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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.