Heads-up: Solar Field Scoping Meeting to Be Held, Thursday, March 21
Utility-scale solar farm slated to be developed between Sugar Bowl and Harmony Acres in Twentynine Palms
Put this one in your calendar with a big star next to it: the scoping meeting for the 184-acre solar farm planned for Twentynine Palms is being held at Patriotic Hall in Luckie Park on Thursday, March 21, at 5 pm. We covered the initial staff report about the project in May 2023. When it came before the City Council at the time, several Councilmembers had strong reservations about the project. What are their thoughts now? How will this project play out now that the City is between City Managers?
In addition to the scoping meeting, the public is invited to submit public comment—the deadline is March 29. Comments should be mailed Community Development Director Keith Gardner at City Hall, 6136 Adobe Rd., Twentynine Palms, CA 92277 or emailed to him at kgardner@29palms.org. Details can be viewed on the City website.
Here is our past coverage for background. We’ll have more new information for you in the coming weeks.
CITY COUNCIL MAY 23, 2023, AGENDA PREVIEW
by Natalie Zuk
#11. Potential Commercial Solar Field
Per the Staff Report, “City staff has been in discussions with E-Group PS LLC, as represented by K&L Gates, for the placement of a potential commercial solar farm to be located on approximately 175 acres located on all or part of Assessor's Parcel Numbers 0612-201-05 and 0612-201-01.”
The two parcels in contention are immediately west of the Harmony Acres neighborhood. Both adjacent parcels are zoned as RL5 Single Family Residential.
“Currently, the City's Development Code does not allow for commercial solar farms. However, recent State legislation (AB 205) essentially dictates that if a local jurisdiction does not permit a solar farm, then the State would assume jurisdiction, while the City would not receive any consideration at all. If the City processes the application, then the City would be in a position to receive public benefit and have control over conditions of the project.”
A May 17th letter from an international law firm representing the E-Group PS LLC states, “E-Group is seeking to partner with the City to develop a 54 MW commercial-scale solar project on 175 acres that would provide clean, renewable energy while providing local jobs and significant community benefits to the City. E-Group is aware of the City’s moratorium and that the City may have concerns regarding solar projects but is confident that, if given the opportunity, we can address any aesthetic, environmental, and other concerns during project development and the permitting process, with a significant monetary investment from E-Group in a public benefits package to the City.”
The letter continues, “In the event that the City elects to maintain its current moratorium and not work with E- Group, E-Group will pursue approvals through the permitting process recently established through Assembly Bill 205, which is intended to facilitate the approval of renewable energy projects by the State without any local approval. If approved by the State, the City will have far less control over project design and conditions of approval and would receive substantially less in public benefits. While this is not E-Group’s preferred outcome, it is willing to vigorously pursue this route if needed.”
E Group PS LLC is an out-of-state Delaware based limited liability corporation with two Temecula based principals- Tomas Oresansky and Martin Melicharek, along with agent Peter Bobro, who lease the Single Family Residential zoned parcels from Las Vegas based Proactive Properties LLC. A principal of Proactive Properties is “Barrett & Mulopulos.”
In 2012, the City of Twentynine Palms enacted a strict ban on commercial-based solar fields, essentially prohibiting their development within both City boundaries and its unincorporated sphere of influence. The prohibition of commercial solar fields in Twentynine Palms was covered in a 2012 KCET article written by local Morongo Basin journalist Chris Clarke.
“The [Planning] Commission concludes that it cannot be demonstrated that allowing the development of Commercial Solar Fields shall provide a direct, tangible benefit to the community through the provision of improved community infrastructure, increased personal, sales, or property taxes, or provide reasonable and sustainable, long term employment to residents or visitors to our community, and whereas Commercial Solar Fields can be shown to have direct, adverse impacts to the aesthetic quality of the desert vistas the community now enjoys, deleterious effects to the tourist industry that the community depends on, potential adverse impacts to property values for the properties adjoining or surrounding such facilities, potential decreases in the quality of life for those individuals that reside with properties adjacent to or surrounding such facilities, and potential serious impacts to the biologic, cultural and social resources of our community.” 1
Since 2019, Commercial solar projects are banned in rural unincorporated portions of San Bernardino County as well, per San Bernardino County Supervisor ordinance. The environmentally friendly alternative to commercial solar fields is rooftop solar, which is popular among some Morongo Basin residents and, according to a federally funded 2016 study conducted by National Renewable Energy Laboratory has the potential to meet over 74% of California’s energy needs.
CITY COUNCIL MEETING, MAY 23, 2023, RECAP
By Jonathan Hume, Natalie Zuk, and Cindy Bernard
#11. Potential Commercial Solar Field
Peter Bobro and Robert M. Smith from solar development firm E-Group PS LLC presented a proposal for a 50MW, 175-acre utility-scale solar farm covering the northern portion of two parcels totaling 467 acres, just west of the Harmony Acres neighborhood.
Per Community Development Director Keith Gardner, “Currently, our General Plan and our Zoning Development Code do not allow commercial solar fields. But with recent changes in state law, the state reserves the right to take jurisdiction over these types of applications. So staff has taken the position that if they want to come to the City, we'd like to negotiate some community benefits — as opposed to them going directly to the state and essentially leaving the City out of the process.” While AB 205 also contains provisions for local review and community benefit for projects to move forward, Gardner is playing the hand he’s been dealt.
The project is proposed by E Group PS LLC, an out-of-state Delaware-based limited liability corporation with two Temecula-based principals—Tomas Oresansky and Martin Melicharek, along with agent Peter Bobro. They currently lease the Single Family Residential RL5 zoned parcels from Las Vegas-based Proactive Properties LLC. A principal of Proactive Properties is “Barrett & Mulopulos.”
In his presentation, E-Group spokesperson Robert Smith pointed out, “The proposed area is over 1400 feet away from the nearest residences.” He also stated that the property was chosen for the solar farm because it is flat and at a lower elevation than surrounding properties and is adjacent to an electrical substation, lowering costs. The developers stated that they hope the project will generate 200 to 300 construction jobs. “It's our intention that almost all of those be filled by local community members and employees to the extent possible,” stated Smith.
E-Group plans to submit an application to the City for this project in the next month, and hopes that the City will be receptive. Per Smith, “What we're looking to do is partner with the City. Hopefully, we'd like [the City] to at least consider the idea of lifting the [existing utility-scale solar] moratorium."
But if the City takes an uncooperative stance, E-Group says they will take the route of State approval instead of City approval. Smith said, “To be clear, that's not what we want to do….We don't want to go around the behind your back and go off to the state legislature. That's not our intent here. Our intent is to find a project that we can partner with the City and partner with the community, that you can be proud of, and that we get approved here as opposed to Sacramento.” Smith argued that this was just the beginning of the process and claimed E-Group welcomed community input.
E-Group’s solar proposal was met with questions and consternation by Council members and commenters.
PUBLIC COMMENT
Opening public comment, Mayor McArthur Wright read a letter from Russ and Gina Kohn urging Council “to please help your own constituents to not let this huge solar farm be built in our City. And please uphold our City code.” Veno Nathraj questioned whether the number of jobs created were sufficient benefit to the community.
Pat Flanagan, a Director at Morongo Basin Conservation Association, commended the project for the type of panels employed but pointed out its location “on a sand transport path” and expressed concerns about the erosion and drifting sand that might result, saying “We don’t want to be Phoenix.”
Joseph Carder asked “How much power will we get to keep?” Smith responded that the power goes to SCE, which then controls it, but “Another option is that we can negotiate a deal that actually provides the power directly to the City.” Luckino chimed in, mentioning a program known as Community Choice Aggregation (CCA) which allows cities to purchase or generate electricity for their residents and businesses.
Luckino added he anticipates the solar farm proposal to return to the Council in six to twelve months.
Mary Jane Binge objected to the project on aesthetic grounds and its proximity to the Harmony Acres neighborhood, Terence Latimer questioned whether any competing bids or developers existed, and Susan Peplow encouraged the Council to negotiate the strongest possible benefit package for the City.
Coming out swinging to kick off Council discussion, Scott led with, “I'll just be completely honest, and I'm going to be speaking for the residents of Twentynine Palms. The idea of forcing your way into our home, I find offensive. If you want to go to the state — I'm not a friend of Sacramento,” later adding, “It sounds like a shakedown to me.”
Mayor Pro Tem Steve Bilderain noted, “I live on Two Mile Road in Harmony Acres. So the first thing I'm gonna see if I look past a mile is the solar farm. So just for y'all to know, there's a Council member sitting on this who is actually affected by this, if it happens.” But he went on to express apprehension about litigation, some willingness to work with the developer, and to “fight for what's best for the City.”
Klink noted he too lived close to the proposed development: “My question is, they’re the first one that's going to come to Twentynine Palms, and they're going to be the first ones that are going to be okayed by the state. If we say ‘No,’ what happens down the road when there's another one, and then another one, and all of a sudden we have these huge solar farms? Not just one, but five or six?” Klink voiced concern about loss of City discretionary approval authority and agreed with Bilderain that the City ought to aggressively negotiate to get the best possible benefits.
Mintz closed out Council discussion of this item by complaining about the increasing number of mandates coming from the state: “Trust me, I don't like it. That's why I [chose to] live in Twentynine Palms, because we weren't regulated so much by the state. But pretty much they're just trying to dictate whatever we're doing.” He compared this new renewable energy mandate to the new state housing mandates, saying “You can build a four-plex on a large lot in a single family home residential area, and there's nothing we can do about it. There's a lot more things that are coming down [from the state] that we just haven't been affected by yet, because we're kind of far out there.”
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I hope the city allows this, for the good of all people and the planet.
Why are our most precious desert resources seemingly under constant attack from every carpet bagger and their backers with a 'gosh darned great plan'? Oh and now somehow the state is backing the play. 'Got lobbyists anyone'. Say 'Rooftop solar' everyone! I hope the council will find a way to manage this without giving in to these bullying tactics. The only reason we don't have rooftop solar is because the utilities don't want it and neither do folks like this group that stand to make a killing.