HomeMy WebLinkAbout18211 - RESOLUTIONS - 10/20/1993RESOLUTION NO. 18211
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, WAIVING THE 150-FOOT
HEIGHT LIMIT PER THE SETTLEMENT AGREEMENT OF
PALM SPRINGS V HODEL/BLM REGARDING BLM R-O-W
GRANT CA-15562-E.
WHEREAS Fragosvan Enterprises Inc. is proposing to complete
development of its wind energy project, consisting of twenty
turbines with a total height of 196 feet, on BLM Right -of-Way Grant
CA-15562-E to fulfill its obligations under Southern California
Edison Interim Standard Offer #4 Power Purchase Contract; and
WHEREAS development on this site is subject to the conditions of a
litigation settlement agreement, Palm Springs v Hod,el/BLM (1985),
in which a height limit of 150 feet was accepted; and
WHEREAS the wind industry has experienced man, changes and
improvements in technology since 1985, which allow larger, but
significantly, fewer, machines to produce an equivalent amount of
power; and
WHEREAS the City of Palm Springs is considering .Annexation #26
which would encompass the affected, project if approved; and
WHEREAS the City of Palm Springs is correspondingly considering the
adoption of new ordinances to govern the development of wind energy
projects should Annexation #26 be approved; and
WHEREAS the current draft of such ordinances would permit a total
wind energy machine height of 210 feet; and
WHEREAS other wind energy projects in the area were granted height
limitations of 200 feet in the 1.985 settlement agreements,, and
turbines with heights greater than 190 feet have been operating
within one mile of the subject project for nearly eight years.
NOW, THEREFORE, BE IT RESOLVED that; the City Council, of the City of
Palm Springs, California, as follows:
Section 1. The City Council agrees to waive the height limit
of 150 feet required by the settlement agreement of
Palm Springs v Hodel/BLM (1985) to allow the
development of BLM Right -of -Way Grant CA-15562-E
with machines of a height of 196 feet.
Section 2. The City Council authorizes the City Attorney to
direct any legal action necessary to affect such
waiver, but this approval is contingent on the! City
recovering its legal costs from the applicant.
ADOPTED this 20th
AYES: Members Hodges,
NOES: None
ABSENT: None
ATTEST:
By -
City Clerk
day of OctDber , 1993.
Lyons, Reller-Spurgin, Schlendorf .and Mayor Maryanov
CIT OF PALM SPR72 S, CALIF'ORNIA
City Manager
1 "-
REVIEWED & APPROVED: diop �?P;•
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