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File #: 13-141    Version: 1 Name: Appeal of Halus Variance Approval
Type: Resolution - Council Status: Passed
In control: City Council
Meeting Date: 4/1/2013 Final action: 4/1/2013
Enactment date: 4/1/2013 Enactment #: Reso 2013-043
Title: ADOPT: Resolution Affirming the Board of Zoning Adjustments Decisions 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 Appeal, Case Number PLN2013-00009
Sponsors: Cynthia Battenberg
Related files: 13-138, 21-065, 21-066
Title
ADOPT: Resolution Affirming the Board of Zoning Adjustments Decisions 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 Appeal, Case Number PLN2013-00009

Body
WHEREAS, Halus Power Systems (Applicant) proposes to construct a single wind turbine on an approximately 4.7 acre site at 2539 Grant Avenue. The turbine structure would include an 80 foot tall pole, the turbine mounted on top of the pole, and three blades with a diameter of 20 feet each, making it 100 feet tall at the top rotation point. The base of the structure would be approximately six feet in diameter and taper to three feet in diameter at the top and attachment of the turbine. The proposed use is permitted by right, however the height exceeds zoning ordinance standards; therefore, the Applicant has requested a variance from the height standards. The proposal, case number PLN2012-00006, is referred to herein as the Project; and

WHEREAS, the Project site is a flag-shaped lot on the north side of Grant Avenue, zoned IG-Industrial General, and developed with a warehouse and outdoor storage of equipment and turbine structures. To the north of the Project site are the San Lorenzo Creek flood control channel and the Heron Bay residential development. Existing developed industrial sites are south, east and west of the site; and

WHEREAS, the Board of Zoning Adjustments approved the Project on February 7, 2013, as further set forth in attached Resolution 02-13 (Attachment 1, incorporated herein by reference) and adopted a related Mitigated Negative Declaration (MND or revised MND) and Mitigation Monitoring Program, as further set forth in Resolution 01-13 (Exhibit A of Resolution 02-13); and

WHEREAS, the Heron Bay Homeowners Association (HOA) filed a timely appeal of the Board of Zoning Adjustments decisions to the City Council on February 21, 2013,...

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