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HomeMy WebLinkAboutV 11-01; Life Technologies Signage; Variance (V) (2)^ CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) D»v0loDment Permits (FOR DEPT. USE ONLY) Leaislative Permits (FOR DEPT. USE ONLY) 1 1 Administrative Pennit 1 1 General Plan Amendment 1 1 Coastal Devetopment Permit (*) OMinor 1 1 Local Coastal Program Amendment (*) 1 1 Conditional Use Permit (*) O Minor O Extension 1 1 Master Plan [^Amendment 1 1 Environmental Impact Assessment 1 1 Specific Plan | [Amendment 1 1 Habitat Management Permit OMinor 1 1 Zone Change (*) 1 1 Hillside Development Permit (*) 1 1 Zone Code Amendment 1 1 Planned Development Permit O Residential © Non-Residential 1 1 Planned Industrial Pemilt List other aoolications not soecified 1 1 Planning Commisston Detemiination • 1 1 Site Development Plan • l~1 Special Use Pemiit • 1 1 Tentative Tract Map (*) = eligible for 25% discount 1/1 Variance C|]Adminislrative NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPUCATIONS BE FILED, MUST BE SUBMrTTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE RLED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: 212-130-44-00 & 212-130-45-00 PROJECT NAME: Life Technologies Majtw Plat*- £\(atif{0^ BRIEF DESCRIPTION OF PROJECT: Variance request to City of Carlsbad signage requirements (Section 21.41.095) to include: Increase to max. permitted letter height from 18" to 60" fbr monument signage; change to signage location (note #8) from below to above eaveline; increase to max. letter height from 36" to 90" for wall signage; & increase to signage area from 50sf to 70sf OWNER NAME (Print): APPLICANT NAME (Print): McFarlane Architects MAILING ADDRESS: MAILING ADDRESS: 6363 Greenwich Drive, Suite 140 CITY, STATE, ZIP: CITY, STATE, ZIP: San Diego TELEPHONE: TELEPHONE: (858) 453-1150 EMAIL ADDRESS: EMAIL ADDRESS: nkmigmcfarlanearchltects.com 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE feEST OF MY KNOWLEDGE. , , SIGNATURE DATE SIGNATURE DXTE ' " ' P-1 Page 1 of5 Revised 04/09 OWNER NAME (Pnnt,^: ^APt^g4.^ <3ftg4>bfe)M^ ^ MAIUN<5 ADORESS V\.1^- W€^)^N^ , feo \Te CITY, STATE, ZIP: "g^PrT^Ug ^ Kx)(k 3M.^ EMAIL ADDRESS: I C£'RTI.>Fr TttAT I AM THf LESAL CWVNEfi AND THAT AU THE ABOVB jfiEOflMATiOrt « T|UJ£ AN© OORRICT TO THi Slgf OF MV WOMLEDOE. ./{_,ili£ln.,l •y«i/ OWNER NAME (Print): ^t^^; AAPITAT^ ^l^P MA.LINGAD0RE3S 1^2.1 ^^^ySE^e/N^S PcQg, CITY, STATE, ZIP: ^ ^^tlfJOTs ^ ^r?2^»^ ^^'•^''"^"^^ ^ID-/^D(o-^PD EMAILADDRESS; )|C/VT1D|M I Cf RTIFY THAT ( AM THE LEGAL OWNER AND THAT ALL THE ABOVE iW:)t?MApiQfttS TRU6 ANO CO^FfECT TO THC SEST OF MY DAT? BRIEF LEGAL DESCRIPTION: F'arcel '1' of parcel map #17971, in the city of Carlsbad, County of San Diego, State of CA, filed on September 3,1993 as file #.1993-0584478 LOCATION OF PROJECT: 5781 Van Allen Way STREET ADDRESS ON THE: North SIDE OF ^='y (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN Faraday AND College Blvd (NAME OF STREET) (NAME OF STREET) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTIOI«: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORPED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE^mJD/AND BIND AN<f)SUCCESSORS IN INTEREST. PROPERTY OWNER SIGNAT FOR CITY USE ONLY JAN 3 1 2011 CITY OF CARLSBAD PLANNING DEPT DATE STAMP APPLICATION RECEIVED RECEIVED BY: p-1 Page 2 of 5 Revised 04/09 BRIEF LEGAL DESCRIPTION: F'arcel '2' of parcel map #17971, in the city of Carlsbad, County of San Diego, State of CA, LOCATION OF PROJECT: filed on September 3,1993 as file #1993-0584478 5781 Van Allen Way STREET ADDRESS ON THE: North SIDE OF (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN Faraday AND Parcel 1 (NAME OF STREET) (NAME OF STREET) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDEP ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LANlBANp^IND ANY SUCCESSORS IN INTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY RECEIVED JAN 3 1 2011 CITY OF CARLSBAD PLANNING DEPT DATE STAMP APPLICATION RECEIVED RECEIVED BY: p-1 Page 2 of 5 Revised 04/09 ^ CITY OF CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Department 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 65962.5,1 have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): The development project and any altematives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Govemment Code. I I 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 PROPERTY OWNER Name: VAdrmjP^ ^^JtVCm:^ Name: H^^P^^ /S(USB(\Q UuC^ Address:(g^S ^gggNXOldA Pe^S^t^ Address: ^4 Vl.^. mieh^lV BLOP^ST'VOD Phone Number: Phone Number: Address of Site: ^7^1 U3f<v4 Local Agency (City and County):. Assessor's book, page, and parcel number:. Specify list(s): Regulatory Identification Number: Date of List: Signature/Date / ' Applicant Signature/Dati Property Owner Signature/Date vo^ Ohlrmn 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 04/09 ^ CITY OF CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Govemment Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5,1 have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): 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 Govemment Code. I I 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 PROPERTY OWNER . Name:M^.^(m^^ k^hT&CtS Name: 6?^rfl(0 O^Vlhcb^^^ll^ Address: Address: Phone Number: 6S6^^'5>3 ^0 Phone Number: bO(g ^S'^'DD Address of Site: 5761 VJ-fcV^ U>Ct\ Local Agency (City and County): Assessor's book, page, and parcel number: TXL^ '^^^ —'^tA"^X)0 i PPy^^l^C \ Specify list(s): Regulatory Identification Number: Date of List: 44 lHi=^J - ////i/ Applicant Signature/Date / / Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 04/09 ^ CITY OF EIA INFORMATION Develooment Services ^ CITY OF FORM Planning Division ^ CITY OF P-1(D) 1635 Faraday Avenue CARLSBAD P-1(D) (760) 602-4610 www.carlsbadca.gov INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the Califbrnia Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impacf or "yes impact" determination should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negative Declaration is being sought. The more information provided In this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form - Initial Study. P-1(D) Pagel of 4 Revised 07/10 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: (To be completed by City) Application Number(s): General Information 1. Name of project: Name of developer or project sponsor: I "H^-ft^^l f) ^ I ^SifsZ^ M Address Gity, State. Zip Code: (^>ft<^»>ftficA ^ QfV- ^7/)^^ Phone Number 7(PO -(gO *?> -7 2X30 3. Name of person to be contacted conceming this project: f^lll^f^ Address: 6711 \Jf<tO ^.€^0 City. State, Zip Code: APct>(5#i(VO , ^TCH^ Phone Number; "7^0 - IgQ'^ -171)0 4. Address of Project: 57^1 ^ 57 fel OA^.^ -K\1ST0 (jQ-M^j Assessor's Parcel Number: ZX7^''\^0-' j-j" ^P4S - DC)4» 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 6. Existing General Plan Land Use Designation: 7. Existing zoning district: C^flfN 4^1gP(0\^ Tpt-^t-tegiT-JlM^ 8. Existing land use(s): ^^(^[^ l1ppCa<^ 9. Proposed use of site (Project for which this form is filed): Project Description tf-KM^ 10. Sltesize: ^ .45 to:,^ f5l1l!^Jl4-S I g 1 ^ ^ ^ 11. ,Ecoposea Building square footage: ^7^^ ~ /^6? Sf ST'jf / '^3'?^ 5?*? S F 12: Number offloors of construction: •T^'^fiOICA ^ ^ 13. Amount of off-street parking provided: 14. Associated projects: p-1 (D) Page 2 ot 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes : >W 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: /A 17. If Industrial, indicate type, estimated employment per shift, and loading Acilities: 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading fadlities, and community benefits to be derived from the project: 19. If the project Involves a vanance. conditional use or rezoning applications, state this and indicate cleariy why the application is required: , ^fU^hjf\(XJlr)hi^ UtCj~^u p-1 (D) Page 3 of 4 Revised 07/10 Ars the toltowing Items applicable to tha project or its effects? Discuss all Kerns checl<ed yes (attach additional sheets as necessary). Yes No 20. Changelnexistingfeaturesofanybays, tidelands, beaches, or hills, or substantial • alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or • roads. 22. Change in pattem, scale or character of general area of project. • 23. Significant amounts of solid waste or litter. • ^ 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 • alteration of existing drainage pattems. 26. Substantial change in existing noise or vibration levels In the vicinity. • 27. Site on filled land or on slope of 10 percent or more. • 28. Use of disposal of potentially hazardous materials, such as toxic substances. • flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage. • etc.). 30. Substantially Increase fossil fuel consumption (electricity, oil, natural gas, etc.). O • ^ 31. Relationship to a larger project or series of projects. Environmental Setting Attach sheets that include a response to the fbllowing questions: 32. Describe the prpject 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 ot theyite. Snapstiots or Polaroid photos will be accepted. /Up CUIfffJ^ri^ "Z& ST/'A^^r' S>ITB 33. Describe the surrounding properties. inclu(/ing^ln^i?r»tiorr^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 photogrsphs of the vicinity. Snapshots or polaroid photos will be accepted. ^ CUf(fOef€> TO ^^Xl^h- ^^^^^ Certiflcation Q^f^Q [ T/ 0(^^ I hereby certify that the statements fumished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and thatthe facts, statements, and information presented/are true and correct to the best of my knowledge^ld belief Date: I / '( ' Signature: • , . , . For: P-1(D) Page 4 of 4 Revised 07/10 HAZARDOUS WASTE Development Services AND SUBSTANCES Planning Department ^ CITY OF CARLSBAD STATEMENT P-1(C) 1635 Faraday Avenue (760) 602-4610 www.carisbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Govemment Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5,1 have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): The development project and any altematives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Govemment Code. I 1 The development project and any altematives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Govemment Code. APPLICANT PROPERTY OWNER Name: -^^^^mjTA Name: '^^km&- Pt9fUVAdof- Address. t^\^ Address: Phone Number: lbt)"ifji0-^-' 7lO O Phone Number: ^ Address of Site: 66Z^ VWl-\7^v3 T^^itT Local Agency (City and County):. Assessor's book, page, and parcel number:. Specify list(s): Regulatory Identification Number:_ Date of List: Applfcant Signature/Date Propeirty Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quafity Act requirements in providing information about the location of hazardous materials release sites. P-1{C) Pagel of 2 Revised 04/09 BRIEF LEGAL DESCRIPTION: Portion of lot 'F' of Rancho Agua Hedionda, in fhe city of Carlsbad, County of San Diego, LOCATION OF PROJECT: ON THE: East State of CA, map theme of no. 823. filed November 16, 1896 6823 Newton Drive (NORTH, SOUTH, EAST, WEST) STREETADDRESS SIDE OF Newton Drive (NAME OF STREET) BETWEEN AND (NAME OF STREET) (NAME OF STREET) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF. PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITYCOUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ONJHE TITLE TD HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND^ICfjBIND AN^UgCESSORS IN INTEREST. PROPERTY OWNER SIGNATURE 'Sbro ftiieto FOR CITY USE ONLY DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2 of 5 Revised 04/09 OWNER NAME <Print>: ^ff^-^^^l ^^f?^ (IrimiZ^ MAILINGADORESS: \J(\hJ fdletO U3MI CITY, STATE. ZIP: ^5 , C IV ^j^ot - TILEPHONE: 76?Q - ipO^' lTXiO EMAILADDRESS: ^^^y^ ^ ^.^yX (£> jl^ktjh • CefiA 1 CERTtFY THAT 1 AM THf LEGAL OWNER AND THAT AU THE ABOVE lW=©«MATlON IS T5iU6 ANO CORRECT TO THf SiST OF MV KNOWLEDGE. Q O ^ DISCLOSURE Development Services STATEMENT Planning Department ^ CITYOF P-1 (A\ ^^^^ Faraday Avenue ~" ' ' (760)602-4610 www.carlsbadca .gov CARLSBAD 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 COIVIPLETE. 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 ali 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 oubliclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part IJf^tlt^fr^OLQ^ CWSJi^W Title_ Title Address Address tew 2. OWNER (Not the owner's agent) i^' CA" ^200 5 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% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses ofthe corporate officers. (A separate page may be attached if necessary.) Person Corp/Part Y\imm^ Ckmmj UP Title Title. Address Address^H4 I^MT^ikk BU)D ST^OD P-1 (A) Pagel of 2 Revised 04/09 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 Title Address Address_ 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? I I Yes 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. J U/Ul^, f-h^Jj'd'^,. 'I'll" 'gnsfture of owner/tJate / / / Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent p.1 (A) Page 2 of 2 Revised 04/09 ..^^ DISCLOSURE Development Services %m> STATEMENT Planning Department ^ CITY OF p -l/A\ 1635 Faraday Avenue PARI ^RAD (760)602 4610 v-»AAr\L. JD/\L^ www.carisbadca.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 unti! 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, tnJSt, 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 publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) . ^ Person Corp/Part UT^ TfTiW XfrttS W I Itie I iiie Address Address 5T^I |k|teK) Ull^ 2. OWNER (NO,.he owners agen,, CfCelSW^oToT^g 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% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part tj^f^^ TptP^TAb fegpt^ 16M Title Title Address Address 2^12^ ^^C^J^f^f^ 9r S2>l{ p-1 (A) Pagel of 2 Revised 04/09 Q 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit orqanization 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 Title Address Address Have you had more than $500 worth of business transacted with any member of City staff. Boards, Co/nmissions, Committees and/or Council within the past twelve (12) months? I I Yes _ 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. J4 ^ f/i" Sfgnraiure of applicant/date ' ' Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent p-1 (A) Page 2 of 2 Revised 04/09 DISCLOSURE Development Services STATEMENT Planning Department CITY OF p AiAX 1635 Faraday Avenue TAR I ^RAH (760)602 4610 V--»/*l VL-^./L.'/iL-' www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part ofthe 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 oubliclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) A Person Corp/Part. Title Title Address Address \/ftcfJ H^Yr^ U)l^ 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses ofthe corporate officers. (A separate page may be attached if necessary.) Person Corp/Part. Title Title Address Address p-1 (A) Pagel of 2 Revised 04/09 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit orqanization 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 ofthe. Non Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $500 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? I I Yes ^ 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. i Signg(ture/of applicant/date signature of owner/date Signature'of appli Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent [f applicable/date Print or type name of owner/applicant's agent p-1 (A) Page 2 of 2 Revised 04/09 City of Carlsbad Faraday Center Faraday Cashiering 001 1103101-2 01/31/2011 98 Mon, Jan 31, 2011 03:45 PM Receipt Ref Nbr: Rl103101-2/0043 PERMITS - PERMITS Tran Ref Nbr: 110310102 0043 0051 Trans/Rcpt#: R0082992 SET #: VnOOOO! Amount: 1 @ $2,916.00 Item Subtotal: $2,916.00 Item Total: $2,916.00 1 ITEM(S) TOTAL: $2,916.00 Check (Chk# 002519) $2,916.00 Total Received: $2,916.00 Have a nice day! **************CUSTOMER COPY************* City of Carlsbad 1535 Faraday Avenue Carlsbad CA 92008 Applicant: MCFARLANE ARCHITECTS Description VllOOOOl 5781 VAN ALLEN WY CBAD Amount 2,916.00 Receipt Number: R0082992 Transaction Date: 01/31/2011 Transaction ID: R0082992 Pay Type Method Payment Check Description Amount 2,916.00 Transaction Amount: 2,916.00 ® Chicago Title Company Commercial/Industrial Division, 700 South Flower, Suite 800 Los Angeles, CA 90017 (213) 488-4300 Title Department: Chicago Title Company Attn: DaveBalassi Email: Dave.Balassi(5),CTT.com Phone: (213)488-4394 Fax: (213)488-4360 Order No.: 910020024-X49 Escrow Department: Chicago Title Company Attn: AmyHiraheta Email: Amy.Hiraheta@CTT.com Phone: (213)488-4300 Fax: (213)612-4193 NBU No.: 80900036 PRELIMINARY REPORT Property Address: 5791 Van Allen Way, Carlsbad, CA Dated as of: January 21, 2010 at 7:30 am In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said Policy forms. The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of titie insurance, a Binder or Commitment should be requested. The pohcy(s) of title insurance to be issued hereunder will be pohcy(s) of Chicago Titie Insurance Company Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One 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. CLTA Preliminary Report Form - Modified (11-17-06) Page 1 OrderNc: 910020024-X49 SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee as to Parcel(s) 1; An Easement more fully described below as to Parcel(s) 2 2. Titie to said estate or interest at the date hereof is vested in: Mararisk Carlsbad LLC, a Delaware limited liability company 2001-109397 3. The land referred to in this report is situated in the State of Califomia, County of San Diego and is described in the Legal Description, attached hereto: END OF SCHEDULE A CLTA Preliminary Report Form - Modified (11-17-06) OrderNc: 910020024-X49 LEGAL DESCRIPTION PARCEL 1: PARCEL 2 OF PARCEL MAP NO. 17971. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 24, 1997 AS FILE NO. 1997-0656621 OF OFFICIAL RECORDS. PARCEL 2: NON-EXCLUSIVE EASEMENTS ESTABLISHED IN DOCUMENT ENTITLED "THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF CARLSBAD RESEARCH CENTER" RECORDED JUNE 29. 1988 AS FILE NO. 88-313420 OF OFFICIAL RECORDS , BY A DECLARATION OF ANNEXATION THE PROVISIONS OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE EXTENDED TO INCLUDE THE HEREIN DESCRIBED LAND BY AN INSTRUMENT RECORDED: DECEMBER 8. 1992 AS FILE NO. 92-0786590 OF OFFICIAL RECORDS. A MODIFICATION OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS WAS RECORDED: JUNE 1. 1995 AS FILE NO. 95-0230848 OF OFFICIAL RECORDS. PARCEL 3: NON-EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN ACCESS, PARKING AND CROSS-DRAINAGE AS ESTABLISHED IN THE "RECIPROCAL PARKING AND ACCESS AGREEMENT" RECORDED JANUARY 21, 2010 AS INSTRUMENT NO. 2010-0029857. OF OFFICIAL RECORDS. END OF LEGAL DESCRIPTION CLTA Preliminary Report Form - Modified (11-17-06) Page 3 OrderNc: 910020024-X49 SCHEDULE B At the date hereof, items to be considered and exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: A. Property taxes, including any assessments collected with taxes, for the fiscal year 2010 - 2011 that are a lien not yet due. B. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2009 - 2010 r'Installment: $51,013.84 (Paid) 2"" Installment: $51,013.84 Penalty and Cost: $5,111.38 (Due after April 10) Homeowners Exemption: $None Code Area: 09013 Assessors Parcel Number: 212-130-45 C. Supplemental assessment for the fiscal year 2008-2009, Installment: $1,056.68 Penalty: $ 105.66 Due after March 31, 2009 2°''Installment: $1,056.68 Penalty and Cost: $ 115.66 Due after July 31, 2009 Supplemental Bin No. 8891638798 Assessors Parcel Number: 212-130-45 D. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Part 0.5, Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing with Section 75) of the Revenue and Taxation Code of the State of Califomia as a result of the transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new construction occurring prior to date of policy. E. The fact that the property lies within the City ofCarlsbad Assessment District 85-2 (College Blvd), a s disclosed by an Amended Diagram September 19. 1988 as file no. 88-469414 of official records, and recorded July 30. 1992 as file no. 92-0475542 official records. Reference is hereby made to said document for full particulars. 1. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Purpose: Road ingress and egress Recorded: December 31. 1969 as file no. 236218 of official records Affects: The route thereof affects a portion of said land and is more fully described in said document. CLTA Preliminary Report Form - Modified (11-17-06) Page 4 Order No.: 910020024-X49 SCHEDULE B (continued) Note: a portion of said easement was modified by instrument recorded September 17. 1971 as file no. 211501 of official records. 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Purpose: Road ingress and egress Recorded: Aoril 25. 1977 as file no. 77-151223 of official records Affects: The route thereof affects a portion of said land and is more fiilly described in said document. 3. A document entitled "Construction of a Dam and Creation of a Reservoir", dated, June 30, 1980, executed by Japatul Corporation, a Califomia corporation and Carlsbad Pacific Business Center, a Califomia general partnership, subject to all the terms, provisions and conditions therein contained, recorded June 30. 1980 as file no. 80-206227 of official records. Reference is hereby made to said document for fiill particulars. 4. Matters contained in that certain document entitled "Agreement for Drainage" executed by and between Carlsbad Center and the City of Carlsbad, recorded November 3. 1986 as file no. 86- 501526 of official records. Reference is hereby made to said document for full particulars. 5. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded: June 29. 1988 as file no. 88-313420 of official records Note: Section 12956.1 of the govemment code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Govemment Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be constmed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, Califomia Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, goveming document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or Deed of Trast made in good faith and for value. CLTA Preliminary Report Form - Modified (11-17-06) Page 5 Order No.: 910020024-X49 SCHEDULE B (continued) Said instmment also provides for the levy of assessments, the lien of which are stated to be subordinate to the lien of certain mortgages or deeds of tmst made in good faith and for value. Among other things, said document provides: Contains easements The provisions of said covenants, conditions and restrictions were extended to include the herein described land by an instmment Recorded: December 8. 1992 as file no. 92-0786590 of official records Modification(s) of said covenants, conditions and restrictions Recorded: June 1. 1995 as file no. 95-0230848 of official records 6. Matters contained in that certain document entitled "To Hold Harmless Agreement for Drainage" executed by and between Upland Industries Corporation and the City of Carlsbad, recorded Mav 6. 1991 as file no. 1991-0208521 of official records, which document, among other things, contains or provides for: as set forth in said document. Reference is hereby made to said document for full particulars. 7. Matters contained in that certain document entitled "An Agreement to pay Bridge and Thoroughfare Fees" dated April 24, 1991,executed by and between Upland Industries Corporation, a Nebraska Corporation and the City of Carisbad, recorded Mav 6. 1991 as file no. 1991-0208522 of official records, which document, among other things, contains or provides for: as set forth in said document. Reference is hereby made to said document for full particulars. 8. Matters contained in that certain document entitled "An Agreement to pay Drainage Fees as Required by the Growth Management Program and the Adopted Local Facilities Management Plan for Zone-5 Sunnycreek Drainage Area" dated April 24, 1991, executed by and between Upland Industries Corporation and the City of Carlsbad, recorded May 6. 1991 as file no. 1991-0208523 of official records. Reference is hereby made to said document for full particulars. 9. The fact that the ownership of said land does not include rights of access to or from the sti-eet, highway, or freeway abutting said land, such rights having been relinquished by the Map of said Tract. Affects: Faraday Avenue (except 40' access opening No.l as indicated on Parcel Map 17971) CLTA Preliminary Report Form - Modified (11-17-06) Page 6 OrderNc: 910020024-X49 SCHEDULE B (continued) Said land, however, abuts upon a public thoroughfare other than the road referred to above, over which rights of vehicular ingress and egress have not been relinquished. 10. The fact that said land lies within the boundaries of Reassessment District No. 97-1, as disclosed by instmment recorded December 18. 1997 as file no. 1997-0643902 of official records. A "Notice of Reassessment" recorded December 18. 1997 as file no. 1997-0643903 of official records. 11. Matters contained in that certain document entitled "To Hold Harmless Agreement for Drainage" dated November 21, 1997 executed by and between Carlsbad Business Park, LLC, a Califomia limited liability Company, recorded Febmary 19. 1998 as file no. 1998-0085420 of official records. Reference is hereby made to said document for full particulars. 12. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Carlsbad Municipal Water District, a public agency Purpose: Water line Recorded: April 8. 1998 as file no. 1998-0198386 of official records Affects: The route thereof affects a portion of said land and is more fully described in said document. 13. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: San Diego Gas & Electric Company, a corporation Purpose: Public utilities, ingress and egress Recorded: April 23. 1998 as file no. 1998-0232254 of official records Affects: The route thereof affects a portion of said land and is more fully described in said document. 14. Any rights, interests or claims which may exist or arise by reason of the following matters disclosed by an inspection or survey: A) The fact that there is a joint sidewalk with property adjacent on the North. 15. A Deed of Trast With Absolute Assignment of Leases and Rents and Security Agreement and Fixture Filing, to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $ 8,250,000.00 Dated: December 17, 2007 Tmstor: Mararisk Carlsbad LLC, a Delaware limited liability company Trastee: UnionBanCal Mortgage Corporation, a Califomia corporation Beneficiary: Union Bank of Califomia, N.A. Recorded: December 21, 2007 as Instmment No. 2007-0785938 of Official Records. CLTA Preliminary Report Form - Modified (11-17-06) o OrderNc: 910020024-X49 SCHEDULE B (continued) 16. An Unrecorded Lease, affecting the premises herein described, executed by and between the parties herein named, for the term and upon the terms and provisions therein set forth. Type of Lease: Commercial Lessor: Mararisk Carlsbad, LLC, a Delaware limited liability company Lessee: Invitrogen Corporation Disclosed By: Notice of Non-Responsibility Recorded: June 27. 2007 as file no. 2007-0431239 official records An agreement which states that this instmment was subordinated To: A Deed of Tmst Recorded: December 21, 2007 as Instmment No. 2007-0785938 of Official Records. By Agreement Recorded: December 21, 2007 as Instmment No. 2007-0785939 of Official Records. 17. Any claims for mechanic's liens that may be recorded, by reason of a recent work of improvement in progress and/or completed at the date hereof. 18. A Notice of Restriction on Real Property Recorded: January 21, 2010 as Instmment No. 2010-0029856. of Official Records 19. A document subject to all the terms, provisions and conditions therein contained. Entitled: Reciprocal Parking and Access Agreement Recorded: January 21, 2010 as Instmment No. 2010-0029857. of Official Records 20. Water rights, claims or title to water, whether or not disclosed by the public records. 21. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in possession thereof. This office must be notified at least 7 business days prior to the scheduled closing in oi"der to arrange for an inspection of the land; upon completion of this inspection you will be notified of the removal of specific coverage exceptions and/or additional exceptions to coverage. 22. Any rights of parties in possession of said land, based on any unrecorded lease, or leases. This Company will require a full copy of any unrecorded lease, together with all supplements, assignments, and amendments for review. CLTA Preliminary Report Form - Modified (11-17-06) Pages Order No.: 910020024-X49 SCHEDULE B (continued) END OF SCHEDULE B CLTA Preliminary Report Form - Modified (11-17-06) Page 9 OrderNc: 910020024-X49 INFORMATIONAL NOTES Note No. 1: Section 12413.1, Califomia Insurance Code became effective January 1, 1990. This legislation regulates the disbursement of funds deposited with any title entity acting in an escrow or sub-escrow capacity. The law requires that all funds be deposited and collected by the title entity's escrow and/or sub-escrow account prior to disbursement of any funds. Some methods of fiinding may be subject to a holding period, which must expire before any funds may be disbursed. In order to avoid any such delays, all funding should be done via wire transfer. Funds deposited with the Company via wire transfer may be disbursed upon receipt. Funds deposited by cashiers checks, certified checks, and teller's checks is one business day after the day deposited. Other checks may require hold periods from two to five business days after the day deposited, and may delay your closing. The Company may receive benefits from such banks based upon the balances in such accounts. Such benefits will be retained by the Company as part of its compensation for handling such funds. Note No. 2: The charge where an order is cancelled after the issuance of the report of title, will be that amount which in the opinion of the Company is proper compensation for the services rendered or the purpose for which the report is used, but in no event shall said charge be less that the minimum amount required under Section 12404.1 of the Insurance Code of the State of Califomia. If the report cannot be cancelled "no fee" pursuant to the provisions of said Insurance Code, then the minimum cancellation fee shall be that permitted by law. Note No. 3: Califomia Revenue and Taxation Code Section 18668, effective January 1, 1991, requires that the buyer in all sales of Califomia Real Estate, withhold 3-1/3% of the total sales price as Califomia State Income Tax, subject to the various provisions of the law as therein contained, and as amended. Note No. 4: Your application for title insurance was placed by reference to a street address or assessor's parcel number. Based upon our records, we believe that the description in this report covers the parcel that you requested. To prevent errors, we require written confirmation that the legal description contained herein covers the parcel that you requested. Note No. 5: The plat, (map), which is attached to this report, is to assist you in locating land with reference to streets and other parcels. While this plat is believed to be correct, the Company assumes no liability for any loss occurring by reason of reliance thereon. Note No. 6: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. Note No. 7: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, 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. CLTA Preliminary Report Form - Modified (11-17-06) Page 10 OrderNc: 910020024-X49 INFORMATIONAL NOTES (continued) Note No. 8: This Company will require for review the following documents from the following Limited Liability Company: Mararisk Carlsbad LLC, a Delaware limited liability company A. A copy of its Operating Agreement and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager. B. Confirmation that its Articles of Organization (LLC-1), and Certificate of Amendment (LLC-2), any restated Articles of Organization (LLC-10) and/or any Certificate of Correction (LLC-11) have been filed with the Secretary of State. C. If the Limited Liability Company is member-managed a full and complete list of members certified by the appropriate manager. D. If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company, that it was validly formed, is in good standing and authorized to do business in the state of origin. E. If the Limited Liability Company was formed in a foreign jurisdiction, evidence satisfactory to the Company, that it has complied with California "doing business" laws, if applicable. ATTACHMENT ONE PRIVACY STATEMENT IMPORTANT INFORMATION: For those of vou receiving this report bv electronic deliverv the Privacv Statement and Attachment One are linked to this report. Please review this information bv selecting the link. For those of vou who are receiving a hard copy of this report, a copy of this information has been submitted for vour review. CLTA Preliminary Report Form - Modified (11-17-06) Page 11 c o INFORMATIONAL NOTES (continued) OrderNc: 910020024-X49 NOTICE You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in Califomia between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information conceming a prior transaction, the Company is required to determine if you qualify for a discount. Effective through November 1, 2014 CLTA Preliminaty Report Form - Modified (11-17-06) Page 12 Chicago Title Company Commercial/Industrial Division, 700 South Flower, Suite 800 Los Angeles, CA 90017 (213) 488-4300 Title Department: Escrow Department: Chicago Title Company Chicago Title Company Attn: JohnBalassi/Jeff Kurd Attn: AmyHiraheta Email: Dave.Balassi(a)CTT.com Email: Amv.Hiraheta(a),ctt.com Phone: (213)488-4371 NBU No. 80900011 Fax: (213)488-4360 Order No.: 910020010-X49 PRELIMINARY REPORT Property Address: 5781 Van Allen Way, Carlsbad, CA Dated as of: January 27, 2010 at 7:30 am In response to the application for a policy of titie insurance referenced herein, Chicago Titie Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said Policy forms. The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of titie insurance, a Binder or Commitment should be requested. The pohcy(s) of titie insurance to be issued hereunder will be pohcy(s) of Chicago Titie Insurance Company Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One 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. CLTA Preliminary Report Form - Modified (11-17-06) Page 1 Order No.: 910020010-X49 SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee 2. Titie to said estate or interest at the date hereof is vested in: 06-102441 & 07-719187 Griffin Capital (Carlsbad Pointe) Investors, LLC, a Delaware Limited Liability Company, as to an undivided 1.0000% interest; Griffin Capital (Carlsbad Pointe) Investor 1, LLC, a Delaware Limited Liability Company, as to an undivided 5.5484% interest; Griffin Capital (Carlsbad Pointe) Investor 2, LLC, a Delaware Limited Liability Company, as to an undivided 3.2258% interest; Griffin Capital (Carlsbad Pointe) Investor 3, LLC, a Delaware Limited Liability Company, as to an undivided 2.5806% interest; Griffin Capital (Carlsbad Pointe) Investor 4, LLC, a Delaware Limited Liability Company, as to an undivided 3.2258% interest; Griffin Capital (Carlsbad Pointe) Investor 5, LLC, a Delaware Limited Liability Company, as to an undivided 3.4839% interest; Griffin Capital (Carlsbad Pointe) Investor 6, LLC, a Delaware Limited Liability Company, as to an undivided 0.9452% interest; Griffin Capital (Carlsbad Pointe) Investor 7, LLC, a Delaware Limited Liability Company, as to an undivided 3.2258% interest; Griffin Capital (Carlsbad Pointe) Investor 8, LLC, a Delaware Limited Liability Company, as to an undivided 0.9452% interest; Griffin Capital (Carlsbad Pointe) Investor 9, LLC, a Delaware Limited Liability Company, as to an undivided 6.4516% interest; Griffin Capital (Carlsbad Pointe) Investor 10, LLC, a Delaware Limited Liability Company, as to an undivided 3.3613% interest; Griffin Capital (Carlsbad Pointe) Investor 11, LLC, a Delaware Limited Liability Company, as to an undivided 4.5161% interest; CLTA Preliminary Report Form - Modified (11-17-06) Page 2 o o OrderNc: 910020010-X49 SCHEDULE A (continued) Griffin Capital (Carlsbad Pointe) Investor 12, LLC, a Delaware Limited Liability Company, as to an undivided 3.3452% interest; Griffin Capital (Carlsbad Pointe) Investor 13, LLC, a Delaware Limited Liability Company, as to an undivided 3.2258% interest; Griffin Capital (Carlsbad Pointe) Investor 14, LLC, a Delaware Limited Liability Company, as to an undivided 3.2258% interest; Griffin Capital (Carlsbad Pointe) Investor 15, LLC, a Delaware Limited Liability Company, as to an undivided 2.7419% interest; Griffin Capital (Carlsbad Pointe) Investor 16, LLC, a Delaware Limited Liability Company, as to an undivided 3.4581% interest; Griffin Capital (Carlsbad Pointe) Investor 17, LLC, a Delaware Limited Liability Company, as to an undivided 4.0000% interest; Griffin Capital (Carlsbad Pointe) Investor 18, LLC, a Delaware Limited Liability Company, as to an undivided 10.0968% interest; Griffin Capital (Carlsbad Pointe) Investor 19, LLC, a Delaware Limited Liability Company, as to an undivided 2.8419% interest; Griffin Capital (Carlsbad Pointe) Investor 20, LLC, a Delaware Limited Liability Company, as to an undivided 2.8710% interest; Griffin Capital (Carlsbad Pointe) Investor 21, LLC, a Delaware Limited Liability Company, as to an undivided 3.2258% interest; Griffin Capital (Carlsbad Pointe) Investor 22, LLC, a Delaware Limited Liability Company, as to an undivided 3.2258% interest; Griffin Capital (Carlsbad Pointe) Investor 23, LLC, a Delaware Limited Liability Company, as to an undivided 3.2290% interest; Griffin Capital (Carlsbad Pointe) Investor 24, LLC, a Delaware Limited Liability Company, as to an undivided 2.6000% interest; Griffin Capital (Carlsbad Pointe) Investor 25, LLC, a Delaware Limited Liability Company, as to an undivided 2.5655% interest; Griffin Capital (Carlsbad Pointe) Investor 26, LLC, a Delaware Limited Liability Company, as to an undivided 3.2258% interest; CLTA Preliminary Report Form - Modified (11-17-06) Page 3 \m/ OrderNc: 910020010-X49 SCHEDULE A (continued) Griffin Capital (Carlsbad Pointe) Investor 27, LLC, a Delaware Limited Liability Company, as to an undivided 2.9032% interest; Griffin Capital (Carlsbad Pointe) Investor 28, LLC, a Delaware Limited Liability Company, as to an undivided 2.5806% interest; Griffin Capital (Carlsbad Pointe) Investor 29, LLC, a Delaware Limited Liability Company, as to an undivided 2.1290% interest, all as tenants in common 3. The land referred to in this report is situated in the State of Califomia, County of San Diego and is described in the Legal Description, attached hereto: END OF SCHEDULE A CLTA Preliminary Report Form - Modified (11-17-06) Page 4 OrderNc: 910020010-X49 LEGAL DESCRIPTION PARCEL 1: PARCEL 1 OF PARCEL MAP NO. 17971, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 24, 1997 AS FILE NO. 1997-0656621 OF OFFICIAL RECORDS. PARCEL 2: NON-EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN ACCESS, PARKING AND CROSS-DRAINAGE AS ESTABLISHED IN THE "RECIPROCAL PARKING AND ACCESS AGREEMENT" RECORDED JANUARY 21, 2010 AS INSTRUMENT NO. 2010-0029857. OF OFFICIAL RECORDS. (APN: 212-130-44) END OF LEGAL DESCRIPTION CLTA Preliminary Report Form - Modified (11-17-06) o OrderNc: 910020010-X49 SCHEDULE B At the date hereof, items to be considered and exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: A. Property taxes, including any assessments collected with taxes, for the fiscal year 2010 - 2011 that are a lien not yet due. B. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2009 - 2010 1^' Installment: $300,926.98 (Paid) 2"" Installment: $300,926.98 (Paid) Code Area: 09013 Assessors Parcel Number: 212-130-44 C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Part 0.5, Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing with Section 75) of the Revenue and Taxation Code of the State of Califomia as a result of the transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new constraction occurring prior to date of policy. 1. The limitations, covenants, conditions and restrictions, reservations, easements, terms, liens, assessments, provisions and charges, but deleting any covenant, condition or restriction indicating a reference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions and restrictions violate 42 USC 3604(c) as contained in the Declaration of Restrictions June 29. 1988 as file no. 88-313420 official records. Said instmment also provides that all liens created by this Declaration of Restrictions, including, but not limited to, any regular or special assessments for the payment of money, shall be subordinate to the lien created by any first Deed of Trast or First Mortgage. Said instmment provides that a violation thereof shall neither defeat nor render invalid the lien of any mortgage or deed of tmst made for value. Note: Section 12956.1 ofthe govemment code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 ofthe Govemment Code. 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." CLTA Preliminary Report Form - Modified (11-17-06) Page 6 OrderNc: 910020010-X49 SCHEDULE B (continued) The provisions of said covenants, conditions and restrictions were extended to include the herein described land by an instmment Recorded: December 8. 1992 as file no. 1992-0786590 of official records Modification(s) of said covenants, conditions and restrictions Recorded: June 1. 1995 as file no. 1995-0230848 of official records 2. The fact that said land lies within the Community Facilities District No. 1, as disclosed by instmment recorded December 19. 1990 as file no. 90-0674118 of official records. 3. A document entitled "a Hold Harmless Agreement for Drainage", dated, December 21, 1990, executed by Upland Industries Corporation and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded May 6. 1991 as file no. 1991-0208521 of official records. Reference is hereby made to said document for full particulars. 4. A document entitled "an Agreement to Pay Bridge and Thoroughfare Fees", dated, April 24, 1991, executed by Upland Industries Corporation, a Nebraska Corporation and the City of Carlsbad, a Municipal Corporation, subject to all the terms, provisions and conditions therein contained, recorded Mav 6. 1991 as file no. 1991-0208522 of official records: however, all fees due and payable have been paid as of the date hereof. Reference is hereby made to said document for full particulars. 5. A document entitled "An Agreement to Pay Drainage Fees as Required by the Growth Management Program and the Adopted Local Facilities Management Plan for Zone - 5 Sunnycreek Drainage Area", dated, April 24, 1991, executed by Upland Industries Corporation, a Nebraska Corporation and the City of Carlsbad, a Municipal Corporation, subject to all the terms, provisions and conditions therein contained, recorded May 6. 1991 as file no. 1991-0208523 of official records: however, all fees due and payable have been paid as of the date hereof. Reference is hereby made to said document for fiill particulars. 6. The fact that the ownership of said land does not include any rights of ingress or egress to or from College Boulevard adjacent thereto, said rights having been relinquished on Map No. 12815. 7. The fact that the Ownership of said land does not include any rights of ingress and egress to or from College Boulevard adjacent thereto, said rights having been relinquished as shown on Parcel Map No. 17971. CLTA Preliminary Report Form - Modified (11-17-06) Page 7 Order No.: 910020010-X49 SCHEDULE B (continued) 8. Any rights, interests, or claims which may exist or arise by reason of the following facts shown on a survey plat entitled "ALTA/ACSM Land Title Survey" dated October 13, 2005 and last revised February 3, 2006 prepared by O'Day Consultants. A. The encroachment of and the interest of the various utility facilities and block walls along the boundary line adjacent to College Boulevards. B. The encroachment of and the interest of an existing electrical transformer pad, over the northwest property line, by a distance of 1.94 feet. C. A chain link fence, which follows along the northwest boundary, encroaches into the adjacent property by 0.64 feet. 9. An easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded map shown below. Map of: Parcel Map No. 17971 Easement Purpose: 20' Drainage Affects: a portion of Parcel 1, as shown thereon 10. A document entitled "Hold Harmless Agreement Drainage", dated, November 21, 1997, executed by Carlsbad Business Park, L.L.C, a Califomia Limited Liability Company, subject to all the terms, provisions and conditions therein contained, recorded Febmary 19. 1998 as file no. 1998- 0085420 of official records. Reference is made to said document for full particulars. 11. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Carlsbad Municipal Water District, a public agency organized in the State of Califomia Purpose: Water Line Recorded: April 8. 1998 as file no. 1998-0198386 of official records Affects: the route affects a portion of said the remainder parcel as more fully described in said document Reference is hereby made to said document for full particulars. CLTA Preliminary Report Form - Modified (U-17-06) Page i OrderNc: 910020010-X49 SCHEDULE B (continued) 12. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: San Diego Gas and Electric Company Purpose: public utilities, ingress and egress Recorded: April 23. 1998 as file no. 1998-0232254 of official records Affects: the route affects a portion of said the remainder parcel as more fully described in said document Reference is hereby made to said document for fiill particulars. 13. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: San Diego Gas and Electric Company Purpose: public utilities, ingress and egress Recorded: November 19. 2001 as file no. 2001-0840366 of official records Affects: The exact location and extent of said easement is not disclosed of record 14. A document entitled "Encroachment Agreement", dated, Febmary 12, 2002, executed by City of Carlsbad and Invitrogen Corporation, subject to all the terms, provisions and conditions therein contained, recorded August 2. 2002 as file no. 2002-0654140 of official records. Reference is hereby made to said document for full particulars. 15. A document entitled "Tenants In Common Agreement", dated February 10, 2006, executed by Griffin Capital (Carlsbad Pointe) Investors, LLC, a Delaware Limited Liability Company ("Griffin Investors"), et al, subject to all the terms, provision(s) and conditions therein contained, recorded Febraary 13. 2006 as file no. 2006-0102443 of official records Reference is hereby made to said document for fiill particulars. 16. A document entitled "Call Agreement", dated, Febmary 10, 2006, executed by Griffin Capital Corporation, a Califomia corporation (the "Asset Manager"), et al, subject to all the terms, provisions and conditions therein contained recorded Febmary 13, 2006 as file no. 2006-0102444 of official records. Reference is hereby made to said document for full particulars. CLTA Preliminary Report Form - Modified (11-17-06) Page 9 o OrderNc: 910020010-X49 SCHEDULE B (continued) 17. A Deed of Tmst to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: Dated: Tmstor: $37,000,000.00 Febraary 10, 2006 Griffin Capital Griffin Capita Griffin Capital Griffin Capital Griffin Capita Griffin Capita Griffin Capita Griffin Capital Griffin Capita Griffin Capita Griffin Capita Griffin Capita Griffin Capital Griffin Capita Griffin Capita Griffin Capita Griffin Capita Griffin Capital Griffin Capita Griffin Capital Griffin Capital Griffin Capita Griffin Capita Griffin Capita Griffin Capita Griffin Capita Griffin Capita Griffin Capita Griffin Capital Griffin Capital (Carlsbad Pointe (Carlsbad Pointe (Carlsbad Pointe (Carlsbad Pointe (Carlsbad Pointe (Carlsbad Pointe (Carlsbad Pointe (Carlsbad Pointe (Carlsbad Pointe (Carlsbad Pointe (Carlsbad Pointe (Carlsbad Pointe (Carlsbad Pointe (Carlsbad Pointe (Carlsbad Pointe (Carlsbad Pointe (Carlsbad Pointe (Carlsbad Pointe (Carlsbad Pointe (Carlsbad Pointe (Carlsbad Pointe (Carlsbad Pointe (Carlsbad Pointe (Carlsbad Pointe (Carlsbad Pointe (Carlsbad Pointe (Carlsbad Pointe (Carlsbad Pointe (Carlsbad Pointe ;) Investors, LLC, :) Investor 1, LLC, ;) Investor 2, LLC, ;) Investor 3, LLC, ) Investor 4, LLC, ;) Investor 5, LLC, ;) Investor 6, LLC, ) Investor 7, LLC, ;) Investor 8, LLC, ;) Investor 9, LLC, i) Investor 10, LLC, ;) Investor 11, LLC, :) Investor 12, LLC, :) Investor 13, LLC, ) Investor 14, LLC, ;) Investor 15, LLC, :) Investor 16, LLC, ;) Investor 17, LLC, :) Investor 18, LLC, :) Investor 19, LLC, i) Investor 20, LLC, :) Investor 21, LLC, ;) Investor 22, LLC, :) Investor 23, LLC, :) Investor 24, LLC, ) Investor 25, LLC, ) Investor 26, LLC, ) Investor 27, LLC, ) Investor 28, LLC, ) Investor 29, LLC, each a Delaware Tmstee: Beneficiary: Recorded: (Carlsbad Pointe limited liability company , all as tenants in common Chicago Titie Company JPMorgan, Chase Bank, N.A. Febraary 13. 2006 as File No. 2006-0102445 of Official Records. CLTA Preliminary Report Form - Modified (11-17-06) Page 10 OrderNc: 910020010-X49 SCHEDULE B (continued) 18. An assignment ofthe beneficial interest under said Deed of Trast which names: As Assignee: Wells Fargo Bank, N.A. as Trastee for the Benfit of the Holders of J.P. Morgan Chase Commercial Mortgage Securities Corp., Commericial Mortgage Pass-Through Certificiates, Series 2006- LDP6 Recorded: October 25. 2006 as File No. 2006-0757644 of Official Records An assignment of all monies due, or to become due as rent or otherwise from said land, to secure payment of an indebtedness, shown below and upon the terms and conditions therein. Amount: Assigned to: By: $37,000,000.00 JPMorgan Chase Bank, N.A. Griffin Capital Griffin Capital Griffin Capital Griffin Capital Griffin Capital Griffin Capital Griffin Capital Griffin Capital Griffin Capital Griffin Capital Griffin Capital Griffin Capital Griffin Capital Griffin Capital Griffin Capital Griffin Capital Griffin Capital Griffin Capital Griffin Capital Griffin Capital Griffin Capital Griffin Capital Griffin Capital Griffin Capital Griffin Capital Griffin Capital Griffin Capital Griffin Capital Griffin Capital Griffin Capital (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) (Carlsbad Pointe) each a Delaware limited liability Investors, LLC, Investor 1, LLC, Investor 2, LLC, Investor 3, LLC, Investor 4, LLC, Investor 5, LLC, Investor 6, LLC, Investor 7, LLC, Investor 8, LLC, Investor 9, LLC, Investor 10, LLC, Investor 11, LLC, Investor 12, LLC, Investor 13, LLC, Investor 14, LLC, Investor 15, LLC, Investor 16, LLC, Investor 17, LLC, Investor 18, LLC, Investor 19, LLC, Investor 20, LLC, Investor 21, LLC, Investor 22, LLC, Investor 23, LLC, Investor 24, LLC, Investor 25, LLC, Investor 26, LLC, Investor 27, LLC, Investor 28, LLC, Investor 29, LLC, company Recorded: Febmary 13. 2006 as File No. 2006-0102446 of Official Records CLTA Preliminary Report Form - Modified (11-17-06) Page 11 OrderNc: 910020010-X49 SCHEDULE B (continued) An assignment of assignment of rents which names: As Assignee: Wells Fargo Bank, N.A. as Tmstee for the Benfit of the Holders of J.P. Morgan Chase Commercial Mortgage Securities Corp., Commericial Mortgage Pass-Through Certificiates, Series 2006- LDP6 Recorded: October 25. 2006 as File No. 2006-0757644 of Official Records 19. A financing statement filed with the office of the county recorder, showing Debtor: Griffin Capital (Carlsbad Pointe) Investors, LLC Secured Party: JPMorgan Chase Bank, N.A. Recorded: Febmarv 13. 2006 as file no. 2006-0102447 of Official Records Property Covered: said land A change to the above Financing Statement was filed Nature of Change: Assignment to Wells Fargo Bank, N.A. as Trastee for the Benfit of the Holders of J.P. Morgan Chase Commercial Mortgage Securities Corp., Commericial Mortgage Pass-Through Certificiates, Series 2006-LDP6 Recorded: October 25. 2006 as File No. 2006-0757665 of Official Records 20. An unrecorded lease affecting the premises herein described, executed by and between the parties herein named, with certain terms, covenants, conditions and provisions set forth therein. Lessor: Griffin Capital (Carlsbad Pointe) Investors, LLC, a Delaware Limited Liability Company, as to an undivided 1.0000% interest; Griffin Capital (Carlsbad Pointe) Investor 1, LLC, a Delaware Limited Liability Company, as to an undivided 5.5484% interest; Griffin Capital (Carlsbad Pointe) Investor 2, LLC, a Delaware Limited Liability Company, as to an undivided 3.2258% interest; Griffin Capital (Carlsbad Pointe) Investor 3, LLC, a Delaware Limited Liability Company, as to an undivided 2.5806% interest; Griffin Capital (Carlsbad Pointe) Investor 4, LLC, a Delaware Limited Liability Company, as to an undivided 3.2258% interest; Griffin Capital (Carlsbad Pointe) Investor 5, LLC, a Delaware Limited Liability Company, as to an undivided 3.4839% interest; Griffin Capital (Carlsbad Pointe) Investor 6, LLC, a Delaware Limited Liability Company, as to an undivided 0.9452% interest; CLTA Preliminary Report Form - Modified (11-17-06) Page 12 OrderNc: 910020010-X49 SCHEDULE B (continued) Griffin Capital (Carlsbad Pointe) Investor 7, LLC, a Delaware Limited Liability Company, as to an undivided 3.2258% interest; Griffin Capital (Carlsbad Pointe) Investor 8, LLC, a Delaware Limited Liability Company, as to an undivided 0.9452% interest; Griffin Capital (Carlsbad Pointe) Investor 9, LLC, a Delaware Limited Liability Company, as to an undivided 6.4516% interest; Griffin Capital (Carlsbad Pointe) Investor 10, LLC, a Delaware Limited Liability Company, as to an undivided 3.3613% interest; Griffin Capital (Carlsbad Pointe) Investor 11, LLC, a Delaware Limited Liability Company, as to an undivided 4.5161% interest; Griffin Capital (Carlsbad Pointe) Investor 12, LLC, a Delaware Limited Liability Company, as to an undivided 3.3452% interest; Griffin Capital (Carlsbad Pointe) Investor 13, LLC, a Delaware Limited Liability Company, as to an undivided 3.2258% interest; Griffin Capital (Carlsbad Pointe) Investor 14, LLC, a Delaware Limited Liability Company, as to an undivided 3.2258% interest; Griffin Capital (Carlsbad Pointe) Investor 15, LLC, a Delaware Limited Liability Company, as to an undivided 2.7419% interest; Griffin Capital (Carlsbad Pointe) Investor 16, LLC, a Delaware Limited Liability Company, as to an undivided 3.4581% interest; Griffin Capital (Carlsbad Pointe) Investor 17, LLC, a Delaware Limited Liability Company, as to an undivided 4.0000% interest; Griffin Capital (Carlsbad Pointe) Investor 18, LLC, a Delaware Limited Liability Company, as to an undivided 10.0968% interest; Griffin Capital (Carlsbad Pointe) Investor 19, LLC, a Delaware Limited Liability Company, as to an undivided 2.8419% interest; Griffin Capital (Carlsbad Pointe) Investor 20, LLC, a Delaware Limited Liability Company, as to an undivided 2.8710% interest; Griffin Capital (Carlsbad Pointe) Investor 21, LLC, a Delaware Limited Liability Company, as to an undivided 3.2258% interest; Griffin Capital (Carlsbad Pointe) Investor 22, LLC, a Delaware Limited Liability Company, as to an undivided 3.2258% interest; CLTA Preliminary Report Form - Modified (11-17-06) Page 13 OrderNc: 910020010-X49 SCHEDULE B (continued) Griffin Capital (Carlsbad Pointe) Investor 23, LLC, a Delaware Limited Liability Company, as to an undivided 3.2290% interest; Griffin Capital (Carlsbad Pointe) Investor 24, LLC, a Delaware Limited Liability Company, as to an undivided 2.6000% interest; Griffin Capital (Carlsbad Pointe) Investor 25, LLC, a Delaware Limited Liability Company, as to an undivided 2.5655% interest; Griffin Capital (Carlsbad Pointe) Investor 26, LLC, a Delaware Limited Liability Company, as to an undivided 3.2258% interest; Griffin Capital (Carlsbad Pointe) Investor 27, LLC, a Delaware Limited Liability Company, as to an undivided 2.9032% interest; Griffin Capital (Carlsbad Pointe) Investor 28, LLC, a Delaware Limited Liability Company, as to an undivided 2.5806% interest; Griffin Capital (Carlsbad Pointe) Investor 29, LLC, a Delaware Limited Liability Company, as to an undivided 2.1290% interest, all as tenants in common Lessee: Invitrogen Corporation, a Delaware Corporation Disclosed by: Memorandum of Lease Recorded: Febraary 13. 2006 as file no. 2006-0102442 of official records The present ownership of the leasehold created hy said lease and other matters affecting the interest of the lessee are not shown herein. Said lease does contain a purchase option right of first refiisal. An agreement (and the provisions contained therein) which states that said lease and the option contained therein is subordinate to the Deed of Trast Recorded: Febmary 13. 2006 as file no. 2006-0102445of official records By Agreement Recorded March 2. 2006 as file no. 2006-0147900 of official records 19. Any claims for mechanic's liens that may be recorded, by reason of a recent work of improvement in progress and/or completed at the date hereof 20. Any easements not disclosed by those public records which impart constmctive notice as to matters affecting title to real property and which are not visible and apparent from an inspection of the surface of said land. CLTA Preliminary Report Fonn - Modified (11-17-06) Page 14 OrderNc: 910020010-X49 SCHEDULE B (continued) 21. A Notice of Restriction on Real Property Recorded: January 21, 2010 as Instmment No. 2010-0029856. of Official Records 22. A document subject to all the terms, provisions and conditions therein contained. Entitied: Reciprocal Parking and Access Agreement Recorded: January 21, 2010 as Instmment No. 2010-0029857. of Official Records 23. Water rights, claims or title to water, whether or not disclosed by the public records. 24. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in possession thereof. This office must be notified at least 7 business days prior to the scheduled closing in order to arrange for an inspection of the land; upon completion of this inspection you will be notified of the removal of specific coverage exceptions and/or additional exceptions to coverage. 25. Any rights of parties in possession of said land, based on any unrecorded lease, or leases. This Company will require a full copy of any unrecorded lease, together with all supplements, assignments, and amendments for review. END OF SCHEDULE B CLTA Preliminary Report Form - Modified (11-17-06) Page 15 OrderNc: 910020010-X49 INFORMATIONAL NOTES Note No. 1: Section 12413.1, Califomia Insurance Code became effective January 1, 1990. This legislation regulates the disbursement of funds deposited with any title entity acting in an escrow or sub-escrow capacity. The law requires that all funds be deposited and collected by the title entity's escrow and/or sub-escrow account prior to disbursement of any funds. Some methods of fiinding may be subject to a holding period, which must expire before any funds may be disbursed. In order to avoid any such delays, all funding should be done via wire transfer. Funds deposited with the Company via wire transfer may be disbursed upon receipt. Funds deposited by cashiers checks, certified checks, and teller's checks is one business day after the day deposited. Other checks may require hold periods from two to five business days after the day deposited, and may delay your closing. The Company may receive benefits from such banks based upon the balances in such accounts. Such benefits will be retained by the Company as part of its compensation for handling such funds. Note No. 2: The charge where an order is cancelled after the issuance of the report of title, will be that amount which in the opinion of the Company is proper compensation for the services rendered or the purpose for which the report is used, but in no event shall said charge be less that the minimum amount required under Section 12404.1 ofthe Insurance Code ofthe State ofCalifornia. If the report cannot be cancelled "no fee" pursuant to the provisions of said Insurance Code, then the minimum cancellation fee shall be that permitted by law. Note No. 3: Califomia Revenue and Taxation Code Section 18668, effective January 1, 1991, requires that the buyer in all sales of Califomia Real Estate, withhold 3-1/3% ofthe total sales price as Califomia State Income Tax, subject to the various provisions of the law as therein contained, and as amended. Note No. 4: Your application for title insurance was placed by reference to a street address or assessor's parcel number. Based upon our records, we believe that the description in this report covers the parcel that you requested. To prevent errors, we require written confirmation that the legal description contained herein covers the parcel that you requested. Note No. 5: The plat, (map), which is attached to this report, is to assist you in locating land with reference to streets and other parcels. While this plat is believed to be correct, the Company assumes no liability for any loss occurring by reason of reliance thereon. Note No. 6: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. Note No. 7: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, 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. CLTA Preliminary Report Form - Modified (11-17-06) Page 16 Q OrderNc: 910020010-X49 INFORMATIONAL NOTES (continued) Note No. 8: This Company will require for review the following documents from all Limited Liability Company: A. A copy of its Operating Agreement and any and all amendments, supplements and/or modifications thereto, certified hy the appropriate manager. B. Confinnation that its Articles of Organization (LLC-1), and Certificate of Amendment (LLC-2), any restated Articles of Organization (LLC-10) and/or any Certificate of Correction (LLC-11) have been filed with the Secretary of State. C. If the Limited Liability Company is member-managed a flill and complete list of members certified by the appropriate manager. D. If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company, that it was validly formed, is in good standing and authorized to do business in the state of origin. E. If the Limited Liability Company was formed in a foreign jurisdiction, evidence satisfactory to the Company, that it has complied with Califomia "doing business" laws, if applicable. The company reserves the right to require additional information or documentation upon review of the above matters. Note No. 9: The Company is not aware of any matters which would cause it to decline to attach the CLTA Endorsement Form 116 indicating that there is located on said land a commercial stmcture known as 5781 Van Allen Way, in the City of Carlsbad, County of San Diego, State ofCalifornia, to an Extended Coverage Loan Policy. CLTA Preliminary Report Form - Modified (11-17-06) Page 17 Order No.: 910020010-X49 INFORMATIONAL NOTES (continued) ATTACHMENT ONE PRIVACY STATEMENT IMPORTANT INFORMATION: For those of vou receiving this report bv electronic deliverv the Privacv Statement and Attachment One are linked to this report. Please review this information bv selecting the link. For those of vou who are receiving a hard copy of this report, a copy of this information has been submitted for vour review. CLTA PreUminary Report Form - Modified (11-17-06) Page IS OrderNc: 910020010-X49 INFORMATIONAL NOTES (continued) NOTICE You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in Califomia between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information conceming a prior transaction, the Company is required to determine if you qualify for a discount. Effective through November 1,2014 CLTA Preliminary Report Fonn - Modified (11-17-06) Page 19 NOTICE OF EXEMPTION To: SD County Clerk > D»nenba^.Kec^„pffi^i,,, CITY OF CARLSBAD Attn: Linda Kesian Planning Division Mail Stop A-33 APR 20 2011 1635 Faraday Avenue 1600 Pacific Highway L= 1X681811 Carlsbad, CA 92008 San Diego, CA 92101 • pgpQ^ Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: V 11-01 - Life Technologies Signage Project Location - Specific: 5781 & 5791 Van Allen Way. 5823 Newton Drive Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Variance to the Sign Ordinance to exceed the allowable letter height for proposed wall and monument signage. Name of Public Agency Approving Project: City of Carlsbad Name of Person or Agency Carrying Out Project: McFarlane Architects. Inc. JUN 0 3 /Oil Name of Applicant: Neal McFarlane Applicant's Address: 6363 Greenwich Drive. Suite 140, San Diego, CA 92122 Applicant's Telephone Number: (858) 453-1150 Exempt Status: (Check One) • Ministerial (Section 21080(b)( 1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); 13 Categorical Exemption - State type and section number: Accessory Structures. 15311(a) • Statutory Exemptions - State code number: N/A • General rule (Section 15061 (b)(3)) Reasons why project is exempt: The proposed project entails the installation of minor structures (on-premise signs) accessory to existing industrial/office buildings. Lead Agency Contact Person: Shannon Werneke Telephone: (760) 602-4621 r ILED IN THE QFFICE (j^FpJH^ COUNTY CLERK V-/^'// DON NEU, City Planner •^an uiego LQumy on 5^ Posted J!!!!lii!!L.Removed MAY ?> 1 ?ft11 Date received for filing at OPR:Retumed to agency on 3 I ?Qtt ;3eputy L'^^siaoZZZZZ Revised 06/10 /nflit^ >f|e/ii CITY OF V CARLSBAD Planning Division FILE COPY www.carlsbadca.gov April 1, 2011 PLANNING COMMISSION NOTICE OF DECISION Mr. Neal McFarlane McFarlane Architects 6363 Greenwich Drive, Suite 140 San Diego, CA 92122 SUBJECT: V 11-01 - LIFE TECHNOLOGIES SIGNAGE At the April 6, 2011 Planning Commission meeting, your application was considered. The Commission voted 3-1-2 to approve your request. The decision of the Planning Commission wiil become final on April 16, 2011. The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made appiicable in the City of Carlsbad by Carlsbad Municipal Code 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Planner, Don Neu, Secretary ofthe Planning Commission, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions regarding the final dispositions of your application, please contact your project planner Shannon Werneke at (760) 602-4621 or shannon.werneke(5)carlsbadca.gov. DONNEU, AICP City Planner DN:SW:bd c: Kevin Shields, Griffin Capital Corporation, 2121 Rosecrans Avenue, Suite 3321, El Segundo, CA 90245 Mararisk Carlsbad, LLC, c/o Wes Uhlman & Associates, 444 N.E. Ravenna Boulevard, Suite 400, Seattle, WA 98115-6467 Hope Spadora, Life Technologies, Inc., 5791 Van Allen Way, Carlsbad, CA 92008 Data Entry File enc: Planning Commission Resolution No. 6771 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-502-4600 F 750-602-8559 @ This space is for the County Clerk's Filing Stamp PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego jCITY OF CARLSSAD HAR 3 1 2011 FUNNING DEPARTINENT I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entided matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: March 25*^ 2011 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Proof of Publication of Dated at Escondido, California On this 25*^ day of March, 2011 CiTY OF CARLSIAD HAR 3 1 /011 ComiTsunit)' & Economic Development Department Jerri^-Hs-ho'use NORTH COUNTY TIMES Legal Advertising PLANNING COMMISSION PUBLIC HEARING ' NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the Planning Commission ofthe City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carisbad Village Drive, Carls- bad, California, at 6:00 p.m. on Wednesday, April 6, 2011, to consider the foliowing: 1) CDP 10-27 : ROZEK RENOVATION - Request for approval of a Coastal Development Permit to construct a 393 sq. ft. addition to an existing 984 sq. ft one-story single-family dwelling unit, which includes a first story covered porch, a second story master bedroom, bathroom and sundeck, as well as an en- closed staircase and roof deck on a .08 acre lot located at 2677 Garfield Street within the Mello II Segment of the Local Coastal Program and within Local Fa- cilities Management Zone 1. The project is exempt from the California Environmental Quality Act. This project is located within the appeal area and the decision may be ap- pealed to the California Coastal Commission. 2) y 11-01 : LIFE TECHNOLOGIES SIGNAGE - A request for approval of a Variance to the Sign Ordinance (CMC Chapter 21.41) to exceed the allowable letter height for four wall signs and four monument signs proposed on three lots developed with three research and development buildings located at 5781 and 5791 Van Allen Way and 5823 Newton Drive, and within Local Facilities Man- agennent Zone 5. The project is exempt from the California Environmental Quality Act. If you challenge these projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. Copies of the environmental documents are available atthe Planning Division at 1635 Faraday Avenue during regular business hours from 7:30 am to 5:30 pm Monday through Thursday and 8:00 am to 5:00 pm Friday, Those persons wishing to speak on these proposals are cordially invited to attend the public hearing. Copies of the staff reports will be available online at htto://carlsbad.aranicus.comA/iewPublisher.php?view id=6 on or after the Fri- day prior to the hearing date. If you have any questions, please call the Planning Division at, 760-602-4600. ,j PUBLISH: March 25, 2011 net 2286524 " '' CITY OF CARLSBAD PLANNING DIVISION ii CITV OF ^ CARLSBAD FILE COPY a-A^-ji Planning Division www.carlsbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, April 6,2011, to consider a request for the following: CASE NAME: V 11-01 - Life Technologies Signage PUBUSH DATE:March 25, 2011 DESCRIPTION: A request for approval of a Variance to the Sign Ordinance (CMC Chapter 21.41) to exceed the allowable letter height for four wall signs and four monument signs proposed on three lots developed with three research and development buildings located at 5781 and 5791 Van Allen Way and 5823 Newton Drive, and within Local Facilities Management Zone 5. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://carlsbad.granicus.com/ViewPublisher.php7view id=6 on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Shannon Werneke in the Planning Division at (760) 602-4621, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. • Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. CITY OF CARLSBAD PLANNING DIVISION 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © NOT TO SCALE SITEMAP Life Technologies Signage V 11-01 CITY OF V (CARLSBAD Planning Division "•^1^0 FILE COPY 3-/0-// www.carlsbadca.gov EARLY PUBLIC NOTICE PROJECT NAME: PROJECT NUMBER: Life Technologies Signage V11-01 This early public notice is to let you know that a development application for a Variance to the Sign Ordinance within your neighborhood was submitted to the City of Carlsbad on January 31, 2011. The project application is undergoing its initial review by the City. LOCATION: 5781 and 5791 Van Allen Way, 5823 Newton Drive PROJECT DESCRIPTION: The applicant is requesting approval of Variance to the Sign Ordinance to exceed the allowable letter height for four walls signs and four monument signs proposed on a total of three lots located 5781 and 5791 Van Allen Way and 5823 Newton Drive. Please keep in mind that this is an early public notice and that the project design could change as a result of further staff and public review. A future public hearing notice will be mailed to you when this project is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments regarding this proposed project please contact Shannon Werneke, Associate Planner, at shannon.werneke@carlsbadca.gov, (760) 602-4621, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 0 NOT TO SCALE SITEMAP Life Technologies Signage V11-01 0 technologies" CARLSBAD POINTE 5781/5791 VAN ALLEN WAY & 5823 NEWTON DR. BUILDING SIGNAGE PROJECT DIRECTORY PROJECT DESCRIPTION: PROPERTY OWNER OF S??! VAN AILEN WAY JPABCEl 2] BUILDING OWNER S. TENA^^• OF 5623 NEWTON DRiVE uf( ifctNOLOGieacoBfWMiot- ^ OWLSeW, CA .1 n ro 42- ro« '^nt LfTTcit -r. a4- rod tnt a*Npcco « Ml*? rrOif -i»e) 453-1'» DEVELOPMENT SUMMARY: LEGAL DESCRIPTION: ?73. Autu I^A- C LfHP; rKiGni Of WAL 5C23 NtWTQW [WVI P*J»Cfl I Of i'ARCfl M*f "to "97' •!'r« OTV or C*«lS6*n B LrnrK miGni or w*u. 5>Gt«AGr fi*Ow inf AttCMoBif IS" nCGn: lO 72- roe rne ici'tR T • 5z-fOr 'fX ifneR T, ALL THAT ?ORriow c-r LOT r or KANOO "rwONO*. i""r couNiTO" SAN Dieso i'Aie or CAirotsj*. ' iiitut or NO B2i fnED w y"i omCE or 'rt SITE ADDRESS: 11 WAH mat w»v CKLSe^o. CA. atax LAND USE INFORMATION PiAKViaofr / <^At»*0 MXIS'H*. so- 3y 7? BuU>^-«AU>G>d SHEET INDEX SHEETNO SHEET rniE ARCHfTECTURAL CITY OF CARLSBAD ASSOCIATED PERMIT SUBMITTALS: VICINITY MAP VI1-01 McFARLANE ARCHITECTS CARLSBAD POJNTE CAMPUS 5781/5791 VAN ALLEN WAY CARLSaAD, CA 92006 CWiJBAD WSEflBCH CENTEB Bl*. DING SIGNAGE S«EinTl£ TITLE SHEET SHEH NUMBS! Tl.O VI 1-01 o SIGN PER CARLSBAD MUNICIPAL CODE SECTION 21.41.095 TABLE B PROPOSED SIGN VARIANCE MONUMENT SIGNS A' & B' SIGN PER CARLSBAD MUNICIPAL CODE SECTION 2141.095 TABLES PROPOSED SIGN VARIANCE WATER FEATURE MONUMENT SIGN C VI1-01 SCALE t/4-- 1 .0 ENL>\RGED SITE PLAN - ENTRY PLAZA/ WATER FEATURE SCALE i,e--J -0 McFARLANE ARCHITECTS CARLSBAD POfNTE CAMPUS 5781/579! VAN ALLEN WAY CARLSBAD. CA 92006 CARLSaAD RESEARCH CE^^ER BUILDMG SKWGt SKETHTLE MONUMENT SIGNS- SHEET NUMBER Al. 4 • rr rrrv SIGN PER CARLSBAD MUNICIPAL CODE • -H'-t'-HH-H'fi-rrr SIGN PER CARLSBAD MUNICIPAL CODE L _ 1 -1 t 1 11 1 11 -—h • . i" i mt w~ qf EI L3 1 1 SUM n r stsif 1 MOD SIGN PER CARLSBAD MUNICIPAL CODE a- in VI 1-01 McFARLANE ARCHITECTS PROPOSED SIGN VARIANCE PROPOSED SIGN VARIANCE PROPOSED SIGN VARIANCE Hi m 116 lei 5? iil ii3 579} SW EXTERIOR ELEVATION - SIGN # 1 5791 SOUTH EXTERIOR ELEVATION - SIGN #2 5781 SOUTH EXTERIOR ELEVATION - SIGN #3 f PROPOSED SIGN VARIANCE 5791 SOUTHWEST EXTERIOR ELEVATION - SIGN # 1 fT\ PROPOSED SIGN VARIANCE 5791 SOUTH EXTERIOR ELEVATION - SIGN #2 ^ PROPOSED SIGN VARIANCE 5781 SOUTH EXTERIOR ELEVATION - SIGN #3/6 7;;-73^ , . ..~~-\fjnJ A3.0 CARLSBAD POINTS CAMPUS 5781/5791 VANALLENWAY CARLSBAD. CA 92008 CABLSBAD BESEAfiCH CENTER BUILDING SIGNAGE SHEETTTTLE 5791/5781 - EXT. ELEVATIONS SHEET NDh«£R VI I-OI McFARI.ANE ARCHITECTS 5791- PROPOSED SIGNAGE RENDERINGS SCALE: I/I6--I-0 CARLSBAD POINTE CAMPUS S78 1/5791 VAN ALLEN WAV CARLSBAD, CA 92008 CARLSaAD RESEARCH CENIEB BJLDING SIGNftGE SHEET TITLE 5791 & 5781 - RENDERINGS SHEET NUMBER A3.1 —llll 1 1 1 lllllllllll ( 1 1 1 1 1 111 III M 1 1 1 1 ... =ffl=l 5823 NEWTON DRIVE - OVERALL WEST ELEVATION VI I-Ol McFARI.ANE ARCHITECTS 1^ & ip hi m SIGN PER CARLSBAD MUNICIPAL CODE SECTION 2141 095 TABLE B PROPOSED SIGN VARIANCE 5823 NEWTON DRIVE - MONUMENT SIGNAGE f 3^ SIGN PER CARLSBAD MUNICIPAL CODE SECTION 2141.095 TABLE B 5823 NEWTON DRIVE - WALL SIGNAGE PROPOSED SIGN VARIANCE CARLSBAD POINTE CAMPUS 5781/5791 VAN ALLEN WAY CARLSBAD, CA 92008 CARL^BftD RESEARCH CENTER BULDING 9GNAGE SHEET TITLE 5823 NEWTON DRIVE - SIGNAGE A3.2 ATTACHMENT "2" CERTIFICATION OF POSTING certify that the "Notice of Project Application" has been posted at a conspicuous location on the site on (DATE), SIGNATURE: J. PRINT NAME: PROJECTNAME: Uf^ m^OtO^iSS ^^rfO/W^ PROJECT NUMBER: LOCATION: I ^ UP^^ Or ^Fm^-h'j It ^ N^^^^^ RETURN TO: (Planner) CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue Carlsbad, CA 92008-7314 f > I CiTY OF CARLSBAD Planning Division www.carlsbadca.gov February 24, 2011 Mr. Neal McFarlane McFarlane Architects 6363 Greenwich Drive, Suite 140 San Diego, CA 92122 SUBJECT: VARIANCE 11-01 - UFE TECHNOLOGIES SIGNAGE CAUFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABIUTY/PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The project is exempt from the provisions of CEQA, pursuant to CEQA Guidelines Section 15311 "Accessory Structures." No environmental review is required for the project. A Notice of Exemption will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check in the amount of $50.00 made out to the San Diego County Clerk to Shannon Werneke, project planner. For additional information related to this CEQA applicability/process determination, please contact the project planner. Shannon Werneke, at (760) 602-4621 or Shannon.Werneke@carlsbadca.gov. Sincerely, DON NEU, AICP Planning Director DN:SW:bd Hope Spadora, Life Technologies, Inc., 5791 Van Alien Way, Carlsbad, CA 92008 File Copy , Data Entry~ Chris DeCerbo, Principal Planner 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 750-502-4500 F 750-602-8559 ® CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: FEBRUARY 1. 2011 PROJECT NO(S): V 11-01 REVIEW NO: 1 PROJECTTITLE: LIFE TECHNOLOGIES SIGNAGE APPUCANT: McFARLANE ARCHITECTS TO: • • • • • • • • • • Land Development Engineering-Terie Rowley Police Department-J. Sasway Fire Department - James Weigand Building Department - Will Foss Recreation - Mark Steyaert Public Works Department (Streets) - Thomas Moore Water/Sewer District Landscape Plancheck Consultant - PELA School District North County Transit District - Planning Department Sempra Energy - Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails - Liz Ketabian •ALWAYS SEND EXHIBITS FROM: PUNNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by 2/21/11. If you have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Signature Date PLANS ATTACHED Review & Comment 03/10 5 CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: FEBRUARY 1. 2011 PROJECT NO(S): V 11-01 REVIEW NO: 1 PROJECTTITLE: UFE TECHNOLOGIES SIGNAGE APPLICANT: McFARLANE ARCHITECTS TO: • • • • • • • • • • Land Development Engineering-Terie Rowley Police Department-J. Sasway Fire Department - James Weigand Building Department - Will Foss Recreation - Mark Steyaert Public Works Department (Streets) - Thomas Moore Water/Sewer District Landscape Plancheck Consultant - PELA School District North County Transit District - Planning Department Sempra Energy - Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails - Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by 2/21/11. If you have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: U~ Covioerr^S^ PLANS ATTACHED Review & Comment 03/10 CITY OF CARLSBAD REVIEW AND COMMENT MEMO o FILE COPY DATE: FEBRUARY 1. 2011 PROJECT NO(S): V 11-01 REVIEW NO: 1 PROJECT TITLE: UFE TECHNOLOGIES SIGNAGE APPUCANT: McFARLANE ARCHITECTS TO: 1^ Land Development Engineering-Terie Rowley I I Police Department-J. Sasway 1X1 Fire Department-James Weigand 1X1 Building Department - Will Foss I I Recreation - Mark Steyaert I I Public Works Department (Streets) - Thomas Moore I I Water/Sewer District I I Landscape Plancheck Consultant - PELA I I School District I 1 North County Transit District - Planning Department I I Sempra Energy - Land Management I I Caltrans (Send anything adjacent to 1-5) I I Parks/Trails - Liz Ketabian •ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by 2/21/11. If you have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Signature Date PLANS ATTACHED Review & Comment 03/10 GREENE PROPERTIES, INC. March 22, 2011 City of Carlsbad Planning Division Attn: Shannon Wemeke, Associate Planner 1635 Faraday Avenue Carlsbad, CA 92008 RE: Life Technologies Signage Project VI1-01 Dear Ms. Wemeke, My name is Bill McCorkle and I am the CFG/COO for Greene Properties, Inc. and related entities including; DEI, LLC; Fermi Court, LP; 2280 Faraday Court, LP; and 5931 Preistly Drive, LP. Fermi Court, LP owns two buildings in the Carlsbad Research Center with Taylor Made Group being the major tenant. 2280 Faraday Court, LP owns one building occupied by ISIS Pharmaceuticals and 5931 Priestly Drive, LP owns one building occupied by Innovative Leasing Services. DEI, LLC is the Managing Partner in these three Limited Partnerships, and Greene Properties is the Management Company for these properties. Being a substantial land/building owner in the Carlsbad Research Center (the Center) we are very concemed when we see a tenant, Life Technologies, attempting to install signage that violates the existing Design Guidelines for the Carlsbad Research Center and the City of Carlsbad's Signage criteria. We purchased our buildings in the Center because of it's reputation as "The Elite Business Park" in all of Southem Califomia. This reputation has been built because the Carlsbad Research Center Owners Association has done an exemplary job policing the Center to ensure that, among other things, no tenant or owner makes egregious changes that reflect negatively on the Center and cause the valuations of the properties in the Center to decline. One of the things that we like about the Center is that design guidelines state that building signage is meant for identification purposes only and not for advertisement. We further believe that the signage program for the City of Carlsbad is meant to identify buildings, not advertise. This is not the first sign that Life Technologies has erected in violation of the City's signage program. Their White sign with blue lettering on the corner of Faraday and Van Allen Way is also in violation. We do not believe that Life Technologies is a good corporate neighbor. They continually act as if the City's Signage program and the Carlsbad Research Center's Design Guidelines do not apply to them. They continue to violate these programs and erect their signs without any regard for approvals from the City and the Owners Association. We believe that if this sign variance is granted that the values of the properties in the Carlsbad Research Center will decline and we will use every legal means available to us to protect our investments. We hope that you will decline to grant a sign variance to Life Technologies and direct them to remove their non-compliant signs. Should you have any questions, I can be reached at (760) 477 - 1162. Sincerely, Bill McCorkle, CFO/COO Me I tec! technologies"' CiTY OF CARLSSAD MAR 0 2011 iPLANNlNGDEPARTMcMi Life Technoiogies 5791 Van Alien Way Carisbad, CA 92008 USA Teleplione -i-1 760 603 7200 Facsimile -i-l 760 603 7229 www.lifeteclinologies.com March 21, 2011 Chris DeCerbo Principal Planner City of Carlsbad, Planning Division 1635 Faraday Ave. Carlsbad, CA 92008 RE: Life Technologies Signage Variance Request Dear Chris: Regarding your letter to Neal McFarlane dated Feb 24, 2011, Subject: 1^* REVIEW FOR V 11-01 - LIFE TECHNOLOGIES SIGNAGE. Specifically addressing the ISSUES OF CONCERN on page 2 of your letter: 1. Life Technologies agrees to not install additional building or monument signage other that those included in the variance application and approved by Planning Commission. 2. If the Planning Commission does not approve the signage variance the existing monument sign in the water feature at 5791 Van Allen Way will be removed or modified as necessary to comply with City or Carlsbad signage ordinance. Thank you for your support of our signage variance request, additional questions, comments, or concerns. Sincerely, Let me know if any /on Allen -acilities Director, West Coast (760) 476-630 jon.alien @ lifetech.com cc: Kevin Shields, Griffin Capital Corporation Wes Uhlmann, Mararisk Corporation Neal McFarlane, McFarlane Architects mgigSms-ieinvitrogen^ technologies™ Life Technologies 5791 Van Allen Way Garlsbad, CA 92008 USA Telephone +1 760 603 7200 Facsimile 41 760 603 7229 www.lifetechnologies.Gom March 30, 2011 City of Carisbad Development Services Planning Division 1635 Faraday Ave. Carlsbad, CA 92008-7314 RE: Response to CRCOA Letter Opposing Signage Variance Application Dear Sir or Madam: In response to the letter submitted by Meissner-Jacquet stating the position of the CRCOA, Life Technologies would like to address the CRCOA's representations. The purpose of a variance is to address results that are inconsistent with the general purpose of a requirement resulting from the strict and literal interpretation and enforcement of a provision, so that the spirit of the code can be obsen/ed. The position of Life Technologies is exactly that, and the City Staff report supports our request for variance meeting the requirements of the findings for a variance. Our request for variance is not attempting to globally change the design standards of the CRC, the request is addressing an interpretation that is made because of a statue that inadequately addresses the primary purpose of signage, namely, the use of varied fonts and letter case. The code assumes that only fonts of block letters are used for corporate signage, fonts with letters that are absolutely uniform in alignment top and bottom. But the English language uses 26 unique letters of capital and small case size, which creates letters of varying sizes and shapes. The variance largely addresses the inadequacy of the standard to address the font and lettering of the Life Technologies logo. Life Technologies strongly disagrees that a PUD is required to address this issue, nor Is Life Technologies attempting to piece-meal any process. Life Technologies has been issued a PUD for the property we own in the CRC, and for the two properties we lease for there to be shared parking and access, nothing more. Life Technologies is not looking to make global changes to the CRC's sign ordinance. A PUD is meant to avoid unnecessary public review when design standards have been established. It is also the position of Life Technologies that the letter height requirements of the code don't adequately address the size and scale of a development. The standard's letter height limits are so small that drivers must be right in front of the signs in order to read them which is contrary to the purpose of monument signage that permits readily and ^ig^lTtems-l^ invitrogen" ii/e I tec! technologies'" Life Technologies 5791 Van Allen Way Garlsbad, CA 92008 USA Telephone +1 760 603 7200 Facsimile 11 760 603 7229 www.lifGtechnologies.com easily readable signage that permits adequate traffic flow. Life Technologies is not a retail enterprise and is not looking for advertising, only reasonable recognition. The signage is understated from a design standard. There are no lights, flashy colors, or moving parts. Thank you for your consideration of this variance. Sinaerely, Jon Allen fFacilities Director, West Coast (760) 476-630 jon.allen@lifetech.com Bi^mr ©invitrogen MEISSNER • JACQUET INVES-i-MKNcT MANAOEMENT SERViCiiS 25 March 2011 Mr. Don Neu Carlsbad Planning Department 1635 Faraday Avenue Carlsbad,. Califomia 92008 Re: Case V11 -01 - Life Technologies Signage Dear Mr. Neu: The Carlsbad Research Center is a comprehensively planned 549 acre development with 152 lots supporting a mix of industrial and commercial uses. Development in the CRC is regulated by Specific Plan SP 180-(E) and the Design Guidelines of the Carlsbad Research Center. The objective of both documents is to assure uniformity and consistency of critical design elements such as building mass, landscaping and signage within the CRC. The granting of variances creates inconsistencies within the development and undermines the integrity of the documents that serve as the standard of review and therefore the CRC Owners Association (CRCOA) urges the Planning Coinmission to deny this request for variance. The CRC Specific Plan contains design standards that are intended to apply to all development with the Specific Plan area, unless circumstances demonstrate a need for revision to the standards. Changes to these standards are ordinarily addressed by amendment of the Specific Plan or by the Planned Unit Development (PUD) process. In this case the City has allowed Life Technologies to pursue a piece-meal rather than comprehensive approach to the PUD process. For example, signage was not included in the PUD. Furthermore, the Life Technologies PUD was issued administratively by the Planning Director. Administrative permits limit public review and in this case allowed the scope ofthe PUD to be very narrow in focus rather than comprehensive. The CRCOA opposes administrative issuance of PUDs as the permitting mechanism for significant changes to the design standards that govem all development in the park and affect the other property owners. If changes to these standards are to be made, they should be subject to full public-review and hearings. To do otherwise undermines the design integrity ofthe CRC. i55C CARROLi. CANYON ROAD • SU'IE ;00 ' SAN Dir^O:: (;.M.ifOR>:i- Mr. Don Neu March 25, 2011 Page two It should be noted that the Life Technologies Signage request is inconsistent vwth the Design Guidelines of the CRC in terms of the number of signs, location ofthe signs and the size ofthe lettering. The intent of the signage criteria in the CRC is to promote tenant/owner identification as a means to facilitate traffic flow, rather than to serve as advertising for tenants and property owners. In 2001 the CRC revised their signage Design Guidelines to make them consistent with the City sign ordinance and therefore assure consistency of signage throughout the park. These standards are responsible for the elegant understated appearance of signage in the park. The Design Guidelines of the CRC have been observed and supported by the vast majority ofthe approximately 130 property owners in the CRC since 1985. The CRC questions what special circumstances exist to justify variance from these standards. The CRCOA urges the Planning Coinmission to preserve the integrity of the design standards that have created the showcase development that is the CRC by denying the Life Technologies request for a variance fi'om the sign ordinance. Sincerely, ME^SNER • JACQJ4T D*|VESTII^NT MANAGEMENT«EjVicES Andrea Ferris Senior Real Estate Manager cc: CRCOA ARC/Board Carlsbad Research Center Owners' Association 15 Febmary 2011 Mr. Don Neu Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, Califoniia 92008 Re: Life Technologies sign variance request. Dear Don: It has come to the attention of the Carlsbad Research Center Owner's Association that Life Technologies has applied for a variance from the City of Carlsbad Sign Ordinance requu ements. The Owner's Association strongly opposes issuance of a variance which would detract fiom the consistency of signage demonstrated by eveiy other property owner in the CRC, The CRC Sign criteria are intended to provide for identification of the company and not advertising for the company. The Association believes that Life Technologies request for a signage exceeding the design standards is an effort to advertise rather than identity. It is our understanding that issuance of a variance requii es "findings of special circumstances." The Owner's Association is unaware of any special circumstances that are applicable to the Life Technologies property and not applicable to tlie other pioperties. The Association would appreciate any insight you can provide as to what possible special circumstances exist, The Owner's Association is under the impression that sigjiage in the CRC is subject to Owner's Association review prior to submittal to the City. We regret that the Association was not provided the opportunity in this instance. Finally in the interest of clarity the Owner's Association would like to point out that the CRC Architectural Review Committee's recent approval of Life Technologies landscape plans specifically did not cover signage aud commented that signage would be subject to separate review. We believe issuance of a variance in this situation would set a detrimental precedent for the design integrity ofthe park. Sincerely, Seth Schulberg CRCOA Staff Cc: CRC Owner's Association and A. Fenis. 1530 Faraday Ave,, Ste. 100, Carlsbad CA 92008, Ph: 760/931-0780 Fax: 760/931-5744 J^^ C FILECOPY V^CARLSBAD Planning Division www.carlsbadca.gov March 15, 2011 McFarlane Architects Attn: Mr. Neal McFariane 6363 Greenwich Drive, Suite 140 San Diego, CA 92122 SUBJECT: V 11 -01 - LIFE TECHNOLOGIES SIGNAGE The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, March 23, 2011, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on March 28, 2011. A twenty (20) minute appointment has been set aside for you at 9:30 AM. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring the following required information with you to this meeting or provide it to your planner prior to the meeting in order for your project to go forward to the Planning Commission: 1. Unmounted colored exhibit(s) of your site plan and elevations 2. A PDF of your colored site plan and elevations . . The colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, vour proiect could be rescheduled to a later time. The PDF of your colored site plan and elevations will be used In the presentation to the Planning Commission and the public at the Planning Commission Hearing. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) and the PDF here by the scheduled time above. Should you wish to use visual materials in your presentation to the Planning Commission, they should be submitted to the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Division for at least 60 days after final action on the matter. Your matenals will be returned upon written request. If you need additional information concerning this matter, please contact your Planner, Shannon Werneke at (760) 602-4621. Sincereiy, DON NEU, AICP City Planner DN:SW;sm c: Life Technologies, Inc., Attn: Jon Allen, 5791 Van Allen Way, Carlsbad, CA 92008 File Copy Project Engineer 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-502-4500 F 760-502-8559 ® CITY OF CARLSBAD Planning Division www.carlsbadca.gov February 24, 2011 Mr. Neal McFariane McFariane Architects 6363 Greenwich Drive, Suite 140 San Diego, CA 92122 SUBJECT: 1st REVIEW FOR V 11-01 - LIFE TECHNOLOGIES SIGNAGE Thank you for applying for Land Use Permits in the City of Carisbad. The Planning Department has reviewed your Variance, application no. V 11-01, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Department will begin processing your application as ofthe date ofthis communication. At this time, no additional sets of the development plans are required. However, please be advised that if additional issues or items of clarification arise, the City may request additional sets of plans to continue the review of the application. If you would like to schedule a meeting to discuss this letter or your application, please contact your staff planner. Shannon Werneke, at (760) 602-4621 or by email at Shannon.Werneke@carisbadca.gov. Sincerely, CHRIS DeCERBO Principal Planner CD:SW:bd c: Kevin Shields, Griffin Capital Corporation, 2121 Rosecrans Avenue, Suite 3321, El Segundo, CA 90245 Mararisk Carlsbad, LLC, c/o Wes Uhlman & Associates, 444 N.E. Ravenna Boulevard, Suite 400, Seattle, WA 98115-6467 Hope Spadora, Life Technologies, Inc., 5791 Van Allen Way, Carlsbad, CA 92008 Jeremy Riddle, Project Engineer Chris DeCerbo, Team Leader File Copy Data Entry 1535 Faraday Avenue, Carlsbad, CA 92008-7314 T 750-502-4500 F 750-502-8559 ® V 11-01 - LIFE TECHNOLJ1)ES SIGNAGE February 24, 2011 Paqe 2 ISSUES OF CONCERN 1. The proposed Variance to the Sign Ordinance entails a request to exceed the maximum allowable letter height for four wall signs and four monument signs located at 5781 and 5791 Van Allen Way and 5823 Newton Drive. Staff is preliminarily supportive of the Variance request with the assumption that no additional wall or monument signage will be installed at 5781 and 5791 Van Allen Way as well as 5823 Newton Drive. Please be advised that as part of the project, a condition will be included which requires the relinquishment of any additional wall or monument signage allocations. 2. It has been brought to the attention of staff that the monument signage for the existing water feature located at 5791 Van Allen Way, which is the subject of the Variance request, has been installed without the benefit of permits or the approval of the Planning Commission. Therefore, it is recommended that the signage be removed or covered up with plastic until approval is received. If you wish to retain the signage, please submit a letter which acknowledges the current situation and that it will be removed or modified as necessary if the Variance application is denied. McFARLANE ARCHITECTS LTC SIGNAGE VARIANCE JUSTIFICATIONS: 1. The current sign ordinance is outdated and doesn't adequately address the use of various font styles with the standard English language alphabet, which was probably not the intent. For example, the current sign ordinance assumes that all letters in a sign would be of a uniform height (I.e., all capital letters). But this is not the case with respect to the Life Technologies logo. The corporate logo incorporates the company name using a standard script font where the letter "f" is larger than the other letters, but it is in scale with the other letters. Therefore, allowances should be made for letters and fonts of this nature. The maximum letter height restriction of the current sign ordinance actually penalizes any company with a non-block letter font, 2. Each of the buildings are large two stor/ buildings, ranging from 80,000 SF to 340,000 SF, with exterior walls of approximately 34 feet in height, and lengths of 200 feet, 300 feet, and 1,000 feet. If the current sign ordinance's maximum letter height requirement is strictly enforced then all of the other letters in the sign are reduced proportionately, creating signage that is out of character and out of scale for such large buildings, making the signage illegible and defeats the purpose of having signage that readily allows recognition from a far. The Carlsbad Code of Ordinances section 21.41.005 item G clearly states that a purpose of the sign ordinance is to 'provide channels of communication to the public' and item F 'allow the communication of information for commercial and non-commercial purposes'. 3. The current sign ordinance does not specifically regulate the design requirements for logos, but rather gives a letter height requirement in which 'letter height' is not clearly defined. The proposed signage for this variance request is for the corporate logo, the letter height requirement should be given a special consideration. The city has approved sign permits containing logos that exceed maximum letter height requirements. For example, sign permit PS 99-19. This permit was approved with a corporate logo comprised of a letter'T' and a letter 'R' which was 30" in height, which clearly exceeds the 18" letter height for monument signage, but without requiring a variance. 4. Approval of the variance is consistent with the general purpose of Carlsbad Municipal Code 21,41 and meets all sign design standards as listed in section 21,41,080, The proposed variance request does not create a visual clutter to the aesthetic environment, and we believe serves the city's interest in maintaining and enhancing a visual appeal for tourists and other visitors per section 21,45.005, Nor does the approval of the variance grant permission for any special use or activity at any of the properties, or interfere with the rights and privileges of adjacent property owners. life I ted hnologies' Life Toclmoloyics 5/91 Van Allen Way Carlsbad. GA 92008 USA re[R|)hone i ' 760 BtXi 7200 Facsimile • 1 760 B03 /229 wvw/.:itetcchnoioyins.corn 1/26/11 City of Carisbad Development Services Planning Division 1635 Faraday Ave. Carisbad, CA 92008-7314 Subj: Justification for Administrative Variance of Signage, Appication P-4 Dear Sir or Madam, Submitting a package for Adnunistrative Signage Variance per application P-4 for buildings 5781 and 5791 Van Allen Way. Justification for Variance for the following reasons: • ^ 3 ^ imy^^ 1. Special Circumstances: , ' a. Total Number of Signs and Allowed Sign Area: 5781 and 5791 Van Allen Way are both greater than 60,000 sq ft. Code allows for 3 signs for each building with area of 50 sq ft/sign, or a total area of 300 Sq ft for signage for both buildings. Total signs requested for both buildingsss 6, which meets code. Total area for signs requested is approximately 230 sq ft, cr 70 sq ft less area allowed by code. While total number of signs requested for 5791 exceeds code, total number and area of signs for the Life Technologies campus is within code. b. Relative Size and Location of the Signage to Building Size: 5781 Van Allen Way (330,000 sq ft) and 5791 Van Allen Way (82,000 sq ft) are large buildings. As the submittal shows, signage that complies with code is ineffective in representing the size and scale of the building,. Life Technologies feels the signage as proposed scales appropriately with our headquarters campus in Carisbad and adequately represents the building to our customers, vendors, and suppliers without misrepresenting the intent of the code. Also contributing to sign size is the Life Technologies logo. Letter height in the logo is driven by the script lower case 'f. Since all other letters in the logo are scaled, as the height of the 'f changes to comply with code the scaled letters/logo get relatively smaller. For instance, in three of the requested signs; 5791 (sign #2), Fountain sign, and 5781 (sign #4), the overall 'f height is 5', however, all other letter scale to no greater than 3' 8", only 8" higher than code allows. Impact of scaling all letters to get the script T to comply with code can also be seen in the submittal. ^gs^stems e invitrogen life I tecl Q technologies"" Life lecnnologias 5791 Van Ailen Way GnrLsbad, CA 92008 USA Telephone i 1 7B0 603 720C Facsin-ile ^1 760 603 ^-229 w/ww.'ifetochnoiorji(;a.cx)n 2. Does Not Constttute a Special Privneae: As described in 1., total number and area of signage in the campus is within code. Additionally, similar variance (signage relative to building size) has been granted for proposed LOWE'S retail property in Carisbad, hence no special privilege is granted. 3. Does Not Authorize Special Use or Activity: Business and purpose of Life Technologies company headquarters has not changed. Therefore no special use or activity is granted by granting variance. 4. Consistent with General Purpose Granting of this variance is consistent with the general purpose of Chapter 21.41 of Carisbad City sign ordinance. 5. Coastal Commission: Buildings for the proposed signage variance are not located within the coastal zone. Thank you very much for considering this variance request. If you need more information don't hesitate to contact me at the number below. We look fonward to your response. Best regards, }n Allen facilities Director, Carisbad (760) 802-4757 Bigs^stems 4> invitrogen PLANNING SYSTEMS n • LAND USE/COASTAL PLANNING LANDSCAPE ARCHITECTURE • LA3900 POLICY AND PROCESSING ENVIRONMENTAL MITIGATION IS Febniaiy 2011 Ml". Don Neu Carlsbad Plamiing Department 1635 Faraday Avenue Carlsbad, Califomia 92008 Re: Life Teclmologies sign variance request. Dear Don: It has come to the attention of the Carlsbad Research Center Owner's Association that Life Technologies has applied for a variance from the City of Carlsbad Sign Oi-dinance requu-ements. The Owner's Association strongly opposes issuance of a variance which would detract from the consistency of signage demonstrated by eveiy other property owner in the CRC, The CRC Sign criteria are intended to provide for identification of the company and not advertising for the company. The Association believes that Life Technologies request for a signage exceeding the design standards is an effort to advertise rather tban identify. It is our understanding that issuance of a variance requires "findings of special circumstances." The Owner's Association is unaware of any special circumstances that are applicable to the Life Teclmologies propeity and not applicable to the other properties. The Association would appreciate any insight you can provide as to what possible special circumstances exist. The Owner's Association is under the impression that signage in the CRC is subject to Owner's Association review prior to submittal to the City. We regret that the Association was not provided the opportunity in this instance. Finally in the interest of clarity the Owner's Association would like to point out that the CRC Architectural Review Committee's recent approval of Life Technologies landscape plans specifically did not cover signage and commented that signage would be subject to sepaiate review. We believe issuance of a variance in this situation would set a detrimental precedent for the design integrity of the park, Sincerely, Seth Schulberg CRCOA Staff Cc: CRC Owner's Association and A. Ferris. 1530 FARADAY AVENUE • SUITE 100 • CARLSBAD, CA 92008 • (760) 931-0780 • FAX (760) 931-5744 • lnro@pIaiiiiiiigs.vstcins,net