HomeMy WebLinkAboutSDP 2018-0012; IONIS PHARMACEUTICALS; Site Development Plan (SDP)('city of
Carlsbad
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits
D Coastal Development Permit
D Conditional Use Permit
D Minor D Extension
D Day Care (Large)
D Minor
D Environmental Impact Assessment
D Habitat Management Permit
D Hillside Development Permit
D Minor
D Minor
D Nonconforming Construction Permit
D Planned Development Permit D Minor
D Residential D Non-Residential
D Planning Commission Determination
D Reasonable Accommodation
Ix] Site Development Plan
D Special Use Permit
Ix] Minor
~ Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
D Variance D Minor
(FOR DEPT. USE ONLY) Legislative Permits
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7.-<Jl~-O012...
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D General Plan Amendment
D Local Coastal Program Amendment
□ Master Plan □Amendment
□ Specific Plan □Amendment
□ Zone Change
□ Zone Code Amendment
South Carlsbad Coastal Review Area
Permits
D Review Permit
D Administrative D Minor D Major
Village Review Area Permits
D Review Permit
D Administrative D Minor D Major
(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.
ASSESSOR PARCEL NO(S):
LOCATION OF PROJECT:
NAME OF PROJECT:
BRIEF DESCRIPTION OF
PROJECT:
PROJECT VALUE
(SITE IMPROVEMENTS)
FOR CITY USE ONLY
Development No.
P-1
*SAME DAY APPOINTMENTS ARE NOT AVAILABLE
Lot 25: 209-120-27-00 Lot 14: 209-120-20-00
2855 Gazelle Court, Carlsbad, CA 9201 0
(STREET ADDRESS)
lonis Conference Center
Site Development Application for a new 2-story conference center for lonis Pharmaceuticals
$12.5 million ESTIMATED COMPLETION DATE February 2020
Lead Case No.
Paoe 1 of 6 Revised 03/17
.
OWNER NAME (PLEASE PRINl 1
INDIVIDUAL NAME
(if applicable):
COMPANY NAME
(if applicable): lonis Pharmaceuticals, INC.
MAILING ADDRESS: 2855 Gazelle Court
CITY, STATE, ZIP: Carlsbad, CA 9201 O
TELEPHONE: 760.603.2562
EMAIL ADDRESS: WSanders@ionisph.com
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS
SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR
PURP ._OF THIS LICATION.
'I
APPLICANT NAM (PLEASE PRINT)
INDIVIDUAL NAME
(if applicable):
COMPANY NAME
(if applicable): lonis Pharmaceuticals, INC.
MAILING ADDRESS: 2855 Gazelle Court
CITY, STATE, ZIP: Carlsbad, CA 92010
TELEPHONE: 760.603.2562
EMAIL ADDRESS: WSanders@ionisph.com
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE.
APPLICANT'S REPRESENTATIVE (Print): Jon B. Ohlson, C/0 DGA Architects ----------------------------MA I LING ADDRESS: 2550 Fifth Ave., Suite 115
CITY, STATE, ZIP: San Diego, CA 92103
TELEPHONE: 619.685.3990
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
INFOR ATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOW ED
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. IM/E 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
:HE LA ND Bl~CCESSORS IN INTEREST.
ROPERTY OWNER SIG TURE
FOR CITY USE ONLY
P-1 Page 2 of6
RECEIVED
JUL 31 2018
CITY OF Cl•J,LSB.t\D
PLANNING DIVISION DATE ST AMP APPLICATION RECEIVED
RECEIVED BY:
I ~
Revised 03/17
(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 provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person___________ Corp/Partlonis Pharmaceuticals Inc.
Title Title --------------------------
Address _________ _ Address 2855 Gazelle Court, Carlsbad, CA
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
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person__________ corp/Part Ion is Pharmaceuticals Inc.
Title ------------
Address _________ _
Title _____________ _
Address2855 Gazelle Court
Carlsbad, CA 92010
Page 1 of 2 Revised 07/10
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 Profit/Trust ·--------Non Profit/Trust '------------
Title Tit I e --------------------------
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.
lonis Pharmamceuticals, Inc.
Print or type name of owner
P-1(A)
~7/n,k8' Signreofapplicantldat
lonis Pharmaceuticals, Inc.
Print or type name of applicant
Page 2 of 2 Revised 07/10
-------------r---------------,-),-------------
( City of
Carlsbad
PROJECT NAME:
APPLICANT NAME:
PROJECT DESCRIPTION
P-1(8)
lonis Conference Center
lonis Pharmaceuticals
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
lonis Pharmaceuticals (lonis) is outgrowing their current space at 2855 Gazelle Court. The building
currently is housing 346 employees and has maximized the existing available space within the building for
growth. In order to accommodate their continued growth, lonis is looking to relocate some of their current
conference rooms which reside within the main building, to a new approximately 74,000 S.F. stand-alone
building on an adjacent site, as illustrated in the attached documents. The adjacent site (Lot 25) will be
consolidated with the current site (Lot 14) to form a campus for lonis. The new building will also house
additional conference rooms, and a new lecture hall to help fulfill the needs for a training room and "All
hands" meeting room. Additional storage space, restrooms, and kitchens will also be provided in the new
building. There will also be approximately 10,000 square feet reserved for future growth. This additional
future square footage would house approximately 50 new employees. This area for future growth will most
likely be constructed as R&D office space to free up current office space in the existing headquarters
building for additional labs.
In addition, lonis would like to add a landscaped median/round-a-bout in the existing Gazelle Court
cul-de-sac, since Gazelle Court will only be serving their two properties. This modification will enhance the
arrival experience to the lonis Campus Headquarters and Conference Center buildings.
P-1(B) Page 1 of 1 Revised 07/10
( City of
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
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):
Ii] 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 are contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: Jon B. Ohlson C/0 DGA Architects
Address:2550 Fifth Ave., Suite 115
San Diego, CA 92103
Phone Number: 619.685.3990
PROPERTY OWNER
Name: Ion is Pharmaceuticals
Address:2855 Gazelle Court
Carlsbad, CA 92010
Phone Number: 760.603.2562
Address of Site: Lot 25 Gazelle Court, Carlsbad, CA 92010
Local Agency (City and county): City of Carlsbad, County of San Diego
Assessor's book, page, and parcel number:_2_0_9_-_1_2_0_-2_7_-0_0 ____________ _
Specify list(s):_N_I_A __________________________ _
Regulatory Identification Number:,_N_I_A ____________________ _
Dateoflist:July 18, 2018
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 02/13
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: ___________ (To be completed by City)
Application Number(s): ________________________ _
General Information
1.
2.
3.
lonis Conference Center Name of project: _______________________ _
Name of developer or project sponsor: Ion is Pharmaceuticals
Address: 2855 Gazelle Court
City, State, Zip Code: Carlsbad, CA 92010
Phone Number: 760-603-2562
Jon Ohlson C/0 DGA Architects Name of person to be contacted concerning this project: ___________ _
Address: 2550 Fifth Ave., Suite 115
City, State, Zip code: San Diego, CA 92103
Phone Number: 619-685-3990
4. Address of Project: Lot 25, Gazelle Court, Carlsbad, CA 92010
5.
6.
7.
8.
9.
Assessor's Parcel Number: 209-120-27 -0O ---------------------
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:
SOP, Grading, Landscape, and Building Permits
Existing General Plan Land Use Designation: P.I. (Planned Industrial)
Existing zoning district: P-M (Planned Industrial)
Existing land use(s): Vacant, previously mass graded
P d f ·t (P · t f h' h th' f . f'I d) Construction of a new 2-story ropose use o s1 e roJec or w 1c 1s orm 1s I e : ___________ _
74,126 S.F. Conference Center to support existing R&D facility
Project Description
10. Site size: _4_·5_2_A_c_r_e_s _____________________ _
11.
12:
13.
14.
P-1(D)
Proposed Building square footage: _7_4_,_1 _2_6_S_. F_. _____________ _
Number of floors of construction: _T_w_o _________________ _
Amount of off-street parking provided: 131 vehicle spaces and 1 loading space
Associated projects: Existing adjacent Lot 14 R&D facility
Page 2 of 4 Revised 07/10
15.
16.
If residential, include the number of units and schedule of unit sizes: _N_/_A ________ _
If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities:
N/A
17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _
The new building will be utilized primarily by existing employees from 2588 Gazelle Court. (Lot 14)
lonis expects to add approximately 50 new employess at the new building
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: ________ _
N/A
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required:
N/A
P-1(0) Page 3 of 4 Revised 07/10
Are the following items applicable to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessary).
Yes No
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D 0
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or D 0
roads.
22. Change in pattern, scale or character of general area of project. D 0
23. Significant amounts of solid waste or litter. D 0
24. Change in dust, ash, smoke, fumes or odors in vicinity. D 0
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D 0
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. D 0
27. Site on filled land or on slope of 10 percent or more. 0 D
28. Use of disposal of potentially hazardous materials, such as toxic substances, D 0
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, D 0
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D 0
31. Relationship to a larger project or series of projects. D 0
Environmental Setting
Attach sheets that include a response to the following questions:
32. Describe the project site as it exists before the project, including information on topography, soil
stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing
structures on the site, and the use of the structures. Attach photographs of the site. Snapshots
or Polaroid photos will be accepted.
33. Describe the surrounding properties, including information on plants and animals and any
cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.),
intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of
development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this initial evaluation to the best of my ability, and that the facts, statements, and
information presented are true and correct to the best of my knowl dge and belief.
Date: 7. 19. 18 Signature: -i--~:........===-------------
For: 1
P-1(D) Page 4 of 4 Revised 07/10
lonis Pharmaceuticals
Additional EIA Information
#27 The site, as currently exists, is a previously mass graded site and contains compacted fill.
#32
#33 The project site is included as part of the Carlsbad Oaks North Specific Plan area. The site is
adjacent to the existing one-story pharmaceutical facility, which is located directly to the south
at the terminus of Gazelle Court. Other properties to the north, east, and west along Whiptail
Loop are currently vacant and consist of graded, disturbed areas that do not include biologically
sensitive habitat or cultural resources.
( 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. If 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 cqlall (7 0) ~
Applicant Signature: ~
Staff Signature:
Date:
To be stapled with receipt to the application
P-1(E) Page 1 of 1 Revised 07/10
} .
, { I I \ , ~ I
-. ;~'.1:11-,, \ 1 I t t ~ •. ,
( -~<l rl:iix 1 c1
STORM WATER STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
(760) 602-2750
www.carlsbadca.gov
t ~~s;d~~e~:
1
~~~:~evelopment pollutants that may be generated from development projects: the city requires that new I
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: IONIS CONFERENCE CENTER PROJECT ID: SOP 2018-0012
~-----------·-··-----· ----.-----·-·--~·--··· -----·--·----· ··---------·--·· .. ----------
ADDRESS:GAZELLE COURT CARLSBAD, CA 92010 APN: 209-120-27-00
. -... -~,.-----~·-····---·---··~--•-· ---··-·. ---·-·--· -· -----· ··--···-··---
The project is (check one): Ill New Development D Redevelopment
-·----.. --·· .. --
The total proposed disturbed area is: 160,742 ft2 ( 3.69 ) acres
------·-·---··--
The total proposed newly created and/or replaced impervious area is: 111,774 ft2 ( 2.57 ) 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 NIA SWQMP#: NIA
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.
·-· -.. -,.
SEP 1 9 2018
r·"'-. -\_ )
E-34 Page 1 of 4 REV 02/15
--·--------------------------------------------------~
STEP 1
TO BE COMPLETED FOR ALL PROJECTS
To determine if your project is a "'development p·ro}ed', please answer the fo.,.,-llo-w-in_g_q_u_e_s-,ti-on-.---
YES NO
-,; your. p~~j;~t LIMITED--T-Or~~tin~-;~i~t;~~;;;;··~~ti-~it;;nd/or repair/im .. provem·e· nts .to. an e. xisting building · 1 ~ I Ill
or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? I . -
If you-answered "yes" to the above question, provide justification below then go ·to Ste·p-5~-mark the third box stating "my
project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant
information.
Justification/discussion: (e.g. the project includes only interior remodels within an existing building):
If you answered "no" to the above question, the project is a 'development project', go to Step 2.
STEP2
TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS 1------------------------------------------------
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: ----... ---------
a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas;
b) Designed and constructed to be hydraulically disconnected from paved streets or roads; Cl
c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA
Green Str~~!~.g~idance? _____ .... _ _ ____________ -----------------------,-----------1
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?
□ lll
□ tll
If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5,-mark
the second box stating "my project is EXEMPT from PDP ... " and complete applicant information.
Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with
the USEPA Green Street guidance):
lf_y<?u an§l,\/ered "no" to the above questions, your project is not exempt from PDP, got(? ~tep 3. '-•----
E-34 Page 2 of 4 REV 02/16
-------------------------·--------,---------------------~~.~----STEP 3
TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS
To determine if your project is a PDP, please answer-thefoffowingquestions (MS4 Permit'"Prciilsfo_n_Ej,6Xf)f __ _
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, fl!
____ and public development projects on public or.p[_iY._f}~e lar,_d. __________ --+--
2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of
impervious surface collectively over the entire project site on an existing site of 10,000 square feet or
more of impervious surface? T/lis includes commercial, industrial, residential, mixed-use, and public □
□
development J_!!jects on public or private land. -·· ___ ----,-------+---+----
3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is
a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and
refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial
Classification (SIC) code 5812).
D Ill
-4. Is your project a new or redevelopmentpro}ect that.creates 5,000 square feet or more of imper.vious·-----... -------
surface collectively over the entire project site and supports a hillside development project? A hillside Ill D
_ development project includes develoement on ?_1_1Y natural slope that is twenty-five percent or gr~ater_. -->-------------------
5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is
a land area or facility for the temporary parking or storage of motor vel1icles used personally for
business or for commerce.
6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a street, road, highway
freeway or driveway? A street, road, highway. freeway or driveway is any paved impervious surface
Ill
used for the transportation of automobiles._ trucks. motorcycles. and other vehicles ________ _,___ _____ _
7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more
of impervious surface collectively over the entire site, and discharges directly to an Environmentally
Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of
200 feet or less from the project to the ESA. or conveyed in a pipe or open channel any distance as an
isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).*
8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop? An automotive repair
shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC)
codes: 5013, 5014, 5541.?532_-_7_5_3_4,_o_r_7_5_36_-_7_53_9_. ________ _
9. Is your project a new development or redevelopment project that creates arid/or replaces 5,000 square
feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes
RGO's that meet the following criteria: (a) 5,000 square feet or more or {b) a project Average Daily
D
D
D
D
D
__ }/affic (ADT) of 100 or more vehicles per clay. ---------------------·--___ __,
1 O. 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? Ill D
· 11. ls-your project located within 200 feet of the PacificOcean.ar1cf{1) creates 2,500 square feet or more-of-·---------i
impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC [] Ill
21.203.040) --·----------_ ·---.. ------,--c-----c:-----~--lf you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment
project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... "
and complete applicant information.
If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the
~econ_d _box stating "My project is a 'STANDARD PROJ'=-gT ._·:" and <::omplete applicant information. _______________ _
E-34 Page 3 of 4 REV 02/16
C 0
----------------------------------·-------·--·----------------------------·-·--~--STEP 4
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP)
ONLY
Complete the questions "t:ielow regarding your redevelopment project Triif§4 Permit-Pr_o_v-is-io_n_E-.3-.b-.-(2-))_: ______ -
YES NO --·--~-----------------------------------------~-r---~---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) = _o ___________ sq. ft.
Total proposed newly created or replaced impervious area (B) = _1_2_7_,2_0_0 ________ sq. ft.
Percent impervious area created or replaced (B/A)*100 = _____ %
□
If you ansWefEi(f·;;yes",-·the·· structural BMPS-·reqUli9d for PDP apply OrllY to the creation or replacement of impe.n.iiolJS
surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP . _." and complete
applicant information.
If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, check the
check the first box stating "My project is a PDP .. _" and complete aoolicant information.
STEP5
CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION
IZ] My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must
prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application.
0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT'
stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project
Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project.
Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations
and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply.
D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual.
Applicant Information and Signature Box
Pasco Laret Suiter & Associates (Agent for Applicant)
Applicant Name: _J_u_st_in_B_a_rr_e_tt_~-----------,
Applicant Signature:_-,.-_>_-\~.?_-_--_--_· ~(_--_. ___ :~_--_. -_-=---~---
./ •
Applicant Title: Project Manager
Date: 09/06/18
• Environmentally Sensitive Areas 111clude but are not hm1ted to all Clean Water Act Section 303(d) impaired water bodies. areas designated as Areas of Special
Biological Significance by the State Water Resources Control Board (Water Quality Control _Plan for the San Diego Basm (1994) and amendments); water bodies
designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and
amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat
Management Plan: and any other equivalent environmentally sensitive areas which have been identified by tl1e City.
This Box for City Use 0 I my
YES NO ... City Concurrence □ □ -------·-· ~---
By:
----""•-
Date:
Project ID
E-34 Page 4 of4 REV02/16
~-~11111
r
DGA planning I architecture I interiors
CLIENT/ PROJECT lonis Conference Center -Preliminary Review Response
Project Number 18006
DATE July 30, 2018
Preliminary Review Comments Response
I. Planning
• Item I -See letter from lonis on proposed building use.
• Item 2 -The Parking Study has been updated. See new submittal
• Item 3 -Our current Study is indicating we can accommodate all solar on the roof, so
solar trees in the parking lot will not be needed
• Item 4 -Building Height -Please see updated plans sheet A-5.1. No additional setback is
required.
• Item 5 -See calculations on Sheet G-00 I and noted on sheet A-1.1
• Item 6 -No response required
• Item 7 -Building Design -See updated sheets A-5.1 and A-6
• Item 8 -Next submittal
o Item a -See sheet A-1.1 and Civil sheets
o Item b -See revised sheets A-5.1 and A-6
o Item c -See revised sheets G-00 I and A-1.1
o Item d -See sheet G-00 I
o Item e -See sheet G-00 I
o Item f -See sheet G-00 I
o Item g -See sheet A-5.0, sheet A-5.1, A-5.2 and A-6.0
o Item h -No solar trees will be needed
o Item I -CP means "Carpool". See Site Plan Legend on sheet A 1.1
o Item j -It's another specialty conference room. Name updated on sheet A-4.1
o Item k -The future area is R&D Office. See sheet A-4.2
o Item I -Understood. Our proposed high point of ridge is 35' maximum with all
parapets except for south 36' high. South parapet varies in height with a
maximum height of 45', which is same as the existing building and proposed roof
screen. See sheet A-5.1 and A-5.2
2. Engineering
• Item I -We will consolidate Lot 25 with Parcel 'A' of Certificate of Compliance No.
ADJ 09-05, through a Minor Subdivision. This number has been added with the SOP
number at the top corner of the plans. Please also see sheet C-2 "Tentative Parcel
Map".
• Item 2 -This driveway has been shifted east to align with the driveway across
Whiptail loop. This also increases sight distance and creates a safer turning action
for those coming in and out of the site, as well as oncoming traffic. Please see
revised plans, specifically sheet C-5 "Preliminary Grading and Utility Plan".
25S0 fifth Avenue, Suite 115, San Diego, California 92103 619-685-3990 www.DGAonline.com MOUNTAIN VIEW I SAN FRANOSCO I SAN DIEGO I SACRAMENTO
...
lonis Conference Center -Preliminary Review Response
Project No. 18006
July 30, 2018
• Item 3 -The site distance is now shown on the site plan for both the Gazelle Court
and Whiptail Loop driveways. Please see sheet C-5 "Preliminary Grading and Utility
Plan".
• Item 4 -Acknowledged and noted. We aim to achieve this through the Minor
Subdivision, that will also both the relinquishment of access rights, and the
consolidation of Lot 25 and Parcel 'A' of Certificate of Compliance No. ADJ 09-05.
• Item 5 -A geotechnical report that includes these items, has been provided with the
resubmittal.
• Item 6 -Please see sheet C-6 "Emergency Vehicle Turning Analysis" for the fire
truck turning movements.
• Item 7 -A preliminary title report has been provided with this resubmittal.
• Item 8-Top and bottom of wall elevations have been provided on the plans. Please
see sheet C-5 "Preliminary Grading and Utility Plan".
• Item 9 -A note has been included within the "General Notes" section on sheet C-5
"Preliminary Grading and Utility Plan".
• Item IO -A preliminary SWQMP and E-35 form have been provided with this
resubmittal.
• Item 11 -A preliminary hydrology study has been provided with this resubmittal.
• Item 12 -The pad elevation is shown on the plans. Please see sheet C-5
"Preliminary Grading and Utility Plan".
• Item 13 -Acknowledged and noted.
• Item 14 -Please see C-1 "Title Sheet" under the SITE INFORMATION column.
• Item 15 -Water and sewer demands have been added. Please see C-1 "Title Sheet"
under the SITE INFORMATION column.
• Item 16 -Slopes along each driveway, as well as a typical cross section, has been
provided on sheet C-3 and C-5.
• Item 17 -The median design has been revised. Rolled curb will be provided for the
entire median. Shrubs under 30" will be provided, as well as removable artwork.
Additionally, an EMRA will be provided for this area, putting the responsibility on
the owner to remove any improvements if maintenance is required on public utilites
or the street. A landscape median exhibit has been provided with this submittal that
shows the intent of the design.
• Item 18 -Comments on the sheets have been noted and addressed.
3. Fire Department
• Item I -See sheets C-6 and A-I . I
• Item 2 -See sheets C-6 and A-I.I
4. Landscaping
• Item I -Callouts added to hard scape sheets L 1.1 A and L 1.1 B.
• Item 2 -The proposed planter is still under review with Engineering
• Item 3 -See updated plans
• Item 4 -BMP design bio-filtration and tree well locations (all lined) per civil and referenced
on LI.OA
• Item 5 -Trees have been adjusted to avoid overlapping lined basins.
• Item 6 -Noted -See irrigation sheets
~I DGA the union of design & technology page 2
lonis Conference Center -Preliminary Review Response
Project No. 18006
July 30, 2018
• Item 7 -Planting area adjusted to show planting < 30" in areas adjacent to driveways. Low
planting utilized adjacent to pedestrian crossings. See planting plans (L3. I A and L3. I B and
planting legend L3.2) for additional information on species and spacing.
• Item 8 -No public utility easements have been identified.
• Item 9 -Note added to LI. I, note I
• Item IO -Planting Revised to clarify tree species. Understory planting revised to clarify
planting height and intent.
• Item 11 -Existing planting plan (L3.0) added to set locating and identifying species and size of
trees to remain and trees to be removed.
• Item 12 -Planting legend (L3.2) revised to include tree quantities, OC shrub spacing and
ground cover types and spacing.
• Item 13 -Trees have been checked for all utilities that have been identified by civil at this
stage of the project.
• Item 14 -Maintenance responsibility exhibit (LI .OB) added to the set identifying maintenance
responsibilities.
• Item 15 -Notes have been added to landscape legend.
• Item 16 -Trash enclosure included and identified on U .OA.
• Item 17 -Screening strategies identified on LI .OA and clarified on planting plans.
• Item 18 -Planting around utilities will be tall enough to screen.
• Item 19 -Trees added to parking areas at a rate of I tree per every 4 stalls. See planting
plans L3. I A and L3. I B.
• Item 20 -Parking areas screened from adjacent properties by shrubs and grasses of at least 3'
in height.
• Item 21 -Parking planting area calculation added as note 2 on L3.2. Total area of planting in
parking area is above I 0%.
• Item 22 -Parking finger island width increased to 7' with 6' landscaping width.
• Item 23 -See irrigation and planting sheets.
• Item 23g -Signature block has been added to water conservation plan.
• Item 24 -Noted -See irrigation and planting sheets.
• Item 25 -Note and diagram has been added to planting legend.
• Item 26 -See "Water Conservation and Planting Features" on planting legend sheet L3.2 for
a short description on the function and impact of planting onsite.
~I DGA the union of design & technology page3
June 26, 2018
Jon Ohlson
DGA Architects
2550 Fifth Avenue, Suite 115
San Diego, CA 92103
SUBJECT: PRE 2018-0016 (DEV 09042) -IONIS PHARMACEUTICALS
APN 209-120-27
(cityof
Carlsbad
Thank you for submitting a preliminary review for the construction of a 69,200-square-foot (SF), 45-foot-
tall conference facility on Lot 27 of the Carlsbad Oaks North Business Park Specific Plan, SP 211(C). Lot 27
is located on the southeast corner of Gazelle Court and Whiptail Loop, adjacent to the existing 182,161-
square-foot IONIS research and development building on Lot 14 of SP 211 (2885 Gazelle Court). In
conjunction with the construction of the new building, a lot line adjustment is proposed to merge Lots 14
and 27 into one lot to create a business campus for IONIS. The proposed two-story conference facility
includes several conference rooms and a 4,900-square-foot lecture hall. Approximately 10,000 square feet
is proposed to be reserved for future growth. A total of 131 parking stalls are proposed on-site, as well as
a large courtyard with a 2,000-square-foot outdoor eating area. Access to the site will be provided by two
access driveways off Whiptail Loop and Gazelle Court. A parking study (Urban Systems Associates, May
2018) was submitted with the Preliminary Review to support a request for the reduction In the number
of parking stalls. The proposal also includes a request to add a landscaped median and roundabout with
enhanced paving at the terminus of the Gazelle Court cul-de-sac.
In response to your application, the Planning Division has prepared this comment letter. Please note that
the purpose of a preliminary review is to provide you with direction and comments on the overall concept
of your project. This preliminary review does not represent an in-depth analysis of your profect. It is
Intended to give you feedback on critical issues based upon the information provided in your submittal.
This review Is based upon the plans, policies, and standards in effect as of the date of this review. Please
be aware that at the time of a formal application submittal, new plans, policies, and standards may be
in effect and additional Issues of concern may be raised through a more specific and detailed review.
Planning:
General
1. General Plan and zoning designations for the property are as follows:
a. General Plan: P-1, Planned Industrial;
b. Zoning: P-M, Planned Industrial; and
c. Specific Plan: The property is located within the boundaries of the Carlsbad Oaks North
Business Park Specific Plan, SP 211(C).
Community & Economic Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
PRE 2018-0016 (DEV 090.9.. IONIS PHARMACEUTICALS
June 26, 2018
Page 2
2. The project requires the following permits:
a. Minor Site Development Plan (SDP). A Minor SDP is an administrative permit subject to
approval by the City Planner.
b. Minor Subdivision (MS). Staff recommends the submittal of a Minor Subdivision to merge
Lots 14 and 25 into one lot. The MS can also depict the relinquishment of access rights for the
driveway off Gazelle and will not need City Council approval. If a lot line adjustment were to
be processed for the lot merger, separate approval from City Council would be required for
the relinquishment of access rights. It is staff's opinion that the MS is the more appropriate
application to save time.
All necessary application forms, submittal requirements, and fee information are available at the Planning
counter located in the Faraday Building at 1635 Faraday Avenue or on line at www.carlsbadca.gov. You
may also access the General Plan Land Use Element and the Zoning Ordinance online at the website
address shown; select Department listing; select Planning Home Page. Please review all information
carefully before submitting.
Planning:
1. Conference Center Use. Please provide details with respect to how IONIS intends to use and
operate the conference facility. Will the facility be utilized to host conferences for the public?
Staff has some general concerns with respect to the reduction in parking if the facility will be used
to host large events. Please provide details as to how parking needs can be met if a large
conference is held onsite. Pursuant to the submitted parking study, the conference facility is
intended to be accessory to the primary research and development (R&D) use and should
primarily serve the employees onsite. In addition, there is a 10,379-square foot area on the second
floor which is identified as "Future." The use of this area needs to be defined and a parking ratio
assigned to the use. Further, as discussed below, the parking study should be revised to address
how this space will be utilized. Finally, with the addition of the conference facility, will there be
any changes in use from conference or shared area to R&D office use at the existing IONIS R&D
building? This should also be factored into the parking calculation, if there is an intensification of
use. If no tenant improvements are proposed to the existing IONIS building, please be advised
that an additional parking study may be required in the future to confirm that the parking is
adequate onsite.
2. Parking Study. Assuming the conference facility is intended to be used primarily by IONIS, staff is
preliminarily supportive of the request to modify the parking standards and reduce the required
number of parking stalls for the proposed 69,200-square-foot conference facility. Pursuant to the
parking study prepared by Urban Systems Associates, Inc. (May 2018), the conference center is
an accessory use and is intended to primarily serve the existing employee base at the 170,838-
square-foot IONIS R&D building (primary use). A total of SO additional employees are anticipated
in the new conference center and up to 20 guests at any given time. A total of 131 parking stalls
are proposed for the conference center. When combined with the existing parking provided at
the IONIS R&D building, a total of 618 parking stalls will be provided for a total of 416 employees.
Overall, if the entire campus were parked at the biomedical research and development parking
ratio, one space per 300 square feet of gross floor area, a total of 800 parking spaces would be
required. The proposal to provide a combined total of 618 parking spaces between the two lots
(which will be merged) represents a 23 percent reduction in the number of required parking
spaces.
PRE 2018-0016 (DEV 09042) -IONIS PHARMACEUTICALS
June 26, 2018
Page 3
Pursuant to the parking study for the conference center, which takes into consideration the
results of the previous parking study for the IONIS R&D building and employee fitness center, a
minimum of 430 parking spaces are recommended for the overall business campus. This
recommendation is based on an analysis of the existing parking demand, existing and future
employee counts, and provides credit for the accessory uses (i.e., fitness building, conference
centers/lecture hall) throughout the IONIS campus. Further, staff is supportive of the request to
reduce the parking requirements as pedestrian connectivity between the two lots is proposed and
will be facilitated through the minor subdivision to merge the properties, as well as site and
landscape improvements.
Notwithstanding the above, prior to formal application submittal, please revise the parking study
to address the intended use for the 10,379-square-foot "future use" area on the second floor.
Please account for this calculation in the parking study and in the project plans, particularly if it is
envisioned as office space.
3. Climate Action Plan (CAP) Consistency Assessment. Pursuant to the CAP Consistency Assessment
prepared by HELIX Environmental Planning (May 2018), the proposed project would emit 730 MT
CO2e per year, which is below the city's CAP screening threshold of 900 MTCO2e per year.
Therefore, the project Is not subject to the measures outlined in the city's CAP. Pursuant to the
Assessment, various CAP measures are still included in the project design. Referenced under
Section 2.2, Renewable Energy Production, is a proposal to provide several solar trees. Please
provide additional information with respect to the location and design in the project plans. In
addition, please be advised that the solar trees should be placed in areas that do not conflict with
the requisite parking lot and site landscaping.
4. Building Height. Exclusive of the roof equipment screen which is proposed at a maximum height
of 45 feet, the south elevation of the proposed building extends up to a maximum height of 42
feet. The maximum height of the north and west elevations is approximately 36 feet. Pursuant to
Carlsbad Municipal Code (CMC) Section 21.34.070, building height above 35 feet may be
permitted up to a maximum of 45 feet if the required setbacks are increased at a ratio of one
horizontal foot for every one foot of vertical construction beyond 35 feet. The additional setback
area shall be maintained as landscaped open space.
As the south elevation of the building exceeds the 35-foot height limitation by 7 feet, all setbacks
shall be increased by seven additional feet. Based on a review of the site plan and parking layout,
it does not appear that the additional setback area can be accommodated without reducing the
parking and revising the site layout. Staff, therefore, recommends the height of the building be
reduced to 35 feet. Please also note that this height requirement applies to the roof ridge and
excludes the parapets. Please identify the roof ridge in the revised plans and adjust the building
height if necessary so the setbacks do not need to be increased.
5. Employee Eating Area. Pursuant to CMC Section 21.34.07(C), a minimum of 300 square feet of-
outdoor eating facilities shall be provided for each 5,000 square feet of building area. Credit
towards the required amount of square footage will be given for indoor eating facilities on a 1:1
basis as determined by the City Planner. Based on a proposed building size of 69,200 square feet,
a minimum of 4,152 square feet of employee eating area is required. The entire courtyard can
count toward this requirement, as well as the first and second floor kitchens (total of 1,775 square
feet) if the area is accessible for use by the employe~s. Please include a calculation on the cover
sheet of the plans and summarize how the project complies with this requirement.
PRE 2018-0016 (DEV 090~-IONIS PHARMACEUTICALS
June 26, 2018
Page4
6. Setbacks. Assuming that additional setback area is not required to comply with CMC Section
21.34.070 (No. 3 above), the project complies with the setback requirements of SP 211(C).
7. Building Design.
a. Pursuant to the architectural guidelines of SP 211(C), no more than 35 linear feet of
unarticulated exterior walls shall be allowed in areas visible from parking lots or public streets.
Based on a review of the north and south elevations there are a few areas which do not
comply with this requirement. In addition, all building elevations are required to have fa~ade
variation and a minimum of 3 separate materials, colors or textures. Specifically, the eastern
end of the south elevation and the western half of the north elevation include blocks of stucco
exceeding 35 linear feet without stone/tile, windows or other enhanced design features.
Please revise the plans to address this requirement. The addition of an accent stone or tile is
preferred on the north and south elevations.
b. Please consider a creative design solution to screen the lower portion of the stairs facing
Whiptail Loop on the north elevation.
8. Prior to submittal of the formal application, please revise the plans as follows:
a. Revise the site and grading plans to include dimensions for the width of the driveways and
drive aisles. Please also include typical dimensions for each type of parking stall proposed.
b. Revise the north elevation to include shadow lines or utilize another method to show the
break in the buildings. It appears as if it is one long facade as currently presented.
c. Revise the cover sheet to include the number of compact, EV and accessible spaces (existing
and proposed).
d. Revise the cover sheet to change the recommended minimum number of parking stalls
pursuant to the parking study from 480 to 430. Per the study, "The recommended basic
parking requirement is to adopt the previously recommended 360 spaces from the February
2016 study (based on 1 space per 500 square feet) and add 1 space per expected employee
and potential offsite guest."
e. Include the employee eating area calculation on the cover sheet. Please see Comment 5
above for the detailed calculation.
f. Include the proposed setbacks on the cover sheet.
g. Include details on the finish of all walls and retaining walls. Please note that all walls shall have
a decorative finish which complements the color palette and materials of the proposed
building.
h. Revise the site, grading and landscape plans to note the location of the solar trees. Please also
include details of the solar trees if they are to be included.
i. On the site plan (Al.1), identify what "CP" represents.
j. On the Level 1 floor plan (A4.1), define the use of the "RMC/DMC" room.
k. Revise the Level 2 floor plan(A4.2) to identify a use for the "Future" area.
I. Revise the elevations to distinguish between the roof ridge height and parapets. Please add
dimensions for the height.
Land Development Engineering:
1. Although it was not shown on the preliminary site plan, it is the city's understanding that the
subject property is proposed to be merged or consolidated with the adjacent lot 14. The
adjustment of lot line can be facilitated through an application of an adjustment plat. Also, a
parcel map can facilitate the consolidation of the lots.
PRE 2018-0016 (DEV 09042) -IONIS PHARMACEUTICALS
June 26, 2018
Page 5
2. The proposed driveway approach along Whiptail Loop will not be supported by staff due to the
conflicts and safety issues with the existing driveways along Whiptail Loop.
3. Both proposed driveways shall show the sight distance on the site plan.
4. The proposed driveway approach along Gazelle Court will require the quitclaim of relinquishment
of access rights.
5. This project will require a project specific geotechnical report and the final report of testing for
Carlsbad Oaks North can only be used as a reference for the project specific geotechnical report.
The project specific geotechnical report shall include but is not limited to the recommendations
on proposed water quality treatment facilities, proposed cut and fill, retaining walls, and drainage.
6. Provide turning movements to show that the access throughout the site will be adequate for fire
truck access.
7. Provide a preliminary title report dated within 6 months of application. All easements listed in the
title report shall be shown and labeled on the site plan.
8. Provide top of wall and bottom of wall elevations for the proposed retaining walls.
9. Verify that the drainage away from the building is a minimum of 2 percent for hardscape and a
minimum of 5 percent for landscape within 10 feet of the building per the 2016 California Building
Code Section 1804.4.
10. Provide a preliminary Storm Water Quality Management Plan {SWQMP) on the discretionary
application per the city's SWQMP template, E-35 Form. The form Is available on the city's website.
11. Provide a preliminary hydrology report with the discretionary application.
12. Provide the pad elevation on the preliminary grading plan.
13. The city has upcoming Transportation Impact Analysis (TIA) guidelines which this project may_ be
subject to these guidelines. The TIA guidelines are available on the city's website.
14. It is unclear what trip generation rate was used to calculate the ADTs proposed on the title sheet
and shall be clarified on the title sheet.
15. Provide on the title sheet, proposed demands for water in gallons per day {GPD) and sewer in
equivalent dwelling units (EDUs).
16. Provide the driveway slopes/grades along with a typical cross-section of the driveways on the
preliminary grading plan.
17. The proposed median on Gazelle Court is not supported by the city engineer and does not
conform with the city's engineering standards for a publicly maintained cul-de-sac.
18. Address the redline comments on the plans.
PRE 2018-0016 {DEV 090~-IONIS PHARMACEUTICALS
June 26, 2018
Page 6
Fire Department:
1. Please revise the plans to show the location and add notes for the fire lanes.
2. Please revise the plans to show the radii for turns along the fire department access.
Landscaping
Numbers below are referenced on the red line plans where appropriate for ease in locating the area of
the comment concern.
1. Please add the legend call-outs to the hardscape plans for reference and provide conceptual
details for shade structures, bridges, etc. clarifying materials, heights, etc. Final comments are
reserved pending receipt of this information.
2. The addition of a raised planter in the street cul-de-sac will require review and approval by both
Land Development Engineering and the Parks Division. Please address.
3. Existing landscaped areas do not appear to accurately align with DWG 415-9N. Please review and
provide accurate alignment.
4. Please coordinate landscape plans with civil plans and storm water basins. Specify/label on the
landscape plans each specific BMP design for all bio-retention areas as one of the following {per
attached Appendix E: BMP Design Fact Sheet):
a) Section A
b) Section B
c) Section C
d) Section D
e) other
For each basin clarify on the plans if to be lined or not and indicate if each section is bio-retention
only or a flow through planter or bio-retention. If to be lined, please review the practicality of
trees in the basins. Provide plantings in each of the sections per the attached Appendix E: BMP
Design Fact Sheet. Please clearly show the top and bottom of the basin side slopes on the
landscape plans.
5. Please show all slopes on the landscape plans coordinated with the civil plans. Coordinate
landscaping with the slopes. See comment number 25 below. Check all areas.
6. Please show the proposed recycled water irrigation point of connection on both the civil and
landscape plans.
7. The plan shall demonstrate that plants, when installed and at maturity, will be positioned to avoid
obstructing motorists' views of pedestrian crossings, driveways, roadways and other vehicular
travel ways. On collector streets and larger, landscape elements over 30 inches in height
(including planting measured at maturity) as measured from adjacent street grade are not
permitted at street corners within a triangular zone drawn from two points, 25 feet outward from
the beginning of curves. At medium to high use driveways, the 30-inch height limitation applies
at driveways 25 feet from the edge of the apron outward along the curb, then 45 degrees in
toward the property. Landscape features (shrubs, trees, fencing, etc.) shall be selected to ensure
that no visual impairments or obstructions are located within the CalTrans sight distance lines.
Please show and label all vehicular sight lines on the plans per above and ensure no conflicts.
.r \..._
PRE 2018-0016 (DEV 09042) -IONIS PHARMACEUTICALS
June 26, 2018
Page 7
8. Please show and label any public utility easements on the plans or indicate that none exist. Ensure
no trees are planted within public utility easements.
9. Add a note to the plans indicating that positive surface drainage (two percent grade in planting
areas) will be provided away from structures and will terminate in an approved drainage system.
10. Plans are too conceptual to provide an appropriate review. One symbol is used for many shrubs
and ground covers which may be different in size and character. One symbol is used for several
trees that may be different in size and character. Please provide a separate symbol for each type
of shrub and tree (i.e. large evergreen, medium size, small flowering accent, etc.) and ground
covers. Final comments are reserved pending receipt of more complete plans.
11. Please generally identify all existing woody plant material to be removed or retained. Trees over
12" in caliper diameter shall be identified on the plan individually as to caliper size and type and
labeled to be retained or removed.
12. The planting palette shall include:
a. Tree quantities.
b. Shrub spacing with general layout.
c. Ground cover types and spacing.
Please fully address.
13. Please coordinate tree locations with utilities to avoid conflicts. Check all areas.
14. Please provide a Maintenance Responsibility Exhibit. The Maintenance Responsibility Exhibit shall
be prepared at a scale and size (preferably one sheet) that provides an overall view of the project
and shall clearly identify the various areas of landscape maintenance responsibilities (private,
common area/business association, etc.). Please include the street parkway areas in this exhibit
identifying responsibility.
15. Please add a note to the plans indicating that woody shrubs shall be planted over herbaceous
ground cover areas to cover a minimum 60 percent of the ground cover area (at mature size).
16. A trash enclosure does not appear to be included. Please address.
17. Please address softening, screening and enhancement of site retaining walls.
18. All utilities are to be screened. Landscape construction drawings will be required to show and
label all utilities and provide appropriate screening. Please also locate all light poles on the
landscape plans and insure that there are no conflicts with trees.
19. Trees shall be provided at the minimum rate of one per every four parking stalls. Trees pertaining
to this requirement shall be located within the parking area, exclusive of parking lot setbacks.
The trees shall be located in close proximity to the spaces they are to shade. Please address.
20. Parking areas shall be screened from adjacent property or streets through the use of planting or
any combination of planting, mounding, and decorative walls. Screening elements shall have a
total height of at least three feet. Please fully address.
PRE 2018-0016 (DEV 0909. IONIS PHARMACEUTICALS
June 26, 2018
Page 8
21. A minimum of 10 percent of the parking area shall be landscaped in the P-M Planned Industrial
Zones. The "parking area" includes all parking spaces and drive aisles. The plantings shall be
contained in planting areas with a minimum dimension of 4' and bounded by a concrete or
masonry curb of a minimum of 6" in height. The plantings shall be located throughout the off-
street parking areas in order to obtain the maximum amount of dispersion. Please provide a
calculation proving the percentage of landscape area provided in the parking area.
22. If landscaped "finger'' islands are provided between parking spaces, they shall be designed with a
minimum outside width of seven feet and a minimum landscape width of four feet. Please
address.
23. Please provide a Water Conservation Plan in conjunction with the Landscape Concept Plan. This
plan shall demonstrate to the City how the proposed development will use all practical means
available to conserve water in the landscape. Please provide/address the following:
a. Indicate the proposed type of water to be used for irrigation (i.e. potable, recycled,
graywater, etc.).
b. Provide a colored or hatched plan clearly showing where recycled water, graywater and
potable water are proposed to be used for irrigation. This plan will be forwarded to Carlsbad
Municipal Water District (CMWD) for review. Any comments will be returned to the
applicant.
c. Irrigation systems for all projects, except for service to a single-family residence or front
yard irrigation on individually metered condos, shall be designed to use non-potable,
treated recycled water, unless an exemption is approved by the City of Carlsbad's Utilities
Department.
d. Written description of water conservation features including addressing xeriscape
principles (see Appendix A of the Landscape Manual) within the project.
e. Hydrozone diagram: Include one "hydrozone diagram" which identifies grouping of plants
within the individual hydrozones (high, moderate, low, very low or special landscape areas)
and which indicates the square footage and irrigation method of each area.
f. Separate water service for landscaping (including, but not limited to connections, water
meters, and back flow preventers) shall be provided for all commercial/industrial projects,
golf courses, parks, and residential common areas in projects over four (4) dwelling units.
g. Concept plans shall include calculations which document the maximum allowed annual
water use for the landscaped area or maximum applied water allowance (MAWA) and
estimated total water use (ETWU). A landscape project shall not exceed the MAWA. The
MAWA for a landscape project shall be determined by the following calculation as defined
in the City ordinance: MAWA = (ETo)(0.62)((0.45 x LA)+ (0.55 x SLA)] . The ETWU shall be
determined by the following calculation as defined in the Landscape Manual:
ETWU=(ETo)(0.62(PFI~HA. +SLA.)
Please provide calculations and worksheets on city forms as found in the Landscape
Manual.
In addition to the calculations, include a statement on the plans signed under penalty of
perjury by the person who prepared the plan that provides:
"I am familiar with the requirements for landscape and irrigation plans contained in the city
of Carlsbad's landscape manual and water efficient landscape regulations. I have prepared
r
PRE 2018-0016 (DEV 09042) -IONIS PHARMACEUTICALS
June 26, 2018
Page 9
this plan in compliance with those regulations and the landscape manual and agree to
comply with all requirements when submitting construction documents. I certify that the
plan implements those regulations to provide efficient use of water."
24. The plan shall provide that only subsurface irrigation shall be used to irrigate any vegetation
within twenty-four inches of an impermeable surface unless the adjacent impermeable surfaces
are designed and constructed to cause water to drain entirely into a landscaped area. Please add
notes to the plans as appropriate.
25. Please add the following notes to the plans and show how these· requirements are met:
Slopes 6:1 or steeper requiring erosion control measures as specified herein shall be treated with
one or more of the following planting standards:
a. Standard 1-Cover Crop/Reinforced Straw Matting:
Cover crop shall be a seed mix typically made up of quick germinating and fast
covering grasses, clovers, and/or wild flowers. Submit the specific seed mix for City
approval prior to application. The cover crop shall be applied at a rate and manner
sufficient to provide 90% coverage within thirty {30) days.
Type of reinforced straw matting shall be as approved by the city and staked to the
slope as recommended by the manufacturer.
Reinforced straw matting shall be required when planting occurs between August 15
and April 15. The cover crop and/or reinforced straw mat shall be used the remainder
of the year.
b. Standard #2 -Ground Cover
One hundred percent of the area shall be planted with a ground cover known to have
excellent soil binding characteristics (planted from a minimum size of flatted material
and spaced to provide full coverage within one year).
c. Standard #3 -Low Shrubs
Low spreading woody shrubs (planted from a minimum of one gallon) shall cover a
minimum of seventy percent of the slope face {at mature size).
d. Standard #4 -Trees and/or Large Shrubs
Trees and/or large shrubs shall be (planted from a minimum of one gallon containers)
at a minimum rate of one per two hundred square feet.
Slopes -6:1 or steeper and:
a. Three feet or less in vertical height and are adjacent to public walks or streets require
at minimum Standard #1.
b. Three feet to eight feet in vertical height require Standards #1 {erosion control
matting shall be installed in lieu of a cover crop), #2 and #3.
c. In excess of eight feet in vertical height require Standards #1 {erosion control
matting shall be installed in lieu of a cover crop), #2, #3, and #4.
Areas graded flatter than 6:1 require Standard #1 {cover crop) with temporary irrigation when
they have one or more of the following conditions:
a. Sheet graded pads not scheduled for improvements within six months of completion
of rough grading.
b. A potential erosion problem as determined by the city.
c. Identified by the city as highly visible areas to the public or have special conditions
that warrant immediate treatment.
PRE 2018-0016 (DEV 090~ -IONIS PHARMACEUTICALS
June 26, 2018
Page 10
26. The Landscape Manual indicates that landscape plans are to feature ground cover, shrubs, and
trees to screen elements of unsightliness and screen/soften new improvements. The landscape
Manual also indicates that landscaping shall be used to accentuate and enhance architecture.
Please address. These requirements will be reviewed once more complete plans are obtained.
See comment 10 above.
27. RETURN REOLINES and provide two copies of all plans {concept, water conservation, and
colored water use plan} for the next submittal. The submittal must be made to a Planning
Division staff member at the Planning counter along with a transmittal clearly indicating what
the submittal Is for (i.e. Conceptual Plan re-submittal). Please provide a written response to all
comments clearly Indicating where and how each comment was addressed.
If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Shannon Harker at the number below. You mav also contact each department individually as
follows:
• Planning Division: Shannon Harker, Associate Planner, at 760-602-4621
• Land Development Engineering: Kyrenne Chua, Project Engineer, at 760-602-2744
• Fire Department: Cynthia Wong, Assistant Fire Marshal, at 760-602-4662
DON NEU, AICP
City Planner
DN:SH:jb
Attachments:
1. Engineering redlines
2. Landscape redlines
c: Wayne Sanders, 1515 Pharmaceuticals, 2855 Gazelle Court, Carlsbad, CA 92010
Teri Delcamp, Principal Planner
Kyrenne Chua, Project Engineer
Cynthia Wong, Fire Department
HPRM/File Copy
Data Entry
July 26, 2018
City of Carlsbad
Community & Economic Development-Planning Division
1635 Faraday Ave.
Carlsbad, CA 92008-7314
Attn: Don Neu, AICP
City Planner
Re: PRE 2018-0016 (DEV 09042) -IONIS PHARMACEUTICALS
APN 209-120-27
Dear Don,
The existing Ionis R&D facility at 2855 Gazelle Ct lacks enough conference and meeting
space to support current employees meeting needs. To support Ionis' current business
growth, more conference space is needed, thus the need for an exclusive conference center.
The primary use for the new conference center will be to support Ionis employee's meetings
and project teams. The center is being designed with the intent to not only meet Ionis'
current, but also future meeting space needs. It is not Ionis' intent to host public
conferences.
The designated "Future" space on the second floor of the conference center has no current or
specific use identified ... but will now be called out as R&D office space. The revised parking
study will address this change.
Ionis has a current seminar space in its R&D building that will be vacated upon completion
of the conference center. This will ultimately be renovated to R&D office space and will also
be addressed in the revised parking study.
Bestr/l'~
Wayne Sanders
Executive Director Facilities
Ionis Pharmaceuticals
2855 Gazelle Ct.
Carlsbad, CA 92010
(760) 603-2562 Direct
(760) 801-7164 Cell
wsanders@ionisph.com
Co1n1
1 ,\MF, II I
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Page Number: 1
First American Title Insurance Company
National Commercial Services
July 19, 2018
Justin M. Barrett
Pasco Laret Suiter & Associates
535 N Highway 101 Ste A
Solana Beach, CA 92075-1175
Customer Reference:
Title Officer:
Phone:
Fax No.:
E-Mail:
Owner:
Property:
3281 E Guasti Road, Suite 440
Ontario, CA 91761
Ionis Pharmaceuticals, Inc.
Kimberly Delpolito
(909)510-6202
(877)461-2090
kdelpolito@firstam.com
Ionis Pharmaceuticals, Inc.
2855 Gazelle Court, Carlsbard, CA
PRELIMINARY REPORT
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 clause. When the Amount of Insurance is less than that set
forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the
exclusive remedy of the parties. Limitations on Covered Risks applicable to the CL TA and AL TA 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.
First American Title Insurance Company
. "
Orde~mber: NCS-917080-ONTl
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This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of
title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title
insurance, a Binder or Commitment should be requested.
First American Title Insurance Company
Dated as of July 16, 2018 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
This report is for dedication purposes only.
~,.....,
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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, as to Parcel A; and
Ionis Gazelle, LLC, a Delaware limited liability company, as to Parcel B
The estate or interest in the land hereinafter described or referred to covered by this Report is:
Fee Simple
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:
The Following Matters Affect All Parcels:
1. General and special taxes and assessments for the fiscal year 2018-2019, a lien not yet due or
payable.
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75
of the california Revenue and Taxation Code.
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 special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
California Government Code for Community Facilities District No. 3, as disclosed by that certain
Amendment to the Notice of Special Tax Lien recorded November 17, 2005 as Instrument No. 2005-
0998004 of Official Records.
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6. The terms and provisions contained in the document entitled "Waiver and Consent to Creation of a
Community Facilities District and Agreement to Pay Fair Share Cost of CT 97-13 ("Agreement")"
recorded December 15, 2004 as Instrument No. 2004-1180069 of Official Records; as modified by
the terms and provisions contained in the document entitled "Amendment No. 1 to Waive and
Consent to Creation of the Community Facilities District (CT 97-13), carlsbad Oaks North Partners,
LP." recorded November 4, 2005 as Instrument No. 2005-0964619 of Official Records.
7. 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.
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.
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.
8. 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.
9. 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.
10. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property"
recorded November 9, 2004 as Instrument No. 2004-1066056 of Official Records.
11. 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 Transportation Corridors
Case No: CT 97-13" recorded November 9, 2004 as Instrument No. 2004-1066058 of Official
Records.
12. 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.
First American Title Insurance Company
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13. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological
Failure" recorded December 15, 2004 as Instrument No. 2004-1180068 of Official Records.
14. 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.
The Following Matters Affect Parcel A:
15. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage"
recorded September 2, 2016 as Instrument No. 2016-0460153 of Official Records.
16. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological
Failure" recorded September 2, 2016 as Instrument No. 2016-0460154 of Official Records.
17. Abutter's rights of ingress and egress to or from Whiptail Loop and Gazelle Court, except at access
opening permitted hereon, have been dedicated or relinquished on the filed Map.
18. 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 Street-Design Criteria, Section 8.B.3.
The underlying property owner shall maintain this condition. 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.
19. Water rights, claims or title to water, whether or not shown by the public records.
The Following Matters Affect Parcel B:
20. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage"
recorded December 1, 2006 as Instrument No. 2006-0854466 of Official Records.
21. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological
Failure" recorded December 1, 2006 as Instrument No. 2006-0854467 of Official Records.
22. Abutter's rights of ingress and egress to or from Whiptail Loop, except access opening, have been
dedicated or relinquished on Map No. 15505 as referred to in the legal description.
23. An easement shown or dedicated on the Map as referred to in the legal description
For: Sight distance corridor and incidental purposes.
24. A Recital as shown on Map No. 15505 as follows:
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
First American Title Insurance Company
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Page Number:6
accordance with City standard public street-design criteria, Section 8.B.3. The underlying property
owner shall maintain this condition.
2. Geotechnical caution:
The owner of the 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 separate or land subsidence and subsequent damage that may occur, or
adjacent to, this subdivision due to its construction, operation or maintenance.
25. An easement for public utilities and incidental purposes, recorded March 7, 2008 as Instrument No.
2008-0122770 of Official Records.
In Favor of:
Affects:
San Diego Gas & Electric Company, a Corporation
as described therein
26. An easement for public utilities and incidental purposes, recorded March 7, 2008 as Instrument No.
2008-0122771 of Official Records.
In Favor of:
Affects:
San Diego Gas & Electric Company, a Corporation
as described therein
27. An unrecorded lease dated March 30, 2010, executed by BMR-Gazelle Court LLC, a Delaware limited
liability company as lessor and Isis Pharmaceuticals, Inc., a Delaware corporation as lessee, as
disclosed by a Memorandum of Lease recorded March 30, 2010 as Instrument No. 2010-0156794 of
Official Records.
Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown
by the public records are not shown herein.
28. The following matters disclosed by an ALTNACSM survey made by O'Day Consultants on February
2010, designated Job No. 091278-01:
Storm Drain, HOPE Storm Drain, catch Basin & Spillway, Desiltation Basin, CMP Riser, Concrete
Anchors, Subdrains, Irrigation Control Pedestral, Irrigation Control Valves/Boxes, PVC Riser, Brow
Ditch, Cleanout and Water Meters.
29. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property"
recorded May 7, 2010 as Instrument No. 2010-0232229 of Official Records.
30. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological
Failure" recorded July 22, 2010 as Instrument No. 2010-0369177 of Official Records.
31. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage"
recorded July 22, 2010 as Instrument No. 2010-0369178 of Official Records.
32. The terms and provisions contained in the document entitled "Permanent Stormwater Quality Best
Management Practice Maintenance Agreement" recorded July 23, 2010 as Instrument No. 2010-
0371455 of Official Records.
33. An easement for public water and incidental purposes, recorded August 9, 2010 as Instrument No.
2010-0406847 of Official Records.
In Favor of:
Affects:
carlsbad Municipal Water District
as described therein
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34. The terms and provisions contained in the document entitled "Encroachment Agreement"
recorded September 2, 2010 as Instrument No. 2010-0462306 of Official Records.
35. An easement for public utilities and incidental purposes, recorded November 29, 2010 as Instrument
No. 2010-0652771 of Official Records.
In Favor of:
Affects:
San Diego Gas & Electric Company, a corporation
as described therein
36. The terms and provisions contained in the document entitled "Landscape Maintenance Agreement"
recorded May 11, 2011 as Instrument No. 2011-0245163 of Official Records.
37. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property"
recorded November 18, 2016 as Instrument No. 2016-0631998 of Official Records.
38. The terms and provisions contained in the document entitled "Permanent Stormwater Quality Best
Management Practice Maintenance Agreement" recorded April 4, 2017 as Instrument No. 2017-
0151310 of Official Records.
39. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage"
recorded May 1, 2017 as Instrument No. 2017-0193102 of Official Records.
40. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological
Failure" recorded May 1, 2017 as Instrument No. 2017-0193732 of Official Records.
41. A Deed of Trust to secure an original indebtedness of $51,350,000.00 recorded July 18,
2017 as Instrument No. 2017-323134 of Official Records.
Dated: July 18, 2017
Trustor: Ionis Gazelle, LLC, a Delaware limited liability company
Trustee: Fidelity National Title Insurance Company
Beneficiary: UBS AG
A document entitled "Assignment of Leases and Rents" recorded July 18, 2017 as Instrument No.
2017-0323135 of Official Records, as additional security for the payment of the indebtedness secured
by the deed of trust.
According to the public records, the beneficial interest under the deed of trust was assigned to Wells
Fargo Bank, National Association, as Trustee for the Benefit of the Registered Holders of UBS
Commercial Mortgage Trust 2017-C3, Commercial Mortgage Pass-Through Certificates, Series 2017-
C3 by assignment recorded November 2, 2017 as Instrument No. 2017-0512265 of Official Records.
A document entitled "Assignment of Assignment of Leases and Rents" recorded November 2, 2017 as
Instrument No. 2017-0512266 of Official Records, as additional security for the payment of the
indebtedness secured by the deed of trust.
42. A financing statement recorded July 20, 2017 as Instrument No. 2017-0327419 of Official Records.
Debtor: Ionis Gazelle, LLC
Secured party: UBS AG
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According to the public records, the security interest of the secured party was assigned to Wells
Fargo Bank, National Association, as Trustee by document recorded November 2, 2017 as
Instrument No. 2017-0512267 of Official Records.
43. The terms and provisions contained in the document entitled "Encroachment Agreement"
recorded June 6, 2018 as Instrument No. 2017-0228575 of Official Records.
First American Title Insurance Company
INFORMATIONAL NOTES
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ALERT -CA Senate Bill 2 imposes an additional fee of $75 up to $225 at the time of
recording on certain transactions effective January 1, 2018. Please contact your First
American Title representative for more information on how this may affect your closing.
1. According to the latest available equalized assessment roll in the office of the county tax assessor,
there is located on the land a(n) Commercial Structure known as 2855 Gazelle
Court, Carlsbard, California.
(Affects Parcel B)
2. The property covered by this report is vacant land.
(Affects Parcel A)
3. Taxes for proration purposes only for the fiscal year 2017-2018.
First Installment: $30,921.32, PAID
Second Installment: $30,921.32, PAID
Tax Rate Area: 09013
APN: 209-120-27-00
(Affects Parcel A)
4. Taxes for proration purposes only for the fiscal year 2017-2018.
First Installment: $511,023.33, PAID
Second Installment: $511,023.33, PAID
Tax Rate Area: 09013
APN: 209-120-20-00
(Affects Parcel B)
5. Should this report be used to facilitate your transaction, we must be provided with the following
prior to the issuance of the policy:
A. WITH RESPECT TO A CORPORATION:
1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's
state of domicile.
2. A certificate 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.
3. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
4. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP:
1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto
(form LP-2) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
First American Title Insurance Company
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4. A certificate of reviver and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
5. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP:
1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any
amendments thereto (form LP-6) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendment;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of california.
5. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
D. WITH RESPECT TO A GENERAL PARTNERSHIP:
1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the
California Corporation Code (form GP-I), executed by at least two partners, and a certified copy of
any amendments to such statement (form GP-7), to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Requirements which the Company may impose following its review of the above material required
herein and other information which the Company may require.
E. WITH RESPECT TO A LIMITED LIABILITY COMPANY:
1. A copy of its operating agreement and any amendments thereto;
2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1)
and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of
articles of organization (LLC-10) to be recorded in the public records;
3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5)
to be recorded in the public records;
4. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, such document or instrument must be
executed in accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such documents must be executed by
at least two duly elected or appointed officers, as follows: the chairman of the board, the
president or any vice president, and any secretary, assistant secretary, the chief financial
officer or any assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in
the articles of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one
manager if the limited liability company properly operates with the existence of only one
manager.
5. A certificate of reviver and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of california.
6. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
F. WITH RESPECT TO A TRUST:
1. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to
the Company.
2. Copies of those excerpts from the original trust documents and amendments thereto which
designate the trustee and confer upon the trustee the power to act in the pending transaction.
3. Other requirements which the Company may impose following its review of the material require
herein and other information which the Company may require.
First American Title Insurance Company
,-/
G. WITH RESPECT TO INDIVIDUALS:
1. A statement of information.
-""' Orde~mber:NCS-917080-0NTl
Page Number: 11
The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title
Insurance Company 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 Insurance Company
LEGAL DESCRIPTION
Order~ber:NCS-917080-0NTl
Page Number:12
Real property in the City of Carlsbard, County of San Diego, State of California, described as follows:
PARCEL A: APN: 209-120-27-00
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 SAN DIEGO COUNTY,
CALIFORNIA, ON OCTOBER 13, 2016 AS DOCUMENT 2016-7000438 OF OFFICIAL RECORDS.
PARCEL B: APN: 209-120-20-00
PARCEL 1:
PARCEL "A" OF CERTIFICATE OF COMPLIANCE NO. ADJ 09-05 RECORDED JANUARY 19, 2010 AS
INSTRUMENT NO. 2010-0024854 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
LOT 14 OF CARLSBAD TRACT NO. 97-13-02, ACCORDING TO MAP THEREOF NO. 15505, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 23, 2007 AS FILE NO. 2007-0047588,
TOGETHER WITH A PORTION OF LOT 'B' OF RANCHO AGUA HEDIONDA, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
NOVEMBER 16, 1896, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 14; THENCE, ALONG THE NORTH LINE OF
SAID LOT 14, NORTH 89°09'41" EAST 629.31 FEET; THENCE SOUTH 00°31'59" WEST 8.11 FEET;
THENCE NORTH 89°53'58" EAST 392.46 FEET; THENCE NORTH 53°13'30" EAST 15.15 FEET; THENCE
SOUTH 56°49'30" EAST 85.95 FEET TO THE NORTHEAST CORNER OF SAID LOT 14, SAID CORNER
BEING ON A NON-TANGENT 264.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THE RADIAL
LINE TO SAID POINT BEARS SOUTH 56°49'30" EAST; THENCE, ALONG THE EAST LINE OF SAID LOT 14,
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°50'08" AN ARC DISTANCE OF
DISTANCE OF 26.89; THENCE, TANGENT TO SAID CURVE, SOUTH 39°00'38" WEST 329.54 FEET TO THE
BEGINNING OF A TANGENT 736.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25°07'33" A DISTANCE OF
322.76 TO THE SOUTHEAST CORNER OF SAID LOT 14, SAID CORNER ALSO BEING A POINT ON THE
SUBDIVISION BOUNDARY OF MAP NO. 14926; THENCE, ALONG THE SOUTH LINE OF SAID LOT 14 AND
THE BOUNDARY OF SAID MAP NO. 14926, NON-TANGENT TO SAID CURVE NORTH 52°33'23" WEST
148.70 FEET; THENCE SOUTH 48°06'30" WEST, 21.89 FEET TO THE BEGINNING OF A 100.00 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 34°22'48" AN ARC DISTANCE OF 60.00 FEET; THENCE 82°29'18"
WEST 147.20 FEET; THENCE NORTH 89°14'55"
WEST 410.06 FEET TO THE SOUTHWEST CORNER OF SAID LOT 14; THENCE, LEAVING SAID LOT 14
AND CONTINUING ALONG THE BOUNDARY OF SAID MAP NO. 14926, SOUTH 29°36'38" WEST 51.14
FEET; THENCE NORTH 77°38'20" WEST 216.59 FEET; THENCE, LEAVING THE BOUNDARY OF SAID MAP
NO. 14926, NORTH 43°05'58" EAST 78.45 FEET; THENCE NORTH 01 °47'45" EAST 442.55 FEET TO A
POINT ON THE SOUTHERLY BOUNDARY OF THAT PUBLIC STREET AND UTILITY EASEMENT RECORDED
JANUARY 23, 2007 AS FILE NO. 2007-0047586, SAID POINT BEING ON A NON-TANGENT 836.00 FOOT
RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 23°00'29" WEST;
THENCE, EASTERLY ALONG SAID EASEMENT AND SAID CURVE, THROUGH A CENTRAL ANGLE OF
10°54'11" AN ARC DISTANCE OF 159.09 TO THE BEGINNING OF A COMPOUND 56.00 FOOT RADIUS
CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 181°26'49" AN ARC DISTANCE OF 177.34 TO THE POINT OF BEGINNING.
First American Title Insurance Company
PARCEL 2:
,......._
Orde~mber:NCS-917080-0NTl
Page Number: 13
AN EASEMENT FOR A PRIVATE DRAINAGE OVER AND ACROSS LOT 4 OF CARLSBAD TRACT NO. 97-13-
01, CARLSBAD OAKS NORTH PHASE 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14926, RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON DECEMBER 15, 2004, AS CREATED BY EASEMENT AGREEMENT
EXECUTED BY KILROY REALTY FINANCE PARTNERSHIP, LP., A DELAWARE LIMITED PARTNERSHIP,
TECHBILT CONSTRUCTION CORP., A CALIFORNIA CORPORATION AND CARLSBAD OAKS NORTH
PARTNERS, LP., A CALIFORNIA LIMITED PARTNERSHIP, DATED JANUARY 20, 2010 AND RECORDED
JANUARY 29, 2010 AS INSTRUMENT NO. 2010-0047608 OF OFFICIAL RECORDS.
APN: 209-120-20-00 and 209-120-27-00
First American Title Insurance Company
Orde~mber:NCS-917080-0NTl
Page Number: 14
The First American Corporation
First American Title Company
Privacy Policy
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain
information. We understand that you may be concerned about what we will do with such information -
particularly any personal or financial information. We agree that you have a right to know how we will utilize the
personal information you provide to us. Therefore, together with our parent company, The First American
Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in
which we may use information we have obtained from any other source, such as information obtained from a
public record or from another person or entity. First American has also adopted broader guidelines that govern
our use of personal information regardless of its source. First American calls these guidelines its Fair Information
Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may
collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in
writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may,
however, store such information indefinitely, including the period after which any customer relationship has
ceased. Such information may be used for any internal purpose, such as quality control efforts or customer
analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of
our affiliated companies. Such affiliated companies include financial service providers, such as title insurers,
property and casualty insurers, and trust and investment advisory companies, or companies involved in real
estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore,
we may also provide all the information we collect, as described above, to companies that perform marketing
services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or
our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We
restrict access to nonpublic personal information about you to those individuals and entities who need to know
that information to provide products or services to you. We will use our best efforts to train and oversee our
employees and agents to ensure that your information will be handled responsibly and in accordance with this
Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and
procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
First American Title Insurance Company
... .....,
Order"ffl(mber: NCS-917080-ONTl
Page Number: 15
CL TA/ALTA HOMEOWNER'S POUCY OF TITLE INSURANCE (02-03-10)
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; (d) improvements on the Land;
(b) zoning; (e) land division; and
( c) land use; (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 Exclusion 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 described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
(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. The 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.
UMITATIONS 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 Liability shown in Schedule A.
Your Deductible Amount
Covered Risk 16: 1 % of Policy Amount or $2,500.00 (whichever is less)
Covered Risk 18: 1 % of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less)
Our Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POUCY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and
zoning ordinances and also laws and regulations concerning:
(a) and use
(b) improvements on the land
(c) and division
(d) environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
(a) a notice of exercising the right appears in the public records on the Policy Date
(b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3. Title Risks:
(a) that are created, allowed, or agreed to by you
(b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records
First American Title Insurance Company
( c) that result in no loss to you
Order~ber:NCS-917080-0NTl
Page Number:16
( d) that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered
Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
(a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR
(b) in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(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. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Oaimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 13, or 14); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the
coverage provided under Covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions
from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason
of:
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, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
First American Title Insurance Company
Order~ber:NCS-917080-0NTl
Page Number:17
6. Any lien or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER'S POLICY (06-17-06}
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(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. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 9 and 10); or
e. resulting in loss or damage that would not have been sustained if 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 Title 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 Title 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:
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, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
First American Title Insurance Company
Order"'ffl(mber:NCS-917080-0NTl
Page Number:18
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l{a) does not modify or
limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
b. Any governmental police power. This Exclusion l{b) does not modify or limit the coverage provided under Covered Risk 5, 6,
13(c), 13(d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured aaimant 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, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not
modify or limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability 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 limit the 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.
First American Title Insurance Company