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ZEO made the determination that the building permit could not be issued due to the fact that there <br />are no provisions in the Zoning Code permitting the use of an electric fence; and <br />WHEREAS, the Appellant was notified of the disapproved building permit on August 25, <br />2016 and filed an appeal of the determination within the 15 day appeal period on September 7, <br />2016, in accord with Article 28 of the San Leandro Zoning Code; and <br />WHEREAS, the Board of Zoning Adjustments held a duly noticed public hearing on <br />November 3, 2016, at which time all interested parties had the opportunity to be heard on the <br />Appeal; and <br />WHEREAS, on November 3, 2016, the Board of Zoning Adjustments considered the <br />determination made by the ZEO and, after hearing arguments made by and on behalf of the <br />Appellant, the staff report, and all other testimony and evidence presented at the public hearing, <br />unanimously approved Resolution 2016-001 upholding the determination of the ZEO; and <br />WHEREAS, the Appellant filed an appeal of the Board of Zoning Adjustment's <br />determination within the 15 day appeal period with the City Clerk on November 16, 2016, in <br />accord with Article 28 of the San Leandro Zoning Code; and <br />WHEREAS, the City Council held a duly noticed public hearing on February 6, 2017, <br />regarding the subject appeal; and <br />WHEREAS, on February 6, 2017, the City Council, after consideration of all arguments <br />made by and on behalf of the Appellant, the staff report, and all other testimony and evidence <br />presented at the public hearing, declared its intent to deny the appeal and uphold the determination <br />of the Board of Zoning Adjustments that electric fences are not a permitted use under the San <br />Leandro Zoning Code. <br />NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as <br />follows: <br />A. The San Leandro Zoning Code operates under the principles of permissive zoning. Electric <br />fences are not a use listed or permitted in the San Leandro Zoning Code as provided in <br />Zoning Code Article 2 Sections 1-202(A) and 1-202(C). Zoning Code Section 1-202(C) <br />clearly provides that "[n]o land shall be used and no structure shall be constructed, <br />occupied, enlarged, altered, demolished or moved in any zoning district, except in accord <br />with the provisions of this code..." <br />B. Electric fences are not stated as a permitted use or fencing material in the San Leandro <br />Zoning Code and are therefore not eligible for consideration of a Fence Modification <br />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 an <br />electric fence. <br />RESOLUTION NO. 2017-009 2 <br />