Oakley planning commission approves conditional-use permit for Elkhorn nursery with noise, parking and landscaping conditions

The Oakley City Planning Commission on June 4 approved a conditional-use permit allowing a landscaping nursery and farm business, including greenhouses and equipment/material storage, on Parcel Elkhorn A at 1050 East Weber Canyon Road, subject to multiple conditions addressing noise, hours, parking, screening and operational controls.

Commissioners and staff said the permit will include specific conditions requiring greenhouse fan specifications and a noise assessment, limits on hours and employee parking, a landscaping (berm/evergreen) and dust-control plan, and annual backflow/certification and chemical/fuel storage plans. The commission instructed staff to compile the agreed edits into a clean conditional-use permit (CUP) draft for legal review and recording with the parcel.

The permit matter was a continuation of the May 7 meeting. Planning staff described the proposed operation as a landscaping nursery and farm business using existing buildings, nursery areas and up to several greenhouses; the application identified hours of operation roughly in the 7 a.m. to 7 p.m. range and projected a peak-season employee count of up to 20. The applicant said the site will not be open to the public for retail sales; deliveries and farm/landscape vehicles will access the property.

Why it matters: Commissioners said the scale and equipment of greenhouse operations can generate continuous noise and on-site vehicle traffic visible from nearby residences. The conditions aim to reduce likely impacts while allowing the operator to run a seasonal agricultural/landscape business.

What the commission required and discussed - Noise and fans: The applicant agreed to provide fan cut sheets, automated fan controls and a cumulative noise analysis showing that the combined operation of all fans will meet the city noise ordinance at the point of receipt. Planning staff and the city attorney emphasized that compliance must be demonstrated at the property boundary or neighbor’s point of receipt rather than by single-fan levels alone. The applicant said the fans will be positioned and automated to limit noise.

- Hours and 24-hour plant operations: The permit's hours of business were discussed as 7 a.m.–7 p.m. for the public/business operation; commissioners clarified that greenhouse biological processes (plant growth) operate 24 hours and that the condition addresses people/employee operations. The applicant warned that moving the end hour earlier would compress typical 10-hour workdays and affect labor (including high-school workers).

- Employees, vehicles and parking: The applicant stated a peak workforce of up to 20 employees, plus on-site equipment (eight vehicles and eight tractors/mowers were described in the discussion). Commissioners and the applicant agreed to designate employee parking and equipment storage; the draft condition discussed a cap of roughly 36 designated parking/storage spaces (employees + equipment), to be shown on the site plan.

- Screening, berms and canal buffer: The commission directed a landscape plan be submitted for the canal edge that emphasizes evergreen screening in key gaps and avoids monotonous, straight berms. Staff and commissioners said berms should undulate and include a mix of evergreen plants to provide winter screening and avoid creating a greater visual problem than they solve. The plan must respect the canal easement and avoid worsening canal maintenance or flow.

- Dust and access surfaces: Commissioners discussed dust control for access and parking areas and asked that driving surfaces be dust-resistant and porous where possible (examples discussed: gravel, recycled asphalt "rotomill," or stabilized gravel). The permit will not require asphalt; the chosen materials must limit dust while minimizing impervious runoff into the canal.

- Waste, chemical/fuel storage and water: The operator must provide a covered commercial dumpster screened from view and emptied as-needed, a chemical storage plan (including containment for diesel/fuel tanks or refilling equipment), and annual backflow certification submitted to the city. The applicant said secondary irrigation water will be used when available and that the house on the property is on city water.

- Wetlands, canals and creek work: Any wetlands will be delineated and protected; canal easements must remain accessible for maintenance and possible future piping. Any modifications to White’s Creek require city-engineer approval and may require state stream alteration permits.

- Residence separation and short-term rentals: The applicant said the on-site residence is intended to remain separate from business operations and will be fenced off from the nursery/greenhouse area. Commissioners agreed language should specify that the house and its driveway remain separate from the commercial operation; discussion on short-term rentals was deferred to the city’s separate short-term rental process. The commission directed the permit language to permit only owner/long-term tenants and not to create a blanket approval for nightly rentals.

Outcome and next steps The commission voted to approve the conditions discussed at the meeting and instructed staff to prepare a clean CUP document that incorporates the edits and attorney comments; the clean draft will be circulated to both parties and to the city attorney for finalization before the CUP is recorded with the property. The motion to approve the conditions as discussed passed (recorded in the meeting with three aye voices and no recorded opposition). The final permit language will reflect the items above and require compliance with applicable Oakley City codes and approvals (building permit, city engineer review, required delineations and health/utility approvals) before full operations commence.

The commission stressed that conditions in the recorded CUP can be enforced and that failure to comply may lead to revocation or suspension of the permit.