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File Number: 13-138 <br />MND was required pursuant to CEQA Guidelines . <br />The Board of Zoning Adjustments reviewed the draft revised MND , including the comments <br />and responses, at a noticed public hearing on February 7, 2013 at which time all interested <br />parties had the opportunity to be heard. Following the public hearing, the Board of Zoning <br />Adjustments adopted Resolution No. 01-13, adopting the revised MND and Mitigation <br />Monitoring Program, and Resolution No.02-13, approving the height variance subject to <br />conditions. <br />The Heron Bay Homeowners Association (HOA) filed a timely appeal of the Board of Zoning <br />Adjustments’ approvals on February 21, 2013. The appeal repeats the HOA’s position that an <br />Environmental Impact Report (EIR) should be prepared for the Project and references the <br />HOA’s prior comments on the draft revised MND . At the April 1, 2013 meeting, the appeal will <br />be heard by the City Council. <br />Board Review and Actions <br />The Board of Zoning Adjustments reviewed this application at its meeting on February 7, <br />2013. At the conclusion of the public hearing, the Board approved the variance, and MND and <br />MMP. The Findings of Fact for approval is attached to this report and included in Resolution <br />No. 02-13 as Exhibit B. The BZA motion to approve the MND and the MMP included a revision <br />to Mitigation Monitoring Measure # 1a for a qualified Wildlife Biologist to conduct a <br />pre-construction survey of raptors and nesting birds one week before initiation of construction <br />and it added Mitigation Monitoring Measure # 1i where the turbine may not operate in heavy <br />or dense fog. The MND, MMP and conditions of approval have been amended accordingly . <br />In addition, this report mentioned earlier that further review of existing site conditions in the <br />surrounding vicinity showed that there are existing large trees on property owned by PG&E <br />adjacent to the Project site that pose as an obstruction to wind coming from the southwesterly <br />direction toward the turbine. The variance is also necessary so that the turbine is constructed <br />taller than the existing trees in order to have access to greater wind speeds so that the turbine <br />can operate properly and efficiently . <br />Summary of Public Outreach Efforts <br />On June 20, 2012 the applicant, City staff and City Councilperson Joyce Starosciak , attended <br />a Heron Bay HOA meeting. A majority of the comments from that meeting were in opposition <br />to the project and requested more information about the project. As a result of that meeting, <br />CEQA documents for the applicant’s Project were posted and maintained on the City’s <br />website. <br />Prior to the Board of Zoning Adjustments public hearing , the Notice of Availability and Intent to <br />Adopt a Mitigated Negative Declaration received a 30-day noticing period due to the Initial <br />Study and Mitigated Negative Declaration that was prepared. The methods used for providing <br />notice of the BZA public hearing for approval of the Variance and the Mitigated Negative <br />Declaration were the same methods used for the City Council public hearing regarding the <br />Appeal including a legal advertisement in the Daily Review Newspaper, the posting of <br />placards near the subject property on nearby utility poles, a mailed notification to property <br />owners and business owners within a 300-foot radius of the subject property, a mailed <br />notification to all of the property owners in the Heron Bay subdivision, and the property <br />owners within a 300-foot radius of the subject property in the unincorporated area. <br />Page 6 City of San Leandro Printed on 3/26/2013