Laserfiche WebLink
File Number: 16-662 <br />2371 Polvorosa Drive and surrounding properties to the north, south, and west primarily <br />consist of warehouses and a manufacturing plant for building materials, zoned Industrial <br />General (IG). The adjacent property to the east consists of a single story office complex <br />housing SOS/Meals on Wheels, Bancroft Pediatrics Medical Group, Alameda Pharmacy, and <br />a number of small business offices, zoned Industrial Park (IP). <br />The building permit was routed for a plan check by the Building Division. After reviewing the <br />Appellant’s proposed building permit and evaluating the applicable Zoning Code provisions, <br />the Zoning Enforcement Official (ZEO) made the determination that the building permit could <br />not be issued due to the fact that there are no provisions in the Zoning Code permitting or <br />enabling the use of an electric fence. The Appellant was notified of the disapproved building <br />permit on August 25, 2016 and on September 7, 2016 filed a timely appeal of the ZEO <br />determination to the Board of Zoning Adjustments, all in accord with San Leandro Zoning <br />Code Section 5-2804(B). <br />The Board of Zoning Adjustments considered the appeal at its November 3, 2016 hearing and <br />voted to uphold the determination of the Zoning Enforcement Official (ZEO) through approval <br />of Resolution 2016-001 by unanimous vote (attached). The Appellant soon after filed an <br />appeal of the Board’s decision with the City Clerk on November 16, 2016 (attached). <br />This appeal was previously heard at the December 19, 2016 City Council meeting and <br />continued upon request from the Appellant. <br />Analysis <br />San Leandro’s Zoning Code operates under the principles of permissive zoning. The Zoning <br />Code is organized as an enabling legislation that identifies and regulates land uses permitted <br />within the City. This is the most practical approach for regulating land uses, since it is <br />impractical and infeasible for a zoning code to identify every possible use that may not be <br />permitted. <br />Uses that are not identified in the Zoning Code are not permitted. Article 2, Section 1-202 <br />clearly states that, “No land can be used, and no structure can be constructed, occupied, <br />enlarged, altered, demolished or moved in any zoning district, except in accord with the <br />Zoning Code.” <br />In situations where uncertainty exists regarding a particular Zoning Code regulation, the <br />Zoning Enforcement Official is granted the authority to interpret the Zoning Code. Article 2, <br />Section 1-206 of the Zoning Code provides that, “Where uncertainty exists regarding the <br />interpretation of any provision of this code or its application to a specific site, the Zoning <br />Enforcement Official shall determine the intent of the provision.” Applicants who disagree with <br />an interpretation of the ZEO are provided substantive and procedural due process through <br />specific Zoning Code provisions to file an appeal of the decision under Article 28. <br />In general, cities have broad latitude to interpret their own zoning codes. Courts will follow an <br />agency’s interpretation of its own laws and regulations unless such an interpretation is clearly <br />erroneous or unauthorized. Staff holds that the City satisfied all applicable legal requirements, <br />both substantively and procedurally, with respect to the Zoning Enforcement Official’s <br />determination, the processing of the Appellant’s appeal to the Board of Zoning Adjustments <br />Page 2 City of San Leandro Printed on 1/31/2017 <br />12