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City of San Leandro <br />Meeting Date: December 19, 2016 <br />Resolution - Council <br />Agenda Section:File Number:16-675 PUBLIC HEARINGS <br />Agenda Number: <br />TO:City Council <br />FROM:Chris Zapata <br />City Manager <br />BY:Cynthia Battenberg <br />Community Development Director <br />FINANCE REVIEW:Not Applicable <br />TITLE:RESOLUTION of the City Council of the City of San Leandro Upholding the <br />Determination of the Board of Zoning Adjustments that Electric Fences are not <br />a Permitted Use Under the San Leandro Zoning Code <br />APL 16-003 <br />WHEREAS, Electric Guard Dog, LLC. (“Appellant”), on behalf of the property owner, <br />LBA CPT Industrial Co. V. LLC., applied for and was denied a building permit (B16-1483) to <br />construct an electric fence on an approximately 5 acre site located at 2371 Polvorosa Avenue, <br />zoned Industrial General (IG) ; and <br />WHEREAS, the City of San Leandro’s Zoning Code (the “Zoning Code”) operates <br />under the principles of permissive zoning. The Zoning Code specifies those land uses which <br />are permitted and includes special requirements, if any, applicable to specific uses; and <br />WHEREAS, it is a policy of the City’s General Plan to improve the visual appearance of <br />the City’s industrial areas by applying high standards of architectural design and landscaping <br />for new industrial development and the re-use or remodeling of existing industrial buildings; <br />and <br />WHEREAS, Zoning Code section 1-202(A) provides that “[t]he Zoning Code shall apply <br />to all land within the City of San Leandro, and to state or federal agencies, to the extent <br />applicable by law. Application of regulations to specific lots shall be governed by the zoning <br />map”; and <br />WHEREAS, Zoning Code section 1-202(C) states that “[n]o land shall be used, and no <br />structure shall be constructed, occupied, enlarged, altered, demolished or moved in any <br />zoning district, except in accord with the [Zoning Code]”; and <br />WHEREAS, Article 2 of the Zoning Code further states that “[w]here uncertainty exists <br />regarding the interpretation of any provision of this code or its application to a specific site, the <br />Page 1 City of San Leandro Printed on 12/13/2016