HomeMy WebLinkAbout19381 - RESOLUTIONS - 10/7/1998RESOLUTION NO. 19381
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING THE 1/3-MILE
SCENIC SETBACK REQUIRED PER THE SETTLEMENT
AGREEMENT OF PALM SPRINGS ET AL V. HODEL ET AL
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, The City of Palm Springs, etc. et
al. V. Donald Paul Hodel, etc. et al. (1985), approved by the City
Council on May 7, 1986 by Resolution 15869 (City Agreement No.
2311) 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 Ordinance Section
9402.00H.8 which governs the development of wind energy projects;
and
WHEREAS Section 9402.00H.8.e.(5) requires a scenic setback of only
' 500 feet from Interstate 10 which was precipitated by changes in
technology which allows for the use of fewer wind turbines in
general, and thus significantly lessen the aesthetic impact
adjacent to the I-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 pursuant to Section 9402.00H.8.e.(5),
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 amend the scenic setback
of 1/3 mile from Interstate 10 required by the
settlement agreement of The City of Palm Springs,
etc. et al. v. Donald Paul Hodel, etc. et al.
(1985), approved by the City Council on May 7, 1986
by Resolution 15869 (City Agreement No. 2311) to
allow the redevelopment of the San Jacinto Project
627/014084-0001/3207359.1 .10/22/98
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to locate wind energy turbines within 500 feet of
Interstate 10.
Section 2. The City Council agrees to the site locations, the
setback, and the heights as of the 27 wind energy
turbines proposed by Venture Pacific Inc., under
the Redevelopment Plan for the San Jacinto Project.
Section 3. The City Council. authorizes the City Attorney to
direct any legal. action necessary to effect such
waiver, with this approval being contingent on the
City recovering its legal coasts from Venture
Pacific, Inc.
ADOPTED THIS 7th day of October , 1998•
AYES: Members Barnes, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None
ATTEST:
City' Clerk
REVIEWED & APPROVED:
627/014084-0001/3207359 1 .10/22/98