HomeMy WebLinkAbout1989-07-11; City Council; 10125; Amendment To Batiquitos Master PlanMASTER PLAN SPECIFI
RECOMMENDED ACTION:
Both the Planning Commission and the staff are recommending that the City Council
direct the City Attorney's office to prepare documents APPROVING MP-175(C) and
the Notice of Prior Compliance.
I ITEM EXPLANATION
On October 22, 1985 the City Council approved the Batiquitos Lagoon Educational
Park Master Plan (MP-175). The Batiquitos Lagoon Educational Park was approved
as a mixed use community with a proposed graduate university being the focal point
of the development.
At the time of project approval the project applicant indicated that the proposed
university could include schools which centered around a law school, with
subsidiary facilities such as a public affairs institute, a school of
communication and information science, a school of land use and real estate and
a school of Pacific Rim studies. As of this date, the project applicant has been
unable to reach agreement with any educational entities and as a consequence has
not constructed any buildings for educational uses.
Acknowledging that the approval of a major Master Planned project centered around
a new university could be somewhat risky, staff included conditions within the
Master Plan in order to ensure that if the educational component of this plan was
not being fulfilled, that the Master Plan could be opened up for review at given
points in time.
Specifically, Condition No. 3 (page 21) of the Master Plan 175 specifies: " If
building permits are not issued, or if construction and buildings in Area "A" has
not commenced within three years of the effective date of approval of this Master
Plan, all approvals for Areas "A" and "I" shall be suspended until this Master
Plan is reviewed at a public hearing by the City Council for possible amendment,
or extension." To clarify, Planning Area "A" is that area of the Master Plan
within which educational uses and other related research and development and
office uses are permitted to be constructed (please refer to Exhibit "A" for a
graphic representation of the planning areas). However, no research and
development or office uses may be constructed or permitted within Planning Area
"A" prior to the construction of an educational facility within this Planning
Area. In accordance, since no building permits have been issued and no
educational building has been constructed within Planning Area "A" all approvals
for Planning Area "A" and Planning Area "I" (accessory school uses i.e.,
gymnasium, pool, sports fields, tennis courts, health center, day care center,
student union and book store), could now be suspended, and the Master Plan
reviewed by the City Council for possible amendment or extensions.
In view of this consideration, the project applicant is requesting the approval
of an Amendment to Master Plan 175 to allow an extension of the time limit within
which an educational building must be constructed within Planning Area "A".
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Page 2 of Agenda Bill No. -
Overall, staff recommended support of a five year time extension to enable Sammis
Properties to begin construction of the Master Plan's first educational building.
This recommended time extension will hopefully provide Sammis Properties with
adequate time to fulfil1 their original commitment of developing a unique
educational park.
In addition to recommending support for this time extension, staff has also added
clarification and conditions to Master Plan 175 with regard to:
II.1 Criteria for.an Acceptable Educational Facility;
Phasing Requirements for Educational and Non-Educational Development
within the Ring Road (Planning Area "A");
(3) Restrictions on Permitted Interim Development; and
(4) The Redesign of Planning Area "H".
On April 19, 1989 the Planning Commission recommended approval of MP-175(C) (4-3
McFadden, Holmes, Erwin). In response to questions from the Planning Commission,
several conditions of approval were added or modified: Condition 4 was amended
to specify that the trail have a 10 ft. right of way within the 45 ft. easement;
Condition 7 was added to incorporate the Planning staff report by reference; and
Condition 8 was added to require that educational use leases be for a minimum of
five years. No other major issues were identified. Please see the attached staff
report to the Planning Commission for specific details regarding this Master Plan
Amendment.
ENVIRONMENTAL REVIEW
An Environmental Impact Report (EIR 84-3) has been certified for this property as
part of the Batiquitos Lagoon Educational Park Master Plan. Since no major
changes are proposed with this project, the Planning Director has determined that
this project will not have a significant effect on the environment and, therefore,
has issued a Notice of Prior Environmental Compliance on March 3, 1989. The
Planning Commission recommended approval of the Negative Declaration on April 19,
1989.
FISCAL IMPACT
This Master Plan Amendment will result in no fiscal impacts to the City of
Carlsbad.
EXHIBITS
1) Location Map
2) Exhibit "A"
3) Planning Commission Resolution No. 2841
4) Planning Commission Staff Report, dated April 19, 1989
5) Planning Commission Minutes, dated April 19, 1989
‘\ ‘i \ /
- LOCATION -ML?
city of Carlsbad
I MP- 17 5(C) I
BATIQUITOS LAGOON EDUCATIONAL PARK
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PLANNING COtMISSION RESOLUTION NO. 2841
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, RECOMMENDING APPROVAL OF MASTER PLAN 175(C) TO AMEND EXISTING
MASTER PLAN 175 TO ALLOW AN EXTENSION OF THE SPECIFIED TIME LIMIT WITHIN
WHICH AN EDUCATIONAL BUILDING MUST BE CONSTRUCTED WITH PLANNING AREA "A"
ON PROPERTY GENERALLY LOCATED ON 40.3 ACRES WITHIN THE INTERIOR OF WINDROSE
CIRCLE.
APPLICANT: SAMMIS PROPERTIES
CASE NO.: MP 175(C)
WHEREAS, a verified application for certain property, to wit:
All of lots 1, 2, 3 and 4 of Parcel Map No. 13653, together with a
portion of the west half of Section 33, Township 12 South, Range 4
West, SBBM, all in the City of Carlsbad, County of San Diego, State
of California.
WHEREAS, said verified application constitutes a request as provided in
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of April, 1989, hold
a duly noticed public hearing as prescribed by law to consider said request;
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard, said
Commission considered all factors relating to the Master Plan; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the
City of Carlsbad, as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of MP-175(C) based on the following findings and
subject to the following conditions.
Findinos:
1. As discussed in the staff report, the City of Carlsbad has nothing to lose
by allowing this extension of time. The extension of time could provide
the applicant adequate time necessary to develop educational facilities
and ultimately a unique educational park upon the subject property.
2. This Master Plan Amendment is consistent with the Carlsbad General Plan
and with Section 21.38.120 of Title 21, which regulates amendments of
Master Plans.
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3. This Master Plan Amendment will incorporate a number of important
additional conditions and clarifications within Master Plan 175 whereby:
(a) Acceptable educational entities are clearly defined, and
(b) Phasing requirements for both educational and research development
uses are specified.
4. This project will not cause any significant environmental impacts and a
Notice of Prior Compliance has been issued by the Planning Director on
March 3, 1989 and APPROVED by the Planning Commission on April 19, 1989.
In approving this Notice of Prior Compliance, the Planning Commission has
considered the initial study, the staff analysis, all required mitigation
measures and any written comments received regarding the significant
effects this project could have on the environment.
Conditions
1. Approval is granted for MP-175(C) as shown on Exhibit "B", dated April
19, 1989, incorporated by reference and on file in the Planning
Department. All conditions of MP-175 and of Planning Commission
Resolution No. 2785 are hereby incorporated except as modified by this
resolution.
2. The project applicant shall have a maximum of 5 years from
1989 to pull a building permit and begin construction of a
75,506 square foot educational building within Planning Area "A".
Prior to the issuance of this educational building permit, the
project applicant shall only be permitted to develop (pull building
permits and construct) the residential Planning Areas "B", "C", "D",
"En, "F", and "H" and all hotel, conference center and associated
hotel service commercial uses permitted within Planning Areas "K",
"L" and “J” of this Master Plan. If a building permit(s) for a
75,500 square foot educational building is not issued and building
construction initiated within five years from the date of City
Council approval of MP-175(C) then, Master Plan 175 shall be opened
up for amendment with Planning Areas "A", "6" and “I” being
redesignated for open space uses or to Residential Low-Medium
designations (RLM -3.2 du/acre) thereby permitting the development
of the balance of the 526 total dwelling units permitted, yet
unconstructed within MP-175.
No building permits for commercial development within Planning Area "M"
of this Master Plan shall be issued until a minimum of 110,000 square feet
of educational buildings are constructed and fully occupied within
Planning Area "A". If educational buildings are never developed upon the
subject property (Planning Area "A") then Planning Area "M" will be
redesignated and amended to permit a maximum of 44 dwelling units and no
other commercial uses.
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PC RESO NO. 2841 -2-
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3. This amendment to MP-175 is approved subject to the condition that the
project applicant shall be required to provide the City with a non-
building easement, and an accompanying agreement satisfactory to the City
Council, that will preclude any development within Planning Areas "A", "G"
and "I" until a 75,500 square foot educational building(s) is constructed
and operating in conformance with the educational criteria established
through this amendment. This nonbuilding easement shall be required to
be: (1) acceptable to the City Attorney, and (2) provided to the City
within 90 days of approval of this Master Plan Amendment by the City
Council. Within three months from the date of City Council approval of
MP-175(C) the project applicant shall fully landscape the entirety of
Planning Area "A" with a variety of trees, grass, ground cover, shrubs,
pathways and water features subject to the approval of the Planning
Director. Planning Areas "A", "G" and "I" remain under a non-building
easement until one of the following two events has occurred:
(a) A building -permit has been issued by the City of Carlsbad and
construction has been initiated on a 75,500 square foot educational
building(s) within Planning Area "A"; or
(b) A Master Plan Amendment and General Plan Amendment has been approved
by the City to convert Planning Areas "A", "G" and "I" to open space
uses or Residential Low-Medium (RLM - 3.2 du/acre) designations,
thereby permitting the development of the balance of the total of
526 dwelling units, permitted yet unconstructed within MP-175. In
the event that this scenario is ever implemented whereby these
Planning Areas are redesigned for residential uses, the total number
of dwelling units permitted within the Master Plan must conform to
the 526 dwelling unit cap as required by Section 21.90 of the
Carlsbad Municipal Code (Growth Management).
Uses permitted within Planning Area "I" which are not associated with
educational uses permitted within Planning Area "A" including an
elementary school day care center, or any other uses permitted by right
or through Conditional Use Permit within the R-l residential zone, may be
constructed within Planning Area "I", prior to the construction of a
75,500 square foot educational building(s), provided that a site
development plan is submitted and approved for each individual use. Any
other interim use proposed within Planning Areas "A", "6" and "I", and not
requiring a building permit may be considered under a Conditional Use
Permit.
4. This Master Plan Amendment is approved subject to the condition that prior
to finaling Tentative Tract Map CT 85-37, residential Planning Area "H"
and all associated approvals (MP-175/CT 85-37/PUD-95) shall be amended to
set back all dwelling units between 80 and 100 feet from the existing
Batiquitos Lagoon bluff edge. The specific distance of this setback will
be determined during subdivision review. With this redesign of Planning
Area "H":
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5 . No building permits for commercial development within Planning Area "M"
of Master Plan 175 shall be issued until a minimum of 110,000 square feet
of educational buildings are constructed and fully occupied within
Planning Area "A". If educational buildings as defined in Master Plan 175
are never developed upon the subject property (Planning Area "A") then
Planning Area "M" will be redesignated and amended to permit a maximum of
44 dwelling units and no other commercial uses.
6. Any land use changes associated with MP-175(C), or conditions thereof,
shall necessitate that the Zone 9 Local Facilities Management Plan be
amended to be consistent.
7. The April 19, 1989 staff report from the Planning Department to this
Planning Commission is incorporated by reference herein to clarify and
provide direction on implementing the above conditions.
8. The Planning Commission recommends that the agreement referred to on page
3 of Exhibit "B" require that the educational leases be for a minimum of
five years.
PC RESO NO. 2841 -4-
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(1)
(2)
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(4)
(5)
A Master Plan Amendment (to MP-175) shall be processed to
enable the Planning Area "H" boundaries to extend northward
into Planning Area "6" (which will be reduced in acreage).
The edge of the existing natural lagoon bluff shall be
surveyed and staked and the dwelling unit setback for all
dwelling units shall be measured from this identified bluff
edge.
That portion of Tentative Map (CT 85-37) which covers Planning
Area "H" shall be redesigned to lower grades to the existing
natural bluff top elevations. The existing grades along this
bluff edge will not be permitted to be raised for purposes of
constructing residential pads within this Planning Area.
No development, with the exception of a lagoon bluff top
public access trail , shall be permitted within 45 feet of this
identified lagoon bluff edge. The project applicant shall be
required to submit a grant deed to the City for purposes of
establishing an open space easement over this 45 foot setback
area and the easement shall make provisions for a public
access trail of a minimum ten foot width to be established
within the 45 foot setback area.
Any other development (minor accessory structure) permitted
within that area between the Planning Area "H" dwelling units
and the 45 foot setback area shall be consistent with the
minor accessory use provisions of MP-175(A) with the exception
that the amended 45 foot lagoon bluff setback line will be the
cutoff point for those accessory uses permitted within setback
Area "C" as depicted on Exhibit "C", dated March 15, 1989.
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ED at a regular meeting of the Planning . PASSED, APPROVED, AND ADOPT
Commission of the City of Carlsbad, Cal
1989, by the following vote, to wit:
AYES: Chairperson Hall,
& Marcus.
ifornia, held on the 19th day of April,
Commissioners: Schramm, Schlehuber
NOES: Commissioners: Erwin, Holmes & McFadden.
ABSENT: None.
ABSTAIN: None.
MATTHEW HALL, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOmILLE!&'
Planning Director
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C.
STAFF REPORT
DATE: APRIL 19, 1989 0 4
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: MP 175(C) - BATIQUITOS LAGOON EDUCATIONAL PARK - Request for approval of an Amendment to Master Plan 175 (Batiquitos Lagoon
Educational Park) to allow an extension of the Master Plan specified
time limit within which an educational building must be constructed
within Planning Area "A".
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 2841
recommending APPROVAL of MP-175(C) based on the findings and subject to the
conditions contained therein.
II. BACKGROUND AND PROJECT DESCRIPTION
On October 22, 1985 the City Council unanimously approved the Batiquitos Lagoon
Educational Park Master Plan (MP-175). The Batiquitos Lagoon Educational Park
was approved as a mixed use community with a proposed graduate university being
the focal point of the development. In conjunction with, and supporting the
educational institution, the project was approved to permit research and
development facilities and office uses which would directly relate to and
consistently interact with the school, a variety of residential uses, a hotel
and conference center and commercial uses.
At the time of project approval the project applicant indicated that the proposed
university could include schools which centered around a law school, with
subsidiary facilities such as a public affairs institute, a school of
communication and information science, a school of land use and real estate and
a school of Pacific Rim studies. As of this date, the project applicant has been
unable to reach agreement with any educational entities and as a consequence has
not constructed any buildings for educational uses.
Acknowledging that the approval of a major master planned project centered around
a new university could be somewhat risky, staff included conditions/provisions
within the Master Plan in order to ensure that if the educational component of
this plan was not being fulfilled, that the Master Plan could be opened up for
review at given points in time. Conditions were incorporated into the Master
Plan in order to ensure that this proposed "educational park" would not
ultimately end up as a "research and development park".
Specifically, Condition No. 3 (page 21) of the Master Plan 175 specifies: "If
building permits are not issued, or if construction and buildings in Area "A"
has not commenced within three years of the effective date of approval of this
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MP-175(C) BATIQUITOS LAGOON EDUCATIONAL PARK
APRIL 19, 1989
PAGE 2
Master Plan, all approvals for Areas "A" and "I" shall be suspended until this
Master Plan is reviewed at a public hearing by the City Council for possible
amendment, or extension." To clarify, Planning Area "A" is that area of the
Master Plan within which educational uses and other related research and
development and office uses are permitted to be constructed (please refer to
Exhibit "A" for a graphic representation of the planning areas). It is, however,
important to understand that no research and development or office uses may be
constructed or permitted within Planning Area "A" prior to the construction of
an educational facility within this Planning Area. In accordance, since no
building permits have been issued and no educational building has been
constructed within Planning Area "A" all approvals for Planning Area "A" and
Planning Area “I” (accessory school uses i.e. gymnasium, pool, sports fields,
tennis courts, health center, day care center, student union and book store),
could now be suspended, and the Master Plan reviewed by the City Council for
possible amendment or extensions.
In view of this consideration, the project applicant is requesting the approval
of an Amendment to Master Plan 175 to allow an extension of the time limit within
which an educational building must be constructed within Planning Area "A".
III. ANALYSIS
1. Should the proposed extension request be supported?
2. Should there be a time limit on this extension request?
3. Should any other uses within the Master Plan be allowed to develop during
this extension period?
4. Should there be additional conditions of approval associated with this time
extension request?
DISCUSSION
1. Extension supported.
Overall, staff believes that the requested extension of time to enable the
project applicant to pull building permits and begin construction of the Master
Plan's first educational building may be appropriate. This conclusion is based
upon a number of considerations including the following:
By extending the time limit for the establishment (construction) of an
educational facility, subject to specific conditions of approval and amendments
to the Master Plan (discussed further in this report), the City of Carlsbad has
nothing to lose. As the Master Plan exists today, no other uses are permitted
to be constructed within Planning Area "A" until an educational building permit
is issued and the educational building constructed and facility operating. The
project applicant has admitted that while he remains firmly committed to
establishing an acceptable educational facility as the focal point of the
project, his original time line for negotiating all of the details necessary to
MP-175(C) BATIQUITOS LAGOON EDUCATIONAL PARK
APRIL 19, 1989
PAGE 3
ensure the success of this undertaking were overly ambitious. In effect, this extension of time will, at its best, provide the project applicant with the time
necessary to fulfil1 his commitment of developing an educational park.
Conversely, by not extending this time limit, the opportunity for the development
of a unique, self-contained, educational oriented community centered around a
university within the City becomes moot.
2. Time limit.
Staff recommends that there should be a time limit on this requested extension.
This time limit should be no more than five years from the date that this
extension request is approved by the City Council. While there is no guarantee
that an educational building will be constructed within this five year time
period, staff feels that this maximum five year extension will offer the
applicant more reasonable opportunity for attainment of an educational facility.
3. Interim Development
When this Master Plan project was originally negotiated, the staff report
indicated that an educational park of this size (133 usable acres) was
financially risky. The simple fact of tlie matter, as discussed within the
adopted Market Feasibility and Fiscal Impact Analysis for the project (Criterion, 1985), is that while an educational facility at the subject property has a good
opportunity for success, it will nevertheless require many years to become
established and successful. In the meantime, it will result in significant front
end costs to the developer. Because of this concern, the Master Plan was
designed to incorporate a multitude of different uses (i.e. residential, hotel
and conference center, commercial, research and development and office) which
hopefully would provide the front end revenues necessary to develop the
educational portion of the project.
Staff is willing to recommend allowing a certain amount of development during
the extension period. The plan that staff is proposing would allow the project
applicant to continue to build out the residential planning areas of the project
(526 dwelling units as shown below); plus, the proposed executive hotel and
conference facilities and commercial uses directly related to the hotel (Planning
Areas "K", "L", and “J”) upon the subject property prior to pulling a building
permit for and constructing an educational~ building.
ised to 75 and are current
construction)
Planning Area "B" - 52 DU
Planning Area "C"- 77 DU (Rev
Planning Area "D" - 36 DU
Planning Area "E" - 144 DU
Planning Area "F" - 54 DU
Planning Area "G" - 91 DU
Planning Area "H" - 28 DU
ly under
Plannins Area "M" - 44 DU
Total - 526 DU
. MP-175(C) BATIQUITOS LAGOON EDUCATIONAL PARK APRIL 19, 1989
PAGE 4
As a condition of this time extension, Sammis Properties will be required to
provide the City of Carlsbad with non-building easements over Planning Areas "A",
"G" and “I” (those planning areas designated for educational or associated
educational and student housing uses), and an accompanying agreement satisfactory
to the City Council, that will preclude any development within Planning Areas
"A" , "G" and “I” until a 75,500 square foot educational building is constructed
within Planning Area "A", and operating in conformance with the educational
criteria established through this amendment. However, in that Planning Area “I”
is currently under review by the Carlsbad School District as a potential site
for an elementary school, and because the Planning Area does allow other uses which are not associated with educational uses permitted within Planning Area
"A", but would be compatible with potential future residential development, staff
has qualified the above mentioned condition for this time extension, to allow: (1) non-educational associated development within Area “I” including an
elementary school, day care center; and (2) any other uses permitted by right
or through Conditional Use Permit within the R-l residential zone, to be
constructed prior to the construction of a 75,500 square foot educational
building, and subject to the approval of site development plans for each of these
uses.
If the educational component of the Master Plan is never realized, Planning
Areas "A", "G" and “I” could either be maintained as open space, or could be
redesignated and down zoned through General Plan Amendment, Zone Changes and
associated Local Coastal Plan Amendments to Residential Low Medium designations
(RLM - 3.2 du/acre).
Under this scenario, the number of dwelling units which could be permitted within
these three Planning Areas would equal 178; including:
Planning Area "A" 33.03 acres x 3.2 du/ac = 105 DU
Planning Area "G" 9.9 acres x 3.2 du/ac = 32 DU
Planning Area “I” 12.8 acres x 3.2 du/ac = 41 DU
Total Z 178 DU
The RLM designation would be necessary to ensure compliance with the Growth
Management cap established for the southwest quadrant.
It is also important to understand that because there exits a total permitted
dwelling unit cap (526 du's) over the entire Master Plan, the effect of
relocating some of these units within previously approved, nonresidential
Planning Areas "A", "G" and “I”, will necessitate that a sufficient number of
dwelling units be held back from the other Master Plan approved residential
planning areas (i.e., Planning Areas "B", "C", "D", "E", "F", and "H"). Since
it is conceivable that the project applicant may not be able to provide an
educational facility within the allotted time frame of this extension, staff
believes that it would be in the developer's best interest to reserve a
sufficient number of the permitted 526 dwelling units whereby these dwelling
units may be able to be relocated to those areas covered by the non-building
easement (Planning Areas "A", "G" and “I”).
MP-175(C)
BATIQUITOS LAGOON EDUCATIONAL PARK
APRIL 19, 1989
PAGE 5
Staff is also recommending that, prior to the establishment of the education
facility, no neighborhood commercial uses be permitted to be constructed within
Planning Area "M". As discussed in the Planning Commission staff report for
the Master Plan, this area of neighborhood commercial was intended primarily to
serve the needs of the higher intensity educational and office land uses within
Planning Area "A". If the educational facility never comes to fruition then the
office and R&D uses could not be developed. Under this scenario, it can be argued that the neighborhood commercial use at the proposed location would not
be appropriate given both the nearness of Poinsettia Plaza and the decrease in
the intensity of development allowed by this Master Plan Amendment. In
accordance, staff recommends that should the educational component of this Master
Plan not occur, then the only use permitted within Planning Area "M" would be
44 residential dwelling units (which are already permitted within this planning
area per MP-175).
Staff also recommends that the construction of the proposed executive hotel,
conference facilities and tourist commercial uses (i.e., hotel laundry service,
restaurant, barber and beauty shops, travel agencies) directly related to the
hotel, located within Planning Areas "K", "L", and "J" of the Master Plan, and
west of the A.T. & S.F. railway, be permitted to build out prior to pulling a
building permit for an educational building. This recommendation is based upon
the fact that this hotel and associated service land uses are not dependent upon
the success of the educational components of the project, and would be an
acceptable and compatible land use within the City of Carlsbad.
Over the past several months staff has spent many hours working on the details
of this time extension request with the project applicant. As a result of this
work, staff is recommending that a number of clarifications and conditions of
approval be incorporated into the Master Plan Amendment. These clarifications
and conditions of approval are listed below and then followed by a discussion.
(a) Definition of Educational Entity to set minimum criteria for an
acceptable institution or group of institutions.
(b) Condition that allows phasing of development within Planning Area
A and sets criteria for the phasing of both the educational uses and
the research and development (R&D) uses.
(c) Condition that Sammis Properties provide the City ;;th a non-building
easement over Planning Areas "A", "G" and prior to the
development of an acceptable educational facility.
(d) A requirement that Planning Area "H" be redesigned to address
concerns about public access and visual impacts.
(1) Definition and Phasinq of Educational Entities - Currently, Master Plan
175 indicates that an educational use must be established within Planning
Area "A" prior to any related research and development or office uses being
developed within this Master Plan. As noted earlier, this provision was
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BATIQUITOS LAGOON EDUCATIONAL PARK
APRIL 19, 1989
PAGE 6
included within the Master Plan for purposes of ensuring that this area
of the City develops as an "educational park" instead of an "office park".
In order to further alleviate existing City and community concerns
regarding this consideration, and to provide the project applicant with
more specific guidelines for the selection of an educational entity, staff
recommends that the following definition of an acceptable educational
entity be incorporated into the Master Plan.
An acceptable educational entity shall be required to satisfy one of the
following definitions:
(a) A full-time, accredited institution of higher education. The
school(s) must be accredited by one of the accrediting bodies
included within Lovejoy's College Guide, Eighteenth Edition.
However, each school may also be accredited by a separate accrediting
body (i.e., School of Library Sciences may be accredited by the
American Library Association). Accreditation must be acceptable to
the City.
(b) A branch or satellite of a full-time accredited institution of higher education.
Acknowledging that the establishment of an educational entity, let alone
a full-time, accredited institution of higher education, upon the subject
property will be difficult to accomplish, staff recommends that "other
educational uses" (i.e., non-accredited schools, offering continuing
education, executive or management training, educational conferences or
workshops) be permitted within Planning Area "A" subject to the following
conditions which shall be incorporated into the Master Plan:
(a> "Other Educational Uses" (i.e., non-accredited schools offering,
continuing education, executive or management training, educational
conferences or workshops) may be permitted within Planning Area "A"
subject to the following criteria:
(1) Each of these "other educational uses" shall be subject to the
approval of the Planning Director,
(2) That "other educational uses" shall occupy no more than 50%
of the total educational square footage permitted or
constructed within Planning Area "A".
Staff also recommends that the following conditions be incorporated into
Master Plan 175 with regard to the definition and phasing of educational
entities:
I
. MP-175(C)
BATIQUITOS LAGOON EDUCATIONAL PARK
APRIL 19, 1989
PAGE 7
(4
(cl
The first educational building(s) to be constructed within Planning
Area "A" shall be a minimum of 75,500 square feet in area; of which
25,500 square feet shall be leased and/or occupied by either a (1)
full-time, accredited institution of higher education or (2) a branch
or satellite of a full-time, accredited institution of higher
education. No other non-educational uses may be permitted to occupy
the educational building(s).
"Other educational uses" (i.e., non-accredited schools offering;
continuing education, executive or management training, educational
conferences or workshops) as approved by the Planning Director, shall
occupy no more than 50,500 square feet of this first educational
building(s).
Prior to receiving building permits for the first educational
building(s), the developer shall provide evidence satisfactory to
the Planning Director and the City Attorney of a legally binding
agreement guaranteeing minimum utilization by an educational entity
as defined herein.
(2) Phasinq of Non-educational Develooment within Plannino Area "A" - Staff
also recommends that the following language be incorporated into the Master
Plan regarding the phasing of non-educational development within Planning
Area "A".
(a) "No building(s) other than for educational uses (which satisfy the
criteria of an educational entity or other educational use) shall
be approved for construction within Planning Area "A" until full
occupancy of the first educational building(s) has occurred. The
first educational buildings shall be a minimum of 75,500 square feet
in area.
(b) "Subsequent to the development and full occupancy of the first
educational building(s), non-educational uses shall be permitted to
be constructed within Planning Area "A", on a 1:l ratio with
additional educational structural square footage (any educational
square footage constructed in excess of the required minimum 75,500
square feet).
No R&D or office uses shall be allowed to be constructed until a
minimum of 75,500 square feet of educational facilities are fully
leased and operating. Subsequent to fulfilling this condition, R&D
uses may develop on a 1:l ratio with additional educational square
footage. This condition is meant to ensure that R&D uses are in
support of educational uses and do not dominate the park.
(3) The Use of Planninq Areas "A", "G" and "I" durinq the Reauested Five Year
Extension Time Frame - As a condition of this amendment request for Master
Plan 175, the project applicant shall be required to provide the City with
I
-
MP-175(C)
BATIQUITOS LAGOON EDUCATIONAL PARK
APRIL 19, 1989
PAGE 8
a non-building easement and an accompanying agreement satisfactory to the
City Council that will preclude any development in these Planning Areas
until a 75,500 square foot educational building(s) is constructed and
operating in conformance with the educational criteria established through
this Master Plan Amendment. This nonbuilding easement shall be required
to be: (1) acceptable to the City Attorney, and (2) provided to the City
within 90 days of the approval of this Master Plan Amendment by the City
Council. Within three months from the date of City Council approval of
this Master Plan Amendment, the project applicant shall be required to
fully landscape Planning Area "A" with a variety of trees, grass, ground
cover, shrubs, pathways and water features, subject to the approval of the
Planning Director. Planning Areas "A", "G" and "I" shall remain under a
non-building easement until one of the following two events has occurred:
(1) A building permit has been issued by the City of Carlsbad to
construct a 75,500 square foot educational buildings within Planning
Area "A"; or
(2) A Master Plan Amendment and General Plan Amendment has been approved
by the City to convert Planning Areas "A", "G" and "I" to open space
uses or Residential Low Medium (RLM - 3.2 du/acre) designation,
thereby permitting the development of the balance of the total of
526 dwelling units permitted, yet unconstructed, within MP-175. In
the event that this scenario is ever implemented whereby these
Planning Areas are redesigned for residential uses, the total number of dwelling units permitted within the Master Plan must conform to
the 526 dwelling unit cap as required by Section 21.90 of the
Carlsbad Municipal Code (Growth Management).
Uses permitted within Planning Area "I" which are not associated with educational
uses permitted within Planning Area "A", including an elementary school, day
care center, or any other uses permitted by right or through Conditional Use
Permit within the R-l residential zone, may be constructed within Planning Area
"I" prior to the construction of a 75,500 square foot educational buildings,
provided that a site development plan is submitted and approved for each
individual use. Any other interim use proposed within Planning Area "A", "G",
and "I" and not requiring a building permit may be considered under a Conditional
Use Permit.
(4) Plannino Area "H" - Planning Area "H" is a 4.9 acre Planning Area located
along the north shore of Batiquitos Lagoon, immediately west of the onsite
desiltation basin (Planning Area "0") and east of the A.T. & S.F. Railway.
As specified in MP-175 and approved through CT 85-37/PUD-95 (Phase II of
the Master Plan) Planning Area "H" will consist of 28 single family
detached homes. As required and approved, and similar to the other lagoon
bluff edge homes (Planning Area "C") already constructed upon the Master
Plan property, all of these homes will be set back a minimum of 45 feet
from the Batiquitos Lagoon bluff edge. In view of the concerns expressed
by the citizens of Carlsbad regarding the visual impacts of the existing
lagoon bluff edge homes (Planning Area "C") staff recommends that
MP-175(C)
BATIQUITOS LAGOON EDUCATIONAL PARK
APRIL 19, 1989
PAGE 9
amendments for all associated Planning Area "H" project approvals (Master
Plan/Tentative Map/PUD) be processed whereby Planning Area "H" will be
redesigned to set back all 28 dwelling units between 80 and 100 feet from
the existing Batiquitos Lagoon bluff edge. The specific distance of this
setback will be determined during subdivision review. With this redesign
of Planning Area "H", MP-175, CT 85-34 and PUD-95 shall be amended in order
to setback all Planning Area "H" dwelling units between 80 and 100 feet
from the Batiquitos Lagoon bluff edge. In order to implement this
redesign, the following process shall be required to be undertaken by the
developer:
(1)
(2)
(3)
(4)
(5)
Master Plan Amendment be processed to enable the Planning Area
"H" boundaries to extend northward into Planning ARea "G"
(which will be reduced in acreage).
The edge of the existing natural lagoon bluff shall be surveyed
and staked and the dwelling unit setback for all dwelling units
shall be measured from this identified bluff edge.
That portion of Tentative Map (CT 85-37) which covers Planning
Area "H" shall be redesigned to lower grades to the existing
natural bluff top elevations. The existing grades along this
bluff edge will not be permitted to be raised for purposes of
constructing residential pads within this Planning Area.
No development, with the exception of a lagoon bluff top public
access trail, shall be permitted within 45 feet of this
identified lagoon bluff edge. The project applicant shall be
required to submit a grant deed to the City for purposes of
establishing an open space easement over this 45 foot setback
area.
Any other development (minor accessory structure) permitted
within that area between the Planning Area "H" dwelling units
and the 45 foot setback area shall be consistent with the minor
accessory use provisions of MP-175(A) with the exception that
the amended 45 foot lagoon bluff setback line will be the
cutoff point for those accessory uses permitted within setback
Area "C" as depicted on Exhibit "C", dated March 15, 1989.
Staff believes that this Planning Area redesign will function to fully mitigate
visual impacts of development along this prominent lagoon bluff.
Overall, staff recommends support of MP-175(C) to allow a 5 year extension of
the Master Plan specified time limit within which an educational building must
be constructed within Planning Area "A" because: (1) the City of Carlsbad has
nothing to lose by allowing this time extension; (2) the extension of time could
provide the applicant the adequate time necessary to develop educational
facilities and ultimately a unique educational park upon the property; (3)
important conditions and clarifications will be incorporated into Master Plan
I
-
MP-175(C)
BATIQUITOS LAGOON EDUCATIONAL PARK
APRIL 19, 1989
PAGE 10
175 whereby a definition of an acceptable educational entity is clarified and
phasing requirements for both educational and research and development uses are
specified. The project applicant will also be required to (4) provide to the
City a non-building easement over Planning Areas "A", "G" and “I” which will
preclude any development within the Planning Areas until an educational building
is constructed, and conditions have been incorporated through this Master Plan
Amendment whereby (5) those planning areas designated for educational, research
and development or associated educational uses (Planning Areas "A", "G" and “I”)
would be redesignated and down zoned for residential uses if educational uses
are not established upon the property; and (6) Phase II, lagoon bluff edge
Planning Area "H" will be redesigned to address City concerns over public access
and visual impacts.
IV. ENVIRONMENTAL REVIEW
An Environmental Impact Report (EIR 84-3) has been certified for this property
as part of the Batiquitos Lagoon Educational Park Master Plan. Since no major
changes are proposed with this project, the Planning Director has determined that
this project will not have a significant effect on the environment and,
therefore, has issued a Notice of Prior Environmental Compliance on March 3,
1989.
ATTACHMENTS
1. Planning Commission Resolution No. 2841
32: Exhibit Exhibit "B" "A" dated dated April 19, 19, 1989 1989 April
4. Location Map
5. Environmental Document
CDD:af
February 16, 1989
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Exhibit "B"
April 19, 1989
CHAPTER III - DEVELOPMENT REVIEW PROCESS
SECTION D - AMENDMENTS: PAGE 21 PRESENTLY READS AS:
3. If building permits are not issued, or if construction
on buildings in Area "A" has not commenced within three
years of the date of approval of this Master Plan all
approvals for Areas "A" and “I” shall be suspended until
this Master Plan is reviewed at a public hearing by the
City Council for possible amendment, or extension,.
AMENDED PAGE 21 SHALL READ AS:
3. The project applicant shall have a maximum of 5 years
from 1989 to pull building permits and
begin construction bf a 75,500 square foot educational
building(s) within Planning Area "A". Prior to the
issuance of the educational building permit(s), the
project applicant shall only be permitted to develop
(pull building permits and construct) the residential
Planning Areas "B", "C", "D", "E", and "F", and all
hotel, conference center and associated hotel service
commercial uses permitted within Planning Areas "K", "L"
and “J” of this Master Plan. If building permit(s) for
a 75,500 square foot educational building(s) is not
issued and building construction initiated within five
years from the date of City Council approval of MP-
175(C), then, Master Plan 175 shall be opened up for
amendment with Planning Areas "A", "G" and “I” being
redesignated for open space uses or to Residential Low-
Medium designations (RLM - 3.2 du/acre), thereby
permitting the development of the balance of the 526
total dwelling units permitted, yet unconstructed within
MP-175. In the event that this scenario is ever
implemented whereby these Planning Areas are redesigned
for residential uses, the total number of dwelling units
permitted within the Master Plan must conform to the 526
dwelling unit cap as required by Section 21.90 of the
Carlsbad Municipal Code (Growth Management).
Uses permitted within Planning Area “I” which are not
associated with educational uses permitted within
Planning Area "A" including an elementary school, day
care center, or any other uses permitted by right or
through Conditional Use Permit within the R-l
residential zone, may be constructed within Planning
Area "I" prior to the construction of a 75,500 square
foot educational building(s), provided that a site
development plan is submitted and approved for each
individual use. Any other interim use proposed within
Exhibit "6"
April 19, 1989
Planning Areas "A", "G" and “I”, and not requiring a
building permit, may be considered under a Conditional
Use Permit.
No building permits for commercial development within
Planning Area "M" of this Master Plan shall be issued
until a minimum of 110,000 square feet of educational
building(s) are constructed and fully occupied within
Planning Area "A". If educational buildings are never
developed upon the subject property (Planning Area "A")
then Planning Area "M" will be redesignated and amended
to permit a maximum of 44 dwelling units and no other
commercial uses.
CHAPTER IV - PROJECT DEVELOPMENT STANDARDS
SECTION B - SPECIAL PLANNING AREA DEVELOPMENT STANDARDS:
PAGE 29 PRESENTLY READS AS:
Permitted Uses: The primary use permitted in the Educational Park
is an educational institution which may include: undergraduate and
graduate educational institutions ; institute offices for admissions
and placement, registration, faculty and accounting; conference
rooms, classrooms, laboratories, libraries and auditoriums; student
lounge and commons, book store, cafeteria and deli. Other related
uses as discussed below are allowed subject to compliance with the
criteria following under related uses.
AMENDED PAGE 29 SHALL READ AS:
Permitted Uses: The primary use permitted in Planning Area "A" are
educational entities which shall be required to satisfy one of the
following definitions:
(a) A full-time, accredited institution of higher education
(The schools must be accredited by one of the
accrediting bodies included within Lovejoy's College
Guide, Eighteenth Edition. However, each school may
also be accredited by a separate accrediting body i.e.,
School of Library Science must be accredited by the
American Library Association). Accreditation must be
acceptable to the City.
(b) A branch or satellite of a full-time, accredited
institution of higher education.
Other Educational Uses (i.e., non-accredited schools offering
continuing education, executive or management training, educational
-2-
Exhibit "B"
April 19, 1989
conferences or workshops) may be permitted within Planning Area "A"
subject to the following criteria:
(1) each of these Other Educational Uses shall be subject
to the approval of the Planning Director,
(2) that other Educational Uses shall occupy no more than
50 percent of the total educational square footage
permitted or constructed within Planning Area "A".
Other Related Uses as discussed below are allowed within Planning
Area "A" subject to compliance with the (1) criteria for Related
Uses, and (2) phasing provisions for Educational and Related Uses,
discussed below.
Page 30 shall be amended to incorporate Phasina provisions for Educational and
Related Uses, directly following the first paragraph dealing with Criteria for
Related Uses
AMENDED PAGE 30 SHALL READ AS:
Phasina Provisions for Educational and Related Uses:
(1)
(2)
(3)
The first educational building(s) to be constructed
within Planning Area "A" shall be a minimum of 75,500
square feet in area; of which 25,500 square feet shall
be leased and/or occupied by either, (2) a full-time,
accredited institution of higher education, or (2) a
branch or satellite of a full-time, accredited
institution of higher education. No other non-
educational uses may be permitted to occupy the
educational building(s).
Other Educational Uses (i.e., non-accredited schools
offering continuing education, executive or management
training, educational conferences or workshops) as
approved by the Planning Director, shall occupy no more
than 50,500 square feet of the first educational
building(s) constructed within Planning Area "A".
Prior to receiving building permits for the first
educational building(s), the developer shall provide
evidence satisfactory to the Planning Director and the
City Attorney of a legally binding agreement
guaranteeing minimum utilization by an Educational
Entity as defined herein.
-3-
Exhibit “B”
April 19, 1989
(4) No building other than for educational uses (which
satisfy the criteria of an Educational Entity or Other
Educational Use) shall be approved for construction
within Planning Area "A" until full occupancy of the
first educational building(s) has occurred. The first
educational building(s) shall be a minimum of 75,500
square feet in area.
(5) Subsequent to the development and full occupancy of the
first educational building(s), Related Uses shall be
permitted to be constructed within Planning Area "A",
on a 1:l ratio with additional educational structural
square footage (any educational square footage
constructed in excess of the required minimum 75,500
square feet).
No R&D or office uses shall be allowed to be constructed
until a minimum of 75,500 square feet of educational
facilities are fully leased and operating. Subsequent
to fulfilling this condition, R&D uses may develop on
a 1:l ratio with additional educational square footage.
-4-
2075 IAS PALMAS DRIVE
CARLSBAD, CA 92009-4859 TELEPHONE
(619) 436-l 161
PLANNING DEPARTMENT
PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE
Please Take Notice:
The Planning Department has determined that the environmental effects of the
project described below have already been considered in conjunction with
previously certified environmental documents and, therefore, no additional
environmental review will be required and a notice of determination will be
filed.
Project Title: MP-175(C) BATIQUITOS LAGOON EDUCATIONAL PARK
Project Location: The 40.3 acre property is located within the interior of
Windrose Circle.
Project Description: An amendment to Master Plan 175 (Batiquitos Lagoon
Educational Park) to allow an extension of the Master Plan specified time limit
within which an educational building must be constructed within Planning Area
"A" .
justification for this determination is on file in the Planning Department,
Community Development, 2075 Las Palmas Drive, Carlsbad, California 92009.
Comments from the public are invited. Please submit comments in writing to the
Planning Department within ten (10) days of date of publication.
Dated: March 3, 1989
Case No.: MP-175(C) Planning Director
Applicant: Sammis Properties
Publish Date: March 3,1989
CD:lh
MINUTES -
April 19, 1989 PUNNING COMMISSION Page 8 COMMISSIONERS ’
possible to move the lot line to the east and still maintain the 7,500 sq. ft. requirement.
Coaunissioner Schlehuber stated that this is a good project
and is not concerned about the lot line on this project but in some future project, he might have a problem. He doesn't think you can keep people out of an easement such as this.
Motion was duly made, seconded, and carried to adopt Resolution No. 2834 recommending approval of the Negative
Declaration issued by the Planning Director and adopt Resolution Nos. 2831, 2832, and 2833 recommending approval of ZC-341/CT 85-34/HDP 88-19, based on the findings and
subject to the conditions contained herein, with the added provisions to delete the word "minor" from the last sentence of Condition 817, page 5, Resolution No. 2833; adding the five conditions to Resolution No. 2833 regarding
noise contained in staff memo dated April 19, 1989; and adding a condition to Resolution No. 2833 that the lot lines of Lots 37, 38. 39 and 40 which are currently shown under the SDG&E easement will be pulled back at least to the
current easement line on the east side.
Chairman Hall and Commissioner Erwin both noted that this was
an excellent project and commended the developer for his efforts.
RECESS
The Planning Commission recessed at 7:15 p.m. and reconvened at 7:29 p.m.
4) MP-175(C) SAMMIS - Request for approval of an Amendment to Master Plan 175 (Batiquitos Lagoon Educational Park) to allow an extension of the Master Plan specified time
limit within which an educational building must be constructed within Planning Area “A”.
Michael Holzmiller gave opening comments and stated that this
request was not intended to be a general review of the entire Batiquitos Lagoon Park Master Plan but, rather, whether the Planning Commission should recommend to the City Council
whether there should be additional time given to locate an educational building in the park and if conditions should be applied to that extension. If the Planning Commission recommends denial of the extension, the City Council would
then set the date for a public hearing to review the entire Master Plan. Although the Planning Commission is not required to make a recommendation, staff felt the input would benefit the Council in making their decision.
Gary Wayne, Principal Planner, reviewed the background of the
request and stated that Condition 113 of Master Plan 175 specifies if building permits are not issued or if construction and buildings in Area "A" have not commenced within three years of the effective date of the Master Plan. all approvals for Areas "A" and "1" shall be suspended until
the Master Plan is reviewed at a public hearing by the City Council for possible amendment or extension. The developer, Sammis Properties, Inc., has applied for an amendment to extend this time limit for an additional 3 years. Staff
desires to amend certain sections of the Master Plan to: (1) provide more specific direction to the applicant with regard to acceptable educational uses that are currently contained
Erwin Hall
Holmes Marcus McFadden
Schlehuber Schramm
MINUTES -
April 19, 1989 PLANNING COMMISSION COMMISSIONERS y
in the Master Plan; (2) provide safeguards for both the City as well as local residents, including residents of the Master Plan area, that the park will develop as intended as an
educational park and not as an office or industrial park; and (3) address specific project design concerns which were previously identified by staff, Planning Commission, and
concerned citizens specifically regarding bluff top setbacks.
Staff recommends extending the time limit for five years for construction of the educational facility because it provides the applicant with an opportunity to fulfil1 his commitment to develop a unique educational community. However, staff does recommend the conditions to ensure that the project
develops per the original concept.
Chris DeCerbo presented the amendments which staff is
recommending:
An acceptable educational entity must be either a full-time accredited institution of higher education or a branch or satellite of a full-time accredited institution of higher education; accreditation must be acceptable to the City; or
A non-accredited school offering continuing education, executive or management training, educational conferences or workshops acceptable to the Planning
Director but not to exceed 5OZ of the total educational square footage permitted within Area "A".
25,500 sq. ft. must be leased and/or occupied by either a full-time accredited institution or a branch or satellite of a full-time accredited institution.
Other educational uses shall occupy no more than 50,000 sq. ft. of the first educational building.
No buildings other than for educational uses (which satisfy the criteria of an acceptable educational entity
or other educational use) shall be approved for Planning Area "A" until full occupancy of the first educational building(s) has occurred, which first building shall occupy a minimum area of 75,500 sq. ft.
Subsequent to the full occupancy of the first educational building(s), non-educational uses (such as
research and development) shall be permitted to be constructed within Planning Area "A" on a 1:l ratio with additional educational square footage, which shall
ensure that R&D uses are in support of educational uses and do not dominate the park.
The applicant shall provide the City with a non-building easement over this planning area which will preclude development in it until this 75,500 sq. ft. educational
building is constructed and operating in conformance with the Master Plan Amendment.
If the educational component of the Master Plan is never realized, Planning Areas "A", "G" and "1" could be
down-zoned to residential low-medium designations. The total number of units permitted within these three planning areas would be equal to 178. The RLM designation would be necessary to comply with the growth
MINUTES
~4
April 19, 1989 PLANNING COMMISSION Page 10 COMMISSIONERS * \
management cap of 526 du's established for the southwest quadrant.
Prior to the establishment of the educational facility,
no neighborhood commercial uses be permitted to be constructed within Planning Area "M".
Prior to building the first educational building, the
project applicant may build out the residential planning areas of the project (526 du's) plus the proposed executive hotel and conference facility and commercial
uses directly related to the hotel (Planning Areas “K”, "L", and "J"). Development will held back in all other planning areas ("I" and "G") with a non-building easement (and planning area "M" as a condition of
approval) until an educational building is constructed and occupied.
All homes to be constructed in Planning Area "H" would be required to be set back 80-100 ft. from the Batiquitos Lagoon bluff edge and the lots shall be
redesigned to lower grades to the existing natural bluff top elevations.
No development, with the exception of a lagoon bluff top public access trail, shall be permitted within 45 ft. of this identified lagoon bluff edge.
Minor accessory structures in Planning Area "H" would be
consistent with those in Planning Area "C" approved on March 15, 1989.
Staff believes that this Planning Area redesign will function to fully mitigate visual impacts of development along this prominent lagoon bluff and recommends support of MP-175(C) to
allow a five year extension for an educational building to be constructed in Planning Area "A".
Commissioner Schlehuber requested verification that the total
du's permitted would be 526 which includes 178, and not 526 plus 178. Mr. Wayne replied that this was correct. -
Commissioner Schlehuber inquired about the lease term. Mr.
Wayne replied that staff would recommend a one year minimum term with a guaranteed renewal up to five years.
Commissioner Schlehuber inquired about the interim development referred to on page 3 of the staff report (bottom) which seems to indicate that Areas "G" and "M" could be built before the educational building. Mr. Wayne replied that there should be asterisks next to Planning Areas "G" and "M" with a footnote which reads, "These areas will be
withheld from development until an educational facility is constructed."
Commissioner Erwin inquired if the total du's allowed in Areas "A", "G" and "1" would be 178 units. Mr. Wayne replied
that this was correct, but Area's "A" and "I" do not contain residential units. Commissioner Schlehuber explained that although there is a potential of 178 units, the actual would be considerably less if Areas "G" and "M" were permitted to be constructed before the educational building.
. MINUTES
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April 19, 1989 PLANNING COMMISSION Page 11 COMMISSIONERS
Commissioner McFadden inquired why the setback requirement for Area "H" was not continued into Areas "K" and "L". Mr. Wayne replied that there is an approved tentative map on Area
"H" but not on Areas "K" and "L".
Chairman Hall opened the public testimony and issued the invitation to speak.
Nicholas Banche, 810 Mission Avenue, Oceanside, attorney for
the applicant, addressed the Consnission and stated that he
was present in 1985 when the Commission unanimously approved this project. In the meantime, Sarmnis has spent in excess of
$18 million, dedicated 30 acres of land, and has only built
78 homes. He has never heard of anyone being asked for a non-building easement before on a piece of property that has no building permit. Mr. Banche stated that the City is not
at risk and the applicant should be given a time extension in order to complete the project as originally planned.
Cormnissioner Erwin reviewed each of the applicant's objections to the staff proposal with Mr. Banche. In sunxaary, Mr. Banche stated that his major objection is to the
non-building easement because it is unprecedented.
Donald Saxnis, 7567 Navigator Circle, Carlsbad, addressed the Commission and stated that the project was good planning in
1985 and is still good planning. The demand for education is higher now than in 1985 and he has received many inquiries. He feels there is more need at the present time, however, for conference centers and retraining facilities. He is proud of
the things his company has given to the community such as a dedication of open space and efforts relative to the lagoon restoration.
Mr. Sammis was concerned about:
Item (4) on page 9 of the staff report regarding no development within 45 ft. of the lagoon bluff edge--he
would like to see the trail placed there but permit the homeowners to use their backyards.
He has a problem with the definition of education as set
forth in paragraph (a) on page 6 of the staff report. He referred to the School of Architecture and a Japanese school that is not accredited in this country.
He has a problem with the restriction of neighborhood commercial in Area “M” since the original Master Plan makes no mention of support for education; he is concerned because the residents are expecting some
neighborhood connnercial nearby. He noted that the City of Carlsbad owns 40% of the property in Area "M".
He does not agree with the philosophy that a certain percentage of educational must be built before R&D is permitted because he feels that research attracts
education.
Lastly, he would like the Sammis project referred to as the Batiquitos project because after the development is
completed, he will move on to other things.
MINUTES
April 19, 1989 PLANNING COMMISSION
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Page 12 COMMISSIONERS ’ “0% % d
Ii Commissioner Schlehuber inquired about who controls the property in Area "E". Mr. Sammis replied that this property
is owned by another entity.
Commissioner Holmes inquired what schools of education are being considered at this time. Mr. Sammis did not feel this information was appropriate for a public hearing and would be willing to discuss the matter in a private session. The University of California Extension Division has publicly
stated that they are studying the site and are especially interested in the conference center portion of the project.
Commissioner McFadden inquired about the timing for the proposed bridge on Batiquitos Drive in light of the cul-de-sac ordinance. Mr. Sammis replied that he cannot build the bridge if he is unable to develop Area I'M" because
the City of Carlsbad owns 40% of the property in Area "M" and 45% of the property in Area "J". There is presently an assessment district being formed but it would probably not be able to get bond financing for the bridge without the
neighborhood commercial.
Commissioner Erwin inquired if the dormitories will be
developed concurrently with the educational institution. Mr. Sammis replied that the student housing for some users will be very necessary and will be built concurrently with the educational institution but not all the student housing would
be built at once.
Commissioner Erwin inquired what will happen if Mr. San&s is
unable to attract an educational institution within the 5 year period. Mr. Sammis replied that he has every intention of locating a school there but, if unable to do so, there may be other uses which would be compatible with growth
management.
Commissioner Erwin inquired about a possible elementary school site which Carlsbad Unified is looking at near the railroad corridor in Area "1". Mr. Sammis replied that there is some interest but it has not yet gone to the school board. Commissioner Erwin is concerned about a school so close to a major transportation source, not to mention the noise. The school district is checking this matter out with the State.
Constance A. Stockman, 7123 Linden Terrace, Carlsbad,
addressed the Commission and stated that she is a retired educator and is concerned about what type of accreditation staff would require of an educational institution. She mentioned that some educational institutions rely on
government subsidies and have a record of going bankrupt. She noted that Mr. Saannis has been unable to deliver most of his promises. She would like to know what will happen to Area "A" if an educational institution does not locate there.
Fred Ackelmire, 7213 Linden Terrace, Carlsbad, addressed the
Commission and stated that he thinks the Planning Commission and City Council should demand an executive session with Mr. Sammis and examine him about the educational institutions he claims to be negotiating with. He thinks the school will never happen and therefore the idea should be scrapped.
Margie Monroy, 3610 Carlsbad Boulevard, Carlsbad, representing the Carlsbad Unit of the League of Women Voters, addressed the Commission and read a letter dated April 19,
-
I
MINUTES
April 19, 1989 PLANNING COMMISSION Page 13 COMMISSIONERS y
1989 referring to the controversy about the bluff-top trail
and other concerns which have come forth since the Master Plan was first approved. A copy of that letter is filed with these minutes.
Inez Yoder, 7738 Madrilena, Carlsbad, addressed the Conrmission and stated that this applicant was relieved from
the facilities plan moratorium, received special zoning, and was given early approvals to build homes because he stated that the housing was needed for students and faculty. Ms. Yoder contends that $300,000 - $400,000 homes are too
expensive for faculty members and students. She does not believe an educational institution will ever happen and therefore recosxsends denial of the extension. She believes that the Master Plan should be reopened and the land returned
to productive use.
Dale Schreiber, 1457 Crest, Encinitas, addressed the Commission and stated that he owns Ponto Storage and if Area
"M" is changed to low-density housing it will not make sense because it is the land with the most value because it is
beach frontage. He feels it will take some commercial in
order to build a bridge across the railroad tracks. He would
like to see the project completed as it was intended.
Dolores Welty, 2076 Sheridan Road, Leucadia, addressed the Commission and stated that Mr. Sammis has made many promises but has delivered nothing. The homes he has built are very expensive and she doesn't feel that Mr. Saunais is in the red.
She thinks the request for an extension should be denied.
Gregory A. Hile, 18111 Irvine Boulevard, Suite D, Tustin,
representing Dolores Welty, the South Shore Homeowner's Association, and the Batiquitos Lagoon Foundation, addressed the Commission and stated that a new environmental study should be done because many things have changed since the
original EIR. He believes the traffic volume predicted was erroneous and is not in favor of any executive session because he thinks all information should be presented to the
public. Mr. Hile requested Commissioners to deny the extension.
Henry Thompson, 330 Chestnut, Carlsbad, addressed the
Commission and stated that there have been many violations during the past development stage. Since the applicant has been unable to attract an educational institution, he believes the extension should be denied.
Terry Hackett, 3 Upper Newport, Newport Beach, addressed the Commission and stated that he represents the owners of Area "E" . He supports Mr. Sammis' position and is in favor of the extension proposed by staff. He believes Mr. Sammis has done
many good things for this City and he deserves the opportunity to deliver the project as originally approved. He is unfamiliar with a non-building easement. Mr. Hackett believes the City has nothing to lose by granting a 5 year
extension--Mr. Sammis is blocked in every way and he needs the opportunity to proceed in a positive environment.
Ramona Reasons, 7402 Lantana Terrace, Carlsbad, speaking on behalf of herself and her neighbors, addressed the Commission
and stated that she thinks a complete review of the Master Plan is necessary to see if the project is still viable and desirable.
MINUTES
April 19, 1989 PLANNING COMMISSION Page 14 COMMISSIONERS \
Ray Abair, 711 Linden Terrace, Carlsbad, addressed the
Commission and stated that many people are wondering if the project is still viable and they may be thinking the same
thing five years from now.
Cindy Ward, 937 Begonia Court, Carlsbad, addressed the
Commission and stated that she spoke against the project in October 1985 and is still against it. Many promises were made which have not been delivered and the educational park is as far from reality today as it was in 1985. The project
has lost credibility with educational institutions. She thinks the area is incompatible and poorly planned and would support a total Master Plan review.
Nick Banche, 810 Mission Avenue, Oceanside, attorney for the applicant, was given time for rebuttal and stated that it is easy to express doubt about an innovative plan. Mistakes
happen and Mr. Ssmmis has paid dearly for every mistake which he has had to rectify. He doesn't feel that Mr. Sammis has been given a chance to complete the project. The test is whether or not the review employed by the City conforms to
California law and as far as Mr. Banche knows, it does.
There being no other persons desiring to address the Commission on this topic, Chairman Hall declared the public
testimony closed and opened the item for discussion among the Commission members.
Chairman Hall requested staff to respond to the questions which were asked by the citizenry.
(a) The accreditation condition. Mr. Wayne replied
that the staff report refers to the accrediting bodies listed in the Lovejoy College Guide referenced in the staff report.
(b) What happens to Area "A" after 5 years if an
educational institution does not materialise. Mr. Wayne
replied that another extension could be requested. Also, the applicant or City could request reopening of the Master Plan
at any time.
(c) Is R&D necessary. Mr. Wayne replied that the original concept was a mixed use where R&D would support and be an accessory to an educational institution.
(d) Converting the school to another use once it has
been built. Mr. Wayne replied that the City Council must approve the lease agreement and it will be looked at very
thoroughly to make sure there are safeguards.
(e) Area "H" setbacks. Mr. Wayne replied that minimum setbacks of 80-100 ft. would allow sufficient space for the
trail, etc. He also noted that he knows of no other place in
California which has that large of a blufftop setback requirement.
(f) Is there any industrial zoning on this project.
Mr. Wayne replied that there was no.
(g) Area "Mu possible down zoning. Mr. Wayne replied that staff feels comfortable with residential. However, the
zoning could be reviewed and a change recommended.
MINUTES
April 19, 1989 PLANNING COMMISSION Page 15 COMMISSIONERS
(h) The EIR and traffic concerns. Mr. Wayne replied that an EIR was done on the project and staff does not see
the change in philosophy which was referred to. The Master Plan is basically intact and there have been no changes which would warrant a review of the EIR.
Ron Ball, Assistant City Attorney, noted that this is basically a legal issue. When the original environmental review was done, adverse impacts were addressed in an environmental impact report. Since there have not been substantial changes in the project, a new review is not merited. As regards the executive session mentioned, there
is no legal authority for an executive session.
Commissioner Holmes feels there are some questions which need to be answered: Do we really want a school in 3-5 years, what kind of school, do we want the City Council to review the Master Plan or deny the project.
Commissioner Schlehuber commented that even if the Master Plan is reopened, the number of residential units is fixed. He believes that a 5 year extension would give Mr. Sammis time to try to meet his goal. If he doesn't meet the goal, it will come to the same thing. He would like the reference to Lovejoy's College Guide mentioned in the resolution. He can support the staff recommendation.
Cormnissioner Marcus agrees with Mr. Sasznis about the newspaper headlines. She is not convinced that research will attract education and that it is not necessary to worry about
Area “M” at this time. She thinks 5 years is probably needed. She can support the staff reconrmendation.
Commissioner Erwin asked Mr. Ball to respond to the comments
regarding the non-building easement. Mr. Ball replied that a non-building easement is not a traditional vehicle used in land use but an easement can be denominated in many
ways--this is just a different type of easement. In any event, nothing can be built even without a non-building easement unless it is approved by the City. A non-building easement is enforceable. Commissioner Erwin would like to know what will be there if the educational institution does
not materialize in 5 years. He would like to see it converted to open space and inquired if that could be stipulated at this time. Mr. Ball replied that this has not
been addressed in the staff report or by the applicant and both would need an opportunity to respond.
Commissioner McFadden does not fully understand the consequences of the staff recosznendation and how it will affect circulation. She does not think the project is well planned. She would like this matter continued so that she can get more clarification from staff on their
recommendations. Commissioner McFadden is not opposed to the 5 year extension. She is concerned about the cul-de-sac policy which shuts down the street at 500 units since there are presently 459 units in the vicinity. Mr. Wayne replied that the cul-de-sac policy would be utilized in determining whether any development would go forward. All of the
amendments were added to ensure that the educational park would become a reality.
Michael Holzmiller commented that the circulation requirements of the Master Plan stipulates when the street
MINUTES -
April 19, 1989 PLANNING COMMISSION Page 16 COMMISSIONERS ’
must connect to Carlsbad Boulevard. Chris DeCerbo added that the applicant can continue to build out his residential portions but when the point is reached that an improvement is required, it must be implemented before additional units can
be built.
Commissioner Schramm inquired who determines the length of the lease if a school comes in, and what will happen if the school disappears after one year. Mr. Wayne replied that staff and legal counsel will review any lease agreement to make sure it has safeguards. She would like to know if a condition could be added to establish an acceptable time requirement. Mr. Ball noted that a lease can be breached and there would be no recourse in a bankruptcy.
Commissioner Schramm would like to know uhat will happen if a school does not locate in the park. Gary Wayne replied that the Master Plan states that no additional building will be permitted. Michael Holzmiller replied that staff would probably recommend that it revert to residential.
Commissioner Schramm referred to the 80-100 ft. setbacks in
Area "H" and would like to make sure that the trail will be no less than 10 ft. with at least a 45 ft. setback from the lagoon. Mr. Wayne noted that the condition stipulates a 45 ft. setback but Commissioner Schramm would like something
added to the condition about the trail requirement of 10 ft. within the 45 ft. setback so that it agrees with the coastal
permit.
Commissioner Schramm can accept the 5 year extension.
Commissioner Holmes noted that only 70 homes with a lot of heartaches and problems have evolved after three years. He doesn't think there will be much change in the next 3-5 years and therefore cannot support the staff recommendation.
Chairman Hall is still committed to the project. Even though there have been mistakes made, there will still be more
mistakes to come. He is comfortable with the staff recommendation.
Commissioner McFadden is willing to give the applicant another 5 years but is distressed with the staff recommendations. She would like the opportunity to understand it better.
Motion was duly made, seconded, and carried to continue
this item to the next meeting to get additional staff clarification on the proposed additional conditions and to record the Commission's intent to approve the 5 year extension.
Commissioner Erwin cosxsented that he is really bothered by this project because he feels it will be back before the Commission in 5 years. He would like to see everyone involved agree as to what will happen to the property if an educational institution does not materialize in the 5 year period. He cannot support the extension.
Erwin
Hall Holmes Marcus McFadden
Schlehuber Schramm
/-- MINUTES -
April 19, 1989 PLANNING COMMISSION Page 17 COMMISSIONERS ’
Motion was duly made, seconded, and carried to adopt Planning Commission Resolution No. 2841 recommending approval of MP-175(C) based on the findings and subject to the conditions contained therein, with the following
additions: (1) that the trail be a minimum of 10 ft. within the 45 ft. setback; (2) that the staff report be
included relative to the accrediting bodies named in Lovejoy's College Guide; (3) that the square footage requirement for accredited educational space in the first building be 25,500 and non-accredited be 50,000; and (4)
that the educational lease be for a minimum of 5 years. for an educational facility.
5) LOCAL FACILITIES MANAGEMENT PLAN ZONE 9 - Request approval of the Local Facilities Management Plan for Zone 9 on property located in the southwestern quadrant of the City adjacent to the northwestern edge of
Batiquitos Lagoon.
Due to the lateness of the hour, motion was duly made, seconded, and carried to continue the public hearing for Local Facilities Management Plan Zone 5 to May 17, 1989.
Although the item was continued, Chairman Hall opened the
public testimony and issued the invitation to speak to any persons who would be unable to attend the hearing on May 17th.
There being no persons desiring to address the Commission on this topic, Chairman Hall declared the public testimony continued to May 17, 1989.
6) PCD/GPC 89-2/EIR 87-2 - Request for approval of a Planning Commission Determination/General Plan Consistency finding and a certification of the Environmental Impact Report for improvements to Cannon
Road, a sewer interceptor and sewer pump station, south of the Agua Hedionda Lagoon between Car Country Drive and future Faraday Avenue.
Due to the lateness of the hour, motion was duly made, seconded, and carried to continue the public hearing for PCD/GPC 89-2fEIR 87-2 to May 17, 1989.
Although the item was continued, Chairman Hall opened the public testimony and issued the invitation to speak to any persons who would be unable to attend the hearing on May 17th.
There being no persons desiring to address the Conanission on
this topic, Chairman Hall declared the public testimony continued to May 17, 1989.
Erwin Hall Holmes Marcus
McFadden Schlehuber
Schramm
Erwin Hall Holmes Marcus McFadden
Schlehuber Schramm
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Erwin Hall Holmes Marcus McFadden Schlehuber Schramm
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MINUTES
April 19, 1989 PLANNING COMMISSION Page 18 COMMISSIONERS
DISCUSSION ITEMS:
7) That the Planning Commission consider requ1r1ng all maps
along the north shore of Batiquitos Lagoon to include
the open space and trail to its terminus at Carlsbad
Boulevard.
Due to the lateness of the hour, motion was duly made,
seconded, and carried to continue this discussion item
to May 17, 1989.
MINUTES:
Due to the lateness of the hour, motion was duly made,
seconded, and carried to continue approval of the minutes
for March 15, 1989 to May 3, 1989.
ADDED ITEMS AND REPORTS
Charles Grimm, Assistant Planning Director, reminded members
of the General Plan Committee of the committee meeting at
7:00 a.m. on Thursday, April 20, 1989.
Chairman Hall reminded Commissioners and staff that
janitorial service after Planning Commission meetings had
been curtailed and that litter should be collected and
deposited in trash cans.
ADJOURNMENT:
By proper motion, the meeting of April 19, 1989 was
adjourned at 10:25 p.m.
Respectfully submitted,
MICHAEL HOLZMILLER
Planning Director
BETTY BUCKNER
Minutes Clerk
MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE MINUTES ARE
APPROVED.
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Hall
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Schlehuber
Schramm
Erwin
Hall
Holmes
Marcus
McFadden
Schlehuber
Schramm
Erwin
Hall
Holmes
Marcus
McFadden
Schlehuber
Schramm
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1 of 2
When the idea of an Educational Park was first presented in 1985 most of us
welcomed it as a benefit to this city. Since that time nearly four years
have passed and not one school has committed to this park. This is a red flag
before ehch of you to indicate that this Educationel Park has problems.
Kith all the availabie schools in this gracing State someone should have said
“yes ” befcre now.
i have two concerns with the Staff Report:
My first is the statement that we ~111 ccnZitioi> this bui;Zirlg so that 1t
can be used only as a school. Suppose that the school is built and the major
tenant leaves. After a diligent search to find a replacement the oi;ner COINS
before you and says he can not find a suitable tenant and asks for a zone change.
No one bentfi+c a.- rrom a vacant bui Id iq. Csn you say no KG this request?
Actuaily you my never get the chance i‘s ecswer this qucsc;on -- courts hove
iong hei2 that wtr Lo not have the ?rgirt to reTuse so;ico!w ehc USE of iiis :srOpeity.
A court may order you to rezone. Before you vote fo comiii: rbis City you
should ask the City Attorney if you can keep ti:is ‘ouildng frofi: ixing use? for
other pLrposc:s.
I*iy second concern is the length of time the school Glli cx!st. 3taff
recommexds a Tive-year iease cmmi tment before comtrucrion CBT; begin.
Established accredited schooIs have lortg tenure -- it is to their advantage
to seek a iong-term iease. Five years is a vEry short t ice for one of these
schools. Arty school that wlli not comit for more than five yeers is a reason
for you to conclude that the school may be a poor risk. For this reason you
should insist upon a 2C-year lease minimum as a condition to build.
I sincerely hope that you will abandon the idea of an Educational Park at
this location and that you wlil instruct Staff to work with the developer on
other uses for this site -- uses that are more compatible with a residential
community. Some of these uses are described in the Staff Report on page h,
-.
2 of 2
.
beginning with paragraph two. I might add that part of the open space could
be used as common area with a meandering stream. Sammis * ne ighbor to the east,
TeaC1 1 f f” , has such a stream. The resulting increase in home value would
mean more prc>fit to the developer to compensate for the loss of the potential
school building. What we do not want in this resident ial area is a
commercial building.
Thank you.
Joe Reed
1XM Daisy Ave
CdrlSbad, CA 92009
4389356 7
League of Women Voters
North Coast San Diego County
July 11, 1989
To the Members of the City Council, Carlsbad, Californiat
The Carlsbad Unit of the League of Yemen Voters Morth Coast San Diego County opposes the extension of the Ratiquitos Educational Park Master Plan. Ye urge you Instead to take this opportunity to open this Master Plan for review and possible amendment. The original Master Plan envisioned a self-contained community centered around a graduate university. Research and development facilities, offices, and a variety of residential uses were planned to serve the schools,
The possibility of the establishment of a university is now remote and "other educational uses" are to bs allowed instead. The centerpiece of the Master Plan thus has changed, bringing into question the land uses planned for the other areas. For examplet
1. In the absence of an actual university, is there a need for an area devoted to Research and Development and offices? League feels that such an area could easily become just another small industrial park with no educa- tional institution as a focal point.
2. What assurance is there that the full-time accredited institution of higher learning or especially the schools designated as "other educational uses" will not be downgraded to other uses in the future?
3. Does the completed portion of the Sammis Project f&l.fill the spirit of the existing Master Plan? The project as it is being developed presently certainly is not what the City expected or wanted when the approvals were grcLnted. League urges the application of the new City guidelines for homes on small lots to this project to avoid the construction of more units with the boxlike appearance of the completed homes.
4. lf the requested extension of five years is granted, will the City wait that long before it reviews the Raster Plan again? League supports fre- quentreviews of master plans.
To sum up, the central premise of this Master Plan, the promised university, has not been achieved, and there is no assurance that it ever will be. If the City allows this developed to proceed with other parts of the plan, one of the most beautiful sites in Carlsbad may be irrevocably damaged. As the experience with the existing units shows, once the buildings are completed, I the damage is done. Therefore, League of Yemen Voters strongly urges the City to take advantage of this opportunity to rethink the Ratiquitos Education- al Park.
Sincerely,
Ruth Lewis, President
P.O. Box 727, Cardiff-by-the-Sea, California 92007
A -
NOTICE OF PUBLIC HEARING
MP-175(C)
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public
hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:00 P.M.,
on Tuesday, July 11, 1989, to consider an application for an Amendment to Master Plan 175
(Batiquitos Lagoon Educational Park) to allow an extension of the Master Plan specified
time limit within which an educational building must be constructed within Planning
Area "A" .
If you have any questions regarding this matter, please call the Planning Department
at 438-1161.
If you challenge the Amendment to Master Plan 175 (Batiquitos Lagoon Educational Park)
in court, you may be limited to raising only those issues you or someone else raised at
the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's Office at or prior to the public hearing.
APPLICANT: Sammis Properties
PUBLISH: June 30, 1989 CARLSBAD CITY COUNCIL
LOCATION MAP
‘r City d CtdM
I MP-175(C)
BATIOUITOS LAGOON EDUCATIONAL PARK
.
. (Form A)
TO:
FROM:
RE:
CITY CLERK’S OFFICE
PLANNING DEPARTMENT
PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
MP-175(C) - SAMMIS
. . .
for a public hearing before the Clty Council.
Please notice the item for the council meeting of I/
.
Thank you.
Assistant City Man-
5125189
Date
I
h
. , NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will
hold a public hearing at the Council Chambers, 1200 Elm Avenue, Carlsbad,
California, at 6:00 p.m. on Wednesday, April 19, 1989, to consider approval of
a request for approval of an Amendment to Master Plan 175 (Batiquitos Lagoon
Educational Park) to allow an extension of the Master Plan specified time limit
within which an educational building must be constructed within Planning Area
"A" .
Those persons wishing to speak on this proposal are cordially invited to attend
the public hearing. If you have any questions, please call the Planning
Department at 438-1161.
If you challenge the Amendment to Master Plan 175 (Batiquitos Lagoon Educational
Park) in court, you may be limited to raising only those issues you or someone
else raised at the public hearing described in this notice or in written
correspondence delivered to the City of Carlsbad at or prior to the public
hearing.
CASE FILE: MP 175(C)
APPLICANT: SAMMIS PROPERTIES
PUBLISH: APRIL 7, 1989
CITY OF CARLSBAD PLANNING COMMISSION
ELJA AND SOFLA LERMAN DAVID AND ENCHLA \JU 7591 NAVLGATCR CIRCLE 7593 NAVIGATUR CIRCLE CARLSBAD, CA 92009 CARLSBAD, CA 92009
STEPHEN M NOVAK 7597 NAVlGATOR CIRCLE
CAKLSBAD, CA 92009
MR 6 MRS DAVID BRIAN FARR
604 NAVIGATOR COURT CARLSBAD, CA 92008
PLK 6 MRS JAMES WILSON 610 :JAVlGATOR COURT CARLSBAD, CA 92008
FRED T GREENE AND SONIA S
GREENE
616 NAVIGATOR COURT
CARLSBAD, CA 92009
MR & MRS MICHAEL G BARTON 611 NAVIGATOR COURT CARLSBAD, CA 92009
CH&ES AND JACKIE SCHAFFER 372 N SIERRA AVENUE SULANA BEACH, CA 92075
RICHARD AND NOES LEE 7576 NAVIGATOR CIRCLE CARLSBAD, CA 92009
STEVE AND DONNA ARNAUDOFF 13372 KEEGAN PLACE
SAN DIEGO, CA 92130
OWNERSHIP LIST
ROSALENA OWNER'S ASSOCIATION C/O SAMMIS PROPERTIES 2650 CAMINO DEJA KIO SOUTH #lOO SAN DIEGO, CA 92108
' MR & MRS JEFFREY A MC GEE 606 NAVIGATOR COURT CARLSBAD, CA 92005
THOMAS B HANSON & MARLENE F OSTERFELD 612 NAVIGATOR COURT
CARLSBAD, CA 92009
KENDALL K LEE
615 NAVIGATOR COURT
CARLSBAD, CA 92009
t.tloMAS AN11 MLCHELLE WEfQlEKS 7595 NAVLGATOK CIKCJ,E CAKLSBAD, CA 92009
CINDY 1, fIOULDIN 602 NAVJ.GA'l'OK COURT
CAKLSBAD, CA 92008
MR KENT ANDERSON 6108 NAVIGATOR COURT CAKiSBAf), CA 92008
MR & MRS LARKY H BAKEH 614 NAVIGATOR COURT
CARLSBAD, CA 92009
LUPE 1, HOUSE
613 NAVIGATOR COURT
CAKLSBAJ), CA 92009
MR & MRS MICHAEL JAY HAYUTIN DAVID A flALL AND MARLENE A HAL
609 NAVIGATOR COURT 607 NAVIGATOR COURT CARLSBAD, CA 92008 CARLSBAD, CA 92009
ROY E LANGE AND ANN H LANGE ROBERT E JIKUEGGEMAN AND 7580 NAVIGATOR CIRCLE I, LNDA I, f~RIJfX:GEMAN CAKLSBAD, CA 92009 7578 NAV I.(:A'J'OK Cf KCLrl
CARLSBAD, CA 92009
LOUIS TORI0 MALCOLM MAGOWAN 7574 NAVIGATOR CIRCLE 7572 NAVIGATOR CIRCLE CARLSBAD, CA 92009 CARLSBAD, CA 92009
JACK AND CARROLL MC EACHERN 418 LINCOLN BLVD SANTA MONICA, CA 90402
PAUL S HO AND TERESA L HO 7543 NAVIGATOR CIRCLE CARLSBAD, CA 92009
OWNERSHIP LIST
DALE L ii DUNNA K SCHREIBER DALE 1, & DONNA K SCHREIBER 1457 CREST DRIVE 1457 CREST DRIVE
ENCLNITAS, CA 92024 ENClNITAS, CA 92024
DALE L 6 DONNA K SCHREIBER STATE OF CALIFORNIA 1457 CREST DRLVE NO MAILING ADDRESS FOR THIS ENCINITAS, CA 92024 OWNER
<'TATE OF CALIFORNIA ATCHISON TOPEKA & SANTA FE ;\iO MAILING ADDRESS FOR THIS RAILROAD OWNER NO MAILING ADDRESS FOR THIS OWNER
ATCHISON TOPEKA & SANTA FE STATE OF CALIFORNIA RAILROAD NO MAILING ADDRESS FOR THIS
NO MAILING ADDRESS FOR THIS OWNER
OWNER
STATE OF CALIFORNIA SEA BLUFF ASSOCIATES NO MALLING ADDRESS FOR THIS 276 N EL CAMINO REAL OWNER OCEANSIDE, CA 92054
UDMARK 6 THELAN MARGE TOMLINSON
3200 FOURTH AVE STE 101 P 0 BOX 389
SAN DIEGO, CA 92103 CORONADO, CA 92118
ATTN: JOHN THELAN
RATIQUITOS BLUFF C/O SAMMIS PROPERTIES
2650 CAMINO DEL RIO NORTH
SAN DIEGO, CA 92108
PlR & MRS JOHNNY HO 7579 NAVIGATOR CIRCLE CARLSBAD, CA 92009
BATrQUITOS BLUFF C/O SAMMIS PROPERTIES
2650 CAMINO DEL RIO NORTH
SAN DLEGO, CA 92108
PAl'RICK NORMAN O'DAY GARY AND PAMELA ABNEY 7585 NAVIGATOR CIRCLE 8282 LANKIN STREET CARLSBAD, CA 92009 DOWNEY, CA 90242
DALE I. & DONNA K SCtiREIBER 1457 CRIES I)RLVI:
f:NCLN I:f.'AS, CA 92024
STATE OF CALIFORNIA
NO MAILING ADDRESS FOR THIS
OWNER
STATE OF CALIFORNIA NO MAILING ADDRESS FOR THIS
OWNER
STATE OF CALIFORNIA NO MAILING ADDRESS FOR THIS OWNER
EXTEN VENTURES INC 2655 CAMLNO DEL RlO N STE 30;
SAN DIEGO, CA 92108
SCOTT ONG AND BRIAN AU
7528 NAVICA'L'OR CTRCLE CARLSIIAD, CA 92009
LARRlMORE ADAMS 7577 NAVLGATOR CIRCLE
CARLSBAD, CA 92009
MR & MRS WENDELL D VAN ATTA 6412 LAG0 GRANDE DRIVE
BONSALL, CA 92003
LETA LARORDE 7589 NAVIGATUR CIRCLE
CARLSBAD, CA 921309
OWNERSHIP LIST
DENNIS & JANET OLSON
7413 LlNDEN TERRACE CARLSBAD, CA 92009
T REED & DEE ANN E S ALDER 7407 LINDEN TERRACE
CARLSBAD, CA 92008
JOANNE M SMALL
7333 LINDEN TERRACE
CARLSBAD, CA 92008
MS NANCY SVOBODA
19802 NAVILLA PLACE COVINA, CA 91724
HERMAN A & SAUNDRA SCHMIDT
7321 LINDEN TERRACE
GWSBAD, CA 92008
MRS BEVERLY ANN SCHWABE
7315 LINDEN TERRACE CARLSBAD, CA 92009
SEA CLIFF HOMEOWNERS ASSN
C/O LOOMIS PROPERTIES INC
6120 PASEO DEL NORTE #J-l CARLSBAD, CA 92008
ELEANOR C EISELE 7429 LINDEN TERRACE CARLSBAD, CA 92009
DONALD C HERSTEDT JR 917 MYRTLE COURT
GIRLSBAD, CA 92008
CARROLL D & BONNIE L SMITH JOE R 6 JACQUELINE L TATE 7411 LINDEN TERRACE 7hOY I, I EII)I:N Tl'KRACE CARLSBAD, CA 92008 CAKLSBAD, CA 92009
MR & MRS RICHARD FLOYD KONALD .J h KARLS A HELWLG
7405 LINDEN TERRACE 7335 LINDEN TERRACE
CARLSBAD, CA 92009 CAKLSI~AD, CA 92008
GEORGE E WOOLLEY, TRUSTEE & MR & MRS DREYER M LILLIAN WOOLLEY, TRUSTEE 7329 I,INDI:.N TERRACE 102 INTREPID STREET CARLSBAD, CA 92009
NEWPORT BEACH, CA 92663
SHIMZO & HIROKO DATE SHLNZO & tlIROKO DATE
7323 LINDEN TERRACE 7323 LINDEN TERRACE
CARLSBAD, CA 92008 CARLSBAD, CA 92008
CHARLES T-& RAY MC GOLDRICK HAROLD ROBBINS 7319 LINDEN TERRACE 73 17 LINDEN TERRACE
CARLSBAD, CA 92008 CARLSBAD, CA 92008
GEORGE W i BARBARA J PENNINGTON THOMAS I, & MARILYN J PETERSON
7313 LINDEN TERRACE 7311 LINDEN TERRACE
CARLSBAD, CA 92008 CAKLSBAD, CA 92UO8
SEA CLIFF HOMEOWNERS ASSN C/O LOOMIS PROPERTIES INC
6120 PASEO DEL NORTE #J-l
CARLSBAD, CA 92008
MARK HARTNER & GAIL HARTNER- SMITH 618 DETROIT STREET DENVER, CO 80206
MIMI W SMYTH 915 MYRTLE COURT CARLSBAD, CA 92009
stx cl,lFl IIOMEOWNEKS ASSN
C/O LOOMIS PROPERTIES INC
6120 PASEO DEL NORTE tJ-1
CARLSBAD, CA 92008
PENISTON & BARBARA L GARNEK
916 MYRTLE COURT
CARLSBAD, CA 92008'
DALE L & DONNA E SCHREIBER
1457 CREST DRIVE
ENCINLTAS, CA 92024
OWNERSHLP LIST
IFRED W & MARY L ACKELMIRE ;7213 LINDEN TERRACE (CARLSBAD, CA 92008
(':ERARD R 6 GRACE M DEGAN
'i7207 LINDEN TERRACE
(CARLSBAD, CA 92008
214-482-43 .JUJ)L SLUBOWSKI, L ALTOBELLO ;7201 LINDEN TERRACE (CARLSBAD, CA 92008
ii AND MRS RAYMOND TANG
567 ELINOR DRIVE
FULLERTON, CA 92635
WILLIAM tt MALLEY 7205 LINDEN TERRACE CARLSBAD, CA 92009
ANTHONY F & DOROTHY L BUBENAS 7157 LINDEN TERRACE CARLSBAD, CA 92008
STI\NWOOD W & MARGAIIET'l'A .J JOlINSON 7209 I,INDEN TERRACE
Cr\l~l.Sf1,\1~, CA 92008
THOMAS E & JANLCE I, JAMES 7203 LINDEN TERRACE CARLSBAD. CA 92008
SHERRI J CHAMBERLLN
7 15 5 I, INDEN TERRACE
CARLSBAD, CA 92009
WLLFRED J 6 HELEN G LEONARD 3009 NEWPORT PARKWAY 1130
JERSEY CITY, NJ 07310
BRONLS H & ROSE VIDUGIRIS
7151 LINDEN TERRACE
CARLSBAD, CA 92008
SLDNEY L & DOKUTIlY J TEMPLE
7 149 LINDEN TERRACE CARl,SBAD, CA 92008
MR AND MRS ROBERT R FAJARDO FLOY A SAUEY .JOIIN P 6 SHEILA A SLAYTON 7147 LINDEN TERRACE 510 FOURTH AVENUE 7141 LI.NDEN TERKACE
CARLSBAD, CA 92009 BARABOO, WI 53913 CARLSBAD, CA 92008
ROBERT & SHIRLEY M BLACK
3139 LINDEN TERRACE
tXRLSBAD, CA 92008
CLEN E & RACHEL J HUNTINGTON
4847 GALICIA WAY OCEANSIDE, CA 92056
SEA CLIFF tlOMEOWNERS ASSN
C/O PLAZA BUILDERS INC
3127 A..IRlJAY AVE #A
COSTA MESA, CA 92626
IROBERT W & MAR7 L MARTIN . '9433 LlNDEN TERRACE (CARLSBAD, CA 92008
iMILDRED LERNER
7425 LINDEN TERRACE
'CARLSBAD, CA 92008
SiMUEL B-i BARBARA A K SMITH j4 PARKWOOD ~LAGUNA HILLS, CA 92656
ALDO & MARIA A BARONE
2149 W AVE #N-4
PALMDALE, CA 93551
DOUGLAS & MARIAN J GARTON LINDA J PARKER
7423 LINDEN TERRACE 7421 LINDEN TERRACE
CARLSBAD, CA 92008 CAKLSHAD, CA 92008
SOL & BETTY A BUCKSBAUM 7417 LINDEN TERRACE CARLSBAD, CA 92008
CtlARLES J & .ISABtX K FIACCO 5568 GLENHAVEN AVII
RIVERSlDE, CA 92506
ElIiS EVELYN PALMEK 74 1.5 I,1 NDEN Tt;:RKACE
CARLSIIAD, CA 92009
OWNERSHIP LIST
MR & MRS DONALD R R FIELDS LEE 0 S VIRGINIA M GRAHAM GEOFFREY B LUTZ
2220 COUNTRY CLUB DRIVE 7224 LINDEN TERRACE 6550 INDIAN TRIAL WAY
I;I,ENDORA, CA 91740 CARLSBAD, CA 92028 FALLBROOK, CA 92028
DWJG COLTON AND MARY COLEMAN EDDY & DEBORAH SWIESON IE HERBERT D & SYLVIA D SCHLALN 7228 LINDEN TERRACE 38 TREWORTHY ROAD 7232 LINDEN TERRACE CARLSBAD, CA 92008 GAITHERSBURG, MD 20878 LA COSTA, CA 92009
BYRON & EVELYN M AUSTIN BENJAMEN P III MILLER
7234 LLNDEN TERRACE SUSAN MILLER-KURDZLOLEK
ClkKLSBAD, CA 92008 7236 LINDEN TERRACE
LA COSTA, CA 92009
MR AND MRS MILAN JUROO TH&S A i DOROTHY M STEWART
7420 LINDEN TERRACE LINDA A JANKUS &\RLSBAD, CA 92009 7309 LINDEN TERRACE LA COSTA, CA 92009
GEROGE ELSNER AND ANNE EISNER L R SCARAMUZZA, ROSA J MOORE
7305 LINDEN TERRACE 7303 LINDEN TERRACE
CARJSBAD, CA 92009 CRRLSBAD, CA 92008
RALPII & DLANNE A WEEKLEY
7238 1,INDEN 'I‘IIRRACb;
CARLSUAD, CA 92008
JAMES E h JEAN M FARRELL 7307 LLNDEN TERRACE CAKI,SIhu~, CA 92009
ROBERT I, SELI,ARDS h BEKNARDLNE
<I SELLARDS
7239 LLNDEN TERRACE
CARLSBAD, CA 92009
RUBERT B KOSSE
7237 I,LNDEN TERRACE
Ci\RLSBAD, CA 92008
PHILIP E i ELEANOR L TRUEX
7235 LINDEN TERRACE
CAKLSBAD, CA 92008
STEPHEN I & ISABEL S JOlINSON
7223 LLNDEN TERRACE
CARI,SBAD, CA 92008
FLORENCE J COWEN 7231 LINDEN TERRACE CrlRLSBAD, CA 92008
WNALD E & MARY B PIGFORD NORMAN E RICHINS, NORMA J TATE ROLFF & MAKY B WOOLFORD
800 E ZOTH STREET 7223 LlNDEN TEKMCE 7221 LINDEN TERRACE
FtQMINGTON, NM 87401 CARLSBAD, CA 92008 CARLSBAD, CA 92008
CHARLES A JR & BARBARA A
PI ICHOISON 7219 LINDEN TERRACE CAKLSBAD, CA 92008
TAYJ,OR F d CAROLINE M MATTERN RAYMOND E & ROBERT P JESSOP 7229 LINDEN TERRACE 7227 LLNDEN TERRACE CARLSBAD, CA 92008 CAKLSBAD, CA 92008
ROLAND M & CARYOL F ROSKELLEY ROBERT I, & SIJSAN I, MILLER 755 N GLENDOM AVE 72 15 J,I NDEN TERRACE GLENDORA, CA 91740 CARLSBAD, CA 92008
OWNERSHIP LIST 4
'!K AND MRS PAUL JJ ADDISON 1175 SOLANA DRIVE IILL EIAK, CA 92014
RA!?l S & SHEELA RATAN
0ANL BECKER 57'378 TWENTY NINE PALMS HWY
YUGCA VALLEY, CA 92284
ALFRED & EMILZA S SWITGALL 13 1 S ESCONl)LI)O BLVD
ESCUNDLDO, CA 92025
JOMN & CARYL FISHER
6630 SUNSET CLRCLE
RLVERSIDE, CA 92505
PUNT0 STORAGE INC P C) BOX 23
CARLSBAD, CA 92008
CHARLES & JILL I BRONSON C/O MORGAN & MARTINDALE 10780 SANTA MONLCA BLVD 11280 LOS ANGELES, CA 90025
YARILYN C SJJANER 7204 J>I.NDEN TERRACE
CARLSBAD, CA 92008
FORREST E & MARIAN V HART 7210 LINDEN TERRACE CARLSBAD, CA 92008
NAlDA T., STAFF 7216 L'LNDEN TERRACE CARLSBAD, CA 92008
GREGOKIO G & J,UZ El G ALCARAZ JERRY C (;KABJ7N 7244 PONTO DRIVE 67 19 CA:JINO DEJ, L'RADO CAKLSBAD, CA 9200Y Cr\Rl,SIIAl), CA 92008
MARK L LEIDER 7250 PONTO DRIVE
CARLSBAD, CA 92008
DALE I, 6 DONNA E SCIIRLEBEK 1457 CRI<ST DRIVE
ENCLNLTAS, CA 92024
EUGENE C & MARGARET El CHAPPEE MR MARK LEIDER
654 N HLGIlWAY LOL J 47 A WEST GI.AUCUS
ENCLNLTAS, CA 92024 LEUCALI LA, CA 92024
CARLA S FITZSIMMONS FJORRISS 'I' 6 EUSTACIA G YANEZ 7258 PONTO DRIVE P 0 130X 2115 CARLSBAD, CA 92008 I,EUC:AD II\, CA 92024
ATCHISON TOPEKA & SANTA FE RAILWAY
NO MAILING N)DRESS FOR THIS
OWNER
JOHN W & JEAN B MILLER 317 DAPHNE COURT CARLSBAD, CA 92008
JAMES G & VIRGLNIA M KLINE 7206 LINDEN TERRACE
CARLSBAD, CA 92008
CHARJ,ES &' JIJ,L I J3RONSON
C/O MORGAN 5 MART1NDAl>E
10780 SANTA MONICA BLVD i/280
LOS ANGELES, CA 90025
MS JIJNE 1 MlI,J,I:,R
815 DAPIJNE C0UR'J:
CARLSBAD, CA 92008
I'AR'I:NI~RS IN)NU’i’S LNC 7208 L,LNDI:.N 'l'I~l~I~ACE
CARLSBAD, CA 92008
PAUL T & DEBRA B KOLEN 7212 LINDEN TERRACE CARLSBAD, CA 92008
JEROME E MORENO, I ALE)(I\NDER
72 14 LINDEN TERRACE
CARLSBAD, CA 92008
ROBERT D NARDI Fu E SUSAN NARDI r11ts ~)oItLs PI Ci\MI'1~171,1,, 'CRIJS'L'EE
122 GREEN HILL RUN) 7 220 I, LNJ)J;N TERRACE
LONG MEADOW, MASS 01106 CARLSBAD, CA 92008
F'.ZTKLC 1121. r1LI)I~LE'ruN ET AL
Tj3Y NAVIGATOR CIRCLE
Ct\RLSBfw, CA 92009
EIK 6 MRS .JC)HN K KENNEDY 7533 NAVIGATOR CIRCLE
CAKLSBAD, CA 92uu9
ROBlSK'T F HhlNES & SUSAN K
CKONlN 7527 NAVLGATOR CIRCLE CARLSBAI), CA 92008
PllNtl l,E, ETAL
751Y NAVIGATOR CIRCLE
(:ARl.,SHAD, CA 92009
OlJNERSHI.1' LT.S'T .
HSIANG-LIN CtIU, ETAL 7537 NAVIGATOK CIRCLE
CARLSBAD, CA 92008
MR 6 MRS PATRLCK El SULLIVAN
7531 NAVIGATOR CIRCLE
CARLSBAD, CA 92009
DON TLINGATE AND DEi5ORAH FAIN
7525 NAVLGA'L'UR CIRCLE
CARLSBAD, CA 92009
ESTHER SLOW-POON
7517 NAVIGATOR CIRCLE
CARLSBAD, CA 921308
(;KI:C; IlAUf:1lEY b I, LSA HOO’L’(IW 7 535 NAV LGA'TOR I: IRCLE
CARLSBAD, CA 92009
ElK & ENS SHJCNG CIIY I WlJ
7529 NAVLGATUR DRLVE
(:ARI>SUAI), CA Y 2004,
RAT 1 ()IJ I ‘I’CIS lll,IJI:F C/O SANE1 I S 1’1~01’I1R’~ 1.1;s 265U CA>lJ.NO DEL 1~10 NORTtl
SAN DLEGO, CA 92108