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Planning commission approves temporary kennel permit with relocation and wall conditions after neighbor complaints

3242742 · May 9, 2025
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Summary

The Kern County Planning Commission on May 8, 2025, approved a temporary modification to a conditional use permit allowing kennel-breeding operations at the Thompson property in Pozzo Flats, subject to relocation of outdoor runs and construction of a masonry wall to mitigate barking complaints.

On May 8, 2025, the Kern County Planning Commission approved Modification No. 1 to Conditional Use Permit No. 1 (Map 61) for John and Bonnie Thompson, allowing continued kennel breeding operations on a 20-acre parcel in the Pozzo Flats area, approximately 12 miles south of Glenville. The decision authorizes continued kennel operations for a temporary period and places site-specific conditions on the use following neighbor complaints about barking and other concerns.

Staff presented the application and the project history, noting prior authorization to operate a kennel for a five-year period and that Kern County Animal Services had received complaints about barking (one in August 2023 where no excessive barking was observed by an officer, and a mid-2024 complaint supported by a video). Staff reported it had received audio and video recordings from a neighbor, Jared Cope, and from the applicant; staff was not present for the recordings and cautioned commissioners about taking the recordings at face value. Citing the county municipal code on nuisance barking (Kern County Municipal Code §7.8.38), staff recommended approval of a modified temporary permit limited to two years (to expire 05/21/2027) and recommended additional conditions, including construction of a 6-foot masonry block wall to help dampen sound.

Neighbors and the applicant both spoke at the hearing. Jared Cope, a nearby resident, said he has documented multiple contacts with county agencies and described persistent barking he characterized as interfering with his right to “quiet enjoyment.” He asked for a shorter permit period, a limit on the total number of dogs, relocation of kennel runs away from his side of the property, and conditions with enforcement “teeth” if the problem persists. The applicant, John Thompson, said he did not dispute that the dogs bark at times and described steps already taken (using bark collars for some dogs; keeping small dogs indoors when away). Thompson said he was willing to move the outdoor kennel area and construct a block wall if that would resolve the issue.

Commissioners asked for clarifications on the kennel operations and counts. Thompson described the indoor room used as kennel space as roughly 400 square feet (20 by 20) and estimated the outdoor run at roughly double that size. For breeding animals he said there are about 15 breedable females and four studs (about 19 breeding-age dogs), plus geriatric and working dogs; the commission heard an operational estimate of roughly 20–30 dogs on site when litters are present. Staff clarified that the permit conditions limit the kennel to 25 adult dogs for the breeding kennel (an adult dog is defined by the county once it reaches four months of age) and that dogs under four months are not counted toward the 25-dog limit.

During deliberations the commission and staff explored possible mitigation steps. The applicant and neighbor discussed relocating the outdoor kennel to the north side of the house (using the house and an existing hill as additional sound barriers) and constructing a 6-foot masonry block wall on the west side of the outdoor kennel area. Commissioners discussed timelines for construction and enforcement pathways. Staff noted the county’s adopted noise thresholds (65 dB outside, 45 dB inside with windows closed) used for land-use noise impact assessment, but also reiterated that barking nuisance complaints fall under Kern County Animal Services enforcement and that planning would consider conditional-use permit compliance if violations are substantiated.

A motion to approve the permit with modified conditions passed 4–0 (one commissioner absent). The approved conditions, as read into the record, include relocating the kennel to the north side of the existing home, constructing a 6-foot masonry wall on the west side of the outdoor kennel area, initiating construction within 30 days after the commission’s final decision period (the 14-day appeal window) and completing the required improvements by Aug. 31, 2025 (extensions by the planning director were allowed per the condition language). The original staff recommendation that the permit be temporary for two years remained in effect; as adopted, the temporary authorization is set to expire on May 21, 2027, requiring the applicant to apply for further authorization if continued operations are requested after that date.

Staff explained that the commission’s action is final unless appealed to the Board of Supervisors within 14 days; staff read the appeal process and the filing fee amount into the record. The planning commission’s motion included the relocation and wall conditions to provide neighbors the opportunity to evaluate whether the mitigation measures reduce barking and related impacts before any future request for permanent authorization.

Quotes (excerpted from the hearing): "I never disagreed that the dogs barked at different times," applicant John Thompson said as he described steps taken to reduce barking and his willingness to work with the neighbor. "One of the basic premises of owning real estate or even renting real estate is the right to quiet enjoyment," neighbor Jared Cope told the commission when urging stricter conditions and clearer enforcement measures.

The commission record lists the application as Modification No. 1 to Conditional Use Permit No. 1 (Map 61). The acting staff contacts for the project were project planner Sarah Eichenhorst and planning staff member Mister Murphy. Kern County Animal Services was cited in the staff report as the enforcement agency for barking nuisance complaints under Kern County Municipal Code §7.8.38.