CargoContainersCCmtg8-22-22(klk)
CITY OF SIMI VALLEY
MEMORANDUM
A
ugust 22, 2022
TO
: City Council
F
ROM: Department of Environmental Services
S
UBJECT: REQUEST FOR DIRECTIO N ON POSSIBLE AMENDM ENTS TO
STANDARDS FOR PLACEM ENT OF CARGO CONTAIN ERS AND
OTHER METAL ACCESSORY STR UCTURES ON RESIDENTIAL
PROPERTIES
STAFF RECOMMENDATION
I
t is recommended that the City Council direct staff to initiate Zoning Code A mendments to modify standards for cargo containers in residential zones , and direct staff to review standards with the Planning Commission for metal accessory structures in residential zones.
BACKGROUND AND OVERVIEW
O
n June 13, 2022, the City Council requested staff to review the standards for cargo containers and their viabilit y to be used as residential accessory structures for storage. In addition, the community has expressed concern over the City’s policies against allowing metal accessory structures, including cargo containers, on residential lots. Staff is providing this report and requesting direction on whether to initiate Simi Valley Municipal Code (SVMC) Amendments and/or policy updates to establish specific standards to allow cargo containers and expand the allowance of metal accessory structures on residential lots.
Cargo Containers
C
argo containers ( otherwise referred to as , “sea containers, ” “Conex containers, ” “intermodal c ontainers,” “shipping containers ,” and “PODS”), are meant to link international and domestic products with consumers (See Figure 1) . They are not structures, nor are they currently allowed in the City as permanent accessory structures for residential uses. Research carried out by City staff shows that in recent years , containers have been re-purposed to serve as structures on private properties throughout the country (See Figure 2).
T
he City of Simi Valley defines a cargo container as “A box -shaped container that is no less than 35 square feet in floor area, constructed of metal, enclosed on all sides including AGENDA ITEM NO.
9A
CargoContainersCCmtg8-22-22(klk)
top and bottom, including those units originally designed and built to store cargo for shipping by boat, train or truck .” (See SVMC 9-80.) Containers range in size from 75 to 300 square feet (See Figure 3). PODS (“Portable On Demand Storage”) can be smaller, with the smallest measuring 56 square feet.
Figure 1 – Typical Cargo Container
Figure 2 – Examples of Cargo containers on residential properties in side and rear yards in other jurisdictions
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Note: Permitting status for these containers is unknown, but permanent placement of containers on residential lots not allowed.
Figure 3 – Standard 20’ and 40’ Cargo Container Dimensions
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Metal Accessory Structures
While metal structures are generally easy to construct and tend to be more affordable than traditional building materials (wood, timber, etc.), they are currently only allowed as barns in the City within overlay zones that permit animal -keeping, and not as other residential accessory structures pursuant to the City’s Residential Design Guidelines for Accessory Structures policies (Exhibit 1). Accessory structures are defined in the Simi Valley Municipal Code as , “[a]ny...structure that is customarily a par t of, and clearly incidental and secondary to, a residence, does not change the character of the residential use and is non-habitable space.” (See SVMC 9-80.020.) These include garages, carports, and storage sheds. The City allows for accessory structures with a ministerial Zoning Clearance (ZC), as long as the proposed structure meets the City’s required setbacks, lot coverage, height, and design standards.
Current Codes and Policies
Current City Code and policy does not allow permanent cargo containers and metal structures as residential accessory structures (except for barn structures in Animal Overlay zones) . The City’s Residential Design Guidelines (available for download at www.simivalley.org/designguidelines) p romote the common safety of homeowners, pedestrians, and drivers by adhering to all required safety guidelines and encourages stylistically appropriate finishes and detailing and similar roof materials for accessory structures. Additionally, the Residential Design Guidelines for Accessory Structures (Exhibit 1 , page 15 ) states that accessory structures over 120 square feet , including storage sheds, should be “architecturally compatible with the main house,” including matching façade materials and colors, matching roof materials and slope, and a slope no less than a 3:12 pitch. As such, this would disqualify most cargo containers and metal structures from being permitted as residential accessory structures.
The City currently allows for the temporary placement of cargo containers, up to 128 square feet (8 feet x 16 feet) with a Temporary Use Permit ( “TUP”) or valid and active building permit (See SVMC Section 9-52.080) on a residentially used lot. A Code update that was approved by the City Council on May 9, 2022, allows for the issuance of a TUP to place a cargo container on a residential lot for a period of 28 days for the purpose of moving goods and/or temporary storage.
Cargo containers are allowed on residential lots, when the primary use is a non-residential use, such as a church, synagogue, school, or hospital. In this instance, cargo containers shall be used only for the storage of supplies, equipment, or other materials incidental to the approved primary land use on the site. (See SVMC 9-44.070.)
FINDINGS AND ALTERNATIVES
Cargo Containers
Staff surveyed 18 surrounding jurisdictions on their rules and regulations for cargo containers (Attachment A, page 12). Table 1 breaks down how the surveyed jurisdictions deal with cargo containers.
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Table 1 – Cargo containers in various jurisdictions
Number of Jurisdictions Jurisdictions
Allowed without Modifications 6 - Ventura City
- Ventura County
- Santa Paula (Minor
Modification)1
- Lancaster
- Malibu
- Los Angeles County
Allowed with Modifications 3 - Thousand Oaks
- Santa Paula (Zoning
Clearance)2
- Santa Clarita
Allowed Temporarily 5 - Fillmore
- Santa Clarita
- San Fernando
- Calabasas
- Lancaster
Not Allowed 7 - Moorpark
- Oxnard
- Westlake Village
- Palmdale
- South Pasadena
- Agoura Hills
- Los Angeles City
Allowed Without Modifications to the Container
Of the jurisdictions that allow cargo containers without modifications to its design, the following standards apply:
1. Must follow the development standards of accessory structures (i.e. adhere to setbacks, height limitations and lot coverage).
2. Must be limited to one (1) container in the rear yard.
3. May not be a habitable structure.
4. Must obtain a building permit to make container a permanent structure.
5. In some jurisdictions such as Lancaster , unincorporated Ventura County and unincorporated Los Angeles County, cargo containers are permitted in rural or agricultural areas.
1 In Santa Paula, the Planning Department would require a Minor Modification entitlement to allow a cargo container without modifications on a residential lot.
2 In Santa Paula, the Planning Department would require a Zoning Clearance entitlement to allow a cargo container with modifications (i.e. façade and roof changes to match the main residence) on a residential lot. 5 CargoContainersCCmtg8-22-22(klk)
Allowed With Modifications to the Container
Of the three (3) cities that require modifications for approval of cargo containers (Santa Clarita, Thousand Oaks and Santa Paula), the cargo container needs to be redesigned to match the primary dwelling’s façade and roof, and meet setbacks. Santa Clarita and Thousand Oaks require a discretionary permit, while Santa Paula requires a Zoning Clearance. The following standards apply within these jurisdictions that allow cargo containers as storage sheds:
1. Containers shall be modified to match the main residence’s façade, roof materials and pitch.
2. Containers shall be screened from public view via proper setbacks, landscaping, fencing or decorative wall(s).
3. Containers shall meet the necessary setbacks and height standards for accessory structures.
4. Containers shall be made permanent in nature (i.e. requiring a foundation and structural improvements).
5. Containers shall only be used for storage or incidental uses allowed in the zone.
Below is a breakdown of potential advantages and disadvantages of allowing cargo containers on residential lots.
Advantages of Cargo Containers:
1. Easy to obtain and install . There is a growing list of prefabricated container suppliers that residents may choose from, making buying and installation of containers simple.
2. More cost effective than traditional structures . Because shipping containers are already built or require little assembly, they require fewer building materials and labor to construct, making cargo containers less costly than a traditional building and its construction.
3. Upcycling. As the containers are upcycled and repurposed, instead of turned to waste, this significantly reduces the need for construction materials like wood, brick, cement, which in recent years have become scarce.
Disadvantages of Cargo Containers:
1. Safety. Cargo containers are not traditional structures and are not meant to serve as accessory structures to residential uses. As cargo containers are traditionally used in industrial settings and for shipping goods, the building code does not address cargo containers as a use on residential properties . The changes to the cargo containers that may be required by the Building Code to make t hem “permanent” may damage the structure’s integrity, ultimately becoming a safety concern. Another safety concern of upcycling cargo containers are the materials they are originally constructed with. Because cargo containers are designed to transport goods, they are made of materials that are meant to withstand natural 6 CargoContainersCCmtg8-22-22(klk)
elements and are potentially toxic in nature. Remediation to make the container safe can be extensive and costly. Homeowners can be made generically aware of potential hazards but ultimately it is their responsibility to identify and abate any issues.
2. Screening. A typical cargo container is between eight to ten feet in height and under current code, they are required to be properly screened from public view.
In most locations, the City does not allow for perimeter fences and walls to exceed six (6) feet in height and with the required side yard and rear yard setbacks for non-habitable structures being three (3) feet from property lines, screening of cargo containers from neighbors’ views may be difficult to implement and enforce.
Further evaluation and consideration of different screening methods would be necessary.
3. Aesthetics. Pursuant to City policy (Exhibit 1), accessory structures on residential lots shall be architecturally compatible with the main residence, which requires matching roof materials and pitch, and matching facades. Containers, with their distinctive metal and box facades, are far from matching a traditional home in the City. This in turn would go against current City policy on residential accessory structure standards.
Potential Municipal Code Amendment and Policy Updates
If the City Council directs staff to initiate Municipal Code Amendments to allow cargo containers on single-family residential lots, the suggested changes could include the following:
1. A llow for the permanent placement of one (1) cargo container that is up to 120 square feet in size in the side or rear yard (generally 8 feet wide by 15 feet length).
Structures that are 120 square feet or under are exempt from requiring a Building Permit and would only require a Zoning Clearance.
2. A llow for the permanent placement of one (1) or more cargo containers totaling over 120 square feet but no larger than 300 square feet, in the rear yard with the issuance of a Zoning Clearance and Building Permit. This alternative would require meeting residential design standards to modify the structure to make it architecturally compatible with the main residence, as well as any modifications required for the structure to meet Building Code requirements. Staff would propose objective design standards to ensure compliance with design standards.
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3. Some potential standards may also include the following:
a. Limit permanent containers to residentially zoned properties of a certain size;
b. Limit height of cargo container to nine (9) feet;
c. Require cargo containers to be setback further than traditional storage sheds (e.g. five to ten feet instead of three (3) feet) to screen from public view;
d. Require certification from manufacturer that containers are non-toxic; e. Require same rear and side yard coverage standards as accessory structures;
f. Require that the container maintain a six (6) foot separation from all structures on site.
4. Potentially allow relaxed standards in Animal, Limited, and Horse Overlay Zoning Districts and on Open Space (OS), Residential Estate (RE), and Residential Very Low (RVL) zoned properties.
Metal Structures
Pursuant to the Residential Accessory Structure Design Guidelines (Exhibit 1), with the exception of barns on Animal Overlay properties, metal accessory structures are not permitted on residential lots. The guidelines require that accessory structures be architecturally compatible with the main residence, including roof pitch and façade finishing. As such, this would disqualify metal carports/RV ports, garages , and sheds from acceptable accessory structures on residential lots. Examples of metal structures the City has not approved are shown in Figure 4.
Staff surveyed surrounding jurisdictions for their rules and regulations on metal structures.
Table 2 shows a breakdown of the surrounding cities that allow metal structures and their standards.
Figure 4 - Examples of Metal Carports and Garages
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Table 2 – Metal Accessory Structures and jurisdictions
Jurisdictions Metal
Accessory
Structure
Allowed?
Standards
Santa Clarita Yes Accessory structures must be consistent with the colors and materials of the primary dwelling.
Thousand Oaks Yes Accessory structures must be consistent with the colors and materials of the primary dwelling.
Moorpark Yes No guidelines for metal accessory structures other than must comply with the Building Code. Structures within Planned Development areas may be more restricted.
Lancaster Yes Accessory structures must be painted to match existing dwelling.
City of Los
Angeles
Yes No guidelines for metal accessory structures other to comply with the Building Code.
Santa Paula Yes if under
120 square
feet
If accessory structure is over 120 square feet, no metal roof or sidings are allowed under a Zoning Clearance, otherwise a Modification is required.
Below is a breakdown of advantages and disadvantages for metal structure construction:
Advantages of Metal Structures:
1. Easy to install and obtain. Metal buildings are relatively easy to obtain and install.
Metal is easily fabricated and mass- produced, making it more economical and easier to obtain. Prefabricated metal buildings can save time and money for installation.
2. Eco- friendly. Metal is one of the most recycled materials and building with it reduces overall impacts on the environment. Per the Steel Recycling Institute (SRI), USA steel recycling rates are currently 92%. This in turn benefits the environment by reducing the need to use wood or other natural materials for construction.
Disadvantages of Metal Structures:
1. Corrosion. Metal is susceptible to corrosion and structural failures, if exposed to air and water and as such has costs associated with maintenance. However, there is the option of weathering metals (i.e. in stable design) that could help eliminate these costs.
2. Fireproofing Costs. Extra cost is required to properly fire proof a metal building.
3. Aesthetics. Pursuant to City policy, accessory structures on residential lots must be architecturally compatible with the main residence, which requires matching roof materials and pitch, and matching facades. Metal structures would require significant alterations to meet this requirement.
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With City Council direction, staff will provide a discussion item to the Planning Commission to explore metal building and design options for residential properties and the effectiveness of the R esidential Accessory S tructure Design Guidelines. With the results of the discussion item, staff would proceed with any necessary code amendments and/or policy updates.
The following alternatives are available to the City Council:
1. Direct staff to initiate Zoning Code Amendments to modify standards for cargo containers in residential zones;
2. Direct staff to review standards with the Planning Commission for metal accessory structures in residential zones;
3. Do not initiate Zoning Code or policy amendments at this time;
4. Provide other direction.
Staff recommends Alternative Nos. 1 and 2.
SUGGESTED CITY COUNCIL MOTION
I move that the City Council direct staff to initiate Zoning Code Amendments to modify standards for cargo containers in residential zones and direct staff to review standards with the Planning Commission for metal accessory structures in residential zones.
SUMMARY
On June 13, 2022, the City Council requested that Staff provide a review of the standards for cargo containers and their viability to be used as residential accessory structures for storage. In addition, the community has expressed concern over the City’s policies against allowing metal accessory structures on residential lots . The placement of cargo containers on a permanent basis on residential properties can have an adverse impact on the community unless standards are established to mitigate their appearance. Metal buildings in residential zones also could alter the visual appearance of a neighborhood, but newer designs could lessen visual impact. It is recommended that the City Council direct staff to initiate Zoning Code Amendments to modify standards for cargo containers in residential zones, and direct staff to review standards with the Planning Commission for metal accessory structures in residential zones.
____________________________________
Stratis Perros
Environmental Services Director
Prepared by: Zarui Chaparyan, Assistant Planner
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INDEX Page
Attachment A – Cargo Container Rules and Regulations in other Jurisdictions ............ 12 Exhibit 1 – City of Simi Valley Residential Design Guidelines for Accessory Structures Policy .......................................................................................... 15 11 ATTACHMENT A
CargoContainersCCmtg8-22-22(klk)
.................................................................................................
Agency Allowed? Standards Screening
Requirements?
Permit Required
Simi Valley Temporarily One 128 sq.ft. cargo containers may: Be allowed in conjunction with a valid Building Permit; provided, the containers are located on or immediately adjacent to the development site; or be allowed for the purpose of moving goods and/or temporary storage for 30 days. - Temporary Use Permit
Moorpark No - - -
Thousand Oaks Yes If applicant designs the storage container to look like the existing primary residence, will likely allow as an accessory structure.[1] If proposed structure is between 400-600 square feet, will go through the Precise Plan Design entitlement process.
Not allowed via Temporary Use Permit; only allowed if there is an active building permit for the property.
Precise Plan of Design
Ventura (City) Yes May be allowed if they are permanent in nature (i.e. with a foundation) and follow development standards (i.e. setbacks, heights[2]) No Zoning Clearance[3]
Ventura
(County)
Yes Up to 2,000 square feet of Gross Floor Area for accessory structures and must meet development standards such as height, setbacks and building coverage.
Zoning Clearance (Non -Coastal
Zones);
Coastal Development Permit
(Coastal Zones)
Oxnard No - - -
Fillmore Temporarily Ch. 6.04.6810 of Fillmore MC
Following will be allowed with a minor CUP:
- A temporary on- and off-site contractors' construction yard (i.e. containers) with an approved development project and for the length of construction of the project;
- Enclosed temporary storage may be approved for a max. of 6 months.
- Minor Conditional Use Permit
(discretionary)
Santa Paula Yes If under 120 sq. ft., no Planning review required. If over 120 sq.ft., no metal roof or sidings allowed for ZC; otherwise requires a minor modification.
Yes Minor Modification to keep
container as is (discretionary);
Zoning Clearance to modify
container
Westlake
Village[4]
No - - -
Santa Clarita Yes and
Temporarily
The use of metal storage containers is prohibited in residential zones, unless they meet the design standards of Section 17.57.040 (i.e. architectural design of main residence)[5]
Yes Minor Use Permit (discretionary)
Palmdale No - - -
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San Fernando Temporarily - - -
South Pasadena No - - -
Calabasas Temporarily Ch. 17.12.220 of Calabasas MC:
- No more than one container per property.
- The container must be no larger than 8 feet wide, 16 feet long and 8 feet high.
- The container must not remain at a property in excess of 15 consecutive days, and must not be placed at any one property in a zoning district in excess of thirty 30 days in any calendar year, except as allowed under Subsection I below.
- Container must be set back a min. of 5 feet from all property lines and nearest wall of building.
- The container must be placed on an asphalt/concrete surface. - The container must be in good repair and remain free of graffiti at all times.
- Storage containers associated with the construction at a site where a building permit has been issued and the site is currently vacant are permitted for the duration of construction and shall be removed from the site within 14 days of the end of construction. Exempt from A-G. - Temporary Use Permit
Agoura Hills No - - -
Lancaster Temporarily
(R and RR
Zone)
- Storage of building materials for temporary construction. Storage shall not occur until the building permit is obtained. Storage shall be removed within 30 days after the permit is expired, revoked, or finalized.
- Emergency storage of household materials due to disaster circumstance. Cargo containers may be used for emergency household storage for a period of 15 days. This use may be extended for 10 days upon the prior written approval of the department directors. - Storage of household materials used for relocation. Cargo containers may be used for relocation storage for a period of 15 days. This use may be extended for 10 days upon the prior written approval of the department directors of planning and housing and neighborhood revitalization. May be placed on driveways.
- Container Permit
Lancaster Yes (RR -2.5
and RR -1
zone)
Sec. 17.08.170 of Lancaster MC:
Cargo containers may be used as accessory buildings or structures in the RR-2.5 and RR-1 zones, subject to the following:
- Containers to be located in the rear of the main building; - Containers shall only be used for incidental uses that are allowed in the zone; Containers shall not be used for commercial purposes; - Containers shall not be closer than 50 feet to any property line; No[6] Container Permit
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- Containers shall not be stacked on top of each other or on any other structure;
- Containers shall not encroach upon, block, obstruct, or reduce any required exits, windows or vent shafts of structures, parking spaces, driveways, streets, or public rights of way;
- Containers shall not be used for human habitation/occupied by individuals for any reason;
- Containers shall not have electrical, plumbing, heating, air conditioning installations or systems, and shall not be connected to a power source;
9.Containers shall not be unsightly, graffitied, or damaged;
10.Refuse, garbage, trash and debris, and hazardous substances shall not be placed/stored in, against, on, or under a container at any time;
11.Containers shall require a container permit. The number and location of cargo containers used as accessory buildings or structures in the RR-2.5 and RR-1 zones shall be subject to the review.
Malibu Yes Permitted as an accessory structure and counted towards Total Development Square Footage (TDSF)
- Administrative Plan Review
Los Angeles City No - - -
Los Angeles
County
Yes Limited to One (1) container in the A-1, A-2, RA, R1, R2, R3, and R4 zones OR as specified in the Community Standards District Site Plan Review (Ministerial)
[1] Structure may not exceed 15’ in height
[2] Structure may not exceed 14’ in height and must be one story [3] Depending on the location, may need a Coastal Development Review and/or Design Review [4] Per City’s Planning staff, residential zones are overseen by HOAs. Majority of HOAs do not allow the containers in driveways per CCRs. They are a complaint based City and have not received complaints about containers in rear yards as of yet. [5] Applicant shall demonstrate that the cargo container looks like the house and has similar roof pitch to house, blends in with neighborhood characteristics. [6] Containers shall not be closer than fifty (50) feet to any property line; Containers shall not be unsightly, graffitied, or damaged. 14 EXHIBIT 1
Rev. 8/18/2020
Simi Valley Residential Design Guidelines
for Accessory Structures (Updated 8/18/2020)
To ensure consistency with the Simi Valley Residential Design Guidelines, the following has been established for residential accessory structures:
1. Accessory detached structures larger than 120 square feet, including garages, carports, gazebos, utility or storage buildings, guesthouses, and second dwelling units, should be architecturally compatible with the main house as follows:
a. The materials and colors of an access ory structure should be the same or coordinate with the main house, such as the compatible use of stucco, wood, brick, and stone;
b. The slope of the roof should be similar to the main house. However, the slope shall not be less than a 3:12 pitch; and
c. The roof materials and colors shall be the same as the main house.
2. Accessory structures are to remain subordinate to the main residential structure.
Therefore, an accessory structure is to be limited in size to a maximum of 30 percent of the main structure o r 1,200 square feet, whichever is less. However, more than one accessory structure is permitted provided a six- foot separation is maintained between all on-site structures and no more than 40% of a required yard setback shall be covered by accessory structures.
3. In Horse, Limited Animal, and Animal Overlay Zones, accessory structures for equestrian and other farm animals, such as barns and stables, may be constructed of materials that are appropriate for such use including textured metal panels with metal trim, for the roof as well as the walls (refer to Exhibit 1). These types of equestrian buildings are architecturally more compatible with residential structures, which include the use of roof overhangs. Structures to be used primarily to house equestrian and other farm animals are limited to 2,0 00 square feet. Quonset Hut type metal buildings, which are generally more appropriate for agricultural and industrial applications, are not acceptable (refer to Exhibit 2).
Note that canopies and tent structures are considered temporary in nature for which a Zoning Clearance is not issued. However, the structures are subject to the required property setback requirements for accessory structures, and do not satisfy the requirement for covered parking.
It is important to check with your homeowners’ association, if any, to ensure your proposal is in compliance with the Covenants, Conditions, and Restrictions (CC&Rs). In addition, your title will disclose any deed restrictions or easements, including but not limited to gas, water, sewer, electric, or access easements that have been recorded by the County Clerk and Recorder.
The issuance of permits and/or approvals by the City does not relieve the permittee of any responsibilities for complying with the above requirements. 15 Rev. 8/18/2020
Exhibit 1
Examples of acceptable residential structures used to house equestrian and other farm animals
16 Rev. 8/18/2020
Exhibit 2
Examples of unacceptable residential accessory structures
17