2021-331 Urgency Ordinance Extending for ten months and fifteen days the effective period of urgency ordinance no. 2021-327, which imposes a moratorium on certain battery storage usesORDINANCE NO. 2021- 331
AN URGENCY ORDINANCE OF THE CITY OF MENIFEE, CALIFORNIA
EXTENDING FOR TEN MONTHS AND FIFTEEN DAYS THE EFFECTIVE
PERIOD OF URGENCY ORDINANCE NO. 2021-327, WHICH IMPOSES
A MORATORIUM ON CERTAIN BATTERY STORAGE USES
WHEREAS, on October 6, 2021, the City Council adopted Ordinance No. 2021-
327, an urgency ordinance for the purpose of imposing a moratorium on certain battery
storages uses; and
WHEREAS, in adopting Ordinance No. 2021-327, the City Council declared that
there is a current and immediate threat to the public, health, safety, and welfare, and it is
necessary to put the moratorium in effect to ensure there is sufficient time to consider a
comprehensive ordinance regulating certain battery storage uses; and
WHEREAS, pursuant to Government Code Section 65858, the City Council may
extend an urgency Ordinance for ten months and fifteen days following a duly noticed public
hearing and subject to a four -fifths vote of the City Council; and
WHEREAS, City staff has reviewed the Menifee Development Code and has
identified a need for additional review and analysis of the need to amend the Menifee
Development Code pertaining to certain battery storage uses; and that an extension to
the moratorium is needed to complete the tasks identified in the staff report accompanying
this Ordinance; and
WHEREAS, on November 17, 2021, the City Council held a duly noticed public
hearing concerning this proposed Ordinance to extend the moratorium established by
Ordinance No. 2021-327; 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 above Recitals are true and correct and incorporated into this Ordinance
as if fully set forth herein.
Section 2. After consideration of all of the information, evidence, and testimony presented
at the public hearing held on November 17, 2021, the City Council finds that the current
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and immediate threat to the public health, safety, or welfare described in the findings
adopted pursuant to Ordinance No. 2021-327 still exists and it is therefore necessary to
extend the moratorium as additional time is needed to address the current and immediate
threat that prompted the moratorium adopted by Ordinance No. 2021-327 and to
complete the tasks set forth in the staff report accompanying this ordinance.
Section 3. 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 extends, for an additional ten
months and fifteen days, the current 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 4. All of the terms and provisions of Ordinance No. 2021-327 are hereby
extended for a period of ten months and fifteen days, unless terminated prior to that date
or unless further extended pursuant to Government Code Section 65858.
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, as more fully set forth in Ordinance No. 2021-327.
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PASSED, APPROVED, and ADOPTED this 17th day of November, 2021.
Bill Zimm .0 Mayor
Attest:
Approved as to form:
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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. 2021-331 was duly adopted by the City Council of the City of Menifee at a
meeting thereof held on the 17 day of November, 2021 by the following vote:
Ayes:
Deines, Karwin, Liesemeyer, Sobek, Zimmerman
Noes:
None
Absent:
None
Abstain:
None
v
arch A. Manwaring, MMC
City Clerk