PC23-591RESOLUTION PC 23-591
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING PLOT PLAN NO. PLN 22-0154
AND CONDITIONAL USE PERMIT NO. PLN 22-0155 FOR A BATTERY
ENERGY STORAGE SYSTEM DEVELOPMENT KNOWN AS NOVA
POWER BANK PROJECT LOCATED EAST OF ANTELOPE ROAD,
SOUTHWEST OF MATTHEWS ROAD, WEST OF SAN JACINTO
ROAD, AND NORTH OF MCLAUGHLIN ROAD (APN 331-180-021 AND
-022)
WHEREAS, on June 7, 2022, the applicant, Nova Power, LLC, filed a formal
application with the City of Menifee for a Plot Plan application (PLN 22-0154) and a
Conditional Use Permit application (PLN 22-0155) for the development of a battery
energy storage system with a capacity of 680 MW on a 44.22 gross acre project site
east of Antelope Road, southwest of Matthews Road, west of San Jacinto Road, and
north of McLaughlin Road; and,
WHEREAS, on October 5, 2022, the City Council approved and adopted
Ordinance No. 2022-356 for Development Code Amendment LR 22-0130, which
consisted of four main code amendments to the Menifee Municipal Code: (1) update to
Title 9, Article 3 ("Zones"); (2) Section 9.135.030 ("Allowed Uses and Approval
Requirements"), Article 5 ("Special Use Standards"), Chapter 9.300 ("Energy Storage
Facilities"); (3) Article 6 ("Definitions"); and (4) an amendment to zoning text of the
Menifee North Specific Plan No. 260 to include Battery Energy Storage as an allowable
use; and,
WHEREAS, on April 5, 2023, the City Council approved a 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; and,
WHEREAS, on April 26, 2023, the Planning Commission held a duly noticed
public hearing on the project, considered all public testimony as well as all materials in
the staff report and accompanying documents for Plot Plan No. PLN 22-0154 and
Conditional Use Permit No. PLN 22-0155, which hearing was publicly noticed by a
publication in the newspaper of general circulation (The Press Enterprise), an agenda
posting, and notice to property owners within 725 feet of the project boundaries, and to
persons requesting public notice.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Menifee makes the following Findings:
Section 1: Consistency with the General Plan. The proposed design and location of
the project is consistent with the adopted General Plan and any
applicable specific plan:
Consistency with General Plan
The project site is designated Menifee North Specific Plan No 260
according to the City of Menifee General Plan. The purpose of a specific
plan is to provide detailed policies, standards, and criteria for the
development or redevelopment of an area.
Plot Plan No. PLN 22-0154 & Conditional Use Permit No. PLN 22-0155
April 26, 2023
Within the Menifee North Specific Plan No. 260, Planning Area 3
(Industrial), industrial uses are envisioned. This Industrial designation is
intended to support the commercial uses in the region and to blend in with
the adjacent industrial uses. Within Planning Area 3, battery energy
storage systems are allowed with approval of a Conditional Use Permit.
The utility -scale battery energy storage system is important to the region
because it will provide storage for electrical energy from the grid for future
discharge to the grid when customer demand is high and to provide grid
reliability support. The project will connect electrically to the nearby
Southern California Edison's Valley Substation using the interconnection
facilities already in place from the decommissioned Inland Empire Energy
Center that was formerly located on the project site.
In addition, the project is consistent with the following City of Menifee
General Plan policies:
Project Design
CD-3.5 Design parking lots and structures to be functionally and
visually integrated and connected; off-street parking lots should not
dominate the street scene.
Perimeter landscaping is already existing, but will be supplemented
and enhanced, to visually screen the parking lot, drive aisles, and the
proposed and existing structures from surrounding roadways along.
CD-3.9 Utilize Crime Prevention through Environmental Design
(CPTED) techniques and defensible space design concepts to
enhance community safety.
The project is required to include security cameras and the site has
been designed to limit concealed areas to allow for greater visibility
and security.
Building Design
CD-3.10 Employ design strategies and building materials that evoke
a sense of quality and permanence.
The project includes decorative perimeter block walls where highly
visible from the street to screen views of the proposed battery
enclosures units and the project is replacing the existing perimeter
chain -link fencing with tubular steel fencing in areas visible to the
public, but where the battery enclosures would be either screened or
set back and thus less visible.
Economic Development
• ED-1.4 Provide sufficient infrastructure to serve the full buildout of
the City.
Plot Plan No. PLN 22-0154 & Conditional Use Permit No. PLN 22-0155
April 26, 2023
As previously stated, the project would provide storage for electrical
energy from the grid for future discharge to the grid when customer
demand is high and to provide grid reliability and would therefore aid
in providing sufficient infrastructure to serve the full build -out of the
City.
Utilities and Infrastructure
LU-3.2 Work with utility provides to increase service capacity as
demand increases.
As previously stated immediately above, the project would provide
storage for electrical energy from the grid for future discharge to the
grid when customer demand is high and to provide grid reliability.
Lighting
• CD-6.5 Limit light leakage and spillage that may interfere with the
operations of the Palomar Observatory.
The project is required for all lighting fixtures to comply with Menifee
Municipal Code Chapter 6.01, "Dark Sky Ordinance," which will have
the effect of limiting leakage and spillage of light. All lighting is to be
down -shielded as described above.
The project and the properties situated to the west and east of the project
site share the same General Plan designation (i.e., Menifee North
Specific Plan). Properties to the west also include properties designated
Heavy Industrial (HI). Properties to the south are designated Public Utility
Corridor (PUC). And properties to the north are designated Heavy
Industrial (HI)
The project is compatible with the surrounding uses and augments and
supports the land uses in the vicinity of the project.
Consistency with Multiple Specie Habitat Conservation Plan (MSHCP)
The City of Menifee has two (2) active conservation plans within the City's
boundary, the Western Riverside County MSHCP, and the Stephens'
Kangaroo Rat Habitat Conservation Plan (SKR-HCP). The subject site is
within the jurisdiction of the SKR-HCP and the Western Riverside County
MSHCP. The project site is located inside the Stephen's Kangaroo Rat
(Dipodomys stephens►) (SKR) Fee Area. The project is located within the
boundaries of the Western Riverside County Multiple Species Habitat
Conservation Plan; however, the project is not located with a Criteria Cell
or Cell Group. The project will be subject to the payment of fees for a
commercial project consistent with City of Menifee Municipal Code
Chapter 8.27 and Ordinance 663 as adopted by the City of Menifee.
Therefore, the project will not conflict with the provisions of the adopted
HCP, Natural Conservation Community Plan, or other approved local,
Plot Plan No. PLN 22-0154 & Conditional Use Permit No. PLN 22-0155
April 26, 2023
regional, or State conservation plan and the impact is considered less
than significant.
Section 2: Consistency with the Zoning Code. The proposed Project meets all
applicable standards for development and provisions of this Title,
including any specific use regulations.
The project site is zoned Menifee North Specific Plan (SP-11), Planning
Area 3. The project and the properties situated to the west and east of
the project site share the same zoning classification (i.e., Menifee North
Specific Plan). Properties to the west also include properties zoned
Heavy Industrial (HI). Properties to the south are zoned Public Utility
Corridor (PUC). And properties to the north are zoned Heavy Industrial
(HI). These zoning classifications are all compatible with the zoning for
the project site.
The proposed project requires the processing of a Plot Plan, as well as a
Conditional Use Permit to allow for the utility -scale battery energy storage
system. Chapter 9.297 includes special use standards for "energy
storage facilities." The proposed project will comply with all applicable
standards found within this Chapter of the City's Development.
The project was also reviewed against the remainder of the City's
Development Code. The design of the project is consistent with the
development standard of the Development Code. Therefore, the
proposed design and location of the Plot Plan meets all applicable
standards of development and operation of the City's Development Code,
including any applicable specific use regulations.
Section 3: Surrounding Uses. That the proposed site is adequate in size and shape
to accommodate the conditional use in a manner that is compatible with
existing and planned uses in the vicinity. The establishment,
maintenance, designation, location and operation of the proposed project
will not be detrimental to the health, safety, or general welfare of persons
residing or working in the neighborhood of such use or to the general
welfare of the City, or materially injurious to uses, properties or
improvements in the vicinity.
The project site is located east of Antelope Road, southwest of Matthews
Road, west of San Jacinto Road, and north of McLaughlin Road. Uses
surrounding the project site include a concrete asphalt production facility
to the north, vacant lot to the east (with an application for a similar battery
energy storage system facility currently in process), a storm water
drainage channel and electric power transmission line corridor to the
south, and vacant lots and surface lot storage facilities to the west.
The project is compatible with the surrounding land uses, General Plan
land use designations, and zoning classifications and is adequately sized,
shaped, designed and located to accommodate the proposed uses. As
noted above in Sections 1 and 2, the project includes a use that is
compatible and serves the region's residents and businesses.
Plot Plan No. PLN 22-0154 & Conditional Use Permit No. PLN 22-0155
April 26, 2023
The project incorporates ample perimeter landscaping and walls/fencing,
in accordance with the Energy Storage Facility (Chapter 9.297)
development standards, which will enhance the area.
The project has been reviewed by a variety of departments to ensure
compliance with applicable regulations, including, but not limited to City of
Menifee Building and Safety, Engineering and Public Works, Riverside
County Fire, and Riverside County Environmental Health. These
Departments have also provided conditions of approval as appropriate to
ensure compliance with applicable regulations.
Environmental impacts resulting from the project have been analyzed in
an Initial Study/Mitigated Negative Declaration (IS/MND). The IS/MND for
the project determined that impacts would all be less than significant with
the incorporation of the required mitigation measures. Therefore, the
project 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 project vicinity.
Section 4: Compliance with CEQA. Processing and approval of the permit
application are in compliance with the requirements of the California
Environmental Quality Act.
An IS/MND has been completed for the project and adopted by the
Planning Commission pursuant to Resolution PC 23-590. The Plot Plan
and Conditional Use Permit at issue are consistent with the MND, which
the Planning Commission has considered as part of its proceedings. No
new environmental impacts have been identified and no further
environmental review is required for this project.
A Mitigation Monitoring and Reporting Plan (MMRP) was prepared and
identifies all mitigation measures that will be required for the project.
Plot Plan No. PLN 22-0154 & Conditional Use Permit No. PLN 22-0155
April 26, 2023
PASSED, APPROVED AND ADOPTED this the 26th day of April 2023.
Approv d as to form:
Thai Phan, Assistant City Attorney
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achel Valenci , cting Deputy City Clerk
STATE OF CALIFORNIA )
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CITY OF MENIFEE )
I, Rachel Valencia, Acting Deputy City Clerk of the City of Menifee, do hereby certify that the
foregoing Planning Commission Resolution No. PC23-591 was duly adopted by the Planning
Commission of the City of Menifee at a meeting thereof held on the 261h day of April, 2023 by the
following vote:
Ayes: Diederich, LaDue, Long, Madrid, Thomas
Noes: None
Absent: None
Abstain: None
0
achel Valencia
Acting Deputy City Clerk