PC22-562RESOLUTION NO. PC22.562
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL FIND THAT PROPOSED DEVELOPMENT CODE
AMENDMENT NO, LR 22-0130 IS EXEMPT FROM ENVIRONMENTAL
REVIEW AND THAT THE CITY COUNCIL ADOPT PROPOSED
DEVELOPMENT CODE AMENDMENT NO. LR 22.0130 TO AMENO
THE MENIFEE MUNICIPAL CODE AND MENIFEE NORTH SPECIFIC
PLAN ZONING ORDINANCE RELATING TO BATTERY ENERGY
STORAGE SYSTEM.
WHEREAS, existing provisions of the City of Menifee Municipal Code do
not address battery energy storage facilities;
WHEREAS, on October 6,2021 , the City Council of the City of Menifee
adopted an urgency Ordinance imposing a 45-day moratorium on utility-scale
battery storage uses with later options to extend the moratorium for a total period
of up to two years;
WHEREAS, on November 17 , 202'l , the City Council of the City of Menifee
adopted an Ordinance extending the moratorium on utility-scale battery storage
for a period of 10 months and 15 days;
WHEREAS, City staff met the Southern California Edison and stakeholders
to obtain feedback;
WHEREAS, this Development Code Amendment No. LR 22-0130 consists
of four main code amendments to the Menifee Municipal Code: update to Title 9,
Article 3 ("Zones"), Section 9.135.030 ("Allowed Uses and Approval
Requirements"), Article 5 ("Special Use Standards"), Chapter 9.300 ("Energy
Storage Facilities"), and Article 6 ("Definitions"), and an amendment to zoning text
of the Menifee North Specific Plan No. 260 to include Battery Energy Storage as
an allowable use subject to the above-referenced Chapter 9.300;
WHEREAS, this Development Code Amendment No. LR 22-0130 will
amend zoning text of the Menifee North Specific Plan No. 260, Amendment 3 by
modifying the allowable uses within Planning Areas 2 and 3 to allow for Battery
Energy Storage Systems, subject to the above-referenced Chapter 9.300;
WHEREAS, the Planning Commission considered the requirements of the
California Environmental Quality Act (CEOA) (Public Resources Code Section
21 000 et. seq.) with regard to the possible impacts that proposed Development
Code Amendment No. LR 22-0130 may have upon the environment; and
WHEREAS, the Planning Commission of the City of Menifee conducted a
duly noticed public hearing to consider its recommendation to City Council on the
proposed amendments to Title 9 (Zoning Ordinance) of the City of Menifee
Municipal Code ("EXH|B|T A"), considered all public testimony, written and oral,
presented at the public hearing, received and considered the written information
and recommendation of the staff report for the June 8,2022 meeting related to
the proposed amendments to the Zoning Ordinance;
NOW, THEREFORE, the Planning Commission of the City of Menifee
makes the following findings pursuant to Section 9.115.070 ("Findings for
Approval"):
Section I :The proposed zone or amendments to this Title,s conslsfent with
the intent of the goals and policies of the General Plan.
ln addition, the modification is consistent with the following City of
Menifee General Plan policies:
Consistencv with General Plan
The proposed modifications to the Development Code set to modify
the permissible and conditionally permitted uses in established
zones, establish special use standards specific to utility-scale
battery energy storage systems, and make modifications to the
definitions of the Development Code. The proposed modification is
not a project and will not construct any structure nor propose any
development. The proposed changes will remain consistent with
the General Plan.
LU-l .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.
The proposed modifications to the Development Code will
further help the transition between the surrounding zones and
help preserve the existing character and development patterns
of the City. lt will also focus the development of battery energy
storage systems within already established business park and
heavy industrial zones within the City.
LLl-l.6: Coordinate land use, infrastructure, and transpoftation
planning and analysis with regional, county, and other local
agencies to fufther regional and subregional goals for iobs-
housing balance.
Staff engaged in multiple stakeholder meetings in preparation of
this Development Code Amendment, including with Southern
California Edison. The proposed changes to the Development
Code are primarily focused on zones located in proximity to the
Valley Substation (located on the southwest corner of Menifee
Road and Highway 74 within the northeasterly portion of the
City). Close proximity to this Valley Substation allows for more
efficient infrastructure and lower costs in the development of
reliable battery energy storage within the City.
LU-1 .10: Buffer sensitive land uses, such as resrdences,
schoo/s, care facilities, and recreation areas from major air
pollutant emission sources, including freeways, manufacturing,
hazardous materials storage, and similar uses.
The affected zones within the City are surrounded by a variety
of commercial, residential, and public land uses. The proposed
modifications to the Development Code will help focus the
development of battery energy storage systems within already
established business park and heavy industrial zones, and
these uses will be buffered from potential impacts to existing
and future land uses.
The proposed Development Code Amendment allows for,
accommodates, and regulates the development of battery
energy storage systems. Battery energy storage systems can
be used to help California advance its renewable portfolio
standard and energy storage goals, provide long-duration
storage capacity, and maximize use of existing energy project
infrastructure.
The proposed zone or amendments to this Title (the Zoning and
Development Code) prescibes reasonable controls and standards
to ensure compatibility with other estab/,shed uses.
The proposed modifications to the Development Code will help
provide more cohesive design standards for the existing built
environment. These standards will ensure that there will be a
smooth and buffered transition between existing and future land
uses. The new development standards will continue to promote the
strategic and controlled growth.
The proposed zone or amendments to this Title provides
reasonable property development rights while protecting
environmentally sensrtrve land uses and species.
The Change ol Zone will make minor modifications to the existing
Development Code. The reasonable property development rights of
landowners will not be impacted. The proposed changes seek to
preserve the character of the city while creating a framework for
thoughtful and compatible growth.
The proposed zone or amendments to this Title ensures protection
of the general health, safety and welfare of the community.
Section 4:
LU-3.2: Work with utility providers to increase service capacity
as demand increases
Section 2:
Section 3:
Section 5:
The Development Code Amendment will not result in conditions
detrimental to the public health, safety, or general welfare as
designed and conditioned. The proposed approval is not a project
and will not construct a development. The Development Code
Amendment has been reviewed by a variety of Departments to
ensure compliance with applicable regulations, including City of
Menifee Building and Safety and Riverside County Fire
Department, as well as Southern California Edison and
stakeholder, including potential developers of battery energy
storage system projects.
Therefore, the modification would not create conditions materially
detrimental to the public health, safety and general welfare or
injurious to or incompatible with other properties or land uses in the
impacted vicinity.
Compliance with California Environmental Quality Act GEa\.
Processrng and approval of the Development Code Amendment is
in compliance with the requirements of CEQA.
The adoption of the proposed amendment does not fall within the
definition of a "project" under CEQA because it, as a narrative
change to the Municipal Code, does not have the potential for
resulting in a direct or indirect physical change in the environment
(CEQA Guidelines 15378(a)) and is an administrative activity of the
City that will not result in direct or indirect physical changes in the
environment (CEQA Guidelines 15378(bX5)). In addition, the
adoption of the proposed amendment is exempt from CEQA
because there is no possibility that the proposed ordinance, as a
textual change to the Municipal Code, may have a significant
impact on the physical environment (CEQA Guidelines 15061) and
because, per Section I 5061(bX3), it can be seen with certainty to
have no possibility of a significant effect upon the environment.
Notice of Adoption. The City Clerk of the City of Menifee shall
certify to the adoption of this Resolution.
Effective Date. This Resolution shall become effective upon its
adoption.
Section 8: Severability. lf 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.
NOW, THEREFORE, The Planning Commission of the City of Menifee
recommends to the City Council the following:
Section 5:
Section 7:
That the City Council determine that the Findings set out above are
true and correct.
That the City Council finds that the facts presented within the public
record and within the Planning Commission Resolution provide a
basis to approve Development Code Amendment No. LR 22-0'130.
PASSED, APPROVED AND ADOPTED this 8th day ol June 2022.
David White, Chairman
S oseen, Acting City Clerk
to form:
I
2
Thai istant Cig Attorney
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF MENIFEE
l, Stephanie Roseen, Acting City Clerk of the City of Menifee, do hereby certify that the foregoing
Planning Commission Resolution No. PC22-562 was duly adopted by the Planning Commission
of the City of Menifee at a meeting thereof held on the 8th day of June 2022 by lhe following vote:
Ayes: LaDue, Madrid, WhiteNoes: NoneAbsent: Diederich, ThomasAbstain: None
anie Roseen, CMC
Acting City Clerk
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)ss
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MENIFEE
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