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<br />IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br /> <br />ORDINANCE NO. 2006-003 <br /> <br />(2074/3075) <br /> <br />AN ORDINANCE AMENDING <br />ARTICLE 16, SECTION 4-1682 OF THE SAN LEANDRO ZONING CODE <br />REGARDING PERMITTED FENCE HEIGHT IN CORNER SIDE YARDS IN SINGLE- <br />FAMILY AND DUPLEX DISTRICTS (RO, RS, RS-40, RS-VP, AND RD DISTRICTS) <br /> <br />RECITALS <br /> <br />A. In the past two years, staff has processed 22 applications for Fence Modifications, <br />12 of which were for over-height fences in the side yard of comer lots. This has impacted staffs <br />work load and ability to process all applications in a timely manner. <br /> <br />B. Given the large number of applications, the Zoning Enforcement Official, in <br />consultation with the Engineering & Transportation Department, has developed a template used <br />to review and either approve or deny Fence Modification applications. <br /> <br />C. Owners of comer lots that have a substandard lot width should not be treated <br />differently from owners of standard-width comer lots, in terms of being able to fence a portion of <br />their property for privacy and use of limited open space available, as long as sight line issues are <br />not exacerbated. <br /> <br />D. This Ordinance does not itself approve or allow the construction of any project <br />and, therefore, has no potential for resulting in physical change in the environment, directly or <br />ultimately. Therefore, adoption of this Ordinance is exempt from environmental review under the <br />California Environmental Quality Act pursuant to Public Resources Code section 21065 based <br />on the finding that this Ordinance is not a "project" within the meaning of Section 15378 of the <br />State CEQA Guidelines. <br /> <br />NOW, THEREFORE, the City Council of the City of San Leandro does ORDAIN as <br />follows: <br /> <br />Section 1. <br /> <br />Findings. <br /> <br />The City Council of the City of San Leandro does hereby find as follows. <br /> <br />(A) The General Plan (Policy 1.07) states that fences in residential <br />neighborhoods should meet high aesthetic and safety standards, should not obstruct vehicle sight <br />lines, should be compatible with the architectural design of nearby structures, and should make a <br />positive contribution to the character of the neighborhood. The proposed changes to the Zoning <br />Code would be in keeping with this policy of the General Plan. <br /> <br />(B) The template devised by the Zoning Enforcement Official addresses <br />