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File #: 12702   
Type: Discussion Status: Passed
File created: 8/11/2025 Department: Land Use Services
On agenda: 8/19/2025 Final action: 8/19/2025
Subject: Policy Plan Amendment, Zoning Amendment and Conditional Use Permit for the Overnight Solar Facility Project
Attachments: 1. ADD-ATT-LUS-8-19-2025- Overnight Solar Staff Report, 2. ADD-ATT-LUS-8-19-2025-ATT A- Draft EIR, 3. ADD-ATT-LUS-8-19-2025-ATT B- FINAL EIR, 4. PPT-8-19-2025-Overnight Solar-8-15-25, 5. Item #76 Executed BAI

REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF SAN BERNARDINO COUNTY

AND RECORD OF ACTION

 

                                          August 19, 2025

 

FROM

MIGUEL FIGUEROA, Director, Land Use Services Department

         

SUBJECT                      

Title                     

Policy Plan Amendment, Zoning Amendment and Conditional Use Permit for the Overnight Solar Facility Project

End

 

RECOMMENDATION(S)

Recommendation

1.                     Conduct a public hearing to consider the Overnight Solar Facility project, consisting of a Policy Plan Amendment, Zoning Amendment, and a Conditional Use Permit to construct and operate a utility-scale photovoltaic solar facility, and battery energy storage system on approximately 596 acres of an 822-acre parcel, including a 1.1-mile-long gen-tie line located on an 456-acre parcel, and adopt a declaration of intent to:

a.                     Certify the Final Environmental Impact Report.

b.                     Adopt the California Environmental Quality Act Facts and Findings and Mitigation Monitoring Reporting Program.

c.                     Adopt the findings recommended by the Planning Commission for approval of the Policy Plan Amendment, Zoning Amendment, and Conditional Use Permit.

d.                     Adopt the Policy Plan Amendment to amend the Land Use Category designation from Rural Living to Resource Land Management on an 822-acre parcel.

e.                     Adopt the Zoning Amendment to amend the Land Use Zoning District from Rural Living to Resource Conservation on an 822-acre parcel and a 456-acre parcel.

f.                     Approve a Conditional Use Permit to construct and operate a 150-megawatt photovoltaic solar facility, and 150-megawatt battery energy storage system on approximately 596 acres within an 822-acre parcel and a 1.1-mile-long gen-tie line on a 456-acre parcel to connect the project to the Alpha substation, subject to the Conditions of Approval.

g.                     Direct the Land Use Services Department to file a Notice of Determination in accordance with the California Environmental Quality Act.

                     Applicant: Overnight Solar LLC.

                     Community: Hinkley

                     Location: 41650 Lockhart Ranch Road

2.                     Continue the item for final action with the First Cycle 2025 Policy Plan Land Use Element Amendment.

(Presenter: Miguel Figueroa, Director, 387-4431)

Body

 

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES

Promote the Countywide Vision.

Create, Maintain and Grow Jobs and Economic Value in the County.

Ensure Development of a Well-Planned, Balanced, and Sustainable County.

 

FINANCIAL IMPACT

Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). Sufficient appropriation and revenue to complete this action have been included in the Land Use Services Department, Planning Division 2025-2026 budget. All costs of processing this application are paid by the Applicant.

 

BACKGROUND INFORMATION

This item consists of a request for Overnight Solar Facility (Project) to construct and operate a utility-scale, 150-megawatt (MW) photovoltaic (PV) solar facility, a 150 -MW battery energy storage system (BESS) located on approximately 596 acres of the 822-acre site and a 1.1-mile-long gen-tie line located on a 456-acre parcel to connect the project to the Alpha substation. The gen-tie line would serve as the interconnection allowing the Project’s powerlines to connect to the Alpha Substation. The Alpha Substation is a facility that transforms voltage and connects power generation to the distribution system to ensure efficient delivery to end users. The Project includes the following entitlements:

 

                     Policy Plan Amendment from Rural Living (RL) to Resource Land Management (RLM) on an 822-acre parcel

                     Zoning Amendment from Rural Living (RL) to Resource Conservation (RC) on an 822-acre parcel and on a 456-acre parcel.

                     Conditional Use Permit for the Project

 

In accordance with Development Code Section 84.29.020(b), “Renewable Energy Generation Facilities” are permitted under the Resource Land Management and Resource Conservation (RLM/RC) Land Use Category and Land Use Zoning District with a Conditional Use Permit. A detailed and comprehensive analysis of the Project is included within the Planning Commission Staff Report and attached as a supporting document to this item.

 

The Project has been analyzed with the preparation of an Environmental Impact Report (EIR). The EIR concludes that the Project will not have a significant impact on the environment with the adoption of mitigation measures, which are attached as a supporting document to this item.

 

Currently, there are ongoing negotiations with the California Department of Fish and Wildlife related to Incidental Take Permits for offsite compensatory mitigation for Mojave Desert tortoise, Mohave ground squirrel, and Western Burrowing Owl, as noted in revised Mitigation Measure BIO-5 in the Final EIR. The ratio of offsite compensatory mitigation is required to be finalized prior to any ground disturbance and issuance of any grading permits as permissible deferred mitigation.

 

The County Code requires a recommendation from the San Bernardino County Planning Commission (Planning Commission) for final action by the Board of Supervisors on the Policy Plan Amendment and Zoning Amendment. At the Planning Commission hearing on May 22, 2025, three (3) in-person public comments were made all in favor of the Project. The Planning Commission recommended approval of the Project by unanimous vote of 4-0 (Commissioner Dayal absent). The Planning Commission’s recommendation and proposed findings are included within the Planning Commission Staff Report and attached as a supporting document to this item.

 

This item is a declaration of intent item and if approved will be continued for final adoption as part of the First Cycle 2025 Policy Plan Land Use Element Amendment.

 

PROCUREMENT

Not applicable.

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (Jason Searles, Supervising Deputy County Counsel, 387-5455) on July 2, 2025; and County Finance and Administration (Iliana Rodriguez, Administrative Analyst, 387-4205) on July 31, 2025.