Title
Second Reading and Adoption of an Ordinance Amending Various Chapters of the Zoning Code to Modify Regulations Pertaining to Fencing, Extend Entitlements for Qualified Projects, Replace References to the Board of Zoning Adjustments with the Planning Commission; and an Ordinance to Modify Various Chapters of the Municipal Code to Amend Regulations Pertaining to Private Property Maintenance, Mobile Food Vending, and Noise
Staffreport
COUNCIL PRIORITY
• Quality of Life
• Housing and Homelessness
SUMMARY
The two attached Ordinances were introduced on July 1, 2024, by a 4-1-2 vote (Councilmembers Aguilar, Bowen, Viveros-Walton and Mayor Gonzalez in support; Councilmember Ballew dissenting; Councilmember Azevedo and Vice-Mayor Simon absent) are presented for a second reading. The Ordinances would address the following:
Zoning Code Amendments
• Security Fencing. Modification of development standards related to fencing to provide property owners and business owners with a greater ability to secure their properties, while maintaining the visual character of the community.
• Extension of Entitlements. Extension of entitlements for previously approved development projects for two (2) years to grant additional time for construction to proceed.
• Replacement of “Board of Zoning Adjustments” with “Planning Commission”. Replacement of references to the “Board of Zoning Adjustments” with the “Planning Commission” based on the recent consolidation of the two advisory bodies in the Administrative Code.
Municipal Code Amendments
• Private Property Maintenance. Modifications to the Community Preservation Ordinance to provide clear and enforceable standards for the maintenance of commercial properties, multi-unit properties and vacant lots.
• Sidewalk Vending. Modification of mobile food vending regulations to comply with the requirements of Senate Bill (SB) 946, recent legislation aimed at decriminalizing sidewalk vending, which will clarify and enable enforcement of City standards.
• Noise Regulations. Modification of the Noise Ordinance to facilitate objective enforcement of disturbing, excessive and offensive noise.
In the motion to adopt, the Council modified the draft Ordinances as follows:
• Fencing regulations amended to add provisions related to electrified fencing and razor/barbed wire that were excluded from the Planning Commission’s recommendation.
• Fencing regulations amended to require that electrified fencing be subject to requirements of the 2006 international standards and specifications of the International Electrotechnical Commission for electric fence energizers in “International Standard IEC 60335, Part 2-76,” as may be amended.
• Fencing regulations amended to require a “Knox Box” for fences with razor/barbed wire.
• Community Preservation Ordinance amended to require walkways for commercial and multi-unit properties be maintained free of defects.
RECOMMENDATION
Staff recommends that the City Council:
• Hold the second reading and adopt Ordinance 2024-011 (Attachment A) amending the Zoning Code, as shown in Attachment A, Exhibit A.
• Hold the second reading and adopt an Ordinance 2024-012 (Attachment B) amending the Municipal Code, as shown in Attachment B, Exhibit A.
ATTACHMENTS
Attachment A: Ordinance 2024-011 Amending the San Leandro Zoning Code
Exhibit A: Amended Zoning Code (clean version)
Attachment B: Ordinance 2024-012 Amending the San Leandro Municipal Code
Exhibit A: Amended Municipal Code (clean version)
Attachment C: Zoning Code Amendments (redlined version)
Attachment D: Municipal Code Amendments (redlined version)
PREPARED BY: Wayland Li, Planning Manager