RESOLUTION NO. 2026-061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, GRANTING DIRAC BESS LLC’S APPEAL AND APPROVING PL25-0085 (SPECIAL CONDITIONAL USE PERMIT) AND PL25-0086 (SITE APPROVAL) TO CONSTRUCT AND OPERATE A 400-MEGAWATT (MW) BATTERY ENERGY STORAGE SYSTEM (BESS) FACILITY ON A 13.89-ACRE PROPERTY IN THE GENERAL INDUSTRIAL (M2) ZONING DISTRICT LOCATED AT 13925 BENSON AVENUE, 13822 OAKS AVENUE AND 13910 OAKS AVENUE (APNS: 1021-121-05, 1021-211-02 AND 1021-211-05).
WHEREAS, Dirac Project LLC (the “Applicant”), has filed an application with the City of Chino (the “City”) for approval of PL25-0085 (Special Conditional Use Permit) and PL25-0086 (Site Approval) (the “Project”) to construct and operate a 400-megawatt (MW) battery energy storage system (BESS) facility on a 13.89-acre property in the General Industrial (M2) zoning district located at 13925 Benson Avenue, 13822 Oaks Avenue and 13910 Oaks Avenue (APNs: 1021-121-05, 1021-211-02 and 1021-211-05); and WHEREAS, in compliance with the California Environmental Quality Act (CEQA), the Project has been determined to be within the scope of the previously certified 2045 General Plan Update Environmental Impact Report (EIR) (State Clearinghouse No. 202409083), adopted on September 2, 2025. The EIR adequately describes the environmental effects of the proposed Project for the purposes of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183. The proposed Project is consistent with the land use designation and applicable policies established by the City’s General Plan and underlying zoning, all of which were evaluated in the certified EIR. The Project is also subject to uniformly applicable development policies and mitigation measures identified in the 2045 General Plan Update EIR, which would reduce potential impacts to less than significant levels. Accordingly, pursuant to CEQA Guidelines Section 15183, no additional environmental review is required; and WHEREAS, on July 15, 2026, the Planning Commission held a duly noticed public hearing for the Project in compliance with law, and, after entertaining the written and oral report of staff, and taking public testimony, denied the Project; and WHEREAS, applicant filed a timely appeal; and
WHEREAS, on September 15, 2026, the City Council held a duly noticed public hearing to consider applicant’s appeal.
NOW, THEREFORE, the City Council of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:
The foregoing recitals are true and correct and incorporated herein.
Based on substantial evidence, both written and oral, from the public hearing, the City Council makes the following findings and takes the following actions on the appeal and on PL25-0085 (Special Conditional Use Permit) and PL25-0086 (Site Approval):
PL25-0086 (Site Approval)
The proposed Project is consistent with the goals and policies of the City’s adopted General Plan and/or applicable specific plan(s). The Project site is zoned General Industrial (M2), where major utilities are conditionally permitted subject to approval of a Special Conditional Use Permit (SCUP). The Project is consistent with General Plan Goal and Policies INF-6, which calls for the City of Chino to provide reliable energy services to serve new and existing development. The Project would enhance grid reliability by storing energy during periods of low demand and delivering energy during periods of peak demand, thereby supporting the City’s objective of maintaining a stable and resilient energy supply; The proposed Project is permitted within the zoning district in which it is proposed and complies with all applicable provisions of the City’s Zoning Code. The Project site is zoned General Industrial (M2), where a 400-megawatt (MW) BESS facility is classified as a major utility use. Major utility uses are permitted in the M2 zoning district subject to approval of a SCUP. Additionally, the Project meets or exceeds all minimum development standards related to setbacks, parking, and landscaping; The subject site is physically suitable, including, but not limited to, parcel size, shape, access and availability of utilities, for the type and intensity of use proposed, as all minimum zoning requirements governing parcel size, shape, access, type and intensity of development have been met or exceeded. The 13.89-acre site is flat and will have adequate infrastructure and two points of vehicular access from Benson Avenue and Oaks Avenue. Utilities and stormwater improvements will be extended to serve the site; The subject site for the Project relates to streets and highways properly designed, both as to width and type of pavement to carry the type and quantity of traffic generated by the proposed Project, in that the Project site is located along Benson Avenue and Schaefer Avenue, which are both designated as a collector arterial and designed to carry the volume of traffic by the proposed Project. The Project would generate minimal traffic, as the facility is designed to operate with 4 to 7 full-time employees on-site Monday through Friday from 7:00 a.m. to 4 p.m., and on weekends and holidays if needed. In addition, qualified technicians will periodically inspect the facility and perform maintenance. As a result, the Project would generate very low volume of vehicle trips; The proposed Project is compatible with those abutting properties and in the surrounding area. The Project is located within an area designated for industrial uses and is surrounded by existing industrial developments to the north, east and west, and the Southern California Edison (SCE) Chino Substation to the south. The Project includes a BESS facility and an on-site substation, which incorporates electrical infrastructure and equipment similar in type, scale and function to that located at the adjacent SCE Chino Substation. As such, the Project is consistent with the existing utility and industrial character of the surrounding area; The proposed location, size, and operating characteristics of the proposed Project will not be detrimental to the public interest, health, safety or general welfare. The Project consists of a 400-megawatt (MW) BESS facility, which is classified as a major utility use. Major utility uses are permitted within the M2 zoning district, subject to approval of a SCUP. The Project incorporates multiple safety features, including compliance with applicable building and fire codes, battery management systems, fire detections and protection systems, and required emergency access provisions. The City Council has further imposed Conditions of Approval, attached hereto as Exhibit “A”, to ensure that the Project is constructed and operated in a manner that protects the public health, safety, and general welfare; The proposed Project will not have a significant adverse impact on the environment, as the proposed Project has been determined to be within the scope of the previously certified 2045 General Plan Update Environmental Impact Report (EIR) (State Clearinghouse No. 202409083), adopted on September 2, 2025. The EIR adequately describes the environmental effects of the proposed Project for the purposes of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183. The proposed Project is consistent with the land use designation and applicable policies established by the City’s General Plan and underlying zoning, all of which were evaluated in the certified EIR. The Project is also subject to uniformly applicable development policies and mitigation measures identified in the 2045 General Plan Update EIR, which would reduce potential impacts to less than significant levels. Accordingly, pursuant to CEQA Guidelines Section 15183, no additional environmental review is required; and The minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed Project and have been imposed as conditions of Project approval by the Chino City Council. In addition, certain safeguards have been required of the proposed Project, which the City Council deems necessary to protect the public health, safety, and general welfare. These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”.
PL25-0085 (Special Conditional Use Permit)
The proposed use is consistent with the goals and policies of the City’s adopted General Plan and/or applicable specific plan(s), The Project site is zoned General Industrial (M2), where major utilities are conditionally permitted subject to approval of a SCUP. The Project is consistent with General Plan Goal and Policies INF-6, which calls for the City of Chino to provide reliable energy services to serve new and existing development. The Project would enhance grid reliability by storing energy during periods of low demand and delivering energy during period of peak demand, thereby supporting the City’s objective of maintaining a stable and resilient energy supply; The subject site is physically suitable, including but not limited to, parcel size, shape, access and availability of utilities, for the type and intensity of use proposed. The Project site consists of 13.89 acres and is of sufficient size and configuration to accommodate the proposed 400-megawatt (MW) BESS facility, including all associate equipment, access roads, setbacks, and required safety features. The site has adequate access from Benson Avenue and Schaefer Avenue, which are designed to support industrial uses and provide sufficient capacity for the limited traffic generated from the Project. The Project will be served by existing and planned utility infrastructure necessary to support is operation, including electrical interconnection with the regional grid; The subject site relates to streets and highways properly designed, both as to width and type of pavement to carry the type and quantity of traffic generated by the proposed use, in that the Project site is located along Benson Avenue and Schaefer Avenue, which are both designated as a collector arterial and designed to carry the volume of traffic by the proposed Project. The Project would generate minimal traffic, as the facility is designed to operate with 4 to 7 full-time employees on-site Monday through Friday from 7:00 a.m. to 4 p.m., and on weekends and holidays if needed. In addition, qualified technicians will periodically inspect the facility and perform maintenance. As a result, the Project would generate very low volume of vehicle trips; The proposed use is compatible with those on abutting properties and in the surrounding neighborhood. The Project is located within an area designated for industrial uses and is surrounded by existing industrial developments to the north, east and west, and the Southern California Edison (SCE) Chino Substation to the south. The Project includes a BESS facility and an on-site substation, which incorporates electrical infrastructure and equipment similar in type, scale and function to that located at the adjacent SCE Chino Substation. As such, the Project is consistent with the existing utility and industrial character of the surrounding area; The proposed location, size, and operating characteristics of the proposed use will not be detrimental to the public interest, health, safety or general welfare. The Project consists of a 400-megawatt (MW) BESS facility, which is classified as a major utility use. Major utility uses are permitted within the M2 zoning district, subject to approval of a SCUP. The Project incorporates multiple safety features, including compliance with applicable building and fire codes, battery management systems, fire detections and protection systems, and required emergency access provisions. The City Council has further imposed Conditions of Approval, attached hereto as Exhibit “A”, to ensure that the Project is constructed and operated in a manner that protects the public health, safety, and general welfare; The proposed Project will not have a significant adverse impact on the environment as the proposed Project has been determined to be within the scope of the previously certified 2045 General Plan Update Environmental Impact Report (EIR) (State Clearinghouse No. 202409083), adopted on September 2, 2025. The EIR adequately describes the environmental effects of the proposed Project for the purposes of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183. The proposed Project is consistent with the land use designation and applicable policies established by the City’s General Plan and underlying zoning, all of which were evaluated in the certified EIR. The Project is also subject to uniformly applicable development policies and mitigation measures identified in the 2045 General Plan Update EIR, which would reduce potential impacts to less than significant levels. Accordingly, pursuant to CEQA Guidelines Section 15183, no additional environmental review is required; and The minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed Project and have been imposed as conditions of Project approval by the Chino City Council. In addition, certain safeguards have been required of the proposed use, which the City Council deems necessary to protect the public health, safety, and general welfare. These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”.
CEQA Findings. In compliance with the California Environmental Quality Act (CEQA), Pursuant to Guideline § 15183, Projects Consistent with a Community Plan, General Plan, or Zoning. The proposed Project has been determined to be within the scope of the previously certified 2045 General Plan Update Environmental Impact Report (EIR) (State Clearinghouse No. 202409083), adopted on September 2, 2025. The EIR adequately describes the environmental effects of the proposed Project for the purposes of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183. The proposed Project is consistent with the land use designation and applicable policies established by the City’s General Plan and underlying zoning, all of which were evaluated in the certified EIR. Pursuant to Section 15183(b), a focused evaluation of the development was conducted and the analysis concluded that the proposed Project would not result in any new or more severe significant environmental impacts beyond those identified in the certified General Plan EIR. The Project is also subject to uniformly applicable development policies and mitigation measures identified in the 2045 General Plan Update EIR, which would reduce potential impacts to less than significant levels. Accordingly, pursuant to CEQA Guidelines Section 15183, no additional environmental review is required.
Grant of appeal and approval of PL25-0085 (Special Conditional Use Permit) and PL25-0086 (Site Approval). The City Council hereby grants applicant’s appeal and approves PL25-0085 (Special Conditional Use Permit) and PL25-0086 (Site Approval) subject to the Conditions of Approval attached hereto as Exhibit “A”. Applicant, including its successors and assigns, shall be responsible for implementing and complying with all conditions set forth in Exhibit “A”.
Actions by the City Clerk. The City Clerk is hereby directed to attest to the adoption of this Resolution as of the date set forth below and forthwith transmit a copy of this Resolution, by regular mail, to the Applicant at the address of record set forth in the Application.
PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF SEPTEMBER 2026.
MAYOR
ATTEST:
CITY CLERK
State of California )
County of San Bernardino ) §
City of Chino )
I hereby certify the foregoing Resolution was duly adopted by the Chino City Council at a meeting held on the 15th day of September 2026 and entered in the minutes of said City Council.
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
CITY CLERK
Attachment: Exhibit “A” – Conditions of Approval
01225.0005/813665.1
01225.0005/813665.1
resolution no. 2026-061