UP 21-105 (Carmel Academy of Pampered Animals): Consideration of a Use Permit (UP 21-105, Carmel Academy of Pampered Animals) for the establishment of a Dog Day Care Facility (Kennel) located on Mission 2 northeast of 8th Avenue in an existing 3,087 square-foot commercial building in the Residential and Limited Commercial (RC) Zoning District.

CEQA Action: Staff recommends the project be found categorically exempt from CEQA pursuant to Section 15303 (Class 3) – New Construction or Conversion of Small Structures.

The applicant is seeking approval of a Use Permit to allow for the establishment of a Dog Day Care Facility (Kennel) located on Mission 2 northeast of 8th Avenue in an existing 3,087 square-foot commercial building in the Residential and Limited Commercial (RC) Zoning District. 

Adopt a Resolution (Attachment 1) approving a Conditional Use Permit (UP 21-105, Carmel Academy of Pampered Animals)  for the establishment of a Dog Day Care Facility  located on Mission 2 northeast of 8th Avenue in an existing 3,087 square-foot commercial building in the Residential and Limited Commercial (RC) Zoning District.

The proposed business, Carmel Academy of Pampered Animals, is proposed be located in a 3,087 square foot commercial building located on Mission 2 northeast of 8^th and is located in the Residential and Limited Commercial (RC) Zoning District.  The existing building was most recently home to the Carmel Academy of Performing Arts and has been used as a dance studio since the 1950’s when it was established as the Carmel Ballet Academy.  The applicant is proposing to repurpose the existing building into a dog daycare facility (kennel) for the day care of dogs; no overnight boarding or grooming services are proposed.

The applicant has proposed the hours of operation to be from 8 am to 8 pm Sunday through Thursday and 8 am to 9 pm on Friday and Saturday.  The dog day care facility would be broken into three primary areas: a 1,386 square foot “main play area” (Room A); a 693 square foot “quiet room” (Room B); and a 359 square foot “training area” (Room C).  Room A is proposed to have an estimated capacity of 45 dogs, Room B is proposed to have an estimated capacity of 15-20 dogs, and Room C is proposed to have an estimated Capacity of 6-10 dogs. According to the Applicant, Room C is also proposed to be utilized for Dog Birthday Parties, Dog Yoga (DOGA), and for dog and youth therapy sessions.  The dogs would remain in open play areas throughout the day and the use of enclosed kennels is not proposed.  The remaining portions of the building are a lobby and office that would be used for receiving dogs and business administration. The lobby is also proposed to maintain a small retail component consisting of pet supplies (refer to Attachment 3).  The applicant’s business plan has been included as Attachment #2 with additional supporting documents included as Attachments 3 & 4.

Conditional Use Permit Required: The site is located in the Residential and Limited Commercial (RC) Zoning District.  CMC 17.68.050 defines a Kennel as a “Facility for keeping, boarding, training, breeding, or maintaining for commercial gain four or more dogs, cats, or other household pets not owned by the kennel owner or operator. This classification excludes pet shops and animal hospitals that provide 24-hour accommodation of animals receiving medical or grooming services.”  The business is not proposed to board or breed animals, and will just be used as a dog daycare with a small area dedicated to training as an ancillary use. Kennels are permitted in the RC Zoning District upon issuance of a Conditional Use Permit (CUP) (CMC 17.14.030).  The purpose of the CUP is to ensure the proposed use is appropriately located and operated. In addition, a CUP allows for conditions to be placed on the business in order to protect the public health, safety, peace, and welfare. The CUP process also allows the City to monitor the use and verify that it is operating in accordance with the terms of its CUP.

Use Regulations: A kennel is listed under the classification of Animal Sales and Services (CMC 17.14.040.C). For all Animal Sales and Services, the following standards apply:

1. Offices providing veterinary services to small pets only are allowed.

2. No overnight boarding of pets, except for emergency hospitalization needs, is allowed.

3. All animals in the custody of the business must be kept within buildings approved for such use, and constructed to control properly sound and odor connected with the keeping of animals.

Staff Response: The proposed business does not propose any type of veterinary services and therefore standard #1 is not applicable.  The business is proposed to operate as a dog daycare only with no overnight boarding –all pets will be required to be picked up by close of business each day.  The proposed business will be required to keep all animals in their custody to within the enclosed building at all times.  No modifications are proposed for the exterior of the existing building, however, the applicant has proposed the addition of sound proofing for additional acoustic attenuation throughout the building as well as an odor control plan; specifics regarding the proposed sound proofing and monitoring, and odor control plan are discussed below.      

Odor Control Plan: The applicant has included an Odor Control plan as part of their business proposal (Attachment 3).  The business is proposed to contract with “Coyote Scoop,” a local commercial pet waste removal service, for all odor and pet waste management services. According to the applicant, “Coyote Scoop will be responsible for managing and implementing the complete plan along with daily follow-up. His service will be determined based on dog capacity of the studio and will fluctuate with frequency based on daily bookings and day counts. He also will be our consultant for selecting the proper indoor relief stations (RS) along with granular material to capture urine. Each Relief Station will have a daily checklist of cleaning with Date, Time, and Technician Signature. Documents to be scanned and available for inspection.”

The applicant has also indicated “Throughout the day, the Studio Relief Stations will be emptied into the outdoor containment area. This includes the treatment and sanitation using a biodegradable solution called Top Performance 256 . Coyote Scoop has determined this is the only solution to use that is safe, biodegradable and safe for sewers” –specifications regarding Top Performance 256 are included in Attachment 3.

To ensure the no objectionable odors are emitted from the site, staff has included Conditions of Approval #14-#16 requiring:

Noise Control: The applicant has provided a sound proofing plan as part of their business proposal (Attachment 3) as well as an acoustical study and proposed noise attenuation measures (Attachment 4) to minimize the impacts that barking dogs may have to neighboring properties.

In accordance with CMC 17.14.050.H.1 (For uses in the RC land use district or located on any property within 300 feet of an R-1 land use district):

No activity shall be permitted that generates noise in excess of 55 dB at the exterior of the building or yard in which the use is conducted. No activity shall be permitted that causes in excess of 50 dB measured at the property line of any site in the vicinity of the use. Proposed activities that would generate or cause noise in excess of these levels shall require mitigation to achieve these standards or shall be prohibited. Sound measurements shall be made using a sound level meter calibrated for the A-weighted scale and shall be averaged over a 15-minute period. If the use generates or causes noise which includes a steady whine, screech or hum, or is repetitive or percussive or contains music or speech the respective noise standards shall be reduced by five decibels.” 

To ensure compliance with this standard, the applicant has undertaken and is proposing the preventative measures described below. 

Noise Study:

The acoustical study prepared by Anthony Nocita, owner of IAMP Pro Audio (Marina, CA) examined the existing structure as it stands today. Amplified rock music and recorded tracks of dogs barking were played via loudspeakers in Room A to a level of 94 A-weighted decibels (dba). Subsequent measurements were taken in Room B (54 dba), the Lobby (78 dba), Outside the front door (62 dba), the side door (74 dba) and on the sidewalk on Mission Street (52 dba). The report also states that passing traffic on Mission Street reached levels of up to 66 dba and the ambient level was 49 dba and was influenced by various external factors.  The study notes that most of the sound escapes from the building via: 1) the side door through air gaps, the frame seal, and possibly the door material; 2) the single pane glass windows on the front, sides, and lobby of the building; and 3) the door materials and seals between rooms and the outside. 

Sound Proofing:

To address the sound escaping from the building the applicant has proposed a 3-layer sound proofing system; according to the applicant, the sound proofing measures would reduce decibel levels by 27% as measured from the inside of the business (refer to Attachment 4).  The 3-layer system would include:

• Layer 1: Sealing Windows and Doors - Windows to have 3⁄4” plywood with window sealant.
• Layer 2: Application of a Vinyl Sound-Proofing Material “Quiet Barrier”
•  Layer 3: Application of a fiberglass FR-Rated Sound-Absorbing Panels, custom fit to install into windows . This will eliminate reverberation and echo within the facility. 

Specifications regarding the sound proofing materials identified above have been included in Attachment 3 and 4.

Business Policy/Operation:

The applicant is also proposing to implement a no bark policy. According to the applicant, the creation of the no bark policy is well-known and proven behavioral policy that can effectively create a no bark zone for the business.  Per the applicant, “The policy is implemented by requiring all potential clients to watch an orientation video produced by the company for prospective new customers showing the effectiveness of the no bark zone and explaining the procedure of enforcement.  As part of registration, the customer will be fully educated on the policies and procedures and sign all paperwork acknowledging acceptance of the businesses practices, including the no bark policy.”

The no bark policy would implement 7 total steps toward ensuring the no bark policy is implemented.  The first being education of potential clients, as discussed above.  Second is positive re-enforcement of well behaved dogs.  Steps 3-7 are corrective measures that include:

Correction Level 1

A Rattle Bottle – The use of a rattle bottle to distract the dog. Used by the constant monitoring of the Technician/Handler.

Correction Level 2

A Lanyard Clip - Short lanyard with clip that connects to dog collar or harness and keeps dog at the side of the Technician/Handler.

Correction Level 3

Squirt Bottle - We will disclose to the potential customers that if we need to escalate to Correction Level 3 a squirt water bottle will be used for correction.

Correction Level 4:

Removal and isolation to Quiet Room

Correction Level 5

Dismissal- If we have assessed the animal and determined the animal is not socialized or well suited for a No Bark Zone Policy, we will terminate the account.

Monitoring:

In addition to the sound proofing and no bark policy, the applicant is proposing to monitor the sound within the business. The business is proposed to contract with RoomMonitor.com an online, cloud-based program provides real time noise control and continuous sound monitoring and reporting.  A sound monitor is proposed to be installed in every room and the daycare staff will be alerted on mobile devices, or webpage of any noise parameters violated within the facility. Reports will be generated and reporting can be cross-matched to the day’s dog activity and capacity for immediate evaluation and adjustments (refer to Attachment 4).

Traffic Impacts: Staff does not anticipate the proposed change in use from a dance studio to a dog daycare facility will have adverse impacts to circulation or parking.  There is no change in parking demand associated with the change in use from the dance studio to a dog daycare.  CMC 17.38.020.C requires 1 parking space per every 600 square feet of commercial business space.  As there is no increase in floor area proposed, the site is not required to provide any additional on-site parking.  Since there is no increase in parking demand for the new use, the lack of on-site parking is considered legal non-conforming and new parking is not required to be provided on-site or through payment of in-lieu fees.

Within the immediate vicinity of the subject property, there are five (5) 30-minute public parking spaces,  several 2-hour street parking on the surrounding streets, and parking in the north parking lot of the Sunset Center available to customers of any commercial business.

According to the applicant, the former dance studio use had up to 650 students ages 4 and up on a weekly basis, as well as staff and volunteers on-site.  In staff’s opinion, a dance studio and a dog daycare center would maintain very different traffic patterns. For example, the dance studio would have a continuous turnover of students throughout the day as classes start and end with groups of children/students all being picked up and dropped off at generally the same time, creating large spikes in traffic volume.  However,  a dog daycare would not have set class times, so the pick-up and drop off of dogs would be intermittent throughout the day, thereby spreading the traffic flow more evenly throughout the business day. 

Staff Concerns and Recommendations: Staff maintains some concern regarding the potential for noise and odor produced by the proposed business.  Staff has consulted with the city’s Animal Control Officer, who shared the same concern regarding noise and odor. While the applicant has provided detailed information regarding proposed measures to control both noise and odor, there is no way of knowing whether these measures would be sufficient without testing during normal business operations.  Provided the applicant is able to sufficiently contain the potential noise and odor and adhere to the plans laid out in their application, the project could be found consistent with the required standards and findings for the establishment of a kennel.

Staff is also concerned about the proposed capacity of the business.  The applicant has indicated an estimated maximum capacity of 75 dogs, which in staff’s opinion would be an inappropriate number of dogs for the site.  While there is no local, state, or federal requirement for how much space each dog is required to have in an open play area, the American Society for the Prevention of Cruelty to Animals (ASPCA) has been cited as stating that the recommended size of a play area is around 75 to 100 square feet per dog. 

In the current proposal, Room A (main play room; 1,386 square feet) is proposed to have a capacity of 45 dogs, or approximately 30 square feet per dog. Following the recommended numbers by the ASPCA, Room A should have a capacity of between 13 to 18 dogs. While this figure is only a recommendation and not a legal requirement, staff recommends the capacity of each room be limited to the recommendation of the ASPCA of between 75-100 square feet of play area per dog for each room.  This reduced capacity would not only create a healthier and safer environment for the dogs, but also help to further minimize any potential noise, or odor impacts.

Staff’s recommendation to the Planning Commission is to adopt a resolution (Attachment 1) conditionally approving a modified version of the proposed use.  This modified approval would require the applicant to return to the Planning Commission 3-months after commencing operation.  This proof of concept period would  allow time to demonstrate that the measures proposed are sufficient for containing the noise and odor within the building..  Upon the applicant’s return, the Commission  would then review and reconsider permanent approval of the use based on information gathered during the 3-month period. 

As part of the approval, staff has included the following Special Conditions of Approval for adoption as part of the resolution.  These conditions of approval apply only to the operation of the business for the recommended 3-month trial period and additional conditions may be added or modified when the item returns to the Commission:

Alternatively, the commission may continue the item with direction to return with additional information regarding the proposed business, or may choose to deny the Use Permit.

Public Correspondence: Staff has received a number of public correspondence letters regarding the proposed business, both in favor and against. All correspondence received as been included as Attachment 5 to this staff report. In summary, the comments opposed to the business generally include concerns regarding noise, traffic, and appropriateness of the use for the surrounding area, and letters in support state how the inclusion of the business would provide benefits to dog owners visiting Carmel as well as locals.

Staff recommends the project be found categorically exempt from the California Environmental Quality Act (CEQA), State CEQA guidelines and local environmental regulations, pursuant to Section 15303 (Class 3) – New Construction or Conversion of Small Structures. The project consists of the conversion of an existing 3,087 square-foot dance studio to a dog daycare (kennel). The proposed project does not present any unusual circumstances that would result in a potentially significant environmental impact.