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2011-94 Recreational Vehicle Moratorium ORDINANCE NO. 2011-94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE PLACING A MORATORIUM ON THE APPROVAL OF RECREATIONAL VEHICLE STORAGE FACILITIES WITHIN THE CITY UNTIL APPROVAL OF THE CITY'S FIRST ZONING CODE 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 the City pending completion of its own general plan and zoning code and provides for the 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 recommended and the City Council adopted interim urgency ordinances which placed a moratorium on such uses while a study was conducted in order to prevent possible approval of an otherwise unpermitted use while the zoning code is being developed; and E. During this two-year period, City staff has been gathering information from other jurisdictions regarding requirements for such storage facilities and has determined that the location of such facilities should be addressed from an overall land use perspective during the development of the City's own general plan and thereafter the zoning code; and F. Therefore, staff has recommended that the temporary ban be extended until such time as the General Plan and thereafter the Zoning Code has been completed and such Zoning Code identifies an area of the City in which such facilities properly can be located from a land use perspective. G. The Planning Commission has considered this moratorium at a duly noticed public hearing at its meeting of May 10, 2011, and thereafter recommended approval of this Ordinance; H. The City Council has considered this ordinance at a duly noticed public hearing on June 7, 2011, at which all those wishing to speak were heard. 4814-3522-3558.1 City of Menifee Ordinance No.2011-94 Moratorium on Approval of Recreational Vehicle Storage Facilities I. This Ordinance is categorically exempt from CEQA. SECTION 2. 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 ordinance 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 30 days from the date of its adoption and shall be of no further force and effect upon the date the City's Zoning Code becomes effective. PASSED, APPROVED AND ADOPTED this 21st day of June, 2011. Wallace W. Edgerton, Maor ATTEST: 7APP/RO/VED AS TO FORM: Kathy Bennett, City Clerk Karen Feld, City Attorney 2 'Tv Op Wallace W.Edgerton Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss Fred Twyman Vice Mayor CITY OF MENIFEE ) John V.Denver I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the Councilmember foregoing Ordinance No. 2011-94 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 21St day of June, 2011 by the Councilmember Darcy Kfollowing vote: mbe Thomas Fuhrman Ayes: Denver, Edgerton, Fuhrman, Kuenzi, Councilmember Noes: None Absent: None Abstain: None Kathy Bennett, City Clerk 29714 Haun Road Menifee,CA 92586 Phone 951.672.6777 Fax 951.679.3843 www.cityofrnenifee.us