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