Title
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 (complies with writ of mandate)
Body
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 Boar...
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