Laserfiche WebLink
File Number: 16-675 <br />A.The San Leandro Zoning Code operates under the principles of permissive zoning. <br />Electric fences are not a use listed or permitted in the San Leandro Zoning Code as <br />provided in Zoning Code Article 2 Sections 1-202(A) and 1-202(C). Zoning Code <br />Section 1-202(C) clearly provides that “[n]o land shall be used and no structure shall be <br />constructed, occupied, enlarged, altered, demolished or moved in any zoning district, <br />except in accord with the provisions of this code...” <br />B.Electric fences are not stated as a permitted use or fencing material in the San <br />Leandro Zoning Code and are therefore not eligible for consideration of a Fence <br />Modification application under Article 16, Section 4-1682 of the Zoning Code. <br />C.Based upon the Record before the City Council, the City has not issued any permits for <br />an electric fence. <br />D.Pursuant to the California Environmental Quality Act of 1970, Public Resources Code <br />§21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, <br />Chapter 3 of the California Code of Regulations (collectively, “CEQA”), the Board of <br />Zoning Adjustments decision does not constitute a “project” within the meaning of <br />Public Resources Code Section 21065, 14 Cal Code Regs. Section 15060(c)(2), <br />15060(c)(3), or 15378 because it has no potential for resulting in either a direct physical <br />change in the environment, or a reasonably foreseeable indirect physical change in the <br />environment. Even if such activities did constitute a project under CEQA, staff believes <br />the activities fall within the “common sense” exemption set forth in 14 Cal. Code Regs. <br />Section 15061(b)(3), excluding projects where “it can be seen with certainty that there <br />is no possibility that the activity in question may have a significant effect on the <br />environment…” <br />E.The City Council finds that electric fences are substantially different from other types of <br />fences and fencing materials which are permitted and regulated under the Zoning <br />Code, such as tubular steel, razor or barbed wire fences, in that electric fences require <br />an electric current and are designed differently than other types of fences, consisting of <br />horizontal electrified wires which have a function and appearance that is substantially <br />different from other types of fences. Electric fences are not visually transparent and <br />may be accompanied by warning signs and/or a second non-electrified fence. For <br />these reasons, electric fences are aesthetically and functionally incompatible with the <br />design and land use policies identified in the General Plan and the quality of fence <br />design prevalent in the City. <br />F.The foregoing determination that electric fences are not permitted under the Zoning <br />Code is consistent with the express language and intent of the Zoning Code, and is <br />consistent with the purpose of zoning districts and the General Plan because the <br />determination promotes the general health, safety and welfare of the residents and <br />preserves the character of neighborhoods in the City of San Leandro. Pursuant to the <br />principles of permissive zoning, the use of electric fences is not a permitted use or <br />activity of or upon land within the City of San Leandro, such that it is prohibited under <br />the City’s Zoning Code. <br />Page 3 City of San Leandro Printed on 12/13/2016