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CONDITIONS OF APPROVAL PLN2012-00006 - 2539 Grant Avenue Louis Rigaud, Halus Power Systems (Applicant) MTLG LLC (Property Owner) COMPLIANCE WITH APPROVED PLANS A. The project shall comply with Exhibits A through C, dated February 7, 2013, except as hereinafter modified. (Exhibits are on file at the City of San Leandro, Community Development Department, 835 East 14th Street, San Leandro, California, 94577). Exhibit A— Site Plan Exhibit B—Aerial Photograph of Existing Site Conditions Exhibit C— Elevations B. The applicant and/or property owner shall be responsible for assuring that any successor in interest who assumes responsibility for this zoning approval is informed of its terms and conditions. C. Construction shall commence within one (1) year following Board of Zoning Adjustments approval of the Variance as affirmed by the City Council on appeal and shall be substantially completed one year after commencement of constriction. For the purpose of compliance with this condition, commencement of construction shall be defined as the pouring or construction of a substantial portion of the building foundation structure. Pursuant to Zoning Code Section 5- 2218, this approval shall lapse on April 1, 2014 unless a) a building permit has been issued, coupled with diligent progress evidencing good faith intent to commence the intended use, or b) a written request for a one-year extension of the use permit is approved by the Zoning Enforcement Official. II. PERMITTED USE A. This approval is for a Variance to permit construction of one 80-foot tall, single wind turbine where the blades will extend an additional 20 feet from the structure for a maximum height of 100 feet, where the maximum allowable height is 60 feet in the industrial districts; 2539 Grant Avenue; Alameda County Assessor's Parcel Number 80G-910-15. Solely one tower shall be permitted at the site. B. No application for amendment of the application or Conditions of Approval may be submitted or accepted for processing by the City unless (i) there is full compliance with all terms of the application and Conditions of Approval; or (ii) the Community Development Director waives compliance with the terms of the application because they are minor in content. C. Construction of the project shall remain in substantial compliance with the approved exhibits and plans. Any change to the project design, materials or colors Agreement to Conditions April 1, 2013 PLN20I2-00006 Page 3 of 7