Supervisors approve county cargo
container ordinance

By Joe Naiman
The Alpine Sun

     The San Diego County Board of Supervisors approved an ordinance regulating the use of sea cargo containers.
     The 4-1 vote, with Supervisor Bill Horn in opposition, approves a total ban in historic districts other than temporary construction and a grace period for existing legal containers, color blending requirements, and adherence to setback and total accessory structure requirements along with restrictions on lots two acres or less where residential use is the primary use.
     "It looks like what's before us, with a little bit of tweaking, is a reasonable compromise," said Supervisor Dianne Jacob. "I do think that this ordinance is as good as we can get at this point in time."
     The supervisors and the county's Department of Planning and Land Use (DPLU) plan to return the ordinance to the supervisors for review after one year, which would allow for amendments if needed. Containers that have been legally permitted, but are in zones where they will be prohibited, must be removed within two years, so the amendment opportunity will occur before the expiration of that amortization period.
     "I think it's important to move ahead with this at this time," Jacob said. "Right now we do not have an ordinance regulating sea cargo containers. We don't have a board policy. We have nothing."
     The regulation had been by administrative policy. Under current county regulations, sea cargo containers require a building permit unless they are smaller than 120 square feet and are used as accessory storage buildings without any associated plumbing, electrical, or mechanical permits.
     Containers of 320 square feet or less are exempt from permit and plan check fees under the county's Homeowners Relief Act, and the container must meet all zoning requirements for use, size, and setbacks.
     Prior to the supervisors' vote containers on residentially-zoned property were required to have stucco or frame siding materials and appropriate roofing materials attached to the outside, so that the container appears to be a normal frame or stucco storage building; siding and roofing materials are not required in zones other than residential.
     Although sea cargo containers are intended for the overseas transportation of goods, used containers are often sold to individuals for use as storage facilities. Those placed in residential areas are often not renovated or improved, and complaints to the county about such containers have increased in recent years.
     The ordinance went before the county's Planning Commission five times. The initial ordinance proposed in May was continued until July to allow for a public review period, but the July version of the ordinance was unacceptable to the Farm Bureau and Back Country residents. The draft ordinance was withdrawn to obtain further input from industry and community groups.
     DPLU worked with the San Diego County Farm Bureau to ensure that "where residential use is the primary use" (the final ordinance language differed from the words of the Planning Commissioner's recommendation) exempted legitimate small farming operations.
     The county's Department of Agriculture, Weights and Measures can certify a farm as an agricultural operation; this certification is already in use for zoning exemptions to allow farm worker housing on certified farms. DPLU will rely on farm certification for the cargo container exemptions.
     The front-yard prohibition applies to properties of all sizes where the primary use is residential. On properties under two acres only one container is allowed, the footprint of the container cannot exceed 320 square feet, and the site can only have a container for 180 days during any five-year period.
     The ordinance also prohibits any container in any area designated as a historic or archaeological landmark or district, while allowing containers in areas zoned for residential or agricultural uses if they comply with all building setbacks, are only used for storage, are on a property with a legal primary use and with no zoning or code enforcement violations, and do not exceed the total allowable square footage for accessory structures on the property
In all zones containers will be allowed at temporary construction sites even if permanent use is prohibited (the containers would need to be removed prior to final inspection), and legal non-conforming containers will be allowed for up to two years.
     Supporters of cargo containers have cited the security from theft, fire, wind, and rodents. The solid exterior often makes such containers part of best management practices to store fertilizers and soil mixes, the containers meet the county's requirement for pesticide storage, and they allow hazardous materials as well as tools to be stored under lock and key.

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