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HomeMy WebLinkAboutOrdinance 1342 (Storage of Flammables)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City do hereby certify that the foregoing Charter Ordinance No. 1342 entitled: AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING ORDINANCE NO. 1268 WHICH AMENDS SECTION 4.08.090 OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING AN EXCEPTION TO ARTICLE 15, SECTION 15.210(a) OF THE UNIFORM FIRE CODE (Re prohibition of storage of flammable or combustible liquids in underground or above ground storage tanks in residential districts.) is a true and correct copy of an ordinance of said City and was introduced at a regular meeting of the City Council of the City of San Rafael, held on the 16th day of July , 19791 published as required by City Charter in the Independent -Journal a newspaper printed and published in the City of San Rafael and passed and adopted as an ordinance of said City at a regular meeting of the City Council of said City held on the 16th day of July 1979, by the following vote, to wit: 0 AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEAD3ERS: Nixon WITNESS my hand and the official seal of the City of San Rafael this 20th day of July 1979. JEA E M. LEONCINT 't i y Clerk ORDINANCE NO. 1342 AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING ORDINANCE NO. 1268 WHICH AMENDS SECTION 4.08.090 OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING AN EXCEPTION TO ARTICLE 15, SECTION 15.210(a) OF THE UNIFORM FIRE CODE THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: SECTION 1. Section 4.08.090, Amendments Made to Uniform Fire Code, of the Municipal Code of San Rafael is amended to add an exception thereto to read as follows: EXCEPTION: The storage of flammable or combustible liquids in underground or above ground storage tanks is prohibited in resi- dential districts. SECTION 2. This Ordinance is hereby declared to be an Urgency Ordinance necessary for the immediate preservation of public health and safety within the meaning of the Government Code, Section 25123 and will take effect and be in force upon its adoption of a 4/5 vote of the San Rafael City Council. The reasons for the urgency are as follows: Due to the present gasoline and other flammable and combustible fuel shortage people now are seeking to construct quantity underground storage facilities for such fuel in residential areas. The construction and use of such underground storage facilities in residential areas should be prohibited as they present many undue and unreasonable dangers and hazards, including the following: 1. Underground fuel storage tanks will require various types of trucks coming into residential areas to deliver the fuels, thereby exposing places of human habitation to potential hazards and dangers not otherwise present. The actual delivery of highly flammable or combustible liquids into such home storage tanks and thereafter the pumping of such fuels into motor vehicles and other types of machinery present further hazards and risks which are not controllable or compatible with residential uses. 2. The underground tanks can become neglected, or damaged, or over a period of time simply deteriorate, thereby allowing flammable or combustible liquids to seep into and saturate the surround- ing soils, thus setting up the potential for fires and explosions from unexpected sources. In saturating the soils flammable or combustible liquids also have a tendency to penetrate water lines, sewer lines, storm drains, and to destroy other underground utilities, such as gas, electric and cable TV lines. 3. Neglect or abandonment of these tanks, especially where fill pipes, hose and pumps are vandalized or they are left to deterior- ate, creates an undue hazard and exposure to flammable vapors which are readily ignitable. 4. Unlike gasoline stations or private fuel dispensing facil- ities in industrial or commercial establishments, there are less side - yard setbacks, and more openings such as windows, garages, and manmade doors through which volatile vapors can accumulate inside buildings, and generally more uncontrolled ignition sources in residential areas. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases be declared invalid. �T� s ATTEST: LAWRENCE E. MULRY N, Mayor dJANtN E M. LE0NCI I, City Jerk The above and foregoing Ordinance No. 1342 was adopted as an Urgency Ordinance of the City of San Rafael at a regular meeting of the City Council of San Rafael held on the 16th day of Ju1y 1979, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Nixon <)(� NNE M. LEONCINI, C ty Clerk 22 B/27,28