HomeMy WebLinkAboutPCD 01-05; Rancho Carrillo Village T; Planning Commission Determination (PCD)PCD 01-05
RANCHO CARRILLO - VILLAGE T
APN: 222-600-01-00
Status: DENIED
Application date: November 13, 2001
CITY OF CARLSBAD
LAND USE REVIEW APPLICATION11
1
APPLICATIONS APPLIED FOR: (C
Administrative Permit - 2nd
Dwelling Unit
Administrative Variance
Coastal Development Permit
Conditional Use Permit
' Condominium Permit
Environmental Impact
Assessment
General Plan Amendment
Hillside Development Permit
Local Coastal Plan Amendment
Master Plan
Non-Residential Planned
Development
Planned Development Permit
2) ASSESSOR PARCEL NO(S).:
3) PROJECT NAME:
HECK BOXES)
(FOR DEPARTMENT
USE ONLY)
X
Planned Industrial Permit
n
Planning Commission I
Determination \
Precise Development Plan
Redevelopment Permit
Site Development Plan
Special Use Permit
Specific Plan
Tentative Parcel Map
Obtain from Engineering Department
Tentative Tract Map
| Variance
Zone Change
List other applications not
specified
(FOR DEPARTMENT
USE ONLY)
CD 4^
022-600-01
Rancho Carrillo Village T
A\ DDICC nccrniDTiriM HP onn icrT Request for approval of a Planning Commission Determination to allow Village4) BHIhh UbbUttir 1 IUN Uh KHUJtU 1 . T t£) revert bgck to the under|ying Residential-Medium land use designation
5) OWNER NAME (Print or Type)
Continental Residential, Inc.
MAILING ADDRESS
2237 Faraday Avenue,
CITY AND STATE
Carlsbad, CA
I CERTIFY THAT I AM THE
INFORMATION IS TRUE
KNOWLEDGE. r-j / A
^r^-^f^^^SIGNATURE ^
Suite 100
ZIP TELEPHONE
92008 (760)931-1980
LEGAL OWNER AND THAT ALL THE ABOVE
AND CORRECT TO THE BEST OF MY
f
g? (O//o/o/
DATE (
6) APPLICANT NAME (Print or Type)
Hofman Planning Associates
MAILING ADDRESS
5900 Pasteur Court,
CITY AND STATE
Carlsbad, CA
I CERTIFY THAT I AM
OWNER AND THAT ALL
CORRECT TO THE BEST
KJU? /&%-
SIGNATURE 0
Suite 150
ZIP TELEPHONE
92008 (760) 438-1465
THE LEGAL REPRESENTATIVE OF THE
THE ABOVE INFORMATION IS TRUE AND
OF MY KNOWLEDGE.
DATE
7) BRIEF LEGAL DESCRIPTION Lot 103, of Carlsbad Tract No. 93-04 Rancho Carrillo Village "Q", in the
City of Carlsbad, County of San Diego, State of California
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M.
Form 16 PAGE 1 OF 2
, A PROPOSED PROJECT REQUIRING ON^DNE APPLICATION BE FILED, MUST BE
8) LOCATION OF PROJECT:
ON THE
BETWEEN
ED PRIOR TO 4:00 P.M.
NORTH
STREET ADDRESS
SIDE OF RANCHO PANCHO
(NORTH, SOUTH, EAST, WEST)(NAME OF STREET)
EL FUERTE AND PASEO LUNADA
(NAME OF STREET)
9) LOCAL FACILITIES MANAGEMENT ZONE
10) PROPOSED NUMBER OF LOTS
13) TYPE OF SUBDIVISION
16) PERCENTAGE OF PROPOSED
PROJECT IN OPEN SPACE
19) GROSS SITE ACREAGE
22) EXISTING ZONING
(NAME OF STREET)
dENT ZONE
NA
NA
NA
3.44
PC
11)
14)
17)
20)
23)
18
NUMBER OF EXISTING
RESIDENTIAL UNITS
PROPOSED IND OFFICE/
SQUARE FOOTAGE
PROPOSED INCREASE IN
ADT
EXISTING GENERAL
PLAN
PROPOSED ZONING
NA
NA
NA
RM
NA
12) PROPOSED NUMBER OF
RESIDENTIAL UNITS
15) PROPOSED COMM
SQUARE FOOTAGE
18) PROPOSED SEWER
USAGE IN EDU
21) PROPOSED GENERAL
PLAN DESIGNATION
24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS
TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT
TO ENTF
FOR CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE FEE REQUIRED
DATE STAMP APPLICATION RECEIVED
REC!
TOTAL FEE REQUIRED
BY:
DATE FEE PAID RECEIPT NO.
Form 16 PAGE 2 OF 2
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: Rancho Carrillo - Village T
APPLICANT NAME: Continental Residential. Inc.
Please describe fully the proposed project by application type. Include any details
necessary to adequately explain the scope and/or operation of the proposed project.
You may also include any background information and supporting statements regarding
the reasons for, or appropriateness of, the application. Use an addendum sheet if
necessary.
Description/Explanation:
Background
Village T of Rancho Carrillo is located on the northeast corner of El Fuerte and
Rancho Pancho. The property contains a gross area of 3.44 acres, a net pad area of
2 acres and has already been graded as part of the mass grading of the approved
Rancho Carrillo Master Plan. The Rancho Carrillo Master Plan required that Village T
was to be made available as a community services site for three years following the
commencement of the grading for El Fuerte Street or the collector street adjacent to
the site. At that time it would revert to its underlying General Plan land use of RM
Residential Medium subject to approval of a Planning Commission Determination
which would be granted upon evidence by the applicant that they have made a good
faith effort to market the site to a community facility type of use during the three
year period without any success.
When this request was previously presented to the Planning Commission in
September 2000, the Commission could not make a finding that a good faith effort
was put forth to secure a buyer for the property. In addition, it was noted by some
members of the Planning Commission that the mailing list provided was not inclusive
of all religious groups. At the direction of the Planning Commission, Continental
Residential, Inc. subsequently listed the site with a commercial real estate broker.
Continental Residential Inc. has since put forth a continuing effort to market this
property to churches (inclusive to all religious groups) and other community facility
type of uses. In January 2001, Lee & Associates, a commercial real estate broker,
was retained to perform marketing services for Continental Residential, Inc. Over
500 emails (7 of the email addresses were used by multiple individuals) were sent to
all major brokers in San Diego County. In addition to the emails sent, hard copies via
U.S. Mail as well as faxes were sent to each broker house and individual regional
brokers (see attached list). Furthermore, a brochure mailing was sent directly to 857
businesses and groups applicable to the zoning for the parcel.
Rev. 10/96
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 Bernardo, 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
emails/faxes/mailings to brokers and direct brochure mailings to 857 businesses
(including individual/family services, civic/social associations, and religious
organizations), follow up phone calls were made to targeted businesses.
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 total lack of interest in this site they took the highly unusual step of terminating
the listing agreement with Continental Residential, Inc. Since that time Continental
Residential, Inc. has not received any offers on the property.
Conclusion
Continental Residential, Inc. has made a good faith effort to market Village T to
churches and other community facilities for several years. The limitations of the
property including size, location, and zoning restrictions make this parcel virtually
impossible to sell. Despite listing the site with a commercial real estate broker (Lee
& Associates) as was suggested by several Planning Commissioners, they have been
unsuccessful in selling the parcel. The broker has even taken the highly unusual
step of terminating the listing agreement with Continental Residential, Inc. Due to
the lack of interest by community facility type of use in this site Continental
Residential, Inc. is requesting approval of a Planning Commission Determination to
allow Village T to be developed per its existing Residential-Medium General Plan
Designation.
Rev. 10/96 Page 1 of 1
.It
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will require
discretionary 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 submittal. Your project cannot
be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city
municipality, 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 the applicant and property owner must be
provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial
interest in the application. If the applicant includes a corporation or partnership, include the
names, title, addresses of all individuals owning more than 10% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person N/A Corp/Part
Title Title
Address Address
2. OWNER (Not the owner's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (i.e,
partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a
corporation or partnership, include the names, title, addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-
owned corporation, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person Corp/Part Continental Residential, Inc.
Title Title
Address Address 2237 Faraday Ave., Suite 100
Carlsbad. CA 92008
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 fl])
NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the
names and addresses of ANY person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
Non Profit/Trust Non Profit/Trust
TitleTitle
Address Address
4. Have you had more than $250 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
Yes ,No If yes, please indicate person(s):_
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
Signatur/of owner/date^Signature of applicant/date
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
Applicant: HOFMAN PLANNING ASSOCIATES
Description
PCD01005
Amount
1,150.00
Receipt Number: R0024099
Transaction Date: 11/13/2001
4344 11/13/01 0002 01 02
CBP 1150-
Pay Type Method Description Amount
Payment Check 50410 1,150.00
Transaction Amount: 1,150.00
c
HECHT
SOLBERG
ROBINSON
GOLDBERG
ismm BAGLEY~
LLP
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. (CRT), in connection with its
development of Rancho Carrillo. This appeal relates to the area designated as Village T in the
Rancho Carrillo 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. Requested 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.
II. Background: The Rancho Carrillo 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, 19^jthat Village T was conditionally designated as a
community service facility use . Sigfflficantly, 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 findV
'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 AT LAW 600 WEST BROADWAY, EIGHTH FLOOR SAN DIEGO, CALIFORNIA 92101 TELEPHONE 619.239.3444 FACSIMILE 619.232.6828
a community service user. Specifically, Section 20 (b) of the Master Plan mandates that such a
determination "shall be granted 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
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"), CRTs affiliate.
June 30, 1999: A second solicitation letter was sent to 215 additional individuals
and organizations by David Lother of Horton.
• 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:
• 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.
• 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 COMPS/COSTAR, which is the largest regional listing
services used by real estate brokers.
Honorable Mayor and City Councilmembers
November 12,2002
Page 3
• 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 Curry 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."
• 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. CRTs
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 CRTs substantial and well
documented marketing efforts and a favorable City staff recommendation, the Planning
Commission nonetheless denied CRTs 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 Chernish 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.
III. 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 CRT'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 §1102.7, §1103.7; 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 of America
(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. CRTs 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 CRTs effort
satisfied these standards. As outlined in this letter, the scope of CRTs 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, CRTs 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 CRTs efforts. The property
was listed for S 5 00,000 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 sen-ing 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 fulfilled 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
From: Craig Ruiz
To: Van Lynch
Date: 7/23/02 2:42PM
Subject: Re: Carrillo Village T
what the aff. hsg agreement says is they can build a total of 1711 residential units -1455 market rate units
and 256 affordable (116 apartments, 90 condos, 50 SDUs). Since Village B is built out, then they will need
to provide affordable units in Village T(l doubt we would support the "extra" SDUs as meeting their
inclusionary req. for T). If the conversion of T increases the number of market units above 1455, then
yes they will need to amend their housing agreement. Is Continental aware of this requirement? Do you
think there should be some mention of this in the PC staff rpt?
>» Van Lynch 07/23/02 02:02PM >»
Craig: The total number of units in Carrillo should be 1664, without T. I show a total of 256 affordable
units built. There are a few extra SDU's, but I don't think they will qualify as meeting their aff. requirement.
I don't know what 1455 represents (Aff. hsg agreement?). The master plan allowed the affordable units
to be provided in Vil B. If additional units are needed, then they will be required to provide them in Vil T
with the market rate units. Do you foresee an amendment to the Aff. Hsg agreement? (if this is approved)
Van
>» Craig Ruiz 07/23/02 09:50AM >»
I was looking at the staff report for the conversion of Village T from com. service to RDM. Does this
change the total number of residential units that were permitted for the project or is this within the 1455
residential units that they are allowed under their afford, hsng. agr.?
10/02/2002 09:10 FAX i!002
jv. IWL V.tLm KYLANU HUMtb NO, 53? P. 2
August 20, 2002
Mayor Claude Lewis
sod City Councilmembers
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 9200$
Re: PCD 01-05: Village T, Ranoho Cairillo: Jehovah's Witnesses Negotiations
Dear Mayor Lewis and City Couneilmembers:
I was the Vice President of Acquisitions at Horton-Continental Residential, Inc. (HCRI) until
May of 2002. I am. writing to provide background information on the negotiations between
HCRI and the Jehovah's Witnesses that occurred early in 2002. While Vice President of
Acquisitions, I worked wifih Peter Curry at Lee & Associates to market Village T of Rancho
Carrillo to potential buyers who would develop the site for community facility purposes.
On February 12th, of 2002, we received an offer to purchase Village T from the Jehovah's
Witnesses who were interested in the site for their church. We 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 HCRI, we never
received a response to our counteroffer and subsequently learned that they had purchased another
site.
About the same time as our counteroffer was presented to the Jehovah's Witnesses, it was
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 further assistance.
Sincerely,
Richard Schroeder
10/02/2002 09:11 FAX08/19/2002 14:16 7697388524 OBSNTfiH ®°03
Carlsbad Congregations of Jehovah's Witnesses
Ken Chemish
P.O. Box 2695
Escondido, Ca. 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 she 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 $ven to consider your site. If any
further clarification needs to be offered to the City of Carlsbad by us regarding our past interest,
please don't hesitate to contact us.
Ken Chemish, for the
Carlsbad Congregations of Jehovah's Witnesses
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 Morton-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.
/UP
Attachments
3-O2; 1O: 13AM;ca r Isbac ' t y clerk ;T6O 72O 6917
Citv of Carlsbad
Office of the City Clerk
APPEAL FORM
I (We) appeal the decision of the Carlsbad Planning Commission regarding PCD 01-05 Rancho
to the Carlsbad City Council. Carrillo Village T
Date of Decision you are appealing: August 1, 2002 ^
Subject of Appeal:
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.
The Carlsbad Planning Commission's decision to deny the reversion of Village T
from a community service site to the underlying residential zoning is unsupported
by evidence in the record and denies the Appellant the right to use and develop
i fs rvronp'T't'v. ...
Reason(s) for Appeal: • Please Note • Failure to specify a reason may result in denia! 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 aside for a community service
facility, but provides that the plan designation will revert to residential within
3 years after grading (which occurred in 1997) if the Planning Commission determines
that the Appellant tried in good faith to find a community service user. Tie
Planning Commission erred in finding that the Appellant faild to exercise gxx3 faith.
1QQftf MIP Appellant- has: 1) mailed more than 810 solicitation packages
advertising the 3.44 (2.33 net acres) acres site to various community service
organizations: 2) sent out/more than 500 e-mails to major brokers in San Diego
(SEE ATTACHED)
• I9BO
SIGNATURE
NAME (please print)
DATE
PHONE NO.
$927 p&ESTVS D£,
ADDRESS: Street Name & Number
City,State,Zip Code
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.
Continental Homes, Inc. Wo/Acct: 050/B OF A
Vendor ; 18590 CITY OF CARLSBAD
Date: 8/14/2002
Check ft: 56461
Invoice Date
8/14/2002
Invoice Number Gross Discount Net
42669 660.00 .00 660.00
660.00 .00 660.00
DETACH BEFORE DEPOSITING
HORTON - Continental Homes
5927 PRIESTLY DRIVE, SUITE #200
CARLSBAD, CA 92008
(760)931-1980
PAY
Six Hundred Sixty and 00/100 Dollars
CITY OF CARLSBAD
TO 5950 EL CAMINO REAL
THE CARLSBAD CA 92008
ORDER
OF
Bank of America NT & SA
Orange County
Cosu Mesa, CA 92626
16-66/1220
VOID AFTER 90 DAYS
DATE CHECK NO.
8/14/2002 56461E AMOUNT
****660 .
HECHT
SOLBERG
ROBINSON
GOLDBERG
^H BAGLEY
PWM'NG DEPARTMENTL L P \ City Of
\ Carfsbad
July 30,2002 \
Honorable Chairperson Seena Trigas and
Members of the City Planning Commission
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92008
Re: PCD 01-05: Village T, Rancho Carrillo
Agenda of August 7.2002
Honorable Chairperson Trigas and Members of the Commission:
This firm represents Continental Residential, Inc. (CRI), the developer of Rancho Carrillo.
The Rancho Carrillo Master Plan sets Village T aside for a community service facility, but provides
that the plan designation will "revert" to RM if your Commission determines that CRI tried in "good
faith" but failed to find a community service user. CRI has shown good faith in seeking community
serving users, but due to the nature of the property no such buyers are willing to pay a price
appropriate for the use. We respectfully ask your Commission to approve proposed Resolution No.
5157, by which you would find that "good faith" was exercised and revert the designation for this
parcel to RM.
The question raised by the Commission at previous hearings was whether CRI had shown
"good faith efforts." Understanding this requires a definition of "good faith." The law defines good
faith as "honesty in fact" with "the observance of reasonable commercial standards of fair dealing."
E.g., Civil Code §1102.7, §1103.7; Commercial Code §1201(19), §2103(l)(b), §3103(a)(4),
§8102(a)(l 0), §9102(a)(43). Courts sometimes refer to '"objectively reasonable conduct, regardless
of the actor's motive.'" Badie v. Bank of'America (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.
These standards turn on both the scope and legitimacy of the effort. There should be no
doubt that the scope of CRI's effort satisfied these standards. CRI mailed letters to hundreds of
entities that conduct community service uses, based on a mailing list from a highly-respected source,
but received virtually no interest. In response to comments from Commissioners, CRI engaged a real
estate broker specializing in non-residential property; the broker prepared a brochure, sent e-mail to
all major brokers in the county, and mailed directly to many community use providers, again to no
avail. This is how real property is normally marketed, but it failed in this instance. When the
Commission questioned whether all religious denominations had been contacted, CRI made sure
ATTORNEYS AT LAW 600 WEST BROADWAY, EIGHTH FLOOR SAN DIEGO, CALIFORNIA 92101 TELEPHONE 619.239.3444 FACSIMILE 619.232.6828
Honorable Chairperson Seena Trigas and
Members of the City Planning Commission
July 30, 2002
Page 2
they had. CRI discussed this with the entity that planned to speak at the last scheduled Commission
meeting (a congregation of Jehovah's Witnesses), but that entity ultimately decided not to acquire
the property. "Good faith" is considerably less than "best efforts" or other heroic tests, but hundreds
of letters and e-mail messages would qualify even under those more rigorous standards.
Similarly, there should be no doubt about the legitimacy of CRTs efforts. The reason the
property cannot be marketed is 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. However, the churches and
other community service providers that CRI contacted insist now on having considerably more land.
Your Commission once questioned whether inadvertent duplications resulted in either 400 or 500
separate entities being contacted, but even the lower number represents a substantial commitment.
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 originally intended use.
The reversion to RM was supposed to take place three years after grading began for adjacent
streets. Grading was performed in July 1997, making the reversion about two years overdue. Until
the Commission 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. CRI
respectfully requests that the Commission approve proposed Resolution No. 5157.
Very truly yours,
David E. Watson
HECHT, SOLBERG, ROBINSON, GOLDBERG & BAGLEY LLP
DEW:RAS:cas
cc: Nancy Nemec
Jane Mobaldi, Esq.
~~- ^f
City of Carlsbad
Planning Department
July 16, 2002
Hofman Planning Associates
5900 Pasteur Court, Ste. 150
Carlsbad, CA 92008
SUBJECT:PCD 01-05 - RANCHO CARRILLO VILLAGE T
The preliminary staff report for the above referenced project will be available for you to
pick up on Friday, July 19, 2002, after 8:00 a.m. This preliminary report will be
discussed by staff at the Development Coordinating Committee (DCC) meeting which
will be held on July 29, 2002. A twenty (20) minute appointment has been set aside for
you at 9:30 a.m. If you have any questions concerning your project you should attend
the DCC meeting.
It is necessary that you bring your required unmounted colored exhibit(s) with
you to this meeting in order for your project to go forward to the Planning
Commission. Your colored exhibits must be submitted at this time to ensure
review by the Planning Commission at their briefings. If the colored exhibits are
not available for their review, your project could be rescheduled to a later time. If
you do not plan to attend this meeting, please make arrangements to have your
colored exhibit(s) here by the scheduled time above.
If you need additional information concerning this matter, please contact your Planner,
Van Lynch at (760) 602-4613.
CITY OF CARLSBAD
GARY/E. WAYNE
Assistant Planning Director
GEW:VL:jt
c: Continental Ranch, Inc., 2237 Faraday Avenue, Ste. 100, Carlsbad, CA 92008
*JP\\e Copy
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
Ken Chernish
P.O. Box 2695
Escondido, Ca, 92033
Nancy Nemec
Horton Continental
5927 Priestly Dr.
Carlsbad, Ca. 92008
6-26-02
Dear Ms. Nemec:
Pursuant to my conversation with Mr. Peter Curry of Business Real Estate Brokerage Co.
yesterday, we are no longer considering your site in Carlsbad. We are instead pursuing an
alternative location.
We sincerely appreciate the opportunity we were given to consider your site. If any
further clarification needs to be offered to the City of Carlsbad by us regarding our past interest,
please don't hesitate to contact us.
Ken Chernish, for the
Carlsbad Congregations of Jehovah's Witnesses
Cc; Peter Curry, BRE
Ken Chernish
P.O, Box 2695
Escondido, Ca. 92033
Lee and Associates
Peter Curry
Via Fax
3-11-02
Dear Peter;
In respect to the offer made by the Carlsbad Congregations of Jehovah's
"Witnesses for your property on El Fuerte in Carlsbad, we find we can not proceed at this
time. The group involved feels ft needs to have a Conditional Use Permit in hand prior to
closing an escrow, which is unacceptable to your seller as indicated by their counteroffer.
It anything changes in our groups thinking we'll let you know.
Thank you for your consideration.
Ken
Continental Homes
2237 Faraday Avenue, Suite 100
Carlsbad, California 92008
(760)931-1980
Fax (760) 931-0237
March 6, 2002 www.continentalhomes.com
Carlsbad Planning Commission
1200 Carlsbad Village Drive "• • '
Carlsbad, CA 92008
RE: PCD 01 -05 - Rancho Carrillo Village!
Dear Commissioners:
Continental Residential, Inc. respectfully requests an indefinite continuance for this
application. An offer has been made on the property and we have submitted a counter
offer, but as of this writing we have not received a reply on the counter offer. A
continuance will provide Continental with the opportunity to attempt to arrive at a
satisfactory agreement.
Your cooperation on this matter is appreciated. -
Sincerely,
id. A-
David A. Lother
Vice President, Development
cc: Greg Hastings
Van Lynch
Gary Wayne
J .'.,'„'.'»< .-"'•-'K „,>!•''""~:\, -<U/' '^ 4' \
-ir *--3 -W/ ». -",-» -"i w •'£? .1 .:^ «
,/ ^ r? 5 ;1 4 ^ 1 M
«5 .S' 4
?S ,«-c:Pa,-V?a
.11
.03/83/2002 B7.-5B 7607380524 CHERNISH
,7
;
:v4.S/A*7g0 929T7 Ufc & ASSOCIATES
PAGE 02
,;v. 00
02/25/2002 15:08 FAX 760 B29 8877 LEE * ASSOCIATES
Associates*
GOMMERCIAl. REAL BTATE SBRV/CES
February 25, 200Z
KenChenrish
The Kcnstar Corporation
P.O. Box 2695
Eacondido CA 92033
Re: Vacant Parcel at Bl Fume
DearKfin:
On behalf of Continental Homes, we arc pleased to accept your offer (dated February 15, 2002)
on the above-referenced property, with the following changes and clarifications:
Agreement provided by Seller.. Buyer shall notify escrow to remove all contingencies or
escrow shall be automatically terminated
• Upon rtfflovJ of coi^gei
shall become tton-refiind»ble and shall relefiae to Seller.
• WithmFifle«fc (15) days of waiving ^conttog^
escrow or escrow shall automatically tcnninate.
Oafi! ttis Letter of Eotent has been signed by Bqycr and conveyed to Sdlet's agcn^ Seller
reserves die right to accept otiwr ofSws,
other or to create my legal or equitable obligations between Buyer and Seller (incMing any ri^it
to eo&thne the negotiations). Buyer and Setter uoderstand and agree that any other bindisg
obligations of tins parties with respect to the Property arc contingent upon and shall not arise until
» written Purebw a Agreement is executed which shall not occur later than tfaorty (30) days from
execution of ftis Letter of Intent and delivered by Buyer tnd Seller.
If fliia Letter of Intent aeeuratety reflects the iindtoBaDB^ing between Sftlto and Payer •mftrespect
to the matters set forth harem, please date nod execute a copy of tbia Letter of fatent wfccte
indicated below and rettttn it to Seller at G» address set forth on ft* fiat page h««*of not tater
than ten (10) days after which dale this Letter of Intent shall terrntasxe and be of no force or
effect
A Mawbw <* H»* t*e » A»ecfa»« Croup of cemoortw
Ortca: 760/9W-WOQ / Fox:
.03/83/2002 07:58 7607380524
02/25/2002 IB: 01 PAX 780 92ft 9977
CHERNISH
IMF. & ASSOCIATES
LEE & ASSOCIATES
PAGE 83
0)00310003
,2002
Page2of2
We look forward to working with yen oa this tnaaactioaia a nnituriDiy beneficial raanoer.
Sincerely,
Lee St Assadites
Commercial Real Estate Services
Principal
AGREH* & ACCEPTE3>
BUYER SEIXKR
By-.
Name:.Name:
Dote:.
Associates
.02/11/2002 13:34 7607380524
CALIFORNIA
ASSOCIATION
OF REALTORS®
PAGE 01
I WJ J.IVJ » .-.I.. *•»—. I. I
OERNISH
VACANT LAND PlMlASE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
(AND RECEIPT FOR DEPOSIT}
(CAR. Form VtPA-11, Revised 4/01)
Date
1.jCatomi
B. THE I*EAL PROPERTY TO BE ACQUKEDbdesOtoed as
Assessor* Pace! No®..
County of
sHuaisdin
CaSfomla,
fPfopeny).
-(date)).
Wtlit#ncydir»Agreerr-rtunte»<i)e«r^
arrilngoerifafriool^nihectesigiv^l^
A. BUYER HAS GIVEN A DEPOSIT TO THE AGENT SUBMITTING THE OFFER 4,
(or to D ), made payable to by Personal
^which shaH.be held uncashed gmfl Acceptance and thenCheek. <yy
daposttad wlttiln 3 buabww days after Aocaptanca or D .
(p wlih Escrow Hotder, O Wo Broker's Ifust account, or D —_________
Buyar faprosams that funds wW b» good whan deposited wHh Hscrow Holder.
INCREASED DEPOSIT shall be daposttad by Buyer with Escrow Holder within.
or O
. Daya Attar Aocaptanca,
FIRST LOAN IN Tlffi AMOUNT OF : S
D NEW First Daed of Trust In favor of D LENDER, O SELLER;
OR D ASSUMPTION of Existing First Dead of Dvst;
encumbering tne Property, securing a note payable due O monthly. O quarterly. D sarrrt-annually, D annually at maximum
interest ol % fixed r«e. or .• % irtttel adjustabto rats with a maximum Nfettma Intarest rata cap
of %, balance due In yaars, amortfeed war _____ yaar* {or D (« enadoad} payaMa In
imerwt-ooly inataflmant*). Buyer shad pay loan faas/points not to exeaad.
Of ALL CASH OFFER: (*.charted) No loan Is needed to pvrchftee the Property. Buywr.ShaH. wtthftk 5 (or OD
Day* After Accapianca, provide Saller written verification of sufficient funds to dose mis transaction. SeHarmay cancel
this Agreement in writing wNNn 5 Daya After (I) time to provide verification expires, if Buyer falls to provide verification cr
(II) recast of veriflcatton, if Seter reasonably disapproves it
a
H.
BALANCE Of PURCHASE PRICE (not induing costs of
Escrow HcWerw** sufficient time to dceeesocw.
TOTAL PURCHASE PRCe
tob-depostodv*!
LOAN CONTWr_3CVsfe*remafclni^ijn. the d ° __??***'
AaaiptBr^, by wr^ *ne Buyw sW* pM Safer wi*w notto
Buyer *jea no» O>B Sa^ sijch no^ the cw*9ar^
O W LC^ CONTWOENCY: (» chected) ObtaWig any ban h
If Buyer don not tttaln fta toan(9), and as a lesut Buyer does not pwchaseWPnpertyiSefcrmeybeertaedtoBuyarsd
Tr* oopyriulu laws of the United States (TMe 17 US. Code) tort*J tl,e
uiuuBioraed (oC'oJuctton of ihk torm, or any portiwi tfiereof, by ptwiuo*/
niacriine or u/w oihar means, incfejdhifl facsimite or cotnputerized luiiiaia.
Copyright «)1WB-a001 CALIFORNIA ASSOCIATION OP REALTORS*), INC.
ALL RIGHTS RESERVED.
VLPA-11 (PACE 1 OF 9) Print Date BDC Aug 01
Buyer and Seller acknowledge receipt of a copy of this page.
Buyer's Initials f .•.'..—M J
Saltafs tnriials (._)
= f
Reviewedby
Broker of Designee..Date.
.02/11/2002 13:34 7687380524 OERNISH PAGE 02
****• . .. Date:__
J. IMWUen^mOOiumttminttKa^. J^AftsrAoa^ttm^ Buyer shal provide Selsr. MamMvix mortgage
<\ and ere* report, Buyer b pngquaWM for the NEW ban tnotcatsd above. Setar may
jnsyaAf»rir»Brr»loprowideirBpraquallka^^
~ ° APPRAISAL fXJrmjcaiCYj^cnechsdJThlsAgreemert
is a loan contingency, the appraisal contingency shall remain In effect until me loan contingency la removed. If there to no loan contingency the
appraisal contingency shall be removed within 10 (or O ) Dsye After Accaptanc*
L. SELLER FINANCING: The following terms (or D (If checked) (he terms specified in the attached Seller Financing Addendum (CAR Form
SflM i)) apply ONLY ta financing extended by Seller under this Agreement.
(1) BUYER CREDrr^WOHTHrNESS: WHhln 5 (or D ) Days After Acceptance: (I) Buyer authorftes Seller and/or Brokers to obtain, at
Buyer's expense, a copy Of Buyer's credit report and (II) Buyer shall provide any supporting documentation reasonably requested by Seller.
Seller may cancel this Agreement m writing, within 5 (or D ) Days After (I) the time to provide the documents, If Buyer falls to provide
them or (II) receipt of those documents If Seller reasonably disapproves of any ot the documents.
(2) TERMS: Buyer's promissory note, deed of Irusl and other documents as appropriate shall Incorporate and implement the following
additional terms: (I) the maximum Warn* rate specified in paragraph 2C Shall be the actual fixed Interest rate for Seller financing; (B) deed of
trust Shan contain a REQUEST FOR NOTICE OF DEFAULT on senior loans; (III) Buyer shall sign and pay for a REQUEST FOR NOTICE OP
OeUNQUENCY prior to dose Of Escrow and at any future time If requested by Seller; (for) note and deed of trust shall contain an acceleration
clause making the loan due. when permitted by Law and at Seller's option, upon the »a)e or transfer ol the Property or any interest m it; (v) note
Shan contain a late oherge of 6% of the Installment due (or D __) If the Installment is not received within 10 days of the date due;
(vl) title insurance coverage in the form of a joint protection policy, shall be provided Insuring Seller's deed of trust interval In (he Properly (any
increased cost over owner's policy Shall be paid by Buyer); and (vll) Tax Service Shan be obtained and paid for by Buyer » notify Seller X
property taxes hawe not been paid.
(3) ASSIGNMENT; I.D. NUMBERS: The addition, delation or substitution of any person or entity under this Agreement, or to ttle, prior to Close
Of Escrow, shall require Seflefs prior written consent Seller may grant or withhold consent at Seller's sole discretion. Any additional or
substituted person or entity shall, 9 requested by SeRer, submit to Seller the same documentation as required for the original Buyer. Se8«r
and/or Broker may obtain a credit report, at Buyer's expense, on substituted person or entity. Buyer and Seller shall each provide to the Other,
through escrow, their Social Security Numbers or Taxpayer Identification Numbers.
M. ASSUMED FINANCING: Selsr shall provide Buyer Copies of aj appocabto nous and deeds ef trust, loan balances and current interest ratea
("Loan Information'). Seller represents that Seder Is not delinquent on any payments to the existing loans. Seller shall, within 5 (or 0 v
Days After Acceptance, request the Loan Information tram Lender, and shall provide it to Buyer within 2 Days After receipt. Buyer Shan, within
5 (or D i Oaya Altar receipt, review the loan Information and provide notice to Seller as required by paragraph is. Differences
between estimated and actual loan balances shall be adjusted at Close Of Escrow by cash down payment Impound accounts. If any. shaB be
assigned and charged to Buyer and credited to Seller, Seller is advised that Buyer's assumption of an existing loan may not release Seller
from liability on that loan.
3N AND KEYS: Seller shall deliver possession and occupancy of the Property to Buyer ty'on the date of Close Of Escrow at _//?..* tfU
D rtOlaterlhen Days After Ctam 01 Escrow at AM/PM-orD Property Shall
r unoccupied, unless otherwise agreed in writing. Seller shall provide keys and/or means to operate alt Property locks.
ALLOCATION OF COSTS: (H checked) If any of the Inspections or reporta in 4A.B.C, D.E, or L are checked, then with regard to that Item. Buyer
shaft have approve!, contingency removal and cancellation rights, and obligations as specified in paragraph 15.
INSPECTIONS AND REPORTS:
A. D Buyer Q Salter shaH nav to have existing aet^ or prrvate aewaaa dtenatal gvstarti. If amc &«iieetMi.
B. D Buyer Q Softer shall pay for costs of testing to determine the suftaMtty of sol for «ewaga disposal.
C. O Buyer O Setter shall pay to have existing wefts, 0 any. tasted for water potabWty and productivity..
0. O Buyer Iff Seller ehaR pay to have Property corners Identified..
E. O Buyer ^Setter shell pay fora natural hazard zone disclosure report prepared by.
ESCROW, TITLE AND OTHER COSTS
F. (JfiBuyer OTSeRer shaft pay <
Escrow Holder shad be „
O Buyer Q Seller shall pay for owner's title Insurance policy specified in paragraph -ii.
Owner* title policy to be Issued by.
(Buyer shall pay for any title Insurance, policy Insuring Buyer's Lender, unless otherwise agreed.)
H. D Buyer |T Seller shafl pay County transfer tax or transfer fee.__ . . .•
I. O Buyer K St»» aha* pay City transfer tax or transfer fee..
J. DBuyer jj Selsr shall pay Owner Association fOAT transfer feea.
K. DBuyer & Seller st^peyC^ner Association (^Too«um^
L, O Buyer Q SaTlar Brian pay • . .
In. '..-4-ynviir, «*s ul ihc United Stales (Tine 17 U.S. Code) torbw me Buyer and Sefler achnowfedge receipt eif a copy of this page.
^i..!..«njri/rti icr(/iouuaioii of this form. 01 wiy portion Ihereof, by ptiotowpy Buyers Inmate i ' , 'M >
i:^«vw ui iuiy oiiwr means, including facsimile or computerized kx-mais. C^A m<j * u • \
Cop/f^m <S 19W-2U01. CAUFORNIA ASSOCIATION OF REALTORS®, INC beuer* inman U- H_ 1
A: I ,-itUHl 3 RCiSCRVEO, in i
_ _ .. I Reviewed by |
02/11/2002 13:34 7607388524 CHERNISH PAGE 03
Property: ^. . , ..._. Date:
5. A. ITEMS INCLUDED W SALE: All EXISTING fixtures and Improvements that are attached to the Property ere INCLUDED IN THE PURCHASE
PRICE (unless excluded In paragraph SC below) and shall be transferred free of liens and without Seller warranty,
B. ADDITIONAL ITEMS INCLUDED: Tne following Kerns of personal property, free of liens and without Sailer warranty, are INCLUDED IN THE
PURCHASE PfllCE , _
C. ITEMS EXCLUDED FROM SALE:.
6. CONDITION OF PROPERTY
A. Unless otherwise agreed, (i) Property la eold (e) In to PRESENT physical condition on the date of Acceptance and (ft) subject to Buyer
Inspection right*; and (ii) Property, Is to be maintained in substantially the same condition as on the date of Acceptance.
B. a (If erected) A« debris and personal property not included In the sale shaH be removed by Close Ol Escrow.
C. Sai^SHAUWS<XOSE KNOW* MATCRUXL PACTS AN^
D. Buyer has ma right to Inspect the Property and. based upon information discovered in these inspections, may reasonably request that Seller
take corrective action as specified In paragraph IS.
E. Note to Buyer. You are strongly advised to conduct Inspections of the entire Properly in order to determine) R» present physical
condition since Seller may not be aware of all defects affecting the Property or Other factors that you consider Important Property
Improvements may not tie DUllr according to codes or In compliance with current Law, or have had permits Issued.
f. Note to Seller: Buyer may rwjuest that you make certain Repairs, or take correc^vw a<^on, *t^ respect to tter»» dUaoproved and in
me event you refuse or are unatote te make requested Repairs, or take such corrective action, Buyer may cancel this Agreement as
specified In paragraph 15.
7. BUYER'S INVesnttATtON OP PROPERTY CONDITION: Buyer's Acceptance of the condition of and any other matter affecting the Property is *
contlngBncy of mis Agreement, as specified In this paragraph and paragraph is. Buyer shall have the right at Buyer's expense, unless otherwise
agreed, to conduct Inspections, Investigations, tests, surveys and other studies ("Inspections-), including the right to review any commons and
Influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences o» Buyer. No Inspections shall be
made by any governmental budding or zoning inspector, or government employee, without Seller1* prior written consent, unless required by Law.
Buyer srwfl complete these Inspections and p>a any written notice to Seller within the time specified In paragraph 15. At Seller'! request. Buyar
shall give Seder, at no cost, complete Copies of all inspection reports supporting Buyer" s written requests. Seller shall make Property available lor
all Inspections. Brokers have not and wMI not verily any of tho Hems te A-M beto^iaitotaotrwfwlee agreed InwrlUnfl.
BUYER IS STRONGLY ADVW6OTO INVESTIGATE THE CONDmON AND SWTABIUTY OF ALL ASPECTS OFTHE PROPERTY AND ALL
MATTERS AFFECTING THE VALUE OR DESIRABILITY OF THE PHOPEBTY, INCLUDING BUT NOT LIMITED TO. THE ITEMS SPECIFIED
BELOW IP BUYER DOES NOT EXERCISE THESE RIGHTS, BUYER IS ACTING AGAINST THE ADVICE OF BROKERS. BUYER
UNDERSTANDS THAT ALTHOUGH CONDITIONS ARE OFTEN WFFICULTTO LOCATE AND DfiCOVES, ALL BEAt PBOPEBTY CONTAINS
CONDITIONS THAT ABE NOT R6ADILY APPARENT AND THAT MAY AFFECT THE VALUE OB DESIRABILITY OFTHE PROPERTY. BUYER
AND SELLER ARE AWARETHAT BROKERS DO NOT GUARANTEE AND IN NO WAY ASSUME RESPONSIBILITY FOBTHE CONDITION OF
SIZE, LINES, ACCESS AND BOUNDARIES: Lot size, property lines, legal or physical access and boundaries including features of (he
Property shared in common with adjoining landowners, such a« wafts, fences, roeds and driveways, whose use or responsibility tor maintenance
may have an effect on the Property and any encroachments, easements or similar matters that may affect the Property. (Fences, hedges.
waits and «her natural or constructed barriers or markers do not necessarily Identify true Property boundaries. P"*"**"^ » ™""
by survey.) (Unless otherwise specified In writing, any numerical statement by Brokers regarding tot size 1s an APPROXIMATION ONLY, and
has not been and will not be verified, and should not be relied upon by Buyer.)
B ZONING AND LAND USE: Past, present, w proposed laws, ordinances. ^mH^,Mto^,™™.*mtea^*rtKmto*fo^m*
current use of the Property, Mure development, zoning, budding. Size, govemmamal permits and Inspections. Any zoning v^atons.
«nw!*m^
C. vrunOAND SERVICES: Availability, toe* restrictions and location Of uWrBes and sen***, Indudtno but not limited to, sewerage,
sanction, septic and teach Hnas, water, rtectrtelty. o». telephone, cable TV and drainage. fcrm^lhMta „*. methane *tt»rD, ENVIRONMENTAL HAZARDS; Potential environmental hazards, including but not bruited to. asbestos, formaldehyde, radon, methane, other
J.Sr.211^^
sites electrorragnetlc field*, nuc^rsour^.ar^ . .. .. ^
R. IroLQmBMmmft 0*og*.*n* conditions. «• end terrain etabWty. eultaMtty and drainage mcJuoTng any si-ppage. sliding.
Hnftrfino dninaoa oradlna. fi (compacted or otherwise), or other soil problems.
SSSKuStiSSm Sp^Snood Hazard Areas. Potent^ FtoodH* (.nuntoton) Are*. Vary W Fire Haaud Zones, State Rre22I»w^^
P^rTrTDA^
property included in the sale from fire, earthquake, floods, landslides or other causes.
w u,w» o< ,h« united SUM (Title 17 U.S. Code) to.bid the Suyerand Seller «*^edge receipt of a copy of this page.
.-a loproUuciion of ihis fe"«, or any portion thereat by photocopy Buyer's Inftlats ( - K— - ->
F
G
02/11/2002 13:34 7607380524 CHERNISH f^ *<*
Pr°P6rtV: . A~ fr Date:
H. NEIGHBORHOOD, AREA ANFPROPERTY CONDITIONS: Neighborhood or area conditions. Including Agricultural Use Restrictions pursuant
to the Williamson Act (Government Code 8§51200-518»S). Right TO Farm laws (Civil Code §3482,5 and §3482.6), presence of endangered or
threatened 'candidate' specie* or wetlands on the Property and abandoned mining operations on the Property. Proximity to commercial
industrial or agricultural activities, fire protectta). other governmental services, existing and proposed transportation, construciton. and
development that may affect noise, view, traffic, airport noise, noise or odor from any source, wild and domestic animals, other nuisances,
hazards, or circumstances, proximity and adequacy of school and/or law enforcement and crime statistics.
I. OftTA BASE DISCLOSURE: NOTICE; The California Department of Jgettee. sheriff's departments, police departments serving jurisdictions of
200,000 or more and many other local law enforcement authorities maintain tor public access a data base of the locations of persons r*»u/red
to register pursuant to peragreph (1) ot subdivision (a) of Section 290,4 ot the Penal Code. The date base ie updated on a quarterly basis and
a source ot intormMon about tha presence of these individuate In any neighborhood. The Department Of Justice also maintains a Sox Offender
identification Una through which inquiries about individuate may be made. This Is a "900' telephone swvie*. Callers must have specific
information about Individuals they are checking. Information regarding neighborhoods Is not available through the •900" telephone service.
J- COMMON INTEREST SUBDIVISIONS: OWNER ASSOCIATIONS: Facilities and condition of common areas (facilities such as poofs, tennis
courts, walkways, or other areas co-owned In undivided Interest with others). Owners' Association that has any authority over tha eubject
property, CCArTs, or other deed restrictions or obligation*, and possible lack of compliance with any Owners' Association requirements.
K. SPECIAL TAX: Any local agendas that levy « special tax on the Property pursuant to the Meflo-Roos Community Facilities A«.
L. RENT AND OCCUPANCY CONTROL: Some Cities and Counties impose restrfcttons that may limit the amount of rent that can lawfully be
charged, and/or the maximum number of persons who can lawfully occupy the Property,
M. MANUFACTURED HOME PLACEMENT: Conditions mat may affect the ability n place and use a manufactured home on the Property.
SELLER DISCLOSURES: Within the time specified in paragraph 15. Setter shall In writing (I) disclose if Property b located in any zone identified in
8A end provide any other information required lor those lenee; (H) It applicable, take the actions specified m 6B and BC; (W) disclose the existence
of any material tacts Affecting the value or desirability of the property of which Seller hae Actual knowledge, Including but not limited to. Items 80
through 6R; and (tv) if applicable, lake the action specified in 8R. Buyer, within the time specified in paragraph 15. shai then investigate the
disclosures and other information provided to Buyer, end take the action specified in paragraph 15.
A. NATURAL HAZARD ZONE: Special Flood Hazard Areas. Potential Flooding (Inundation) Areas, very High Fire Hazard Zones, State Fire
Responsibility Areas, Earthquake ftwff Zones. Setemte Hazard Zones, or any other zone for which disclosure Is required by Lew.
B. D (If cheeked) COMMON INTEREST SUBDIVISIOttOWNCR ASSOCIATIONS: Property Is In a common fotaflaei subdivision. Seller shall
request from the OA and, upon receipt, provide to Buyer: (I) Copies of any documents required by Law; (II) disclosure of any pending or
anticipated claims or litigation by or against the OA; (HI) Copies ot the most recent 12 months of OA minutes tor regular and special meetings,
H available: and (Iv) me names and contact information of all OAs governing the Property. If Seller has actual knowledge. Se«e» shad also
disclose: (I) any material defects In the condWon of common areas (such as pools, tennis courts, walkways, or other areas co-owned In
undivided interest with others), and (II) possible tack of compliance with any OA requirements.
C. MELLO-ROOS TAX: Seder shall (t) male a good faith effort to obtain a disclosure notice from any local agenctae that levy a special tax on the
Property pursuant to the MeUo-ffoos Community Faculties Act. and (II) promptly deliver to Buyer any such notice obtained.
D. LEGAL PROCEEDINGS: Any lawsuits by or against Seller, threatening or affecting the Property, Including any lawsuits alleging a defect or
deficiency in this Property or common areas, or any notices of abaterMm or cRaflone fried or Issued against the Property.
E. AGRICULTURAL USE:. Whether the Property fs subject to restrictions for agricultural use pursuant to the Williamson Ad (Government Code
§§51200-51295).
P. DEED RESTRICTIONS: Any deed restrictions or obligations.
G. KARM USE: Whether the Property is in, or adjacent to. an area with Right to Farm rights (Civil Code §3482.5 and §3482.6).
H. ENDANGERED SPECIES: Presence of endangered, threatened, 'candidate' spades, or wetlands on the Property.
I. ENVIRONMENTAL HAZARDS: Substances, materials, or products that may be an environmental hazard such as, but not limited to, asbestos,
formaldehyde, radon gas, lead-based palm, fuel or chemical storage tanks, and contaminated soil or water on the Property.
J. COMMON WALLS: Features of the Property shared in common with adjoining landowners, *ich as walls, fences, roade. and driveways, and
agriculture artd domestic weds whose use or responslbWfy tor maintenance may have en effect on the Property,
K. LANDLOCKED:Absence of legal or physical aeeees to the Property.
L EASEMENTS/ENCROACHMENTS: Any encroachments, easements or similar matters that may affect the Property,
M. SOIL PILL: Fill (compacted or otherwise), or abandoned mining operations on the Property.
N. SOIL PROBLEMS: Any slippage, sliding, flooding, drainage, grading, or other aoU problems.
O. EARTHQUAKE DAMAGE: Major damage »the Property or any ct^*tfv«u*eefromflm,eartho>jate.flc«de;ortand8Wes,
P. ZONING ISSUES: Any zoning violations, tlonconformlng uses, or violations of 'setback' requirements.
0. NEIGHBORHOOD PHOBUMS: NtfghborrwxJ rolsa problem*, or otftef nuisance*.
R. SUBSEQUENT DISCLOSURES: in the event SeRor. prtor to Ctoa» Of Escrow, becomes aware of advene condltlone materially affecting the
Property, or any material Inaccuracy m disclosures, tntemwrtion. or ^presentations prevtouefy provided to Buyer, Seller shelf promptly provide
a wrftien supplemental or amended disclosure covering those item*. Buyer sheA wtthlrr lh» time specified [n paragraph 16. provide written
notice of any Renw reasonably disapproved.
copyright »«* ot 'he United Slates (Tltte t? U.S. Code) forbid the Buyer and 8e)tet acknowledge receipt of a copy of this page.
rizoc reproduction ol INS form, or any portion thereof, by photocopy Buyer's Initials (_ )( )
.•whirl;, or any other mean*, including facsimile ot cortipulerUed formats.
Copyright ® 1996-2001, CALIFORNIA ASSOCIATION OF REALTORS®, INC.
ALi. RIOHT3 RESERVED.
VV.PA-11 (PAGE 4 OF 9)
Reviewed by
Broter or Design** Data.
MASTER COPY
-02/11/2002 13:34 7607380524 CHERNISH PAGE 05
Date;
9. BUYER INDEMNITY AND SELLER PROTECTION FOR ENTRY UPON PROPERTY: Buyer shall; (0 k«rp Property free ana dear of liens
(II) indemnify and hold Seller harmless from all liability, claims, demands, damages and costs; and (III) Repair all damaaes arising from
inspections. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry policies of liability, workers' compensation
and other applicable insurance. defending and protecting Seller fiom liability for any injuries to persons or property occurring during ar>y
Inspections or work done on the Property at Buyer* direction prior to Close Of Escrow. Setter is advised that certain protections may be
afforded Seller by recording a Notice of Non Responsibility for Inspections and work done on the Property at Buyer's direction
10. RENTAL AND SERVICE AGREEMENTS
A. INSPECTION AND REVIEW: Wllhin the time specified in paragraph 15. Seller shall make available to Buyer for Inspection and review,
all current leases, rental agreements, service contracts and ottwr related agreements, licenses, and permits pertaining to the operation
or use of the Property. Buyer shafrtnen. within the time specif ted in paragraph 15, take the action specified in paragraph IS.
B. ESTOPPEL CERTIFICATES: Seller shall immediately send to all lessees written requests for estoppel certificates acknowledging that
lessee's rental or lease agreements are unmodified and in fu» force and effect, or If modified, stating all such modifications. Seller shall
provide Buyer, within the «me specified In paragraph 15, all such estoppel certificates received from lessees. Buyer shall then, within
the time specified in paragraph 15, take the action specified in paragraph 15.
C. CHANGES DURING ESCROW; Seller may NOT engage In the following acts without Buyer's prior written approval: (I) rent or lease
any pan of the Property; (If) after, modify, or extend any existing rental or lease agreement; or (III) enter into, alter, modify or extend
any service contracts); or change the status ol the condition of the Property.
11. TITLE AND VESTING
A. Within the time specified In paragraph 15, Buyer shall be provided a current preliminary (title) report, which is only an offer oy the (We
insurer to issue a policy of title insurance, and may no! contain every item affecting title. Buyer shall provide written notice to Seller in
accordance with and within the time specified in paragraph ,15.
B. At Close Ol Escrow, Buyer shan receive a grant deed conveying title. Including oil, mineral and water rights « currently owned by Seder
TWe shaft be subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters that are of record
or disclosed to Buyer prior to Close Of Escrow, unless otherwise requested in writing by Buyer and agreed to by Seller within the (irne
specified in paragraph 15. However, title shall not be subject to any liens against the Property, except for those specified In this
Agreement. Title shall vest as designated in Buyer's supplemental escrow instructions. THE MANNER OF TAKING TITLE MAY HAVE
SIGNIFICANT LEGAL AND TAX CONSEQUENCES.
c. Buyer ehail receive a CLTA standard coverage owner's PoHcy of Title Insurance, An ALTA policy or endorsements may provide, greater
coverage tor buyer. A title company, at Buyer's request, can provide information about availability, desirability, coverage, and cost of
various title insurance coverages and indorsements. If Buyer desires title coverage other than that required by this paragraph, Buyer
shall instruct Escrow Holder in writing and pay any Increase in costs. Seller makes no representation regarding the existence ol
unpatemed mining claims, reservations or exceptions in patents, or in Acts authorizing the Issuance thereof, or water rights or claims
to title to water.
12. SALE OF BUYER'S PROPERTY
A. This Agreement is NOT contingent upon the sale of any properly owned by Buyer.
OR B. D (If checked) The attached addendum (CAR. Form SBP-1 1) regarding the contingency for the sate of property owned by Buyer
is incorporated into this Agreement.
13. D (If Checked) MANUFACTURED HOME PURCHASE
The purchase ol this Property Is contingent upon Buyer acquiring a personal property manufactured home to be placed on the Property
after Close Of Escrow. Buyer O has Q has not entered into a contract for the purchase of a personal property manufactured homo. This
contingency shafl remain in effect until the Close Of Escrow of this Property (or O _ ,_ Days After Acceptance by which time Buyer
shall remove this contingency by the active or passive metttod specified in paragraph 15C).
14. 0 (If Checked) CONSTRUCTION LOAN FINANCING
The purchase ol this Property is contingent upon Buyer obtaining a construction loan, A draw from the construction loan d will D will
not be used to finance the Property. This contingency shall remain In effect unM the Close Of Escrow of thw Property (or 0 -
Days After Acceptance by which time Buyer shall remove this contingency by the method specified in paragraph 15C).
if* tt,i,yrqtir h*u ol u« Ufltod Slaws (Title i? U.S. Code) torn* Hie Buyer and Seller acknowledge receipt of a copy of trite page.
iu|,iuuwaion of mis torm. or any portion thereof, t>y pimiutopy Buyer's Initiate ' » >
w .7 ail Mf means, including facsimile or uwttfiulerbud Jormals. Q«,II,«.« in.tim* i w i
lfciti-2001. CALIFOHNIA ASSOClAl'lON OF REALTORS®. INC. aeiwrs inmws < - n - M-^> <Sn*nSn
A'. L P.IUKIK HtSh'HVtD.Reviewed by
VLPA-11 (PAGESOF9) Broker or be^ _Date.
.02/11/2002 13:34 7687380524 CHERNISH PAGE 06
pr°PerT/- Date:__
15. TIMS PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered,
modified or changed by mutual written agreement.
A. ORDERING, COMPLETING AND REVIEWING INSPECTIONS AND REPORTS:
(1) SELLER HAS: 7 (or Q —__) Daya After Acceptance to order, request or complete all reports, disclosures and Information tor which
Seder Is responsible under paragraphs *. 8,10 and 11. Seller has 2 Days After receipt (or completion) of any ot these items to provide it
to Buyer. Buyer has 7 (or D > Daya After receipt of eacft of the above Items to review the report, disclosure or other
Information.
(2) BUYER HAS: 21 (or trSQ—J Days Attar Acceptance to complete an Inspections, investigations ana mviaw of reports ana other
applicable information, for which Buyer is responsible.
B. (1) APPROVAL OR REQUEST: Within the times specified above (or 2H for loan contingency), Buyer shall provide Seller with either (>) an
unconditional approval and removal of the jpplleable contingency, or (II) a reasonable written request that Seller take corrective action <or
tor loan contingency, cancellation if Buyer is unable to obtain the designated loan).
(2) EFFECT OF BUYER'S REQUEST: If, pursuant to B(i), Buyer reasonably requests that Seller take corrective action. Buyer and Seller have
9 (or Q —,, ...) Daya After Seller's receipt of Buyer's request to reach mutual written agreement on Buyer's request, if (I) Setter has
agreed in writing to unconditionally and completely take the action requested by Buyer, or (0) Buyer and Setter have reached a mutual
written agreement with respect to those Home, then the transaction shall proceed on those terms. Seller has no obligation, express or
Implied, to satisfy Buyer's requests.
(3) EFFECT OF NO WRITTEN AGREEMENT ON BUYER'S REQUEST: If. at the expiration of the time In 6(2), neither B(2KI) nor (II) has
occurred. Buyer has 2 (or D 1 Daya to cancel this Agreement in writing.
C, ACTIVE OR PASSIVE REMOVAL OF CONTINGENCIES AND CANCELLATION RIGHTS:
(1) (/ACTIVE METHOD (Applies only It checked):
(a) (No written request or removal by Buyer) If, within the time specified In A, Buyer does not give Seller written notice pursuant to
B(1), Seller may cancel this Agreement in writing. Notwithstanding the expiration of the lima specified. Buyer retains the riant to give
Seder written notice under 81 at any ttme prior to receiving Seller's written cancellation. Once Seller receives Buyer's written request
or removal, Sefter may not cancel this Agreement pursuant to paragraph C(i)(a).
(b) (No written cancellation by Buyer) If. with* the time specified, Buyer does not give Sailer written notice of cancellation pursuant
to B(3), either Buyer or Seller may cancel this Agreement in writing at any time prior to Buyer and Seller reaching mutual written
agreement with respect to any requests made pursuant to B(1).
(2) PASSIVE METHOD: K, within the time specified. Buyer does not give Seder (i) a reasonable written request pursuant to B(1) (or for loan
contingency, cancellation If Buyer is unable to obtain the designated loan) or (H) written notice of cancelaHon pursuant to 6(3) if no
agreement is reached on Buyer's requests, then Buyer shall be deemed, as applicable, to have unconditionally approved and removed the
contingency or withdrawn the request and waived any right to cancel associated with the requested item.
D. EFFECT OF REMOVAL: ff Buyer removes any contingency or caneellaiton right by the active or passive method, as applicable, Buyer shall
conclusively be deemed to have: (I) completed ftH Inspections, Investigations, and review of reports and other applicable information and
disclosures pertaining to that contingency or canceltatlon right; (II) elected to proceed.with the transaction; and (III) assumed all liability,
responsibility, and expense for repairs or corrections pertaining to that contingency or cancellation right, or for inability to obtain financing If the
contingency pertains to financing, unless, pursuant to 8(2) or elsewhere in tWs Agreement, Setter agrees to take corrective action.
E. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written NOTICE OF CANCELLATION pursuant to rights duly exercised
under the terms of this Agreement. Buyer and SaDar agree to Sign mutual instnjcitons to cancel the sale and escrow and release deposits, less
fees and costs, to the party entitled to the funds. Fees and costs may be payable to service provWew and vendors for services and products
provided during escrow. Release of funds wHI require mutual, Signed leiaaa* instruction* from Buyer and Seller, ludtelei dectelon or
arbitration award.
1*. ENVIRONMENTAL HAZARD CONSULTATION: Buyer and Seller acknowledge: (I) federal, state and local legislation Impose NabiHty upon existing
and former owners and users of real property in applicable situations for certain legislatively defined environmentally hazardous substances; (II)
Browr has made no representation concerning the appScabWyot any su<* law to this transact^
in mis Agreement: (III) Broker has made no representation concerning the existence, teeflng. discovery, location and evaluation of or for, and risks
posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property; and (hr) Buyer end Setter are each advised
to consul! with technical and legal experts concerning the existence, testing, discovery, location, and evaluation of or for, and risks posed by,
environmentally hazardous substances, if any, located on or potentially affecting the Property.
17. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a flnel inspection ot the Property witnin * (or ) O«y»
prior to Closa Of Escrow, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm (I) Property is maintained pursuant to paragraph 6A, (II)
Seller has compiled with Seller's other obligations.
The wipyflQht laws ol the United States (Tale 1? U.S. Code) to/bid the Buyer and Sailer acknowledgB receipt of a copy of this page.
•izBC! rtpfoduclion oi this form, or any portion ihereol, by photocopy Buyer* Initials i • 1( \
01 any otl*r moans, including facsimile or computerized formal?. e-n.^. i*i«»i. t v \
i,cp/'W« & 1&9S-M01, CALIFORNIA ASSOCIATION OF REALTORS®. INC- S9"8™ Inl8al*» W '
,M\. rWiHTS f(ESF.HV£D. , ' . I
I Reviewed by
VLPA-11fPAGE60F9> | „ „„, '
.82/11/2002 13:34 7B07388524 CHERNISH PAGE 07
_ Date: •
18. LIQUIDATED DAMAGES: If Buyer fails to complete this purchase because of Buyer's default, Seder shall
retain, as liquidated damages, the deposit actually paid. Release of funds will require mutual, Signed release
Instructions from both Buyer and Seller, judicial decision or arbitration award
SHALL SIGN A SEPARATE LIQUIDATED DAMAGES PROVISION FOR ANY INCREASED
1) AVer's initials __J _ Seller's .nmals _ _ / _ I
A. MEDIATION: Buyer and Seller agree to mediate any dispute or claim arising between them out of this Agreement, or any
resulting transaction, before resorting to srbitration or court action. Paragraphs 198(2) and (3) below apply whether or not the
Arbitration provision is initiated. Mediation tecs. « any, shall be divided equally among the parties Involved, if. tor any dispute or
claim to whlcn this paragraph applies, any parly commences an action without first attempting to resolve the matter through
mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees
even if they would otherwise be available to that party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER
OR NOT THE ARBITRATION PROVISION IS INrTIAUED.
B. ARBITRATION OF DISPUTES: (1) Buyer and Seller agree that any dispute or claim in Law or equity arising between
them out of (Ms Agreement or any resulting transaction, which is not settled through mediation, shall b* decided by
neutral, binding arbitration, including and subject to paragraphs 19B(2) and (3) below. The arbitrator shall be e retired
judge or justice, or an attorney with at least 5 years of residential real estate iranssctional Law experience, unless the
parties mutually agree to a different arbitrator, who shall render an sward in accordance with substantive California
Law. In all other respects, the arbitration shall be conducted in accordance wtth Part lll.Titla 9 of the California Code of
Civil Procedure. Judgment upon the award of the arbitrators) may be entered in any court having Jurisdiction. The
parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05.
(2) EXCLUSIONS FROM MEDIATION AND ARBITRATION: The following matters are excluded from mediation and
arbitration: (I) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or
installment land sale contract as defined in Civil Code §2985; (ii) an unlawful detainer action; (iii) the filing or enforcement of a
mechanic's lien; (Iv) any matter that fs within the jurisdiction of a probate, small claims, or bankruptcy court; and (v) an action
for bodily injury or wrongful death, or any right of action to which Code of Civil Procedure §337.1 or §337.15 applies. The filing
of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other
provisional remedies, shaH not constitute a violation of the mediation and arbitration provisions,
(3) BROKERS: Buyer and Seller agree to mediate and arbitrate disputes or claims involving either or both Brokers, provided
either or both BroKers shall have agreed to such mediation or arbitration prior to, or within a reasonable time after, the dispute
or claim is presented to Brokers. Any election by either or both Brokers to participate In mediation or arbitration shall not result
in Brokers being deemed parties to the Agreement.
"NOTICe: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING
OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OP DISPUTES' PROVISION DECIDED BY
NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU
MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE
SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS
THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU
REFUSE TO SUBMITTO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED
TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR
AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY."
"WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING
OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL
ARBITRATION." [Buyer's Initials / Scltef«Initiate / J
20. PROBATIONS OF PROPERTY TAXES AND OTHER ITEMS! Urfe» otherwise agreed in writing, the following items shaM be PWO CURRENT and
prorated between Buyer and Seller as of Close Of Escrow: real property taxes ana assessments, Interest, rents. OA regular, special, and emergency
dues and assessments Imposed prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and assessments
assumed oy Buyer, and payments on MaBo-Roos and other Special Assessment District bonds and assessments that are now a lien. Tha following
items shall be assumed by Buyer WITHOUT CREDIT toward me purchase price; prorated payments on Melto-Roos and other Special Assessment
District bonds and assessments and OA special assessments that are now a Men but not yet due. Property w>H be reassessed upon change of
ownership. Any supplemental tax bids shaR be paid as follows; (I) for periods after Close Of Escrow; by Buyer; and (10 for periods prior to Close Of
Escrow, by Sailer. TAX BILLS ISSUED AFTER CLOSE OF ESCROW $HAU BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER.
Prorations shall be made based on a 30-<Jay month.
21. WITHHOLDING TAXES: Sailor and Buyer agree to execute any instrument, affidavit, statement or instruction reasonably necessary to comply with
federal (FlRPTA) and California withholding Law. if required (CAR. Forms AS-11 and AB-11).
22. MULTIPLE LJSTINO SERVICE ("MLS"): Brokers are authorized to report the term* o* this transaction to any MLS. to be published and disseminated
to persons and entitles authorized to use the information on terms approved by the MLS.
23. EQUAL OPPORTUNITY: The Property » soW In compliance with federal, state and local anti-discrimination Laws.
24. ATTORNEY PEES: m any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller
shall be entWed to reasonable attorney fees and costs from the non-prevailing Buyer or Sailer, except as provided in paragraph 19A.
25. SELECTION OF SERVICE PROVIDERS: If Brokers give Buyer or Seller referrals to persons, vendors, or sen/ice or product providers ("Providers"},
Brow* do noi guarantee the performance of any of those Providers. Buyer and Seller may select ANY Providers ef their own choosing.
.. .... .,• :„.., ui u iv UIMUI Suite* iTiife i7 us. Cu.k: unuki <n-v Buyer and Seller acknowledge receipt of a copy Of this page.
:.>.u.-kui 'Ji uiii.. luun. 01 any poiiiun Uic-iecri. uy ].«Mui.i'|.-y Buyer's Initials ( j(_ )
>i of- HirAi i ui!:.-« .i,(.'. Seller's initials ( , K .......—) SffiBKB
VLPA-11(PACE70F9)
Reviewed by
Broker or Designee Date.
.82/11/2002 13:34 7687388524 CHERNIBH PAGE 08
Property:Date:
2*. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between thVparfjes an? incorporated in this
Agreement. Its terms are Intended by the pantos as a final, complete and exclusive expression of their Agreement with .respect to Its subject matter,
and may not be contradicted by evidence of any prior agreement or contemporaneous owl agreement. If any provision of tins Agreement la held to
ba ineffective or invalid, the remaining provisions win nevertheless be given lull force and effect Neither tWs Agreement nor any provision In ft
may be extended, amended, modified, altered or changed, except In writing Signed toy Buyer and Seller.
OTHER TERMS AND CONDITIONS, Including ATTACHED SUPPLEMENTS: ^ .
Q; Purchase Agreement Addendum tRA.IVform PAA-11 paragraph numbers: _L
ST.
ph numbere:
T H> ^*
W3^^
jfty/*&%#£ dW^ftPfrR£r*^fa#rn.k<'w&;
28. DEFINITIONS: As used.lnthie .Agreement
A. "Acceptance" mean* Vie time the offer or final counter offer is accepted in writing by the other party and communicated in accordance with
this Agreement or the terms of the final counter offer.
B. "Agreement" means the terms and conditions of this Vacant Land Purchase Agreement and Joint Escrow. InstrucBona and any counter offer
and addenda,
C. "Day*" means calendar days, urtfese otherwise required by Law.
D. "Days After* means the specified number of calendar days after the occurrence of the event specified, not counting the calendar date on which
the specified event occurs, and ending at 1 1 :5SPM on the final day.
E. "Ctos* Of Escrow" means the date the grant deed is recorded or other evidence of title is transferred. If scheduled close of escrow faffs on a
Saturday, Sunday or legal holiday, then the close of escrow date shall be the next business day after the scheduled dose of escrow date.
F. "Cop/* means copy by any means including photocopy. NCR. facsimile and electronic.
G. "Law" means any law, code, statute, ordinance, regulation, rule or order, which Is adopted by a controlling tity. county, state or federal
tegtstetiw. Judicial or executive body or agency.
H. "Signed- means either a handwritten or electronic signature.
I. Singular and Plural terms each Include ihe other, when appropriate.
J. CA.R. Form means the specific ftwm retererced, or another cofflfiarabte form agreed to by the parties.
K. "electronic Copy" or "Electronic Signature" means, as applicable, an electronic copy or signature complying with CaWbmta Law. Buyer and
Seder agree that electronic means will not be used by either one to modify or after the content or Integrity of the Agreement without the
knowledge and consent of the other, .
29. AGENCY
A. POTENTIALLY COMPETING BUYERS AND SELLERS; Buyer understands that Broker representing Buyerrnay also represent other potential
buyers, who may consider, make offers on, or uWmaiety acquire the Property. Seller understands that Buyer may consider, make offer* on or
purchase other properties similar to the Property. Buyei ami Sailer acknowledge and consent to Brokers}' representation of such potential
buyers and sellers before, during and after Broker^)' representation of Buyer end Seller.
B. CONFIRMATION: The Wfewlng agency rdaBoneMps are hereby confirmed for this transaction:
Listing Agent ...-._ _ _. (Print Brm Name) Is the agent of (check one):
Ikf the Sever exclusively: or O both me Buyer and Setter.
gaiiJnpAgani *feoQPWU C^f/fHUtTtK^J <Prln» Fmri Name) (It not same as Listing Agent) is the agent of (check
one): 0 the Buyer exclusively; or O the Seter exchislvely; or O both the Buyer and Setter.
Real Estate Brokers are not parties to the Agreement between Buyer and SaBet
30. Buyer and Belief acknowledge and agree tnat : (a) Broker, do not decWe what price Buyer should pay or Seller should accept; (b) Brokers
do not guarantee the performance or Repair* e* othew who have piovWedsenrlcw or protfactsie Buyer otSrttor, ami <c)tf^
legal, tax, Insurance, title and other desired asslsumee from appropriate professionals.
31. JOWT ESCROW INSTRUCTIONS TO ESCROW HOLD6R
A, The following paragraphs, or applicable porttone thereol. of thle Agreement consWutw the Joint escrow Instruction* ol Buyer and
Seller » Escrow Holder, whtah Escrow Holder Is to use along with any relating counter offers and addenda, and any ertdWonal mutual
instructor* to dose the transaction: t. 2.4. it, 12B, 15E, 20. 21, 86, 27..2B. 3t. 38.34A, and 35. The terms end condWons 01 the Agreement
not set forth in the specified paragraphs ere additional matters for the Information o< Eectow Holder, out about which Escrow Holder need not
beconcemed. Buyer and Seller wW receive Escrow Holder's general provisions dh«c^ from Escrow Holder and w« execute such provlstons
upon Escrow Holders request. To the extent the general provistorw are inconsistent or conflict wtth this Agreement, the general provisions will
control as to the duties end obligations of Escrow Holder only. Buyer .and Seller wlU execute additional irwttwctlons, documents and forme
provided by Escrow Holder that are reasonably necessery U> complete this transaction,
B. A Copy of tws Agreement shall be delivered to Escrow Holder whhin 9 business Days After Acceptance
" veeenow win be deemed open when Escrow Holder haa Signed
C
an acknowledgement of receipt of a Copy of tnto accepted Agreement Buyer and Seller authorize Escrow HoMer to accept and re* on
Copies end Signatures as defined m this Agreement as originate, to open escrow and tor other purposes of escrow. The validity of this
Agreement as between Buyer and Seller is notartected by whether or when Escrow Holder Slgiw tr»Agre««wnt ,.„..»,
Broker* are a tarty to me Escrow for the sofe purpose of compensation pursuant to paragraphs 32 and 34A. Buyer and Seller IrrevocablyeroKersareapanywmBrKniwio •»««.* i«- ^ ^J^ ^ ^ 34A ^ ^^f^ ln^nKl Escww rWcV to dlstwrse those
Buyer and Seder acknowledge receipt of a copy of this page.
- w ) .
funds to Brokers at Close Of Escrow.
The copynyin laws £>l the United States (Title 17 U.S. Code) torbid #*
unautriori;:ed rcpiockx^on of this form, or any portion thereol, by photocopy
mactune of any oihyr means, including facsimile or compmettzed tormets.
Ccfjyrighl Si iase-2001. CALIFORNIA ASSOCIATION OF REALTORS®, INC Setert Initials (_u _>
VLPA-11 (PAGE B OF 9)
Reviewed by
Broker M Desk).Date.
MASTER COPY
.02/11/2802 13:34 7607386524 CHERNISH PAGE 09
Property:
32. BROKER COM BUYER: Upon Ctose Of Escrow, Buyer agrees to pay Co
to
tee erf $_..Broker.
(if checked) 0 an at. —„—„.„»„„, „«, „ - ... , , ,„ ^ __ crown-.
33. TERMS AND CONDITIONS OP OFFER: This is an offer to purchase the Property on the above torms and condWons. All paragraph* with spaces)
_. Broker.
r a ropery on e aove torn* and eonons. AH paragraph* with space*
tor Initials by Buyer end Seller are Incorporated In thla Agreement only If InltWad by aB partlea. R at toast one but not alt parties Inlttal. •
counter offer to required jiptU egga/pent fa reached. Unless Acceptance of offer la Signed by Sefler. and afojy/rf the Signed offertereceived by Buyer, or by._, who la authorized to receive It by (date),
the offer ehejl be desmod revoked and the deposit Shan be returned. Seller has tr« rlflht to conHnue to c*er fha f?roperty for eate arri to acc«pr
other offer at any tirm prior to connwnliatlon Of A^
to the above confirmation of agency relationships. If this offer to accepted and Buyer subsequently default* Buyer may be responsible tor payment
of Brokers- compensation. This Agreement and any supplement, addendum or modWcation, including w»y Copy, may be Signed in two or more
counterparts, all of which shall constitute one and the same writing.
BUYER._Date_BUYER.-Date..
(Pmt name)(Print name)
(Address)
34.BROKER COMPENSATION FROM SELUB:
A. Upon Close of Escrow, Setter agrees to pay compensation for services as follows:
to
r»"»T tal<
»ofE
4 ,to_
(If checked) D an admlnfefratlveAmneactton fee o< $.
(or. If not completed, as per Rating agreement).
.to
, Broker, and
, Broker, and
Broker
B. (1) H escrow dees not dose, compensation In 34A is payable: (I) upon Seller's default If completion of sale Is prevented by default of Seller;
or (l|) when and If Seller collects damages from Buyer, by suit or otherwise, If completion of sale i» prevented by default of Buyer and then in en
amount equal to one-half of the damages recovered, but not to exceed the above-compensation, after first deducting title and escrow expenses
and the expenaes of coHeetion, if any. (2) In any action, proceeding or arbitration relating to *e payment of compensation In 34A or B, the
prevailing party shall be entitled to reasonable attorney' fees artt costs, except as rmvldod in paragraph 19A.
S5. ACCEPTANCE OF OFFER: Seller warrants that Seller is the owner of the Property, or has the authority to execute this Agreement Seeer aocepte
the above otter, agrees to sea the Property on the above terms and conditions and agrees to the above confirmation of agency relationships. Seller
has read and acknowledges receipt of« Copy of this Agreement, end authorttea Broker to dafiver a Sfgnad Copy-to Buyer.
O (If checked) SUBJECT TO ATTACHED COUNTER OFFER, DATED'...
SELLER,_Date.SELLER
(Print name)(Print name)
(Address)
Agency relationship* are confirmed aa above. Real Estate Broken are not parttaa to the Agree
Agent who submitted offer for Buyer acknowledges receipt o^teposjl It any, tt specified In
Real Estate fjgpkar^BngramNa^pa} IfgUSpfrA-
Addreas " "" "*"
Phone
Real Estate Broker (Listing Firm Name)
Address _
Phone .
t between Buyer ami Sailer.
aragraBh 2A>\ •. II
to&*fUf&t*4&f- r*te^//Wfl'*'
E-malL
.By..Date.
_ I } ACKNOWLEDGMENT OF RECEIPT: Buyer or authortoed agent acknowledge* receipt .of Signed Acceptance on (date).
(Initials) at AM/PM.
Escrow Holder Ack
Escrow Holder acknowledges receipt of a Copy of this Agreement, (If checked. D a deposit in the amount of *_
counter offer number* _ r _
_. and agrees to act as Escrow Holder subject to paragraph 31 of this Agreement, any
supplemental escrow instruction* and the terms of Eaoow Holder's general provisions.
The date of communication of Acceptance of the Agreement as between Buyer and Seltef te.
Escrow Holder.
By
Escrow *.
Date
Address.. Pt»oneffiax/E-m9it_
Escrow Holder Is licensed by the California Department of D Corporations. D Insurance. D Real Estate. Ucartee ».
REALTOR* I* a WjlthwwJ ooMeHva meinberanlp mark
PuDMMd find DlttiRMUd byr
REAL ESTATE BUSINESS SERVICES. INC, ..
ISUDSi&rrOlthe CALIFORNIA ASSOCIATION OF REALTORS*
525 South Virgil AVMUB, Loi Angelas, CaBfomla 80020
Reviewed by
Broker or Oestgnae..Date.
VI PA-11 a nc o\r.r\ov
^—' ^^
City of Carlsbad
Planning Department
February 12, 2002
Hofman Planning Associates
Ste 1 50
5900 Pasteur Ct
Carlsbad CA 92008
SUBJECT:PCD 01-05 - RANCHO CARRILLO VILLAGE T
The preliminary staff report for the above referenced project will be available for
you to pick up on Friday, February 15, 2002. This preliminary report will be
discussed by staff at the Development Coordinating Committee (DCC) meeting
which will be held on February 25, 2002. A twenty (20) minute appointment has
been set aside for you at 10:30. If you have any questions concerning your project
you should attend the DCC meeting.
It is necessary that you bring your required unmounted colored exhibit(s) with you
to this meeting in order for your project to go forward to the Planning Commission.
Your colored exhibits must be submitted at this time to ensure review by the
Planning Commission at their briefings. If the colored exhibits are not available for
their review, your project could be rescheduled to a later time. If you do not plan
to attend this meeting, please make arrangements to have your colored exhibit(s)
here by the scheduled time above.
If you need additional information concerning this matter, please contact your
Planner, Van Lynch at (760) 602-4613.
CITY OF CARLSBAD
GARY/E. WAYNE /
Assistant Planning Director
GEW:VL:cs
Continental Ranch., Inc., Ste 100, 2237 Faraday Ave., Carlsbad CA 92008
File Copy
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
City of Carlsbad
Engineering Development Services
MEMORANDUM
DATE: DECEMBER 12, 2001
TO: VAN LYNCH, PLANNING
FROM: JEREMY RIDDLE, ENGINEERING
SUBJECT: PCD 01-05, RANCHO CARRILLO VILLAGE T
Engineering has no issues and no conditions regarding this Planning Commission Determination to revert
APN 222-600-01 to RM Zoning designation. We will have issues and conditions with the development
applications to follow on this property once development is proposed, assuming this PCD is approved.
Please let me know if you wish to discuss this project further. Thanks.
file
^r
City of Carlsbad
Planning Department
December 7, 2001
Hofman Planning Associates
Mike Howes
5900 Pasteur Court, Suite 150
Carlsbad CA 92008
SUBJECT: PCD 01-05 - RANCHO CARRILLO VILLAGE T
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning
Department has reviewed your Planning Commission Determination, application no. 01-05,
as to its completeness for processing.
The application is complete, as submitted. Although the initial processing of your
application may have already begun, the technical acceptance date is acknowledged by the
date of this communication. The City may, in the course of processing the application,
request that you clarify, amplify, correct, or otherwise, supplement the basic information
required for the application. In addition, you should also be aware that various design
issues may exist. These issues must be addressed before this application can be
scheduled for a hearing. The Planning Department will begin processing your application
as of the date of this communication.
Please contact your staff planner, Van Lynch, at (760) 602-4613, if you have any
questions or wish to set up a meeting to discuss the application.
/^MICHAEL J. HOLZiyrfLLER
Planning Director /
MJH:VL:cs
c: Chris DeCerbo
Jeremy Riddle
Mike Smith
File Copy
Data Entry
Planning Aide
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us®
Hofmon Planning
Associates
Planning Project Management Fiscal Analysis
November 13, 2001 WHM
Van Lynch CITY OF CARLSBAD
City of Carlsbad, Planning Department G
1635 Faraday Avenue
Carlsbad, CA 92008
RE: Planning Commission Determination for Rancho Carrillo Village T
Dear Van:
This letter accompanies the following application: Planning Commission Determination for
Rancho Carrillo Village T. Per the directions you provided me when we discussed this project,
the following items are attached:
• Land Use Review Application
• Disclosure Statement
• Project Description/Explanation
• Letters and Exhibits from Lee & Associates Detailing the Latest Marketing Efforts by
Continental Residential, Inc.
• Check for Planning Commission Determination Fees
If you have any questions or need any additional information, please feel free to contact me.
Sincerely,
Mike Howes
cc: Nancy Nemec, Continental Residential, Inc.
5900 Pasteur Court • Suite 150 • Carlsbad • CA 92008 • (760)438-1465 • Fax: (760)438-2443
Continental Homes
2237 Faraday Avenue, Suite 100
Carlsbad, California 92008
(760)931-1980
Fax (760) 931-0237
www.continentalhomes.com
September 10, 2001
Michael Holtzmiller
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
RE: Rancho Carrillo - Village T
Dear Michael,
Thank you for meeting us several months ago to discuss the potential church site at Village T in
Rancho Carrillo. As was suggested by several Planning Commissioners and yourself, we listed
the site with a commercial real estate broker to demonstrate further efforts to sell the site. All
available comparables indicate we have been fairly priced in the marketplace; however, the
feedback we have received is that our site is simply too small. Community facilities sites need to
be larger..
Per your request we attempted to update our comparable sales (none were found) and reviewed
applications at the City. We found five potential church developments on an average size parcel
of approximately 6 acres. Redeemer Lutheran is an excellent example of the multitude of uses
which religious organizations want at their new facilities. In your updated development code you
now require a minimum 2 acre site and incrementally larger for each 100 acres of the proposed
community.
We continue to be absolutely convinced that our church site is too small for today's users. We
have had no luck with community service organizations. The commercial real estate broker took
the rare step of abandoning the listing in frustration. We request staff to reschedule our
application before Planning Commission and seek your support in allowing the community
service facility land use designation of Rancho Carrillo Village T to revert to Residential-
Medium General Plan designation.
If you have any questions I can be reached at (760) 931-1980. f
Sincerely,
GregHastings
Continental Homes
Att: Initial Comps
Updated Comps
/ Pending Applications
Broker Package t.._.
Staff Recommendation
cc: Van Lynch / / ] '
con Lonv
couDUieu.
COMMERCIAL
To:
Company:
Fai #:
Subject:
c:
/
Date:
From:
n
D
Message:
A lam Molnar
nior Associate
Direct Line: 7dO.517.5809
.602.4801
Per Your equest
Please Call Me To Discu: s
Please Sign and Return
G?
Fax #: 7dO
# of Pages:
D For Your
D For You)
Original
WELL BANKER COMMERCIAL
ORTH COUNTY PROPERTIES
&00 ARMADA DRIVE, SUITE 101
TOLL FREE (877) 600-1600
BUS (760) 602-4800
FAX (760) 602-4801
InformationI
Review and Approval
Fo Follow
xW
'1 1120'OK
Each Office is Independently Owned And Operated, i
OOSSV 1VIDXMOD H3MV8 1VFI
ATTACHMENT 6
COLLIERS
INTERNATIONAL
Bob Burmington
Bank of America
4820 Irvine Boulevard
Irvine, CA 92620-1910
4«60 U Job Vitiate Drt*. Sutu 100
San Beta Citfemia 92122
•Mtptvnc tl*.4S$.l$IS
FaciMtc 6I1S46.9M*
www.coKcn.uRi
RE: LA COSTA VALLEY - PLACE OF WORSHIP, 6.4 GROSS ACRES
BROKER OPINION OF VALUE
Dear Bob:
The following is a summary of four church sites that sold since July 1998. I used them as the
basis for my Opinion of Value.
NO.
DATE
1
7/98
2
1/99
3
1/00
4
3/00
SUBJECT
BUYER/LOCATION
Roman Catholic
SECMeliosefc
Cannon Oceanside
Roman Catholic
SWCCaminoUuiz&
Hwy56
Pcnasquitos
Taiwnese Lutheran
Church
Azuaga W.of Camino
Cicra
Carmel Valley
Lutheran Church
Black Rail Rd. west of
Ambrosia Lane
La Costa Valley
NET
ACRES
9.9
8
3.8
10
/^X0L^
PRICE
$1,315.000
$3,600,000
Appraised for
$2,700,000
$930,000
$2,200.000
/ $600,000 1
PRICE/
SF
$3.05
$10.33
$7.75 on
appraised value
J
$5.60 7
I
$5.05 J
.•-'/ $4.60 j
// S
REMARKS
s
I was the broker on this deal.
The Comp Report only
shows a part of the
transaction. It was a total of
11 acres for $3,600,000. It
appraised for $2,700,000.
However, the Catholics
wanted it so bad that they
paid the price. It is raw
property and won't have
roads to it until 2001.
' ••
The site is impacted by the
split pads and/or the cost to
deal with the approximate
40 foot grade separation
between the pads.
A*
COLLIERS
INTERNATIONAL
Based upon the above comps it's my opinion that $600,000 is a fair value for the property.
Please call me if you have any questions.
Best Regards,
COLLIERS INTERNATIONAL
Gunder Creager
Senior Vice President, Marketing
D:\IW\ILIFF\IWA\UC-MVifc7SOV.J
OMPS
tltt Cirroll Centre Rd. Saltc 100, Sin Ditto. CA 92116 (6!9) S7C-3000 (100) (21.1573
Full Comp Report
Saturday, June It, 3000
Linntf/S kj: CtUirn HlffTlitrm
Church Site
SE cnr Cannon Rd & Melrose Dr
Oceantidc.CA 92056
Commercial Land
SDC-52226-IO-98
Issue* 10
Area 01 - Oceanside
$1415,000
MAP: M07-C3
fired*: 169-011-46
Confirmed
BUYER
Roman Citholic Bishop or San Diego
Pastor McGuinn-SL Thomas More
!9tOShidowridgcDr
Vista, CA 92083
(760)599-1980
SELLER
Melrosc/Cannon Partnership
Igor Paskhover - Majestic Car Wash
8017 W 3rd Si
Los Angeles. CA 90048
(213)933-7393
Photo path not found
ADDITIONAL CONTACTS
Parcel # 169-011-46
Par 3PM 18079 + casement
LAND AREA
Acres
Price/Acre
SqHt
Pricc/SqFt
Grots Acreage
11.500
$114,348
500,940
S2.63
Net Atreiee
9.870
SI 33,232
429,937
$3.06
lx>( Dimensions
VITAL DATA
Recording Date
Escrow/Under Contract
Market Time
Exchange
Conditions
Doctf/Tnns Tax
Sale Price
Down Payment
Loan Data
Zoning
Topography
OfTsitet
Structures
Land Improvements
Traffic Tronl
Traffic Side
PRIOR TRANSFER
July 31,1998
1.5 months
180
No
Natural Habitat Issue
479771
$U 15,000 Confirmed
$1.315,000 100%
1st Not Applicable: all cash sale.
C-G-PDD, Oceanside
Sloping
All to site
None
Raw land
11 .flOK-Cannon
N/Av
Irregular
INTENDED USE
To construct the St. Thomas More Catholic Church
LISTING BROKER
Grubb & I-II is
8880 Rio San Diego Dr #200
San Diego, CA 92108
Reg Kobzi Joe Grceno
(619)297-5500 SELLING BROKER (619) 297-5500
Grubb A lillis
8880 Rio San Diego Dr #200
San Diego, CA 92108
Reg Kobzi Joe Greeno
u oMiinttf UK iiromgin caufMd heron ftim
l canning Imein. Rfpv«Jbclivi in «ny feral
art a wkck «tdinn I* W icliikle. COMfS i«rt« m itriatHilioiv. w«Mr of pimci. tift» • laplM.»» fct Kunty «ictiikilny of ikt
«nn atom •rCOMPW.COM. ki. ii parAM An ii|lli IIKTVU Ci*pi^< Ittthr COUPM COM. he. (IOC) 171.U7)
COMPS
9JII Cirroll Ctnire Rt. Solle 100, San Ditto, CA 92116 (<I9) 578-3000 (100) 111-1573
COMPS File* SDC-52226-10-98 TitleCompiny. ChicitoTilk
Full Comp Report
&Mvr4«>t JuMt 24, 206o
UetMted if.- CfUitri Riff Thorn
MAP: II07-CJ Pitcelf: 169-011-46
Lcgil: Fir J PM 11079 + nsement
Description
• rlnUh«4 lot: rial«M4 1*1 <w«t MM ««t «««il*bl«. N«M*vtc, bivhtc
r«pvrt«d th*t buffr will *h*r« t«*ff e««t %*lth n«lffhb«rln« muter IAP«'«
14t-01J- «<.<».
D«ctlB«nt«l IX
Connrmcdliy: Tina Lichens Date: KV9/199H
COMPS
MM Citron Centre Rd. Snltc 100, Stn Ditto, CA 91116 (619} S7WOOO (MO) S2I-1S73
Full Comp Report
Sftunlty, Jumi 14. lift
Ucmttikf: CfUltrt tllffn»rm
Regional Chorea Facility Site
NEofElCaminoRcal
SoJana Beach, GA 92075
Commercial Lind
SDC-14754-03-99
lwue# 3
$2,750,000 Confirmed
MAP: 1167-J5
Pared*: 306-050-18.19
Are* 08 - Beach Cities/Reno SinU Fe
HUYER
The Roman Catholic Bishop
P.O. Box 85728
San Diego, CA 92186
(619)490-8200
SF.LLER
Raymond D Schooley
P.O. Box 463010
Escnndido.CA 92046
(760) 747-3045
Photo path not found
ADDITIONAL CONTACTS
VITAL DATA
Recording Date
Escrow/Under Contract
Market Time
Exchange
Conditions
DoctffTrans Tax
Sale Price
Down Payment
Loan Data
/Coning
Topography
OfTsilcs
Structure!!
Land Improvements
Traffic Front
Traffic Side
PRIOR TRANSFI-R
Parcel # 306-050-18.19
306-050-28
NE4SE4NE4SE4sccl4TI4SR3W
SBB&M •( casement
l-ANJ) AREA Ooss Acreage
Acres 8.320
Price/Acre J330.529
SqPt 362.419
Price/SqI't *7-59
Ix>t Dimensions
375' x 323' apx
INTENDED USE
To construct regional church facility site including
Net Acreage
N/Av
N/Av
N/Av
N/Av
January 15.1999
N/Av
N/Av
No
None
026406 (J770.00 Full)
$2,750.000 Confirmed
J2.750.000 100%
1st Not Applicable: all cash sale.
AI.S. U. County
Rolling
All needed
None
Raw land
N/Av
N/Ap
LISTING BROKER
Unknown
SELLING BROKEN
Unknown
S 1m oM linH <*' lulu™ »*» cm Hurt tartto liw mtui »hitt i> Minn U kt nluUe COMFS mika l> K v.nim) a ftnnic. n^nn « wplid. n u d« Kt«uf « itHjtilily !>( On
I«W hr COMPW.COM. tac. (190) 111-1)7)
COMPS
9MI Cirroll Ccolre Rd. Salle 100. Sin Dleeo, CA 92116 (619) 57»-3000 (100) 121-1573
COMPSFile* SDC-H7J4-OJ.99 Title Company- Chicaio
Full Comp Reporf
Saturday, Jxmi U, }«
LlctiurJ kjr: CfUitn IKff Tie
MAP: II67-J5 Pticelt: 306-050-11.19
Ugil:
SDBAM ^ cucmenl
Description
tilt rrlc«: Tha lndle«t«tf thvt th« v«ltM ««• ••iul«t«^ hy th« («et
th«t S4n DL«qe h«« •9pr««W 4«v* !•!•>» tit at Mlqh*«r 1C tKat Mill ti»«t thl«
piepvrty with * HFH <-|*M ctftct ifittcc»ctln« Hwy. &C »nd •!•• ptevldlnt
lull «ccei* *• i*i« tit*.
• D.e | « m O" <«cu— nt «J«IOJ, AM 1104-050-JI tfinlKrr.ri l.c
nod. 000. On ifaeuxiil I0]tl<7. M« llOt-BtO-M t»»l«iml foi I1.<OC.OOO.
On <tonv>itt IOIHM. MK IJO»-OiO-\« tl»n»l»l«! !•< ««0,001.
• U«ct Ta CAfUCluct ii!ai»B*l diiirch Ctcllitr »H' including f*fict«l and
.f s«n nl>«.
Tha tocitlvn •( pBepvity >M*
Hi«t« it" •• iltvi »4df.«i«
lecjtlaH.ntify
Ceanrmed by: Mire F. Piyne Dite: VIS/1999
988J Carroll Centre Rd. Sullr 100, S»n , CA 92 1 26 (619) 578-3000 (100) 821-1573
Full Comp Report
Saturday. Juiit H, 7»9fl
IJctnstJ fcr: Cetlirn
Church Site
Azuaga W of Cmto Ciera
San Diego. CA 92129
Commercial Land
SDC-34529-04-00
Issue* 4
$930,000
MAP:
Parcel«:
Confirmed
1I89-P4
315-570-05
Area 07 - Rch Bernardo/Ren Pcnasquilos
UUYER
Taiwnese Lutheran Church San Diego
Mclro Properties - Kenneth Wang
4433 Convoy St Ste. H
San Diego. CA 92111
(619)576-6910
SELLER
San Diego Gas & Electric Company
Steven D Davis (V.P.)
101 AshSt
San Diego, CA 92101
(619)696-2000
Photo pith not found
ADDITIONAL CONTACTS
VITAL DATA
Recording Date
Escrow/lhider Contact
Market Time
Exchange
Conditions
Docff/Trans Tax
Sale Price
Down Payment
Loan Data
Zoning
Topography
OfTsitcs
Structures
Land Improvements
Traffic Front
Traffic Siilc
PRIOR TRANSFER
P»rcel# 315-570-05
Legal Par 2PM 14640
LAND AREA
Acres
Price/Acre
SqFl
Pricc/SqFt
GroH Acreage
3.780
$246,032
164.657
$5.65
Net Acreage
3.780
$246,032
164,657
$5.65
Lot Dimensions
January 10,2000
I year
N/Av
No
None
014474
$930,000 Confirmed
$930,000 100%
1st Not Applicable: all cash sale.
CA-CP. San Diego
Level
All to site
None
Raw land
N/Av
N/Ap
Irregular
INTENDED USE
To construct a church
LISTING BROKER
John Bumham - Oncer lirt'l
1901 Camino Vida Roble Ste 120
Carlsbad. CA 92008-6560
Terry Jackson
(760)929-2000 SELLING BROKER
Great Real Estate
1516 W Redwood St #200
San Diego, CA 92101
SamWu
(619)220-6888
H to t* ttana tr trtl>W% «1 *c
fermniot uniinrt term »rpahcu» <* m, torn witbM Oil n*Bx4«ilt« taaM tfCDMW.COM. be. kpitM^ Aail^racr^ bn"|U IMtkrCOMTM.COM.lK.<U*)MMjr).
9RII Cirnll Ctntre Rd. Snlle 100, Sin l)lcto, CA 92126 (619)571-3000 (WO) 111-157:1
COMPS File* SDCO1529-IM-00 Tille Company: SlcwirtTillc
Full Comp Report
Smuttily, June H. loot
Uctnird kf: Ctllirn lllff Ttorii
MAP: IH9-H PiicclC: 3IJ-S70-OJ
Ugll Pv 2 PM I4640
Description
OctiiMnttl CMdltlon: DC Cl»«i I
Confirmed by: Mirk Ptnginiban DiU: 4/22/2000
171
COMPS
IgjU I U
Full Comp Report
ns$ Cirroll Centre Rd. Suite 100, Sin Ditto, CA MI16 («l») S7IJOOO (100)111-1573 . Jum }4. 3 60S
: CtlllrT, Wff 7>»r.
Church Site
Redeemer l)y The Sea Lutheran Church
Black Rii! Rd.W Ambrosia Ln
Carlsbad, CA 92009
Commercial bind
SDC-36935-04-00
Issue* 4
Are* 03-Carlsbad
S2.200.000 Confirmed
MAP: II27-C4
Pared*: 215-080-22
BUYER
Redeemer by the Sea Lutheran Church
Stephen Lawrence (Pres)
6355 Corte Del Abeto Ste. 100
Carlsbad, CA 92008
(760)431-8990
SELLER
Theresa K. Spencer (et al)
Kaiser & Associate
4060 Morena Rlvd Sle. C
San Diego, CA 92117
(619)483-4140
Photo path nut found
ADDITIONAL CONTACTS
Pastor Robert Mcdonald Buyer
Contact (760) 753-2246
VlfALDAtA
Recording Dale
Escrow/Under Contract
Market Time
Exchange
Conditions
DocMTrans Tax
Sale Price
Down Payment
Loan Data
$2,108,220
Zoning
Topography
Oflsitcs
Structures
I jnd Improvements
Traffic Front
Traffic Side
PRIOR TRANSFER
Parcel* 215-080-22
Legal For sec 22 T12S R4W SBB&M
LAND AREA
Acres
Price/Acre
SqPt
Price/Sql:l
Cross Aereaet
10.110
J217,606
440.392
$5.00
Net Atreaec
N/Av
N/Av
N/Av
N/Av
March 13,2000
180 days
180
None
126353 ($2,420.00 Full)
$2,200,000 Confirmed
$91,780 4V.
1st Luthem Church Extension Fund
(VIR) 7.625%
PC, Carlsbad
Level
All to site
One farm building
Raw land
Lot Dimension*
Irregular
INTENDED USE
To construct a church
LISTING BROKER
Seller is broker - represented self
SELLING BROKER
Dyson & Dyson Real Estate
437 Hwy. 101 Ste. 101
Solani Beach, CA 92075
Michael Kassinger
(619)755-0500
COMr.1 ka (bum* llic ml«T..i,wi uMmrt hcien ton iMicn «h«» II bdlcm » kc Itlnklf COMrl nit« m rt^naUliM.oltiXKy w pmo. upna t> ni|lid. • K Oic Biuxy • rdlrtiWK ol Hit
mfmnlni toutginl boon Kcnoikicllai bi mj lorn vlilml thr nftutl wfllle. cmm tf ODMrSC COM. be.« fnMM. A« riflll mend Cin*&t IMt kr OOMPIKCOM. kK. (HOI 111 1)7].
I I
COMPS
98M Carroll Centre Rd. SoKe 100, San Ditto. CA 92126 (619) S7I-3000 (XOO) HI-IS7J
COMPS File* SDCO69J5-04-00 Title Company: Fir* Americin Titk
Full Comp Report ,
Sawriiy, Juxt 34. 3S»e !
UccnifJ «j; Ctllitrt mffntrm
MAP: II27-C4 Parcel f: 215-010-2:
Porice22TI2SR4WSBB£M
Description
Condition: DC Cl*»> 1
Cennrmtdby: MaUMendon Dale 4/17/2000
Lee &.
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
,^^L &L~*
Peter Curry //
Principal
Attachments
Lee & Ar:occ'-3s - Cc.-isocrJ. Ire. A Member of the Lee & Associates Group o! Companies
2011 Pal—no- -i-ort 2oal'-;:~ ;C-2 C::-!-.i'J'J. C- ?2CH? / Off.ce- 763/929-9700 / Fax: 760/927-7977
Lee
Associates
COMMERCIAL REAL ESTATE SERVICES
January 16,2001
Greg Hastings
Continental Homes
2237 Faraday Ave, Ste 100 f
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 Bernardo, 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
'- Member of the Lee & Associates Group of Companies
rlsbad. CA 92039 / Office: 760/929-9700 / rax: 760/929-9977
1
—»
I
I
Greg Hastings
January 16, 2001
Page 2 of2
We will make follow up phone calls to targeted businesses. If you have any further
questions, please feel free to contact us.
Sincerely,
Lee & Associates
Commercial Real Estate Services
Peter Curry S?~ Adam Molnar
Principal Principal
Associates
COMMERCIAL REAL ESTATE SERVICES
The City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Item No. (6
P.C. AGENDA OF: August 7,2002
Application complete date: August 7, 2002
Project Planner: Van Lynch
Project Engineer: Bob Wojcik
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.
II. 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.
Carlsbad, Ca. 92008
6-26-02
Dear Ms. Nemec:
Pursuant to my conversation with Mr. Peter Curry of Business Real Estate Brokerage Co.
yesterday, we are no longer considering your site in Carlsbad. We are instead pursuing an
alternative location.
We sincerely appreciate the opportunity we were given to consider your site. If any
further clarification needs to be offered to the City of Carlsbad by us regarding our past interest,
please don't hesitate to contact us.
Since:
Ken Chernish, for the
Carlsbad Congregations of Jehovah's Witnesses
Cc: Peter Curry, BRE
The City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Item No.
P.C. AGENDA OF: March 6, 2002
Application complete date: December 7, 2001
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.
II. 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 corner 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.
III. 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 O, Q, R, T, Open Space area nine (OS-9), and the
o
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 church/daycare 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 commercial/retail 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 Bernardo, 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 individual/family 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 CARRILLO VILLAGE T
March 6, 2002
PageS
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. Planning Commission Resolution No. 5157 (PCD)
2. Location Map
3. Disclosure Statement
4. Minutes from September 20, 2000 Planning Commission Meeting (PCD 00-02 Rancho
Carrillo Village T)
5. Exhibit "A" - Excerpts of Rancho Carrillo Master Plan
6. Exhibit "B" - Excerpt of General Plan Land Use Element
7. Exhibit "C" - Comparable sales report, dated May 1,2001
8. Exhibit "D" - Letter dated April 4,2001
9. Exhibit "E" - Letter/solicitation package dated January 16, 2001
10. Exhibit "F" - Letter to Planning Commission dated September 11, 2000
11. Exhibit "G" - Solicitation package dated June 30,1999
12. Exhibit "H" - Solicitation package dated November 23,1998
VL:cs:mh
SITE
RANCHO CARRILLO - VILLAGE T
PCD 01-05
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will require
discretionary 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 submittal. Your project cannot
be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city
municipality, 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 the applicant and property owner must be
provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial
interest in the application. If the applicant includes a corporation or partnership, include the
names, title, addresses of all individuals owning more than 10% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person N/A Corp/Part
Title Title
Address Address
2. OWNER (Not the owner's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (i.e,
partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a
corporation or partnership, include the names, title, addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-
owned corporation, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person Corp/Part Continental Residential. Inc.
Title Title
Address Address 2237 Faradav Ave.. Suite 100
Carlsbad. CA 92008
163F> F?.r?>d=i\y Awn~,.a . Parlch^H PA 09003-7-31/1 . /7r~n Pn9-4nnn . FAX
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the
names and addresses of ANY person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
Non Profit/Trust Non Profit/Trust
Title Title
Address Address
4. Have you had more than S250 \vonh of business transacted \vith any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
Yes No If yes, please indicate person(s):_
NOTE: Attach additional sheets if necessarv.
. certify that all the above information is true and correct to the best of my knowledge.
Signature^of owner/dat Signature of applicant/date
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
HiADf/lU COUNTER DlSCLOS'J=.E 5T-'-TE'.'E'.T 5 J3 Pace 2 of 2
COMMISSIONSPLANNING COMMISSIONS September 20,2000 W Page 2
3. CUP 217/(A)X2 - 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
NOES: None
ABSTAIN: 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:
1. PCD 00-02 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
us designation.
Gary Wayne, Assistant Planning Director stated that agenda item #1 was a Continued Public Hearing that
is a Planning Commission Determination regarding Rancho Carrillo Village T.
Indicating the location of the project as Area #1 on an overhead slide presentation, Associate Planner,
Van Lynch stated that Village T was designated in the Master Plan as a community facility site and is
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 COMMISSIOKW September 20,2000 W Page?
site or a residential site; everything except the affordable housing provisions was reviewed to
accommodate either a community site or a residential site.
Commissioner Baker asked if the day care center and the neighborhood recreation facility were originally
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;
Continental dedicated 252-acres. Continental has provided several miles of citywide and Master Plan
trails, even though the City does not have a maintenance or liability entity. The intent of the 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
brokers rely on signage on a prime arterial that has 20,000 ADT. It was determined that a direct mailing
technique would be most effective and KM Lists, Inc., direct mailing company, was used. 595 names
were selected for the first mailing; Mr. Hastings made follow-up calls. 595 contacts were attempted
November 1998 and 215 contacts in June 1999. He advised the Commission that he did not receive a
great deal of response or callbacks. Five church organizations expressed some interest. After looking at
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
importance, as well as the need for extended hours of operation to accommodate various church activities
and it was voiced that the site did not lend itself to the aforementioned. The second mailing to community
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.
Mr. Hastings stated that the La Costa Village price was a close of escrow price, $5.75 a square foot was
the asking price before any negotiations.
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 COMMISSION September 20, 2000 W 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 questioned
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
Baker noted that there is a discrepancy in the acreage and requested clarification regarding Village T
gross acreage of 4.5 and the net developable 3.2 acreage.
Mr. Howes advised the Commission that he was not involved in drawing the detailed maps, but declared
that the acreage was determined at the time of the Master Plan. Detailed grading and tentative maps
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
Commission adopt Planning Commission Resolution No. 4823 approving PCD
00-02, allowing the community service facility land use designation of Rancho
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 COMMISSIOLW September 20, 2000 W Page 5
CORRECTED
Chairperson Compas asked if there was further discussion. Seeing none he called for a vote.
VOTE ON MOTION:
VOTE: 6-6-? 0-7-0
AYES: Compos, Hoincmon, Nioloon, Trigoo, L'Houroux, Bokor, Scgall None
NOES: None Compas, Heineman, Nielsen, Trigas, L'Heureux, Baker, Segall
ABSTAIN: None
Chairperson Compas closed the public hearing.
CONTINUED PUBLIC HEARING:
2. ZCA 99-09/LCPA 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 Code) to: (1) add a Purpose and Intent Section;
(2) add/revise 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 1970's 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 office/industrial zones (i.e.
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 office/industrial
owners/developers 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) add/revise 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.
> 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.
EXHIBIT "A"
The daycare center will be provided within Open space Area 11 adjacent to the park site.
This location will take advantage of the passive recreational opportunities within 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
District 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
EXHIBIT "B"
LAM) USE ELEMENT
C.9 Cooperate with other jurisdictions to ensure
the timely provision of solid waste management and
sewage disposal capacity.
C. 10 Manage the disposal or recycling of solid
waste and sewage within the City.
C. 11 Cooperate with other cities in the region to
site and operate both landfill and recycling facilities.
C. 12 Continue to phase in all practical forms of
mandatory recycling, to the extent possible.
RESIDENTIAL
A. GOAL
A City which provides for a variety of housing
types and density ranges to meet the diverse economic and
social requirements of residents, yet still ensures a cohe-
sive urban form with careful regard for compatibility
while retaining the present predominance of single family
residences.
B. OBJECTIVES
B. 1 To achieve a variety of safe, attractive
housing in all economic ranges throughout the City.
B.2 To preserve the neighborhood atmosphere
and identity of existing residential areas.
B.3 To offer safe, attractive residential areas
with a wide range of housing types, styles and price levels
in a variety of locations.
B.4 To ensure that new master planned commu-
nities and residential specific plans contribute to a bal-
anced community by providing, within the development,
adequate areas to meet some social/human service needs
such as sites for worship, daycare, youth and senior
citizen activities, etc.
C. IMPLEMENTING POLICIES AND
ACTION PROGRAMS
C. 1 Encourage the provision of low and moder-
ate income dwelling units to meet the objectives of the
City's Housing Element.
C.2 Allow density increases, above the maxi-
mum residential densities permitted by the General Plan,
to enable the development of lower-income affordable
housing, through the processing of a site development
plan. Any site development plan application request to
increase residential densities (either above the Growth
Management Control Point or upper end of the residential
density range(s)), for purposes of providing lower-income
affordable housing, shall be evaluated relative to: (a) the
proposal's compatibility with adjacent land uses; (b) the
adequacy of public facilities; and (c) the project site being
located in proximity to a minimum of one of the following:
a freeway or major roadway, a commercial center, em-
ployment opportunities, a City park or open space, or a
commuter rail or transit center.
C.3 Consider density and development right
transfers in instances where a property owner is preserv-
ing open space in excess of normal city requirements.
C.4 Limit medium and higher density residential
developments to those areas where they are compatible
with the adjacent land uses, and where adequate and
convenient commercial services and public support sys-
tems such as streets, parking, parks, schools and utilities
are, or will be, adequate to serve them.
C.5 Locate multi-family uses near commercial
centers, employment centers, and major transportation
corridors.
C.6 Encourage cluster-type housing and other
innovative housing design that provides adequate open
space areas around multi-family developments, especially
when located adjacent to commercial or industrial de-
velopment.
Page 30
H.\l) USE ELEMENT
C.7 Locate higher density residential-uses in
close proximity to open space, community facilities, and
other amenities.
C.8 Consider high and medium high density
residential areas only where existing or proposed public
facilities can accommodate the increased population.
C.9 Coordinate provision of peripheral open
areas in adjoining residential developments to maximize
the benefit of the open space.
C. 10 Encourage a variety of residential accom-
modations and amenities in commercial areas to increase
the advantages of "close in" living and convenient shop-
ping.
C.ll Require new residential development to
provide pedestrian and bicycle linkages, when feasible,
which connect with nearby community centers, parks,
schools, points of interest, major transportation corridors
and the proposed Carlsbad Trail System.
C.I 2 Require new master planned developments
and residential specific plans of over 100 acres to provide
usable acres to be designated for community facilities
such as daycare, worship, youth and senior citizen activi-
ties. The exact amount of land will be determined by a
future amendment to the Planned Community Zone.
C.13 Introduce programs to revitalize all resi-
dential areas which are deteriorating or have a high
potential of becoming deteriorated.
C.14 Ensure that all hillside development is
designed to preserve the visual quality of the preexisting
topography.
C.I5 Consider residential development, which
houses employees of businesses located in the PM Zone,
when it can be designed to be a compatible use as an
integral part of an industrial park.
COMMERCIAL
A. GOALS
A. 1 A City that achieves a healthy and diverse
economic base by creating a climate for economic growth
and stability to attract quality commercial development to
serve the employment, shopping, recreation, and service
needs of Carlsbad residents.
A.2 A City which provides for the development
of compatible, conveniently located neighborhood shop-
ping centers.
A.3 A City which promotes economic develop-
ment strategies, for commercial, industrial, office and
tourist-oriented land uses.
A.4 A City which promotes recreational and
tourist oriented land uses which serve visitors, employees
of the industrial and business centers, as well as residents
of the city.
B. OBJECTIVES
B.I To limit the amount of new commercial land
use designations to that which can feasibly be supported
by the current growth rate of the trade area and the City,
and to those which are consistent with the prime concept
and image of the community as a desirable residential,
open space community.
B.2 To ensure that all residential areas are
adequately served by commercial areas in terms of daily
shopping needs which include convenience goods, food,
and personal services.
B.3 To establish and maintain commercial devel-
opment standards to address landscaping, parking, signs,
and site and building design, to ensure that all existing and
future commercial developments are compatible with
surrounding land uses.
Page 31
EXHIBIT "C"
cr- •../•.)COMPS, Inc.
8715 Businesspark Ava
San Diego. CA 92131-1642
Phone: 858/831-7400 Fax; 858/B31-73Q9
Church Site
Redeemer By The Sea Lutheran Church
Black Rail Rd,W Ambrosia Ln
Carlstad, CA 92009-2804 (
BUYER (760)431-8990
Redeemer by the Sea Lutheran Church
Stephen Lawrence (Pies)
6355 Corte Del Abetn Ste. 100
Carlsbad, CA 92000
SELLER
Theresa K Spencer {et al)
Kaiser & Associate
4060 Morena Blvd Ste. C
San Diego. CA 92117
(619)483-4140
PARCEL 215-060-22
Legal Por sec 22 T12S R4W SBB&M
Land Area
Acres
Price/Acre
SqR
Price/SqFt
Lot Dimensions
Irregular
Intended Usa
To construct a church
Gross Acreage Net Acreage
10.110
$217,606
440,392
$5.00
N/Av
NAv
NAv
NAv
Commercial Land
SDC-36935-04-0020
Parcel* 215-080-22
S2.200.000 Confirmed
Area Carlsbad
Map 1127-C/4
Photo N/AP, Land Sale
Vital Data
Recording Date March 13,2000
Escrow/Under Contract 1 BO days
Days on Market 180
Exchange N/Av
.Conditions None
DooWTrans Tax 126353
Sale Price
Down Payment
Loan Data
$2,200,000
$91,780
($2,420.00 Full)
Confirmed
4%
Zoning
Topography
Offeitas
Structures
Land Improvements
Frontage
Traffic Front
Traffic Side
1st Luthern Church Extension Fund
$2,108,220
VIR.7.625%
PC, Carlsbad
Level
All to site
One farm building
Raw land
281' Black Rail Rd
N/Av
N/Ap
Listing Broker
Seller Is broker - represented self
Selling Broker (656)755-0500
Dyson & Dyson Real Estate
437 Hwy. 101 Ste.101
Solana Beach, CA 92075
Michael Kassinger
Additional Contacts
Buyer Contact
Pastor Rotfert Modcnald
(760) 753-2246
SelacUon Criteria: SALES Evenl; Prooerty Slalus: Published, Unpublished. Non-Arms Lanath: Market SD: PronTvno- nr>M- PropUBB-i T/20nzo'ON DOSSV ivnuMoo mm nt/n/i IIQQ^in
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. Community Service (Village 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 dwelling 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
LEGEND
Community Services
2.1 acpaa
RV Storage
26 ac pad
Elementary School
11.6 acpad
City Park
26.9 ac
Childrens' Daycare
1.8 ac pad
NOTE:
1. Total park acreage does not include raw.';,which are included in the 27.5 acre figure.
R A N C H O Community
Facilities
Approval of these villages above their growth control point is acceptable because
the maximum number of units allowed by the Master Plan, 1816, is below the 2091
residential units allocated to Zone 18 by its approved Local Facilities Management
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 hi a village may be increased up to 10 percent
provided that there is a concurrent reduction in the number of dwelling
units permitted hi another village hi 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
City 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. Description
Village T is located east of El Fuerte 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 RM 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. Special 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:
• 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.
• The Community Service Facilities shall produce a positive landmark
building within the plans overall architectural theme.
177
/ \r' - / \-^ V * -J
Approximate Pad Area:
Approximate Pad Elevation: +195
x\
Note: Fence and wall signs are shown on Exhibit 22&23
LEGEND
f
\
\ x x \
* * \ \ ^ \
\ N. ^ S
\ ^-V Vx \ ^
X^ N \ \ N
Land Use: RM
Product: Com. Facility
Max. Yield: (19)
Community
Theme Wall
j? Community
> Theme Fence
Village Entry •*",,„ rw/Monumentation ** maSeFence
• Resource Fence
X Trail
Trail Headw
C H O
L'
Recreation
Facility
Distant
View
. • Streetscape
View
Design Criteria
Village T 58
J.AM) USE El.EMEKT
C.7 Locate higher density residential-uses in
close proximity to open space, community facilities, and
other amenities.
C.8 Consider high and medium high density
residential areas only where existing or proposed public
facilities can accommodate the increased population.
C.9 Coordinate provision of peripheral open
areas in adjoining residential developments to maximize
the benefit of the open space.
C. 10 Encourage a variety of residential accom-
modations and amenities in commercial areas to increase
the advantages of "close in" living and convenient shop-
ping.
C.ll Require new residential development to
provide pedestrian and bicycle linkages, when feasible,
which connect with nearby community centers, parks,
schools, points of interest, major transportation corridors
and the proposed Carlsbad Trail System.
C.I 2 Require new master planned developments
and residential specific plans of over 100 acres to provide
usable acres to be designated for community facilities
such as daycare, worship, youth and senior citizen activi-
ties. The exact amount of land will be determined by a
future amendment to the Planned Community Zone.
C. 13 Introduce programs to revitalize all resi-
dential areas which are deteriorating or have a high
potential of becoming deteriorated.
C.14 Ensure that all hillside development is
designed to preserve the visual quality of the preexisting
topography.
C.I5 Consider residential development, which
houses employees of businesses located in the PM Zone,
when it can be designed to be a compatible use as an
integral part of an industrial park.
COMMERCIAL
A. GOALS
A. 1 A City that achieves a healthy and diverse
economic base by creating a climate for economic growth
and stability to attract quality commercial development to
serve the employment, shopping, recreation, and service
needs of Carlsbad residents.
A.2 A City which provides for the development
of compatible, conveniently located neighborhood shop-
ping centers.
A.3 A City which promotes economic develop-
ment strategies, for commercial, industrial, office and
tourist-oriented land uses.
A.4 A City which promotes recreational and
tourist oriented land uses which serve visitors, employees
of the industrial and business centers, as well as residents
of the city.
B. OBJECTIVES
B.I To limit the amount of new commercial land
use designations to that which can feasibly be supported
by the current growth rate of the trade area and the City,
and to those which are consistent with the prime concept
and image of the community as a desirable residential,
open space community.
B.2 To ensure that all residential areas are
adequately served by commercial areas in terms of daily
shopping needs which include convenience goods, food,
and personal services.
B.3 To establish and maintain commercial devel-
opment standards to address landscaping, parking, signs,
and site and building design, to ensure that all existing and
future commercial developments are compatible with
surrounding land uses.
Page 31
EXHIBIT "C"
COMPS, Inc.
9715 Businesspatk Ave
San Diego. CA 92131-1642
Phone: 858/831-7400 Fax: B58/B31-7309
Church Site
Redeemer By The Sea Lutheran Church
Black Rail Rd,W Ambrosia Ln
Carlsbad, CA 92009-2804 (
BUYER (760)431-8990
Redeemer by the Sea Lutheran Church
Stephen Lawrence (Pies)
6355 Corte Del Abeta Ste. 100
Carlsbad, CA 92000
SELLER
Theresa K Spencer (et al)
Kaiser & Associate
4060 Morena Blvd Ste. C
San Diego. CA 92117
(619)483-4140
PARCEL 215-080-22
Legal Por sec 22 T12S R4W SBB&M
Land Area
Acres
Price/Acre
SqFl
Price/SqR
Lot Dimensions
Irregular
Intended Usa
To construct a church
Gross Acreage Net Acreage
10.110
$217,606
440,392
$5.00
NAv
NAv
N,Av
Commercial Land
SDC-36935-04-0020
Parcel* 215^080,22
S2.200.000 Confirmed
Area Carlsbad
Map 1127-C/4
Photo N/AP, Land Sale
Vital Data
Recording Date March 13,2000
Escrow/Under Contract 180 days
Days on Market 180
Exchange N/Av
.Conditions None
Doc#/Trans Tax 126353
Sale Price
Down Payment
Loan Data
$2,200,000
$91,780
($2,420.00 Full)
Confirmed
4%
Zoning
Topography
Offsites
Structures
Land Improvements
Frontage
Traffic Front
Traffic Side
1st Luthern Church Extension Fund
$2,108,220
VIR,7.625%
PC, Carlsbad
Level
All to site
One farm building
Raw land
2811 Black Rail Rd
N/Av
N/Ap
Listing Broker
Seller Is broker - represented self
Selling Broker (656)755-0500
Dyson & Dyson Real Estate
437 Hwy. 101 Ste.101
Solana Beach, CA 92075
Michael Kassinger
Additional Contacts
Buyer Contact
Pastor Robert Modonald
(760) 753-2246
Setaclion Criteria: SALES Evenl; Property SlalUSl Published, Unpublished. Non-Arms Lenrjth: Market SD: pronTi/niv rnM- PropUBB- MHii •<r2ttnzo-oN DOSSV iviooio:) mm '\mi IVH
Area Map 1127-C/4 Legal Porsec22Tl2SR4WSBB&M
Compstf SDC-36935-04 «0'0 Title Co. First American Title
This plal map is derived ram currant lax assessor's maps. No opinion Is expressed concerning Via accuracy of any information contained herein.
Site Map
/ \
• Corp, Glj
This site map is derived from Viclnliy.com, No opinion is exprasMd concerning uie aeturacy of any information contained herein.
c 'd DOSSV lVI3rJ3WBOO
CompsNumbar SDC -36935-04-0020 05/04/2001
IMQIOO -HV90:i 1002'^
•
/".-• • -^: ••.,-.- \ \I , " •" , 1v •..,'•'•.->/
Church Site
Azuaga VI of Cmto Clera
San Diego, CA 92129-4059
BUYER (619)576-6910
Taiwnese Lutheran Church San Diego
Metro Properties - Kenneth Wang
4433 Convoy St Ste. H
San Diego, CA 92111
SELLER (518)696-2000
San Diego Gas & Electric Company
Steven D Davis (V.P.)
101 Ash St
San Diego, CA 92101
PARCEL J1SS70-05
Legal Par 2PM 14640
Land Area Gross Acreage Net Acre:
Acres 3.780 3.7
Price/Acre $246,032 $246,(
SqFt 164.657 164,(
Price/SqFt $5.85 $5
Lot Dimensions
Irregular
Intended Use
To construct a church
Listing Broker (760)929-2000 Selling Br
John Bumham- Oncor International Great Rea
1 901 Camino Vida Roble Ste 1 20 1 51 6 W R
Carlsbad. CA 92008 San Diego
Terry Jackson Sam Wu
Selection Criteria: SALES Event: Property Status: Published. Unpublished. N
t 'J^UZO'ON DOSSV
OMdns°S. Inc.
Businesspark Avo
4»n Diego, CA 92131-1642
nhoiie: 858/831-7400 Fax: 858/631-7309
Be
80
32
57
65
Commercial Land k93
SDC-34529-04-0020 Are
Parcel* 315-570-05
rtai
i- ' •
Photo M
Vital Data J
Recording Date JJai
Escrow/Under ContracGl y
Days on Market IN//
Exchange
Conditions
Doc#/Trans Tax
Sale Price
Down Payment
Loan Data
Zoning
Topography
0,000 Confirmed
a Rch Bernardo/Rch Penasqultos
> 1189-F/4
'AP, Land Sale
uary 10, 2000
jar
w
No
Nohe
014474 ( Non Disclosure )
i$930,000 Confirmed
$92
N01
0,000 100%
Applicable: all cash sale.
CA-CP. San Diego
Level
Offsltes fell to site
Structures pJone
Land Improvements
Frontage
Traffic Front
Traffic Side
)ker (619)220-6888
Estate
dwood St #200
CA 92101
;••.••
on-Arma Length; Market: SD; PiepTvpa: CC
Flaw land
307J' Azuaga St (Est)
vi/Av
W
L;FivnjRwoo JRMVH Tiwfloiiy iuUiiiiijiWu' ti Q /Hi vu iiiiiiiu.ii.Ui.
P
Additional Contacts
nopUse: M01 : RacDaie: n.<?/rv4/9001
PiO:i I002 1 'AVH
Area Map 11B9-F/4 \j:ga\ Par 2PM 14640
Compsff SDC-34529-04-00;:0 Title Co. Stewart Title
This plat map is derived fmm current tax assessors maps. No opinion is ex ressed concerning lh« accuracy of any information contained herein.
Site Map
This site map Is flariVsd fmm Vitiniiy.com. No opinion is expressed concemi ig Ihe accuracy of any information contained herein,
Description
The selling broker reported the land sold with no soil contamination.
IIZOM oossv Comos Number SDC-34529-n.4-n.n20 n.s/n4/?ooiimi in
EXHIBIT "D"
Lee&
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
y W*^.
Peter Curry //
Principal
Attachments
Lee & Associates - Carlsbad, Inc. A Member of the Lee & Associates Group of Companies
2011 Palomar Airport Road, Suite 102, Carlsbad, CA 92009 / Office: 760/929-9700 / Fax: 760/929-9977
EXHIBIT "E"
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 ! I
can see, there are several examples where the recipient of this mailer may not apply, but I
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 Bernardo, 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
Lee & Associates - Carlsbad, Inc. A Member of the Lee & Associates Group of Companies
2011 Palomar Airport Road, Suite 102, Carlsbad, CA 92009 / Office: 760/929-9700 / Fax: 760/929-9977
II
E
i
I
Greg Hastings
January 16,2001
Page 2 of2
We will make follow up phone calls to targeted businesses. If you have any further
questions, please feel free to contact us.
Sincerely,
Lee & Associates
Commercial Real Estate Services
Peter Curry // Adam Molnar
Principal Principal
Associates
COMMERCIAL REAL ESTATE SERVICES