Ordinance Number 829353
ORDINANCE NO. 829
AMENDING TITLE 9 OF THE MUNICIPAL CODE -
COMMERCIAL AND NON-COMMERCIAL KENNELS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SECTION 9-3.619 OF THE MUNICIPAL CODE ENTITLED
"COMMERCIAL AND NON-COMMERCIAL KENNELS"
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
WHEREAS, the City, through its Municipal Code, has established a limitation on
the number of dogs that may be kept in a residential district to no more than three adult dogs (not
older than four months); and,
WHEREAS, the licensing of dogs is under an agreement with Orange County
Animal Control; and,
WHEREAS, said Agency, in the past, has issued licenses to more than four dogs at
the same address within residential districts of the City, placing the owners of said dogs in violation
of the limitations in the Municipal Code; and,
WHEREAS, said owners were unaware of the limitations of ownership imposed by
the Municipal Code during the several years that they have owned the licensed dogs; and,
WHEREAS, the City Council recognizes the friendships that develop between a
human and a dog, and that to require such friendship to be discontinued due to unknowingly being
in violation of the provisions of the Municipal Code places a hardship upon said households;
therefore, the City Council is considering the adoption of an exception provision to Section 9-3.619
to address the special circumstances that have been created by the previous legal licensing of more
than three adult dogs at a specific residential address; and,
WHEREAS, new residents to the City who have legally licensed more than three
adult dogs by an agency similar to that carried out by Orange County Animal Control should also
be treated in an equal fashion as existing residents identified above; and,
WHEREAS, the City's Environmental Administrator has reviewed the provisions
of the proposed amendment and has determined that it will not result in creating a significant impact
on the environment and has issued a Negative Declaration which has been certified by the City
Council and has complied with all other applicable provisions of the California Environmental
Quality Act (1970) as they apply to this amendment; and,
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WHEREAS, the Planning Commission conducted a duly -noticed public hearing on
October 13, 1998, and recommended that the City Council adopt the Ordinance; and,
WHEREAS, the City Council conducted a duly -noticed public hearing on
November 3, 1998, to receive testimony in favor of, or in opposition to the proposed amendment.
SECTION 2. Amendment Text.
Based upon the findings set forth in Sectionl preceding, Title 9, Chapter 3, Article
6, Section 9-3.619 of the Municipal Code is hereby amended in its entirety to read as follows:
"Section 9-3.619. Commercial and noncommercial kennels.
"(a) For the purposes of this subsection, "kennels" shall mean and include any
place where four (4) or more dogs, four (4) months of age or older are kept, housed, boarded, lodged,
fed, hired, trained, sold, or bred as a commercial activity.
"(b) Commercial kennels. Kennels operated as a commercial activity may be
permitted in any district, subject to the approval of a conditional use permit.
"(c) Noncommercial kennels. Noncommercial kennels where no commercial
activity is conducted (no sale of dogs) may be established in any residential district, subject to
approval of a conditional use permit.
"(d) Exception. An exception to the above provisions may be granted by the
Planning Director to allow up to six (6) adult dogs provided the following findings and conditions
are met:
"(1) All adult dogs had been registered (licensed) by Orange County
Animal Control for at least one year (prior twelve months) prior to the application for an
exception, or residents that recently moved into the City had written proof that the number
of dogs had been previously registered by the applicable governing agency prior to residency
in the City.
11(2) Upon notification of adjacent property owners of the exception request
and a finding that the subject dogs have not created a nuisance (excessive barking or non -
containment within a secured area of the property). Said notification to be provided a
minimum of ten (10) days prior to issuance of exception.
"(3) No substantial compliant histories have been previously reported by
adjacent property owners.
11(4) The applicant for an exception executes an agreement that additional
and/or replacement dogs will not be allowed upon the death or relocation of permitted dogs
such that the total number of dogs will not exceed three (3)."
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SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the same to
be posted at the duly designated posting places within the City and published once within fifteen (15)
days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause
to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall
be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance;
and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post a certified copy of this Ordinance, together with the vote
for and against the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED thjs 1'1ffday o November, 1998.
ATTEST:
CITY CLEW
GIL JONES, MAYOR
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W1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 829, which
was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held
on November 3, 1998, and adopted at a meeting held on November 17, 1998, by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell
and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JO SON, CITY CLERK
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