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Home My WebLink AboutCUP 12-09; Fortis Fitness & Strength; Conditional Use Permit (CUP) (2)• LAND USE REVIEW APPLICATION P-1 • Plamina Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca,gov APPUCATIONS .APPLJED FOR: (OIECK BOXES) (FOR DEPT. USE ONLY) I """ttY! Pennlfl (FOR DEPT. USE ONLY) 0 Admlnistndiva Permit 0 GerMnl Plan Amendment 0 Coastal Development Permit M 0 Minor D Local eaata1 Pragnun Amendment M 1------1 1x 1 Conditional u.e Permit(") rz .. -o~ 0 Minor 0 Extension 0Amendment 0 Envlronrnentrlllmpact Aueesment 0 Habitat Management Pennlt 0 Minor D Hllllllde Development Penn1t M 0 Planned Development Permit 0 Residential D Non-Residential D Planned Industrial Pennlt D Plamlng CQmmlaelon Detannlnation 0 Site Development Plan 0 Special Use Pennlt 0 Tentative Tract Map 0 Variance 0 Administrative 0 Specltlc Plan D Amencbent 0 Zone Change M 0 Zone Code Amendment South Carf!bad COISIIf Reri!w AcH P!nnlls 0 Review Permit 0 Admin 0 Minor D Major Jllllaqe R!!!lew AIM Pwmlts D Review Pennlt D Admin 0 Minor D Major M = eligible for 25% discount NOTE: A PROPOSED PROJECT REQURING.Iall.TPLE APPUCAtiONS IIUST BE SU8IIIlTED PRIOR TO 3:30 P.ll. A PROPOSED PROJECT REQUIRING ONLY OIIE APPUCATICIIII IIUirl" BE SUIIIm"r'ED PRIOR TO 4<00•p .II. ASSESSOR PARCEL NO(S).: 213-263-12 PROJECT NAME: Fortis Fitness and Strength Training BRIEF DESCRIPTION OF PROJECT: Conditional Use Permit for an Athletic Facility BRIEF LEGAL DESCRIPTION: Lot of Carlsbad Tract CT 05-09, in the city of Carlsbad, County of San Diego, State of California, according to the map thereof NO. 15669, filed in the office of the County Recorder of said San Diego County, January 15, 2008 fAPN! 213-263-12) LOCATION OF PROJECT: ON THE: BElWEEN P-1 North (NORTH, SOUTH, EAST, wesn El Fuerte Street (NAME OF STREEn 2112 Gateway Road SlOE OF AND STREET ADDRESS Gateway Road (NAME OF STREEn Easterly intersection of Gateway Road and Palomar Airport Road (NAME OF STREEn Pagetof5 Reviled 05112 ----~-------------------------..... • ONNER NAME (Print): UR, LlC --~~-----------------MAiliNG ADDRESS: P.O. Box 743 ----------------------------CITY, STATE, ZlP: Ran_cho sante Fe~ CA·92067 'TELEPHONE: EMAIL ADDRESS: I CERTFY lHAT I. AM THE LEGAL DMER AND THAT ALL THE ABOtiE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY. 7J,~J, MAIUNG ADDRESS: 2888 Loker Avenue East. Suite 217 CITY, STATE, ZIP: Car1sbad, CA 92010 • APPUCAHT NAME (Print): Jamie McCann -------------------MAIUNGADDRESS: 330 Endnita$ Blvd. Suite 2./ CITY, STATE. Zl~ Endn~s, CA 92024 TEI..EPHONE: 760-632~ext 15 EMAIL ADDRESS: jamie@jrmae.rom .r'f.I:RTJI=-dlli\T I AM 'THE LEGAL REPRESENTATIVE OF THE OWNER AU. INFORMAllON IS TRl.IE AND ~CT1P f)r/2 • /2.-- 0ATE -------------------------------------------------------------TEI.&HONE: 760.929.2288 Ext. 403 EMAIL ADDRESS: mlkehowes(!?hwplannlng.com I CER11FY THAT I AM Tl£ LEGAL REPRESENTATIVE. ciF THE APPL.ICANT AND THAT AU. THE ABcNE INFORMA110N IS TRUE AND CORRECT TO THE BEST OF MY KNOM.EDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY SE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING CO~MtSSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY niAT IS lliE SUBJECT OF llifS APPUCA'fiON. INVE CONSENT TO ENTRY FOR THJS PURPOSE. . N011CE OF RESTRICTION: PROPERlY OWNER ACKN0NLEDGES AND CONSENTS TO A NOTICE OF RESTRICllON BEING RECORD!o ON THE l1TLE TO HIS PROPERTY F CONOI'TiONED FOR THE .APPliCANT. NOTICE OF RESTRICTIONS RUN \MTH ~'l'~~"~ ~~SI~ FOR CITY USE ONLY P-1 RECEIVED JUL 13 2012 :nON RECEIVED I~ Revised 05112 ---·---------· ---···-· -------· --------------------- -------------~-------- • DISCLOSURE STATEMENT P-1(A) • Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov 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: Parson 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, titles, addresses of all individuals owning more than 100k of the shares. IF NO INDIVIDUALS 0\NN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, tides, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person James McCann Corp/Part Title !f(~. nue ·---------- Address 330 Encinitas Blvd. suite 201 Address ·--------------------------Encinitas, CA 92024 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 partnefshiD. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 100/c, 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.) \. }'erson Leighton Frye Corp/Part UR, LLC _ A Title (!/,f.~ Trtle M.-..'".=>"''? ~-'"'f.--- Address P.o. Box 743 Address ·----------------------- Rancho Sante Fe, CA. 92067 P-1(A) Page1 of2 Revised 07/10 • ( 3. NON-PROFIT ORGANIZATiON OR:i'RO.s;T • ( If aey person ldentlflea pursuant to.:(1) or (2) {lbov(a" IS; a noDD'roljt oraanization. or a trust.. list the names ai'Jd,;addresses of 6J:l! person serving ;is an offiter :Or direetot of the non- pratitorganfzatlon Qr as tru~ qr, ~nef{Ci$rJ .. Qfthe;. N0'11 Profif!Trust Noo. Proffl!Trust,__ ..,...:---------- Title Trtte. ___ ..,...,....--....------- Add~ss. ________________ __ Aadr~~-------------------- 4.. Have you tiad more. ~n $500 wcitth of bo$Jn·~ ~1)$~~ ~th any ·memt)el" of City staff; -Boards, Commissions, Committees and/or Council Within the past twelve .(12) monthS? 0 Yes [~ No If yes, please indicatE! person(s):.~-.....---__,.------ NOTE: Attach addlttonal sheets if "*8Ssary. · I certify that all the above In.fOnnatlon is ttue ahd · ~~ll{};wy :----nature of qwner/date leighton· Frye Print or type name of owner Signature of QWnerlappJicanf$. agent if ~pp~e{ctate MlcbaerG. Howes Print or type name .of ownertiapplicahfs:a.gent. P·1(A) Revised 07110 ·-·-···---···· ····------------------- • HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) • Consultation of lists of Sites Related to Hazardous Wrstes (Certification of Compliance with Government Code Section 65962.5) Plannlnc Division 1635 Faraday Avenue (760) 60Z~10 www.carlsbadca.gov Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous waste and Substances Sites list compiled by the California Environmental Protection Agency and hereby certify that (Check one): 0 The development project and any alternatives proposed in this application I!1.!!S!t contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. 0 The development project and any alternatives proposed in this application .1!! contained on the lists compiled pursuant to Section 65962.5 ofthe State Government Code. APPLICANT Name: James Mccann Address: 330 Encinitas Blvd. Suite 201 Encinitas, CA 92024 Phone Number: 760-632-9400 ext. 15 PROPERTY OWNER Name: Leighton Frye Address: P.O. Box 743 Rancho Sante Fe. CA 92067 Phone Number:. _________ _ Address of Site: __ 27_1_2_Ga_t_e_wa_v_R_o_a_d_ea_r_ls_ba_d_. _CA_9_2_o _____________ _ Local Agency (City and County): City of cartsbad -County of San Diego Assessor's book, page, and parcel number:_213_.._-2_6_3_-1_2 _____________ _ Specify list(s): __ N_IA ______________________ _ Regulatory Identification Number:._N_/_A __________________ _ eo ist:_N/~A~------------------------- e Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing lnfonnation about the location of hazardous materials release sites. P-1(C) Page1of2 Revised 07110 ---···--..... --- «~~\ "~ CITY OF CARLSBAD TIME UMITS ON DISCRETIONARY . . .. PROJECTS P•1(E) PLEASE NOTE: • Development Services Plannins Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of disci'etionary projects· established by state law do not start until a project application is deemed complete by the City. The City has 30 cafenctar days tom the date of application submittal to determine whether an application· is complete or lncomp1ete. Within 30 days of submittal of this appliCation yoU. will NCelve a letter stating whether 1hls applicatiOn is complete or incomplete. If it is Incomplete, the letter will. state what is ~ to make this application complete. VVhen the application is complete, the _proc::esting period WiQ 'Start upon the date of the compl8tion letter. If you have any Ngardlng application· subm1Ual raquttements (I.e., clarification regarding a specific all requirements are necessaty for your particular appllcatlon)-please Staff Signature: Date: To be stapled with receipt to the application P..1(E) Page1 0(1 Reviled 07110 ... ---~----------------·- • • CONDITIONAL USE PERMIT for FORTIS FITNESS & STRENGTH TRAINING PROJECT DESCRIPTION and PARKING ANALYSIS PROJECT DESCRIPTION Fortis Fitness and Strength Training {Fortis) is requesting approval of a Conditional Use Permit to locate at 2712 Gateway Road (Building E of the Spectrum Flex) within the Bressi Ranch Master Plan. Although this site is zoned P-C, its underlying implementing Zoning is PM, Planned Industrial. Athletic Clubs are permitted in the PM zone subject to Planning Commission approval of a Conditional Use Permit. Fortis' Primary Target Market Fortis intends to target and serve three primary fitness areas (i) the elite young athlete via personalized athletic instruction and strength training, (ii) general purpose fitness conditioning as part of sports related injury prevention and/or rehabilitation and (iii) the more traditional recreational and fitness type user, which not uncommonly will be the parents of the youth participants. Fortis strength training programs are designed to focus on athletic skills, development and training for individuals (private) and small groups (semi-private), with occasional team instruction and participation via Fortis team of personal trainers (including trainers with professional athletic backgrounds). Strength training programs will be individually tailored to each client's individual sport, goal, etc. For its recreational clients, Fortis will primarily focus on cardiovascular activities such as dance, barre, yoga, Pilates, zumba, etc. While the two aspects of Fortis business plan do differ, they are envisioned as complementary to one another, i.e., high school age athletes may be downstairs learning the proper mechanics of a baseball swing while mom is working out in an aerobics or yoga class. Fortis-Private & Semi-Private Personalized Training {not an open member gym) Fortis is not a traditional open member gym, such as a 24-Hour Fitness club; rather, Fortis will cater to individuals seeking private and semi-private personalized instruction and athletic training. Fortis' business plan is not modeled after any of the traditional mass membership clubs, and the facility is neither sized nor staffed to accommodate a large number of unsupervised, open, or walk-in type workouts. Fortis Facility -10,566 Square Feet The facility is approximately 10,566 square foot; 7,520 on the ground floor and 3,046 on the mezzanine (2"d floor). Approximately 1/3 of the ground floor space will be dedicated to athletic I strength training equipment, weights, pulleys, etc.; another 1/3 will be indoor turf and/or sport court surfaces to be used for speed and agility type workouts (i.e., football, baseball, lacrosse type training, etc.) and the balance will be dedicated to office and multi- ~-~---~---------------------• • purpose use studios, including up to 1,000 SF for massage and rehabilitation services primarily related to sports injuries. A pro shop, reception, juice/sandwich counter, men's and women's restrooms, showers, laundry will also be located on the first floor. The mezzanine space will consist of two or three large multi-purpose studio rooms to be used for cardio type workouts, i.e., spin classes, yoga, Pilates, dance, zumba, etc.) Normal business hours of operation will be Monday-Sunday 5 A.M. to 11 P.M. PARKING ANALYSIS Parking requirements for the proposed location were approved per CT 05-09/PUD 05-07 /PIP 05-06 on the assumption that Building "E" (10,566 SF) would consist of 75 percent office, 15 percent manufacturing and 10 percent warehouse. Office land use provides a parking ratio of 1 parking space per 250 square feet, manufacturing land use provides a parking ratio of 1 parking space per 400 square feet, and warehouse land use provides a parking' ratio of 1 space per 1,000 square feet. The total parking demand assumed for Building "E" is 38 spaces. The City's parking requirement for a "typical" athletic facility use is 1 space per 200 square feet; or 53 spaces, leaving a deficit of 15 spaces. The Spectrum Flex site has been developed with a variety of uses that have different peak parking demands. Some of the uses are typical office/industrial uses that have their peak parking demand during the normal weekday hours while others have a peak demand in the evening or weekend hours. listed below are the existing uses within the Spectrum Flex site and their primary business hours: Maximum # of parking spaces per City approvals (assumes Fortis CUP requested 53 spaces) Building A-Waterworks Aquatic Center-weekdays, evenings and weekends; (CUP10-03); 44 spaces Building B-Flooring Showroom -weekdays normal business hours; 26 spaces Building C -Electronic Parts Distribution -weekdays normal business hours; 26 spaces Building D-vacant; 38 spaces Building E -Proposed Fortis -weekdays, weeknights and Saturdays (application for CUP); 53 spaces Building F-Machine Shop-weekdays normal business hours; 22 spaces Building G -Bressi Vet Hospital-weekdays normal business hours (MCUP-0821); 41 spaces Building H-Flooring Showroom -weekdays normal business hours; 26 spaces Building I -Christian City Church-Sunday mornings, Saturday & Wednesday nights (CUP -10- 09); 93 spaces As mentioned above, when the Spectrum Flex site was originally approved it was assumed that • • Building E would generate a parking demand of 38 spaces, while the proposed athletic facility would generate a parking demand of 53 spaces creating a "potential deficit" of 15 parking spaces. However, due to the variety of uses on site and their different peak hours this should not be an issue for the proposed athletic facility. The major user of parking spaces in the vicinity of Building E is the church in Building I. The major peak parking demand created by the church would be on Wednesday nights, Saturday nights and Sunday mornings. Generally these are not the peak hours for a specialized athletic facility such as Fortis. Parking Survey and Observation A written parking survey was undertaken by the applicant (attached and signed by each property owner) and in addition, the applicant conducted multiple on-site observations of the whole project to further evaluate the accuracy of the written parking survey. Not surprisingly, the owners' written survey was very nearly exactly the same as was observed. From these written surveys (verified by on-site observations) and follow up conversations with the Owners, the attached parking graphs were generated to detail the parking usage of the whole of the nine (9) building Gateway I Bressi Ranch project between the hours of 5:00 am and 11:00 pm. Four weekday conditions and two weekend conditions are shown. All six conditions are considered relevant by virtue of the fact that the C3 Church parking usage varies widely from one day to the next; whereas the balance of the usage (for the other 8 buildings) is rather uniform during both weekdays and weekends; albeit, markedly reduced on weekends (with the exception of the Waterworks Aquatics & Fortis whose weekend use is nearly the same as their weekday use. Project Provided Parking Exceeds Demand At All Times In all six conditions, by virtue of the different hours of demand, there is more project provided parking (269 total spaces = roughly 3.6 parking spaces per thousand square feet (3.6/1,000) than demand. Weekday parking demand never exceeds roughly 75% -80% of provided parking except for Wednesday between the hours of 4pm -6pm and Thursday lOam -12 pm (by virtue of C3 conferences at those times) where parking used is projected to be on the order of 92%-98%. It should be noted, however, that this projected demand assumes a worst case scenario where the last building of approximately 10,600 square feet uses 100% of its project provided 3.6 spaces per thousand square feet (as compared to the balance of the non-CUP Owners /Users where only Y2 of the project provided parking is ever in use). For the weekends, there is plenty of parking at all times, where demand never exceeds 82% of provided parking(+/-70% on Saturdays and 82% on Sundays). • • Fortis Projected Parking Use (Users and Employees) Fortis projected parking use (see attachments) are (i) derived from the tentative class schedule that is envisioned for the four multi-purpose studio rooms and the weights and equipment training floor and {ii) assume a near worst case scenario of 1.2 persons per automobile {better is expected and will be encouraged, but it was deemed appropriate to make a very conservative assumption so as not to understate potential peak hour demands). The Fortis parking demands are detailed above the parking graphs in the last column titled "total Fortis Individuals = Users + Employees". Draft Joint Use Parking Agreement (Binding all Owners) And finally, the applicant for Fortis provided the parking graphs and supporting information to each owner and followed up with individual meetings with all of the owners of the buildings in the Spectrum Flex Project so as to be sure that each owner was fully aware of the effect of adding Fortis additional parking demands to the overall Project. No owner objected to the additional Fortis demand and the applicant has memorialized each owner's approval of the Fortis addition to the Project with each owner's signature on a "draft" Joint Use Parking Agreement for the proposed Fortis Conditional Use Permit (attached). It is understood that this agreement does not supersede the need for a formal Joint Use Parking Agreement prepared by the City Attorney's office. However, it was prepared in the same format and contains the same information and restrictions that would be contained in a Joint Use Parking Agreement prepared by the City Attorney's office. All of the property owners have been able to review the document and understood its potential impacts and were all willing to sign the draft joint use agreement subject to an approval of a Conditional Use Permit for the proposed Fortis Fitness Facility. Miscellaneous As part of the parking usage considerations, it has been determined appropriate to provide the closest Owner (Building C) with five (5) placards to be placed in front of parking at the building entrance which will read "Parking for United Pacific Electronics Parking Only''. These will be posted 24/7. In addition, Fortis has assured its owner neighbors that it will adhere to the City of Carlsbad's Noise Guidelines and any other applicable City standards for the Normally Acceptable levels for General Industrial and Manufacturing. • • Community Serving Fortis Fitness & Strength Training will fill a niche in the fitness market that is not covered by other facilities in the City of Carlsbad. Almost all of the other existing and approved facilities fall into one of two categories, the very large group membership facilities or the very small facilities The larger facilities, such as Pure Fitness or 24 Hour Fitness, depend on large numbers of users and large exercise classes with much of their business as walk in traffic. The smaller facilities are in the 1,000-4,000 square foot range and exist almost exclusively on private training. At 10,000 sq. ft. Fortis Fitness & Strength fits in between these two extremes in terms of size which allows Fortis the space to provide (on a reduced scale) the broader range of facilities and programs like a larger facility, but on a more personalized, private and semi-private customized basis. Under one roof, Fortis will provide technical athletic skills, development and personal training, as well as more recreational forms of fitness such as dance, barre, yoga, Pilates, zumba, etc. Unlike the larger facilities, Fortis will not be an open membership fitness facility and won't cater to or rely on walk in traffic; rather, Fortis will develop its customer base via time, promotion and reputation as a first class facility and will maintain its operations in accord with scheduled activities so as to maintain personalized (small facility) quality control. MCCLELLAN-PALOMAR AIRPORT LAND USE COMPATIBILITY PLAN As well as agreeing to support the proposed use and agree to the terms of a joint use parking agreement, all of the property owners at the Spectrum Flex are requesting that land uses on this site be based on the uses permitted by the approved March 4, 2010 McClellan-Palomar Airport Land Use Plan, however, not as a precondition to their support of the Fortis application. According to the 2010 CLUP, this site is located in Compatibility Zone 6 which places no restrictions on land uses other than large outdoor stadiums and would allow all land uses permitted by right or subject to approval of a Conditional Use Permit in the PM Zone. w 1-0:: w ::::> u.. ...J w I I I I I AQUATIC CENTER A I ·----------------~ I U I 1 u u ------------~ - - UNITED PACIFIC ELECTRONICS B. C. ·ilr -· -D. E FLOORING SHOWROOM \ 1 VACANT ----~ GATEWAY ROAD w .... 0::: w :::> LL ...1 w I I I I I / r--~ WEEKDAy PALO-M-AR-AIRP_O_R_T RO-AD_,- / JOINTUSE DAYTIME USE -------- / PARKING AREA I ~-~------------------------------~ AQUATIC CENTER A ------------~ -- UNITED PACIFIC ELECTRONICS B. C. FLOORING SHOWROOM 'ill D. VACANT GATEWAY ROAD ) / w 1-a:: w ::::> u. ...J w ,r-:,~u~ E~~~~g~~E ------PALO~:=~R~::-r_ I PARKING AREA I I ,-~------------------------------~ _u ,Q u b u ' u, ~ I I I I I I I I AQUATIC CENTER A B. FLOORING SHOWROOM ------------~ - - UNITED PACIFIC ELECTRONICS c. FLOORING SHOWROOM H: ·;a]· D. E VACANT GATEWAY ROAD Projected Monday and Friday Parkins use ------ao: __ ... ------a..-TOTAl. USED PER ----_.,., --"USED OWNER SURVEY A 8 c D E F G H I 5:00AM 0 0 5 0 2 1 0 0 0 8 3% 6:00AM 0 0 8 0 32 1 0 0 0 41 15% 7:00AM 4 6 12 38 7 12 4 2 0 85 31% 1:00AM 44 6 12 38 39 12 4 2 0 157 58% 9:00AM 44 6 12 38 23 12 20 4 5 164 61% lO:OOAM 44 6 12 38 16 12 20 5 5 158 59% ll:OOAM 44 6 12 38 7 16 25 6 5 159 59% U:OOPM 44 6 12 38 43 16 25 6 5 195 73% 1:00PM 44 6 12 38 28 16 25 6 5 180 67% Z:OOPM 44 6 12 38 3 16 25 6 5 155 58% S:OOPM 44 6 12 38 5 16 25 7 5 158 59% 4:00PM 44 0 12 38 19 14 25 8 5 165 61% 5:00PM 44 0 12 38 24 14 25 8 10 175 65% 6:00PM 44 0 12 38 25 14 25 8 10 176 65% 7:00PM 35 0 12 38 21 14 13 2 30 165 61% I:GOPM 20 0 12 38 3 10 8 0 40 131 49% 9:00PM 5 0 5 38 2 6 0 0 10 66 24% lO:OOPM 0 0 0 0 2 1 0 0 2 5 2% ll:OOPM 0 0 0 0 0 0 0 0 0 0 0% Projected Monday and Friday Parking Use 5:00AM 6:00AM 7:00AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00PM 2:00PM 3:00PM 4:00PM 5:00PM 6:00PM UNUSED "UNUSE[ 261 97% 228 85% 184 69% 112 42% 106 39% 111 41% 110 41% 74 27% 90 33% 114 42% 111 41% 104 39% 94 35% 93 35% 104 39% 138 51% 203 76% 264 98% 269 100% 7:00PM 8:00PM 9:00PM Total Fortis Individuals • Users + Empoloyees 2 38 8 47 27 19 8 52 33 4 6 23 29 30 25 4 2 2 0 10:00 PM 11:00 PM UNUSED C3 Church I Flooring America H Bressi Ranch Pet Hospital G Pacific CNC Machine Co. F • Fortis Fitness and Strength Training E • Vacant D • United Pacific Electronics C • Five Elements B • Waterworks Aquatics A • --------·------A 8 c D E 5:00AM 0 0 5 0 2 6:00AM 0 0 8 0 5 7:00AM 4 6 12 38 39 8:00AM 44 6 12 38 23 t:OOAM 44 6 12 38 19 lO:OOAM 44 6 12 38 7 ll:OOAM 44 6 12 38 19 U:OOPM 44 6 12 38 40 1:00PM 44 6 12 38 28 2:00PM 44 6 12 38 3 3:00PM 44 6 12 38 5 4:00PM 44 0 12 38 7 5:00PM 44 0 12 38 27 6:00PM 44 0 12 38 23 7:00PM 35 0 12 38 18 8:00PM 20 0 12 38 3 9:00PM 5 0 5 38 2 lO:OOPM 0 0 0 0 2 ll:OOPM 0 0 0 0 0 [- 90% 80% 70% 50% 20% 5:00AM 6:00AM 7:00 AM 8:00AM 9:00 AM lO:OO AM ll:OO AM Projected Tuesday Parking Use -""' __ ... --c... --CJ""""' TOTAL USED PER "USED OWNER SURVEY F G H I 1 0 0 0 8 3% 1 0 0 0 14 5% 12 4 2 0 117 44% 12 4 2 0 141 53% 12 20 4 5 160 60% 12 20 5 5 149 55% 16 25 6 5 171 64% 16 25 6 5 192 71% 16 25 6 5 180 67% 16 25 6 5 155 58% 16 25 7 5 158 59% 14 25 8 5 153 57% 14 25 8 10 178 66% 14 25 8 25 189 70% 14 13 2 38 170 63% 10 8 0 47 138 51% 6 0 0 47 103 38% 1 0 0 47 so 18% 0 0 0 10 10 4% Projected Tuesday Parking Use 12:00 PM 1:00 PM 2:00PM 3:00PM 4:00PM 5:00PM 6:00PM UNUSED "UNUSEJ: 261 97% 255 95% 152 56% 128 47% 109 40% 120 45% 98 36% 77 29% 90 33% 114 42% 111 41% 116 43% 91 34% 80 30% 100 37% 131 49% 166 62% 219 82% 259 96% 7:00 PM 8:00PM Toul Fortis Individuals = Users + Empoloyees 2 6 47 28 23 8 23 48 33 4 6 8 32 28 21 4 2 2 0 9:00PM 10:00 PM 11:00 PM UNUSED C3 Church I Flooring America H Bressi Ranch Pet Hospital G Pacific CNC Machine Co. F • Fortis Fitness and Strength Training E • Vacant D • United Pacific Electronics C • Five Elements B • Waterworks Aquatics A • Projected Wednesday Parking Use ------ClOt __ ... ........ -----.... _ -co. --CJ""""' TOTAl USED PER "USED --OWNER SURVEY A B c D E F G H I 5:00AM 0 0 5 0 2 1 0 0 0 8 3% 6:00AM 0 0 8 0 32 1 0 0 0 41 15% 7:00AM 4 6 12 38 7 12 4 2 0 85 31% 8:00AM 44 6 12 38 36 12 4 2 0 154 57% 9:00AM 44 6 12 38 23 12 20 4 5 164 61% !O:OOAM 44 6 12 38 16 12 20 5 5 158 59% ll:OOAM 44 6 12 38 7 16 25 6 5 159 59% 1Z:OOPM 44 6 12 38 43 16 25 6 5 195 73% 1:00PM 44 6 12 38 28 16 25 6 5 180 67% 2:00PM 44 6 12 38 3 16 25 6 5 155 58% 3:00PM 44 6 12 38 5 16 25 7 20 173 64% 4:00PM 44 0 12 38 19 14 25 8 70 230 86% 5:00PM 44 0 12 38 23 14 25 8 70 234 87% 6:00PM 44 0 12 38 27 14 25 8 70 238 88% 7:00PM 35 0 12 38 23 14 13 2 70 207 77% 8:00PM 20 0 12 38 3 10 8 0 15 106 40% 9:00PM 5 0 5 38 2 6 0 0 10 66 24% !O:OOPM 0 0 0 0 2 1 0 0 2 5 2% !1:00PM 0 0 0 0 0 0 0 0 0 0 0% F 90% Projected Wednesday Parking Use 80% 70% 60% SO% 40% 30% 20% 10% 0%+ 5:00AM 6:00AM 7:00AM 8:00AM 9:00AM 10:00 AM 11:00 AM 12:00 PM 1:00PM 2:00PM 3:00PM 4:00PM 5:00PM 6:00PM UNUSED "UNUSED 261 97% 228 85% 184 69% 115 43% 106 39% 111 41% 110 41% 74 27% 90 33% 114 42% 96 36% 39 14% 35 13% 31 12% 62 23% 163 60% 203 76% 264 98% 269 100% 7:00PM 8:00PM Total Fortis Individuals c Uwrs +Empoloyees 2 38 8 43 27 19 8 52 33 4 6 23 28 32 28 4 2 2 0 9:00PM 10:00 PM 11:00 PM UNUSED C3 Church I Flooring America H Bressi Ranch Pet Hospital G Pacific CNC Machine Co. F • Fortis Fitness and Strength Training E • Vacant D • United Pacific Electronics C • Five Elements B • Waterworks Aquatics A _j • Projected Thursday Parking Use -...... _ --hdft<OOC: __ ... -----·-... _ -Co. --oa...a. TOTAL USED P£R "USED UNUSED "UNUSED -,_ OWNER SURVEY A B c D E F G H I 5:00AM 0 0 5 0 2 1 0 0 0 8 3% 261 97% 6:00AM 0 0 8 0 5 1 0 0 0 14 5% 255 95% 7:00AM 4 6 12 38 39 12 4 2 0 117 44% 152 56% 8:00AM 44 6 12 38 23 12 4 2 0 141 53% 128 47% 9:00AM 44 6 12 38 19 12 20 4 35 190 71% 79 29% 111-.00AM 44 6 12 38 7 12 20 5 50 194 72% 75 28% ll:OOAM 44 6 12 38 19 16 25 6 50 216 80% 53 20% U:OOPM 44 6 12 38 40 16 25 6 50 237 88% 32 12% 1:00PM 44 6 12 38 28 16 25 6 5 180 67% 90 33% 2:00PM 44 6 12 38 3 16 25 6 5 155 58% 114 42% 3:00PM 44 6 12 38 5 16 25 7 5 158 59% 111 41% 4:00PM 44 0 12 38 7 14 25 8 5 153 57% 116 43% 5:00PM 44 0 12 38 27 14 25 8 10 178 66% 91 34% 6:00PM 44 0 12 38 23 14 25 8 25 189 70% 80 30% 7:00PM 35 0 12 38 18 14 13 2 25 157 58% 113 42% 8:00PM 20 0 12 38 3 10 8 0 15 106 40% 163 60% 9:00PM 5 0 5 38 2 6 0 0 10 66 24% 203 76% 10:00 PM 0 0 0 0 2 1 0 0 2 5 2% 264 98% ll:OOPM 0 0 0 0 0 0 0 0 0 0 0% 269 100% Projected Thursday Parking Use 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 5:00AM 6:00AM 7:00AM 8:00AM 9:00AM 10:00 AM 11:00 AM 12:00 PM 1:00PM 2:00PM 3:00PM 4:00PM 5:00PM 6:00PM 7:00PM 8:00PM Total Fortis Individuals = Users + Empoloyees 2 6 47 28 23 8 23 48 33 4 6 8 32 28 21 4 2 2 0 9:00PM 10:00PM 11:00 PM UNUSED C3 Church I Flooring America H Bressi Ranch Pet Hospital G Pacific CNC Machine Co. F • Fortis Fitness and Strength Training E • Vacant D • United Pacific Electronics C • Five Elements B Waterworks Aquatics A • --------------A 8 c D E 5:00AM 0 0 2 0 0 6:00AM 0 0 3 0 0 7:00AM 4 0 3 28 2 1:00AM 44 0 3 28 16 9:00AM 44 0 3 28 22 10:00AM 44 0 3 28 39 ll:OOAM 44 0 3 28 10 U:OOPM 44 0 3 28 38 1:00PM 20 0 3 28 5 2:00PM 20 0 3 28 3 3:00PM 20 0 3 28 3 4:00PM 20 0 3 28 14 5:00PM 20 0 3 28 2 6:00PM 0 0 3 28 2 7:00PM 0 0 3 28 0 1:00PM 0 0 3 10 0 9:00PM 0 0 0 0 0 10:00PM 0 0 0 0 0 11:00PM 0 0 0 0 0 100% 90% 80% 70% 60% SO% 40% 30% 20% 10% 5:00AM 6:00AM 7:00AM 8:00AM 9:00AM 10:00 AM 11:00 AM Projected Saturday Parkin& Use -""' __ ... -a"'""" TOTAl. USED PER -c.. --"USED UNUSED "UNUSED OWN£R SURVEY F G H I 1 0 0 0 3 1% 266 99% 1 0 0 0 4 1% 265 99% 10 4 1 15 67 25% 202 75% 10 4 1 20 126 47% 143 53% 10 25 1 20 153 57% 116 43% 10 25 2 20 171 64% 98 36% 10 25 6 20 146 54% 123 46% 10 25 6 20 174 65% 95 35% 10 25 6 50 147 55% 122 45% 10 25 6 70 165 61% 104 39% 10 25 7 47 143 53% 126 47% 10 25 8 47 155 58% 114 42% 10 25 5 93 186 69% 83 31% 10 25 0 93 161 60% 108 40% 10 0 0 93 134 50% 135 50% 4 0 0 50 67 25% 202 75% 4 0 0 15 19 7% 250 93% 1 0 0 2 3 1% 266 99% 0 0 0 0 0 0% 269 100% Projected Saturday Parking Use 12:00 PM 1:00PM 2:00PM 3:00PM 4:00PM 5:00 PM 6:00PM 7:00PM 8:00PM Total Fortis Individuals • Usen + Empoloyees 0 0 2 19 26 47 12 46 6 4 4 17 2 2 0 0 0 0 0 9:00PM 10:00 PM 11:00 PM UNUSED C3 Church I Flooring America H Bressi Ranch Pet Hospital G Pacific CNC Machine Co. F • Fortis Fitness and Strength Training E • Vacant D • United Pacific Electronics C • Five Elements B • Waterworks Aquatics A • • -------·-------A I c D E 5:00AM 0 0 2 0 0 6:00AM 0 0 3 0 0 7:00AM 4 0 3 28 0 1:00AM 35 0 3 28 16 9:00AM 35 0 3 28 22 lO:OOAM 35 0 3 28 25 ll:OOAM 35 0 3 28 21 U:OOPM 35 0 3 28 38 1:00PM 16 0 3 28 5 Z:OOPM 16 0 3 28 3 3:00PM 16 0 3 28 3 4:00PM 16 0 3 28 31 5:00PM 16 0 3 28 2 6:00PM 0 0 3 28 0 7:00PM 0 0 3 28 0 1:00PM 0 0 3 10 0 9:00PM 0 0 0 0 0 lO:OOPM 0 0 0 0 0 ll:OOPM 0 0 0 0 0 5:00AM 6:00AM 7:00AM 8:00AM 9:00AM 10:00 AM 11:00 AM Projected Sunday Parking Use --__ ... -Oehoodo TOTAL USED PER -eo. --"USED UNUSED "UNUSED OWNER SURV£Y F G H I 1 0 0 0 3 1% 266 99% 1 0 0 0 4 1% 265 99% 4 0 1 15 55 20% 214 79% 4 4 1 93 184 68% 85 31% 4 10 1 93 196 72% 73 27% 4 10 2 93 200 74% 69 25% 4 10 6 93 200 73% 69 25% 4 10 6 93 217 80% 52 19% 4 10 6 80 152 56% 117 43% 4 10 6 15 85 31% 184 68% 4 10 7 15 86 32% 183 67% 4 10 8 15 115 42% 154 57% 4 10 5 15 83 30% 186 69% 4 10 0 15 60 22% 209 77% 4 0 0 15 50 18% 219 81% 4 0 0 15 32 12% 237 88% 4 0 0 10 14 5% 255 95% 1 0 0 2 3 1% 266 99% 0 0 0 0 0 0% 269 100% Projected Sunday Parking Use 12:00PM 1:00PM 2:00PM 3:00PM 4:00PM 5:00PM 6:00PM 7:00PM 8:00PM Total Fortis lncllvlclu.ls • Users +EmpoloyHs 0 0 0 19 26 30 25 46 6 4 4 37 2 0 0 0 0 0 0 9:00PM 10:00 PM 11:00 PM UNUSED C3 Church I Flooring America H Bressi Ranch Pet Hospital G Pacific CNC Machine Co. F • Fortis Fitness and Strength Training E • Vacant D • United Pacific Electronics C • Five Elements B • Waterworks Aquatics A • • Attendence Estimator 08 08 12 • • Page 1 of 2 Time Room ~·· Scmday Studio 1 0 0 0 0 0 0 0 Studio 2 0 0 0 0 0 0 0 5:00AM Studio 3 0 0 0 0 0 0 0 Studio 4 0 0 0 0 0 0 0 Training Floor 2 2 2 2 2 2 2 Total 2 2 2 2 2 2 2 Studio 1 16 0 16 0 16 0 0 Studio 2 0 0 0 0 0 0 0 6:00AM Studio 3 16 0 16 0 16 0 0 Studio 4 0 0 0 0 0 0 0 Training Floor 6 6 6 6 6 0 0 Total 38 6 38 6 38 0 0 Studio 1 0 15 0 15 0 0 0 Studio 2 0 4 0 4 0 0 0 7:00AM Studio 3 0 0 0 0 0 0 0 Studio 4 0 20 0 20 0 0 0 Training Floor 8 8 8 8 8 2 2 Total 8 47 8 47 8 2 2 Studio 1 15 0 15 0 18 0 0 Studio 2 0 0 0 0 0 0 0 8:00AM Studio 3 20 20 20 20 20 15 15 Studio 4 0 0 0 0 0 0 0 Training Floor 8 8 8 8 8 4 4 Total 43 28 43 28 46 19 19 Studio 1 0 0 0 0 0 0 0 Studio 2 4 0 4 0 4 0 0 9:00AM Studio 3 0 0 0 0 0 20 20 Studio 4 17 17 17 17 17 0 0 Training Floor 6 6 6 6 6 6 6 Total 27 23 27 23 27 26 26 Studio 1 0 0 0 0 0 15 0 Studio 2 0 4 0 4 0 6 4 !O:OOAM Studio 3 15 0 15 0 15 20 20 Studio4 0 0 0 0 0 0 0 Training Floor 4 4 4 4 4 6 6 Total 19 8 19 8 19 47 30 Studio 1 0 0 0 0 0 0 15 Studio 2 0 0 0 0 0 6 4 ll:OOAM Studio 3 0 0 0 0 0 0 0 Studio4 0 15 0 15 0 0 0 Training Floor 8 8 8 8 8 6 6 Total 8 23 8 23 8 12 25 Studio 1 20 20 20 20 20 15 15 Studio 2 4 0 4 0 4 0 0 12:00 PM Studio 3 20 20 20 20 20 25 25 Studio 4 0 0 0 0 0 0 0 Training Floor 8 8 8 8 8 6 6 Total 52 48 52 48 52 46 46 Studio 1 15 15 15 15 15 0 0 Studio 2 0 0 0 0 0 0 0 1:00PM Studio 3 0 0 0 0 0 0 0 Studio 4 10 10 10 10 10 0 0 Training Floor 8 8 8 8 8 6 6 Total 33 33 33 33 33 6 6 Studio 1 0 0 0 0 0 0 0 Studio 2 0 0 0 0 0 0 0 2:00PM Studio 3 0 0 0 0 0 0 0 Studio 4 0 0 0 0 0 0 0 Training Floor 4 4 4 4 4 4 4 Total 4 4 4 4 4 4 4 AMBootcamp MWF@6:00am TuTh @7:00 am Studio 1 Group Classes MWF @ 8, 12, 1, 5,{MW 7) TuTh @ 12, 1, 6 {Zumba, Sa@ 10,12,4 Aerobics •.. ) Su@ 11,12,5 Pilates Group MW@ 9, 12,6 TuTh @ 7, 10, 5 Studio 2 Classes F@ 9, 12,5 (Reformer and Sa@ 10,11 Tower) Su@ 11 MWF@ 6,8,9,10,12,1,4,6,7 Studios 3,4 Yoga TuTh @7,8,9,11,1,5,7 Sa,Su @ 8,10,12 (Su 4,5) Attendence Estimator 08 08 12 • • Page 2 of 2 Time Room 1'~ Frida¥ ··· .. SQnday Studio 1 0 0 0 0 0 0 0 Studio 2 0 0 0 0 0 0 0 3:00PM Studio 3 0 0 0 0 0 0 0 Studio 4 0 0 0 0 0 0 0 Training Floor 6 6 6 6 6 4 4 Total 6 6 6 6 6 4 4 Studio 1 0 0 0 0 0 15 0 Studio 2 0 0 0 0 0 0 0 4:00PM Studio 3 15 0 15 0 15 0 20 Studio 4 0 0 0 0 0 0 15 Training Floor 8 8 8 8 8 2 2 Total 23 8 23 8 23 17 37 Studio 1 20 0 20 0 20 0 15 Studio 2 0 4 0 4 4 0 0 5:00PM Studio 3 0 20 0 20 0 0 20 Studio 4 0 0 0 0 0 0 0 Training Floor 8 8 8 8 6 2 2 Total 28 32 28 32 30 2 37 Studio 1 0 20 0 20 0 0 0 Studio 2 4 0 4 0 0 0 0 6:00PM Studio 3 20 0 20 0 20 0 0 Studio 4 0 0 0 0 0 0 0 Training Floor 8 8 8 8 6 2 2 Total 32 28 32 28 26 2 2 Studio 1 15 0 15 0 0 0 0 Studio 2 0 0 0 0 0 0 0 7:00PM Studio 3 0 15 0 15 0 0 0 Studio4 7 0 7 0 7 0 0 Training Floor 6 6 6 6 4 0 0 Total 28 21 28 21 11 0 0 Studio 1 0 0 0 0 0 0 0 Studio 2 0 0 0 0 0 0 0 8:00PM Studio 3 0 0 0 0 0 0 0 Studio 4 0 0 0 0 0 0 0 Training Floor 4 4 4 4 2 0 0 Total 4 4 4 4 2 0 0 Studio 1 0 0 0 0 0 0 0 Studio 2 0 0 0 0 0 0 0 9:00PM Studio 3 0 0 0 0 0 0 0 Studio 4 0 0 0 0 0 0 0 Training Floor 2 2 2 2 0 0 0 Total 2 2 2 2 0 0 0 Studio 1 0 0 0 0 0 0 0 Studio 2 0 0 0 0 0 0 0 10:00 PM Studio 3 0 0 0 0 0 0 0 Studio 4 0 0 0 0 0 0 0 Training Floor 2 2 2 2 0 0 0 Total 2 2 2 2 0 0 0 Studio 1 0 0 0 0 0 0 0 Studio 2 0 0 0 0 0 0 0 11:00 PM Studio 3 0 0 0 0 0 0 0 Studio 4 0 0 0 0 0 0 0 Training Floor 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 AM Bootcamp MWF@6:00am TuTh @7:00 am Studio 1 Group Classes MWF @ 8, 12, 1, 5,(MW 7) TuTh @ 12, 1, 6 (Zumba, Sa@ 10,12,4 Aerobics ... ) Su@ 11,12,5 Pilates Group MW@9, 12,6 TuTh @ 7, 10, 5 Studio 2 Classes F@ 9, 12,5 (Reformer and Sa@ 10,11 Tower) Su@ 11 MWF@ 6,8,9,10,12,1,4,6,7 Studios 3,4 Yoga TuTh @7,8,9,11,1,5,7 Sa,Su @ 8,10,12 (Su 4,5} • Agreement to Deed RC3trict 2712 Gateway Road Property The undersigned parties have agreed that as consideration fer CB Aquatics, LLC entering into and being bound by that certain AGREEMENT FOR CONDITIONAL USE PERMIT PROCESSING AND JOINT USE PARKING AGREEMENT {WITH THE CITY OF CARLSBAD) AND PROCESSING OF LAND USE APPLICATIONS NECESSARY TO CHANGE FROM THE EXISTING (OLD) AIRPORT LAND USE PLAN TO"THE NEWEST ADOPTED AIRPORT LAND USE PLAN, JRMC Real Estate, Inc. (dba Fortis Fitness and Strength Training) agrees it shall neither (i) construct any swimming pool (s) nor (ti) engage in any swimming lessons within its 2712 Gateway Road facilities, collectively "Restricted Uses") and shall record a restriction on its Grant Deed to give notice of such Restricted Uses. JRMC Real Estate, Inc. (dba Fortis Fitness and Strength Training) shall execute and record, concurrent with its purchase of the Property, with the San Diego Cowtty Recorder, documentation to make such Restricted Uses a matter of public record, substantially in accord with the below. GR.\NT DEED LANGUAGE The 2712 Gateway Road, Carlsbad, CA. property ("Property,) transferred by this grant deed may not be used for swimming pool (s) nor for swimming lessons (coUectively, ••Restricted Uses"), without the express prior written consent of CB Aquatics, LLC, which consent may be withheld in its sole and absolute discretion. Breach of any of the covenants or restrictions contained in this grant deed shall not defeat or render invalid the lien of any mortgage made in good faith, but all of the foregoing provisions, restrictions, and covenants shall be binding and effective against any party who acquires title by foreclosure or trustee's sale or by deed in lieu of foreclosure or trustee's sale. The grantee of the property transferred by this grant deed hereby executes this grant deed as acknowledgment of and agreement with the restrictions set forth herein. [Signature block for grantee] Agreed to and accepted this eleventh (I Jlh) day of June, 2012. CB AQUATIC VENTURES, LLC, a California Limited Liability Company .--- By: the JUPA auached hereto as Exhibit C (or one that is substantially the same in form and content-as may be required by the City of Carlsbad). 2. Notwithstanding the foregoing. it is expressly understood that the JUPA shall not be valid or binding upon any Owner unless and until the City grants JRMC I Fortis a CUP: whereupon each Owner's notarized signature will be required on the JUPA. 3. Each Owner has provided a parking survey (attached as Exhibit .. D") for their own typical usage, so as to provide the City with their own best estimate of their own parking usage. These parking surveys I declarations in no way limit any Owner from its allocated parking within the Spectrumflex project -they are merely informational for the City to use as it deems appropriate. Agreed to and Accepted this ____ day of ___ .....:• 2012. SPECTRUMFLEX OWNER'S ASSOCIATION By: Signature Leighton R. Frye. President l'rint Name and Title BUILDING A CB AQUATIC VENTURES, LLC, a California Limited Liability Company By: ---~ ".::."': -~"""· _.,. __ ... ,:.....----__.. Sign;~lurc Jonathan Alpert. Managing Member Print Name and Title , . ,.,-~~JNG B TMIO, LLC, a Catifonaia Limited Liability Company By: Christa K.eyscr. President PriDt NlmJC and Tide BUILDINGC DDA & ASSOCIATES, LLC, a California Limited LiabDity Compuy By: Dewey Altenhofen. President Print Name and Idle BUILDINGD LJR, LLC, a Califoraia Ltmited Liability Company By: Sigi!IIUic Leighton R. Frye, Managing Member Print Name and Tille BUD..DINGE JRMC REAL ESTATE, INC. By: Siplluft: James R. McCann, President Print Name and Title BUD..DINGF CAMP ANIL GROUP, LLC, a Calif'oraia Umited UabiUty Compaay By: SiJIIIIIIR Ted Greene, Man!ger Print Name and Tille BUILDING B TMKl, LLC, a California Limited Liability Company By: Signature Christa Keyser, President Print Name and Tille BUILDINGC DDA & ASSOCIATES. LLC, a California Limited Liability Company By: ~ e-~ Dewey Altenhofen, President Print Name and Title BUILDINGD UR, LLC, a CaHfornla Limited LiabDity Company By: Signature Leighton R. Frye, Managing Member Print Name and Title BUILDING E JRMC REAL ESTATE, INC. By: Signature James R. McCann, President Print Name and Tille BUILDINGF CAMPANIL GROUP, LLC, a California Limited LiabiUty Company By: Signature Ted Greene, Manager Print Name and Title estimate of their own parking usage. These parking surveys I declarations in no way limit any Owner fiom its allocated parking within the Specta umtlex project -they are merely informational for the City to use as it deems appropriate. AgreedtoandAcceptedtbis_1( __ dayof ;,"S""tJE 2012. SPECTRUMF'LEX OWNER'S ASSOCIATION .. j.c.:~p.. b-· By: Sigulbn Leighton R. Fl)'ez President Print NlllllC ..t Title BUILDING A CB AQUATIC VENTURES. LLC, a Califonlia Umited Lia•ility Company By: Signllme Ionathan AIJJerta Managing Member Print Name aad Title BUILDINGB TMKl, LLC, a Califenda Lilllited Lia~ Compuy By: Christa Keyser, President Print Name 81111 Title BUILDINGC DDA & ASSOCIATES,~ a Califbraia Liaaifed LiaiJility Company By: Dewey Altenhofen, President BUILDINGD :;:LLC,a~~ Signlllun: Leighton R. Frye, Managing Member Bt11LDINGB 1'MK2, ~. C.U.raiau.tted liability c....., By; BUILDJNGC DBA & ASSOCIATES, LLC, a Ca1i1oruia LilaiW Liability Compuy By: BUILDINGD LJR, LLC, a CaDren1ia I...,.. JbWitty COJDpi.QY By: B1JlLDING :E JRMC REAL ESTATE, INC. By: BUILDINGG Jobnatlum Lax, Manager BUILDINGB TK&C, LLC, a Califoraia Limited Liability Company By: Signature BUll.J>INGI C3 CENTER, LLC, a Vagiaia Umtted Liability Company By: Signature Alicia Williams, Manager Print Name and Title BUILDINGG JJMZ, LLC, a California Limited Liability Company By: Signature Johnathan Lax., Manager Print Name and Trtle BUILDINGH TK&C, LLC, a California Limited Liability Company --:----...~ By: l~ \¥-:---· Signature Daniel R. Taylor, Managing Member Print Name and Title BUILDING I C3 CENTER, LLC, a Virginia Limited Liability Company By: Signature Alicia Williams, Manager Print Name and Title • • BUILDINGG JJMZ, LLC, a California Limited Liability Company By: Signature Johnathan Lax, Manager Print Name and Title BUILDINGH TK&C, LLC, a California Limited Liability Company By: Signature Daniel R. Taylor, Managing Member Print Name and Title BUILDING I C3 CENTER, ·LLC, a Virginia Limited Liability Company By: Signalure Alicia Williams, Manager Print Name and Title .----------------------------~----------------- Exhibit "D" Waterworks Aquatics 8764 SF building has a parking allocation of 32 spaces (3.6/1000 sf) and a CUP for 44 spaces Approximately how many of these 44 spaces are in use between: 0 Between Gam -Sam; approximately :; '-{ of 44 spaces are in use. 0 '-.::' · . ..,~ Between 11 am -1 pm; approximately --'--of 44 spaces are in use. 0 -...} \/ Between 4pm -6pm; approximately-~;-of 44 spaces are in use. a When is the busiest time of day for parking use? c: c~ • .• , . ----------· Signature: __ -:::::;;:.......=...=:::;:.__.:::=;;:;...""':::::::.==-===:=-=:.._------------- Date:---'------'=--- United Pacific Electronics 7175 SF building has a parking allocation of26 spaces (3.611000 sf) Approximately how many of these 26 spaces are in use between: • Between Sam -Sam; approximately _12_ of 26 spaces are in use. • Between 11am -1pm; approximately _12 __ of26 spaces are in use. • Between 4pm-6pm; approximately _12_ of 26 spaces are in use. • When is the busiest time of day for parking use? All Day, Employees get in anywhere from 4 to 5:30 AM and we are here till 6 to 7 PM, customers & vendors are in and out all day long Print Name: __ _u.t2:...se::::.!w~v-::...,'-f!---J.A~t:...~.b.:...~ov':Lal-4htl...lt..P .~-hk::..!.Ja...._ ___ _ / Date: 6 , II~ k I 2.- ~ . The Five Elements 7175 SF building has a parking allocaUon of 26 spaces (3.6/1000 sf) Approximately how many of these 26 spaces are In use between: • Between 6am -Sam; approximately l ~ of 26 spaces are in use . ... • Between 11am - 1 pm; approximately (.a of 26 spaces are in use. • Between 4pm -Spm; approximately 4 of 26 spaces are in use. • When is the busiest time of day for parking use? Signature: ____ ---::0~-~4---=------------- Print Name: __ C~hr.L..J.::...(i ...... Q\Au..=:...ll, __ \{u.;~~,._.:,{a.__ ___ _ Date: \.t /5} 2..CJ 12 ~ CNC a.cb1ne Co. 8,'170 SF .............. a partdna .uoc.tJon 01122.....-(3..811008 _, Appraxirnmely hoW many of these 22 spaces are In use between: • Between &!m-Sam;~ /.:2 ot22 !lp8'CM ant fn ..... • • Between 11am-1pnr, apprmdmale{y /b of22 spaces are ln use. • 9etween 4pm -6pm; approxtmalely I'/= of 22 spaces are in use. • When is the bu.-t time or dey ror pwldng ... ? 3' /J_/11. -5 ~m . Signature: ----1=~--~------------------ PrimN~:--~~-~-%~~-~~~~~~~~~-~------------------ Date: S -.:3 I-,2 til< !xhlblt"D" Bnlul Rlmcb Pet Hoepltal 87U SF building II• a parking allocation of ~w!-tttp..-$21!1110iU__,r~-~IH~OOOM/ft-l/iDo2A-f) ~f) (16 ~~~~~]" Approximately how many of these 32 spaces ar&in use"between: • Between 6am -8am; approximately Lf of :J~paces are in use. • Between 11 am - 1 pm; approximately !I$"' of J'!paces are in use. • Between 4pm-6pm; approximately ;2. £ of ~~'Jaces are in use. • When is the busiest time of day for parking use? ~ -I ':l.. G!tfV\ 3-bf(\(\. Signature:~~~k---L------- Print Name: JD hnQitlAYl L4. 't Date: l.IISll~ • FlooriRg America BulldingH • 7188 SF bulding has a parting allo Cllllioon 0121 spaces (3.811000 sf) Appl'oxJmateJy how many of these .26 spaces are In use between: • Between 6am -8am; apptOXim8tely 2. of 28 spaces are in use. • Between 11am -1 pm; approximately ~ of 26 spaces are In use. • Between 4pm-epm; approximately ~ of .28 spaces are In use. • When is the busiest time of day for padclng use? S~MWre: ____ ~~~~-~·~+~~~==~----------------~ Print Name: _·_U.:.:l :::A.:..::..:J;__.:...~A_"i...:....;;U:)-.· ~'-:;:_ __________ _ Date: $' · '5,0 • lt.- . ' • Exhibit "D" C3Church Building I • 11088 SF building has a parking allocation of 40 spaces (3.6/1000 sf) (CUP allows for 93 spaces) Approximately how many of these 93 spaces are in use between: • Between 6am -Bam; approximately ___ of 93 spaces are in use. 0 Between 11 am -1 pm; approximately of gj spaCes are in use. 0 Between 4pm -6pm; approximately of 93 spaces are in use. .. -~ -/'_ .. · ' ............ --· . ., '-.-~; Signature:---~"'----'-~-~:--":,_------------- Print Name: --..:+--~'-~.-.:..:.;.;:__--':.....::-'---__:___:___:_ ________ _ .~· ~· Date: __ __:....' "-. .;../_-~...:___.::::.:.-:::-~_-_ ,..-·· .--. -.. /. -- i .• -· • ENVIRONMENTAL INFORMATION FORM / (To be Completed by Applicant) rJ I 1 ') L8-fJ\ h (To be completed by City) Date Filed: Application Number(s): c l) p \ d-~ oq General Information 1. Fortis Fitness and Strength Training Name of project: ---------------------------- 2. Name of developer or project sponsor: _J_a_m_ie_M_c_C_an_n ______________ _ 3. Address: 330 Encinitas Blvd. Suite 201 City, State, Zip Code: _E_nc_i_ni_ta_s.;..., C_A_9_2_0_24 _________________ _ PhoneNumber: _7G_o_-_G3_2_-_94_o_o_e_x_t_.1_s ____________________ ___ Name of person to be contacted concerning this project: _H_o_w_e_s._W_e_ile_r_a_n_d_A_s_so_c_ia_t_e_s_-_M_ic_h_ael G. Howes Address: 2888 Loker Avenue East. Suite 217 City, State, Zip Code: _c_ar_ls_b_a_d,_C_A_92_0_1_0 _________________ _ Phone Number: 760.929.2288 Ext. 403 4. Address of Project: _2_7_1_7_G_a_te_w_a_y_R_o_a_d __________________ _ 213-263-12 Assessor's Parcel Number: ------------------------ 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 6. General Plan Amendment, Master Plan Amendment, Planned Development Permit, Tentative Tract Map, Site Development Plan P-M Existing General Plan Land Use Designation: ------------------ 7. Existing zoning district: _P_-_c _______________________ _ 8. Existing land use(s): _o_ff_i_ce_-_ln_d_u_s_tr_ia_l ___________________ _ 9. Proposed use of site (Project for which this form is filed): _A_t_h_le_t_ic_F_a_c_ili_tv _______ ___ Project Description 10. Site size: __ G_.8_A_cr_e_s _________________________ _ 11. Proposed Building square footage: __ e_x_is_ti_ng_1_o,_s_G_G_sq_._ft_. ------------- 12: Number of floors of construction: ___ T_w_o _________________ _ 13. Amount of off-street parking provided: -------------------- 14. Associated projects: __ N_o_n_e ______________________ _ P-1(0) Page 2 of4 Revised 07/10 • 15. NA If residential, include the number of units and schedule of unit sizes: ---------- 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: Athletic Facility 17. If industrial, indicate type, estimated employment per shift, and loading facilities: ------ N/A 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: --------- N/A 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: --------------------- Conditional Use Permit is required for athletic facilities in the P-M Zone P-1(0) Page 3 of4 Revised 07/10 • Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial 0 X alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or 0 X roads. 22. Change in pattern, scale or character of general area of project. 0 X 23. Significant amounts of solid waste or litter. 0 X 24. Change in dust, ash, smoke, fumes or odors in vicinity. 0 X 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or 0 X alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 0 X 27. Site on filled land or on slope of 10 percent or more. 0 X 28. Use of disposal of potentially hazardous materials, such as toxic substances, 0 X flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, 0 X etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 0 X 31. Relationship to a larger project or series of projects. 0 X Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date 7// 3/ /)... Signature: ~ A-- For: /-/"v' Jl- P-1(0) Page4 of4 Revised 07/10 Fidelity National Title Company RECEIVED PRELIMINARY REPORT JUL 1 3 2012 CITY OF CARLSBAD PLANNING DIVISION In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies ofTitle Insurance which establish a Deductible Amount and a Maximum Dollar Limit ofLiability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a California corporation. Please read the exceptions shown or refe"ed to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land \Jl_(L Fidelity National Title Company e~·~= Countersigned CLT A Preliminary Report Form-Modified (ll/17/06) • e Visit Us on our Website: vvww.fntic.com • • Fidelity National Title Company ISSUING OFFICE: 1300 Dove Street, Suite 310 • Newport Beach, CA 92660 949 622-5000 • FAX can for Fax PRELIMINARY REPORT Amended Trt:le OffiCer: Trent Cornell Trt:le No.: 11-725142503-D-TC Locate No.: CAFNT0972-0972-0051-0725142503 TO: Cassidy Turley BRE Commercial 1000 Aviara Parkway Carlsbad, CA 92011 ATTN: Renee Garcia YOUR REFERENCE: 23002863-MJ PROPERTY ADDRESS: 2712 Gateway Road, carlsbad, california EFFECTIVE DATE: June 14, 2012, 07:30 A.M. The form of policy or policies of title insurance contemplated by this report is: CLTA Standard Coverage Policy-1990 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE as to Parcel(s) A; AN EASEMENT more fully described below as to Parcel(s) B 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: UR, LLC, a California limited liability company 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF MH\LN 12/15/2011 1 CLTA Preliminary Report Form-Modified (11/17/06) A CONDOMINIUM COMPRISED OF: PARCEL 1: e litle No. 11-725142503·0-TC Locate No. CAFNT0972-0972-0051·0725142503 LEGAL DESCRIPTION EXHIBIT nAn AN UNDIVIDED ONE-HALF (Y2) FEE SIMPLE INTEREST AS A TENANT IN COMMON, IN AND TO THE COMMON AREA AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN RECORDED November 15, 2011 AS DOCUMENT NO. 2011-0609122 (THE ?CONDOMINIUM PLAN?) LOCATED WITHIN LOT 4 OF CARLSBAD TRACT 05-09, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15669, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, January 15, 2008. PARCEL 2: UNIT NO. 2 (DELINEATED ON THE CONDOMINIUM PLAN AS UNIT A-2) AS SHOWN AND DESCRIBED ON THE CONDOMINIUM PLAN, TOGETHER WITH THE EXCLUSIVE USE AREAS AS SET FORTH IN THE 2011 DECLARATION, SUBJECT TO ANY EASEMENTS, RESERVATIONS OR RESTRICTIONS SET FORTH IN THE DECLARATION DESCRIBED BELOW. RESERVING FROM PARCEL 1 AND PARCEL 2 ABOVE, SUCH EASEMENTS DESCRIBED IN THE DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS AND RECIPROCAL EASEMENT AGREEMENT RECORDED September 15, 2011, AS INSTRUMENT NO. 2011·0478477 (THE ?DECLARATION?) AND THE TRACT MAP REFERRED TO ABOVE, AND SUCH OTHER EASEMENTS AS MAY BE OF RECORD AS OF THE DATE HEREOF. PARCEL3: NON-EXCLUSIVE APPURTENANT EASEMENTS, TO BE USED IN COMMON WITH OTHER OWNERS, FOR THE USE AND ENJOYMENT OF THE ASSOCIATION PROPERTY AND ANY OTHER EASEMENTS AS SET FORTH IN THE 2007 DECLARATION AND THE 2011 DECLARATION AND APPURTENANT TO PARCELS 1 AND 2 DESCRIBED ABOVE. PARCEL4: A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, PARKING, UTILITIES AND INCIDENTAL PURPOSES, OVER, ACROSS AND ALONG LOT 9 OF CARLSBAD TRACT CT 05-09 (BRESSI RANCH), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15669, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, January 15, 2008, AS SET FORTH IN DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS AND RECIPROCAL EASEMENT AGREEMENT RECORDED JULY 31, 2007, AS INSTRUMENT NO. 2007-0510735. APN: 213-263-12 ptn 2 CLTA Preliminary Report Form-Modified (11/17/06) e Title No. 11-725142503-D-TC Locate No. CAFNT0972-0972-0051-0725142503 AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDmON TO THE PRINTED EXCEPTIONS AND EXCWSIONS IN SAID POUCY FORM WOULD BE AS FOLLOWS: 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2012-2013. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2011-2012, Assessor's Parcel Number 213-263-12-00 (ptn). Code Area Number: 1st Installment: 2nd Installment: Land: Improvements: Exemption: Personal Property: 09165 $17,806.84 PAID $17,806.84 PAID $1,332,458.00 $1,332,458.00 $0.00 $0.00 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation code of the State of California. 3. An assessment by the improvement district shown below Assessment (or Bond) No: Series: District: For: Bond issued: 0000 2002-1 City of Carlsbad Poinsettia Lane East March 28, 2005 Said assessment is collected with the county/city property taxes. 4. The lien of any special assessment or tax resulting from the inclusion of the property in a special assessment district or Mello-Roos Community Facilities District, which may exist by virtue of assessment maps or notices filed and/or recorded by any such district. Assessments, if any, arising from such assessment districts may be collected with the regular real property taxes. 5. Water rights, claims or title to water, whether or not disclosed by the public records. 6. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Purpose: Recorded: Affects: City of Carlsbad, a municipal corporation Traffic signalization and road November 18, 1986, Instrument No. 86-530341, of Official Records That portion of Lot 9 as delineated on Map No. 15669. 3 CLTA Preliminary Report Form-Modified (11/17{06) ITEMS: (continued) e Title No. 11-725142503-D-TC Locate No. CAFNT0972-0972-0051-0725142503 7. Easement{s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Purpose: County of San Diego Avigation Recorded: August 11, 1987, Instrument No. 87-452377, of Official Records and recorded: August 20, 1987, Instrument No. 87-472299, of Official Records The exact location and extent of said easement is not disclosed of record. 8. The right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of the right of way granted therein where required for construction and maintenance. Granted to: City of Carlsbad, a municipal corporation Recorded: December 10, 1992 as Instrument No. 1992-0793169 of OffiCial Records Reference is made to said document for full particulars. 9. An instrument entitled "Agreement Between Developer-Owner and the City of Carlsbad for the Payment of a Public Facilities Fee for Inside the Boundaries of Community Facilities District No. 1" recorded December 11, 1998 as Instrument/File No. 1998-0806517 of OffiCial Records. Reference is made to said document for full particulars. 10. An instrument entitled "Notice of Restriction on Real Property" recorded February 25, 2003 as Instrument/File No. 2003-0210190 of Official Records. Reference is made to said document for full particulars. 11. An instrument entitled "Hold Harmless Agreement Drainage" recorded March 11, 2003 as Instrument/File No. 2003-0270075 of Official Records. Reference is made to said document for full particulars. 12. An instrument entitled "Hold Harmless Agreement Geological Failure" recorded March 11, 2003 as Instrument/File No. 2003-270076 of Offteial Records. Reference is made to said document for full particulars. 13. An instrument entitled "Notice of Restriction on Real Property'' recorded April 1, 2003 as Instrument/File No. 2003-0362107 of Official Records. Reference is made to said document for full particulars. 4 CLTA Preliminary Report Form-Modified (11/17/06) ------------------------ ITEMS: (continued) e litle No. 11-725142503-D-TC Locate No. CAFNT0972-0972-0051-0725142503 14. Abutter's rights of ingress and egress to or from Palomar Airport Road have been dedicated or relinquished on Map No. 15669. 15. Abutter's rights of ingress and egress to or from Gateway Road excepting therefrom the access openings have been dedicated or relinquished on Map No. 15669. 16. Abutter's rights of ingress and egress to or from El Fuerte Street have been dedicated or relinquished on Map No. 15669. 17. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Purpose: Recorded: Affects: San Diego Gas & Electric Company Electrical and communication facilities November 7, 2003, Instrument No. 2003-1351662, of OffiCial Records That portion of Lot 9 as delineated on Map No. 15669 18. Various matters including, but not limited to, requirements for developing or improving the land, proposed easements, covenants, conditions, restrictions and provisions set forth on said Carlsbad Tract CT 05-09, Map No. 15669. Recorded: January 15, 2008 as Instrument No. 2008-19388, of Official Records 19. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the Tract Map Nos. 14600 and 14960, recorded May 29, 2003 and February 4, 2005 (Respectively). Purpose: Affects: Restricted sight distance corridor As delineated on Map No. 15669 20. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the Tract Map No. 14960, recorded February 4, 2005. Purpose: Landscape maintenance Affects: That portion of Lot 9 as delineated on Map No. 15669 21. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the Tract Map No. 14960, recorded February 4, 2005. Purpose: Future private drainage Affects: That portion of Lot 9 as delineated on Map No. 15669 5 CLTA Preliminary Report Form-Modified (11/17/06) ITEMS: (continued) e Title No. 11-725142503-0-TC locate No. CAFNT0972-0972-0051-0725142503 22. Covenants, conditions and restrictions in the declaration of restrictions but omitting any covenants or restrictions, if any, including, but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Recorded: March 15, 2005, Instrument No. 2005-0210897, of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Modifrcation(s) of said covenants, conditions and restrictions Recorded: January 26, 2012, Instrument No. 2012-0045639, of Official Records 23. An instrument entitled "Agreement Regarding Annexation of Certain Real Property to Street lighting and Landscape District No. 2 of the City of carlsbad and Approval of the Levy of Assessments on such Real Property" recorded March 16, 2005 as Instrument/File No. 2005-0216793 of Official Records. Reference is made to said document for full particulars. 24. Intentionally Deleted 25. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Purpose: Recorded: Affects: San Diego Gas & Electric Company Underground electrical facilities and appurtenances for the transmission and distribution of electricity, underground communication facilities and appurtenance, together with the right of ingress and egress April 11, 2005, Instrument No. 2005-0294004, of Official Records That portion of Lot 9 as delineated on Map No. 15669 26. An instrument entitled "Notice of Restriction on Real Property" recorded June 2, 2005 as Instrument/File No. 2005-0461222 of Official Records. Reference is made to said document for full particulars. 27. An instrument entitled "Declaration of Covenants, Conditions and Restrictions Regarding Buildings" recorded June 9, 2005 as Instrument/File No. 2005-0483802 of Official Records. Reference is made to said document for full particulars. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 6 CLTA Preliminary Report Form-Modified (11/17/06) ITEMS: (continued) e litle No. 11-725142503-D-TC Locate No. CAFNT0972-0972-0051-0725142503 An instrument entitled "First Amendment to Declaration of Covenants, Conditions and Restrictions Regarding Building" recorded July 26, 2006 as Instrument/File No. 2006-0529274 of OffiCial Records. Reference is made to said document for full particulars. 28. An instrument entitled "Declaration of Development Covenants, Conditions and Restrictions" recorded June 23, 2005 as Instrument/File No. 2005-0528737 of Official Records. Reference is made to said document for full particulars. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 29. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document; Purpose: Recorded: Affects: Public utilities September 21, 2006, Instrument No. 2006-0672623, of Official Records Portions of vacated Whitney Place 30. Recitals as shown on Tract Map No. 15669, which, among other things states: "Lots 4 and 8 of this project is defined as a condominium project per Section 1351 of the Government Code and contains a maximum of 4 units." Lot 4 contains 2 units and Lot 8 contains 2 units. 31. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract. Purpose: Public utility Affects: That portion of Lot 9 as shown on Map No. 15669 32. An instrument entitled "Notice of Foreclosing Lender Contact Information" recorded June 16, 2010 as Instrument/File No. 2010-0301032 of OffiCial Records. Reference is made to said document for full particulars. 33. Matters contained in that certain document entitled "Joint Use Parking Agreement" dated January 14, 2011, executed by and between Spectrumflex Owner's Association, UR, LLC, a california limited liability company, Campanil Group, LLC, a california limited liability company, JJMZ, LLC, a california limited liability company, TK&C, LLC, a California limited liability company, C3 Center, LLC, a Virginia limited liability company and CB Aquatic Ventures, LLC recorded February 10, 2011, Instrument No. 2011-0079381, of Official Records. Reference is hereby made to said document for full particulars. 7 CLTA Preliminary Report Fonn-Modified (11/17/06) ITEMS: (continued) e litle No. 11-725142503-D-TC Locate No. CAFNT0972-0972-0051-0725142503 34. Matters contained in that certain document entitled "Joint Use Parking Agreement" dated April 14, 2011, executed by and between Spectrumflex Owner's Association, LJR, LLC, a california limited liability company, CB Aquatic Ventures, LLC, a california limited liability company, campanil Group, LLC, a California limited liability company, JJMZ, LLC, a california limited liability company and TK&C, LLC, a california limited liability company and C3 Center, LLC, a Virginia Limited Liability Company recorded July 29, 2011, Instrument No. 2011-0386649, of Official Records. Reference is hereby made to said document for full particulars. 35. Covenants, conditions and restrictions in the declaration of restrictions but omitting any covenants or restrictions, if any, including, but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is pennitted by applicable law. Recorded: September 15, 2011, Instrument No. 2011-0478477, of OffiCial Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 36. Intentionally Deleted 37. Our examination of the record title to the herein described land does not disclose any existing loans. We, therefore, request a copy of the owners Disclosure Statement with reference to existing encumbrances to reconfinn our finds. 38. Matters which may be disclosed by an inspection and/or by a correct ALTA/ ACSM Land Title Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in possession thereof. 39. Any rights of the parties in possession of a portion of, or all of, said land, which rights are not disclosed by the public record. This Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 8 CLTA Preliminary Report Form-Modified (11/17/06) e ITEMS: (continued) Title No. 11-725142503-D-TC Locate No. CAFNT0972-0972-0051-0725142503 40. Before issuing its policy of title insurance, this Company will require for review, the following documents from the limited liability Company named below. Note 1. Note 2. limited liability Company: UR, LLC, a California limited liability company (a) (b) (c) (d) (e) A copy of its operating agreement and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. Confirmation that its Articles of Organization (LLC-1), and Certificate of Amendment (LLC-2), any restated Articles of Organization (LLC-10) and/or Certificate of Correction (LLC-11) have been filed with the Secretary of State. If the limited liability Company is member-managed a full and complete current list of members certified by the appropriate manager or member. If the limited liability Company was formed in a foreign jurisdiction, evidence satisfactory to the Company, that it was validly formed, is in good standing and authorized to do business in the state of origin. If the limited Liability Company was formed in a foreign jurisdiction, evidence satisfactory to the Company, that it has complied with California "doing business" laws, if applicable. After review of the requested documents, the Company reserves the right to add additional items or make additional requirements prior to the issuance of any policy of title insurance. END OF ITEMS There are NO deeds affecting said land, recorded within six ( 6) months of the date of this report, If a county recorder, title insurance company, escrow company, real estate broker, real estate agent or association provides a copy of a declaration, governing document or deed to any person, California law requires that the document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at least 14-point bold face type and may be stamped on the first page of any document provided or included as a cover page attached to the requested document. Should a party to this transaction request a copy of any document reported herein that fits this category, the statement is to be included in the manner described. 9 CLTA Preliminary Report Form· Modified {11/17/06) e NOTES: (continued) Title No. 11-725142503-D-TC Locate No. CAFNT0972-0972-0051-0725142503 Note 3. Note 4. Wiring instructions for Fidelity National Trtle Company, Riverside, CA, are as follows: Receiving Bank: Union Bank of California {800) 849-6466 Irvine, CA 92614 ABA Routing No.: 122000496 Credit Account Name: Fidelity National Trtle Company-Major Accounts Payoff/ Admin 11870 Pierce St. Suite 100, Riverside, CA 92505 Credit Account No.: 9100586999 Reference No.: 11-725142503 These wiring instructions are for this specific transaction involving the Title Department of the Newport Beach office of Fidelity National Trtle Company. These instructions therefore should not be used in other transactions without first verifying the information with our accounting department. It is imperative that the wire text be exactly as indicated. Any extraneous information may cause unnecessary delays in confirming the receipt of funds. Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized Company employee, an authorized employee of an agent, an authorized employee of the insured lender, or by using Bancserv or other approved third-party service. If the above requirements cannot be met, please call the company at the number provided in this report. 10 CLTA Preliminary Report Form· Modified (11/17/06) e NOTES: (continued) litle No. 11-725142503-D-TC Locate No. CAFNT0972 -0972-0051-0725142503 OWNER'S DECLARATION The undersigned hereby declares as follows: 1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). b. Declarant is the of ____ ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other.) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with upon the Land in the approximate total sum of $ but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: . Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Fidelity National Title Insurance Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. 5. The Land is currently in use as ; occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. 11 CLTA Preliminary Report Form -Modified (11/17/06) e NOTES: (continued) Title No. 11-725142503-D-TC Locate No. CAFNT0972·0972·0051-0725142503 This declaration is made with the intention that Fidelity National Title Insurance Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on at ____ _ S~nature: ___________________ __ END OF NOTES 12 CLTA Preliminary Report Fonn-Modified (11/17/06) I 09 I $ I ~ I i ____) ; i i I I j = IS I @ l!! &! SHT 3 I Ill ; i I I I ~ I • ~ 5! 'S30NVNIOl!O ONI011nB l!O NOISIAIOBOS '1'9'001 H.LIM A 1dWOO .LON AVW S130~'lfd 'NMOHS 'lf.L'lfQ 3H.L :fO AO~nOO'lf 3H.L l!O:f 03WnSS'lf Sl A.LI11B'lfl1 ON 'A 1NO S3SOdl!Od 30N3~3:f3~ l!O:f 03Sn 3B 01nOHS d'lfW SIH.L @ SH":" 3 6j SHT 2 Sill IIBIO CIUIIV A$ESIII'$ UP ~ 213-26 SHT 4 OF 5 ,. = 200' , 2/01/0t AR$ _,""'""" ... .., ._ ,:n!l-m H~.Nl J<:~ .. --111'11111 • '1M liiJ ,.,, • 11 • /ICJIJ fJ1 116 __ , ~t ., - IIMIMIIINl/11. fl 11.11 ;,-·,.'it 1• NO ACCESS 2" <40--FOOT ACCESS MAP 15669-CARLSBAD TCT CT 05-09 BRESSI RANCH _j ATTACHMENT ONE AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at policy date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowledge of the taking In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: 1. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date- unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right • to any land outside the area specifically described and referred to in Item 3 of Schedule A or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 3. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. 4. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. Attaclunent One (7/26/10) ATTACHMENT ONE (CONTINUED) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the · effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b)not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit {'TOtection or truth in lending law. 6. Any claim, which anses out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: l. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. PART I 4. Discrepancies, conflicts in boundruy lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. Attaclnnent One (7/26/10) ATTACHMENT ONE (CONTINUED) FORMERLY AMERICAN LAND TITLE ASSOCIATION WAN POUCY (10-17-92) WITH A.LT.A. ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date ofPolicy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not fmanced in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. Attachment One (7/26/10) ATTACHMENT ONE (CONTINUED) 2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion I (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14 ); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date ofPolicy and the date of recording of the Insured Mor:t:gage in the Public Records. This Exclusion does not modiiy or limit the coverage provided under Covered Risk ll(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: I. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (7/26/10) • • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 lllllllllllllllllllllllllllll Applicant: HOWES WEILER & ASSOCIATES Description Amount CUP12009 15.30 2712 GATEWAY RD CBAD Receipt Number: R0091033 Transaction ID: R0091033 Transaction Date: 08/29/2012 Pay Type Method Description Amount Payment Check 15.30 Transaction Amount: 15.30 City of Carlsbad Faraday Center Faraday Cashiering 001 1224201-2 08/29/2012 98 Wed, Aug 29, 2012 03:34 PM • Receipt Ref Nbr: R1224201-2/0053 PERMITS -PERMITS Tran Ref Nbr: 122420102 0053 0062 Trans/Rcpt#: R0091033 SET #: CUP12009 Amount: Item Subtota 1 : Item Total: 1 @ $15.30 $15.30 $15.30 ITEM(S) TOTAL: $15.30 Check (Chk# 001615) $15.30 Total Received: $15.30 Have a nice day! **************CUSTOMER COPY************* • • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111 ~g I IIIII ~II~ m111111111111 ~~II Applicant: MCCANN JAMIE Description Amount CUP12009 4,502.00 2712 GATEWAY RD CBAD Receipt Number: R0090343 Transaction ID: R0090343 Transaction Date: 07/13/2012 Pay Type Method Description Amount Payment Check 4,502.00 Transaction Amount: 4,502.00 City ;Jf Carlsba Faraday Center Faraday Cashiering 001 1219501-2 07/JJ1~Q12 98 Fri, Jul 13, 2012 03:45PM Receipt Ref Nbr: R1218501-2/0043 PERMITS -PERMITS Tran Ref Nbr: 121950102 0043 0047 Trans/Rcpt#: R0090343 SET#: CUP12009 Amount: Item Subtota 1 : Item Total: ITEM(S) TOTAL: Check (Chk# 0000001440) Total Received: Have a nice day! 1 @ $4,502.00 $4,502.00 $4,502.00 $4,502.00 $4,502.00 $4,502.00 ' **************CUSTOMER COPY************* • • NOTICE OF EXEMPTION To: CITY OF CARLSBAD SD County Clerk Attn: Jennifer Samuela Mail Stop A-33 Fmm: CITY Of CARLSBAD NOV 19 2012 PLANNING DEPARTMENT Planning Division \F ~ l E lO 1635 Faraday Avenue EmestJ D1011811burg, Jr. Recorder County Cle!k Carlsbad CA 92008 OCT 1 2 2012 1600 Pacific Highway San Diego CA 921 01 BY H. Ayy~ao D PUTY Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Subject: Resources Code (California Environmental Quality Act). Project Number and Title: CUP 12-09-Fortis Fitness & Strength Project Location-Specific:-=.2::..!.7...!..12~G~a~te::..!.w!..!:a~y~R~o~a~d ________________ _ Project Location-City:_C=are!.:ls"""b:.::ad=------Project Location -County: San Diego Description of Project: Operation of a specialty fitness gym in a vacant 10,566 square foot space located within an existing office/industrial development on property located at 2712 Gateway Rd. Name of Public Agency Approving Project:_C=ity.J-,..:::..o,_f C=are!.:ls=b=a=d ___________ _ Name of Person or Agency Carrying Out Project:-'C=it:=..J.y-'o=f-'C=a=rl=sb=a=d:;,.__ _________ _ Name of Applicant: JRMC Real Estate, Jamie McCann Applicant's Address: 330 Encinitas Blvd, Suite 201, Encinitas, CA 92024 Applicant's Telephone Number:----"7"""6,_0--"'6;.:::.3=..2-'"""9....:.4,_00::<...,_ _______________ _ Exempt Status: (Check One) D Ministerial (Section 21 080(b )( 1 ); 15268); D Declared Emergency (Section 21080(b)(3); 15269(a)); D Emergency Project (Section 21080(b)(4); 15269 (b)(c)); [8J Categorical Exemption -State type and section number: State Guidelines Section 15301 - Existing Facilities D Statutory Exemptions-State code number: ________________ _ D General rule (Section 15061(b)(3)) Reasons why project is exempt: The proposed specialty fitness gym will operate entirely within an existing building. Lead Agency Contact Person: Chris Garcia Telephone: (760) 602-4622 /o-lo-IZ. DON NEU, City Planner Date Date received for filing at OPR: Sar· OC I 1 Z 2012 Pc OCT 12 2-ofi-R;;: rd·-··-· troV IT ZD1i Re!ti··n~: --~ . ;~---N01iT5 tmz----... --·--~--... ·-····- Deputy_ H. Aywyao -· ----Revised 04/12 State of California-The Resources Acy DEPARTMENT OF FISH ANDWME 2012 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEAR~ LEAD AGENCY CITY OF CARLSBAD COUNTY/STATEAGENCY OF FILING SAN DIEGO PROJECTTITLE CUP 12-09-FORTIS FITNESS & STRENGTH PROJECT APPLICANT NAME JRMC REAL ESTATE, JAMIE MCCANN PROJECT APPLICANT ADDRESS 330 ENCINITAS BLVD SUITE 201 PROJECT APPLICANT (Check appropriate box): 0 Local Public Agency 0 School District CHECK APPLICABLE FEES: 0 Environmental Impact Report 0 Negative Declaration CITY ENCINITAS 0 Other Special District 0 Application Fee Water Diversion (State Water Resources Control Board Only) 0 Projects Subject to Certified Regulatory Programs 1Z1 County Administrative Fee 0 Project that is exempt from fees IZI Notice of Exemption 0 DFG No Effect Determination (Form Attached) 0 Other------------------- PAYMENT METHOD: 0 Cash 0 Credit 1Z1 Check 0 Other_1_6_1_9 ___ _ SIGNATURE X • RECEIPT# SD2012 0860 STATE CLEARING HOUSE# (lfappticable! STATE CA 0 State Agency $2,919.00 $2,101.50 $850.00 $992.50 $50.00 $ $ $ $ $ DATE 10/12/2012 DOCUMENT NUMBER *20120860* PHONE NUMBER 760/632-9400 ZIP CODE 92024 1Z1 Private Entity $50.00 $ ______ _ TOTALRECEIVED $ ____ ____:$...:.50.:._·...:.00.:.... CITY OF CARLSBAD NOV 19 2012 PLANNING DEPARTMENT 11111111111111111111111111111111111111111111111111 ORIGINAL· PROJECT APPLICANT COPY-DFG/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG 753.5a (Rev. 7108) (~~CITY OF ~CARLSBAD • • FJLE COPY 9 ·1~·/.:;) Community & Economic Development www.carlsbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, October 3, 2012, to consider a request for the following: CASE NAME: CUP 12-09-Fortis Fitness & Strength PUBLISH DATE: September 21, 2012 DESCRIPTION: Request for a Conditional Use Permit to allow Fortis Fitness & Strength to operate a specialty fitness gym in a vacant 10,566 square foot space located within an existing office/industrial development on property located at 2712 Gateway Road, in the P-M Zone and in Local Facilities Management Zone 17. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http:Uwww.carlsbadca.gov/cityhall/meetings/Pages/meeting-videos.aspx on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Chris Garcia in the Planning Division at (760) 602-4622, Monday through Thursday 7:30a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. o Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten {10) calendar days after a decision by the Planning Commission. CITY OF CARLSBAD PLANNING DIVISION Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® • • f----.--------\ SITE MAP • N NOT TO SCALE Fortis Fitness & Strength CUP 12-09 \ \ ________ ) -··--·~~~·~~ • PROOF OF PUBLICATION (2010 & 2011 c.c~;};~, ...... c_c~ .. I r.~"'r-o. STATE OF CALIFORNIA I ·"'>· . County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-, Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: September 21st, 2012 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California On this 21st, day of 012 Jane Allshouse NORTH COUNTY TIMES Legal Advertising BEST COPY • • ATTACHMENT "2" CERTIFICATION OF POSTING I certify that the "Notice of Project Application" has been posted at a conspicuous location on the site on 111 't 1/' ~ J ).~I")... (a"ATE) 1 SIGNATURE: ~ I~ PRINT NAME: (J///(t' #Q wr .$ PROJECT NAME: {& y tif f/f!llt5~ f ftr~I'Vf fh PROJECT NUMBER: ___;;;;_t_tt__.:_I_I::,_)._-_P.,_f -- LOCATION: _J._7.;_/....:.)-_ _;G;;,...~.:...t;_;t;:..___LV~v1f-y_~;:..___o_r,_,/ I RETURN TO: _.;:;.C~h..:...J"!:....I:..:::J,;__~(.-4..;..1'_C_I_k..;;__ __ _ P-21 (Planner) CITY OF CARLSBAD PLANNING DIVISION 1635 Faraday Avenue Carlsbad, CA 92008-7314 Page4 of6 Revised 07110 ... . . ) (~~)CITY OF ~CARLSBAD • • FILE COPY 7·.;)5·/~ Community&: Economic Development www.carlsbadca.gov I EARLY PUBLIC NOTICE PROJECT NAME: Fortis Fitness & Strength PROJECT NUMBER: CUP 12-09 This early public notice is to let you know that a development application for a Conditional Use Permit project within your neighborhood has been submitted to the City of Carlsbad on July 13, 2012. The project application is undergoing its initial review by the City. LOCATION: 2712 Gateway Road, Building E. PROJECT DESCRIPTION: A Conditional Use Permit (CUP) to allow a specialty fitness gym in the P-M zone catering to individuals seeking private and semi-private personalized instruction and athletic training. Please keep in mind that this is an early public notice and that the project design could change as a result of further staff and public review. A future public hearing notice will be mailed to you when this project is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments regarding this proposed project please contact Chris Garcia, Junior Planner at chris.garcia@carlsbadca.gov, 760-602-4622, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 I ® • • I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER cu; 11. -or APPLICANT OR APPLICANT'S REPRESENTATIVE BY:~~ DATE: _____;;.~-'--/--=-j_;_(;l"~'--,:0....~...-1_;_)_ __ _ RECEIVED BY DATE:----------- 09 \ 6 5 \\ ® .g_\ 7 38 AC 4 \ @ 5 02AC. I 3 PAR4 @ 3.03AC@c-~ li\ PAR3~ ~ fli®ll!i 97 a. NO ,e,CCESS PALOMAR (iff;> SAN DIEGO COUNTY ASSESSOR'S MAP L2lli QV SHT 2 BOOK 209 PAGE 08 SHT 1 OF 4 N84o21'36"W 287.94 A N70'611'03"E 41.23 B Nll5'01'1 3"E 62.1l6 c S86'31'02"E 60.83 0 N85'01'13"E 29.17 598.90 INNOVATION WAY 199.43 PAR 2 @ (!)a 0.90AC 320AC. 165.75 on PAR 4 ;! ®~ 0.58 AC 3 26N:.. 3 25AC. 20@ @19 PM19517 22@ 17 5.36AC. f2t3\ ~ SHT 3 -k.J.O'J ( @) 7.eeAC. NOTE: ALL ,!ICRI:.AGES PER REC. MAP !•OPEN SPACE i"NO ACCESS 3*CONDO @) 2.20 AC. PAR A 2719 LOKER AVENUE WEST OWNERS ASSOCIATION DOC2006-0753394 (SEESHT4) @ SHT 2 MAP 10372-CARLSBAD TCT. NO. 74-21 209-08 SHT 1 OF 4 3129107 MGS CI-IANGES BL K OLD NEWlY q CUT ott 1-Z.t. ;8'3 11 J-(, '2.3ifiH 81 1421 z,;24 ::11:1 17 ~19 ~~~: 2.5 187 2.1~ VIN Jff".!Ff ·-•-r-o: \Go U.t2.7 &~ 1415 Z-'+24 ~~t' 91 1444 t1~27 .30 ,, /80~ 2f "'0 "" gl.. 2 316:32 02 1189 7 33-36 05 1229 21 37-43 05 1S03 1 44-47 07 1336 15 48&49 07 1337 39 07 812 ffi SHT. 3 cc RC cc 09 @ SHT 2 ~ SHT I ~ SAN DIEGO ASSESSOR'S C3UNTY BOOK 209 PAt[ 08 SHT 3 OF 4 r N83• , "02.44 • @ 4.92 AC PAR 2 23 \ \ \ \UI @ ~ 10.44 AC \ ., \ '·,. ...... \ ' \ 378.'7 R=e931 \ SHT 4 l 32 @ 13.29 AC am QV .... i 1\1 @D \!V SHT 1 L2lli ~ SHT 3 209-08 SHT 3 OF 4 04/30/07 J J -AM ~CHANGES-' ~LKlOt oiNEWIYIII DIS R CUT ~~ ~ ,_, "11 1'o 1/11 1$19 2;;; -~ I;~ 'if :a, ~A,,. 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RANCH _j i 09 I I 'f::!. f5 s ! ~ ~ o.~AC i j i i ~ i f:l ~~I I ~ :s~ - ~ ! I SHT 1 ~~ 1.2 AC i!: ;;§ ~ ll:! 1!!!1 m I i ~ !! I ~~z &a )>-< ; (/)G) d> A:J> i -::o ,.: >o ! Otn EiJ I ::0 ....... .._, SHT 1 I ~ I I ' ~ ~ SHT 3 A o.WAc I gJ ~ 2.~AC POR 4 {27) 1.Mc --- A 1.~AC A 1.WAc @ SHT 2 A ,.WAc 6 3.~AC ~ SHT 3 SAN DIEGO COUNTY ~·s MAP ~ 213-19 SHT 2 Of 4 r· = 1oo· 01/14/2010 A~ qt ct 02 OJ 1HRIJ Of Of lliJ OJ 1HRU 118 (17 ~ 08 (S tf/18 Of (JI 1HRIJ 11 01 zr 07. 12 I tJ 17 7HIIiJ 11 tJI 1614 , 'fll(tiJ 12 2$ • 18 10 1/QI 17 I 11 17 10 tM MAP 15689 -CARLSBAD TCT CT 06-24 BRESSI RANCH COMMERCIAL MAP 14800-CARLSBAD TCT CT 03-03 BRESSI RANCH _j __J ~ A_V_E_w ___ ~~-. ----- 5• @ SHT 2 ,. SLATER PL ~ 3.3 AC ... .:, .. 5• 4* ... ~ s.~c (,3) 2.58'Ac J62.f2 2* 2 ... •• :1• 4* (i4) 5.~AC SHT 1 VILLAGE GREEN DR ~ ~ SHT 1 - 72 ...J 0.. ~ ~ 2.21 AC ~ 8.29 AC ~ "' :!! 870.62 Jl~ J02.62 .., r 11'-n ~~ ~ \ \ ("'\ \ ~ ' ~ 9 4.2 AC Efij SHT 2 ~ SHT 4 ( SAN DlEGO COUNTY AS5LSSOR'S !AAP ! 213-26 f SHT 3 OF 5 1* CONDO lHE TOWERS AT BRESSI RANCH PHASE I DOC2007-0660041 (SEE SHT 5) 2* CONDO lHE TOWERS AT BRESSI RANCH PHASE II DOC2007-0687829 (SEE SHT 5) 3* CONDO THE TOWERS AT BRESSI RANCH PHASE Ill DOC2007-0687830 (SEE SHT 5) 4* SEE CONDO PLANS FOR BRGS & DISTS 5• NO ACCESS 8• ACCESS OPENING ~----·· --- MAP 15630-CARLSBAD TCT CT 06-20 THE TOWERS AT BRESSI RANCH MAP 14960-CARLSBAD TCT CT 02-15 .. J ------ ___./ // ul 09 i !! e I 5 I ~ ; ,._ ~ i i j I I ~ ~ ~ ~ I t1iJ ~ &! SHT 3 I ~ I i .,: ! I I ~ I ii ' ~ ~ ~ ~ k ® SHT J PAL0\1AR AIRPCRT RD @ SHT 2 11 (19) 2.J!""Ac SAN DIEGO COUNTY ASSESSOfi'S UAP SHT 4 OF 5 ~ 21.3-26 1" = 200' 12/01/09 A.RS l)wu: oJhBm lhl: uo F"rom:21J-121 CHANGES BlJ( PRf(R AfJN NEW APN m cur II() 26J I rHRtl B ($ 17 Of PCJfJ Ol 145 02TifllJ05 w-t! 01 5/ifB 01 THIN 07 08MJZO 09 1}1 ,,, 21 1HfU. 10 ':!!:1 RC 1• NO ACCESS 2• 40-FOOT ACCESS MAP 15669-CARLSBAD TCT CT 05-09 BRESSI RANCH _j , " '• ,t J • • CARLSBAD FIRE DEPARTMENT FIRE PREVENTION BUREAU Discretionary Review Checklist PROJECT NUMBER: ~C~U~P~12~-~09~-------------------------------------- BUILDING ADDRESS: 2712 Gateway Road, Bldg E Bldg: E Carlsbad, CA PROJECT DESCRIPTION: T.l. shell building to Athletic Fitness Facility ASSESSOR'S PARCEL NUMBER: 213-263-12 FIRE DEPARTMENT APPROVAL The item you have submitted for review has been approved. The approval is based on plans, information and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with instructions in this report can result in suspension of permit to build. By: -------Date: ATTACHMENTS COMMENTS DENIAL Please see the attached report of deficiencies marked with [B)_ Make necessary corrections to plans or specifications for compliance with applicable codes and standards. Submit corrected plans and/or specifications to this office for review. Date: 7-30-12 By: Date: By: --------Date: FIRE DEPARTMENT CONTACT PERSON NAME: Dominic Fieri ADDRESS: 1635 Faraday Ave Carlsbad, CA 92008 PHONE: (760) 602-4665 j Please remove obstruction (GYM equipment) from South exit door. "'" / • • REVIEW CHECKLIST SITE PLAN 1ST~ 2 NDoo 3RD1>1 D D D 1. Access: D Fire Department access inadequate. Provide fire access road in accordance with CMC 17.04.010. This access shall provide an unobstructed width of24 feet, and a unobstructed vertical clearance or "clear-to-sky". D Gates. Gates securing access roads shall provide a clear opening of 16 feet in width, be provided with Optical pre-emptive sensing equipment and an approved keyed override switch D Dead-End access. Dead-end streets, aisles and driveways in excess of 150 linear feet shall be constructed in such a manner that fire apparatus can maneuver to reverse direction on the road. Or must provide appropriately designed turn-around. D Fire Access Road surface. The surface of all fire department access routes shall be of an impervious "all-weather" surface material, designed to carry a minimum load of 75,000 pounds axel weight. D Alternative road surface. Alternative road surface materials such as turf block or grass crete may be approved by the Chief if; the applicant requests by letter for an approval of the use of Alternate Means and Materials and provide performance specifications and construction details which have been reviewed and certified by a licensed engineer. D Fire Lanes. If fire lanes are designated they shall become the responsibility of the developer to have said access restrictions recorded, that the owner is responsible to provide and maintain to identify and ensure enforcement of those designated access. WATER IMPROVEMENT 1ST~ 2NDi!i 3RD1>1 D D D 1. Hydrants Additional on-site public water mains and fire hydrants are required. D Provide additional fire hydrants at intervals of 300 feet along public streets and/or private driveways. Hydrants should be located at street intersections when possible, but no closer than 100 feet from the terminus of a street or driveway. D Provide additional fire hydrants at intervals of 500 feet along public streets and/or private driveways. Hydrants should be located at street intersections when possible, but no closer than 100 feet from the terminus of a street or driveway. D Provide additional fire hydrants at intervals of 1 000 feet along public streets LANDSCAPE 1ST1<1 2ND1>1 3RD~!~ D D D 1. Distance form structure or building to brush. 0 Indicate the distance from each structure to existing native vegetation or wildland area. D Rear yard set-backs. Provide dimensions from rear property line to structure X D D D D D D D D • • o Fire control planting. Indicate how the proposed plan conforms to the City of Carlsbad Landscape Guidelines by depicting various fire control plantings or management zones which buffer structures from the hazards of undisturbed native vegetation. o Fire Control maintenance responsibility. Provide a maintenance plan which identifies who will be responsible for periodic fire control maintenance, how it will be accomplished, what maintenance benchmarks or standards are proposed and how they will be documented. o Access for emergency vehicles and maintenance. Provide access to all designated fire suppression zones for emergency vehicles and maintenance. FIRE SPRINKLERS 1. An automatic fire sprinkler system is required for this project because: o This project is located on a street that does not meet the minimum street width of twenty-eight (28) feet in a fire hazard zone. o This project is accessed from a Private street or driveway less than 24 feet in width. o This project is located on a street, access roadway or driveway that exceeds the maximum gradient of 10.0% (5.7degrees). o This project is located less than ten (1 0) feet from adjacent buildings (eave to eave) o The center or the furthest most wall or projection of the dwelling exceeds 150 feet from the "Center-line" of the nearest fire department access. This distance is measured along a path that simulates the route a firefighter may take to access all portions of the exterior of a structure from the nearest public road or fire access road. '/This project exceeds or expands the aggregate floor area of five-thousand f\{5,000) square feet. Mezzanines and garages shall be included in the aggregate square footage calculation. Detached buildings such as cabanas, pool houses, 'granny flats' and the like shall be included in the total square footage if they meet any of the above conditions. 2. Provide notes on all plans submitted for review that indicate that fire sprinklers are required. 3. Submit fire sprinkler plans to the Fire Department for review. WATER METERS 4. You will be required to install a one inch (1") or greater water service and water meter. This is to ensure that there is adequate water provided in the event of a fire sprinkler activation during periods of other uses and/or demands, e.g. irrigation. • DATE: JULY 16, 2012 CITY OF CARLSBAD REVIEW AND COMMENT MEMO PROJECT NO(S): CUP 12-09 tiJ.I't~;,;J, , PROJECT TITLE: FORTIS FITNESS & STRENGTH APPLICANT: HOWES WEILER & ASSOCIATES/MIKE HOWES TO: [8] land Development Engineering-Terie Rowley D Police Department-J. Sa sway [8] Fire Department-Greg Ryan fll>;'' Building Department-Will Foss D Recreation -Mark Steyaert D Public Works Department (Streets)-Nick Roque • D Water/Sewer District D landscape Plancheck Consultant-PELA D School District D North County Transit District-Planning Department D Sempra Energy-land Management D Caltrans (Send anything adjacent to 1-5) D Parks/Trails -liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or con-~t9.l~Jm~~ili\IG TRACKING DEsK', in the Planning Department at 1635 Faraday Avenue, by 873/12. If you have "No Comments," please so state. If you determine that there are items that need to be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Signature I f Date PLANS ATIACHED Review & Comment 03/10 ~ (t~ CITY OF ~CARLSBAD • Memorandum July 17, 2012 To: Chris Garcia, Project Planner From: Clyde Wickham, Project Engineer Via: Glen Van Peski, Engineering Manager Re: CUP 12-09 FORTIS FITNESS & STRENGTH CONDITIONS • Land Development Engineering has completed its review of the above referenced project. Engineering staff does not have any comments on the project. Please add the following conditions of approval to the approving resolution: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building permit. 1. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all to the satisfaction ofthe city engineer. 2. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form 3. and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov ,• .. CUP 12-09 July 17, 2012 Page 2 • • Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. If you or the applicant has any questions regarding the above, please either see or call me at extension 2742. 4~~ CITY OF VcARLSBAD Planning Division October 4, 2012 Howes Weiler & Associates Attn: Michael G. Howes 2888 Loker Ave. E, Suite 217 Carlsbad, CA 92010 • PLANNING COMMISSION NOTICE OF DECISION SUBJECT: CUP 12-09-FORTIS FITNESS & STRENGTH • www.carlsbadca.gov At the October 3, 2012 Planning Commission meeting, your application was considered. The Commission voted 6-0 to approve your request. The decision of the Planning Commission will become final on October 13, 2012. The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings is made accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Planner, Don Neu, Secretary of the Planning Commission, 1635 Faraday Avenue, Carlsbad, CA 92008. . If you have any questions regarding the final dispositions of your application, please contact your project planner Chris Garcia at (760) 602-4622 or chris.garcia@carlsbadca.gov. Sincerely, ~~ DON NEU, AICP City Planner DN:CG:bd c: UR, LLC, Attn: Leighton Frye, PO Box 743, Rancho Santa Fe, CA 92067 Data Entry File enc: Planning Commission Resolution No. 6908 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 !11iH LEJ) 10j >t} /'J-- .df~A. CITY OF VcARLSBAD Planning Division October 4, 2012 • Howes Weiler & Associates Attn: Michael G. Howes 2888 Loker Avenue East, Suite 217 Carlsbad, CA 92010 • SUBJECT: NOTICE OF RESTRICTION -CUP 12-09-FORTIS FITNESS & STRENGTH Dear Applicant: LJ FILE www.carlsbadca.gov Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of Conditional Use Permit, CUP 12-09. Please ensure the following items are addressed prior to returning the Notice of Restriction: ./ Correct Notary Acknowledgement Required (Effective January 1, 2008, all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) ./ Document must be properly notarized . ./ Name on signature page and name on Notarial Acknowledgement must match . ./ Property owner's signatures/initials must be the same as on Notary Acknowledgement. ./ Notary Seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light} . ./ Include property owner's name in the designated space above the owner's signature . ./ Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Sincerely, CHRIS GARCIA Junior Planner c: CED Senior Management Analyst File Copy T 760-602-4600 F 760-602-8559 • • I, Jon Alpert, owner of Building A in the Spectrum Flex Business Park, have reviewed the Draft Staff Report for CUP 12-09 dated 09/19/2012, which is scheduled for the Planning Commission Hearing on October 3, 2012. I have also reviewed the supporting parking documents supplied to me by JRMC Real Estate, Inc., and I understand that during peak parking usage for Fortis, Waterworks Aquatics, Bressi Ranch Pet Hospital, and C3 Church (i.e. Wednesday evenings at approximately Gpm), the Spectrum Flex project gets very near its full capacity of 269 spaces. Nonetheless, we value co-tenants, foot traffic and potential customers for our own business such that we are completely in favor of the Fortis CUP application. Jon Alpert Owner, Building A • • I, Christa Keyser. owner of Building Bin the Spectrum Flex Business Park, have reviewed the Draft Staff Report for CUP 12-09 dated 09/19/2012, which is scheduled for the Planning Commission Hearing on October 3, 2012. I have also reviewed the supporting parking documents supplied to me by JRMC Real Estate, Inc., and 1 understand that during peak parking usage for Fortis, Waterworks Aquatics, Bressi Ranch Pet Hospital, and C3 Church (i.e. Wednesday evenings at approximately 6pm), the Spectrum Fle)l project gets very near its full capacity of 269 spaces. Nonetheless, we value co-tenants, foot traffic and potential customers for our own business such that we are completely in favor of the Fortis CUP application. Christa Keyser Owner, Building B • • I, Dewey Altenhofen, owner of Building C in the Spectrum Flex Business Park, have reviewed the Draft Staff Report for CUP 12-09 dated 09/19/2012, which is scheduled for the Planning Commission Hearing on October 3, 2012. I have also reviewed the supporting parking documents supplied to me by JRMC Real Estate, Inc., and I understand that during peak parking usage for Fortis, Waterworks Aquatics, Bressi Ranch Pet Hospital, and C3 Church (i.e. Wednesday evenings at approximately 6pm), the Spectrum Flex project gets very near its full capacity of 269 spaces. Nonetheless, we value co-tenants, foot traffic and potential customers for our own business such that we are completely in favor of the Fortis CUP application. l/ur< ~·--·- 7 Signature Dewey Altenhofen Owner, Building C • • I, Leighton Frye, Managing Member of UR, LLC which owns Building D in the Spectrum Flex Business Park, have reviewed the Draft Staff Report for CUP 12-09 dated 09/19/2012, which is scheduled for the Planning Commission Hearing on October 3, 2012. I have also reviewed the supporting parking documents supplied to me by JRMC Real Estate, Inc., and I understand that during peak parking usage for Fortis, Waterworks Aquatics, Bressi Ranch Pet Hospital, and C3 Church (i.e. Wednesday evenings at approximately 6pm), the Spectrum Flex project gets very near its full capacity of 269 spaces. Nonetheless, we value co-tenants, foot traffic and potential customers for our own business such that we are completely in favor of the Fortis CUP application. UR, LLC Owner, Building D Leighton Frye, President • • I, Ted Greene, owner of Building F in the Spectrum Flex Business Park, have reviewed the Draft Staff Report for CUP 12-09 dated 09/19/2012, which is scheduled for the Planning Commission Hearing on October 3, 2012. I have also reviewed the supporting parking documents supplied to me by JRMC Real Estate, Inc., a-nd I understand that during peak parking usage for Fortis, Waterworks Aquatics, Bressi Ranch Pet Hospital, and 0 Church (I.e. Wednesday evenings at approximately 6pm), the Spectrum Flex project gets very near its full capacity of 269 spaces. Nonetheless, we value co--tenants, foot traffic and potential customers for our own business such that we are completely in favor of the fortis CUP application. Ted Greene, Owner, Building F • • I, Dr. Jonathan Lax, owner of Building G in the Spectrum Flex Business Park, have reviewed the Draft Staff Report for CUP 12-09 dated 09/19/2012, which is scheduled for the Planning Commission Hearing on October 3, 2012. I have also reviewed the supporting parking documents supplied to me by JRMC Real Estate, Inc., and I understand that during peak parking usage for Fortis, Waterworks Aquatics, Bressi Ranch Pet Hospital, and C3 Church (i.e. Wednesday evenings at approximately 6pm), the Spectrum Flex project gets very near its full capacity of 269 spaces. Nonetheless, we value co-tenants, foot traffic and potential customers for our own business such that we are completely in favor of the Fortis CUP application. Dr. Jonathan Lax Owner, Building G • • I, Daniel Taylor, owner of Building H in the Spectrum Flex Business Park, have reviewed the Draft Staff Report for CUP 12-09 dated 09/19/2012, which is scheduled for the Planning Commission Hearing on October 3, 2012. I have also reviewed the supporting parking documents supplied to me by JRMC Real Estate, Inc., and I understand that during peak parking usage for Fortis, Waterworks Aquatics, Bressi Ranch Pet Hospital, and C3 Church (i.e. Wednesday evenings at approximately 6pm), the Spectrum Flex project gets very near its full capacity of 269 spaces. Nonetheless, we value co-tenants, foot traffic and potential customers for our own business such that we are completely in favor of the Fortis CUP application. Daniel Taylor Owner, Building H properties. lie 9220 lrade place san diego. ca 92128 858.271.1820 F: 858.211.0869 ------------------......... ,_, _________ , _______________________ _ • • I, Alicia Williams, manager of C3 Church, Building I in the Spectrum Flex Business Park, have reviewed the Draft Staff Report for CUP 12-09 dated 09/19/2012, which is scheduled for the Planning Commission Hearing on October 3, 2012. I have also reviewed the supporting parking documents supplied to me by JRMC Real Estate, Inc., and I understand that during peak parking usage for Fortis, Waterworks Aquatics, Bressi Ranch Pet Hospital, and C3 Church (i.e. Wednesday evenings at approximately 6pm), the Spectrum Flex project gets very near its full capacity of 269 spaces. Nonetheless, we value co-tenants, foot traffic and potential customers for our own business such that we are completely in favor of the Fortis CUP application. A / Alicia Williams Manager of C3 Church, Building I ,---------------------------------------------- /YlAt~b q /~t/1~ • _.if~.A_ C I T Y 0 F ~'CARLSBAD Planning Division September 11, 2012 Howes Wetter & Associates Attn: Mike Howes 2888 Loker Avenue East, Suite 217 Carlsbad, CA 92010 SUBJECT: CUP 12-09-FORTIS FITNESS & STRENGTH • LJ FILE www.carlsbadca.gov The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, September 19, 2012, after 8:00a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on September 24,2012. A twenty (20) minute appointment has been set aside for you at 10:00 AM. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring the following required information with you to this meeting or provide it to your planner prior to the meeting in order for your project to go forward to the Planning Commission: 1. Unmounted colored exhibit(s) of your site plan and elevations; and 2. A PDF of your colored site plan and elevations. The 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. The PDF of your colored site plan and elevations will be used in the presentation to the Planning Commission and the public at the Planning Commission Hearing. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) and the PDF here by the scheduled time above. Should you wish to use visual materials in your presentation to the Planning Commission, they should be submitted to the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Division for at least 60 days after final action on the matter. Your materials will be returned upon written request. If you need additional information concerning this matter, please contact your Planner, Chris Garcia at (760) 602-4622. [')t DON NEU, AICP City Planner DN:CG:sm c: Jamie McCann, jamie@jrmcre.com File Copy Clyde Wickham, Project Engineer T 760-602-4600 F 760-602-8559 Planning Division August28,2012 Howes Weiler & Associates Attn: Michael G. Howes 2888 Loker Avenue East, Suite 217 Carlsbad, CA 92010 SUBJECT: CUP 12-09-FORTIS FITNESS & STRENGTH • LJ FILE www.carlsbadca.gov Your application has been tentatively scheduled for a hearing by the Planning Commission on October 3, 2012. However, for this to occur, you must submit the additional items listed below. If the required items are not received by September 4, 2012, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. Please submit the following plans: A) 10 copies of your (site plans, landscape plans, building elevation plans, floor plans) on 24" x 36" sheets of paper, stapled in complete sets folded into 9" x 12" size. B) One 8Y:z" x 11" copy of your reduced site plan, building elevation and floor plans. These copies must be of a quality which is photographically reproducible. Only essential data should be included on plans. 2. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List -a typewritten list of names and addresses of all property owners, including all forms of interval ownership, within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. B) 100' Occupant List-(Coastal Development Permits Only) a typewritten list of names and addresses of all occupants within a 1 00 foot radius of the subject property, including the applicant and/or owner. T 760-602-4600 F 760-602-8559 • • CUP 12::09 -FORTIS FITNESS & STRENGTH August28, 2012 Page 2 C) Mailing Labels -If the number of owners within the 600 foot radius is 1,000 or greater, a· display advertisement in two papers of general circulation will be placed in lieu of direct mailing and labels will not be required to be submitted. If the number of owners within the 600 foot radius is less than 1,000, please submit two (2) separate sets of mailing labels of the property owners within a 600 foot radius of the subject property. For any address other than a single-family residence, an apartment or suite number must be included. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts are: Aria I 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: ACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 ACCEPTABLE (with APN) 209-060-34-00 MRS JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 D) Radius Map-a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale · acceptable to the City Planner if the required scale is impractical. E) Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. In the case of ownership list that is 1,000 or greater, the fee is equal to the current cost of publishing an 1/8 page ad in two newspapers of general circulation. Cash check (payable to the City of Carlsbad) and credit cards are accepted. Sincerely, elM~ CHRIS GARCIA Junior Planner CG:sm Attachment c: File .4f~_A CITY OF VcARLSBAD Planning Division August 9, 2012 Howes Weiler & Associates Attn: Michael G. Howes 2888 Loker Ave. E, Suite 217 Carlsbad, CA 92010 • • ~~ ~ 0 \ttl\'[_; I 11-L.: \,vr j www.carlsbadca.gov SUBJECT: CUP 12..09-FORTIS FITNESS & STRENGTH-CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY /PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The project is exempt from the provisions of CEQA, pursuant to CEQA Categorical Exemption for Existing Facilities -State Guidelines Section 15301. No environmental review is required for the project. [8] A Notice of Exemption will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. The check should be submitted approximately one week prior to the Planning Commission decision date. For additional information related to this CEQA applicability/process determination, please contact the project planner, Chris Garcia, at (760) 602-4622 or chris.garcia@carlsbadca.gov. [ly~ DON NEU, AICP City Planner DN:CG:bd c: Chris DeCerbo, Principal Planner Clyde Wickham, Project Engineer File Copy Data Entry T 760-602-4600 F 760-602-8559 d~_A. CITY OF VcARLSBAD Planning Division August 9, 2012 Howes Weiler & Associates Attn: Michael G. Howes 2888 Loker Ave. E, Suite 217 Carlsbad, CA 92010 • SUBJECT: CUP 12-09-FORTIS FITNESS & STRENGTH www.carlsbadca.gov Congratulations, your project application was deemed complete on July 31, 2012, and the City has determined on August 9, 2012 that the project is exempt from CEQA. In the interest of expeditiously processing your application consistent with the State Permit Streamlining Act (California Government Code Section 65950), the project must be scheduled for a public hearing no later than October 8, 2012. Therefore, in the interest of achieving that decision date/hearing date, all remaining project issues must be addressed by August 23, 2012. If all project issues are not resolved by the date listed above, you may formally request a one-time 90 day application extension. Otherwise, you will need to withdraw the application. Should you have any questions regarding an application extension or withdrawal, please contact Chris Garcia at 760-602-4622 or by email at chris.garcia@carlsbadca.gov. Sincerely, l?1u DON NEU, AICP City Planner c: Chris DeCerbo, Principal Planner Clyde Wickham, Project Engineer File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 AI~.A c I T y 0 F • • (v\.wj.QQl l \;J 't \ \V VcARLSBAD FILE COPY Planning Division www.carlsbadca.gov July 31, 2012 Howes Weiler & Associates Attn: Michael G. Howes 2888 Loker Ave. E, Suite 217 Carlsbad, CA 92010 SUBJECT: 1ST REVIEW FOR CUP 12-09-FORTIS FITNESS & STRENGTH Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Conditional Use Permit, application no. CUP 12-09, 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 Division will begin processing your application as of the date of this communication. At this time, the City asks that you provide 2 complete sets of the revised development plans so that the project can continue to be reviewed. The City will complete the review of your resubmittal within 25 days. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Chris Garcia, at (760) 602-4622, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Clyde Wickham, Associate Engineer, at (760) 602-4622. • Fire Department: Dominic Fieri, Fire Inspections, at (760) 602-4665. Sincerely, CHRIS DeCERBO Principal Planner CD:CG:bd c: UR, LLC, Attn: Leighton Frye, PO Box 743, Rancho Santa Fe, CA 92067 Don Neu, City Planner Clyde Wickham, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CUP 12-09-FORTIS FITNESS IRENGTH July 31, 2012 Page 2 Planning: • ISSUES OF CONCERN 1. Please add the project number (CUP 12-09) to the top right corner of the plans; 2. Please update the parking count to be 269 spaces. The 3 parking spaces at the southeast corner of the site are on the adjacent property and are being counted toward that property's required parking. 3. Parking data and an analysis was submitted with the application. However, some clarification and additional information is needed. The parking surveys provided do not show what day of the week they are for. Please provide actual parking demand of each use by day of the week as well as time of day. Please provide a table showing that the parking demand for each use does not exceed the supply (269 spaces) at any given day/time. The table should also include parking required per Carlsbad Municipal Code Section 21.44 for each use. Please also note that the Pet Hospital in Building "G" has been allocated 41 spaces per Minor Conditional Use Permit, MCUP 08-21 and that there are existing joint use parking agreements for the church in Building "I" and the aquatics facility in Building "A". 4. A clarification is needed on the 5 exclusive use parking spaces allocated per building (except only 1 space for building "1"). Will these spaces be available outside of 8am-5pm Monday - Friday? Or, will signage restrict use to each building 24 hours a day, 7 days a week? Please include information in the parking analysis. 5. Please add the following information to the project description: Fire: a. The number of anticipated users at various times of the day; b. The number of employees at various times of the day; c. The maximum number of users of the group exercise rooms at any given time; and d. The reason that the requested use is necessary or desirable for the development of the community and how it differs from other smaller specialty fitness gyms in the area. 1. An automatic fire sprinkler system is required for this project because this project exceeds or expands the aggregate floor area of five-thousand (5,000) square feet. Please provide notes on all plans submitted for review that indicate that fire sprinklers are required.