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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2014-064 RESOLUTION SETTING ASIDE AND VACATING CITY COUNCIL RESOLUTION NO. 2013-043 THAT AFFIRMED THE BOARD OF ZONING ADJUSTMENTS' DECISION TO ADOPT THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM PROJECT AND APPROVING A HEIGHT VARIANCE AS SET FORTH IN BOARD OF ZONING ADJUSTMENTS ("BZA") RESOLUTION NO. 01-13 ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM PROJECT FOR THE HALUS POWER SYSTEMS WIND TURBINE PROJECT ("THE"PROJECT") PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA"); AND BZA RESOLUTION NO. 02-13 APPROVING A HEIGHT VARIANCE FOR THE PROJECT PURSUANT TO THE CITY OF SAN LEANDRO'S ZONING CODE; AND PROHIBITING HALUS FROM UNDERTAKING AND/OR SUSPENDING ANY CONSTRUCTION OF THE PROJECT OR ANY ACTIVITY PURSUANT TO OR IN RELIANCE ON THE VACATED PROJECT APPROVALS (BOARD OF ZONING ADJUSTMENTS RESOLUTION NOS. 01-13, 02-13, AND CITY COUNCIL RESOLUTION NO. 2013-043) UNLESS AND UNTIL THE CITY FULLY COMPLIES WITH CEQA; ALL IN ACCORDANCE WITH A PEREMPTORY WRIT OF MANDATE ISSUED BY THE ALAMEDA COUNTY SUPERIOR COURT WHEREAS, an application was received from Halus Power Systems ("Halus") for a proposed development project("Project")that included building a 100-foot tall single wind turbine on its property on an industrial site; and WHEREAS, the City of San Leandro processed the application in accordance with applicable laws and procedures and the application was reviewed and considered by the City's Board of Zoning Adjustments ("BZA"); and WHEREAS, on February 7, 2013,the BZA adopted Resolution No. 01-13, adopting a Mitigated Negative Declaration and Mitigation Monitoring Program for the Halus Wind Turbine Application; and WHEREAS, on February 7, 2013, the BZA adopted BZA Resolution No. 02-13 approving a Height Variance for the Halus Wind Turbine Project; and WHEREAS, on April 1, 2013,the City Council adopted Resolution No. 2013-043 affirming the Board of Zoning Adjustments' Decision 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's Appeal; and WHEREAS, on May 1, 2013, Heron Bay Homeowners Association challenged the City's adoption of a Mitigated Negative Declaration and Mitigation Monitoring program, and approval of a height variance to allow a 100-foot tall horizontal axis wind turbine (the"Project")by filing a writ of mandate in the Alameda Superior Court; and WHEREAS, on April 24, 2014, the Alameda County Superior Court issued a peremptory writ of mandate commanding the City to set aside and vacate BZA Resolution Nos. 01-13 and