2013-127U Moratorium On Metal Containers URGENCY ORDINANCE NO. 2013-127U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MENIFEE EXTENDING THE 45 DAY MORATORIUM IMPOSED BY
INTERIM URGENCY ORDINANCE NO. 2013-125U, ON ISSUANCE OF
PERMITS RELATED TO METAL SHIPPING CONTAINERS FOR A
PERIOD OF 10 MONTHS AND 15 DAYS
WHEREAS, the City of Menifee ("City"), at its regular meeting of May 7 2013,
and pursuant to Government Code Section 65858, adopted Interim Urgency Ordinance
No. 2013-125U imposing a 45 day moratorium on the issuance of any use permit,
variance, building permit, business license or any other entitlement for the construction
or use of metal shipping containers (the "Moratorium") pending the establishment of
procedures for regulation of metal shipping containers as set forth in more detail therein,
and incorporated herein by this reference as it set forth in full; and
WHEREAS, at the City Council meeting held on June 4, 2013, the City Council
issued a report made public more than 10 days prior to any consideration of an
extension of Interim Urgency Ordinance No. 2013-125U in accord with the provisions of
Government Code 65858 recounting efforts undertaken to review and prepare
recommendations for changes to the City's zoning ordinance to address issues relating
to installation and use of metal shipping containers as accessory structures on
residential property within the City including the appointment of an ad hoc policy
subcommittee of the City Council; and
WHEREAS, a public hearing was properly noticed and held on June 18, 2013 at
which time members of the public came forward to be heard on whether the Moratorium
imposed by Interim Urgency Ordinance No. 2013-125U should be extended to allow
more time for the City to develop appropriate regulations and policies relating to the
installation and use of metal shipping containers on residential property; and
WHEREAS, it appears that more time is needed to complete appropriate and
necessary studies and analyses of potential options available to the City and the
preparation of any ordinance or resolution establishing proposed policies or regulations
relating to installation and use of metal shipping containers on residential property
before Interim Urgency Ordinance No. 2013-125U expires on June 21, 2013,; and
WHEREAS, all of the findings cited in Interim Urgency Ordinance No. 2013-125U
concerning the existence of an immediate and current threat to the public safety, health
and welfare still remain, due to the fact that the City's current standards for metal
shipping containers 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, the Moratorium does not have the effect of denying approvals
needed for the development of projects with a significant component of multifamily
housing; and
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WHEREAS, pending completion of the tasks set forth in the report issued on this
matter on June 4, 2013, the City Council finds and determines that there is a need to
extend Interim Urgency Ordinance No. 2013-125U for an additional time period of ten
(10) months and fifteen (15) days from its expiration date, as authorized by Government
Code Section 65858(a), to enable City staff to further research and determine
appropriate regulatory and zoning mechanisms that address the City's concerns, which
were the basis for the Moratorium, which research will include, but not be limited to the
following:
a. Conduct research on the structural safety issues associated with the various
ways metal shipping containers are used for storage.
b. Conduct research on the negative impacts metal shipping containers have on
the aesthetics of local communities.
c. Survey other cities and counties to learn about their regulatory requirements
concerning the use and construction of metal shipping containers to
determine their effectiveness, and assess their applicability to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE
ORDAINS AS FOLLOWS:
SECTION 1. Recitals Incorporated: 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 of this extension of the Interim Urgency Ordinance 2013-125U, and that the
above recitals are incorporated herein by reference as if set forth in full.
SECTION 2. Findings. In adopting this Urgency Ordinance extending Interim
Urgency Interim Ordinance No.2013-125U, the City Council finds and determines that
each of the recitals contained in this Urgency Ordinance are true and correct, and that
the adoption of this Urgency Ordinance is necessary to protect the public safety, health
and welfare, as those terms are defined in Government Code Section 65858(a), in at
least the following respects:
a. If the City Council or the Planning Department were to grant any use permit,
variance, and any other entitlement for the use or construction of metal
shipping containers during the pendency studies necessary to determine the
proper regulatory and zoning mechanisms relating to metal shipping
containers, such approvals could undermine the health and safety of the City
resulting because of the inability of the City to assure such containers are
structurally safe for their intended use; and
b. If the City Council or the Planning Department were to grant any use permit,
variance, and any other entitlement for the use or construction of metal
shipping containers during the pendency studies necessary to determine the
proper regulatory and zoning mechanisms relating to metal shipping
containers on residential property, such approvals could lead to the
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development of blight and negative effects relating to the aesthetic
appearance of the community resulting in the reduction of quality of life and
depression of property values across the board within the City.
SECTION 3. Extension of Moratorium. In accord with the provisions of
Government Code 65858(a) Interim Urgency Moratorium No. 2013-125U, duly adopted
on May 7, 2013 and now set to expire Jun 21, 2013, is hereby readopted and extended
from its expiration date to remain in full force and effect for an additional ten (10)
months and fifteen (15) days until May 6, 2014, unless further extended as permitted by
law or until such time the City establishes regulatory and zoning mechanisms that
address the City's health, safety and welfare concerns related to installation and use of
metal shipping containers on residential property.
SECTION 4. Authority and Effect. This Urgency Ordinance is enacted
pursuant to the authority conferred upon the City Council of the City of Menifee by
Government Code Section 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 ordinance had been adopted pursuant to each of the individual sections set
forth hereinabove.
SECTION 5. Severability. If any section, subsection, sentence, clause, or
phrase of this 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 Urgency Ordinance. The City Council
hereby declares that it would have passed this Urgency Ordinance, and each and every
section, subsection, sentence, clause and phrase thereof not declared invalid or
unconstitutional without regard to whether any portion of the Urgency Ordinance would
be subsequently declared invalid or unconstitutional.
SECTION 6. Certification and Publishing. The City Clerk shall certify as to the
passage and adoption of this Urgency Ordinance and shall cause the same to be
published in a manner prescribed by law.
APPROVED and ADOPTED this 18TH day of June, 20
Nz-
1 Z —
Scott A. Mann, Mayor
Approved as to Form:
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Ju Ve Haywar8 Bi City Attorney
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Ordinance No. 2013-127U
Extending Moratorium on Metal Storage Containers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KATHY SENNETT, City Clerk of the City of Menifee, do hereby attest to and certify the
attached Ordinance No. 2013-127U to be the original ordinance adopted by the City Council of
the City of Menifee on June 18, 2013 and that said ordinance was published in accordance with
the law.
Date: June 18, 2013
'KaThyBenneJerk
01071/0002/55036.03
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. 2013-127U was duly adopted by the City Council of the
Councilmember City of Menifee at a meeting thereof held on the 6th day of August 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 951.6793843
w .cityofinenifee.us