2006-007 Bowman Appeal
RESOLUTION 2006-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS
GRANTING AN APPEAL BY RUSSELL BOWMAN OF A DETERMINATION OF THE
PLANNING AND BUILDING DIRECTOR AND THEREBY DETERMINING THAT
THE LANDSCAPE MAINTENANCE USES OF AMERICAN LANDSCAPE AND LLM,
LOCATED AT 556 UNION STREET, ARE RECOGNIZED AS LEGAL
NONCONFORMING USES
Whereas, in the early part of 2005, the City received comments from neighbors that
additional employee and truck traffic were being generated from the property located at 556
Union Street; and.
Whereas, the property is zoned R-3 (single-family, 3 du's per acre), which allows
agricultural and horticultural production uses, and horticultural service uses subject to the
approval of a use permit; and
Whereas, the existing uses on the subject site are greenhouse operations and horticultural
service (landscape maintenance) uses; and
Whereas, the existing uses on the subject site do not have an approved use permit; and
Whereas, on September 7,2005, the Director of Planning and l3uilding made an Initial
Determination that the nonconforming uses located at 556 Union Street have expanded and/or
intensified above the previously established nonconforming agricultural and horticultural
production uses, and that. new horticultural service (landscape maintenance) uses have been
introduced and, as such, have no nonconforming rights; and
Whereas, the owner, Russell Bowman, was given an opportunity to provide additional
information to the Planning Department that may support the existing agricultural uses as being
legal nonconforming; and
Whereas, based on the additional information provided by the owner and other
information as outlined in.the February 8, 2006 Agenda Report to the City Council, the Director
of Planning and Building made a Final Determination on November 28, 2005, determining that
1) the uses had expanded and/or intensified above the previously established horticultural service
uses (landscape maintenance), and 2) the horticultural service use remained inactive for at least
180 consecutive days; and
Whereas, Russell Bowman appealed the Director's determination to the City Council
and provided within their appeal additional information (written correspondence) from other
landscape businesses that have used the property from 1981 to 1999; and
Whereas, a public hearing was held before the City Council to considet: the appeal on
February 8, 2006; and
Whereas, based on the written testimony provided by the appellant, the previous uses
(Vitascape and Isber and Sons) had a total of 48 - 64 employees and 28 - 34 trucks/equipment
on the subject property from approximately 1986 to 1998; and
Whereas, American Landscape and LLM noted that they located on the property in
1998/99, and based on their testimony, they currently have a total of 30 to 46 employees and 19
- 26 trucks/equipment (LLM - 6 trucks/equipment and 12 employees, and American Landscape
- 18-34 employees to 13-19 trucks equipment); and
Whereas, based on the testimony, the current landscape maintenance uses (American
Landscape and LLM) have fewer employees and trucks/equipment than the previous landscape
businesses.
NOW, THEREFORE, with consideration given to the foregoing, the City Council has
determined the following:
1. The appeal of Russell Bowman is granted and it is determined that American
Landscape and LLM are legal nonconforming landscape maintenance businesses for
the property located at 556 Union Street.
2. The level of infensity for the existing landscape businesses shall be established at the
following:
a. American Landscape will have a maximum of 34 employees and 19
trucks/equipment, and
b. LLM will have a maximum of 12 employees and 6 trucks/equipment.
3. All employee vehicles and business trucks and equipment for the uses at 556 Union
Street shall be parked on the subject site, as agreed to by the owner, Russell Bowman,
at the February .8,2006 City Council hearing.
PASSED AND ADOPTED this 8th day of March, 2006, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Bond, Dalager, Guerin, Stocks.
None.
Houlihan.
A
NOTE: This action is subject to Chapter 1.04 of the Encinitas Municipal Code, which specifies
time limits for legal challenges.