PC14-171PLANNING RESOLUTION NO. 14-171
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA, RECOMMENDING THAT THE CITY COUINCIL
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 for the allowance of Metal Shipping Containers as
storage devices upon residentially designated properties was considered and discussed; and
Whereas, the Mayor appointed an Ad Hoc committee consisting of two (2) seated Council
members to review the City's current standards and criteria for the allowance of Metal Shipping
Containers as storage devices upon residentially designated properties within the City of Menifee,
which Ad Hoc committee forwarded its recommendation to the Planning Commission for its
consideration and action; and
Whereas, on March 28, 2014, a Municipal Code Amendment byway of DCA 2014-80 was
publicly noticed within The Press Enterprise, a newspaper of general circulation, of a public
hearing before the City of Menifee Planning Commission scheduled for April 8, 2014; and
Whereas, at the April 8, 2014 Planning Commission public hearing, the Commission
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
Commissioners, the Commission continued the open public hearing to May 13, 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, on April 8, 2014, and continuing at the Commission's May 13, 2014 regularly
scheduled meeting, the Planning Commission held a duly noticed public hearing on the
recommended Notice of Exemption and proposed Code Amendment by way of DCA 2014-80,
considered all public testimony as well as all materials in the staff report and accompanying
documents repealing 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 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), illustrate to the Commission that
the proposed Code Amendment by way of DCA 2014-80 is consistent with, conforms to and fulfills
the Goals and Policies of the adopted General Plan as listed above.
Now, therefore, the City of Menifee Planning Commission recommends the following:
Section 1. That the City Council find, for the reasons detailed upon that Notice of
Exemption, that the proposed Code Amendment 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 is 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.
Section 4. 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.
Sections:
9.16.010 Intent
9.16.020 Metal Shipping Container Defined
9.16.030 In Place Metal Shipping Containers
9.16.040 Standards For Existing Metal Shipping Containers
9.16.050 Metal Shipping Container Location Standards
9.16.060 Metal Shipping Container Registration
9.16.070 Metal Shipping Container Permit
9.16.080 Findings Required For Issuance Of Permit
9.16.090 Existing Non -Permitted Metal Shipping Containers
9.16.100 Removal Of All Existing Metal Containers Other Than Metal Shipping
Containers
9.16.010 INTENT. The City Council has enacted the following provisions to control the use of
metal storage containers upon residentially designated properties within the City to preserve and
protect the aesthetic appearance of the community, property values and the public health, safety
and 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.
9.16.030 IN PLACE METAL SHIPPING CONTAINERS. A residential property owner or
individual in control of a residential property with a container(s) in place thirty (30) days prior to
the effective date of this ordinance shall have one year from the effective date to apply for and
obtain a no fee Metal Shipping Container Registration or remove the container(s) from the
residential property. Any Metal Shipping Container(s) in place on the effective date of this
ordinance for which the property owner or individual in control of a property fails to obtain a Metal
Shipping Container Registration within one of the effective date shall be subject to the standards
and requirements of this ordinance as if the in place container(s) were a newly requested
container (i.e., a new Shipping Container Permit shall be required for such container{s) to remain
in place). Upon the effective date of this ordinance, no new or previously owned metal shipping
container(s) shall be installed on any residential property within the City without first obtaining a
Metal Shipping Container Permit.
No Metal Shipping Container Registration shall be issued on or after one year from the effective
date of this ordinance and all containers not having a valid Registration or Permit shall be removed
by the same date.
9.16.040 STANDARDS FOR EXISITING METAL SHIPPING CONTAINERS. The following
placement and use standards shall apply to all metal shipping containers in place upon residential
designated property 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. A Metal Shipping Container Registration shall be transferable upon the sale or
transfer of property ownership. A Metal Shipping Container Permit shall not be
transferable, however a new Metal Shipping Container Permit may be obtained
following the transfer of property ownership by a new property owner in
conformance to the requirements of this Chapter.
D. Metal shipping containers may not be used in conjunction with a Home
Occupation.
E. Without regard to any other provision of this Chapter, any metal shipping container
in place at the time of adoption of this chapter may only remain in place so long as
it is maintained in good condition as defined herein and meets all health and safety
standards in effect in the City.
9.16.050 METAL SHIPPING CONTAINER LOCATION STANDARDS. The following placement
and use standards shall apply to all metal shipping containers subject to approval of a Container
Permit placed upon residential property within the City of Menifee:
A. No Metal Shipping Container Permit shall be issued to allow a container upon a
residential property of less than one (1) acre in size. For properties of one (1) to
2.49 acres, a maximum of one (1) new or previously owned shipping container
(with maximum dimensions of 8X8X40 feet) shall be allowed upon a recorded lot
with a residential land use designation upon approval of a Metal Shipping
Container Permit. For properties of 2.5 acres or more, a maximum of two (2) new
or previously owned shipping containers (with maximum dimensions of 8X8X40
feet each) shall be allowed upon a recorded lot with a residential land use
designation upon approval of a Metal Shipping Container Permit. Said
container(s), and approved screening, shall not be allowed to be moved, modified
or incorporated into an accessory structure without first receiving City approval.
B. A Metal Shipping Container Permit shall not be issued for a property with a City
issued Metal Shipping Container Registration if that Permit would allow a total of
more than one (1) container upon a property between one (1) and 2.49 acres in
size or a total of more than two (2) containers on a property of 2.5 acres or more
in size.
C. An approved metal shipping container may not be located within any required
setback area, nor within the area in front of the leading edge of the home upon
the residential property, or within any required parking space.
D. Each 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 residence shall
also be screened from view. Screening shall consist of the use of screening
materials including view obscuring oblique fencing (seven {7} 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. Approved metal shipping containers shall not be connected to any utilities, nor
used for any form of human or animal habitation, or be used in connection with
any Home Occupation.
F. 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.
G. All Registered or new/previously owned Permitted Metal Shipping Container(s)
must remain in "good condition"; meaning free of obvious deterioration, all exterior
surface areas painted, with not more than a collective total of one square foot of
rust patches or visible dents (three {3} or more inches deep), and with all moving
parts functioning properly.
H. Shipping containers located upon property designated as residential, but
occupied by a legally established, City recognized nonconforming commercial or
industrial land use shall be subject to the standards and limitations for the use of
Metal Shipping Containers as established for the corresponding commercial
and/or industrial zoning district.
9.16.060 METAL SHIPPING CONTAINER REGISTRATION. To establish and recognize the
nonconforming status of all metal shipping containers in place upon residentially designated
properties in the City of Menifee thirty (30) days prior to the effective date of this ordinance shall
require a Metal Shipping Container Registration issued by the Community Development Director
as follows.
A. PROCEDURES FOR ISSUANCE OF REGISTRATION.
(1) Application and fee. Applications for a metal shipping container registration
shall be made to the Community Development Department on forms provided
for that purpose. Forms shall include the name, address and signature of the
applicant, the property location (including an Assessor Parcel Number {APN}),
a description of the proposed use of the container, how the container(s) shall
be screened (if required) and a site plan. If the applicant is not the property
owner, the application shall require a signature from the property owner. The
application will not be processed until the Community Development Director
deems it complete and all applicable fees have been paid. The applicant is
responsible for the submission of all information necessary to allow the
Community Development Director to make a determination regarding the
metal shipping container registration. The application shall be a "No Fee
Submission" until and unless a subsequent processing fee is established by
City Council Resolution.
B. AMENDMENT. A metal shipping container registration may be amended using
the provisions of this section, provided such amendment is in conformance to all
requirements of this Chapter.
C. TRANSFERABILITY. A Metal Shipping Container Registration shall be
transferable upon the sale or transfer of ownership of the land upon which the
container is placed provided the container conforms to the requirements of the
registration. The Metal Shipping Container Registration shall state upon said
registration that it is the registrant's responsibility to inform any future property
buyer/owner that the Approved Metal Shipping Container Registration must be
transferred into their name.
D. SUSPENSION AND/OR REVOCATION. Any registration may be suspended,
effective immediately upon notification by the Community Development Director,
pending an investigation that said registration was obtained by fraud,
misrepresentation or nonconformance to the requirements of this Chapter. If the
Director's investigation finds that said registration was obtained by fraud,
misrepresentation or nonconformance to the requirements of this Chapter, said
registration shall be immediately revoked.
9.16.070 METAL SHIPPING CONTAINER PERMIT. All requests for the placement of new or
previously owned metal shipping containers placed upon residentially designated properties must
conform to the requirements of Section 9.16.050 "Metal Shipping Container Location Standards"
and shall require a Metal Shipping Container Permit issued by the Community Development
Director as follows.
A. PROCEDURES FOR ISSUANCE OF PERMIT.
(1) Application and fee. Applications for a new Metal Shipping Container
Permit shall be made to the Community Development Department on forms
provided for that purpose. Forms shall include the name, address and
signature of the applicant, the property location (including an Assessor
Parcel Number {APN}), a description of the proposed use of the container,
how the container(s) shall be screened (if required) and a site plan. If the
applicant is not the property owner, the application shall require a signature
from the property owner. The application will not be processed until the
Community Development Director deems it complete and all applicable
fees have been paid. The applicant is responsible for the submission of all
information necessary to allow the Community Development Director to
make a determination regarding the Metal Shipping Container Permit. The
application shall be accompanied by a processing fee of $75 until a
subsequent fee is established by Council Resolution.
(2) Time of application. The application should be submitted at least sixty (60)
days in advance of the date intended for placement of the container. The
applicant is responsible for submitting an application in a manner which
allows sufficient time for processing, noticing (if necessary) and an appeal
of an adverse decision.
B. AMENDMENT. A new Metal Shipping Container permit may be amended using
the provisions of this section.
C. TRANSFERABILITY. A Metal Shipping Container Permit shall be transferable
upon the sale or transfer of ownership of the land upon which the container is
placed provided the container conforms to the requirements of the permit. The
Metal Shipping Container permit shall state upon said permit that it is the
permitee's responsibility to inform any future property buyer/owner that the
Approved Metal Shipping Container Permit must be transferred into their name.
No permit shall be transferable to another location.
D. SUSPENSION AND/OR REVOCATION. Any permit may be suspended, effective
immediately upon notification by the Community Development Director, pending
an investigation that said permit was obtained by fraud, misrepresentation or
nonconformance to the requirements of this Chapter. If the Director's investigation
finds that said permit was obtained by fraud, misrepresentation or nonconformance
to the requirements of this Chapter, said registration shall be immediately revoked.
9.16.080 FINDINGS REQUIRED FOR ISSUANCE OF PERMIT. The Community Development
Director shall issue a metal shipping container permit if all of the following findings shall be made:
A. The proposed location and condition of the metal shipping container(s) conforms in
all ways to the standards set forth herein; and
B. There are no other existing violations of the Menifee Municipal Code on the
property.
9.16.090 EXISTING NON -PERMITTED METAL SHIPPING CONTAINERS. All existing metal
shipping containers in place upon residentially designated properties in the City of Menifee thirty
(30) days prior to the effective date of this amendment are hereby ratified and allowed to remain
in their present location with approval of a Metal Shipping Container Registration. Proof of such
existence shall be in the form of one or more of the following: dated pictorial evidence; dated
delivery or installation receipt for said container; affidavit of abutting or surrounding property
owner; or other evidence as accepted by the Planning Commission.
9.16.100 REMOVAL OF ALL EXISTING METAL CONTAINERS OTHER THAN METAL
SHIPPING CONTAINERS. All metal containers other than Metal Shipping Containers, including
without limitation railroad cars, cabooses, semi -trailers, or other units which slide off a chassis
or frame including a body, box or unit which is removed from a chassis, that exist at the time of
adoption of this Chapter 9.16 "Metal Shipping Containers as Accessory Storage Facilities" shall
be removed from all residential property no later than June 1, 2015."
Section 5. Notice of Adoption. The City Clerk of the City of Menifee shall certify to the
adoption of this Resolution.
Section 6. Effective Date. This Resolution shall become effective upon its adoption.
Section 7. Severability. If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications and, to this end, the provisions of this Resolution are declared to be severable.
APPROVED AND ADOPTED THIS 13th DAY OF MAY, 2014.
AYES: COMMISSIONERS: Liesemeyer, Sobek,
NOES: COMMISSIONERS: Matelko, Phillips
ABSENT: COMMISSIONERS: None
Approved as to form:
N, W, , I r- M- ffii"M- Maw�
-•• n"UUM,s*,
ATTEST:
Jen ' er A en, Planning Commission Secretary
Thomas
I hereby certify that the foregoing is a true copy of Resolution No. 14-171 duly adopted by the
Planning Commission of the City of Menifee in a meeting held on the 131h day of May, 2014, in
Menifee, California.
Dated this 13th day of May, 2014.