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1992-11 . . . RESOLUTION NO. OL-92-11 A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS APPROVING A MINOR USE PERMIT FOR A FARM EMPLOYEE HOUSING UNIT AND FOR HORTICULTURAL OPERATIONS AND SALES FOR PROPERTY LOCATED AT 3798 MANCHESTER AVENUE AND LEGALLY DESCRIBED HEREIN (CASE NO.: 91-217 MIN) WHEREAS, a request for consideration of a Minor Use Permit application for a Farm Employee Housing unit and Horticultural Operations was filed by otis and Betty Jane Andrews to allow for the occupancy of an existing trailer coach by a farm employee and family and the establishment of a boxed tree nursery on a 1.34 acre parcel of property located at 3798 Manchester Avenue, legally described as; All that portion of Parcel 3 of Parcel Map 11245 recorded April 30, 1981, in the office of the County Recorder of San Diego County, State of California, more specifically described in the Grant Deed recorded April 21, 1983 as Document #83-128613. WHEREAS, a public hearing was conducted on the application on March 3, 1992 and continued to the meeting of April 7, 1992 before the Olivenhain Community Advisory Board; and WHEREAS, the Community Advisory Board considered: 1. The staff reports dated February 27 and March 31, 1992; and 2. The Minor Use Permit application, site Plan and Statement of Justification received by the City on December 12, 1991; and 3. Oral eviden~e received from the public, the applicant and City staff submitted at the hearing; and Written evidence submitted at the hearing; and 4. 5. The adopted General Plan, Zoning Code, Subdivision Ordinance and associated Land Use Maps; and WHEREAS, the Olivenhain Community Advisory Board made the following findings pursuant to section 30.74.070B of the Municipal . Code related to Use Permits: SEE ATTACHMENT "A" NOW Minor Use Permit THEREFORE, BE that IT RESOLVED application #91-217 for a Farm Employee Housing Unit and for Horticultural Operations is approved by the Olivenhain Community Advisory Board subject to the following conditions: 1. A. . GENERAL CONDITIONS B. This approval may be appealed to the Planning Commission within 15 calendar days from the date of this approval. Approval of this application shall not waive compliance wi th any sections of the Zoning Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived herein. C. Permits or proof of exemption will be required from the State Coastal Commission and any other applicable governmental agencies prior to Building Permit issuance or the relocation of the Farm Labor Housing unit. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. SITE DEVELOPMENT A. B. C. . Prior to any use of the project site in reliance on this approval, all conditions of approval contained herein shall be completed, or agreed upon, to the satisfaction of the Director of Community Development. For new residential dwelling unit (s), the applicant shall pay development fees at the established rate. Such fees may include, but shall not be limited to: Permit and Plan Checking Fees, School Fees, Water and Sewer Service Fees, Traffic Fees, Drainage Fees, Affordable Housing in- lieu Fees and Park Fees. Arrangements shall be made to the satisfaction of the appropriate department or agency to pay the impact fees prior to Building Permit issuance. Pursuant to Municipal (Zoning) Code Section 30.48.040U 5, within 45 calendar days of the approval of this permit, the subj ect property shall be inspected by Community Development Department staff to determine that the proposed horticultural operation (boxed tree nursery) has . . . 3. been established. Should the nursery operation not be established or, if it is established and then discontinued, staff shall report to the Community Advisory Board who will determine if a Public Hearing should be noticed to consider the revocation of this permit. MINOR USE PBRMIT A. The property owner shall execute and record, to the satisfaction of the Community Development Director, a covenant which shall remain with the Title to the property. Said covenant shall record this Resolution of Approval for the Minor Use Permit with all conditions including the following provisions: (a) The 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. (b) The property owner consents to reasonable inspection of the property by the Code Enforcement Officer to verify that the occupancy restrictions and other conditions of this approval are being maintained. (c) 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. B. The number of occupants of the Farm Employee Housing unit is limited to a maximum of four (4) individuals and the keeping of domestic animals is prohibited. C. The Farm Employee Housing unit shall be relocated to provide a loa-foot buffer from the lagoon wetland (ie: the previously established "silt berm"). The unit will be relocated to an area adjacent to the paved access road and will be provided with sewer facilities. Minimal grading to accomodate the mobile home relocation and a small porch area at its entry is permitted to the satisfaction of the City Engineer. The mobile home is considered a temporary (Group "C") structure for a period of six (6) years to April 7, 1998. By said date, the mobile home shall have been removed or the applicant shall submit and receive approval for an amendment to the Minor Use Permit to considered the mobile home a permanent structure. The horticultural use shall be limited to the growing of boxed trees (ie: Australian Queen Palms, etc.). This type of growing activity will not require the use of pesticides and will not allow the leaching of fertilizers into the soil which could impact the lagoon wetlands. City approval of a Use Permit Modification shall be D. . . . required prior to establishing any other growing activity which would increase the intensi ty of the operation beyond this approval, would require chemical pesticides, herbicides and/or fertilizers, or intensify the type of irrigation systems. E. The horticultural use shall be limited to the growing of boxed trees which utilize a drip irrigation system. Any grading on the site which could result in an increase of irigation or storm water run-off from the site into the lagoon wetland is prohibited. 4. FIRE PREVENTION DISTRICT A. Access Roadways: The clear and unobstructed paved width of a fire access roadway shall not be less than sixteen (16) feet. B. Address numbers shall be clearly visible from the street fronting the structure. The height of numbers shall conform to Fire District standards. Where structures are located off a roadway on long driveways, a monument shall be placed at the entrance where the driveway intersects the main roadway. Permanent address numbers shall be displayed on this monument. C. Prior to Building Permit issuance, the applicant shall submit to the Planning Department 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 Fire District. D. Smoke detectors shall be installed in all sleeping areas and shall be inspected by the Fire District prior to Final Occupancy approval. 5. PUBLIC WORKS' CITY ENGINEER The applicant shall contact the City Engineering Department regarding compliance with the following conditions: A. All City Codes, regulations, and policies in effect at the time of Building Permit issuance shall apply. DRAINAGE CONDITIONS: The proposed proj ect falls wi thin areas indicated as subject to flooding under the National Flood Insurance Program and is subject to the provisions of that program and City Ordinance. The construction of any permanent structure within the 100-year flood plain is prohibited. UTILITIES: B. C. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. D. The developer shall be responsible for coordination with SDG&E, Pacific Telephone, and all other utility agencies. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. . M. 6. CITY BUILDING DEPARTMENT: The mobile home is defined as a temporary living unit and shall comply with state Title 24 for Group "C" occupancy as enforced by the state Fire Marshal. If permanent foundations are proposed in the future, plans for the trailer coach shall be submitted to the Building Department for plan check review. BE IT FURTHER RESOLVED that the Olivenhain Community Advisory Board has found this project to be exempt from environmental review pursuant to sections 15301(e), 15303(a) and (e) and 15304 (b) of the California Environmental Quality Act (CEQA) since the project is for existing residential structures and appurtenant agricultural production and will not pose a significant effect on environmental resources as designed and conditioned. PASSED AND ADOPTED this 7th day of April, following vote, to wit: 1992 by the AYES: Bode, Schafer, Mazanec, Kitnick NAYS: Van Slyke . ABSENT: None ABSTAIN: None Bryan. chafer, Chairman of the Olivenhain Community Advisory Board, City of Encinitas ATT~Q_~ Craig R. Olson Assistant Planner . . (A) . (B) . ATTACHMENT "A" Findings for Approval of a Minor Use Permit for a Farm Employee Housing Unit and Horticultural Operations in Accordance with Section 30.74.070B of the Municipal (Zoning) Code 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: 1. The adequacy of public facilities, services and utilities to serve the proposed project: 2. The suitability of the site for the type and intensity of use or development which is proposed; and The harmful effect, if any, upon environmental quality and natural resources of the City: Pacts: The proposed Farm Employee Housing unit has been occupied for approximately eight years and the application for the Minor Use Permit was made to bring the use into conformance with current Code standards. The proposed Horticultural Operation will grow boxed trees as a nursery use. 3. Discussion: Staff can find no evidence to indicate that the Farm Employee Housing or horticultural operation would not be compatible with surrounding uses or that it would adversely affect natural resources. All utilities are currently available to the subject property to support the proposed use and no permanent structures are proposed to be constructed within areas identified to within the 100-year flood plain. Conclusion: The Olivenhain Community Advisory Board finds that the project proposes no adverse impacts to existing uses within the area. All public utilities and facilities necessary to conduct the residential and horticultural uses currently exist for the site and no adverse impacts to the environment have been identified. The impacts of the proposed project will not adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code: Pacts: The Farm Employee Housing and Horticultural Operation conform to the development standards for the Zoning District in which it is located and the applicant has sought Minor Use Permit approval to bring the use into conformance with current Zoning Code standards and to all policies of the General Plan. . . . (C) Discussion: Staff can find no evidence to indicate that the Farm Employee Housing or Horticultural Operations would adversely affect the policies of the General Plan or the applicable standards of the Municipal (Zoning) Code after having reviewed all evidence submitted during the project review period. Conclusion: The Board can identify no policies of the General Plan that would be adversely affected by the proposed uses. Farm Employee Housing and Horticultural Operations are permitted by Section 30.48.040U and V of the Zoning Ordinance since the use of the property will be for nursery operations for boxed trees and the occupancy of the Farm Employee Housing unit will be limited to only authorized individuals as a condition of the Minor Use Permit. All other development standards of the RR Zoning District are satisfied by the project design. The project complies with all other regulations, conditions or policies imposed by the Municipal Code. Facts: The Farm Employee Housing unit complies with all the standards specified by section 30.48.040U of the Municipal (Zoning) Code. In addition, the approval is conditioned by the Use Permit to assure continued compliance with the provisions of the Municipal Code. Discussion: Staff can find no evidence in the material reviewed during the processing of the application that would indicate that the proposed Farm Employee Housing and the Horticul tural Operation would not comply with regulations conditions or policies of the Municipal Code. Conclusion: since the Zoning Ordinance allows for Farm Employee Housing and Horticultural Operations as an accessory use to a single family residence upon issuance of a Minor Use Permit and the project conforms in all other aspects with the Development Standards of the RR Zoning District, the Board finds that all regulations, conditions and policies of the City's Municipal Code are satisfied.