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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2013-043 RESOLUTION AFFIRMING THE BOARD OF ZONING ADJUSTMENTS DECISIONS TO ADOPT A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM AND TO APPROVE A HEIGHT VARIANCE FOR THE HALUS WIND TURBINE APPLICATION AND DENYING THE HERON BAY HOMEOWNERS ASSOCIATION APPEAL, CASE NUMBER PLN2013-00009 WHEREAS, Halus Power Systems (Applicant)proposes to construct a single wind turbine on an approximately 4.7 acre site at 2539 Grant Avenue. The turbine structure would include an 80 foot tall pole,the turbine mounted on top of the pole, and three blades with a diameter of 20 feet each, making it 100 feet tall at the top rotation point. The base of the structure would be approximately six feet in diameter and taper to three feet in diameter at the top and attachment of the turbine. The proposed use is permitted by right, however the height exceeds zoning ordinance standards; therefore,the Applicant has requested a variance from the height standards. The proposal, case number PLN2012-00006, is referred to herein as the Project; and WHEREAS,the Project site is a flag-shaped lot on the north side of Grant Avenue, zoned IG-Industrial General, and developed with a warehouse and outdoor storage of equipment and turbine structures. To the north of the Project site are the San Lorenzo Creek flood control channel and the Heron Bay residential development. Existing developed industrial sites are south, east and west of the site; and WHEREAS,the Board of Zoning Adjustments approved the Project on February 7, 2013, as further set forth in attached Resolution 02-13 (Attachment 1, incorporated herein by reference) and adopted a related Mitigated Negative Declaration(MND or revised MND) and Mitigation Monitoring Program, as further set forth in Resolution 01-13 (Exhibit A of Resolution 02-13); and WHEREAS,the Heron Bay Homeowners Association(HOA) filed a timely appeal of the Board of Zoning Adjustments decisions to the City Council on February 21, 2013, which appeal is incorporated herein by reference. The appeal is based on 3 specified grounds: 1) an Environmental Impact Report should have been prepared rather than the MND, 2) approval of the height variance was not supported by required findings, and 3)possible prejudice to the Board of Zoning Adjustments; and WHEREAS, a staff report, dated April 1, 2013 and incorporated herein by reference, described and analyzed the MND,the Project, the Board of Zoning Adjustments approvals, and the appeal; and WHEREAS,the staff report recommended that the City Council affirm the Board of Zoning Adjustments decisions, and further recommended an additional variance finding to