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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 />(e) 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 />(f) 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 />(g) 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: <br />Sec. 5-72. Declaration and possession of vicious or potentially dangerous dog. <br />(a) General Provisions. <br />(1) If the Animal Services Officer or Police Officer has cause to believe that a <br />dog is a "vicious dog or potentially dangerous dog" within the meaning of <br />section 5-72.1, he or she may tentatively find and declare such dog a <br />"vicious dog or potentially dangerous dog." <br />(2) Upon tentatively finding and declaring that a dog is a "vicious dog or <br />potentially dangerous dog," the Animal Services Officer or Police Officer <br />Ordinance No. NS-XXX <br />Page 3 of 12 <br />11 A-3