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HomeMy WebLinkAbout2013-10-02; Planning Commission; ; CUP 13-06 - SAN DIEGO PREMIER TRAINING The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: July 17, 2013 P.C. AGENDA OF: October 2, 2013 Project Planner: Chris Garcia Project Engineer: David Rick SUBJECT: CUP 13-06 – SAN DIEGO PREMIER TRAINING – Request for a Conditional Use Permit to allow San Diego Premier Training to operate a specialty fitness gym in a vacant 4,312 square foot suite located within an existing office/industrial building on property located at 6451 El Camino Real, in the P-M Zone and in Local Facilities Management Zone 5. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301, “Existing Facilities,” of the State CEQA Guidelines and will not have any adverse significant impact on the environment. A Notice of Exemption shall be filed with the County Clerk upon approval of this project. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7014 APPROVING CUP 13- 06 for a period of 10 years, based upon the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND This application is a request for a Conditional Use Permit to allow a specialty fitness gym to operate in a vacant 4,312 square foot suite (Suite B-2) within an existing office/industrial building on property located at 6451 El Camino Real, in the P-M Zone. Only minor tenant improvements are proposed for this project and there are no proposed improvements to the exterior of the building. The General Plan Land Use designation for the site is Planned Industrial (PI) and the Zoning designation for the site is Planned Industrial (P-M). The building consists of a mix of office and industrial, with some vacant space. San Diego Premier Fitness is currently operating at 6994 El Camino Real (approximately 1 mile south of this proposed location) and would relocate from that location to this larger space. According to the applicant, it is anticipated that the gym will be in operation from 5am – 8pm Monday – Saturday, with occasional clients on Sundays and be operated on an appointment schedule. No walk-in gym operation is proposed and each trainer (maximum of 4) will work independently with an individual, small group of 4 or less or larger groups up to 10 people at any given time. The average maximum number of clients at peak hours of operation is 12. Please see Attachment 4 for further information on the operation of the gym. Table A below includes the General Plan designations, zoning and current land uses of the project site and surrounding properties. 1 0 CUP 13-06 – SAN DIEGO PREMIER TRAINING October 2, 2013 Page2 TABLE A – GENERAL PLAN, ZONING AND LAND USE Location General Plan Designation Zoning Current Land Use Site Planned Industrial – PI Planned Industrial – PM Office, Manufacturing, Warehousing, Vacant North Planned Industrial – PI Planned Industrial – PM Office, Manufacturing, Warehousing, Vacant South Residential Medium Density – RM Residential Density Multiple; Qualified Development Overlay – RD-M-Q Apartments/El Camino Real East Residential Low-Medium Density – RLM Exclusive Agriculture; Qualified Development Overlay – E-A-Q El Camino Real/Vacant land West Planned Industrial – PI Planned Industrial – PM Office, Manufacturing, Warehousing, Vacant III. ANALYSIS The proposed project is subject to the following plans, ordinances, standards, and policies: A. Planned Industrial (PI) General Plan Land Use Designation; B. Planned Industrial (P-M) Zone (C.M.C. Chapter 21.34); C. Parking Ordinance (C.M.C. Chapter 21.44); D. Conditional Use Permit Regulations (C.M.C. Chapter 21.42); and E. Growth Management Ordinance (C.M.C. Chapter 21.90). The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable regulations and policies. The project’s compliance with each of the above regulations is discussed in the sections below. A. General Plan Compliance (Planned Industrial Land Use Designation) The site has a General Plan Land Use designation of Planned Industrial (PI) and the project complies with the General Plan. Carlsbad General Plan Land Use Element, Industrial Implementing Policy C.9, states the following: “Include provisions in the Planned Industrial (P-M) zone for ancillary commercial/retail, office, places of worship, recreational, and other service uses. These include, but are not limited to, commercial/retail services which are accessory to the primary use, conference facilities, churches, daycare centers, recreational facilities, educational facilities and short-term lodging”. Gyms are considered recreational facilities and are allowed by a Conditional Use Permit (CUP) in the Planned Industrial zone. The project site is located within one of the city’s large industrial areas and is in close proximity to the Bressi Ranch, La Costa Greens and Aviara residential developments. The project location makes it convenient for employees of the surrounding office parks to access the facility. B. Planned Industrial (P-M) Zone (C.M.C. Chapter 21.34) The proposed project site is zoned Planned Industrial (P-M) and is therefore subject to the provisions of Chapter 21.34 of the Zoning Ordinance. Gyms are permitted in the P-M Zone subject to approval of a CUP 13-06 – SAN DIEGO PREMIER TRAINING October 2, 2013 Page3 Conditional Use Permit. The proposed specialty fitness gym will occupy existing suites and does not propose any additions or exterior improvements to the existing building. Parking compliance is discussed in section C below. C. Parking Ordinance (C.M.C. Chapter 21.44) The parking lot for the project site has 148 parking spaces, or 1 space per 245 square feet of building space. Based upon the required parking ratio of 1 parking space per 200 square feet for a gym, the use requires 22 parking spaces. The remaining building occupancy is comprised of 6,802 square feet of office use (1 space per 250 square feet) and approximately 13,606 square feet of manufacturing (1 space per 400 square feet) and 13,606 square feet of warehouse (1 space per 1,000 square feet). All of the uses together, including the gym, require a total of 99 spaces. Therefore, there will be a surplus of 49 parking spaces. Future tenant improvements and/or new uses proposed for vacant suites on the site will be evaluated for parking compliance prior to issuance of a building permit or business license. D. Conditional Use Permit Regulations (C.M.C. Chapter 21.42) The proposed project is a use which is allowed in the Planned Industrial Zone (P-M) subject to the approval of a CUP. Chapter 21.42 of the Carlsbad Municipal Code requires that four findings be made in order to approve a conditional use permit. All of these findings can be made for this project as discussed below: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that the proposed specialty fitness gym use will provide specialty health club services in close proximity to the employees of the businesses within the surrounding P-M Zone as well as the residents of the nearby Bressi Ranch, La Costa Greens and Aviara communities. The business currently exists approximately one mile south of the proposed site and would be relocating into a larger space. Furthermore, per Industrial Implementing Policy C.9 of the General Plan Land Use Element, gyms are a compatible land use in the PI land use designation and are conditionally permitted in the implementing P-M zone. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the proposed specialty fitness gym is compatible with the surrounding office/industrial park and residential uses and the proposed use will provide adequate parking that is consistent with the city’s parking requirements. The existing site has been designed to accommodate all required parking on-site and provides for adequate traffic circulation. Furthermore the specialty fitness gym is proposed to be located within an existing building and only tenant improvements to the interior are required for the use. 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the City Planner, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the specialty fitness gym will occupy 4,312 square feet of an existing building with existing onsite landscaping and requires no site alterations or additional amenities. Furthermore, the project complies with all of the required development standards of the P-M CUP 13-06 – SAN DIEGO PREMIER TRAINING October 2, 2013 Page4 Zone and the proposed 4,312 square foot space is adequate in size and shape to accommodate the proposed specialty fitness gym operations, as shown on Exhibits “A – C.” The specialty fitness gym requires 22 parking spaces. Including the gym use, the property has an excess of 49 parking spaces for all existing uses and therefore meets all parking requirements. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the project is provided access from El Camino Real, a prime arterial street which is currently operating at an acceptable level of service. The 129 average daily trips associated with this proposed specialty fitness gym can be accommodated by the existing street system. E. Growth Management Ordinance (C.M.C. Chapter 21.90) The proposed project is located within Local Facilities Management Zone 5 in the southwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table B below: TABLE B – GROWTH MANAGEMENT STANDARD IMPACTS COMPLIANCE? City Administration N/A N/A Library N/A N/A Waste Water Treatment 2.4 EDU Yes Parks N/A N/A Drainage N/A N/A Circulation 129 ADT Yes Fire Station No. 2 Yes Open Space N/A N/A Schools N/A N/A Sewer Collection System 2.4 EDU Yes Water 528 GPD Yes IV. ENVIRONMENTAL REVIEW The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301, “Existing Facilities,” of the State CEQA Guidelines and will not have any adverse significant impact on the environment. A Notice of Exemption shall be filed with the County Clerk upon approval of this project. ATTACHMENTS: 1. Planning Commission Resolution No. 7014 2. Location Map 3. Disclosure Statement 4. Applicant Letter Dated July 8, 2013 5. Reduced Exhibits 6. Exhibits “A” – “C” dated October 2, 2013 EL C A M I N O R E A L JA S P E R W Y TIL I A P L CAMINO VIDA ROBLE OLEA LN LAS PALMAS DR N IC OLIA D R TOBRIA TERRACE CINNABAR WY COPPER W Y TECOMA PL YARROW DR TRON A W Y CUP 13-06San Diego Premier Training SITE MAP J SITE EL CAMINO R E A L LA COSTA AV ALGA RD C A R L S B A D B L -·---------------------------------- ~ ; ... ·.~ ~"' '~ ~ CITY Of DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 163S Faraday Avenue (760} 602-4610 www.carlsbadca.gov CARLSBAD Applicant's statement or disclosure of certain ownership interests on all applications which will raq uire discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, fbm, CG-partnenmlp, joint venture, association, soelaf olub, fraternal organization, oorporatlon, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other polltical subdivision or any other group or combination acting as a unil • Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 2. 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 lndlvlduals owning more than 10% of the shares. tF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA} IN THE SPACE BELOW. If a publicfy-owngg gorporation. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person /V\E',((t;; ~-f.lt:fZ Corp/Part ________ _ Title Ow /JfR Title __________ _ Address °l~i ~ A~£. t>~ Address 7.1\N MAf?Cc1.S.J CA 9Z.0?;!;1 --------- OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of & 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 (N/A) IN THE SPACE BELOW. If a publicly~owned corporatjoo, indude the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) ~ Person N /A Corp/Part l=J f >:: :1,al~ r\<i 0\ 1 L :f. ) .... Titte_________ Title 0 '1le\AA'::'f-r(.. \rAMkt 0,.Atct>)\tf L.-t c.~,,t {r't;,f~ .,... _ t n n Address________ Addf"GSI' 'Gd\ ~v)ict,.J IC,(u-\~ t ~v)\ h P-1{A) 0, f!v,t._, la~l CO(fl'C ~'~- 318 >J. XP" \ vtAtA. B\~ 1 )J ,k 710 Page1 of2 f\ $,qv"\I\Ju I cAqot.~7110 3. NON~PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or {2) above ls a nonprofit organization or a trust, list the names and addresses of atn: 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 (L'J,No If yes, please Indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. that all the above information is true and correct:~•· Signature of applicant/date type name of owner Print or type name of appHcant Print or type name of owner/applicant's agent P-1(A) Page2 of2 Revised 07110 To Whom It May Concern: RECEIVED JUL O 8 2013 CITY OF CARLSBAD PLANNING DIVISION 11 San Diego Premier Training is a private personal training studio that has been in business for the past 5 years located at 6994 El Camino Real, Ste 109 in Carlsbad. Over that time we have grown substantially and can no longer serve our clientele in our current space. Most local residents who are searching for fitness coaching are intimidated by large gyms and cannot get the service and attention they need. We cater to that need by providing a more intimate environment to accommodate all of their needs and wishes. We like to consider our studio more ofa concierge fitness facility. We are your one stop shop! Our business is one of a kind and there is no equal training facility in the area. Our staff is comprised of very talented and experienced fitness professionals that have been in the industry longer than most. We offer a community for our patrons to receive a personalized fitness schedule and a nutritional program customized to their specific needs. We offer private training, semi -private training, and small group training. Our semi-private sessions consist of at least 2 to no more than 4 clients working with one trainer at a time, while our group training involves 5-10 clients max working at the same time. The majority of our business is private one-on-one training with a few group and semi private session throughout the week. We are not a typical gym working with open schedules and freedom to come and go as members want. And therefore we do not have a constant loud workout environment. We currently work with youth clients, elder clients, and everything in between. We are the training facility for a number of professional as well as recreational athletes. Our services also include sport and personal rehabilitation and manual therapy for individuals recovering from injuries, physical conditions, or other orthopedic issues. This is actually one of our primary reasons for the expansion. We have reached a point where we would like to incorporate more therapy into our programs. Our hours of operation are by appointment only. Prime time for us however, is typically with clients before work (S-9am) and after work (4-7pm). During these busy hours we usually have about 4 staff members present with a total of 10-12 clients. We do hold sessions throughout the day, but it is minimal. Our sessions are 45 minutes long so no one is at our facility, besides staff, for more than 1 hour. The rest of our day requires 2-3 staff members and 4-6 customers. The max number of parking spaces we would require would be about 15. In the 5 years we have been around we have never had a complaint from neighboring businesses in any way. We are currently located next to a dentist office and a travel agent where we commonly refer clients back and forth. We strongly understand the importance of working with our neighbors so that we do not affect anyone's business or patrons and can continue to grow a positive presence in the Carlsbad community. Sincerely, Michael Deibler San Diego Premier Training 6994 El Camino Real Ste 109, Carlsbad, CA 92009 (760) 268-1023 www.SanDiegoPremierTraining.com COMMONWEAL TH LAND TITLE INSURANCE COMPANY COMMITMENT NO. 04750810-SCHEDULE B Numbers correspond with Schedule B exception items contained in the <Dove referenced T!Ue Commitment. 1. The privilege md right to extend droiioge structures and excavation md embmkment slopes beyond the limits of El Camino Real, where required for the construction and maintenance of said public highway as contained in the deed Recorded: Morch 12, 1970 as File Nos. 44690 and 44691. both of Officid Recorda AFFECTS SUB.ECT PROPERTY -DOCUMENT CONTAINS NO PLOTTABLE MmS AND BOUNDS DESCRIP]a,JS OF ANY EASEMENTS. 3. An easement for the purpose shown below and rights incidental thereto os set forth in o document Granted to: Sm Marcos County Water District Purpose: sewer pipelines Recorded: March 28. 1969 as Instrument No. 54499 of Official Records Affects: a portion of Lot 3 as shown on mq> No. 9389 Said easement contains restrictions on the use, by the owners of said land, of the easement area oe set out in said easement document AFFECTS SUB..ECT PROPERTY -PLOTTED AND SHOWN HEREON 4. An easement far the purposes shown below and rights ilcidental thereto as shown or as offered for dedication on the recorded mop of soid tract. Purpose: 15' sewer easement Affects: as shown on m~ 9389 AFFECTS SUB.ECT PROPERTY -PLOT]ED AND SHOWN HEREON 5. Covenants, conditions and restrictions as set forth i, the document Recorded: October 1. 1974 as Instrument No. 74-263897 of Official Records This exception omits any covenant, condition or restriction based on race. color, religion, sex, handicap, familial status or notional origin, unless and only to the erlent that the covenant, condition or restriction (a) is not in violation of state or federal low, (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. Soid covenants, cancfitions and restrictions provide that a vlolatlon thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said instrument also provides for the levy of assessments, the liens of which ore stated to be subordinate to the lien of any mortgage or deed of trust made in good faith and for -.due. Modiflcotion(s) of said covenants, conditions and restrictions Recorded: December 31, 1974 as Instrument No. 74-337587; Jme 1, 19TT as Instrument No. 77-212678; and June 27, 1977 as Instrument No. 77-252978 and 77-252979 all of Official Records AFFECTS SUB.ECT PROPERTY -CONTAINS NO PLOTTABLE SURVEY ITEMS 6. The fact that the ownership of said land does not include rights of access to or from the street or highway m>utting said land known El Camino Real such rights having been relinquished by the m~ of said Tract. Affects: As shown on said m~. Excluding from said Relinquishment that portion described in that certain Corporation Quitdoim Deed, dated August 8, 1979 and recorded August 10, 1979 as File No. 79-336492 of Official Records and as shown on said Mop No. 9389. AFFECTS SUB.ECT PROPERTY -PLOTTED AND SHOWN HEREON 7. An easement for the purposes shown below and rights ilcidental thereto as shown or as offered for dedication on the recorded map of said troct. Purpose: slope Affects: adjacent to El Camino Real AFFECTS SUB.ECT PROPERTY -PLOTTED AND SHOWN HEREON 8. An easement for the purposes shown below and rights ilcidentol thereto os shown or as offered for dedication on the recorded mop of sold tract. Purpose: 15' storm drain Affects: as shown on Map 9389 AFFECTS SUB.ECT PROPERTY -PLOTTED AND SHOWN HEREON 9. An easement for the purpose shown below md rights incldentol thereto as set forth !n a document Granted to: Don Diego Gos & Electric Company Purpose: poles and wires Recorded: November 14, 1979 as Instrument No. 479728 of Official Records Affects: described as follows: Those portions of Lots 3 and 5 and lying adj]cent to contiguous with and 8.00 feet Southwesterly and Southerly of the Scuthwesterly and Southerly llne of the •15' sewer easement to City of Corlsbod" as shown and delineated on sold Mop No. 9389. Said easement contains restrictions on the use, by the owners of said land, of the easement O"eo os set out in said eoeement document AFFECTS SUB.ECT PROPERTY -PLOTTED AND SHOWN HEREON 10. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: the Pacific Telephone and Telegraph Company Purpose: communication structures Recorded: April 10, 1980 as Instrument No. 80-122523, of Official Records Affects: described as follows: A str" of land 5.00 feet in width in said property lyi,g 2.50 feet on either side of the oligrrnent of the facffities installed hereunder, excepting therefrom those portions of said property occupied by bund'ngs, swimming pools, carports and/or garages. Said easement contains restrictions on the use, by the owners of said land, of the easement o-eo as set out in said easement document AFFECTS SUB.ECT PROPERTY -PLOT]ED AND SHOWN HEREON 11. An easement for the purpose shown below and rights lncldentol thereto as set forth In o document Granted to: Sm Diego Gos & Electric Company Purpose: poles and wires Recorded: July 14, 1980 os Instrument No. 80--219989 of Official Records Affects: described OS follows: A str" of land six feet or more in width, being three feet meowred at right CJ1gles, on each side of eoc:h and every electric utility focOity Installed within the afore descrbed lands. Said easement contains restrictions on the use, by the owners of said land, of the easement a:eo os set out in said easement document AFFECTS SUB.ECT PROPERTY -PLOTTED AND SHOWN HEREON 12. An easement for the purpose shown below and rights incidental thereto cs set forth in a document Granted to: Sm Diego Gos & Electric Company Purpose: public utilities. ingress and egress Recorded: August 2a 1984 as Instrument No. 84-327708, of Official Records Affects: described as follows: A strip of land, Including all of the area l)tlg between the exterior sidelines, which sldellnes shall be three (3) feet, meosored at riglt angles, on each exterior side of each and every foclllty Installed within sold property oo or before August 31, 1985. Said easement contains restrictions on the use, by the owners of said land, of the easement enc os set out in 90id easement document AFFECTS SUB.ECT PROPERTY -PLOTTED AND SHOWN HEREON 1J. An easement for the purpose shown below and rights incidental thereto cs set forth in a document Granted to: Pacific Bell Purpose: public utilities, ingress and egress Recorded: February 21, 1985 as Instrument No. 85-057571 of Official Records Affects: described as follows: Strips of land five (5.00) feet In width In sold Lot 2, lylng two and one-half {2.50) feet on each side of the ollgnment of the focllltles Installed hereooder; Excepting therefrom those portions of said property occupied by buld"11gs. Said easement contains restrictions on the use, by the owners of said land, of the easement enc os set out in said easement document AFFECTS SUB.ECT PROPERTY -PLOTTED AND SHOWN HEREON 14. A document aubject to 01 terma, provisiona and conditions therein contoiled. Entitled: A(J'Bement Doted: August 30, 1985 By and between: Palomar Airport Office Pork, Ltd., o California Limited Portnll'ship; The City of Carlsbad; and Costa Real Municipal Water District Recorded: Auguat 22, 1985 os Instrument No. 85-304276 of Official Records Reference is mode to said document for full porticulors.rpo Said matter affects Lot 2 AFFECTS SUB.ECT PROPERTY -BLANKET IN NA WRE TO LOT 2 15. A document subject lo 01 the terms, provisioos and conditions therein contained. Entitled: ~eement Doted: Morch l 1986 By and between: The City of Corl!bod, CaliforT1io, a Municipal Corporation, and Polomll' Airport Office PIii<, Ltd, a California Limited Partnership Recorded: April 4, 1986 os Instrument No. 86-131228 of Official Recmls Reference is mode to said doa.iment for full particulars Said matter affects Lot 2 AFFECTS SUB.ECT PROPERTY -CONTAINS NO PLOTTABLE ITEMS 16. A document subject to 01 the terms, provisions and conditions therein contained. Entitled: Acyeement Doted: Moy 1, 19fl6 By and between: The City of Corl!bod, ColiforT1io, a Municipal Corporation, and Palomll' Airport Office PIii<, Ltd, a California Limited Partnership Recorded: Moy 20, 1986 as Instrument No. 86-199645 of Official Records Reference rs mode to sold doa.iment for full portlculors Soid matter affects Lot 2 AFFECTS SUB.ECT PROPERTY -CONTAINS NO PLOTTABLE ITEMS 17. An easement for the purpose shown below and rights Incidental thereto cs reserved In o document Purpose: common area and common utility uses Recorded: December 1, 1988 as Instrument No. 88-613586 of Official Records Affects: a portion of said land described in said document AFFECTS SUB.ECT PROPERTY -BLANKET IN NAWRE TO LOT 2 At() PARCEL A OF PARCEL MAP 10061 (SHOWN AS THE NORTHERLY AD.DNINC LOT) 18. A document subject to 01 the terms, provisions and conditions therein contained. Entitled: ~ement regarding Access Easement Doted: October 9, 1996 By and between: Wells Fargo Bmk, NA, os Trustee of The Harold F. Hutton Trust and Micro-Probe Properties, LLC, a Colifornio limited lictiDity company Recorded: October 16, 1996 os Instrument No. 1996-0525246, of Official Records Reference is mode to said doa.iment for full particulars. AFFECTS SUB.ECT PROPERTY -PLOTTED AND SHOWN HEREON 19. A document subject to 01 the terms, provisioos and conditions therein contained. Entitled: Vallec:itos Water District Encroachment Permit Doted: October 26, 1996 By and between: The Vollecitos Water District, orgmized and existing pursuant to the Ca.inly Water District Low, California Water Code #30000 et seq. and Well Ferge Bonk, as Trustee Recorded: October 25, 1996 as Instrument No. 1996-0542588 of Offlclal Records Reference is mode to said document for full particulars AFFECTS SUB.ECT PROPERTY -PLOTTED AND SHOWN HEREON 30. Any rights, interest, or clcims which may exist or arise by reo:!lon of the following facts shown on a survey plot Entitled: ALTA/ACS~ Land Title Survey Doted: J,me 8, 2005 Prepared by:: Millman Surveying, Inc. The fact that a wall encroaches onto on easement recmled August 238, 1984 as Instrument No. 84--327708 of Offlclal Records. AFFECTS THE SUBJECT PROPERTY -HOWEVER IS NOT CONSIDERED AN ENCROACHMENT. DUE TO THE FACT THAT THE EASEMENT IS NON-EXCLUSIVE. MISCELLANEOUS NOTES 1. -There Is direct access to the Subject Property via El Camino Real and Camino Vida Roble, both being dedicated public right of ways. 2. -The current zoning classification ollows for the current use of the subject property to be used for office, manufacturing, warehousing and industrial uses. ~ .o~-....--:::: ~- 3. -The locations of utilities shown on the survey ore from visible evidence. 4. There is no posted address on site. 5. At the time of this survey there was no observable evidence of earth moving work, building construction, or building additions within recent months. 6. -The Property described and shown herein is the same property described in the Commonwealth Land Title Company Title Commitment No. 04750810 doted July 11. 2005. BASIS OF BEARINGS The meridian for all bearings shown hereon is the Northeasterly Right-of-Way line of El Camino Real known as being, S 37"03'30" W, per Map No. 9389. ENCROACHMENTS At the time of survey there were no visible encroachments onto or beyond the Subject Property. ZONING Zoning Classification -P-M (Planned Industrial) Building Setbacks: Front: 50' -Side: 10' -Reor. 20' Parking Setbacks -None Parking Ratio - 1 space per 250 square feet of gross floor area Height Restriction: 35" / 3 levels FLOOD ZONE By scaled mop location and graphic plotting only, the subject property op pears to lie entirely in Zone X (Areas determined to be outside 500-yeor flood) according to the Flood Insurance Rate Mop for the County of Son Diego, Community Panel No. 06073C1032F, Effective Dote June 19, 1997. !PARCELC:I _-ffe531.00' IT L=/59.58' Tan=B0.40' IJ=17'13Vr "' ~ ~ ,,_ Nl0'26'34"E ~-, ~ .... _ Chord158.98' ~ "a. \ \ \ • " ~ t • !l 0 ~ "' C • .,, g ~ v • -il PARKING TABLE Driveway Easement 332 Square Feet N.T.S. 354 -Regular Perking Spaces 13 -Handicapped Parking Space 367 -Total Parking Spaces " "' "' "' "' "' "' LOT -4 "' ,/<., 4',r.9 -~-"' ~-£; <'f' "'l'"s·""'i ~L__.:::,,_ N89"26"40"W 16.B9" --• -8 Jr 6 "Si -i -~ .. -· 1 Story Coocrete Building · • • .. -17,513 Square Feet ... ••.•.•. •. • .•. Heicjlt=21' .•. • .•.•.•. • • ·2325 Camino Vida Roble· • 1 Story Concrete Buffding • 12,705 Squore FeeL .... -.-.-Height=21'-..... . 2335 Camino Vida Roble • • ................... ... -•-'t···· .. :.>:"'. . •. •. • .1 Story Concrete BuOdlng· • _ • • • _ • 9,44J S"-'ore Feet· · • Helght=21' · • · • • • • -2345 Camino Vida Roble•·• • • I • \ \ ~ ?.. I 13,' ,o ~!$ I I • Fee Owner: Wells Fargo Bank, as Trustee for The Harold F. Hutton, Trust Instrument jBB-613589 {Lot -2) Tax Parcel #213-050-27-00 (Lot -2) Instrument #1996-0354593 {Lot -3) Tax Parcel #213-050-28-00 {Lot -3) Now or Formerly Freeborn F(l'Tlily Trust Instrument f2004-0641356 Tax Parcel #213-050--37-00 !PARCEL A:! LOT -2 297,081 Square Feet 6.820 Acres • 1 Story Concrete Bu11dlng • • • _ • 16,012 Square Feet· • _ • . He;!j,t=21" . . . -2375 Ccrnlno Vida Roble. Parcel A Parcel I.lop 10061 I I I LOT - 1 I I I I Now or Formerly Travel Center Inc. 0 Instrument f1997-0035836 Ta, Paree #213-050-38-00 rn Scale: 50 100 1" -50' 1/ 1/ Now or Formerly 2281 Las Palmas Drive LLC Instrument #2001-0413943 Tax Parcel #213-050-29-00 "' "' "' "' "' "' '¾,&"' I RLSBAD TRACT NO. 79-1 LOMAR .'JRPORT BUSINESS PARK) 1/ Map No. 3989 ' 1/2" Pipe Found & Used LOT -5 Now or Fonnerly RLP Properties LLC Instrument #2004-0265610 Tax Parcel #213-050-30-00 © 1 15' Sewer Eosement I Map No. 9389 --.......1------1/2' Pipe Found & Used =+==L __ _ [ ®® 8' Son Diego Gos &: Electric Company Eas«nent Instrument #479728 Instrument #80-219989 LOT - 6 Now or Formerly Gildred Development Co. Instrument '86-127259 Tax Parcel #213-050-31-00 11 ~I I S1 I 11 11 11 11 11 @ "'-~"'f,, Access Easement ~ ~ Instrument #1996-0525246 S89"26¥0"£ 136.56' 10' Side Building Setback I Encroachment Permit (Shaded) Instrument #1996-0542588 J'l il • Woll.· Wall • • • 74.'t • "' ·.-.·.·1 Story Concrete Bulding·.·.·.·. • • 38,326 Square Feel· • • • . .-;, ori ... 'I<)_ --Height=24' - -• -• -•• -~ -·~ •. l1J. .. •. -6451 El Camino Real'.'.":. ,·---,·,e -- • Wall.'. •· 11 .... _, ..... t.-it=L60fili.4" --1:---=='""-'-~-="'"" 11 11 11 11 • Asphalt • I I I I I I 12 Regular Spaces Wall 10' Side Bund·ng Setback.~-- CITY OF CARLSBAD --CO_U_TY OF SAN"~D~1E=G~O-~~--,--M~W~'26=¥o~w~-,--,~73~.,~o,,-----~'9' m 0 0 at ~ -~ ~ C 0 • r -8 v 0 + -at • -a • 0 .,, 0 -~ ~ m "' ~ C 2? 0 "Si g ~ ~ ..... . .-.-:·::.· .................. q' • • ·_·_1 Story Concrete Buildilg· ·_J_ • • • • • • 8,093 S(J.lare Feet • • • • ·4'..- • .. ·:::.· ... Height=21' .... • ·.·:.J. •. •. • .2355 Camino Vida Roble.·.·.·.-~ 1/ 1/ ...... . • .1 Story Concrete Buildilg .. • • ·_16,364 Square Feet • • • · Helght=21' •• •. 2365 Camino Vtdo Roble •. • 1/ 1/ 1/ 1/ 1/ 1/ 1/ 1/ 1/ 1/ 1/ 1/ 1/ 1/ 1/ 1/. SYMBOL LEGEND 1-------------------1 (ff) R.O.W. i R L txl 8 [TI ~ EB & x:x • ~·;c;-1,;y,;;:] E°~•~·~h•-~ 1::::::::::::::::::::::J WM Schedule B Item Right of Way Centerline Radius Arc Length Delta Angle Catch Basin Manhole Water Meter Fire Hydrant Water Valve Gas Meter Transformer Cable Box Square Ballard Post Handicapped Space Light Pole Monument Found Concrete Area Building Area No Parking Area COMMONWEAL TH LAND TITLE INSURANCE COMPANY COMMITMENT NO. 04750810 -SCHEDULE A All that certoi'I real property situated i'I the County of Son Diego, Stole of California, desc:nbed as follows: Lot 2 of Carlsbad Tract No. 79-1, i, the City of Carlsbad, County of San Diego, Stole of California, according to Map thereof No. 9389, filed in the Office of the County Recorder of San Diego County, September 26, 1979. l'lll:JaiLll; Lot 3 of Carlsbad Tract No. 79-1, i, the City of Carlsbad, County of Son Diego, State of California, according to Mop thereof No. 9389, filed in the Office of the County Recorder of Son Diego County, September 26, 1979. ~ An easement for Ingress and egress for driveway pi,poses, over that portion of Lot 4 of Carlsbad Tract No. 79-1, In the City of Corlsbod, County of Son Diego, State of California, according to Mq:i thereof No. 9389, fled ii the Office of the County Recorder of Son Diego Coonty on September 26, 1979, l)fng Easterly of the followlng described line: Begilning at a poilt on the Southerly lile of said Lot 4, distant thereon North 89' 26' 40' West, 16.89 feet from the most Easterly Comer thereof; Thence North 27 20' 1s• East, 11.00 feet to a point In the Easterly line of sold Lot -4-, distant thereon North -4-9' 59' 49"' West 15.45 feet from said Easterly Corner. VICINITY MAP Not To Scale La Costa Blvd Camino Vida Roble Alga Rd SURVEYORS CERTIFICATION Palomar Airport Rd TO: First Industrial Acquisitions, Inc.; F'rst Industrial Realty Trust, Inc.; First Industrial, L.P.; First Industrial Development Ser.,;ces, Inc.; md Commonwealth land TIUe Company I hereby certify that on the 8th. day of June, 2005 {o) on occurote, ·os-builr on the ground instrument survey entitled nALTA/ACSM LAND 1TTLE SURVEY-the rsurvey"') of the premises (the "'Propertf) known by street address 2325-2375 Camino Vida Roble & 64-51 El Camino Real, ws conducted under my direction according to local professional practices; (b) the Survey and the ilformation, courses and distances shown thereon ore correct; (c) all monuments shown on the survey actually exist. and the location, size and twe of materials thereof ore correctly shown; (d) the title lines and lines of cctuol possession of the Property ore the some; (e) the size, locotlon md type of all buildings and Improvements, If any, on the Property ore shown on the Survey; (f) the Property hes direct access to C(l'Tlino Vida Roble and El Camino Reel, which are dedicated public ways: (g) there ore no easements. rights-of-way, old highways or cbondoned roads, lcnes or aivewoys affecting the Property appearing from o careful physical inspection of the some, other than those shown and depicted on the &Jrvey or those which may be discovered by a complete title eiam of the subject property and all odjoiners; (h) there ore no iAslble boundary llne conHicts (i) all recorded easements, as noted in litle Company Commitment No. 04750810, doted July 11, 2005, and all set-bock lines, hove been correctly plotted or noted on the Survey; (D except as shown on the Survey there ore no improvements on the Property upon any easement, rights-of-way or odj:lcent land or encroachments of Improvements locoted on odj:lcent land upon the Property; (k) there were no cemeteries or burying ground observed on the Property, (1) the Survey shows the location of any visible telephone, telegr~h. electric or other power lines. wires and poles on the Property; (m) the Survey shows the location of all surface drainage located on the Property; (n) the porcel(s) described on the Survey do not lie within flood areas in accordance with mops entitled •Flood Insurance Rote M~ •, which such map covers the area in which the Property is situated; {o) the Property Is mode up of more than one parcel, each of which constitutes a separate tax lot and none of which constitutes a portion of any other tax lot (p) the Premises is a sep<rately subdivided tract; (q) all utlities for the operotion of the Premises ore owOoble at the lot lines, enter said tract through adj:>ining public streets and do not run through or under CJ1Y buildings or improvements; (r) all zoning and density classifications a-e property shown on the Survey and there ore no vloictions of zoning ordinances, restrictions or other rules or regulations with reference to the loootion of all buildings, structures and Improvements situated on the Property and the number and configuration of parking spaces; (s) the Survey shows all driveways or other curb cuts along a,y street or alley upon which the land abuts; (t) the Survey shows the location and name of all public md private streets or alleys located thereon or adjacent thereto, all of which ore public unless otherwise noted; (u) the Survey shows the loootion of oppliooble buDding restriction and setback lines required by local ordinances and regulations; and (v) except as shown on the Survey, the Property does not serve any adjoining property for drainage, utilities or ingress or egress. I further certify that this mop or plot and the survey on which It is based were made {I} ln accordance with •Minimum Standard Detail Requirements for M..TA/ACSM Land Title Surveys• jointly established and adopted by ALTA, ACSM and NSPS in 1999 and includes Items 2, 3, 4, 6, 7, 8, 9, 10, 11, 13, 14, 15 and 16 of TOOie A thereof and (Ii) pursuant to the Accuracy Standards (as adopt d by Al.TA, ACSM and NSPS and in effect on the dote of this Certification) of on urban survey. This mop correctly represents a survey mode by me or under my direction in conformance with the requirements of the Professional Land Surve)'Jr'S Act at the request of First Industrial Real Estate Trust in June, 2005 UTILITY COMPANIES WATER & STORM SEWER: City of Carlsbad 1635 Faraday Avenue Carlsbad, CA CABLE: Cox Cable ELECTRIC & GAS: San Diego Gos & Electric Company (800) 411-7343 TELEPHONE: AT&T (619) 262-1122 ~===========-;;:::;;,- ALTA/ACSM LAND TITLE SURVEY PREPARED FOR: FIRST INDUSTRIAL REAL ESTATE TRUST 311 South Wacker Drive, Suite 4000 Chicago, IL 60606 ' I 2325-2375 Camino Vida Roble & 6451 El Camino Real City of Carlsbad, County of San Diego State of California Drawn By: MES Date: June 8, 2005 Scale: Checked: DJM Sheet No. 1 REVISION NOTES Date: Comment: 8/05/05 Client Comments National Commercial Division MSI Site No.: 6190 1"' = 50' of 1 "' C, iJ C Z o X = " -a.u.. ti ~ :t en z cc :::E .. .. -:::E CHUAO CHOCOLATIER 118" OCCUPANCY (UTILITY) r--------------- ' ' ' ' ' ' [b ' • (E) OFFICE SPACE NORTH (SUITE B) DEEPAK CHOPRA "8". OCCUPANCY (E) WAREHOUSE • (E) OFFlCE SPACE M.A.Design & Services 2151 Ente!])rise Street Suite C Escondido, CA 92029 www.madesigning.com (760) 390-0007 on 0 -~ 0 -~ ~ ~ ~ i:o ~ N Q) Q) ..... ,,-< - ;:::l - -~ CZ) 0 s ~N ti:l O'\ ~< Q) oU .s "'O~ ~ ~.2 ~ u:a -1a 0 ~u -lr) on ""' '° Q) -~ Q ~ rJJ s -~ I-; 0 0 -µ.. bl) ~ ...... ... CZ) ...... ~ OJ ~ .; ·- '"" 0 OJ ..c:: ell Rev. Date By Date: 6/14/2013 Scale: 1/4"-1'-0" Sheet: A-1 Sheet: 2 of3 CHUAO CHOCOLATIER "B" OCCUPANCY (UTILITY) r---------------' I I I I I [D I OCCUPANT LOAD 28 SUITE B2 TOTAL OCCUPANT LOAD 43 TRAINING STUDIO 2,826 SQ. FT. (E) OFFICE SPACE 1,486 SQ. FT. OCCUPANT LOAD 15 0 STORAGE 55 SQ. FT. • 0 (E) OFFICE SPACE •. SUITE Bl . . (E) WAREHOUSE DEEPAK CHOPRA "B" OCCUPANCY ====· -PROPOSED WALLS EXISTING WALLS NORTH M.A.Design & Services 2151 Enterprise Street Suite C Escondido, CA 92029 www.madesigning.com (760) 390-0007 b!) ~ . ~ ~ -~ (.,j ~ ~ o::1 ~ N QJ Q) ..... ·--;:::l --~ r;/J 0 s .,....n N ro O'I ~< Q) oU i::::1 n ~ ·-"O !;j] ~ u~ ...... ro 0 ~ u -,n b!) ""'" \0 Q) -~ Q § 00 e.n " CQ 0 § ] " -0 ~ ;... 0 0 -µ.. '"d (lJ r;/J 0 g. >, CQ ;... "d " ~ ~ ':;:l ,:,. ·-f E-- 'i, Q., " § .::: -"' Q., Rev. Date By Date: 6/14/2013 Scale: 1/8"=1'-0" Sheet: A-2 Sheet: 3 of3