Title
Receive a preliminary response to Referral Number 2025.15 (Church) regarding adoption of an urgency ordinance placing a moratorium on new Battery Energy Storage Systems (BESS) in the unincorporated areas of Monterey County while new policies and regulations for BESS are developed.
Body
RECOMMENDATION:
It is recommended that the Board of Supervisors receive a report and provide direction to staff to prepare an interim ordinance (4/5ths vote required to adopt an interim ordinance) and proceed with development of new regulations for BESS in the unincorporated areas of Monterey County.
SUMMARY:
On October 22, 2025, Supervisor Church introduced a referral (Referral No. 2025.15) requesting adoption of an urgency ordinance placing a moratorium on Battery Energy Storage System (BESS) facilities in the unincorporated areas while the County develops policies for oversight, permitting and operations of BESS facilities. Housing and Community Development (HCD) and the Office of County Counsel have been assigned lead roles in responding to this referral. This report provides a preliminary response to the referral pursuant to the Board Policy Manual regarding the referral process.
For the purposes of estimating costs, efforts, challenges, and timing on this referral there are two distinct but required and related efforts that HCD and the Office of the County Counsel would undertake: the preparation and adoption of an interim ordinance, and the development of new rules during the time the interim ordinance is effective.
DISCUSSION:
Interim Ordinance
California Government Code section 65858 allows local jurisdictions to adopt, without following the procedures otherwise required for adoption of a zoning ordinance (as an urgency measure), and to protect the public safety health and welfare, an interim ordinance prohibiting any use(s) that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the local government intends to study wi...
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