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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 Regulations (collectively, "CEQA"), the Board of Zoning Adjustments decision does not constitute a "project" within the meaning of Public 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 indirect physical change in the environment. Even if such activities did constitute a project under CEQA, staff believes the activities fall within the "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 effect on the environment..." E. The City Council 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 steel, razor or barbed wire fences, in that electric fences require an electric current and are designed differently than other types of fences, 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 warning signs and/or a second non -electrified fence. For these reasons, electric fences are aesthetically and functionally incompatible with the design and land use policies identified in the General Plan and the quality of fence design prevalent in the City. F. The foregoing determination that electric fences are not permitted under the Zoning Code is consistent with the express language and intent of the Zoning Code, and is consistent with the purpose of zoning districts and the General Plan because the determination promotes the general health, safety and welfare of the residents and preserves the character of neighborhoods in the City of San Leandro. Pursuant to the principles of permissive zoning, the use of electric fences is not a permitted use or activity of or upon land within the City of San Leandro, such that it is prohibited under the City's Zoning Code. Introduced by Councilmember Cox, seconded by Councilmember Ballew, passed and adopted this 6t' day of February 2017, by the following vote: Members of the Council: AYES: Councilmembers Ballew, Cox, Hernandez, Lee, Lopez, Thomas; (7) Mayor Cutter NOES: None (0) ABSENT: None (0) ATTEST: Tamika Greenwood, City Clerk RESOLUTION NO. 2017-009 3