CITY OF IRWINDALE
5050 N. IRWINDALE AVE., IRWINDALE CA 91706 • PHONE: (626) 430-2200
NOTICE AND AGENDA FOR THE SPECIAL AND
REGULAR MEETING OF THE
CITY COUNCIL
SUCCESSOR AGENCY TO THE
IRWINDALE COMMUNITY REDEVELOPMENT AGENCY
HOUSING AUTHORITY
February 26, 2025
SPECIAL MEETING – 5:00 PM
REGULAR MEETING – 6:00 PM
LARRY G. BURROLA - Mayor
H. MANUEL ORTIZ - Mayor Pro Tem
ALBERT F. AMBRIZ - Councilmember
MARK A. BRECEDA - Councilmember
MANUEL R. GARCIA - Councilmember
Via Zoom Webinar: https://us02web.zoom.us/j/87104592389 In the event that a Zoom broadcast is unavailable, staff will promptly notify the public through its social media platforms. The public meeting will proceed in accordance with The Brown Act.
Listen Over Phone: 1-669-900-6833; Webinar ID: 871-0459-2389
February 26, 2025
Spontaneous Communications: The public is encouraged to address the City Council on any matter listed on the agenda or on any other matter within its jurisdiction. The City Council will hear public comments on items listed on the agenda during discussion of the matter and prior to a vote. The City Council will hear public comments on matters not listed on the agenda during the Spontaneous Communications period.
Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting.
Americans with Disabilities Act: In compliance with the ADA and Government Code section 54953(g), the City Council has adopted a reasonable accommodation policy to swiftly resolve accommodation requests. The policy can be found on the City’s website: https://www.irwindaleca.gov/DocumentCenter/View/8075/AB2449-Reasonable-Accommodation-Policy. If you need special assistance to participate in a City Council or Commission meeting or other services offered by this City, including an electronic or printed copy of the City’s reasonable accommodation policy, please contact City Hall at (626) 430-2200. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
Note: Staff reports are available for inspection at the office of the Chief Deputy City Clerk, City Hall, 5050 N.
Irwindale Avenue, during regular business hours (8:00 a.m. to 6:00 p.m., Monday through Thursday).
Compensation for Board Members: Compensation for the members of the Irwindale City Council is $750.16 a month. In accordance with Government Code Section 54952.3, Councilmembers will not receive any additional compensation or stipend for the convening of the regular meetings of the Successor Agency to the Irwindale Community Redevelopment Agency. Councilmembers will receive additional compensation of $50/meeting, not to exceed $150 per month, for the convening the regular meetings of the Irwindale Housing Authority and an additional compensation of $300/meeting for convening the regular meetings of the Irwindale Reclamation Authority.
February 26, 2025
Code of Ethics
As City of Irwindale Council Members, our fundamental duty is to serve the public good. We are committed to the principle of an efficient and professional local government. We will be exemplary in obeying the letter and spirit of Local, State and Federal laws and City policies affecting the operation of the government and in our private life. We will be independent and impartial in our judgment and actions.
We will work for the common good of the City of Irwindale community and not for any private or personal interest. We will endeavor to treat all people with respect and civility. We will commit to observe the highest standards of morality and integrity, and to faithfully discharge the duties of our office regardless of personal consideration. We shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of others.
We will inform ourselves on public issues, listen attentively to public discussions before the body, and focus on the business at hand. We will base our decisions on the merit and substance of that business. We will be fair and equitable in all actions, claims or transactions. We shall not use our official position to influence government decisions in which we have a financial interest or where we have a personal relationship that could present a conflict of interest, or create a perception of a conflict of interest.
We shall not take advantage of services or opportunities for personal gain by virtue of our public office that are not available to the public in general. We shall refrain from accepting gifts, favors or promises of future benefit that might compromise our independence of judgment or action or give the appearance of being compromised.
We will behave in a manner that does not bring discredit or embarrassment to the City of Irwindale. We will be honest in thought and deed in both our personal and official lives.
Ultimate responsibility for complying with this Code of Ethics rests with the individual elected official. In addition to any other penalty as provided by law, violation of this Code of Ethics may be used as a basis for disciplinary action or censure of a Council Member.
These things we hereby pledge to do in the interest and purposes for which our government has been established.
Irwindale City Council
February 26, 2025
SPECIAL MEETING
1. CALL TO ORDER
2. ROLL CALL: Councilmembers: Albert F. Ambriz, Mark A. Breceda, Manuel R. Garcia, Mayor Pro Tem H. Manuel Ortiz; Mayor Larry G. Burrola
3. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances
4. SPONTANEOUS COMMUNICATIONS
Spontaneous communications are limited to the special meeting agenda items only.
5. RECESS TO CLOSED SESSION
A. Conference with Legal Counsel - Anticipated Litigation Initiation of litigation [Pursuant to Government Code Section 54956.9 (d)(4)] Number of Cases: Two
B. Conference with Real Property Negotiator
Pursuant to California Government Code Section 54956.8
Property: 4846 Irwindale Avenue
Agency Negotiator - Julian Miranda, City Manager/Executive Director Negotiting Parties: Linda Edeggers Trust
Under Negotiation: Price and terms of payment
*Housing Authority Item
Property: 15830 Hidalgo Street
Agency Negotiator: Fernando Lopez, Housing Coordinator
Negotiating Parties: Paul Tapia
Under Negotiation: Property Acquisition
*Housing Authority Item
6. RECONVENE IN OPEN SESSION
7. REPORT FROM CLOSED SESSION
8. ADJOURNMENT
REGULAR MEETING
February 26, 2025
9. CALL TO ORDER
10. PLEDGE OF ALLEGIANCE
11. INVOCATION
12. ROLL CALL: Councilmembers: Albert F. Ambriz, Mark A. Breceda, Manuel R. Garcia,; Mayor Pro Tem H. Manuel Ortiz; Mayor Larry G. Burrola
13. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances
14. CHANGES TO THE AGENDA
15. COUNCIL MEMBER TRAVEL REPORTS
16. COUNCILMEMBER COMMENTS
17. INTRODUCTION OF NEW EMPLOYEES/PROMOTIONS
18. PROCLAMATIONS / PRESENTATIONS / COMMENDATIONS
A. Irwindale Chamber of Commerce Businesses of the Month:
November 2024 - Pro Printing
December 2024 - Shepherd's Pantry
January 2025 - Le Meridien Pasadena Arcadia
B. Irwindale Chamber of Commerce Quarterly Update
C. Proclamation proclaiming February as American Heart Month D. Presentation on Healthcare Job Training Opportunities by SEIU-United Healthcare Workers West Union leader Margie Caldera
19. NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.
A. Discussion on Battery Energy Storage Systems Ordinances Department: Community Development
Recommendation: Discuss and provide direction to staff.
20. SPONTANEOUS COMMUNICATIONS
February 26, 2025
This is the time set aside for members of the audience speak on items not on this agenda that are within the City Council’s subject matter jurisdiction. State law prohibits any Council discussion or action on such communications unless 1) the Council by majority vote finds that a catastrophe or emergency exists; or 2) the Council by at least four votes finds that the matter (and need for action thereon) arose within the last five days. Since the Council cannot participate (except as stated), it is requested that all such communications be made in writing to be included on the next agenda for full discussion and action
All members of the public are asked to observe the City’s Rules of Procedure and Public Meeting Decorum. The City’s Rules of Procedure and Public Meeting Decorum can be found on the City’s website, and Chapter 2.40 of the Irwindale Municipal Code. You may also contact the City Clerk’s Office for copies.
Each speaker will be limited to 3 minutes unless such time limits are extended. If a member of the public wishes to donate their time to another speaker, both persons must be physically present and in attendance of the meeting. The Presiding Officer may, in his or her discretion, extend the 3-minute time limitation for the particular subject for all speakers. Organized groups of persons wishing to address the Council on the same subject should select a spokesperson to represent the group, so as to avoid unnecessary repetition. In no event shall the total amount of speaking time for exceed 6 minutes per person for the subject under discussion.
The Council may regulate a speaker who is speaking too long or out of order, being unduly repetitious, discussing irrelevancies, or extending to items not within its subject matter jurisdiction. Please be reminded that discrimination, abusive use of profanity, unruly disruption, and violent or physically threatening conduct is discouraged. Members of the public shall not disrupt the orderly conduct of the meeting. The Presiding Officer will request that a person cease any disruptive conduct, and if not immediately stopped, will direct the person to be removed from the meeting.
Public Comments will be heard in the following order:
1: In-person attendees
2: Teleconference attendees
3: In-person and teleconference attendees who have not previously provided comments on the matter(s) being discussed by the legislative body
21. CONSENT CALENDAR
A. Minutes of the Special and Regular Meetings Held January 8, 2025 Department: City Clerk
Recommendation: Approve
February 26, 2025
B. Warrants / Demands / Payroll
Department: Finance
Recommendation: Approve.
C. Amendment No. 2 to Contract Services Agreement with Norman A. Traub Associates LLC for Personnel Investigative Services and Related Budget Appropriation Department: Human Resources
Recommendation: (1) Adopt Resolution No. 2025-18-3606 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF IRWINDALE AUTHORIZING THE APPROPRIATION OF TWENTY THOUSAND DOLLARS ($20,000) FROM GENERAL FUND RESERVES FOR PERSONNEL INVESTIGATIVE SERVICES BETWEEN THE CITY OF IRWINDALE AND NORMAN A. TRAUB ASSOCIATES LLC"; and (2) Approve Amendment No. 2 to Contract Services Agreement with Norman A. Traub LLC.
D. 2nd Reading of Speed Survey Ordinance
Department: Engineering
Recommendation: Adopt on second reading by title only with further reading waived Ordinance No. 792, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING AN
ENGINEERING AND TRAFFIC SURVEY JUSTIFYING THE SPEED LIMIT FOR CERTAIN CITY STREETS, AND AMENDING SECTION 10.40.0470 “SPEED LIMITS- SPECIFIED FOR CERTAIN STREETS” OF CHAPTER 10.40 “RESTRICTED USE OF CERTAIN STREETS” OF TITLE 10 “VEHICLES AND TRAFFIC” OF
THE IRWINDALE MUNICIPAL CODE TO DECLARE THE PRIMA FACIE SPEED LIMITS OF CERTAIN STREETS WITHIN THE CITY OF IRWINDALE"
E. Acceptance of the 2023-2024 Resurfacing Project: Residential Resurfacing Project – Phase III; P1053 Department: Engineering
Recommendation: (1) Ratify changes to the original scope of work and accept the improvements and maintenance responsibilities for the constructed improvements for the 2023-2024 Resurfacing Project: Residential Resurfacing Project – Phase III; (2) approve the final construction contract amount of $1,014,050.61 under the construction contract with Sully-Miller Contracting Company; (3) authorize the City Clerk to record the Notice of Completion; (4) authorize the Finance Director to release the 5% retention amount for the construction contract; and (5) authorize the Finance Director to refund the City of Arcadia the amount of $12,113.62 from their project fair share deposit.
F. Irwindale Gateway Specific Plan
Department: Community Development
Recommendation:
That the City Council consider the Planning Commission’s Resolutions Nos. 834(24), 835(24), 836(24), 837(24), and 838(24) recommending the City Council certify the FEIR and approve the proposed Irwindale Gateway Specific Plan and associated entitlements; and:
February 26, 2025
1. Adopt Resolution No. 2025-01-3589, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE (1) CERTIFYING THE ENVIRONMENTAL IMPACT REPORT, STATE CLEARING HOUSE (SCH# 2023020290); (2) ADOPTING THE FINDINGS REQUIRED BY CEQA GUIDELINES, SECTION 15091; (3) ADOPTING THE PROPOSED MITIGATION MONITORING AND REPORTING PROGRAM; AND (4) ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR THE IRWINDALE GATEWAY SPECIFIC PLAN”;
2. Adopt Resolution No. 2025-02-3590, entitled “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF IRWINDALE AMENDING THE COMMUNITY DEVELOPMENT ELEMENT AND LAND USE PLAN MAP OF THE CITY’S GENERAL PLAN (GPA NO. 02-2022) FROM REGIONAL COMMERCIAL TO SPECIFIC PLAN FOR PROPERTY LOCATED AT 13620 LIVE OAK LANE, IRWINDALE, CA (APNs: 8532- 002-046 AND 8532-002-047) AS SET FORTH HEREIN AND MAKING FINDINGS IN SUPPORT THEREOF”;
3. Introduce Ordinance No. 787, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, ADOPTING ZONE ORDINANCE AMENDMENT NO. 02-2023 TO ADD IRWINDALE GATEWAY SPECIFIC PLAN TO TITLE 17 OF THE IRWINDALE MUNICIPAL CODE (IMC), DEFINING PERMITTED USES, REGULATING THE SIZES AND LOCATIONS OF BUILDINGS,
SPECIFYING DESIGN GUIDELINES AND DEVELOPMENT STANDARDS, ADDRESSING MOBILITY AND
CONNECTIVITY TOPICS, IDENTIFYING PROJECT INFRASTRUCTURE AND SERVICES, AND PROVIDING ADMINISTRATIVE AND IMPLEMENTATION LANGUAGE FOR PROPERTY LOCATED AT 13620 LIVE OAK LANE, IRWINDALE, CA (APNS: 8532-002-046 AND 8532-002-047) AND FINDING THE PROJECT CONSISTENT WITH THE CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT (SCH# 2023020290)”;
4. Introduce Ordinance No. 788, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE MODIFYING THE CITY OF IRWINDALE ZONING MAP (ZONE CHANGE NO. 02- 2022) FROM M-2 (HEAVY MANUFACTURING) TO IRWINDALE GATEWAY SPECIFIC PLAN FOR PROPERTY LOCATED AT 13620 LIVE OAK LANE, IRWINDALE, CA (APNS: 8532-002-046 AND 8532- 002-047) AND FINDING THE PROJECT CONSISTENT WITH THE CERTIFIED ENVIRONMENTAL IMPACT REPORT (SCH# 2023020290)”; and
5. Adopt Resolution No. 2025-05-3593, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING TENTATIVE PARCEL MAP NO. 83854 TO CREATE SEVEN (7) PARCELS FOR PROPERTY LOCATED AT 13620 LIVE OAK LANE, IRWINDALE, CA (APNS: 8532-002-046 AND 8532-002-04) IN THE M-2 (HEAVY MANUFACTURING) ZONE SUBJECT TO CONDITIONS AS SET FORTH HEREIN, MAKING FINDINGS IN SUPPORT THEREOF.”
22. PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
23. CITY MANAGER’S REPORT
24. REQUESTS FOR AGENDA ITEMS BY CITY COUNCIL
February 26, 2025
If a City Council Member is interested in a task or project, the City Council Member shall request that the item be agendized in this section.
25. ADJOURN
SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY
REDEVELOPMENT AGENCY
26. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances
27. CONSENT CALENDAR
A. Minutes of the Regular Meeting Held January 8, 2025
Department: City Clerk
Recommendation: Approve
B. Warrants / Demands / Payroll
Department: Finance
Recommendation: Approve.
28. SPONTANEOUS COMMUNICATIONS
This is the time set aside for members of the audience to speak on items not on this agenda.
Spontaneous Communications for the Successor Agency are subject to the same State prohibitions and City guidelines as cited on the City Council agenda.
29. NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.
30. PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
31. ADJOURN
HOUSING AUTHORITY
32. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances
33. CONSENT CALENDAR
A. Minutes of the Regular Meeting Held February 12, 2025 Department: City Clerk
February 26, 2025
Recommendation: Approve
34. SPONTANEOUS COMMUNICATIONS
This is the time set aside for members of the audience to speak on items not on this agenda.
Spontaneous Communications for the Housing Authority are subject to the same State prohibitions and City guidelines as cited on the City Council agenda.
35. NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.
36. PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
37. ADJOURN
AFFIDAVIT OF POSTING
I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused the agenda for the regular meeting of the City Council, Irwindale Successor Agency to the Irwindale Community Redevelopment Agency and Housing Authority, to be held on February 26, 2025, be posted at the City Hall, Library, and Post Office on February 21, 2025.
Laura M. Nieto, MMC
Chief Deputy City Clerk
Item #19.A.
Date: February 26, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Discussion on Battery Energy Storage Systems Ordinances City Manager's Recommendation:
Discuss and provide direction to staff.
Administrative Action:
Submitted / Prepared by:
Marilyn Simpson, AICP, Community Development Director
Reviewed by:
Adrian R. Guerra, City Attorney
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
Background:
On February 12, 2025, the City Council held a discussion on regulating Battery Energy Storage Systems (BESS). The Council directed staff to research and report back on jurisdictions that have adopted an ordinance on BESS.
Analysis:
Based on the research conducted by City Staff, the following jurisdictions have adopted an ordinance on BESS. Staff’s research consists of jurisdictions within the State of California and outside the State of California. The jurisdictions are as follows:
Cities with Approved BESS Ordinances:
• City of Menifee – On October 5, 2022, the Menifee City Council adopted a Development Code Amendment pertaining to utility-scale battery energy storage systems. • City of Beaumont – On October 19, 2021, the City Council an ordinance to adding Chapter
17.11.160 “Energy Storage Facilities”.
• County of Ventura – On May 21, 2024, the Board of Supervisors approved an amendment to the Ventura County ordinance code to include a definition, use category and site limitations for the Phase I of the renewable energy program for the Ventura County Non-Coast zoning. • Bryan, TX – On July 9, 2024, the City Council approved an ordinance to conditionally permit the BESS use on properties zoned as industrial districts.
• League City, TX – On June 25, 2024, the City Council approved an ordinance to establish regulations related to battery energy storage systems.
Common Regulations from BESS Ordinances
The following is a summary of common development standards and regulations identified in the surveyed ordinances:
Development Standards and Regulations
• Allowed in zones such as:
1. Business Park.
2. Heavy Industry.
3. Open Space.
4. Agricultural exclusive.
5. Rural Agriculture zones.
6. Manufacturing Zone.
• Procedures and Application:
1. Definitions & Applicability
2. Land Use & Siting Standards
3. Permitting & Environmental Compliance
4. Safety & Certifications
5. Decommissioning
• Standards:
1. Fully enclosed by a six-foot to eight-foot, non-scalable solid wall.
2. Max.100 acres of site.
3. Parking.
4. 1,500 feet from another BESS site.
5. 200 feet from nearest residential zone or school.
Health and safety, and Economic Benefits
• Health and Safety may include:
1. Fire Management Plan.
2. Battery Management Plan.
3. Must meet all applicable standards of the adopted Building and Safety Codes and of the adopted Fire Codes.
4. Submit a Commissioning and Decommission Plan for the site. • A required finding that the project will provide positive economic benefit to the city such as:
1. Employment growth.
2. Housing development.
3. Infrastructure and environment improvements.
4. Property taxes and sales and use tax revenues.
• A requirement that the applicant enter into a Public Benefit Agreement, which may include funding for specific community improvements and amenities such as:
1. Park and playground equipment.
2. Urban greening.
3. Enhanced safety crossings.
4. Paving roads and bike paths.
Senate Bill 38 – Battery Energy Storage Facilities
SB38, effective January 1, 2024, requires that each Battery Energy Storage Facility located in the State have an emergency response and emergency action plan that covers the premises of the battery energy storage facility. The owner or operator of the facility, in developing the plan, is required to coordinate with local emergency management agencies, uniform program agencies, and local first response agencies and submit the plan to the City for review.
Environmental Impact:
None.
Fiscal Impact:
None.
Attachments:
1. Attachment 1 - Menifee Bess Ordinance
2. Attachment 2 - City of Beaumont Ordinance No. 1142
3. Attachment 3 - County of Ventura Energy Storage Ordinance
4. Attachment 4 - City of Bryan BESS Ordinance
5. Attachment 5 - City of League City Ordinance 2024-23
City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Ricky Estrada, District 2
Lesa Sobek, District 3
Dean Deines, District 4 AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, April 5, 2023
5:00 PM Closed Session
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City Attorney
Kay Vinson, Acting Clerk
10.4 Second Reading and Adoption of the Battery Energy Storage System Development Code Amendment
RECOMMENDED ACTION
1. Adopt Development Code Amendment No. LR 22-0130 amending the City of Menifee Municipal Code and Menifee North Specific Plan zoning pertaining to utility-scale battery energy storage systems.
CITY OF MENIFEE
SUBJECT: Second Reading and Adoption of the Battery Energy Storage System Development Code Amendment
MEETING DATE: April 5, 2023
TO: Mayor and City Council
PREPARED BY: Ryan Fowler, Principal Planner
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt Development Code Amendment No. LR 22-0130 amending the City of Menifee Municipal Code and Menifee North Specific Plan zoning pertaining to utility-scale battery energy storage systems.
DISCUSSION
At the March 15, 2023 City Council hearing, Development Code Amendment No. LR 22-0130 to renumber the code sections only was introduced for first reading and the City Council scheduled the second reading. This is the required second reading and adoption. The Ordinance will become effective thirty (30) days from the date of adoption.
STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Ordinance - Development Code Amendment
2. Redlined Zoning Text Changes
ORDINANCE NO. 2023-______
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 abovereferenced 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
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 abovedescribed 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.
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
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 5TH DAY OF APRIL, 2023. ______________________________
Bill Zimmerman, Mayor
Attest:
______________________________
Kay Vinson, Acting City Clerk
Approved as to form:
______________________________
Jeffrey T. Melching, City Attorney
- EXHIBIT A, page 1 -
Exhibit “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 Uses and Approval Requirements 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.)
Indoor
Outdoor
P
C
P
C
Animals, Small (e.g. hamsters, rabbits, chinchillas, and similar sized animals) Non-Commercial
Commercial P P P P
Chapter
9.235 (Animal Keeping)
- EXHIBIT A, page 2 -
Table 9.135.030-1 Commercial and Industrial Zones – Allowed Uses and Approval Requirements -- -- -- --
Animal hospitals and veterinary services
(with outdoor facilities)
P
C
--
P
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
Outdoor
P
C
C
--
P
C
--
--
Bakery goods distributors. P -- P P
Bakery shops, Coffeehouse, Cybercafé, Delicatessens, Ice cream shops P P P -- Banks and financial institutions. P P P --
Banquet facilities. C -- C --
Batting cages – indoor
Outdoor
P
C
--
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 and sales for off-site consumption C -- P --
Chapter 9.250 (Alcohol
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
Congregate care facility -- C C --
Chapter
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 incidental dancing areas, and similar facilities where dancing is the principal use
C -- C --
Chapter 9.250 (Alcohol
Sales)
Day Care Center P C C --
Chapter
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 3 -
Table 9.135.030-1 Commercial and Industrial Zones – Allowed Uses and Approval Requirements Educational Institution C C C C
Emergency shelters -- -- -- P
In locations specified
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 equipment)
-- -- -- C
Equipment sales and rental, Small (including rototillers, power mowers, sanders, power saws, cement and plaster mixers not exceeding 20 cubic feet in capacity and other similar equipment)
P -- C C
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
with outdoor sales/storage
P
C
--
--
P
C
P
C
Health, fitness, dance, martial arts studio
<5,000 sq.ft.
>5,000 sq.ft
P
C
C
C
P
C
--
Heliports -- -- C C
Hospital C C -- --
Hotels and resort hotels P C C --
Kennel or cattery -- -- C C
Chapter
9.235 (Animal Keeping)
Laboratories, research and development P P P --
Live/work units C C C --
Lumber yard -- -- -- 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 marijuana dispensaries, marijuana cultivation, and marijuana processing -- -- -- --
- EXHIBIT A, page 4 -
Table 9.135.030-1 Commercial and Industrial Zones – Allowed Uses and Approval Requirements 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 -- -- -- --
Motor vehicle body, paint and upholstery shops C -- C P Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle parts and supply stores P -- C --
Motor vehicle repair/services (e.g. tune-ups, emission tests, brakes, tires, batteries, electrical) P -- C P
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle repairs/services - major (e.g., engine and transmission repair/rebuild, etc.) -- -- C P
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle sales and rental (including outdoor display area and repairs associated with sales) C -- C --
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle wholesale, with no outdoor display P P P P Motor vehicle impound, wrecking and junk yards -- -- -- C Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle, trailer or boat storage -- --
C
(indoor
only)
C
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Nurseries and garden supply, indoor and outdoor (retail sales only) P -- -- P Does not include
cultivation
of marijuana/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 -- Recreational vehicle, trailer and mobile home sales and rental. C -- C C Chapter 9.240 (Motor
Vehicle and Related
Uses)
Recycling collection facilities C -- C C
Chapter
9.280 (Recycling
Facilities)
Recycling processing facilities -- -- C C
Chapter
9.280 (Recycling
Facilities)
Religious institutions P P P P
Restaurant P P P P
Chapter 9.250 (Alcohol
sales)
Residential care facility -- C -- --
Chapter
9.270 (Community
Care Facilities)
Restaurants with breweries, distilleries and/or wine making facilities with sales for on-site and off-site consumption C C C C
Chapter 9.250 (Alcohol
sales)
- EXHIBIT A, page 5 -
Table 9.135.030-1 Commercial and Industrial Zones – Allowed Uses and Approval Requirements Self-Storage, public storage facilities C -- C P
Shooting range; 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 be
conducted 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 --
Wireless Communication Facilities C C C C
Chapter
9.290 (Wireless
Communications
Facilities)
- EXHIBIT A, page 6 -
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 7 -
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 utilityscale 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, splitface 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 8 -
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.
- EXHIBIT A, page 9 -
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 10 -
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.
9.297.060 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.
9.297.070 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 11 -
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 12 -
Article 6: Definitions
Chapter 9.300 Universal Definitions
Sections:
9.300.030 “B” Definitions
Balcony. A platform that projects 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 13 -
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 14 -
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 City and a developer through which the developer receives vested rights to construct a project 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 City 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 15 -
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 singleunit 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 16 -
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 XVIIa, 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.
ORDINANCE NO. 1142
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING TABLE 17.03-3 “PERMITTED USES FOR BASE ZONE DISTRICTS” AMENDING CHAPTER 17.14.030 “DEFINITIONS,” OF THE BEAUMONT MUNICIPAL CODE AND ADDING CHAPTER 17.11.160 “ENERGY STORAGE FACILITIES”
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS:
SECTION 1. CEQA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act (“CEQA”) pursuant to 15061(b)(3), CEQA review is not required because there is no possibility that this Ordinance may have a significant effect upon the environment and the proposed text amendments constitute a minor alteration in a land use limitation under CEQA Guidelines Section 15305, and such a land use limitation is a permissible exercise of the City's zoning powers.
SECTION 2. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences, or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the Ordinance enforced.
SECTION 3. Prosecution of Prior Ordinances. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the City of Beaumont Municipal Code, committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof.
SECTION 4. The City Council hereby amends Title 17, Table 17.03-3 “Permitted Uses in Base Zone Districts” to include uses specifically set forth in Exhibit “A”, which Exhibit is attached hereto and made a part hereof.
SECTION 5. The City Council hereby amends Title 17, Chapter 17.14.030 “Definitions” to include uses specifically set forth in Exhibit “B”, which Exhibit is attached hereto and made a part hereof.
SECTION 6. The City Council hereby amends Title 17, adding Chapter 17.11.160 “Energy Storage Facilities” as specifically set forth in Exhibit “C”, which Exhibit is attached hereto and made a part hereof.
SECTION 7. Effective Date and Publication. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days after adoption in accordance with Government Code Section 36937.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Beaumont, California, approves an amendment to the City Code.
INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the 5th day of October 2021, by the following roll call vote:
AYES: Santos, Fenn, Martinez, White, Lara
NOES
ABSENT
ABSTAIN
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the 19th day of October 2021.
AYES: Santos, Fenn, Martinez, White, Lara
NOES:
ABSENT:
ABSTAIN:
_______________________
Mike Lara, Mayor
Attest: ______________________
Nicole Wheelwright, Deputy City Clerk
Approved as to form:
_______________________
John O. Pinkney, City Attorney
17.03.120 Permitted uses for Base Zone Districts.
The permitted uses for the Base Zone Districts (identified in Section 17.03.040 through 17.03.110) are listed in Table 17.03-3.
Table 17.03-3
Permitted Land Uses For Base Zone Districts1
RC PF RR RSF RTN RMF CN CC M UV
Administrative Professional Services
Administrative/Professional Offices N N N P N N P P P P Advertising Agencies N P N N N N P P C P
Architectural/Engineering/Design
Services
N P N N N N P P P P
Attorney/Legal Services N P N N N N P P C P
Business Management Services N P N N N N P P C P
Government Offices P P P P P P P P P P
Travel Agencies N P N N N N P P C P
Agricultural Uses
Animal Keeping (Commercial Use) N N P C C N C C C C
Animal Keeping (Accessory Use) N A A A A A C C C C
Animal Rescue Facilities N N P C C N N N C N
Apiaries N N P C C N N N N N
Aviaries N N P N N N N N C N
Catteries N N P C C N C C C C
Commercial Growing Establishments N N P N N N N N C N
Community Gardens N N P P P P P P N P
Dairies N N P N N N N N N N
Kennels (all Classes) N N P C C N C C C C
Produce Stands N N P N N N N N P N
Stables N N P N N N N N N N
Alcohol Service and Sales
Bars or Cocktail Lounges2 C N N N N N C C C7 C
Liquor Stores2, 4 N N N N N N C C N C
Restaurants with Alcoholic Beverage
Sales
C N N N N N C C C C
Automotive Services
Automobile, Motorcycle, and Marine
Craft Sales (New and Used)
N N N N N N C P C C
Automobile Parking Facilities N N N N N N C P P C
Automobile Rental Agencies N N N N N N P P P C
Automobile Repair Facilities N N N N N N C P P N
Automobile Towing and/or Wrecking
Facilities
N N N N N N N N C N
Body and Paint Shops N N N N N N C C C N
Car Wash N N N N N N C C C C
Gas/Service Stations N N N N N N C C C C
Limousine Services N N N N N N P P P N
Recharging Stations Allowed (P) in any area designed for the parking or loading of vehicles.
Tire Repair N N N N N N N P P N
Tire Store N N N N N N N P P N
Towing Services with Indoor Vehicle
Service
N N N N N N C C C N
Towing Services with Outdoor Vehicle
Storage
N N N N N N N N C N
Truck/Trailer Rentals N N N N N N C C P N
Communications Facilities
Ham Radio Antennae (Private Use) N N P P P P P P P P
Radio and Television Broadcasting
Studios
N N N N N N N P P P
Recording and Sound Studios N N N N N N N P P P
Satellite Dishes (Non-Private) N N N N N N P P P P
Satellite Dishes (Private Use) N N P P P P N N C P
Wireless Telecommunication Facility—
Stealth
C N N N N N C C C C
Daycare Facilities
Commercial Day Care Facilities N N N C5 C5 N P P C C
Educational Establishments
Elementary, Junior, and High
Schools/Private & Charter
N P C C C C C C C C
Elementary, Junior, and High
Schools/Public
N P P P P P C C C C
College or University N P C C C C C C C C
Tutoring & Testing N P A A A A C C C C
Vocational and Trade Schools N P C C C C C C C C
Food and Beverage Sales
Bakeries N N N C5 C6 C5, 6 P P P P
Catering Establishments N N N N N N P P P P
Convenience Markets N N N C5 C6 C5, 6 P P P P
Grocery Stores/Supermarkets N N N C5 C6 C5, 6 P P N P
Grocery Store, Alcohol Sales N N N C5 C6 C5, 6 P P N P
General Merchandise and Trade
Antique Sales N N N N N N P P A P
Appliance Sales N N N N N N P P C P
Art Galleries and Supplies N N N N N N P P N P
Beauty Supplies N N N N N N P P N P
Books and Magazines N N N C5 C6 C5, 6 P P N P
Building Materials N N N N N N N P P N
Building Materials with outdoor
sales/storage
N N N N N N N C P N
Camera and Photographic Supplies N N N N N N P P N P
Candy Stores N N N N N N P P N P
Cigar/Cigarette Shops2 N N N N N N C C N C
Clothing Stores N N N N N N P P N P
Department Stores N N N N N N P P N P
Discount Stores N N N N N N P P N P
Electronic Equipment Sales N N N N N N P P C P
Equipment Sales and Rentals N N N N N N C C P N
Florists N N N C5 C6 C5, 6 P P N P
Freight Forwarding Services N N N N N N P P P P
Furniture and Home Furnishings N N N N N N P P N P
Garden Supply N N N N N N P P N P
Gifts, Crafts, and Novelties N N N C5 C6 C5, 6 P P N P
Guns and Ammunition N N N N N N N C C P
Hardware Stores N N N N N N P P N P
Hobby, Toy and Game Stores N N N C5 C6 C5, 6 P P N P
Indoor Swap Meets N N N N N N N C C N
Jewelry Sales and Repair N N N N N N P P N P
Leather Goods N N N N N N P P N P
Luggage Sales N N N N N N P P N P
Office Equipment, Furniture, and
Supplies
N N N N N N P P P P
Pet Sales and Supplies N N N N N N P P P P
Records, Tapes, and Videos N N N C5 C6 C5, 6 P P N P
Retail, Other Specialty N N N N N N P P N P
Sporting Goods and Equipment N N N N N N P P P P
Surplus Stores N N N N N N P P C N
Thrift and Second-Hand Stores N N N N N N C C N N
Variety Stores N N N N N N P P N C
Wholesale Establishments N N N N N N P P C P
Lodging
Bed and Breakfast Facilities C N C C C C P P N P
Emergency Shelters N N N N N N P N
Hotels and Motels C N N N N N P P C P
Residence Inns C N N N N N P P N P
Single-Room Occupant (SRO) Facilities N N N N N N C C N N Trailer Parks and Campsites C N N N N C N N N N
Transitional Housing N N N N C C C C N N
Manufacturing and Industrial
Apparel/Textile Products N N N N N N N N P N
Assembly Plants N N N N N N N N P N
Bottling Plants N N N N N N N N P N
Bulk Postal Service Facilities N N N N N N N N P N
Chemicals N N N N N N N N P N
Contract Construction Services N N N N N N N N P N
Data Services N N N N N N N N P N
Exterminating Services N N N N N N C C P N
Feed and Fuel Yards N N N N N N N N P N
Food and Kindred Products N N N N N N N N P N
Furniture N N N N N N N N P N
Lumber/Wood Products N N N N N N N N P N
Moving and Storage Establishments N N N N N N N N P N
Metal Salvage Yards N N N N N N N N P N
Paper Products N N N N N N N N P N
Petroleum-Related Materials N N N N N N N N C N
Primary Metal Industries
(Electroplating)
N N N N N N N N C N
Printing/Publishing N N N N N N N N P N
Professional/Scientific/Electronic
Products
N N N N N N N N P N
Research Services and Laboratories N N N N N N N N P N
Retail Sales of Products Manufactured
or Stored On-Site
N N N N N N N N P N
Sandblasting and Beadblasting N N N N N N C,
A
C,
A
C N
Taxidermy N N N N N N N N C N
Medical/Health Care
Ambulance Services N N N N N N P P P N
Animal Hospitals/Veterinaries N N N N N N P P P P
Clinics N N N N N N P P C P
Convalescent Homes N N C C C C P P N C
Chemical Dependency Clinics N N N N N C C N N C
Hospitals N N N N N N P P N C
Medical/Dental Offices N N N N N N P P N P
Pharmacies N N N N N N P P N P
Pharmacies, with drive-through N N N N N N C C N P
Personal Services
Banking, Credit Unions, Financial
Services
N N N N N N P P N P
Barbers and Beauty Parlors N N N C5 C6 C5, 6 P P N P
Cemeteries N C C C C C C C C N
Check Cashing Services N N N N N N P P N N
Commercial Pet Grooming Services N N N N N N P P C P
Dry Cleaners N N N C5 C6 C5, 6 P P N P
Funeral Parlors, Mortuaries N N N N N N C C C C
Laundries, Laundromats N N N C5 C6 C5, 6 P P C P
Locksmith and Key Shops N N N N N N P P P P
Pawnbrokers N N N N N N C C N N
Massage Establishment N N N N N N C C N C
Photocopying and Photo Developing
Services
N N N N N N P P P P
Photography Studios N N N N N N P P N P
Shoe Repair Shops N N N C5 C6 C5, 6 P P C P
Tailors N N N C5 C6 C5, 6 P P C P
Tattoo/Body Piercing Services N N N N N N C C N C
Public and Quasi-Public Uses
Community Recreation Centers P P P P P P N N N P
Cultural Facilities P P P P P N N N P
Libraries P P P P P P C C N P
Museums P P P P P P C C N P
Parks P P P P P P P P N P
Public Safety Facilities N P P P P P P P P P
Senior Citizen Activity Centers N P P P P P P P N P
Recreation and Entertainment
Adult-Oriented Businesses N N N N N N N N C N
Amusement Parks N N C N N N C C C C
Athletic Fields N P P P P P N N N P
Batting Cages N N N N N N C C C P
Billiard and Pool Halls N N N N N N C C N C
Bowling Alleys N N N N N N P P N P
Commercial Athletic Facility N N N N N N C C C C
Dance Studios N N N N N N P P N P
Golf Driving Ranges C N N N N N N C C C
Health Clubs and Gymnasiums N N N N N N C C C C
Miniature Golf Courses N N C N N N C C N P
Off-Road Mini-Bike and Motorcross
Courses
C N C N N N N C C N
Public Auditorium/Auditoriums N P N N N N P P N P
Shooting Range (Indoor) N N N N N N N N C N
Skating Rinks N N N N N N N C C P
Video Arcades N N N N N N C C N C
Recycling
Collection Facilities N N N N N N C C C N
Processing Facilities N N N N N N C C C N
Religious Institutions
Churches N C C C C C P P C P
Monasteries, Convents, or Similar
Religious Use
N C C C C C P P C P
Repair Services
Electrical and Household Appliances
Repair
N N N N N N P P P N
Furniture Refinishing N N N N N N P P P N
Furniture Reupholstering N N N N N N C C P N
Lawnmower Repair/Sales Shops N N N N N N P P P N
Machine Shops N N N N N N C C P N
Welding Shops N N N N N N C,
A
C,
A
P N
Residential Uses
Accessory Guest Houses N N P P P P N N N P
Accessory Dwelling Units N N P P P P N N N P
Boarding or Rooming Houses N N C C C C N N N P
Caretaker's Unit N N P N P P P* N C P
Congregate Care Facilities N N N N C C C C N P
Day Care Centers, Small Family—1 to 8
Children
N N P P P P N N N P
Day Care Centers, Large Family—7 to
14 Children
N N P P P P C N N P
Duplexes N N N N P P N N N P
Group or Community Care Facilities—6
or fewer persons)
N N P P P P N N N P
Group or Community Care Facilities—7
or more persons)
N N C C C C N N N C
Home Occupation Businesses N N P P P P N N N P
Mobile Home Parks N N N N C C N N N N
Mobile Home or Manufactured
Housing Units Single Lot
N N P P P P N N N P
Multiple-Family, Apartment &
Condominiums
N N N N P P P* N N P
Planned Residential Developments N N P P P P N N N P
Senior Housing Developments N N P P P P C N N P
Single-Family Dwellings N N P P P P N N N P
Restaurant
Delicatessens N N N C5 C6 C5, 6 P P P P
Fast-Food Restaurants—Without DriveThru2, 3 N N N N N N P P P P Fast-Food Restaurants—With DriveThru2, 3 N N N N N N C C N P Sit-Down Restaurants C N N C5 C6 C5, 6 P P C P
Sit Down Restaurant with live
Entertainment
C N N N N N C C N C
Restaurant, serving alcohol C N N N N N C C N C
Service Organizations
Philanthropic and Charitable
Institutions
N N N N N N P P C P
Service Organizations N N N N N N P P C P
Temporary Uses
Street/Craft Fairs and Farmers'
Markets—Ongoing
N N N N N N C C N C
Temporary Structures (Subdivision
sales Office)
C N P P P P P P P P
Christmas Tree/Pumpkin Lots, and
Similar, Not Exceeding 30 Days
C C C N N C P P P P
Outdoor Displays N N N C5 C6 C5, 6 C C C C
Parking Lot Sales N C N N N N P P P P
Amusement Enterprises N C N N N N C C C C
Transportation Facilities
Bus Passenger Terminals N N N N N N C C C P
Charter Bus Companies N N N N N N C C C P
Motor Vehicle Transportation
(Taxi/Shuttle)
N N N N N N C C C N
Truck Stops and Terminals N N N N N N C C C N
Utilities
Energy Storage Facility N N N N N N N N P N
Public Storage Facilities N N N N N N N C C N
Public Utility/Service Structures N P N N N N N N P N
Sewage Disposal Facilities/Waste
Transfer
N P N N N N N N P N
Utility Company Offices N N N N N N P P P N
Water Storage, Distribution, and
Collection Facilities
N P N N N N N N N N
Wind Energy Conversion Systems See Section 17.11.140
N = Not Permitted
P = Permitted
C = Conditionally Permitted
A = Permitted as an Accessory Use
A* = Permitted as an Accessory Use in Assembly Buildings *Only allowed for properties on Sixth Street
1 See Section 17.02.070 to determine if a plot plan is required. 2 These uses shall not be located on any parcel which is located within 1,000 feet of any school providing instruction in 12th grade or below, day care center, or youth center. 3 New fast food restaurants should not be located within 1,000 feet of another fast food restaurant. 4 New liquor stores shall not be located within 1,000 feet of another liquor store. 5 Only allowed for properties on Brookside Avenue, Cougar Way, Oak Valley Parkway, 11th Street, 8th Street, Beaumont Avenue, Pennsylvania Avenue, and Highland Springs Avenue. 6 Only allowed for properties on streets designated as Arterial Roadways or Connector Streets. 7 Bars and cocktail lounges are only allowed as a conditionally permitted accessory use in the M Zone, and if the primary business is an alcohol production facility, such as a brewery, winery, or spirits manufacturer.
( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)
17.14.030 Definitions (A through Z).
A
Above-ground/on-ground pool. See "Swimming pool".
Abut or Abutting. The same as meaning adjoining.
Access. The place, or way, by which pedestrians and vehicles are provided adequate and usable ingress and egress to a property or use as required by this Zoning Code.
Accessory Use. A use incidental to, related, and clearly subordinate to the principal use established on the same lot or parcel of land where such accessory use is located.
Adjacent. Two or more lots or parcels of land separated by an alley, street, highway or recorded easement, or two or more objects located near or in close proximity to each other.
Adjoining. Two or more lots or parcels of land sharing a common boundary line, or two or more objects in physical contact with each other.
Affordable Unit. Refers to a housing development project in which 80 percent of the units shall be designated for very low-income households and 20 percent reserved for low-income households as those terms are defined in the Health and Safety Code.
Alley. A public or private right-of-way, other than a street or highway, permanently reserved as a secondary means of vehicular access to adjoining properties.
Amendment. A change in the wording, context, content, or substance of this Zoning Code or in the zoning map. Such changes must be adopted by ordinance by the City Council in the manner prescribed by law.
Amusement Arcade. Any place open to the public where five or more amusement games are maintained for use by the public. When only a portion of the premises is used for the operation of amusement games, only that portion shall be considered as an amusement arcade.
Amusement Game. Any entertainment device for which a fee is paid to play, including, but not limited to, pinball, video or other electronic games.
Animal Hospital. Shall mean a place where anima s or pets are given medical or surgical treatment and cared for during the time of such treatment. Use as a kennel shall be limited to short time boarding and shall be only incidental to such hospital use.
Animals—Retail Sales. The retail sales of small animals (such as dogs, cats, birds, and fish), provided such activities take place within an entirely enclosed building.
Antique Shop. An establishment primarily engaged in the sale of antiques.
Apartment House. A building, or a portion of a building, designed or used for occupancy by three or more households living independently of each other and containing three or more individual dwelling units within a single structure.
Apartment Unit. A room or suite of two or more rooms with a single kitchen in a multiple-family dwelling, suitable for occupancy as a dwelling unit for one household.
Arcade. See "Amusement arcade".
Artists' Studio. A building containing work space and retail sales space for artists and artisans producing individual one-of-a-kind works of art, including individuals practicing a fine art, or skilled in an applied art or craft, provided that the use does not impact any other use or property with noise, odor, dust, vibration, or other nuisance. This classification includes, but is not limited to, painter's studios, ceramic studios, and custom jewelry studios.
Assessor. The Assessor of the County of Riverside.
Automobile Parking or Storage Facility means a type of outdoor storage use whereby an outdoor lot, lot area, or parcel of land used, is designed and maintained primarily for the purpose of storing, parking, dispatching, or keeping automobiles or recreational vehicles (including RV’s, boats, watercraft, off-road vehicles) or other vehicles, together with or without facilities necessary to service, dispatch, store or maintain aforementioned vehicles, their cargos and crews. Also applies to a business establishment providing towing and/or storage of operative or inoperative vehicles. This classification includes the storage of tow-aways, impound yards, and storage lots for buses and recreational vehicles, but does not include vehicle dismantling.
Automobile Wrecking or Automobile Dismantling. A business establishment engaged in the dismantling and/or wrecking of automobiles, used motor vehicles or trailers, and/or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or parts.
Automobile Service Station. An establishment providing gasoline oil and other additives, and/or performing minor repairs and other customary services for automobiles and light vehicles, but excluding painting, body work steam cleaning, and major repairs.
Advertising Structure. A structure of any kind or character, erected or maintained for outdoor advertising purposes, upon which any poster bill,
Awning. Either a fabric covered appendage or a temporary collapsible shelter of noncombustible materials supported entirely from the exterior wall of a building.
B
Balcony. A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade, or parapet on at least one side.
Balcony, Unenclosed. A balcony open to the sky and not fully enclosed on more than two sides.
Balloon. A floating air-filled or gas-filled object tethered to a fixed location (also see "Sign, balloon").
Banks and Savings. A state- or federally-chartered financial institution that provides retail banking Barrier. A fence, a wall, a building wall or a combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool.
Bars and Cocktail Lounges. Establishments where alcoholic beverages are sold for consumption on the premises. This classification excludes restaurants and commercial recreation uses that may serve alcoholic beverages incidental to the primary use.
Basement. That portion of a building located between the ground level or first floor of a structure.
Battey. A single cell 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 Energy Storage Management System. An electronic system that protects 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 System. 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.
Billiard Parlor. An establishment that provides five or more billiard and/or pool tables.
Boarding. A residence or dwelling, other than a hotel, wherein three or more rooms are rented under three or more separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence.
Building. Any structure having a roof supported by columns or by walls and intended for the shelter, housing, or enclosure of persons, animals, or property of any kind.
Building; Accessory. A detached subordinate building, the use of which is incidental to that of the primary building or to the principal use of the land, and which is located on the same lot or parcel of land with the main building or principal use of the land.
Building, Height. The vertical distance as measured continuously along a line at existing grade bisecting the width of the lot to the highest point of a building or structure, except as provided elsewhere in this Zoning Ordinance.
Building, Main. A building in which is conducted a principal use of the lot or parcel of land upon which it is situated. In a residential or agricultural zone, any residential unit shall be deemed to be a main building upon the lot or parcel of land on which it is situated.
Building Material Sales. An establishment engaged in retailing or wholesaling of building supplies or equipment. This classification includes lumber yards and tool and equipment sales, but excludes businesses engaged in the retail sales of paint and hardware, building contractor's yards, and activities classified under "Equipment Leasing and Rentals."
Building Site. The ground area of one or the ground area of two or more lots when used in combination of a building or group of buildings together with all open spaces as required by this Ordinance.
Building Wall. The vertical surface, or any element thereof, including any structural member or group of structural members attached the vertical surface, that defines the exterior boundaries of a building.
Business and Trade School. An establishment which provides on-site training of business, commercial, and/or trade skills such as accounting, data processing, and computer repair. This classification excludes establishments providing training in an activity that is not otherwise permitted in the applicable zone. Incidental instructional services in conjunction with another primary use shall not be considered a business and trade school.
C
Cabana. A structure containing not more than 700 square feet, not containing a kitchen.
Camp, Day. A facility with an organized daytime program involving the supervision and care of children.
Canopy. Has the same meaning as "awning" as defined in this section, except that a canopy contains separate supporting posts and is not supported entirely from the exterior wall of a building. A fixed overhead shelter used as may or may not be attached to a building.
Carport. A permanently-roofed structure with no more than two enclosed sides, used or intended to be used for automobile shelter and storage.
Cell. The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.
Cellar. See "Basement".
Center-line. The center-line of any street, as established by the City Engineer by official surveys, and on file in the office of the City Engineer.
Check Cashing. A business that, for compensation, engages in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification does not include a
state- or federally- chartered bank, savings association, credit union, or industrial loan company. Further, this classification does not include establishments selling consumer goods where the cashing of checks or money orders is incidental to the main purpose of the business.
Church. A facility used for religious worship and incidental religious education and/or activities, including a parsonage which shall be a maximum of 1,200 square feet or 50 percent of the assembly hall whichever is less.
Setbacks and parking shall meet the residential single family requirements. This definition does not include private schools as defined in this section of the Zoning Ordinance.
Child Care Center. A facility that provides non-medical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. "Child care center" includes day care centers and family day care homes.
City. Refers to the City of Beaumont.
Club, Private. Any building or premises used by an association of persons, whether incorporated or unincorporated, organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise. This definition does not include "Adult" business establishments.
Clubs and Lodges. A private or nonprofit organization providing meeting, recreational, or social facilities primarily for use by members and/or guests.
Commercial Printing. A business providing printing, blueprinting, photocopying, engraving, binding, or related services.
Commercial Vehicle. A vehicle which, when operated on a street, is required to be registered as a commercial vehicle under the State Vehicle Code, and which is used or maintained for the transportation of persons for hire, compensation, or profit, or which is designed, used, or maintained primarily for the transportation of property.
Commission. Refers to the Planning Commission of the City of Beaumont.
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.
Communications Facilities. An establishment engaged in broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms. This classification includes, but is not limited to, radio, television, or recording studios, telephone switching centers, and telegraph offices.
Communications Facilities, Wireless. An unstaffed facility used for the transmission or reception of wireless telecommunication services, commonly consisting of an antenna array, connection cables, a support structure, and ancillary support facilities.
Community Center. A building, buildings, or portions thereof used for recreational, social, educational, and cultural activities where buildings and associated improvements are owned and/or operated by a public, nonprofit, or public serving group or agency.
Condominium. An undivided interest in common in a portion of real property coupled with a separate interest in space called a "unit," the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The description of the unit may refer to: a) boundaries described in the recorded final map, parcel map, or condominium plan, b) physical boundaries, either in existence, or to be constructed, such as wall, floors, and ceilings of a structure or any portion thereof, c) an entire structure containing one or more units, or d) any combination thereof. An individual condominium within a condominium project may include, in addition, a separate interest in other portions of the real property. This term shall also include stock-cooperative developments.
Condominium Project. A common interest development consisting of condominiums.
Contractor or Building Materials Storage Yard means establishments which engage primarily in the outdoor storage of goods, materials (except temporary storage of construction materials associated with an active building permit), machines, vehicles, trailers, and other equipment associated with a construction or contractor’s business licensed within the City of Beaumont.
Convalescent Facilities. A business establishment engaged in providing care on 24-hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services.
Convalescent Home. A home or establishment offering or providing lodging, meals, nursing, dietary, or other personal services to five or more convalescents, invalids, or aged persons, but shall not include surgery or the care of persons with contagious or communicable diseases.
Conversion (Condominium). A change in the type of ownership of a parcel or parcels of land, together with the existing structures, from rental housing, as defined in this section, to a condominium, community apartment, planned development, stock cooperative, or common interest development.
County. Refers to the County of Riverside.
Court. An open, unoccupied space, bounded on two or more sides by the walls of a building. "Inner court" is a court entirely enclosed within the exterior walls of a building. All other courts are referred to as outer courts.
Coverage. The percentage of total site area covered by structures, open or enclosed, excluding the following uncovered structures: steps, courts, patios, terraces, and swimming pools.
D
Dairy. Any premises where three or more cows, three or more goats or one or more cows and two or more goats, or two or more cows and one or more goats are kept, milked, or maintained.
Daycare Center, Adult. A state-licensed facility designed to provide necessary care and supervision to persons 18 years of age or older on less than a 24-hour basis. Adult day care centers include the various types of adult day services as defined under state law that include "adult day care facilities," "adult social day care facilities," and "adult day health care facilities."
Day Care Center, Children. A state-licensed facility, other than a family day care home, providing non-medical care and supervision to children under 18 years of age on less than a 24-hour basis. Child day care centers shall include "day care centers" as defined under state law, which include infant centers, preschools, and extended day care facilities.
Deck. A platform other than a balcony, either freestanding or attached to a building, without a roof, that is supported by pillars, posts, or walls.
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.
Director and Director of Planning and Planning Director. Refers to the Community Development Director or his or her designee.
Drive-in Restaurant. Any building or structure in which food and drink are prepared for service to customers outside of such building or structure, even though the same is served to customers inside said building or structure or to customers occupying vehicles outside such structure, and shall include self-service restaurants for take-out food.
Drive-thru. See "Establishment with drive-up service".
Driveway. An appropriately paved and privately-owned surface or road that provides access to off-street parking or loading facilities.
Dump. An area devoted to the disposal of combustible or non-combustible refuse.
Duplex. A structure consisting of two dwelling units.
Dwelling or Dwelling Unit. An attached or detached building containing one or more rooms wherein the occupants of each dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the single housekeeping unit is fairly stable as opposed to transient and members have some control over who becomes a member of the single housekeeping unit.
Dwelling, Multiple Family Residential. One or more buildings located on a lot containing a total of two or more dwellings within a structure.
Dwelling, Single-Family. An attached or detached building not to contain more than one kitchen wherein the occupants of the dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the single housekeeping unit is fairly stable as opposed to transient and members have some control over who becomes a member of the single housekeeping unit.
Dwelling, Tri-plex. A building designed for occupancy by three families living independently of each other and containing three dwelling units under one common roof.
Dwelling, Two-Family or Duplex. An attached or detached building containing two Dwelling Units wherein the occupants of each Dwelling Unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the single housekeeping unit is fairly stable as opposed to transient and members have some control over who becomes a member of the single housekeeping unit.
E
Energy Storage System. A system which stores energy and releases it in the same form as was input.
Establishment with Drive-up Service. A business or institution providing services accessible to persons who remain in their automobiles.
F
Family. One or more persons living together as a single housekeeping unit in a dwelling unit. A family includes the residents of residential care facilities and group homes for people with disabilities. A family does not include larger institutional group living situations such as dormitories, fraternities, sororities, monasteries or nunneries.
Family Day Care Home, Large. A dwelling that regularly provides care, protection, and supervision for 12 or fewer children under the age of ten, in the provider's own home, for periods of less than 24 hours per day.
Family Day Care Home, Small. A dwelling that regularly provides care, protection, and supervision for one to six children inclusive, including children under the age of ten.
Fire Arm Sales or Firearms Business. An establishment having at least 25 percent of its gross floor area devoted to the sale of fire arms, ammunition and ammunition components, and hunting or shooting equipment.
Floor Area, Gross. The total horizontal area of all the floors of a building included within the surrounding walls, exclusive of vent shafts and courts.
Floor Area, Net. The total useable floor area within all floors of a building included within the surrounding walls.
Floor Area Ratio. The numerical value obtained through dividing the gross floor area of a building or buildings by the total area of the lot or parcel of land on which such building or buildings are located.
Food and Beverage Sales. A business establishment where the primary use involves the retail sales of food and beverages for off-site preparation and consumption. Typical uses include grocery markets and delicatessens.
This category does not include liquor stores.
Food Manufacturing. A business establishment engaged in manufacturing, processing, and/or packaging of food products for wholesaling and distribution. This use may include incidental direct sale to consumers of the products manufactured on-site, souvenirs, and ancillary tasting facilities for the public.
Frontage. The frontline of a site, separating the site from the street.
G
Garage, Parking Garage. A structure with a common vehicular entrance and exit which is used by vehicles in parking spaces and which otherwise conforms to the requirements of this Zoning Code.
Garage, Private. A detached accessory building, or a portion of a main building on the same lot, enclosed on three sides and with a door capable of enclosing the fourth side, for the parking or temporary storage of vehicles owned by the occupants of the premises.
General Plan. The General Plan of the City of Cudahy, consisting of the General Plan and Map, adopted by the City Council.
Grade, Existing. The surface of the ground or pavement at a specific location as it existed prior to disturbance in preparation for a construction project.
Grade, Finished. The finished surface elevation of the ground or pavement at a specific location after the completion of a construction project.
Grade, Ground Level. The average level of the finished ground surface surrounding a building, measured at the center of all walls of the building.
Gradient. The rate of vertical change of a ground surface expressed in a percentage and determined by dividing the vertical distance by the horizontal distance.
Group Home (Unlicensed) or Unlicensed Group Home. A single family dwelling unit with six or fewer occupants who are all (other than the house manager) considered disabled under state or federal law, but not licensed by the state.
Guest House. Refers to living quarters, having no kitchen facilities, located within an accessory building located on the same premises with a main building and occupied solely by members of the family, temporary guests, or persons permanently employed on the premises.
Guest Room. A room designed for or occupied as sleeping quarters by one or two persons, providing lodging for compensation.
H
Hazardous Waste. Any waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may: a) exhibit toxicity, corrosivity, flammability, and/or reactivity; b) cause, or significantly contribute to, an increase in serious irreversible, or incapacitating reversible, illness; or, c) present a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
Hazardous Waste Facility. All contiguous land, structures, other appurtenances, and improvements within a property, used for handling, treating, storing, or disposing of hazardous wastes.
Health and Physical Fitness Facility. A private athletic clubs and gymnasiums including, but not limited to, weight training facilities, aerobic exercise floors, racquetball courts, swimming pools, and similar athletic facilities.
Height. See "Building height".
Home Occupation. An occupational activity carried on by the occupant(s) of a residential dwelling as a secondary use in connection with which there is no display, no walk-in customers, no stock-in-trade, nor commodity sold upon the premises, no person employed, and no mechanical equipment used, except such as is necessary for housekeeping purposes.
Hospital. A facility providing medical, surgical, psychiatric, and/or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for out-patient treatment, as well as training, research, and administrative services for patients and employees.
Hotel or Motel. One or more buildings containing guest rooms or dwelling units, with one or more such rooms or units having a separate entrance leading directly from the outside of the building or from an interior court. Such facilities are designed to be used, or intended to be used, rented, or hired out for temporary or overnight accommodations for guests, and are offered primarily to patrons by signs or other advertising media.
This classification may contain public meeting rooms and eating, drinking, and banquet services associated with the facility.
Hot Tub. See "Swimming pool".
Household. A single individual or group of individuals, unrelated or related by blood or marriage, residing in a dwelling unit.
Household Pet. A domesticated animal commonly maintained within a residence.
I
Industrial Complex. Any group of three or more industrial uses on a parcel or combination of parcels which are generally served either by common access or common parking, or single industrial use occupying at least 100,000 square feet of floor area.
In-ground pool. See "Swimming pool".
J
Junk Yard. The use of a lot, or the use of any portion of a lot, for the dismantling of machinery or for the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking, or for the storage or keeping of junk, including scrap metals or other scrap materials.
K
Kennel. Any lot or premises on which four or more dogs or cats at least four months of age are boarded or trained.
Kitchen. A room in a building or dwelling unit that is used in the cooking or preparation of food.
L
Laboratory. An establishment providing analytical or testing services, including, but not limited to, chemical labs, dental-medical labs, optical labs, and labs conducting mechanical, electrical, physical, or environmental tests, as well as research and development.
Landscaping. The planting and maintenance of live trees, shrubs, ground cover, and lawn areas, including the installation of irrigation systems required by the provisions of this Zoning Code. "Landscaping" may include inorganic decorative materials of natural or man-made origin if used to accent or complement, but in no case
imitate, the natural vegetation. Inorganic decorative materials used in landscaping may include rock, stone, wood, waterfall, fountains, pools, sculptures, benches, and architectural screens, walls, and fences.
Liquor Store. A business establishment having at least 50 percent of its gross floor area used for the sale of alcoholic beverages intended for off-site consumption.
Loading Space. An off-street space on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which has access from a street, alley, or other permanent means of ingress and egress.
Lodging House. A residence or dwelling, other than a hotel, wherein lodging and meals are provided to four or more persons for compensation, whether direct or indirect. In determining the number of persons lodging in a lodging house, all residents shall be counted, including an owner, agent or manger.
Lot. Real property with a separate and distinct number or other designation shown on a plat recorded in the office of the County Recorder as a part of an approved subdivision, shall also mean (1) a parcel of real property when shown as a delineated parcel of land with a number of other designations on a plat recorded in the Office of the County Recorder of Riverside County; or (2) a parcel of land the dimensions or boundaries of which are defined by a record of survey recorded pursuant to the provisions of the Subdivision Map Act of the State of California in the Office of the County Recorder of Riverside County; (3) a parcel of real property not delineated as in (1) or (2) above, and containing not less than the prescribed minimum square footage required in the zone in which it is located and which abuts at least one public street, and alley or a private easement determined by the Commission to be adequate for purposes of access from a street; (4) a parcel of land registered under Land Title Law (Torrens Title) and held under separate ownership from adjacent property on the effective date of this Ordinance.
Lot, Area. The total area, measured in a horizontal plane, included within the lot lines of a lot or parcel of land.
Lot, Corner. A lot located at the intersection of two or more streets at an angle of not more than 135 degrees. If the angle is greater than 135 degrees, the lot shall be considered an interior lot.
Lot, Cul-de-sac. A lot fronting on, or with more than one-half of its lot frontage, on the turnaround end of a cul-de-sac street.
Lot, Depth. The horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.
Lot, Interior. A lot other than a corner or reverse corner lot.
Lot, Key. Any lot where the side property line abuts the rear property line of one or more lots, and where such lots are not separated by an alley or any public way.
Lot Line. Any line bounding a lot as defined in this section.
Lot Line, Exterior. A lot line abutting a street.
Lot Line, Front. On an interior lot, the front lot line of the property line abutting the street, except in those cases where the latest tract deed restrictions specify another line as the front lot line. On a corner or reversed corner lot, the front lot line is the shorter property line abutting a street. On a through lot, or a lot with three or more sides abutting a street, or a corner or reversed corner lot with lot lines of equal length, the Zoning Administrator shall determine which property line shall be the front lot line for purposes of compliance with the setback provisions of this Zoning Code.
Lot Line, Interior. A lot line not abutting a street.
Lot Line, Rear. A lot line not abutting a street that is opposite and most distant from the front lot line. For triangular lots where there is no rear lot line, the rear lot line shall be defined as the point at which the side lot lines intersect.
Lot Line, Side. Any lot line that is not classified as a front lot line or rear lot line.
Lot Line, Zero. A lot line that does not have any side-yard setback.
Lot, Reverse Corner. A corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear.
Lot, Through. A lot having frontage on two parallel or approximately parallel streets. A through lot may have no rear lot line.
Lot; Width. The horizontal distance between the side lot lines measured at right angles to the lot depth line at a distance located midway between the front and rear lot lines.
M
Main Building. A building that is designed, and used for, or intended to be used, to accommodate the principal use on the lot. In residential zones, any dwelling shall be considered the main building on the lot.
Maintenance and Repair Services. An establishment providing household appliance repair, furniture repair, office machine repair, bicycle repair, or building maintenance services. This classification excludes maintenance and repair of motor vehicles, boats, or ships.
Mansard or Mansard Roof. A roof having two slopes on all sides with the lower slope steeper than the upper one.
Manufactured Housing. A mobile home, or manufactured housing unit, as defined by and installed in accordance with California Health and Safety Code Section 18008 and 18551, respectively, and factory-built housing as defined by California Health and Safety Code Section 19971.
Medical Clinic. Any facility providing physical or mental health service, and medical or surgical care of the sick or injured, but shall not include inpatient or overnight accommodations. Activities included within this definition are health centers, health clinics, and doctors' offices.
Mini-storage, Mini-warehouse, Self-storage or Public-storage means an operation serving the public where customers rent or lease, or self-store and have direct access to, individual storage areas, compartments, or facilities rooms within a larger structure or structures provided for storage use. This use may also include limited caretaker facilities.
Mobile Home. A movable or transportable vehicle, other than a motor vehicle, intended for occupancy for one family, and having no foundation other than jacks, piers, wheels or skirtings. All mobile homes located on lots must be a minimum of 450 square feet, with a minimum of ten feet in width. All mobile homes must have a complete sanitary facilities, including a lavatory, flush type toilet, tub or shower, and kitchen sink, all connected to sewage outlets in conformity with state, county and health requirements.
Mortuary. An establishment providing services such as preparing the deceased for burial, and arranging and managing funerals and related services, and may include limited caretaker facilities. This classification excludes cemeteries, crematoriums, and columbariums.
Motel. One or more buildings containing more than five completely furnished individual guest rooms with one or more such rooms or units having a separate entrance leading directly from the outside of the building or an inner court. Such facilities are designed, used, or intended to be used, rented or hired out as temporary or overnight accommodations for guests, and are offered primarily to automobile tourists or transients. Motels include auto courts, motor lodges, and tourist courts.
N
Nonconforming. A building and/or improvement, or portion thereof, which does not conform improvement to current Zoning Code regulations. Nonconforming use, any use of land or property that was lawfully established and in effect at the lawful or legal time this Zoning Code or any amendment became effective, but no longer
complies with all of the applicable regulations and standards of the zone in which the use is located.
Nonconforming any structure or improvement that was lawfully established and in existence structure, lawful at the time this Zoning Code or any amendment became effective, but no or legal longer complies with all of the applicable regulations and standards of the zone in which the structure or improvement is located.
O
Offices. Administrative, clerical, or public contact offices of a government agency, government including postal facilities, together with incidental storage and maintenance of vehicles.
Offices, Medical. Offices or health facilities providing health services, including without limitation, preventative and rehabilitation treatment, diagnostic services, and testing and analysis, but excluding inpatient services and overnight accommodations. This classification includes without limitation offices providing medical, dental, surgical, rehabilitation, podiatric, optometric, chiropractic, and psychiatric services, and medical or dental laboratories incidental to such offices.
Offices, Professional. Offices for firms or organizations providing professional, executive, management or administrative services, such as architectural, engineering, real estate, insurance, investment, or legal offices. This classification excludes savings and loan associations, banks, and medical offices.
Off-Street Parking Facility. A lot, or portion thereof, improved and used for the parking of vehicles, including, but not limited to, enclosed garages and parking structures, open parking areas, aisles, driveways, and appurtenant landscaped planters and their improvements.
Open Space, Useable (Useable Open Space). Open space upon the lot or parcel to which it is appurtenant, which can be used by inhabitants of the property for outdoor living, activity and/or recreation and may include landscaping. Each linear dimension of such space shall be a minimum of six feet. Balconies may be credited as "usable open space" provided they each have linear dimensions of a minimum of five feet. Enclosed recreation or multi-purpose activity rooms may be credited as "usable open space." All such areas shall be readily accessible to the inhabitants of the property. "Usable open space" does not include driveways, open or covered parking areas, utility space such as trash or garbage areas, or space occupied by the required front yard setback. For the R-MF zone, the following minimum usable open space is required for:
1. Each studio apartment, 200 square feet;
2. Each one-bedroom apartment, 200 square feet;
3. Each two-bedroom apartment, 200 square feet plus 100 square feet making a total of 300 square feet;
4. Each additional bedroom an additional 100 square feet.
The computation of usable open space provided shall be as follows:
1. The following areas shall be computed at 1.25 times the area actually devoted to such use:
a. Private patios, when directly accessible to the dwelling unit to which it is appurtenant; such patios shall be completely enclosed on all sides by a fence which is a minimum of five feet in height;
b. Balconies and lanais, when directly accessible to the unit to which they are appurtenant; such balconies and lanais must have a minimum dimension of five feet; and c. Swimming pool areas, including the hard surface deck, which normally surrounds such pools.
Deck area more than 25 feet from the edge of the pool will not be counted as open space under this recreation activity rooms, provided these rooms are permanently maintained for the use of tenants for various recreation activities. Such activity rooms shall not include lobbies, but may include common steam rooms, sauna baths, or the like.
2. All other areas meeting usable open space requirements shall be credited with the actual area (square feet) provided.
3. No area will be considered as usable open space if it has any dimension less than six feet except balconies.
Outdoor Advertising. The use of signs or other measures soliciting public support or directing public attention to the sale, lease, hire, or use of any objects, products, services, or functions which are not produced, sold, or otherwise available on the premises where such signs are erected or maintained.
Outdoor Living Space. Either an open passive landscaped area specifically designed, improved, and maintained to enhance the architectural design, privacy, and general environmental quality of a residential development or an easily accessible public or private activity area specifically designed, improved, and maintained for outdoor living and/or recreation by occupants of the residential development.
Outdoor Storage use means establishments that engage primarily in the outdoor storage of goods, materials (except temporary storage of construction materials associated with an active building permit), machines, vehicles, trailers, and other equipment.
P
Parcel. A contiguous quantity of land owned by, or recorded as the property of, the same claimant or person.
Parking Space. A space within an off-street parking facility that has the minimum attributes of size, location, and design specified in Article 21 (Parking requirements) of this Zoning Code.
Parks and Recreation Facilities. Uses that include, but are not limited to, land and interests in land; swimming pools; tennis, volleyball and basketball courts; baseball grounds; play areas; turf; sprinkler systems; community center buildings; recreation buildings; and other works, properties, structures, and facilities necessary or convenient for public park, playground, or recreation purposes.
Pawn Shop. A business establishment engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property.
Performance Art. A public building used for theatrical performances, concerts, recitals, and facilities similar entertainment. This classification excludes commercial cinemas or theaters.
Personal Convenience Service. A business establishment providing recurrently-needed services of a personal nature. This classification includes, but is not limited to, barber and beauty shops, seamstresses, tailors, shoe repair shops, photocopying, retail dry cleaning establishments (excluding wholesale dry cleaning plants), selfservice laundromats, and similar services. This classification excludes massage parlors, tattoo parlors, and/or skin piercing establishments.
Personal Improvement Service. A business establishment providing instructional services or facilities, including, but not limited to, photography, fine arts, crafts, dance or music studios, driving schools, modeling agencies, reducing salons, and health or physical fitness clubs. Incidental instructional services associated with a retail use shall be classified as "retail sales" rather than "personal improvement services." Planned Unit Development. The planning, construction, or implementation and operation of any use or structure, or a combination of uses and structures, on a single parcel of land based on a comprehensive and complete design or plan treating the entire complex of land, structures, and uses as a single project.
Plant Nursery. A site used to raise trees, shrubs, flowers, and other plants for sale or for transplanting, and where all merchandise (other than plants) is kept within an enclosed building or fully-screened enclosure, and fertilizer of any type is stored and sold in package form only.
Pre-existing. In existence prior to the effective date of this Ordinance.
Public Building. A building owned and operated by a public agency for public use.
Public Safety Facility. A public facility providing public safety and emergency services, including police and fire protection, and associated support and training facilities.
Public Utility Facility. A building or structure used by any public utility including, but not limited to, any gas treatment plant, reservoir, tank, or other storage facility, water treatment plant, well, reservoir, tank or other storage facility, electric generating plant, distribution or transmission substation, telephone switching or other communications plant, earth station or other receiving or transmission facility, any storage yard for public utility equipment or vehicles, and any parking lot for parking vehicles or automobiles to serve a public utility. The term "public utility" shall include every gas, electrical, telephone and water corporation serving the public or any portion thereof for which a certificate of public convenience and necessity has been issued by the State Public Utility Commission.
Q
R
Recreational Facility. A publicly-owned and operated recreational structure or building, such as a tennis court, swimming pool, multi-purpose community building, or similar use.
Recyclable Material. A reusable material, including, but not limited to, metals, glass, plastic, and paper, and which is intended for reuse, re-manufacture, or reconstitution for the purpose of using the altered form. "Recyclable material" shall not include refuse or hazardous materials. "Recyclable material" may include used motor oil collected and transported in accordance with Section 25250.11 and Section 25143.2(b)(4) of the State Health and Safety Code.
Recycling Facility. A center for the collection and/or processing of recyclable materials. "Certified recycling facility" or "certified processor" refers to a recycling facility certified by the State Department of Conservation as meeting the requirements of the State Beverage Container Recycling and Lifter Reduction Act of 1986. A recycling facility does not include storage containers or processing activities located on the premises of a residential, commercial, or manufacturing use, and used solely for the recycling of material generated by such residential property, business, or manufacturer.
Recycling, Collection Facility. A center for the acceptance of recyclable materials from the public by donation, redemption, or purchase.
Recycling, Processing Facility. A building or enclosed space used for the collection and processing of recyclable materials. "Processing" means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and re-manufacturing.
Renewable Energy. Energy sources that constantly renew themselves or are regarded as practically inexhaustible. Renewable energy includes energy derived from solar, wind, geothermal, hydroelectric, wood, biomass, tidal power, sea currents, and ocean thermal gradients Rental Units. A housing unit leased for the occupancy of a residential household.
Residence. One or more rooms designed, used, or intended to be used as permanent living quarters for a household, and not as temporary or overnight accommodations.
Residential Care Facility, Licensed. A residential care facility licensed or supervised by any federal, state, or local agency, which provides housing and nonmedical care for children, elderly persons, or physically and mentally handicapped persons in a family-like environment. These facilities include the following:
(a) An intermediate care facility, developmentally disabled habilitative and intermediate care facility/developmentally disabled-nursing or a congregate living facility as identified in State of California Health and Safety Code section 1267.8;
(b) A community care facility as identified in State of California Health and Safety Code section 1566.3; (c) A residential care facility for the elderly as identified in State of California Health and Safety Code section 1569.85;
(d) An alcoholism or drug abuse recovery or treatment facility as identified in State of California Health and Safety Code section 11834.02;
(e) A home for the care of mentally disordered or otherwise handicapped persons as identified in State of California Welfare and Institutions Code section 5116;
(f) A home for the care of dependent and neglected children as identified in the State of California Welfare and Institutions Code section 300, but not including wards of the court as identified in the State of California Welfare and Institutions Code section 601ff.
Rest Home. See "Convalescent home".
Restaurant, Sit Down. A business establishment that is maintained, operated, and/or advertised or held out to the public as a place where food and beverage are served to the public on demand from a menu during stated business hours, served in and on reusable containers and dinnerware, to be consumed on the premises primarily inside the building at tables, booths, or counters, with chairs, benches, or stools. This use may include incidental delivery service utilizing no more than two delivery vehicles.
Restaurant, Fast-Food. A business establishment that is maintained, operated, and/or advertised or held out to the public as a place where food and beverage are served to customers from a serving counter in disposable containers or wrappers and where food and meals are generally prepared in advance for immediate sale, and which may include inside seating, drive-through service, delivery service, and take-out/carry-out service.
Restaurant, Delivery. A place where orders for food and beverages may be placed in person or by telephone, facsimile, copier, or other off-site means of communication, from a limited menu, and which orders are delivered to a location directed by the customer.
Restaurant, Take-out. A business establishment that is maintained, operated, and/or advertised or held out to the public as a place where food and beverages are served in disposable containers or wrappers from a serving counter for consumption exclusively off the premises.
Retail Sales. A business establishment engaged in the retail sale of merchandise not specifically listed under another use classification as defined in this section. This classification includes, but is not limited to: department stores, clothing stores, furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, books, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, antiques, art supplies, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation). This classification excludes thrift shops and pawnshops.
Room. An unsubdivided portion of the interior of a dwelling, excluding bathrooms, kitchens, closets, hallways, and service porches.
S
School, Elementary, Junior High, and High. An institution of learning which offers instruct on in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California.
School, Private. An educational institution having a curriculum comparable to that required in the public schools of the State of California.
Secondary (or second) Unit. A detached dwelling unit that provides complete, independent living residential unit facilities for one or more persons. A secondary residential unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot on which the primary unit is situated.
Senior Housing. A housing development project in which 100 percent of the project rental units are intended to be occupied by persons who are 62 years of age or older, or married couples, of which one spouse is over 62 years of age.
Service Station. See "Vehicle, service station".
Setback. A required open space on an improved lot that is unoccupied by buildings and unobstructed by structures from the ground upward, except for projections and accessory buildings permitted by the provisions of this Zoning Code. Setbacks shall be measured as the shortest distance between a property line and the nearest vertical support or wall of the building, enclosed or covered porch, or other structure.
Setback, Between. A required open space between separate buildings or between separate buildings or dwelling units on the same lot or building site. Such setback shall be setback between measured as the minimum distance between the nearest vertical support dwelling units or wall of each building or enclosed or covered porch.
Setback, Exterior Side. A side setback abutting a street.
Setback, Front. A setback extending across the full width of the front of the lot, the minimum and/or average dimensions of which are determined by the property development standard of the applicable zone in which such lot is located.
Setback, Rear. A setback extending across the full width of the rear of a lot, the minimum and/or average dimensions of which are determined by the property development standards of the applicable zone in which such lot is located.
Setback, Side. A setback extending from the required front setback to the required rear setback, or to the front and/or rear property lines where no front and/or rear setback is required by the provisions of this Zoning Code, the minimum and average dimensions of which are determined by the property development standards of the applicable zone in which such lot is located.
Sign. Any card, cloth, plastic, paper, metal or other material or painted character visible from outside of a structure for advertising purposes, mounted to the ground or any, tree, building, wall, bush, rock, fence or structure,. whether privately or publicly owned. "Sign", means any graphic announcement, declaration, demonstration, display, illustration, insignia or object used to advertise or promote the interest of any person or business when the same is placed out-of-doors in view of the general public. This definition shall not include the display of. the American flag, flag of the State, county, public entity or City flag.
Sign, A-Frame. A freestanding sign usually hinged at the top or attached in a similar manner, and widening at the bottom to form a shape similar to the letter "A." Such signs are usually designed to be portable, and are not considered to be permanent signs or displays.
Sign, Animated Signs. Signs designed to attract attention through movement or the semblance of movement of the whole or any part including, but not limited to, signs which swing, twirl, move back and forth or up and down; or signs which change color or shades of color; or any other method or device which suggests movement.
Animated signs do not include flags and banners, time and temperature signs.
Sign, Announcement or Bulletin Board Signs. Signs permanent in character designed to accept changeable copy, handbills, posters and matters of a similar nature.
Sign, Area of Sign. The area of a sign shall include the entire area within a series of rectangles whose outermost boarders are defined by the outermost extent of any writing, representation, emblem, figure, character or separate sign surface. When letters comprising a sign message are placed on a background or field which is different in color or materials from the architectural features of the building on which the sign is mounted, the sign area shall be calculated as the entire area comprising the overall sign feature. In the case of a two-sided sign, the area shall be computed as including only the maximum single display surface that is visible from any ground position at one time. The supports or uprights on which any sign is supported should not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral
background of the sign. In the case of any cylindrical or spherical sign, the total area shall be computed on the total area of the surface of the sign.
Sign, Awning Sign. A sign painted or printed on the exterior surface of an awning. An alternative to a wall sign, permitted as same.
Sign, Balloon. One or more balloons used as a permanent or temporary sign or as a means of directing attention to any business or profession, or to a commodity or service sold, offered, or manufactured, or to any entertainment.
Sign, Banner. A fabric or fabric-like material on which an advertising message is painted or otherwise affixed.
Sign, Billboard. A sign that directs attention to a business, profession, product, commodity or service offered on the site on which the sign is located.
Signs, Changeable Copy. Copy for temporary use which is changed at periodic intervals and which may be utilized on pylon, monument, wall, bulletin board or announcement signs.
Sign, Commercial Complex. Any group of three or more commercial uses on a parcel or combination of parcels which are generally served either by common access or common parking, or large single commercial use occupying at least two and one-half acres with a minimum of 200 feet of street frontage.
Sign, Construction Signs. Signs stating the names of those individuals or businesses, such as architects, engineers, contractors, or owners directly connected with a construction project and/or the name of the project, the address of the business, and emergency telephone numbers.
Sign, Directional Signs. Signs which contain any of the following words: "Entrance", "enter", "out", "one-way" or other words, or words which contain nonflashing arrows or other characters indicating traffic direction.
Sign, Electronic Message Sign. A sign having the capability of presenting variable message displays, including time and temperature, by projecting an electronically controlled light pattern against a contrasting background and which can be programmed to change the message display periodically.
Sign, Flag. A device, generally made of flexible materials, usually cloth, paper or plastic, usually used as a symbol of a government, school, religion, etc. It may or may not contain any copy.
Sign, Flashing Signs. Lighted signs which in whole or in part disappear and reappear at periodic intervals, or are intermittently on and off, and which are placed so as to attract vehicular traffic with emphasis on the recurrence of lights as in those types generally referred to as "nervous" signs, arrows, stars, etc., and/or beacon signs.
Sign, Freestanding. A sign that is completely supported by structures or other supports that are placed on or anchored in the ground and are independent from any building or other structure.
Sign, Height of Signs. The distance from the average ground level immediately surrounding the base of the sign to the top of its highest element, including any structural or architectural element. Landscape mounding shall not be used to artificially increase the height of a sign.
Sign, Monument Signs. A sign with an overall height of six feet or less, standing directly on the ground or on a base of where supporting poles or structures, if any, are enclosed by decorative covers.
Sign, Nameplate. Signs naming the occupant of the premises, the business and/or address.
Sign, Off-site Signs. Any sign which advertises or informs in any manner businesses, services, goods, persons or events at some location other than that upon which the sign is located.
Sign, Painted Signs. Signs painted on the exterior surface of a building or structure. Painted signs do not Sign, Pennant. A device generally made of flexible materials, usually cloth, paper or plastic. A pennant may or may not contain any copy and is primarily intended to draw attention.
Sign, Pylon Sign. A sign with an overall height exceeding six feet and having one or more decorative supports permanently attached directly into or upon the ground.
Sign, Political Signs. Political signs are signs setting forth a political message with respect to an upcoming federal, State or local governmental election.
Sign, Portable Signs. Signs not designed to be attached to a building or anchored to the ground, including "A" boards, sandwich signs and signs attached to a fence/wall.
Sign, Poster Signs. Any sign attached to the ground in a manner approved by the building official, which may be visible from adjacent streets or highways.
Sign, Projecting Signs. Signs including wall signs which are suspended from or supported by a building or wall and which project from said building or wall.
Sign, Real Estate Signs. All signs and sign structures relating to the sale, lease or other disposition of the real property on which the sign is located and which are temporary in nature.
Sign, Revolving Signs. Signs, all or a portion of, which rotate in a constant, circular manner.
Sign, Roof Signs. Any sign supported by or attached to or projecting through the roof of a building or structure, or projecting above the eave line or parapet wall of the building or structure.
Sign, Special Event Sign. A temporary sign, which advertises special events and activities such as grand openings, charitable events, Christmas trees, fireworks, or as specified by the Planning Director.
Sign Structure. The supports, uprights, bracings, guy rods, cables and other structural framework of a sign or outdoor display.
Sign, Temporary Signs. Signs erected for a temporary purpose not exceeding 45 days, including banners, pennant valances, streamers, balloon signs, inflated devices, search lights, beacons, costumed or live persons, moving stuffed animals, or advertising light or similar materials used for advertising purposes attached to or pinned on or from any structure, staff, pole, line, framing, vehicle or other object.
Sign, Time and Temperature Sign. An electronically controlled sign with illuminated flippers or light bulbs for the sole purpose of displaying the time, and temperature (F. and/or C.) at intermittent intervals. Under Canopy Signs. A sign with a single or double face copy attached to the underside of a projecting canopy perpendicular to the building frontage.
Sign, Unofficial (Non-Regulatory) Signs. Signs located on public property (e.g., street or median island, parkway, sidewalk, traffic control sign posts, utility poles, park land, trees, etc.).
Sign, Vehicle Signs. Signs on or affixed to trucks, vans, automobiles, trailers, or other vehicles which advertise or provide direction to a use or activity not related to its lawful making of deliveries or sales of merchandise or rendering of service from such vehicles.
Sign, Wall Signs. Signs which are in any manner affixed to any exterior wall of a building or structure, the exposed face of which is in a plane parallel to the plane of the wall and which projects not more than 12 inches from the building or structure wall.
Sign, Window Signs. Signs painted, attached, glued or otherwise affixed to a window or otherwise easily visible from the exterior of the building.
Sign, Wall Murals. The decoration on the exterior surface of a structure with scenic, architectural or artistic paints which in themselves do not identify or advertise any product, service or business. A wall mural is a sign if it is related by language, logo or pictorial depiction to the advertisement of any product or service or the identification of any business.
Snack Shop. A business establishment that is maintained, operated, and/or advertised or held out to the public as serving snack foods, such as donuts, ice cream, yogurt, candy, cookies, bakery items, beverages, and similar items to be consumed either on the premises or off the premises.
Solid Fill. Any noncombustible materials insoluble in water, such as soil, rock, sand, or gravel, that can be used for grading land or filling depressions.
Spa, Non-Portable. See "Swimming pool".
Spa, Portable. A non-permanent structure intended for recreational bathing, in which all controls, waterheating, and water-circulating equipment are an integral part of the product and which is cord-connected (not permanently electrically wired).
Story. "Story" as defined in the currently adopted and effective Uniform Building Code of the City.
Story-Half. A story with at least two of its opposite sides situated immediately under a sloping roof, with the floor area of said story not in excess of two-thirds of the floor area of the floor immediately below it.
Street. A public thoroughfare or right-of-way acquired for use as such, or an approved private thoroughfare or right-of-way, other than an alley, which affords the principal means of access to abutting property. "Street" shall include all major and secondary highways, traffic collector streets, and local streets.
Street, Center line. See "Center line".
Street Line. The boundary line between the street right-of-way and abutting property.
Structural Alteration. Any change in the supporting members of a building, such as bearing walls, columns, beams, girders, floor joists, ceiling joints, or roof rafters.
Structure. Any physical improvement constructed or erected, including an edifice or building of any kind, or any piece of work artificially constructed or composed of parts jointed together in some definite manner, and which structure requires location on or in the ground or is attached to another improvement or in the ground, including fences, walls, swimming and wading pools, and patios.
Swap Meet. Any indoor or outdoor place, location, or activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by a multitude of individual licensed vendors, usually in compartmentalized spaces; and, where a fee may be charged to prospective buyers for admission, or a fee may be charged for the privilege of offering or displaying such merchandise. The term "swap meet" is interchangeable with, and applicable to, flea markets, auctions, open air markets, farmer's markets, or other similarly named or labeled activities; but the term does not include the usual supermarket or department store retail operations.
Swimming Pool. Any structure intended for swimming, diving, or recreational bathing that contains water over 24 inches deep. This includes in-ground, above-ground, and on-ground swimming pools, hot tubs, and spas.
Swimming Pool, Indoor. A swimming pool which is totally contained within a residential structure and surrounded on all four sides by walls of said structure.
Swimming pool, Outdoor. Any swimming pool which is not an indoor pool.
Structure Advertising. A structure existing, erected, or maintained to serve exclusively as a stand, frame, or background for the support or display of signs.
T
Thrift Shop. A business establishment primarily engaged in the sale of used clothing, household goods, furniture, or appliances. This classification does not include antique shops.
Tire - a rubber covering, typically inflated or surrounding an inflated inner tube, placed around a wheel to form a flexible contact with the road. May include new or used tires.
Tire Repair – the process of mending a hole, tear, fissure or blemish in a tire by including but not limited to grinding, gouging, applying adhesive or filling a hole or crevice with rubber.
Tire Store - an establishment where the sale, installation or storage of new or used or retread tires and tubes is conducted with or without other products or services. Tire store does not include a retreading establishment, collection, reduction or transfer of tires.
Townhouse. A single-family dwelling which visually appears to share one or more common walls with an adjacent single-family dwelling, but which, in fact, is structurally and functionally independent of any other singlefamily dwelling.
Trailer Coach. Any vehicle, with or without motor power, designed or used for human habitation and constructed to travel on the public thoroughfares in accordance with the provisions of the California State Vehicle Code.
Trailer Park. A site designed and equipped for the harboring, parking, or storing of one or mobile home park more trailers or mobile homes being used as living and/or sleeping quarters.
Trailer Site. That portion of a trailer park designated for use or occupancy of one trailer coach and including all appurtenant facilities.
Transfer Station. An area, including any necessary building or structures, for the temporary waste storage and the salvage of rubbish, garbage, or industrial waste. This definition also includes material recovery facilities.
Triplex. A structure containing three individual residential dwelling units.
Truck Yard or Truck Terminal means a type of outdoor storage use whereby an outdoor lot, lot area, or parcel of land used, is designed and maintained primarily for the purpose of storing, parking, dispatching, or keeping trucks, tractors, construction equipment and associated equipment together with or without facilities necessary to service, dispatch, store or maintain aforementioned vehicles, their cargos and crews. Also applies to a business engaged in the storage and distribution of goods having more than five heavy trucks (having a rating of more than 10,000 pounds and/or an unladen weight of more than 6,000 pounds) on the premises at any one time but excluding trucking accessory to another industrial use on the site.
U
Uniform Sign Program. All applications for approval of signs in a shopping center, commercial, industrial or office complex, a group of three or more businesses on a parcel or project site or for commercial recreation uses shall be submitted in the form of a construction, including connections and electrical plans, if any, and shall delineate the typical size, shape, design, material, coloring, lettering, lighting and position of the signage in relationship to the building form or place where it will be displayed. Scaled sketches of existing signs on the premises shall accompany the application.
Use. The purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied, utilized, or maintained.
V
Variance. A modification of a literal provision of this Zoning Code, granted by an administrative or quasijudicial act in accordance with the provisions of this Zoning Code.
Vehicle. A business engaged in the washing, waxing, cleaning, and/or detailing of automobile washing automobiles or similar light vehicles.
Vehicle Body. A business establishment involved in the repairing, restoring, and/or painting and fender shop of the bodies of motor vehicles.
Vehicle Rentals. A business engaged in the sale, lease and/or rental of automobiles and light trucks (having a rating of less than 10,001 pounds, an unladen weight of less than 6,001 pounds, and equipped with an open boxtype bed less than nine feet in length), including storage and incidental maintenance and repair.
Vehicle Repair Garage. Any site and improvements used for the repair and maintenance of automobiles, motorcycles, light trucks (having a rating of less than 10,001 pounds, an unladen weight of less than 6,001 pounds, and equipped with an open box-type bed less than nine feet in length), or other similar passenger vehicles licensed by the State Department of Motor Vehicles. This classification shall not include the repair or maintenance of motor homes or commercial vehicles as defined in Section 3-7.901 of this Zoning Code. "Motor vehicle repair garage" shall be construed broadly to include the place where the following types of commonly-known garage or shop activities occur: tune-up and muffler work, parts and tire sales and installation, wheel and brake work, engine and transmission overhaul, and installation of car alarms and car stereos. "Motor vehicle repair garage" shall not include automobile wrecking, dismantling, or salvage, motor vehicle body and fender shops, or tire retreading or recapping.
Vehicle, Service. A business establishment primarily engaged in the retail sale of vehicle fuel station and lubricants. This classification includes facilities having service bays for vehicle service and repair. Such service and repair may include the sale of tires, batteries, and other parts and products related to the operation of a motor vehicle; minor tune-up; lubrication and parts replacement; non-mechanical car-washing, polishing, and waxing; and other light work related to preventive maintenance and upkeep, but may not include maintenance and repair of large trucks or other large vehicles, or body and fender work on any vehicles.
Vehicle Towing/Storage. A business establishment providing towing and/or storage of operative or inoperative vehicles. This classification includes the storage of parking tow-aways, impound yards, and storage lots for buses and recreational vehicles, but does not include vehicle dismantling.
Visual Obstruction. Any physical obstruction which limits the visibility of persons in motor vehicles or pedestrians approaching intersecting or intercepting streets, alleys, driveways, or other public rights-of-way.
W
Wall or Fence. A structure forming a physical barrier, including, but not limited to, concrete, concrete block, wood, or other materials which are solid and are so assembled as to form a barrier.
Warehouse Retail. An off-price or wholesale retail/warehouse establishment exceeding 70,000 square feet of gross floor area and offering a full range of general merchandise to the public.
Warehouse Retail, Specialty. An off-price or wholesale retail/warehouse establishment exceeding 30,000 square feet of gross floor area and offering a limited range of merchandise, serving both wholesale and retail customers.
Washroom. Any building, which contains individual laundry facilities and/or bathroom facilities, but does not include kitchen facilities.
Wholesaling, Distribution and Storage. A business engaged in storage and distribution, and having five or fewer heavy trucks (having a rating of more than 10,000 pounds and/or an unladen weight of more than 6,000 pounds) on the premises at any one time. Wholesaling establishments may include no more than ten percent or 1,000 square feet of floor area, whichever is less, for the incidental direct sale to consumers of only those goods distributed wholesale. This classification excludes "Mini-warehouses or self-storage facilities" and "Vehicle towing/storage."
Wholesale Dry-Cleaning Plant. A dry cleaning establishment having at least 51 percent of its gross sales to licensed dry cleaners.
X
Y
Yard. An open space on a lot or parcel of land, other than a court, unoccupied and unobstructed by a building from the ground upward.
Yard, Front. A yard extending across the full width of the lot or parcel of land. The depth of a required front yard shall be a specified horizontal distance between the front lot line, where the front lot line is coterminous with the street line, and the front elevation of the structure located on the parcel.
Yard, Rear. A yard extending across the full width of the lot or parcel of land. The depth of a required rear yard shall be a specified horizontal distance between the rear lot line and a line parallel thereto on the lot or parcel of land.
Yard, Side. A yard extending from the required front yard, or the front lot line where no front yard is required, to the required rear yard or the rear lot line where no rear yard is required. The width of a required side yard shall be a specified horizontal distance between each side lot line and a line parallel thereto on the lot or parcel of land. Where a side yard is bounded by a street, the width of such required side yard shall be a specified horizontal distance between the side lot line on the street side, where said side lot line is coterminous with the street line of a fully-widened street or the ultimate street line of a partially-widened street, and a line parallel thereto on the lot or parcel of land.
Z
Zoning Map. The Official Zoning Map delineating the boundaries of zones within the City of Beaumont. (Ord. 977, 12/07/2010; Ord. No. 1025, § 3, 9-18-2012 )
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Chapter 17.11.160 Energy Storage Facilities.
17.11.160 Energy Storage Facilities
A. Intent. Energy Storage Facility regulations are adopted with the intent of advancing and protecting the public health, safety, and welfare of the City of Beaumont 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.
B. 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 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 Energy Storage Management System: An electronic system that protects 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 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.
8. Renewable Energy: Energy sources that constantly renew themselves or are regarded as practically inexhaustible. Renewable energy includes energy derived from solar, wind, geothermal, hydroelectric, wood, biomass, tidal power, sea currents, and ocean thermal gradients.
C. Applicability. The requirements of this ordinance shall apply to all energy storage systems permitted, installed, or modified after the effective date of this ordinance, excluding general maintenance and repair. 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 energy storage system 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 energy storage systems shall be subject to the regulations and guidelines of Chapter 17.08, Non-conforming Uses of the Beaumont Municipal Code.
D. Development Standards. The following shall apply to all Energy Storage Facilities:
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 Beaumont Municipal Code:
a. The site shall be fully enclosed by a minimum eight-foot, non-scalable solid wall. 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.
b. 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.
c. Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all solid screen walls.
d. Except as set forth in subparagraph (e), no equipment or appurtenances not in an enclosed structure shall exceed the screen wall height described in subparagraph (a), above. Enclosures for batteries and other systems shall not exceed fifteen feet in height. Buildings shall be subject to height standards of the Manufacturing zone.
e. 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 Manufacturing zone subject to Planning Commission approval.
f. On-site parking shall be provided as specified below:
1. For sites occupied daily by employees or contractors, one parking space per employee or contractor shall be provided.
2. For unoccupied sites, one on-site parking space shall be provided.
3.All structures, appurtenances, parking and drive aisles shall be paved with asphalt or concrete.
4. All outdoor facilities shall be in compliance with the Chapter 8.50 Outdoor Lighting of the Beaumont Municipal Code.
5. All site landscaping shall comply with Chapter 17.06 Landscaping of the Beaumont Municipal Code.
6. All facilities shall have an approved signage plan including safety signage to be posted at the site.
E. Decommissioning.
1. Decommissioning Plan. Prior to approval of a building permit, 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 estimated decommissioning costs and how said estimate was determined;
e. The method of ensuring that funds will be available for decommissioning and restoration;
f. The method that the decommissioning cost will be kept current; g. 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
h. 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. Decommissioning Fund. The applicant, or successors, shall continuously maintain a fund or bond payable to the City of Beaumont, in a form approved by the City for the removal of the battery energy storage system, in an amount to be determined by the City, for the period of the life of the facility. This fund may consist of a letter of credit from a licensed-financial institution. All costs of the financial security shall be borne by the applicant.
3. 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 of 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 Planning 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 Planning 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 Planning Department in the required timeframe. Reinstatement of a void project or approvals will be subject to the same review and approval processes for new applications under this chapter.
F. Performance Measures and Standard Conditions of Approval.
1. 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 9.02 Noise Control of the Beaumont 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 and the decommissioning plan shall be recorded against title to the property as a covenant running with the land.
- ORDINANCE NO. L/-4 30
AN ORDINANCE OF THE COUNTY OF VENTURA, STATE OF CALIFORNIA AMENDING DIVISION 8, CHAPTER 1, ARTICLES 2, 5, 7, AND 19 OF THE VENTURA
COUNTY ORDINANCE CODE, NON-COASTAL ZONING ORDINANCE TO AMEND THE DEFINITION FOR "ENERGY PRODUCTION FROM RENEWABLE SOURCES"
AND INCLUDE A DEFINITION, USE CATEGORY, AND ACREAGE LIMITATION FOR "ENERGY STORAGE" FACILITIES IN CERTAIN ZONES
The Board of Supervisors of the County of Ventura ("County") ordains as follows:
Section 1
ARTICLE 2:
DEFINITIONS
Article 2, Section 8102-0 - Application of Definitions of the Ventura County Ordinance Code is hereby amended to revise the definition of "Energy Production from Renewable Sources" and to add a definition for "Energy Storage," to read as follows:
Energy Production from Renewable Sources and Energy Storage - Any facility, structure, or installation as a principal use that produces energy from naturally replenished sources such as, but not limited to, wind, water, sunlight, geothermal heat, or biomass, and/or facilities that store energy primarily for off-site uses.
Energy Storage - A specific type of land use under the definition "energy production from renewable sources and energy storage" that is limited to the storage of energy primarily for off-site use.
County of Ventura • BOARD OF SUPERVISORS HEARING 2024 • EXHIBIT 2, BH-1
Section 2
ARTICLE 5:
USES AND STRUCTURES BY ZONE
Article 5, Section 8105-4 - Permitted Uses in Open Space, Agricultural, Residential and Special Purpose Zones of the Ventura County Ordinance Code is hereby amended to rename the use category of "Energy Production from Renewable Sources" to "Energy Production from Renewable Sources and Energy Storage" and add a reference to applicable development standards, to read as follows:
Sec. 8105-4 - Permitted Uses in Open Space, Agricultural, Residential and Special Purpose Zones
OS AE RA RE RO R1 R2 RPD RHD
ENERGY PRODUCTION FROM
RENEWABLE SOURCES AND CUP CUP CUP ·~
ENERGY STORAGE * (3) .,
'· .... ·~
TP TRU
Article 5, Section 8105-5 - Permitted Uses in Commercial and Industrial Zones of the Ventura County Ordinance Code is hereby amended to rename the use category of "Energy Production from Renewable Sources" to "Energy Production from Renewable Sources and Energy Storage" and to add a line item for "Energy Storage," with a reference to applicable development standards, to read as follows:
Sec. 8105-5 - Permitted Uses in Commercial and Industrial Zones
co C1 CPD M1 M2
.ENERGY PRODUCTION FROM RENEWABLE SOURCES '
AND ENERGY STORAGE (3)
CUP
·, iu
Energy Storage * I PD PD I I
County of Ventura • BOARD OF SUPERVISORS HEARING 2024 • EXHIBIT 2, BH-1 M3
CUP
PD
Section 3
ARTICLE 7:
STANDARDS FOR SPECIFIC USES
Article 7 - Standards for Specific Uses of the Ventura County Ordinance Code is hereby amended by adding a new Section 8107-49 - Energy Production from Renewable Sources and Energy Storage to read as follows:
Sec. 8107-49 - Energy Production from Renewable Sources and Energy Storage
The purpose of this Section 8107-49 is to regulate energy production from renewable sources and energy storage to ensure public safety and compatibility with surrounding land uses, and limit impacts to agricultural and open space lands, while providing reliable renewable energy for the community.
Sec. 8107·49.1 - Energy Storage Acreage Limitation
The total cumulative acreage for energy storage facilities, including accessory equipment and structures but excluding the area for ingress and egress to the facility, shall not exceed 100 acres within the combined areas of the OS (Open Space), AE (Agricultural Exclusive), and RA (Rural Agriculture) zoning districts in the unincorporated area of Ventura County. The County shall not approve any project or combination of projects that will exceed this acreage limitation.
County of Ventura • BOARD OF SUPERVISORS HEARING 2024 • EXHIBIT 2, BH-1
Section 4
ARTICLE 19:
SPECIFIC STANDARDS FOR AREA PLANS
Article 19, Section 8119-1 -Old Town Saticoy Development Code of the Ventura County Ordinance Code is hereby amended to add "Energy Storage" under the heading of "Warehousing and Storage, Indoor Only," to read as follows:
Sec. 8119- 1 - Old Town Saticoy Development Code
PERMITTED USES IN OLD TOWN SATICOY, BY ZONE
T~ R/MU RES IND
WAREHOUSING AND STORAGE, INDOOR ONLY PD
Building Materials, Movers' Equipment, etc. PD
Ministorage, with or without RV Storage * CUP
Warehousing and Storage, with outdoor storage CUP
Energy Storage PD
County of Ventura • BOARD OF SUPERVISORS HEARING 2024 • EXHIBIT 2, BH-1
Section 5
If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Ventura County Board of Supervisors hereby declares that it would have passed and adopted this ordinance, and each and all provisions hereof, irrespective of the fact that any one or more provisions may be deemed invalid or unconstitutional.
Section 6
This ordinance shall become effective and operative 30 days after adoption.
PASSED AND ADOPTED this~ day of «l<Aj , 2024, by the following vote:
AYES: Supervisors 6 0 rd I ) ~ \/v-t. lo..Y''I/\' I'\ I L.i:lf<Z- J .. o ~ NOES: Supervisors '"""'n__.,01'Jl___..---'--=------------------- ABSENT: Supervisors ~-----=-.L..--=-----------------
ATTEST:
DR. SEVET JOHNSON
Clerk of the Board of Supervisors
County of Ventura, State of California
....
CHAIR, BOARD OF SUPERVISORS
County of Ventura• BOARD OF SUPERVISORS HEARING 2024 • EXHIBIT 2, BH-1
ORDINANCE NO.2699
ANORDINANCE OFTHECITY OFBRYAN,TEXAS,AMENDINGTHECITYOFBRYAN CODEOFORDINANCES, CHAPTER 130,ZONING,TOINCLUDE A NEW LAND USE
DEFINITION FORBATTERYENERGYSTORAGESYSTEMS (BESS),TOPERMITTHEUSE
CONDITIONALLY ONPROPERTIESZONEDINDUSTRIAL DISTRICT,ANDTOPROVIDE SPECIALANDSUPPLEMENTARY REGULATIONS FORTHENEWLY DEFINEDUSE; REPEALING ALLORDINANCES ORPARTSOFORDINANCESIN CONFLICT HEREWITH; PROVIDING A SAVINGSCLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FORCODIFICATION; PROVIDING A PENALTY CLAUSE; FINDINGANDDETERMINING
THATTHEMEETING ATWHICHTHISORDINANCEWASPASSEDWAS OPENTO THE PUBLICASREQUIRED BYLAW;PROVIDINGFORPUBLICATION; ANDPROVIDING AN EFFECTIVEDATE.
WHEREAS, theCityofBryanhasadoptedChapter130,Zoning,oftheCityofBryanCodeof Ordinances,asamended,whichdividestheCityofBryanintovariouszoningdistricts;and WHEREAS, permanentzoningchangesmadeafterthedateofpassageofChapter130aremade byadoptingordinancesamendingChapter130foreachparticularpermanentzoningchange;and WHEREAS,theCityCouncil,onbehalfofBryananditsresidents,furtherhasdeterminedthatthe followingamendmentswillpromotethepublichealth,safety,andefficientgrowthoftheCity;and WHEREAS, theCityCouncilhasheldapublichearingontheproposedamendmentforwhich noticewaspublishedatleastfifteen (15)dayspriortothehearingdate;
NOW,THEREFORE,BEIT ORDAINED BYTHECITY COUNCILOFTHECITYOF BRYAN,TEXAS:
1. ThattheCityCouncilfindsanddeterminestheforegoingrecitalsaretrueandcorrectandhereby makesthempartofthisordinance.
2. ThatChapter130,Zoning,oftheCityofBryanCodeofOrdinancesisherebyamendedby modifyingSection130-3,Section130-23,andSection130-34,asfollows:
Sec.130-3. –Definitions.
BatteryEnergyStorageSystem (BESS),isarechargeable, electricbatterysystemincludingoneor morebatterieswithchargers,controls,andassociatedelectricalequipment,whichcharges,collectsand storesenergyfromeitherthegridorapowerplant,inordertodischargelaterwhenthepower/electricityis neededtoensureadequatecapacityandgridresiliency.
Sec.130-23, –I,industrialdistrict.
c)Conditionaluses.
Adultentertainment;
Batteryenergystoragesystems (BESS);
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Commercial amusement (outdoor);
Heliport/helistop;
Municipalservicessupportfacilities;
Recovery facility
Sec.130-34, –Specialandsupplementary regulations.
v)BatteryEnergyStorageSystems (BESS).Thepurposeofthesespecialandsupplementary regulations istoguidethedevelopmentofBESSfacilitiesbyensuringtheproperprecautionsareconsideredin ordertomaintainthesafetyandwelfareofthepublic.Thefollowingfactorsshallbeconsideredwhen determiningwhethertograntaconditionalusepermitforBESS:
1)Lotsizerequirements.BESSshallbelocatedonalotwithaminimumareaofone (1)acre. 2)Additionalsetbackrequirements.ForanypropertythatisoccupiedbyaBESS,allfront,side,and rearsetbacksshallbeaminimumof50feet.
3)Perimeterfencingrequired.AllBESSshallbeenclosedbyaminimum6-foottallsecurityfence, andmustbeequippedwithanappropriateanticlimbingdevice.
4)Landscapeandscreening.BESSfacilitiesshallbelandscapedwithplantmaterialsthateffectively screenthedevelopedsitefromviewofthepublicright-of-way.Screeningshallconsistofa landscapedstripatleastfour (4)feetwideoutsidetheperimeterofthefacility.Itistheresponsibility oftheBESSownertomaintainanyrequiredlandscaping.
5)Separationrequirements.
a.A BESSshallnotbelocatedonapropertythatiswithin500feetfromanyotherproperty inwhichaBESSislocated.
b.A BESSshallnotbelocatedonapropertythatiswithin1,000feetfromanyresidential zoningdistrictordetachedresidentialdwelling.
6)Decommissioning plan.AnyapplicationforaBESSshallberequiredtoincludeadecommissioning plantodescribetheprocedurefordismantlingandremovingtheBESSfromservice.The decommissioningplanshallinclude:
a.TheanticipatedlifeoftheBESS;
b.A descriptionofproceduresthatwillbetakentoremoveallequipment,components,and structuresoftheBESS,includingaplanfordisposalofallsolidandhazardouswaste,and adescriptionofhowthesitewillberestoredtoitsoriginalcondition; c.A decommissioning costassessmentdescribingtheestimatedtotalcostofdecommission andallrequiredexpenses;and
d.A projectedtimelinefordecommissioningtheBESS.
7)Penalty.InadditiontothepenaltiesandotherreliefprovidedinthisCode,anyviolationofthis article,andanyfailuretocomplywiththedecommissioning planupontheclosingofthefacility orthecessationofconsistentoperationformorethanoneyear,isanoffenseandishereby declaredtobeanuisanceandmaybeabatedasprovidedinchapter50,articleIVofthisCode.
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3. Thatallordinancesorpartsofordinancesinconflictwiththeprovisionsofthisordinancearehereby repealedtotheextentofsuchconflict.
4. ThattheCodeoftheCityofBryan,asamended,shallremaininfullforceandeffect,saveand exceptasamendedbythisordinance.
5. Thatif anysection,paragraph,sentence,clause,phraseorwordofthisordinanceisdeclared unconstitutional orinvalidforanypurpose,theremainderofthisordinanceshallnotbeaffectedthereby andtothisendtheprovisionsofthisordinancearedeclaredtobeseverable.
6. Thatitisherebyfoundanddeterminedthatthemeetingatwhichthisordinancewaspassedwas opentothepublic,asrequiredbySection551.001etseq.,TexasGovernmentCode,andthatadvancepublic noticeofthetime,placeandpurposeofsaidmeetingwasgiven.
7. ItistheintentionoftheCityCouncilthatthisordinanceshallbecomeapartoftheBryanCityCode anditmayberenumberedandcodifiedthereinaccordingly
8. Thatthisordinanceshalltakeeffectimmediatelyuponitspublicationinthenewspaper,saiddate beingJuly13,2024.
PASSED,ADOPTED th andAPPROVEDthe9dayofJuly2024,ataregularmeetingoftheCity CounciloftheCityofBryan,Texas,byavoteof7yesesand0noes.
ATTEST: CITYOFBRYAN:
Mary Lynne Stratta,CitySecretaryBobby Gutierrez,Mayor
APPROVEDASTOFORM:
ThomasA.Leeper,CityAttorney
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EXCERPTFROMPLANNINGANDZONINGCOMMISSION REGULARMEETING MINUTES OFJUNE6,2024:
5.ProposedAmendmentstothetextofBryan’sCodeofOrdinances –APublicHearingwillbeheld foreachitem (Commissionmakesrecommendation; CityCouncilhasfinalapproval).
A.Proposedamendmentstothe textofBryanCodeofOrdinancesChapter130 –Zoning, specificallytoincludeanewlandusedefinitionforBatteryEnergyStorageSystems (BESS), topermittheuseconditionally onpropertieszonedIndustrialDistrict (I),andtoprovide specialandsupplementary regulationsforthenewlydefineduse.
Mr.Johnsonpresentedthestaffreport (onfilein theDevelopmentServicesDepartment). Staff recommendsapprovalofthisrequest.
InresponsetoCommissioners’ questions,Mr.Johnsonstatedthatthereisnotaspecificationto whetherthefenceisopaqueornot.HealsostatedthatstaffhasmetwiththeFireMarshallsOffice andBryanTexasUtilities (BTU)toformulateregulationstomitigatepossiblehealthandsafety concerns.
CommissionerBeckendorfleftthemeetingat6:44pm.
CommissionersdiscussedseparationrequirementsforAgriculturalOpen (A-O)Districttractsand thepossibilityofitbeingmisinterpretedaswrittenintheproposedtextamendment.
Commissionersdiscussedthedecommissioningprocessandwhetheritwouldbeappropriateto includeasuretybondforaBESS.
InresponsetoCommissioners’ questions,Mr.JohnsonstatedthataBESSwouldberequiredto complywiththeInternationalBuildingCodes (IBC).
Thepublichearingwasopened.
Mr.GeraldBurnett,AssistantFireMarshall,statedhediscouragedtheuseofspecificNationalFire ProtectionAssociation (NFPA)languagetoallowtheconformancetocurrentandamended regulationsfromotherorganizations.
Mr.LukeMarvel,4100RockyBriarCourt,CollegeStation,Texas,statedheiscurrentlyworking onaBESSpropertywhereasuretybondinwrittenwithintheleasingagreement.
Thepublichearingwasclosed.
CommissionerClarkmovedtorecommendapprovaloftheproposedamendmenttothetext ofBryan’sCodeofOrdinancesChapter130 –Zoning,specificallytoincludeanewlanduse definitionforBatteryEnergyStorageSystems (BESS),topermittheuseconditionallyon propertieszonedIndustrialDistrict (I),andtoprovidespecialandsupplementary regulations forthenewlydefineduse.
CommissionerRodriguezsecondedthemotion.
CommissionerWatsonmovedtoamendthemotionbyremoving “anypropertythatiszoned A-O andimprovedwithadetachedresidentialdwelling” fromSec.130-34Specialand Page4 of14 Ordinance2699
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supplementary regulations (5)(b)oftheSeparationrequirementsandinsert “detached residentialdwelling”.
CommissionerBushsecondedthemotiontoamend.
Commissionersdiscussedamendmentstotheseregulationsandstandardscanbemadeasthistype ofdevelopmentbecomesmorefrequent.Commissionersdiscussedtheappropriateness forasurety bondandtheminorimpositionitmayhaveonpotentialapplicants.
Themotiontoamendpassedunanimously.
Themotionasamendedpassedunanimously.
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MEMORANDUM TOTHEPLANNING ANDZONINGCOMMISSION DATEDMAY 16,2024:
Development Services
Memorandum
To: PlanningandZoningCommission
From: BenjaminJohnson,StaffPlanner
Date: May16,2024
Re: BatteryEnergyStorageSystems (BESS)
Inrecentyears,therehasbeenarapidexpansionofenergystorageprojectsbeingproposedwithincities acrosstheUnitedStates,includingadramaticincreaseinbatteryenergystoragesystems (BESS).BESS, asdefinedbelow,allowsenergytobestoredandusedatalaterdateinordertocontrolenergydemand peaksandtoenhancegridresiliency.
Withtherisingpopularityoftheseprojects,therehasbeenariseincitiesactingtoprovidespecificuses, standardsandregulationswithintheirordinances.Recently,CityofBryanStaffhasbegunreceiving inquiriesandinterestinprojectsofthesesorts.Currently,theCityofBryanhasnospecificordinanceor definedusefortheseprojects.
WhatisaBESS?
A BatteryEnergyStorageSystem (BESS),isarechargeable, electricbatterysystemwhichcharges, collectsandstoresenergyfrom thegrid ora powerplant,inorderto dischargelaterwhenthe power/electricityis needed.ABESSmayconsistofoneormorebatteriesandistypicallyastationary device.ExistingBESSvaryinsizeandintensitydependingontheuseandmagnitudeofthesystemaswell asanyexistingrestrictions/regulations.
PlanningandZoningforBESS
InJanuary2024,StaffattendedaseminarheldbytheAmericanPlanningAssociation (APA),focusedon theplanningandzoningforBESSwithincities.TheseminarprovidedabackgroundtoBESSandits’rise inpopularity,contributingthisriseto:
Therecentexpansionofrenewableenergysources;
Pricedecreasesinbatterytechnology; and
Varyingpoliciesandmandatesatboththefederalandstatelevel.
Additionally, theseminarhighlightedspecificexamplesofBESSprojectsandcitieswithimpactful ordinancesforsuchprojects.Basedonthesesuccesses,thefollowingrecommendations wereprovided asthebestpracticesforBESStextwithinacity’sordinance:
DefineBESSasadistinctlanduse;
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ExemptsmallBESSfromzoningstandards;
PermitBESSasanaccessoryusewhereitmakessense,withallsafetyprecautionsstillapplied (ex.
AUtowindfarm);
Requirecompliancew/NationalFireProtectionAssociation (NFPA)855 - Standardforthe InstallationofStationaryEnergyStorageSystems,includingtrainingorcommunication planwith firstresponders;and
RequireaDecommissioning Plan.
CaseStudies
Yorktown,NewYork
In theabove-mentionedseminar,Yorktown,NewYorkwasdescribedashavinganexampleBESS ordinanceinconjunctionwiththerecommendations provided.Yorktown,NewYorkcurrentlyhasamultitierBESSordinancewiththefollowingdefinitionsprovided:
BESS:Asystemconsistingofelectrochemical storagebatteries,batterychargers,controls,power conditioningsystemsandassociatedelectricalequipment,assembledtogether,capableofstoring energyinordertosupplyelectricalenergyatafuturetime,nottoincludeastand-alone12-voltcar batteryoranelectricmotorvehicle.
Tier1BatteryEnergyStorageSystemshaveanaggregateenergycapacitylessthanorequalto 600kWhand,ifinaroomorenclosedarea,consistofonlyasingleenergystoragesystem technology.However,batteryenergystoragesystemsforonetotwofamilyresidentialdwellings, withinoroutsidethestructure,shallnothaveanaggregateenergycapacitythatexceeds:
a) 40kWhwithinutilityclosetsandstorageorutilityspaces
b) 80kWhinattachedordetachedgaragesanddetachedaccessorystructures c) 80kWhonexteriorwalls
d) 80kWhoutdoorsontheground
Tier2BatteryEnergyStorageSystemshaveanaggregateenergycapacitygreaterthan600kWh orarecomprisedofmorethanonestoragebatterytechnologyinaroomorenclosedarea.
YorktownpermitsbothTier1 &2BESSinallzoningdistrictsthroughissuanceofaSpecialUsePermit, withTier2 BESSrequiringamoreextensivereviewandstandardsasdescribedbytheAPA’s recommendations above.
Tomball,Texas
TheCityofTomball,Texasisaneighboringcity,whichhasimplementedcityordinancestopreparefor thedevelopmentofBESS.TheCityofTomball’sCodeofOrdinancesdefinesBESSas:
Electricstoragesystemmeansoneormoredevicesassembledtogethercapableofstoringenergy thatallowspowersystemoperatorsandutilitiestocollectandstoreenergyfromthegridand dischargeitatafuturetimetoprovideelectricitywhenneeded,suchastoensureadequatepeaking generationcapacityandgridresiliency.
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Electricstoragesystems,asdefinedabove,arepermittedinTomball’sLightIndustrialzoningdistrictonly, withapprovalofaConditionalUsePermit (CUP).Tomball’sordinancedoesnotprovideadditional requirementsorregulationsforBESSbesidestherequiredCUP.
OnJune19,2023,theTomballCityCouncildeniedaCUPforanelectricstoragesystemduetotheimmense amountofoppositionexpressedinthepublichearing,andforconcernsallowingthesesystemsnear residentialareas.Inthecasestaffreport,TomballCityStaffsuggestedtheinclusionofscreening,buffers, andadditionalfireprecautionsiftheCUPisrecommendedforapproval.
LeagueCity,Texas
SimilartoTomball,LeagueCityhasalsodeniedaBESSprojectfrombeingdevelopedincitylimits.
However,LeagueCitydoesnothaveanyspecificordinancerelatingtoBESSasadefineduse,orhaveany additionalregulationsonsuchuses.
Duetothelackofadefineduse,theproposedprojectwasassociatedwiththeclosestdefinedusewithin theordinance,beinga “privateutility’ use.Privateutilitiesusesarepermittedby-rightunderHeavy IndustrialzoningandwithaSpecialUsePermit (SUP)inotherzoningdistricts.TheproposedBESSwas approvedtoberezonedtoLimitedIndustrialDistrict,butdidnotreceiveSUPapproval.
RecommendedAction
Currently,theCityofBryanhasnodefinitionorregulationsforBESSprojects.Ifstaffweretoreceivea request/plansforaBESS,theusewouldnotbepermitted.BasedontheinformationprovidedintheAPA seminarandthebefore-mentionedcasestudies,Staffsuggestsincludingthefollowingcomponentsof BESSintotheBryanCodeofOrdinances:
AdoptadefinitionforBESS;
PotentiallyallowthislanduseviaCUPapprovalinIndustrialDistrict (I)only; Adoptspecificlandusestandards,including:
o CompliancewithNFPA855,includingnecessarytrainingforfirstresponders; o Screeningstandards;
o SeparationrequirementsbetweenexistingBESS (similartocelltowerortattoostudio separationrequirements);
o A minimumrequiredacreageforthistypeoflanduse;and
o Requiringademolitionplanfortheproject.
StafffindsthatincorporatingtheseitemsintoourordinancewillbetterprepareBryanforanyfutureBESS proposals.Whileincludingamulti-tiersystem (likeYorktown)mayallowforawiderrangeofBESS,staff findsthatincorporatingthe “smaller-scaled” BESSsystemswouldrequiremorediscussionsbetweenBTU andlocalfirstrespondersandanextensiveamountofpriordetailing.Additionally,stafffindsthatthe exampleordinancesinTexashavenotincludedthislevelofdetail.Currently,itisnotrecommendedthat weextendthisusetothislevel.
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MEMORANDUM TOTHEPLANNINGANDZONINGCOMMISSION DATEDJUNE6,2024:
Development Services
Memorandum
To: Planning andZoningCommission
From:Benjamin Johnson,StaffPlanner
Date: June6,2024
Re: proposed amendments tothetextofBryanCodeofOrdinances Chapter 130,Zoning, specifically to include a newland usedefinition for Battery Energy Storage Systems BESS), to permit theuseconditionally onproperties zonedIndustrial District, andto providespecialandsupplementary regulations forthenewlydefineduse.
BACKGROUND ANDANALYSIS:
Inrecentyears,therehasbeenarapidexpansion ofenergystorage projectsbeingproposed within citiesacrosstheUnitedStates,including adramatic increase inbatteryenergystoragesystems BESS). BESS,asdefinedbelow, allows energy to bestoredandusedatalaterdatein orderto control energydemand peaksandto enhancegridresiliency.
Withtherisingpopularity oftheseprojects, therehasbeenariseincitiesactingtoprovidespecific uses,standards andregulations withintheirordinances. Recently, CityofBryanStaffhasreceived inquiries andinterest inthesetypesofprojects. Currently, theCityofBryanhasnodefinition or regulations forBESSprojects.
What is a BESS?
A Battery Energy Storage System (BESS), isarechargeable, electric battery systemwhich charges, collectsandstoresenergy fromthegridorapowerplant,inordertodischarge laterwhen thepower/electricity isneeded. A BESSmayconsistofoneormorebatteries andistypically a stationary device.ExistingBESSvaryinsizeandintensity depending ontheuseandmagnitude ofthesystemaswell asanyexistingrestrictions/regulations.
Incorporating thislanduseinto ourordinance willbetterprepare Bryanfor anyfuture BESS proposals. Somemunicipalities havemulti-tiersystems thatallow forawider rangeofBESS, including “smaller-scaled” BESS.Thesewouldrequiremoreextensive discussions betweenBTU andlocalfirstresponders andanextensive amount ofprior detailing. Additionally, stafffindsthat Page9of14 Ordinance2699
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theexample ordinances in Texashavenotincluded thislevelofdetail.Currently, it isnot recommended thatweextendthisuseto thislevel.
Aftermeeting with theFireMarshal’sOffice,stafffindsthatitwouldnotbeappropriate fora BESSto belocated in or nearareasdesignated forcommercial or residential usesdueto the intensityofthislanduse,andacknowledges thatBESSprojects needto beseparated from these noncompatible areas.TheFireMarshall’sOfficeinformed staffthatseparating BESS projects from adjacent neighborhoods andbusinesses wastheirprimary concern, asbatteryfirescanbe difficult toextinguish andcoulddischarge wasterunoffif anyburningstructure isflooded.
Staffproposes toallowBESSonproperties zonedIndustrial District (I)onlywithpriorapproval ofaConditional UsePermit (CUP)fromthePlanning andZoningCommission. Allowing forthe reviewofsuitable locations andtheproposed specialandsupplementary regulations willprovide additional standards to protect citizens fromanypotential adverse effectsof aBESS.
Thefollowing arethree (3)sectionsofChapter130 –Zoning,staffproposes to amendproviding guidanceandregulation ofaBESSlanduse:
Sec.130-3.Definitions
Toprovidea definitionforBESSasalanduse.
Sec.130-23.I,IndustrialDistrict
ToallowBESSasalanduseintheIndustrialDistrict (I),withpriorapprovalofaconditionaluse permitfromthePlanningandZoningCommission.
Sec.130-34.Specialandsupplementary regulations
Toprovidethefollowingdevelopment standardsforthedevelopmentofaBESS:
o Additionallotsizerequirements;
o Screeningandfencingrequirements;
o SeparationrequirementsfromresidentialareasandotherpropertiesinwhichBESSisthe currentlanduse;and
o Requiringadecommission planfortheBESStoprovideestimatedtimelines,procedures, andcostsofanyBESSprojectinthecity.
ATTACHMENTS:
1.draftordinance;and
2.articlefromtheHoustonChronicle, “NewtechnologycouldstabilizeTexas’ grid.ButHouston-area residentsarewaryofitsexpansion”, publishedMay23,2024.
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ARTICLE FROMTHEHOUSTONCHRONICLE, “NEWTECHNOLOGY COULDSTABILIZE TEXAS’GRIDBUTHOUSTON-AREARESIDENTS AREWARY OFITSEXPANSION”, PUBLISHEDMAY 23,2024:
NewtechnologycouldstabilizeTexas'grid.But
Houston-arearesidentsarewaryofits
expansion.
ByClaire Hao,Staffwriter,May23,2024
Battery energy storage systems, whichhave surged inpopularity acrossTexas,areoften heralded asa boonto thestability of thestate’spower grid.Butlocal opposition to utility scale projects iscropping up,much asit did withclean energy technologies that camebefore, potentially threatening thestate'sability tomeetfast-growing power demand anddecarbonize.
Officials incitiesaround Houston areconcernedbattery sitescouldcatchonfireorexplode, as theyhaveinother states, insomecasescausing injuriesorfires thathaveburned for days. “These things havecome in sohot andheavy in thepast sixmonths. Weneed time to figure out whatweneedto do,”League City Mayor Nick Long said. “People areconcerned that they'reunsafe. At thispoint, wedon't know enough about it andaren't prepared to reassure them.”
FINANCIAL INCENTIVES:Howdobattery storage companies makemoney?Breaking down Texas' lucrative newindustry
League Cityisamong atleastthree municipalities intheHouston region thathavecitedthe technology’srisksinslowingthe proliferation ofcommercial battery storage sites.Battery developers andgridexperts, meanwhile, areclosely watching howcityactions willaffect development of a resource they argue isimportant forTexas’ fragile grid system, asdemand for power increases alongwith thestate’spopulation andincreasing electrification ofindustry.
Anykindofincrease inthecostofdoingbusiness oranykindofdevelopment risk,it'sgoingto makeithardertobuildtheseproducts, whichmakeitmoreexpensive tomeetdemand inthe future,” saidUniversity ofTexasatAustin energy researcher Joshua Rhodes.
Power must forthemost partbe generated whenit’sconsumed. Generating thatpower, traditionally withnatural gasorcoal-firedpower plants, isthesecond-largest source ofclimatewarming emissionsnationwide. Grid-scalebatteries, however, canstoreelectricity andinject it during timesofgridstrain, givinggridoperatorsmore flexibility andatool to avoidblackouts.
Theysupport theintegration ofrenewablesonto thegrid,storing excess renewable power and sending it tothegridwhenthesunisn’t shining orthewindisn’t blowing, andthushelpunlock thelow energy prices of theseresources.
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SAFETY CONCERNS:Though Houstongrid-scalebattery storage stokes fearsof someresidents, failureisrare
Asrecently asfour yearsago,Texas’ battery storage capacity wasnegligible. Now, about 6,300 megawatts ofbatteries areinstalled ontheTexasgrid,enough topower nearly1.3million homes onthehottest summer days.Andmoregrowth iscoming: 141gigawatts ofbattery storage projects haveappliedtopotentially connect totheTexasgrid,according totheElectric Reliability Council ofTexas, thegrid operator.
Battery developers areattracted toTexas because ofthestate’sbooming solarandwind generation industries anditsvolatile wholesale electricity market. Batteries charge whenprices arelow,selling power backtothegridwhenprices spikeduring timesofscarcity. Houston is especially lucrative fordevelopers because theregion regularly seesthesepricefluctuations.
SomeHouston-areacities,however, arewary.Battery storage projectrequestshavebeen postponed inLeague Cityuntil thecitycanconsult third-party experts anddraft anordinance forthesetechnologies. InTomball, theCityCouncildenied aconditional usepermitfor a battery storage project inJune2023andhasreceived nootherapplications since.
RAPID EXPANSION: Whyarebattery storage projects coming toHouston?Behind thenew technology'srapidgrowth
Ifthereareothers thatareseeking (to build),theyusetheexperience of (thedenial) to say, Well,maybeTomball isnotready forthat,’” saidTomball Council Member JohnFord,whoalso called battery storage “probably ourbesttechnology forsupporting thegrid.” AndTexas Citycitystaffputforth anordinance onbattery storage, possibly thefirst ofitskind inTexas, foracommission vote.Itwastabledfor revision after theAdvanced Power Alliance, whichrepresents cleanenergy companies, including numerous battery storage developers, sent aletteroutlining itsconcerns.
Industry groups sayenhanced safety regulations havemadebattery failures increasingly rare.
JuddMesser, APA’sTexas vicepresident, saidhewasworriedpotential misinformation about battery storagecould stymie development asit haswith solar andwind projects nationwide.
We'd liketo get to apointwherewewould support something thatwasbased onthescience andlegitimate infrastructural needs, because I think that this (ordinance) will bereplicated in other jurisdictions,” hesaid.
Battery storage risks
Battery storage fires arecaused bywhat isknown asthermal runaway, which occurs when a battery cell overheats.Thermal runaway canbecaused byinternal cell defects, environmental contamination fromhumidity anddust,toomuchelectricity input,improper voltage andother factors, saidLakshmi Srinivasan, principal teamleadforenergy storage attheElectric Power Research Institute, anenergy research anddevelopment nonprofit.
Though failures canbesevere,therateof battery storage failures hasdropped97%from2018 to 2023, with anaverage of onefailure per3,000megawatts ofdeployment globally, according toEPRI datatracking incidents thatwerereported inthemedia,Srinivasan said.That’sbecause Page12of14 Ordinance2699
adoptedJuly9,2024
theindustry hasincorporated lessons fromaspateofbattery storage failures in2018and2019 intostringent designandsafetystandards, shesaid.
FUELFIX:Signupforawrapofoilandgasnewsfromtheenergy capitaloftheworld Thetoplinehereisthatstorage facilities areincredibly safe,andsafety-related events are extremely rare.Evenwhentheydooccur,theyarecontained tothesecure site,” saidNoah Roberts, senior director ofenergy storage fortheAmerican CleanPowerAssociation, a renewable energy industry group.Manynearby residents, however, remain unconvinced.
Battery developer BlackMountain Energy Storage applied tobuildinTomball inearly2023, Council Member Fordsaid.Thecompany, whichdidn’t respond toarequest forcomment, tried to inform residents about technological advances andfireprevention, hesaid.
Thatmeeting ormeetings wasverylightly attended. Thecitizens hadgotit intheirmindthat thisispotentially dangerous, andsotherewasn’t alotof backandforth afterthat,” Fordsaid.
Citiesweigh options
TexasCity,hometonumerous oilrefineries andchemical facilities, isverymuch anindustry town. It’salsoseeing aninflux of newresidents. Amid competing growth –nowincluding battery storage facilities –Planning Director KimGolden saidshe’strying to find abalance.
Definitely inourindustrial complex, there'saplacefor (battery storage),” Golden said.
Definitely aplacenot for themisgoing to benearschools, neardeveloping residential areas, nearhospitals, nursing homes, apartments.”
Golden’sofficebegan receiving battery storage project applications in2022fromdevelopers attracted toTexasCity’srobust electrical infrastructure, mostofwhichisinside ahurricane levee. Theinitial applications asked to locate inindustrial areasoftown. Ofthethreeapproved, twoareoperational andoneisunder construction, Golden said.
MorefromClaireHao: Nearly 9 in10Houstonians want thecitytoleadtheworld'senergy transition, Ricesurvey finds
Thendevelopers started topropose projects inTexasCity’sestablished anddeveloping residential areas. ThePlanning Board recommended denialofoneoftheminDecember; the developer isreviewing itsapplication andhasnotyetdecided to moveforward, Golden said.
Tento12projects arein various stagesof application, prompting Golden to develop an ordinance sothecitywould have anuniform process for evaluating them.
A proposed ordinance wastabledinMarch aftergroups including APAtookissuewithit, including itslanguagerequiring developers establish acompelling needtolocate near residential areasandunderground power lines.APAwasalsoconcerned byaclausegranting thecitytheabilitytolimit thenumber ofprojects.
Those provisions will nolonger bein theordinance because theycould treadonthejurisdiction ofthePublicUtility Commission ofTexas, thestate’sutility regulator, Golden said.Instead, TexasCitywillusesetback requirements andexisting discretion toevaluate aproject’simpact Page13of14 Ordinance2699
adoptedJuly9,2024
onpublic safety, welfare andprosperity toachieve thebalance between development and safety, shesaid.
GROWING INDUSTRY: Texas battery useexpected to grow asU.S.storage sector setsnew record
Battery storage) really isagreattoolforstabilizing thegrid,andwe'regoingtohavemore and more of them, andthat'sjust what'sgoingto happen. So,weascitiesneed to figure outhow to makeeverybody happy,” Golden said.
In nearby League City,staffarejust starting themonthslong process of creating anordinance aftertheCityCouncil votedlastmonthtoestablish one.Asmallbattery storage project is operating inthecity,approved byaformer staffmember without theknowledge ofcity management orcouncil, Long,League City’smayor, said.Fivepending applications arein different stages, hesaid.
These thingsdohavesomebenefit, andtheydocomewithsignificant risks.Soweneedto make surethat weget it asright aspossible, andprobably initially beasconservative as possible onthisanddevelop atighter ordinance,” Longsaid.
More time?
Developers saythatdiscouraging battery storage projects nearresidential areas, hospitals and other buildings housing essential services could undermine thepotential formicrogrids, localized grids thatcandisconnect fromthemaingridincaseofagridfailure.Texans voted to approve a $10billion fundinNovember meant to bolster gridstability, which included $1.8 billioningrantsandloans formicrogrid development.
Tomball’sFordsaidthebest solution to local opposition maybemoretime to convince residents thatbattery projects aresafe.
There arethesebanks thataregoingin,andthey'rebeingrunverysafelywithout incident. If youdevelop atrackrecord thatshows that –sayyouhave10yearsorfiveyearsofaperfect safety record –thenIthinkitwould beaneasier sellforcommunities,” Fordsaid.
HISTORY OFHELP: Batteries added to Texas power grid this summer may have helped avert blackouts, companies say
Thisstillconcerns industry groups andgridexperts, whopointtocomments fromtheERCOT CEOthat more battery storage will beneeded to meet unprecedented power demand growth inTexasby2030. “If we'relooking to decarbonize theenergy system, wedon't havetheluxury oftaking breaks likethat,” saidUT Austin'sRhodes. "Holding thesector uptoaperfect record, that'snotarecordthat weholdotherparts ofsociety upto.Thatwill stopdevelopment, or slowdevelopment downatleast.”
Page14of14 Ordinance2699
adoptedJuly9,2024
ORDINANCE NO. 2024-
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LEAGUE CITY BY CREATING SUBSECTION 125-3.14.19, ENTITLED, “BATTERY ENERGY STORAGE SYSTEMS, OF ARTICLE 3, ENTITLED “ZONING REGULATIONS” OF CHAPTER 125, ENTITLED, UNIFIED
DEVELOPMENT CODE, TO ESTABLISH REGULATIONS RELATED TO
BATTERY ENERGY STORAGE SYSTEMS; PROVIDING FOR
CODIFICATION, PROVIDING FOR A PENALTY, PUBLICATION, AND AN
EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LEAGUE CITY, TEXAS, as follows:
Section 1. That Subsection 125-3.14-19 (Battery Energy Storage Systems) of Article 3 (Zoning Regulations) of Chapter 125 (Unified Development Code), is hereby established as indicated in Exhibit A, which is attached and incorporated into this ordinance.
Section 2. That Appendix A (Definitions) of Chapter 125 (Unified Development Code) shall be amended to add the following definitions:
Battery Energy Storage System (B.E.S.S.) means one or more devices (i.e. group of batteries), assembled together capable of storing energy in order to supply electrical energy at a future time. B.E.S.S. facilities receive electricity from the electrical grid when there is excess electrical power, store it in a series of batteries and then return it to the grid when additional electricity is needed during high demand.
Battery Analytics Software means a cloud-based software solution using energy storage system (ESS) raw data collected by the Battery Management System (BMS) and applies physicsbased algorithms to offer immediate and predictive detection, (on the order of weeks and months), of thermal runaway and its associated root causes.”
Section 3. Savings. All rights and remedies which have accrued in favor of the City under this Ordinance and amendments thereto shall be and are preserved for the benefit of the City.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof.
Section 5. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict.
Section 6. Penalty. Any person, corporation or association violating any provision of this Ordinance shall be deemed guilty of an offense, and upon conviction shall be punished by a fine not to exceed Five Hundred Dollars ($500.00). The violation thereof shall be deemed a separate offense and shall be punished accordingly. Provided, however, compliance may be further sought through injunctive relief in the District Court.
Section 7. Codification. It is the intent of the City Council of the City of League City, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove.
Section 8. Publication and Effective Date. The City Secretary shall cause this Ordinance, or its caption, to be published in the official newspaper of the City of League City, upon passage of such Ordinance. The Ordinance shall become effective immediately upon passage.
PASSED first reading the day of , 2024.
PASSED AND ADOPTED the day of , 2024.
NICK LONG
Mayor
ATTEST:
DIANA M. STAPP
City Secretary
APPROVED AS TO FORM:
MICHELLE L. VILLARREAL
City Attorney
EXHIBIT A
3.14.19 Battery Energy Storage Systems
a. Purpose. The purpose of this division is to establish regulations for Battery Energy Storage System (BESS) sites with the following objectives:
1. Ensure the health, safety, and welfare of the community.
2. Provide a regulatory scheme for the designation of properties suitable for the location, construction, and operation of BESS sites.
3. Mitigate any negative impacts of BESS sites.
4. Provide regulations for current and existing BESS sites. b. Use Classification
1. BESS facilities shall be operated in accordance with the Land Use Chart (3.13) and classified as a “Private Utility” use.
c. Special Use Permit (SUP) Application Requirements.
1. Application Fee: A $5,000 fee is due at time of application submittal in addition to the standard Special Use Permit application fees.
2. SUP requirements. An application for a BESS site shall be submitted to the planning department in form of a Special Use Permit. The regulations required for a Special Use Permit are in addition to, and are not in lieu of, permits required by any other provision of this ordinance or other governmental agency. a. The Special Use Permit application shall include the following information:
1. Site Plan indicating the distance between battery containers and distance from all adjacent property lines and structures.
2. Landscaping and Screening Plan.
3. Elevations and Renderings/Illustrations.
4. Hazard Mitigation Analysis
5. Plume Study
6. Fire Management Plan
7. Such other information as the city deems reasonably necessary to administer this division.
d. Site Reviews and Inspections
1. The City will contract with a 3rd party expert to review all BESS sites for compliance with applicable life/safety requirements. The 3rd party expert shall provide the following deliverables for each site:
a. General Safety Analysis of the proposed site.
b. Review to confirm compliance with IFC and NFPA regulations. c. Review of building permit.
d. Inspections conducted during construction and a final inspection performed prior to operations commencing.
e. Any other matters requested by the City.
2. The applicant proposing the BESS site will reimburse the City for all costs incurred by the third-party expert.
3. The League City Fire Marshal’s office will be involved in all plan reviews, construction, and inspections to ensure compliance with Fire Department requirements.
e. Fire and life safety. BESS sites are required to meet, but are not limited to, the following fire codes and actions, as amended and updated:
1. 2024 IFC and the listed NFPA references within the IFC.
2. NFPA 855 (2023): Standard for the Installation of Stationary Energy Storage Systems.
3. Provide an environmental site plan that includes a firefighting water containment plan.
4. There shall be an air monitoring system for vapor detection to the satisfaction of the Fire Chief and Fire Marshal.
5. Provide a water fire flow analysis at the permitting phase to ensure the existing water infrastructure can support the firefighting demands.
6. Provide the Fire Department with the equipment needed to monitor and test the air and water for any hazards at these sites during emergencies. All monitoring equipment shall be provided to the Fire Department by the BESS applicant to the satisfaction of the Fire Chief and Fire Marshal.
7. Provide annual training to the fire department and mutual aid agencies for hazards and responses related to BESS systems.
8. Furnish all necessary firefighting equipment, related to the proposed BESS site, to the League City Fire Department, ensuring it meets the approval of the Fire Marshal.
9. The fire command center and water supply should be situated at a safe distance from the closest BESS enclosure, based on deflagration data that indicates how far away is considered safe. The minimum distance should be 100 feet, as per NFPA requirements, unless approved otherwise by the Fire Marshal.
10. The fire service command center shall be sheltered from the weather and have an overhang to reduce glare on the command center and allow emergency personnel to work under and review all emergency response plans and information needed to bring the incident under control.
11. All BESS sites shall adhere to any additional requirements and/or safety items set forth by the most current version of NFPA and IFC, specifically addressing ESS sites if 25% or more batteries are replaced or added to the site/containers.
12. Any incidents that exceed a 12-hour working period shall require a third-party hazardous materials team to respond to help control/monitor them for the duration of the event.
13. City of League City Public Works approved water meters shall be installed on-site to monitor how much water is used during emergency responses to BESS sites.
14. A documented plan if an exhaust fan fails to work during an emergency. f. Emergency Response Plan. A copy of the approved Emergency Response Plan shall be given to the system owner, the Fire Department, mutual aid agencies, and the Emergency Management Department. The Emergency Response Plan shall be approved by the City prior to the BESS being installed on the site. The Emergency Response Plan shall at a minimum include the following:
1. Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions.
2. Procedures for inspection and testing of associated alarms, interlocks, and controls.
3. Procedures to be followed in response to notifications from the Battery Energy Storage Management System, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to fire department personnel for potentially hazardous conditions in the event of a system failure.
4. Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the fire department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.
5. Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment.
6. Procedures for dealing with battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility.
7. Other procedures as determined necessary by the Fire Chief and Fire Marshal to ensure the safety of occupants, neighboring properties, and emergency responders.
8. Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.
9. A mitigation plan indicating actions for post-event response and clean-up. Should an event occur, preventative action must be completed (with corrective action report) to prevent reoccurrence.
10. Provide a list of emergency contacts that shall be updated annually or when significant changes are made, whichever is earlier.
11. A documented plan for natural disasters and/or extreme environmental conditions such as high ambient temperatures and/or humidity, including how flooding or brackish water would affect the BESS devices if compromised and emergency procedures for mitigating the negative effects of such scenarios. How does the site ensure in the event of an emergency that the BESS site is not contaminating the ground or source water?
g. Setbacks and Location.
1. BESS Systems shall meet the minimum setback requirements established in their respective zoning district.
2. A BESS site shall be no closer than 1,500 feet perpendicular in any direction from another BESS site measured at the perimeter fence.
3. The setback requirement for a BESS site perimeter fence shall be the greater of either:
a. A minimum of 200 feet from the nearest property zoned for single-family uses or school; or
b. A setback distance required based on Plume modeling and testing data.
4. Additional setbacks may be considered based on proximity to underground pipelines, railroad tracks, and overhead utilities.
5. Spacing of on-site containers shall be determined by a Hazard Mitigation Analysis relying on data produced by the UL 9540A Fire Testing required in Section
3.14.19.k.2.
6. Preference will be given to sites that are not adjacent to or within 300 feet of a roadway classified as an arterial or higher.
h. Landscaping and Screening. The BESS site shall comply with the following landscaping and screening requirements. Additional requirements may be imposed as a result of the SUP.
1. A Type B buffer yard is required around the perimeter of the facility in accordance with Section 4.20.3. of this ordinance.
2. A masonry wall, at least the height of the containers, shall be installed around the perimeter of the facility. Where adjacent to surrounding communities, the screening wall shall match existing walls in style and material to the greatest extent possible.
3. The masonry wall shall be designed to withstand a blast door from a BESS container striking it.
4. A continuous hedge shall be installed adjacent to the masonry wall. i. Noise. If a BESS site is located within 500 feet of a property zoned for single-family use, a noise study shall be provided indicating that noise level shall not exceed an ambient level measured at the single-family property line.
j. Remote Monitoring. All BESS sites shall have a redundant 24/7 site monitoring system (approved supervising station) to detect and prevent thermal runaway. The system shall be subject to the following requirements:
1. The system shall have detectors for temperature, gases, and smoke installed.
2. System alerts and detection warnings of a potential thermal runaway, smoke detector activation, or gas detector activation shall be sent to local emergency services (Fire and Police Departments), site and remote operators, and owners.
3. Alerts and detections of a potential thermal runaway, smoke detector activation, or gas detector activation shall trigger BESS unit shutdown and exhaust fan initiation at a minimum.
4. All critical safety systems and remote monitoring systems shall have a secondary source of power in the event of a power failure.
5. A plan shall be provided showing the capability of providing battery backup power for as long as it takes for a permanent (generator) power source to be put in place. The company shall send its backup power plan to the Fire Marshal’s office at time of permitting for review. The plan shall explain how they will sustain emergency backup power until normal power is restored, especially during a natural disaster.
6. For additional safety and redundancy of a commercial energy storage system (ESS) installation, a Battery Analytics software system shall be required to monitor the data produced by the Battery Management System (BMS). Indications of a potential failure shall be immediately transmitted to the energy storage system operator and to the fire department.
k. Listing and Testing of Site. The following standards are applicable to the listing and fullscale testing of stationary energy storage systems. The City may accept battery systems listed and tested to later editions of these standards when necessary to address evolving standards applicable to a rapidly developing technology.
1. Listing. All stationary energy storage systems shall be tested and listed by a nationally recognized testing laboratory to the following standards:
a. Underwriters Laboratories (UL) Standard 1741, entitled “Inverters, Converters, Controllers and Interconnection System Equipment for Use with Distributed Energy Resources;”
b. Underwriters Laboratories (UL) Standard 1973, entitled “Batteries for Use in Light Electric Rail (LER) Applications and Stationary Applications;” and c. Underwriters Laboratories (UL) Standard 9540, entitled “Energy Storage Systems and Equipment.”
d. Underwriters Laboratories (UL) Standard 1642, entitled “Standard for Lithium Batteries.”
2. Full-scale testing. Stationary energy storage systems shall be tested to Underwriters Laboratories (UL) Test Method 9540A, entitled “Safety Test Method for Evaluating Thermal Runaway Fire Propagation in Battery Energy Storage Systems,” or other approved standard or test data; and shall be subjected to a largescale destructive fire test of a complete BESS. l. Supervision of Site. A stationary energy storage system shall be operated and maintained under the general supervision of a technical expert held to the following standards:
1. Be trained and knowledgeable in the installation, maintenance, and operation of the battery system, such as a person engaged in the design or installation of such systems;
2. Possess the manufacturer’s installation and operating specifications for each battery system and any associated fire protection systems;
3. Immediately report any emergency condition affecting a battery system to the Fire Department; and
4. Provide technical assistance about the stationary energy storage system installation to the Department and, in coordination with the energy storage management system monitoring facility, identify a subject matter expert (such as a representative of the manufacturer) who can provide technical assistance about the battery’s design and performance in the event of an emergency condition affecting the battery system. m. Event Response. If City employees respond to an incident at the site, the operator of the BESS site shall adhere to the following requirements:
1. A technical expert, as described in 3.14.19.l., must be on-site within one hour of any remote monitoring alert.
2. All City costs associated with the incident must be reimbursed at a rate specified by the City, as detailed in the Fire Mitigation Fee Schedule.
3. Any third-party response requested by the city or LCFD will be at the cost of the property owner. (Hazardous materials company, Specialized fire equipment, F-500 encapsulating agent, air monitoring, or other city assets) n. Insurance. The operator of the BESS site shall provide and maintain, as current, a certificate of liability insurance in form and content satisfactory to the HR Director. The City shall be named as an Additional Insured.
o. Flood Risks. Batteries shall be installed subject to the regulations of Chapter 50, Floods. p. Decommissioning.
1. Upon the ceasing of operations or the end of life of the facility, whichever comes first, the site shall be decommissioned based on the following criteria:
a. The owner shall notify the city, the Fire Chief, and the Fire Marshal before any work is started.
b. All above and below ground features (i.e. containers, underground utilities, foundations, gravel, etc.) shall be removed from the site with the exception of the drainage improvements and access road. The site shall be returned to its natural pre-construction ground state.
c. All material removed from the site shall be disposed, reused, and recycled in accordance with state and federal requirements.
d. Any adverse substances that may have entered the ground during the course of operations shall be removed from the property and properly disposed of.
2. Prior to the City’s authorization to operate the facility, the Applicant shall:
a. Provide a Decommissioning Bond, with the Applicant as the Principal and the instrument shall run to the City, as oblige, and shall become effective on or before the beginning of operations at the site and shall remain in force until the property is fully decommissioned. The amount shall be based on a Professional Engineer’s signed and sealed estimate of current costs to decommission the site, at build-out, with an adjusted inflation rate based on the average CPI over the last 10 years from the U.S. Bureau of Labor Statistics.
q. On-site Signage. The operator of the BESS site shall post in a conspicuous location at the entrance to the facility a sign subject to the following regulations:
1. The sign shall be reflective and weatherproof and shall be placed at all entrance gates to the facility, as well as on the entrance to any buildings that may house any components of the BESS.
2. Lettering shall be a minimum letter height of 3/8” permanently affixed.
3. The sign shall display the following information:
a. 24/7 Contact Information.
b. Types of technology associated with the BESS.
c. Any special hazards associated with the BESS.
d. Type of suppression system installed.
e. Disconnect and other emergency shutoff information.
f. Command Center location.
4. The sign shall be inspected annually to ensure its structural integrity and to determine if any additional information is required.
k. Plume Modeling. To determine the potential toxic risk to those in proximity to the BESS, including responding firefighters, a plume analysis shall be performed. The plume analysis shall utilize appropriate modeling to evaluate worst-case scenarios with varying weather conditions and toxic gas release rates. The plume study shall address toxicity hazards based on toxic gases expected to be released based on gas composition measurements from the cell and module level testing pursuant to UL9540A or other testing. The plume analysis shall include battery failures with both flaming and non-flaming scenarios. These scenarios should be based on results from relevant tests such as UL 9540A tests and include modeling of a full propagation event involving an entire BESS enclosure. The modeling of multiple BESS enclosure failures shall not be required except where testing or analysis indicates that this is to be reasonably expected. Model assumptions, techniques, results, and a summary document shall be provided in a report. The plume study shall be conducted by a qualified firm with experience in plume modeling for battery energy storage systems. The city shall commission the plume model and all costs incurred by the City shall be fully reimbursed by the BESS applicant.
l. Partnership Agreement. The applicant shall enter into a Payment in Lieu of Taxes Agreement or similar agreement with the City of League City to compensate the local taxing authorities for the loss in tax revenue attributable to depreciation and/or other factors. m. Transfer of Ownership. The Applicant shall provide written notification to the Planning Department at least thirty (30) days prior to any change in ownership of a BESS. A change in ownership includes any kind of assignment, sale, lease, transfer, or other conveyance of ownership or operating control of the applicant, the BESS, or any portion thereof. The Applicant or successors-in-interest or assignees of the Special Use Permit, as applicable, shall remain liable for compliance with all conditions, restrictions and obligations contained in the Special Use Permit, the provisions of this Ordinance, and applicable City, state, and federal laws.
IRWINDALE CITY COUNCIL CHAMBERS JANUARY 8, 2025
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 5:02 P.M.
The Irwindale CITY COUNCIL and HOUSING AUTHORITY met in a special joint meeting at the above time and place.
ROLL CALL: Present: Councilmembers Albert F. Ambriz, Manuel R. Garcia, Mayor Pro Tem H. Manuel Ortiz; Mayor Larry G. Burrola
Absent: Councilmember Mark A. Breceda
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Theresa Olivares, Assistant City Manager; and Laura Nieto, Chief Deputy City Clerk
AB 2449 DISCLOSURES None.
SPONTANEOUS
COMMUNICATIONS There were no speakers.
CONSENT CALENDAR
MOTION A motion was made by Mayor Pro Tem Burrola, seconded by Councilmember Breceda, to approve the Consent Calendar. The motion was unanimously approved.
ITEM NO. 5A CONFERENCE WITH REAL PROPERTY NEGOTIATOR
CONFERENCE WITH
REAL PROPERTY Property: 16249 Arrow Highway
NEGOTIATOR Agency Negotiator: Julian A. Miranda, City Manager Negotiating Parties: Dynasty Realty / The Bravo Group
Under Negotiation: Price and terms of payment
ACTION: Updates provided, direction provided to staff; no reportable action taken.
Property: 14905 Los Angeles Street, Irwindale, CA
Agency Negotiator: Julian Miranda, Executive Director
Negotiating Parties: Marianna Diaz
Under Negotiation: Price and terms of payment
ACTION: Updates provided, direction provided to staff; no reportable action taken.
Property: 16359 Arrow Highway
Agency Negotiator: Julian A. Miranda, City Manager
Negotiating Parties: 39 Dalton Financial Ltd. Partnership Under Negotiation: Price and terms of payment
ACTION: Updates provided, direction provided to staff; no reportable action taken.
CC / HA MINUTES JANUARY 8, 2025
SPECIAL MEETING PAGE 2
ITEM NO. 5B CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED CONFERENCE WITH LITIGATION (Significant Exposure to Litigation Pursuant to LEGAL COUNSEL – Government code Section 54956.9 (d)(2), (e)(1)
ANTICIPATED
LITIGATION A point has been reached where, in the opinion of the City Council, upon the advice of its legal counsel based on existing facts and circumstances, that there is a significant exposure to litigation against the City. The facts and circumstances are those that might result in litigation against the City but which the City believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be discussed.
Number of Cases: 1
ACTION: Update provided, direction not provided; no action taken.
ITEM NO. 5C CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED CONFERENCE WITH LITIGATION (Initiation of Litigation Pursuant to Government Code LEGAL COUNSEL – Sections 54954.5, 54956.9 (d)(4)
ANTICIPATED
LITIGATION Number of Cases: 1
ACTION: Information provided by City Attorney, discussion held, no direction provided; no action taken.
RECONVENE IN At 6:17 p.m., the City Council reconvened in Open Session.
OPEN SESSION
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 6:19 p.m.
________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
IRWINDALE CITY COUNCIL CHAMBERS JANUARY 8, 2025
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 6:19 P.M.
The Irwindale CITY COUNCIL met in regular session at the above time and place.
ROLL CALL: Present: Councilmembers Albert F. Ambriz, Manuel R. Garcia, Mayor Pro Tem H. Manuel Ortiz; Mayor Larry G. Burrola
Absent: Councilmember Mark A. Breceda
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Theresa Olivares, Assistant City Manager; Christopher Hofford, Chief of Police; Kambiz Borhani, Director of Finance / City Treasurer; Eddie Chan, Director of Engineering / Building Official; Elizabeth Rodriguez, Public Services Director; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Deputy City Clerk AB 2449 DISCLOSURES None.
CHANGES TO THE
AGENDA None.
COUNCILMEMBER
TRAVEL REPORTS None.
COUNCILMEMBER
COMMENTS
COUNCILMEMBER Councilmember Ambriz thanked the Public Works Department staff AMBRIZ and all first responders for working hard through the night in response to the recent windstorms.
MAYOR PRO TEM Mayor Pro Tem Ortiz noted that he received calls from Supervisor ORTIZ Hilda Solis’ office asking whether there were any major concerns within the city due to the recent fires. He thanked Supervisor Solis for her concern. He also echoed Councilmember Ambriz’s comments.
INTRODUCTION OF
NEW EMPLOYEES /
PROMOTIONS
ITEM NO. 17A INTRODUCTION OF COMMUNICATIONS AND RECORDS
INTRODUCTION OF SUPERVISOR NORMA ORTIZ
COMMUNICATIONS
AND RECORDS Chief Hofford presented brief background information and introduced SUPERVISOR Communications and Records Supervisor Norma Ortiz.
NORMA ORTIZ
PROCLAMATIONS /
PRESENTATIONS /
COMMENDATIONS
CITY COUNCIL MINUTES JANUARY 8, 2025
REGULAR MEETING PAGE 2
ITEM NO. 18A ADMINISTRATION OF OATHS OF OFFICE TO INCOMING CITY
ADMINISTRATION OF COMMISSIONERS
OATHS OF OFFICE TO
INCOMING CITY The oaths of office were administered to Paula Fraijo, Nathan COMMISSIONERS Romero, Linda Marez, and Iris Rodriguez.
CONSENT CALENDAR
MOTION A motion was made by Councilmember Ambriz, seconded by Mayor Pro Tem Ortiz, to approve the Consent Calendar; The motion was unanimously approved; Councilmember Breceda absent.
ITEM NO. 19A APPROVE THE MINUTES OF THE SPECIAL MEETING HELD MINUTES DECEMBER 11, 2024, SPECIAL JOINT MEETING HELD
DECEMBER 11, 2024, REGULAR MEETING HELD DECEMBER 11,
2024, AND SPECIAL MEETING HELD DECEMBER 19, 2024
The following minutes were approved:
1) Special meeting held December 11, 2024
2) Special joint meeting held December 11, 2024
3) Regular meeting held December 11, 2024
4) Special meeting held December 19, 2024
ITEM NO. 19B WARRANTS / DEMANDS / PAYROLL
WARRANTS / DEMANDS
PAYROLL The warrants / demands / payroll were approved.
ITEM NO. 19C CONTRACT AMENDMENT NO. 3 – INTERWEST CONSULTING
CONTRACT GROUP
AMENDMENT NO. 3 –
INTERWEST Contract Amendment No. 3 with Interwest Consulting Group for the CONSULTING GROUP preparation of the Comprehensive Zoning Ordinance Update was approved, subject to City Attorney approval as to form, and RESOLUTION NO. Resolution No. 2024-93-3570, entitled:
2024-93-3570
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, APPROVING AMENDMENT NO. 3 WITH INTERWEST
CONSULTING GROUP, AND APPROVING AN APPROPRIATION
OF ADDITIONAL FUNDING FOR THE COMPREHENSIVE ZONING
ORDINANCE UPDATE,” was adopted.
ITEM NO. 19D APPROVE PURCHASE OF POLICE VEHICLE WITH FEDERAL
APPROVE PURCHASE ASSET FORFEITURE FUNDS AND APPROPRIATE FUNDS FOR
OF POLICE VEHICLE SUCH USE
WITH FEDERAL ASSET
FORFEITURE FUNDS The bid submitted by Sierra Auto Group for the purchase of one new AND APPROPRIATE vehicle to be used for Police Department operations in the amount of FUNDS FOR SUCH USE $38,046.14 was approved and
CITY COUNCIL MINUTES JANUARY 8, 2025
REGULAR MEETING PAGE 3
RESOLUTION NO. Resolution No. 2025-08-3596, entitled:
2025-08-3596
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE APPROVING THE APPROPRIATION OF ASSET
FORFEITURE FUNDS FOR THE PURCHASE AND OUTFITTING
OF ONE POLICE SERVICE VEHICLE,” was adopted.
ITEM NO. 19E RECEIVE AND APPROPRIATE GRANT FUNDS FROM THE STATE
RECEIVE AND OF CALIFORNIA BOARD OF STATE AND COMMUNITY
APPROPRIATE GRANT CORRECTIONS’ BYRNE STATE CRISIS INTERVENTION
FUNDS FROM THE PROGRAM
STATE OF CA
BOARD OF STATE
AND COMMUNITY
CORRECTIONS’
BYRNE STATE CRISIS
INTERVENTION
PROGRAM
RESOLUTION NO. Resolution No. 2025-11-3599, entitled:
2025-11-3599
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE APPROVING RECEIPT AND APPROPRIATING
STATE GRANT FUNDS FOR USE BY THE POLICE
DEPARTMENT,” was adopted, subject to City Attorney approval as to form.
ITEM NO. 19F CITY MANAGER EMPLOYMENT AGREEMENT AMENDMENT
CITY MANAGER
EMPLOYMENT
AGREEMENT
AMENDMENT
CITY ATTORNEY City Attorney Guerra noted that Senate Bill 1436, adopted in 2016, GUERRA requires that a local agency’s legislative body orally report a summary of the recommended compensation of a local agency executive, i.e. the City Manager. He verbally reported the terms of the proposed Second Amendment.
RESOLUTION NO. Resolution No. 2025-09-3597, entitled:
2025-09-3597
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE APPROVING THE SECOND AMENDMENT TO THE
CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF IRWINDALE AND JULIAN A. MIRANDA,” was adopted.
END OF CONSENT CALENDAR
CITY COUNCIL MINUTES JANUARY 8, 2025
REGULAR MEETING PAGE 4
SPONTANEOUS
COMMUNICATIONS
DENA ZEPEDA Dena Zepeda thanked staff from Public Works Services, Police, and Fire Departments for working hard to clean up after the recent windstorm. She also commended the Recreation Department for its excellent programs and congratulated the newly appointed commissioners.
SUZANNE GOMEZ Suzanne Gomez thanked the Public Works Department and stated that she was looking forward to the consideration of rezoning and the General Plan. She encouraged the Council to keep the vision of the forefathers in mind when making decisions.
VERONICA BARBOSA An email from Veronica Barbosa Lara was read into the record wherein she encouraged the community to check on the health and safety of seniors during uncertain times.
NEW BUSINESS
ITEM NO. 21A CONSIDERATION OF APPOINTMENT OF ICF BOARDMEMBER
CONSIDERATION OF
APPOINTMENT OF
ICF BOARDMEMBER
CITY MANAGER City Manager Miranda presented the staff report.
MIRANDA
MAYOR BURROLA Mayor Burrola thanked all applicants and nominated Dena Zepeda to the ICF. The nomination was unanimously approved by the Council; Councilmember Breceda absent.
PUBLIC HEARINGS
ITEM NO. 22A IRWINDALE GATEWAY SPECIFIC PLAN
IRWINDALE
GATEWAY SPECIFIC
PLAN
DIRECTOR SIMPSON Director Simpson introduced Senior Planner Brandi Jones, who presented the staff report.
JEFF DRITLY Jeff Dritly introduced himself as the Chairman and Founder of Kearn1y Real Estate and provided background information on his history with the City and about the subject project. He displayed images of remedial grading efforts, alternatives 1 and 2, building elevation, Live Oak Lane street improvements, landscaping, and a diagram of what the project would look like once completed.
CITY COUNCIL MINUTES JANUARY 8, 2025
REGULAR MEETING PAGE 5
ARON BRANAM Aron Branam with AYPA made a PowerPoint presentation, spoke on the Battery Energy Storage System (“BESS”) site plan and features, elevation, displayed typical BESS container images, the inside of the containers, BESS fire safety, hazmat, and air quality, BESS failure incident database, and residential-adjacent examples
JEFF DRITLY Mr. Dritly described what a BESS would look like from the street, summarized the project benefits, and spoke on what his company requests from the Council.
SENIOR PLANNER Senior Planner Jones then concluded the staff report presentation.
JONES
OPEN At 7:41 p.m., Mayor Burrola opened the public hearing.
PUBLIC HEARING
FRED BARBOSA Fred Barbosa questioned where the BESS would be monitored from.
He also opposed the project citing environmental concerns.
MYLLEX GUADAMUZ Myllex Guadamuz, Coordinator with the Apprenticeship Readiness Fund, spoke in support of the project due to the project labor agreements.
ERIC FERRER Eric Ferrer, an Organizer for Smart Local 105 Sheet Metal Workers, strongly urged the Council to approve the project for its project labor agreements.
RENE PALACIOS Rene Palacios, a member of Iron Workers Local 433, urged the Council to approve the project for its project labor agreements.
TOMMY FAVAI Tommy Favai, representing IBEW Electrical Workers Local Union 11, spoke in support of the project due to the jobs it would create.
ANTHONY NATALE Anthony Natale, Director of Risk and Response for the Fire Risk Alliance, explained BESS thermal runaway and discussed the differences between carbon monoxide and carbon dioxide.
EDDIE ALVAREZ Eddie Alvarez, Representative for the Los Angels and Orange County Building and Constructions Trades Council, spoke in support of approving a BESS project due to the local jobs it would create.
FRED BARBOSA Fred Barbosa questioned why evacuation orders are needed when BESS systems experience thermal runaways. He also questioned why responding firefighters would require breathing apparatus and stated that such apparatus is not needed when responding to house fires, for example.
ROBERT DIAZ Robert Diaz suggested denying the project citing potential air pollution, additional truck traffic, and social justice impacts. He also stated that jobs would be created no matter what project is placed at
CITY COUNCIL MINUTES JANUARY 8, 2025
REGULAR MEETING PAGE 6
the site. He also suggested having a commercial overlay for the subject site and stated that the Specific Plan would take power away from the Council.
LINDA MAREZ Linda Marez spoke in opposition to the project since it could create dangerous situations. She also argued that this type of a project would not be proposed for more affluent communities and stated that most city residents are opposed to the project.
ANTHONY NATALE Anthony Natale asked whether residents would prefer a gas-powered plant as opposed to a BESS. He indicated that the BESS would not cause pollution and would have many safety features in place. He also indicated that firefighters wear self-contained breathing apparatus at all types of fires.
DENA ZEPEDA Dena Zepeda read a letter in opposition to the project. She also stated that residents were not able to voice their concerns at past workshops that covered this topic.
ISAIAH ROBLES Isaiah Robles, with LIUNA Local 300, spoke in favor of the project due the jobs it would create as well as the overall safety of the project.
SUZANNE GOMEZ Suzanne Gomez requested that the Council not grant a Specific Plan and not certify the EIR.
RICHARD STILLWAGON Richard Stillwagon, Fire Marshall for Los Angeles County, spoke on his experience and background and advised that: 1) the proposed project is relatively safe, though no project could be guarantee to be 100% risk-free, 2) the strictest codes have been implemented to ensure that companies follow every safety standard possible, 3) he denied a project proposed by a major Southern California company since they refused to install gas or smoke alarms, 4) his highest priority is the safety of the community, 5) he would rather see a BESS fire than a tire fire since it would be less toxic, 6) foam cannot be used on BESS fires since it would only aggravate the problem, 7) the Fire Department would ensure that, when and if the BESS systems fail, that they do so in a way that does not disrupt community services, 8) the proposed site is probably the best location for a BESS, and 9) he approved a similar project next to a firehouse.
DENA ZEPEDA Dena Zepeda asked why a mailer was placed in her mailbox.
ROBERT HARTMAN Robert Hartman opposed the project and stated that union members would push for any project to be placed at the site.
RENE SAPIEN Rene Sapien opposed the project due to potential environmental impacts.
CITY COUNCIL MINUTES JANUARY 8, 2025
REGULAR MEETING PAGE 7
NICOLE VERMILLION Nicole Vermillion with Placeworks spoke on the studies conducted regarding potential health risks, which were included in the EIR. She advised that, although there was a statement of overriding conditions, it was not for health risks, which were found to be “less than significant”.
CRAIG LEWIS Craig Lewis, with the Clean Air Coalition, agreed with Fire Marshall Stillwagon’s comments and stated that pollution would be minimized with a BESS project since fewer trucks would enter and exit the project site. Additionally, the BESS project would allow for renewable energy rather than gas-powered plants and concurred that the project site is probably best suited for this type of project.
FRED BARBOSA Fred Barbosa stated that he wanted to talk about the vehicles that would visit the site.
CLOSE There being no additional speakers, Mayor Burrola closed the public PUBLIC HEARING hearing at 8:39 p.m.
RECESS At 8:39 p.m., the Council took a short recess.
RECONVENE The Council reconvened in Open Session at 8:48 p.m. with all members present, except for Councilmember Breceda, who was absent.
SENIOR PLANNER Senior Planner Jones responded to questions posed during the public JONES hearing by advising that:
1) A notice regarding the project was sent to the Department of Justice, which had no comments.
2) Both options presented have commercial components. With each General Plan designation, there is corresponding zoning. In order to implement regional commercial, staff would need to create a new zoning designation.
3) Regarding the concern that the Specific Plan would take power away from the Council, she noted that the Planning Commission made recommendations to make it more strict relating to the design, uses, setbacks, and design guidelines. She noted that the issue would still need to return to the Planning Commission and finally to the City Council for consideration, and added that the developer has not been given free reign.
4) Per AB 205, and due to the project’s proposed size, the developer could potentially go to the state if they feel that the City is being unreasonable. If this were to occur, the City would have no say in setting development standards; participation would be limited to providing comments.
5) The Planning Commission did an excellent job in their interpretation and decision of the documentation provided. She noted that the information was also provided to the Council in November.
CITY COUNCIL MINUTES JANUARY 8, 2025
REGULAR MEETING PAGE 8
MAYOR PRO TEM Mayor Pro Tem Ortiz stated that he found the report to be very ORTIZ complex and suggested concentrating on the environmental impact report for the entire site and then amend the Specific Plan, with the consideration of a BESS project to be held later, to which Senior Planner Jones advised that the Specific Plan lists the commercial uses that are permitted at the site, and noted that the reason why BESS is being concentrated on is due to the interest from members of the community. She further advised that, should the Council approve the Specific Plan, the developer could choose either option 1 or 2; option 2 allowing for the development of a BESS.
Mayor Pro Tem Ortiz asked about the impacts that would be felt five years in the future, to which Senior Planner Jones indicated that the EIR considers the full buildout of the project, including traffic and air quality.
Mayor Pro Tem Ortiz reiterated his suggestion that the BESS project should be considered later, to which Senior Planner Jones advised that the BESS project will be considered later and noted that tonight’s item pertains to the Specific Plan, and that staff is not proposing any action on the BESS.
MAYOR BURROLA In response to several questions by Mayor Burrola, Fire Marshall Stillwagon advised that: 1) BESS’ could be mounted to concrete pads on the ground and that, in the event of an earthquake, the system’s safety features could isolate any trouble areas and stop producing energy to prevent contributing to a thermal runaway; 2) if a container catches fire, any toxins are fairly contained within it; 3) the containers would not contain fluid; rather, the batteries are solid state and would not have anything seep into the soil underneath; 4) the National Fire Protection Association gives options to minimize risks, including the addition of ventilation systems and requiring thinner metal on top, such as is done in Los Angeles County; and 5) chemicals such as hydrogen would dissipate rapidly and naturally.
MAYOR PRO TEM Responding to a question by Mayor Pro Tem Ortiz, Fire Marshall ORTIZ Stillwagon advised that he has researched worldwide studies, such as a battery fire that occurred in Australia, where he noted that the fire burnt itself out. Another scenario occurred in Otay Mesa, where the batteries, which were located within a building, caught fire since vapors accumulated inside the building. Marshall Stillwagon reaffirmed that the subject project is a different type of project from the one in Otay Mesa and added that they work with code councils to develop best practices and never put profit over safety.
COUNCILMEMBER Councilmember Ambriz requested a description of safety protocols, AMBRIZ to which Fire Marshall Stillwagon advised that emergency response procedures are implemented along with safety features. He stated that worst-case scenarios are analyzed and determined for each site to determine the best way to address issues that may arise.
CITY COUNCIL MINUTES JANUARY 8, 2025
REGULAR MEETING PAGE 9
Additionally, computer systems are utilized along with early-warning detection devices and that, if batteries go into burning phases, they are isolated to prevent the issue from spreading.
Councilmember Ambriz also asked about air quality, to which Nicole Vermillion advised that the proposed project would pose no significant health risks and added that battery fires would burn themselves out within a couple of hours.
Responding to a question by Councilmember Ambriz, Fire Marshall Stillwagon advised that the Los Angeles County Health Department is responsible for any cleanup efforts needed.
COUNCILMEMBER Councilmember Garcia asked about shutoff mechanisms, to which GARCIA Fire Marshall Stillwagon advised that each company would need to describe their distinct processes, though Fire Department staff would analyze everything to ensure that all codes are being adhered to.
JEFF DRITLEY Jeff Dritley indicated that, should the project be approved tonight, it would be completed toward the end of 2026. He added that certifying the EIR would require a development agreement which would need to be negotiated by applicable parties, after which it would need to be considered by the Planning Commission and the Council.
COUNCILMEMBER Councilmember Ambriz stated that AB 205 is very real and that he AMBRIZ would not be in favor of having the State of California dictate whether the project would move forward without any community benefits administered through a development agreement.
COUNCILMEMBER Councilmember Garcia asked what the City’s legal remedy would be GARCIA if the developer would seek state intervention, to which City Attorney Guerra responded, first by addressing a previous comment and clarifying that no amendment was being considered tonight; rather, it’s an entirely separate agreement. He added that the Specific Plan would authorize the BESS with a development agreement, and that, should the Council adopt the Specific Plan as drafted, it would allow either option 1 or 2, both of which have been analyzed. He also noted that the developer still has the option of recurring to the state if it is unhappy with the City’s process.
MAYOR BURROLA Responding to several questions from Mayor Burrola, Aron Branam advised that the project would allow for 300-400 containers, but that he could not specify the amount of cells since the manufacturer has not been identified yet. Regarding noise, each container would include a thermal management system with air conditioning, which would run at low decibels.
MAYOR PRO TEM Mayor Pro Tem Ortiz asked about the number of employees that ORTIZ would remain on site, to which Mr. Branam advised that the site would be unmanned but would be overseen by 6-10 remote workers.
CITY COUNCIL MINUTES JANUARY 8, 2025
REGULAR MEETING PAGE 10
Councilmember Ortiz also asked about potential revenue for the City, to which Mr. Dritley advised that it would generate approximately $1.1 million annually for the entire site, including the BESS.
MAYOR PRO TEM Responding to a question from Mayor Pro Tem Ortiz, Mr. Branam ORTIZ indicated that his company has many other projects in the pipeline, with existing BESS systems in the multi-watt range.
MAYOR BURROLA Mayor Burrola asked how electricity from the BESS would be doled out to the community, to which Mr. Branam advised that, though he could not determine how to the energy would be distributed, it is generally accepted that the closer one is to the resource, the better.
Mayor Burrola also asked about the amount of energy the BESS would provide to the community, to which Mr. Branam indicated that they are proposing a 400-megawatt system, which would be served depending on the community’s needs.
SENIOR PLANNER Senior Planner Jones added that the system would generate JONES approximately 60 decibels, which is equivalent to that of a normal conversation.
MAYOR BURROLA Mayor Burrola stated that he was still concerned about the effects of earthquakes on BESS systems and said he would like to see more data on the effects of burning lithium. He stated his preference in tabling this matter to a future meeting.
MOTION A motion was made by Mayor Pro Tem Ortiz, seconded by Mayor Burrola, to table this matter to the first Council meeting of February.
The motion failed, with Councilmembers Ambriz and Garcia opposed; Councilmember Breceda absent.
MOTION A motion was made by Councilmember Ambriz, seconded by Councilmember Garcia, to:
1) Adopt Resolution No. 2025-01-3589, entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE (1)
CERTIFYING THE ENVIRONMENTAL IMPACT REPORT,
STATE CLEARING HOUSE (SCH# 2023020290); (2) ADOPTING
THE FINDINGS REQUIRED BY CEQA GUIDELINES, SECTION
15091; (3) ADOPTING THE PROPOSED MITIGATION
MONITORING AND REPORTING PROGRAM; AND (4)
ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS, PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) FOR THE
IRWINDALE GATEWAY SPECIFIC PLAN”,
2) Adopt Resolution No. 2025-02-3590, entitled: “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
AMENDING THE COMMUNITY DEVELOPMENT ELEMENT
AND LAND USE PLAN MAP OF THE CITY’S GENERAL PLAN
CITY COUNCIL MINUTES JANUARY 8, 2025
REGULAR MEETING PAGE 11
(GPA NO. 02-2022) FROM REGIONAL COMMERCIAL TO
SPECIFIC PLAN FOR PROPERTY LOCATED AT 13620 LIVE
OAK LANE, IRWINDALE, CA (APNS: 8532-002-046 AND 8532-
002-0047) AS SET FORTH HEREIN AND MAKING FINDINGS
IN SUPPORT THEREOF”,
3) Direct the City Attorney to read the title of the ordinance, waive further reading of the ordinance, and introduce for first reading Ordinance No. 787, entitled: “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA,
ADOPTING ZONE ORDINANCE AMENDMENT NO. 02-2023 TO
ADD IRWINDALE GATEWAY SPECIFIC PLAN TO TITLE 17 OF
THE IRWINDALE MUNICIPAL CODE (IMC), DEFINING
PERMITTED USES, REGULATING THE SIZES AND
LOCATIONS OF BUILDINGS, SPECIFYING DESIGN
GUIDELINES AND DEVELOPMENT STANDARDS,
ADDRESSING MOBILITY AND CONNECTIVITY TOPICS,
IDENTIFYING PROJECT INFRASTRUCTURE AND SERVICES,
AND PROVIDING ADMINISTRATIVE AND IMPLEMENTATION
LANGUAGE FOR PROPERTY LOCATED AT 13620 LIVE OAK
LANE, IRWINDALE, CA (APNS: 8532-002-046 AND 8532-002-
047) AND FINDING THE PROJECT CONSISTENT WITH THE
CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT (SCH#
2023020290)”
4) Direct the City Attorney to read the title of the ordinance, waive further reading of the ordinance, and introduce for first reading Ordinance No. 788, entitled: “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF IRWINDALE MODIFYING THE CITY
OF IRWINDALE ZONING MAP (ZONE CHANGE NO. 02-2022)
FROM M-2 (HEAVY MANUFACTURING) TO IRWINDALE
GATEWAY SPECIFIC PLAN FOR PROPERTY LOCATED AT
13620 LIVE OAK LANE, IRWINDALE, CA (APNS: 8532-002-046
AND 8532-002-047) AND FINDING THE PROJECT
CONSISTENT WITH THE CERTIFIED ENVIRONMENTAL
IMPACT REPORT (SCH# 2023020290)” and
5) Adopt Resolution No. 2025-05-3593, entitled: “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
APPROVING TENTATIVE PARCEL MAP NO. 83854 TO
CREATE SEVEN (7) PARCELS FOR PROPERTY LOCATED AT
13620 LIVE OAK LANE, IRWINDALE, CA (APNS: 8532-002-046
AND 8532-002-04) IN THE M-2 (HEAVY MANUFACTURING)
ZONE SUBJECT TO CONDITIONS AS SET FORTH HEREIN,
MAKING FINDINGS IN SUPPORT THEREOF,”
The motion failed with Mayor Pro Tem Ortiz and Mayor Burrola opposed.
CITY COUNCIL MINUTES JANUARY 8, 2025
REGULAR MEETING PAGE 12
MAYOR BURROLA Mayor Burrola preferred to postpone the matter until all members of the Council are present to discuss.
MOTION A motion was made by Mayor Burrola, seconded by Councilmember Ambriz, to continue this matter to the meeting of January 22, 2025.
The motion was unanimously approved; Councilmember Breceda absent.
ITEM NO. 22B APPROVAL OF PROPOSED USE OF COMMUNITY
APPROVAL OF DEVELOPMENT BLOCK GRANT (CDBG) ALLOCATION FOR PROPOSED USE OF FISCAL YEAR (FY) 2025-2026 ALONG WITH REALLOCATION OF CDBG ALLOCATION FY 2024-2025 PROJECT FUNDING PREVIOUSLY DEFERRED ON FOR FY 25/26 ALONG OCTOBER 9, 2024
WITH REALLOCATION
OF FY 24/25 PROJECT
FUNDING PREVIOUSLY
DEFERRED ON
OCTOBER 9, 2024
FINANCE MANAGER Finance Manager Duran presented the staff report.
DURAN
OPEN At 10:06 p.m., Mayor Burrola opened the public hearing.
PUBLIC HEARING
CLOSE There being no speakers, Mayor Burrola closed the public hearing at PUBLIC HEARING 10:07 p.m.
RESOLUTION NO. Resolution No. 2025-06-3594, entitled:
2025-06-3594
ADOPTED “A RESOLUTON OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING THE PROPOSED USE OF THE CITY’S
FISCAL YEAR 2025-2026 LOS ANGELES URBAN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION AND
REALLOCATE FISCAL YEAR 2024-2025 FUNDING AS
PREVIOUSLY APPROVED,”
CITY MANAGER’S
REPORT
CITY MANAGER City Manager Miranda presented the following report:
MIRANDA
1) He invited all to the groundbreaking ceremony for the new Library scheduled for January 25.
2) He also invited everyone to the ribbon cutting and street dedication ceremony for Sgt. Al “Ponchi” Cruz Circle, scheduled for February 1.
3) The basketball court and cardio room at the Dan Diaz Recreation Center will be closed from January 9 – 11 for the gym floor resurfacing project.
4) He encouraged all to participate in the Recreation Department’s
CITY COUNCIL MINUTES JANUARY 8, 2025
REGULAR MEETING PAGE 13
“Locks of Love” program, scheduled to run the entire month of February.
5) He then invited Police Chief Hofford and Director of Public Services Rodriguez, who provided updates on their departments’ efforts in responding to the recent windstorm.
REQUESTS FOR
AGENDA ITEMS BY
CITY COUNCIL
MAYOR BURROLA Mayor Burrola requested a group photo of all City commissioners.
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 10:21 p.m.
________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
Checks by Date - Summary by Check Number
User:
Printed:
104039 CENTER02 CSULB Foundation 02/04/2025 299.00
Accounts Payable
stapia
2/18/2025 5:47 PM
Check No Vendor No
CALIFO57 California State Disbursement Unit 02/06/2025 143.07 Vendor Name Check Date Check Amount
LOSANG31 Los Angeles County Sheriff's Dept. 02/06/2025 73.60 104040 CALIFO56 California State Disbursement Unit 02/06/2025 604.15 104041
AMERIFID American Fidelity Assurance 02/06/2025 10,282.02 104042 FRANC06 Franchise Tax Board 02/06/2025 490.51
104043
AT&T06 AT & T 02/06/2025 89.02
104044 AGUILA07 Berlyn Aguila 02/06/2025 44.52
104045
AZBUS01 A-Z Bus Sales 02/06/2025 4.90
104046 AMERIC34 American Fidelity Assurance Co 02/06/2025 6,269.70 104047
MIJACA Balcon Holdings, Inc. 02/06/2025 84.00
104048 CINGULAR AT & T Mobility 02/06/2025 82.10
104049
BURROL04 Lavina Burrola 02/06/2025 242.77
104050 BAKER10 Bakers Man Production 02/06/2025 1,000.00 104051
CARDEN01 Rudy Cardenas 02/06/2025 150.00
104052 BALLI01 Shayna Balli 02/06/2025 126.45
104053
Cat Spec Cat Specialities Inc 02/06/2025 114.55
104054 CALIFO02 California American Water 02/06/2025 5,246.61 104055
CHANDL Chandler's Air Conditioning & 02/06/2025 234.00
104056 CARDEN01 Rudy Cardenas 02/06/2025 150.00
104057
CHARTE04 Charter Communicatons 02/06/2025 145.17
104058 CHAN03 Eddie Chan 02/06/2025 1,568.43
104059
CONCE01 Concentra 02/06/2025 61.00
104060 CHARTE01 Charter Communications 02/06/2025 1,180.68 104061
EVANS02 Gloria Evans 02/06/2025 225.00
104062 CINTAS Cintas Corporation #693 02/06/2025 139.03 104063
FLORE01 Karla Flores 02/06/2025 560.00
104064 EDDCAS Employment Development Dept. 02/06/2025 10,270.00 104065
FRONT01 Frontier Communications 02/06/2025 454.87
104066 EVAN05 Theresa Evans 02/06/2025 663.75
104067
FRONT01 Frontier Communications 02/06/2025 43.23
104068 FRONT01 Frontier Communications 02/06/2025 232.02 104069
HDLCOR HdL Coren & Cone 02/06/2025 1,575.00
104070 FRONT01 Frontier Communications 02/06/2025 45.11 104071
HOYEN Noelle Hoye 02/06/2025 910.00
104072 SOUTHE17 Golden State Water Company 02/06/2025 1,155.50 104073
HYATT02 Hyatt Regency Sacramento 02/06/2025 822.34
104074 HEGDAHLA Armando Hegdahl 02/06/2025 64.26
104075
LAEDC01 LAEDC 02/06/2025 2,500.00
104076 HYATT02 Hyatt Regency Sacramento 02/06/2025 1,096.46 104077
MIRAND25 Blanche V. Miranda 02/06/2025 390.00
104078 HYATT02 Hyatt Regency Sacramento 02/06/2025 822.34 104079
OPTUM01 OptumRx, Inc. 02/06/2025 43,978.76
104080 LAWE01 Law Enforcement Medical Services, Inc. 02/06/2025 725.00 104081
PONCE04 Delicia Ponce 02/06/2025 69.02
104082 NIETO01 Laura Nieto 02/06/2025 66.11
104083
104084 ORONAG Gloria Orona 02/06/2025 300.00
104085
RANCHO01 Rancho Duarte Florist 02/06/2025 75.00
RIOHON01 Rio Hondo College 02/06/2025 175.00
104086 PRO01 Pro Line Gym Floors 02/06/2025 3,100.00
104087
GASCOM SoCalGas 02/06/2025 2,082.81
104088 RIGHT01 Right of Way, Inc. 02/06/2025 45.88
104089
VALLEY01 Valley County Water District 02/06/2025 2,324.67 104090 SCHOCK01 Susan Schock 02/06/2025 180.00
104091
WAGONER Pamela Wagoner 02/06/2025 630.00
104092 UNITED11 United Site Services of CA Inc 02/06/2025 273.00 104093
ARIAS01 Michael Arias 02/13/2025 252.12
104094 VISION01 Vision Service Plan - (CA) 02/06/2025 2,588.22 104095
BAKER10 Bakers Man Production 02/13/2025 1,250.00
104096 WILL01 April Williams 02/06/2025 360.00
104097
CALIFO02 California American Water 02/13/2025 250.54
104098 AZUSALW Azusa Light & Water 02/13/2025 411.74
104099
CINTAS Cintas Corporation #693 02/13/2025 139.03
104100 MIJACA Balcon Holdings, Inc. 02/13/2025 93.00
104101
ESPI11 Victoria M. Espino 02/13/2025 180.00
104102 CALI12 California Consulting Inc. 02/13/2025 4,700.00 104103
SOUTHE17 Golden State Water Company 02/13/2025 342.89
104104 ESPINO10 Iris Espino 02/13/2025 179.42
104105
HULL01 Mary Hull 02/13/2025 150.27
104106 FARIAS02 Evan Farias 02/13/2025 85.95
104107
HYATT02 Hyatt Regency Sacramento 02/13/2025 822.34
104108 HOYEN Noelle Hoye 02/13/2025 99.00
104109
IACPME IACP 02/13/2025 220.00
104110 HYATT02 Hyatt Regency Sacramento 02/13/2025 822.34 104111
LANCES Lance, Soll & Lunghard LLP 02/13/2025 2,000.00
104112 HYATT02 Hyatt Regency Sacramento 02/13/2025 822.34 104113
PEARSO01 NCS Pearson, Inc 02/13/2025 102.00
104114 IRWIND21 Irwindale Hand Wash & Auto Detail 02/13/2025 824.73 104115
PHASEII PARS 02/13/2025 1,750.00
104116 MIRAN10 Julian A. Miranda 02/13/2025 118.15
104117
PONCE04 Delicia Ponce 02/13/2025 66.70
104118 OCEAN10 Ocean Institute 02/13/2025 988.80
104119
SANCH01 Jaycon Sanchez 02/13/2025 45.20
104120 PETTYC05 City of Irwindale-Admin Petty Cash 02/13/2025 398.20 104121
SECT01 Sectran Security Inc. 02/13/2025 136.98
104122 PROPRINT Pro Printing, Inc. 02/13/2025 60.16
104123
SCE02 Southern California Edison 02/13/2025 22,399.18
104124 SCFUELS SC Fuels 02/13/2025 6,269.83
104125
TERRA01 Terra Realty Advisors, Inc 02/13/2025 2,541.67
104126 SMART& Smart & Final 02/13/2025 1,331.91
104127
TORRES20 Elsy Torres 02/13/2025 56.00
104128 TEDJOH Ted Johnson Propane 02/13/2025 62.23
104129
verizonw Verizon Wireless 02/13/2025 831.11
104130 TEXAS01 Texas Life Insurance Co. 02/13/2025 4,314.72 104131
ACCO01 ACCO Engineering Systems 02/20/2025 3,625.62
104132 VALLEY01 Valley County Water District 02/13/2025 19,554.79 104133
AMAZON1 Amazon Capital Services, Inc. 02/20/2025 5,343.92 104134 verizonw Verizon Wireless 02/13/2025 2,422.13
104135
BAKER01 Baker & Taylor Books 02/20/2025 56.94
104136 ALLCI01 All City Management Services, Inc 02/20/2025 977.67 104137
BLACKA Black & White Emergency Vehicles 02/20/2025 3,533.70 104138 B&BTIR B & B Tires Service 02/20/2025 210.00
104139
104140 BILLST Bill's Truck Repair, Inc. 02/20/2025 215.00 104141
104142 BRITEW BriteWorks, Inc. 02/20/2025 12,847.12
SANGAB11 California Newspapers Partnership 02/20/2025 1,757.20 CHANDL Chandler's Air Conditioning & 02/20/2025 2,538.53 104143
CIVIC02 CivicPlus, LLC 02/20/2025 9,043.99
104144 CCP10 Canyon City Plumber CCP Incorporated 02/20/2025 750.00 104145
LOSANG33 County of Los Angeles 02/20/2025 66,122.92
104146 CINTAS Cintas Corporation #693 02/20/2025 139.03 104147
DEPART06 Department Of Animal Care 02/20/2025 4,405.66
104148 CODE04 Code 4 Uniforms INC 02/20/2025 1,154.61
104149
BATE01 Elior Inc. 02/20/2025 3,952.50
104150 DAVIDE David Evans & Associates Inc 02/20/2025 525.00 104151
1Glendor Glendora Chevrolet 02/20/2025 784.12
104152 DUDEK01 Dudek 02/20/2025 19,430.00
104153
INTELL01 Intelli-tech, Inc. 02/20/2025 1,305.00
104154 FILLG01 Fill Good Landscaping 02/20/2025 415.00
104155
LEWISE Lewis Engraving, Inc. 02/20/2025 146.63
104156 IMEG01 IMEG Consultants Corp. 02/20/2025 50,296.10 104157
MAINTE01 Maintex 02/20/2025 1,657.25
104158 JOHNNY02 Johnny's Pool Service 02/20/2025 51.80
104159
MARIPO Mariposa Landscapes, Inc. 02/20/2025 9,606.54
104160 LINN01 Deborah Linn 02/20/2025 1,687.50
104161
MORS01 Collette L. Morse 02/20/2025 2,250.00
104162 MIDAS Manuel C Muratalla 02/20/2025 80.25
104163
NATION40 Nationwide Fleet Installations 02/20/2025 665.00 104164 MIDWES Midwest Tape 02/20/2025 3,000.00
104165
OFFICE03 ODP Business Solutions, LLC 02/20/2025 4,222.56 104166 NAN01 Nancy K Bohl Inc 02/20/2025 2,083.00
104167
PEER01 Peerless Network, Inc 02/20/2025 1,393.29
104168 NUNE25 Cesar Nunez 02/20/2025 297.00
104169
PITNEY06 Pitney Bowes, Inc 02/20/2025 274.50
104170 OROSCOJR Leonard Orosco Jr. 02/20/2025 192.91
104171
PROPRINT Pro Printing, Inc. 02/20/2025 262.92
104172 PERF03 Performance Elevator Contractors, Inc. 02/20/2025 760.00 104173
RENT02 Jacqueline Renteria 02/20/2025 44.97
104174 LEGAL03 Pre-Paid Legal Services, Inc. 02/20/2025 110.65 104175
ROSENO RSG Inc. 02/20/2025 2,096.25
104176 QUIJAD01 Bertha Quijada 02/20/2025 7.50
104177
SANCH01 Jaycon Sanchez 02/20/2025 1,238.30
104178 RIGHT01 Right of Way, Inc. 02/20/2025 1,144.10
104179
TRIANG01 Triangle Truck Parts 02/20/2025 26.90
104180 CENTRO01 Safeguard Business Systems, Inc. 02/20/2025 587.31 104181
UNITED11 United Site Services of CA Inc 02/20/2025 639.45 104182 SULLYM Sully-Miller Contracting Co. 02/20/2025 97,317.76 104183
WEST06 Westrux International, Inc. 02/20/2025 1,421.56
104184 TURF01 Turf Star Inc 02/20/2025 53,358.45
104185
WILLDAN Willdan Financial Services 02/20/2025 15,901.50 104186 WESTCO05 West Coast Arborists, Inc. 02/20/2025 22,254.65 104187
Report Total (151 checks): 598,997.09
AP Checks by Date - Summary by Check Number (2/18/2025 5:47 PM) Page 3 104188 HDSUP01 WHITE CAP, L.P. 02/20/2025 62.86
104189
Item #21.C.
Date: February 26, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Amendment No. 2 to Contract Services Agreement with Norman A. Traub Associates LLC for Personnel Investigative Services and Related Budget Appropriation City Manager's Recommendation:
(1) Adopt Resolution No. 2025-18-3606 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AUTHORIZING THE APPROPRIATION OF TWENTY THOUSAND DOLLARS ($20,000) FROM
GENERAL FUND RESERVES FOR PERSONNEL INVESTIGATIVE SERVICES BETWEEN THE CITY OF IRWINDALE AND NORMAN A. TRAUB ASSOCIATES LLC"; and (2) Approve Amendment No. 2 to Contract Services Agreement with Norman A. Traub LLC.
Administrative Action:
Submitted by:
Julian A. Miranda, City Manager
Prepared by:
Mary Hull, Human Resources / Risk Manager
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
On October 8, 2024, the City Manager, on behalf of the City of Irwindale ("City"), entered into a Contract Services Agreement ("Agreement") with Norman A. Traub Associates LLC ("Consultant") to provide personnel investigative services for the City in the amount of Thirty Thousand dollars ($30,000). This Agreement was executed under the authority granted to the City Manager by Section
2.13.040(H) of the Irwindale Municipal Code.
On December 11, 2024, the City Council approved Amendment No. 1 to the Agreement, which increased the contract amount from Thirty Thousand dollars ($30,000) to Fifty-Five Thousand dollars ($55,000), due to the expanding number and scope of investigations at that time.
As the need for additional investigative services developed since the last amendment, it is necessary to further amend the Agreement. Proposed Amendment No. 2 will increase the contract amount from Fifty-Five Thousand dollars ($55,000) to Seventy-Five Thousand dollars ($75,000), ensuring sufficient funding to complete the ongoing investigations.
The attached contract agreement amendment has been reviewed and approved as to form by the City Attorney's office.
Fiscal Impact:
Staff is seeking to amend the budget and appropriate $20,000.00 from the General Fund Reserves.
Attachments:
1. Norman A Traub Associates LLC Amendment No. 2(1053996.1)
2. Resolution No. 2025-18-3606(1053995.1)
- 1 -
01005.0004/1053996.1
AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT FOR
INVESTIGATIVE SERVICES
This AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT FOR INVESTIGATIVE SERVICES (“Amendment No. 2”) by and between the CITY OF IRWINDALE, a California Charter city and municipal corporation (“City”) and Norman A. Traub Associates LLC, a California limited liability company (“Consultant”) is effective as of the 26th day of February 2025.
RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated October 8, 2024 (“Agreement”) whereby Consultant agreed to provide personnel investigation services (“Services”).
B. City and Consultant entered into Amendment No. 1 to amend the Agreement effective December 11, 2024, which increased the Contract Sum to a not-to-exceed maximum of Fifty-Five Thousand dollars ($55,000).
C. Consultant requires additional time to comprehensively provide Services.
D. By this Amendment No. 2, City and Consultant now desire to amend the Agreement to increase the Contract Sum to a not-to-exceed maximum of Seventy-Five Thousand dollars ($75,000).
TERMS
1. Contract Changes. The Agreement is amended as provided herein. (deletions shown in strikethrough and additions shown in bold italics).
A. Section 2.1 Contract Sum, is hereby amended to read in its entirety as follows:
For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “B” and incorporated herein by this reference, but not exceeding the maximum contract amount of Seventy-Five Thousand dollars ($75,000) Fifty Five Thousand dollars ($55,000) (“Contract Sum”).
2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party
- 2 -
01005.0004/1053996.1
represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment No. 2, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment No. 2, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.
5. Authority. The persons executing this Amendment No. 2 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
- 3 -
01005.0004/1053996.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the date and year first-above written.
CITY:
CITY OF IRWINDALE, a municipal corporation
Julian A. Miranda, City Manager
ATTEST:
Laura M. Nieto, Chief Deputy City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
CONSULTANT:
Norman A. Traub Associates LLC
By:
Name: Brock Avery
Title: Principal/General Manager
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
01005.0004/1053996.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01005.0004/1053996.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.