2012-110U Moratorium_Underground Bunkers ORDINANCE 2012-110U _
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MENIFEE, CALIFORNIA, EXTENDING A TEMPORARY MORATORIUM
ON CONSTRUCTION OF AN UNDERGROUND STORAGE FACILITY OR
BUNKERS
THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Menifee hereby finds, determines and
declares 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 does not include
provisions for the legal location of an underground storage facility or bunker
within any zone classification.
B. There have been inquiries about allowing such facilities without the benefit of any
land use analysis.
C. Therefore, staff has recommended and the City Council has determined that
there is an immediate need to study this use and its 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.
D. 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.
E. Without adoption of this ordinance, properties in the City could quickly receive
entitlements to construct an underground storage facility or bunker despite the
fact that the City Council has determined that the Municipal Code is in need of
updating and has directed that a study be done to recommend new standards
and adopt Code sections to address concerns created by underground storage
facilities or bunkers.
F. In order to prevent the frustration of said studies and the implementation thereof,
the public interest, health, safety and welfare require the immediate enactment of
this ordinance. The absence of this ordinance would create a serious threat to
the orderly and effective implementation of any code amendments, general plan
amendments or specific plan amendments which may be adopted by the City as
a result of the studies, in that the establishment or construction of underground
storage facilities or bunkers may be in conflict with or frustrate the contemplated
updates and revisions to the Code, general plans or specific plans.
G. On June 5, 2012, the City Council adopted Urgency Ordinance 2012-107U
creating a moratorium on the approval of Underground storage facilities and
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bunkers. The urgency ordinance created a 45-day moratorium, which is set to _
expire on July 22, 2012.
H. The Staff Report for this Ordinance dated July 17, 2012 and duly signed by the
City Manager shall, by this reference be incorporated herein, and together with
this Ordinance, any amendments and oral testimony constitute the necessary
findings for this Ordinance.
I. The City Council has held a public hearing prior to its consideration of this
emergency ordinance providing for an extension of the interim ordinance and has
considered all of the written and oral testimony offered concerning whether to
adopt this emergency ordinance.
J. The City Council finds, determines and declares that the current and immediate
threat to the public health, safety and welfare of the City and its citizens
necessitates the immediate enactment of the ordinance. The facts constituting
such an urgency are set forth in paragraphs A-J, inclusive of this ordinance.
K. The City Council further finds that this ordinance constitutes a matter of Citywide
importance and is not directed towards nor targeted at any particular parcel of
property or proposed occupant.
SECTION 2. TEMPORARY MORATORIUM ON THE CONSTRUCTION OF UNDERGROUND
STORAGE FACILITY OR BUNKERS
(a) Underground storage facility or bunker shall mean an underground or partially
underground room, separate and detached from a residence or other building, requiring
building review and permitting.
(b) No new underground storage facility or bunker shall be constructed or permitted in
any zone.
(c) Processing of Applications. The moratorium is not intended to affect the
acceptance and/or processing of applications for an underground storage facility or
bunker by City staff; it is intended to freeze only the issuance of planning and building
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 an underground storage facility or bunker 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 shall be
tolled during the extended term of this moratorium.
SECTION 3. EXTENSION OF INTERIM ORDINANCE
This ordinance is introduced, passed and adopted at one and the same meeting and is
thereafter immediately effective. The City Council finds that this ordinance is necessary to
protect the public safety, health and welfare. The reasons for the emergency are set forth in
Section 1, paragraphs A-J, inclusive of this ordinance. The City Council hereby extends this
Urgency Ordinance for the period of 10 months and 15 days from the date of its adoption, and
thereafter shall be null and void unless extended by further action of the City Council.
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PASSED, APPROVED AND ADOPTE on this 17" day of July, 2012
n V. Denver, Mayor
APPROVED AS TO FORM:
Joseph a cher, Cit Attorney
CERTIFICAT OF ATTESTATION AND ORIGINALITY
I, KATHY BENNETT, City Clerk of the City of Menifee, do hereby attest to and certify
the attached Ordinance No. 2012-110U to be the original ordinance adopted by the City
Council of the City of Menifee on July 17, 2012 and that said ordinance was published
in accordance with the law.
Date: da Aio#�
Ka y Bennett, City Clerk
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ENIFE
John V.Denver
Mayor STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
Thomas Fuhrman CITY OF MENIFEE )
Mayor Pro Tem
Wallace W.Edgerton I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
Councilmember foregoing Ordinance No. 2012-110U was duly adopted by the City Council of the
City of Menifee at a meeting thereof held on the 171h day of July, 2012 by the
Darcy Kuenzi following vote:
Councilmember
Sue Kristjansson Ayes: Denver, Edgerton, Fuhrman, Kristjansson, Kuenzi,
Councilmember Noes: None
Absent: None
Abstain: None
Kathyy Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofrnenifee.us