PC23-590RESOLUTION PC 23-590
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA ADOPTING A MITIGATED NEGATIVE
DECLARATION FOR A MAJOR PLOT PLAN (PLN22-0154) AND A
MAJOR CONDITIONAL USE PERMIT (PLN22-0155) 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, pursuant to the requirements of the California Environmental Quality
Act (CEQA), an Initial Study ("IS") and Mitigated Negative Declaration ("MND") have
been prepared to analyze and mitigate the project's potentially significant environmental
impacts; and
WHEREAS, between April 3, 2023, and April 24, 2023, the twenty-(20)-day
public review period for the Draft IS/MND took effect, which was publicly noticed by a
publication in a newspaper of general circulation (The Press Enterprise), notice to
owners within 725 feet of the project site boundaries, related agencies and government
agencies; and
WHEREAS, on April 26, 2023, the Planning Commission of the City of Menifee
held a public hearing on the project, considered all public testimony as well as all
materials in the staff report and accompanying documents for the adoption of the Initial
Study/Mitigated Negative Declaration for Plot Plan No. PLN 22-0154 and Conditional
Use Permit No. PLN 22-0155, which hearing was publicly noticed by a newspaper of
general circulation, an agenda posting, notice to property owners within 725 feet of the
project boundaries, on -site posting at the project site, and to persons requesting public
notice; and
WHEREAS, the City has complied with CEQA and the IS/MND is an accurate
and objective statement that fully complies with CEQA, the CEQA Guidelines and
represents the independent judgment of the City; and
WHEREAS, no evidence of new significant impacts, as defined by CEQA
Guidelines Section 15088.5, have been received by the City after circulation of the draft
IS/MND which would require re -circulation.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Menifee makes the following Findings:
Section 1: The Planning Commission finds on the basis of the evidence presented
and the whole record before it, including the IS/MND, which is attached
IS/MND for Nova Power Bank Project
April 26, 2023
hereto as Exhibit "A," and any comments received, that there is no
substantial evidence that the project, as mitigated, will have a significant
effect on the environment.
Section 2: The Mitigation Monitoring and Reporting Plan ("MMRP"), a copy of which
is attached hereto as an appendix to Exhibit "A" and incorporated herein
by reference, will assure compliance with the mitigation measures during
project implementation.
Section 3: The Planning Commission further finds that the adoption of the MND
reflects the Planning Commission's independent judgment and analysis.
Section 4: The MND, all documents referenced in the MND, and the record of
proceedings on which the Planning Commission's decision is based are
located at City of Menifee City Hall at 29844 Haun Road, Menifee, CA
92586, and the custodian of record of proceedings is the City of Menifee
City Clerk.
Section 5: The City of Menifee Planning Commission adopts an MND for the project
including, but not limited to the Mitigation Monitoring and Reporting Plan,
as attached to the MND.
PASSED, APPROVED AND ADOPTED this the 26th day of April 2023:
Attest:
0
R chel Valencia, Acting Deputy City Clerk
Approved as to form:
Tha han, Assistant City Attorney
2
J e, Chairman
NOVA POWER BANK
LAND USE AND DEVELOPMENT DOCUMENTS
26226 ANTELOPE ROAD, CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
A PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN
BERNARDINO BASE AND MERIDIAN
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Nova Power Bank
DRAFT Final Initial Study/Mitigated Negative Declaration
Mitigation Monitoring and Reoorting Program
Monitor
(Signature Required)
Responsibility for
Responsibility for
(Date of
Mitigation Measures
Implementation
Timing
Monitoring
Compliance)
nazaras
MM HAZ-1: If potentially contaminated soil is identified during site Qualified
During ground
City of Menifee
disturbance activities for the Project, as evidenced by discoloration, odor, Environmental
disturbing activities
Public Works
detection by instruments, or other signs, a qualified environmental Professional
Department
professional shall inspect the site, determine the need for sampling to confirm
the nature and extent of contamination, and provide a written report to the
Master Developer, Site Developer, or Lead Agency, as applicable, stating the
recommended course of action. Depending on the nature and extent of
contamination, the qualified environmental professional shall have the
authority to temporarily suspend construction activity at that location for the
protection of workers or the public. If, in the opinion of the qualified
environmental professional, substantial remediation may be required, the Site
Developer, or Lead Agency, as applicable, shall contact representatives of the
Riverside County Fire Department and/or DTSC for guidance and oversight and
shall comply with all performance standards and requirements of the
respective agency for proper removal and disposal of contaminated materials.
In addition, any activities which will disturb portions ofthe property subject to
a land use covenant (LUC) (e.g., excavation, grading, removal, trenching, filling
or earth movement) shall require proper notification to DTSC in accordance
with the terms of the LUC.
April 2023
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
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. PC23-590 was duly adopted by the Planning
Commission of the City of Menifee at a meeting thereof held on the 26th day of April, 2023 by the
following vote:
Ayes: Diederich, LaDue, Long, Madrid, Thomas
Noes: None
Absent: None
Abstain: None
6
ache) Valencia
Acting Deputy City Clerk