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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.