1992-11
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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
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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.
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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
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(A)
.
(B)
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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.
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(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.