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Home My WebLink AboutCUP 2019-0029; EVOLUTION DANCE CENTER; Conditional Use Permit (CUP)( Citvof Carlsbad 0 LAND USE REVIEW . APPLICATION P-1 Development Services_ Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXESJ Development Penn/ts D Coastal Development Permit D Minor ~ Conditional Use Permit ft , 1 iJ 6D Minor O Extension l.A/11- 0 Day care (Large) D Environmental Impact Assessment D Habitat Management Permit D Hillside Development Permit 0Mtnor 0Mtnor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential O Non-Resident1ai D Planning Commission Detenninatlon D Reasonable Accommodation 0 Site Development Plan D Special Use Permit 0Mmor 0 Tentative Parcel Map (Minor Subdivision) 0 Tentative Tract Map (Major Subdivision) D Variance O Minor (FOR DEPT. USE O'lL YJ .Leqislstlye Permits tO{ q_ 66JJl D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change □Amendment □Amendment D Zone Code Amendment South Carlsl,lld Coastal Review Area !!!!l11Jim. D Review Permit D Administrative D Minor D Major v111aae Review Area ee,mits D Review Permit D Admlnislrative D Minor D Ma;or (FOR OEP1 USE ONt Y) NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST SE SUBMITTED SY APPOINTMENT•. PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (780) 602·2723 TO SCHEDULE AN APPOINTMENT. . . . ASSESSOR PARCEL NO(S): LOCATION OF PROJECT. NAMc OF PROJECT BRIH DESCRJr'TION OF PROJECT PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONL V •SAME OAY APPOINTMEHTS ARE NOT AVAILABLE 213-061-33 2032 Corte Del Nogal, Carlsbad CA 92011 (STREET ADDRESS) Evolution Dance Center Permit to allow a Dance Studio to relocate to a building in the P-M Zone (2032 Corte Del Nogal) ESTIW\TEJ COMPLETION DA.IE Development No. ])(j) If>( Cf-0 / £2 Lead Case No. Revlsed 03/17 ... -~UJ~ 0 I , \ ··I, Evoiut,on Oa~ce Center n,c--5.3.20.;.;- ------------------i S REPRESENTATIVi: Canst;~ CA920lu i60-92&-22&8 __ p_za_1>_r0d(_1@...,_hw .... p_l1_n_m_ng __ (;OI"\ __________________________________ _ -.,;;:-·---·-··----:.7 ...;._~..a,.,c;.,:;........a_+-.......__-_ ·--···-. :. '·•. F"OR CITY USE ONLY . dl,l\iG RECE1VED. JUL O ! 2019 CITY OF CARLSBAD -i Pl1ANNlNG DIV~SIQN. OWNER NAME INDIVIDUAL NAME (if applicable): COMPANY NAME C (PLEASE PRINl) carota Sctlropp (If applicable): Ogletho,pe Properties, LLC MAILING ADDRESS: 2032 Corte Def Nogal _____ _.;;;.. _____ _ CITY, STATE, ZIP Carlsbad, CA92011 TELEPHONE: 760-809-3414 EMAIL ADDRESS: carolaschropp@hayimgroup.com I CERTIFY THAT I AM THE LEGAL o./VNER ANO THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY AS LEGAL ONNER THAT THE APPLICANT AS SET FORTH 7'1N IS MY AUTHORIZED REPRESENTATIVE FOR P~SOF APPLICATION. /;. I fAAv I 7 ~'( /1 SIGNATURE r--._/ DATE • 0 APPLICANT NAIIE INDIVIDUAL NAME (if appllcable): Lisa Esposito COMPANY NAME ----------- (if applicable): Evolution Dance Center MAILING ADDRESS. TT-40 El Camino Real. Suites J and K CITY, STATE, ZIP; Cart.bad, CA 92009 TELEPHONE: 760-753-2002 EMAIL ADDRESS: evotutiondancecarlsOsroa11.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOIM.EDGE. dl~ 07/24/19 SIGNATURE DATE APPLICANrs REPRESENTATIVE (Print): Patrick Zabrocki ---=---=-----------------------MAILING ADDRESS: 2888 Loker Avenue Eaat. Suite 217 CITY, STATE, ZIP: Carlabad, CA 92010 TELEPHONE: 760-929-2288 EMAIL ADDRESS: PzabrocklGhwplannlng.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION ANO THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY ~ c¼.J<14r IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF. PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 11\NE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RE~I_THI! 0 ta PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE CMvtBIND AN SUCCESSORS IN INTEREST. PR ER SIGNATURE DATE STAMP APPLICATION RECEIVED !RECEIVED BY: P-1 P•ge 2 of6 Revised 03117 DocuSign Envelope ID: 1E843BFD-5DDC-44AC-r '-A656A6DFAC1D RECEIVED OCT O 1 2019 CITY OF CARLSBAD PLANNING DIVISION Attention Shannon Hark.er/ City of Carlsbad I am aware that the application for the Minor Conditional Use Permit has been submitted to the City of Carlsbad for approval ofEvolution Dance Center to be located in the PM zone at 2032 Corte del Nogal. I supportthe proposed use and necessary access to the building for Evolution Dance Center (City Code: "Educational Facilities, Other") provided by the parking lot (APN 213- 061-34). I am authorized and designated to sign this letter on behalf of this Association. Signed by: la DocuSigned by: L!:EO~~ Title: on behalf of worth Property Management, Agent for Association Date: 9/27/2019 Address: Carlsbad corporate center owners Assoc 2204 El Camino Real #302 oceanside CA 92054 FC;:: . -. -., ''= D OCT O I 2019 CITY OF CAHLSBAD PLANNING DIVISION 2032 Cone del Noga!. Suite 100 Carlsbad. CA 9201 I ( 760) 809-3414 Resolution regarding Member Authorit)· The undersigned as the Manager of Oglethorpe Properties. I.LC (the Company) as stated in the Operating Agreement. dated at Section 4.1. herein consents and adopts this Resolution as actions of the Company in lieu of a formal or organizational meeting. WHEREAS. the Company wishes to designate a sole individual to execute any and all documents on its behalf; and WHEREAS, the sole Manager of the Company is Carola Schropp. RESOLVED. that Carola Schropp, as the Manager and Sole Member of Oglethorpe Properties. LLC is hereby authorized and designated as the sole individual to execute any and all documents on behalf of the company. This Resolution is herewith executed on this 24th day of July 2019. OGLETH:z;RPE P OPERTIES LLC / . fftul2 Carola Sc rop Member & Manager l_ City of Carlsbad DISC LOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 60 -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 ~ be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust. receiver, syndicate, In this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICAN T (Not the applicant's agent) 2. P-1(A) 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 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Per$on Lisa Esposito corp/Part ____________ _ Title Owner of Evolution Dance Center Title -------------Address ___________ _ OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in· the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person laro-fei S"clttv h :, Corp/Part. _________ _ Title Ot.;VI HtuV, lLC Title -------------- Address.~...._~'--"---"-'_.;;.--"'-'-'---,-+~ Address ___________ _ Grt1 had, cl+ q'J..()J/ RECEI ED JUL O 1 2019 CITY OF CARLSBAD PLANNING DIVISION Page 1 of 2 Rev,sed 07/10 0 0 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to ( 1) or (2) above rs a nonprofit organization or a trust. list the names and addresses of Atl;t person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust._______ Non Profit/Trust. ________ _ Title. ___________ _ Title _____________ _ Address _________ _ Address ___________ _ 4. Have you had more than $500 worth of business transacted with any member 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 additional sheets if necessary. I certify that au the above information is true and correct to the best of my knowledge . . " ;', ~ £ ~ JUL I i ~o~u--- Signature of ~/date Signature of applicanVda Print or type name of o .A \lsa Es~ ~7<0 Print or type name of appint Patrick 2abrocki Print or type name of owner/applicant's agent "-1/A, Page 2 of 2 Rev1sec 07.'1 C C Cicyof Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: Evolution Dance Center APPLICANT NAME: Lisa Esposito Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov -------------------------- Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: Please see attached sheets. P-1(8) Page 1 of 1 Revised 07/10 tiiiir1. HOWES I WEILER I LANDY PLANNING & ENGINEERING EVOLUTION DANCE ACADEMY Application for a Minor Conditional Use Permit City of Carlsbad Project Description December 2019 This application is for a Minor Conditional Use Permit (MCUP) to allow the Evolution Dance Center to be located at 2032 Corte Del Nagai in the Carlsbad Corporate Center Business Park, within the PM Zone in the City of Carlsbad. The applicant is proposing to occupy building 2032 which is located in the southwestern portion of the business park and is approximately 7,040 square feet (sf) of office space. Background Evolution Dance Center is an existing dance studio that has been in business since 2010 in the city of Carlsbad. The current location of the studio is at 7740 El Camino Real, Suite Kin the Beacon Shopping Center. Although the Evolution Dance Center has successfully and happily occupied their current suite for close to a decade, current renovations are being performed at the Beacon Shopping Center and have created operational issues and are impacting student attendance. Pictures of the ongoing renovations have been provided as an attachment to this project description for reference. Additionally, the Applicant has received notice that leasing rates will be doubling which will result in the dance studio being unable to operate as a financially secure business. Therefore, the applicant has an urgent need to move into the proposed building at 2032 Corte Del Nagai, within the Carlsbad Corporate Center. The Carlsbad Corporate Center is a small business park generally located within the central part of the City in an area that is designated for P-M uses. A site location map has been provided as an attachment to this project description. The business park contains a total of five buildings ranging in size from 7,040 sf to 11,800 sf and are currently occupied by office uses. The Carlsbad Municipal Code allows for a dance studio to operate within the PM Zone, subject to obtaining a Minor Conditional Use Permit. This application serves to provide sufficient information and data for the City to make a determination that the Evolution Dance Studio will be allowed to relocate into the building at 2032 Corte Del Nagai. Description of Services Evolution Dance Center is an educational dance studio that offers dance classes for children ranging in age from 2 to 18 years. Classes are offered for many dance styles, including ballet, lyrical, tap, jazz, hip hop, pointe, and contemporary. Children of all ages work on basic coordination, cardiovascular health, musicality, flexibility, physical strength, endurance, confidence, team skills, leadership, social skills, and performance, all while learning the specific nuances of the dance style of their choice. Classes are held Monday through Saturday and generally occur in two blocks of time. The first block is in the morning from 8:00 to 11:00 a.m. The second block occurs from 3:45 p.m. to 9:00 p.m. Depending on the day, some classes start later and some end earlier than those time frames. As a reference, the current class schedule has been provided as an attachment to this project description. The classes are based on age groups and dance types. At the most, three classes can be ongoing at the same time, however, attendance is variable and students from different age groups are occasionally combined. Operational Plan Hours of Operation Evolution Dance Center will generally be open Monday through Friday from 8:00 a.m. to 11:00 a.m. and from 3:45 p.m. to 9:00 p.m. with classes varying in time and length throughout those time frames. The proposed schedule of classes will be exactly the same as the schedule for the current operations. This schedule has been provided for reference as an attachment. The dance studio has classes from 9:00 a.m. to 12 :30 p.m. on Saturdays and will be closed on Sundays. Staffing It is anticipated that a maximum of five employees will be working at a time with four teachers and one administrative employee staffing the reception area. Facilities The facility will be comprised of a reception/check-in area, four studio rooms, three bathrooms, an electrical room, janitorial storage, and an employee break room. Attendance The number of attendees to each class is highly variable but based on historical attendance, it is anticipated that there will be an average of 10 students per class. Parking The parking lot for the Carlsbad Corporate Center site has 194 parking spaces for the five office buildings. Accord ing to the CC&R's for the Carlsbad Corporate Center, there are no reserved parking spaces for the buildings. The project building (2032) is located within the southwestern portion of business park, as shown in the site plan provided in the project submittal package. Evolution Dance Center -MCUP 2 Project Description A corresponding breakdown of the business park parking is provided in Table 1: Carlsbad Corporate Business Park Parking. Table 1: Carlsbad Corporate Business Park Parking BUILDING SQUARE FEET RATIO SPACES 2030 11,500 1/250 46 2032 7,040 1/250 27* 2034 7,040 1/250 28 2036 11,840 1/250 47 2038 11,500 1/250 46 TOTAL 48,920 1/250 194 *One space adjacent to building 2032 has been modified from the as-builts approved by the City to be used for ADA accessibility, thereby reducing the business park's total spots to 194. Proposed Parking Demand The City of Carlsbad has categorized dance studio use under "Educational Facilities, Other". According to the Carlsbad Municipal Code -Chapter 21.44, the number of parking spaces required for a "Educational Facilities, Other" is 1 space per 200 sf. As shown on the proposed project floor plan, the amount of office space use would be 2,268 sf and the amount of dance studio space would be 4,772 sf. As shown in Table 2: Parking Demand, the proposed Project would create a total parking demand of 33 spaces, which is 5 spaces more than the originally permitted parking for the 2032 building and 6 more spaces than currently exists since one space adjacent to building 2032 was converted to an area for ADA accessibility. However, as described in the parking assessment below, the proposed parking demand would be fully accommodated by the existing supply. Table 2: Proposed Parking Demand USE SIZE RATIO SPACES Office 2,268 1/250 9 Studio 4,772 1/200 24 TOTAL 7,040 --33 Parking Assessment To appropriate!y assess the parking there are two aspects to be considered, (1) realistic parking demand, and (2) existing available parking. The realistic parking demand explains the parking demands that are unique to dance studios that have been experienced at the existing Evolution Dance Center over the last ten years. The existing available parking demand presents the parking data observed during surveys conducted at the Carlsbad Corporate Center. Evolution Dance Center -MCUP 3 Project Description Realistic Parking Demand In the years that Evolution Dance Center has occupied Suite Kat their location in the Beacon Shopping Center, the parking habits of the attendees to the dance studio have been closely observed. Parking at this shopping center is limited and the recent renovations occurring at the shopping center have been putting extra strain on access to the studio as well as the parking availability. However, it should be considered that dance studios, like Evolution Dance Center, are attended primarily by children from the ages of 2 to 18 years old. This means that a majority of the students do not drive but are taken to the classes by parents and in several cases carpool to class. Typical class times are close to an hour long, but it is common for students to attend back to back classes leading to a student being at the studio for an extended period. Due to the long class times and lack of a viewing area, it is common that parents will drop off students for their classes and leave until the end of the class. Therefore, as a mostly drop-off and pick-up operation, the realistic parking demands are more fluid and less demanding than that of other uses such as offices or fitness gyms. Therefore, applying the 1/200 sf parking ratio to a dance studio is not an appropriate methodology to determine to the actual demands created by the proposed dance studio use. Existing Available Parking As shown in Table 1: Carlsbad Corporate Business Park Parking, the Carlsbad Corporate Center business park was originally developed with a 1/250 sf parking ratio applied to all five buildings. The resulting 194 parking spaces (see Table 1) are distributed evenly throughout the property. At the time of this application, all of the buildings within the business park were fully occupied by tenants, including the 2032 building, resulting in a full parking demand scenario. Parking surveys were recently conducted at times throughout the day and week to gather data that reflects the current parking situation likely to occur during the busier times of the Evolution Dance Studio class schedule. The survey results are presented in Table 3: Parking Survey Results. Table 3: Parking Survey Results Date Day Time # Cars in Lot # Empty % Full 5/22/19 Wed 3:45: PM 72 122 37% 5/23/19 Th 10:30: AM 95 99 49% 5/23/19 Th 3:45: PM 58 136 30% 5/24/19 Fri 10:30: AM 70 124 36% 5/24/19 Fri 3:45: PM 51 143 26% 5/25/19 Sat 10:00: AM 6 188 3% 5/28/19 Tue 3:45: PM 61 133 31% 5/29/19 Wed 3:45: PM 54 140 28% 5/30/19 Thur 3:45: PM 62 132 32% 5/31/19 Fri 3:45: PM 64 130 33% Evolution Dance Center -MCUP 4 Project Description As shown in the table above, the parking lot was on average 30% occupied. The highest occupation of the parking lot occurred on Thursday, May 23rd at 10:30 a.m. where almost half of the parking lot was full (49%). Parking Assessment Conclusion The parking demand created by the proposed Evolution Dance Center is both a fluid demand and a minimal demand (additional 6 spaces) that can be accommodated by the available parking at the Carlsbad Corporate Center business park. Many dance studio attendees are dropped off and picked up resulting in parking that is brief and varied throughout the day. Additionally, some classes occur after normal business hours and would not conflict with other tenants of the business park. As indicated by the survey results the available parking within the Carlsbad Corporate Center business park would be sufficient to accommodate the additional 6 spaces required by code. Traffic The San Diego Association of Governments' (SANDAG) Guide of Vehicular Traffic Generation Rates for the San Diego Region does not have a specific classification for a dance studio, however, the most similar use would be the classification for "Health Club" (30 trips/1,000 sf). Therefore, as a conservative approach, if the Health Club ratio was applied to the entire 7,040 sf building, the proposed project would generate a total of 211 average daily trips (ADT). The existing building use is entirely office (20 trips/1,000 sf) which would result in 141 ADT, leading to an increase in 70 ADT from the previously approved use. Therefore, the generation rate for the proposed Project is far below the 500 daily trip threshold to require the preparation of a Circulation Impact Analysis. McClellan-Palomar Airport Land Use Compatibility Plan Land uses on this site are based on the uses permitted by the approved March 4, 2010 McClellan- Palomar Airport Land Use Compatibility Plan (CLUP). In accordance with the 2010 CLUP, the 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. Evolution Dance Center -MCUP 5 Project Description EVOLUTION DANCE CENTER PROJECT FIGURE 1 -EXISTING LOCATION PHOTOGRAPHS SOURCES: Google Earth, June, 2019; Howes, Weiler, Landy, June, 2019. ® Site Boundary Note: Not to scale. tfWl HOWES I WBI.ERILANDY Pl.ANNING & ENGINEERING EXHIBIT 2-SITE LOCATION MAP 2032 Corte Del Nogal -Evolution Dance Center Project 2018/2019 Class Schedule Monday Boys Crew: 3:45-5:30: REG Level 1: 3:45-5:30: Lyrical/Hip Hop Level 2: 3:45-6:30 Ballet/ Lyrical/ Hip Hop Level 3: 4:30-7:30: Ballet/ Lyrical/ Hip Hop Level 4: 5:30-8:30: Ballet/ Lyrical/Hip Hop Level 5: 6:30 -9:00: Ballet/Lyrical Tuesday Mini's: 8:30-9:45: Kid Fit Yoga/ Hip Hop Age 4-5: 3:45-5:15: Ballet/ Hip Hop Age 5-6: 3:45-5:15: Ballet/ Hip Hop Age 7-8: 3:45-5:15: Ballet/ Hip Hop Level 1: 5:15-7:30: Hip Hop/ Jazz/ Ballet Level 2: 3:45-6:45: Ballet/ Jazz/ Hip Hop Level 3: 5:00-8:15: Ballet/ Jazz/ Hip Hop Level 4: 5:15-8:15: Ballet/ Hip Hop/Jazz Level 5: 6:30-9:15: Ballet/Jazz Wednesday Level 1: 3:45-5:30: Jazz/ Hip Hop Level 2: 3:45-6:15 Ballet/ Jazz/ Hip Hop Level 3: 3:15-7:15: Ballet/ Contemporary/ Hip Hop Level 4: 3:30-7:45: Contemporary/ Ballet/ Hip Hop Level 5: 5:00-9:15: Ballet/ Contemporary/ Hip Hop Thursday Mini's: 9:00-10:00: Ballet/ Tap Age4-5: 3:45-5:15: Ballet/ Tap Age 5-6: 3:45-5:15: Ballet/ Tap Age 7-8: 5:15-6:00: Hip Hop Level 1: 3:45-6:45: Hip Hop/ Jazz/ Ballet/Tap Level 2: 3:45-7:30: Ballet/ Jazz/ Hip Hop/ Tap Level 3: 5:00-8:15: Ballet/ Jazz/ Tap Level 4: 6:45-8:15: Hip Hop/ Jazz Level 5: 6:00-9:15: Tap/ Ballet/ Jazz Friday Mini/ Petiete: 3:30-7:30: Team Rehearsal Level 1: 5-7:30: Team Rehearsal Level 2: 3:45-6:30: Team Rehearsal Level 3: 3:30-8:00: Team Rehearsal Teen/Senior Team: 3:45-5:30: Team Rehearsal Saturday Age 2-3: 9:00-10:00: Ballet/ Tap Age 4: 10:00-11:00: Ballet/ Tap Age 5-6: 11:00-12:00: Ballet/ Tap Level 1: 9:00-10:30: Ballet Level 2: 9:00-10:30: Ballet Level 3: 10:30-12:30: Ballet Level 4/5: 10:30-12:30: Ballet ( C:ityof Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development S~rvices Planning Division 1635 Fardday Avenue t760) 602 -4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962 5) 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): Ii] The development pro1ect and any altematIves proposed In this apphcat1on ~ contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. U The development project and any alternatives proposed in this application ~ contained on the lists compiled pursuant to Section 65962.5 of the Slate Government Code. APPLICANT Name: Lisa Esposito / Evolution Dance Center Address: 7740 El C am ino Real Suites J & K Carlsbad, CA 92009 Phone Number: 760-753-2002 Phone Number•_7_,_-:---_'-'_· ---',J'-•._l _''-/-"'_"-!-''--'-1/_'-I.___ Address of Site: 2032 Corte Del Noga!, Carlsbad CA 9201 1 Local Agency (City and County): Carlsbad, County of San Diego Assessor's book. page, and parcel number·_2_1_3_-_0_6_1_-_3_3 _____________ _ Specify list(s):_N_A ___________________________ _ Regulatory Identification Number:_N_A _____________________ _ Date of List: NA ----------------------------- / /1,1 Property Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese isl) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1IC) i>age of L RECEIVE9d 02"1 JUL O ! 2019 CITY OF CARLSBAD PLANNING DIVISION Ccicyof Carlsbad EIA INFORMATION FORM P-1(0) INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form -Initial Study. P-1 (D) Page 1 of 4 REC~IVED JUL O ! 2019 CITY OF CARLSBAD PLANNING DIVISION Revised 07/10 0 0 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ___________ (To be completed by City) Application Number(s): --------------------- Gener a I Information 1. Name of project: Evolution Dance Center 2. Name of developer or project sponsor: Lisa Esposito ___ .....;;... ____________ _ Address: 77 40 El Camino Real Suites J & K City, State, Zip Code: Carlsbad, CA 92009 Phone Number: 760-753-2002 3. Name of person to be contacted concerning this project: Patrick Zabrocki Address: 2888 Loker Avenue East, Suite 218 City, State, Zip Code: Carlsbad, CA 92010 Phone Number: 760-929-2288 4. Address of Project: 2032 Corte Del Nagai Assessor's Parcel Number: 213-061-33 -------------------- 5. 6. 7. 8. 9. ~ist a~d describe a~y other _related permits and other public approvals required for this project, including those required by crty, regional, state and federal agencies: None Existing General Plan Land Use Designation: Planned Industrial (P-I) Existing zoning district: Planned Industrial (P-M) Existing land use(s): Office ------------------ Proposed use of site (Project for which this form is filed): Educational facilities, other Project Description 10. site size: 13.99 acres (entire business park) 11. Proposed Building square footage: 7,040 (existing) ---'-----=-=-------------- 12: Number of floors of construction: NA ---------------- 13. Amount of off-street parking provided: 195 (business park) 29 (building) 14. Associated projects: NA ------------------ P-1 (D) Page 2 of 4 Revised 07/10 15. 16. If residential, include the number of units and schedule of unit sizes: NA ----------- If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: NA 17. If industrial, indicate type, estimated employment per shift, and loading facilities: NA 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: instructional Dance studio Employees per shift: _: Occupancy: _; Loading: Roll-up doors to warehouse area; Benefit: Professional instruction to grow the local community arts 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: Educational facilities, other (defined: Section 21.04.137) requires a Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of the municipal code P-1(0) Page 3 of 4 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 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or □ 0 roads. 22. Change in pattern, scale or character of general area of project. □ 0 23. Significant amounts of solid waste or litter. □ 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ 0 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ 0 27. Site on filled land or on slope of 1 0 percent or more. □ 0 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ 0 31. Relationship to a larger project or series of projects. □ 0 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: 05/30/ 19 Signature: For: Patrick Zabrocki P-1(0) Page 4 of 4 Revised 07/10 tfilVI HOWES !WEILER I LANDY PLANNING & ENGINEERING P-1 {D) Environmental Setting Description Evolution Dance Center Project June 2019 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. The project site located at 2032 Corte Del Nogal within the Carlsbad Corporate Center, regionally located in the central portion of the City of Carlsbad. Access to the site is from the northeastern corner of the business park via Corte Del Nogal. Topography of the built portion of the site is mostly flat with an average elevation of approximately 205 feet above sea level. The project site at the Carlsbad Corporate Center is entirely built out by five (5) industrial/office structures of similar size and scale. The 2032 building is a free-standing structure that is approximately 7,040 square feet and is located within the southwestern portion of the business center. The business center contains 195 parking spaces. Conservatively assuming the 2032 building was approved for entirely for office use, the building has been allocated 28 parking spaces. The business center site also contains mature landscaped vegetation surrounding the parking lot. Due to the young age and industrial nature of the area, the existing structure has no historic value and the site does not have scenic qualities. Additionally, because the project would not include any ground disturbance, there would not be any chance of encountering potential subsurface cultural resources. The project building is approximately 20 feet in height and is used for office needs. The photos presented in Attachment 1 -Existing Site Photographs depict the current site setting. 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. Within the Carlsbad Corporate Center business park, the project building is located in the southwestern corner of the development and has four (4) similarly sized office structures located to the north, northeast and east. Similar to the 2032 building, these buildings contain offices uses such as consultants and tax preparation companies. In regards to the Carlsbad Corporate Center, Corte Del Nogal fronts the project site to the east and Camino Vida Roble borders the project site to the south and office/industrial buildings border the western, northern and eastern portions of the site. To the south, across Camino Vide Roble, is open space and the intersection of Camino Vida Roble with Palomar Oaks Way. The uses, size and intensity of the surrounding existing uses are similar as the Carlsbad Corporate Center. Similar to the project site, the surrounding properties also do not contain significant aspects of biological, cu ltural, or aesthetic qualities. The photos in Attachment 1 -Existing Project Photographs depict the surrounding properties. ll Page EVOLUTION DANCE CENTER PROJECT EIAATTACHMENT 1 -EXISTING SITE PHOTOGRAPHS Photo 1: View of the southern building fa~ade. Photo 3: View of the northern building fa~ade. Photo 2: View of the eastern building fa~ade. Photo 4: View of the western building fa~ade from Camino Vida Roble. EVOLUTION DANCE CENTER PROJECT EIAATTACHMENT 2-SURROUNDING SITE PHOTOGRAPHS Photo 1: View of the office building to the east. Photo 3: View of the office building to the north. Photo 2: View of the office building to the south. Photo 4: View of the intersection of Camino Vida Roble and Palomar Oaks Way. C cicyof Carlsbad PURPOSE CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved . Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG) reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that are subject to discretionary review or require a building permit. APPLICATION SUB MITT AL REQUIREMENTS ...i1 The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Carlsbad website. This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessary to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate full compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances. _.. If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum required by ordinance, an explanation must be provided to the satisfaction of the Planning Division or building official. _.. The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. _.. Details on CAP ordinance requirements are available on the city's website. P-30 Page 1 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist STEP 1: LAND USE CONSISTENCY The first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP. This section allows the city to determine a project's consistency with the land use assumptions used in the CAP. Projects found not to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric tons of CO2 equivalent (MTC02e) GHG will be subject to a project- specific analysis of GHG emissions' impact on the environment in accordance with the requirements of the California Environmental Quality Act (CEQA). This may result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance with the CAP ordinance requirements identified in Step 2 of this checklist. Checklist Item (Check the cWfl)priate box and provide an explanation and supporting documentation for your answer) A. Is the proposed project consistent with the existing General Plan land use and specifidmaster plan or zoning designations? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less GHG-intensive project when compared to the existing designations? Yes No 1K] □ If ''Yes", proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan. lf"No", proceed to Question B. B. The CAP established a screening threshold of 900 MTCO20/year for new development projects to assist in determining consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP screening threshold. Will the proposed land use change result in the construction of less than any one of the following? • Single-Family Housing: 50 dwelling units • Multi-Family Housing: 70 dwelling units • Office: 35,000 square feet • Retail Store: 11,000 square feet • Grocery Store: 6,300 square feet • Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to determine whether it is below the 900 MTCO20/year screening threshold. If ''Yes", proceed to Step 2 of the checklist. □ □ If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with California Environmental Quality Act Guidelines Section 15091 . Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact ana~sis. Proceed and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS Completion of this checklist will document a project's compliance with CAP ordinances, and in turn , demonstrate consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply to development projects that require a building permit. All other development projects shall implement all emissions-related mitigation measures from the General Plan Update EIR. Project No./Name: CUP 2019-0029 (DEV2019-0130) / Evolution Dance Center Property Address/APN: 2032 Corte Del Nagai -213-061-33 Applicant Name/Co.: Lisa Esposito / Evolution Dance Center Applicant Address: 7740 El Camino Real, Suites J and K, Carlsbad CA 92009 Contact Phone: 760-753-2002 Contact Email: evolutiondancecarlsbad@gmail.com Contact information of person completing this checklist (if different than above): Name: Patrick Zabrocki Contact Phone: 760-929-2288 ec. 407 Company name/address: Howes, Weiler, Landy -Planning & Engineering Contact Email: · 2888 Loker Avenue E. # 217. Carlsbad CA 92010 pzabrocki@hwl-pe.com Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at building@carlsbadca.gov. Estimated Building Permit Valuation (BPV): $ $327,43o.oo D Residential □ New construction I 2A, 3A and 4A □ Alterations: □ BPV <!: $60,000 1A All residential alterations □ BPV <!: $60,000 1A and 4A 1-2 family dwellings and townhouses with attached garages □ Electrical service panel upgrade 4A only Multi-family dwellings only where interior finishes are removed □ BPV <!: $200,000 1A and 4A and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed [!] Nonresidential □ New construction J 1s, 2B, 3B, 4B and 5 lxl Alterations: P-30 Page 3 of? Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist IXl BPV ~ $200,000 or additions~ 1,000 1B, 5 square feet □ BPV ~ $1 ,000,000 1B, 2B and 5 Building alterations of~ 75% existing gross floor area D ~ 2,000 sq. ft. new roof addition 2B and 5 1B also applies if BPV ~ $200,000 Checkllst 1111m Check the appq,riae boxes, eicplaln al not aprJlcaJle and excepllon ... aid plOlt'ide awo,tilg calcuallons aid documer■tioo • l18CIISIIY· 1. Energy Efficiency Please refer to Carlsbad Ordinance No. CS-347 and the California Green Building Standards Code (CAL Green) for more information when completing this section. A D Residential addition or alteration =!: $60,000 building pennit valuation. See Ord. CS-347, Section 8. Year Built Single-family Requirements □ Before 1978 Select one: □ Duct sealing □ Attic insulation □ Cool roof □ 1978 and later Select one: □ Lighting package □ Water heating package □ Between 1978 and 1990 □ 1991 and later □ N/A _________ _ □ Exception: Home energy score ~ 7 ( attach certification) Multi-family Requirements □ Attic insulation Select one: □ Attic insulation □ Duct Sealing □ Cool roof Select one: □ Lighting package □ Water heating package B. K] Nonresidential* new construction or alterations=!: $200,000 building pennit valuation, or additions=!: 1,000 square feet □ N/A. _________ _ See CAL Green Appendix AS, Discussion A5.2, as amended in CS-347, Section 3. A5.203.1.1 .1 □ Outdoor lighting: .90 Allowed Outdoor Lighting Power ~ N/A See attached explanation sheet. A5.203.1.1.2 □ Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) ~ NIA See attached explanation sheet. A5.203.1.2.1 Choose one as applicable: □ .95 Energy budget IXI .90 Energy budget □ N/A See attached explanation sheet. A5.211.1 ... □ On-site renewable energy ~ NIA See attached explanation sheet, A5.211 .3** □ Green power (if offered by local utility provider, 50% minimum renewable sources) fxl N/A See attached explanation sheet. A5.212.1 □ Elevators and escalators [j N/A See attached explanation sheet. A5.213.1 ~ Steel framing □ NIA See attached explanation sheet. P-30 Page 4 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist • Includes hotels/motels and high-rise residential buildings ** For alterations~ $1,000,000 BPV and affecting> 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California Energy Code section 120.10 instead. 2. Photovoltaic Systems A. D Residential new construction (for building pennit applications submitted after 1/1/20). Refer to 2019 California Energy Code section 150.1(c) 14 for requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Carlsbad ordinance CS-348, increase system size by .3kWdc if PV offset option is selected. Floor Plan ID (use additional CFA #d.u. Calculated kWdc* sheets if necessary) Total System Size: kWdc = (CFAx.572) / 1,000 + (1 .15 x#d.u.) *Formula calculation where CFA = conditional floor area, #du= number of dwellings per plan type If proposed system size is less than calculated size, please explain. Exception D D D D kWdc B. D Nonresidential new construction or alterations ~$1,000,000 BPV and affecting ~75% existing floor area, or addition that increases roof area by ~2,000 square feel Please refer to Carlsbad Ordinance CS-347, Section 6 when completing this section. Choose one of the following methods: □ Gross Floor Area (GFA) Method GFA: □If< 10,000s.f. Enter: 5 kWdc Min. System Size: □ If~ 1 O,OOOs.f. calculate: 15 kWdc x (GFA/10,000) ** ___ kWdc **Round building size factor to nearest tenth, and round system size to nearest whole number. □ Time-Dependent Valuation Method Annual TDV Energy use:*** _____ _ x .80= Min. system size: ____ _ kWdc ***Attach calculation documentation using modeling software approved by the California Energy Commission. P-30 Page 5 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist 3. Water Heating A. D Residential and hotel/motel new construction Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section. □ For systems serving individual dwelling units choose one: □ Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential only) □ Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise residential hotel/motel) or 150.1 (c) 14 (for low-rise residential) □ Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification □ Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors □ Exception: □ For systems serving multiple dwelling units, install a central water-heating system with all of the following: □ Gas or propane water heating system □ Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential) □ Solar water heating system that is either: □ .60 solar savings fraction or 40 s.f. solar collectors □ .40 solar savings fraction, plus drain water heat recovery □ Exception: B. D Nonresidential new construction Please refer to Carlsbad Ordinance CS-347 when completing this section. □ Water heating system derives at least 40% of its energy from one of the following (attach documentation): □ Solar-thermal □ Photovoltaics □ Recovered energy □ Water heating system is (choose one): □ Heat pump water heater □ Electric resistance water heater(s) □ Solar water heating system with .40 solar savings fraction □ Exception: 4. Electric Vehicle Charging A D Residential New construction and major alterations* Please refer to Carlsbad Ordinance CS-349 when completing this section. □ One and two-family residential dwelling or townhouse with attached garage: □ One EVSE ready parking space required □ Exception : □ Multi-family residential· □ Exception · Total Parl<ing Spaces EVSE Spaces Proposed Capable I Ready I I I Calculations: Total EVSE spaces = .10 x Total parking (rounded up to nearest whole number) EVSE Installed = Total EVSE Spaces x .50 (rounded up to nearest whole number) EVSE other= Total EVSE spaces -EVSE Installed (EVSE other may be "Capable," "Ready" or "Installed.') P-30 Page 6 of 7 Installed I Total I Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist *Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation ~ $60,000 or include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit valuation ~ $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. B D Nonresidential new construction (includes hotels/motels) □ Exception · Total Parking Spaces EVSE Spaces Proposed Capable Ready Installed Total Calculation: Refer to the table below: Total Number of Parking Spaces provided Number of required EV Spaces □ 0-9 1 □ 10-25 2 □ 26-50 4 □ 51-75 6 □ 76-100 9 □ 101-150 12 □ 151-200 17 □ 201 and over 10 percent of total 5. !Kl Transportation Demand Management (TOM) A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use. B. Employee AOT/1,000 square feet is selected from the City of Carlsbad Employee AOT Table. Use GFA Employee AOT/1 ,000 S.F. Educafion Facilities, Other/Retail 7,040 8 (1st 1,000) / 4.5 If total employee AOT is greater than or equal to 110 employee AOT, a TOM plan is required. TOM is not required. Please see attached explanation sheet for backup calculations. Number of required EVSE Installed Spaces 1 1 2 3 5 6 9 50 percent of Required EV Spaces Total Employee AOT 36 Total 36 *NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P.11 requires new development that adds vehicle traffic to vehicle LOS-exempt street facilities to implement TOM and transportation system management strategies. Please consult with City of Carlsbad Land Development Engineering (LOE) staff to determine whether this policy applies to your project. TOM plan required: Yes □ No □ LOE Staff Verification: □-----(staff initials) P-30 Page 7 of? Revised 04/19 Hinfl. HOWES I WEILER I LANDY PLANNING & ENGINEERING City of Carlsbad Climate Action Plan Checklist Explanation Sheet 2032 Corte Del Nogal -Evolution Dance Studio The proposed project includes interior alterations for a proposed dance studio to the existing 2032 Corte Del Noga I building that would result in an estimated Building Permit Valuation (BPV) of over $200,000. Therefore, according to the CAP Consistency Checklist instructions, the CAP Ordinance Compliance Section, 1.B and 5 are applicable. See below for explanations related to the checklist items. 1. Energy Efficiency (B) Section Status Explanation A5.203.1.1.1 NA No new lighting is proposed. Outdoor lighting: .90 Allowed Outdoor Lighting Power A5.203.l.1.2 NA The proposed project is not a restaurant. Restaurant service water heating A5.203.1.2.1 Yes The proposed project would likely include .95 Energy budget .90 Energy budget alterations to existing indoor lighting and mechanical systems. Therefore, the building will have an Energy Budget that is no greater than 85 percent of the Title 24, Part 6, Energy Budget for the Standard Design Building as calculated by compliance software certified by the Energy Commission. A5.211.l NA The Applicant is proposing to occupy an existing On-site renewable energy building that does not currently have on-site renewable energy and it is not proposed A5.211.3 Pending Currently, the EcoChoice program through SDG&E Green power is at full capacity for Commercial Customers. The Applicant will enroll in the program when an account is established and be added to the waitlist. See attached statement from the SDG&E website. A5.212.l NA No elevators or escalators are proposed. Elevators and escalators A5.213.1 Yes If applicable, any steel framing will be designed for Steel framing maximum energy efficiency. tML HOWES I WEILER I LANDY PLANNING & ENGINEERING 5. Transportation Demand Management {TDM) A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use. USE GFA Employee ADT/1,000 S.F. Total Employee ADT Education Facilities, Other/Retail 7,040 8 (1st 1,000) / 4.5 36 2. First 1,000 sf= 8 ADT 3. 7,040 sf -1,00 sf = 6,040 sf 4. (6,040 sf/ 1,000 sf x 4.5) + 8 = 36 Employee ADT Since the total employee ADT is less than 110 employee ADT, a TDM plan is not required. Section 1B. AS.211.3 -Green Power Below is a frame grab from SDG&E's EcoChoice website. As previously stated the Applicant will put company on the waitlist once they are able to create an account for the project location {2032 Corte Del Nagai). EcoChoice is a Cool Alternative to Solar Energy You can now qet up to 100% of your energy from renewable sou1ces, even II you don't own you, own home or can't Install solar panels on your root. WIiii lcoCholce••, you can get up to 100% of your energy r,om clean 01 renewable sources every month. Special Notice for Commercial Customers Only EcoCholce has reached its enrollment capacity for commercial customers only. If you're a commercial customer Interested In enrolling, complete an application and you'll be added to our waltllst. We'll contact you once space Is available. The program Is still available for residential customers. Enroll Now How It Works You sign up to have from 50% to 100% ot your electricity come from renewable sources. What you pay depends on the amount you select for each month. A Residential customer, opting tor 100% renewable energy, using an average of 500 kWh a month, saves around $2.50 a month. Get an estimate or your potential costs. When you enroll, we buy renewable energy from generating racllltles bulll speclrlcally for EcoCholce. Your participation helps support additional renewable energy facllitles: The mo,e renewable energy you buy the more renewable generation we can build. Renewable energy facllltles take lime to bulld, so a temporary pool of sofa, racllilles wlll be used until new renewable energy generating tacllltles come onllne. {"city of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov E-34 I INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual}. To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. PROJECT INFORMATION PROJECT NAME: Evolution Dance Center PROJECT ID: ADDRESS: 2032 Corte Del Nogal, Carlsbad CA 92011 APN: 213-061-33 The project is (check one): D New Development !Kl Redevelopment The total proposed disturbed area is: 0 ft2 ( 0 ) acres The total proposed newly created and/or replaced impervious area is: 0 ft2 ( 0 ) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID Then, go to Step 1 and follow the instructions. application to the city. E-34 SWQMP#: When completed, sign the form at the end and submit this with your Page 1 of 4 E JUL 0 1 zo,9 OF CARLSBAD ~~NN\NG D\ J\S\0 I REV 02/16 STEP1 TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building 1K] □ or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): The project includes only interior remodels within an existing building. If you answered "no" to the above question, the project is a 'development project', go to Step 2. STEP2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; □ □ b) Designed and constructed to be hydraulically disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets ouidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ □ accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ □ If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark the second box stating "my project is EXEMPT from PDP ... " and complete applicant information. Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If vou answered "no" to the above questions, your project is not exempt from PDP, go to Step 3. E-34 Page 2 of 4 REV 04/17 STEP3 TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)): YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ □ and public development projects on public or private land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or □ □ more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and □ □ refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside □ □ development project includes development on any natural slope that is twenty-five percent or greater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is □ □ a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious street, road, highway, freeway or driveway surface collectively over the entire project □ □ site? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of □ □ 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ □ shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ □ RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per day. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ □ and are expected to generate pollutants post construction? 11 . Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC □ □ 21 .203.040) If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second box statinq "Mv project is a 'STANDARD PROJECT' ... " and complete aoolicant information. E-34 Page 3 of 4 REV 04/17 STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = sq. ft. □ □ Total proposed newly created or replaced impervious area (B) = sq. ft. Percent impervious area created or replaced (B/A)*100 = % If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered ·no," the structural BM P's required for PDP apply to the entire development. Go to step 5, check the check the first box statina "Mv project is a PDP ... " and complete aoolicant information. STEPS CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION D My project Is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. 0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36' and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. 1K] My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: Lisa Esposito Applicant Title: Owner· Applicant Signature: ~ fAf2o.S~ Date: (a/1-1) I~ .. .. • Environmentally Sensitive Areas include but are not ltmited to all Clean Water Act Section 303(d) 1mpa1red water bodies, areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. This Box for Ci YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page4 of4 REV04/17 ~Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 Issuing Policies of Chicago Title Insurance Company ORDERNO.: 00107200-004-DD-TVA Chicago Title Company 701 B Street, Suite 1120 San Diego, CA 92101 ATTN: Della DuCharme Email: della.ducharme@ctt.com Escrow/Customer Phone: (619) 233-3000 Title Officer: Ken Cyr & Mark Franklin Title Officer Phone: (619) 521-3673 Title Officer Fax: (619) 521-3608 Title Officer Email: TeamCyrFranklin@ctt.com PROPERTY: 2032 CORTE DEL NOGAL, SUITE 120, CARLSBAD, CA 92011 PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago 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 &clusions 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 of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability 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 Chicago Title Insurance Company, a Florida corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report care/ ully. 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. Chicago Title Company ~ By:--~----- Authorized Signature REC~I E JUL O ~ 20\9 rffY OF CARLSBAD PLANN\NG DIVISION CL TA Preliminary Report Form -Modified (11/17 /06) By A!te5l Page 1 ~Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 PRELIMINARY REPORT EFFECTIVE DATE: April 3, 2019 at 7:30 a.m. ORDER NO.: 00107200-004-DD-TV A The form of policy or policies of title insurance contemplated by this report is: ALTA Standard Owner's Policy (6-17-06) ALTA Extended Loan Policy (6-17-06) ALTA Standard Loan Policy (6-17-06) 1. THE ESTA TE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY TIIlS REPORT IS: A Fee as to Parcel(s) A Easement(s) more fully described below as to Parcel(s) B 2. TITLE TO SAID ESTA TE OR INTEREST AT THE DA TE HEREOF IS VESTED IN: OGLETHORPE PROPERTIES LLC, a California limited liability company 3. THE LAND REFERRED TO IN TIIlS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA Preliminary Report Form -Modified (11/17/06) Page 2 PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT "A" LEGAL DESCRIPTION .. Chicago Title Company ORDER NO.: 00107200-004-DD-TV A THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: LOT 5 OF CITY OF CARLSBAD CT 03-08, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP NO. 14829 FILED IN THE OFFICE OF THE COUNTY RECORDER FOR SAN DIEGO COUNTY ON JUNE 25, 2004. PARCELB: AN EASEMENT FOR PRIVATE ACCESS, PARKING AND PRIVATE UTILITIES OVER, UNDER ALONG AND ACROSS LOT 6 OF CITY OF CARLSBAD CT 03-08, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP NO. 14829 FILED IN THE OFFICE OF THE COUNTY RECORDER FOR SAN DIEGO COUNTY ON JUNE 25, 2004, SHOWN AS AN EASEMENT RESERVATION ON THE SUBDIVISION MAP. APN: 213-061-33-00 CL TA Preliminary Report Form -Modified (I 1/17 /06) Page3 PRELIMINARY REPORT YOUR REFERENCE: C EXCEPTIONS Chicago Title Company ORDER NO.: 00107200-004-DD-TV A AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property truces, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2019-2020. B. The lien of supplemental or escaped assessments of property truces, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. Covenants, conditions and 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, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: Recording No: October 01, 1974 263897, 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. Modification( s) of said covenants, conditions and restrictions Recording Date: Recording No: Recording Date: Recording No: Recording Date: Recording No: December 31, 1974 337587, Official Records June 1, 1977 77-212678, Official Records June 27, 1977 77-252979, Official Records 2. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric Company Public utilities August 10, 1981 81-252845, Official Records Lot6 3. Matters contained in that certain document Entitled: Recording Date: Recording No: Planned Industrial Permit No. 02-03 October 18, 2002 2002-0913317, Official Records Reference is hereby made to said document for full particulars. CL TA Preliminary Report Form -Modified ( 11/17 /06) Page4 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00107200-004-DD-TV A EXCEPTIONS (Continued) 4. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Concerning Aircraft Environmental Impacts Case No.: PIP 02-03 February 10, 2003 2003-0153037. Official Records Reference is hereby made to said document for full particulars. 5. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Purpose: Recording Date: Recording No: Affects: City of Carlsbad, a municipal corporation Public utilities February 10, 2003 2003-0153073. Official Records Lot6 6. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Purpose: Recording Date: Recording No: Affects: City of Carlsbad, a municipal corporation Sidewalk February 10, 2003 2003-0153074. Official Records Lot6 7. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Purpose: Recording Date: Recording No: Affects: City of Carlsbad, a municipal corporation Public utilities February 10, 2003 2003-0153075, Official Records Lot6 8. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: · In favor of: Carlsbad Water District, a public agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad Purpose: Waterline Recording Date: February 10, 2003 Recording No: 2003-0153076. Official Records Affects: Lot6 9. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric Company, a corporation Public utilities November 3, 2003 2003-1333393. Official Records Said land The exact location and extent of said easement is not disclosed of record. CL TA Preliminary Report Form -Modified ( 11/17 /06) Page5 PRELIMINARY REPORT YOUR REFERENCE: C EXCEPTIONS (Continued) 0 Chicago Title Company ORDER NO.: 00107200-004-DD-TV A 10. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said Subdivision Map No. 14829; Purpose: Sidewalk Affects: A portion of Lot 6 l l. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by said map. Affects: Camino Vida Roble and Corte Del Nogal 12. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said Subdivision Map No. 14829; Purpose: Affects: Private access, parking and private utilities Lot6 13. Matters contained in that certain document Entitled: Recording Date: Recording No: Tentative Map No. 03-P8 and Planned Development Permit No. 03-05 May 27,2004 20040493897, Official Records Reference is hereby made to said document for full particulars. 14. Covenants, conditions and 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, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: July 9, 2004 Recording No: 2004-0640067, 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. Modification(s) of said covenants, conditions and restrictions Recording Date: Recording No: December 7, 2004 2004-1152726, Official Records CL TA Preliminary Report Form -Modified (I 1/l 7 /06) Page6 j PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00107200-004-DD-TV A EXCEPTIONS (Continued) 15. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor Trustee: Beneficiary: Recording Date: Recording No: $780,000.00 September 9, 2004 Oglethorpe Properties LLC, a California limited liability company Stewart Title Company CDC Small Business Finance September 10, 2004 2004-0865883, Official Records An assignment of the beneficial interest under said deed of trust which names:. Assignee: Recording Date: Recording No: United States Small Business Administration September 10, 2004 2004-0865884, Official Records 16. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No: Subordination Agreement Oglethorpe Properties LLC European Business Development Group, a California corporation September 10, 2004 2004-0865886, Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. An agreement recorded September 10, 2004 as Instrument No. 2004-0865886, Official Records which states that said lease has been made subordinate to the document Entitled: Recording Date: Recording No: Deed of Trust December 10, 2004 2004-0865883, Official Records 17. Water rights, claims or title to water, whether or not disclosed by the public records. 18. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 19. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The 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. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. CL TA Preliminary Report Form -Modified (11/17 /06) Page7 PRELIMINARY REPORT YOUR REFERENCE: C EXCEPTIONS (Continued) END OF EXCEPTIONS CLTA Preliminary Report Form -Modified (11/17/06) 0 Chicago Title Company ORDERNO.: 00107200-004-DD-TVA Page8 PRELIMINARY REPORT YOUR REFERENCE: REQUIREMENTS SECTION ' ... Chicago Title Company ORDER NO.: 00107200-004-DD-TV A 1. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: OGLETHORPE PROPERTIES LLC, a California limited liability company a) A copy of its operating agreement, if any, and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps. c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member. d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity is currently domiciled. e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. f) If Limited Liability Company is a Single Member Entity, a Statement of Information for the Single Member will be required. g) Each member and manager of the LLC without an Operating Agreement must execute in the presence of a notary public the Certificate of California LLC (Without an Operating Agreement) Status and Authority form. 2. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance by the corporation named below: Name of Corporation: Apptech Corp. (Buyer) a) A Copy of the corporation By-laws and Articles oflncorporation b) An original or certified copy of a resolution authorizing the transaction contemplated herein c) If the Articles and/or By-laws require approval by a 'parent' organization, a copy of the Articles and By- laws of the parent The Company reserves the right to add additional items or make further requirements after review of the requested documentation. END OF REQUIREMENTS CLTA Preliminary Report Form-Modified (11/17/06) Page 9 PRELIMINARY REPORT YOUR REFERENCE: C 0 INFORMATIONAL NOTES SECTION Chicago Title Company ORDER NO.: 00107200-004-DD-TV A I. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Exemption: Code Area: 213-061-33-00 2018-2019 $9,922.30 $9,922.3Q $0.00 09018 2. None of the items shown in this report will cause the Company to decline to attach ALTA Endorsement Form 9 to an Extended Coverage Loan Policy, when issued. 3. The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land Commercial properties, known as 2032 Corte Del Noga), Suite 120, located within the city of Carlsbad, California, 92011, to an Extended Coverage Loan Policy. 4. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 5. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 6. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. 7. Due to the special requirements of SB 50 (California Public Resources Code Section 8560 et seq.), any transaction that includes the conveyance of title by an agency of the United States must be approved in advance by the Company's State Counsel, Regional Counsel, or one of their designees. END OF INFORMATIONAL NOTES Ken Cyr & Mark Franklin/rp CLTA Preliminary Report Form -Modified (11/17 /06) Page 10