3B Public Hearing 2013 0401 - Laserfiche WebLink

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File Number: 13-138 They include local green/high tech jobs, research and development investment that has the potential to increase sales of new products, which would translate into increased City sales tax revenues, and compliance with state and local mandated policies which promote green/wind energy projects to reduce greenhouse gas emissions, reduce dependence on foreign energy sources and reduce the overall consumption of fossil fuels. Variance Granted Structures covering not more than 10 percent of the ground area covered by the structure may exceed the maximum permitted height in the district where the site is located by no more than 10 feet (Zoning Code Section 4-1658). In the IG District, the maximum permitted height is 50 feet (Zoning Code Section 2-734 C.); thus the maximum permitted height is 60 feet tall. The proposed structure exceeds the 60 foot maximum height limit that the Zoning Code permits in the IG Industrial District. The maximum height for the proposed turbine is 100 feet; the variance that was granted by the BZA exceeds the maximum height limit by 40 feet. Environmental Review The City prepared an Initial Study consistent with CEQA Guidelines section 15063 and determined that a Mitigated Negative Declaration was required for the Project. Based on the Initial Study, the City prepared a Mitigated Negative Declaration (MND) dated May 22, 2012, which was circulated for public review for the required 30-day period. Following a meeting between the applicant and the Heron Bay Homeowners Association on June 20, 2012, the City, with the applicant’s approval , extended the public review period for an additional 40 days, to July 31, 2012. Based on the feedback from the June 20, 2012 meeting and written public comments that were submitted on the MND, the City determined that additional information was needed for the Project. The City prepared a revised MND, dated October 11, 2012, that provided further analysis on the potential for environmental impacts from implementation of the Project including avian and shadow analysis by ESA, an environmental consulting firm. The revised MND superseded the first MND and was circulated for public review for the required 30-day period, ending November 13, 2012. The City received extensive comments on the revised MND from the Heron Bay Homeowners Association through its attorney, including a report from Paul Taylor , as well as comments from the President of the Association . Mr. Taylor was identified by the attorney as an environmental expert. Comments were also received from individuals, including residents of Heron Bay. No comments were received from any public agency during the comment period. Although not required by CEQA, the City prepared written responses to all of the comments on the revised MND in the Responses to Comments document (included in Attachment 3) posted on the City’s website on January 29, 2013. These responses reflect the City’s good faith analysis of the issues raised by the comments. The Responses to Comments do not address any of the comments on the first MND as that MND was superseded and is no longer under consideration. The Responses to Comments includes all of the comment letters received during the public review period and the City’s responses to them . The City carefully reviewed the comments, provided written responses and determined that the comments did not constitute or require substantial revisions to the revised Mitigated Negative Declaration. On these bases, the City determined that no recirculation of the revised Page 5 City of San Leandro Printed on 3/26/2013