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File Number: 13-138 <br />Recommendation: <br />The Board of Zoning Adjustments and staff recommend that the City Council adopt and <br />approve the attached Resolution to deny the appeal and affirm the BZA’s actions : <br />1.To adopt the Mitigated Negative Declaration and the Mitigation Monitoring Program ; <br />2.To approve the Variance to exceed the 60 foot maximum allowable height, to a <br />maximum of 100 feet, subject to the recommended findings and recommended <br />conditions of approval; and <br />3.To determine there was no prejudice to the Board of Zoning Adjustments’ actions on <br />the application. <br />BACKGROUND <br />The applicant proposed to construct an 80-foot tall, single wind turbine where the blades will <br />extend an additional 20 feet from the structure for a maximum height of 100 feet. <br />An avian study was performed and due to various existing and operational conditions, and <br />types of species of birds and bats, the proposed single wind turbine poses a low potential risk <br />to them. <br />Noise levels for the proposed wind turbine are anticipated to not exceed 55 decibels Adjusted <br />(dBA); the residences to the north are greater than 500 feet from the turbine and at this <br />distance the turbine operation would have no audible tones or impulses. <br />An evaluation to analyze potential shadows on the homes and residents to the north and <br />northwest of the site was performed. The study determined that the project would cast no <br />shadows on the residences throughout the year. <br />The proposed wind turbine will be located on a monopole in the interior of the site and in an <br />area that is already developed with industrial buildings and uses. Although the proposed <br />project requires a variance to height, the 100 foot tall turbine with large setbacks from <br />residences and public open spaces would not have any impact on immediate adjacent <br />properties, persons and avian species. <br />The Heron Bay Homeowners Association c /o A. Alan Berger, attorney, are the appellants. <br />They have listed three reasons for the appeal: 1) The appellant argues that the BZA <br />improperly and illegally granted a variance to Halus for the 100 foot tall wind turbine based on <br />a Mitigated Negative Declaration; 2) That the approval of the height variance by the BZA was <br />not and is not supported by Required Findings; and 3) That there was possible prejudice to <br />the BZA as a result of the statements of one BZA member prior to the public hearing , to wit: <br />Ms. Janet Palma. (See Attachment2). <br />BZA Resolution No. 01-13 that adopted the Mitigated Negative Declaration (MND) and the <br />Mitigation Monitoring Program (MMP) for the Halus wind turbine cites the chronology of the <br />various facts and the review process for the MND (see Attachment 3). Staff carefully reviewed <br />and addressed the extensive comments about the project. In the end, the BZA found that the <br />Project, as mitigated, would avoid or reduce the potentially significant biological, geological <br />and airport hazard impacts to a point where clearly no significant effects would occur , and <br />there is no substantial evidence that the Project as mitigated may have a significant effect on <br />the environment. <br />Page 2 City of San Leandro Printed on 3/26/2013