2013-125U Moratorium on Metal Shipping Containers INTERIM URGENCY ORDINANCE NO. 2013-12SU
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF MENIFEE ADOPTING A MORATORIUM ON METAL
SHIPPING CONTAINERS AND DECLARING THE URGENCY THEREOF
WHEREAS, the City of Menifee ("City') has an overriding interest in planning and
regulating the use of property within the City. Implicit in any plan or regulation is the
City's interest in maintaining the character of the City's neighborhoods, and ensuring
that the land uses within those neighborhoods are complementary and do not create
adverse impacts on adjacent and nearby uses. Without stable, well-planned
neighborhoods, sections of the City could quickly deteriorate, with serious adverse
physical, social and economic consequences; and
WHEREAS, there are many metal shipping containers being used throughout the
City in residential zones some of which were legally permitted under provisions of the
County Code adopted by the City upon its incorporation in 2008; and
WHEREAS, in addition to those metal shipping containers that are permitted in
residential zones under provisions of the County Code which have been adopted by the
City in its zoning ordinance, there are many metal shipping containers being used
throughout the City in residential zones in a manner that is in violation of the City's
zoning code; and
WHEREAS, the City has received complaints from neighbors regarding the
illegal use of metal shipping containers; and
WHEREAS, there has been a reluctance to enforce existing City regulations
relating to metal shipping containers in residential zones due to an ongoing effort by
some to expand such uses; and
WHEREAS, the City Council is concerned about health and safety issues
associated with the use of metal shipping containers as foundations for structures, as a
garage or shed, or stacking containers on top of each other; and
WHEREAS, the City Council is concerned about the negative effects metal
shipping containers are having on the aesthetic appearance of the community; and
WHEREAS, the City Council is concerned that continued use of metal shipping
containers on residential property within the City blights neighborhoods and reduces
property values across the board within the City; and
WHEREAS, the City Council desires to encourage full enforcement of its zoning
ordinance in an even-handed and fair manner; and
WHEREAS, the City Council finds and determines that the City's existing
standards for metal shipping containers present a current and immediate threat to the
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public health, safety, or welfare because they permit blighted conditions to develop, do
not adequately address structural safety issues inherent in the use of such containers
and do not address the negative effects on the aesthetics of the community; and
WHEREAS, for the reasons set forth above, the City Council declares that metal
shipping containers present a current and immediate threat to the public health, safety,
or welfare; and
WHEREAS, in light of the concerns noted herein, the City Council determines it
is in the interest of protecting the public health, safety, or welfare to adopt this interim
urgency ordinance effecting a temporary moratorium on the use metal shipping
containers in order to allow staff time to, among other related tasks, proceed with a
comprehensive study to research and consider potential regulatory and zoning
mechanisms for regulating such containers; and
WHEREAS, until such time that staff concludes a comprehensive study and the
City Council determines whether to adopt new regulatory controls over metal shipping
containers, the community is in jeopardy of people continuing to build and use metal
shipping containers on their property which would be in conflict with the City's
contemplated regulatory or zoning proposals. The construction of such containers
would defeat the intent and purpose of any potential future regulation and substantially
impair its effective implementation; and
WHEREAS, in light of the numerous concerns noted herein, issuance or
approval of any building, planning, or other applicable entitlements for metal shipping
containers prior to the staff's completion of its comprehensive study would result in a
current and immediate threat to the public health, safety or welfare, and therefore this
interim urgency ordinance prevents a current and immediate threat to the public health,
safety, and welfare; and
WHEREAS, Government Code § 65858 expressly authorizes the City Council to
adopt an interim urgency ordinance to protect the public health, safety, and welfare, and
to prohibit a use that may be in conflict with a contemplated general plan, specific plan,
or zoning proposal that City staff is considering or studying or intends to study within a
reasonable time.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals Incorporated Urgency Findings. The City Council of the
City of Menifee finds that the above recitals are true and correct, that the above recitals
taken together constitute the City Council's legislative findings and statement of reasons
for the necessity and urgency of this interim urgency, and that the above recitals are
incorporated herein by reference as if set forth in full.
SECTION 2. Definitions. "Metal shipping container" means any prefabricated
metal structure designed for use as an individual shipping container in accordance with
international standards, including without limitation a metal structure designed and built
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for use as an enclosed truck trailer in accordance with Department of Transportation
standards, or semi-trailer as defined in the California Vehicle Code used as a storage
facility or a sea cargo container.
SECTION 3. Moratorium. From the effective date of this interim urgency
ordinance and continuing for a period of forty-five (45) days, unless extended, or until
such time as the City establishes a procedure for the regulation of metal shipping
containers, whichever occurs first, no use permit, variance, building permit, business
license or any other entitlement for use shall be approved or issued for the construction
or use of a metal shipping container.
SECTION 4. Enforcement of Existing Laws. Pending review and amendment of
the City's existing regulations relating to metal shipping containers, all currently existing
provisions of the City's Municipal Code and zoning ordinance are to be fully enforced in
accord with law.
SECTION 5. Authority and Effect. This interim urgency ordinance is enacted
pursuant to the authority conferred upon the City Council of the City of Menifee by
Government Code § 65858 and shall be in full force and effect immediately upon its
adoption by a four-fifths (4/5) vote of the City Council as if, and to the same extent that,
such interim urgency had been adopted pursuant to each of the individual sections set
forth hereinabove.
SECTION 6. Penalties. The definitions and penalties for municipal code
violations that are prescribed in the Menifee Municipal Code shall apply to violations of
the provisions of this interim urgency ordinance and to enforcement of existing
provisions of the Menifee Municipal Code and zoning ordinance in matters relating to
metal shipping containers.
SECTION 7. Severability. If any section, subsection, sentence, clause, or phrase
of this interim urgency ordinance is for any reason held to be invalid or unconstitutional
by a decision of any court of any competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this interim urgency ordinance. The City Council
hereby declares that it would have passed this interim urgency, and each and every
section, subsection, sentence, clause and phrase thereof not declared invalid or
unconstitutional without regard to whether any portion of the interim urgency would be
subsequently declared invalid or unconstitutional.
SECTION 8. Certification and Publishing. The City Clerk shall certify as to the
passage and adoption of this Interim Urgency Ordinance and shall cause the same to
be published in a manner prescribed by law.
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APPROVED, and ADOPTED this 7th day of May, tti.
Scott Mann, Mayor
Approved as to Form:
J ie Hayward Big ty Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KATHY BENNETT, City Clerk of the City of Menifee, do hereby attest to and certify
the attached Ordinance No. 2013-125U to be the original ordinance adopted by the City
Council of the City of Menifee on May 7, 2013 and that said ordinance was published in
accordance
with the law.
Date,'&/: Zlit/J -d %4l!y
Kathy Bennett, City Clerk
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I ..
Scott A.Mann
Mayor
Wallace W.Edgerton STATE OF CALIFORNIA )
Deputy Mayor COUNTY OF RIVERSIDE ) ss
John V.Denver CITY OF MENIFEE )
Councilmember I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
Thomas Fuhrman foregoing Ordinance No. 2013-125U was duly adopted by the City Council of the
Councilmember City of Menifee at a meeting thereof held on the 7`h day of May 2013 by the
Greg August following vote:
Councilmember
Ayes: August, Denver, Edgerton, Fuhrman, Mann
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.cityofinenifee.us