HomeMy WebLinkAbout2002-10-22; City Council; 16953; Appeal of Planning Commission Decision PCD 01-05CITY OF CARLSBAD - AGENDA BILL
AB# 16,953 m:
AN APPEAL OF THE PLANNING COMMISSION’S DECISION
TO DENY PCD 01-05 - RANCHO CARRILLO VILLAGE “T”
a
CITY ATTY. (!!b
CITY MGR &$
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No.
Commission’s recommendation to DENY the request.
ITEM EXPLANATION:
Village T is located within the boundaries of the Rancho Carrillo Master Plan, which was approved by
the City Council on October 21, 1997. For planning purposes, the Rancho Carrillo Master Plan is
divided into Villages ”A - “T.” The Master Plan identifies the allowable type and intensity of land
uses in each village and provides general development and design standards, requirements, and the
method by which the Rancho Carrillo Master Plan will be implemented. Village T of the Rancho
Carrillo Master Plan is a 3.44-acre parcel located at the westerly edge of the master plan on the
that if the Village T site is not utilized as a community service facility (i.e. within three years of grading
northeasterly corner of El Fuerte and Rancho Pancho. The Rancho Carrillo Master Plan specifies
of the right-of-way for El Fuerte Street or the collector street (Rancho Pancho) adjacent to the site)
then the site shall revert back to its underlying designation of Residential-Medium. This would allow
the site to be developed with up to 19 residential units upon approval of a Planning Commission
Determination which shall be granted upon a showing by the applicant that they have made good
faith efforts to market this site to a community facility type of use during the three-year period without
any success.
A request for approval of a Planning Commission Determination to allow this site to be developed per
its Residential Medium designation was considered by the Planning Commission in September 2000
and on August 7, 2002. At both hearings the members of the Planning Commission believed that
the developer had not made a sufficient good faith effort to market the property. The applicant has
appealed the latest decision to the City Council.
ENVIRONMENTAL REVIEW:
The Master Plan Environmental Impact Report included review for either type use for the property.
Subsequent environmental review of the development of the site would be completed during project
review.
FISCAL IMPACT:
No fiscal impact to the City.
EXHIBITS:
2. Location Map
1. City Council Resolution No. 2002-318
4. Planning Commission Staff Report, dated August 7, 2002
3. Planning Commission Resolution No. 5157
5. Excerpts of Planning Commission Minutes, dated August 7, 2002
6. Letter of Appeal, dated August 14, 2002.
2002-318 , UPHOLDING the Planning
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RESOLUTION NO. 2002-318
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, UPHOLDING A PLANNING
COMMISSION DECISION TO DENY A PLANNING
COMMISSION DETERMINATION TO ALLOW VILLAGE T, A
COMMUNITY SERVICE FACILITY SITE, WITHIN THE RANCHO
CARRILLO MASTER PLAN TO REVERT TO THE UNDERLYING
CORNER OF EL FUERTE AND RANCHO PANCHO IN LOCAL
PROPERTY GENERALLY LOCATED ON THE NORTH EAST
FACILITIES MANAGEMENT ZONE 18.
CASE NAME: RANCHO CARRILLO VILLAGE T
CASE NO: PCD 01-05
WHEREAS, on August 7, 2002, the Carlsbad Planning Commission deniec
Planning Commission Determination 01-05, to allow Village T of the Rancho Camllo Mastel
Plan to revert to the underlying Residential-Medium land use designation and
RESIDENTIAL-MEDIUM LAND USE DESIGNATION ON
WHEREAS, the appellant on August 14, 2002, timely filed an appeal with the Citl
Clerk; and
WHEREAS, on the 19th day Of NOVEMBER , 2002, thc
City Council of the City of Carlsbad, considered said appeal; and
WHEREAS, upon considering the appeal, the City Council considered all factors
relating to the appeal.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That said appeal is denied,
3. That the findings of the Planning Commission in Planning Commission Resolution No. 5157 on file with the City Clerk and incorporated herein by reference constitute
the findings of the City Council in this matter.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 19th day Of NOVEMBER 2002, by the following vote,
to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard. Hall
NOES: None
ABSENT: None
ABSTAIN: None
AlTEST:
,.L+z&p
(SEAL)
Page 2 of 2 of Resolution No. 2002-318
-2- 3
EXHIBIT 2
RANCHO CARRILLO -VILLAGE T
PCD.01-05
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EXHIBIT 3
PLANNING COMMISSION RESOLUTION NO. 5157
A RESOLUTION OF THE PLANNING COMhKSSION OF THE
CITY OF CARLSBAD. CALIFORh’IA. DENYING A
PLANNING COMMISSION DETERMINATION ON
PROPERTY GENERALLY LOCATED EAST OF EL FUERTE
AND NORTH OF RANCHO PANCHO IN LOCAL FACILITIES
MANAGEMENT ZONE 18
CASE NAME: RANCHO CARRILLO VILLAGE T
CASE NO: PCD 01-05
WHEREAS, Continental Residential, Inc.. “Developer”P0wner” has filed a
verified application with the City of Carlsbad regarding property described as
Lot 103 of Carlsbad Tract No. 93-04, Rancho Carrillo Village
“Q,” in the City of Carlsbad, County of San Diego, State of
California, according to map thereof No. 13551, filed in the
Office of the County Recorder of San Diego County, March 31,
1998
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planning
Commission Determination, on file in the Planning Department RANCHO CARRILLO
VILLAGE T - PCD 01-05 as provided by Chapter VIII.C.20 of the Rancho Carrillo Master
Plan (MP 139F); and
WHEREAS. the Planning Commission did on the 6th day of March 2002, and on
the 7th day of August, 2002, consider said request; and
WHEREAS, at said 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 Planning Commission Determination; and
NOW, THEREFORE. BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the hearing, the Commission DENIES
RANCHO CARRILLO VILLAGE T - PCD 01-05 reversion of the property
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from a community service facility to the underlying Residential-Medium land
use designation based on the following finding:
Findings:
1. That the applicant has not made a good faith effort to market the site to a
community facility type use.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California. held on the 7th day of August 2002. by the
following vote, to wit:
AYES: None
NOES: Chairperson Trigas, Commissioners Dorninguez, Heineman.
Segall, White, and Whitton
ABSENT: Commissioner Baker
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J.%ZM~LER
Planning Director
PC RESONO. 5157 -2- 6
The City of Carlsbad Flsnnlng Department EXHIBIT 4
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: August 7,2002 Project Planner: Van Lynch
SUBJECT: PCD 01-05 - RANCHO CARRILLO VILLAGE T - Request for approval of a
Planning Commission Determination to allow Village T within the Rancho
Carrillo Master Plan, a community service facility site, to revert back to the
underlying Residential-Medium land use designation.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 5157,
APPROVING PCD 01-05, allowing the community service facility land use designation of
Rancho Canillo Village T to revert to Residential-Medium General Plan designation.
11. INTRODUCTION
This item was scheduled for March 6, 2002, but was continued to a date uncertain to allow the
applicant time to negotiate with a potential buyer of the property and to continue to market the
property. The interested party has stated that they no longer have an interest in the property.
Please see letter attached. There has been interest from two separate parties to establish a
childcare facility on the property. Continental has previously entered into an agreement with the
existing childcare operator (Kindercare) that no other childcare providers would be allowed
within the Master Plan.
ATTACHMENTS:
1. Planning Commission Resolution No. 5157 (PCD)
2. Letter from Jehovah Witness to Continental Homes, dated June 26,2002
3. Staff Report dated March 6,2002 with attachments
4. Excerpt from March 6,2002 Planning Commission meeting
VL:cs:mh
,.
Ken Chernish
P.O. Box 2695
Escondido, Ca 92033
Nancy Nemec
Horton Continental
5927 Priestly Dr.
Carlsbbrd, Ca. 92008
6-26-02
Dear Ms. Nemec:
Pursuant to my conversation with Mr. Peter Curry ofBusiness Real Estate Brokerage Co.
yesterday, we arc no longer considering your site in Carlsbad. We ate instead pursuing an
alternative location.
further clarification needs to be offered to the City of Carlsbad by us regarding our past intwest,
please don’t hesitate to contact us.
WE sincerely appreciate the opportunity we were given to consider your site. If my
Ken Chernish, for the Cwlsbad Congregations of Jehovah’s Witnesses
Cc: Peter Curry, BRE
8
The City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
ItemNo. @
Application complete date: December I, 2001
P.C. AGENDA OF: March 6,2002 Project Planner: Van Lynch
Project Engineer: Jeremy Riddle
SUBJECT: PCD 01-05 - RANCHO CARRILLO VILLAGE T - Request for approval of a
Planning Commission Determination to allow Village T within the Rancho
Carrillo Master Plan, a community service facility site, to revert back to the
underlying Residential-Medium land use designation.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 5157,
APPROVING PCD 01-05, allowing the community service facility land use designation of
Rancho Carrillo Village T to revert to Residential-Medium General Plan designation.
11. INTRODUCTION
Village T of the Rancho Carrillo Master Plan is a 3.44-acre parcel located at the westerly edge of
the master plan on the northeasterly comer of El Fuerte and Rancho Pancho. The Rancho
Carrillo Master Plan specifies that if the Village T site is not utilized by a community service
facility within three years of grading of the right-of-way for El Fuerte Street or the collector
street (Rancho Pancho) adjacent to the site, then the site shall revert back to its underlying
designation of Residential-Medium.
111. PROJECT DESCRIPTION AND BACKGROUND
Village T is located within the boundaries of the Rancho Carrillo Master Plan, which was
approved by the City Council on October 21, 1997. The purpose of the Master Plan is to provide
for the orderly development of Rancho Carrillo, while preserving the environmental resources of
the area. Grading for the entire Master Plan area was approved under Hillside Development
Permit HDP 91-17. For planning purposes, the Rancho Carrillo Master Plan is divided into
Villages “A” - “T.” The Master Plan identifies the allowable type and intensity of land uses in
each village and provides general development and design standards, requirements, and the
method by which the Rancho Carrillo Master Plan will be implemented.
The project site has been previously graded into a large building pad as part of the Rancho
Carrillo mass grading and is therefore devoid of vegetation. The site is 3.44 acres in size (2.33
acres net) and is bounded by manufactured and landscaped slopes to the north and an open space
lot (portion of Open Space Area 12) to the east. Adjacent to the north is a storm water detention
basin that is part of the Bressi Ranch development. West of the site is future El Fuerte Street,
which is presently improved and terminates at the master plan boundary and Open Space area six
(OS-6). To the south is Rancho Pancho (street), which provides access to the southern portion of
the master plan consisting of Villages 0, Q, R, T, Open Space area nine (OS-9), and the
PCD 01-05 -RANCHO CARRILLO VILLAGE T
March 6,2002
Page 2
recreational vehicle (RV) storage area. The entrance to the RV storage area is directly south of,
and across the street from the entrance to Village T.
Although Village T carries the Residential-Medium General Plan land use designation (4-8 units
per acre), it has been designated as a community service facility site by the Rancho Carrillo
Master Plan. Pursuant to the master plan, if the site is not utilized by a community service
facility within three years of the grading of the right-of-way for El Fuerte Street or Rancho
Pancho, then the site shall revert back to its underlying designation of Residential-Medium. This
would allow the site to be developed with up to 19 residential units upon approval of a Planning
Commission Determination which shall be granted upon a showing by the applicant that they
have made good faith efforts to market this site to a community facility type of use during the
three-year period without any success.
Village T (Lot 103) was created by the Village Q subdivision (CT 93-04) approved by the
Planning Commission on January 4, 1995 and the final map was recorded with the San Diego
County Clerk’s office on March 31, 1998.
There are a variety of other master and specific plans that address community facilities. Below
is a summary of the plans and their community facility provision.
The Arroyo La Costa Master Plan has reserved, indefinitely, a 6.6-acre site (gross) for a
church (presently undeveloped).
The Aviara Master Plan planning area 32B, which is 6.7 gross acres, is currently being
developed by Daybreak for a churchldaycare site.
The Zone 20 Specific Plan identifies the need for community facilities and allows a
developer to reserve, for a period of five years, a site that .would be located near a park,
school, or other major public facility. For the reservation, the City would offer
development incentives for the provision of a community facility site. A Kindercare
facility (1.79 acres) has been constructed across from Poinsettia Park and Redeemer by
the Sea has received approval for a church facility (six acres net) at Poinsettia Lane and
Black Rail Road.
The Kelly Ranch has a daycare site reserved (one acre net) and also provides a visitor
center for the Agua Hedionda lagoon.
The Calavera Hills Master Plan was recently revised to include provisions for community
facilities. Village H has a provision for a two (2) acre site and Village Y (Residential
High Density) has a one (1) acre site available.
The Green Valley Master Plan does not have a provision for community facilities.
Poinsettia Properties specific plan (92 acres, exempt from required community facilities
requirement) allows a child care center within the commercialhetail component of the
specific plan.
PCD 01-05 - RANCHO CARRILLO VILLAGE T
March 6,2002
Page 3
The Villages of La Costa Master Plan provides two different sites with 6.85 and 6.4 net
' acres each.
Future master/specific plans, such as the Bressi Ranch and Robertson Ranch will be required to
provide community facilities in accordance with the new General Plan Land Use Element goals
and objectives and the Community Facilities Zone (21.25).
A request for approval of a Planning Commission Determination to allow this site to be
developed per its Residential Medium designation was considered by the Planning Commission
in September 2000. At that time the members of the Planning Commission believed that the
developer had not made a sufficient good faith effort to market the property. In addition, some
members of the Commission felt that the list of religious groups and other community facility
uses was not inclusive of all religious groups. At the suggestion of the Planning Commission,
Continental Residential, Inc. subsequently listed the site with a commercial real estate broker.
IV. ANALYSIS
The master developer of Rancho Carrillo, Continental Residential, Inc., contend that they have
made good faith efforts to market this site to a community facility type of use without any
success. Originally, two solicitation packages were mailed to various community service
organizations. The first was on November 23, 1998 to 595 organizations. These were primarily
religious organizations. The second package was sent out on June 30, 1999 to 215 organizations.
These organizations were various community groups, charitable services, and senior groups. In
both cases the subject property was advertised for a half-million dollars ($500,000.00). An
appraisal of the property has been provided which verifies the market value of the property is
valid.
Since the previous Planning Commission meeting in September 2000, Continental Residential,
Inc. has put forth a continuing effort to market this property to churches (inclusive to all religious
groups) and other community facility types of uses. In January 2001, Lee & Associates, a
commercial real estate broker, was retained to perform marketing services for Continental
Residential, Inc. Over 500 e-mails (7 of the e-mail addresses were used by multiple individuals)
were sent to all major brokers in San Diego County. In addition to the e-mails sent, hard copies
via U.S. Mail as well as faxes were sent to each brokerage house and individual regional brokers
(see attached list). Furthermore, a brochure mailing was sent directly to 857 community service
businesses and groups applicable to the community facility zoning for the parcel.
Businesses that were listed as acceptable uses for the property were selected by eight digit
Standard Industrial Classification/SIC code. Several examples where the recipient of the mailer
may not apply were included, however, rather than risk missing some important subsets of
groups by not including SIC codes, Lee & Associates felt confident that the majority of uses
allowed were covered in the mailer. The areas targeted were the immediate North County area
and went south into Rancho Bemardo, Poway, and La Jolla. The attached list shows numbers by
SIC code as well as a list of businesses that were mailed a marketing brochure. As shown by the
attached list, it is inclusive of all religious groups. In addition to the e-mails/faxes/mailings to
brokers and direct brochure mailings to 857 businesses (including individuaVfamily services,
civic/social associations, and religious organizations), followup phone calls were made to
targeted businesses.
PCD 01-05 - RANCHO CARRILLO VILLAGE T
March 6,2002
Page 4
Despite having implemented this intensive marketing strategy, Lee & Associates had received a
total of three phone calls regarding this property with no subsequent interest. In the attached
April 4, 2001 letter, Lee & Associates explains that due to the lack of interest in this site they
were terminating the listing agreement with Continental Residential, Inc. Since that time
Continental Residential, Inc. has maintained monthly contact with their broker and have received
only one offer that was unacceptable.
The property is located in the southwestern portion of the Master Plan area. The site is low in
the valley, adjacent and south of the detention basins in the Bressi Ranch. Natural open space
separates the property from the surrounding developed residential single-family homes. The
nearest home is approximately 1,200 feet to the south. Being low in the valley, the site is visible
from homes to the south as is the RV storage facility. In this respect, the site developed as a
community service facility or residential use would be compatible since there is no future or
existing use that would conflict with the proposed use. The net developable area of the project
site, 2.33-acres, is relatively small to accommodate a church or other use that has large
assemblages of people. The site is triangular in form, which is difficult to develop efficiently.
There are church sites within Carlsbad that have developed on lots with a similar size.
The Rancho Carrillo Master Plan does provide for a community recreation and daycare facility
located within Open Space Area 11, which is located northwest of Carrillo Way and Melrose
Drive. The daycare facility is 8,350 square feet with 15,497 square feet of play area on 1.3 acres
of land. The recreation facility, consisting of meeting room, bathhouse and pool, is constructed
and the Planning Comission recently approved the childcare facility. These facilities are closer
to the geographic center of the master plan than Village T. The total net area of community
facilities provided by the Rancho Carrillo Master Plan is 3.6 acres
The adjacent master plan developments of La Costa Greens, La Costa Oaks, and Bressi Ranch all
propose community facilities. La Costa Greens proposes a childcare facility adjacent to El
Camino Real at Camino Vida Roble. La Costa Oaks provides a location along Rancho Santa Fe
Road south of Questhaven Road. Bressi Ranch proposes a 13.6-acre community facilities site on
El Fuerte, across the valley from Village T. Separation of the two would be about 2,500 feet.
There is an existing church site at Alga Road and El Fuerte (St. Elizabeth Seton), which is south
of Village T.
The City briefly considered the site as a possible alternative for a fire station. Because the site is
low in the valley, fire trucks would need to climb hills and the response times to provide service
would be longer than acceptable.
In conclusion, the Rancho Carrillo Master Plan allows for the reversion of the community
facility site to the underlying Residential-Medium General Plan land use designation with the
developer showing a good faith effort to market the property as a community facilities site. The
developer has provided information to show that the effort to market the property was done and
now wishes to utilize the option to allow the reversion as written in the master plan.
PCD 01-05 - RANCHO CARRILL0 VILLAGE T
March 6,2002
Page 5
V. ENVIRONMENTAL REVIEW
The proposed modification does not affect the previous environmental determinations. The
potential impacts of the previously approved actions were already evaluated in the EIR for the
Rancho Carrillo Master Plan (EIR 94-01) and the 1994 General Plan update (MEIR 93-01). NO
Public Resource Code 21081 findings are required.
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Planning Commission Resolution No. 5157 (PCD)
Location Map
Disclosure Statement
Minutes from September 20, 2000 Planning Commission Meeting (PCD 00-02 Rancho
Canillo Village T)
Exhibit “A” - Excerpts of Rancho Carrillo Master Plan
Exhibit “B” - Excerpt of General Plan Land Use Element
Exhibit “C” - Comparable sales report, dated May 1,2001
Exhibit “D - Letter dated April 4,2001
Exhibit “E” - Letter/solicitation package dated January 16,2001
Exhibit “F” - Letter to Planning Commission dated September 11,2000
Exhibit “G’ - Solicitation package dated June 30, 1999
Exhibit “H - Solicitation package dated November 23, 1998
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DISCLOSURE STATEMENT
Applicant's statement or disclosure of cenain ownership interests on all applications which will require
discretionar) action on the part of the City council or any appointed Board, Commission or Committee.
The following information MUST be disclosed at the time of application submiual. Your project cannot
be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-parmership, joint venture. association, social club, fraternal
organization, corporation, estate, mst. receiver, syndicate, in this and any other county, city and counry, city
municipaliry, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of rhe applicant and propeny owner must be
provided below.
1. APPLIC.GT (Xot the applicant's agent)
Provide the CO3IPLETE. LEGAL names and addresses of persons having a financial
interest in the application. If the applicant includes a comoration or oannershio, include the
names, title, addresses of all individuals owning more than 10% of the shares. IF NO
h'DIVIDUALS OWN h,lORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
APPLICABLE @VIA) N THE SPACE BELOW If a publiclv-owned comoration. include the
names, titles, and addresses of the corporate officers. (A separate page may be anached if
necessary.)
Person NIA CorpiPan
Title Title
Address Address
2. OW'KER (Not the ou ner's agent)
Provide the COMPLETE. LEGAL names and addresses of persons having any ovxership
interest in the property involved. Also, provide the nature of the legal ownership (it,
partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a
than 10% of the shares. IF NO INDIVIDUALS ONN hlORE THAN 10% OF THE SH-ZRES,
comoration or Dartnershiu, include the names, title, addresses of all individuals o\\ning more
PLEASE INDICATE NON-APPLICABLE WiA) IN THE SPACE BELOW. If a p&!j,&-
owned cornoration. include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person CorpiPart Continental Residential. Inc.
Title Title
Address Address 2237 Faradav Ave.. Suite 100
Carlsbad. CA 9200s
3, NOS-PROFIT 0RGASIZ.ATIOS OR TRUST
If an) person identified pursumt to (1) or (1) abo\e is II nonorofit cmmizxion or 3 trust. list the
names and addresses of person sen,ing as an o;iicer or director of the non-profit
organization or as trus1es or beneficiary of tile.
h'on ProfitiTrust h'on ProEr'Trust
Title Title
Address Address
1. Have you had more than SljO won11 of business transacted with any member of City staff,
Boards, Commissions, Comminees and/or Council within the past nvelve (I 2) months?
Yes I>QNo Ifyes, please indicate person(s):
IiOTE: .Anach additional Sheets if neces~ar\..
I certify that all the above information is true and correct to the best of my kno\vledze
Print or t!pe name of onner Print or rvpe name of applicant
Signature of o\vneriapplicant's agent if applic~blr!dats
Print or ype name of o\vner.'applicant's azent
PLANNING COMMlSSlOh September 20,2000 Page 2
3. CUP 217NA)XZ - TYLER COURT SENIOR APARTMENTS - Request for an extension of CUP 217(A) to allow the continued operation of a 75 unit senior residential apartment
project located at 3363 Tyler Street in Local Facilities Management Zone 1
MOTION:
ACTION: Motion by Commissioner Segall, and duly seconded, that the Planning
Commission adopt, Planning Commission Resolution No. 4829, approving an
extension of CUP 217(A) x2 based upon the findings and subject to the
conditions contained therein.
VOTE: 7-0-0 AYES: Compas. Heineman. Nielsen. Trigas. L'Heureux. Baker, Segall
ABSTAIN:
NOES: None
None
Assistant Planning Director, Gary Wayne announced that the Commission's action on agenda item #3 is
final unless appealed to the City Council within 10 days.
Chairperson Compas closed the Public Hearing,
CONTINUED PUBLIC HEARING:
I. PCD 0002 RANCHO CARRILLO VILLAGE T - Request for approval of a Planning
community service facility site, to revert back to the underlying Residential-Medium land
Commission Determination to allow Village T within the Rancho Carrillo Master Plan, a
us designation.
Gary Wayne, Assistant Planning Director stated that agenda item #I was a Continued Public Hearing that
is a Planning Commission Determination regarding Rancho Carrillo Village T.
Van Lynch stated that Village T was designated in the Master Pian as a community facility site and is
Indicating the location of the project as Area #I on an overhead slide presentation, Associate Planner,
referenced on page 10 of the staff report. The land use designation for the site is R-M. Residential-
Medium density, and is zoned R-D-M. through the Master Plan. The Master Plan also reviewed the site
for residential and allowed up to 19 units for the property.
Continuing, Mr. Lynch reported that provisions in the Master Plan include an allowance for this site to
revert back to a residential use, in the event the site is not sold or needed for a community facility Site,
after a three-year period, this is referenced on pages 18.21 and 177 of the Master Plan.
The applicant, Continental Homes, has attempted to market the site via mailing packages. The first
mailing package was to groups of churches. After consultation with staff, the second mailing was to
community facility services. Mr. Lynch stated that copies of the mailing labels were included in the staff
report. Referring to the Community Facilities Exhibit, he reported that the Master Plan allowed for Area
#1 Village T, the community facilities site, Area #2 RV storage, Area #3 elementary school, Area #4 city
park and Area #5 children's daycare facility that is also a community center meeting hall and pool area.
In conclusion, Mr. Lynch stated that staff was recommending approval of the resolution.
Chairperson Compas asked if there were questions of staff
Commissioner Baker asked how many housing units were planned for Carrillo Ranch
Mr. Lynch replied 1.680.
Commissioner Baker asked how the additional 19 units were compensated for in the original plan.
Mr. Lynch explained that the EIR and the Master Plan addressed the village being a community site or a
residential site. The traffic impacts, public facilities were reviewed to accommodate either a community
PLANNING COMMlSSlOh September 20,2000 Page I
accommodate either a community site or a residential site.
site or a residential site; everything except the affordable housing provisions was reviewed to
Commissioner Baker asked if the day care center and the neighborhood recreation facility were orlginally
planned as community service sites.
Mr. Lynch replied yes, through the Master Plan
As there were no additional questions of staff, Chairperson Compas asked the applicant to come forward.
Mike Howes, Hofman Planning Associates, 5900 Pasteur Court, Suite 100, Carlsbad. CA 92008. supports
staffs recommendation of approval. When the Master Plan was prepared in 1992 and approved in 1993.
the applicant, staff, Planning Commission. City Council believed a 2-acre site was sufficient. The General
Plan requires community facilities in Master Plans, but it does not establish an acreage figure. Continental financed the construction of Melrose Drive, which is a 6-lane prime arterial through the Master
Plan, even though the site contributes less that 20% of the traffic on Melrose Drive. No financial
assistance was received from the City, State or Federal sources to construct the road. In addition, the
Local Facilities Management Plan Zone 18 for Rancho Carrillo area only required 5.7 net acres of
parkland; Continental has dedicated 9.4 net acres with a total acreage of 16.4 acres. Regarding open
space, the PC Zone, which the site was developed under,. only requires 103-acres of open space;
trails, even though the City does not have a maintenance or liability entity. The intent of the Master Plan
Continental dedicated 252-acres. Continental has provided several miles of citywide and Master Plan
was that the site be made available for purchase for a period of three years at fair market value;
Continental has complied with this, made a good faith effort. but has not received any offers for the site.
Mr. Howes declared that it was never the intent of the Master Plan that this site be an additional exaction
from the developers. Continental is asking to be treated fairly, per the text of the approved Master Plan.
The Master Plan was approved for the development of 1800 units, but has been developed with
approximately 1600 units, which is substantially below what was approved. There are more than
adequate facilities in the Master Plan to handle the 19 additional units.
Greg Hastings. Division President, Continental Homes, 2237 Faraday, Suite 100, Carlsbad. CA 92008,
the effort that has gone into selling the church site has been far more extensive than what was necessary
to sell the residential portion. Due to the location of the site and the fact that there is no through traffic on
Poinsettia and El Fuerte, the commercial brokers route of selling the property was rejected because
technique would be most effective and KM Lists, Inc., direct mailing company, was used. 595 names
brokers rely on signage on a prime arterial that has 20,000 ADT. It was determined that a direct mailing
were selected for the first mailing; Mr. Hastings made follow-up calls. 595 contacts were attempted
great deal of response or callbacks. Five church organizations expressed some interest. Afler looking at
November 1998 and 215 contacts in June 1999. He advised the Commission that he did not receive a
the site, all of the organizations stated that they were looking for a grander, larger, site because they were
presently on a 2-acre site. The need for adequate parking for church events was of the utmost
and it was voiced that the site did not lend itself to the aforementioned. The second mailing to community
importance. as well as the need for extended hours of operation to accommodate various church activities
services rendered the same lack of response and interest. Recently the Boys and Girls Club of Carlsbad expressed an interest in the site, but later withdrew their offer of interest.
Commissioner Nielson wanted to know the fair market price for the site.
Directing the Commissioners to the staff report and analysis from a commercial broker, Mr. Hastings
stated $5.75 a square foot.
Commissioner Segall asked how the site compared to La Costa Village, which is 6.4 acres, 4.5 useable
for $600,000.
the asking price before any negotiations.
Mr. Hastings stated that the La Cqsta Village price was a close of escrow price. $5.75 a square foot was
Referring to the mailing list, Commissioner Segall stated that there were duplicate pages and names, which resulted in 403 names. He also questioned why no Jewish Synagogues or Temples were on the
list.
PLANNING COMMlSSlOl September 20,2000 Page 4
Mr. Hastings stated that no deletions were made, nor were parameters put upon the search. He had no
definitive answer as to why no Jewish Synagogues or Temples were on the list.
Commissioner Trigas asked why the date of the last contact or mailing was June 1999 and questtoned
why no efforts have been made to contact prospective buyers recently.
Due to the frustrating experience, Mr. Hastings did not believe contacting another 400 churches or 200
community facilities via mail and follow-up calls would render a different result.
Referring to Page 177 of the Master Plan and letters that states that the site is 2-acres. Commissioner
gross acreage of 4.5 and the net developable 3.2 acreage.
Baker noted that there is a discrepancy in the acreage and requested clarification regarding Village T
that the acreage was determined at the time of the Master Plan. Detailed grading and tentative maps
Mr. Howes advised the Commission that he was not involved in drawing the detailed maps, but declared
acreage is changed due to scale. 3.2 is the net acreage; 2-acres is the net pad.
Dave Lother. Continental Homes, stated that net useable acreage in the Master Plan uses different
criteria to calculate acreage.
Commissioner L'Heureux asked what other entities would be surrounding the site.
Mr. Howes stated that to the right of #2 was housing, the rest of the area is open space
Chairperson Compas asked if there were additional questions of the applicant, seeing none he opened
public testimony. As there was no one wishing to speak on this agenda item, he closed public testimony
and asked the applicant if he wished to respond to or clarify any points.
Mr. Howes reopened the issue regarding the number of mailing labels, stating that he did not personally
count them and it was not their intent to mislead the Commission regarding the number of mailings.
Chairperson Compas asked if there were questions of staff. Seeing none he opened Commission discuss
and called for a motion.
ACTION: Motion by Commissioner Nielsen. and duly seconded, that the Planning
00-02, allowing the community service facility land use designation of Rancho
Commission adopt Planning Commission Resolution No. 4823 approving PCD
Carrillo Village T to revert to Residential-Medium General Plan designation.
DISCUSSION:
Although, Commissioner Segall commended Continental Homes for providing their fair share of public and
community facilities, e.g. Melrose extension, parkland, open space, schools and trails, he could not make a finding that a good faith effort was put forth to secure a buyer for the property. He referred to the
inconsistency of the number of individuals called on the first list, 594 versus 403 and noted that the
mailing list was not inclusive of all religious groups. He was unable to compare this site with La Costa
Village as it relates to the price and acreage issue. Commissioner Segall declared that he would vote
against the agenda item # 1.
Affirming that he has been in the area twenty-five years, Commissioner Nielsen mentioned that there is always a need for church properties: there is no surplus. Concurring with Commissioner Segall.
Commissioner Nielsen announced that he could not support the project.
Commissioner L' Heureux concurred
Commissioner Trigas stated that a year and three months of not soliciting potential buyers did not show
itself to be a good faith effort in attempting to sell the property.
Committee Heineman concurred
PLANNING COMMISSIOI. September 20,2000 Page 5
CORRECTED
Chairperson Compas asked if there was further discussion. Seeing none he called for a vote
VOTE ON MOTION:
VOTE: AYES:
NOES:
- None
Nwe Compas, Heineman. Nielsen. Trigas. L'Heureux, Baker, Segall
ABSTAIN: None
BBZ 0-7-0
Chairperson Compas closed the public hearing
CONTINUED PUBLIC HEARING:
2. ZCA 99-091LCPA 00-02 - SIGN ORDINANCE AMENDMENT - A Zone Code Amend-
ment and Local Coastal Program Amendment to amend the City's Sign Ordinance
(Chapter 21.41 of the Carlsbad Municipal Codb) to: (1) add a Purpose and Intent Section; (2) addlrevise sign related definitions; and (3) create clear and comprehensive sign
standards for the City's C-M. M and P-M zones.
Principal Planner, Chris DeCerbo presented agenda item #2 as follows: The City's existing sign
ordinance does not include detailed sign regulations for uses within the C-M. M and P-M zones. Sign
standards for proposed industrial, office and commercial uses within these zones have historically been
regulated by planned industrial business-park Specific Plan sign provisions. Many of the sign provisions
of these specific plans (which were written in the late 1970s and early 1980's) are out of date, somewhat
unclear and in need of revision.
Accordingly, in July of 1999, the Carlsbad City Council directed staff to amend the City's Sign Ordinance
to incorporate updated, clear and comprehensive sign standards for the City's ofticelindustrial zones (ie.
C-M, M and P-M zones). With respect to this undertaking, the City Council directed staff to meet with the
non-residential development community to get input on the proposed sign standards. They also directed
staff to, in as much as possible, maintain the existing sign standards (especially regarding number of
permitted wall signs and sign area) that are in effect today.
Over the past 12 months, staff has worked with a representative team of officelindustrial
ownersldevelopen within the City to develop the proposed sign ordinance revisions. The proposed sign
standard modifications are also based upon the review of sign standards of other jurisdictions.
Associated with these ordinance revisions, are proposed sign ordinance amendments to: (1) add a
Purpose and Intent Section to the Sign Ordinance to clarify the City Council's objectives in enacting the
sign ordinance and (2) addlrevise sign related definitions to clarify the sign ordinance.
As compared to the existing sign regulations, the new sign regulations will result in the following changes.
D Purpose and Intent
The existing sign ordinance does not include a clearly stated Purpose and Intent for
regulating signage. Recent California and Federal appellate court and US Supreme Court
decisions, state that a City's interest in sign regulation should be expressly stated in its
ordinance. Legitimate, compelling government interests for a sign ordinance include traffic
safety and aesthetics. Accordingly, the Sign Ordinance has been amended to incorporate a
new Purpose and Intent Section.
This new section specifies that the primary objectives of the proposed sign ordinance are to
protect and improve pedestrian and vehicular traffic safety and to preserve and enhance the
aesthetic environment of Carlsbad, while providing adequate channels of communication to
the public.
The daycare center will be provided within Open space Area 11 adjacent to thepark sire.
This location will take advantage of the passive recreational opportunities withm the park
and open space areas, as well as being centrally located within the Master Plan area for
easy access.
A potential school site (Village S) will be offered to the San Marcos Unified School
Disrrjct per the requirements of the Zone 18 LFMP. The site is contiguous with the
Rancho Carrillo Park Site and within the Open Space Corridor as shown on Exhibit 4. The
school site is adjacent to the park site and open space network and in close proximity to
adjacent residential development.
Village T, a 3.2 net acre site, will be provided as a community facilities site. This site
could be utilized by a church, Boys and Girls Club or other community facility. As shown
on Exhibit 4, the site is located adjacent to El Fuerte and contiguous with the open space
system on the western boundary of the Master Plan area.
Location of the community facilities within the central open space corridor will strengthen
the area's sense of place. The central location provides for visual prominence, easy access
and connection by pedestrian trail.
C. MASTER APPLICATIONS
The following applications are being processed concurrently with this Master Plan:
1. General Plan Amendment to revise land use designations within the Master Plan
area to reflect existing topography or constraints based on up-to-date surveys and
current city codes for this site, and a single ownership of the entire Master Plan
area. The proposed revision will have two main results: 1) Changing open space
boundaries to result in larger, more contiguous open space areas that protect the
more valuable biological resources on the site and 2) provide a greater variety of
residential dwelling units to address all segments of the market to include
affordable housing.
2. Master Plan Amendment to the existing Rancho Carrillo Master Plan to revise land
uses within the Master Plan.
D. MASTER PLAN GOALS
The Rancho Carrillo Master Plan has been developed based on the following goals. All
development within the Master Plan shall conform to these goals:
10
a0
acreage is contiguous with the existing Rancho Carrillo Park Site and exceeds the Zone
18 - LFMP requirement. It is anticipated that the park site will be predominantly
passive, however, final site design will be determined by the City of Carlsbad's Park and
Recreation Department.
5. COMMUNITY FACILITIES
Within the residential and open space land uses, land is reserved for a community
service facility and daycare center. The location and description of each of these
facilities is provided below and are shown on Exhibit 7.
a. Communitv Service Nillaee T)
A 3.2 net acre site is reserved for a Community Service in Village T
located near the southwest boundary of the Master Plan area. The site will
be available for a period of three years following the commencement of the
grading for El Fuerte Street or the collector street adjacent to this site. At
that time, the site will revert to the underlying General Plan land use of RM
for a potential of 19 dwellig units subject to approval of a Planning
Commission Determination which shall be granted upon a showing by the
applicant that they have made good faith efforts to market the site to a
community facility type of use during the three year period without any
success.
b. Davcare Center
A daycare center in conjunction with a common recreation center will be
provided in Open Space Area 11 adjacent to the Carrillo Ranch Park site.
18
Approval of these villages above their growth conuol point is acceptable because
the maximum number of units allowed by the Master Plan, 1816, is below the 3-091
residential units allocated to Zone 18 by its approved Local Facilities Manasement
Plan.
The maximum development potential permitted by this Master Plan is shown on
Exhibit 5. Unless a Master Plan Amendment is processed. the development
allocation shown shall not be changed except for the following circumstances:
a. Residential dwelling units in a village may be increased up to 10 percent
provided that there is a concurrent reduction in the number of dwelling
units permitted in another village in a corresponding amount, and further
provided the total maximum number of dwelling units shall not be
increased, or
b. Upon determination by the San Marcos Unified School District that the
elementary school site is not needed or at the end of three years from
approval of this Master Plan (This period may be extended in one year
increments subject to the approval of the Planning Director and School
District) and the City does not exercise it's right of first refusal to purchase
the site within a 90 day period if it is not acquired by the district, Village
S will be allowed to develop to the maximum number of dwelling units
allowed under growth management, or
c. Upon determination that the Community Facilities site, Village T, is not
needed or at the end of three years following the date of approval of the
tentative map for this parcel, Village T will be allowed to develop to the
maximum number of dwelling units allowed under growth management, or
d. Density bonuses for affordable housing as allowed per Program 3.7a of the
Ciry of Carlsbad Housing Element.
2. DWELLING UNIT TRANSFER
A dwelling unit transfer may be allowed within a quadrant pursuant to the Growth
Management Ordinance (Title 21.90 of the Carlsbad Municipal Code). Dwelling
units may be transferred from one property within the Rancho Carrillo Master Plan
to another property within the Master Plan or within the Southwest Quadrant as
long as the overall unit count in the quadrant is not exceeded and adequate public
facilities are provided concurrent with the need created by the transfer of the units.
Any transfer of density shall be analyzed as part of the discretionary action
proposing the transfer. This review shall determine if the proposed transfer is in
21
20. VILLAGE T
a. PescriDtion
Village T is located east of El Fuem between Open Space Areas 12, 9 &
6. Village T has a gross area of 4.5 acres and a net developable area of 3.2
acres. This village has been designated as a community service facilities
site.
b. Use Allocation ..
Although this site carries the Rh4 General Plan Land Use Designation (4-8
du/ac), it has been designated as a community service facility site by the
Rancho Carrillo Master Plan. If this site is not utilized by a community
service facility within 3 years of grading of the right-of-way for El Fuerte
Street or the collector street adjacent to this site, then the site shall revert
back to its underlying designation of RM. This would allow this site to be
developed with 19 residential units upon approval of a Planning
Commission Determination which shall be granted upon a showing by the
applicant that they have made good faith efforts to market this site to a
community facility type of use during the three year period without any
success.
C. SDecial Design Criteria
All community-wide design standards described in the Community
Development Standards section of this Master Plan shall be implemented in
this planning area. The following specific guidelines shall be included in
this planning area:
0 Prior to development of this site other than the Phase 1 grading, a
Site Development Plan must be approved by the Planning
Commission.
Village T should attempt to take advantage of views into the valley
open space to the north and northeast.
0 The Community Service Facilities shall produce a positive landmark
building within the plans overall architectural theme.
177
Note: Fence ad wall signs are shown on Erhibit 22823
EXHBIT ”B
C.9 Cmpcratc with othcr jurisdictions to CIIGU~
the timcly provision of solid WMC marragancnt and
“capaclry.
C.10 h4aaagc the disposal or recycling of solid
WaneandscWagcwithintheCity.
c.11 CoopaatcwithDthcrcitiesintheregionto
site and ope& both ladfill and recycling facilites.
c. 12 cominuc to phase in all practical forms of
mandatory recycling, to the cxtcnt possible.
RESIDENTIAL
A. GOAL
A City which provides for a variety of housing
~anddensityrangestomatthediverJceconomicand
social requirm~~~ts of residents, yet still ensures a cohe-
sive urbao form with &l regard for wmpatiblllty
while milling the present pruiominance of single Eunily
residences.
B. OBJECTIVES
B.l To achieve a variety of safe, amactive
housing in all economic ranges throughout the City.
B.2 To preserve the ncighbohd atmosphere
and identity of existing residential -.
B.3 To o&r safe, attractive residential as
with a wide range of housing types, styles and price lmls
in a variety of locations.
B.4 To ensure that new master planncd wnunu-
nities and residmtial spccitic ph conmbutc to a bal-
anced community by prowdug,
such as sites for worship, daycart, youth and senior
citlren activities, ctc.
.. within the develop^
adequate to Ill05 some Jociavhuman mce llccds
C. IMPLEMENTING POLICIES AND
ACTION PROGRAMS
C.l Eacouragcthcprovisionoflowandmodcr-
atc incomc dwc- units to mat the objectives of the
City‘s Housing Element.
C.2 Mow density increases, above the maxi-
mum residentid densities permitted by the Gmcral Plan,
to mable thc development of lmr-inwme aEordable
housing, through the processing of a site dcnlopment
plan. Any sitc dmlopmcnt plan application request to
increase residmtial densities (either above the Growth
Management Conaol Point or upper md ofthe residential
densityrange(s)), for purports ofproviding lmr-income
affordable housing, shall be cvaluatcd relative to: (a) the
pruposal’s compatibility with adjacent land uses; @) thc
adequacy ofpublic facilities; and (c) the project site being
1ocatcdinproximitytoaminimumofoneofthefoUowing:
a hesay or major roadway, a commercial center, cm-
ploymcnt opportunities, a City park or open space, or a
commuter rail or bansit center.
C.3 Consider density and development right
tnnsfas in instances when a property owner is preserv-
ing opcn space in excess of nod city requirements.
C.4 Limit medium and higher density residential
deveiopmcnts to those areas when they arc compatible
with thc adjacent land uses, and where adequate and
tans such as streets, parking, parks, schools and utilities
dent wmmcrcial scrvices and public support sys-
arc, or will be, adequate to serve than.
C.5 Laate multi-family uses near commercial
centers, cmploymcnt centers, and major transportation
corridors.
C.6 Encourage cluncr-typc housing and other
irrnoMtivc housing design that provides adequate open
~~aroundmulti-familydcvclopments,c~pccially
W+ICII locatcd adjacent to commercial or industrial de-
velopment.
Page 30
C.l Locate higher dauity residanialues in
close proximity to opcn space, wmmunity facilities, and
other &tics.
C.8 Concider hi& and medium hi& dcnuty
residential areas only whcrc austing or proposcd public
facities cdn accmnmodatc the incrcapcd population.
C.9 Cwrdinatc provision of peripheral open
areas in adjoining residanial developments to maximize
the~toftheopenspace.
C.10 Encoungeavari~ofresidcntialrrccom-
modationsandamcniticsinconnmmialareastoinneaJc
the advantages of ‘%lose in” ti* and convalient shop-
Piag.
c.11 Rqlire new residmtial development to
which connect with ncarby wmm* ccotrrs, parks,
provide pedestrian and bicycle hkagcs, when feasible,
schools, points of interest, major transporration comb
and the proposed Carlsbad Trail Systan.
c.12 RequircnewmastcrplarmeddevelOpments
and residential spcci6c plans of over 100 BCICS to provide usable acres to be dcsigna!cd for cmunudy ficilitia
such as daycan, worship, andseniorcitizcnactivi-
future amendment to the Pknncd community zonc.
C.13 Introduce propam to revitah all resi-
dential areas which arr dctcrioratiag or haw a higb
potential of becoming daeriorated.
(2.14 Ensure that all billside development is
designed to pmmc the visual quality of thc preexisting
topography.
C.15 Consider residential development, which houses mployces of businesses located in the PM Zone,
whmitcdnbedesi~tobeacompatiblcuseasan
integral part of an industrial park.
COMMERCIAL
A GOALS
A.2 A City which provides for the development
of Compatible, conveniently located neighborhood shop-
ping ccntcrs.
A.3 A City which promotes cumomic develop-
mcnt Jcratcgies, for commercial, industrial, office and
tourirt.orimted land UJCS.
A.4 A City which promotes rccrcatid and
tourist orimtcd land uses which serve visitors, employees
ofthc hdumial and business centers, as well as residents
of thc uty.
B. OBJECTIVES
B.l Tolimittheamountofnnvconnncrciallaad
w dcsigna!ions to that which can ftasibly be supported
bythecumntgrowthnteofthetradeareaandtheCity,
andtothwwhichanconsistcntwiththeprimeconccpt
and imagc of the community as a desirable residential,
open space wmmunity.
B.2 To ensure that all residential areas arc
adequately served by commercial areas in tams of daily
shopping n&ds which include convcnicncc goods, food,
and personal services.
B.3 T~cstablishandmaintaincnnmcrciald~~~l- opment standards to address landscaping, parking. signs,
andsitcandbuildingdcsi~tocnsurethatallcxistingand
future commrrcial developments an compatible with
surrounding land uses.
Page 3 1
A7
EXHBlT "C
COMPS. he.
Sm Oregc. CA 92131.7642
8715 Businesspsrk Aw
Phone: 8W37-7400 Fax: 85W837-7309 r- Church Sib
P Black Rail Rd,W Ambrosia Ln
I C
Redeemer Bv The Sea Lutheran Church
Carlstad, CA 92009-2604 I -
(760)431-8990 I
Redeemer by the Sea Lutheran Church Stephen Lamence (Pres) 6355 Code Del Abeh Ste. 100 Carlsbad. CA 92000
SELLER (519)4834140
Theresa K Spsncer (et ai) Kaiser 8 Associate 4060 Morena Blvd Ste. C
San Diego. CA 921 17
I L
Land Area Oms Acreage Net Aerea!Je
ACrSS 10.110
Priw/ACre $217,606
SqFl 440.392
PridSqFt $5.00 I I Lot Oimenshms
Irregular ! I,
:ommereial Land 12.200.000 ConRmnd iDG3683504-WZO Area Carlsbad
Map 1127-c14 'awl# 215-08(1-22
Photo N/AP, Land Sale
I
Ita1 Data
Recording Date March 13,2000
EserowAJnder Contract 180 daya
Daya on Market I80
Exchange N/Av
Condltlonr
DofMTRnr Tax
None
126353 ( $2.420.00 Full )
SalePrlce .
Dawn Payment
52,200,000 Confirmed
$91.780 4%
Loan Data 1st Luthern Church Extension Fund
$2,108.220 VIR.7.625%
Zoning PC, Carlsbad
TopoClraphY Level Mhlter All to site
Structures
Land Imprwements Raw land
One farm building
Frontage 281' Black Rail Rd
Intended Uso t
To construct a church !
Listing Broker Selllng Broker
Seller Is broker - repruenkd self Dyson h Dyson Real Estate Bwer Contact
437 Hwy. 101 Ste.101 Solana Beach, CA 82075
Paswr Roben Medcnald (760) 753-2246 I
i
Michael Kassinger
Traffic Fmnt NlAv
Traffic Slde N/Ap
(858)7550500 Addltlonal Contacts
I
I
E 'd I120 'ON
Church Site
Azuaga VI of Cmto Ckra
San Diego, CA 92129-4059
BUYER (619)576-6910
raiwnsse hmeran church San Diego Metm Properties - KenneLh Wang $433 Canmy St Sle. H
San Diego, CA 92111
SELLER (619p96-ZOO0
$an Diego Gas 8 Elwlric Company Steven D Davis (V.P.)
"_
IO1 jan t? , ego. st CA 91101
LeQal Par 2 PM 14640
Land Area Gross Acreage
Acres 3.780
Plice/ACre $246.032
SqFt 164.657
Price/SqFI $5.65
Lot Dlrnenslons
Irregular
lntanded Use
TO WnstNd a church
jating Broker v60)929-2000 Selllng
ohn Burnham- Onmr International Great R
:adsbad. CA 92008 901 Camino Vida Roble Sle 120 San Die 1516W
'erfy Jackaon Sam WI
ne: 858/831-?4~W Fan: BS8/831-7309
:omrnercial Land iDC34529-WW20
'arc611 31557045 [r RCh EcrnardolRch PEflaSQUltOS
1189-F/4
Confirmed
I
I
rital Data
Reeordlng Data
EscrowNnder
Days on Market
Exchange
Conditions
Dofirans Tax ( Non Disclosure )
Sale Price
Down Payment 930.000 100%
Ccnfirmed
Loan Data Not Applicable: all cash sale.
I'
Zoning
Topography omnes
Shctunu
Land lrnpmvernents
Frontapo Azuaga st (Est)
Traffic Front /AV
TntRc Slds turn
(619)22P6888 I Addltlonal Contacts
IState
X 92101
wod St #ZOO
I
h Map 'llBBF14 Lgal Par 2 PM 14640
Camp# SDC34529060020
Thls Ale map !a dariwd ham vicinny.mm. No opinion itl orpd mnm
The selling broker reporred the land sold with nl
G 'd I110 'ON 3ossv
Title Co. Stewart TtUe
soil contamination.
EXHBIT "D
IA Lee tL Associates
COMMERCIAL REAL ESTATE SERVICES
April 4,2001
Greg Hastings
Continental Homes
2237 Faraday Ave, Ste 100
Carlsbad CA 92008
Re: Pointsettia and El Fuerte
Dear Greg:
Per my phone conversation with you, we are respectfully exercising our right to terminate
the listing agreement with you. While we have implemented every marketing strategy
that we had set forth to you in our listing presentation (see attached summary of the
marketing efforts) and our marketing report sent to you in January, we have received a
total of three phone calls with no subsequent interest.
While we appreciate the opportunity to work with you and your company, unfortunately
we feel that the limitations of this property (ie. Size, location and zoning restrictions) do
not warrant further time and energy and expense on our part.
We look forward to working with you on future opportunities and appreciate your
understanding on our position for the above-referenced property.
Sincerely,
Lee & Associates
Commercial Real Estate Services eW$ Principal
Attachments
201 1 Poiomor Alrport Road, Suite 102, Carlsbad. CA 92009 / Office: 7601929-9700 I Fox: 7601929-9977
Lee & Associates - Carisbad. Inc. A Member of the Lee &Associates Group of Companies
33
EXHIBIT “E“
IA Lee &
Associates
COMMERCIAL REAL ESTATE SERVICES
January 16,2001
Greg Hastings
Continental Homes
2237 Faraday Ave, Ste 100
Carlsbad CA 92008
Re: Pointsettia and El Fuerte
Dear Greg:
Per our phone conversation, please find enclosed the marketing activity that we have set
forth:
Section 1. Example of our marketing brochure. Please let us know if you’d like any
changes made to the brochure.
Section 2. Email & blast fax and broker mailer (via U.S. Mail) to all major brokers
in San Diego County. Enclosed is a list of the emails that were sent (and will be sent
once a month) to the major broker houses. In a addition, we have blast faxed (and will
blast fax once a month) to each broker house as well as to some individual regional
brokers.
Section 3. Mailer directly to businesses and groups applicable to the zoning for this
parcel. We went through Dunn & Bradstreet Marketplace and picked out (by eight digit
SIC code) those businesses that were,listed as acceptable uses for the property. As you
can see, there are several examples where the recipient of this mailer may not apply, but
rather than risk missing some important subsets of groups by NOT including SIC codes
where not ALL businesses applied, we’ve left in labels for some businesses who probably
would not be allowed here. We feel confident that the majority of uses allowed are
covered in this mailer. The scope of the mailer targeted the immediate North County area
and went down into Rancho Bemardo, Poway and La Jolla. We’ve included numbers by
SIC code as well as a list of those businesses to whom we’ve mailed a marketing
brochure.
In addition, please feel free to view your property on Loopnet, Costar, our Lee &
Associates web site, and Property First.com. These comprise the major “MLS” sources
for the commercial real estate industry
201 1 Palomar Airport Road. Suite 102. Carisbod. CA 92009 / Ofice: 7601929-9700 / Fax: 7601929-9977
tee & Associates - Corlsbad. Inc. A Member of the Lee &Associates Group of Companies
Greg Hastings
January 16,2001
Page 2 of 2
We will make follow up phone calls to targeted businesses. If you have any further
questions, please feel fiee to contact us.
Sincerely,
Lee & Associates
Commercial Real Estate Services ev$- Principal
I ui Lee & Associates I COMMERCIAL REAL ESTATE SERVICES
Adam Molnar
Principal
35-
NEC El Fuerte & Rancho Pancho
Features:
2.00 Acre Finished Lot
All utilities to site, curb, gutter
and sidewalk complete
Community Facility Zone
(see back for allowable uses)
Adjacent to New 3,500 Home Master
Planned Community
Price: $500,000 ($5.74/P.S.F.)
For Further Information, please contact:
Peter Curry/Adam Molnar
pcum@lee-associates.com /amolnar @Ieeassociates.com
(760) 929-9700 Fax (760) 929-9977
21.25.050 Uses Permitted by Conditional Use Permit
Subject to the provisions of Chapter 21 50, the following uses are permitted by
conditional use permit in the C-F zone. If any office area is proposed with the
use, the office area must be ancillary to the main use; it cannot be the
principal use.
(1) churches, synagogues, temples, and other places of worship.
(2) religious reading room (separate from church structure)
(3) welfare and charitable services (private or semi-private) with no permanent
residential uses (e.g., Goodwill, Red Cross, Travelers Aid)
(4) social clubs (non-commercial)
(5) fraternal associations and lodges (except college fraternities/sororities)
(6) youth organizations (e.g., Boy Scouts, Girl Scouts, Boys' & Girls' Clubs,
YMCA and YWCA except lodgings)
(7) civic associations (e.g., League of Women Voters)
(8) veteran's organizations (including meeting facilities
(9) adult and/or senior day care and/or recreation facility (private or
non-private)
(1 0) other uses of a similar character as determined by the Planning Director
to be community facilities uses.
For Further Information, please contact:
Peter CurrylAdam Molnar
pcurrv@lee9ssociates.es.com /amolnar @/ea-associates.com
(760) 929-9700 Fax (760) 929-9977
Lee & A Member of the Lee & Associates Group of Companies * www.lee-associaies.com
201 1 Palomar Airport Road, Suite 102 * Carlsbad, CA 92009 * (760) 929-9700 * Fax (760) 929-9977 Associate
COMMERCIAL REAL ESTATE SERVICES
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0 Full Name . Company File As Business Ph... E-mail
Kenneth Bowman CE Richard Ellis Bawman, Kenneth (909) 788-0880 kbowman@cbrichardellis.cqn
, John Boyd CB Richard Ellis Boyd, lohn (909) 788-0880 jboyd@cbrichardeIlis.com
Lynda Collie CB Richard Ellis Collie, Lynda (909) 788-0880 Icollie@cbrichardellis.com
David Consani CB Richard Ellis Consani, David (909) 788-0880 dconsani@cbrichardellis.com
Beverly Currington C8 Richard Ellis Cumngton, Beverly (90% 788-0880 bcumngton@cbrichardeIlis.com
Art Day CB Richard Ellis Day, Art (909) 788-0880 aday@cbrichardellis.com ~~~~
1Mike Del Santo /CE Richard Ellis IS%to, Mike Del l(909) 788-0880 mdel santo@cbrichardellis.com
/Barbara Erickson ICE Richard Ellis (Eridcson, Barbara ((909) 788-0880 txntkson@cbrichardeIlis.com
/Wesley Flfield ICB Richard Ellis IFifield, Wesley l(909) 788-0880 wfiAeld@cbrichardeIlis.com
Ihammontree@cbrichardeIlis.com I ILea Hammontree ICB Richard Ellis IHamrnontree, Lea l(909) 788-0880
Gerald Harvey CB Richard Ellis Harvey, Gerald (909) 788-0880 gharvey@cbrichardeIlis.com
Pattie Hoffman CB Richard Ellis Hoffman, Pattie (909) 788-0880 phoffman@cbrichardellis.com
Mark Illsley CB Richard Ellis Illsley, Mark (909) 788-0880 millsley@cbrichardellis.com
Christine lacobs CB Richard Ellis lacobs, Christine (909) 788-0880 jacobs@cbrichardellis.com
Jackie Keller CB Richard Ellis Keller, lackie (909) 788-0880 jkeller@cbrichardellis.com
Maggie Montez CB Richard Ellis Montez, Maggie (909) 788-0880
Michael OBrien CB Richard Ellis O'Brien, Michael (909) 788-0880 mo'brien@cbrichardellis.com
Mark OConnor C8 Richard Ell~s OCnnnor, Mark (909) 788-0880 mo'connor@cbrichardeIlis.com
Robert OConnor CB Richard Ellis O'Connor, Robert (909) 788-0880 ro'connor@cbrichardellis.com
lohn Oien ~ @Richard Ellis Oien, John (909) 788-0880 joien@cbrichardellis.com
Kelly Patscheck-Murphy CB Richard Ellis Patscheck-Murphy, Kelly
Richard Roby CB Richard Ellis Roby, Richard (909) 788-0880 rroby@cbrichardellis.com
Sandie Smith C8 Richard Ellis Smith, Sandie (909) 788-0880 ssmith@cbnchardellis.com
Thomas Swieca CB Richard Ellis Swieca, Thomas (909) 788-0880 tswieca@cbrichardellis.com
Janet Valentin CB Richard Ellis (909) 788-0880 jvalentin@cbrichardeIlis.com
Philip Wocdford C8 Richard Ellis Wocdford, Philip (909) 788-0880 pwoodford@cbrichardeIlis.com
~~~~~ (909) 788-0880
\Debbie Acuna /Colliers Intematio ... (Acuna, Debbie [(619) 45571515 ldebbie acuna@mliiers.mm
(lay Alexander
]Kirk Allison
(Colliers Intematio ... (Alexander, lay 1619) 455-1515 /jay_alexander@colliers.com
IColliers Intematio ... IAIIison, Kirk l(760) 438-8950 ~kirk-alliMn@colliers.com
~ ~~~
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IPaula TKhauner
1Colliers Internatio ... /mummer, Sue
IColliers Intematio ... ITKhauner, Paula ((619) 455-1515 (Paula tschauner@colliers.com
l(619) 455-1515 /su~~tiummer@collier.com
~~~ ~ lulie Williams
Howard Zatkin
Zirnsky, Andrew Colliers Intematio ... Andrew Zimsky
julie_willlams@colliers.com (619) 455-1515 Williams, lulie Colliers Internatio ...
Zatkh, Howard Colliers Internatlo ...
Iim ZimsQ Colliers Internatio ... Zimsklim
Colliefs Internatio ... Colliel's International (619) 675-7490
Collier's Internatio ... Collier's International
(619) 455-1515 Colliers International - Main Office Colliers Internatio ... (619) 231-9606
(760) 438-8950
(619) 455-1515
howard-zatkin@mllierss.com
jim-zimsky@colliers.com (619) 455-1515
anUrew_rimsQ@colliers.com
Don Agan Grubb & Ellis Agan, Don (619) 298-6897 Don.Agan@grubb-ellis.com
lules Arthur
Ryan Blanchard Grubb & Ellis
lohn.Busse@grubb-ellis.mm (619) 298-6697 Busse, lohn Grubb & Ellis lohn Busse
(619) 298-6897 Brown, Paul Grubb & Ellis Paul Brown
Ryan.Blanchard@grubb-ellis.com (619) 298-6897 Blanchard, Ryan
(619) 298-6897 lules.Arrhur@grubb-eIlis.com
11im Casale /Grubb & Ellis ICasale, 11m l(619) 298-6897 1
/lohn Cona IGrubb & Ellis (Cona, lohn j(619) 298-6897 I
1mm Cowden IGrubb E Ellis Imwden, mm l(619) 298-6897 1
ludy Capps
lackson, Terry lohn Burnham E ... Terry lackon
Erwin, Mike lohn Burnham E ... Mike Erwin
Capps, ludy lohn Burnham E _..
Linda Kapp
(760) 929-2002
lac~on@grubb-ellis.com (760) 929-2002
Erwin@gnrbb-ellis.com (760) 929-2002
&pps@grubb-ellis.com
lohn Burnham & .._ Kapp, Linda (760) 929-2002 Kapp@grubb-ellis.com
. . .~.
0 Full Name Company File As
Bob Salhman Lee & Awciates Saleman, Bob (760) 929-9700 bsaltman@iee-adates.mm
Shane Strickland
Larry Strickland Lee &Associates Striddand, Lany
Lee & Awciates Striddand, Shane (760) 929-9700 sstrickland@lee-aaoaates.com
1760) 929-9700
Ron Voigt Lee &Associates Voigt, Ron
Business Ph... E-mail
~~ ~~~ ~ ~~~
info@pprbhg.Com
info@pprbhg.com
1g.com
info@pprbhg.Com
,corn
" ..
,e Realty ]Van Staden, lennie
linfo@@rbhg.
Bill Robert Pinnade Realty M... Robert, Bill
Ken Shough
Bob Petrich
Pinnade Realty M... Pinnade Realty Management Co. (619) 298-9222
Pinnacle Realty M... Shough, Ken
Pinnacle Realty M... Petrich, Bob
(619) 298-9222 bill-rokrt@prmc.com
(619) 298-9222 ken-shough@prmc.com
(619) 298-9222 bobgetrich@prmc.com
I IPinnade Realty M... IPinnade Realty Management Co. l(619) 298-9222 I
lBill ~obert (Pinnade Realty M... IRobert, Bill l(619) 298-9222 Ibili-rokrt@prmc.com
lKen Shough /Pinnacle
lBob Petrich /pinnacle
I ken-shough@prmc.com
Ibobgetrich@prmc.com
.._" -. . >.:,.
lky Reinders IRW Martin Inc. IReinders, Ray I I
]Gary Green (San Diego Comm... ]Green, Gary 1 15an Diego Comm... l5an Diego Commercial Real Estate ... l(619) 497-2255 I l(619) 497-2255 Iwlcommre@cerfnet.com
Eunice SANDAG Eunice
Chet Allen
Roberta Alford Sperry Van Ness Alford, Roberta (619) 452-9100 alfordr@svn.com
(619) 452-9100 allenc@svn.com
Brian Beck Sperry Van Ness' Beck, Brian (619) 452-9100 be&b@m.com
Jim Brady Sperry Van Ness Brady, lim (619) 452-9100 bradyj@svn.com
Spew Van Ness Allen, Chet
IHeidi Carlson 1Sperry Van Ness ICarlson, Heidi l(619) 452-9100 /carlsonh@svn.com
/Bethany Hiner IsPerry Van Ness /Hiner, Bethany j(619) 452-9100 Ihinerb@svn.com
IKamal Husain /Spew Van Ness IHusain, Kamal k619) 452-9100 Ihusaink@svn.com
]Jacqueline King 15perry Van Ness /Kine Jacqueline l(619) 452-9100 Ikingj@svn.com
Barbara Kreis
Ice LaDuca Speny Van Ness LaDuca, loe (619) 452-9100 laducaj@svn.com
Rita Lancaster Sperry Van Ness Lancaster, Rita (619) 452-9100 lancastr@svn.com
lohn Lawler Sperty Van Ness Lawler, John 1619) 452-9100 lawlerj@svn.com
lennifer Loh Sperty Van Ness Loh, Jennifer (619) 452-9100 iohj@svn.com
~~~ ~
Spew Van Ness Kreis, Barbara (619) 452-9100 Iveisb@svn.com
IAndrea Titsworth ISperry Van Ness j~tsworth, Andrea
/Perry Tkachuk Isperry Van NS I~kachul;, Pew
jChuck Wise 15perry Van NS Iwise, muck
~~
l(619) 452-9100 Ititswora@svn.com
l(619) 452-9100 /tkachukp@svn.com
l(619) 452-9100 /wisec@svn.com
Kathy Zieglar Sperry Van Ness Zieglar, Kathy (619) 452-9100 ziegIark@svn.com
Kent H Hade TMAG Indusbies Hade, Kent H 1760) 599-1003
Charles Adolphe Voit Commercial B... Adolphe, Charles (619) 4984560 cadolphe@voitco.com
Arthur Bleier
Tracy Clark
Rudy Mendoza Voit Commerual B... Mendoza, Rudy (619) 4984560 nendoza@voitco.com
Voit Commercial E... Bleier, Arthur (619) 4984560 ableier@voitco.com
Voit Commercial B... Clark, Tracy (619) 4984560 tdark@voitco.com
Voit Commeraal B... Voit Commercial Brokerage (619) 4984560
Linda Dunfee Voit Commemal B... Dunfee, Linda (619) 453-0505 Idunfee@voitm.com
Tammy Brown - Voit Commercial B... Brown, Tammy (619) 453-0505 tbrown@voitco.com
Chris Eddy
Mark Caston
Voit Commercial B... Eddy, Chris
Voit Commercial E... Caston, Mark
1619) 453-0505 ceddy@voitco.Com
Bob Brady Voit Commercial E... Brady, Bob
@19) 453-0505 mcaston@voitco.com
(619) 453-0505 bbrady@voitco.com
Tom Wilcox Voit Commercial B... wilcox. Tom (619) 453-0505 twilcox@voitco.com
">" n..rlri* ._
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! BURLESON PACIFIC I 2270 CAMINO VIDA ROBLE
SUITE P
CARLSBAD. CA 92009
BURNHAM REAL ESTATE SERVICES, INC.
I90 I CAMINO VIDA ROBLE
SUITE 120
CARLSBAD, CA 92008
BUSINESS REAL ESTATE
5050 AVENIDA ENCINAS
SUITE 150
CARLSBAD, CA 92008
COLLIERS INTERNATIONAL
2386 FARADAY AVENUE
SUITE 100
CARLSBAD, CA 92008
CB RICHARD ELLIS
5740 FLEET STREET
SUITE 100
CARLSBAD, CA 92008
CDC COMMERCIAL
P.O. BOX 606
ESCONDIDO, CA 92033
COLDWELL BANKER COMMERCIAL
NORTH COUNTY PROPERTIES
5800 ARMADA DRIVE, SUITE IO I
CARLSBAD, CA 92008
IPC COMMERCIAL REAL ESTATE
I901 CAMINO VlDA ROBLE
SUITE 202
CARLSBAD, CA 92008
M. NAVARRO &ASSOCIATES
P.O. BOX 231715
ENCINITAS, CA 92024
COLLIERS INTERNATIONAL
2386 FARADAY AVENUE
SUITE 100
CARLSBAD, CA 92008
JAMES CRONE &ASSOCIATES
IO I NORTH BROADWAY
ESCONDIDO, CA 92025
NORTH COUNTY ECONOMIC DEV.
2095 W. VISTA WAY
SUITE 219
VISTA, CA 92083-6027
RC PROPERTIES
5055 AVENIDA ENCINAS, #I 00
CARLSBAD, CA 92008
TILTON REALTY
I28 N. LAS POSAS ROAD
SAN MARCOS, CA 92069
THE BLACKMORE COMPANY
1530 FARADAY AVENUE
SUITE 170
CARLSBAD, CA 92008
THE SANDE COMPANY
12230 EL CAMINO REAL
SUITE 100
SAN DIEGO, CA 92130
THE TURNBULL COMPANY
777 S. HVVY 101
SUITE 108
SOLANA BEACH, CA 92075
BRETT A. TIANO R.E. BROKERAGE
217 CHESTERFIELD DRIVE
SUITE D
CARDIFF, CA 92007
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A.W. ARENDSEE R.E., INC.
750 "B" STREET
SUITE 1910
SAN DIEGO, CA 92101
AlTN: LISTING SECRETARY
BD HOLDINGS
12750 CARMEL COUNTRY ROAD
SUITE 204
AlTN: LISTING SECRETARY
SAN DIEGO, CA 92130-2159
CAPITAL GROWTH PROPERTIES
LA JOLLA, CA 92037
I120 SILVERADO STREET
ATTN: LISTING SECRETARY
AWARD COMMERCIAL PROPERTIES
3530 CAMINO DEL RIO NO.
SUITE I IO
ATTN: LISTING SECRETARY
SAN DIEGO, CA 92108
CALIFORNIA R.E. SERVICES
825 COAST BLVD. SOUTH
ATTN: LISTING SECRETARY
LA JOLLA, CA 91037
CB PROPERTIES
16776 BERNARD0 CTR DR
SUITE I IOB, PMB 74
AlTN LISTING SECRETARY
SAN DIEGO, CA 92128
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CB RICHARD ELLIS
4365 EXECUTIVE DR.
SUITE 900
SAN DIEGO. CA 92121-2127
ATTN: LISTING SECRETARY
CB RICHARD ELLIS
SUITE 2 IO0
600 WEST BROADWAY
SAN DIEGO, CA 92101-3302
ATTN: LISTING SECRETARY
COLDWELL BANKER COMMERCIAL
MID CITY PROPERTIES
I660 HOTEL CIRCLE N., #705
SAN DIEGO, CA 92108
ATTN LISTING SECRETARY
CURTIS COLEMAN CO.
9879 HIBERT STREET
SUITE A
ATTN: LISTING SECRETARY
SAN DIEGO, CA 92131-1073
COLDWELL BANKER COMMERCIAL
MID CITY PROPERTIES
SAN DIEGO, CA 92 I27
10845 RANCHO BERNARD0 RD,#IOI
ATTN: LISTING SECRETARY
CUSHMAN REALTY CORP
8910 UNIVERSITY LANDE
SUITE 425
SAN DIEGO, CA 92122
ATTN: LISTING SECRETARY
CUSHMAN & WAKEFIELD
9255 TOWNE CENTRE DR
SUITE 450
SAN DIEGO, CA 92121
ATTN: LISTING SECRETARY
EQUlS
1551 4THAVENUE
SUITE 200
SAN DIEGO, CA 92 IO I
ATTN: LISTING SECRETARY
FOUQUETTE
1424 l5TH STREET
SUITE IO
SANTA MONICA, CA 90404
ATTN: LISTING SECRETARY
GRUBB & ELLIS
3401 CENTRELAKE DR
SUITE 500
ONTARIO, CA 91761-1201
ATTN: LISTING SECRETARY
GRUBB & ELLIS
4445 EASTGATE MALL
SUITE 105
SAN DIEGO, CA 92121
ATTN: LISTING SECRETARY
GRUBB &ELLIS
27349 JEFFERSON AVENUE
SUITE 101
TEMECULA, CA 92590
ATTN LISTING SECRETARY
HAMANN PROPERTIES
475 W. BRADLEY AVE
EL CAJON, CA 92020
ATTN: LISTING SECRETARY
IRVING HUGHES
550 WEST "C" STREET
SUITE 2000
SAN DIEGO, CA 92101
AVN: LISTING SECRETARY
MORRIS AND CAMPBELL
9255 TOWNE CENTRE DR
SUITE 380
AlTN: LISTING SECRETARY
SAN DIEGO, CA 92121
IPC COMMERCIAL
4275 EXECUTIVE SQUARE
SUITE 100
LA JOLLA, CA 92037
ATTN: LISTING SECRETARY
LANDMARK REALTY GROUP
2727 CAMINO DEL RIO SOUTH
SUITE 135
SAN DIEGO, CA 92 IO8
ATTN LISTING SECRETARY
PINNACLE REALTY
8745 AERO DRIVE
SUITE 330
ATTN: LISTING SECRETARY
SAN DIEGO, CA 92123
RETAIL INSIGHT
12760 HIGH BLUFF DR
SUITE 180
SAN DIEGO, CA 92130
ATl'N: LISTING SECRETARY
SPERRY VAN NESS
8910 UNIVERSITY LANE
SUITE 100
SAN DIEGO, CA 92122
ATTN: LISTING SECRETARY
VOlT COMMERCIAL BROKERAGE
4370 LA JOLLA VILLAGE DR
SUITE 990
SAN DIEGO, CA 92122-1233
ATl'N: LISTING SECRETARY
SAN DIEGO COMMERCIAL
REAL ESTATE SERVICES
1565 HOTEL CIRCLE S., #390
SAN DIEGO, CA 92 IO8
AlTN: LISTING SECRETARY
STAUBACH CORP SVCS
I1988 EL CAMINO REAL
SUITE 150
SAN DIEGO, CA 92130
ATl'N LISTING SECRETARY
VOlT COMMERCIAL BROKERAGE
660 BAY BOULEVARD
SUITE 2 IO
CHULAVISTA, CA 91910
ATTN LISTING SECRETARY
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WALSH COMMERCIAL RE
750 "6 STREET
SUITE 1835
ATTN: LISTING SECRETARY
SAN DIEGO, CA 92101-81 I4
HENRY WILLARD
b25 BROADWAY
SUITE I104
SAN DIEGO, CA 92101-5418
ATTN: LISTING SECRETARY
WESTMAR COMMERCIAL BROKERAGE
SUITE 103
2731 I JEFFERSON AVE
TEMECULA, CA 92590
ATTN: LISTING SECRETARY
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Complete Care Associates (Fouche Melinda)
ossley Caryol Lcsw
rloers Cause For Children
El Camino Christian Fellowship (Pacific SW Dist Wesleyan Chrch)
Doreen Peasley Mfcc
cinitas Soccer Club Adm
Family Growlh 8 Counseling Ctr
iscopal Church of St Andrew
Family Mediation Center
thers Resource Center Inc
Focus On Intervention North
rst Church Christ Scientist (Christian Science Church)
Genesis Group (Jenny Ellingsen) rrard Eugenia MA Mfcc
ace Cmnty Chrch San Dieguito
Hazlehurst lsobel Mfcc
Howell-Jones Trainings
lesia Bautista De Encinitas
hovahs Wtnsses Kingdom Halls
Jewish Family Svc San Diego
fn J Kachorek PHD
Juan Rubio Kaye Sharon Lcsw Mfcc nt Bennington PHD
Shure Donald Lcsw
y Chu Design
urneys Chrstn Counseling Ctr
B Legal Alternatives
LoDer Nancv G PH D PD Clatk PHD ndlm Suzle Attornev At Law -
B
New Life Christian Feilowship North Coast Alzheimers Center (Community Care For Adults)
rth Coast Presbt Church
Pacific View Babtist Church rth County Legal Assistance
Counseling Res Edu
nch View Bptst Chrch of Olvn
ncho Counseling Assoc gs Denise MA Mfcc Rancho Pacifica Health Center (Carolynne Manka)
San Dieguito Boys Club Sandra K Blumberg Mfcc
n Dgito Untd Mthdst Prschool (San Dguito Untd Methdst Church) n Diego Wedding Corn (Rev Pamela Ann Noxon Hhp)
acoast Community Church Inc
aside Chrch of Rlgous Scnce Presbyterian Church Self Rlztion Fllowship Church
nior Center (Family Svc Assn of San Diego)
ari P Delisle
Johns (Catholic Diocese of San Diego)
St Johns Catholic Church
Mark Lutheran Church
mple SoleVNrthn Sn Diego CN
omancare Health Center w
Young Life
d Assoc For Lutherans ility Access
oha Treatment Centers
IF
!
Akheimers Family Center Inc
erican Red Cross San Diego nex Counseling Center ssociation of Family Service Barend Mary Jo Rn Mfcc the1 Southern Baptst Church D P (Client Development Programs) alvary Assembly Community Crch
thedral of The Valley (International Ch Four Sqr Gspl)
ring Neighbors Lutheran (Luthem Scl SNC of S Cal)
ristadelphians
””_ ”. Church of Christ Inc Church of Christ North unty Church of St Timothy, .holic Diocese of San Diego)
Columbus Club (Knights of Columbus)
David Ferreira MA
Emmanuel Faith Cmnty Church
Escondido Family Service
Escondido Girls Softball Leag
Eye Counseling and Crisis Svcs Faith Bahai Library Fink Patricia PHD Mfcc
Gibbs Virginia L PHD Mfcc
First United Methodist Church
Girl Scats San Dg-Mprial Cncil Grace Lutheran School Headstart Program Office (Neighborhood House Assn)
Jehovahs Witnesses Hidden Valley Christian Church
Jesus D lglesia
Jumpstart Ministries La Mesa Counseling Lisa Ciccarelli Mfcc
Lomeli Barrio
Marwlongo Francis J PHC Mfcc Masonic Temple Nazarene Christian Congrg
New Life Presbyterian Church
New Resolve Program The (Vietnam Veterans of San Diego)
North County Baptist Church
Oasis
Pacific Belle Chords (Harmony Chords Inc)
Palomar Family Counseling Svc Palomar Family Counseling
Pathway Luteran Ministery ()
Pohl Walter PHD (Walter Pohl PHD)
Praise Chpel Chrstn Fellowship
Psychiatric Ctrs At San Diego
Pta California Congress 0
Rivkin Leslie PHD Mfcc
San Dego Open Door Prsbt Chrch
Senior Servc Council Escondido
Southern Cal Presbt Homes (Redwood Elderlink Inc)
St Marys Catholic Church (Roman Catholic Bishop of San D)
St Marys School (Roman Catholic Bishop of San D)
The Little Angel Learning Ctr (St Clares Home Inc) Toastmaters Club San Marcos Travel Svc Joslyn Senior Ctr
Trinity Episcopal Church
Veterans Fgn Wars Post 1513
Westminster Presbyterian Churc Victory Outreach
William J Biffar PHD
- -I
Assemblies of God Foundation
Association of Family Service
Bright From Start Butler Diane S Micc Calvary Chapel of Eswndido Cambron Cookie Mfcc Carm (Apologetics Christian and Res) EYE Empowerment Center Eswndido Community Church Escondido United Reform Church Eye Counseling and Crisis Svcs First Congregational Church Foothills Church Gideons International Gloria Dei Lutheran Church lglesia Guerreros De Jesus
Jehovahs Witnesses
Nancy Gamble PHD + page 2 of 6
b2
~. . . ighborhood Church (Country Club Lane Neighborhood)
lomar Familv YMCA (YMCA of San DieaG Juntv Inc) ighborhpod Church (Assembly Of God of ’ nddo)
Tape Ministry .
cension Evang Ltheran Church Wisconsin Evang LGheran Syn.
the1 Fashion
urch of Jesus Christ Latt urch of Resurrection (Roman Catholic Bishop of San D)
- ..
rnerstone Church Eskndido
e Counselina and Crisis Svcs
mndamental gaptist Academy (Fundamental Baptist Church) Hispanic Ministry House Prayer
pe Wesleyan Church (Pacific SW Dist Wesleyan Chrch)
use of Prayer Evangelical
esia Unvrsl Del Reino De H Jehovahs Witnesses Inc ~~ ~ ~ ~ ~~~~~ mark Missionary Baptist
t 8 Life Christian School (First Free Methodist Church)
t Lf Christn Schl & Church (First Free Methodist Church) ” Los Caballeros Inc
tional Message Ministry rth Cnty Interfaith Council khill Drive Church of Christ e PHI Alpha Kappa entecostal Church of God
ychl Cnslng Rsrch 8 Educ Svc
surrection Church Tradition1
Saint Paul Lutheran Church
n Marcos Grange No 633 etnam Veterans For Christ
ellspring Christn Fellowship
American Volunteer Group
ostolic Asmbly ostolic Assembly of ntro Cristiano De Victoria
rist Kina Lutheran Church In
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manuel Baptist Church Inc Fallbrook Business Services
llbrook People To People
llbrook Community Svcs Ctr
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ehtodist Church of Fallbrook (Fallbrook Untd Methdst Church)
mg Wters Chrstn Fellowship (Fallbrook Assembly God)
(Peters Saitn Catholic Cmnty)
utheast Cal Conf of Seventh Johns Episcopal Church (St Johns Parish (episcopal)) Peters Cathlic Cmnty Church (Roman Catholic Bishop of San D)
rmed Forces Assn
ram-Sdsu Foundation (Health Sewices CA Dept of)
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Church of God In Ct ,,., t
Faith Fellowship Foundation
Harmony Grove Spftualist Assn
His Chrch Christion Fellowship (His Church lntl Ministries)
Lacosta Dei Fiori Lodge 2
Spiritual Assembly of Bahai
New Apostolic Church
Escandido North County Inland (Escondido Alnce For Mntlly Ill) Escondido Pop Warner Football Jay Seei Ministries Moeller Foundation
Truth Tabmcl Untd Pntcstl Ch
American Legion Aux Unit 149
Bargain Box (Assistance League) Chapter 70 In Escondido (Disabled American Vet Dept CA)
Elks Lodge 1687 (Benevlent Prtective Order Elks)
Ephesians Four Group
Ephesians Four Group Escondido Hlls Homeowners Assn
First Chrch of The Nzrne Escnd Foundation of Praise Inc
League of Women Voters ESCO
lglesia Latina Emmanuel Inc
New Heights Community Church
St Dismas Guild Inc
All Hallows Catholic Church Victory Outreach Escondido
American Jewish Committee
Christensen Counseling
Christian Counseling
Church of Jesus Christ
Congregation Adat Yeshurun
Congrgtonal Chrch of La Jolla
Crawford Thresa D Psychologist
Darlinton Manor Hp-Hrdc LP
Ecumenicists Inc Elizabeth Rudee Lww Mfcc Ellen Stuart Mfcc Episcopal Churches
Firehouse TeenlSenior Center NMCA of San Dieao Countv Inc) I First Baptist Church Lajolla
First Bptst Chrch of La Jolla
Forty Eght Hr lnsptn Appraisal
Friends Mting-La Jolla-Quakers Greater Prince Chapel Hart Patricia M Mfcc
Jean H McPhee PHD
Jehovahs Witnesses Hllcrst
Jewish Cmnty Ctr of San Diego
John Smith Lcsw Kenneth L Greene PHD Kristine H Laverly
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La Jolla Lodge La Jolla YMCA (YMCA of San Diego County Inc)
La Pappion
Lajolla Lutheran Church
Lajolla Shffleboard Bridge CLB Lawrence Fmly Jewish Cmnty Ctr Little Steps Christn Preschool (Mi Soledad Presbt Church) Lorna Christensen Lcsw Mary Star of Sea (Catholic Diocese of San Diego) Meals On Whls-Greater La Jolla
Mi Soledad Presbt Church
Nancy Loesch Mfcc New Life Mssion Chrch La Jolla
Our Mther Cnfdnce Cthlic Chrch
Paul Korpowski Msw
Peter McDade PHD
Psychiatric Ctrs At San Diego Samaritans
&ma Nu Fraternity Inc sters of The Holy Cross (Roman Catholic B' 'p of San D) Ith Debra A Lcsw -
St John Church God In Christ
St James Bookshelf (St James By Sea Epscpal Church)
rrogacy Center of La Jolla
rrey Pines Christian Church
Total Body Wellness Progr
Trish Stanley 8 Associates nited Methodist Church iversity Lutheran Churc
Victoria Danzig
Vineyard Christian Fellowship
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y Scout Troop 573
urch of Science of God Inc
Fourth Church of Christ
La Jolla Presbyterian Church
e La Jolla Womans Club Jolla Town Council Inc
hitneyworks
vanced Office Solutions
dio Scripture lternational Calvary Chapel Hidden Valley Escondido Creek Conservancy
utheast Cal Conf of Seventh
Masonic Temple (Oceanside Masonic Lodge)
nrise Youth Care Center Inc
ROSiCNCian Fellowship The Inc iloh Church of God In Christ
ericn Legin Oceansde PST 146
Boys Grls CLB Ocnside Cal Inc
Family Connections Adoptions
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La Jolla Playhouse (Theater 8 Arts Foundation)
w Heights Church of Nazarene
American Red Cross Wic Prgrm erican Red Cross San Diego
lvary Chapel Living Hope
Christian Prof Counseling Ctr
mino Real Psychtherapy Assoc
Church Jesus ChrisVLtr Dy STS
ge Baptist Church
B urch of Christ Inc
astal Community Church (Presbytrian Church In Amer Inc)
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Crossroads Calvary Chapel Del Or0 Hills Community Church
pt of Corrections CA dorado Chrch God Rtrement HM (Church of God Home Inc)
lliotl Kari G Mfcc E e Counseling and Crisis Svcs
mily Guidance Services
llowship of Chrstn Athletes
First Presbt Church Preschool
lrst Baptist Church
rst Presbyterian Church
lad Tidings of Great Joy
Grace Bible Church of Oce
Grace Chapel of Coast
race Christian Center
I elping Hand Family Child Care
rvey J Feinman PHD
esia De Dios Ebencer Inc
of Kings Lutheran Church
c Project Head Start Inc
ne Coastal Youth Svcs (North County Lifeline)
na Christian Fellowship
"'"'L')-"r .,c,s,v*,a YY"C,, ,.-, kW Associations Academy Life (Academy Insurance Group Inc)
Nesra of San Diego I
North Coast Community Foursqua North Cast Untd Mtha-, Church
North County Couples Club North Hills Church
Oceanside 7th Day Adventist Ch (Southeast Cal Conf of Seventh)
Oceanside Community Chruch Oceanside Alzheimers Center (Community Care For Adults)
Oceanside Gospel Lighthouse Oceanside Elks Lodge 1561 (Elks)
Oceanside Sailing Club 8 Schl
Oceanside Senior Citizens Ctr (City of Oceanside) Pacific Christian Service Pacific Coast Bible Church
Partners For Healthy Neig
Partners For Hlthy Nghborhoods
Saint Germain Foundation
San Diego Council Campfire
Service Mem Sthern Bptst Chrch (Service Memorial Baptst Church) Sandapp (San Diego Adolescent Pregnancy)
Shepherds Heart of Oceans South Mesa Senior Nco Club
St John Mssonary Baptst Church
Twin Cities Christian Church
St Mary Star of The Sea (Roman Catholic Bishop of San 0)
Valley Senior Center
Victory Outreach Veterans of Foreign Wars
Voices For Children
Walker Chapel AME Church
Welcome Home Ministries
Womens Resource Center
World Hope
Word Faith Christn Fellowship
Ambassador Family Church
Calvary Chapel of Oceanside
Gary C Goldman Mfcc (Gary Charles Goldman)
Faith Temple Christian Center (Faith Temple Ministries Inc)
Jehovahs Wtnsses Kingdom Halls John Landes Community Center Ken Johnstone PHD
Mision Apostolica
New Song Community Church
New Vnture Christn Fellowship No Regrets Music Panther Baseball Boosters Inc
Pregnancy Resource Center
T A P S (Teen Adolescent Placement Svc)
Saint Mrgret Rman Cthlic Chrch (Diocese San Diego)
The Cornerstn Cmmnty Chrch of Trauma Intervention Programs YMCA of San Diego County Inc
A Loving Connection
Aloha Spirits (Becky Gonzalez)
Canine Cmpnons For lndpendence
Church On Cast Crlsbad Frsqare (International Ch Four Sqr Gspl)
Community Luthem Church Aflc
First Samoan Reformed Chrch of Libby Lake Ranch (Boys Girls Clubs of Oceanside)
New Apstlic Chrch Jesus Christ Partners In Visitation
Rising Star Missionary
San Luis Rey Vly United Mthdst
San Luis Rey Parrish (Catholic Diocese of San Diego)
Sewnd Mssionary Baptst Church Shepard Chldm Chld Dev Center (Shepard of Vly Lutheran Church)
Webb Assoc Chplincy Consulting-(Thomas E Webb) Action Rehabilitation Cons
All Nations Christn Fellowship Assoc For lndvdual Fmly Dvlpmn Birth Choice of San Marco
page 4 of 6
L74
ae mew Vallev Cmntv Church It Assembl; ter Seal SOC of Sthern Cal Lodge EsAndido No 1687
mdido Palomar Farm Inc
Counseling 8 Crisis Svcs (Eye Counseling and Crisis Svcs)
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I Assmblv God San Marcos (Palomar Heights Church Inc)
t Southe& Baptist Church '
nds In Business
ce Baptist Church ce Episcopal Church Valley
1 Temple of San Marcos
sia Cristiana Pentecostes itute of Sprtual Phlosophy
lyn Center For Nutrition (San Marcos City of) :oresters
la Kaiser Lcsw
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ional Amputee Fund
adowlark Community Church
th County Church Brethren th County Community Svcs
th County Inland Office (Meals On Whels Grter San Diego)
amar Christian Church Inc th Star Vr
nmar Korean-Church
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<a Gakkai International Usa
I Mrcos Sniors Trail Blazers
vise Community Church
Mark Church (Roman Catholic Bishop of San D)
ited Methodist Pre-School
iley Bible Christian School (Valley Bb Chrch of San Marcos)
leyard Inland North County
terans of Foreign Wars US
.ta Christian Church Mission
thering Place
rner Stone Christian School (Grace Community Church)
ing Faith Wesleyan Church
ing Way Church Inc way Christn Ctr Assembly God (Christian Life Assembly) way Foursquare Church (International Ch Four Sqr Gspl)
way Pop Warner Football
Gabriels Catholic Chur (Roman Catholic Bishop of San D)
rnard Michals Lcsw ys 8 Girls Club Del Mar BR (San Dieguito Boys Club)
llvery Luthern Church mter For Marriage (Steven Meineke) bastline Community Church
Brothy E Lujan Mfcc ime Commission Task Force
unily Literacy Foundation
iperanza International
cks Tom Psy D ff Proctor Mfcc
ds Korps llie M Elledge F C C
mgwrth Art Gllery Stdio Lisa (Creativity Center)
mMWareFCC
argaret A West PHD arybeth Chruden Ccsw
ancy Deason Mfcc ha St Leos Head Start Center (St Leos Mission)
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Ray Leslie Ellen Mfcc
Pure River Ministries
Roth Jdith E Lcsw Mfcc Bcd PC
Saint James Catholic Church (Saints Thrft Shop Saint James)
San Dieguito Boys4 Girls Club (San Dieguito Boys Club)
Smith Craig PHD Mfcc
St James Catholic Church (Roman Catholic Bishop of San D)
Solana Beach Presbt Church
Tigers Lions and Bears
Susan Dasch Mfcc
Unitarian Unvrslist Fellowship
United Jewish Federation
Veterans Fgn Wars Post 5431
Crosswind Community Church Inc
Jehovahs Witnesses
Discovery Christian Fellowship
Manna Christian Embassy (Manna World Ministries Inc)
San Marcos Adult Day Center (Community Care For Adults)
Calvary Chapel of San Marcos
San Marcos Seventh Day Adventi (Southeast Cal Conf of Seventh)
Calvary Christian Academy (Templo Calvario)
Christian Noetic Zen Center
Church of All Saints
Intercession Chrch of God
New Hope Church Inc
Lesbian 8 Gay Mens Cmmnty Ctr
Ray Bringham
Woodland Prk Cmmnty Chrch Sn M
Rock Church 8 Cafe Ministry
Calvary Chapel Valley Center
Church of Jesus Christ Lttr Dy
Crisis Management 8 Respo (Slattum John)
Easene Catholic Church (American Universalist)
Horizon Christian Fellowship
Institute On Churchgrowth
Jerry W Nicholas
Light Valley Lutheran Church Kingdom Hall (Jehovahs Witnesses)
On Fire Mnstrs Fr Sq Gspl Chrc Rincon Chapel (Lupe E Hermanbez) Sctca Food Dist Program Inc
Southeast Cal Conf of Seventh
Southern Cal Trbal Chnan Assn
St Stephen Catholic Church
Valley Baptist Church
Valley Center Church
Vc Communify Church Assoc For Retarded Citizens (Association For Retarded)
Atlanta Nnty-Six Yuth Cnfrence
Boys and Girls Club of Vista (Boys Club of Vista)
Brennan 8 ASSOC Law Offices Calvary Chpl Church Plntng Msn Catholic Community Svcs
Charismatic Christn Fellowship
Church Jesus Chrst Lttr Day
Church of Christ
Copper Hill Living & Lmg Ctr
Culture Cravan-Parks Cmnty Svc (City of Vista)
Day Services (ARC North Cnty In Hm Svcs Asso) Fathers Right Center
First Christian Church Vista
Fiesta Nutritional Products (Fiesta Plaza Nutritional Pdts)
First Church of The Nazarene First Samoan Congr (First Samoan) First Samoan Methdst Church Gold Star Wives of America
Greater Ebenezr Church of God
Hanely Counseling (Donald F Hanley PHD Mfcc)
lglesia Principe De Paz Jehovahs Wtnsses Kingdom Halls Jehovahs Wtnsses Kingdom Halls
Joan K Parrv Dr
Lakier Rchard S Attrnev At Law
PndS E Savage PHD
Ive In Falth Chnstlan Ctr Tlantera Used Tires Emanu .
"elrose Church of Christ
y Fathers House U P C I .
ational Congress FatherslChld I Navigators
I orth County Tabernacle Praise (United Pntecostal Church Intl)
orth San Diego Japanese (North San Diego Church Inc)
ak Hills Covenant Church (The Evanglcal Covenant Church)
ak Hills Covenant Church
ceanside Rotary Club
ptimist Club (Vista Optimist) ac Sthem Bptst Mssion Church alomar Community Church alomar Family Counseling Svc alomar Unitarian Univers resident of Latter Day Saints
amoan Seventh Adventist
and 8 Sun
ri City Eldercare Home (Tri City Eldercare Center) ri-City Christian School (Tri-City Bptst Chrch of Vista)
nited Methdst Church of Vista
ista Bible ChaDel
lsta Chrlstn Elementarv Schl Nista Assembly of God Church)
dventist Sventh Day Adventist (Southeast Cal Conf of Seventh)
nn Friedman Mfcc
onsall Community Church
uena Creek Family Davcare (Julia K Borland) ..
arpenter Marilyn M FCC
ommunity Chrstn Fmly Mnstry
ommunity Church of Vista Inc
raig W Carlson PHD an Sapin Counseling Ita Kappa Gamma Society
Christian Fellowship anuel Christian Church
ereux San Diego Center (The Devereux Foundation)
st Lutheran Church race Presbt Church of Vista (Presbyterian Church USa)
Lutheren School (Faith Lutheran Church Inc)
mic Movement North America
ELINE COMMUNITY SERVICES (North County Lifeline) ean Church of North County
mbs of Faith Pre-School
rilyn Gottdank Mfcc leak On Whels Vista-Oceanside
ational Spiritual Assemb (National Spiritual Assembly)
ercedes Benz Club of America
orth Cnty Adult Day Hlth Care (Adult Protective Services InC) orth County Coucil On Aging
atsy K Oquist Mfcc uevo Dia Centro Cristiano
ainbow Boarding Care aphael S Consulting Service
an Diego State Univ YMCA
Souls Harbor Evangelistic
Tanyas Dance of Vista Spear Clinic (Dr Josepb Pvear)
True Bible Ministries Veterans Fgn Wars Post 7041
Vista Conservancy
Vista Masonic Center Assn A Christian Counseling Svc Inc A Christian Counseling Svc Inc
Christ Center Gospel Mission
Church Dynamics International Community Baptist Church
First Chrch of Rligion Science
Girls Incorporated of Vista
Gullivers Sports Travel (Intemtonal TNI For Sport Inc)
New Life Christian Center
IMi Bible College 8 Seminary (Interdnmntional Ministries Inc)
Norman Moore Ministries North Coast Church (Evanglcal Free Church of Amer) North County Ostomy Assoc (United Ostomy Assoc)
Raphael 8 Assoc
Rezvan Mohragi PHD
Saint Matthew Parish Solutions For Better Living (Hilda Geiermann Mfcc) Vista Apostolic Church (Apostolic Assembly of Faith In)
Vista Christian Fellowship
Vista Elks Club (Vista Elks Lodge)
Vista Spanish Church (Southeast Cal Conf of Seventh)
Vista Spanish Seventh-Day Adve (Southeast Cal Conf of Seventh)
Vista Village Business Assn Word Life Christian Fellowship
Word Life Christian Fellowship
Boys 8 Girls CLB of Fallbrook
Fallbrook First Baptist Church (First Bptst Chrch of Fallbrook)
Fallbrook Land Conservancy
Fallbrook Masonic Lodge
Fallbrookchurch of Christ First Baptist Church Fallbrook (Conservative Baptist Ch Amercn)
First Southem Baptist
JKS Enterprise
Moose International Inc Mono Hills Community SVGS Dst Neighborhood Church
Reche Community Club(inc)
Seventh Dav Adventist Church
Wars Post 1924 (Deoartment of Michigan VFW
6al Conf of Seventh
Rose Foundaaon Spiegel Brynn Mfcc Ucsd/Markey Fellowship Church At Camel Mountain Inc
Counsling Bhvioral Specialists
Cross Roads Assembly (Crossroads Assembly Inc)
Douglas A Stoodt High School Ministry Inc
Jackson V Counseling Center
Hope United Methodist Church
Julian M Gnall
Jewish Family Svc San Diego
Michelle C Sullivan
Milal Presbyterian Church
National Network of Youth Mini Oaks North Community Center
Patricia H Laybourn MA Mfcc
Psalmody International Rancho Bernrd Comm Chrch Robben Peter A Lww 8 Assoc Sabre Springs Community Church San Rafael Church (Catholic Diocese of San Diego) State Educatn Envmt Roundtable (Science Wizards) Student Venture (Campus Crusade For Christ)
~~~ ~ ~
page 6 of 6
hrb
September 11, 2000
Bill Compas
Chairman
Carlsbad Planning Commission
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Re: Village T, Rancho Carrillo
Dear Mr. Compas:
As director of land acquisition for Continental Homes last year, it was my responsibility
to document our attempts to sell Village T to a community service group. I have been
buying and selling property for various development companies for nearly 20 years. ~
I followed the time honored direct mail technique, which can be very effective with the
right mailing list. Continental used Kii Lists, Inc. to help prepare the list of churches
and other community facilities. Kh4 Lists, Inc. is the best source for preparing mailing
lists in San Diego County. They did extensive research to prepare the two lists. After the
mailings were sent out I followed up with phone calls to each of the organizations on the
respective lists. 595 contacts were attempted in November 1998 and 215 contacts in June
1999.
A grand total of five church organizations expressed some interest and zero community
service groups. I spoke to Jehovah’s Witnesses, a bishop of the Episcopal Church, Oak
Hills Church pastor, Holy Cross Church, and Living Faith Christian Church in some
detail.
The comments from my contacts were very clear about what they want. The trend is
toward “mega-facilities’’ with a church including teaching center, play areas, overnight
facilities, and massive parking areas. Most respondents were looking for a site between
three and five acres; our site is only two acres. Various organizations tried to talk me into
putting the church at our recreation centeddaycare site because it was larger. This was
not feasible because the Master Plan required a recreation centeddaycare site.
To summarize, I was surprised by the nearly unanimous lack of interest in our
community service site but realize that the numerous comments about the inadequate size
indicate that churches and other community facilities need larger sites than they did in
Bill Compas -page 2 of 2
September 11.2000
1992 when this site was chosen. The choice of the site and its acreage was determined
based on a survey of church sites in Carlsbad in 1992 and input from City staff. Our
sales contract with Kindercare, which has been approved to construct a daycare facility
adjacent to our recreation center, prevents us from locating another davcare facility in the
Master Plan. This has prevented us from marketing the site to daycare facilities. I hope
this information helps you reach the same conclusion. If you have any questions. 1 can be
reached at (760) 931-1980.
Sincerely,
Continenil Residential, Inc.
Division President
Cc: Planning commission
Gary Wayne
Van Lynch
EXHBlT "G
June 30. 1999
Dear Friend,
Please allow this letter to transmit location maps and site plans for a 2.0 net acre
community services facility in San Diego County's newest master planned community.
Rancho Carrillo. Within the gently sloping hillsides of Carlsbad, Rancho Carrillo is,
blossoming into a community of residential villages +nd wildlife corridors. From the
meandering walking paths which join each village to the historic park, state-of-the-art
elementary school, and E future community services facility, Rancho Carrillo will be
one of the prime addresses in coastal Noh County.
Seven model home complexes arc currently open and residents are already moved in.
Your future community services facility pad is graded and access streets arc completely
paved; the City of Carlsbad is awaiting your site development plans. The purchase price
for this ready to go parcel is a very competitive 5500,000. For additional information I
can-be reached at (760) 931-1980. Call now for an appointment to see this propeny; I
look fonuard to hearing from you soon.
Sincerely,
Continental Homes
David Lother
Vice President, Development
Enclosures
T 17001 Q31-I980 F: i7601 931.0237
A Conlnenrai Homes Cornrnunlry
www.::uecalifornla.com
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74
73
. ..
November 23, 1998
EXHBlT "w'
._
Dear Friend,
Please allow this letter to transmit location maps and site plans for a 2.0 acre church sire
in San Diego County's newest master planned community, Rancho Carrillo. Within the
gently sloping'hillsides of Carlsbad, Rancho Carrillo is blossoming into a community of
residential villages and wildlife corridors. From the meandering waking paths which
join each village to the historic park, state-of-the-art elementary school, and y&u future
church site, Rancho Carrillo will be one of the prime addresses in coastal North County.
By early next Spring, seven model home complexes will be open and the first residents
will be moved in. Your future church site is graded and access streets are completely
paved; the City of Carlsbad is awaiting your church site development plans. The
purchase price for this ready to go parcel is a very competitive S500,OOO. For additional
information I can be reached at (619) 793-2580. Call now for an appointment to see th~s
property; I look forward to hearing &om you soon.
Sincerely, &% Greg Hastings
Vice President '
Enclosures
12230 El Camino Rea!. Suire 300
Sa? Dlego, CA 92130 T l619l i93-2580 F: i6l9i 733.2575
A Continental Homes Community w.Nw.iruecalifornla.com
76
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93
Planning Commission Minute March 6,2002 Page 2
HEARING
Chairperson Trigas asked Mr. Wayne to introduce the first item.
1. PCD 01-05 - RANCHO CARRILLO VILLAGE T - Request for approval of a Planning
Commission Determination to allow Village T within the Rancho Carrillo Master Plan, a community
selvice facility site, to revert back to the underlying Residential-Medium land use designation.
Mr. Wayne introduced the first agenda item and stated that it was a hearing for a Planning Commission
consider an indefinite continuance on the item as they have an offer on the property and are working out
Determination and that the applicants submitted a letter requesting that the Planning Commission
the details.
MOTION
ACTION: Motion by Commissioner Baker and duly seconded, that the Planning
Commission postpone indefinitely Planning Commission Resolution No. 5157
approving PCD 01-05, allowing the community service facility land use
designation of Rancho Carrillo Village T to revert to Residential-Medium General
Plan designation.
VOTE:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez, Heineman, Segall.
White, and Whitton
NOES:
ABSTAIN:
None
None
7-0-0
93-
Planning Commission Minutes August 7,2002
6. PCD 01-02 - RANCHO CARRILLO VILLAGE T - Request for approval of a Planning
Commission Determination to allow Village T within the Rancho Carrillo Master Plan, a community
service facility site, to revert back to the underlying Residential-Medium land use designation.
making the presentation.
Mr. Wayne introduced item #6, continued from March 6, 2002, and stated that Van Lynch would be
Chairperson Trigas asked if the applicant wished to proceed or continue the item since there was not a full
Commission.
David Watson, representing the applicant, stated he wished to proceed.
Chairperson Trigas opened the public hearing.
Van Lynch, Associate Planner, showed the location of Village T on the overhead. He stated that Rancho
Carrillo is primarily a residential development with two designated community facility sites. One of the
sites on Melrose is occupied by a daycare facility and Village T is the other community facility site. The
project was continued to allow the applicant to work with a potential buyer of the property. In September
2000, Continental came to the Planning Commission in an attempt to have the property converted to a
residential use; a Residential Medium density use is allowed pursuant to the Master Plan. At that hearing
the Commission felt the applicant had not exercised a good faith effort in soliciting the property for sale to
a community facility type user. On March 6, 2002 the applicant brought the project back again, and at that
time prior to the hearing, Jehovah’s Witnesses was interested in the property so the item was continued so the applicant could work with them to negotiate purchase of the site. At a point during negotiations the
applicant was no longer interested in the property and submitted a letter dated June 26, 2002.
Mr. Lynch stated that during the negotiations he had correspondence with Jehovah’s Witnesses. He also
had a copy of the escrow instructions that allowed them to have a 6 month purchase period in which to
process a use permit, as well as one 9O-dayextension, which should be adequate time to process a
Conditional Use Permit through the City of Carlsbad. During this entire time the property was posted for
sale and the City occasionally received interested parties which were referred to the applicant. Mr. Lynch
said to date they don’t know of anyone who has had any serious interest in the property so Staff
recommends adoption of the resolution to convert the property to residential land use.
Chairperson Trigas acknowledged receipt of a letter from Ken Chernish dated March 11, 2002.
Chairperson Trigas wanted to clarify if Jehovah’s Witnesses was given the opportunity for a Conditional
90-day extension was written in the escrow instructions for Jehovah’s Witnesses to process their Use Permit of 6 months and an additional amount of time beyond that. Mr. Lynch replied that a one time
application prior to the close of escrow. He said he didn’t know how negotiations went with Continental.
He said they received the March 1 Ith letter stating they could not proceed at that time, and a copy of the
escrow instructions which allowed Jehovah’s Witnesses to have a 180 day permit process time and a one
time 90-day extension.
Witnesses felt that wasn’t enough time and if they were not allowed in the escrow instructions that before
Chairperson Trigas, referring to the March 11, 2002 letter from Mr. Chernish, asked if Jehovah’s
close of escrow they would be assured they would get the CUP. Mr. Lynch replied that is correct. The intent in the escrow instructions was that they were giving t ime, 1 80 days p Ius a 9 0-day extension t 0
question. Escrow wasn’t contingent on the approval of a Conditional Use Permit but made allowance for
process a use permit. Whether they could fulfill it or receive approval in that timeframe would be another
them to process their permit application and they never began that process.
Commissioner Dominguez stated it looks like a resubmittal of the March 6 item. He said as he
try and reach nonprofit organizations to ask if they were interested in this key piece of property. There’s
remembered the discussion led by Commissioner Segall, there was going to be a more concerted effort to
no evidence of that in this new item. He asked if he was to assume that they just allowed the existing
potential applicant‘s agreement to expire and nothing else was done. Mr. Lynch replied that there was
another marketing attempt done by Continental Homes. Commissioner Segall interjected with a point of
Planning Commission Minutes August 7,2002 Page 12
clarification that it was not heard on March 6, it was continued before the hearing, and he thought Commissioner Dominguez may have been referring to the September, 2000 hearing.
Chairperson Trigas asked where there was evidence of additional mailings or contacts. Mr. Lynch
example of the marketing brochure, and email and faxes and broker mailing to all major brokers in San
responded that there is a solicitation package itemized as Exhibit E, January 16, 2001. There is an
Diego County, and a direct mailer to businesses and groups applicable to the zone for this parcel. They
utilized the S IC codes to sort for users oft his type of property. T here is a comprehensive 1 ist of the
organizations and their locations that received mailings.
Commissioner Segall said it appears that Lee &Associates was retained on January 16th and resigned on
April 4th saying they couldn't find anyone, so the extent of their search was two and a half months. Mr.
Lynch said that was the subsequent search.
David Watson, 600 W. Broadway, San Diego, stated he is the attorney representing the developer,
Continental Residential. In response to the Commission's question regarding the status of the Jehovah's
Witnesses negotiations, he stated there were a series of correspondence and negotiations between the
parties and the escrow instructions were prepared that the Staff referred to. No contract was ever signed
the process of negotiating the timeline to give them the opportunity to apply for a CUP, but they chose an
because Jehovah's Witnesses ultimately found a larger site they thought was more suitable. They were in
alternate site.
With respect to the evidence in the record, Mr. Watson said pages 3 and 4 of the Staff Report summarize
what happened since the September 2000 hearing. When Lee & Associates was retained in January of
2001, they immediately emailed more than 500 brokers in the area, prepared brochures, and did direct
mailings to approximately 857 potential buyers. Those were followed up with phone calls and subsequent
attempts to contact people. After 4 months Lee 8 Associates terminated the listing on their own initiative
because they felt it was a useless exercise. In their letter they stated they felt the limitations of the
property, particularly the size and location and the zoning restrictions didn't warrant any further time,
energy, and expense on their part.
Mr. Watson stated that the s ite has been on the m arket s ince then and there have been subsequent
phone calls and contacts periodically. The actions that were taken before September of 2000, plus the
actions taken since September 2000, have led Continental to the conclusion that this site isn't acceptable
for the types of uses desired. Mr. Watson said you are correct in trying to balance community facilities
with the needs of the residential homes being built, but if there was a demand, with the efforts that have
been made, someone would have stepped forward, He said the successful churches are looking for
larger sites. A childcare facility would be perfect there, but there is already a childcare facility in the
neighborhood that is only at a 5 0 percent capacity a nd it a Is0 has an exclusivity right in that a rea for
awhile.
Mr. Watson said that based on review of the facts, minutes, and your comments, Continental has made an honest and reasonable commercial effort over the last 2-3 years in an attempt t o satisfy what t he
current Master Plan calls for. He said he knew that since the Master Plan was adopted there are now
more stringent requirements in other master planned communities. He said Continental has tried in good
faith to comply with the rules and sometimes as decision-makers you have to make decisions you don't
two years longer than the plan originally required, and recognize that all the evidence indicates they made necessarily like. He said they're hoping you'll look at the efforts over the course of the last several years,
good faith efforts. They have done everything you've requested over the last few hearings and there is no
evidence to indicate that they haven't acted in good faith. He asked that the Commission adopt the Staff
recommendation and thanked them for the opportunity to speak.
Commissioner Segall asked what specific proactive efforts were made since April 4, 2001 when Lee &
Associates backed out. Mr. Watson said the effort has been more reactive to what Lee & Associates
started. Continental thought they had done a pretty good job on their own and got only one serious
negotiator. It was disheartening to have the broker quit after four months of effort, and it was more of a matter of what more could we do. Just to continue this seemed like a waste of time. The property still has
been on the market, phone calls have been made, but it hasn't been as intensive as what it originally was,
mainly because the results speak for themselves. It's been on the market for 5 years; there have been
intensive efforts during that time and each case has resulted in mlnimal results from the community. Mr.
Planning Commission Minutes August 7,2002 Page 13
Watson said when you send out something to over 850 people you would think that if they really want it, at
trying to comply with your requirements and the regular market forces.
some point someone is going to remember it's on the market and come after it. It's a combination of
Watson said a typical seller isn't going to want to put the deal at risk for getting a Conditional Use Permit.
Commissioner Segall, referring to the March 11th letter, asked what was unacceptable to the seller. Mr.
A final decision had not been made on that. We were trying to alleviate the risk that they were trying to
avoid, which was not getting their entitlement, by giving them a fairly lengthy period of time to get a CUP.
when they found another site negotiations never went further. It was a typical seller not wanting to accept
It seemed like 270 days was a reasonable period of time for a project that would have been welcomed, but
the risk versus the buyer not wanting to have any risk, so as a compromise we were trying for a long
period of time.
Commissioner Dominguez asked if that obstacle could have been overcome by making the CUP a
contingency of s ale, protecting b 0th the buyer and the seller. M r. Watson said that's what Jehovah's
Witnesses wanted, but they were offered 270 days. He said that wasn't the issue that finally changed the
deal; they found a larger site that was more suitable for their purposes, so it basically became irrelevant.
Chairperson Trigas opened and closed public testimony.
Commissioner Segall said the way the Master Plan reads they have 3 years to find a community facility
group that would move into this facility. He asked if we now have 10 years on the books with the new
ordinance. Mr. Wayne said the new ordinance is stricter than the 10 years. It's reserved for 10 years from
the final inspection of the last unit of the first residential planning area. There is no auto reversion,
reversion requires a major Master Plan amendment, and as a finding for that major Master Plan
Amendment, it has to be based upon infeasibility that it will ever be developed with community facility
uses. The new ordinance is by far geared toward reserving that site for a long, long time.
Commissioner Heineman wanted to clarify they're not operating under the new ordinance. Mr. Wayne
replied they're not.
signed, are escrow instructions for the buyer. If they are escrow instructions for the buyer, then the
Mr. Wayne said it's not clear to Staff in reviewing the documents. It looks as if the escrow instructions, not
buyer's representative is basically saying that the seller rejected those escrow instructions. He said so as
not to mislead anyone, maybe the seller can clear that up on the record, because the issue is how long did
they really have. Was it the seller giving them 180 days plus one 90-day extension or was it the buyer
requesting it and that was then rejected because you have a letter stating that they rejected.
Mr. Watson said it's a series of correspondence that is typical negotiation. The seller made that offer and
it was rejected, however. conversations and negotiations continued after that and ultimately Jehovah's
Witnesses chose another site for different reasons. There was never a signed contract and there was a
rejection of that specific proposal but that did not mean that there weren't ongoing discussions. His
understanding was that they were here not that long ago. Jehovah's Witnesses were interested in the
property for a while and there were discussions with them for a while and these issues were going back
and forth until they actually found another site.
Chairperson Trigas said you indicated the seller offered that length of time and then the buyer rejected
that. They in turn said they wanted the CUP at the close of escrow. Mr. Watson said he didn't know if it
was that precise. In negotiating deals lawyers are talking to brokers, brokers are talking to sellers and
closing. That is the issue that was never culminated; the buyer wanted it, the seller didn't. That issue was
buyers. The ultimate issue was whether or not obtaining a CUP was going to be a contingency of the
never totally resolved because they ultimately found another site.
Chairperson Trigas said from the letter dated March of 2002 it appears that basically the issue was the
found another site. Mr. Watson said they found another letter. Chairperson Trigas said she understood
CUP and they were probably very discouraged and gave up on it. They don't mention anything that they
that now. Mr. Watson added that because of the Commission's interest in this there was a certain
leverage that a clever buyer could use to try to negotiate more favorable terms than they normally could.
dimension to the process so it would be easy to make matters public to try to increase their bargaining
Knowing that the Planning Commission is looking over the entire negotiating process would add a new
position.
Planning Commission Minutes August 7,2002 Page 14
Chairperson Trigas asked when the daycare’s exclusivity expires. Mr. Watson did not know the period of
time; he said it was in the purchase agreement when they bought the property.
Commissioner Segall asked Mr. Wayne if the Commission decided they wanted to extend it to 10 years
and keep the site open for a good faith effort to try to find something, could they do that. He added if they
allow it to go away as a community facility, he has a concern because Bressi Ranch was just approved
and Villages of La Costa was just approved with facilities that is contiguous to this property and there’s
another one coming up. Mr. Wayne said the City Council has a policy to review master plans every five
years with the focus of bringing them up to date. The process would be to request the City Council to
direct Staff to amend the master plan to apply the CF zone to this site to clarify its intentions on the site.
Commissioner Segall said he would support that.
Commissioner Dominguez wanted to know how soon the master plan revision could be initiated if they ask for it. Mr. Wayne said they would take an agenda bill carrying the Commission’s minute motion to the City
Council with all due haste and then it would be up to them. Commissioner Dominguez said that may be
the ultimate solution and asked if that would then update the community facility requirement and sustain it
You have to prove infeasibility that it will ever be used for community facilities, there is no automatic
in perpetuity. Mr. Wayne said with the rules in effect today, there is a way out, however not an easy way.
reversion, and it‘s done at a full public hearing.
Commissioner Segall added that when Poinsettia and El Fuerte go through, this is going to be a significant
area. Maybe it has been a problem now because it‘s a dead end but in a couple years when the roads go
through it will be a key location and will serve the entire surrounding community.
Ms. Mobaldi stated that assuming the Commission is going in the direction of making a minute motion to
request an amendment to the Master Plan, they still need to take action on the item before them and make a determination on whether they made a good faith effort to satisfy this requirement. Assuming it is
found they did not, then you go further with the Master Plan Amendment. If you find they had made a
good faith attempt, that action wouldn’t be in order.
MOTION
ACTION: Motion by Commissioner Segall and duly seconded, that the Planning
Commission deny Planning Commission Resolution No. 5157. (PCD 01-05)
DISCUSSION
Commissioner Segall stated that the reason he would deny it is because almost two years later he does
not feel a good faith effort has been made to sell the property. He finds it difficult that a major commercial
real estate company would j ust resign the account without really trying. E ven though they did resign,
nothing has happened from 2001 until now in an active way to sell the property.
Commissioner White agreed with Commissioner Segall and she found the correspondence the
perhaps indicating that the developer did not give the church a chance to pursue this project because of
Commission had access to concerning the Jehovah’s Witnesses project somewhat confusing and
the denial of the Conditional Use Permit. She said she was troubled by the fact they entered into an
agreement with a daycare facility from the very beginning that was an exclusive contract and prevented another daycare facility from buying this property, eliminating one strong possible use for this property as a
community facility.
directions for the Master Plan revision would be part of whatever they do this evening. He said he was not
Commissioner Dominguez said he could support the motion but would like some assurance that the
convinced that a sustained good faith effort had been conducted.
Commissioner Heineman stated he was in agreement with his fellow Commissioners.
Commissioner Whitton’s opinion was that there was not a sustained effort and he wasn’t convinced that
there was a decent effort to start with.
99
Planning Commission Minutes August 7,2002 Page 15
Commissioner Segall stated that, in reference to Commissioner White’s comments, to his recollection the
exclusivity of the daycare center was to negotiate to bring a significant organization (Kindercare) into the
project and that was one of the conditions. He said he thought that was a good move and didn’t think
there was an effort to circumvent.
VOTE: 6-0-0
AYES:
Whitton
Chairperson Trigas. Commissioners Dominguez, Heineman, Segall, White, and
ABSTAIN:
NOES: None
None
MINUTE MOTION
ACTION: that the City Council revise the Master Plan for Carrillo Ranch Village T to allow Minute Motion to the City Council by Commissioner Segall and duly seconded,
the communityfacilities district adhere to current standard.
VOTE: 6-0-0
AYES: Chairperson Trigas, Commissioners Dominguez, Heineman, Segall. White, and
Whitton
ABSTAIN: NOES: None None
Mr. Wayne added that the Planning Commission’s action is final unless appealed to the City Council
APPEAL FORM
I (We) appeal the decision of the Carlsbad Plannins ccnmission reqardinq rn 01-05 Rancho
to the Carlsbad City Council. mill0 village T
Subiect of Ameat:
BE SPECIFIC Examples: if the action is a City Engineer's Decision, please say so. If a project has
multiple elements. (such as a General Plan Amendment. Negative Declaration, Specific Plan, etc.) please
list them all. If you only want to appeal a part of the whole action, please state that here. 1 P1 'n
to the underlvinq residential zoninq is unsupported
llant the riqht to use and develop
rt" -
Reasonfsl for ADDeat: Please Note Fallure to specify a reason may result in denial of
the appeal, and you will be limited to the grounds stated here when presenting your appeal.
BE SPECIFIC HOW did the decision maker err? What about the decision is inconsistent with state or local
laws, plans, or policy?
The Rancho Carrillo Master Plan has set Village T asi& for a romrmnity SerViCe
facility, but provides that the plan designation will revsrt to residential within
3 years after qradinq (which occurred in 1997) if the Planning cdssion d termines
that the Appellant tried in gccd faith to find a ccmnunity service user. T e
Plannins Camission erred in finding that the Appellant faild to exercise faith. 1 W 1998, the has: 1) mailed mre than 810 solicitation packages
advertisinq the 3.44 (2.33 net acres) acres site to various cmunity service
2) sent out--z&ye than 500 e-mils to major brokers in San Diego ,, . , &," ' & e (SEE ATTACHED) (760 1 931 ' 1980
SIGNATURE PHONE NO.
County to publicize the availability of the site; 3) mailed direct-mail brochures to 857 businesses;
and 4) has made follow-up phone calls to these targeted businesses.
Despite Appellant’s efforts, only three phone calls were made regarding the property with no
subsequent interest. Moreover, the only serious offer resulted in the potential purchaser deciding
to purchase another property instead of Village T.
;760 720 6917 # 1/ 1
APPEAL FORM
I (We) appeal the decision of the Carlsbd Planninq ccmu
to the Carlsbad City Council. Carrillo Village T
'ssion reqardinq PCD 01-05 Rancho
Date of Decision you are appealing: August 7, 2o02
Subiect of ADaeal:
multiple elements. (such as a General Plan Amendment, Negative Declaration, Specjfic Plan. etc.) please
BE SPECIFIC Examples: if the action is a City Engineer's Decision, please say so. If a project has
list hem all. If you only want to appeal a part of the whole action, please state that here.
% Carlsbad Planninq Corranission's decision to deny the reversion of Village T
to th? underlvinq residential zoninq is unsupported
llant the riqht to use and develop
Reasonls) for Ameal: Please Note Failure to specify a reason may result in denlal of
The ~ancho Carrilio Master plan has set Village T aside for a munity service
facility, but provides that the plan designation will revert to residential within 1
3 years after qradinq (which occurred in 1997) if the Planning Camission dbtermines
that the Appellant tried in gccd faith to find a comnunity service user. T e
Planninq Camission erred in finding that the Appellant faild to exercise g faith.
sincp 1998, the 1 nnn;rlt has: 1 ) mailed mre than 81 0 solicitation packages
advertisinq the 3.44 (2.33 net acres) acres site to various munity service
than 500 e-mails to major brokers in San Diego
-.~ (SEE , A'ITACHED) (760) 43f . /?$O
SIGNATURE PHONE NO.
PA-VID A. Lc"f+zZt?z
NAME (please print)
-1
DATE
S/f 4 /* 2-
County to publicize the availability of the site; 3) mailed direct-mail brochures to 857 businesses;
and 4) has made follow-up phone calls to these targeted businesses.
Despite Appellant’s efforts, only three phone calls were made regarding the property with no
subsequent interest. Moreover, the only serious offer resulted in the potential purchaser deciding
to purchase another property instead of Village T.
MEMORANDUM
TO: Jane Mobaldi
Bobbie Hoder
Van Lynch
Michele Masterson
FROM: Isabelle Paulsen
Deputy City Clerk
SUBJECT: Appeal of PCD 01-05 Rancho Carrillo Village T
I have received an appeal from Horton-Continental Homes. This appeals the
decision of the Planning Commission regarding PCD 01-05 Rancho Carrillo
Village T.
Attached is a copy of the appeal and check submitted to cover the cost of the
appeal process.
lijp
Attachments
1 HECHT
SOLBERG
ROBINSON
BAGLEY
November 12,2002
Honorable Mayor and City Councilmembers
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
Re: PCD 01-05 - Rancho Carrillo Village T: Appeal of Planning Commission’s Decision
to Deny Reversion to Underlying Residential Zone
Agenda of November 19,2002
Honorable Mayor and City Councilmembers:
This firm represents Continental Residential, Inc. (CRI), in connection with its
development of Rancho Canillo. This appeal relates to the area designated as Village T in the
Rancho Canillo Master Plan (“Master Plan”) and its reversion to its underlying Residential-
Medium (“RM”) General Plan designation pursuant to the express terms of the Master Plan.
I. Reauested Action: We respectfully request the City Council grant this appeal and
make the requisite determination that CRI exercised “good faith” in marketing the property for
use as a community service facility and thus allow Village T to revert back to its RM designation
as required by the Master Plan. Such a determination is supported by all the evidence and was
recommended by your staff when this matter was heard by the Planning Commission.
11. Backeround: The Rancho Canillo Master Plan was originally approved by the
City of Carlsbad in 1972 and was significantly amended in 1993. The Master Plan is divided
into Villages A through T and identifies the allowable types and intensity of land uses in each
village. There was no provision for community service facilities within the original Master Plan
or the subsequent 1993 amendment. It was not until the City Council approved further revisions
to the Master Plan on October 21, 1997 that Village T was conditionally designated as a
community service facility use . Significantly, the revised Master Plan provides that Village T
will “revert” back to its original RM designation within 3 years after certain grading work’ is
completed if the Planning Commission determines that CRI tried in “good faith” but failed to find
‘The Master Plan identifies the grading of the right-of-way for El Fuerte Street or the
collector street (Rancho Pancho) adjacent to the site as the requisite grading work.
ATTORNEYS ATLAW ~OOWE~?BKOADWAY, EIGHTHFLCOR Sm DIEGO, hFOUNU92lol TELEPHONE 619.239.3444 FACSIMILE 619.232.6828
a community service user. Specifically, Section 20 @) of the Master Plan mandates that such a
determination "shall be grunted upon a showing by the applicant that they have made good faith
efforts to market the site." This grading work was completed by CRI in July 1997.
Since 1998, CRI has engaged in substantial efforts to market the property for community
service use. A number of different agents were used and a variety marketing vehicles were
utilized to market the property. The following is a chronology of these marketing efforts as well
their results:
MARKETING OF VILLAGE T
a November 23, 1998: The first solicitation package for Village T was sent to 595
individuals and businesses by Greg Hastings of Horton Continental Homes
("Horton"), CRI's affiliate.
a June 30, 1999: A second solicitation letter was sent to 215 additional individuals
and organizations by David Lother of Horton.
a Result: Five religious organizations expressed some initial interest in
Village T: Jehovah's Witnesses, Episcopal Church, Oak Hills Church,
Holy Cross Church and Living Faith Church. No community groups
expressed any interest. Upon investigation, only the Jehovah's Witnesses
appeared to have any continuing interest in the property.
December 20, 2000 As requested by the Planning Commission during a
September 2000 hearing, CRI retained Lee & Associates, a prominent real estate
broker to market the property. During the period between December 20,2000 and
April 4,2001, Lee & Associates engaged in the following marketing efforts:
a Email and faxes were originally sent to 620 major brokerage houses and
individual brokers, and were re-sent on a targeted basis each month
thereafter.
a Between 90 and 120 cold calls were made to potential buyers within the
first 90 days.
A mailer was sent to approximately 1000 organizations whose businesses
were listed as acceptable for the uses of Village T. The mailer was also
sent to 51 brokerage companies.
Village T was listed with LOOPNET, the largest real estate listing service
in the nation and COMPSKOSTAR, which is the largest regional listing
services used by real estate brokers.
Honorable Mayor and City Councilmembers
November 12,2002
Page 3
e Result: On April 4,2001, Lee & Associates terminated the listing
agreement with CRI due to lack of interest in Village T. Lee & Associate's
intensive marketing strategy resulted in only 3 telephone calls, none of
which expressed serious interest in the property. In the termination letter,
Peter Cuny of Lee & Associates stated: "While we appreciate the
opportunity to work with you and your company, unfortunately we feel
that the limitations of this property (i.e. size, location and zoning
restrictions) do not warrant further time and energy and expense on our
part."
e April 2001 through February 2002: Even though the listing agreement was
terminated, CRI maintained monthly contact with Lee & Associates regarding
ongoing marketing efforts of Village T and the "For Sale" sign was prominently
displayed on the property throughout this time period.
Finally, on February 12,2002, CRI received an offer to purchase Village T from the
Jehovah's Witnesses. CRI presented the Jehovah's Witnesses with a counteroffer to give them a
commercially reasonable time to process the appropriate entitlements for a church. Despite
several follow-up phone calls by CRI, no response to its counteroffer was ever received. CRI's
broker, Peter Curry, eventually learned from a third-party that the Jehovah's Witnesses were
pursuing an alternate site.
Based on the obvious lack of interest in the site as a community services facility and the
failure of repeated marketing efforts to generate any such interest, CRI asked the Planning
Commission to make the necessary determination to allow Village T to revert back to its RM
designation.
August 7.2002 Planning Commission Hearing. This matter was last heard by the
Planning Commission on August 7,2002. Notwithstanding CRI's substantial and well
documented marketing efforts and a favorable City staff recommendation, the Planning
Commission nonetheless denied CRI's request and refused to make the necessary determination
on the purported grounds that CRI had failed to make a good faith effort to market the property.
For reasons that remain unclear, the Commission's decision appeared to turn on a belief that CRI
somehow failed to act in good faith with respect to the offer received from the Jehovah's
Witnesses.
CRI explained at the hearing that it had, in fact, responded to the offer in good faith and
that the deal fell through due to lack of interest by the Jehovah's Witnesses. This was confirmed
in an August 19,2002 letter from Ken Chemish of the Carlsbad Congregation of Jehovah's
Witnesses (attached hereto as Exhibit A), and an August 20,2002, letter from Richard Schroeder,
Honorable Mayor and City Councilmembers
November 12,2002
Page 4
the former Vice President of Acquisitions for Horton-Continental Residential, Inc. (attached
hereto as Exhibit B). Other than the assertion relating to the Jehovah's Witnesses' offer, the
Planning Commission failed to identify any specific evidence of bad faith on the part of CRI.
City Staff Recommendation. Surprisingly, City staff now recommends denial of our
appeal. This is particularly troublesome given the fact that staff supported our position at the
Planning Commission and the Staff Report strongly supported the conclusion that CRI had
engaged in a good faith effort to market the property. Moreover, staff failed to provide any
explanation for the change of heart and the only additional information that has come to light
since the Planning Commission hearing are the two letters referenced above that serve to
strengthen our position. Consequently, we would ask that you consider staffs current position
against the backdrop of the earlier Staff Report and its previous recommendation. At the very
least, some sort of explanation for the current position is warranted.
111. Discussion: The City Council should grant this appeal and make the necessary
determination that CRI made a good faith effort to market the Property as a community service
facility on the grounds the Planning Commission's decision was not supported by the evidence
and that there is substantial evidence in the record that CRI did meet the good faith standard.
In order to make this determination, the Council must evaluate CRI's conduct against the
backdrop of how "good faith" is defined under California law.
A. "Good Faith" is "Honesty in Fact" and the Observance
of Commercially Reasonable Standards.
The law defines good faith as "honesty in fact" with "the observance of reasonable
commercial standards of fair dealing." E.g., Civil Code S1102.7, S1103.7; Commercial Code
§1201(19), §2103(l)(b), §3103(a)(4), §8102(a)(10), §9102(a)(43). Courts sometimes refer to
"'objectively reasonable conduct, regardless of the actor's motive."' Badie v. Bank ofAmerica
(1998) 67 Cal.App.4th 779,796. What constitutes "good faith" depends on context; for example,
it can include a recognition of disproportionate financial burdens. Brehm Communities v.
Superior Court (2001) 88 Cal.App.4th 730,734-735.
Thus, in order to demonstrate good faith with respect to its marketing efforts, CRI must
demonstrate that it acted with "honesty in fact," that it observed commercially reasonable
standards of fair dealing, or that its conduct was objectively reasonable. As outlined above, CRI
more than meets these standards.
Honorable Mayor and City Councilmembers
November 12,2002
Page 5
B. CRI’s Marketing Efforts Clearly Meet the Good Faith Standard
and this Determination is Support by Substantial Evidence
A determination of good faith under these standards turns on both the scope and
legitimacy of the CRI marketing effort. There should be no doubt that the scope of CRI’s effort
satisfied these standards. As outlined in this letter, the scope of CRI’s marketing efforts was
expansive. CRI mailed nearly one thousand letters to entities that conduct community service
uses, based on a mailing list from a highly-respected source, but received virtually no interest.
CRI engaged a real estate broker specializing in non-residential property; the broker prepared a
brochure, sent email to all major brokers in the county, and mailed directly to many community
use providers, again to no avail. When the Commission earlier questioned whether all religious
denominations had been contacted, CRI took action to insure they were all contacted.
By any measure, CRI’s marketing effort comports with commonly accepted industry
practices. This is how real property is normally marketed, but it failed in this instance. “Good
faith” is considerably less than “best efforts” or other tests under California law, but thousands of
direct solicitations via letter and email would qualify even under those more rigorous standards.
Similarly, there should be no doubt about the legitimacy of CRI’s efforts. The property
was listed for $500,000 and an analysis of comparable sales figures confirmed the validity of the
listing price. Clearly, CRI ‘s asking price was commercially reasonable, and, taken together with
expansive scope of the marketing efforts, underscores the legitimacy of the effort. The reason the
property cannot be marketed is likely due to a shift in the needs of community services since
Village T was created. Village T consists of a parcel that contains only 2.33 net acres. Based on
information gleaned from the churches and other community service providers that CRI
contacted, it appears that such providers require considerably more land. The initial designation
of Village T was made in good faith (and under exacting City supervision), but the parcel is
simply not desirable for the use intended in the Master Plan. The fact the Master Plan expressly
provided for the reversion of the property to the RM designation is tacit recognition that the
community service designation may be infeasible. CRI has shown good faith in seeking
community serving users, but due to the nature of the property no such buyers have been willing
to pursue purchasing the property.
The reversion to RM was supposed to take place three years after grading began for
adjacent streets. As noted above, the grading was performed in July 1997, making the reversion
about two years overdue. Until the City Council finds that good faith was exercised and allows
the designation to revert to RM, the property cannot be used, and CRI is being deprived all
reasonable economic use of the property.
Honorable Mayor and City Councilmembers
November 12,2002
Page 6
IV. Conclusion: For these reasons, we respectfully request the City Council grant the
appeal and make the requisite determination of good faith, as originally recommended by City
staff when the matter was heard before the Planning Commission. The record clearly
demonstrates that CRI has, in good faith, made extraordinary efforts to market Village T for use
as a community service facility. CRI has hlfilled its obligations under the Rancho Carrillo
Master Plan in good faith, and we ask that the City Council make the necessary determination
and thus allow the site to revert back to the underlying RM zone.
Very truly yours,
David E. Watson
HECHT, SOLBERG, ROBINSON, GOLDBERG & BAGLEY LLP
DEW:nsh
cc: Nancy Nemec
Raymond R. Patchett, City Manager
Ronald R. Ball, City Attorney
City Clerk's Office
PAGE 81/81
EXHIBIT A
Carlsbad Congregations oflehovah’s Witnesses Ken Chemish
P.O. Box 2695 Esmdido, CB. 92033
Nancy Nemec
Horton Continental
5927 Priestly Dr.
Carlsbad, Ca. 92008
8-19-02
Dear Ms. Nemec:
By way of clarification, we have discontinued our interest in your property in Carlsbad
because another more suitably located site has been found. We appreciated your willingness to
try to adjust the terms to make our purchase feasible. We found that the other site was more
centrally located for us.
We sincerely appreciate the opportunity we were given to coasider your site. If my
further clasification needs to be offered to the City of Carlabad by us regarding our past interest,
please don’t hesitate to contact w.
& Sin ely,
Ken Chernisb for the Carlsbad Congregations of Jehovah’s Witnesses
”
AUG. 30, 2002 9:52AM RYLAND HOMES
August 20,2002
Mayor Claude Lewis
and City Councilmembers
city of carlsbad
1200 Carlebad Villaga Drive carlsbad, CA 92008
Re: PO 01-05: Village T, Rancho CarrilIo: Jehovah's W~CSSCS Negotiations
NO. 537 P. 1
EXHIBIT B
Dear Mayor Lewis and City Councilmembers:
I wa8 the Vice President of Acquiitions at Horton-Continental Residential, Inc. (HCRI) until
May of 2002. I am writing to provide background information on the negotiations between HCRI aud the Jehovah's Witnesses that oood early in 2002. While Vice Presided of
Acquisitions, I worked with Peter Curry at Lee & Associates to market Village T of Rancho
Carrill0 to potential buyers who would dwelop the site for community facility purposes.
On Februaty 12', of 2002, we received an offm to purchase Village T hm the Jehovah's
Witnesses who were interested in the site for their church. We presented the Jehovah's
Witnesses with a counttroffer to give them a commerciallyreasonable time to proccss the
appropriate e-ntitluncnts for a church. Despite sevd follow-up phone calk by HCRI, we neva
received a response to our counteroffm and subsequently learned that they had purchased another
site.
About the same time as our counteroffer was presented to the Jehovah's Witnesses, it WBS brought to my attention that they also had been looking at another site owned by McMillin.
I hope this clears up any confusion that may be associated with the Jehovah's Witnesses
negotiations. Please do not hesitate to contact me if I can be of mer assistance.