Conditional Use Permit 2013-01. Fabian Maldonado has applied for a Conditional Use Permit to cultivate sweet potatoes on a 5.62-acre parcel located on the north side of F Street, between the northerly extension of Winton Parkway and Livingston Middle School on property zoned R-1, Low Density Residential (APN: 022-010-018).

Note from TheGardeningSnail. This page was prepared by bouncing a PDF file through a program that converts Image to Text. To see the PDF file, click on the May 14, 2013 Agenda Packet: Pages 13-21

a. Conditional Use Permit 2013-01. Fabian Maldonado has applied for a Conditional Use Permit to cultivate sweet potatoes on a 5.62-acre parcel located on the north side of F Street, between the northerly extension of Winton Parkway and Livingston Middle School on property zoned R-1, Low Density Residential (APN: 022-010-018).

Agenda Item#:  4a.

Meeting Date:  May 14,2013

Report Date: May 8, 2013

CITY OF LIVINGSTON PLANNING COMMISSION STAFF REPORT

CITY FILE NUMBER: Conditional Use Permit 2013-01 -Public Hearing

OWNER/APPLICANT:

Alan & Becky Biedermann 1220 Brennan Road Escalon, CA 95320

Fabian Maldonado 750 Almondwood Drive Livingston, CA 95334

PROJECT LOCATION: North side of"F" Street, between the northerly extension of Winton Parkway and Livingston Middle School

PROPOSED ACTION: Consideration of Conditional Use Permit (CUP) 2013-01 to cultivate sweet potatoes on a 5.62 acre property (APN 022-010- 018).

PREPARED BY: Miguel A Galvez, Contract Associate Planner

Property Size: 5.62 acres

Existing Land Use: Vacant land

1999 General Plan Land Use Designation: Low/Estate Density Residential

Zoning: Low Density Residential (R-1)

Street Access: "F" Street

Adjacent General Plan Land Use Designation & Zoning District:

North: Community Commercial & Community Commercial (C-2)

South: Low/Estate Density Residential & Low Density Residential (R-1)

East: Low/Estate Density Residential & Low Density Residential (R-1)

West: Public Facility & Public Quasi-public Facility (PF)

PROJECT DESCRIPTION:

The applicant, Mr. Fabian Maldonado proposes to cultivate sweet potatoes on a 5.62-acre property located on the north side of"F" Street, between the northerly extension of Winton Parkway and the Livingston Middle School on property zoned R-1, Low Density Residential.

The applicant would plant sweet potatoes in April through May and harvest in August through September of each year. The applicant reports that he would not use herbicides or pesticides on the property. The operation would include the use of non-odorous grain-sized fertilizer.

The applicant would water the field from the Merced Irrigation District canal before and after disking the ground to address any dust control. The applicant proposes to irrigate the sweet potato crop through the use of filtered canal water pumped into a drip irrigation system.

The applicant proposes to harvest the sweet potato crop and transport it off the property into a warehouse located off-site within 48 hours of harvesting. There are no reports of smell from sweet potatoes.

The operation would involve up to three employees, including the applicant. All workplaces in the United States are required to provide suitable and sanitary bathroom facilities according to standards of the Occupational Safety and Health Administration (OSHA). These standards apply to permanent rooms in buildings as well as portable facilities provided on temporary job sites, such as those involved with construction projects and agricultural work.

ANALYSIS:

The property is presently bare, but was previously cultivated with sweet potatoes. The south property line along "F" Street is fenced, has grape plants growing to form a natural barrier.

There is a paved pedestrian path located between the street and the fenced property. Middle school students use the walkway. The western property line abuts the Livingston Middle School which has a fenced athletic track and field. The eastern property line abuts the already dedicated, but undeveloped Winton Parkway right-of-way. The northern property line abuts a vacant field that is zoned for commercial uses.

The cultivation of crops on the property will be limited to this property and will not be allowed on both "F" Street and Winton Parkway rights-of-way. The access location to and from the property will be approved by the City Engineer and Public Works Director. The applicant is aware by virtue of this CUP that any improvements to "F" Street and Winton Parkway right-of­ way may affect access to and from the property and cultivation activities.

The adjacent school site is requesting that operation of any heavy equipment near school grounds be limited to times that students are walking to school. The School District’s times of concern are 7:30a.m. through 8:15a.m. before school and 2:30p.m. through 4:00p.m. after school. This same concern is applicable along the "F" Street frontage next to the property.

CONDITIONAL USE PERMIT:

Livingston Municipal Code (LMC) Section 5-3-15 -Table 2 Land Use- Residential Zoning Matrix allows the cultivation of crops subject to the approval of Use Permit from the Planning Commission. LMC Section 5-5-12 Cultivation of Seasonal or Annual Crops provides for the cultivation of seasonal or annual crops on parcels larger than five acres subject to approval of a Conditional Use Permit.

LMC 5-5-12 C. Development Standards: All cultivation of seasonal or annual crops must comply with the following standards:

1. Cultivation is only permitted on lots larger than five acres. The subject property in this application consists of a 5.62-acre parcel- development standard met.

2. Only annual or seasonal crops may be planted. Perennial crops are prohibited.

Sweet potatoes are both annual and perennial crops depending on the hardiness of the climate. In temperate climates, sweet potatoes are grown as annual crops.

3. The property has adequate water supply to support the proposed activity. The property is adjacent to Merced Irrigation District canal (Hammatt- Livingston) and the property is served by it.

4. Aerial spraying of pesticides or herbicides is prohibited. Additional limitation on the use of chemicals may be imposed in the Conditional Use Permit. The applicant does not propose to utilize herbicides or pesticides.

LMC 5-6-9: E. Criteria: In considering an application for conditional use permits, the following criteria shall be as follows:

3. Findings required for approval shall include:

a. The site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features required by the applicable zoning district. The property consists of a 5.62-acre parcel and can safely and effectively accommodate the cultivation and harvesting of sweet potatoes on the property.

b. The site for the proposed use is served by streets and highways adequate to carry the quantity and kind of traffic generated by the proposed use. The site is fronted by "F" Street along its southern property line allowing vehicular access to the property. Vehicular traffic will consist of three on-site employees that will access the property between April and September along with transportation trucks entering and leaving the property during the harvest season in the months of August and September. Tractors will be used during planting and harvesting times. Vehicular access to and from the property shall be as approved by the City of Livingston.

c. Public facilities are currently adequate to serve the proposed use or improvements are included in an approved Capital improvement Plan or otherwise will be completed prior to the issuance of building permits. Adequate facilities needed to serve the proposed use include irrigation canal(s) and street access, which both are adequate to serve the site as they had been in the past.

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d. The proposed development is consistent with the General Plan. If granted, it should be made subject to those conditions necessary to preserve the general welfare, not the individual welfare, of any particular applicant. The proposal is consistent with the 1999 General Plan Policy 5.l.A: Preserving prime farmland, farmland of statewide importance and important agricultural operations within the Livingston City Limits and Sphere of Influence until logical and orderly urban growth is appropriate.

ENVIRONMENTAL STATUS:

The Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15304 Minor Alterations to Land- Class 4 consists of minor public or private alterations to the condition of land, water, and/or vegetation which do not involve the removal of healthy, mature, scenic trees, except for forestry and agricultural purposes.

RECOMMENDATION:

Staff recommends that the Planning Commission adopt the Resolution approving Conditional Use Permit 2013-01 to cultivate and harvest sweet potatoes on a 5.62-acre parcel commonly known as APN 022-010-018 subject to the findings listed above and the conditions of approval as listed on the attached Planning Commission Resolution.

ATTACHMENTS:

1. Project Location and Zoning Map

2. Aerial map of project site

3. Resolution 2013- , A Resolution approving Conditional Use Permit 2013-01

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RESOLUTION 2013-

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LIVINGSTON APPROVING CONDITIONAL USE PERMIT 2013-01 TO ALLOW CULTIVATION OF SWEET POTATOES ON A 5.62-ACRE PROPERTY COMMONLY KNOWN AS

APN 022-010-018- FABIAN MALDONADO, APPLICANT

WHEREAS, Fabian Maldonado submitted a Conditional Use Permit application ("CUP") to conduct cultivation activities on property commonly known as APN 022-010-018, (the "Project") located within the Livingston City Limits; and

WHEREAS, the Project has been reviewed with reference to the 1999 General Plan and the Zoning Code (LMC 5-5-12 and 5-6-9) and the Project is consistent with the 1999 General Plan Policy 5.1.A: Preserving prime farmland, farmland of statewide importance and important agricultural operations within the Livingston City Limits and Sphere of influence until logical and orderly urban growth is appropriate; and

WHEREAS, the Project has been properly noticed by posting, a newspaper ad and a mailing to adjacent properties within 300 feet of the site; and

WHEREAS, the Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15304, Class 4 consists of minor public or private alterations to the condition of land, water, and/or vegetation which do not involve the removal of healthy, mature, scenic trees, except for forestry and agricultural purposes.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission adopts Resolution 2013-_, approving Conditional Use Permit 2013-01 for the Project, based on the following findings of fact:

a. The site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features required by the applicable zoning district. The property consists of a 5.62-acre parcel and can safely and effectively accommodate the cultivation and harvesting of sweet potatoes on the property.

b. The site for the proposed use is served by streets and highways adequate to carry the quantity and kind of traffic generated by the proposed use. The site is fronted by "F" Street along its southern property line allowing vehicular access to the property. Vehicular traffic will consist of three on-site employees that will access the property between April and September along with transportation trucks entering and leaving the property during the harvest season in the months of August and September. Tractors will be used during planting and harvesting times. Vehicular access to and from the property shall be as approved by the City of Livingston.

c. Public facilities are currently adequate to serve the proposed use or improvements are included in an approved Capital Improvement Plan or otherwise will be completed prior to the issuance of building permits. Adequate facilities needed to serve the proposed use include irrigation canal(s) and street access, which both are adequate to serve the site as they had been in the past.

d. The proposed development is consistent with the General Plan. If granted, it should be made subject to those conditions necessary to preserve the general welfare, not the individual welfare, of any particular applicant. The proposal is consistent with the 1999 General Plan Policy 5.l.A: Preserving prime farmland, farmland of statewide importance and important agricultural operations within the Livingston City Limits and Sphere of Influence until logical and orderly urban growth is appropriate.

e. Cultivation is only permitted on lots larger than five acres. The subject property in this application consists of a 5.62-acre parcel- development standard met.

f. Only annual or seasonal crops may be planted. Perennial crops are prohibited. Sweet potatoes are both annual and perennial crops depending on the hardiness of the climate. In temperate climates, sweet potatoes are grown as annual crops.

g. The property has adequate water supply to support the proposed activity. The property is adjacent to Merced Irrigation District canal (Hammatt- Livingston) and the property is served by it.

h. Aerial spraying of pesticides or herbicides is prohibited. Additional limitation on the use of chemicals may be imposed in the Conditional Use Permit. The applicant does not propose to utilize herbicides or pesticides.

BE IT FURTHER RESOLVED, that the Livingston Planning Commission adopts Resolution 2013-_, approving Conditional Use Permit 2013-01 based on the following conditions:

1. If the approved use does not commence within one year of the date of approval, the Conditional Use Permit shall become invalid.

2. A handicap model port-a-potty shall be provided on-site and well maintained in accordance with the standards of the Occupational Safety and Health Administration (OSHA).

3. There shall be no outdoor storage of trailers, shipping containers or inoperable equipment on the property.

4. If the City receives a dust complaint on a windy day and can verify the dust is coming from sweet potato cultivation activities then the applicant shall irrigate the site.

5. The planting of sweet potatoes to occur in April through May of each year. Harvesting of all cultivated sweet potatoes on the property to occur in August through September of each year. Transportation of harvested sweet potatoes of the property will be conducted promptly and not later than two days (48 hours) after being harvested.

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6. The cultivation activities shall be limited to the property and will not encroach into the "F" Street and Winton Parkway rights-of-way. The applicant, by virtue of this CUP, is aware and acknowledges that any improvements to both "F" Street and Winton Parkway rights­ of-way may affect access to and from the property and affect cultivation activities.

7. The applicant shall cooperate with the City of Livingston on any improvement activities on "F" Street and Winton Parkway adjacent to the property.

8. The vehicular access location to and from the property will be as approved by the City Engineer and Public Works Director prior to the beginning of any cultivation activities.

9. The applicant will not operate heavy equipment near the Livingston Middle School grounds or along "F" Street during the hours of7:30 a.m. through 8:15a.m. before school and 2:30p.m. and 4:00p.m. after school.

10. All planted sweet potatoes shall be harvested each year.

ll. The aerial spraying of herbicides and pesticides as part of the cultivation activities on the property are prohibited. Only non odorous fertilizers shall be utilized on the property.

12. The applicant shall maintain the property clear of trash, debris and weeds.

The foregoing resolution was introduced and moved for adoption on May 14,2013, by _ and being duly seconded by , was passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

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Chair, Secretary of the Planning Commission,

MIGUEL A. GALVEZ

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