Title
RESOLUTION of the City Council of the City of San Leandro Upholding the Determination of the Board of Zoning Adjustments that Electric Fences are not a Permitted Use Under the San Leandro Zoning Code
APL 16-003
Body
WHEREAS, Electric Guard Dog, LLC. ("Appellant"), on behalf of the property owner, LBA CPT Industrial Co. V. LLC., applied for and was denied a building permit (B16-1483) to construct an electric fence on an approximately 5 acre site located at 2371 Polvorosa Avenue, zoned Industrial General (IG) ; and
WHEREAS, the City of San Leandro's Zoning Code (the "Zoning Code") operates under the principles of permissive zoning. The Zoning Code specifies those land uses which are permitted and includes special requirements, if any, applicable to specific uses; and
WHEREAS, it is a policy of the City's General Plan to improve the visual appearance of the City's industrial areas by applying high standards of architectural design and landscaping for new industrial development and the re-use or remodeling of existing industrial buildings; and
WHEREAS, Zoning Code section 1-202(A) provides that "[t]he Zoning Code shall apply to all land within the City of San Leandro, and to state or federal agencies, to the extent applicable by law. Application of regulations to specific lots shall be governed by the zoning map"; and
WHEREAS, Zoning Code section 1-202(C) states that "[n]o land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished or moved in any zoning district, except in accord with the [Zoning Code]"; and
WHEREAS, Article 2 of the Zoning Code further states that "[w]here uncertainty exists regarding the interpretation of any provision of this code or its application to a specific site, the Zoning Enforcement Official ("ZEO") shall determine the intent of the provision"; and
WHEREAS, Article 21 of the Zoning Code states that "[t]o ensure...
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