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HomeMy WebLinkAbout19343 - RESOLUTIONS - 7/29/1998 RESOLUTION NO. 19343 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, WAIVING THE 1/3-MILE SCENIC SETBACK REQUIRED PER THE SETTLEMENT AGREEMENT OF PALM SPRINGS V HODEL REGARDING THE SAN JACINTO ' PROJECT. WHEREAS Venture Pacific, Inc. is proposing to redevelop its wind energy project, from 47 existing turbines to 27 turbines with total heights of approximately 218, 233 and 237 feet, on BLM Right-of-Way, known as the San Jacinto Project; and WHEREAS development on this site is subject to the conditions of a litigation settlement agreement, Palm Springs v Hodel (1985), in which a scenic setback of 1/3 mile from Interstate 10 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 require a scenic setback of only 500 feet from Interstate 10; and WHEREAS other wind energy projects in the area have been approved and are operating with scenic setbacks of 500 feet from Interstate 10. 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 scenic setback of 1/3-mile from Interstate 10 required by the settlement agreement of Palm Springs v Hodel (1985) to allow the redevelopment of the San Jacinto Project with 27 machines. Section 2. The City Council agrees to the site locations, the setbacks, and the heights as proposed by the Redevelopment Plan. ' AJ IQ' R19343 Page 2 rs Section 3. The City Council authorizes the City Attomey to direct any legal action necessary to affect such waiver, with this approval being contingent on the City recovering its legal costs from Venture Pacific, Inc. ADOPTED this 29th day of July , 1998. AYES: Members Barnes, Hodges, Oden, Reller-Spurgin NOES: Nor,e ABSENT: Mayor Kleindienst ATTEST: / j CITY O PAL1v1 SPRINGS, CALIFORNIA Spy Ci Gel rk City Manager REVIEWED & APPROVED: r — 1