File #: 16-662    Version: 1 Name: SR Electric Fence Appeal
Type: Staff Report Status: Filed
In control: City Council
Meeting Date: 2/6/2017 Final action: 2/6/2017
Enactment date: Enactment #:
Title: Appeal of the City of San Leandro Board of Zoning Adjustments Determination that Electric Fences Are Not a Permitted Use Under the San Leandro Zoning Code.
Sponsors: Andrew Mogensen
Attachments: 1. BZA Resolution 16-001 Upholding ZEO Determination APL16-003, 2. Appellant's Statement for APL16-003, 3. 16-662 CC Presentation Electric Fence Appeal
Related files: 16-518, 16-675
Title
Appeal of the City of San Leandro Board of Zoning Adjustments Determination that Electric Fences Are Not a Permitted Use Under the San Leandro Zoning Code.

Staffreport
SUMMARY AND RECOMMENDATIONS

The Appellant, Electric Guard Dog LLC., appeals the determination of the Board of Zoning Adjustments that electric fences are not permitted under the City's Zoning Code.

The Appellant was denied a building permit to construct an electric fence on real property located at 2371 Polvorosa Avenue based on the Zoning Enforcement Official's (ZEO) determination that electric fences are not permitted under the City's Zoning Code. The Appellant filed an appeal of the ZEO's determination to the Board of Zoning Adjustments (BZA), which unanimously upheld the ZEO's determination through Resolution 2016-001 at its November 3, 2016 meeting. The Appellant filed a timely appeal of the BZA's decision to the City Council.

The City Council continued this item from its December 19, 2016 meeting, upon request from the Appellant.

Staff recommends that the City Council uphold the determination of the Board of Zoning Adjustments by adopting the attached Resolution.

BACKGROUND

On August 16, 2016, a fence contractor, Electric Guard Dog LLC., applied for a building permit to construct an 8' tall electric fence at 2371 Polvorosa Drive on behalf of the property owner, LBA CPT Industrial Co. V. LLC. The property proposed for the fence is approximately five acres, zoned Industrial General (IG), and is currently the location of a distribution warehouse and trucking company operated by YRC Worldwide, Inc. / USF Reddaway.

2371 Polvorosa Drive and surrounding properties to the north, south, and west primarily consist of warehouses and a manufacturing plant for building materials, zoned Industrial General (IG). The adjacent property to the east consists of a single story office complex housing SOS/Meals on Wheels, Bancroft Pediatrics Medical Group, Alameda Pharmacy, and a number of small b...

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