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155 N. Santa Cruz Ave, Ste. G - Staff Report and Exhibits 1-5 PREPARED BY: RYAN SAFTY Associate Planner Reviewed by: Planning Manager and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874 www.losgatosca.gov TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT MEETING DATE: 08/08/2018 ITEM NO: 2 DATE: AUGUST 1, 2018 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONDITIONAL USE PERMIT APPLICATION U-18-011. PROJECT LOCATION: 155 N. SANTA CRUZ AVENUE SUITE G. PROPERTY OWNER: MIKE RUGANI. APPLICANT: CHRISTY ENGLISH. REQUESTING APPROVAL FOR GROUP CLASSES (BAY AREA ACTING STUDIO) ON PROPERTY ZONED C-2. APN 510-17-096. DEEMED COMPLETE: JULY 12, 2018 FINAL DATE TO TAKE ACTION: JANUARY 12, 2019 RECOMMENDATION: Approval, subject to the recommended conditions of approval. PROJECT DATA: General Plan Designation: Central Business District Zoning Designation: Central Business District, C-2 Applicable Plans & Standards: General Plan Parcel Size: 13,338 square feet Surrounding Area: Existing Land Use General Plan Zoning North Commercial Central Business District C-2 East Commercial Central Business District C-2 South Commercial Central Business District C-2 West Residential Medium Density Residential R-1D:LHP and R-1D:LHP:PD PAGE 2 OF 7 SUBJECT: 155 N. SANTA CRUZ AVENUE SUITE G/U-18-011 AUGUST 1, 2018 N:\DEV\PC REPORTS\2018\NSC 155 Ste G CUP - Bay Area Acting Studio.docx 8/1/2018 12:46 PM CEQA: The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15301: Existing Facilities. No significant effect on the environment will occur since the project uses an existing structure with no increase in floor area. FINDINGS:  As required, pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, this project is Categorically Exempt, Section 15301: Existing Facilities.  As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit. ACTION: The decision of the Planning Commission is final unless appealed within ten days. BACKGROUND: The proposed project would occupy a vacant commercial suite in a multi-tenant commercial building. The suite was last occupied by a retail furniture store (McGill Patio) in early 2018. The subject commercial building contains seven separate suites. The other six suites contain a mix of restaurant, retail, and personal service uses. DISCUSSION: A. Location and Surrounding Neighborhood The project would be located in a multi-tenant commercial building at 155 N. Santa Cruz Avenue, located at the southwest corner of the intersection of N. Santa Cruz Avenue and Nicholson Avenue (Exhibit 1). Adjacent properties to the north, east, and south are located in the C-2 zone and are developed with commercial buildings. Properties to the west, across Victory Lane, are in either the R-1D:LHP or R-1D:LHP:PD zone and are developed with residential buildings. The proposed business would occupy Suite G of the multi-tenant commercial building, which is at the back of the building along Victory Lane. B. Conditional Use Permit The applicant is requesting approval of a Conditional Use Permit (CUP) to operate an acting studio with group classes in a vacant suite of a multi-tenant commercial building. PAGE 3 OF 7 SUBJECT: 155 N. SANTA CRUZ AVENUE SUITE G/U-18-011 AUGUST 1, 2018 N:\DEV\PC REPORTS\2018\NSC 155 Ste G CUP - Bay Area Acting Studio.docx 8/1/2018 12:46 PM DISCUSSION (Continued): When reviewing a CUP, the deciding body should consider the information in the applicant’s Project Description; however, the key consideration should be the proposed use since the Project Description can change from owner to owner. The CUP runs with the land, and the deciding body should review applications based on the use as opposed to the applicant or the applicant’s Project Description. C. Zoning Compliance The proposed acting studio use with group classes is an allowed use in the C-2 zone with approval of a CUP by the Planning Commission. ANALYSIS: A. Project Summary The proposed business (Bay Area Acting Studio) would occupy a 1,938 square foot suite within a multi-tenant commercial building. Per the provided Project Description and Letter of Justification in Exhibit 4, the proposed business would enable children, teenagers, and adults to learn about the entertainment industry and provide the tools necessary to be successful in television and film. A typical class would begin with a period of warm ups, followed by learning and improvisations, and end in scene rehearsals. Proposed hours of operation would be seven days a week, from 9:00 a.m. to 10:00 p.m. However, most classes would operate between 3:00 p.m. and 9:30 p.m. The applicant is requesting a maximum class size of 21 students with three staff members. The recommended conditions of approval in Exhibit 3 include both the maximum allowable hours of operation and maximum allowable class size. The applicant proposes no structural or exterior changes to the suite. The applicant has provided a Project Description and Letter of Justification with photographs of the vacant suite, and a floor plan (Exhibit 4). B. Parking and Traffic The multi-tenant commercial building has five parking spaces on-site and 24 parking spaces in the Parking Assessment District. The other tenant spaces utilize 19 of the 29 total spaces. With three staff members, allowable parking spaces would allow a maximum of 21 students. The proposed use would comply with the parking requirements for the building, as shown in the table below. PAGE 4 OF 7 SUBJECT: 155 N. SANTA CRUZ AVENUE SUITE G/U-18-011 AUGUST 1, 2018 N:\DEV\PC REPORTS\2018\NSC 155 Ste G CUP - Bay Area Acting Studio.docx 8/1/2018 12:46 PM ANALYSIS (Continued): Parking Analysis – 155 North Santa Cruz Avenue Use Square Feet Required Spaces Suite A Restaurant - tea shop 1,369 4.56 (1 per 300) Suite B Personal Service - photo studio 1,080 3.60 (1 per 300) Suite C Retail – juice shop 1,000 3.33 (1 per 300) Suite D Retail – clothing store 1,000 3.33 (1 per 300) Suite E Retail - UPS store 550 1.83 (1 per 300) Suite F Personal Service - nail salon 650 2.16 (1 per 300) Suite G Proposed Acting Studio 1,938 10 (1 per teacher) (1 per 3 students) Total Spaces Required = 28.81 spaces Total Spaces Provided = 29 spaces 5 spaces on-site and 24 spaces in Parking Assessment District There would be no traffic impact or traffic impact fees required per the Town’s Traffic Impact Policy as the subject site is located Downtown and there is no proposed increase in square footage. C. Conditional Use Permit Findings In order to grant approval of a CUP, the deciding body must make the following findings: 1. The proposed use of the property is essential or desirable to the public convenience or welfare; and 2. The proposed use would not impair the integrity and character of the zone; and 3. The proposed use would not be detrimental to public health, safety, or general welfare; and 4. The proposed use of the property is in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code. PAGE 5 OF 7 SUBJECT: 155 N. SANTA CRUZ AVENUE SUITE G/U-18-011 AUGUST 1, 2018 N:\DEV\PC REPORTS\2018\NSC 155 Ste G CUP - Bay Area Acting Studio.docx 8/1/2018 12:46 PM ANALYSIS (Continued): In regards to the first finding, the proposed use is desirable to the public convenience because it would provide a unique educational service for visitors and residents in the downtown and surrounding areas. In regards to the second finding, the proposed use would not impair the integrity of the zone, in that the proposed use is a commercial use and would be located in a commercial zone. In regards to the third finding, the proposed use would not be detrimental to public health, safety, or general welfare, as the conditions placed on the permit would maintain the welfare of the community. In regards to the final finding, the proposed use would be in conformance with the Town Code and General Plan as discussed within this report. D. General Plan The acting studio use is consistent with the Central Business District General Plan Designation for the property which envisions a mixture of retail, office, and residential in a mixed-use setting, along with lodging, service, auto-related businesses, non-manufacturing industrial uses, recreational uses, and restaurants. The goals and policies of the 2020 General Plan applicable to this project include, but are not limited to: • Policy LU-2.1 – Minimize vehicle miles traveled for goods and services by allowing and encouraging stores that provide these goods within walking distance of neighborhoods in Los Gatos. • Goal LU-10 – To preserve Downtown Los Gatos as the historic center of the Town, with goods and services for local residents, while maintaining the existing Town identity, environment, and commercial vitality. • Goal HS-3 – To meet the needs of Los Gatos youth. • Goal HS-4 – To offer a wide range of youth programs and services within the Town. • Policy HS-4.2 – Coordinate with public and private schools, local non-profits, service clubs, and other agencies to provide opportunities for youth to explore and enjoy sports, creative and performing arts, and future career paths. • Policy HS-5.3 – Continue to work with community partners to provide a variety of programs and events for Town youth. • Goal HS-6 – To promote safe, youth-friendly environments within the Town. E. Environmental Review The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of California Environmental Quality Act, Section 15301: Existing Facilities. PAGE 6 OF 7 SUBJECT: 155 N. SANTA CRUZ AVENUE SUITE G/U-18-011 AUGUST 1, 2018 N:\DEV\PC REPORTS\2018\NSC 155 Ste G CUP - Bay Area Acting Studio.docx 8/1/2018 12:46 PM ANALYSIS (Continued): No significant effect on the environment will occur since the project uses an existing structure with no increase in floor area. PUBLIC COMMENTS: Written notice was sent to property owners and tenants within 300 feet of the subject property. Public comments received by 11:00 AM, Friday, August 3, 2018 are included as Exhibit 5. CONCLUSION: A. Summary Recommended conditions of approval for the proposed business are attached as Exhibit 3. There would be no traffic impact, and the site has adequate parking to accommodate the proposed use. The proposed use is in conformance with the Town Code and is consistent with the General Plan. B. Recommendation Based on the analysis above, staff recommends approval of the CUP application subject to the recommended conditions of approval (Exhibit 3). If the Planning Commission finds merit with the proposed project, it should: 1. Find that the proposed project is categorically exempt, pursuant to Section 15301 of the California Environmental Quality Act as adopted by the Town (Exhibit 2); and 2. Make the findings as required by Section 29.20.190 of the Town Code for granting approval of a CUP (Exhibit 2); and 3. Approve CUP application U-18-011 with the conditions of approval contained in Exhibit 3. C. Alternatives Alternatively, if the Commission has concerns with the proposed project, it can: 1. Approve the application with additional and/or modified conditions of approval; or 2. Continue the application with direction to a specific hearing date; or 3. Deny the application. PAGE 7 OF 7 SUBJECT: 155 N. SANTA CRUZ AVENUE SUITE G/U-18-011 AUGUST 1, 2018 N:\DEV\PC REPORTS\2018\NSC 155 Ste G CUP - Bay Area Acting Studio.docx 8/1/2018 12:46 PM EXHIBITS: 1. Location Map (one page) 2. Required Findings (one page) 3. Recommended Conditions of Approval (three pages) 4. Project Description and Letter of Justification received July 12, 2018 (nine pages) 5. Public comments received by 11:00 a.m., Friday, August 3, 2018 Distribution: Christy English, 18191 Saratoga Los Gatos Road, Los Gatos, CA 95030 Mike Rugani, PO Box 873, Los Gatos, CA 95031 This Page Intentionally Left Blank WILDER AVTAIT AVVICTORY LNN SANTA CRUZ AVBA C H M A N A V UNIVERSITY AVBEA N A V NICH O L S O N A V GRAY S L N ROYC E S T MILES A VVILLAGE LN155 N. SANTA CRUZ AVE STE. G 0 0.250.125 Miles ° EXHIBIT 1 This Page Intentionally Left Blank N:\DEV\FINDINGS\2018\NSC 155-Suite G - CUP.docx PLANNING COMMISSION – August 8, 2018 REQUIRED FINDINGS FOR: 155 N. Santa Cruz Avenue, Suite G Conditional Use Permit U-18-011 Requesting approval for group classes (Bay Area Acting Studio) on property zoned C- 2. APN 510-17-096. PROPERTY OWNER: Mike Rugani APPLICANT: Christy English FINDINGS Required finding for CEQA: ■ The project is Categorically Exempt pursuant to Section 15301 of the State Environmental Guidelines as adopted by the Town. No significant effect on the environment will occur since the project uses an existing structure with no increase in floor area. Required findings for a Conditional Use Permit: ■ As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit: The deciding body, on the basis of the evidence submitted at the hearing, may grant a conditional use permit when specifically authorized by the provisions of the Town Code if it finds that: 1. The proposed use is desirable to the public convenience because it provides a unique educational service for visitors and residents in the downtown and surrounding areas; and 2. The proposed use would not impair the integrity of the zone, in that the proposed use is a commercial use and would be located in a commercial zone; and 3. The proposed use would not be detrimental to public health, safety or general welfare, as the conditions placed on the permit would maintain the welfare of the community; and 4. The proposed use is in conformance with the Town Code and General Plan. EXHIBIT 2 This Page Intentionally Left Blank PLANNING COMMISSION –August 8, 2018 CONDITIONS OF APPROVAL 155 N. Santa Cruz Avenue, Suite G Conditional Use Permit U-18-011 Requesting approval for group classes (Bay Area Acting Studio) on property zoned C-2. APN 510-17-096. PROPERTY OWNER: Mike Rugani APPLICANT: Christy English TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval and in substantial compliance with the approved plans. Any changes or modifications to the approved plans shall be approved by the Community Development Director, DRC or the Planning Commission depending on the scope of the changes. 2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. 3. LAPSE FOR DISCONTINUANCE: If the activity for which the Conditional Use Permit has been granted is discontinued for a period of one (1) year, the approval lapses pursuant to Section 29.20.340 of the Zoning Ordinance. 4. USE: The approved use is for group classes. 5. HOURS OF OPERATION: Maximum hours of operation are 9:00 a.m. to 10:00 p.m. 6. NUMBER OF STUDENTS: The maximum number of students is limited to 21. 7. NUMBER OF STAFF: The maximum number of staff is limited to three. 8. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy must be obtained prior to commencement of use. 9. BUSINESS LICENSE: A business license is required from the Town of Los Gatos Finance Department prior to commencement of use. 10. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department must be obtained prior to any changes to existing signs or installation of new signs. 11. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney. 12. COMPLIANCE MEMEMORANDUM: A memorandum, in compliance with standard Town practice, shall be prepared and submitted with the building permit detailing how the conditions of approval will be addressed. EXHIBIT 3 Building Division 13. MODIFICATIONS: Any modifications other than cosmetic changes (floor covering, paint, wall paper, etc) will require further review from the Building Division and compliance with current Building Codes. 14. CHANGE OF OCCUPANCY: A Building Permit will be required for the Change of Occupancy from Type M to Type B pursuant to Section 407 Change of Occupancy in the California Existing Building Code. These two occupancies hold the same risk category and require no building modifications for the change. 15. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on the cover sheet of the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed. 16. BUILDING & SUITE NUMBERS: If required, submit requests for new building addresses to the Building Division prior to submitting for the building permit application process. 17. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development – Planning Division: (408) 354-6874 b. Engineering/Parks & Public Works Department: (408) 399-5771 c. Santa Clara County Fire Department: (408) 378-4010 d. West Valley Sanitation District: (408) 378-2407 TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: Engineering Division 18. GENERAL: All public improvements shall be made according to the latest adopted Town Standard Plans, Standard Specifications and Engineering Design Standards. All work shall conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job-related mud, silt, concrete, dirt and other construction debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless an encroachment permit is issued by the Engineering Division of the Parks and Public Works Department. The Owner, Applicant and/or Developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the issuance of correction notices, citations, or stop work orders and the Town performing the required maintenance at the Owner, Applicant and/or Developer's expense. 19. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the latest reviewed and approved development plans. Any changes or modifications to the approved plans or conditions of approvals shall be approved by the Town Engineer. 20. ENCROACHMENT PERMIT: All work in the public right-of-way will require a Construction Encroachment Permit. All work over $5,000 will require construction security. It is the responsibility of the Owner/Applicant/Developer to obtain any necessary encroachment permits from affected agencies and private parties, including but not limited to, Pacific Gas and Electric (PG&E), AT&T, Comcast, Santa Clara Valley Water District, California Department of Transportation (Caltrans). Copies of any approvals or permits must be submitted to the Town Engineering Division of the Parks and Public Works Department prior to releasing any permit. 21. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job site at all times during construction. 22. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the approval of the Town prior to the commencement of any and all altered work. The Owner, Applicant and/or Developer’s project engineer shall notify, in writing, the Town Engineer at least seventy-two (72) hours in advance of all the proposed changes. Any approved changes shall be incorporated into the final “as-built” plans. 23. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty- five (85) dBA at twenty-five (25) feet from the source. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty- five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA. N:\DEV\CONDITIONS\2018\NSC 155- SUITE G - PC CUP.docx This Page Intentionally Left Blank To: Planning Commission, Town of Los Gatos From : Jonathan Pickering & Christy English Reference: Condition Use Permit Application for Acting Studio operated by Bay Area Acting Studio Description of the project and Letter of Justification Site: 155 North Santa Cruz Ave, Los Gatos, CA 95030, 1,938 SQF, Suite G Site Owner: Mike Rugani Date: Updated July 10, 2018 Proposal for Open Bay Area Acting Studio second location in Los Gatos ITEM 4: PROPOSED PROJECT: What is the Bay Area Acting Studio: The Bay Area Acting Studio (BAAS) has been serving aspiring actors in the Bay Area since 2003. It is the Premier Acting Studio for Television and Film in the Bay Area. http://bayareaacting.com/index.html The first acting studio which has been in operation for over 15 years is on Camden Avenue near to Campbell. The BAAS enables children, teenagers and adults to learn about the entertainment industry and provide all the tools necessary to be successful in television and film in both San Francisco and Los Angeles. We start with absolute beginners as young as 8 years old and we have advanced classes for working actors ranging from 18 to actors in their 70s. We have had significant success with our actors: Many have done national commercials- Old Navy, Toyota, ATT&T, Nike, Bud Light (Super Bowl commercial), and many more. Our students have won roles on TV shows including Madmen, Grey's Anatomy, Scandal, Disney shows, CSI, ER, and many more. BAAS actors have also worked in many films including The Avengers. The school also serves younger students who may not be considering the entertainment industry as a career but to develop valuable communication and interpersonal skills while building confidence. In our classes, children learn skills to help them make effective presentations to a live audience or to the camera. To learn listening and observation which helps for school and job interviews. The classes provide an artistic and a creative outlet, to learn, to make new friends and have a rewarding and fun time doing so. EXHIBIT 4 Opening a studio in Los Gatos: Why Los Gatos? The BAAS studio on Camden Ave is now at full capacity. After careful study we have decided to open an additional local studio in Los Gatos. At the Los Gatos studio we would focus on teaching children and teenagers. Los Gatos does not have any such local service. This location is within a short distance of Fisher Middle School and Los Gatos High School. We are also long term residents of Los Gatos and our children go to school here and we feel a strong sense of community. And Bonus- we can walk to work! The business has been very stable and profitable for over 10 years and has multiple experienced teachers and assistants. North Santa Cruz Facility: The 155 North Santa Cruz, Suite G is a 1938 square feet facility. The space will used as follows: -Office and check in -Studio for improv and theater games -Studio for doing scene work -Toilet/bathroom Operations: We are requesting the ability to operate 7 days a week from 9am to 10pm. However, most of the time classes are held between 3pm and 9.30pm. Classes for younger students would be typically be 1 hour, 30 mins and for adults the classes are for 3 hours. Class Size: We are requesting a maximum class size of 21 students with three staff. Typical class: Classes involve a period of warm ups and learning and improvisation games for about half the time. The second component of the class involve developing and rehearsing specific scenes. Noise: There is NO loud music / no amplified sound Pictures of students at work. Summer Academy and Workshops! ITEM 5, Planning Justifications. The proposed studio meets or exceeds the following requirements: 1) Public Welfare: The proposed use is essential or desirable to the public convenience and welfare: The proposed use as an acting studio is desirable to the public convenience, particularly for local parents and students who want to have a facility which is close to home and within a short commute or walking distance. 2) Integrity and character of the zone: The proposed uses will not impair the integrity and character of the zone: Having an acting studio with children and young adults from the surrounding schools will be consistent with integrity and character of the zone and will improve the zone. There is prestigious place of learning and is something the town does not have. The acting studio is very much family friendly and family orientated. 3) The proposed uses would not be detrimental to public health, safety or general welfare: The proposed studio will provide a safe place for people of all ages to learn, grow and engage with one another, creating a gathering place and sense of community. 4) The proposed uses of the property are in harmony with the various elements or objectives of the general plan and the purposes of this chapter. The studio will: • Provide a new educational facility aimed at the town’s children, teenagers and adults for personal growth • Attract, children, teenagers, parents and adults to the downtown area • Family orientated education and training for the young in Los Gatos • Employment and training opportunities for acting coaches and teachers, and administrative support • Scholarship: for talented students with limited financial means there are a number of scholarships available Management/Ownership: Christy English has been working in the entertainment industry for over 25 years. When she was only 22, she was selected out of thousands of applicants to study with the famous acting teacher Sanford Meisner. Christy English: Founder and Owner of the Bay Area Acting Studio Christy would follow in the footsteps of so many who had studied with Stanford Meisner before her, Robert Duvall, Gregory Peck, Diane Keaton, Grace Kelly, Sydney Pollack, David Mamet and so many more. Christy has worked in many facets of the business including writing, producing, coaching and managing actors. Christy moved to the Bay Area in 2001 when she was hired by a production company to Produce feature films. Christy produced well budgeted features casting all actors out of Los Angeles and working with all unions. With Christy’s intuitive and successful business knowledge she is the owner of Bay Area Acting Studios where over 5,000 actors have trained. Christy has been a talent manager since 2008, managing talent for television and film. Her management offices are in Hollywood. Christy has grown the current studio near Campbell to a business with annual revenues of ~$500K/year ITEM 14: Photographs of the Proposed BAAS #2 on 155 North Santa Cruz Ave, Suite G, Los Gatos, CA 95030 The facility which has been vacant for months will be rejuvenated, with new decor and furnishings. x` ITEM 15: Floor plan of 155 North Santa Cruz Ave Suite G Bay Area Acting School, Los Gatos Studio. Conditional Use Permit. This is the current floor plan with no changes anticipated 1938 SQF Studio for Improv & Theater games Toilet Office & Check in Studio for Scene work This Page Intentionally Left Blank EXHIBIT 5 This Page Intentionally Left Blank