1 11/03/2018 To the City of Del Mar Planning Commission: This is an addendum to Resolution NO. PC Previous report was provided on 08/20/2018. A portion of the Commission s original recommendation was to have our Sound Attenuation Plan evaluated before and after the construction of the recommended wall. In our original report from August, I referenced a section from our original Noise Abatement Analysis that stated that while the abatement would meet the requirement of the City of Del Mar, the effect may not be verifiable. The original analysis was included in the previous report. The engineer in charge, Bill Maddux from Recon, told us that there is too much ambient noise at certain locations being measured for sound measurements to show any meaningful noise reduction following the construction of the wall to specification. Table 1 on page 3 essentially proves this. To be thorough however, we reached out to Recon recently and asked them to provide an official statement supporting this claim. Unfortunately, Bill Maddux no longer works for Recon and they would have to assign the project to another specialist. For reasons that are still not clear to me, Recon wanted $1, for them to generate a brief statement stating that repeat measurements after the wall was constructed should not be required. A copy of this proposed change order from Recon is provided. In it, they essentially stated what we wanted them to state all along. It seems spending $1, for that statement or $4, for a new Noise Abatement Analysis is a waste of time and resources.
2 CHANGE ORDER 1 AGREEMENT RECON Environmental, Inc., is hereby authorized to expend an additional $1,115 (One thousand one hundred and fifteen dollars), bringing the total authorized contract amount to $5,449, to perform work in conjunction with the contract dated August 12, 2015 (RECON 7960). Additional Scope of Work: RECON will prepare a memo to the City of Del Mar explaining why additional noise measurements should not be required and providing justification showing that the installed noise wall is functioning as expected. This scope of work assumes that revisions to the noise memo will not be required by the City and that no meeting or hearing attendance is required. The final noise memo will be provided in PDF format. All provisions of the original contract are to remain unchanged except as stated herein. Animal and Bird Hospital of Del Mar RECON Environmental, Inc. By By Printed Name and Title Robert T. MacAller, President &CEO Printed Name and Title Date Date JYC:gps
3 From: al corti Sent: Monday, November 5, :56 PM To: Subject: Re: Planning Commission November 7, 2018 Attachments: image001.png Thank you Jennifer for notifying me of the meeting and providing a copy of the staff report. After review, I am surprised that this is even being heard since the applicant has not addressed the conditions of approval, nor has the sound attenuation been effective as originally contemplated. My rational for this postilion: 1- I live due east of the facility and like clockwork, I can hear the dogs barking at 8AM when they are released into the yard and they can be heard over the sound of vehicles on Jimmy Durante. 2- I am not the only one who has heard or complained of the nuisance in that you reference 3 complaints previously sited which have not been addressed. 3-The condition of approval required and the applicant accepted as a condition of approval a post improvement study to demonstrate the effectiveness of the sound attenuation. Now the applicant does not want to provide the study. The original study measured the sound of the dogs barking with the noise of Jimmy Durante before the improvements were made and it would appear to me that the same study can be performed with the improvements in place to demonstrate if they were in fact an improvement and effective as represented and required. I recognize that I live adjacent to a commercially zoned area but that does not mean that I have to be subject to a use which is in violation of the noise ordinance. The City in granting this approval should equitably recognize that it is adjacent to a residential zone and provide a mechanism to ensure that it does not create an undue nuisance to the neighborhood and if it does, it can be addressed. I ask, how can the City address potential noise concerns if they cannot be measured? I request that the planning commission enforce the conditions of approval in addressing the noise complaints and require the completion of the study. Respectfully submitted, Al Corti 2188 Heather Lane Del Mar, Ca
4 From: Josie Miller Sent: Monday, November 5, :42 PM To: Subject: Re: Animal & Bird Hospital CUP Hi Jennifer, The Applicant has to our satisfaction adequately addressed any noise issues from the operation of their boarding facility. Sometimes we did hear dog noise when we were outside but that has been corrected with the installation of the sound wall. We believe the City should give final approval of their Conditional Use Permit. Thank you, Josie Miller McMahon John J. McMahon 1
5 From: Sent: To: Subject: Arnold Wiesel Wednesday, November 7, :03 AM Fw: Animal and Bird Hospital - KENNEL??? To: City of Del Mar Planning Department and Planning Commission (Ted Baker, Nate McCay, Philip Posner, Don Countryman, Carmel Myers, Kathleen A. Garcia, Amanda Lee) - Associate Planner Re: Animal & Bird Hospital Planning Commission Meeting Item #1 - November 7th. APN: CUP / Per condition #SC-17 of Resolution PC To City of Del Mar Planning Department and Planning Commission, Our residential neighborhood was never notified about the construction of the sound barrier, and we hereby request a period of testing the noise levels via neighborhood involvement. We believe this is a fair request and doesn t hurt anyone to extend the permit period. Understanding and moving forward: The residential citizens of Del Mar living within the residential neighborhood in close proximity to the Animal & Bird Hospital are directly impacted by the continuous and intermittent sounds of dogs barking randomly 24/7. Consequently, the following concerns need be fully considered: #1. Our Del Mar residential neighborhood (Heather Ln., David Way and Christie Ln.) should not be subjected to the barking, howling, crying, yelping sounds of dogs randomly 24/7. #2. There are no residential neighborhoods, especially in Del Mar that would welcome or permit their lives and/or their neighborhoods to be encumbered/burdened by such sounds. Del Mar citizen's rights and quality of life are valued and accordingly should be protected by our government. 1
6 #3. Imagine your neighborhood, a neighborhood in Del Mar, subjected to these egregious elevated dog barking sounds common to kennels. #4. As a Del Mar resident in this neighborhood, it is mortifying and embarrassing to live within such conditions on many levels including, upsetting to our normal senses, being subjected to aggravated, angry and sad dogs barking, crying and yelping. Additionally, home values and neighborhood values diminish, etc... We hereby request/propose the Planning Commission extend the animal hospital's Conditional Use Permit until a time period sufficient can be arranged with appropriate notice to the neighborhood community which would allow residents to be part of a study, in effort to better evaluate and measure the disturbances from this kennel - The 'Animal and Bird Hospital' want to be kennel. This proposed additional time, for the first time, would give neighboring residents notice and opportunity to be aware of an on going test period which they can be involved for the purpose of monitoring and evaluating dog noises as to nuisances, etc. Please note, the animal hospital's sound expert exclaimed they are not able to measure sound differentials from pre and post installation of sound barriers. Hence, our proposed neighborhood involvement would be the best and most accurate measure. Creation of an unfair situation: The Animal and Bird Hospital was granted their conditional use permit 5/13/2015 predicated upon their first installing an effective sound barrier. A year and a half later we contacted the Planning Department and found out the they had not heard anything nor know anything about the hospital actually building a sound barrier. From this information our neighborhood concluded the hospital decided not to move forward with permitting their hospital to include a kennel. Since no sound barrier meant no kennel, the local residents fairly concluded any/all dog noises were coming from what is the hospital, not a kennel nor a test run kennel. Within this last year 2018, without any notice to the immediate neighborhood residents that the hospital had built an alleged sound proofing barrier and begun kennel operations is disturbing at the very least. Without any notice nor knowledge of this alleged sound barrier and kennel operations, our neighborhood community believed all dog sounds were from the hospital and not a kennel. Hence, this was and is now an unfair surprise causing prejudice against us residents of Del Mar. 2
7 VERY IMPORTANT - Because our residential neighborhood had no notice nor knowledge as a whole, our neighborhood had resolved in a type of apathy and acceptance; believing - such is life living near the hospital. Please understand there is a predominant common belief among our residents in our residential neighborhood that there is little we as residents can do to stop noise from the hospital, other than call code enforcement who would get there and the dogs would have already stopped barking. Our neighborhood endures as it accepts this sense of futility. Thereby, not complaining and just tolerating until those dogs stop their noises. AGAIN: Due to hospital's very late installation of a sound barrier with no notice as to the beginning of a trial period as kennel, which amounted to more than two years after their CUP of 2015' is unfair. No notice was ever given to the residential neighborhood residents in close proximity to the hospital as to what was going on, nor the fact they were and are conducting a kennel. The residents should have been made aware to insure participation, in order to insure receipt of accurate environmental information. Consequently, this lack of disclosure created an unfair surprise situation which is disturbing but can be corrected - for some of the many reasons as stipulated above. There should have been notice to the residential neighborhood from the City of Del Mar and/or the Animal and Bird Hospital that beginning 2018 (two and half years later) that an alleged sound barrier had been built and the kennel test had commenced 11/28 /2017. The consequence of excluding the residential neighborhood from what was taking place has now caused unfair surprise - approximately three years later since the CUP of year 2015 which the hospital is now seeking permanent permits for as a kennel. Please hear our reasons and consider far more reaching impacts to our community including what might be more residential living directly across the street from the hospital where Watermark is intending to build. The environmental impacts are potentially serious and there is still time to take proper precautions by causing adequate notice to the residents thereby allowing their involvement in order to gain a truer sense of measure concerning negative impacts. Respectfully, Del Mar Hillside Community Association Arnold Wiesel 2139 Heather Ln. Del Mar, Ca 3