Approval of Intrusive Solar Project Leaves Phelan Residents to Focus on Failed Governance

Posted on the 20 April 2014 by Jim Winburn @civicbeebuzz

PHELAN – Despite homeowners’ objections to a proposed solar farm in their immediate community, the San Bernardino County Planning Commission granted a conditional use permit to SunEdison for its White Road solar project at Thursday’s meeting.

Some in the desert community look at the commission’s decision to approve a 50-acre solar facility smack dab in a residential area as a defeat – while others view it as a temporary setback, fueling a smoldering disappointment that promises dire political consequences for public officials who snubbed the cries of their constituents.

“It’s my recommendation that we don’t just take it to the board of supervisors – but that we have to do a recall,” Teri Morelli, vice president of the White Road Property Owners Association, told the Civic Bee in a voicemail. “If we don’t, then the school district and the politicians that just ran us over as residents will in fact win again. They will do this again.”

With the approval of the project’s conditional use permit, the partnership between SunEdison and the Snowline Joint Unified School District moves forward with the construction of a 5.8 megawatt photovoltaic solar farm.

The school district brokered a 20-year lease with SunEdison to build a solar farm on 50 acres originally planned for a new high school. Now the district stands to reap a four percent return on the solar company’s annual gross energy sales from the solar facility.

Some members of the community remain skeptical that school district officials really have the interests of students in mind by allowing a utility-scale solar facility to setup shop next to residential homes.

“That is a big part of this deal because the school district is seeing this as a school district project, and that kids need this funding,” Socorro Cisneros, president of the White Road POA, told the Bee by phone. “That may be so, but when I pushed the superintendent (Luke Ontiveros) on what exactly would the funds provide to the schools, or how much is this going to generate, he was relunctate and didn’t give me an answer.”

Cisneros said that ultimately the school district will decide how and when the money is going to be spent – which does not elicit much confidence from the community.

“They’re running the school on the funding that the feds and state give them, and yet they’re running the district like a business profiting,” Cisneros said. “But that money is not going back to the schools. They could be pocketing the money for all we know. But really, we don’t know. Because they haven’t told us how this is going to help the schools. Tell me that you’re going to hire literacy coaches, or we’re going to hire academics – something, right?”

Regardless of where the money goes, public officials will be made to hear from their constituents after pushing this project through and disregarding the concerns of residents, Morelli said.

“The superintendent and the politicians that are up for re-election here pretty soon – that we are expected to vote for, or who want our vote, after having done this to us – this is a hell of a way to conjure up votes,” Morelli said. “I don’t think they’re going to get it.”

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AT THURSDAY’S MEETING

According to the reported actions from the Apr. 17 meeting, the San Bernardino County Planning Commission voted 3-1 to grant SunEdison White Road a conditional use permit to establish a 5.8 megawatt solar photovoltaic electricity generation facility on nearly 50 acres west of White Road and north of Muscatel Street in Phelan.

Third Supervisorial District Commissioner Paul Smith cast the dissenting vote, and the 4th District’s commissioner, Vice Chair Elizabeth Rider, did not show to the meeting.

Cisneros said due to the concerns raised by her group at the meeting, the Planning Commission imposed two conditions on the approval of SunEdison’s conditional use permit.

“One, that they put in that road on the west side to prevent those two residents from being land in,” she said. “And two, that they do another CEQA (California Environmental Quality Act) report that deals with the environmental impact.”

The solar developer agreed to maintain Neilson Road and Pueblo Trail for residents who, for the last 21 years, have depended on this route for the “only access that emergency vehicles have to residents who live on the other side,” according to Cisneros.

“SunEdison did say they were goint to put in a 26-foot road over on the west side to provide emergency vehicle access to those residents,” she said. “Our question now is, what happens when SunEdison is gone? Will the county then maintain that road?”

The other condition for the permit addresses health concerns having to do with carbon emissions that are unearthed from the removal of soil and foliage from on-site construction. The Planning Commission acknowledged the issue, citing the work of Dr. Michael Allen, director of the Center for Conservation Biology for the University of California, Riverside.

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PRECEDENT FOR MORE PROJECTS

Residents are also concerned that the approval of the White Road solar project will set a precedent for many more renewable projects to follow in their area.

Already approved (or waiting approval) are the following projects listed (as of Mar. 20) for Phelan, according to the County of San Bernardino Land Use Services Planning Division:

– SunEdison White Road at the west side of White Road, extending between Nelson Road and Muscatel Road; 48 acres; 5.8 megawatts: Though listed as under review, it was approved Apr. 17.

– SunEdison Duncan Road at the northwest corner of Duncan Road and Greystone Road, 26 acres, 3.2 megawatts: Conditionally approved by the Planning Commission.

– SunEdison Pinon Hills at the east side of Chrystalaire Road, extending between Solano Road and Mono Road; 20 acres; 1.3 megawatts: Under review as of Mar. 20.

– Victor Dry Solar Farm bounded by Dos Palmas Road, White Road, Trinidad Road, and Maricopa Road; 40 acres; 10 megawatts: Conditionally approved, but no permits issued as of Mar. 20.

– Victor Dry Farm B at east side of White Road, and both sides of Dos Palmas Road; 50 acres; 5 megawatts: Submittal under review as of Mar. 20.

View a complete solar project list for the county at sbcounty.gov/…/SolarProjectList032014.pdf.

Cisneros pointed out that many other private properties ripe for development exist within her residential area.

“It’s encroaching,” she said. “Other property owners may say, ‘Well, wait a minute, I can do the same and make a profit from solar investing; I’m going to go ahead and do that.’ We are surrounded by people who own property whose lots are empty, and before you know it, we will be surrounded by these things.”

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TO APPEAL THE DECISION

Opponents of the Planning Commission’s decision must file an appeal within 10 days to contest the matter before the San Bernardino County Board of Supervisors.

“The project is a done deal already unless someone files an appeal to be heard in front of the Board of Supervisors,” an anonymous advisory source told the Bee, warning those interested to never wait on the county to contact you or inform you about anything involving a land use issue requiring action in your community. Instead, be proactive, be persistent, and follow through with the county until you get the answers you require.

According to the 2013-2014 Schedule for the Clerk of the Board of Supervisors, the Clerk does not charge a fee for filing a Planning Commission Decision Appeal. However, the Planning Department Land Use Division does charge a fee of $1,192 when someone other than the applicant appeals a Planning decision to the Board of Supervisors. More information, along with the appeal form is available at cms.sbcounty.gov/…/PlanningApplications/Appeal.pdf.

Residents seeking to challenge the Planning Commission’s Apr. 17 decision are encouraged to contact the Clerk of the Board at 909-387-3841 or visit sbcounty.gov/COB/Main for more information.

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OPPORTUNITY TO OPINE

“It is vital that elected officials hear from the people we represent,” 1st District Supervisor Robert Lovingood stated in his latest newsletter. “We’ve been meeting across the High Desert with residents to hear about their concerns and issues.”

And now Lovingood is coming to Phelan on Tuesday, May 13, to catch up on any concerns that residents may have. In fact, Lovingood’s community meeting will also include Rep. Paul Cook, R- Apple Valley, who will help the supervisor “field questions and discuss issues with the public,” according to the newsletter, which can viewed online at govdelivery.com/accounts/CASANBE/bulletins.

The meeting will be held from 5 to 7 p.m. Tuesday, May 13 at the Phelan Pizza Factory, 3963 Phelan Road in Phelan. Residents need to reserve a spot, so don’t delay – contact your supervisor today – at 760-995-8100 or via email at SupervisorLovingood@SBCounty.gov.