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
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NNE M. LEONCINI, C ty Clerk
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