HomeMy WebLinkAboutNS-2443 - Amending Chapter 41 of the Santa Ana Municipal Code Pertaining to the Storage and Distribution of Harzardous Materials139
ORDINANCE NO. NS-2443
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 41 OF THE SANTA
ANA MUNICIPAL CODE PERTAINING TO THE STORAGE
AND DISTRIBUTION OF HAZARDOUS MATERIALS
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. 00-110 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 41-472 of the Santa Ana Municipal Code, is hereby
amended by adding a subsection, to be numbered 41-472(zz), which said section reads
as follows:
Sec. 41-472. Uses permitted in the MI district.
The following uses are permitted in the M1 district:
(a) The compounding, processing, or treatment of raw or previously treated
materials into a finished or semi-finished product, excluding those uses
specified in section 41-489.5.
(b) The manufacture of products from raw or previously treated materials,
excluding those uses specified in section 41-489.5.
(c) The assembly of products from raw or previously treated materials,
excluding those uses specified in section 41-489.5.
(d) The packaging or distribution of previously prepared products or
materials, excluding those uses specified in section 41-489.5.
(e) Wholesale establishments where the primary trade is business to
business sale of products, supplies, and equipment.
(f) Storage of previously prepared products or materials for eventual
distribution or sales.
(g) Machine shop or other metal working shops.
Ordinance No. NS-2443
Page I of 4
140
(h) Enclosed storage and warehousing, including mini-storage.
(i) Impound yards (storage only) with no office or dispatching operations.
(j) Laundry and dry cleaning establishments in conjunction with plant
operation for such establishment on the premises.
(k) Eating establishments not specified in section 41-472.5.
(I) Research laboratories that do not generate hazardous waste materials.
(m) Service stations with no more than two thousand (2,000) square feet of
the gross floor area devoted to non-automotive related product sales.
(n) Truck, boat and heavy equipment sales, rental, and service.
(o) Movie, photography, musical or video production studios.
(p) Bulk products sales (twenty-five (25) cubic feet or greater) when such
products are the primary sales activity.
(q) Public utility structures.
(r) Blueprinting, photoengraving, screen printing and other reproduction
processes.
(s) Wholesale nursery and plant storage.
(t) Contractor's yard.
(u) Automotive repair and service, including body and fender repair, painting,
and engine replacement.
(v) Home improvement warehouse store.
(w) Sales of industrial products, supplies and equipment used for final product
manufacture.
(x) Lumberyard, including mill and sash work if conducted entirely within an
enclosed building.
(y) Recycling facilities not in excess of forty-five thousand (45,000) gross
square feet and in cempliance with section 41-1253 of this Code
including:
(1) Small collection facilities.
(2) Large collection facilities.
(3) Light processing facilities.
(z) Adult entertainment businesses, subject to compliance with the
requirements of article XVII of this chapter.
(zz) Storage and distribution of hazardous materials.
SECTION 3: That section 41-489.5 of the Santa Ana Municipal Code is hereby
amended, by deleting section 41-489.5(m), which said section reads as follows:
Sec. 41-489.5. Additional uses subject to a conditional use permit in the
M2 district.
In addition to uses permitted subject to the issuance of a conditional use permit
pursuant, to sections 41-489 and 41-472.5, the following uses may be permitted
in the M2 district subject to the issuance of a conditional use permit:
(a) Acid manufacturing.
(b) Junkyards, automobile wrecking yards and salvage yards, and impound
yards.
Ordinance No. NS-2443
Page 2 of 4
141
(c)
(d)
(e)
(f)
(g)
(h)
(i)
d)
(k)
(m)
(n)
Cement, lime, gypsum or plaster of paris manufacture.
Fertilizer manufacture.
Gas or acetylene manufacture.
Glue manufacture.
Smelting of tin, copper, zinc or iron ores.
Sites for the transfer, disposal or dumping of rubbish, garbage, trash, or
refuse.
Missions.
Tattoo parlors.
Any facility where payment is offered for blood or plasma donations.
Crematories.
Hazardous waste treatment facilities.
Recycling facilities in excess of forty-five thousand (45,000) gross square
feet and in compliance with section 41-1253 of this Code.
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 dghts and obligations thereunder appertaining shall
continue in full force and effect.
ADOPTED this 1 s friday of
ATTEST:
Clerk of the Council
September ,2000.
Ordinance No. NS-2443
Page 3 of 4
142
COUNCILMEMBERS:
Pulido Aye
Lutz AYe
Bist Aye
Christy Aye
Franklin Ave
McGuigan Aye
Uoreno Absent
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
Cristine L. Shaw
Deputy City Attorney
CERTIFICATE OF ORIGINALITY & PUBLICATION
I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Ordinance
No. NS-2443 to be t.h9 qriginal ordinance adopted by the City Council of the City of
Santa Ana on __~'/~/~0 ; and that said ordinance was published in
accordance wit~- the ~;har(er of the City of Santa Ana.
Date: /~//~,/.~
Clerk of the Council v
/I
City of Santa Ana
Ordinance No. NS-2443
Page 4 of 4