File #: 13-138    Version: 1 Name: Appeal of Halus Variance Approval
Type: Staff Report Status: Filed
In control: City Council
Meeting Date: 4/1/2013 Final action: 4/1/2013
Enactment date: Enactment #:
Title: Staff Report for Matter of PLN2013-00009, an Appeal by the Heron Bay Homeowners Association c/o A. Alan Berger of the Board of Zoning Adjustments’ Approval on February 7, 2013 of PLN2012-00006, a Variance to Construct an 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 and the Adoption of the Related Mitigated Negative Declaration and Mitigation Monitoring Program per the California Environmental Quality Act (CEQA). Structures up to Sixty (60) Feet in Height Are Permitted in the IG Zoning District and a Variance to Height Is Required for Exceeding 60 Feet. The Proposed Turbine Would Be an Accessory Use to the Primary Manufacturing/Research and Development Use of the Site; 2539 Grant Avenue; Alameda County Assessor’s Parcel Numbers 80G-910-15; L. Rigaud, Halus Power Systems (Applicant and Property Owner)
Sponsors: Cynthia Battenberg
Attachments: 1. Halus Appeal by Heron Bay HOA 2-21-2013.pdf, 2. J Palma letter 2-6-2013.pdf, 3. BZA Resolution No 02-13.pdf, 4. Excerpts of the 2-7-13 BZA Meeting Minutes.pdf, 5. Vicinity Map.pdf, 6. Applicants Supporting Statement.pdf, 7. EBRPD recirc MND cmmts 01-31-13.pdf, 8. P Tong 1-28-2013.pdf, 9. H Beckman 2-7-2013.pdf, 10. Mission Bay Residents Petition 3-12-2013.pdf, 11. J Zhao 3-23-2013.pdf, 12. Exhibit A Site Plan.pdf, 13. Exhibit B Existing Site Conditions.pdf, 14. Exhibit C Elevations.pdf
Related files: 13-141, 21-066, 21-065
Title
Staff Report for Matter of PLN2013-00009, an Appeal by the Heron Bay Homeowners Association c/o A. Alan Berger of the Board of Zoning Adjustments’ Approval on February 7, 2013 of PLN2012-00006, a Variance to Construct an 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 and the Adoption of the Related Mitigated Negative Declaration and Mitigation Monitoring Program per the California Environmental Quality Act (CEQA). Structures up to Sixty (60) Feet in Height Are Permitted in the IG Zoning District and a Variance to Height Is Required for Exceeding 60 Feet. The Proposed Turbine Would Be an Accessory Use to the Primary Manufacturing/Research and Development Use of the Site; 2539 Grant Avenue; Alameda County Assessor’s Parcel Numbers 80G-910-15; L. Rigaud, Halus Power Systems (Applicant and Property Owner)

Staffreport
SUMMARY AND RECOMMENDATIONS

The Board of Zoning Adjustments (BZA) at its February 7 meeting approved this project, PLN2012-00006, by acting on two resolutions: one adopted the Mitigated Negative Declaration and the Mitigation Monitoring Program; and the other approved the Variance to exceed the 60 foot maximum allowable height, to a maximum of 100 feet, subject to the recommended findings and recommended conditions of approval. Actions by the BZA are final unless appealed to the City Council within 15 days of the action (Zoning Code Section 5-2804 A.).

On February 21 the Heron Bay Homeowners Association filed an appeal to the BZA’s approval (see Attachment 1). The appeal was given case number PLN2013-00009. The matter was scheduled for April 1, 2013 (39 days) as an appeal, which will be a public hearing before the City Council acting as the appellate body. An appeal must be heard within 45 days of the City’s receipt of the appeal (Zoning Code Section 5-2808 A.).

Recommendation:
The Board of Zoning Adjustments and staff recommend that the City Council ...

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