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File Number: 14-243 <br />WHEREAS, on April 1, 2013, the City Council adopted Resolution No. 2013-043 affirming <br />the Board of Zoning Adjustments’ Decision to Adopt a Mitigated Negative Declaration and <br />Mitigation Monitoring Program and to Approve a Height Variance for the Halus Wind Turbine <br />Application and denying the Heron Bay Homeowners Association’s Appeal ; and <br />WHEREAS, on May 1, 2013, Heron Bay Homeowners Association challenged the City’s <br />adoption of a Mitigated Negative Declaration and Mitigation Monitoring program, and approval <br />of a height variance to allow a 100-foot tall horizontal axis wind turbine (the “Project") by filing <br />a writ of mandate in the Alameda Superior Court ; and <br />WHEREAS, on April 24, 2014, the Alameda County Superior Court issued a peremptory <br />writ of mandate commanding the City to set aside and vacate BZA Resolution Nos . 01-13 and <br />02-13, and City Council Resolution No. 2013-043 as well as any and all previously adopted <br />Project approvals and findings; and <br />WHEREAS, the City Council, acting as the governing body of the City of San Leandro, <br />shall exercise its police power over its subordinate boards and commissions, to take all <br />actions in the best interests of the City, and as ordered by a State Court having jurisdiction <br />over the City. <br />NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of <br />San Leandro: <br />1.Through the exercise of its police power, in compliance with the peremptory writ of <br />mandate issued by the Alameda County Superior Court , sets aside and vacates: <br />a.Board of Zoning Adjustments Resolution No . 01-13 adopting the Mitigated Negative <br />Declaration and Mitigation Monitoring Program Project for the Halus Power Systems Wind <br />Turbine project pursuant to the California Environmental Quality Act ("CEQA”); and <br />b.Board of Zoning Adjustments Resolution No . 02-13 approving a height variance for the <br />Project pursuant to the City of San Leandro's Zoning Code; and <br />c.City Council Resolution No. 2013-043 affirming the Board of Zoning Adjustments’ <br />decision to adopt the Mitigated Negative Declaration and Mitigation Monitoring Program <br />Project and approve a height variance. <br />2. In compliance with the peremptory writ of mandate issued by the Alameda County <br />Superior Court, hereby prohibits Halus from undertaking any construction of the “Project” or <br />any activity pursuant to or in reliance on the vacated “Project” approvals (BZA Resolution Nos. <br />01-13, 02-13, and City Council Resolution No. 2013-043) unless and until the City fully <br />complies with CEQA as set forth in the Judgment and Statement of Decision . <br />3. Directs the City Attorney to file a return to the peremptory writ of mandate issued by the <br />Alameda County Superior Court, demonstrating the City's compliance with the writ. <br />Page 2 City of San Leandro Printed on 6/10/2014