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File Number: 13-138 The BZA Findings (see Attachment 3) included that a lower height is not a viable option in operating the turbine and that the intention of the variance to gain height is to resolve a practical difficulty to effectively operate the turbine . These statements are based on the fact that wind speeds increase with height, thus the turbine needs to be mounted on a pole. In general, the higher the pole, the more efficient the turbine can operate and the more power the wind system can produce. Further analysis of existing site conditions in the vicinity and site visits to the project area showed that there are existing obstructions in the southwesterly direction from the turbine on property owned by PG&E. Approximately 280 to 400 feet from the turbine are various groupings of tall trees (i.e., acacias and eucalyptuses). These are broadleaf evergreen trees that are approximately 40 to 65 feet tall with large canopies. Their canopies will continue to grow in height and width. The existing trees create a special circumstance in that their physical location and size would obstruct the southwesterly on-shore winds without the height variance for the turbine. The City disagrees with the claim that Board member Janet Palma biased the Board of Zoning Adjustments’ actions regarding this matter . As provided in Ms. Palma’s letter dated February 6, 2013 (see Attachment 2) which was in reply to Mr. Berger’s letter of February 5, 2013, she disputed all accusations that were stated in his letter. Ms. Palma did not attend the BZA meeting either as a member of the BZA or as a member of the public in the audience ; thus it is the City’s opinion that she had no influence over the BZA members that attended the meeting, and who deliberated and acted on the matter. The proposed facility is not anticipated to produce low-frequency sound effects . At the Board of Zoning Adjustments hearing on February 7, 2013, the City received a letter from Howard Beckman commenting on the Project Variance application . Although the letter did not mention the revised MND and was submitted more than two months after the close of the public review period, it included comments on noise issues. Since noise was an important feature of the revised MND, the City reviewed the comments carefully. Review of the research cited in the letter showed that the research paper Mr. Beckman submitted with the letter limits its discussion to wind turbines taller than 50 meters (164 feet tall) or from 0.75MW (megawatt) to 2MW. The Halus facility is 100 feet tall and projected to generate 0.05MW, which are below these specifications. Thus it is not anticipated that the project will pose low-frequency sound effects . Also, the letter does not show how the referenced Denmark regulations are relevant to the project circumstances. And although asserting that low-frequency noise is a regulatory concern, the comments cite to no applicable regulations. By contrast, the revised MND and Project information show compliance with all applicable General Plan noise element requirements. In addition, there were no comments of concern received about low-frequency air pressure or sound effects from the Federal Aviation Administration (FAA) or any other State or local agency. Based on its review, the City has determined that the letter does not meet any of the triggers for recirculating the revised MND per CEQA Guidelines section 15073.5. Further, the comments in the letter are not based on facts as related to the Project and are not substantial evidence of the potential for a significant noise impact. The letter provides no grounds for changing the revised MND conclusion that the Project will have a less than significant noise impact. Current Agency Policies Zoning Code Section 5-2808 Procedures for Appeals provides that at an appeal hearing , the appellate body shall consider only the same application, plans, and related project materials that were the subject of the original decision and only the issue(s) raised by the appeal or the Page 3 City of San Leandro Printed on 3/26/2013