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RESOLUTION NO. 16-001 <br />A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS <br /> OF THE CITY OF SAN LEANDRO <br /> <br /> <br />A RESOLUTION UPHOLDING THE DETERMINATION OF THE ZONING ENFORCEMENT OFFICIAL THAT ELECTRIC FENCES ARE NOT A PERMITTED USE <br />UNDER THE SAN LEANDRO ZONING CODE <br />APL16-003 <br /> WHEREAS, Electric Guard Dog LLC. (“Appellant”) applied for and was denied a building permit (B16-1483) to construct an electric fence on an <br />approximately 5 acre site located at 2371 Polvorosa Avenue zoned Industrial <br />General (IG) on behalf of the property owner, LBA CPT Industrial Co. V. LLC.; <br />and <br /> WHEREAS, the City of San Leandro’s Zoning Code (the “Zoning Code”) <br />operates under the principles of permissive zoning. The Zoning Code specifies <br />those land uses which are permitted and includes special requirements, if any, <br />applicable to specific uses; and <br /> WHEREAS, it is a policy of the City’s General Plan to improve the visual <br />appearance of the City’s industrial areas by applying high standards of <br />architectural design and landscaping for new industrial development and the re- <br />use or remodeling of existing industrial buildings; and <br /> WHEREAS, Zoning Code section 1-202(A) provides that “[t]he Zoning <br />Code shall apply to all land within the City of San Leandro, and to state or federal <br />agencies, to the extent applicable by law. Application of regulations to specific <br />lots shall be governed by the zoning map”; and <br /> WHEREAS, Zoning Code section 1-202(C) states that “[n]o land shall be <br />used, and no structure shall be constructed, occupied, enlarged, altered, <br />demolished or moved in any zoning district, except in accord with the [Zoning <br />Code]”; and WHEREAS, Article 2 of the Zoning Code further states that “[w]here <br />uncertainty exists regarding the interpretation of any provision of this code or its <br />application to a specific site, the Zoning Enforcement Official (“ZEO”) shall <br />determine the intent of the provision”; and WHEREAS, Article 21 of the Zoning Code states that “[t]o ensure that <br />each new or expanded use of a site and each new or expanded structure <br />16