HomeMy WebLinkAbout1031 - Ordinance ORDINANCE NO. 1031
AN ORDINANCE OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING A
MUNICIPAL CODE AMENDMENT TO AMEND
ARTICLES III, V, AND IX OF TITLE 17 OF THE
MUNICIPAL CODE,TO ESTABLISH STANDARDS FOR
THE INSTALLATION AND USE OF BATTERY ENERGY
STORAGE FACILITY USES, AND FINDING AN
EXEMPTION FROM CEQA UNDER SECTION
15061(B)(3) OF THE CEQA GUIDELINES
The City Council of the City of Rancho Cucamonga does ordain as
follows: SECTION 1. Recitals.
A. The City of Rancho Cucamonga (the "City'),. has:�prepared Municipal Code
Amendment, as described in the title of this Ordinance. Hereinafter in this Ordinance,the subject
Municipal Code Amendment is referred to as "the amendment".
B. The City is a municipal corporation, duly organized under the constitution and laws
of the State of California. ;
C. As shown in the Exhibits A, B, C, and D of this Ordinance, the amendment
proposes to amend Articles III, V, and IX of Title 17 of the Municipal Code to establish new
standards for the installation and use of battery energy storage facilities.
D. On the August 28, 2024, the Planning Commission of the City of Rancho
Cucamonga conducted a noticed public hearing with respect to the amendment and, following
the conclusion thereof, adopted Resolution No. 24-30 recommending that the City Council of the
City of Rancho Cucamonga adopt said amendment.
E. On October 2, 2024, the City Council of the City of Rancho Cucamonga
conducted a noticed public hearing on the amendment and concluded said hearing on that date.
F. All legal prerequisites to the adoption of this Ordinance have occurred.
SECTION 2. Findings. Based upon the substantial evidence presented to this
Council during the above-referenced public hearing,this Council hereby finds and concludes that
the changes proposed to Title 17(Development Code) in the amendment are consistent with the
Development Code and the General Plan's goals; policies and implementation programs.
Pursuant to Section 17.22.040(C) of the Municipal Code, amendments to the Municipal Code
"may be approved only when the City Council finds that the amendment[s]are consistent with the
General Plan goals, policies, and implementation programs." The proposed amendment is
consistent with the following General Plan goals and policies:
• Goal RC-5 Local Air Quality. Healthy air quality for all residents.
• Policy RC-5.10 Clean and Green Industry. Prioritize non-polluting industries
and companies using zero or low air pollution technologies.
• Goal RC-6 Climate Change. A resilient community that reduces its contributions to
a changing climate and is prepared for the health and safety risks of climate
change.
Ordinance No. 1031 - Page 1 of 12
• Policy RC-6.2 Renewable Energy. Encourage renewable energy installations and
facilitate green technology and business.
• Goal RC-7 Energy. An energy efficient community that relies primarily on renewable
and non-polluting energy sources.
SECTION 3. CEQA. The proposed amendment is exempt from the requirements of the
California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines pursuant to
CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no
possibility that the proposed amendment, establishing standards for the installation and use of
energy storage facilities, will have a significant effect on the environment. The proposed
amendment is an administrative process of the City that will not result in direct or indirect physical
changes in the environment. The City Council has reviewed the administrative record concerning
the proposed amendment and the proposed CEQA determination, and based on its own
independent judgment, finds that the amendment set forth in this Ordinance is not subject to, or
exempt from, the requirements of the CEQA and the State CEQA Guidelines pursuant to CEQA
Section 21080.17 and CEQA Guidelines Section 15061(b)(3).
SECTION 4. The City Council hereby amends Section 17.22.020(Master Plan)of Chapter
17.22 (City Council Decisions) to Article II (Land Use and Development Procedures) of Title 17
(Development Code) of the Rancho Cucamonga Municipal Code to add the following master plan
requirements as shown in Exhibit A of this Ordinance, attached hereto and incorporated herein
by this reference: master plan requirement.
SECTION 5. The City Council hereby amends Table 17.30.030-1 (Allowed Land Uses
and Permit Requirements by Base Zone) of Chapter 17.30 (Allowed Land Use by Base Zone) to
Article III (Zones, Allowed Uses, and Development Standards) of Title 17(Development Code) of
the Rancho Cucamonga Municipal Code to add the following defined land use and permit
requirements by zone as shown in Exhibit B of this Ordinance, attached hereto and incorporated
herein by this reference: Battery Energy Storage Facility.
SECTION 6. The City Council hereby amends Section 17.32.020.H (Allowed Use
Descriptions) of Chapter 17.32 (Allowed Use Descriptions) to Article III (Zones, Allowed Uses,
and Development Standards) of Title 17 (Development Code) of the Rancho Cucamonga
Municipal Code to add the following defined land use description in alphabetical order as shown
in Exhibit C of this Ordinance, attached hereto and incorporated herein by this reference: Battery
Energy Storage Facility.
SECTION 7. The City Council hereby adds a new Chapter 17.109 entitled"Battery Energy
Storage Facilities"to Article V(Specific Use Requirements) of Title 17 (Development Code) of the
Rancho Cucamonga Municipal Code to read as shown in Exhibit D of this Ordinance, attached
hereto and incorporated herein by this reference.
SECTION 8. The City Council hereby amends Section 17.140.020(Universal Definitions)
of Chapter 17.140 (Universal Definitions) of Article IX (Glossary) of Title 17 (Development Code)
to add the following defined terms in alphabetical order to read as shown in Exhibit E of this
Ordinance, attached hereto and incorporated herein by this reference: battery; battery
management system; and battery energy storage system.
SECTION 9. Severability. The City Council declares that, should any section, subsection,
subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be
invalid or unconstitutional by the decision of any court of competent jurisdiction, such
Ordinance No. 1031 - Page 2 of 12
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.
SECTION 10. Enforcement. Neither the adoption of this Ordinance nor the repeal of
any other Ordinance of this City shall in any manner affect the prosecution for violations of
ordinances, which violations were 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 11. Publication. The City Clerk shall certify to the adoption of this Ordinance
and shall cause it to be published in the manner required by law.
Ordinance No. 1031 - Page 3 of 12
PASSED, APPROVED,AND ADOPTED this 15th day of October, 2024.
L. Dennis Michael, Ma or
ATTEST:
60ice C. Reynolds, C rk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, JANICE C. REYNOLDS, City Clerk of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the
City Council of the City of Rancho Cucamonga held on the 2"d day of October 2024, and
was passed at an Adjourned Regular Meeting of the City Council of the City of Rancho Cucamonga
held on the 15th day of October 2024.
AYES: Hutchison, Kennedy, Michael, Scott, Stickler
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 161h day of October 2024, at Rancho Cucamonga, California.
'QQ'W 1, e. d2w',�—
J ice C. Reynolds, berW
Ordinance No. 1031 - Page 4 of 12
EXHIBIT A
Amendments to Title 17,Article II (Land Use and Development Procedures), Chapter
17.22(City Council Decisions)
Section to which requirements shall be added:
• Section 17.22.020(Master Plan)
The following requirements shall be added to Section 17.22.020.0 (Master Plan
Requirements) as new subsection 4
Pursuant to section 17.14.060 and other provisions of this title, a master plan is required for Battery
Energy Storage Facilities on sites 10 acres or greater in size.
The purpose of the master plan for such facilities is to ensure that the development does not
impose significant burdens on city services and nearby properties, as well as to ensure that the
development has adequate public services and infrastructure to accommodate the expected
use. In addition, the master planning process is expected to ensure that the proposed battery
energy storage facility provides community benefits that may not otherwise be provided through
strict application of the provisions of this title.
Ordinance No. 1031 - Page 5 of 12
EXHIBIT B
Amendments to Title 17,Article III (Zones,Allowed Uses, and Development Standards),
Chapter 17.30 (Allowed Land Use by Base Zone)
Table to which land use shall be added:
• Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zoriey"'
The following land use shall be added to Table 17.30.030-1 under the subheading of
"Industrial, Manufacturing and Processing Uses" in alphabetical order to be conditionally
permitted (C) in the Neo Industrial (NI) and Industrial Employment (IE) zones and not
permitted (N) in all other zones:
Battery Energy Storage Facility
Ordinance No. 1031 - Page 6 of 12
1
EXHIBIT C
Amendments to Title 17,Article III (Zones,Allowed Uses, and Development Standards),
Chapter 17.32 (Allowed Use Descriptions)
Section to which land use shall be added:
• Section 17.32.020.H(Allowed Use Descriptions)
The following definition shall be added to Section 17.32.020.H (Allowed Use Descriptions)
in alphabetical order:
Battery Energy Storage Facility. Utility-scale stationary batteries that are connected to
distribution/transmission networks or substations. Utility-scale facilities are intended primarily to
interact with the electric grid and are not intended to serve a specific end user. Utility- scale
facilities increase flexibility in power systems, provide grid reliability support and enable an optimal
use of variable electricity sources like photovoltaic and wind.
Ordinance No. 1031 - Page 7 of 12
EXHIBIT D
Amendments to Title 17,Article V(Specific Use Requirements)
Added Chapter:
• Chapter 17.109(Battery Energy Storage Facilities)
Chapter 17.109 (Battery Energy Storage Facilities)
Chapter 17.109 BATTERY ENERGY STORAGE FACILITIES
17.109.010 Purpose and intent.
17.109.020 Applicability.
17.109.030 Development standards.
17.109.040 Emergency operations plan.
17.109.050 Decommissioning plan.
17.109.060 Change of ownership.
17.109.070 Abandonment.
17.109.010 Purpose and intent.
The purpose of this chapter is to establish standards for the installation and use of battery energy
storage facilities. The standards set forth 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
battery energy storage facilities and to mitigate the impacts of battery energy storage facilities on
the environment.
17.109.020 Applicability.
The requirements of this chapter shall apply to all utility-scale battery energy storage facilities
permitted, installed, or modified after the effective date of this chapter, excluding general
maintenance and repair. Utility-scale battery energy storage facilities constructed or installed prior
to the effective date of this chapter 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 battery energy storage system designed discharge duration or power rating
shall be subject to this chapter. All proposed battery energy storage facility sites within existing
properties owned by the Southern California Edison Company and the Rancho Cucamonga
Municipal Utility shall be exempt from the requirements of this chapter.
17.109.030 Development standards.
A. Location Requirements. Siting battery energy storage facilities shall comply with the following
locations:
1. Neo-Industrial (NI) or Industrial Employment(IE)Zones with the issuance of a Conditional
Use Permit as shown in Table 17.30.030-1.
Ordinance No. 1031 - Page 8 of 12
2. Maximum 1 mile from the connecting utility as measured from the nearest point of each
parcel boundary.
3. Minimum 1,000 feet from residentially zoned properties as measured from the nearest
point of each parcel boundary.
B. Maximum Lot Size. Ten acres net. Sites ten acres or greater will require a Master Plan application
subject to the approval of City Council as outlined in Section 17.22.020(Master Plan).
C. Setbacks. Battery energy storage facilities shall maintain at least a 10-foot setback from all
property lot lines.
D. Screening.
1. The site for a battery energy storage facility shall be fully enclosed by a minimum six-foot,
non-scalable solid wall. The walls shall consist of either decorative concrete masonry
block or decorative concrete tilt-up walls.
2. Landscaping is required along the outer edge of the solid wall. See chapter 17.56
(Landscaping Standards)for landscaping standards.
E. Hardscape. All driveways and pathways between battery energy storage system structures,
and any other associated pad-mounted structures, shall contain pervious pavement or similar
material (e.g., gravel).
F. Lighting. Onsite lighting shall be limited to the minimally required amount for safety and
operational purposes. See chapter 17.58(Outdoor Lighting Standards)for lighting standards.
G. Parking and Access. Parking and access for battery energy storage facilities shall be provided
as follows:
1. Battery energy storage facilities shall provide a minimum of one parking space for
maintenance vehicles.
2. The site for a battery energy storage facility shall provide access for a maintenance
vehicle. The access shall comply with the dimensional standards in chapter 17.64(Parking
and Loading Standards).
3. The driveway entrance shall have a locking gate. The gate shall be tubular steel wrought
iron and shall be backed by perforated metal sheeting painted to match the gate.
H. Noise.
1. Battery energy storage facilities are subject to the noise standards as outlined in Section
17.66.050 (Noise Standards). Applicants shall submit equipment and component
manufacturer's noise ratings to demonstrate compliance.
2. At the discretion of the planning director, a separate noise study may be required.
I. Signage.
Ordinance No. 1031 - Page 9 of 12
1. All signage shall be in compliance with the American National Standards Institute (ANSI)
Z535 and include the type of technology associated with the battery energy storage
systems, any special hazards associated, the type of suppression system installed in the
area of battery energy storage systems, and 24-hour emergency contact information.
2. As required by the National Electric Code(NEC), disconnect and other emergency shutoff
information shall be clearly displayed on a light reflective surface. A clearly visible warning
sign concerning voltage shall be placed at the base of all pad-mounted transformers and
substations.
J. Building and Construction codes. Battery energy storage facilities shall comply with all
applicable standards of the Building and Construction Regulations of the City of Rancho
Cucamonga and the adopted Fire Code. See title 15 (Buildings and Construction).
K. Utility Undergrounding. Utilities shall be undergrounded unless prohibited by Southern
California Edison or the Rancho Cucamonga Municipal Utility. Such prohibition of
undergrounding utilities shall be provided in writing to the planning director.
17.109.040 Emergency operations plan.
All applications shall include an emergency operations plan. A copy of the approved emergency
operations plan shall be given to the system owner,the fire marshal, and the Rancho Cucamonga
Fire District. A permanent copy shall also be placed in an approved location to be accessible to
facility personnel,fire officials, and emergency responders. The emergency operations plan shall
include the following information:
A. 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.
B. Procedures for inspection and testing of associated alarms, interlocks, and controls.
C. Procedures to be followed in response to notifications from the battery 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 emergency personnel for potentially hazardous conditions in the event of a system failure.
D. Emergency procedures to be followed in case of fire, explosions, release of liquids or vapors,
damage to critical moving parts, or other potentially dangerous conditions. Procedures may
include sounding the alarm, notifying the fire district, evacuating personnel, de-energizing
equipment, and controlling and extinguishing the fire.
E. Procedures for dealing with battery energy storage facility 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.
F. Other procedures as determined necessary by city officials to provide for the safety of
neighboring properties and emergency responders.
G. 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.
Ordinance No. 1031 - Page 10 of 12
17.109.050 Decommissioning plan.
All applications shall include a decommissioning plan. The decommissioning plan shall include
the following:
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
facility 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 facility.
D. The estimated decommissioning costs and how the estimate was determined.
E. The method of ensuring that funds will be available for decommissioning and restoration.
F. The manner in which the site will be restored, including a description of how any changes to
the surrounding areas and other systems adjacent to the battery energy storage facility, such
as structural elements, means of egress, and required fire detection suppression systems, will
be protected during decommissioning and confirmed as being acceptable after the facility is
removed.
G. A listing of any contingencies for removing an intact operational battery energy storage system
unit(s) from service, and for removing a battery energy storage system(s) unit from service
that has been damaged by a fire or other event.
H. The owner and/or operator of the battery energy storage facility shall implement the
decommissioning plan upon abandonment and/or in conjunction with removal of the facility.
I. The owner and/or operator of the battery energy storage facility shall continuously maintain a
fund payable to the city, in a form and amount approved by the city for the removal of the
battery energy storage facility, for the period of the life of the facility. All costs shall be borne
by the applicant.
17.109.060 Change of ownership or operator.
A new owner or operator of a battery energy storage facility shall notify the planning department
of such change in ownership or operator within 30 days of the ownership or operator change.
17.109.070 Abandonment.
The battery energy storage facility shall be considered abandoned when it ceases to operate for
more than one year. If the owner and/or operator fails to comply with the decommissioning plan
under section 17.109.050 upon abandonment, the city may, at its discretion, enter the property
and utilize the available bond and/or security for the removal of a battery energy storage facility
and restoration of the site in accordance with the decommissioning plan.
Ordinance No. 1031 - Page 11 of 12
EXHIBIT E
Amendments to Title 17,Article IX(Glossary),Chapter 17.140(Universal Definitions)
Sections to which definitions shall be added:
• Section 17.140.020(Universal Definitions)
The following definitions shall be added to Section 17.140.020 (Universal Definitions) in
alphabetical order:
"Battery" means a single cell, stack, core building block, or a group of cells connected electrically
in series, in parallel, or a combination of both, which can charge, discharge, and store energy
electrochemically. Batteries utilized in consumer products are excluded from these requirements.
"Battery management system" means an electronic system that prevents storage batteries from
operating outside their safe operating parameters and disconnects electrical power to the battery
energy storage system or places it in a safe condition if potentially hazardous temperatures or
other conditions are detected. The battery management system generates an alarm and trouble
signal for abnormal conditions.
"Battery energy storage system" means 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.
Ordinance No. 1031 - Page 12 of 12