HomeMy WebLinkAbout18291 - RESOLUTIONS - 2/2/1994 RESOLUTION NO. 18291
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, WAIVING THE 150-FOOT
HEIGHT AND THE COLOR LIMITATIONS PER THE
SETTLEMENT AGREEMENT OF PALM SPRINGS V HODEL
REGARDING BLM R-O-W GRANT CA-15549 .
WHEREAS San Gorgonio Wind Assoc:. IV (SGWA IV) is proposing to '
redevelop its wind energy project, from 108 existing turbines to 26
turbines with a total height. of 178 feet, on BLM Right-of-Wa:y Grant
CA-15549; and
WHEREAS development on this site is subject to the conditions of a
litigation settlement agreement, Palm Springs v .Hodel (1985) , in
which a height limit of 150 feet and a finish color of gray was
accepted; and
WHEREAS the wind industry has experienced many phanges 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 200 feet; and
WHEREAS other wind energy projects in the area were granted height '
limitations of 200 feet in the 1985 settlement agreements, and
turbines with heights greater than 190 feet have been operating
near the subject project for nearly eight years; and
WHEREAS the amended Plan of Operations for the referenced BLM
Right-of-Way Grant is consistent with the proposed ordinances of
the City of Palm Springs regulating wind energy projects.
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 (1985) to allow the
redevelopment of BLM Right-of-Way Grant CA-15549
with 26 machines of a height no greater than 200
feet.
Section 2 . The City Council agrees to the addition of the
proposed off-white color, as well as other light
environmental colors, as permitted colors of wind
energy equipment under the settlement agreement of
Palm Springs v Hodel (1985) .
Section 3 . The City Council agrees to the site locations, the '
setbacks, and the preservation of the existing
scenic setback lines of 1/3 mile from Interstate 10
and % mile from Highway ill as proposed by the
amended Plan of Operations.
_. 1t
R18291
Page 2 - --
Section 4 . The City Council authorizes the City Attorney to
direct any legal action necessary to affect such
waiver, with this approval being contingent on the
City recovering its legal costs from the applicant.
' ADOPTED this 2nd day of February , 199 4.
AYES: Members Hodges, Lyons, Reller-Spurgin, Schlendorf and Mayor Maryanov
NOES: None
ABSENT: None
ATTEST: CI Y OF PALM SPRI CALIFORNIA
B
Y
City 'Clerk City n ger
REVIEWED & APPROVED:
�� �'