City of Industry Municipal Code Ch. 17.50 Battery Energy Storage System Facilities

This chapter shall be referred to as the "City of Industry Battery Energy Storage System Facilities Ordinance."

Should there be a conflict between the provisions of this chapter and other sections of the City of Industry Zoning Code, this chapter shall control.

(Ord. 841, 2/26/2026)

Battery energy storage system facility regulations are adopted with the intent of advancing and protecting the public health, safety, and welfare of the city of Industry by establishing regulations for the installation and use of energy storage systems. The regulations herein are intended to protect the health, welfare, safety, and quality of life for the general public.

(Ord. 841, 2/26/2026)

A. Definitions. For the purposes of this chapter, the following definitions shall apply:

Battery Energy Storage System (Utility Scale).

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 and will connect to a public utility grid not to include a stand-alone 12-volt car battery or an electric motor vehicle. A battery energy storage system is a type of energy storage system.

Decommissioning Plan.

A plan to retire the physical facilities of the battery energy storage system, 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 time limit for decommissioning and site rehabilitation.

Energy Storage System.

A system which stores energy and releases it in the same form as was input, to a public utility grid.

(Ord. 841, 2/26/2026)

A. The requirements of this chapter shall apply to utility-scale battery energy storage system facilities permitted, installed, or modified after the effective date of the ordinance codified in this chapter, excluding general maintenance and repair and facilities subject to subsection C.

B. Utility-scale battery energy storage system facilities constructed or installed prior to the effective date of the ordinance codified in this chapter, shall not be required to meet the requirements of this section. Modifications to, retrofits or replacements of an existing battery energy storage system facility that increases the total energy storage system designed discharge duration or power rating shall be subject to this chapter.

C. To the extent permitted by state law, the provisions of this chapter may not apply to battery energy storage system facilities that are subject to Division 15 (commencing with Section 25545) Public Resources Code Chapter 6.2, as amended.

(Ord. 841, 2/26/2026)

Battery energy storage system facilities are permitted subject to approval of a conditional use permit pursuant to Chapter 17.48; design review pursuant to Chapter 17.36 of this title, and approval of a development agreement, and/or community benefit agreement as determined by the city manager.

(Ord. 841, 2/26/2026)

A. A battery energy storage system facility is only permitted in the industrial zone (M), but shall not be located on a parcel in a very high fire hazard severity zone, based on city adopted maps.

B. Battery energy storage system facilities shall not be constructed further than one-half mile from the connecting utility, as measured from the nearest point of each parcel boundary.

(Ord. 841, 2/26/2026)

A. Battery energy storage system facilities must meet all applicable standards of the adopted Building and Safety Codes and of the adopted Fire Codes in effect on the date an application is submitted to the respective reviewing authority, and any other applicable laws, rules, or regulations.

B. Battery energy storage system facilities shall be a minimum of two and one-half acres in size.

C. Battery energy storage system facilities shall comply with the site design requirements set forth below in addition to all other applicable sections of the city of Industry Zoning Code:

1. Site Layout of BESS Units. In accordance with the Fire Code, separation distances between BESS units, enclosures, and groups of BESS units/enclosures, and setback distances from sensitive exposures, shall be validated by large-scale fire testing or modeling, as specified and approved by the Los Angeles County Fire Department.

2. Battery energy storage system facilities shall not be located within one hundred feet of any residential uses as measured from the nearest point between the energy storage system enclosures to property line of the residential use.

3. Where visible from a public right-of-way, the site shall be fully enclosed by a minimum six-foot solid wall. Where not visible from a public right-of-way, the site shall be enclosed by a minimum ten-foot solid wall fencing. Said wall or fencing shall be located on the perimeter of the site, notwithstanding placement of wall or fencing to address safety hazards. Where visible from the public right-of-way, walls shall consist of either decorative concrete masonry block or decorative concrete tilt-up walls.

4. No landscaping is required on the interior side of the screen walls.

5. The minimum required landscape area shall be limited to the perimeter landscaping surrounding the perimeter screening wall or fencing adjacent to public right-of-ways and private streets. Landscaping shall not conflict requirements set by the Los Angeles County Fire Department.

6. 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.

7. No equipment or appurtenances shall exceed the screen wall height described in subsection C.3, above, unless it can be demonstrated through a line-of-sight analysis to the satisfaction of the director 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.

8. 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 zoning district subject to approval of a conditional use permit specifically addressing height standards.

9. On-site parking shall be provided as specified below:

a. For sites that include building(s), the number of parking spaces shall comply with requirements for public facilities and services set forth in Section 17.36.060K.1.a of the Industry Municipal Code.

b. For sites that do not include buildings, two on-site parking spaces shall be provided.

c. All parking, fire access roadway, and drive aisles shall be paved with asphalt or concrete.

10. All facilities shall have an approved signage plan including safety signage to be posted at the site.

11. All improvements and site specifications shall be subject to approval of a Hazard Mitigation Analysis by the Los Angeles County Fire Department.

12. Emergency Response Plan (ERP).

a. An Emergency Response Plan (ERP) shall be reviewed and approved by the Los Angeles County Fire Department. Site personnel must maintain and train on the ERP for the life of the installation, as directed by the Los Angeles County Fire Department.

b. An after-incident mitigation company shall be on retainer at all times, maintained in the list of contacts in the ERP, and disclosed to the Los Angeles County Fire Department.

c. The owner or operator of a battery energy storage system facility shall submit an ERP pursuant in accordance with all applicable laws, with the conditional use permit application for a battery energy storage system facility. Said plan shall be reviewed and approved by the Los Angeles County Fire Department.

13. Any permit application that includes a request for deviation from development standards set forth in this section shall be reviewed through a conditional use permit process, and does not require a variance application. The approving authority shall make the following finding prior to approval of a request to deviate from development standards set forth by this chapter:

"The alternative development standard(s) will result in an equivalent or better project in terms of adverse impacts and public benefits to the immediate and surrounding community."

(Ord. 841, 2/26/2026)

A. Decommissioning Plan. The applicant shall submit a decommissioning plan which shall be reviewed and approved by the city and the Los Angeles County Fire Department, and other agencies as may be required. The decommissioning plan shall include all of the following:

1. A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time following the closure of the facility, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site;

2. Disposing of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;

3. The anticipated life of the battery energy storage system;

4. The manner in which the battery energy storage system will be decommissioned, and the site restored to a condition reasonably similar to its original state, 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

5. A listing of any contingencies for removing an intact operational battery energy storage system from service, and for removing a battery energy storage system from service that has been damaged by a fire or other event.

B. Ownership/Operator Changes. A new owner or operator shall notify the director of such change in ownership or operator and assumes in writing all the obligations of the project within ninety days of the ownership change. Failure to provide timely notice and assumption of obligations shall constitute a violation of the conditional use permit and shall be grounds for revocation of the permit. Reinstatement of a project or approvals will be subject to the same review and approval processes for new applications under this chapter.

(Ord. 841, 2/26/2026)

The following measures shall be included as performance measures and standard conditions of approval for all battery energy storage system facilities to which this chapter applies.

A. Facilities shall not store any products, goods, materials, or containers outside of any on-site building or battery enclosures.

B. Anti-graffiti coating to prevent graffiti shall be provided for all solid screen walls.

C. Facilities shall comply with the noise regulations set forth in Health and Safety Code § 46000 et seq., and Gov't Code § 65302(f).

D. Operators shall address any nuisance, safety issues, or violations of conditions of approval within forty-eight hours of being notified by the city of Industry that an issue exists.

E. The owner and/or operator is responsible for submitting an updated decommissioning plan to the Los Angeles County Fire Department for approval whenever modifications are made to an approved decommissioning plan.

F. A written security program for the premises shall be reviewed and approved by the Los Angeles County Sheriff's Department.

G. The applicant is required to update the Hazard Mitigation Analysis (HMA) to account for changes to the proposed BESS facilities project during the building permit review process. Prior to issuance of a building permit, an updated HMA, if required, shall be approved by the Los Angeles County Fire Department.

(Ord. 841, 2/26/2026)