HomeMy WebLinkAbout7/21/1999 - STAFF REPORTS (8) DATE: July 21, 1999
TO: City Council
FROM: Director of Planning&Building
ENVIRONMENTAL ASSESSMENT NO. CA-066-99-27 - AN APPLICATION BY
ENERGY UNLIMITED, INC. FOR A PROPOSAL TO AMEND RIGHT-OF-WAY
GRANT CACA-17192,WHICH WOULD ADD FORTY-TWO(42)ACRES OF PUBLIC
LANDS TO THE EXISTING GRANT FOR THE PURPOSE OF INSTALLING SIX(6)
ONE-MEGAWATT, 300-FOOT TALL NORDEX WIND TURBINE GENERATORS,
LOCATED ON PUBLIC LANDS IN UNINCORPORATED RIVERSIDE COUNTY,
EASTERLY OF WHITEWATER CANYON ROAD AND NORTHERLY OF
INTERSTATE 10, SECTION 2, T3S, R3E, SBBM.
RECOMMENDATION:
That the City Council forward comments to the Bureau of Land Management regarding the
Environmental Assessment for the applicationby Energy Unlimited,Inc.referenced above,
and recommend that, due to the visual impacts created by the installation of the wind
turbines on residents of the Bonnie Bell community, the applicant explore alternative
locations for the new turbines to mitigate any further landform alterations and the farther
deterioration of the aesthetic quality of ridgelines east of Whitewater Canyon, consistent
with the objective of the Open Space Land Use within the City's General Plan.
ABSTRACT:
The Bureau of Land Management(BLM) has submitted an Environmental Assessment and
related special studies for this project to the City as a courtesy review, in accordance with
previous Settlement Agreements between the BLM, the City of Palm Springs. Under the
aforementioned Settlement Agreement,the BLM is required to forward all Environmental
Review materials to the City for a thirty (30)day review and comment period in the event
that any current or future right-of-way holder proposed to make any substantial change to
their plan of operation or to modify their right-of-way grant. Although the property is not
technically within the City's sphere-of-influence, it was studied in conjunction with the
annexation of the northern sphere area several years ago. The project site was
recommended for a designation of"C" (Conservation) with the annexation study, where
development is intended to be limited due to the natural topographical conditions associated
with the predominately mountainous area. Development in this area would typically
consist of one residential unit per 20 acres of land.
BACKGROUND:
The proposed project is the second phase of a proposed three-phase upgrade by Energy
Unlimited, Inc. of the WECS located on the ridge area east of the community of Bonnie
Bell(commonly referred to as Painted Hill). The applicant's ultimate plan is to remove
a total of ninety (90) older model wind turbines (ranging from 100-250 kW each) and
replace them with nineteen(19)one-megawatt wind turbines of approximately 300 feet in
height. Phase One, which consisted of the removal of two (2) 250 kW turbines and the
installation of four (4) one-megawatt turbines was completed in January, 1999, without
notification from the BLM to the City.
The public lands in question are designated Multiple Class "L" (Limited Use). Wind
Energy Powerplants are allowed in Class "L" areas after National Environmental Policy
Act of 1969 (NEPA) requirements are met.
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ANALYSIS: Od)AFeb
In analyzing the Environmental Assessment for this project, there are two primary areas
of Environmental concern(Visual and Biological Imapcts). All other Environmental issues
analyzed in the report have been determined to either be not significant or could be
mitigated to a level of insignificance with mitigation measures incorporated as conditions
of approval for the project.
1. Visual IMR=: According to the Environmental Assessment(EA), the proposed
location of the six new wind turbines, on the eastern ridge of Painted Hill, would
be visible from the community of Bonnie Bell in Whitewater Canyon. Historically,
residents of the Bonnie Bell community have opposed additional wind turbines in
areas visible from their community. In IM, Mesa Wind Developers relocated 24
wind turbines on the western ridge of Whitewater Canyon(on Alta Mesa) further
away from the community due to visual and noise concerns raised by residents of
Bonnie Bell. Since that time, all WECS in the vicinity has been located such that
no new turbines have been installed on the ridges of Whitewater Canyon visible
from Bonnie Bell.
In summary, the EA concluded that no wind turbine blades should be visible from
Bonnie Bell to fully mitigate any visual resource issues. Since wind turbine blades
would definitely be visible from the community with this application, it was
determined that the visibility of the turbines would be a residual impact of the
project.
In conjunction with the EA, a Visual Resource Management evaluation was
completed in accordance with the requirements of the BLM. The study concluded
that there would be a contrast rating of"strong"between the existing and resulting
visual environment from Bonnie Bell, due primarily to the natural horizontal
ridgeline and the predominately vertical shape of the wind turbines. The study
concluded that strategic locations in less visible or less sensitive areas which
minimize disturbance and repetition of basic elements (form, line, color and
texture) should be considered. Staff would concur with this recommendation to
assure that this project is developed consistent with previous WECS in the area of
Bonnie Bell, and further recommend that any further ridgeline development of
WECS not be allowed to maintain the visual quality of the immediate area from all
vantage points in the Coachella Valley. Staff would further recommend that the
proposed wind turbines be relocated as to not be visible from the community of
Bonnie Bell, consistent with existing WECS development west of the community.
2. Bio1ogJW IMM ts: Several animal species listed as endangered or threatened
(including the Desert Tortoise)could exist on the project site, although not likely,
according to the EA. The EA includes several recommended mitigation measures
to address the potential biological impacts of the project relative to the Desert
Tortoise, but residual biological impacts would be inherent as a result of the
grading and operation of the turbines. A devegetated area of approximately 0.1
acres around each tower would occur and remain for the life of the project, as well
as the potential for increased bird,lizard,snake and rodent mortality in conjunction
with the operation of the units. No further studies were deemed necessary to
quantify these residual impacts to wildlife.
PLANNING COMMISSION ACTION:
The Planning Commission is scheduled to review the project at their July 14, 1999
meeting. An oral update of the Planning Commission recommendations and action will
be provided at the City Council meeting.
DOUGLA . EVANS
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6 MEGAWATTS
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CA-17192.
RESOLUTION NO. 19615
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, RECOMMENDING DENIAL
OF ENVIRONMENTAL ASSESSMENT NO.CA-066-99-
27 - AN APPLICATION BY ENERGY UNLIMITED,
INC. FOR A PROPOSAL TO AMEND RIGHT-OF-WAY
GRANT CACA-17192, WHICH WOULD ADD FORTY-
TWO (42) ACRES OF PUBLIC LANDS TO THE
EXISTING GRANT FOR THE PURPOSE OF
INSTALLING SIX (6) ONE-MEGAWATT, 300-FOOT
TALL NORDEX WIND TURBINE GENERATORS,
LOCATED ON PUBLIC LANDS IN
UNINCORPORATED RIVERSIDE COUNTY,
EASTERLY OF WHITEWATER CANYON ROAD AND
NORTHERLY OF INTERSTATE 10, SECTION 2, T3S,
R3E, SBBM.
WHEREAS, Energy Unlimited, Inc. (the "applicant") has filed an application with the
Bureau of Land Management for a proposal to amend a right-of-way grant to add 42 acres
of public lands for the installation of 6 300-foot tall Nordex 1 Megawatt wind turbines on
public lands in unincorporated Riverside County,easterly of Whitewater Canyon Road and
northerly of Interstate 10, Section 2, T3S, R3E, SBBM; and
WHEREAS, development of this site is subject to approval by the United States
Department of the Interior/Bureau of Land Management; and
WHEREAS, the Bureau of Land Management (BLM) has submitted the Environmental
Assessment for this project to the City in accordance with a recorded Settlement
Agreement between the BLM and the City of Palm Springs, which requires the BLM to
forward all Environmental Review materials to the City for a thirty (30) day review and
comment period in the event that any current or future right-of-way holder proposes to
make any substantial change to their plan of operation or to modify their right-of-way
grant; and
WHEREAS, the subject property was studied in conjunction with the annexation of the
northern portions of the city and the sphere-of-influence in 1991-92 and is near the current
city limit; and
WHEREAS, the entire site was recommended for a designation of"C" (Conservation)in
conjunction with the annexation study for the northern area of the City in 1991-92, where
development would typically be limited and the preservation of the land as open space is
encouraged; and
WHEREAS, the application contemplates the installation of 6 Nordex 1 Megawatt wind
turbines, in a north/south array; and
WHEREAS, the development contemplated under this application is the second phase of
a three-phase upgrade of the existing WECS,where a total of 90 older model wind turbines
will be replaced with 19 technologically advanced wind turbines of higher capacity and
greater efficiency; and
R19615
Page 2
WHEREAS, the new wind turbines are proposed to be located on rim and slope areas of
Painted Hill, on a prominent ridgeline on the east side of the community of Bonnie Bell,
where the viewsheds are much more prominent than a majority of the existing wind
turbines in WECS 71,which are located on top of Alta Mesa,on ridgelines west of Bonnie
Bell; and
WHEREAS, in 1992, Mesa Wind Developers entered into a Settlement Agreement and
relocated 24 wind turbines to locations further west on the ridge of Alta Mesa,beyond the
viewshed of the community of Bonnie Bell, to mitigate visual and noise concerns raised
by residents of Bonnie Bell; and
WHEREAS, the BLM Environmental Assessment for the proposed project identifies
landfonm and visual impacts as a result of the proposed project as a residual environmental
impact,even after mitigation measures have been imposed upon the proposed development;
and
WHEREAS, the Environmental Assessment included a Project Alternatives analysis in
accordance with National Environmental Policy Act(NEPA) Guidelines; and
WHEREAS,a Visual Resource Management Evaluation was prepared in accordance with
the requirements of the BLM and NEPA to specifically assess the visual environment and
resulting contrast of the visual environment from Bonnie Bell; and
WHEREAS, the Visual Resource Management Evaluation concluded that strategic
locations in less visible or less sensitive areas which minimize disturbance and repetition
of basic elements should be considered; and
WHEREAS, the proposed Right-of-Way grant is an area specifically excluded in the
original Bureau of Land Management Discussion of Options document due to the aesthetic
impacts of Wind Energy Development of this site to the community of Bonnie Bell and on
the overall scenic quality of the western Coachella Valley; and
WHEREAS, the Planning Commission has previously reviewed the project and the
Environmental Assessment for the application at its meeting of July 14, 1999, and made
recommendations to the BLM to consider potential mitigations as recommended in the
Visual Resource Management Evaluation prepared in conjunction with the Environmental
Assessment for the project; and
WHEREAS,the City Council reviewed the project and the Environmental Assessment for
the application at its meeting of July 21, 1999,and made recommendations to the BLM not
to extend the right-of-way grant as proposed, given that the development of the subject
property will cause a significant environmental impact due to the visual impacts the
development would create from the community of Bonnie Bell, Interstate 10, Highway 62
and other scenic corridors within the Coachella Valley.
R19615
Page 3
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council of the City of Pahn Springs recommends as follows:
1. The City Council opposes the approval ofRight-of-Way Grant CACA-17192 to add
42 acres for the purposes of installing six (6) new Nordex 1 Megawatt wind
turbines on the property contemplated under the proposed Right-of-Way grant.
2. The City Council concurs with the recommendations of the Visual Resource
Management Evaluation, recommending alternative site/locational studies for the
proposed wind turbines, specifically focusing on the exploration of retrofitting
existing wind turbines with a reduced number of more efficient wind turbines on
existing BIM rights-of--way on the floor of the Coachella Valley, which could
improve the overall aesthetics of the immediate area. This direction is consistent
with the City of Palm Springs General Plan objective of discouraging WECS
development inridgeline and steep slope situations due to the visual impacts created
by the turbines and landform alterations associated with grading for access roads
and footings for individual wind turbines for areas designated for Open Space land
uses.
,DOPE this 21stday of July , 1999.
AYES: Members Barnes, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None
ABSTAIN. None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Manager City Clerk
�%
REVIEWED AND APPROVED AS TO FORM: ,/ITS c
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, PROVIDING
RECOMMENDATIONS TO THE BUREAU OF LAND
MANAGEMENT REGARDING ENVIRONMENTAL
ASSESSMENT NO. CA-066-99-27 -AN APPLICATION
BY ENERGY UNLIMITED, INC. FOR A PROPOSAL
TO AMEND RIGHT-OF-WAY GRANT CACA-17192,
WHICH WOULD ADD FORTY-TWO (42) ACRES OF
PUBLIC LANDS TO THE EXISTING GRANT FOR THE
PURPOSE OF INSTALLING SIX(6)ONE-MEGAWATT,
300-FOOT TALL NORDEX WIND TURBINE
GENERATORS, LOCATED ON PUBLIC LANDS IN
UNINCORPORATED RIVERSIDE COUNTY,
EASTERLY OF WHITEWATER CANYON ROAD AND
NORTHERLY OF INTERSTATE 10, SECTION 2, T3S,
R3E, SBBM.
WHEREAS, Energy Unlimited, Inc. (the "applicant") has filed an application with the
Bureau of Land Management for a proposal to amend a right-of-way gram[to add 42 acres
of public lands for the installation of 6 300-foot tall Nordex 1 mW wind turbines on public
lands in unincorporated Riverside County, easterly of Whitewater Canyon Road and
northerly of Interstate 10, Section 2, T3S, R3E, SBBM; and
WHEREAS, development of this site is subject to approval by the United States
Department of the Interior/Bureau of Land Management; and
WHEREAS, the Bureau of Land Management (BLM) has submitted the Environmental
Assessment for this project to the City in accordance with a recorded Settlement
Agreement between the BLM and the City of Palm Springs, which requires the BLM to
forward all Environmental Review materials to the City for a thirty (30) day review and
continent period in the event that any current or future right-of-way holder proposes to
make any substantial change to their plan of operation or to modify their right-of-way
grant; and
WHEREAS, the subject property was studied in conjunction with the annexation of the
northern portions of the city and the sphere-of-influence in 1991-92 and is near the current
city limit; and
WHEREAS, the entire site was recommended for a designation of"C" (Conservation) in
conjunction with the annexation study for the northern area of the City in 1991-92, where
development would typically be limited and the preservation of the land as open space is
encouraged; and
WHEREAS, the southern portion of the site was recommended to be within a Wind
Energy Overlay District in conjunction with the above annexation study, where the
development of wind energy production facilities is permitted; and
WHEREAS, the application contemplates the installation of 6 Nordex 1 mW wind
turbines, in a north/south array; and
SIB•
Y
WHEREAS, the development contemplated under this application is the second phase of
a three-phase upgrade of the existing WECS,where atotal of 90 older model wind turbines SIPM
will be replaced with 19 technologically advanced wind turbines of higher capacity and
greater efficiency; and
WHEREAS, the new wind turbines are proposed to be located on rim and slope areas of
Painted Hill, on a prominent ridgeline on the east side of the community of Bonnie Bell,
where the viewsheds are much more prominent than a majority of the existing wind
turbines in WECS 71,which are located on top of Alta Mesa,on ridgelines west of Bonnie
Bell; and
WHEREAS, in 1992, Mesa Wind Developers entered into a Settlement Agreement and
relocated 24 wind turbines to locations further west on the ridge of Alta Mesa,beyond the
viewshed of the community of Bonnie Bell, to mitigate visual and noise concerns raised
by residents of Bonnie Bell; and
WHEREAS, the BLM Environmental Assessment for the proposed project identifies
landform and visual impacts as a result of the proposed project as a residual environmental
impact,even after mitigationmeasures have been imposed uponthe proposed development;
and
WHEREAS, the Environmental Assessment included a Project Alternatives analysis in
accordance with National Environmental Policy Act(NEPA) Guidelines; and
WHEREAS,a Visual Resource Management Evaluation was prepared in accordance with
the requirements of the BLM and NEPA to specifically assess the visual environment and
resulting contrast of the visual environment from Bonnie Bell; and
WHEREAS, the Visual Resource Management Evaluation concluded that strategic
locations in less visible or less sensitive areas which minimize disturbance and repetition
of basic elements should be considered; and
WHEREAS, the Planning Commission has previously reviewed the project and the
Enviromnental Assessment for the application at its meeting of July 21, 1999, and made
recommendations to the BLM to consider potential mitigations as recommended in the
Visual Resource Management Evaluation prepared in conjunction with the Environmental
Assessment for the project.
WHEREAS,the City Council reviewed the project and the Environmental Assessment for
the application at its meeting of July 21, 1999, and made recommendations to the BLM to
consider potential mitigations as recommended in the Visual Resource Management
Evaluation prepared in conjunction with the Environmental Assessment for the project.
bring the proposed project into conformance with the County of Riverside General Plan.
iY
Now, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council of the City of Palm Springs recommends as follows:
1. Based upon the recommendations of the Visual Resource Management Evaluation,
recommending further alternative site/locational studies, and the City of Palm
Springs General Plan objective of discouraging WECS development in ridgeline
and steep slope situations due to the visual impacts created by the turbines and
landform alterations associated with grading for access roads and footings for
individual wind turbines for areas designated for Open Space land uses, that the
applicant explore alternative locations for the new turbines to mitigate any further
I ntdform alterations and the further deterioration of the aesthetic quality of
ridgelines east of Whitewater Canyon, outside of any areas of visibility from the
community of Bonnie Bell.
ADOPTED this_day of , 1999.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Manager City Clerk
REVIEWED AND APPROVED AS TO FORM:
63
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