2021-327 Urgency Ordinance imposing moratorium Battery Energy Storage UsesORDINANCE NO. 2021-327
URGENCY ORDINANCE OF THE CITY OF MENIFEE, CALIFORNIA
IMPOSING A MORATORIUM ON CERTAIN BATTERY ENERGY
STORAGE USES
WHEREAS, the City of Menifee wishes to protect and preserve the public safety, health,
and welfare, the quality of the City's residential, business, industrial development areas, and the
economic development corridor areas, as well as the quality of life throughout the City, through
effective land use and planning; and
WHEREAS, the City is aware of the perils of certain battery storage, including risk of
catastrophic fire, such as the reports of: (i) a fire aboard the Conception, a commercial scuba
diving vessel, that killed 34 of the 39 people onboard and was caused by a charging lithium -ion
battery; (ii) an explosion at a 2-MW battery storage facility in Surprise, Arizona, which injured four
firefighters; and (iii) a fire at a battery factory producing lithium -ion batteries in Richmond,
Kentucky; and
WHEREAS, the City Council has concluded it is necessary to study potential regulations
related to battery storage uses in the City; and.
WHEREAS, the City, pursuant to Government Code Sections 36934, 36937 and 65858, may
adopt an urgency ordinance to impose a moratorium as an interim measure for the immediate
preservation of the public health, safety, and welfare, to prohibit any uses that may be in conflict with
a contemplated zoning proposal that the legislative body is considering or intends to study within a
reasonable time; and
WHEREAS, this Ordinance is exempt from the requirements of the California Environmental
Quality Act ("CEQA") pursuant to State CEQA Guidelines, as it is not a "project" and has no potential
to result in a direct or reasonably foreseeable indirect physical change to the environment because
it is merely the formation of an organization. (14 Cal. Code Regs. § 15378(a).) Further, this Ordinance
is exempt from CEQA because there is no possibility that this ordinance or its implementation would
have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) The City
Clerk shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA
Guidelines.
NOW, THEREFORE, the City Council of the City of Menifee, State of California, does
ordain as follows:
Section 1. The purpose of this Ordinance is to provide for the health, safety, and welfare of the
City and its citizens by exercising the police power provided for in the California Constitution that
underlies the City's zoning powers, so that certain battery storage uses in the City are conducted
in such a manner as to be compatible with existing and future uses. In order to accomplish this
purpose, the City Council intends to impose a moratorium on certain battery storage uses in order
to provide City staff, the City Council, and the citizens of the City sufficient time to consider a
comprehensive ordinance regulating certain battery storage uses. The City finds and declares
that there is a current and immediate threat to the public health, safety, or welfare, and that the
approval of additional subdivisions, use permits, variances, building permits, or any other
applicable entitlement for battery storage uses which is required in order to comply with a zoning
ordinance would result in that threat to public health, safety, or welfare.
Section 2. The provisions of this Ordinance shall apply to all public and private property, unless
otherwise specified in the Ordinance, notwithstanding other existing Zoning Code, Municipal
Code, and/or other regulations or processes of the City of Menifee.
Section 3. Within all areas situated in the City of Menifee, State of California, there shall be a
moratorium in effect, commencing on the effective date of this Ordinance, prohibiting utility scale
battery energy storage facilities, except those described in Section 4, notwithstanding other
existing Zoning Code, Municipal Code, and/or other regulations or processes of the City of
Menifee.
Section 4. The provisions of this Ordinance shall not apply to individually owned single family
residential battery storage, multifamily residential battery storage, or otherwise ancillary battery
storage uses.
Section 5. If any section, subsection, sentence, clause, or phrase 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, and each
and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional, without regard to whether any portion of the Ordinance would be subsequently
declared invalid or unconstitutional.
Section 6. This Ordinance is adopted as an urgency measure pursuant to Government Code
Sections 36934, 36937 and 65858.
Section 7. The City Clerk shall certify as to the adoption of this Ordinance and shall cause this
Ordinance to be posted in the manner required by law.
Section 8. This Ordinance, as an urgency ordinance for the immediate preservation of the public
peace, health, or safety, shall take effect immediately upon its passage and adoption by not less
than a four -fifths vote pursuant to California Government Code Section 36937(b). Facts supporting
urgency include the risk of catastrophic fire, carrying with it the potential loss of life and property.
Section 9. This Ordinance will automatically sunset, and be of no further force and effect, forty-
five (45) days from the date of its adoption, unless extended pursuant to Government Code Section
65858(a).
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PASSED, APPROVED, and ADOPTED this 6th day of October, 2021.
Attest:
r
C
Je y T. Melching, Attorney
B II zi erman, Mayor
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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
Ordinance No. 2021-327 was duly adopted by the City Council of the City of Menifee at a
meeting thereof held on the 6th day of October, 2021 by the following vote:
Ayes:
Deines, Karwin, Liesemeyer, Sobek, Zimmerman
Noes:
None
Absent:
None
Abstain:
None
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