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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2017-009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LEANDRO UPHOLDING THE DETERMINATION OF THE BOARD OF ZONING ADJUSTMENTS THAT ELECTRIC FENCES ARE NOT A PERMITTED USE UNDER THE SAN LEANDRO ZONING CODE APL 16-003 The City Council of the City of San Leandro does RESOLVE as follows: WHEREAS, Electric Guard Dog, LLC. ("Appellant"), on behalf of the property owner, LBA CPT Industrial Co. V. LLC., applied for and was denied a building permit (1316-1483) to construct an electric fence on an approximately 5 acre site located at 2371 Polvorosa Avenue, zoned Industrial General (IG) ; and WHEREAS, the City of San Leandro's Zoning Code (the "Zoning Code") operates under the principles of permissive zoning. The Zoning Code specifies those land uses which are permitted and includes special requirements, if any, applicable to specific uses; and WHEREAS, it is a policy of the City's General Plan to improve the visual appearance of the City's industrial areas by applying high standards of architectural design and landscaping for new industrial development and the re -use or remodeling of existing industrial buildings; and WHEREAS, Zoning Code section 1-202(A) provides that "[t]he Zoning Code shall apply to all land within the City of San Leandro, and to state or federal agencies, to the extent applicable by law. Application of regulations to specific lots shall be governed by the zoning map"; and WHEREAS, Zoning Code section 1-202(C) states that "[n]o land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished or moved in any zoning district, except in accord with the [Zoning Code]"; and WHEREAS, Article 2 of the Zoning Code further states that "[w]here uncertainty exists regarding the interpretation of any provision of this code or its application to a specific site, the Zoning Enforcement Official ("ZEO") shall determine the intent of the provision"; and WHEREAS, Article 21 of the Zoning Code states that "[t]o ensure that each new or expanded use of a site and each new or expanded structure complies with this ordinance, a zoning permit shall be required prior to issuance of a building permit"; and WHEREAS, Article 21 of the Zoning Code further states that "the Zoning Enforcement Official may determine that a specific use shall not be deemed to be within a classification if its characteristics are substantially incompatible with those typical of uses named within the classification"; and WHEREAS, after reviewing the Appellant's proposed building permit and evaluating the applicable policies of the General Plan and provisions of the Zoning Code, including provisions regulating fences, walls, and hedges as well as restrictions on the use of razor / barbed wire, the RESOLUTION NO. 2017-009