2014-142 Metal Shipping Containers ORDINANCE No. 2014-142
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, FINDING THAT CODE AMENDMENT DCA 2014-080 IS
EXEMPT FROM ENVIRONMENTAL REVIEW, REPEAL PORTIONS OF
SECTION 18.50 OF RIVERSIDE COUNTY LAND USE ORDINANCE NO.
348 AS ADOPTED BY THE CITY OF MENIFEE AND AMEND THE
MENIFEE MUNICIPAL CODE BY THE ADDITION OF A NEW CHAPTER
9.16 "METAL SHIPPING CONTAINERS AS ACCESSORY STORAGE
FACILITIES"
Whereas, on October 1, 2008,the City of Menifee incorporated, becoming the local
government authority for the City's corporate boundaries; and
Whereas, on December 18, 2013, following the certification of an Environmental
Impact Report(State Clearinghouse#2012071033), the City Council of the City of Menifee
adopted a comprehensive General Plan for the City, including Goals and Policies for the
safe and responsible growth and development of the community; and
Whereas, on several meetings before the Planning Commission and City Council
the issue of the City's standards and criteria forthe allowance of Metal Shipping Containers
as storage devices upon residentially designated properties was considered and discussed;
and
Whereas, at the May 28, 2013 City Council meeting, Mayor Mann appointed Council
members August and Denver as an Ad Hoc committee to study the issue of metal storage
containers upon residential properties, directing that the Ad Hoc committee return with
recommendations for changes to the City's container standards for consideration by the
Planning Commission and by the full Council; and
Whereas, at the April 8, 2014 Planning Commission public hearing, and continuing
at the Commission's May 13, 2014 regularly scheduled meeting, based upon the materials
in the staff report and accompanying documents, the Commission considered the
requirements of the California Environmental Quality Act (CEQA) (Public Resources Code
Section 21000 et. seq.)with regard to the possible impacts the Amendment may have upon
the environment, and the Amendment's consistency with the Environmental Impact Report
adopted for the City's newly adopted General Plan; and
Whereas, on April 8, 2014, and continuing at the Commission's May 13, 2014
regularly scheduled meeting, the Planning Commission held duly noticed public hearings on
the recommended Notice of Exemption and proposed Code Amendment by way of DCA
2014-080, considered all public testimony as well as all materials in the staff report and
accompanying documents proposing to repeal portions of Section 18.50 of Riverside County
Land Use Ordinance No. 348, as adopted by the City of Menifee, and establishing a new
Chapter 9.16 "Metal Shipping Containers as Accessory Storage Facilities' for residential
properties; and
Whereas, at the April 8, 2014 Planning Commission public hearing, and continuing
at the Commission's May 13, 2014 regularly scheduled meeting, based upon the materials
City of Menifee Ordinance No. 2014-142
Metal Shipping Containers
in the staff report and accompanying documents, the Commission considered the Goals and
Policies of the City's adopted General Plan as stated below; and
General Plan Goals and Policies:
LU-1.4. Preserve, protect, and enhance established rural, estate, and residential
neighborhoods by providing sensitive and well-designed transitions (building design,
landscape, etc.) between these neighborhoods and adjoining areas.
LU-1.9. Allow for flexible development standards provided that the potential benefits
and merit of projects can be balanced with potential impacts.
HE-2.2. Property Maintenance. Support the maintenance and improvement of the
quality of housing and neighborhoods through the adoption, amendment, and compliance
with land use, zoning, building, and property maintenance codes.
CD-3.10. Employ design strategies and building materials that evoke a sense of
quality and permanence.
CD-3.12. Utilize differing but complimentary forms of architectural styles and
designs that incorporate representative characteristics of a given area.
CD-3.15. Require property owners to maintain structures and landscaping to high
standards of design, health, and safety.
CD-3.22. Incorporate visual buffers, including landscaping, equipment and storage
area screening, and roof treatments, on properties abutting either Interstate 215 or
residentially designated property.
Whereas, at the April 8, 2014 Planning Commission public hearing, and continuing
at the Commission's May 13, 2014 regularly scheduled meeting, the materials within the
staff report and accompanying documents, as required by Riverside County Ordinance No.
348 (adopted by the City of Menifee with regard to amendments to the Zoning Code),
illustrated to the Commission that the proposed Code Amendment by way of DCA 2014-080
is consistent with, conforms to and fulfills the Goals and Policies of the adopted General
Plan as listed above; and
Whereas, on May 23, 2014, a Municipal Code Amendment byway of DCA 2014-080
was publicly noticed within The Press Enterprise, a newspaper of general circulation, of a
public hearing before the City of Menifee City Council scheduled for June , 2014; and
Whereas, at the April 8, 2014 Planning Commission public hearing, and continuing
at the Commission's May 13, 2014 regularly scheduled meeting, based upon the materials
in the staff report and accompanying documents, the Commission considered the
requirements of the California Environmental Quality Act (CEQA) (Public Resources Code
Section 21000 et. seq.)with regard to the possible impacts the Amendment may have upon
the environment, and the Amendment's consistency with the Environmental Impact Report
adopted for the City's newly adopted General Plan; and
Whereas, at the April 8, 2014 Planning Commission public hearing, and continuing
at the Commission's May 13, 2014 regularly scheduled meeting, the Commission
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City of Menifee Ordinance No. 2014-142
Metal Shipping Containers
considered the information contained within the staff report, received a presentation from
staff and comments from the public, and following questions of staff and discussion amongst
its members, the Commission moved, seconded and on a three-to-two (3/2) vote adopted
Planning Commission Resolution No. 2014-172 (Alternative"D")with specific modifications;
and
Whereas, on May 23, 2014, a Municipal Code Amendment by way of DCA 2014-080
was publicly noticed within The Press Enterprise, a newspaper of general circulation, of a
public hearing before the City of Menifee City Council scheduled for June 4, 2014; and
Whereas, at the June 4, 2014, July 2, 2014 and July 30, 2014 City Council public
hearings, the materials within the staff reports and accompanying documents, as required
by Riverside County Ordinance No. 348 (adopted by the City of Menifee with regard to
amendments to the Zoning Code), illustrate to the Council that the proposed Code
Amendment by way of DCA 2014-080 is consistent with, conforms to and fulfills the Goals
and Policies of the adopted General Plan as listed herein above; and
Whereas, the City has complied with the California Environmental Quality Act
(CEQA) and the draft Notice of Exemption is an accurate and objective statement that fully
complies with CEQA, the CEQA guidelines and represents the independent judgment of the
City Council of the City of Menifee.
Whereas, on June 4, 2014, July 2, 2014 and July 30, 2014, the City Council of the
City of Menifee held duly noticed public hearings on the recommended Notice of Exemption
and proposed Code Amendment by way of DCA 2014-080, considered the information
contained within the staff reports, received presentations from staff and comments from the
public, and following questions of staff, discussed amongst its members the establishment
of a new Chapter 9.16 "Metal Shipping Containers as Accessory Storage Facilities".
Now, therefore, the City Council of the City of Menifee does ordain as follows:
Section 1. That the City Council finds, for the reasons detailed upon that Notice of
Exemption, that the proposed Code Amendment by way of DCA No. 2014-080 is exempt
from further environmental review and authorize staff to sign and forward said Notice of
Exemption.
Section 2. That those portions of Riverside County Land Use Ordinance No. 348
(as adopted by the City of Menifee), Section 18.50 related to the placement and use of
metal shipping containers upon residential property are hereby repealed and of no further
force or effect, retaining those standards and requirements for metal shipping containers
with regard to commercial and industrial properties.
Section 3. By adoption of a new Chapter 9.16 "Metal Shipping Containers As
Accessory Storage Facilities",which affirms and amends the provisions of repealed Section
18.50 of the Riverside County Land Use Ordinance No. 348 as it pertains to the placement
and use of metal shipping containers upon residential property, the City of Menifee hereby
ratifies the metal shipping containers now in place upon residentially designated properties
in reliance upon that provision of law and confirms that such metal shipping containers shall
be entitled to remain in place in accordance with the provisions and requirements of new
Chapter 9.16 "Metal Shipping Containers As Accessory Storage Facilities" within the City.
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City of Menifee Ordinance No. 2014-142
Metal Shipping Containers
Section 4. A new Chapter 9.16 "Metal Shipping Containers as Accessory Storage
Facilities" of the Menifee Municipal Code is hereby adopted to read in its entirety as follows:
"CHAPTER 9.16 METAL SHIPPING CONTAINERS AS ACCESSORY STORAGE
FACILITIES ON RESIDENTALLY DESIGNATED PROPERTIES"
Sections:
9.16.010 INTENT
9.16.020 METAL SHIPPING CONTAINER DEFINED
9.16.030 IN PLACE METAL SHIPPING CONTAINERS
9.16.040 ADDITIONAL METAL SHIPPING CONTAINERS PROHIBITED
9.16.060 USE STANDARDS FOR METAL SHIPPING CONTAINERS
9.16.060 PLACEMENT STANDARDS FOR METAL SHIPPING CONTAINERS
9.16.070 NOTIFICATION REQUIREMENTS FOR METAL SHIPPING
CONTAINERS ON RESIDENTIALLY DESIGNATED PROPERTIES
9.16. 080 REMOVAL OF METAL SHIPPING CONTAINERS
9.16.010 INTENT
The City Council has enacted the following provisions to control the use of Metal Shipping
Containers upon residentially designated properties within the City of Menifee to preserve
and protect the aesthetic appearance of the community, property values, and the public
health, safety and general welfare.
9.16.020 METAL SHIPPING CONTAINER DEFINED
As used in this Chapter, a "metal shipping container" means any metal container formerly
used for transporting sea-going cargo not to exceed the maximum dimensions of eight by
eight by forty (8X8X40) feet.
9.16.030 IN PLACE METAL SHIPPING CONTAINERS
All existing metal shipping containers in place upon residentially designated properties
within the City of Menifee thirty (30) days prior to the effective date of this Ordinance are
hereby ratified and allowed to remain on the residential property in the location that they
existed thirty (30) days prior to the effective date of this Ordinance subject to the
requirements of Subsection 9.16.050 "Use Standards for Metal Shipping Containers".
Existing in place containers may not be moved, repositioned or relocated except in
conformance with Section 9.16.060"Placement Standards for Metal Shipping Containers".
A residential property owner or individual in control of a residential property having a Metal
Shipping Container(s) in place thirty (30) days prior to the effective date of this Ordinance
shall have one year from the effective date of this Ordinance to comply with the no fee
notification requirements of Section 9.16.070"Notification Requirements For Metal Shipping
Containers On Residentially Designated Properties" of this Ordinance. Any metal shipping
container in place on the effective date of this Ordinance for which the property owner, or
individual in control of the property, fails to comply with the notification requirements as set
forth in Section 9.16.070 "Notification Requirements For Metal Shipping Containers On
Residentially Designated Properties" of this Ordinance may, at the discretion of the
Community Development Director, be ordered to remove the containers from the residential
property. Any such order by the Community Development Director shall be subject to the
appeal provisions of Section 2.20.150"Appeal Procedures" of the Menifee Municipal Code.
An Appeal Fee of $250 shall be submitted with any Notification Requirement Appeal
application until an alternative Notification Requirement Appeal Fee is established by City
Council Resolution.
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City of Menifee Ordinance No. 2014-142
Metal Shipping Containers
9.16.040 ADDITIONAL METAL SHIPPING CONTAINERS PROHIBITED
Upon the effective date of this Ordinance no additional metal shipping containers shall be
allowed to be placed, installed or located upon a residentially designated property, except
as allowed under Subsection "B" of Section 9.16.050 "Use Standards For Metal Shipping
Containers".
9.16.050 USE STANDARDS FOR METAL SHIPPING CONTAINERS
The following use standards shall apply to all metal shipping containers on residentially
designated properties within the City of Menifee:
A. Metal shipping containers shall not be allowed as a principal use in any zone.
B. Metal shipping containers shall be allowed in all zones on a temporary basis when
utilized during construction or grading operations for the site where located and
when utilized solely for the storage of supplies and equipment that are used for
construction or grading on that site.
C. Metal shipping containers may be used in conjunction with a Home Occupation or
any use for the storage and or keeping of supplies, tools and or materials used in
a particular trade.
D. Metal shipping container(s) shall be screened from view from any public right-of-
way if the container(s) is/are placed within 300 feet of the right-of-way. Metal
shipping containers located closer than 100 feet from any off-site residence shall
also be screened from view. Screening shall consist of the use of screening
materials including, but not limited to, view obscuring oblique fencing (six{6)feet
in height), dense landscaping, existing structures or on-site landforms. Portions of
the container not directly screened as noted above shall be painted to match or
compliment the residential structure on site.
E. Metal shipping containers shall not be connected to any utilities, nor used for any
form of human or animal habitation.
F. Metal shipping containers shall be in "good condition"; meaning, intact structural
integrity, free of obvious deterioration, all exterior surface areas painted, and with
all moving parts (such as doors)functioning properly and be in compliance with all
applicable health and safety codes.
9.16.060 PLACEMENT STANDARDS FOR METAL SHIPPING CONTAINERS
Any movement/repositioning or relocation of a metal shipping container(s) from a position
existing thirty (30) days prior to the effective date of this Ordinance requires approval from
the Community Development Director, and if such approval is granted, the standards of this
section shall apply as well as all applicable provisions of this Ordinance.
A. Metal Shipping containers shall not be located closer than fifty (50)feet from any
property line, nor within the area in front of the leading edge of the home upon the
residential property, or within any required parking space.
B. Placement of Metal shipping containers shall conform with all health, safety
development and environmental requirements.
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City of Menifee Ordinance No. 2014-142
Metal Shipping Containers
C. Metal Shipping Containers shall not be placed upon a residential lot in a manner
which would cause significant impacts to drainages, watercourses, sensitive
habitat, or archeological or paleontological resources.
D. Metal shipping containers shall not be located closer than five (5) feet from one
another and may not be closer than twenty (20) feet from any other structure.
E. Containers shall not be stacked one upon the other.
9.16.070 NOTIFICATION REQUIREMENTS FOR METAL SHIPPING CONTAINERS
ON RESIDENTIALLY DESIGNATED PROPERTIES
A. No later than one year from the effective date of this Ordinance the legal property
owner, or the person/s in control of such property, shall submit in writing, to the
Community Development Director, the property's Assessor Parcel Number(APN),
the property's legal owner, a "property diagram" illustrating the distances between
containers, containers and property lines and containers and other structures on
site, and a total number of metal shipping containers on the property thirty(30)days
prior to the effective date of this Ordinance. Any person/s in control of such
property, who is not the property owner, shall notify the legal property owner/s that
the requirements of this section have been met. (The language highlighted in yellow
is suggested by staff for internal consistency within the Ordinance.)
B. Failure on the part of the property owner, or the person/s in control of such property,
to notify the Community Development Director within the time frame set forth herein
may result in suspension/revocation of any or all of the entitlements granted by this
Ordinance.
9.16.080 REMOVAL OF METAL SHIPPING CONTAINERS
A. All metal shipping containers shall be removed from residential property prior to or
upon the sale or transfer of residential property. Failure of the property owner, or
individual in control of a property, to remove all containers from a residentially
designated property in conformance to this Ordinance shall be in violation of the
Menifee Municipal Code.
B. It is the responsibility of the residential property owner, that prior to or upon the
sale, transfer, or any change in ownership of residential property where a
container(s) are located to remove all metal shipping containers from that
residential property. Metal shipping containers not removed in accordance with
the provisions of this section at the time of sale or transfer shall be, by the
authority of this Ordinance, in violation of this Ordinance and be subject to removal
at a date determined by the City of Menifee.
Section 5. Notice of Adoption. The City Clerk of the City of Menifee shall certify to
the adoption of this Ordinance.
Section 6. Effective Date. This Ordinance shall take effect and be in full force and
operation thirty (30) days after its adoption by the City Council on , 2014.
Section 7. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance orthe application thereof to any person orcircumstance is,forany
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City of Menifee Ordinance No. 2014-142
Metal Shipping Containers
reason, held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council declares that it would have adopted this Ordinance, and each
section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that
any one or more section, subsection, sentence, clause, phrase or portion thereof be
declared invalid or unconstitutional.
Section 8. City Clerk Action. The City Clerk of the City of Menifee is authorized
and directed to cause this Ordinance to be published within fifteen (15) days after its
passage in a newspaper of general circulation and circulated within the City in accordance
with Government Code Section 36933(a) or,to cause this Ordinance to be published in the
manner required by law using the alternative summary and posting procedure authorized
under Government Code Section 36933(c).
This Ordinance was introduced and read on the 30th day JULY, 2014 and PASSED,
APPROVED AND ADOPTED THIS 20th day of August, 1
4.
Scott A. Mann, Mayor
Approved as to form:
J6Ke Hayward B gs, ttorney
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. 2014-142 to be the original ordinance adopted by
the City Council of the City of Menifee on August 20,2014 and that said Ordinance
was published in accordance with the law on a vote as follow:
Date: August 20, 2014
Kathy Bennett, City Clerk
Vote:
Ayes: August, Denver, Edgerton, Fuhrman, Mann
Noes:
Abstain:
Absent:
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