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File Number: 16-675 <br />Zoning Enforcement Official (“ZEO”) shall determine the intent of the provision”; and <br />WHEREAS, Article 21 of the Zoning Code states that “[t]o ensure that each new or <br />expanded use of a site and each new or expanded structure complies with this ordinance, a <br />zoning permit shall be required prior to issuance of a building permit”; and <br />WHEREAS, Article 21 of the Zoning Code further states that “the Zoning Enforcement <br />Official may determine that a specific use shall not be deemed to be within a classification if <br />its characteristics are substantially incompatible with those typical of uses named within the <br />classification”; and <br />WHEREAS, after reviewing the Appellant’s proposed building permit and evaluating the <br />applicable policies of the General Plan and provisions of the Zoning Code, including <br />provisions regulating fences, walls, and hedges as well as restrictions on the use of razor / <br />barbed wire, the ZEO made the determination that the building permit could not be issued due <br />to the fact that there are no provisions in the Zoning Code permitting the use of an electric <br />fence; and <br /> WHEREAS, the Appellant was notified of the disapproved building permit on August <br />25, 2016 and filed an appeal of the determination within the 15 day appeal period on <br />September 7, 2016, in accord with Article 28 of the San Leandro Zoning Code; and <br />WHEREAS, the Board of Zoning Adjustments held a duly noticed public hearing on <br />November 3, 2016, at which time all interested parties had the opportunity to be heard on the <br />Appeal; and <br />WHEREAS, on November 3, 2016, the Board of Zoning Adjustments considered the <br />determination made by the ZEO and, after hearing arguments made by and on behalf of the <br />Appellant, the staff report, and all other testimony and evidence presented at the public <br />hearing, unanimously approved Resolution 2016-001 upholding the determination of the ZEO; <br />and <br />WHEREAS, the Appellant filed an appeal of the Board of Zoning Adjustment’s <br />determination within the 15 day appeal period with the City Clerk on November 16, 2016, in <br />accord with Article 28 of the San Leandro Zoning Code; and <br />WHEREAS, the City Council held a duly noticed public hearing on December 19, 2016, <br />regarding the subject appeal; and <br />WHEREAS, on December 19, 2016, the City Council, after consideration of all <br />arguments made by and on behalf of the Appellant, the staff report, and all other testimony <br />and evidence presented at the public hearing, declared its intent to deny the appeal and <br />uphold the determination of the Board of Zoning Adjustments that electric fences are not a <br />permitted use under the San Leandro Zoning Code. <br />NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as <br />follows: <br />Page 2 City of San Leandro Printed on 12/13/2016