Menifee Zoning Code Ch. 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

(2023-369, 04/05/2023)

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.

(2023-369, 04/05/2023)

Effective on: 5/5/2023

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.

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.

(2023-369, 04/05/2023)

Effective on: 5/5/2023

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.

(2023-369, 04/05/2023)

Effective on: 5/5/2023

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.

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. AII 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.

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.

(2023-369, 04/05/2023)

Effective on: 5/5/2023

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 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.

(2023-369, 04/05/2023)

Effective on: 5/5/2023

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.

(2023-369, 04/05/2023)

Effective on: 5/5/2023

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 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.

(2023-369, 04/05/2023)

Effective on: 5/5/2023