Heron Bay Homeowners Ass'n v. City of San Leandro
Opinion
lead Opinion
Rivera, J.
*379 Real parties in interest Halus Power Systems and Louis A. Rigaud individually and dba Halus Power Systems (collectively, Halus Power), appeal from the trial court's post-judgment order granting in part plaintiff Heron Bay Homeowners Association's (Heron Bay HOA's)
*380 motion for attorneys' fees pursuant to Code of Civil Procedure 1 section 1021.5. Defendant City of San Leandro (San Leandro) also appeals and joins in all arguments presented in Halus Power's opening and reply briefs. For reasons stated below, we affirm the order.
I. BACKGROUND
A. Facts
San Leandro is located in the San Francisco Bay. Halus Power owned an approximately five-acre parcel in an industrial zone in San Leandro, where it designed, manufactured, and remanufactured wind turbines used to generate electricity. It proposed to install a single 100-foot-tall wind turbine on its property to generate renewable energy for its business and conduct on-site research and development. To *888 do so, it sought a variance from zoning restrictions on height.
The California Environmental Quality Act ( Pub. Resources Code, § 21000 et seq. ) (CEQA) "requires that a public agency determine whether a project may have…