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1995-045CITY OF ENCINITAS COMMUNITY DEVELOPMENT DEPARTMENT 505 So. Vulcan Avenue Encinitas, CA 92024 (619) 633-2710 NOTICE OF DECISION DCD-95-045 August 17, 1995 This letter is to inform you that the Director of Community Development has approved your application for: 95-177 MIN (Valley) Minor Use Permit request to allow two farm employee housing units, in the RR-2 Zone, for property located at 2423 Fifth Street (APN 259-221-11). Project Description and Discussion: As per Section 30.48.040-U of the Municipal Code, the applicant proposes to establish two farm employee housing units. Discussion addressing the standards applicable to this Section are below. The project site is approximately 12.5 acres and is developed with a primary residence (to be re-built) and two barn structures. One of the barn buildings contains a living unit (farm employee housing unit) which was established without a building permit. Condition no. 4 of this notice requires that this unit be legalized prior to occupancy. Of the two existing barns, a portion of the southerly structure (containing the living unit) was constructed in a non-utilized public right-of-way (4th Street). The applicant is processing a right-of-way vacation request to alleviate this condition. Prior to the issuance of a building permit legalizing the living unit in this structure, either the vacation process must be complete, or an encroachment permit must be issued (condition no. 5). Additionally proposed on the project site is a second farm employee housing unit to be located in a mobile home on the southerly end of the property, in the vicinity of the other accessory buildings. Condition no. 6 of this notice requires that this unit be established with any required building permit prior to occupancy. Portions of the subject property are located within the flood plain. The applicant's site plan has provided a flood plain line indicating that no habitable structures are located within the flood plain. The only structures located within the flood plain are three open sided shade structures. The Engineering Department has reviewed the site plan and concurs with the placement of the flood plain line. JK95177MIN.DEC (8-17-95) 1 Community Development Staff visited the site prior to the administrative hearing which was conducted on August 10, 1995. The applicant was present at the hearing with other persons from the community present who expressed concerns addressed in the conditions of approval portion of this notice. A standard 300 ft. radius public notification was sent for the application. This approval is subject to compliance with the following standards, pursuant to section 30.48.040-U of the City of Encinitas Municipal Code: Farm employee housing is a permitted accessory use in conjunction with a single detached dwelling or agricultural use upon issuance of a minor use permit provided that: (Ord. 92-30) 1. The number of living units is reasonably related to the number of farm employees required for agricultural operations on the parcel on which the farm employee housing is located. Conclusion: The Community Development Department determines that this standard is satisfied in that the applicant has submitted a letter (dated rec. Aug. 1, 1995) indicating the need for farm employees, to be housed in two units, is necessary to maintain the 12.5 acres, which will contain approximately 10 - 15 horses. 2. Farm employee housing is permitted at a minimum of one dwelling unit per lot. This unit shall be treated as an accessory unit (Section 30.48.040W). Additional housing units shall conform to the Density Standard. Conclusion: The Community Development Department determines that this standard is satisfied in that the 12.5 acre property with the RR-2 Zoning supports the density of the two farm employee housing units and the principal residential unit. 3. Farm employee housing shall be occupied only by farm employees (and their families) engaged in agricultural labor on the same parcel as the primary dwelling or on other land owned or leased and farmed by the owner or employer, and shall not be otherwise occupied or rented. Conclusion: The Community Development Department determines that this standard is satisfied in that the applicant has submitted information stating that the need for the employees is associated with farm-related activities on the property. Staff review of the application and the project site confirms that the property supports and will support significant farm related activities associated with maintenance of the 12.5 acre property and the proposed horse keeping. JK95177MIN.DEC (8-17-95) 2 4. All farm employee housing in excess of the first unit shall be located within a mobilehome. The authorized agency, upon making the findings for a use permit may grant an exception or modification of this requirement. Conclusion: The Community Development Department determines that this standard is satisfied in that one of the housing units is to be located within a standard structure, and the second housing unit is to be located in a mobile home. 5. If farming activity is not in progress at the time of application, the minor use permit may be conditioned to require review to ensure that bona-fide farming activity commences within a reasonable time. Conclusion: The Community Development Department determines that this standard is satisfied in that the 12.5 acre property has current maintenance needs, and that the applicant has stated that horses will be brought to the property in the near future. 6. Farm employee housing shall be removed or converted to another permitted use at such time as the farming activity to which it relates ceases operation for more than twelve consecutive months. Conclusion: This requirement is addressed in condition no. 7 below. The project is found to be exempt from Environmental Review, as per CEQA Guidelines Section 15303-e & 15061. This approval is subject to the following conditions: 1. The approved minor use permit for farm employee housing shall conform to the application submitted to the City and dated received on July 11, 1995, and shall not be modified without prior City approval. 2. In the event that any of the conditions of this permit are not satisfied, the Community Development Department may cause a noticed hearing to be set by the authorized agency to determine why the City of Encinitas should not re-review this permit. 3. This use permit authorizes no commercial activities in association with the approved farm employee housing units, except that which may qualify under Section 30.48.040-M (Home Occupations). 4. The living unit located within the southerly barn structure shall be legalized with a finaled building permit prior to occupancy of said unit. JK95177MIN.DEC (8-17-95) 3 5. Prior to the issuance of building permit to legalize the living unit located within the southerly barn structure, either the vacation process (4th Street) must be complete, or an encroachment permit must be issued by the Engineering Dept. 6. Prior to occupancy of the subject mobile home, any necessary building permits shall be obtained and finaled. 7. The farm employee housing shall be removed or converted to another permitted use at such time as the farming activity to which it relates ceases operation for more than twelve consecutive months. 8. The two approved living units shall receive appropriate permits and connect to the sewer line prior to occupancy. 9. The two living units shall be occupied by the farm laborers and their immediate family. The applicant has stated that the immediate family consists of a married couple and three children for one unit, and a married couple and two children for the other unit. 10. The applicant shall provide emergency access to the property, to the satisfaction of the Fire Department. Specifically, the applicant shall provide gated access to the property at the terminal area of 4th Street (southwest corner of property), providing a minimum of 16 ft. wide paved access from a point intersecting the adjacent private road easement (location of existing gate) to the easterly terminus of the corral posts, as specified by a Fire official during the site visit of 8-11-95, and as specified on the approved site plan. Said gate shall remain closed except for emergency purposes. 11. Prior to the issuance of a building permit for either of the farm employee housing units, the applicant shall cause to be recorded a covenant in form and content satisfactory to the Director of Community Development regarding real property which sets forth this grant of approval. In accordance with the provisions of the Municipal Code, this decision may be appealed to the city council within fifteen (15) calendar days of the date of this determination. This notice constitutes a decision of the Community Development Department only. Additional permits, including Building Permits, may be required by the Building Department or other City Departments. It is the property owner or applicant's responsibility to obtain all necessary permits required for the type of project proposed. If you have any questions regarding this determination, please contact Jim Kennedy at the Community Development Department by telephoning (619) 633-2715. 41 taird'ra of er Community Development Director JK95177MIN.DEC (8-17-95) 4