HomeMy WebLinkAbout18737 - RESOLUTIONS - 11/15/1995 RESOLUTION NO. 18737
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, WAIVING THE 150-FOOT
HEIGHT PER THE SETTLEMENT AGREEMENT OF PALM
SPRINGS V HODEL REGARDING BLM R-O-W GRANT CA-
15562-B.
WHEREAS Seawest San Gorgonio, Inc. is proposing to redevelop its
wind energy project, from 85 existing turbines to eight turbines
with a total height of approximately 222 feet, on BLM Right-of-Way
Grant CA-15562-B; 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 was accepted; and
WHEREAS the wind industry has experienced many 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 has adopted an ordinance to govern
the development of wind energy projects; and
WHEREAS such ordinance 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 10 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 except for
the proposed height of the machines.
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 (198!'.S) to allow the
redevelopment of BLM Right-of-Way Grant: CA-15549
with eight machines.
Section 2 . The City Council agrees to the site locations, the
setbacks, and the preservation of the existing
scenic setback lines as proposed by the amended
Plan of Operations.
Section 3 . The City Council requires SeaWest, or any
subsequent lessee, to secure the appropriate
encroachment permit(s) to obtain access to Indian
Canyon Drive and/or Garnet Station Road, as '
required by the amended Plan of operations.
54-v'
10)
R18737
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 15th day of November , 1995.
' AYES: Members Kleindienst, Lyons, Reller-Spurgin and Mayor Maryanov
NOES: None
ABSENT: Member [lodges
ATTEST: C TY OP PALM SPR , CALIFORNIA
\�
By J
City Clerk City aqe
REVIEWED & APPROVED:
1
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