1999-09
RESOLUTION NO. PC 99-09
A RESOLUTION OF THE CITY OF ENCINITAS
PLANNING COMMISSION
APPROVING A SUBSTANTIAL CONFORMANCE REQUEST
TO ALLOW FOR TEMPORARY RECREATIONAL TRAIL
IMPROVEMENTS DURING THE FIRST PHASE
OF CONSTRUCTION OF TENTATIVE MAP NO. 97-219
FORPROPERTYLOCATED~THINTHE
2500 BLOCK OF LONE JACK ROAD
(Case No. 99~022 SC; APN: 264-241-13)
WHEREAS, a request for consideration of Substantial Conformance to Condition SCE of
Resolution No. PC 98-18 for Tentative Map 97-219 was filed by Christopher Lloyd I Conway &
Associates Engineering to allow for Temporary Recreational Trail Improvements during the flI'st
phase of construction of Tentative Map 97-219, in accordance with Section 23.08.140.B of the
Encinitas Municipal Code, for property located in the Rural Residential (RR) Zoning District in the
2500 Block of Lone Jack Road (Northwest comer of Double L Ranch Road and Lone Jack Road):
A portion of the Remainder Parcel of Encinitas Tract No. 93-053, in the City of Encinitas,
County of San Diego, State of California, according to Parcel Map thereof No. 17446, filed
in the Offiee of the County Recorder of San Diego County, November 14, 1994; and,
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on February 11,1999, at which time all those desiring to be heard were heard; and
WHEREAs, the Planning Commission considered, without limitation:
1. The February 11, 1999 Agenda Report to the Planning Commission with exhibits;
2. The General Plan, Municipal Code, and associated Land Use Maps;
3. Oral evidenee submitted at the hearing;
4. Written evidence submitted at the hearing;
5. Project plans consisting of one sheet: Sheet 1 of 1, Remainder Parcel 12 Lot
Subdivision; TM 97-219 - Double LL Ranch Farms; Proposed Public Recreational
Trail Phasing; dated received by the City of Encinitas on January 25, 1999.
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WHEREAS, the Planning Commission made the following findings pursuant to Section
23.08.140.Bofthe EncinitasMunicipal Code:
(SEE A IT ACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Encinitas hereby approves application 99-022 SC subject to the following conditions:
(SEE AITACHMENT"B")
BE IT FURTHER RESOLVED that the Planning Commission, in its independent
judgment, finds that a Mitigated Negative Declaration was adopted for this project on March 12,
1998 with the approval of the Tentative Map and that all impacts to environmentally sensitive habitat
on the property will be adequately mitigated prior to grading permit issuance.
PASSED AND ADOPTED this 11 th day of February 1999, by the following vote, to wit:
AYES: Bagg, Patton, Jacobson
NAYS: Grossman
ABSENT: None
ABSTAIN: None
ATTEST:
~?-
Sandra L. Holder
Secretary
NOTE: This action is subject to Chapter 1.04 of the Municipal Code which specifies time limits for
legal challenges.
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ATTACHMENT "A"
Resolution No. PC 99-09
Case No. 99-022 SC
FINDINGS FOR SUBSTANTIAL CONFORMANCE
STANDARD: Section 23.08.140.bofthe EncinitasMunicipalCode provides that a project may
be found in Substantial Conformance with the original conditions of approval if the following
findings can be made by the authorized agency:
a. No project condition is changed or deleted.
Facts: The application request proposes to improve a Temporary Recreational Trail linkage
during the fIrst phase of improvements for Tentative Map 98-219 to satisfy Condition SCE of
ResolutionNo. PC 98-18.
Discussion: On March 12, 1998, the Planning Commission adopted Resolution No. PC 98-
18 certifying a Mitigated Negative Declaration and approving a Tentative Map for the
subdivision of twelve single family residential lots within the Double L Ranch Subdivision.
Condition SCE of the Resolution of Approval requires the subdivider to improve the east-to-
west recreational trail link during the first phase of construction. The condition also allows
the subdivider to choose between two different trail alignments to provide the east-to-west
linkage between existing north-to-south trail easements along the Double L Ranch
Subdivision's boundary with Carlsbad on the west and Lone Jack Road on the east. The
application request proposes a Temporary Recreational Trail to connect the existing trail
easements along the subdivision's west and east boundaries during the fIrst phase of the
subdivision's improvements (Lots 1 through 4). After the first phase of development, the
permanent recreational trail will be improved along the north side of Double L Ranch Road
and the temporary_trail will be abandoned.
Conclusion: Therefore, the Planning Commission finds that Condition SCE of Resolution
No. Pc 98-18 is not changed or deleted since the Temporary Recreational Trail provides the
east-to-west linkage required during first phase construction.
b. No feature, facility or amenity is deleted or substantial altered which had been considered
essential to the project's quality, safety or function by the decision making body.
Facts: The application request proposes to improve a Temporary Recreational Trail linkage
during the first phase of improvements for Tentative Map 98-219 to satisfy Condition SCE of
Resolution No. PC 98-18.
Discussion: The design of the Temporary Recreational Trail linkage will connect existing
trail easements located on the west and east boundaries of the subdivision during first phase
construction. The applicant has provided a phasing schedule which estimates that phase two
improvements will begin by August 1, 1999 and be completed by March 15, 2000.
cdlcro/f:99-022pc I (2-11-99) 6
Therefore, the temporary trail would be in use for approximately one year until the permanent
trail is completed. The ultimate trail improvements along the north side of Double L Ranch
Road will be secured by bonding for the subdivision improvements. To ensure that the
phasing of the recreational trail improvements are clearly communicated to the public,
signage on the temporary trail will read: "This temporary recreational trail is open for the
public's use and enjoyment during the planning and construction of the permanent
recreational trail which will be located along Double L Ranch Road. This temporary trail will
be closed to the public after the construction of the permanent recreational trail." A schematic
plan will be included on the signs to show the location of the temporary and permanent trails.
Conclusion: Therefore, the Planning Commission finds that the Temporary Recreational
Trail does not delete or substantially alter any feature, facility or amenity which had been
considered essential to the project's quality, safety or function by the decision making body.
c. No additional lots or dwelling units are added and no private or public open space is reduced
in area or in its potential for use and enjoyment.
Facts: The project proposes a Temporary Recreational Trail during phase one improvements
of the approved subdivision.
Discussion: No additional lots or dwelling units are proposed by the application request and
no open space easements are altered.
Conclusion: Therefore, the Planning Commission finds that no additional lots or dwelling
units are added by the application request and no private or public open space is reduced in
area or in its potential for use and enjoyment.
d. The grading plan will not increase or decrease the final grade on any part of the site by more
than three (3) feet over or under the plan previously approved by the decision making body.
Facts: The request for a Temporary Recreational Trail linkage during flfSt phase
development of the subdivision does not alter the ultimate grading of the site.
Discussion: The application request does not impact the Conceptual Grading Plan for the
subdivision.
Conclusion: Therefore, the Planning Commission finds that the proposed Temporary
Recreational Trail will not increase or decrease the final grade on any part of the site by more
than three (3) feet over or under the plan previously approved by the decision making body.
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A TT ACHMENT "ß"
Resolution No. PC 99-09
.
Project No.: 99-022 SC
Applicant: Christopher Lloyd I Conway & Associates Engineering
Location: Northwest Comer of Double L Ranch Road and Lone Jack Road
SCI SPECIFIC CONDITIONS:
SC2 This approval will expire on March 12, 2001, consistent with the expiration date of Tentative
Map 98-219, unless the conditions have been met or an extension of time has been approved
pursuant to the Municipal Code.
SC5 This project is conditionally approved as set forth on the application and project plans dated
received by the City on January 25, 1999, consisting of one sheet: Sheet 1 of 1, Remainder
Parcel 12 Lot Subdivision; TM 97-219 - Double LL Ranch Farms; Proposed Public
Recreational Trail Phasing. All of the above listed exhibits designated as approved by the
Planning Commission on February 11, 1999, and shall not be altered without express
authorization by the Community Development Department.
SCA The applicant shall comply with all Conditions of Approval for Tentative Map 97-219 as
specified by Resolution No. PC-18 and as amended by this approval.
SCB In accordance with the phasing schedule provided with the application request, the
Temporary Recreational Trail shall be in use for approximately one year from the date of this
approval until the permanent trail is improved along the north side of Double L Ranch Road
during the second phase of construction. The applicant shall secure the ultimate trail
improvements along the north side of Double L Ranch Road by bonding for the subdivision
improvements. The phasing of the recreational trail improvements shall be clearly
communicated to the public by the placement of signage on the temporary trail which reads:
"This temporary recreational trail is open for the public's use and enjoyment during the
planning and construction of the permanent recreational trail which will be located along
Double L Ranch Road. This temporary trail will be closed to the public after the construction
of the permanent recreational trail." A schematic plan shall be included on the signs to show
the location of the temporary and permanent trails. An easement for the phase one temporary
trail alignment will be granted to the City of Encinitas as a separate document as a part of the
final map recording process for Tentative Map 97-219. Construction plans for the phase one
temporary trail shall be prepared and submitted to the City for review and approval.
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