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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". - 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 $ 0, d p 4 a z 8 c5 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. - - 1 2 3 4 5; ” 6 7 E 8 1c 11 12 12 14 15 16 17 1E 19 2c 21 22 2;5 24 25 26 27 28 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. . . . PC RESO NO. 2841 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 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": PC RESO NO. 2841 -3- I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2'7 28 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- - (1) (2) (3) (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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1E l'i 1E 1s 2c 21 2i 2? 24 25 26 27 28 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 PC RESO NO. 2841 -5- - 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 - 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 I 1 MP-175(C) 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 i ‘I f 1; ,o!’ II., illi ,11/1 ‘,i!i llj’i II Ii i. Ii lb 1 I/ 1 ! 1:) i 111 I \& i ‘:(I r :,\t i ,,\\ ; :;:;:, _ \..’ \\ \ \ \; ‘, “\ u 8:) ,t; ii: .f, 1’ , ,/ ! 11, ;:I$!,, 1 ‘; I! ;;;;, (11 ! t: 1 1, ‘1, ;1) ‘/ I 1, I t .i’, ;:;I ;+ ;,i !:[; ’ 1 I I( ; .! /I 1 i ‘Ijl 1 ; il , ’ ,(/ii i/l !, t ,‘I ‘, , ; ‘, ~ 1 ‘i ;::I I :/I ‘j, ‘,,I ‘,I ,“I\ ,!: 1, I, ’ i,+j’l ,‘, !I I i ,, / ‘I, J., ! hi, : Id” 1 I’ I I “I 1 i / 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 \ 9 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 \ \\ 5 % % ‘p ’ 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 a \ 8 > w R A n R I! I( I n Erwin Hall Holmes Marcus McFadden Schlehuber Schramm . • ','! 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. Erwin Hall Holmes Marcus McFadden Schlehuber Schramm Erwin Hall Holmes Marcus McFadden Schlehuber Schramm Erwin Hall Holmes Marcus McFadden Schlehuber Schramm X X X X X X X X X X X X X X X X X X X X X X X X - 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; 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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 . 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