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City of San Leandro <br />Meeting Date: June 16, 2014 <br />Staff Report <br />Agenda Section:File Number:14-242 CONSENT CALENDAR <br />Agenda Number:8.F. <br />TO:City Council <br />FROM:Chris Zapata <br />City Manager <br />BY:Rich Pio Roda <br />City Attorney <br />FINANCE REVIEW:Not Applicable <br />TITLE:Staff Report for a Resolution Vacating Approvals of Resolution No . 01-13, <br />02-13, 2013-043 and Suspending and/or Refraining from Undertaking Any <br />Construction Pursuant to or in Reliance on the Vacated Project Approvals <br />(Halus Power Systems) <br />SUMMARY AND RECOMMENDATION <br />Staff recommends that the City Council approve a resolution rescinding prior approval of : <br />Board of Zoning Adjustments Resolution 01-13 adopting the Mitigated Negative Declaration <br />and Mitigation Monitoring Program Project for the Halus Power Systems Wind Turbine project <br />(the "Project") pursuant to the California Environmental Quality Act ("CEQA”); Board of Zoning <br />Adjustments Resolution 02-13 approving a height variance for the Project pursuant to the City <br />of San Leandro's Zoning Code; and City Council Resolution 2013-043 affirming the Board of <br />Zoning Adjustments’ decision to adopt the Mitigated Negative Declaration and Mitigation <br />Monitoring Program for the Project and approve a height variance. The Resolution further <br />advises the City to order Halus to suspend or refrain from undertaking any construction of the <br />“Project” or any activity pursuant to or in reliance on the vacated “Project” approvals <br />(Resolution Nos. 01-13, 02-13, and 2013-043) unless and until the City fully complies with <br />CEQA pursuant to the Statement of Decision and Peremptory Writ of Mandate issued by the <br />Alameda County Superior Court. <br />BACKGROUND AND ANALYSIS <br />Halus Power Systems (“Halus”) owns an approximately 5-acre property in an existing <br />industrial site located in the City of San Leandro where it manufacturers wind turbines used to <br />generate electricity. On February 28, 2012, Halus applied for permission to build a 100-foot <br />tall single wind turbine on its property at the industrial site. Between February 28, 2012 and <br />May 21, 2012, the City conducted an Initial Study taking note of impacts. The City’s Board of <br />Zoning Adjustments (“BZA”) considered the Project and adopted the Mitigated Negative <br />Declaration for the Project through the adoptions of Board of Zoning Adjustments Resolution <br />Nos. 01-13 and 02-13 on February 7, 2013. Following an appeal by the Heron Bay <br />Page 1 City of San Leandro Printed on 6/10/2014