1993-076CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(619) 633-2710
NOTICE OF DECISION
DCD-93-076
October 27, 1993
This letter is to inform you that the Director of Community
Development has approved your application for:
93-194 MIN (Sanderson) Minor Use Permit request to allow
horticultural services in a residential Zone (R=3). The
applicant's proposal is to operate a landscape services
business. Business location is 1027 Eolus Avenue (APN 254-
392-22), and 1036 Orpheus Avenue (APN 256-392-27).
This approval is subject to the following findings, pursuant to
section 30.74.070 of the City of Encinitas Municipal Code:
1. The location, size, design or operating characteristics of the
proposed project will be compatible with and will not
adversely affect and will not be materially detrimental to
adjacent uses, residences, buildings, structures or natural
resources, with consideration given to, but not limited to:
A. The adequacy of public facilities, services and utilities
to serve the proposed project;
B. The suitability of the site for the type and intensity of
use or development which is proposed; and
C. The harmful effect, if any, upon environmental quality
and natural resources of the City;
FINDING: The Minor Use Permit request would allow the
operation of a landscape services business in the R-3 Zone.
The operation would provide office service for the business
(1036 Orpheus Avenue) , and serve as a center for the landscape
services business, with the associated equipment and use as a
meeting place for the employees (1027 Eolus Avenue).
The applicant states that approximately 8 workers arrive at
approximately 8 a.m., Monday through Friday, and leave for job
sites after preparing equipment, utilizing 3 of the business
vehicles. Personnel arrive back at the property site at
anywhere from 2 - 6 p.m. After off-loading the vehicles,
employees depart the project site. Employees arriving to the
site in their personal vehicles do not park in the public
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right of way. Planning staff has observed that the subject
property is kept clean and orderly, and that the equipment is
located in such a manner that it is not apparent from the
street that a, landscape maintenance business is being
operated.
The 300 ft. radius public notification resulted in a response
from one property owner, Martin Whitmore, who resides at 1040
Orpheus Avenue (adjacent to the business site). Mr. Whitmore
stated that such a business in a single family residential
zone should be maintained such that business operations are
not intrusive or readily apparent. He stated that this has
not been the case with the Sanderson's landscape business due
to the following:
a. The portable toilet and trucks are somewhat visible
through the existing landscaping.
b. Workers come to the "office" location at 1036 Orpheus
Avenue.
C. The operation of the wood splitter constitutes a nuisance
to him and his household.
To mitigate the impacts associated with item "a" above, the
applicant has stated that a 6 ft. cedar fence will be
constructed along the westerly and northerly property lines of
1036 Orpheus Avenue (the applicant states that the
construction of the final easterly 50 ft. of said fence will
have to wait for Mr. Whitmore to stabilize this area of his
property). Condition no. 3 (below) has been established to
require the installation of the 6 ft. wood fence.
The applicant states that no employees come to 1036 Orpheus
Avenue. Additionally, the applicant states that the wood
splitter in not used in association with the business, and
that when is operated, it is done so in a manner which would
cause a minimum of disturbance to the neighbors. Conditions
4 & 5 have been established to provide for regulation of
workers and for the using of the wood splitter.
2. The impacts of the proposed project will not adversely affect
the policies of the Encinitas General Plan or the provisions
of the Municipal Code;
FINDING: Section 30.01 (item 168) states that horticultural
services in a residential zone require a minor Use Permit.
No evidence has been submitted to indicate that any policies
of the General Plan or Municipal Code would be adversely
affected by the proposed landscape services business. This
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approval satisfies the requirement for the obtaining of a
minor use permit.
3. The project complies with all other regulations, conditions or
policies imposed by the Municipal Code.
FINDING: The Municipal (Zoning) Code allows for horticultural
services in a residential zone with the approval of a minor
use permit.
The project conforms in all other aspects with the development
standards of the Municipal Code.
4. The project is found to be exempt from Environmental Review,
per CEQA Section 15303(C).
This approval is subject to the following conditions:
1. The approved horticultural use shall conform to the
application submitted to the City and dated received on
September 291 1993, and shall not be modified without prior
City approval.
2. The applicant shall cause to be recorded a covenant regarding
real property which sets forth this grant of approval. The
covenant shall bear the notarized signature of the property
owner and be in form and content satisfactory to the Director
of Community Development. In order to maintain the validity
of this Use Permit, said covenant shall be recorded within 30
days from the date of this approval.
3. The applicant shall install a 6 ft. wood fence along the
westerly and northerly property lines of 1036 Orpheus Avenue
within 90 days of the date of this approval. The fence shall
conform with the fencing standards found in Municipal Code
Section 30.16.010(F).
4. The property at 1036 Orpheus Avenue shall be used as office
space only. Due to the restrictive size of the roadway
fronting 1036 Orpheus Avenue, business employees shall not
utilize Orpheus Avenue for business purposes. All field work
shall be conducted from and all field equipment shall be
stored at 1027 Eolus Avenue.
5. The use of the wood splitter shall be in compliance with noise
standards for the R-3 Zone. Per chapter 30.40 of the
Municipal Code, noise levels shall not exceed 50 decibels from
the hours of 7 a.m. to 10 p.m., or exceed 45 decibels from 10
p.m. to 7 a.m., as measured from the subject property line.
JK/93194MIN.DEC (10-27-93) 3
6. The property owner shall receive all other necessary approvals
from other authorized agencies, including as follows:
California Coastal Commission.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
7. Prior to the recording of the above described covenant, the
applicant shall submit a letter from the Fire District stating
that all development impact, plan check and/or cost recovery
fees have been paid or secured to the satisfaction of the
District.
8. Address numbers shall be clearly visible from the street
fronting the structure.
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.
Patrick S. Murphy
Community Development Director
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