HomeMy WebLinkAboutNS-1152ORDINANCE NO. NS-1152
ORDINANCE OF THE CITY COU~CIL OF THE CITY
OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL
CODE SECTION 5-13 PERTAINING TO COMMERCIAL
KENNELS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION 1: That Section 5-13 of Chapter 5 of the Santa
Ana Municipal Code is hereby amended in words and figures as
follows:
Sec. 5-13. PROXIMITY ~0 HUMANS
(a) Livestock: Except as otherwise provided in this
chapter, no person who keeps or has upon premises owned,
leased, or occupied by him, any livestock, shall keep such
livestock within seventy-five (75) feet of any family resi-
dence, with the exception of his own. This section shall not
apply to any pre-existing livestock premises.
(b) Fowl and rabbits. No person shall keep fowl or
rabbits within fifty (50) feet of any family residence or build-
ing designated for human occupancy, with the exception of his
own. This section shall not apply to fowl or rabbits kept
prior to the adoption of this section.
(c) Commercial kennels.
(1)
Residential structures of one story in height shall
maintain a setback of one hundred (100) feet from
any pre-existing outside kennel runs of a pre-exist-
ing kennel and commercial kennels shall also maintain
a setback of one hundred (100) feet from any pre-
existing residential structure.
(2)
Residential structure of two stories or more in
height shall maintain a setback of two hundred (200)
feet from any pre-existing commercial kennel, and
commercial kennels shall also maintain a setback of
two hundred (200) feet from any pre-existing struc-
ture of two (2) or more stories. These provisions
will not apply to anyone who erects a residential
structure of two stories or more in height or to
anyone who erects a commercial kennel, if in erect-
ing the structure, or kennel, that person:
(a)
Provides a barrier that will impair the vision
between the kennels and the residential struc-
ture to at least the same extent as if a 200'
setback were used, and provides sufficient
sound retardant materials to produce no more
than the same decibel level than if a 200'
setback was maintained. The decibel level
shall be measured both at the kennel and at
the residential structure, or, in the alter-
native,
-1-
(b)
provides visual and sound standards
that in the opinion of the Director
of Building and Safety are equal to
or greater than those required by
the provisions of (a) above.
(3)
The residence of a commercial kennel operator
or owner shall not be deemed a residential
structure as applied in the language of this
section.
(4)
The development and occupation of buildings
for human habitation within the distances
prescribed above by others than the kennel
owner or operator or grantees, directly or
indirectly, from or through the kennel owner
or operator following the proper establish-
ment of kennels, shall not render the main-
tenance of such pre-existing kennels unlawful
by reason of the diminished separation of the
kennel use and the use of buildings for human
habitation.
(d) Enforcement.
(1)
The Director of Planning shall not approve for
issuance any building permit until he has insured
himself that the provisions of this section have
been met.
SECTION 2: That the Clerk of the Council shall certify
to the passage of this Ordinance and cause the same to be
published in some daily newspaper printed and published in
the City of Santa Aha.
PASSED AND ADOPTED by the City Council of the City of
Santa Aha at its regular meeting held on the 12th day of
MaTch , 1973.
ATTEST:
MAYOR
CLEPJ< OF THE COLrNCIL
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF SANTA ANA )
sS
I, FLORENCE I. MALONE, do hereby certify that I am the
Clerk of the Council of the City of Santa Ana; that the fore-
going Ordinance was introduced to said Council at its regular
meeting held on the ~Oth day of February ,
1973 and was again considered by said Council at lts meeting
held on the 12th day of March , 1973,
and was at said meeting passed and adopted by the following
vote, to wit:
AYES,
NOES,
COUNCILMEN: Herria~ Yamamoto, Villa, Evans, Grist, Pattersoa,
Marke 1
COUNCILMEN: Noae
ABSENT, COUNCILMF~: Nene
CLERK OF THE COUNCIL
/~THERS,
APPROVED AS TO FORM:
CITY ATTORNEy