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City of San Leandro <br />Meeting Date: April 1, 2013 <br />Staff Report <br />Agenda Section:File Number:13-138 PUBLIC HEARINGS – CITY <br />COUNCIL <br />Agenda Number:3.B. <br />TO:City Council <br />FROM:Chris Zapata <br />City Manager <br />BY:Cynthia Battenberg <br />Community Development Director <br />FINANCE REVIEW:Not Applicable <br />TITLE:Staff Report for Matter of PLN 2013-00009, an Appeal by the Heron Bay <br />Homeowners Association c /o A. Alan Berger of the Board of Zoning <br />Adjustments’ Approval on February 7, 2013 of PLN2012-00006, a Variance to <br />Construct an 80-Foot Tall Single Wind Turbine Where the Blades Will Extend <br />an Additional 20 Feet from the Structure for a Maximum Height of 100 Feet <br />and the Adoption of the Related Mitigated Negative Declaration and Mitigation <br />Monitoring Program per the California Environmental Quality Act (CEQA). <br />Structures up to Sixty (60) Feet in Height Are Permitted in the IG Zoning <br />District and a Variance to Height Is Required for Exceeding 60 Feet. The <br />Proposed Turbine Would Be an Accessory Use to the Primary <br />Manufacturing/Research and Development Use of the Site; 2539 Grant <br />Avenue; Alameda County Assessor’s Parcel Numbers 80G-910-15; L. Rigaud, <br />Halus Power Systems (Applicant and Property Owner) <br />SUMMARY AND RECOMMENDATIONS <br />The Board of Zoning Adjustments (BZA) at its February 7 meeting approved this project, <br />PLN2012-00006, by acting on two resolutions: one adopted the Mitigated Negative <br />Declaration and the Mitigation Monitoring Program; and the other approved the Variance to <br />exceed the 60 foot maximum allowable height, to a maximum of 100 feet, subject to the <br />recommended findings and recommended conditions of approval. Actions by the BZA are final <br />unless appealed to the City Council within 15 days of the action (Zoning Code Section 5-2804 <br />A.). <br />On February 21 the Heron Bay Homeowners Association filed an appeal to the BZA’s <br />approval (see Attachment 1). The appeal was given case number PLN2013-00009. The <br />matter was scheduled for April 1, 2013 (39 days) as an appeal, which will be a public hearing <br />before the City Council acting as the appellate body. An appeal must be heard within 45 days <br />of the City’s receipt of the appeal (Zoning Code Section 5-2808 A.). <br />Page 1 City of San Leandro Printed on 3/26/2013