2022-356 AMENDMENT NO. LR 22.O130ADOPTING PROPOSED DEVELOPMENT CODE AMENDMENT NO. LR 22-OI30 TO AMEND THE MENIFEE MUNICIPAL CODE AND MENIFEE NORTH SPECIFIC PLAN NO. 260 ZONING ORDINANCE RELATING TO BATTERY ENERGY STORAoRDtNANCE NO. 2022-356
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, FINDING THAT PROPOSED DEVELOPMENT CODE
AMENDMENT NO. LR 22.OI30 IS EXEMPT FROM ENVIRONMENTAL
REVIEW AND ADOPTING PROPOSED DEVELOPMENT CODE
AMENDMENT NO. LR 22-OI30 TO AMEND THE MENIFEE MUNICIPAL
CODE AND MENIFEE NORTH SPECIFIC PLAN NO. 260 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; and
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, and
WHEREAS, on November 17 , 2021, 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; and
WHEREAS, City staff met the Southern California Edison and stakeholders to
obtain feedback regarding development standardsi and
WHEREAS, on June 2, 2022,ihe Riverside County Airport Land Use Commission
(ALUC) found Development Code Amendment No. LR 22-O13O (Development Code
Amendment, attached hereto as Exhibit "A") consistent with the 2014 March Air Reserve
Base/lnland Port Airport Land Use Compatibility Plan and the 2010/2011 Perris Valley
Airport Land Use Compatibility Plan; and
WHEREAS, the Development Code Amendment 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; and
WHEREAS, the Development Code Amendment will amend zoning text of the
Menifee North Specific Plan No. 260, Amendment No. 3 by modifying the allowable uses
within Planning Areas 2 and 3 to allow for Baftery Energy Storage Systems, subject to the
above-referenced Chapter 9.300; and
WHEREAS, on June 8, 2022,Ihe Planning Commission held a duly noticed public
hearing on the Development Code Amendment, considered all public testimony as well
as all materials in the staff report and accompanying documents for the Development
Code Amendment, which hearing was publicly noticed by a publication in the newspaper
of general circulation, and an agenda posting; and
WHEREAS, at the June 8, 2022 Planning Commission public hearing, based
upon all materials and testimony considered, the Planning Commission voted 3-0-2 to
Page I -
adopt Resolution No. PC 22-562 recommending that the City Council find the Ordinance
exempt from environmental review under the California Environmental Quality Act and
adopt the Ordinance; and
WHEREAS, the City Council considered the requirements of the California
Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.)
regarding the possible impacts that the Development Code Amendment may have upon
the environment: and
WHEREAS, on July 20, 2022, the City Council continued the public hearing for
LR 22-01 30 to August 17, 2022, and
WHEREAS, on August 17, 2022, the City Council continued the public hearing
for LR 22-0130 to September 21, 2022, and
WHEREAS, on September 21, 2022, the City Council held a duly noticed public
hearing concerning the Ordinance to approve the Development Code Amendment,
introduced and conducted a first reading of the Ordinance, and considered testimony
and evidence at the Public Hearing held with respect thereto; and
WHEREAS, on October 5, 2022,lhe City Council conducted a second reading of
the Ordinance to approve the Development Code Amendment.
Section 1 The proposed zone or amendments to this Title is cons,stent with the
intent of the goals and policies of the Genenl Plan.
LU-1.4: PreseNe, protect, and enhance estab/ished rural, estate, and
residential neighborhoods by providing sensilive and welldesigned
transitions (building design, landscape, etc.) between these
neighborhoods and adjoining areas.
The Development Code Amendment 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
PaEe 2 -
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES
ORDAIN AS FOLLOWS:
Consistencv wrlh General Plan
The proposed modifications to the Development Code set forth in the
Developmenl Code Amendment (attached as Exhibit "4") 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 Development Code Amendment is nota prolect and will not construct any structure nor propose any
development. The proposed changes will remain consistent with the
General Plan.
ln addition, the Development Code Amendment is consistent with the
following City of Menifee General Plan policies:
development of battery energy storage systems within already
established business park and heavy industrial zones within the City.
LU-1 .6: Coodinate land use, infrastructure, and transpoftation
planning and analysis with regional, county, and other local agencies
to fufiher regional and subregional goals for jobs-housing balance.
Staff engaged in multiple stakeholder meetings in preparation of the
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 lhis Valley Substation allows for more efficient
infrastructure and lower costs in the development of reliable battery
energy storage within the City.
LU-l.10: Buffer sensitive land uses, such as resdences, schoo/s, care
facilities, and recreation areas from major air pollutant emission
sources, including freeways, manufactuing, hazardous mateials
storage, and simi/ar uses.
The affected zones within the City are surrounded by a variety of
commercial, residential, and public land uses. The Development Code
Amendment 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.
LU-3.2: Work with utility providers to increase seNice capacity as
demand increases
The 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 reasonab/e controls and standards to
ensure compatibility with other eslabllshed uses.
The Development Code Amendment 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
propefty development rights while protecting environmentally sensitive
/and uses and species.
Page 3 -
Section 2:
Section 3:
Section 4:
The Development Code Amendment will make minor modifications to the
existing Development Code. The reasonable property development rightsof 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 amendmenfs to this Title ensures protection of the
general health, safety and welfare of the community.
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 Edtson
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 Califomia Environmental Quality Act (CEQA).
Process,ng and approval of the Development Code Amendment is in
compliance with the rcquirements of CEQA.
The adoption of the Development Code Amendment does not fall within
the definition of a "projecl" 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(b)(5)). ln addition, the adoption of the Development Code
Amendment is exempt from CEQA because there is no possibility that the
proposed ordinance, as a textural change to the Municipal Code, may
have a signiflcant impact on the physlcal environment (CEQA Guidelines
1506'l) and because, per Section 15061(bX3), it can be seen with
certainty to have no possibility of a signiflcant efiect upon the
environment.
Adoption. The Development Code Amendment, as set forth on Exhibit
"A" hereto, is hereby approved and adopted. Exhibit "A" shows the
changes to existing Development code with underlinino of additions and
€trike€ct of deletions.
Notice of Adoption. The City Clerk shall certify to the passage and
adoption of this Ordinance, and shall cause the same to be published
within fifteen (15) days after passage in accordance with law, and shall
cause this Ordinance and its certification, together with proof of
publication, to be entered in the Book of Ordinances of the City of
Menifee.
Section 5:
Section 6:
Section 7:
Page 4 -
Effective Date. This Ordinance shall take effect and be in full force and
operation thirty (30) days after its adoption.
Severability. lf any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance is (including without limitation the
provisions of the Development Code Amendment set forth in Exhibit "A"),
for any reason, held to be invalld 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. The City Council
hereby declares that it would have adopted this Ordinance, and each
section, subsection subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions
thereof be declared invalid or unconstitutional.
THIS ORDINANCE WAS INTRODUCEO AND READ ON THE 21ST DAY OF
SEPTEMBER, 2022 AND APPROVED AND ADOPTEO THIS 5 DAY OF O(*.
2022
1/A:Y
Bill Zim@ryayor
Attest
Approved as to form
Roseen,cti ng City Clerk
J elching, Ci v
Page 5 -
Section 7:
Section 8:
Exhibit "A"
Artacle 3: Zones
Chapter 9.135 Commercial and lndustrial Zones
Sections:
9.135.030 Allowed Uses and Approval Requirements
A. Allowed UseTable. Table 9.135.030-1 identifies allowed uses and corresponding
approval requirements for the commercial and industrial zones subject to compliance
with all other provisions of this Title. Descriptions/definitions of many of the land
uses can be found in Article 6 of this title (Definitions). The list of land uses on Table
9.135.030 shall be permitted in one or more of commercial and industrial zones as
indicated in the columns corresponding to each 9919.
B. Approval Requirements. Where indicated with a letter "P" the use shall be
a oermitted use. A letter "C" indicates the use shall be conditionally permitted
subject to the approval of a conditional use oermit. Where indicated with a "-,"
the use is prohibited within the ZgIg. The Additional Requirements column in the
table identifies additional!!9 regulations for specific uses and/or the specific chapter
or section where additional regulations for that use type are located within this title,
where applicable. Uses for which additional requirements are listed shall be allowed
only upon satisfaction of the specified additional requirements. Under no
circumstances shall Table 9.135.030-1 authorize a!!gwithout satisfaction of such
specified additional requirements
C. Unlisted Uses. Uses not specifically listed in this table shall be considered not
permitted in all of the listed zones. The Communitv Develooment Oirector may make
a determination pursuant to Chapter 9.95 (Simllar Use Determination) that new uses
not listed here that have substantially similar characteristics to specific listed
permitted uses may be considered permitted as the jgqllgq_ggg by right, or
conditionally as appropriate.
- EXHIBIT A, page I -
D
co
Adult businesses See Ordinance xx
Airport c
Ambulance services c c P
c
Amusement oark. (including multiple activities such as simulated flying,
racing, mini-golf, etc.)
lndoor
Outdoor
P
c
P
c
P :
Animals, Small (e.9. hamsters, rabbits, chinchillas, and similar sized animals)
Non-Commercial
Commercial
Chaoter
9.235 (Animal KeepinS)
Alillql[elgilab and veter rnary servrces
(with outdoor facilities)c
Animal Rescue c c Chaoter
9.235 (Animal Keeping)
Antique shops, pawn shops, thrift stores c Outside collection bins
prohibited
Art gallery, library, reading room, !!!Sg!!!P P
Art supply shops and studios.P P
lUgD! Houses P
Auditoriums, event centers and assembly areas, includinglyg
ellte na in me nt:
lndoor
Outdoor
P
C
P
C
Bakery goods distributors P P P
Bakery shops, Coffeehouse, Cybercaf6, Delicatessens, lce cream shops P P P
Banks and financial institutions P P
Banquet facilities c
gatting cages - indoor
Outdoor
P
c
c
c
Billiard and pool halls, Bowling Alley!Chapter
aZSQ (Alcohol Sales)
Breweries. distilleries, and wine making facilities with on-site tasting room
and sales for qEgilC consumption c Sales)
Chapter 9.250 (Alcohol
Car washes P c
Caretaker residence or on site operator residence, only as accessory
to p!-o.aty-ulg C C c c
Catering services P
Cemeteries and mausoleums c C
EIlig' includinB but not limited to medical and urgent care c C c
Comme rcia I television and radio broadcast structures P
Concrete batch plants and asphalt plants c
Conqreeate care facilitv c c chapter
9.270 (Communitv
gg
- EXHIBIT A, page 2 -
Table 9,135.030-1 Commercial and lndustrial zones - Allowed Uses and Approval Requirements
Amusement arcade
P P
P
c
C
P
P
C
c
P
Business services P
P
Collection Containers
Care Facilities)
Contractor, landscape and building materials storage y!I!L c C
Convenience stores, not including the sale of motor vehicle fuel P P
Dance Halls, night clubs, discos, cabarets, cocktail lounges, lodges and
incidental dancing areas. and simila. facilities where dancing is the
principalUlg
c c Chapter 9.250 (Alcohol
Sales)
Day Care Center P C c
Chaoter
9.270 (Communitv
Care Facilities)
Department stores P
Drug Store P
Dry cleaning and laundromats (except uniform supply
and ildlsllial launderers);P c c
c c c c
Emereencv 5helters P
ln locations specified
in the Housing
Element
Battery Energy Storage Facility, Utility Scale C c Chapter 9.300 lEnergy
Storage Facilities)
Equipment sales and rental, Large (including large vehicles, trucks with beds
over 18 feet in length, eighteen plus (18+)wheelers, and conrtruction
equipment)
c
Equipment sales and rental, Small (includin8 rototillers, power mowers,
sanders, power saws, cement and plaster mixers not exceeding 20 cubic feet
in capacity and other similar equipment)
P c c
Fast food/quick service, with dliyCllEglgh C c C
Fast food/quick service, without dliygllbIgg8h P P P
Feed and grain sales C
Fertilizer production and orocessins (organic or inorganic)c
Funeral parlor, mortuary with crematorium c c
Funeral parlor, mortuary without crematorium c c
Gas station with/without !.q!.yC!jg!!g with or without aEqhql!
bClellgelalCt and with or without car wash c c c
General retail P
General warehousing, distribution centers, and storage (except noxious,
explosives, or dangerous materials)P P
Golf Course
Golf driving range (not in association with full scale course)C C
P P PGovernmentalfacility
Grocery Store Eheslellzsg (Alcohol
Sales)
Hardware and Eqttlg Supplies
wlthout qllrclgpIlalC!,/ sto rage
w th gllElpgllAlg5/sto ra ge
P
c
P
c
P
C
c
c
P
C
Health, fitness, dance, martial arts studio
<5,000 sq.ft.
>5,000 sq.ft
c cHeliports
c cHospital
IIII
- EXHIBIT A, pagc 3 -
Table 9.135.030-1 Commercial and lndustrial Zones - Allowed Uses and Approval Requirements
cp co H
Educational lnstitr.rtion
P
c
!q!qb and resort iqleb P c
c c Chaoter
9=Zf5 (Animal Keeping)
Laboratories, research and development P
Live/work units c c c
Lumber y4!L C
Manufacturing. Handcraft P P
Manufacturinq. Light-l ntensity C P
Manufacturing, Medium-lntensi c c P
Manufacturing, Heavy-lntensity P
Mariiuana disoensaries, mobile mariiuana disoensaries. mariiuana
cultivation. and mariiuana orocessine
Massage Establishment c c
Material rtorage IAld c P
MembershiD clubs. organizations, and lounges C c C
llgUilgbgllg sales and storage, trailer sales and rental house trailers C c c
Motels c
Motocross Facilities, Bicycle (BMX) course
Motor vehicle body, paint and upholstery shops c P
Chaoter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle Parts and suPPly stores P c
Motor vehicle repair/services (e.9. tune-upt C!!i!:ig! tests, brakes, tires,
batteries, electrical)P c P
Chaoter 9.240 (Motor
Vehicle and Related
Uses)
!4elgtlg[iglg repairs/services - major (e.9., engine and transmission
repair/rebuild, etc.)c
Chapter 9.240 (Motor
lghiglg and Related
Uses)
Motor ygLiglglelCl and rental (including outdoor display area and repairs
associated with sales)c c
Chapter 9.240 (Motor
\lghiglC and Related
Uses)
Motor vehicle wholesale , with no outdoor display P P P
llqlgIfgUdc impound, wrecking and illkfald5 c
Chaoter 9.240 {Motor
lg[iglc and Related
Uses)
c
(indoor
only)
CMotor vehicle.tra iler or boat storage
Chaoter 9.240 (Motor
!g[D!g and Related
Uses)
Nurseries and garden supply, indoor and outdoor (retail sales only)P
Does not include
cultivation
of MiilllA/cannabis
P POff ices, professional and medical
PeilkilAlq!9 and parking !]tUlLUlC!
P PPersonal and Professional Services
zuU|j!-qu.Ily substations and storage bgitljlgs
P PRadio and television broadcasting and recording studios
Chaoter 9.240 (Motor
!C[ig]C and Related
Uses)
C C C
Recvclins collection facilities c C c Chaoter
@
- EXHIBIT A. pagc 4 -
Table 9,135.030-1 Commercial and lndustrial Zones -Allowed Uses and Approval Requirements
H
c
Kennel or !a!!g!y
c
P
Recreationalvehicle, trailer and EqUilgbgle sales and rental.
a28q (Recycling
Facilities)
c C
chaoter
aZ80 (Recycling
Facilities)
Religious institutions P P
Restaurant P P P
chaoter 9.250 (Alcohol
sales)
Residential care facilitv c
chaoter
9.270 (Communitv
Care Facilities)
8C5!e!I!!]!: with breweries, distilleries andlor wine makinB facilities with
sales for on-site and qbtg consumption c c C C Chaoter 9.250 (Alcohol
sales)
Self -storaqe. public storage facilities c c P
ShootinR range; lndoor c
Sbggllglelgg; Outdoor
Simulated shooting games, lndoor (laser ta& etc.)c c
Simulated shooting games, Outdoor (paintball, etc.)
Solid Waste Disposal C
Specialized Retail P P
Sports and recreational facilities (not including motor driven vehicles
and riding academies, but including archery ranges, athletic playgrounds,
athletic fields, sports arenas, skating rinks, skate pllk! stadiums, and
commercial swimming pools)
Indoor
Outdoor P
C
C
C
studios for professional work in or teaching of any form of fine arts P c ?
SlggllegE ( I ndoor only)c c Allactivities must be
conducted indoors.
Tattoo Establishments c C Chaoter 9.255 (Tattoo
Establishments)
c c
Tourist information centers P P P
Towing services (with tow truck parking - no auto storage)P P
Towing services (with tow truck parking and auto storage)c
P P PTransDortation Stations (bus, railroad and taxi)
cTruckinB and f reighting operations
c PUniform supplier and j!d!s!!ial lau nderers
lllilly offices, uses, and structures
Vehicle storage and impoundment within an enclosed !Ui]!I!g P P
C P CVocatio na l/trade sqhgqL;
ldalqhglsg/club store, Standalone facility 50,000 sq. ft. or larger c c
PWholesale businesses with samples on the plgldl!! but not including
storage
cWholesale stores and distributors
c c C
Chaoter
aZ98 (Wireless
Communications
Wireless Communication Facilities
IIII
- EXHIBIT A, page 5 -
Table 9.135.030-1 Commercial and lndustrial Zones -Allowed Uses and Approval Requirements
H
Recvclinq orocessing facilities
P
c
Theater
P
C
Facilities)IIII
- EXHIBIT A, page 6 -
Table 9.135.030-1 Commercial and lndustrial Zones - Allowed Uses and Approval Requirements
co H
Article 5: Special Use Standards
Chapter 9.300 Energy Storage Facilities
Contents
9.300.010 Purpose
9.300.020 Classification of Energy Storage Facilities
9.300.030 Applicability
9.300.040 Development Standards
9.300.050 Decommissioning
9.300.060 Performance Measures and Standard Conditions of Approval
9.300.070 Finding of Economic Benefit; Public Benefit Agreement; Exempt
Projects
Energy Storage Facility regulations are adopted with the intent of advancing and protecting the
public health, safety, and welfare of the City of Menifee by establlshing regulations for the
installation and use of energy storage systems. The regulation herein are intended to protect
the health, welfare, safety, and quality of life for the general public, to ensure compatible land
uses in the areas affected by energy storage facilities and to mitigate the impacts of energy
storage facilities on the environment.
9.300.020 Classification of Energy Storage Facilities
The following words and phrases shall, for the purposes of this chapter, have the meanings
respectively ascribed to them by this section, as follows:
1. Battery: A single cell, stack, core building block, or a group of cells connected together
electrically in series, in parallel, or a combination of both, which can charge, discharge,
and store energy electrochem ically. For the purposes of this chapter, batteries utilized
in consumer products are excluded from these requirements.
2. Battery ManaBement System: An electronic system that prevents storage batteries
from operating outside their safe operating parameters and disconnects electrical
power to the energy storage system or places it in a safe condition if potentially
hazardous temperatures or other conditions are detected. The system generates an
alarm and trouble signal for abnormal conditions
3. Battery Energy StoraBe System: A system consistinB of electrochem ical, kinetic,
thermal, or other form of energy-storage technology storage batteries, battery chargers,
controls, power conditioning systems and associated electrical equipment, assembled
together, capable of storing energy in order to supply electrical energy at a future time,
not to include a stand-alone 12-volt car battery or an electric motor vehicle.
4. Cell:The basic electrochemical unit, characterized by an anode and a cathode, used to
receive, store, and deliver electrical energy.
- EXHIBIT A, pagc 7 -
9.300.010 Purpose
5. Commissioning: A systematic process that provides documented confirmation that a
battery energy storage system functions according to the intended design criteria and
complies with applicable code requirements.
6. Decommissioning Plan: A plan to retire the physical facilities of the Project, including
decontam ination, dismantlement, rehabilitation, landscaping and monitoring. The plan
contains detailed information on the proposed decommissioning and covers the
schedule, type and sequence of decommissioning activities; waste management,
storage and disposal of the waste from decommissioning; the timeframe for
decommissioning and site rehabilitation.
7. Energy Stora8e System: A system which stores energy and releases it in the same
form as was input.
9.300.030 Appl icability
The requirements of this ordinance shall apply to all utility-scale battery energy storage facilities
permitted, installed, or modified after the effective date of this ordinance, excluding general
maintenance and repair. Utility-scale battery energy storage systems constructed or installed
prior to the effective date of this ordinance shall not be required to meet the requirements of
this chapter. Modifications to, retrofits or replacements of an existing battery energy storage
facility that increases the total energy storage system designed discharge duration or power
rating shall be subject to this chapter. The continuation of legally established existing utility-
scale battery energy storage systems shall be subject to the regulations and guidelines of
Chapter 9.15 Nonconforming Uses and Structures of the City of Menifee Municipal Code.
9.300.040 Development Standards
1. Energy storage facilities must meet all applicable standards of the adopted Building and
Safety Codes and of the adopted Fire Codes.
2. Energy storage facilities shall comply with the site design requirements set forth below in
addition to all other applicable chapters of the City of Menifee Municipal Code:
a. Where visible from public view, the site shall be fully enclosed by a minimum six-foot,
non-scalable solid wall. Where not visible from public view, the site shall be enclosed by
a minimum six-foot, non-scalable solid wall or tubular steel or wrought iron fencing. Said
wall or fencing shall be located outside of the required yard of the applicable zone.
Walls shall consist of either decorative concrete masonry block or decorative concrete
tilt-up walls. Decorative masonry block means neutral colored slump stone block, split-
face block, or precision block with a stucco, plaster, or cultured stone finish. Decorative
concrete tilt-up wall means concrete with a combination of paint and raised patterns,
reveals, and/or trim lines.
When sound and visual attenuation requires a wall exceeding 6 feet above the Srade of
the adjacent roadway, earth mounds shall be used, such that no more than 6 feet of the
wall is visible from the roadway. The mounds shall not exceed a three-to-one (3:1) ratio
slope. The mounds may support the wall or be placed against the wall on the street side.
- EXHIBIT A, pagc lt -
Maximum wall heights shall comply with Section 9.185.040(g) ("Maximum Heights") of
this Title.
b. No landscaping is required on the interior side of the screen walls described in
subparagraph (a), above, regardless of the percentage of open space landscaped
required.
The minimum required open space, as required by this Title, shall be limited to the
perimeter landscaping surrounding the perimeter screening wall or fencing described in
subparagraph (a), above. 5aid perimeter landscaping shall be no less than the
applicable req uired yard setbacks.
c. Solid walls surrounding facilities which are below grade of an adjacent street or
property shall incorporate a berm/slope along the entire length of the wall to ensure
facilities are not visible from public view.
d. Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all
solid screen walls.
e. Except as set forth in subparagraph (f), no equipment or appurtenances not in an
enclosed structure shall exceed the screen wall height described in subparagraph (a),
above, unless it can be demonstrated through a line-of-sight analysis to the satisfaction
of the approval body that the wall height will sufficiently screen said equipment and/or
appurtenances. Enclosures for batteries and other systems shall not exceed fifteen feet
in height.
f. Accessory structures such as utility poles or utility connection equipment, substation
switchyard and similar equipment, necessary for the operation of the facility may
exceed the height standards of the applicable zone subject to Planning Commission
approval.
g. Within the Business Park (BP) zone, all equipment or appurtenances shall be located
within an enclosed building. However, accessory structures such as utility poles or utility
connection equipment substation switchyard, and similar equipment, necessary for the
operation of the facility is not required to be located within the enclosed building.
h. On-site parking shall be provided as specified below:
i. For sites occupied daily by employees or contractors, one parkin8 space per
employee or contractor shall be provided.
ii. For unoccupied sites, one on-site parking space shall be provided
iii. All parking, fire access roadway, and drive aisles shall be paved with asphalt
or concrete.
iv. All parking lots shall comply with Section 9.215, Parking and Loading
Standards.
- EXHIBIT A. pagc 9 -
vi. All facilities shall have an approved signage plan including safety signage to
be posted at the site.
i. All improvements and site specifications shall be subject to approval of a Hazard
Miti8ation Analysis. Said reports shall be reviewed by the City of Menifee Fire
Department and Building and Safety Departments. These reports must be approved
concurrent with any entitlements. The purpose of this analysis is to evaluate the
potential for adverse effects to people or the environment related to hazards and
hazardous materials. The California Environmental Quality Act (CEQA) requires the
analysis of potential adverse effects of a project on the environmental. Consistent with
Appendix G of the CEQA Guidelines, a proposed project would cause adverse impacts
related to hazards and hazardous materials if they would create a significant hazard to
the public or the environmental through reasonably foreseeable upset and accident
conditions involving the release of hazardous materials into the environment.
1. Decommissioning Plan. Prior to issuance of any permits related to decommissioning activities,
the applicant shall submit a decommissioning plan containing a narrative description of the
activities to be accomplished for removing the energy storage system from service, and from the
facility in which it is located. The decommissioning plan shall also include:
a. A narrative description of the activities to be accomplished, including who will
perform that activity and at what point in time, for complete physical removal of all
battery energy storage syst€m components, structures, equipment, security barriers,
and transmission lines from the site;
b. Disposal of all solid and hazardous waste in accordance with local, state, and federal
waste disposa I regulations;
c. The anticipated life of the battery energy storage system;
e. A listing of any contingencies for removing an intact operational energy storage
system from service, and for removing an energy storage system from service that has
been damaged by a fire or other event.
2. Ownership Changes. lf the owner of the battery ener8y stora8e facility changes or the owner
of the property changes, the project approvals shall remain in effect, provided that the
successor owner or operator assumes in writing all the obligations of the project, site plan
approval, and decommissioning plan. A new owner or operator of the battery energy storage
facility shall notify the Community Development Department of such change in ownership or
operator within 30 days of the ownership change. A new owner or operator must provide such
9.300.050 Decommissioning
d. The manner in which the battery energy storage system will be decommissioned, and
the Site restored, including a description of how any changes to the surrounding areas
and other systems adjacent to the battery energy storage system, such as, but not
limited to, structural elements, building penetrations, means of egress, and required fire
detection suppression systems, will be protected durinB decommissioning and
confirmed as being acceptable after the system is removed; and
- EXHIBIT A, page l0 -
notification to the Community Development Department in writinB. The proiect and all
approvals for the battery energy storage facilities would be void if a new owner or operator fails
to provide written notification to the Community Development Department in the required
timeframe. Reinstatement of a voided proiect or approvals will be subject to the same review
and approval processes for new applications under this chapter.
9.300.050 Performance Measures and Standard Conditions of Approval
The following measures shall be included as performance measures and standard conditions of
approval for all energy storage facilities.
b. Facilities shall comply with Chapter 9.210 Noise Control Regulations of the City of Menifee
MunicipalCode.
d. Prior to the issuance of a Certificate of Occupancy or Business License, any operator of an
ener8y storage facility shall sign a statement acknowledging acceptance of all operational
conditions of approval associated with the approved entitlements for the facility.
9.300.070 Finding of Economic Benefiu Public Benefit Agreement; Exempt
Projects
1. Consistent with Public Resources Code section 25545.9, and in additional to all other findings
and determinations necessary for the grant of a conditional use permit, no conditional use
permit for an Battery Energy Storage Facility, Utility Scale shall be granted unless the City finds
that the construction and operation of the facility will have an overall net positive economic
benefit to the City. For purposes of this sub-section, economic benefits may include, but are not
limited to, any of the following:
a. Employment growth
b. Housing development
c. lnfrastructure and environmental improvements
d. Assistance to public schools and education
e. Assistance to public safety agencies and departments.
f. Property taxes and sales and use tax revenues
2. Consistent with Public Resources Code section 24454.10, no conditional use permit for an
Battery Energy Storage Facility, Utility Scale shall be granted unless the City has entered into a
legally binding and enforceable agreement with, or that benefits, the City, where there is mutual
- EXHIBIT A. page I I -
a. Facilities shall not store any products, goods, materials, or containers outside of any building
on-site.
c. Operators shall address any nuisance, safety issues or violations of conditions of approval
within forty-eight hours of being notified by the city that an issue exists.
benefit to the parties to the agreement. The topics and specific terms of the community
benefits agreements may vary and may include funding for or providing specific community
improvements or amenities such as park and playground equipment, urban greening, enhanced
safety crossings, and paving roads and bike paths.
3. The City of Menifee finds and declares that, where an Battery Energy Storage Facility, Utility
Scale is issued a certificate pursuant to Chapter 6.2 (commencing with Section 25545) of Division
15 of the Public Resources Code, and where such certificate is in lieu of a conditional use permit
or other permit, certificate, or document required by the City, a community benefit agreement
in the form described in subdivision (2), above, shall satisfy the obligations on Public Resources
Code section 24454.7O.
- EXIIIBIT A, pagc l2 -
Article 6: Definitions
Ghapter 9.300 Universal Definitions
Sections:
9.300.030 "8" Definitions
- EXHIBIT A, page l3 -
Balcony. A platform that plgpg!5 from the wall of a buildinq, typically above the first level, and
is surrounded by a rail, balustrade or paraDet.
Bar. EIglqiSC! used primarily for the dispensing of alcoholic beverages by the drink for on-site
consumption.
Battery: A single cell, stack, core building block, or a group of cells connected together
electrically in series, in parallel, or a combination of both, which can charge, discharge, and store
energy electrochem ica lly. For the purposes of this chapter, batteries utilized in consumer
products are excluded from these requirements.
Battery Management System: An electronic system that prevents storage batteries from
operating outside their safe operating parameters and disconnects electrical power to the
energy storage system or places it in a safe condition if potentially hazardous temperatures or
other conditions are detected. The system generates an alarm and trouble signal for abnormal
cond itions
Battery Energy Storage Systems, A system consisting of electrochemical storage batteries,
battery chargers, controls, power conditioning systems and associated electrical equipment,
assembled together, capable of storing energy in order to supply electrical energy at a future
time, not to include a stand-alone 12-volt car battery or an electric motor vehicle.
Battery Energy Storage Facility, Utility Scale. Stationary batteries that are connected to
distribution/transmission networks or power-generation assets. Utility scale may also be
referred to as "front-of-the-meter", large-scale or grid-scale battery storage. Utility Scale
systems are intended primarily to interact with the electric grid and are not intended to serve a
specific end user "behind-the-meter". Utility-scale systems increase flexibility in power systems,
provide grid reliability support and enable an optimal use of variable electricity sources like
photovolta ic and wind.
Bed and Breakfast. A business operated in an owner-occupied residence offering short-term
rental of overnight accommodations, which provides on-site breakfast service.
Bedroom. A private room for sleeping, separated from other rooms, and accessible to a
bathroom without crossing another bedroom.
Berm. A mound of earth or the act of pushing earth into a mound.
Buffer Area. A strip of land established to protect one type of !!!!Lg!g from another ,|E!9L!!9.A buffer may include a physical separation in the form of a specified distance,
landscaping, berms or other screens which block vision, noise or other negative jllpgEls.
Buildable Area/Building Envelope. The area of a lq! remaining after the minlmum setback
and open space requirements have been met; the area within which primary and glggslgly
Sllggllle! may be located, unless an encroachment into the setback is otherwise permitted.
1r
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Front
yztd
Rear
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ftoperty lin€ {d.6na! FEr(el are.)
Building. Any structure having a roof, or fully enclosed by walls, and intended for the shelter,
housing or enclosure of persons, 4jg!g or pIgpgIU.
Building, Accessory. See Structure. @!:pU.
Building Height. Buildine height shall be measured in accordance with Section in 9.195.040.4
(Height Measurement).
Building Permit. Written permission issued by the Citv for the construction,
repair, q!1g1q1jg1or addition to a structure or buildine.
Building, Primary. A buildins in which the principalgse is conducted.
Business Services. Rendering services to business establishments on a fee or contract basis,
including printing and copying, blueprint services, advertising and mailing, office-related
equipment rental and leasing, commercial research, gpydgpqg and testin8, photo finishing
and model buildins.
Sections:
9.300.050 "D" Definitions
Day Care Centers. Establishments providing nonmedical care for persons on a less than 24-
hour basis other than in a familv dav care home (see Fomilv Dov Core Home). This classification
includes nursery schools, preschools, and day-care facilities for children or adults, and any other
day-care facility licensed by the State of California.
Days. Shall always be consecutive calendar days, unless otherwise stated.
Decommissioning Plan: A plan to retire the physical facilities of the Project, including
decontam ination, dismantlement, rehabilitation, landscaping and monitoring. The plan contains
- EXtllBl't A, pagc l4 -
-T-
J-
- EXHIBTT A, page l5 -
detailed information on the proposed decommissioning and covers the schedule, type and
sequence of decommissioning activities; waste mana8ement, storage and disposal of the waste
from decom mission ing; the timeframe for decommissioning and site rehabilitation.
Dedication. The transfer of propertv, such as streets and roads or other public usage, to a
pu blic agency or ggjljly for specific purposes.
Density. The number of dwellina units, households or housing S!Ig!!gIg! per unit of land.
Density Transfer. The transfer of all or part of the permitted densitvfrom one parcel to
another pa rcel.
Detached. Any buildinq orstructurethat does not have a Wal! or roof in common with any
other building or structure.
Developer. The legal or beneficial owner or owners of orooertvto be developed or being
developed, including the holder of an option or contract to purchase or other person(s) having
enforceable proprietary interests in such propertv.
Development. Any man-made change to improved or unimproved real estate, including but
not limited to !gi&[!gS or other qlllguIg5 mining, dredging, filling, grading, paving, excavation
or drilling operations, or storage of equipment or materials.
Development Agreement. A contract between thegjlyand a developer through which
the developer receives vested rights to construct a oroiect subject to specific requirements
benefiting the community.
Development Code. A set of land use regulations, as contained in Title 9 of the Menifee
Municipal Code, adopted by the Citvwhich prescribes standards and regulations for bld
use and development.
Development Rights. The legally established right to develop land by a party.
Director. The communitv Development Director of the Citv of Menifee or his/her designee.
Discretionary Decision. An action taken by a governmental aqencv that calls for the exercise
ofjudgment in deciding whether to approve and/or how to carry out a plgjgg!.
District. A zone or geographic area in the municipality within which certain zoning
or dCyC!.qp.O9-qg regulations a pply.
Drainage. Surface water runoff; the removal of surface water or groundwater from land by
drains, grading or other means, which include runoff controls to minimize erosion and
sedimentation during and after construction or develooment.
Drainage Area. A geographical area, formed by topography, which collects and directs surface
runoff from precipitation to natural or man-made channels.
Drive-through. Any portion of a building or development intended to allow service direct from
the bgliE[lg through a window, !!9q! or automated delivery system to vehicle occupants. Such
facilities include but are not limited to food service windows, automatic teller machines or
similar service systems.
Driveway. A roadway providing direct access for vehicles between a street or highway and an
area contalnlng pglLilglpelc!, loading, storage or refuse collection areas.
Dwelling. A gEggllglg or portion thereof which is used for human habitation, including
provision for living, sleeping, eating, cooking and sanitation.
Single Family, Attached. Adwellinsunit designed for occuoancv by one household,
located on a single !q! and typically grouped together with similar units. They may
be attached through vertical oartv wall(s) to one or more dwellings on abutting !g!S or
may be joined by caroorts or qarapes.
Single Family, Detached. A dwellins unit designed for ggggpglgy by one household and
located on a separate lot from any other g!gg[!j4g, except permitted accessorv dwelline
units. This classification includes individual manufactured housing units installed on a
foundation system pursuant to section 18551 of the california Health and Safety code
Duplex. A single !gi!!pg on a lot that contains two ghuqllilg units or two single-
unit dlrygllilg! on the same !E!. Duplex does not include a single family dwellinq with
an accessorv dwelling uniton the same lqL which is an accessory residential unit as
defined by State law and this Title lsee Accessorv Dwellino Unitl.
Multiple Family. A single !gi!g[qg on a lot that contains three or more d]ggllilg units or
three or more single-unit dlugllllg! on the same lqL or any combination thereof.
- EXHIBIT A, page I6 -
Menifee North Specific Plan No. 260, Amendment 3
oRDTNANCE NO.348.4581
AN ORDINANCE OF THE COUNTY OF RIVERSIDE AMENDING ORDINANCE NO. 348 RELATING TO
ZONING
The Board of Supervisors of the County of Riverside ordains as follows:
Section 1. Article XVlla, Section 17. 73 of Ordinance No. 348 is amended in its entirety to read as
follows:
Planning Areas 2 and 3.
1. The uses permitted in Planning Areas 2 and 3 of Specific Plan No. 260 shall be
the same as those uses permitted in Article Xll, Section 12.2 of Ordinance No.
348, in addition Utility-Scale Battery Energy Storage Systems are permitted
subject to Chapter 9.300 of the City of Menifee Municipal Code.
2. The development standards for Planning Areas 2 and 3 of Specific Plan No. 260
shall be the same as those standards identified in Article Xll, Section 12.4 of
Ordinance No. 348. However, the development standards of Chapter 9.300
shall apply to Utility-Scale Battery Energy Storage System uses.
3. Except as provided above, all other zoning requirements shall be the same as
those requirements identified in Article Xll of Ordinance No. 348.
a
- EXHIBIT A, page l7 -
SECTION 17.73 S.P. ZONE REQUIREMENTS AND STANDARDS FOR SPECIFIC PLAN NO. 260.
RI
\/
$rrlll
l, Stephanie Roseen, City Clerk of the City of Menifee, do hereby certify that the foregoing
Ordinance No. 2022-356 was duly adopted by the City Council of the City of Menifee at a
meeting thereof held on the sth day of Octobet,2022 by the following vote:
Ayes: Liesemeyer, KaMin, Sobek, Zimmerman,Noes: NoneAbsent: DeinesAbstain: None
ie Acting City Clerk
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)
)
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF MENIFEE