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HomeMy WebLinkAboutNS-2442 - Amending Chapter 41 of the Santa Ana Municipal Code to Delete the Requirement for a Conditional Use Permit for Storage of Flammable Liquids in Above Ground Tanks...135 ORDINANCE NO. NS-2442 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO DELETE THE REQUIREMENT FOR A CONDITIONAL USE PERMIT FOR STORAGE OF FLAMMABLE LIQUIDS IN ABOVE GROUND TANKS IN THE M-1 AND M-2 ZONES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The City Council has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Project, together with all comments and response to comments. The City Council has, as a result of its consideration, and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration for Environmental Review No. 00-111 and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. SECTION 2: That section 41-625 of the Santa Ana Municipal Code is hereby repealed. SECTION 3: That section 41-472.1 of the Santa Ana Municipal Code is hereby amended by adding a subsection, to be numbered 41-472.1(4), which said section reads as follows: Sec. 41-472.1. Ancillary uses permitted in the Mt district. The following uses are permitted when ancillary to any use permitted by section 41-472 or to any use permitted subject to a conditional use permit: (1) Administrative office use occupying up to thirty (30) percent of the gross floor area; (2) Product sales or service uses occupying up to five (5) percent of the gross floor area; (3) Child care occupying up to thirty (30) percent of the gross floor area; provided, however, that no combination of uses permitted by this section shall exceed thirty (30) percent of the gross floor area. (4) The outside storage of Class I and Class II liquids (as defined in the fire code of the City of Santa Aha) in above ground fixed Ordinance No. NS-2442 Page 1 of 3 136 storage tanks when properly screened pursuant to section 41-622 of the Code, as it may be amended from time to time. As used herein, "tank" means a vessel containing more than sixty (60) gallons. SECTION 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 5: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this lSthday of September ,2000. A'CrEST: Patricia E. Healy Clerk of the Council Ma~or COUNCILMEMBERS: Pulido Aye Lutz Aye Bist Aye Christy Aye Franklin Ave McGuigan Aye Moreno Absent APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Cristine L. Shaw Deputy City Attorney Ordinance No. NS-2442 Page 2 of 3 137 CERTIFICATE OF ORIGINALITY & PUBLICATION I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Ordinance No. NS-2442 to be the original ordinance adopted by the City Council of the City of Santa Ana on ~//~'/-~O ; and that said ordinance was published in accordance with the Chart(~r of the City of Santa Ana. Date: Ordinance No. NS-2442 Page 3 of 3