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