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2009-48U - one year extension RV menifee ORDINANCE NO. 2009-48U AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE EXTENDING THE TEMPORARY MORATORIUM ON THE APPROVAL OF RECREATIONAL VEHICLE STORAGE FACILITIES WITHIN THE CITY FOR AN ADDITONAL ONE YEAR THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS: SECTION 1. FINDINGS. The City Council finds as follows: A. Riverside County Land Use Ordinance No. 348 has been adopted by reference by the City pending completion of its own zoning code and provides for the legal location of commercial facilities for the storage of recreational vehicles (including but not limited to boats and RVs) within various zone classifications; B. There have been permitted facilities without an assessment of the level of need for such facilities; C. There has been a number of unpermitted uses reported where property owners have allowed the commercial storage of such vehicles without any permit or site preparation; D. Therefore, staff has recommended and the City Council has determined that there is an immediate need to further study this use, location and its requirements within the community in order to protect public health, safety and welfare by determining locations and any additional regulations needed if such use is to be permitted; and E. State law (Government Code Section 65858) allows the City to adopt an interim urgency ordinance which places a moratorium on a use which will be studied by the City in order to prevent the possible approval of such a use while a comprehensive ordinance is developed; and F. Government Code Section 65858 provides that this ordinance initially may be adopted for 45 days without notice or hearing, which may be renewed after notice and hearing for 10 months and 15 days and thereafter for an additional one year, for a total of no more than two years; and G. The City Council has considered this extension at a duly noticed public hearing thereon; and H. City staff has been gathering information from other jurisdictions regarding requirements for such storage facilities and the one year extension is necessary to complete a final ordinance regarding such use. 4814-3522-3558.1 City of Menifee Ordinance No. 2009-48U SECTION 2. TEMPORARY MORATORIUM ON THE APPROVAL OF RECREATIONAL VEHICLE STORAGE FACILITIES (a) Findings: The findings set out above are true and correct. (b) Definitions: As used herein, "RV storage facility" or "recreational vehicle storage' means commercial recreational vehicle and boat storage allowed with a CUP in Zones RR, RT, CPS and W-2 and with a plot plan in Zones C- 1/C-P, IP, MSC, MM and MH or as otherwise allowed in Land Use Ordinance No. 348. (c) Moratorium: The City shall not grant a CUP or plot plan for such use in any zone within during the period in which this moratorium remains in effect. (d) Processing of Applications. An applicant may elect to have City staff continue to accept and process applications during this moratorium. The moratorium is not intended to affect the acceptance and/or processing of applications for RV storage facilities by City staff; it is intended to freeze only the issuance of permits for such facilities. At the applicant's written request, the City shall continue to process such an application during the term of the moratorium; however, any new standards for RV storage facilities and the permitting thereof which are adopted during the moratorium and are effective at the expiration of the moratorium shall nevertheless apply to such an application. Any time limits or mandatory approval of time frames relative to the processing and action upon permit applications for any and all wireless communication facilities are tolled during the extended term of this moratorium. SECTION 3. EFFECTIVE DATE OF ORDINANCE This ordinance shall take effect upon the expiration of the second extension of the t urgency ordinance and shall terminate 1 (one) year later. PASSED, APPROVED AND ADOPTED BY the following 4/5T" votes this 15th day of June, 2010. allace W. Edgerto , Mayor ATTEST: Kathy Bennett, City Clerk APPROVED AS TO FORM: Karen Feld, City Attorney 4814-3522-3558.1 2 ' I Wallace W. Edgerton Mayor Fred Twyman Mayor Pro Tem John V.Denver STATE OF CALIFORNIA ) Councilmember COUNTY OF RIVERSIDE ) ss Darcy Kuenzi CITY OF MENIFEE ) Councilmember I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the foregoing Scott A.Mann Ordinance No. 2010-48U was duly adopted by the City Council of the City of Menifee Councilmember at a meeting thereof held on the 15th day of June, 2010 by the following vote: Ayes: Denver, Edgerton, Mann, Twyman Noes: None Absent: Kuenzi Abstain: None k& Kathy Bennett, City Clerk 29714 Haun Road Menifee,CA 92586 Phone 951.672.6777 Fax 951.6793843 www.cityofinenifee.us