HomeMy WebLinkAbout19207 - RESOLUTIONS - 3/4/1998 RESOLUTION NO. 19207
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 13198.
WHEREAS Cabazon Wind Developers is proposing to redevelop its wind energy
project, from 123 existing, and 168 planned, turbines to 45 turbines with a total
height of approximately 296 feet, on BLM Right-of-Way Grant CA-13198„ and
WHEREAS development on this site is subject to the conditions of a litigation
settlement agreement, Pali Springs v Model (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 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 Planning Commission commented on a project immediately south
of the subject project and recommended approval of an equivalent height, and the
City Council also agreed to waive the 150-foot height limit in November 1995 for '
Seawest on the project westerly of Indian Canyon Dr. and southerly of the railroad
station with a height of 231 feet;: 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 Pahn Springs v Hodel (1985) to allow the
redevelopment of BLM Right-of-Way Grant CA-13198 with 45
machines at a height of 296 feet.
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.
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Section 3. 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 4th day of March 1998.
' AYES: Members Barnes, Hodges, 0den, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
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By - - —�===-- --------- -- ---- �� --------
City Clerk ity M ager
REVIEWED & APPROVED AS TO FORM: ------------------
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