HomeMy WebLinkAboutAGENDA REPORT 2025 0716 CC REG ITEM 08A POWERPOINTZoning Ordinance Amendment
Energy Storage within a Building
City Council Meeting – July 16, 2025
Presented by Areli Perez, Associate Planner II
Background
•July 2023: City adopted Ordinances Nos. 512-515 to implement General Plan 2050
–Energy Storage within a Building (BESS) conditionally permitted within a building in M-1, M-2, I, I-F zone
–Energy Storage defined in MMC 17.08.010
–Building must have roof, enclosure – key for zoning interpretation
•November 2024: Council requests to reassess regulations
•May 2025: Council directed staff to initiate a zoning ordinance amendment
•June 2025: Planning Commission votes to recommend to City Council to adopt an ordinance prohibiting energy storage within a building
BESS Developments
Fire Safety Concerns with BESS
•Recent BESS fires: Moss Landing, Escondido,
Valley Center
•Risks: thermal runaway, toxic gases, reignition
and proximity to urban development
•High resource burden on fire services
•Noted by Ventura County Fire Chiefs Horton
and Occhipinti
AB 205 and California Energy
Commission Oversight (2022)
•California Energy Commission (CEC ) can approve BESS
>200 MWh, overriding local permits
•Projects must comply or meet strict override findings:
– Public convenience and necessity
– Overall net positive economic benefit to local
government + community benefits agreement
– Prevailing wage & safety standards
•CEC lead agency for environmental review
•One BESS project approved to-date under opt-in
process and seven additional under review (three BESS)
Discussion
•May 2025: Council directed staff to initiate a
zoning code amendment
•Decision grounded in consideration of proximity
to residential areas, prioritizing public safety,
reducing fire risk in areas designated high fire
severity zones, concerns with prior energy
storage system incidents and overall safety,
encourage uses that would bring more jobs and
economic development
Discussion
•June 2025: The Planning Commission discussed
fire hazard risks posed by BESS, concerns
regarding land and capacity for BESS facilities,
economic gain versus risk, and long-term
impacts.
Zoning Ordinance Amendment
Table 17.20.060
C-O C-1 C-P-D
C-2
C-OT M-1 M-2 I I-F
E.Public and Semi-Public Uses
8.
Energy
Storage
Within a
Building
—————
CUP
—
CUP
—
CUP
—
CUP
PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES
— = Not permitted
P = Permitted
AP = Administrative Permit
ZC = Permitted by Zoning Clearance
TUP = Permitted by Temporary Use Permit
CUP = Permitted by Conditional Use Permit
General Plan Consistency
•Zoning Ordinance Amendment implements the
following goals and policies:
–Implementation program LU-I9: Zoning Ordinance
Implementation
–Implementation program LU 1.1: Code and
Ordinances
–Policy LU 6.1: Land use compatibility
–Goal LU 16: Industrial Uses
–Policy LU 16.1 Diverse industries and jobs
California Environmental Quality Act
(CEQA) Determination
•Exempt from environmental review pursuant to
Section 15061(b)(3) no potential that the removal
of energy storage within a building from the code
would result in significant impact on the
environment.
Public Outreach
1.Notice of Public Hearing published in the
Ventura County Star on June 26, 2025 for a 1/8-
page notice.
–Meets the requirements of AB 2904 requiring a
20-day public hearing notice
2. Supplemental notification on City website
Staff Recommendation
1.Open the public hearing, accept public
testimony, and close the public hearing; and,
2.Introduce Ordinance: a) make a determination
of exemption pursuant to CEQA; and b)
approving Zoning Ordinance No. CD-ZCA -2025-
0006 for first reading, waive full reading, and
place this Ordinance on the Agenda for the
September 3, 2025 meeting, for the purposes of
providing a second reading and adoption of the
Ordinance.
Thank You