The Board of Supervisors on Oct. 7 denied an appeal by Spencer Bowman (Prestige K9) and affirmed the Planning Commission’s June decision to uphold a planning director determination limiting the kennel site at 8151 Oak Avenue to boarding and training for no more than 25 dogs with grooming incidental only to overnight boarding.
County planning staff said the site has a long history as a canine kennel dating to the 1950s and became a legal nonconforming use when modern zoning rules were adopted. Records and animal services inspection logs show the more intensive operation (up to 72 dogs) existed prior to 2009, but county records and recent business/kennel license applications and inspections show continuous operation at 25 or fewer dogs since 2009 and a 2021 business‑license entry that referenced a 25‑dog limit. In February 2025 the planning director concluded the established, lawful nonconforming intensity is the reduced level that had been continuously operated and documented in county records.
The appellant argued historical court documents and earlier kennel licenses should preserve the 72‑dog intensity. Planning staff and county counsel explained the zoning code protects a lawful, established nonconforming use but also treats long‑term reductions and subsequent license conditions as evidentiary. County staff said the owner could seek a minor use permit (a discretionary process that would include an environmental review and public hearing) if he wants to expand above the 25‑dog level; staff estimated that deeper environmental review and permit processing could substantially increase costs and take months.
After public comment the board voted to deny the appeal and confirmed staff’s direction: the kennel may continue as a nonconforming use at the historical intensity demonstrated in recent records (25 dogs) and any intensification would require a minor use permit and associated environmental review.