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Home My WebLink AboutAGENDA REPORT 2024 0918 CCSA REG ITEM 08ACITY OF MOORPARK, CALIFORNIA City Council Meeting of September 18, 2024 ACTION REJECTED ADOPTION OF RESOLUTION. (ROLL CALL VOTE: 4-0, COUNCILMEMBER GROFF ABSENT) BY A. Hurtado. A. Consider Adoption of a Resolution Approving a Zoning Ordinance Amendment Pre-Screening Application and Authorizing the Submittal of a Request to Amend Chapter 17.20.060.E.8 (Energy storage within a building) of the Moorpark Municipal Code on the Application of Hecate Grid, LLC. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2024-____ authorizing the Community Development Director to accept an application to amend Chapter 17.20.060.E.8 (Energy storage within a building) of the Moorpark Municipal Code. (Staff: Doug Spondello, Community Development Director) (ROLL CALL VOTE REQUIRED) Item: 8.A. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Doug Spondello, Community Development Director BY: Philip Neumann, Associate Planner I DATE: 09/18/2024 Regular Meeting SUBJECT: Consider Adoption of a Resolution Approving a Zoning Ordinance Amendment Pre-Screening Application and Authorizing the Submittal of a Request to Amend Chapter 17.20.060.E.8 (Energy storage within a building) of the Moorpark Municipal Code on the Application of Hecate Grid, LLC BACKGROUND On February 15, 2013, the City and A-B Properties entered into a Development Agreement (“DA”) for the future development of Tract 5906, located approximately 1,400 feet west of the Gabbert Road rail crossing and north of the Southern California Edison equipment staging yard. Though a specific development project was not approved at that time, the City Council adopted Resolution No. 2013-3182 on May 15, 2013, approving Tentative Tract Map No. 5906 to subdivide 17 lots on 34.7 acres of property for future industrial development (Figure 1). On May 5, 2021, the City Council adopted Resolution No. 2021-4005, approving the Final Map for Tract No. 5906. Figure 1 – Tract No. 5906 Item: 8.A. 1 Honorable City Council 09/18/2024 Regular Meeting Page 2 The Ownership of the property and the obligations of the DA have since transferred from A-B Properties to Hecate Grid, LLC (“Hecate”). On March 19, 2024, Hecate, submitted applications for a Conditional Use Permit, Tentative Parcel Map, and DA Amendment for the proposed development of a 600- megawatt battery energy storage system located outside of a building on the majority of the property and to modify provisions of the DA to accommodate the new proposal. The plans have since been deemed incomplete and require additional revisions before the project can move forward. At this time, the battery storage facilities are proposed to be screened by a wall and landscaping. On June 10, 2024, Hecate Grid, LLC, submitted notice of their intention to seek a zoning ordinance amendment to Chapter 17.20.060.E.8 (Attachment 1), which is the subject of this pre-screening request. ANALYSIS On July 19, 2023, the City Council adopted Ordinance No. 515, approving Zoning Ordinance Amendment No. 2023-01 for the City of Moorpark Zoning Code. Within Ordinance No. 515, Chapter 17.20.060.E.8 added “energy storage within a building” as a permitted use with an approved Conditional Use Permit within the M-1, M-2, I, and I-F zones. During the Council’s deliberation regarding the screening requirements, it was discussed that future developers could present requests to provide alternative screening with a Development Agreement. Despite those discussions however, specific enabling language would be required in the Zoning Code to enable potential flexibility to the screening requirements with a Development Agreement. This language was not included in the adopted code update. As a result, a Zoning Ordinance Amendment would be required to provide the option for the Council to consider alternative screening with a Development Agreement. Section 17.44.050 of the Moorpark Municipal Code requires a pre-screening application for a zoning amendment to be submitted and approved by the City Council before the submittal of a formal application. Hecate has proposed an amendment to 17.20.060.E.8 to allow alternative screening through a Development Agreement. Specifically, Hecate has requested to add the following language as a footnote to the use category of “energy storage within a building” to read as follows: “Notwithstanding the description of energy storage within a building in Table 17.20.060E.8, enhanced screening requirements may be approved as an alternative to placement of energy storage within a building pursuant to a Development Agreement approved in accordance with Chapter 15.40 of the City Municipal Code.” The Zoning Code Amendment language proposed by Hecate would apply Citywide to all properties within the Industrial Park (M-1), Limited Industrial (M-2), and Industrial Flex (I-F) zoning districts. Such a change is not specific to the Hecate property or project. Providing this option would not bind the City to approve any individual application. If the application to submit a Zoning Ordinance Amendment is authorized and approved by the City Council, the Council would retain full discretion over whether a proposed battery energy storage use would be appropriate based on the proposed 2 Honorable City Council 09/18/2024 Regular Meeting Page 3 screening methods, adjacent community, and all other factors that they deemed fit to consider consistent with the terms and conditions set forth in a Development Agreement. If the draft resolution authorizing the Zoning Ordinance Amendment is approved, staff will prepare the necessary amendment to the Zoning Code and schedule a public hearing for review and recommendation by the Planning Commission. The Planning Commission’s recommendation and the proposed amendment would be considered by the City Council for decision at a future public hearing. Prior to publication of the agenda packet staff received one public comment letter (Attachment 3). ENVIRONMENTAL DETERMINATION This pre-screening request would authorize staff to accept an application for an amendment to the Zoning Code. This pre-screening is considered administrative policymaking and is not subject to environmental review, pursuant to Section 15378(b)(2) of the California Environmental Quality Act (CEQA). FISCAL IMPACT There are no direct fiscal impacts associated with the request. COUNCIL GOAL COMPLIANCE This action does not support a current strategic objective. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Open the public hearing, accept public testimony, and close the public hearing; and 2. Adopt Resolution No. 2024-_____ authorizing the Community Development Director to accept an application to amend Chapter 17.20.060.E.8 (Energy storage within a building) of the Moorpark Municipal Code. Attachment 1: Letter – Request for Pre-Screening of Zoning Ordinance Amendment Attachment 2: Draft Resolution No. 2024-____ Attachment 3: Public Comment Letter 3 Hecate Grid LLC 600 W Fulton Street, Suite 510 Chicago, IL 60661 August 29, 2024 Planning Division City of Moorpark 799 Moorpark Avenue Moorpark, California 83021 RE: Gwent Battery Energy Storage Project; Request for Pre-Screening of Zoning Ordinance Amendment Dear City of Moorpark: Hecate Grid LLC has filed applications for a Conditional Use Permit, Development Agreement, Zone Text Amendment, and Tentative Parcel Map for the proposed Gwent Battery Energy Storage Project on approximately 19 acres within the City of Moorpark. As you are aware, energy storage systems provide grid stability to prevent black-outs and brown-outs during periods of high energy demand and allow for sources of renewable energy to be integrated into the electric grid. Pursuant to section 17. 44.050 of the Municipal Code, the purpose of this letter is to request that the City Council initiate proceedings to consider amendments to Section 17.20.060.E.8 of the Zoning Ordinance to authorize enhanced screening alternatives to building enclosure for energy storage projects pursuant to a development agreement. The Moorpark Municipal Code Chapter 17.20.060.E.8 provides for “energy storage within a building” as a permitted use with a Conditional Use Permit within the M-1, M-2, I, and I-F zones. After working with City staff regarding alternative methods for screening, it became clear that specific enabling language would be required in the Zoning Code to enable potential flexibility to the screening requirements. We believe that such flexibility could be best implemented on a case- by-case basis in the context of a development agreement. As you are aware, development agreements are discretionary with the Council. Accordingly, we request that the Council initiate proceeding to add the following footnote to the use category “energy storage within a building”: “Notwithstanding the description of energy storage within a building in Table 17.20.060E.8, enhanced screening requirements may be approved as an alternative to placement of energy storage within a building pursuant to a Development Agreement approved in accordance with Chapter 15.40 of the City Municipal Code.” ATTACHMENT 1 4 Hecate Grid LLC 600 W Fulton Street, Suite 510 Chicago, IL 60661 Thank you for your consideration of this request. We look forward to working with the city to develop this important energy storage project and to assist the city and the State of California with its greenhouse gas emissions reductions and grid stability goals. Sincerely, James Damon Senior Director, Development Hecate Grid 5 RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT PRE-SCREENING APPLICATION AND AUTHORIZING THE SUBMITTAL OF A REQUEST TO AMEND CHAPTER 17.20.060.E.8 (ENERGY STORAGE WITHIN A BUILDING) OF THE MOORPARK MUNICIPAL CODE ON THE APPLICATION OF HECATE GRID, LLC WHEREAS, Section 17.44.050 of the Moorpark Municipal Code provides that the City Council may initiate proceedings to consider amendments to the Zoning Ordinance as pre-screening applications by the adoption of a resolution of intent; and WHEREAS, on June 10, 2024, Hecate Grid, LLC submitted notice of their intention to seek a zoning ordinance amendment to Chapter 17.20.060.E.8, requiring consideration of a pre-screening application by City Council; and WHEREAS, at a duly noticed public hearing on September 18, 2024, the City Council considered the pre-screening application and submittal of a request to amend Chapter 17.20.060.E.8 (Energy storage within a building), and public testimony related thereto; and WHEREAS, the City Council wishes to initiate proceedings to consider amendments to Chapter 17.20.060.E.8 (Energy storage within a building) of the Municipal Code in order to consider alternate means of screening energy storage through a development agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The City Council concurs with the determination that the action on a Zoning Ordinance Amendment Pre-Screening application is not a project subject to the California Environmental Quality Act (CEQA), pursuant to Section 15378(b)(2) of CEQA. SECTION 2. INITIATION OF PROCEEDINGS: The City Council hereby authorizes the Community Development Director to accept and process an application for a Zoning Ordinance Amendment that would amend Chapter 17.20.060.E.8 (Energy storage within a building) of the Moorpark Municipal Code in order to consider alternate means of screening energy storage through a development agreement. SECTION 3. APPROVAL TIMELINE: Pursuant to Chapter 17.44.050.C.5, approval of a zoning code pre-screening application is valid for two years from the date of approval, by which an application must be filed and deemed complete. ATTACHMENT 2 6 Resolution No. 2024-___ Page 2 SECTION 4. CITY CLERK CERTIFICATION AND FILING: The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 18th day of September, 2024. ________________________________ Chris R. Enegren, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk 7 From: To: Subject: Date: Hi, Jerome Scherbenski Pla nning Ordinance Change Monday, September 9, 2024 1:S 6 :47 PM ATTACHMENT 3 What is the iss ue regarding the ordinance change? Li thium battery storage containers are a good idea, b ut they are high heat producing, extremely fl ammable and need to be located in an open area close to next to or i n SCE 's switchyard . Is t h is the proposed area? Who will rece ive the power during a po wer outage? A strong suggestion would be a minimu m 10ft high ba r rier wall wit h at least a 1000ft w ide area around w ith no vegetation . My 2 cents Jerome M . Scherbenski 8