2018-246 Intirum Ordinance Land Use ORDINANCE NO. 2018-246
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, AMENDING SECTION 18.8 "NONCONFORMING STRUCTURES
AND USES" OF RIVERSIDE COUNTY LAND USE ORDINANCE NO. 348 AS
ADOPTED BY THE CITY TO ALLOW THE REESTABLISHMENT OF PAST
USES, AND THE REPLACEMENT, REPAIR, OR MAINTENANCE OF
PROPERTY IN CONNECTION THEREWITH; DECLARING THE URGENCY
THEREOF; AND FINDING THIS INTERIM ORDINANCE EXEMPT FROM
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CEQA
GUIDELINES SECTION 15061(b)(3)
THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Menifee does hereby find, determine and
declare as follows:
A. The City of Menifee ("City") incorporated in 2008, and upon its incorporation,
adopted Riverside County Land Use Ordinance No. 348 ("Ordinance No. 348") as the applicable
land use code for the City, pending completion of the City's own General Plan and Zoning Code.
Section 18.8 of Ordinance No. 348, as adopted by the City of Menifee, sets forth the City's rules
and regulations pertaining to nonconforming uses and structures. Currently, Section 18.8 provides
that a use or structure will not be considered a valid nonconforming use where (i) an applicant
wishes to either reestablish a past permitted use or to replace, repair, or maintain a property
whereon a valid use previously existed, and (ii) the existing circumstances will not allow for the
establishment of any other use that is consistent with the land use designations and regulations
for the subject property.
B. The economic recession beginning in 2008 severely and negatively impacted
property owners in the City of Menifee and continues to impair the ability of property owners to
make continuous use of their properties. The economy of the City and the surrounding areas is
strengthened by strong, vibrant and well-planned development and use of property. This Interim
Ordinance will allow the residents and business owners of the City to reestablish, replace, or
repair a past legally permitted use when (i) that use ceased as a result of the recession (or
otherwise), and (ii)the existing circumstances will not allow for the establishment of any other use
that is consistent with the land use designations and regulations for the subject property, until
such time that a permanent ordinance can be completed and considered by the Planning
Commission and City Council. Absent this Interim Ordinance, the residents and business owners
of the City may be deprived of the ability to use their property in a manner that would otherwise
comply with the land use designations and regulations applicable to their property. These impacts
are being felt in the City currently, with no adequate mechanism in the Municipal Code to alleviate
these issues.
C. In order to preserve the substantial efforts of property owners to reinvigorate and
revitalize uses and structures on their properties, and to address the residential and economic
needs of the community, staff will study mechanisms for addressing these needs. The suggested
changes could potentially include permanently allowing residents to reestablish past permitted
uses and structures and/or to ensure that time and opportunity exists for an orderly transition from
historic uses of properties to uses that conform with the City's land use vision as expressed
through the General Plan and Zoning Code.
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Section 2. Municipal Code Amendments. The City Council of the City of Menifee hereby
amends Chapter 18.8 "Nonconforming Structures And Uses" of the Riverside County Land Use
Ordinance No. 348, as adopted by the City, to read as follows (deletions are shown in strike-
through, and additions shown in double-underlining):
SECTION 18.8. NONCONFORMING STRUCTURES AND USES.
The following provisions shall apply to all nonconforming structures and
uses:
a. Any nonconforming structure or use may be 1W continued and
maintained for the periods of time hereinafter set forth, provided there are
no structural alterations except as hereinafter allowed, or(2) reestablished,
repaired, or replaced upon the demonstration that without
reestablishment, repair, or replacement there are no economically viable
uses available to a property owner that are consistent with then-existing
and use designations and regulations. Agricultural crops are not subject
to the provisions of this section; agricultural uses that involve permanent
structures are subject to this section, however such uses shall be permitted
to make any changes or improvements that are required by any County or
State law, including structural alterations that are necessary as a part
thereof.
b. VERIFICATION OF NONCONFORMING STRUCTURE OR USE.
When it is necessary to obtain from the SeURty CAy a written verification of
the nonconforming status of a structure or use the following procedure shall
apply:
(1) APPLICATION. Every application for a determination of
nonconforming use status shall be made in writing to the Planning Director
on the forms provided by the Planning Department, shall be accompanied
by the filing fee as set forth in County Ordinance No. 671, and shall include
the following information:
a) Name, address and phone number of applicant [or representative] and
the property owner.
b) Assessor's Parcel Number of premises involved.
c) A site plan drawn in sufficient detail to clearly describe the following:
1. Physical dimensions of property.
2. Location and dimensions of all existing structures.
3. Setback dimensions.
4. Location and dimensions of all driveways, parking areas,
landscape areas, fences, and walls.
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5. Location and dimensions of all adjacent roadways showing
location of street centerline and all existing improvements such as
sidewalks, curbs, gutters, or curb cuts.
d) Panoramic photographs showing all sides of the on-site property, and
adjacent off-site properties.
e) Current zoning (with change of zone case number) and date it was
adopted and became effective.
D Prior zoning designation.
g) Written statement of justification for the nonconforming subject use of
the property.
h) Supporting documentation showing that the site has been M1 in
continuous use, or (2) that a past use has been reestablished, repaired or
replaced, or is intended to be reestablished repaired or replaced where
he inability to reestablish, repair, or replace the past use would result i
ere being no economically viable use of the property that is otherwise
consistent with applicable land use designations and regulations.
Documentation may include, but is not limited to: bills of sale, bills of lading,
utility bills, property tax records, Board of Equalization records,
Employment Development Department records, fictitious business
statement, Articles of Incorporation, canceled business checks, sales
receipts, Rental or lease agreements, or licenses.
i) Such other information as determined necessary by the Planning
Department.
(2) REVIEW AND NOTICE OF DECISION. Not less than 30 days from
acceptance of an application as complete, the Planning Department shall
verify the current zoning and supporting documentation. If the
nonconforming use or structure is substantiated, the Planning Department
shall complete a "Certificate of Nonconforming Use"which shall include the
following information: Assessor's Parcel Number, situs address, nature of
nonconforming use, expiration date, and such other information as deemed
appropriate. If the subject use or structure is not able to be substantiated
the Planning Department shall prepare a letter of denial of the
nonconforming use to include the following information: Assessor's Parcel
Number, nature of nonconforming use, and justification for the denial of the
request.
c. A nonconforming structure or use may be maintained for the following
periods of time:
(1) Where the property is unimproved: 1 year.
(2) Where the only improvements are structures, the replacement of
which would not require a building permit 3 years.
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(3) Outdoor advertising: 5 years.
(4) General commercial uses, such as those primarily permitted in C
Zones: 1 year.
(5) General manufacturing uses, such as those primarily permitted in M
Zones: 40 years.
(6) Kennels and catteries: 20 years
Provided, however, that the nonconforming right shall be lost upon a
transfer of ownership which occurs five years or more after the building or
use becomes nonconforming.
(7) Commercial agricultural operations:
a) Dairy farms: 30 years.
b) Goat, sheep and other small animal farms: 10 years.
c) Hog ranches: 10 years.
d) Horse ranches: 20 years.
e) Menageries: 5 years.
f) Pen fed cattle operations: 30 years.
g) Poultry: 20 years.
h) Rabbits: 10 years.
(8) Noncommercial agricultural operations:
a) Goats, sheep and other small animals: 3 years.
b) Hogs: 3 years.
c) Horses and cattle: 3 years.
d) Menageries: 3 years.
e) Poultry: 3 years.
f) Rabbits: 3 years.
g) Crowing fowl: 18 months
d. EXTENSION OF AMORTIZATION PERIOD. Whenever a commercial
or industrial structure or use has exceeded the time periods specified in
Section 18.8c of this ordinance an extension to a time certain may be
granted. The total time allowed for the extension shall not exceed ten years.
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The following procedure shall apply to all applications for approval of
Nonconforming Use Extensions for commercial or industrial uses only.
(1) APPLICATION. Every application for a Nonconforming Use Extension
shall be made in writing on the forms provided by the Planning Department,
shall be accompanied by the filing fee as set forth in Ordinance No. 671,
and shall include the following information:
a) Name, address and phone number of applicant [or representative] and
the property owner.
b) Assessor's Parcel Number of premises involved.
c) A site plan drawn in sufficient detail to clearly describe the following:
1. Physical dimensions of property.
2. Location and dimensions of all existing structures.
3. Setback dimensions.
4. Location and dimensions of all driveways, parking areas,
landscape areas, fences, and walls.
5. Location and dimensions of all adjacent roadways showing
location of street centerline and all existing improvements such as
sidewalks, curbs, gutters, or curb cuts.
d) Panoramic photographs showing all sides of the on-site property and
improvements as well as adjacent off-site properties.
e) Current zoning [with change of zone case number] and date it was
adopted and became effective.
f) Prior zoning designation.
g) Written statement of justification for continued nonconforming use of
the property.
h) Supporting documentation showing that the site has been W1 in
continuous use, or (2) that a past use has been reestablished, repair d or
aced, or is intended to be reestablished, repaired or replaced, where
he inability to reestablish repair, or replace the past use would result in
there being no economically viable use of the property that is otherwise
consistent with applicable land use designations and regulations.
Documentation may include, but is not limited to: bills of sale, bills of lading,
utility bills, property tax records, Board of Equalization records,
Employment Development Department records, fictitious business
statement, Articles of Incorporation, canceled business checks, sales
receipts, rental or lease agreements, or licenses.
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i) Such other information as determined necessary by the Planning
Department.
(2) PUBLIC HEARING. A public hearing shall be held on the application
for a Nonconforming Use Extension in accordance with the provisions of
Section 18.26 and all the procedural requirements and rights of appeal as
set forth therein shall govern the hearing.
(3) CONDITIONS. A Nonconforming Use Extension shall not be granted
unless the applicant demonstrates that the proposed use will not be
detrimental to the health, safety, or general welfare of the community. Any
extension that is granted shall be subject to such conditions as shall be
necessary to protect the health, safety, or general welfare of the
community.
e. EXPANSION OF NONCONFORMING USE. The total square footage
of an existing nonconforming structure or use, eXGluding ;;,obileh-,nom
may be expanded a maximum of 25 percent on the same parcel of land
from the time the use was deemed nonconforming. Such expansion shall
require issuance of a building permit only and shall not extend the period
of nonconforming time in which the use must be eliminated.
f. Any part of a structure or land occupied by a nonconforming use which
is changed to or replaced by a use that conforms to the provisions of this
ordinance as they apply to the particular zone shall not thereafter be used
or occupied by a nonconforming use.
criy is iSGentinued f9F-6ne—yea'F 6{—m 9fe, shall thereafter he use
Genformity with the provisiens of this GrdinanGe and the nonGenfoi:
right shall he lest
.q=h. Any structure for which a permit has been legally issued, and on
which substantial construction has been performed on the site before an
amendment to the ordinance making the use nonconforming, may
nevertheless be continued and completed in accordance with the plans and
specifications upon which the permit was issued.
b i. The provisions of this section shall not prevent the reconstruction,
repairing, rebuilding, or replacement and continued use of any
nonconforming structure that is damaged by fire, explosion or acts of God;
provided, however, any such rebuilding, reconstruction, or repairing shall
not extend the period of nonconforming time in which the use must be
eliminated.
Lj. Whenever dwelling units in an area are zoned, as part of a senior
citizen development, for permanent occupancy only by persons above a
minimum age, any person below the minimum age requirement residing in
a dwelling unit in the area at the time the zone classification becomes
effective is not subject to the age restriction and may continue residency in
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the dwelling unit for an unlimited period of time. The right to continue such
occupancy is not transferable to any other person.
j=k. The provisions of this section apply to structures and uses which
become nonconforming by reason of the adoption of this ordinance or any
amendment thereof, as of the effective date of such adoption or
amendment. No use shall be deemed to have become nonconforming by
virtue of decreased lot size resulting solely from the acquisition of any
portion of the lot for public road or storm or drainage channel purposes or
the adoption of any specific plan for such purpose.
Section 3. Urgency Findings. The City Council finds and determines that the immediate
preservation of the public peace, health or safety requires that this Interim Ordinance be enacted
as an urgency ordinance pursuant to Government Code Sections 36934 and 36937 and take
effect immediately upon adoption.
A. As described in Section 1 of this Interim Ordinance, the economic recession
beginning in 2008 severely and negatively impacted property owners in the City of Menifee and
continues to impair the ability of property owners to make continuous use of their properties. The
economy of the City and the surrounding areas is strengthened by strong, vibrant and well-
planned development and use of property. This Interim Ordinance will allow the residents and
business owners of the City to reestablish, replace, or repair a past permitted use when (i) that
use ceased as a result of the recession (or otherwise), and (ii) the existing circumstances will not
allow for the establishment of any other use that is consistent with the land use designations and
regulations for the subject property, until such time that a permanent ordinance can be completed
and considered by the Planning Commission and City Council. Absent this Interim Ordinance,
the residents and business owners of the City may be deprived of the ability to use their property
in the manner they have historically used it, or any other economically viable use. These impacts
are being felt in the City currently, with no adequate mechanism in the Municipal Code to alleviate
these issues. In order to preserve the substantial efforts of property owners reinvigorate and
revitalize uses and structures on their properties, and based on the extensive reviews of those
projects by the City staff, the City Council finds it necessary to adopt an interim regulation that
both respects property rights and protects the public health, safety and general welfare.
B. For the reasons specified in Sections 1 and 3 of this Interim Ordinance and all the
evidence in the record, the City Council finds that there is a current and immediate threat to the
public health, safety and welfare caused by the inability of residents and business owners to
reestablish past permitted uses that may have ceased as a result of the recession (or otherwise),
and to replace, repair, or maintain a property whereon a valid use previously existed within the
City. Therefore, this Interim Ordinance is necessary for the immediate preservation of the public
peace, health, safety and welfare and its urgency is hereby declared.
Section 4. CEQA Finding. The City Council hereby finds that it can be seen with certainty
that there is no possibility that the adoption and implementation of this Interim Ordinance may
have a significant effect on the environment. This Interim Ordinance does not authorize
construction. This Interim Ordinance is a procedural change to nonconforming uses already
existing, or previously existing within the City. This Interim Ordinance is therefore exempt from
the environmental review requirements of the California Environmental Quality Act pursuant to
Section 15061(b)(3) of Title 14 of the California Code of Regulations.
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Section 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this Ordinance is, for any 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 hereby declares that it would have adopted this
Ordinance, and each section, subsection subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 6. Effective Date. This Interim Ordinance is declared to be an urgency ordinance by
authority conferred on the City Council of the City of Menifee by Government Code Section
36937(b), and shall be in full force and effect immediately upon its adoption by a four-fifths vote
of the City Council.
PASSED, APPROVED AND ADOPTED this 15'"day of August, 2018.
Bill Zimm ,D/Mayor
ATTEST:
J
Sa ah A. Man aring, C' yCI c
APPROVED AS TO FORM:
J . Melching, t Attorney
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GNTY
MENIFEE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing
Interim Ordinance No. 2018-246 was duly adopted by the City Council of the City of Menifee at
a meeting thereof held on the 15th of August, 2018 by the following vote:
Ayes: August, Denver, Liesemeyer, Sobek, Zimmerman
Noes: None
Absent: None
Abstain: None
Sa h A. Manwaring, City Clerk