2023-369 Battery Energy Storage System DevelopmentORDINANCE NO. 2023-369
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, FINDING THAT PROPOSED DEVELOPMENT CODE
AMENDMENT NO. LR 22-0130 IS EXEMPT FROM ENVIRONMENTAL
REVIEW AND ADOPTING PROPOSED DEVELOPMENT CODE
AMENDMENT NO. LR 22-0130 TO AMEND THE MENIFEE MUNICIPAL
CODE AND MENIFEE NORTH SPECIFIC PLAN NO. 260 ZONING
ORDINANCE RELATING TO BATTERY ENERGY STORAGE SYSTEM
WHEREAS, prior to adoption of Development Code Amendment No. LR 22-
0130, provisions of the City of Menifee Municipal Code did 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 standards; and
WHEREAS, on June 2, 2022, the Riverside County Airport Land Use Commission
(ALUC) found Development Code Amendment No. LR 22-0130 (Development Code
Amendment, attached hereto as Exhibit "A") consistent with the 2014 March Air Reserve
Base/Inland Port Airport Land Use Compatibility Plan and the 2010/2011 Perris Valley
Airport Land Use Compatibility Plan; and
WHEREAS, Development Code Amendment LR 22-0130, as adopted by City of
Menifee City Council on October 5, 2022, consisted 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, Development Code Amendment LR 22-0130, as adopted by City of
Menifee City Council on October 5, 2022, amended 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 Battery Energy Storage Systems, subject to the above -
referenced Chapter 9.300; and
WHEREAS, on June 8, 2022, the 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
Page 1 -
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
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 22-0130 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, and
voted 4-0-1 to introduce and conduct 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, the City Council conducted a second reading
and approved and adopted Ordinance No. 2022-356; and
WHEREAS, the Chapter numbering listed within the Ordinance adopted on
October 5, 2022 was previously occupied by an existing Chapter of the City of Menifee
Development Code (i.e., Chapter 9.300, "Universal Definitions"); and
WHEREAS, on March 15, 2023, the City Council held a duly noticed public
hearing concerning the Ordinance to approve the Development Code Amendment to
rectify the numbering conflict and to assign a new Chapter number to the previously
approved Development Code Amendment No. LR 22-0130.
WHEREAS, on April 5, 2023, the City Council conducted a second reading of the
Ordinance to approve the Development Code Amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES
ORDAIN AS FOLLOWS:
Section 1: The proposed zone or amendments to this Title is consistent with the
intent of the goals and policies of the General Plan.
Consistency with General Plan
The proposed modification to Development Code Amendment No. LR 22-
0130 includes only an editorial change which would rectify the above -
described numbering conflict and would assign Chapter 9.297 in all cases
where it had previously listed Chapter 9.300. Therefore, this modification
would not conflict with the goals or policies of the General Plan.
Page 2 -
Section 2: The proposed zone or amendments to this Title (the Zoning and
Development Code) prescribes reasonable controls and standards to
ensure compatibility with other established uses.
Development Code Amendment LR 22-0130 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 development standards will
continue to promote the strategic and controlled growth.
Section 3: The proposed zone or amendments to this Title provides reasonable
property development rights while protecting environmentally sensitive
land uses and species.
The currently proposed modifications to Development Code Amendment
LR 22-0130 will make only editorial modifications to the existing
Development Code. The reasonable property development rights of
landowners will not be impacted. Development Code Amendment LR 22-
0130 is intended to preserve the character of the city while creating a
framework for thoughtful and compatible growth.
Section 4: The proposed zone or amendments to this Title ensures protection of the
general health, safety and welfare of the community.
Development Code Amendment LR 22-0130 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.
Section 5: Compliance with California Environmental Quality Act (CEQA).
Processing and approval of the Development Code Amendment is in
compliance with the requirements of CEQA.
The adoption of the Development Code Amendment does not fall within
the definition of a "project" under CEQA because, as an editorial change
to the Municipal Code, it does not have the potential to result 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)). In 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 significant impact on the physical environment (CEQA Guidelines
15061) and because, per Section 15061(b)(3), it can be seen with
Page 3 -
certainty to have no possibility of a significant effect upon the
environment.
Section 6: 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 red text indicating the
additions.
Section 7: 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 to be entered in the Book of
Ordinances of the City of Menifee.
Section 8: Effective Date. This Ordinance shall take effect and be in full force and
operation thirty (30) days after its adoption.
Section 9: Severability. If 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 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. 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 INTRODUCED AND READ ON THE 15TH DAY OF
MARCH, 2023 AND APPROVED AND ADOPTED THIS 5T" DAY OF APRIL, 2023.
Attest:
Ka Vi son, sting City Clerk
Approvo as to form:
11-VA,
Bill Zim a n, ayor
Page 4 -
Fxhihit "A"
Article 3: Zones
Chapter 9.135 Commercial and Industrial Zones
Sections:
9.135.030 Allowed Uses and Approval Requirements
A. Allowed Use Table. 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 zone.
B. Approval Requirements. Where indicated with a letter "P" the use shall be
a permitted use. A letter "C" indicates the use shall be conditionally permitted
subject to the approval of a conditional use permit. Where indicated with a
the use is prohibited within the zone. The Additional Requirements column in the
table identifies additional use 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 use without 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 Community Development Director may make
a determination pursuant to Chapter 9.95 (Similar Use Determination) that new uses
not listed here that have substantially similar characteristics to specific listed
permitted uses may be considered permitted as the similar use by right, or
conditionally as appropriate.
Table 9.135.030-1 Commercial and Industrial Zones —Allowed Ustts
and Approval
Requirements
][Co,
8P Ht
Adult businesses
-- -
See Ordinance XX
Airport
—
--
C
Ambulance services
C
C
P
P
Amusement arcade
P
C
—
Amusement park, (including multiple activities such as simulated flying,
racing, mini -golf, etc.)
P
P
Indoor
C
C
Outdoor
Animals, Small (e.g. hamsters, rabbits, chinchillas, and similar sized animals)
Chapter
Non -Commercial
9.235 (Animal Keeping)
Commercial
P
P
p
p
- EXHIBIT A, page 1 -
Table 9.135.030-1 Commercial and Industrial Zones —Allowed Uses and Approval
Requirements
Animal hospitals and veterinary services
P
P
C
(with outdoor facilities)
C
C
--
Animal Rescue
C
C
Chapter
9.235 (Animal Keeping)
Antique shops, pawn shops, thrift stores
P
C
Outside collection bins
prohibited
Art gallery, library, reading room, museum.
P
P
Art supply shops and studios.
P
P
P
Auction Houses
P
P
Auditoriums, event centers and assembly areas, including live
entertainment:
Indoor
p
C
p
Outdoor
C
C
Bakery goods distributors.
P
P
P
Bakery shops, Coffeehouse, Cybercafe, Delicatessens, Ice cream shops
P
P
P
Banks and financial institutions.
P
P
P
Banquet facilities.
C
C
Batting cages — indoor
P
C
Outdoor
C
C
Billiard and pool halls, Bowling alleys
P
P
Chapter
9.250 (Alcohol Sales)
Breweries, distilleries, and wine making facilities with on -site tasting room
Chapter 9.250 (Alcohol
and sales for off -site consumption
C
P
Sales)
Business services
P
P
P
Car washes
P
--
C
Caretaker residence or on -site operator residence, only as accessory
to primary use
C
C
C
C
Catering services
P
P
Cemeteries and mausoleums
C
C
Clinics, including but not limited to medical and urgent care
C
C
C
Collection Containers
Commercial television and radio broadcast structures
P
Concrete batch plants and asphalt plants
C
Chapter
Congregate care facility
C
C
--
9.270 (Community
Care Facilities)
Contractor, landscape and building materials storage yard
C
C
Convenience stores, not including the sale of motor vehicle fuel
P
P
Dance Halls, night clubs, discos, cabarets, cocktail lounges, lodges and
Chapter 9.250 (Alcohol
incidental dancing areas, and similar facilities where dancing is the
C
C
principal use
Sales)
Chapter
Day Care Center
P
C
C
9.270 (Community
Care Facilities)
Department stores
P
P
Drug Store
P
P
Dry cleaning and laundromats (except uniform supply
and industrial launderers);
P
C
C
- EXHIBIT A, page 2 -
Table 9.135.030-1 Commercial and Industrial Zones — Allowed Uses
and Approval
Requirements
CR
ii
CO BP HI
Educational Institution C
C C C
In locations specified
Emergency shelters
P
in the Housing
Element
Battery Energy Storage Facility, Utility Scale
C
C
Chapter 9.297 (Energy
Storage Facilities)
Equipment sales and rental, Large (including large vehicles, trucks with beds
over 18 feet in length, eighteen plus (18+) wheelers, and construction
C
equipment)
Equipment sales and rental, Small (including rototillers, power mowers,
sanders, power saws, cement and plaster mixers not exceeding 20 cubic feet
P
C
C
in capacity and other similar equipment)
Fast food/quick service, with drive -through
C
C
C
Fast food/quick service, without drive -through
P
P
P
Feed and grain sales
C
P
Fertilizer production and processing (organic or inorganic)
C
Funeral parlor, mortuary with crematorium
C
C
Funeral parlor, mortuary without crematorium
P
C
C
Gas station with/without convenience store, with or without alcoholic
beverage sales, 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
Governmental facility
P
P
P
P
Grocery Store
P
Chapter 9.250 (Alcohol
Sales)
Hardware and Building Supplies
without outdoor sales/storage
P
P
P
with outdoor sales/storage
C
C
C
Health, fitness, dance, martial arts studio
<5,000 sq.ft.
P
C
P
>5,000 sq.ft
C
C
C
Heliports
C
C
Hos itaI
C
C
Hotels and resort hotels
P
C
C
Kennel or cattery
C
C
Chapter
g 235 (Animal Keeping)
Laboratories, research and development
P
P
P
Live/work units
C
C
C
Lumberyard
C
Manufacturing, Handcraft
P
P
P
P
Manufacturing, Light -Intensity
C
P
P
Manufacturing, Medium -Intensity
C
C
P
Manufacturing, Heavy -Intensity
P
Marijuana dispensaries, mobile mariivana dispensaries, marijuana
cultivation, and mariivana processing
- EXHIBIT A, page 3 -
Table 9.135.030-1 Commercial and Industrial Zones — Allowed Uses and Approval Requirements
(=R CG BP HI
Massage Establishment C C
Material storage yard
C
P
Membership clubs, organizations, and lounges
C
C
C
Mobile home sales and storage, trailer sales and rental house trailers
C
C
C
Motels
C
Motocross Facilities, Bicycle (BMX) course
Chapter 9.240 (Motor
Vehicle and Related
Motor vehicle body, paint and upholstery shops
C
C
P
Uses)
Motor vehicle parts and supply stores
P
C
Motor vehicle repair/services (e.g. tune-ups, emission tests, brakes, tires,
Chapter 9.240 (Motor
Vehicle and Related
batteries, electrical)
P
--
C
P
Uses)
Motor vehicle repairs/services - major (e.g., engine and transmission
Chapter 9.240 (Motor
Vehicle and Related
repair/rebuild, etc.)
C
P
Uses)
Motor vehicle sales and rental (including outdoor display area and repairs
Chapter 9.240 (Motor
Vehicle and Related
associated with sales)
C
C
Uses)
Motor vehicle wholesale, with no outdoor display
P
P
P
P
Chapter 9.240 (Motor
Vehicle and Related
Motor vehicle impound, wrecking and sunk yards
C
Uses)
C
Chapter 9.240 (Motor
Motor vehicle, trailer or boat storage
(indoor
C
Vehicle and Related
only)
Uses)
Does not include
Nurseries and garden supply, indoor and outdoor (retail sales only)
P
P
cultivation
of mari•uana cannabis.
Offices, professional and medical
P
P
P
--
Parking lots and parking structures
P
P
P
P
Personal and Professional Services
P
P
Public utility substations and storage buildings
P
Radio and television broadcasting and recording studios
P
P
Chapter 9.240 (Motor
Vehicle and Related
Recreational vehicle, trailer and mobile home sales and rental.
C
C
C
Uses)
Chapter
Recycling collection facilities
C
C
C
9.280 (Recycling
Facilities)
Chapter
Recycling processing facilities
C
C
9.280 (Recycling
Facilities)
Religious institutions
P
P
P
P
Restaurant
P
P
P
P
Chapter 9.250 (Alcohol
sales)
Chapter
Residential care facility
C
9.270 (Community
Care Facilities)
Restaurants with breweries, distilleries and/or wine making facilities with
Chapter 9.250 (Alcohol
sales for on -site and off -site consumption
C
C
C
C
sales)
- EXHIBIT A, page 4 -
Table 9.135.030-1 Commercial and Industrial Zones — Allowed Uses
and Approval
Requirements
CR
CC) BP HI
Self -Storage, public storage facilities C
C P
Shooting ranee; Indoor
C
Shooting range; Outdoor
Simulated shooting games, Indoor (laser tag, 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 parks 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
P
Swap Meets (Indoor only)
C
C
All activities must beconducted
indoors.
Tattoo Establishments
C
C
C
Chapter 9.265 (Tattoo
Establishments)
Theater
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
Transportation Stations (bus, railroad and taxi)
P
P
P
P
Trucking and freighting operations
C
Uniform supplier and industrial launderers
C
P
Utility offices, uses, and structures
P
P
P
P
Vehicle storage and impoundment within an enclosed building
P
P
Vocational/trade school;
C
P
C
Warehouse/club store, Standalone facility 50,000 sq. ft. or larger
C
C
Wholesale businesses with samples on the premises but not including
storage
P
P
Wholesale stores and distributors
C
Chapter
Wireless Communication Facilities
C
C
C
C
9.290 (Wireless
Communications
Facilities)
- EXHIBIT A, page 5 -
Article 5: Special Use Standards
Chapter 9.297 Energy Storage Facilities
Contents:
9.297.010 Purpose
9.297.020 Classification of Energy Storage Facilities
9.297.030 Applicability
9.297.040 Development Standards
9.297.050 Decommissioning
9.297.060 Performance Measures and Standard Conditions of Approval
9.297.070 Finding of Economic Benefit; Public Benefit Agreement; Exempt
Projects
9.297.010 Purpose
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 establishing 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.
9.297.020 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 electrochemically. For the purposes of this chapter, batteries utilized
in consumer products are excluded from these requirements.
2. 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 conditions
3. Battery Energy Storage System: A system consisting of electrochemical, 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, page 6 -
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
decontamination, 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 Storage System: A system which stores energy and releases it in the same
form as was input.
9.297.030 Applicability
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.
9.297.040 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 grade 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, page 7 -
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. Said perimeter landscaping shall be no less than the
applicable required 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 parking 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, page 8 -
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
Mitigation 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.
9.297.050 Decommissioning
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 system 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 disposal regulations;
c. The anticipated life of the battery energy storage system;
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 during decommissioning and
confirmed as being acceptable after the system is removed; and
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. If the owner of the battery energy storage 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
- EXHIBIT A, page 9 -
notification to the Community Development Department in writing. The project 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 project or approvals will be subject to the same review
and approval processes for new applications under this chapter.
9. .060 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.
a. Facilities shall not store any products, goods, materials, or containers outside of any building
on -site.
b. Facilities shall comply with Chapter 9.210 Noise Control Regulations of the City of Menifee
Municipal Code.
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.
d. Prior to the issuance of a Certificate of Occupancy or Business License, any operator of an
energy storage facility shall sign a statement acknowledging acceptance of all operational
conditions of approval associated with the approved entitlements for the facility.
9. .070 Finding of Economic Benefit; 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. Infrastructure 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 10 -
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 24454.10.
- EXHIBIT A, page 11 -
Article 6: Definitions
Chapter 9.300 Universal Definitions
Sections:
9.300.030 "B" Definitions
Balcony. A platform that rp olects from the wall of a building, typically above the first level, and
is surrounded by a rail, balustrade or parapet.
Bar. Premises 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 electrochemically. 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
conditions
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
photovoltaic 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 land use from another land use.
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 impacts.
Buildable Area/Building Envelope. The area of a lot remaining after the minimum setback
and open space requirements have been met; the area within which primary and accessory
structures may be located, unless an encroachment into the setback is otherwise permitted.
- EXHIBIT A, page 12 -
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Sidewalk
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yard I Bulklable area I y,,rcl
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Property line (defines parcel area)
Building. Any structure having a roof, or fully enclosed by walls, and intended for the shelter,
housing or enclosure of persons, animals or property.
Building, Accessory. See Structure, Accessory.
Building Height. Building height shall be measured in accordance with Section in 9.195.040.A
(Height Measurement).
Building Permit. Written permission issued by the City for the construction,
repair, alteration or addition to a structure or building.
Building, Primary. A building in which the principal use 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, development and testing, photo finishing
and model building.
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 family day care home (see Family Day Care 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
decontamination, dismantlement, rehabilitation, landscaping and monitoring. The plan contains
- EXHIBIT A, page 13 -
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.
Dedication. The transfer of property, such as streets and roads or other public usage, to a
public agency or utility for specific purposes.
Density. The number of dwelling units, households or housing structures per unit of land.
Density Transfer. The transfer of all or part of the permitted density from one parcel to
another parcel.
Detached. Any building or structure that does not have a wall or roof in common with any
other building or structure.
Developer. The legal or beneficial owner or owners of property to 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 property.
Development. Any man-made change to improved or unimproved real estate, including but
not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation
or drilling operations, or storage of equipment or materials.
Development Agreement. A contract between the CitV and a developer through which
the developer receives vested rights to construct a rp oiect 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 CSC which prescribes standards and regulations for land
use and development.
Development Rights. The legally established right to develop land by a party.
Director. The Community Development Director of the City of Menifee or his/her designee.
Discretionary Decision. An action taken by a governmental agency that calls for the exercise
of judgment in deciding whether to approve and/or how to carry out a project.
District. A zone or geographic area in the municipality within which certain zoning
or development regulations apply.
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 development.
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 building through a window, kiosk 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 containing parking spaces, loading, storage or refuse collection areas.
- EXHIBIT A, page 14 -
Dwelling. A structure or portion thereof which is used for human habitation, including
provision for living, sleeping, eating, cooking and sanitation.
Single Family, Attached. A dwelling unit designed for occupancy by one household,
located on a single lot and typically grouped together with similar units. They may
be attached through vertical party wall(s) to one or more dwellings on abutting lots or
may be joined by carports or garages.
Single Family, Detached. A dwelling unit designed for occupancy by one household and
located on a separate lot from any other dwelling, except permitted accessory dwelling
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 building on a lot that contains two dwelling units or two single -
unit dwellings on the same lot. Duplex does not include a single family dwelling with
an accessory dwelling unit on the same lot, which is an accessory residential unit as
defined by State law and this Title (see Accessory Dwelling Unit).
Multiple Family. A single building on a lot that contains three or more dwelling units or
three or more single -unit dwellings on the same lot, or any combination thereof.
- EXHIBIT A, page 15 -
Menifee North Specific Plan No. 260, Amendment 3
ORDINANCE 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:
SECTION 17.73 S.P. ZONE REQUIREMENTS AND STANDARDS FOR SPECIFIC PLAN NO. 260.
a. 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 XII, Section 12.2 of Ordinance No.
348, in addition Utility -Scale Battery Energy Storage Systems are permitted
subject to Chapter 9.297 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 XII, Section 12.4 of
Ordinance No. 348. However, the development standards of Chapter 9.297
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 XII of Ordinance No. 348.
- EXHIBIT A, page 16 -
ENIFE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, A. Kay Vinson, City Clerk of the City of Menifee, do hereby certify that the foregoing
Ordinance No. 2023-369 was duly adopted by the City Council of the City of Menifee at a
meeting thereof held on the 51h Day of April 2023 by the following vote:
Ayes:
Deines, Estrada,
Noes:
None
Absent:
None
Abstain:
None
Karwin, Sobek, Zimmerman
I . A�Cd J-A �
a—,
A. ay &son Acting City Clerk