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50A - AMEND CHAPTER 5 ASSESSMENT OF DOGS
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04/18/2011
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50A - AMEND CHAPTER 5 ASSESSMENT OF DOGS
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1/3/2012 3:46:57 PM
Creation date
4/14/2011 4:02:28 PM
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City Clerk
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Agenda Packet
Item #
50A
Date
4/18/2011
Destruction Year
2016
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and commercial kennels shall also maintain a setback of one hundred (100) feet from any <br />preexisting residential structure. <br />(s)ue Residential structures of two (2) stories or more in height shall maintain a <br />setback of two hundred (200) feet from any preexisting commercial kennel, and <br />commercial kennels shall also maintain a setback of two hundred (200) feet from any <br />preexisting structure of two (2) or more stories. These provisions will not apply to anyone <br />who erects a residential structure of two (2) stories or more in height or to anyone who <br />erects a commercial kennel if, in erecting the structure or kennel, that person: <br />(1) Provides a barrier that will impair the vision between the kennels and the <br />residential structure to at least the same extent as if a two-hundred-foot <br />setback were used, and provides sufficient sound-retardant materials to <br />produce no more than the same decibel level than if a two-hundred-foot <br />setback was maintained. The decibel level shall be measured both at the <br />kennel and at the residential structure; or <br />(2) In the alternative, provides visual and sound standards that, in the opinion of <br />the director of planning and development services, are equal to or greater <br />than those required by the provisions of (1) above. <br />(d)jq) The residence of a commercial `kennel operator or owner shall not be <br />deemed a residential structure as applied in the language of this section. <br />(e)Mf The development and occupation of buildings for human habitation within <br />the distances prescribed above by others than the kennel owner or operator or grantees, <br />directly or indirectly, from or through the kennel _owner or operator following the proper <br />establishment of kennels, shall not render the maintenance of such preexisting kennels <br />unlawful by reason of the diminished separation of the kennel use and the use of buildings <br />for human habitation. <br />(€}L(Il Enforcement. The director of planning and development services shall not <br />approve for issuance any building permit until he has assured himself that the provisions of <br />this section have been met. <br />Section 5. Section 5-72 of Chapter 5 of the Santa Ana Municipal Code is <br />amended to read as follows (new language underlined, deleted language in strikeout for <br />tracking purposes only): <br />Sec. 5-72. Visiees--dogs Declaration and possession of vicious or potentially <br />dangerous dog. <br />(a) Whenever a dog has bitten, attempted to bite, brgkeR the skiR 9F othepw4se <br />Ordinance No. NS-XXX <br />Page 3 of _ <br />5OA-5
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