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Home My WebLink AboutSDP 2021-0029; IONIS LOTS 21 & 22; Site Development Plan (SDP), ( City of Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Dlvtslon 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Deyelopmant Pennlts (FOR DEPT. USE ONLY} Leqislatlye Permits D Coastal Development Permit D Conditional Use Permit D Minor D Extension D Day Care (Large) □Minor 0 Environmental Impact Assessment D Habitat Management Permit 0 HIiiside Development Permit 0Minor 0Minor D Nonconforming Construction Permit 0 Planned Development Permit O Minor D Residential D Non~Residentiat D Planning Commission Determination D Reasonable Accommodation 1---------i 0 General Plan Amendment 0 Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change □Amendment □Amendment 0 Zone Code Amendment south cartsbad Coastal Review Acea Permits D Review Permit D Administrative D Minor O Major VIiiage Review Area Permits 00 □ ti;j Site Development Plan Special Use Permit D Minor C,rt-oU-D Review Permit Tentative Parcel Map {Minor Subdivision) D TentaUve Tract Map (Major Subdivision) D Variance D Minor ...._ _____ _, D Administrative D Minor D Major \ ( w,~ 4(,./,,,,,,_) 1---------J (FOR DEPT. USE ONLY) NOTE; A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT•. PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. "SAME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S): Lat 21: 209-120-23-00, Lot 22: 209-120-24-00 LOCATION OF PROJECT: On Whiptail Loop at the intersection of Gazelle Court, Carlsbad Oakes North (STREET ADDRESS) NAME OF PROJECT: lonis Lots 21 & 22 Research and Development Campus Expansion BRIEF DESCRIPTION OF The project is a new Research and Development building and is an expansion of the existing PROJECT: Research and Development facility located at 2855 Gazelle Ct. along with a new parking s ru ure PROJECT VALUE (SITE IMPROVEMENTS) $50 Million Dollars ESTIMATED COMPLETION DATE 2nd Quarter of 2024 FOR CITY USE ONLY Development No. DOJZQ2\-Ql<\: I Lead Case No. Sb'f2,Q2,\-C0 7 :\ P-1 Page 1 of 6 Revised 10/20 .... OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME INDIVIDUAL NAME (if applicable): (if applicable): COMPANY NAME COMPANY NAME (if applicable): lonis Pharmaceuticals1 Inc (if applicable): lonis Pharmaceuticals, Inc MAILING ADDRESS: 2855 Gazelle Court MAILING ADDRESS: 2855 Gazelle Court CITY, STATE. ZIP: Carlsbad, CA. 9201 0 CITY, ST ATE, ZIP: Carlsbad, CA. 9201 a TELEPHONE: 760.603.2562 TELEPHONE: 760.603.2562 EMAIL ADDRESS: Wsanders@ionisph.com EMAIL ADDRESS: Wsanders@ionisph.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR P:R&'t!•OF,~~ I/,/~~-~J :,~ SIGNAT~ ( DATE DATE APPLICANT'S REPRESENTATIVE (Print): Jon B. Ohlson, C/0 OGA Architects MAILING ADDRESS: 2550 Fifth Avenue, Suite 115 CITY, STATE, ZIP: San Dieoo CA 921 03 TELEPHONE: Cell: 619.820.4021, Office: 619685.3990 EMAIL ADDRESS: johlson@d~a-sd.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE ANO CORRECT TO TiiE BEST OF MY KNOWLEDGE. SIGNATURE DATE 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. IIWE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LA D Bl Y SUCCESSORS IN INTEREST. X FOR CITY USE ONLY P-1 Page2of6 RECEIVr;J DEC 11 i~; 1 CITY OF L--,JAD DArEf'Ml;\~~9di!Aritlk"'lcE1vEo RECEIVED BY; Revised 10120 ' OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME INDIVIDUAL NAME (if applicable): {if applicable): COMPANY NAME COMPANY NAME (if applicable): lonis Pharmaceuticals Inc (if applicable): lonis Pharmaceuticals, Inc MAILING ADDRESS: 2855 Gazelle Court MAILING ADDRESS: 2855 Gazelle Court CITY, STATE, ZIP: Carlsbad, CA. 92010 CITY, STATE, ZIP: Carlsbad, CA. 92010 TELEPHONE: 760.603.2562 TELEPHONE: 760.603.2562 EMAIL ADDRESS: Wsanders@ionisph.com EMAIL ADDRESS: Wsanders@ionisph.com I CERTIFY THAT I AM THE LEGAL OVvNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOV'-11...EOGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNO'I-JLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR P~R~~ 4t4',Qq ;G~ -:Jfc/a;,, SIGNAT DATE DATE APPLICANTS REPRESENTATIVE (Print): Jon B. Ohlson, C/0 DGA Architects MAILING ADDRESS: 2550 Fifth Avenue, Suite 115 CITY, STATE, ZIP: San Diena, CA 92103 TELEPHONE: Cell: 619.820.4021. Office: 619685.3990 EMAIL ADDRESS: johlson@dga-sd.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOIAfL.e )GE , afa:i L7z. / /,, /I Sl~NAT ""'V D E i ~ 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. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY lF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LA D BIND ANY SUCC , SSORS IN INTEREST. FOR CITY USE ONLY DATE STAMP APPLICATION RECEIVED RECEIVED BY P-1 Page 2 of6 Revised 10120 1. Brett P. Monia Chief Executive Officer 2855 Gazelle Ct. Carlsbad, CA 92010 2. Elizabeth L. Hougen EVP, Chief Financial Officer 2855 Gazelle Ct. Carlsbad, CA 920 I 0 3. C. Frank Bennett EVP, Chief Scientific Officer 2855 Gazelle Ct. Carlsbad, CA 92010 4. Onaiza Cadoret-Manier Ionis Pharmaceuticals, Inc. Corporate Officers EVP, Chief Corporate Development and Commercial Officer 2855 Gazelle Ct. Carlsbad, CA 92010 5. Richard S. Geary EVP, Chief Development Officer 2855 Gazelle Ct. Carlsbad, CA 92010 6. Patrick R. O'Neil EVP, Chief Legal Officer and General Counsel 2855 Gazelle Ct. Carlsbad, CA 92010 7. Eric E. Swayze EVP, Research 2855 Gazelle Ct. Carlsbad, CA 92010 8. Eugene Schneider EVP, Chief Clinical Development Officer 2855 Gazelle Ct. Carlsbad, CA 92010 ( City of Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: 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 provi~ed below. 1. APPL ANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial I terest in the application. If the applicant includes a corporation or partnership, include th names, titles, addresses of all individuals owning more than 10% of the shares. IF O INDIVIOUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE N N-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate P. e may be attached if necessary.) Person -~~~~~~f'.:::'.=-/ Corp/Partlonis Pharmaceuticals, Inc. Title ___________ _ Title _____________ _ Address, __________ _ Address2855 Gazelle Ct. Carlsbad 92010 2. OWNER (Not the owner's agent) P-1(A) 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 (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and f the corporate officers. (A separate page may be attached if necessary.) Person,J~~~~~~'!!_~'J_~~ corp/Partlonis Pharmaceuticals, Inc. Title, ___________ _ Title ______________ _ Address, __________ _ Address2855 Gazelle Ct, Carlsbad 92010 Page 1 of 2 Revised 07110 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non ProfiVTrust Non ProfiUTrust. __________ _ 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? D Yes D No If yes, please indicate person(s):. ___________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Si!l±~~;r--== Signat'f~ Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07110 ( City of Carlsbad -PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.cartsbadca.gov PROJECT NAME: ___ lo_n_i_s_L_o_ts_2_1 _&_22 ___________ _ APPLICANT NAME: ___ l_o_n_is_P_h_a_rm_a_c_e_u_tic_a_l_s __________ _ 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: lonis Pharmaceuticals (lonis) has outgrown their current research and development facility located at 2855 Gazelle Court. This research and development building is currently housing 346 employees and they have maximized the existing available space within the building for growth. This past year lonis completed their conference center at 2850 Gazelle Court which also included some additional space for future office growth. For this submittal, lonis will be submitting plans and other documents for a Site Development Permit, for a fYOposed 164,833 square foot research and development building which will be located off Whili'tail Loop, just west of their current facility. A bridge across Whiptail Loop, connecting to their conference center, is proposed to facilitate access between the conference center and their current R&D facility. This will alleviate employees walking between building having to encounter traffic while crossing the street. The project is also proposing a 3 level parking structure along with interior and exterior amenities. A Site Development Permit is being requested due to the height of the building exceeding the Municipal Code maximum of 45 feet by 3 feet. Also as part of this submittal, Lots 21 and 22 will be combined into one parcel. Grading of the existing stepped building pads will be performed in order to reduce the elevation difference between the two building pads. In review of the plans, you will find that a portion of the building will be three stories to respect and embrace the building pad variation. P-1(8) Page 1 of 1 Revised 07110 • ( City of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1 (CJ Development Services Planning Division 1635 Faraday Avenue (760) 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): D The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application !!! contained on the lists compiled pursuant lo Section 65962.5 of the State Government Code. APPLICANT Name,_l_o_n_is_P_h_a_r_m_a_c_e_u_t_ic_a_l_s_, _ln_c_. __ _ Addres" 2855 Gazelle Ct Carlsbad, Ca 92010 Phooe Number 760.603.2562 PROPERTY OWNER Name: lonis Pharmaceuticals, Inc. Addres5'2855 Gazelle Ct. Carlsbad, Ca 92010 Phooe Number 760.931.9200 Address of Site: ______________________________ _ Local Ageocy (City aod countyi' Carlsbad, San Diego County Assessor's book, page, and parcel number: lot 21: 209-120-23-00 / lot 22: 209-120-24-00 Specify list(s): ______________________________ _ Regulatory Identification Number: ________________________ _ Date of List: _______________________________ _ App~ Property Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02113 Per the California Environmental Protection Agency's website, "While Government Code Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list," many changes have occurred related to web-based information access since [the amended statute's effective date in] 1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www. calepa . ca .g av/ siteclea nu p/Corteselist/default. htm www.calepa.ca.gov/database/calsites www.envirostor.dtsc.ca.gov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http://geotracker.waterboards.ca.gov/ County of San Diego Department of Environmental Health Services www.co.san-diego.ca.us/deh Hazardous Materials Division www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.gov/superfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.epa.gov/su perfu nd/sites/n p I/ n pl . htm P-1(C) Page 2 or2 Revised 02/13 ' ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: 11.04.2021 (To be completed by City) Application Number(s): _________________________ _ General Information 1 _ Name of project: _l_o_n_is_L_o_t_s_2_1_&_2_2 ________________ _ 2. lonis Pharmaceuticals Name of developer or project sponsor: __________________ _ Address: 2855 Ga2elle Court City. State. Zip Code: Carlsbad, CA, 92010 Phone Number: 760.603.2562 3. Jon Ohlson c/o DGA Name of person to be contacted concerning this project: ____________ _ Address: 2550 Fifth Avenue, Suite 115 City. State, Zip Code: San Diego, CA 92103 Phone Number: 619•820.4021 4. XXXX Wh" t "I L Address of Project: IP al oop Assessor's Parcel Number: 209-120-23-00 & 209-120-24-00 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Site Development, Grading Permit and Building Permits 6. Existing General Plan Land Use Designation: P.I. (Planned Industrial) SP211 1. Existing zoning district: P-M (Planned Industrial) 8. Existing land use(s): _V_a_c_a_nt ____________________ _ 9. Proposed use of site (Project for which this form is filed): New Research and Development Building Project Description 10. Site size: _8_.3_7_A_c_r_e_s _____________________ _ 11. Proposed Building square footage: _1_6_4_,c.8_3_3_S_.F_. _____________ _ 12: Number of floors of construction: _3 ___________________ _ 13. Amount of off-street parking provided: _4_2_6_s.cp_a_c_e_s _____________ _ 14_ Associated projects: Proposed bridge connection to 2850 Gazelle Court P-1(0) Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: _N_I A ________ _ 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: ____________________ _ NIA 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ Approx. 370 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: ________ _ NIA 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: ___________________ _ Project requests a height Variance of 3 feet P-1(0) Page 3 of4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial □ 0 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 10 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. Vacant site. See site photos provided with submittal 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. Surrounding properties are developed. The c rtifi ati westerly property line abuts open space. See site e IC on photos provided with submittal 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 kn edge and belief. Date: 11.04.21 P-1(0) Signatu For: Page-4 of 4 Revised 07/10 ( City of Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. lf it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements {I.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (76 ) 602-46 Applicant Signature: Staff Signature: Date: rr • To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07110 Development Services Planning Division 1635 Faraday Avenue 760-602-4610 www.carlshadca.gov PURPOSE CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 (city of Carlsbad 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}.* *City staff are currently not assessing the greenhouse gas impacts of California Environmental Quality Act projects by using the Climate Action Plan as a qualified GHG reduction plan under CEQA section 15183.S(b). Please consult with the Planning Department for further guidance. Additional information may be found on the Climate Action Plan Update and Vehicle Miles Traveled calculations staff report. 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 SUBMITTAL REQUIREMENTS • 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 07121 City of Carlsbad Climate Action Plcti 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 (MTCO2e) 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 appropriate 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 specific/master 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 □ If "Ye~•, 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. If "No", proceed to Question B. B. The CAP established a screening threshold of 900 MTCOie/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: SO dwelling units • Multi-Family Housing: 70dwelling 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 MTCOze/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-<ieveloped 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 i!Ccordance with California Environmenti!I 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 analysis. Proceed and complete a project-specific Self-<ieveloped GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2 of 7 Revised 07121 City of Carlsbad Climate Action Pia,, 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: lonis Pharmaceuticals Lot 21 and Lot 22 Property Address/APN: Whiptail Loop/Lot 21 APN: 209-120-23-00, Lot 22 APN: 209-120-24-00 Applicant Name/Co.: Wayne Sanders/lonis Pharmaceuticals Applicant Address: 2855 Gazelle Court, Carlsbad, CA 92010 Contact Phone: 760-603-2562 Contact Email: wsanders@ionisph.com Contact information of person completing this checklist (if different than above): Name: Company name/address: Jessica Fleming RECON Environmental 3111 Camino del Rio N Ste 600, San Diego. CA 92108 Contact Phone: 619-308-9333 x177 Contact Email: jfleming@reconenvironmental.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): $_5_5...:._,5_0_0_:,_0_00 ______ _ □ Alterations: □ BPV < $60,000 N/A All residential alterations □ BPV 2!: $60,000 lA and 4A 1-2 family dwellings and townhouses with attached □ Electrical service panel upgrade 4A garages only Multi-family dwellings only where interior finishes are □ BPV 2!: $200,000 lA and 4A removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed I ~ Nonresidential ID New construction 18, 2B, 3B, 4B and 5 D Alterations: P-30 Page 3 of 7 Revised 07/21 l City of Carlsbad Climate Action Pl~, Consistency Checklist D BPV ~ $200,000 or additions ~ lB,5 1,000 square feet D 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 Please refer to carlsbad Ordinance No. CS-347 and the (allfornia Green Building Standards Code (CALGreen) for more information when completing this section. A. 0 Residential addition or alteration 2: $60,000 building permit valuation. See Ord. CS-347, Section 8. Year Built Single-family Requirements D Before 1978 Select one: D Duct sealing □ Attic insulation □ Cool roof □ 1978 and later Select one: D Lighting package □ Water heating package D Between 1978 and 1990 D 1991 and later B. ~ Nonresidential* new construction or alterations 2: $200,000 building permit valuation, or additions 2: 1,000 square feet. See CALGreen Appendix AS, Discussion AS.2, as amended in CS-347, Section 3. AS.203.1.1.1 liJl Outdoor lighting: .90 Allowed Outdoor Lighting Power AS.203.1.1.2 D Restaurant service water heating (comply with california Energy Code Section 140.5, as amended) AS.203.1.2.1 Choose one as applicable: D .95 Energy budget liJJ .90 Energy budget AS.211.1.** gJ On-site renewable energy AS.211.3** liJl Green power (if offered by local utility provider, 50% minimum renewable sources) AS.212.1 D Elevators and escalators AS.213.l liJl Steel framing P-30 Page 4 of 7 0 N/A _________ _ D Exception: Home energy score 2: 7 (attach certification) Multi-family Requirements □ Attic insulation Select one: D Attic insulation □ Duct Sealing □ Cool roof Select one: D Lighting package □ Water heating package □ N/A _________ _ □ N/A m N/A No restaurant service □ N/A □ N/A □ N/A liJl N/A Only one elevator Revised 07/21 City of Carlsbad Climate Action Pl I fConsistency Checklist 0 N/A • 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. A. 0 Residential new construction (for building permit applications submitted after 1/1/20). Refer to 2019 California Energy Code section 150.l(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 □ kWdc B. ~ Nonresidential new construction or alterations ~$1,000,000 BPVand affecting ~75% existing floor area, or addition that increases roof area by ~2,000 square feet. Please refer to Carlsbad Ordinance CS-347, Section 6 when completing this section. Choose one of the following methods: ED Gross Floor Area (GFA) Method GFA: 149,000 D If< 10,000s.f. Enter: 5 kWdc Min. System Size: (1fJ If~ 10,000s.f. calculate: 15 kWdc x (GFA/10,000) ** 224 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 07/21 City of Carlsbad Climate Action Pldrr'Consistency Checklist A. 0 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 h igh rise residential hotel/motel) or 150. l (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 wit h all of the following: D Gas or propane water heat ing 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 D Exception: B. g] 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): D 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: A. 0 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: D One EVSE ready parking space required □ Exception : D M ulti family residential· . □ Exception • Total Parking 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.") Installed Total P-30 Page 6 of 7 Revised 07/21 City of Carlsbad Climate Action Pia, Consistency Checklist *Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation l! $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 l! $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. B g:) Nonresidential new construction (includes hotels/motels) D Exception • Total Parking Spaces EVSE Spaces Proposed Capable Ready Installed Total 426 22 22 44 Calculation· Refer to the table below· Total Number of Parking Spaces provided Number of required EV Spaces Number of required EVSE Installed Spaces D 0-9 1 1 D 10-25 2 1 D 26-50 4 2 □ 51-75 6 3 □ 76-100 9 5 □ 101-150 12 6 □ 151-200 17 9 ~ 201 and over 10 percent of total 50 percent of Required EV Spaces A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use. B. Employee ADT/1,000 square feet is selected from the City of Carlsbad Employee ADT Table. Use GFA Employee ADT/1,000 S.F. Total Employee ADT Research and Development 149,000 4 for 1st 1,000 sf then 3.5 522 Employee ADT Total 522 ADT If total employee ADT is greater than or equal to 110 employee ADT, a TOM plan is required. *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 (LDE) staff to determine whether this policy applies to your project. TOM plan required: Yes m No □ LOE Staff Verification: □ _____ (staff initials) P-30 Page 7 of 7 Revised 07/21 .... -,, _________ ___,,-c-~------------.:C.,,,.:,__ _________ __, C cityof Carlsbad I INSTRUCTIONS: STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 F_araday.~venue (760) 602-2750 www .carlsbadca.gov 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: lonis Lots 21 and 22 PROJECT ID: ADDRESS· Intersection of Whiptail Loop and Gazelle Court, Carlsbad, CA • 92010 APN : The project is (check one): ~ New Development 0 Redevelopment The total proposed disturbed area is: 353,266 ft2 ( 8.1 ) acres The total proposed newly created and/or replaced impervious area is: 321,483 ft2 ( 7.4 ) 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 SWQMP#: Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. E-34 Page 1 of 4 REV 03/19 f I 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, [g] □ and oublic 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 □ IZI more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public develooment 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 □ 18:l 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 □ IZI development oroject includes development on anv natural slooe that is twentv-five percent or Qreater. 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 IZI □ a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. ls 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 [g] □ site? A street, road, highway, freeway or driveway is any paved impervious surface used for the transoortation 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 Environtn~ntally □ (&] 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 comminaled 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 □ IZI 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 □ 18:l RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADTJ 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) □ !RI If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment :>roject, 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 ... " ,md complete applicant information. f you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the ;econd box statina "Mv oroiect is a 'STANDARD PROJECT' ... " and complete applicant information. E-34 Page 3 of 4 REV 03/19 .... , STEP 1 I 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 □ ~ 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 " project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applic; information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If you answered "no" to the above question the project is a 'development project', Qo to Step 2. STEP2 I 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 answeI the following questions: Is your project LIMITED to one or more of the following: YES NC 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; OR □ ~ b) Designed and constructed to be hydraulically disconnected from paved streets or roads; OR c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets Quidance? 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, m 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 v. the USEPA Green Street guidance): If you answered ·no" to the above questions, your project is not exempt from PDP go to Step 3. E-34 Page 2 of 4 REV 03/19 -, STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS j ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES 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 impe surface and not the entire development. Go to step S, check the first box stating "My project is a PDP ... " and coI applicant information. If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, check th check the first box statinQ "My project is a PDP ... " and complete aoolicant information. STEPS CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION I&] My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. □ My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only 'comply with 'STANDARD PRO stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard I 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 calcul and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. , D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Jenna Clark Civil Engineer Applicant Name: Applicant Title: Applicant Signature: ~ c~ Date: 11-4-2021 .. • Environmentally Sens1t1ve Areas include but are not limited to all Clean Water Act Section 303(d) impaired water !Jodtes; areas designated as Areas o· Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); wate designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (H amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County oi San Diego ManaQement Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. This Box for City Use Only YES City Concurrence: □ By: Date: Project ID: E-34 Page 4 of 4 REV 03/19 ' Ccicyof Carlsbad Project Name: lonis Lots 21 and 22 Project ID: 21004 DWG No. or Building Permit No.: STANDARD PROJECT REQUIREMENT CHECKLIST E-36 Pr~ect lnfoffl!atlon " Source Control BMPs Development Services Land Development Engineering 1635 Faraday Avenue {760) 602-2750 www.carlsbadca.gov ;: All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible. See Chapter 4 and Appendix E.1 of the BMP Design Manual (Volume 5 of City Engineering Standards) for infonnation to implement source control BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the source control BMP as described in·Chapter 4 and/or Appendix E.1 of the Model BMP Design Manual. Discussion~ustification is not required. • "No" means the BMP is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "N/A" means the BMP Is not applicable at the project site because the project does not include the feature that is addressed by the BMP (e.g., the project has no outdoor materials storage areas). Discussion/justification may be orovided. Source Control Requirement ',, Applled? SC-1 Prevention of Illicit Discharges into the MS4 Ill Yes □No □ N/A Discussion/justification if SC-1 not implemented: SC-2 Storm Drain Stenciling or Signage Iii Yes □No □ N/A Discussion/justification if SC-2 not implemented: SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal □Yes □No 111 N/A Discussion/justification if SC-3 not implemented: The project does not propose outdoor material storage areas E-36 Page 1 of 4 Revised 09/16 Source Control Reaulrement (continued) Annlled? SC--4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and □Yes ONo 11 N/A Wind Dispersal Discussion/justification if SC-4 not implemented: The project does not propose outdoor work areas SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal Iii Yes □No 0 N/A Discussion/justification if SC-5 not implemented: SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and identify additional BMPs. (See Table in Aooendix E.1 of BMP Manual for guidance). D On-site storm drain inlets Ill Yes □No 0 N/A □ Interior floor drains and elevator shaft sump pumps II Yes □No 0 N/A D Interior parking garages □Yes □No 111 NIA D Need for future indoor & structural pest control (I Yes □No 0 NIA O Landscape/Outdoor Pesticide Use Ill Yes □No 0 N/A D Pools, spas, ponds, decorative fountains, and other water features □Yes □No Iii N/A D Food service □Yes □No 111 N/A □ Refuse areas □Yes □No 11 N/A □ Industrial processes □Yes □No Iii N/A □ Outdoor storage of equipment or materials □Yes □No Iii N/A D Vehicle and Equipment Cleaning □Yes □No Iii N/A □ Vehicle/Equipment Repair and Maintenance □Yes □No Iii N/A D Fuel Dispensing Areas □Yes □No Iii N/A D Loading Docks □Yes □No Iii N/A □ Fke Sprinkler Test Water Ii Yes ONo 0 N/A □ Miscellaneous Drain or Wash Water Ii Yes □No 0 N/A D Plazas, sidewalks, and parkinQ lots Iii Yes □No 0 N/A For "Yes" answers, identify the additional BMP per Appendix E.1 . Provide justification for "No" answers. BMPs will be in the form of Bioretention basins (BF-1) per calculations and exhibits and Proprietary Flow-thru Treatment Control (E-210). E-36 Page 2 of 4 Revised 09/16 0 Site Deelgn BMPs All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible. See Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement site design BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of the Model BMP Design Manual. Discussion/ justification is not required. • "No• means the BMPs is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "N/A" means the BMPs is not applicable at the project site because the project does not include the feature that is addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussion/justification may be provided. Site Design Requirement I Applled? SD-1 Maintain Natural Drainai:ie Pathwavs and Hydrologic Features I lilYes I ONo ID N/A Discussion/justification if SD-1 not implemented: SD-2 Conserve Natural Areas, Soils, and Vegetation I ■ Yes I □No ID N/A Discussion/justification if SD-2 not implemented: SD-3 Minimize Impervious Area I III Yes 1 □No IO NIA Discussion/justification if S0-3 not implemented: SD-4 Minimize Soil Compaction I Iii Yes 1 □No I D NIA Discussion{justification if SD-4 not implemented: SD-5 Impervious Area Dispersion I ■Yes I ONo IO NIA Discussion(justification if SD-5 not implemented: E-36 Page 3of4 Revised 09/16 Site Dulan Raaulrement {continued) " I Annlled? SD-6 Runoff Collection I □Yes I ■No I □ N/A Discussion/justification if SD-6 not implemented: The project is not anticipated to have adequate need for runoff collection to make it practical SD-7 Landscaping with Native or Drought Tolerant Species I 11Yes I 0 No I ON/A Discussion{Justification if SD-7 not implemented: SD-8 Harvesting and Using Precipitation I □Yes I Iii No IO NIA Discussion{Justification if SD-8 not implemented: The project is not anticipated to have adequate need for harvest and reuse to make it practical. See Form K-7. E-36 Page4 of 4 Revised 09/16 ' CLTA Preliminary Report Fo m (Rev. 11/06) Order Number: NHSC-6713276 (DG) Page Number: 1 Mallorie Klemens IONIS 2855 Gazelle Court Carlsbad, CA 92010 Customer Reference: Order Number: Title Officer: Phone: Fax No.: E-Mail: Buyer: Property: First American 1itle 182187 IONIS . LOTS 21 & 22, SITE TITLE MAP 16145 First American Title Company 1250 Corona Pointe Court, Suite 200 Corona, CA 92879 Lots 21 & 22 Carlsbad Oaks North NHSC-6713276 (DG) Derek Gray (951)256-5880 degray@firstam.com Carlsbad, CA PRELIMINARY REPORT JUN 15·2C22 In response to the above referenced application for a policy of title insurance, this 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 hereinalter 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 below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. Toe printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. Tne 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 patties. Limitations on Covered Risks applicable to the CL TA 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 Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. Please be advised that any provision contained in this document, or in a document that is attached, linked or referenced in this document, that under applicable law illegally discriminates against a class of individuals based Arst American Title ' Order Number: NHSC-6713276 (DG) Page Number: 2 upon personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or any othe..-legally protected class, is illegal and unenforceable by law. This report (and any supplements or amendments hereto) 1s issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it 1s desired that liab1l1ty be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title Dated as of October 15, 2021 at 7:30 A.M. Order Number: NHSC-6713276 (DG) Page Number: 3 The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: IONIS PHARMACEUTICALS, INC., A DELAWARE CORPORATION The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2021-2022. [:] 2. [:] First Installment: Penalty: Second Installment: Penalty: Tax Rate Area: A. P. No.: Affects: (Affects LOT 21) $34,652.37, OPEN $0.00 $34,652.37, OPEN $0.00 09013 209-120-23-00 General and special taxes and assessments for the fiscal year 2021-2022. First Installment: Penalty: Second Installment: Penalty: Tax Rate Area: A. P. No.: $34,053.01, OPEN $0.00 $34,053.01, OPEN $0.00 09013 209-120-24-00 First American Title NP ' INP @] NP 3. Affects: (Affects LOT 22) Order Number: NHSC-6713276 (DG) Page Number: 4 Assessment liens, if applicable, collected with the general and special taxes, including but not limited to those disclosed by the reflection of the following on the tax roll: Community Facilities District CARLSBAD CFO #3 IMP 2. 4. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No. 1, as disclosed by Notice of Special Tax Lien recorded May 20, 1991 as Instrument No. !_~1-0236959 of Official Records. Document(s) declaring modifications thereof recorded June 29, 2004 as Instrument No. 2004- 0606773 of Official Records. 5. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. None due and payable as of the date of Policy. 6. 17· 8. 9. The terms and provisions contained in the document entitled "Payment of a Public Facilities Fee" recorded December 03, 1981 as Instrument No. 81-380028 of Official Records. The terms and provisions contained in the document entitled "Payment of a Public Facilities Fee" recorded December 11, 1985 as Instrument No. 85-466658 of Official Records. RESTRICTIONS ON PROPERTY-ALL DEVELOPMENT IS LIMITED BY PERMITS, AND DOCUMENTS .. -SEE DOC Proximity of the Planned or Existing Palomar Airport Road and Melrose Drive Transportation Corridors Case No: CT 97-13" recorded November 09, 2004 as Instrument No. 2004-1066058 of Official Records. 10. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded December 15, 2004 as Instrument No. 2004-11@067 of Official Records. ----1. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological Failure" recorded December 15, 2004 as Instrument No. 2004-1189Q~~ of Official Records. NP 12. ents assess as Instr COMMON AREA EASEMENTS FOR UTILITIES, LANDSCAPING, DRAINAGE/OTHER FACILITIES/INGREE & EGRESS AND MAINTENANCE ON SITE LOTS THESE EASEMENTS ARE FROM BACK OF CURB TO TOP OF SLOPES (SLOPES SHOWN ON DOC 12. NOT NEW GRADING) I 11.:,(. r,f fl~I /1.,..QI I f Ill~ 2B. OFFSITE pc RE ~NNEXATION fLANKET OVER i\USITE PARCELS 112c 13. 14. ~15. ~16. 16 IMPORTANT CONDITIONS FOR DEVELOPMENT. SEE DOCS. INCLUDES -SITE DISTANCE CORRIDOR. NO STRUCTURES OVER 30" HIGH 17. [!D Order Number: NHSC-6713276 (DG) Page Number: 5 Note: You may wish to contact the homeowners association referred to in the above document for information regarding assessments, transfer requirements or other matters. thereof recorded March 20, 2013 as Instrument No. 2013- 175873 of Official Records. arafion o annexa ion recorded October 25, 2016 as Instrument No. 2016-576403 of Official Records, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in california Government Code§ 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or california Government Code§ 12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded September 02, 2016 as Instrument No. 2016-460153 of Official Records. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological Failure" recorded September 02, 2016 as Instrument No. 2016-460154 of Official Records. gress and egres r rom Wniotail Coo a access o a 1ca e or re mgyis ea on ffie filed ACCESS ONLY ALLOWED AT ACCESS OPENINGS The following matters shown or disclosed by the filed or recorded map referred to in the legal description: Non-Mapping Notes SITE DISTANCE CORRIDORS PLOTTED AND SHOWN Th rms Provisio necf in ffie aocu ce AJJree , 2018 as Instr .-.==,.,,_ PRIVATE ACCESS & MAINTENANCE ESMT SHOWN Affects: Lot 21 Arst American Title f NP 18. Order Number: NHSC-6713276 (DG) Page Number: 6 Rights of the public in and to that portion of the Land lying within any Road, Street, Alley or Highway. 19. Water rights, claims or title to water, whether or not shown by the public records. 20. Rights of parties in possession. Prior to the issuance of any policy of title insurance, the Company will require: 21. With respect to IONIS PHARMACEUTICALS, INC, a Delaware corporation: a. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. b. A certified copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. First American Title Order Number: NHSC-6713276 (DG) Page Number: 7 INFORMATIONAL NOTES Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable 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. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. The property covered by this report is vacant land. 2. According to the public records, there has been no conveyance of the land within a period of twenty- four months prior to the date of this report, except as follows: None 3. We find no outstanding voluntary liens of record affecting subject property. Disclosure should be made concerning the existence of any unrecorded lien or other indebtedness which could give rise to any possible security interest in the subject property. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title ' Order Number: NHSC-6713276 (DG) Page Number: 8 First American Title WIRE INSTRUCTIONS for First Arnencan Title Company 1250 Corona Pointe Court, Suite 200 Corona, CA 92879 (951)256·5880 Fax -(909)476-2401 First American Title Company, Demand/Draft Sub-Escrow Deposits Riverside County, California First American Trust, FSB 5 First American Way Santa Ana, CA 92707 Banking Services: (877) 600-9473 ASA 122241255 Credit to First American Title Company AccountNo.3097840000 Reference Title Order Number 6713276 and Title Officer Derek Gray Please wire the day before recording. First American Title CLTA Preliminary Report Fo ,n (Rev. 11/06) Order Number: NHSC-5567335 (06) Page Number: 1 182187 IONIS. Title 10.11 .2017 for Lot 25, map 16145 contains offsite improvements south of site First American .. itle Techbilt Companies 3575 Kenyon Street San Diego, CA 92110-5333 Customer Reference: Order Number: Title Officer: Phone: Fax No.: E-Mail: Buyer: Property: First American Title Company 4380 La Jolla Village Dr, Suite 200 San Diego, CA 92122 NCS-873350-SD NHSC-5567335 (06) Dianne Livingston (858)410-1303 (714)913-6750 dslivingston@firstam.com Vacant Land PRELIMINARY REPORT JUN 16·2022 CITY o:= CARLSBAD PLANNIIJG Ol\/1S\0~ I In response to the above referenced application for a policy of title insurance, this 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 below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration dause. When the Amount of Insurance is less than that set forth in the arbitration dause, 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 Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and e.xclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. First American Title Order Number: NHSC-5567335 {06) Page Number: 2 This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating tile issuance of a policy of title insurance and no liability 1s assumed hereby. If it 1s desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title NP Dated as of October 11, 2017 at 7:30 A.M. Order Numoer: NHSC-5567335 (06) Page Number: 3 The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: TECHBILT CONSTRUCTION CORP., A CALIFORNIA CORPORATION The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2017-2018. First Installment: $30,921.32, OPEN Penalty: $0.00 Second Installment: $30,921.32, OPEN Penalty: $0.00 Tax Rate Area: 09013 A. P. No.: 209-120-27-00 2. Supplemental taxes for the year 2016-2017 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $10,441.05, DUE Penalty: $0.00 Second Installment: $10,441.05, DUE Penalty: $0.00 Tax Rate Area: 09013 A. P. No.: 869-275-45-76 First American Title NP Order Num'ber: NHSC-5567335 (06) Page Number: 4 3. Assessment liens, if applicable, collected with the general and special taxes, including but not limited to those disclosed by the reflection of the following on the tax roll: Community Facilities District Carlsbad CFD #3 IMP 2. 4. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No.1, as disclosed by Notice of Special Tax Lien recorded May 20, 1991 as Instrument No. 1991-0236959 of Official Records. Document(s) declaring modifications thereof recorded June 29, 2004 as Instrument No. 2004- 0606773 of Official Records. 5. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 6. The terms and provisions contained in the document entitled "Payment of a Public Facilities Fee" recorded December 3, 1981 as Instrument No. 81-380028 of Official Records. 7. The terms and provisions contained in the document entitled "Payment of a Public Facilities Fee" recorded December 11, 1985 as Instrument No. 85-466658 of Official Records. SAME AS 8. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" SITE 8 recorded November 9, 2004 as Instrument No. 2004-1066056 of Official Records. site title NP SAME AS 12 site title 9. The terms and provisions contained in the document entitled "Notice and Waiver Concerning Proximity of the Planned or Existing Palomar Airport Road and Melrose Drive Transportat ion Corridors Case No: CT 97-13" recorded November 9, 2004 as Instrument No. 2004-1066058 of Official Records. 10. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded December 15, 2004 as Instrument No. 2004-1180067 of Official Records. 11. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological Failure" recorded December 15, 2004 as Instrument No. 2_()04-1180068 of Official Records. 12. The terms and provisions contained in the document entitled "Agreement Between Developer/Owner and the City of Carlsbad for the Payment of a Local Drainage Area Fee" recorded December 21, 2004 as Instrument No. 2004-1201221 of Official Records. 13. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded February 5, 2007 as Instrument No. 2007-0081082 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in California Government Code§ 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code § 12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Arst American Title Order Number: NHSC-5567335 (06) Page Number: 5 Note: You may wish to contact the homeowners association referred to in the above document for information regarding assessments, transfer requirements or other matters. Document(s) declaring modifications thereof recorded March 20, 2013 as Instrument No. 2013- 0175873 of Official Records. SAME AS SITE 12 A declaration of annexation recorded October 25, 2016 as Instrument No. 2016-0576403 of Official Records, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in California Government Code§ 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code § 12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. site title SAME AS 14. Abutter's rights of ingress and egress to or from Whiptail Loop and Gazelle Court except at access 15 SITE opening permitted hereon, have been dedicated or relinquished on the filed Map. TITLE SAME AS SITE 16 SITE TITLE 15. The following matters shown or disclosed by the filed or recorded map referred to in the legal description: Non-Mapping Notes: 1. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Steet-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition. 2. Building permits will not be issued for this project unless the appropriate agency providing water and sewer services to the project provided written certification to the city that adequate water service and sewer facilities, respectively, are available to the project time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 3. Geotechnical Caution: The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any Geotechnical failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. 16. A Deed of Trust to secure an original indebtedness of $11,655,000.00 recorded November 1, 2016 as Instrument No. 2016-0591601 of Official Records. Dated: Truster: Trustee: Beneficiary: Affects: October 31, 2016 Techbilt Construction Corp., a California corporation Genevieve Tchang Frost Carlsbad Oaks North Partners, L.P., a California limited partnership The land and other property. First American Title NP Order Number: NHSC-5567335 (06) Page Number: 6 Notes: a. If this deed of trust is to be eliminated in the policy or policies contemplated by this report/commitment, we will require all of the following prior to the recordation of any documents or the issuance of any policy of title insurance: i. Original note and deed of trust. ii. Payoff demand statement signed by all present beneficiaries. iii. Request for reconveyance signed by all present beneficiaries. b. If the payoff demand statement or the request for reconveyance is to be signed by a servicer, we will also require a full copy of the loan servicing agreement executed by all present beneficiaries. c. If any of the beneficial interest is presently held by trustees under a trust agreement, we will require a certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company 17. Water rights, claims or title to water, whether or not shown by the public records. 18. Rights of parties in possession. Prior to the issuance of any policy of title insurance, the Company will require : 19. With respect to Techbilt Construction Corp., a California corporation: a. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. b. A certified copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. First American Title Order Number: NHSC-5567335 (06) Page Number: 7 INFORMATIONAL NOTES Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable 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. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. The property covered by this report is vacant land. 2. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: A document recorded November 1, 2016 as Instrument No. 2016-0591600 of Official Records. From: To: Carlsbad Oaks North Partners L.P., a California limited partnership Techbilt Construction Corp., a California corporation The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, ff any, to which this map is attached. First American ntle Order Number: NHSC-5567335 (06) Page Number: 8 First American Title WIRE INSTRUCTIONS for First American Title Company 1250 Corona Pointe Court, Suite 200 Corona, CA 92879 (951)256-5880 Fax -(909)476-2401 First American Title Company, Demand/Draft Sub-Escrow Deposits Riverside County, California First American Trust, FSB 5 First American Way Santa Ana, CA 92707 Banking Services: (877) 600-9473 ABA 122241255 Credit to First American Title Company AccountNo.3097840000 Reference Title Order Number 5567335 and Title Officer Dianne Livingston Please wire the day before recording. A"rst American Title Order Number: NHSC-5567335 {06) Page Number: 9 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 25 OF CARLSBAD TRACT NO. 97-13-03, CARLSBAD OAKS NORTH PHASE 3, ACCORDING TO MAP THEREOF NO. 16145, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF 5AN DIEGO COUNTY, CALIFORNIA, ON OCTOBER 13, 2016 A5 DOCUMENT 2016-7000438 OF OFFICIAL RECORDS. APN: 209-120-27-00 First American Title I 09 ll ! 15 I ~ i i i ; j i ~ I i vi ill ...,. h " ::l I ~ !')· :r tu ~ :::::, ~ I ?&' .. i 'l i I I ti ; ~ i 1 f Of'Oj SPACE R 2s'¥Ac ~ SHT 2 OPtN SPAa: A N00'28'01-W 8.11 8 "'5JiSJO"f 15.1!!1 C N56'49'30"W 85.~5 D R•284 26.8SI E N52'.l3'2J ... 1'&70 f N48'06'JO"E 21.811 G R•100 60 H N4.l'05'!8"E 7&45 J R•56 177.34 mfil '® SHT I ""~CD.Iii\'-~.,, t 209-12 SHT 1 OF 2 ,. = 400' OJ/22/17 '-f:ll ___ ,,, •--&--.Y..J>UI "'H--;, 1'.1( I''-., _,,,, "'"" •i'R~ .. , ...... , . . /O M'}I III ' " ... . "" ,,. ,,, ,. " .. , 6 •· . ,, ... . Dlr&10 ti 1• KO ACCESS 2• MfPTAll LOOP J• CAAl80U CT 4' C"2W.£ CT I I • s• S[[ RE'.CORO M,.,P 14926 FCfi Aca'.SS UX:A TIClfS MAP 16145 -CARLSBAD TCT NO 97-13-03 CARLSBAD OAKS NORTH PHASE 3 MAP 15505 -CARLSBAD TCT NO 97-13-02 CARLSBAD OAKS NORTH PHASE 2 MAP 14926 -CARLSBAD TCT NO 97-13-01 CARLSBAD OAKS NORTH PHASE 1 MAP 823 --: RHO AGUA HEDIONDA -POR LOT B _J -oO DJ a. \0 ct) ct) .., zz CC ~& ct) ct) :-1 :: ..... z OI ti) n I lJ1 lJ1 °' -.J w w lJ1 ........ 0 -S NOTICE Order Number: NHSC-5567335 (06) Page Number: 11 Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub- escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. First American Title EXHIBIT A Order Number: NHSC-5567335 (06) Page Number: 12 LIST Of PRINTED EXCEPTIONS AND EXCLUSIONS {BY POLICY TYPE) CLTA STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (1) the occupancy, use, or enJoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (IIi) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exerose thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the nghts of a purchaser for value without knowledge. 3. Defects, liens, enOJmbrances, adverse claims or other matters: (a) whether or not recorded In the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded m the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c} resulting In no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e} resulting In loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the 1nab1l1ty or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land Is situated. 5. Inval1d1ty or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting m the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public, records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or whrch may be asserted by persons In possession thereof. 3. Easements, hens or encumbrances, or claims thereof, not shown by the public records. 4. DIscrepanoes, conflicts m boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions In pa:ents or in Acts authonzing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or matenal not shown by the public records. First American Title Order Number: NHSC-5567335 (06) Page Number: 13 CL TA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land d1v1sion; and f. environmental protection. This Exclusion does not limit the coverage described In Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your exIstIng structures, or any part of them, to be constructed In accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning It. This Exclusmn does not limit the coverage described In Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage descnbed in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a nght: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described In Covered Risk 11 or 21. 7. Toe transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks Is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of L1abilIty shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1 % of Policy Amount Shown In Schedule A or $2,500 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5,000 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5,000 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $2,500 (whichever Is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar LImIt of LIabilIty $10,000 $25,000 $25,000 $5,000 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys· fees, or expenses that anse by reason of: 1. (a) Any law, ordinance, permit or governmental regulation (including those relating to building and zoning) restricting, regulating, proh1b1ting, or relating to (1) the occupancy, use, or enJoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; First American Title • (1ii) the subdivision of land; or (1v) environmental protection; Order Number: NHSC-5567335 (06) Page Number: 14 or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Oaimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in los.s or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the hen of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable do1ng-bus1nes.s laws of the state where the Land Is situated. 5. Invalidity or unenforceabihty In whole or m part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and Is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, Is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or asses.sments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage In the Public Records. This Exclusion does not modify or l1m1t the coverage provided under Covered Risk ll(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE [Except as provided in Schedule B -Part 11,[ t[or Tihis policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: [PART I [The aOOve policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or as.sessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or as.sessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons rn possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. s. (a) Unpatented mining claims; (b) reservations or exceptions In patents or in Acts authonzIng the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. PART II In addition to the matters set forth in Part I of this Schedule. the Title is subject to the following matters. and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:] 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of ttus policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: L (a) Any law, ordinance, permit, or governmental regulation (including those relating to bu1ld1ng and zoning) restricting, regulating, prohibiting, or relating to First American Title • (i) the occupancy, use, or enioyment of the Land; Order Number: NHSC-5S6733S (06) Page Number: 15 (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdIvIsion of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This B:clusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. nus Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Oaimant and not disclosed in wntIng to the Company by the Insured Claimant pnor to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or lImIt the coverage provided under Covered Risk 9 or 10); or (e) resulting in loss or damage that would not have been sustained 1f the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the l7tle as shown In Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated In Covered Risk 9 of this policy. 5. Any lien on the l7tle for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addItIon to the above Exclusions From Coverage, the Exceptions from Coverage In a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: [The above policy form may be issued to afford either Standard co..,erage or Extended Co..,erage. In addition to the atxwe Exclusions from Coverage, the Exceptions from Cowrage In a Standard co..,erage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as exIstIng liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons In possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, ..,1olat1on, variation, or ad..,erse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or rrght to a lien for services, labor or material not shown oy the Public Records. 7. [Variable exceptions such as taxes, easements, CC&R's, etc. showr here.] ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the co..,erage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or go..,ernmental regulation (including those relating to building and zoning) restrIctIng, regulating, proh1bIting, or relating to (i) the occupancy, use, or enJoyment of the Land; (iI} the character, dimensions, or location of any Impro..,ement erected on the Land; (11i) the subdivision of land; or (i") environmental protection; or the effect of any ..,1olat1on of these laws, ordinances, or go..,ernmental regulations. This Exclusion l(a) does not modify or limit the coverage pro..,Ided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. Tl11s Exclusion l(b) does not modify or l1m1t the coverage pro..,1ded under Covered Risk 5, 6, 13(c), 13(d), First American Title • l4or16. 2. Rights of eminent domain. This Exclusion does not modify or l1m1t the coverage provided under Covered Risk 7 or 8. 3. Defects, hens, encumbrances, adverse da1ms, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed In writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or ltmIt the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting m loss or damage that would not have been sustained 1f the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceab1l1ty or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A Is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or l1m1tthe coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided In Covered Risk ll(b) or 25. 8. The failure of the resIdentIal structure, or any portion of It, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided In Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, Is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated In Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, v1brat1on, fracturing, earthquake, or subsidence. 11 _ Negligence by a person or an Entity exerosing a right to extract or develop minerals, water, or any other substances. First American Title ' ' . ~ I First American Title Privacy Information we Ar-e Committed to Safeguai-ding Customer Information Jn order to better serve your needs now and "' the Mure, we may ask you to prov,de us w,117 certain 1nlormat1on. We unde™<Jr,d that you may t:€ concerned about what we will do w,th such ,nforrnat,on -particularly any personal or finanoal 1nformaboo, We agree that you have a nght to know how we w1II ut,hze the personal 1nformatIon you pro,ide to us. Tnerelore, together with our sut>sId,ane,; we ~ve adopted this Pn,acy Policy to govern the use and hafldlIng of your personal InrormatIon. Applicability This Pnvacy Policy governs our use of the ,nformatIon ttiat you prowle to us. It does not govern the m1mner ,n which we may use ,nformat,on we ha"" obtained from any other source, such as ,nforn,at,on obtamed from a public record or from anothe< pers;c,n or entity f-lrst Amencan has alsc adopted broader gu,delInes that govern our use of per;o,ial 1nformat<>n regardless of ,ts sourte F,rst Amer,can calls these gu1del1r>es ,ts Fair Information Values Types of Information Depending upon which of our services you are uPlizIng, the t,,pes of nonpubloc personal information :hat we may collect 1r1dude. • JnformaOon we receive from yoo on appl,cat,ons, forms and ,n other commumcat,ons to us, whether ,n wnoog, ,n per<SOn, t,y telephone or any other means, • JnformaOon about your transactions with us, our affiliated compan,es, or ottiers; and • lnformaoon we receive from a consumer reporting agency. Use of Information we request ,nformaijon from you for our own 1eg,omate business purposes arid not for the benefit of any n0<1affil1ated party. Therefore, we will not release yoor ,nformat,o,i to nor1affihated parties except (!) as necessary for us to provKJe the product or service you have requested of us; or (2) as permitted by law We may, however, store such mformaOoo 1ndefin1tely, 1ndud1ng tl7e per,od alter which any customer relat1onsh1p has ceased. Such ,nformaMr> may be used for any ,nternal purpose, such as quality control efforts or custorro,r analysis we may also prov,de all or the types of nonpublic personal 1nformaOon listed above to one or more of our affiliated compan,es. Such affiliated companies include financial service providers, such as t1Ue ,nsurecs, property and casualty ,nsllrerS, and trust and investment adv,so,y compames, or compames m-olved ,n real estate serv,ces, suet, as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to compames that perfo--m marketing servoces on our behalf, on behalf of our affiliated comDanies or to other financ,al ,nstiwtions with whom we or our affil1atro companies have joint marketing agreements Former Customers Even if you are no lor,ger our customer, our Pn,acy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no ur1authon,ed p,,rt,es have access to any cf your 1nformat<>n. We restna access to nonpublic per<;0nal information about you to th= 1ndMduals and entities who need to know that rnformahOn to provide products or serv,ces to you, We will use our best efforts to tra,n and oversee our employees and agents to ensure that your 1nformaOon w,U be handled responsobly and In accordance with th,s Pnvacy Policy and Fiest American's Fair lnformaMn Values, We currently maIntaIn physocal, ~ectrornc, arid procedural safeguards that comply with federal regulations to guard your r1onoubl1c personal ,nformat,on. Information Obtained Through Our Web Site First Amen can F1nanc1al Corporation is sensi~ve to prrvacy issues on the Internet We bel,eve ,t Is Ime>ortant you know how we treat the ir1format1on about )'00 we recei,e on the Internet. !n general, you can v,srt F,rst American or ,ts affiliates' Web sites on the Wor1d Wide Web w,thout telltng us who yoo are or revealIr>g any 1nformat1on about yourself Our Web servers collect the domain narro,s, not the e-mail aodresses, of visitors. This 1nformanon ,s aggregated to measure ne number of vIsIts, average time spent on the site, µages ,i~wed and similar 1nformat1on. First Arro,rican uses tfos 1nformaijon to measure the use of our site and to de,elop ,deas to ,mprove the rnntent of our SLte There are tirro,s, however, when we ,nay need 1nformaMn from you, such as your name and email address. When 1nformatIon is needed, we w,II use our best efforts to let you know at the hrro, or c.ollec!,on how we will use the personal ,ntormat1on. Usually, the personal information we collect ,s used only by us to respond to your ,nqu,,y, (l<OCe% an order or allow you to access spec,ftc account/profile 1nforrnaoon, If you choose to share any pe,sonal ,nformatIon with us, we will ooly use It In accordance with the policies ou!l1ned above Business Relationships First Amencan F1nanc1al CorDQration's s,te and ,ts affiliates· sites may conta,n links to other Web sites. While we try to link only to sites that share our high standards and respect for pnvacv, we are not responsible for the content or the privacy practices emDloyed by other sites. Cookies Some of First Amencar1\ Web sites may make use of ··cook,e" technology to measure site activity and to customize information to your personal tastes, A cookie IS an element of data that a Wet, s,te can send to your browser, which may then store the cook<e on your hard drive Firs!Am.com uses stored cookies, The goal of this technology IS to better serve you when v,s,Mg our site, save you t,rro, when you are here and to provide you wrth a more meaningful and produchve Web s,te expenence Fair Information Values Fairness we consider consumer expectations about their pnvacy In all our businesses we only offer products and services that assure a ravorable balance lletween consumer benefits and consumer pnvacy Public Record We believe that an open public record r.reates sogmficant value for society, enhances consumer cho,ce and creates consurro,r opportunity. We actively supoort ar, open pubhc record and emphasi,e It,; ,mp::,rtance and contnbut,on to our economy, Use We believe we should behave respoosIbly when we use 1nformat,o,i about a consumer ,n our business, We w,11 obey the laws governing the collectJon, use and dissemInatIon of dara. Accuracy We will take reasonable steps to help assure tile accuracy of ttie data we collect, use and d,ssem,nate. Where possible, we w,II @ke reasonable steps to correct ,naccurate ,nformat,on When, as w1tl1 the public record, we canMt correcl ,naccurate 1nformabon, we will t,,ke all reasonable steps to assist consumers ,n 1dent1fy1ng the source of the erroneous data so that the consumer can secure the required correct,ons. Education We endeavor to edocate the users of our products and services, our empjoyees and otherS ,n our ,ndustry about the importance of consumer pnvacy, We will 1r1\truct our employees on our fa,r 1r1rormat1on values arid on the responsible collection and use of data we will encourage others ,n our industry to collect and use 1nforn,at1Cn In a responsible manner. Security we will maIntaIn appropnate facilities and systems to prote<t against unauthomed access to and corruption of the data we ma,nta,n. Form 50-PRIVACY (9/1/10) Page l of l Privacy Information (2001-2010 F<rst American Financial Corporation)