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City of San Leandro <br />Meeting Date: June 16, 2014 <br />Resolution - Council <br />Agenda Section:File Number:14-243 CONSENT CALENDAR <br />Agenda Number: <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:RESOLUTION Setting Aside and Vacating City Council Resolution No . <br />2013-043 that Affirmed the Board of Zoning Adjustments’ Decision to Adopt <br />the Mitigated Negative Declaration and Mitigation Monitoring Program Project <br />and Approving a Height Variance as Set Forth in Board of Zoning Adjustments <br />(“BZA”) Resolution No. 01-13 Adopting the Mitigated Negative Declaration and <br />Mitigation Monitoring Program Project for the Halus Power Systems Wind <br />Turbine Project (“The “Project”) Pursuant to the California Environmental <br />Quality Act (“CEQA”); and BZA Resolution No. 02-13 Approving a Height <br />Variance for the Project Pursuant to the City of San Leandro’s Zoning Code ; <br />and Prohibiting Halus from Undertaking and/or Suspending Any Construction <br />of the Project or Any Activity Pursuant to or in Reliance on the Vacated Project <br />Approvals (Board of Zoning Adjustments Resolution Nos . 01-13, 02-13, and <br />City Council Resolution No. 2013-043) Unless and Until the City Fully <br />Complies with CEQA; All in Accordance with a Peremptory Writ of Mandate <br />Issued by the Alameda County Superior Court (complies with writ of mandate) <br />WHEREAS, an application was received from Halus Power Systems (“Halus”) for a <br />proposed development project (“Project”) that included building a 100-foot tall single wind <br />turbine on its property on an industrial site; and <br />WHEREAS, the City of San Leandro processed the application in accordance with <br />applicable laws and procedures and the application was reviewed and considered by the <br />City’s Board of Zoning Adjustments (“BZA”); and <br />WHEREAS, on February 7, 2013, the BZA adopted Resolution No. 01-13, adopting a <br />Mitigated Negative Declaration and Mitigation Monitoring Program for the Halus Wind Turbine <br />Application; and <br />WHEREAS, on February 7, 2013, the BZA adopted BZA Resolution No . 02-13 approving a <br />Height Variance for the Halus Wind Turbine Project ; and <br />Page 1 City of San Leandro Printed on 6/10/2014