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1996-4683 CN Street Address Category Serial # Name Description Plan ck. # Year GEOPACIFICA ' G E O T E C H N I C A L C O N S U L T A N T S July 17, 1997 City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 -3633 Attention: Mr. Hans Jensen ' Subject: Soils and Geologic Investigation Neptune Project Storm Drain Rehabilitation 1470 Neptune Avenue ' Encinitas, California References: See Appendix A INTRODUCTION ' In accordance with your request we have performed a soils and geologic investigation of the project for Storm Drain Rehabilitation at 1470 Neptune Avenue in the City of Encinitas, California (see Site Location Map, Figure 1). The purpose of this investigation is to evaluate the construction of storm drain structures on top and down the bluff and subject property, and provide conclusions and recommendations relative to constructing above and underground storm drain pipe. SCOPE The scope of our investigation included the following tasks: ' • Review of the readily available published and unpublished reports and documents relative to the subject site (see References, Appendix A); • Geological reconnaissance and mapping of the site and sea bluff conditions; • Logging and sampling of the sea bluff face; • Laboratory analysis and testing of representative samples; • Engineering and Geologic analysis of field and laboratory data; ' 3 0 6 0 ' INDUSTRY ST S U I T E 1 0 5 O C E A N S I D E C A 9 2 0 5 4 ' TEL: 760.721.5488 FAX: 760.721.5539 ' GEOI ACIFIC A G E O i E C H N I C A L C O N S U L i A N I 5 1 consisting of ice -plant and shrubs. Approximately 4 feet of siltstone bedrock is exposed at ' the base of the slope and has been protected with a layer of concrete to reduce erosion. Subsurface and Surface Exploration ' As part of our investigation we have logged and sampled two exploratory test augers to 4 feet in the bluff (see Storm Drain Rehabilitation Plan, Figure 2 and Boring Log, figures B- I and B -2) We have also performed geologic mapping site reconnaissance. (see Storm Drain Rehabilitation Plan, Figure 2, Sea Bluff Face Log, Figure 3). Laboratory Testing The following laboratory tests were performed: • Direct Shear (ASTM: D 3080) The results of our shear test indicated a o = 35 degrees and c = 140 psf. SOIL AND GEOLOGIC CONDITIONS ' Soils encountered on -site during our investigation consisted of fill, solid deposits, Quaternary- aged terrace deposits, and beach sand deposits. A brief description of each of the soils and geologic units encountered is provided below. ' Fill Fill soils were observed during our site reconnaissance. The fill soils consisted of dark ' brown fine to medium grained silty sands. The thickness and type of fill soils appears to be from 1 -3 feet thick. Soil Deposits (topsoil) Soil deposits (topsoil) were encountered exposed on the top edge of the bluff in the top ' 1.0 to 5.0 feet (see Sea Bluff Face Log, Figure 3) and consists of light brown to reddish brown fine to medium grained silty sand and loose to medium dense. These deposits are believed to have a discontinuous development along the top of the bluff and are the result ' of erosion and sloughing of the bluff. Marine Terrace Deposits (Qt) ' Quaternary-aged Terrace deposits are exposed in the bluff face from the toe of the slope and extend to near the top of the slope. These deposits consist of poorly to moderately well consolidated and locally slightly to moderately well cemented light yellow to orange- ' brown, dark brown and gray brown silty fine to medium sands and sandstones. These sands are generally massive and as indicated by bedding attitudes from within the lower ' 3 GE01MCIFKA G E O! E C H N I C A L C O N S U L T A N T S • Preparation of this report presenting our findings, conclusions and recommendations ' regarding site conditions, and the utilization of a pier and anchor system for the storm drain pipe on the sea bluff face as an alternative to reduce the potential for failure of ' the pipe due to wave erosion at the base and face of the bluff. GENERAL SITE CONDITIONS ' Site Description The storm drain rehabilitation project consists of replacement of an existing private storm ' drain which has deteriorated as the result of erosion within the sea bluff (see Figure 4, Bluff Photo). It is planned to replace the storm drain from Neptune Avenue west along the property line at 1470 Neptune Avenue and replace the storm drain going down the ' slope with an above - ground system supported on piers. The project is bounded to the east by Neptune Avenue, north and south by single family ' residential structures and by an approximately 65 to 70 foot high moderately to steeply westerly sloping sea bluff to the west. The bluff descents onto a sand and gravel beach. The project is situated on the western edge of the Coastal Plain, and on the western side of the Peninsular Range Physiographic province. Site elevations range from sea level at the westerly project limit, to a high of approximately 75 feet at pad elevation. Neptune ' Avenue on the east lies roughly 3 to 5 feet above pad grade. Currently, the top edge of the bluff (slope) is situated approximately 10 to 15 feet from the principal residential structures of the subject site. Beach and Bluff Conditions ' Characteristic features that suggest an on -going erosion and bluff retreat have been observed along the western side of the properties. Features such as the undermining of the lower portion of the bluff face that is exposed to direct wave action, jointed siltstone ' blocks at the base of the bluff are common. Additionally, erosion gullies and slope failures were observed on the upper portion of the bluff possibly caused in part by exposure to precipitation, wind, landscape maintenance and loss of support from the lower portion of ' bluff (see Figure 4, Bluff Photo). During periods of high tides ocean swells often impact the base of the bluff. The near- ' shore beach environment of the site generally consists of Quaternary-aged Terrace Deposits consisting of moderately weathered and eroded sands and sandstones. These materials are weakly cemented massive, fine to medium - grained silty sand and sandstones ' which are naturally weathered and eroded into slopes ranging from 1' /z to 1 (horizontal to vertical), to near vertical. Some vegetation is present in some portions of the bluff 1 GEOPA IFI A G E O T E C H N I C A L C O N S U L T A N T S i portions of this unit, appears to have a slight dip ranging from roughly 3 to 10 degrees to ' the south - southwest. No evidence that suggest faulting, fracturing or jointing was found within these deposits. ' Torrey Sandstone A lense of gray -green siltstone within the Torrey Sandstone is presently exposed at the ' base of the subject slope. It is partly covered by a layer of concrete. This material is thinly bedded and fractured. ' Faulting Our review of Reference 3 indicates that there are no faults in this area. ' Groundwater A relatively high moisture content was observed within the lower section of the Terrace deposits with seepage present between the Terrace deposits and the underlying ' formational material. GEOLOGIC SETTING Regional Geologic Setting The subject site is located in the Peninsular Range Province of Southern California. The ' Peninsular Range Province is characterized by northwest trending mountain ranges separated by subparallel fault zones. The mountain ranges are underlain by basement rocks consisting of Jurassic metavolcanic and metasedimentary rocks and Cretaceous ' igneous rocks of the Southern California Batholith. Later Cretaceous, Tertiary, and Quaternary sediments have been deposited to the west of mountain ranges. ' The upper Cretaceous, Tertiary and Quaternary rocks flanking the western margin of the mountains are generally comprised of detrital marine, lagoonal and non - marine sediments ' consisting of sandstone, mudstones, and conglomerates. These sedimentary formations are generally flat -lying or dip gently to the northwest in the subject area. ' The Peninsular Range Province is traversed by several major active faults. The Elsinore and San Jacinto Faults are the major tectonic features. Both are strike -slip faults with predominantly right - lateral movements. The major tectonic activity appears to be a result ' of right - lateral movements on faults within the San Andreas Fault system. Seismicity ' The closest active faults to the site include the Elsinore Fault about 35 to 40 miles northeast of the site; the Coronado Bank Fault about 20 to 30 miles southwest of the site; ' 4 GEOPACIFKA G E O i E C H N I C A L C O N S U L 1 A N i S and the offshore projected extension of the Rose Canyon Fault about 3 to 5 miles west of ' the site. There are many other active faults in the southern California area that could generate ground shaking at the site; however, for purposes of this report Reference 2 contains information to suggest that ground shaking at this site would be greatest from a ' maximum probable earthquake generated on one of the branches of the Rose Canyon fault within 10 miles of the site. Information in Reference 2 suggests that the maximum ' probable earthquake for the Rose Canyon Fault is about a 6.5 Richter Magnitude event. The occurrence of such an earthquake within 10 miles of the site could generate ground acceleration at the site of greater than about 0.5g. The conditions to consider at the site from the aspects of earthquakes and faulting include ground fault rupture, liquefaction, ground shaking, and ground failure. Since there are no known or mapped active faults on the site the probability of ground fault rupture appears to be very low. Since the soils that underlie the site are medium dense to dense sand, the probability for liquefaction appears to be low. From the aspects of ground shaking this site is no different than numerous other sites around the Encinitas area and the site should perform as well as other sites in Encinitas with similar geological conditions. From the aspects of ground failure, the site condition to consider will include the sea bluff along the west part of the property and the water seepage near the contact of Pleistocene deposits ' and the Torrey Sandstone. Sea Cliff Retreat ' A variety of factors may affect the rate of retreat of coastal sea cliffs composed of materials similar to those existing along the westerly project boundary. These factors include but are not limited to, the degree of induration of the sedimentary materials ' composing the sea bluff, frequency and intensity of wave and storm action, degree of orientation of fracturing, amount of uncontrolled drainage runoff from adjoining up -slope areas and other sources, etc. ' Studies erformed for similar bluffs and environments (Reference 1 p (R a ce ), have indicated that a conservative bluff retreat rate of 0.2 -0.3 feet per year, or 10 -15 feet in about 50 years may be applicable for the subject project. This rate is supported by aerial photographic records. Given the poorly cemented nature of the terrace deposits, unprotected bluffs ' composed of this material may retreat relatively faster than protected bluffs or more cemented formations. It is important to mention that bluff retreat is episodic, site - specific and strongly related to meteorological conditions, geologic conditions and erosional ' agents. Field reconnaissance of the sea bluff in the subject site suggest the following destabilizing ' characteristics in the current condition: ' 5 1 ' GEOIACIFK_A G E O i E C H N I C A L C O N S U L i A N I 5 Destabilizing Characteristics ( see Figure 4, Bluff Photo) ' • The existence of a storm drain along the north side of the property and the periodic flooding or overflow of this drain has contributed to the failure of the bluff. ' • Landscape and slope vegetation irrigation is localized and minimal. Existing runoff from the building pads is mostly directed toward the slope areas. ' • Erosion and undermining of the lower portion of the Terrace Deposits and bedrock by wave action, creating an unstable condition. Failure of these materials could create a hazard condition to the beach -going public below and ' possibly result in loss or undermining of foundational soils from beneath the up -slope structures. • The inadequacy of erosion protection either natural or artificial leaving the face ' of the sea bluff exposed to weathering from the environment such as climactic changes, rain runoff, animal burrowing, etc., and from human activity such as up -slope landscape watering, non - planned construction, etc., thus eroding ' and/or weakening the natural condition of the materials on the face of the sea bluff. ' Landsliding and Slope Stability Based on our review of pertinent documents and our reconnaissance there are no indications of deep seated landsliding on or adjacent to the subject site. However, several ' shallow slope failures are known to have occurred previously within the upper portion of the bluff. ' Our site observation, reconnaissance and present evidence of failures within the upper portion of the sea bluff in the subject area, suggest that these failures are related largely to ' loss of support caused by erosion. Cliff Stability and Erosion ' Future sea bluff retreat at the subject site with the present conditions will largely depend on the rate of retreat of the sea cliff base. it is our opinion that the erosion of the base of the sea cliff caused by wave action, weathering and human activity, creates a constantly ' growing potential for slope instability. The potential for erosion and slope instability is considered high. It should be emphasized, however, that failure within the upper portion (terrace deposits) may occur independent from failures at the base. CONCLUSIONS AND RECOMMENDATIONS ' 6 1 c�EOl�arxA G E O i E C H N I C A L C O N 5 U L i A N i 5 1 Conclusions ' Based on the results of our investigation, it is our professional opinion that the storm drain construction as shown on the plan prepared by Masson and Associates is geotechnically feasible provided our recommendations are followed. ' Sea Bluff Protection Based upon our review and analysis, the sea bluff will continue to erode and progressively fail unless corrected. This could be retarded by the construction of seawall or rock rip- ' rap. It is understood that this may not be possible due to coastal permit restrictions. Pier Embedment ' We recommend that the piers supporting the proposed aboveground storm drain pipe be embedded at least 6 feet deep. Embedment should be at least 4 feet in to dense, undisturbed terrace deposits. Due to erosion and sloughing of the slope face pier ' embedment could be greatest than 10 feet in some locations. An example of this type of construction is shown on Figure 5, Example of Aboveground Storm Drain Construction. ' The piers should be constructed to bear tightly against the down slope face of the excavation. Any voids created on the upslope side of the pier should be properly backfilled with compacted fill or lean concrete slurry. It is also necessary that a minimum ' of 10 feet of horizontal cover be maintained between the bottom of the pier and the face of the slope. ' Excavation and Compaction of Belowground Storm Drain The excavation and compaction of the belowground storm drain should be in accordance with all requirements of the City of Encinitas and the County of San Diego Regional ' Standard Drawings. All backfill should be compacted to a minimum of 90% relative compaction in accordance with ASTM D1557 -91. ' Limitations The findings and recommendations of this report pertain only to the project investigated ' and are based upon assumption that the soil and geologic conditions do not deviate from those disclosed in the investigation. This report is issued with the understanding that it is the responsibility of the owners or their representative to ensure that the information and recommendations contained herein are brought to the attention of the Civil Engineer and I I' contractor. ' 7 GE )M IFKA G E O i E C H N I C A L C O N S U L T A N T S CONSTRUCTION INSPECTION AND LIMITATIONS ' The recommendations provided in this report are based on our observations. The interpolated subsurface conditions should be checked in the field during construction by a representative of ' Geopacifica, Inc. We recommend that all foundation excavations and grading operations be observed by a representative of this firm so that construction is performed in accordance with the recommendations of this report. Final project drawings should also be reviewed by this office ' prior to construction. ' The recommendations contained is this report are based on our field study, laboratory tests, and our understanding of the proposed construction. If any soil conditions are encountered at the site which are different from those assumed in the preparation of this report, our firm should be immediately notified so that we may review the situation and make supplementary recommendations. In addition, if the scope of the proposed structure changes from that described in this report, our firm should also be notified. This report has been prepared in accordance with ' generally accepted soil and foundation engineering practices within the City of Encinitas area. Professional judgments presented herein are based partly on our evaluations of the technical information gathered, partly on our understanding of the proposed construction, and partly on our general experience in the geotechnical field. t If you have any questions, lease call. Sincerely, t ' James F. Knowlton C.E.G. 1045, R.C.E. 55375 ' 8 t ` / O ✓� � i p5T 34 I t /,- 33 S AV o. T ¢ S Kr Lao 5 Cl G • +Y`r p�p 147! Lh �, 1 .\ Ir ®C. UPS NOflIANUY 1 B o a�!� BRITTANY AV v, �� 3 ► i (BLVD > LEIICADIA o 51 OtE Mt . a soc 1 t- F / • . R vA w WTTIA w i.� ` unu � - -- - ENCINITAS \ '� ' 'ti BEACH �• C"T 1 \w,0R SI f Z. i v SIRS C . • yr'... P.. 't,` • �. I � OWIE \x`44' ., •� �,�q,. 414 nri EV Cf WTAMfUI CA �.. .�•� .. 1 11 1 ' Scale 1" -2400' t ' TAKEN FROM: The Thomas Guide, San Diego County, Sheet 1147 LOCATION MAP GLUM/ GI ['IC \ I 1 NO. I FI URE NO. 1 f ' � oo7it x� 1 _I 7, I I 1 Uri e: h I« 1 1 - 1 N Z, Scale 1 " =25' «� ail l i l6 1 I i 1 1 Storm Drain Rehabilitation Plan by Masson & Associates G EOPA C I f I CA PROJECT No. ( FIGURE; NO. 2 1 A A ' 5 1470 Neptune V 5 �� Existing Topography 5 0 I ' Marine Terrace 5 �. ' See a e U Si_ltstone 0 1 ' TAKEN FROM: "Storm Drain Rehabilitation Plan ", No. 0003 -DI, by Masson & Associates, dated 4- 12 -96. ' Cross Section A -A' - Sea Bluff GEOPACIFICA I PROJECT NO. ( FIGURE NO. 3 a 1470 Neptune - Looking East from Beach T� Storm Drain Rehabilitation Area G O I ^ 1(_ 1 1' I( /, FIGIURF No. 4 EXAMPLE OF' ABOVEGROUND STORM DRAIN CONSTRUCTION G PntIFI FICURI 5 I .r 1470 Neptune - Looking West at Existing Storm Drain GEOPACIFIC A I'R(IF(A N(�. Ff(;IIRF No. 1 P 4 i i 1470 Neptune - Looking West Along Storm Drain Alignment G E( 1 F I'1'l �If (1 Y71(' IJRF NO 7 ' GF.n1ACff G E O r E C N N i C A L C O N S U L T A N T S ' APPENDIX A ' REFERENCES 1. Artim, E.R., 1985, "Erosion and Retreat of Sea Cliffs, San Diego County ", published research excerpt from "California's Battered Coast, Proceedings from a Conference on Coastal Erosion, San Diego, California ", edited by Jim Mcgrath, dated September, 1985 2. Geocon, Inc., 1996, "Geotechnical consultation, Storm Drain Rehabilitation, 1470 Neptune ' Avenue, Encinitas, California ", (Appendix C) ' 3. Wilson, K.L., 1972, Eocene and Related Geology of a Portion of The San Luis Rey and Encinitas Quadrangles, San Diego County, California; University of California, Riverside; unpublished Masters Thesis, 135 pages. 4. Eisenberg, L.I., 1983, "Pleistocene Marine Terrace and Eocene Geology, Encinitas, and Rancho Santa Fe Quadrangles, San Diego county, California ", Master of Science Theses, SDSU, ' dated September 20, 1983. 5. Weber, F.H., 1982, "Recent Slope Failures, Ancient Landslides, and related Geology of the ' North - Central Coastal Area, San Diego County, California ", SCMG Open file Report 82 -12 LA, dated July 1, 1982. ' 6. Tan, S. S., 1986, "Landslide Hazards in the Encinitas Quadrangle, San Diego County, California ", California Division of Mines and Geology, Open file Report. 7. Kuhn, G.G. and F.P. Shepard, 1983, "Coastal Erosion in San Diego County, California ", in Guidebook to Selected Geologic Features, Coastal Area of Southern San Diego County, ' SDAG /AEG October 1983, G.T. Farrand, Editor. ' 9 ' CalACIFICA G E O i E C H N 1 C A L C O N S U L T A N T S ' APPENDIX B 1 �1 DRILLING COMPANY: N/A RIO: Hand Auger DATE: June 12 199 BORING DIA METER: 4" _ DRIVE WEIGHT: NSA DROP: NSA ELEVATION: 20 w a o R vi ' W a 3 o W ., BORING NO. 1 U. v < CO 1. W M Z J C4 = CO W N p F- W U U a. > 3 w _� a. W m o m e° 00 O j SOIL DESCRIPTION 0 Terrace Deposits: Brown and Light Brown, Silty SAND, slightly moist to moist, medium dense. Chunk sample taken at face of bluff for shear test 5 Total Depth 4' ' No water No Cavity ' 10 ' 15 ' 20 ' 25 30 BORING LOG GEOPAC I1' 1 CA I PROJECT NO. I FIGURE NO. B - 1 1 DRILLING COMPANY: N/A RIG: Hand Auger DATE:7une 12, 1997 BORING DIAMETER: 4" DRIVE WEIGHT: N/A DROP: N/A ELEVATION: 40' w _ W C a o ~ y BORING NO. 2 ' v� W .. aj 0 z cr z -j vi _ CO W co p � W U U 1 > - -� m W <¢ � m n 0 0 O j SOIL DESCRIPTION O m 0 CIO r- 5 U — t o 0 Terrace Deposits: Light Brown fine SAND, slightly moist, dense, chunk sample taken for possible shear test from bluff face. 5 ' Total Depth 4' No Water No Cavity 10 II ' 15 ' 20 25 30 BORING LOG GEOPACI FICA. I PROJECT NO. I FIGURE NO. B - 2 ' GE?Ol�('IFI(A G E O i E C H N I C A L C O N S U L i A N i 5 ' APPENDIX C 1 1 y r GEOCON oo00ppo INCORPORATED all Geowchnical Engineers and Engineering Geologists Project No. 05619 -12 -01 April 16, 1996 ' Jim and Sandra Nicodemus c/o Masson & Associates Inca ' 200 East Washington, Suite 200 Escondido, California 92025 Attention: Mr. Edward Domingue Subject: STORM DRAIN REHABILITATION ' 1470 NEPTUNE AVENUE ENCINITAS, CALIFORNIA GEOTECHNICAL CONSULTATION ' Gentlemen: ' In accordance with your request, and our proposal dated September 22, 1995, this correspondence has been prepared to present our comments and recommendations regarding the subject project. ' A site visit was performed on September 27, 1995, in the presence of Mr. Nicodemus. In addition, .the following documents were reviewed: • Plans entitled Stormdrain Rehabilitation, 1470 Neptune Avenue, prepared ' by Masson & Associates Inc., undated. • Proposed Pier and Pipe Anchor Design, prepared by Mason & Associates ' Inc., dated April 4, 1996. The existing private storm drain, located along the western property boundaries, has deteriorated as ' a result of erosion within the slope at the rear of the subject property. The stairway located at the same location has also been deteriorated and collapsed. ' It is our understanding that corrective action will involve replacement of the storm drain pipe at the ground surface. The pipe will be supported on pier -type foundations, in order to increase suitability regarding storm action and erosion. A review of pertinent geologic reports of the area and observations during our site visit indicates that the project site is underlain by Quaternary-aged Terrace Deposits consisting of slightly ' cemented silty sand. These materials are highly susceptible to erosion due to wave action. Erosion on the steep shore lines, such as the subject area, usually occurs by undermining the toe of the slope by wave action and consequent progressive collapse of the upper portions. The erosion that has occurred at the subject property, however, seems to be more severe in comparison with the adjacent areas. It appears that some of the erosion has been attributed to the flow of surface water RECEIVED 5960 Flanders Drive San Diego, CA 9212' -297.1 APR i 8 195 619 558.6900 FAX 619 558 ri i `9 M man I ANOCISW Project No. 05619 -12 -01 April 16, 1995 ' Page 2 ' from the top of the slope and perhaps due to overflow of the existing storm drain. This has caused a topography depression in the upper portion of the slope and accumulation of slough and debris at the middle portion of the slope. No exploratory excavation was performed during our site visit; ' however, the thickness of the slough and debris is estimated to be approximately 3 to 5 feet. Based on the information presented above and review of the project plans for the proposed fixture, the following conclusidits recommendations should be considered in the design: • The progressive erosion of the ocean -side slopes may be reduced by construction of the sea wall near the toe of the slope. It is understood that ' this may not be possible due to coastal permit restrictions. • The footings supporting the proposed storm drain should be at least 6 feet ' deep. Where surficial slough and debris are present, the footing should penetrate through the surficial soils and be embedded at least 4 feet into dense, 17TIdisturbed formational soils. ' 0 The piers should be constructed to bear tightly against the downslope face of the excavation. ' 0 Any void retraining (on the upslope side) after pier construction should be prnrerly backfilled with compacted fill to reduce the potential for erosion. • In order to reduce erosion by overflow of the surface water from the top of the slope, a barrier or a brow ditch should be constructed at the top of the slope to direct surface water into the catch basin and storm drain. • All footing excavations should be observed by a representative from Geocon Incorporated in order to verify the depth of embedment. If you have an questions regarding this correspondence, or if we may be of further service, please ' contact the undersigned at your convenience. Very truly yours, / o FESS� Davtd F. ea e / +" N V527 �' Al i Sadr �� 0 RCE 22527 * �p•�1•!1 CEG 1778 �� N NO. iT73 Q ESIINt3 • AS:DFL:sIc OFC • OW- (4) Addressee t!� � O �OF CALIF 0 3026 DOC 0 1999 J'L RECORDING REQUESTED BY: ) JU 1 1 3, 1_99,9 9 AM CITY OF ENCINITAS ) OFFICIAL RECORDS SAN DIEGO CDUIITY RECORDERS OFFICL WHEN RECORDED MAIL TO: ) GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 CITY CLERK ) OC' NA CITY OF ENCINITAS ) 505 SOUTH VULCAN AVENUE ) ENCINITAS, CA 92024 ) SPACE ABOVE 994 0483732 7 FOR THE BENEFIT OF THE CITY /. DRAINAGE EASEMENT N r ASSESSOR'S PARCEL NO. Case No.: CDP 97 -192 254- 210 -0100 Drawing No.: 0003 -DI f ,� Permit No.: 4683 -CN James A. Nicodemus and Sandra S. Nicodemus husband and wife as joint tenants _ hereinafter designated Grantor(s) do(es) hereby grant, bargain, convey and release unto the City of Encinitas herein designated Grantee, its successors and assigns, a perpetual easement and right -of- way upon, through, under, over and across the hereinafter described real property for the installation, construction, maintenance, repair, replacement, reconstruction and inspection of an enclosed or unenclosed flood DRAINAGE channel and all structures incidental thereto, and for the flowage of any waters in, over, upon or through said channel, together with the perpetual right to remove buildings, structures, trees, bushes, undergrowth, and any other obstruction interfering with the use of said easement and right -of -way by the Grantee, its successors or assigns. To have and to hold said easement and right -of -way unto itself and unto its successors and assigns forever together with the right to convey said easement, or any portion of said easement, t4.other public agencies. The real property referred to hereinabove and made subject to said easement and right -of -way by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is particularly described as follows: See Exhibit "A" attached hereto and made a part hereof by this reference. JSG /ARR/Drainage.doc.doc/06.02.99 3027 The Grantee shal ave the right to fence A or any portion of said easement herein conveyed within which there is installed or constructed an unenclosed flood drainage channel. The Grantee, its successors and assigns, shall be responsible for operating, maintaining, and keeping in good repair the above described works of improvement. The Grantor, his successors and assigns, reserves the right to enclose in a manner approve by the Grantee, its successors and assigns, any portion of an unenclosed flood drainage channel provided such enclosure is constructed or installed by a licensed contractor in accordance with plans and specifications approved by and to the satisfaction of the Grantee its successors and assigns. In granting its approval the Grantee, its successors and assigns, may impose reasonable conditions including, but not limited to, the filing by the contractor or Grantor of an adequate form of security, as approved by the City Engineer, to guarantee completion of the work. There is reserved to the Grantor, his successors and assigns, the right and privilege to use the above described land of the Grantor at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the Grantee, its successors and assigns, of the rights and privileges herein granted. Dated this 64h day of SAtJJaR'�► 19 ,90) Grantor: •1 �+��s /4 N ie oc(ttiu� 5 S A.KpJ`I�. � �1 G Q� rK V✓' [Signature of GRANTOR must be notarized. Attach the appropriate acknowledgement.] I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted on November 9, 1994 that the City of Encinitas consents to the making of the foregoing Irrevocable offer, Deed, Grant, or Subordination Agreement, and consents to recordation thereof by its duly authorized officer. Date : By Alan D. Archibald Director of Engineering Services TF /03/MS7- 872wp5 2(01- 03 -95 -7) 3028 • State of rY j2L� RIGHT THUMBPRINT (Optional) County of rr On Z/ 'Q before me. �Sr,C (DA E) (NAME/TITLE OF OFFICER.L..'JANE DOE, NOTARY PUBLIC1 a 0 personally appeared �5i4Ai0Ri 4 6 . a INAME(S) OF SIGNER(SII �►� v C l21 �`� CAPACITY CLAIMED BY SIGNERIS) G ❑INDIVIDUAL(S) OCORPORATE ❑ personally known to me -OR- K proved to me on the OFFICERIS) IMES) basis of satisfactory OPARTNERIS) ❑LIMITED evidence to be the OGENERAL pe Pin ) whose name(s) OATTORNEY IN FACT w I ubscribed to the ❑ TR US TEE (S) i nstrument and ❑GUARDIAN /CONSERVATOR OFFICIAL SEAL a cknow d to me that ❑OTHER: RANDA G. MILLJOUR he /sh t ey ecuted tha NOTARY PUBLIC•CALIFORNIA COMM. NO. 1204250 same his /her F SAN DIEGO COUNTY authorized capacity SIGNER IS REPRESENTING: MY COMM. EXP. JAN. 6, 2003 and that by his /her (Name of Personls) or Entity(ies) signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument RIGHT THUMBPRINT IOptionaq Witness my hand and official seal. (BEAU ISIG TURE Y) CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUALIS) O CORPORATE ATTENTION NOTARY OFFICERISI The information requested below and in the Column to the right is OPTIONAL. ITITLFSI Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any ❑PARTNER(S) ❑LIMITED unauthorized document. OGENERAL OATTORNEY IN FACT THIS CERTIFICATE Tile or Type of Document ❑TRUSTEEIS) MUST BE ATTACHED ❑GUARDIAN /CONSERVATOR TO THE DOCUMENT Number of Pages Date of Document ❑OTHER: I DESCRIBED AT RIGHT: Sipner(si Other Then Named Above SIGNER IS REPRESENTING: (Name of Person(a) or Entitylies) ! !I i' li WOLCOTT$ FORM 83240 Rev. 3 -e4 (prig Cleee 8.2A) 1884 WOLCOTT$ FORMS, INC. i ��ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESEN7ATIONl1W0 FINGERPRINTS Illllllli IIIIi I Ill II I I 7 67775 Al 24n R .• � 3029 � GOVERNMENT CODE SECTION 27281 This is to certify that the interest in real property conveyed by deed or grant dated January 28, 1999 from James A. and Sandra S. Nicodemus to the City of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to recordation thereof by its duly authorized officer. Dated: B c Y• - 0 4 Alan D. Archibald, P.E. Director of Engineering Services City of Encinitas ti• 3434 SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded 7.28 - 1118 as File /Page No. M- 470391 1 subordinated to the Drainage Easement ( "DOCUMENT" hereinafter) described above as Required as a Condition of Approval of "AjCeew eA+ for 12% r Q-£_ Dra1wa ae a u +e.A Ah&r, 23, 19 Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY or TRUSTEE hereby waives the priority of said Deed of Trust in favor of said DOCUMENT to the same extent as if said DOCUMENT had been executed prior to said Deed of Trust. DATED BENEFICIARY L17 By: Ali 4- 7 Title: DATED BENEFICIARY OR TRUSTEE By: Title: (Signature of BENEFICIARY OR TRUSTEE must be notarized. Attach the appropriate acknowledgement.] ,,. BEATRICE CISNEROS Nohry Pubk, Sftl� of Taxes • I Copmlwlon FxPir� JULY 29.2000 I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted on November 9, 1994 that the City of Encinitas consents to the making of the foregoing Subordination Agreement, and consents to recordation thereof by its duly authorize officer Date I r Zg ' "6 - 1 By an D. Archibald Director of Engineering Services City of Encinitas TF /03/MS7- 872wp5 3(01- 03 -95 -7) 3031 EXHIBIT "A" LEGAL DESCRIPTION FOR DRAINAGE EASEMENT PROJECT NO. 0003-DI Easement Description: Being the Northerly 10 feet of following described property: Property Description That portion of Lot 26 of Leucadia Acres, in the City of Encinitas, County of San Diego, State of California, according to Map thereof no. 1704, filed in the Office of the County Recorder of San Diego County, June 5, 1918, and that portion of Lot 2 of Section 5, Township 13 South, Range 4 West, San Bernardino Meridian, in said City, County, and State, according to the official plat thereof, more properly described as follows: Beginning at the point of intersection of the westerly prolongation of the northerly line of Phoebe Street with the westerly line of Neptune Avenue, as said streets are shown on Map no. 2049 of South Coast. Park no. 4, filed in the Office of the County Recorder of said San Diego County, July 26, 1927; Thence north 19° 26'40" west (record north 19° 26'45" west) along said westerly line of Neptune Avenue 1276.43 feet to an angle point therein, thence continuing along said westerly line of Neptune Avenue north 28 09'40" west 132.2 feet (record 141.72 feet) to an angle point therein, thence continuing along said westerly line of Neptune Avenue north 19 26'40" west (record north 19 26' 45" west) 3.48 feet to the True Point Of Beginning, said point being also the most northerly corner of the land conveyed to Clarence W. Cary and Josephine L. Cary by deed dated June 12 1928 and recorded in book 1487, page 338 of deeds, records of San Diego County, thence leaving said westerly line of Neptune Avenue south 70 33' 20" west along the northwesterly line of said Cary's land and along the southwesterly prolongation thereof a distance of 188.39 feet, more or less, to a point on the easterly line of that tract of land as conveyed by the South Coast Land Company to the County of San Diego by deed dated January 10, 1930 and recorded February 11, 1930, document no. 7207; thence along the said easterly line of County Lands, north 18 44' 15" west a distance of 75.0 feet to an intersection with the southwesterly prolongation of the northwesterly line of the land conveyed to Emile Ferir, et ux, by deed recorded in book 1487, page 338 of deeds, thence north 70 33' 20" east along said prolongation and along said northwesterly line of said Ferir's land a distance of 187.56 feet, more or less, to a point on the said westerly line of Neptune Avenue which is distant thereon 75 feet northwesterly from the True Point Of Beginning; thence south 19 26'40" east (record south 19° 26'45" east) along said westerly line of Neptune Avenue, 75 feet to the True Point Of Beginning. Excepting therefrom, that portion, if any, heretofore or now lying below the mean high tide of the Pacific Ocean. JLR Qjeremylniodemoslegal.doc 11/24198 RECORDING REQUWED BY AND, ) E.)�, �;, WHEN RECORDED MAIL TO: ) OCT 0 y 2 001 4: 2: u P } OFFICIAL RECORD CIT CLERK ) SAN DIEGO COUNTY RECORDER'S OF' ICE CITY OF ENCINITAS } GREGORY J. SMIR COI;UTY :RECORDER 11 S05 South Vulcan Avenue ) FEES: ?n,' Encin itas, CA 92024 } ENCROACHMENT MAINTENANCE AND RNK10VAL COVENANT ENCROACHMENT PERMIT NO. 2° l A . P . N .. 0 nit As encroachment permit is hereby granted to the Permittee designated in paragraph one, Attachment "A," as the owner of the Benefitted Property described in paragraph two, Attachment "A," to encroach upon City Property described in paragraph three, Attachment "A," as detailed in the diagram, Attachment " B. " Attachments " A " and "B" are hereby incorporated herein by this reference as though fully set forth at length. In consideration of the issuance of this encroachment permit, Permittee hereby covenants and agrees, for the benefit of the City, as follows: 1. This covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumberancers, successor 3, heirs, personal representatives, transferees, and assigns oE the respective parties. 2. Permittee shall use and occupy the City Property only in the mann r and for the purposes described in paragraph four, Attachmen "A." 3. By accepting the benefits herein, Permittee acknowledges title to he City Property to be in the City and waives all right to contes that title. 4. The term of the encroachment permit is indefinite and may be revoked by the City and abandoned by Permittee at any time. The City shall mail written notice of revocation to Permittee, addressed to the Benefitted Property which shall set forth the date upon whic the benefits of encroachment permit are to cease. 5. City is entitled to remove all or a portion of the improveme is constructed by Permittee in order to repair, replace, or instalL public improvements. City shall have no obligation to pay for oc restore Permittee's improvements. 6. ermittee agrees to indemnify and hold the City harmless from and against all claims, demands, costs, losses, damages, injuries, litigation, and liability arising out of or related to the use, onstruction, encroachment or maintenance to be done by the Permittee or Permittee's agents, employees or contractors on City Prop rty. TF /04 /PW4 206wp5.bk (1- 04 -96) 7. Upon abanflnment, revocation or comletion, Permittee shall, at no cost to the City, return City Property to its pre - permit condition within the time specified in the notice of revocation or prior to the date of abandonment. 8. If Permittee fails to restore the City Property, the City shall ha e the right to enter upon the City Property, after notice to the Permittee, delivered at the Benefitted Property, and restore the City Property to its pre - permit condition to include the removal and destruction of any improvements and Permittee agrees to reimburse the City for the costs incurred. 9. If either party is required to incur costs to enforce the provisions of this covenant, the prevailing party shall be entitled to full reimbursement for all costs, including reasonable attorney's fees. 10. Permittee shall agree that Permittee's duties and obligations under this covenant are a lien upon the Benefitted Property. Upon 30 -day notice, and an opportunity to respond, the City may add to the tax bill of the'Benefitted Property any past - due financial obligation owing to city by way of this covenant. 11. Permittee waives the right to assert any claim or action against tie City arising out of or resulting from the revocation of this permit or the removal of any improvements or any other action by the City, its officers, agents, or employees taken in a non - negligent manner, in accordance with the terms of the permit. 12. Permittee recognizes and understands that the permit may create a possessory interest subject to property taxation and that the perm ttee may be subject to the payment of property taxes levied on such interest. 4 13. As a condition precedent'to Permittee's right to go upon the City Property, the agreement, must first be signed by the Permittee, notarized, executed by the City and recorded with the County Recorder of the County of San Diego. The recording fee shall be oaid Permittee. Approved and issu by the City `bf Encinitas, California, this day of AALOP9 AGREED AND ACCEPTED: PERMITTEE Dated — G/- Q Dated ( Notarization of PERMITTEE signature is attached } City of Encinitas /O - -NO AR zATION NOT REQUIRED- - TF /04/PW4 206wp5.bk (1- 04 -96) CALIFORNIA A L- PURPOSACKNOWLEDGMENT State of County of On Dl7D before me, ga 1 4 v , Date '� N and Title of (Nicer (e.g., 'Jane Doe, Notary Publich personally ap eared Names) of Signer(s) ❑ personally k iown to me – OR – ❑ proved to me on the basis of safisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by OFFICIAL SEAL his/her /their signature(s) on the instrument the person(s), NEAL GANZ or the entity upon behalf of which the person(s) acted, NOTE' f executed the instrume COMM. NO 1143145 SAN DIEG4TIM 'M Ems' 1q, �l WITNESS my hand and official seal. C�L1� 5 natur of Notary Public OPTIONAL Though the infom tation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(le) Claimed by Signer(s) Signer's Name Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Cfficer ❑ Corporate Officer Title(s): Title(s): O Partner — El Limited ❑ General ❑ Partner — El Limited ❑ General • Attorney-in-Fact ❑ Attorney -in -Fact • Trustee ❑ Trustee i ❑ Guardian or Conservator 01 1 , ❑ Guardian or Conservator ❑ Other; Top of thumb here ❑ Other: Top of thumb here Signer is Representing. Signer Is Representing: ® 1994 National Notary Association - 8 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309.7184 Prod, No. 5907 Reorder: Call Toll -Free 1 -800 -876 -6827 • AACHMENT "A" TO COVENANT • REGARD ENCROACHMENT PERMIT NO. 6629 PE PARAGRAPH ONE - Permitee: James A. Nicodemus PARAG PH TWO - Benefitted Property Description: That porti n of Lot 26 of Leucadia Acres, in the City of Encinitas, County of San Diego, State of Califomia, according to Map thereof no. 1704, filed in the Office of the County Recorder of San Diego County, June 5, 1918, and that portion of Lot 2 of Section 5, Township 13 South, Range 4 West, San Bernardino Meridian, in said City, County, and State, according to the official plat thereof, more properly described as follows: Beginning at the point of intersection of the westerly prolongation of the northerly line of Phoebe S reet with the westerly line of Neptune Avenue, as said streets are shown on Map no. 2 49 of South Coast Park no. 4, filed in the Office of the County Recorder of said San Diego County, July 26, 1927; Thence north 19 26'40" west (record north 19 26'45" w st) along said westerly line of Neptune Avenue 1276.43 feet to an angle point therein, th nce continuing along said westerly line of Neptune Avenue north 28 09'40" west 132. feet (record 141.72 feet) to an angle point therein, thence continuing along said west r line of Neptune Avenue north 19 26'40" west (record north 19 26' 45" west) 3.4E feet to the True Point Of Beginning, said point being also the most northerly corner oft ie land conveyed to Clarence W. Cary and Josephine L. Cary by deed dated June 12 1 28 and recorded in book 1487, page 338 of deeds, records of San Diego County, th nce leaving said westerly line of Neptune Avenue south 70 33' 20" west along the northwesterly line of said Cary's land and along the southwesterly prolongation thereof a c istance of 188.39 feet, more or less, to a point on the easterly line of that tract of land as onveyed by the South Coast Land Company to the County of San Diego by deed clated January 10, 1930 and recorded February 11, 1930, document no. 7207; thence alo ig the said easterly line of County Lands, north 18 44' 15" west a distance of 75.0 feet to an intersection with the southwesterly prolongation of the northwesterly line of the land conveyed to Emile Ferir, et ux, by deed recorded in book 1487, page 338 of deeds, the ice north 70° 33' 20" east along said prolongation and along said northwest rly line of said Ferir's land a distance of 187.56 feet, more or less, to a point on the sal westerly line of Neptune Avenue which is distant thereon 75 feet northwest rly from the True Point Of Beginning; thence south 19 26'40" east (record south 19 6'45" east) along said westerly line of Neptune Avenue, 75 feet to the True Point Of eginning. Excepting herefrom, that portion, if any, heretofore or now lying below the mean high tide or the Pacific Ocean. PARAGRAPH THREE - City Property: Portion of right -of -way on Neptune Ave. PARAGRAPHFOUR - Purpose: Property improvement Attachment "B" DETAIL OF ENCROACHMENT ON NEPTUNE AVE. £XiTiN3 W -06 NT. ��ce �� Yti OPP r � f -- -- t-- - --- -- I I EXrrN& 4' -m' AAM 0) yioocy FEN= `� I Env AC.tI/�'i�/V7" I i /4-70 ! ! LM i I s I 1 I 20' FROW Y NTS � BETB Z� I _ I I I I I � f I I 1 004- DR1vE AY, I I 29- SLOPE TO STREET �.... � I LL I ► r W I ! z I fill TRANSMITTAL FORM FAX: 633 -2818 CITY OF ENCINITAS Community Development 505 S. Vulcan Avenue Engineering Encinitas, CA 92024 -3633 Fire Administration Fire Prevention Public Works DATE: November 7, 1997 SENT VIA MAIL TO: County Clerk P.O. Box 1750 San Diego, CA 92101 -2422 _OROM: Diane Langager, Associate Planner PHONE: 760/633 -2714 ❑ Call ASAP ❑ Review & Call 2 Review & Return ❑ F.Y.I. 2'.-Please Handle ❑ Per Our Conversation ❑ Please Reply by ❑ As Requested Enclosed please find the original plus 3 copies of both the Notice of Determination and the Certificate of Fee Exemption for processing regarding Case No. 97 -192 CDP/EIA. Please conform one copy of each and return to me for documentation. If you have any questions please do not hesitate to contact me at (760) 633 -2714. VOTICE OF DETERMINATION - APPENDIX H NEW r0: _ Office of Planning and Research FROM: City of Encinitas 1400 Tenth Street, Room 121 505 S. Vulcan Avenue Sacramento, CA 95814 Encinitas, CA 92024 San Diego Recorder /County Clerk County of Sao Diego, Attn: Mits 1600 Pacific Highway, R 260 P.O. Bo: 1750 San Diego, CA 92112 -4147 Sub ject: Filing Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title State Clearinghouse Number Lead Agency Controt*isse6 Area coaai etepaoae t,ztenston (If submitted to Clearinghouse) Project Location (Inchide County) _ P Prolec Descrip This is to advise that 10 ad Agency [ 1 Agency has approved the above described project on and has made the following determinations te) regarding the above described project: 1. The project ([ I will [*4�20t) have a significant effect on the environment 2. [ 1 An Impact Report was prepared for this project pursuant to the provisions of CEQA. 114CNegntive Declaration prepared for this project pursoaat to the provision of CEQA. 3. Mitigation measures (( ere [ I were not) made a condition of the approval of the project 4. A statement of Overriding Considerations ([ I was [ I was not) adopted for this project A This is to certify that the eats and responses and record of project approval is available to the General Public at: ignatare (Public Ageo Date Community DevelopmenVbirect6r Date Received for Filing and Posting at OPR: LK /05 /BP2- 194wp5 (04 -27 -95/2) Aortsbw/oB9 • CALIARNIA DEPARTMENT OF FISH A# GAME CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project Title /Location [Name and Address of Project]: Located in City of Encinit L��45tiP W 9 7 col oy CAa,�IA' l �V /t-k°� Project Description: e6Q,51l Findings of Exemption No impacts have been identified which will adversely affect: (A) Riparian land, rivers, streams, watercourses, and wetlands under state and federal jurisdiction; (B) Native and non - native plant life and the soil required to sustain habitat for fish and wildlife; (C) Rare and unique plant life and ecological communities dependent on plant life; and (D) Listed threatened and endangered plant and animals and the habitat in which they are believed to reside. (E) All species or plant or animals as listed as protected or identified.for special management in the Fish and Game Code, the Public Resources Code, the Water Code or regulations adopted thereunder. (F) All marine and terrestrial species subject to the jurisdiction of the Department of Fish and Game and the ecological communities in which they reside. (G) All air and water resources the degradation of which will individually or cumulatively result in a loss of biological diversity among the plants and animals residing in that air and water. Please see egative DeclarationAEIR initial study for more information. Certification: I hereby certify that the lead agency has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. for Title: Community Development Director Lead Agency: Ciity of pncinitas Date: CR /03 /PF2 - 319 WP5.1 (5/1/91 -1) CITY of ENCINITAS COMMUNITY DEVELOPMENT DEPARTMENT 505 S. Vulcan Avenue Encinitas, California 92024 -3633 (619) 633 -2710 NOTICE OF FINAL ACTION COASTAL DEVELOPMENT PERMIT APPLICATION Description of development: Coastal Development Permit and Environmental Initial Assessment request to authorize the construction of a public storm drain on the top and face of the coastal bluff. LOCATION: 1470 Neptune Avenue CASE FILE: 97 -192 CDPIEIA APPLICANT: City of Encinitas James & Sandra Nicodemus APPLICANT'S ADDRESS: 505 So. Vulcan Avenue 1470 Neptune Avenue Encinitas, CA 92024 Encinitas, CA 92024 ATTN: Hans Jensen The project described above is located within the coastal zone. A coastal development permit application for the project has been acted upon by the Planning Commission Action: Approved X Approved with conditions Denied Conditions of approval: -see attached Resolution No. PC 97 -65 for conditions of approval Findings: -see attached Resolution No. PC 97 -65 for findings This Decision is not appealable to the Coastal Commission X This Decision is Appealable to the Coastal Commission pursuant to Coastal Act Section 30603 and Chapter 30.04 of the City of Encinitas Municipal Code. An aggrieved person may appeal this decision to the Coastal Commission within 10 days following the Coastal Commission's receipt of this notice. Applicants will be notified by the Coastal Commission as to the date the Commission's appeal period will conclude. Appeals must be in writing to the Coastal Commission, San Diego Coast District office. This notice is dated November 7, 1997. Dlf: 97 -049 (11/7/97) RESOLUTION NO: PC -97 -65 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ENCINITAS APPROVING A COASTAL DEVELOPMENT PERMIT TO AUTHORIZE THE CONSTRUCTION OF A PUBLIC STORM DRAIN ON THE TOP AND FACE OF THE COASTAL BLUFF FOR PROPERTY LOCATED AT 1470 NEPTUNE AVENUE (CASE NO. 97-192 CDP/EIA) WHEREAS, the City of Encinitas and James and Sandra Nicodemus applied for a Coastal Development Permit to authorize the construction of a public storm drain on the top and face of the coastal bluff pursuant to Chapter 30.80 Coastal Development Permits of the Municipal Code of the City of Encinitas; for property located at 1470 Neptune Avenue, Encinitas, further described as: SEE ATTACHMENT "A" WHEREAS, a public hearing was conducted on the application by the Planning Commission on October 23, 1997 and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: a. Storm Drain Rehabilitation Plans dated received August 19, 1997 by the City of Encinitas, consisting of 2 sheets total; b. Written information submitted with the application; C. Oral testimony from staff, applicant, and public made a part of the record at said public hearing; d. Planning Commission staff report (97 -192 CDP /EIA) prepared for the meeting of October 23, 1997 which is on file in the Department of Community Development; e. The General Plan, Municipal Code, Associated Land Use Maps and the Local Coastal Plan; and f. Additional written documentation. WHEREAS, the Planning Commission of the City of Encinitas made the following findings pursuant to Chapter 30.80 of the Encinitas Municipal Code: SEE ATTACHMENT "B" cd/DL/RPC97192.765 (Final - 10/31/97)1 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Encinitas that application 97 -192 CDP/EIA is hereby approved subject to the following conditions: SEE ATTACHMENT "C" BE IT FURTHER RESOLVED that the Planning Commission in its independent judgment finds that with incorporation of the mitigation measures prescribed in the Environmental Initial Study prepared by Curtis Scott Engelhorn and Associates, dated September 20, 1997, this project is not likely to result in any significant adverse environmental impacts, and a Mitigated Negative Declaration is adopted in conformance with CEQA. This project will not individually or cumulatively have an adverse effect on wildlife resources as defined in Section 711.2 of the Fish and Game Code, and, therefore, a Certificate of Fee Exemption shall be made with De Minimus Impact Findings. PASSED AND ADOPTED this 23rd day of October 1997, by the following vote, to wit: AYES: Commissioners Jacobson, Wells, Bagg, Patton and Lanham NAYS: None ABSENT: None ABSTAIN: None Alice Jacobson, a rperson of the Planning C mission of the City of Encinitas ATTEST: 17., Sandra Holder, Secretary cd/DL/RPC97192.765 (Final - 10/31/97)2 • ATTACHMENT "B" RESOLUTION NO. PC -97 -65 FINDINGS FOR A COASTAL DEVELOPMENT PERMIT CHAPTER 30.80 OF THE ENCINITAS MUNICIPAL CODE (CASE NO. 97-173 CDP/EIA) Standard A decision to approve a Coastal Development Permit must be based upon the written findings found in Section 30.80.090 of the Municipal Code: 1. The project is consistent with the certified Local Coastal Program of the City of Encinitas; and 2. The proposed development conforms with Public Resources Code 21000 and following in that there are no feasible mitigation measures or feasible alternatives available which would substantially lessen any significant adverse impact that the activity may have on the environment. 3. For projects involving development between the sea or other body of water and the nearest public road, approval shall include a specific finding that such development is in conformity with the public access and public recreation policies of Section 30200 et seq. of the Coastal Act. Facts: The subject application includes a Coastal Development Permit request to authorize the construction of a public storm drain on the top and face of the coastal bluff. The application is being processed pursuant to Section 30.34.020 (Coastal Bluff Overlay Zone) and Chapter 30.80 (Coastal Development Permit) of the Municipal Code Section 30.34.020B.5 of the Municipal Code requires drainage to be diverted away from within 5 feet of the edge and face of the bluff, unless otherwise approved by the Planning Commission following recommendations from the City Engineer. The proposed drainage facility has been determined by the City Engineer as the appropriate means for accommodating drainage on this site since it is replacing an existing drainage pipe which conveys drainage from Neptune Avenue. In a memorandum dated August 5, 1997, which is on file in the Community Development Department, Engineering staff states "Drainage along Neptune Avenue must be accommodated, since the City requires that drainage on the bluff top lot be routed to Neptune and not over the bluff. .... Future plans call for a drainage system in Neptune Avenue for collection and conveyance of surface drainage, and this pipe is considered a vital part of such a future system." The proposed system is a means whereby the subject site and other properties in the general vicinity can avoid drainage running directly over the edge of bluff. cd/DL /RPC97192.765 (Final - 10/31/97)3 A Soils and Geologic Investigation prepared by Geopacifica Geotechnical Consultants, dated July 17, 1997, and a Geotechnical Letter Report prepared by Geocon, Inc., dated April 16, 1996, which are on file in the Community Development Department, were submitted as part of the subject application. The Geotechnical Evaluations were reviewed by the Engineering Department, and as stated within memorandum dated August 5, 1997, were determined to adequately address the site conditions, and supports the design of the replacement drainage structure. Additionally, in correspondence dated October 23, 1997, which is on file in the Community Development Department, the project Geotechnical Consultant stated that "The proposed storm drain design was selected because no shore protection would be required now or in the future for the protection of the storm drain structure." The existing drainage facility collects surface drainage from a localized area on Neptune Avenue (approximately 100' - 200' to the north and south). Verbal comments were received from a citizen expressing concern related to the pollutants from the street being included in drainage which is outlet directly onto the beach. Although the amount of flows attributed to the pipe are low, staff has added a condition to the project requiring that the storm drain be designed to contain and filter any oils and/or silt that run off from initial and continued rainfall. As a result of the Environmental Initial Study it was determined that mitigation measures were necessary related to the aesthetic issues. To mitigate the visual impacts of the exposed portion of the storm drain pipe, the project is required to paint all exposed portions of the facility a color resembling the exposed light brown to reddish brown bluff sands. Areas on the bluff face disturbed by storm drain pipe installation and other areas supporting no vegetation shall be landscaped with plants started by seed sown in the fall and not irrigated. With incorporation of the prescribed mitigation measures it was determined that the project could not have a significant effect on the environment. Alternatives to the project design were discussed by the project Geotechnical Consultant in correspondence dated September 19, 1997, which is on file in the Community Development Department. The consultant stated that"... several pipe installation methods were looked at prior to the subject design. This design allows for the least disturbance and best ease of construction of all methods reviewed. Slope stability is improved and maintenance on the pipe is accessible and cost - effective" Alternatives to the project design were discussed in further detail in the October 23, 1997 correspondence prepared by the project Geotechnical Consultant. Four alternatives were addressed which included 1) conventional underground pipe construction, 2) surface concrete ditch, 3) boring through the bluff and slope face and 4) doing nothing to the existing condition. Alternatives 1 and 2 were rejected because they were more invasive and could accelerate the bluff face erosion; alternative 3 was rejected because it did not allow for future maintenance and could allow for potential infiltration and piping of water into the bluff; and 4 was rejected due to continuation of bluff erosion and endangerment of the existing blufftop structure. cd/DL /RPC97192.765 (Final - 10/31/97)4 Discussion Related to Finding No. 1, with acceptance of 1) the geotechnical evaluations, and 2) the proposed drainage improvements, the project is in conformance with the provisions of the Local Coastal Plan which includes the General Plan and appropriate chapters of the Municipal Code. Related to Finding No. 2, mitigation measures related to aesthetic issues are required as part of the project whereby there are no potentially significant adverse impacts associated with this project. In review of design alternatives for the project, the proposed design was determined to be the least impacting to the site. Related to Finding No. 3, the subject site is located on the west side of Neptune Avenue adjacent to the coastal bluff. The project site doe not currently provide public access to the shore, and the project does not propose any public access or public recreational facilities. Public access or public recreational facilities are not feasible given the project site condition as a bluff -top residential property. Therefore, no condition requiring public access is imposed with this approval. Public access to the shore is available in the near vicinity with Ponto State Beach and the Grandview stairway to the north and with Beacon's Beach public accessway further to the south. Since there was not public access through the property prior to this application the ability of the public to access the shore is not adversely impacted with this application. Conclusion: The Planning Commission finds that 1) the project is consistent with the certified Local Coastal Program of the City of Encinitas; 2) that the potential adverse impacts associated with the project will be eliminated or reduced to a level of insignificance with implementation of the required mitigation measures and there is no feasible alternative available which would substantially lessen any significant adverse impact associated with the project; and 3) the providing of public access or recreational facilities is not feasible or appropriate for the project. cd/DL /RPC97192.765 (Final - 10/31/97)5 ATTACHMENT "C" RESOLUTION NO. PC -97 -65 CONDITIONS OF APPROVAL Applicant: City of Encinitas and James and Sandra Nicodemus Case No.: 97 -192 CDP /EIA Subject: Conditions of approval for a Coastal Development Permit request to authorize the construction of a public storm drain on the top and face of the coastal bluff. Location: 1470 Neptune Avenue A. SPECIFIC CONDITIONS 1. The above ground portion of the storm drain pipe and fittings shall be painted a color resembling the exposed light brown to reddish brown bluff sands. 2. Areas on the bluff face disturbed by storm drain pipe installation and other areas supporting no vegetation shall be landscaped with plants started by seed sown in the fall and not irrigated. The plant mix shall consist of, if available as seed, Artemisia californica (California Sagebrush), Encelia californica (California Encelia), Eriogonum fasciculatum (Flat -top Buckwheat), Eriogonum parvifolium (Bluff Buckwheat), Lotus scoparius (California Deerweed), Lycium californicum (Desert Thorn), Coreopsis maritima (Sea Dahlia), Iscoma veneta (Bonny Doone), Limonium sinuatum (Sea Lavender), Agave shawii (Maque), Opuntia littoralis (Prickly Pear), and Bromus spp. (Brome) or Fescue spp. (Fescue). 3. Upon completion of the installation of the landscaping a final field observation shall be conducted and a certification of substantial completion shall be completed and signed by a state licensed landscape architect, landscape contractor or an irrigation designer who also holds a state license in the landscape field. Said certification shall be submitted to the Community Development Department. 4. The storm drain shall be designed to contain and filter any oils and/or silt that run off from initial and continued rainfall. 5. Prior to the start of construction, evidence that the grant of easement has been recorded shall be submitted to the Community Development Department. cd/DL/RPC97192.765 (Final - 10/31/97)6 B. GENERAL CONDITIONS 1. This approval will expire in two years, on October 23, 1999, at 5:00 p.m., unless the conditions have been met or an extension has been approved by the authorized agency. 2. This approval may be appealed to the City Council within 15 calendar days from the date of this approval. This approval by the Planning Commission is also appealable to the Coastal Commission. Appeals to the Coastal Commission must be filed within 10 working days after the Coastal Commission has received mailed notice of final local action. Applicants will be notified by the Coastal Commission as to the date of when the Commission's appeal period concludes. 3. At all times during the effective period of this permit, the applicant shall obtain and maintain in valid force and effect, each and every license and permit required by a governmental agency for the operation of the authorized activity. 4. In the event that any of the conditions of this permit are not satisfied, the Community Development Department shall cause a noticed hearing to be set before the authorized agency to determine why the City of Encinitas should not revoke this permit. 5. Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency, may add, amend, or delete conditions and regulations contained in this permit. 6. Nothing in this permit shall relieve the applicant from complying with the conditions and regulations generally imposed upon activities similar in nature to the activity authorized by this permit. 7. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that specifically described in this permit. 8. Approval of this request shall not waive compliance with any sections of the Municipal Code and all other applicable City Ordinances in effect at the time of construction unless specifically waived herein. 9. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance if applicable. 10. Project is conditionally approved as submitted as evidenced by the Project Plans entitled Storm Drain Rehabilitation dated received August 19, 1997 by the City of Encinitas, consisting of 2 sheets total, and signed by a City Official as approved by cd/DL /RPC97192.765 (Final - 10/31/97)7 the Planning Commission on October 23, 1997, and shall not be altered without Community Development Department review and approval. APPLICANT SHALL CONTACT THE CITY ENGINEERING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION: C. Engineering_ All City Codes, regulations, and policies in effect at the time of building permit issuance shall apply. cd/DL /RPC97192.765 (Final - 10/31/97)8 CITY OF ENCINITAS NEGATIVE DECLARATION Project Title: Neptune Storm Drain Rehabilitation; Case Number 97 -192 CDP. Location: 1470 Neptune Avenue, Leucadia Community, Encinitas, California. Description: Removal of approximately 30 linear feet of 12 inch corrugated metal pipe and 97 linear feet of 18 inch corrugated metal pipe and replacement with approximately 189 linear feet of 18 inch corrugated aluminum pipe with grated inlet. Project Sponsor: Engineering Services City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 FINDING: Based upon information provided in the Initial Study, along with Comments and Responses to the Notice of Preparation of a Negative Declaration which have been presented to the ty ^iI- Plann ng Commission, City of Encinitas, at a duly called meeting on 4247, the Council /Commission finds that the project will not have a significant effect on the environment. MITIGATION MEASURES: Mitigation measures included in the project as a condition of project approval to avoid potentially significant effects include: The aboveground portion of the storm drain pipe and fittings shall be painted a color resembling the exposed light brown to reddish brown bluff sands. Areas on the bluff face disturbed by storm drain pipe installation and other areas supporting no vegetation shall be landscaped with plants started by seed sown in the fall and not irrigated. The plant mix shall consist of, if available as seed, Artemisia californica (California Sagebrush), Encelia californica (California Encelia), Eriogonum fasciculatum (Flat -top Buckwheat), Eriogonum parvifolium (Bluff Buckwheat), Lotus scoparius (California Deerweed), Lycium californicum (Desert Thorn), coreopsis maritima (Sea Dahlia), Iscoma veneta (Bonny Doone), Limonium sinuatum (Sea 1 Lavender), Agave shawii (Mague) Opuntia littoralis (Prickly Pear), and Bromus spp. (Brome) or Fescue spp. (Fescue). A copy of the Initial Study has been attached to substantiate the finding. Date , Chairman, Plann' g Commission City of Encinitas 2 CITY OF ENCINITAS I( MEMORANDUM TO: Planning Commission VIA: Bill Weedman, City Planner FROM:_>�Iane S. Langager, Associate Planner SUBJECT: Additional Information and Revisions to the draft Resolution of Approval regarding Item No. 5 (Case No. 97 -192 CDP/EIA) of the October 23, 1997 Planning Commission Agenda. DATE: October 23, 1997 Correspondence, dated October 23, 1997, was received from Coastal Commission staff today regarding Case No. 97 -192 CDP /EIA which requested additional information related to project alternatives and requested certification from the City's geotechnical consultant that the development will be reasonably safe from failure and erosion over its lifetime without having to propose any shore or bluff stabilization to protect the structure in the future. In correspondence dated October 23, 1997, the City's Geotechnical Consultant, Jim Knowlton of Geopacifica Geotechnical Consultants, responded to the Coastal Commission staff's concerns. Both letters are attached herein for review. In order to incorporate the geotechnical consultant's responses into the draft Resolution of Approval, additional text has been added as follows: 1. The following was added at the end of the third paragraph of the Facts Section of the Required Findings - Additionally, in correspondence dated October 23, 1997, which is on file in the Community Development Department, the project Geotechnical Consultant stated that "The proposed storm drain design was selected because no shore protection would be required now or in the future for the protection of the storm drain structure." 2. The following was added at the end of the sixth paragraph of the Facts Section of the Required Findings - Alternatives to the project design were discussed in further detail in the October 23, 1997 correspondence prepared by the project Geotechnical Consultant. Four alternatives were addressed which included 1) conventional underground pipe construction, 2) surface concrete ditch, 3) boring through the bluff and slope face and 4) Dlf: 97 -047 (10/23/97)1 doing nothing to the existing condition. Alternatives 1 and 2 were rejected because they were more invasive and could accelerate the bluff face erosion; alternative 3 was rejected because it did not allow for future maintenance and could allow for potential infiltration and piping of water into the bluff ; and alternative 4 was rejected due to continuation of bluff erosion and endangerment of the existing blufftop structure. The revised pages of the draft Resolution of Approval are attached for your review and consideration. Dlf. 97 -047 (10/23/97)2 whereby the subject site and other properties in the general vicinity can avoid drainage running directly over the edge of bluff. A Soils and Geologic Investigation prepared by Geopacifica Geotechnical Consultants, dated July 17, 1997, and a Geotechnical Letter Report prepared by Geocon, Inc., dated April 16, 1996, which are on file in the Community Development Department, were submitted as part of the subject application. The Geotechnical Evaluations were reviewed by the Engineering Department, and as stated within memorandum dated August 5, 1997, were determined to adequately address the site conditions, and supports the design of the replacement drainage structure. Additionally, in correspondence dated October 23, 1997, which is on file in the Community Development Department, the project Geotechnical Consultant stated that "The proposed storm drain design was selected because no shore protection would be required now or in the future for the protection of the storm drain structure." The existing drainage facility collects surface drainage from a localized area on Neptune Avenue (approximately 100' - 200' to the north and south). Verbal comments were received from a citizen expressing concern related to the pollutants from the street being included in drainage which is outlet directly onto the beach. Although the amount of flows attributed to the pipe are low, staff has added a condition to the project requiring that the storm drain be designed to contain and filter any oils and/or silt that run off from initial and continued rainfall. As a result of the Environmental Initial Study it was determined that mitigation measures were necessary related to the aesthetic issues. To mitigate the visual impacts of the exposed portion of the storm drain pipe, the project is required to paint all exposed portions of the facility a color resembling the exposed light brown to reddish brown bluff sands. Areas on the bluff face disturbed by storm drain pipe installation and other areas supporting no vegetation shall be landscaped with plants started by seed sown in the fall and not irrigated. With incorporation of the prescribed mitigation measures it was determined that the project could not have a significant effect on the environment. Alternatives to the project design were discussed by the project Geotechnical Consultant in correspondence dated September 19, 1997, which is on file in the Community Development Department. The consultant stated that "... several pipe installation methods were looked at prior to the subject design. This design allows for the least disturbance and best ease of construction of all methods reviewed. Slope stability is improved and maintenance on the pipe is accessible and cost - effective" Alternatives to the project design were discussed in further detail in the October 23, 1997 correspondence prepared by the project Geotechnical Consultant. Four alternatives were addressed which included 1) conventional underground pipe construction, 2) surface concrete ditch, 3) boring through the bluff and slope face and 4) doing nothing to the existing condition. Alternatives 1 and 2 were rejected because they were more invasive and could accelerate the bluff face erosion; alternative 3 was rejected because it did not allow for future maintenance and cd/DL /SR97192.PC1 (10/15/97)8 I could allow for potential infiltration and piping of water into the bluff ; and 4 was rejected due to continuation of bluff erosion and endangerment of the existing blufftop structure. Discussion Related to Finding No. 1, with acceptance of 1) the geotechnical evaluations, and 2) the proposed drainage improvements, the project is in conformance with the provisions of the Local Coastal Plan which includes the General Plan and appropriate chapters of the Municipal Code. Related to Finding No. 2, mitigation measures related to aesthetic issues are required as part of the project whereby there are no potentially significant adverse impacts associated with this project. In review of design alternatives for the project, the proposed design was determined to be the least impacting to the site. Related to Finding No. 3, the subject site is located on the west side of Neptune Avenue adjacent to the coastal bluff. The project site doe not currently provide public access to the shore, and the project does not propose any public access or public recreational facilities. Public access or public recreational facilities are not feasible given the project site condition as a bluff -top residential property. Therefore, no condition requiring public access is imposed with this approval. Public access to the shore is available in the near vicinity with Ponto State Beach and the Grandview stairway to the north and with Beacon's Beach public accessway further to the south. Since there was not public access through the property prior to this application the ability of the public to access the shore is not adversely impacted with this application. Conclusion: The Planning Commission finds that 1) the project is consistent with the certified Local Coastal Program of the City of Encinitas; 2) that the potential adverse impacts associated with the project will be eliminated or reduced to a level of insignificance with implementation of the required mitigation measures and there is no feasible alternative available which would substantially lessen any significant adverse impact associated with the project; and 3) the providing of public access or recreational facilities is not feasible or appropriate for the project. cd/DL /SR97192.PC1 (10/15/97)9 OCT -29 -1997 THU 16 :44 ID:COASTAL COMMISSION TEL:619S21 9672 P102 STATE OF OAUFONN:A —TN[ IIESONIICES A06NOY • � �fT� MINSON, Oswrr►o► CALIFORNIA COASTAL COMMISSION SAN OIE00 AREA $111 OAW W OIL RIO NORTH, SUITE 200 SAN 01500. OA 62104-1725 (S1S) sa1.5oae October 23, 1997 City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 Attn: Diane Langager Re: Proposed Storm Drain Rehabilitation Project -1470 Neptune Avenue Encinitas Case #97 -192 CDP/EIA Dear Ms. Langager. First of all, I want to apologize for the lateness of these comments. However, this is provided as a follow -up to our previous letter regarding the above cited project. Due to concerns raised in our previous comments, the City's geotechnical consultant for the project provided several responses. While the geotechnical consultant's letter does address some of our concerns, it does not adequately address alternatives to the project. Although, the geotechnical consultant did indicate that several pipe installation methods were looked at, there is no information on specific project alternatives that address other methods to convey the storm runoff other than a pipe down the face of the bluff. As such, this should be addressed. In addition, pursuant to Section 30.34.020(D) of the City's certified Implementation Plan, any geotechnical review for new development proposals must certify, among other things, that the development will be reasonable safe from failure and erosion over its lifetime without having to propose any shore or bluff stabilization to protect the structure in the future. While the City's geotechnical consultant states that shore protection was not recommended as part of this project, they did not specifically address the need, if any, for shore protection in the future. Again, this should be specifically addressed. If you have any questions, please give me a call. Sincerely, McEachern Coastal Planner �atowMem2.eoo) _,: MTE OF CALIFORNIA - PETE WILSON, Goviamor Governor's Office of Planning and Research 1400 tenth Street Sacramento, CA 95814 ^ {S ��- October 22, 1997 j �J' DIANE LANGAGER .?> CITY OF ENCINITAS 505 SO. VULCAN AVE. ENCINITAS, CA 92024 Subject: CASE NO. 97 -192 CDP /EIA SCH #: 97091063 Dear DIANE LANGAGER: The State Clearinghouse submitted the above named environmental document to selected state agencies for review. The review period is closed and none of the state agencies have comments. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call at (916) 445 -0613 if you have any questions regarding the environmental review process. When contacting the Clearinghouse in this matter, please use the eight -digit State Clearinghouse number so that we may respond promptly. Sincerely, ANTERO A. RIVASPLAT Chief, State Clearinghouse Notice of Completion Appendix F ". UTLft— Mad to: Suet Cleanngtqust. 1400 Tenth Street. emo, CA 95814 916/445 -0613 SCH 09709 g Project Tltb: _ �( LZ E l Can Person} Lead Agency: � Surat Addror. ) L k\ L phone 1 City: v 1 r, r }rc ti zip: �LZ-? ;L Ceunty - s„ r /_� n - -------------------------------------- Project Location CiryMearea Community: County: / ' � C "S}' t �} t Z.%''7 ` 5 7 - - __ Toil Acres: Cross Strau:l.LLd� ` ' , Assessors Pared No. Section Twp. Range: Base: Within 2 Miles: State Hwy k: x=e; Waterways: Auporu; �- Railways: Schoo '� <r ''// ✓ -------------------------- - Document Type CEOA: ❑ NOP ❑ Supplement/Subsequent NEPA: ❑ NOt Other: ❑ Joint Document ❑ Earl Cons ❑ EIR (Prior SCH No.) ❑ EA ❑ Find Document eg Dec ❑ Other ❑ Draft EIS ❑ Other ❑ Draft EIR ❑ FONSI Local Action Type ❑ General Plan Update ❑ Specific Plan ❑ Rezone ❑ Annexation ❑ General Plan Amendment ❑ Master Plan ❑ Prezone ❑ Redevelopment ❑ General Plan Element ❑ Planned Unit Development ❑ Use Permit a ft sual Permit ❑ Community Plan ❑ Site Plan ❑ Lased Division (Su vision, ❑ Other Parcel Map, r Map, etc.) j4tr- - - - - -- -- Development Type SS lC '9n C3 Residential: Uniu Acres ❑ %Qk9l aeslities:' +YPe Office: Sq t. Acres Employees ❑ Trsnspoj - Type ❑ CommereiaL• Sgft. Acres Employees ❑ Mining: f Mineral ❑ Industrial: Sq,R• Acres Employees ❑ Power. Type Want [3 Educationist (3 Waste Treatment Type Recreation C3 ❑ /j /P� — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — --- ------ p Issues Discussed in Document , [3 Flood PlainiTlooding ❑ Schools/Universitics CD W ater S all /Groundwater 71 Agricultural Land ❑ F Land/Fire Hazard ❑ Septic Systems upP Y C) Air Quality eobgic/Seismic ❑ Sewer Capacity ❑ Wetland/Riparian j�...g./Abscirpilto im � lorical C3 Minerals oil Erosion)Compaetion/Grading [3 Wildlife Zone D Noise C3 Solid Waste CD Growth Inducing ❑ Populatbn/Housing Balance ❑ Toxic/liazardous ❑Canalise ❑ Economic/Jobs ❑ Public Services/Facilities ❑ TyFCic/Circulation ❑ Cumulative Effects ❑ Fiscal ❑ Recmatiott/Parks Q'Vegeuauon ❑ Oth --err7 r� --- - - - - -- - -- - - -- � _ (j/ - - - LLH'r /�.-� ✓r'�/67f -;;;; j -- Present Land Use/Zoning/General Plan Use �� - - - - -- - - - - - - - - - - - - - Project Description /� State Clearinghouse Contact: Mr. Chris Belsky Project Sent to the following State Agencies (916) 445 -0613 X Resources State /Consumer Svcs State Review Began: Boating _ General Services Coastal Comm Cal/EPA Dept. Review to Agency �Q- Coastal Consv ARB /� I Colorado Rvr Bd CA Waste Mgmt Bd Agency Rev to SCH _ Conservation r SWRCB: Grants : X Fish & Game # J SWRCB: Delta SCH COMPLIANCE 1 - _ Delta Protection _ Forestry JW SWRCB: Wtr Quality Parks & Rec/OHP SWRCB: Wtr Rights Please note SCH Number on all Comments _ reclamation X Reg. WQCB k _ BCDC _ DTSC /CTC 970910 53 DWR Please forward late comments directly to the OES Yth /Adlt Corrections Lead Agency Bus Transp Hous _ Corrections _ Aeronautics Independent Comm CHP y Energy Comm AQMD /APCD - k7(Resources: . _ . _ . 7 - / �L 7 _X Caltrans p _ — JTNAHC Trans Planning PUC _ Housing & Devel Santa Mn Mms Health & Welfare X State Lands Comm _ Drinking H2O + Tahoe Rgl Plan _ Medical Waste _ Other: t September 24, 1997 Mr. Lee McEachern California Coastal Commission San Diego Coast Area 3111 Camino Del Rio North, Suite 200 San Diego, CA 92108 -1725 Re.: 1470 Neptune Avenue Public Stormdrain Dear Lee: You have expressed a concern regarding the plans for the rehabilitation of the drainage structures at 1470 Neptune. Specifically you expressed a concern for the type of support proposed in the plans which has been approved by the City. These plans call for a spread footing design with an embedded depth of 5 feet. If a round pier type footing were to be substituted for the flat pier design, you would have a smaller footing necessitating a larger number of piers, approximately doubling of the number. This increased number of points of disturbance to the bluff is likely to be more intrusive than the design presented. To avoid the structure from touching the bluff, a suspension cable anchored at the top and toe of the bluff with the pipe suspended from the cable. While such an alternative would be less intrusive to the face of the bluff, it could result in excessive forces at the top of the bluff. A high maintenance would be necessary, and the risk of failure of the system would be high. As far as the "do nothing" mode is concerned, that cannot be a solution, since the Court already has said that the pipe must be functional and fixed. The drainage was getting to the beach before, and there is no change to the volume or location of outfall. The City of Encinitas believe that the presented design will serve as a reasonable solution to a problem that needs immediate attention, specifically when a new rainy season approaches. Please approve the submittal such that we can secure the bluff before more damage occurs. Sincerely yours Hans Carl Jensen Subdivision Engineer - Cityof Encinitas September 20, 1997 State Clearinghouse Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 SUBJECT: Case Number: 97 -192 CDP /EIA Description: Coastal Development Permit and Environmental Initial Assessment request to authorize the construction of a public storm drain on the top and face of the coastal bluff. Location: 1470 Neptune Avenue Applicant: City of Encinitas and James & Sandra Nicodemus To Whom it Concerns: Enclosed please find the notice of Completion for a Mitigated Negative Declaration along with the Initial Study for the proposed project, prepared in accordance with the California Environmental Quality Act (CEQA) and the City of Encinitas Guidelines for Implementing CEQA. This letter initiates the review process of the City's proposed Mitigated Negative Declaration and Initial Study. Any comments you may wish to make should be forwarded to the City of Encinitas prior to 5:00 p.m. thirty (30) days after distribution of this document. Should you have any questions, please contact me at (760) 633 -2714, 505 So. Vulcan Avenue, Encinitas, CA 92024. Sincerely, Diane S. Langager Associate Planner Encls: Dlf: 97 -039 (9/20/97) nuc. : - Mli.i _ .- �l -; , recycled paper • Notice of Complet Append See NOTEoerow Mail to: State Clearinghouse, 1400 Tenth Street, Sacramento, CA 95814 916/44 -0613 SCH # Project Title: L a b e Vo 7 f `� C f /T, Lead Agency: Con n. test Perso U Phone Street Address:. i -L N / G City: T= tnGlht �S Zip: -------- County. Project Location ' County: Ciry/Ncare t Community: t. ,fie "��' g Cross Stree t/r� d 5f • Total Acres: ts. - - Assessoi s Parcel No. Section: Twp. Range: Base: Within 2 Miles: State Hwy Waterways: Airports: - Railways: t< Schools - - -� 4e Document Type CEOA: ❑ NOP ❑ SuppiemendSubsequent NEPA: [3 EA Other: ❑ Final Document ❑ Earl Coro ❑ EIR (Prior SCH No.) ❑ EA Final Document eg Dec ❑ Other ❑ Draft EIS ❑Other ❑ Draft 1� ❑ FONSI Local Action Type ❑ General Plan Update ❑ SpociGc Plan ❑ Rezone ❑ Annexation ❑ General Plan Amendment ❑ Muter Plan ❑ Prezone ❑ Redevelopment ❑ General Plan Element ❑ Planned Unit Development ❑ Use Permit 2 6eMta1 Permit ❑ Community Plan ❑ Site Plan ❑ Land Division (Subdivision, ❑ Other Parcel Map, Tract Map, eta) Development Type C3 Water Facilities: Typc MGD C3 Residential: Units Acres ❑ Office: Sq�t. Acres Employees ❑ Transportauon. Type 71 Commercial: Sq. t. Acres Employees ❑ Mining: Mineral Watts ❑ Industrial: Sgft. Acres Employees ❑Power Type ❑Waste Treatment Type [3 Educational ❑ Recreational ❑ H us Wre, T %per then, Project issues Discussed in Document !- - A - thetic/Visual ❑ Flood Plain/Flooding ❑ Schools/Universities ❑ W ualiry r7 Agricultural Land ❑ Fo Land/Fire Hazard ❑ Septic Systems ater Supply /Groundwater [] Air Quality Geologic /Seismic ❑ Quality Capacity [3 n Wetland/Ripaan A L] ological/Historical ❑ Minerals oil Erosion/Compaction/Grading ❑ Wildlife 2't Pw Zone D Noise ❑ Solid Waste ❑ Growth Inducing . ainage /Absorption ❑ Population/Housing Balance ❑ Toxic/Hazardous ❑ Landuse ❑ Economic /Fobs ❑ Public Services/Facilities ❑ T tc/Circuiation ❑ Cumulative Effects ❑ Other Fiscal ❑ Reeation/PaRecreation/Parks egeta Recreation/Parks - -- -` -- v — f�S /��H�1 _ j -- Present Land UselZoninel/General Plan Use �e- o/�le. --( J - - - - -- ------- - - - - -- Project Description /�/►'ti '-r�' GC"ti --� Q u ze ' oo- ,VOTE: Clearinghouse will assign identi fication num bcrs for all new projects . I f a S CH number already exists for a project (e.g. from a Notice of Preparat: or previous draft document) please fill it in. Revised October 1 S Reviewing Agencies secklist KEY Resources Agency S = Document sent by lead agency Boa g & Waterways X = Document sent by SCH oastal Commission d = Suggested distribution Coastal Conservancy Colorado River Board Environmental Affairs Conservation Fish &Game Air Resources Board Forestry APCD /AQMD Oft Historic Preservation California Waste Management Board SWRCB: Clean Water Grants arks & Recreation Reclamation SWRCB: Delta Unit SWRCB: Water Quality S.F. Bay Conservation &Development Commission CB: Water Rights Water Resources (DWR) Regional WQCB # Business, Transportation &Housing Youth & Adult Corrections Aeronautics Corrections California Highway Patrol CALTRANS District # Independent Commissions & Offices Department of Transportation Energy Commission p spot•tation Planning (headquarters) Housing & Community Development Native American Heritage Commission Public Utilities Commission Food &Agriculture Seta Monica Mountains Conservancy Health &Welfare ✓ Start Lands Commission Health Services Tahoe Regional Planning Agency State & Consumer Services General Services Other OLA (Schools) ----------------------------------------- Public Review Period (to be filled in by lead agency) Starting Date ��m��`7``7 r �'�1� ��97 Ending Date SiLnatu Da 97 Lead Agency (Complete it applicable): For SCH Use Only: Consulting Firm: Address: ii, L Date Received at SCH City /State/Zip: l Date Review Starts j Contact: _f�1 CrCl L/ g�m / h q u F� ' Date to Agencies Phone: d, 74 0S7n Date to SCH Clearance Date n "' t �S sores: Applicant: C%y �s�! h �•tL� Cf1�SinP Address: I/ci Leal" t �..► ( City;Statc/Zip: _ �j��';n, � Phone: ( 3 .2 Revised October 1989 I CITY OF ENCINITAS DETERMINATION BASED ON INITIAL STUDY Name of Project: Neptune Storm Drain Rehabilitation; Case Number 97 -192 CDP. Location: 1470 Neptune Avenue, Leucadia Community, Encinitas, California. }} .Suvy%e_s f 5av c4, AA ca4e.# + u Q Entity or Person Undertaking Project: Engineering Services City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 Staff Determination: The City of Encinitas staff, having undertaken and completed an Initial Study of this project in accordance with the City's CEQA Guidelines for the purpose of determining whether the proposed project might have a significant effect on the environment, has reached the following conclusion: 1. The project could not have a significant effect on the environment; therefore, a NEGATIVE DECLARATION will be prepared. X 2. The project could not have a significant effect on the environment, due to mitigation measures accepted by the applicant which include: The aboveground portion of the storm drain pipe and fittings shall be painted a color resembling the exposed light brown to reddish brown bluff sands. Areas on the bluff face disturbed by storm drain pipe instalation and other areas supporting no vegetation shall be landscaped with plants started by seed sown in the fall and not irrigated. The plant mix shall consist of, if available as seed, Artemisia californica (California Sagebrush), Encelia californica (California Encelia), Eriogonum fasciculatum (Flat -top Buckwheat), Eriogonum parvifolium (Bluff Buckwheat), Lotus scoparius (California Deerweed), Lycium californicum (Desert Thorn), Coreopsis maritima (Sea Dahlia) , Iscoma veneta (Bonny Doone) , Limonium sinuatum (Sea Lavender) , Agave shawii (Mague) Opuntia littoralis (Prickly Pear) , and Bromus spp. (Brome) or Fescue spp. (Fescue). 3. The project could have a significant effect on the environment; therefore, an ENVIRONMENTAL IMPACT REPORT will be prepared. 4� c \,ff, �_-s & Date City of Encinitas ENVIRONMENTAL INITIAL STUDY CHECKLIST FORM Project Information 1. Project Title: Neptune Storm Drain Rehabilitation; Case Number 97 -192 CDP. 2. Lead Agency and Address: City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 3. Contact Person and Phone Number: Diane S. Langager Associate Planner 760 633 -2714 4. Project Location: 1470 Neptune Avenue, Leucadia Community, Encinitas, California (see map). 5. Project Sponsor's Name and Address: Engineering Services City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 6. General Plan Designation: 7. Zoning: Residential 8.01 -11.0 Units /Acre Residential 11 (R -11) 8. Description of Project: Removal of approximately 30 linear feet of 12 inch corrugated metal pipe (buried) and 97 linear feet of 18 inch corrugated metal pipe (buried) and replacement with approximately 189 linear feet of 18 inch corrugated aluminum pipe (119 if buried;70 if at grade) with pipe piers and anchors, and grated inlet (see plans). The existing pipe has ruptured resulting in erosion of the coastal bluff face. 9. Surrounding. Land Uses and Setting: The project site is a coastal bluff top, bluff face, and sea cliff supporting a bluff top single story, single family dwelling. The surrounding bluff top neighborhood to the north, south, and east is entirely developed with one and two story, single family dwellings. Leucadia (Grandview) Beach lies below to the west with the Pacific Ocean beyond. 2 10. Other agencies whose approval is required and permits needed: California Regional Water Quality Control Board; storm water discharge permit. Environmental Factors Potentially Affected The environmental factors listed below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigation Incorporated" as indicated by the checklist on the following pages. Geological Problems Aesthetics Evaluation of Environmental Impacts A brief explanation is provided for all checklist answers supported by information sources cited in the parentheses following each question. References are listed following the checklist. All answers take account of the whole action involved including - onsite as well as offsite, project as well as cumulative, direct as well as indirect, and construction as well as operational impacts. A "No Impact" answer is appropriate if referenced sources show that the impact simply does not apply to the project. "Less Than Significant Impact" describes an applicable effect which does not cross the threshold of significance. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more of such impacts when the determination is made an EIR is required. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." Associated mitigation measures are described in bold type in the checklist. No earlier analysis in the form of a Negative Declaration, project EIR, program EIR, master EIR, tiering, or other CEQA process is used pursuant to CEQA Guidelines (California Code of Regulations, 3 • • Title 14, Division 6). Earlier analysis (analyses) is (are) discussed in Section XVII at the end of the checklist. Determination On the basis of this initial evaluation: I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described in the following checklist have been added to the project. 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H A yl v J v r- r-1 > r7 m i~ 04 - H H ro rd O p, ri m •r1 4) pG v -1 m -ri 01 m v ro v v 4) a r1 -ri JJ P4 O - H U }J 4 O 4 O U 7 0 r. f� 4> G> 4 ro v 4 g w L] H m4-) V) 41 4J -H M +J E1 4) H v N 0 (d 4) a 4J -ri 4J J.) 1) 4J 0) Cd H v " v 4J CO U • U +J $ 1-1 Q', - a 1 fi a W ro .0 .i f - •• 1 U U 0 a.. -r1 U to b v m v 0 rd m> m w C 0 m m m 0 m (d >, z m v v 0 0 o r) .i ro •r1 p H n v -n rd v v 1. ri O v v - •a v 1 v -H ra H - n •n A 0 H� 4 1d H 0 -H 0 H x 0 v v v U N 0 a 0 0 0 J-) 4-) H v o 0 11 w - 0 -ri 4 H 4J H 0 0 im 44 m H v Q a] � Q C U X 04 .� W H r 4) N U W H z LO 0 (y�y7 a 4 a 4 m C -- � a O Ei v 9; -- 41 U _ In 4 it E'' W W r� A H U H W (d A ro co W U O 1 A m M N LO A U O 0 � C to A U a 3 p `LO d A U 15 Information Sources The following information sources were consulted and are referenced for this initial study. (1) City of Encinitas, 1989 updated. "Encinitas General Plan Program Land Use Policy Map" and "Encinitas Zoning Map." Blackline /Blueline maps prepared for the City of Encinitas, Encinitas California. (2) City of Encinitas, 1989 updated. Encinitas General Plan City of Encinitas: Encinitas, California. (3) California Regional Water Quality Control Board, San Diego Region, 1995. "Tentative Order No. 95 -76 (NPDES Permit No. CA0108758) Waste Discharge Requirements for Storm Water and Urban Runoff from the County of San Diego, the Incorporated Cities of San Diego County, and the San Diego Unified Port District." Draft waste discharge requirements prepared for the California Regional Water Quality Control Board, San Diego Region, San Diego, California. (4) GEOPACIFICA, 1997. "Soils and Geologic Investigation, Neptune Project Storm Drain Rehabilitation, 1470 Neptune Avenue, Encinitas, California. Report prepared for City of Encinitas, Encinitas, California. (5) Masson & Associates, 1997. "Storm Drain Rehabilitation, 1470 Neptune Avenue." Blueline plans prepared for the City of Encinitas, Encinitas, California. (6) Curtis Scott Englehorn and Associates, 1997. Inspection of Neptune Avenue drainage rehabilitation site and vicinity for City of Encinitas, Encinitas, California. Mitigation Monitoring and Reporting Program The following mitigation measure shall be completed and incorporated into final plans and construction documents as appropriate to the satisfaction of the City Engineer. The aboveground portion of the storm drain pipe and fittings shall be painted a color resembling the exposed light brown to reddish brown bluff sands. Areas on the bluff face disturbed by storm drain pipe installation and other areas supporting no vegetation shall be landscaped with plants started by seed sown in the fall and not irrigated. The plant mix shall consist of, if available as seed, Artemisia 16 californica (California Sagebrush) , Encelia californica (California Encelia) , Eriogonum fasciculatum (Flat -top Buckwheat) , Eriogonum parvifolium (Bluff Buckwheat), Lotus scoparius (California Deerweed), Lycium californicum (Desert Thorn), Coreopsis maritima (Sea Dahlia), Iscoma veneta (Bonny Doone), Limonium sinuatum (Sea Lavender) , Agave shawii (Mague) Opuntia littoralis (Prickly Pear) , and Bromus spp. (Brome) or Fescue spp. (Fescue). 17 ' STATE �; CALIFORNIA -THE RESOURCES AGENCY �LSON, Governor CALIFORNIA COASTAL COMMN SION SAN DIEGO AREA 3111 CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO, CA 92108 -1725 (819) 521.8038 „ September 15, 1997 City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 Attn: Diane Langager Re: Proposed Storm Drain Rehabilitation Project - 1470 Neptune Avenue Encinitas Case #97 -192 CDP/EIA Dear Ms. Langager: Commission staff has reviewed the information submitted regarding the above cited proposal. It is our understanding that the project involves replacing an existing storm drain pipe on the bluff face that has previously failed. Based on the submitted plans, the new 18" diameter pipe will extend from Neptune Avenue to the bluff edge and then extend down the bluff supported by six concrete piers to be placed in the face of the bluff. As proposed, the new drain pipe will terminate at the western property line close to the base of the bluff. Because the development occurs on the top and face of the coastal bluff, the project is entirely within the City's coastal development permit jurisdiction. However, because the project site is between the first public road and the Pacific Ocean, the City's decision on the coastal development permit is appealable to the Commission. Relative to specific concerns raised by the project, Commission staff has identified a couple at this time. First, both the submitted reports indicate that the bluff at this location is experiencing on- going erosion and bluff retreat and will progressively fail unless corrected. The reports further recommend some form of shore protection to address the concern. Given these statements, can the proposed storm drain be designed to be safe from the effects of coastal erosion and potential bluff failure? Further, the soils and geologic evaluations submitted for the project do not address the effects, if any, of the project construction of the on the stability of the bluff. This should be specifically addressed. In addition, based on review of the submitted plans, the proposed drain pipe will terminate near the base of the bluff at approximately the 8 ft. elevational contour. However, the application material submitted does not address what affect, if any, runoff from the drain pipe will have on erosion of the bluff and beach or if any type of energy Diane Langager • September 15, 1997 Page 2 dissipation is necessary or warranted. As such, this should be addressed. Finally, other alternatives to the proposed drain pipe on the bluff face should also be addressed. These comments are based on the information provided at this time. If you have any questions, please give me a call. Sincerely, Lee McEachern Coastal Planner (dio:btrmam.doe) STATE OF CALIFORNIA THE RESOURCES AGENCY ANk Aew PETE WILSON, Govemor CALIFORNIA COASTAL COMA I SION SAN DIEGO COAST AREA ..� 3111 CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO, CA 92106 -1725 (619) 521 -6036 NOTIFICATION OF APPEAL PERIOD DATE: November 12, 1997 TO: City Of Encinitas Attn: Mr. Hans Jesen 505 South Vulcan Avene Encinitas, CA 92024 FROM: Lee McEachern, Coastal Program Analyst RE: Application No. 6- ENC -97 -189 Please be advised that on November 10, 1997 our office received notice of local action on the coastal development permit described below: Local Permit #: 97 -192 CDP /EIA Applicant(s): City Of Encinitas, Attn: Mr. Hans Jesen; Mr. & Mrs. James Nicodemus Description: Construction of a public storm drain pipe on the top and face of the coastal bluff to replace existing damaged pipe. Location: 1470 Neptune Avenue, Encinitas (San Diego County) (APN(s) 254 -210- 01) Unless an appeal is filed with the Coastal Commission, the action will become final at the end of the Commission appeal period. The appeal period will end at 5:00 PM on November 25, 1997. Our office will notify you if an appeal is filed. If you have any questions, please contact me at the address and telephone number shown above. dt CALIFORNIA COASTAL COMMISSION From: Diane Langager To: hjensen Date: 11/10/97 10:28am Subject: Nicodemus Storm Drain Pipe /Case No. 97 -192 CDP /EIA Hans: This is to inform you that the City's appeal period for the subject project concluded on Fri. (11/7) at 4:30 PM. No appeal was submitted. A Final Notice of Action was sent to the Coastal Commission in the Fri. evening mail. Upon receipt of the Notice an appeal period will be established by Coastal. If no appeals are made, upon completion of the Coastal appeal period you may proceed with the project. Please touch bases with me to coordinate completion of the conditions of approval. Thanks! Diane CC: jbenson, jschwarm,sholder, bweedman p � CITY OF ENCINITAS DISCRETIONARY PERMIT APPLICATION COMMUNITY DEVELOPMENT DEPARTMENT 505 South Vulcan Avenue Application No `.� Encinitas, California 92024 Date of Application: (760) 633 -2722 Community Area DEPARTMENT USE ONLY APPLICATION TYPE (check all that apply) Finance # Code Amount ❑ Annexation ....... : .............................. :............................................... ❑ Appeal ............................................................ ............................... �j Coastal Development Permit .......................... ............................... Exempt Regular permit Appeal Zone? Y N Cat. excluded CCC permit ❑ Conditional Use Permit ( Major) ....................... ............................... ❑ Design Review (Planning Commission) ............ ............................... ❑ Environmental Submittal (EIA/Neg. Dec / EIRE ............................... ❑ General Plan Amendment ................................ ............................... ❑ General Plan Interpretation ............................. ............................... ❑ Specific Plan ................................................... ............................... ❑ Tentative Map ................................................. ............................... ❑ Variance ( Major� ............................................. ............................... ❑ Zoning Amendment .......................................... ............................... ❑ Zoning Code Interpretation ............................. ............................... Total Paid: Please complete the following: Project Name: N 7d Project Address: / t-/ 7 D N �` P'T N Tf RA APN: 2 -5 - Y 2 / d Between And V Pi T fL (Street) (Street) APPLICANT Name: C I D F' r2 Am-1 N 1 7 4S Phone: 77L (Last, First, Middle Initial or Firm Name) Address: -5_0 _'�;_ V U LL 4-t V'I City 6LAc- I L^ I +C;"S State Zip OWNER(S) '" / 06 Name: /VICE t0 (�MV�, J 4 M 65 � s � 1U � RA Phone: W (� (Last, First, Middle Initial or Firm Name) Address: /`/70 Ng l� Ne City IgArc ! N I "f-,4 S State C l/ Zip 9 2 2 y CD/ddcJiAbaptDISCAPP -DOC (5/5/97) ENGINEER/ ARCHITECT Name: M /4SS oN S' IC 5 soy • Phone: �Yl -3S7d (Last, First, Middle Initial or Firm Name) Address: 20 0 5. WAS �1t0�/G7 - 4 N So'�20a� ��coiypr pa City /5SG0Aj0) D o State C' zip g2o2� "PLEASE ATTACH A DESCRIPTION OF THE PROPOSED USE / PROJECT TO THIS APPLICATION. Have you had a pre - application meeting? Yes ❑ No If yes, name of planner: Q l A A- t-.-0)6 46.02 Has construction or use of the property for which this permit is requested started? ❑ Yes No If yes, explain: I am able and intend to proceed with actual construction work and /or division of land in accordance with plans submitted herein within 2100/V�S months after approval. I acknowledge that an application for a tentative map or tentative parcel map is not deemed received pursuant to Government Code 65920 et seq. until environmental review is complete. All other application types are not deemed received until responses from interested agencies are received by the City. I understand that if the project or any alternatives are located on a site which is included on any of the Hazardous Waste and Substances lists compiled by the Secretary for Environmental Protection pursuant to Section 65962.5 of the Government Code, then a Hazardous Waste and Substances Statement must be submitted with this application. (Information that must be included in this statement can be obtained from the Community Development Department.) I further understand that all fees and deposits submitted with this application will be refunded only as provided for by the ordinances and regulations in effect at the time of the request. /�- '� J2 e, .6 - 0- 1 .- /' VQs- - 5 - 7 Signature, Own or Authoriz d Agent (Attach letter of authorization) Date CD /dddf:%&PtDISCAPP.DOC (5/5/97) t r � • COMMUNITY DEVELOPMENT DEPARTMENT ADMINISTRATIVE / DISCRETIONARY PERMIT APPLICATION CHECKLIST CASE NO: APPLICANT: APPLICATION TYPE: This checklist is intended to assist you in preparing your application. Note that the symbols in the right -hand column correspond to materials found in the attached application packet. Items marked with a (✓) below may not apply to your specific project and thus may be waived. We recommend that you meet with Community Development Department staff to discuss the application materials required for your project. Rec'd Needed- NIA 1. Application Cover Sheets (2 pages): ❑ ❑ ❑ a. Discretionary Application, or ❑ ❑ 16 b. Administrative Application ❑ ❑ ❑ 2. Application Supplement ( ✓) ❑ ❑ p 3. Evidence of Legal Parcel ❑ ®- ❑ 4. Grant Deed ❑ ❑ ❑ 5. Disclosure Statement ❑ ❑ ❑ 6. Preliminary Title Report ( ✓) 7. Ten sets of the following plans (Note: only six copies required for Administrative Applications): ❑ ❑ 0 a. Tentative Maps (see Tentative Map Supplement for required elements) ❑ 8 ❑ b. Site Plan ❑ ❑ ® c. Floor Plan ❑ ❑ ❑ d. Elevations ❑ ❑ 9 e. Landscape Plan ❑ ❑ U f. Sign Plan ❑ ❑ ® 8. Colored elevations: one rolled, complete set (OX to substitute photos) ( ✓) ❑ ❑ a 9. Project materials /color board (O.K. to substitute 8 x 11" brochures and /or photos) ( ✓) ❑ ❑ la 10. Color photos of site and adjoining properties (8 x 11" max.) ❑ a ❑ 11. Application for Environmental Review (AEIS) ( ✓) ❑ ❑ Al 12. Deposit/Fee 13. Public Notice Package (refer to instructions) ❑ ❑ ❑ a. 11" x 17" assessor maps ❑ ❑ ❑ b. Property owner list ❑ ❑ ❑ c. Pre - addressed envelopes, including applicant, consultantirepresentative, and property owner. a 1 for Administrative applications No. of sets required: ❑ 2 for Planning Commission review ❑ ❑ ❑ d. Gummed labels, including applicant, consultant/representative, and property owner No. of sets required: Imo- 1 for Administrative applications ❑ 2 for Planning Commission review ❑ ❑ ❑ e. Vicinity map showing location of subject site ❑ ❑ ❑ 14. Statement of Justification / Findings ❑ ❑ ❑ 15. Letter of Authorization ❑ ❑ ❑ 16. Other: CD /ddc/l:%BAP nCHKLST. DOC(5 /2/97) REQUIRED PLAN ELEMENTS A vital part of any application package is a properly drawn, complete set of plans. Please read through this checklist carefully. Unless otherwise indicated, you must provide all of the following information on each set of plans submitted. You will need to prepare 6 sets of plans if you are submitting an Administrative Application (Form A -2), or 10 sets if you are submitting a Discretionary Application (Form A -1). All plans must be accurately scaled and dimensioned. PLEASENOTE. BOTH THE STATE OF CALIFORNIA AND THE CITY OF ENCINITAS HAVE LEGAL REQUIREMENTS FOR WHO MAY PREPARE DEVELOPMENT AND LANDSCAPE PLANS. ALL APPLICATIONS MUST INCLUDE THE NAME SIGNATURES AND PROFESSIONAL LICENSE OR REGISTRATION NUMBERS OF THE PREPARERS (SEE FRONT SHEET OF THIS APPLICATION FORM). CHECK WITH CITY STAFF FOR WHO MAY PREPARE PLANS. Needed .WA Rem_,..r4.< ❑ ❑ A. Site Plan The site plan shall indicate: ❑ ❑ 1. All exterior site boundaries, correctly scaled and dimensioned. ❑ ❑ 2. Location of buildings and structures both existing and proposed, relative to each other and to site boundaries. Indicate extensions of rooflines beyond building walls. ❑ ❑ 3. Location of off - street parking and loading facilities, and their dimensions. ❑ ❑ 4. Location and dimensions of all driveways, access roads, and curb cuts, indicating the type of construction material. ❑ ❑ 5. Location and dimensions of present and proposed street and highway dedications required to handle the traffic generated by the proposed uses. ❑ ❑ 6. Location of walls, fences and hedges, and the indication of their height and type of construction materials. ❑ ❑ 7. Location of refuse collection/enclosures and an indication of the height and type of construction materials. ❑ ❑ 8. Location and type of significant vegetation and indicate whether they will remain or be removed. ❑ ❑ 9. Locations and calculations of areas proposed to satisfy landscaping requirements, an d landscaping required for parking areas. ❑ ❑ 10. Location and dimensions of easements. ❑ ❑ 11. Location of nearest buildings adjacent to the project site. ❑ ❑ 12. Location and dimensions of significant waterways, flood plains and/or other topographical features. ❑ ❑ B. Lighting Plan The lighting plan shall indicate exterior lighting standards and devices. The plan shall be adequate to review possible hazards and disturbances to the public and adjacent properties. ❑ ❑ C. Sign Program (if signage is to be provided). The sign program shall indicate: ❑ ❑ 1. Location and size of existing and proposed exterior signs and outdoor advertising. ❑ ❑ 2. The nature of temporary or seasonal on -site advertising. C D /ddcA:1BAPTIPLANELEM. DOQ5 /5/97) Needed N/A Item ❑ ❑ D. Preliminary landscape and irrigation plans showing landscaping, paving and other hardscape and irrigation. Such plans shall clearly indicate: ❑ ❑ 1. Plant schedule on the plans indicatingthe botanical and common name of all plants and the size and location of each plant. The landscape plan shall indicate which plants are proposed to be planted new and which are existing on site, proposed to be retained. ❑ ❑ 2. Approximate location of all irrigation lines and heads. ❑ ❑ 3. Trails, walks, fences, walls (freestanding and retaining walls shall be differentiated). ❑ ❑ 4. Parkway planting and irrigation, including street trees. ❑ ❑ 5. Areas paved for parking or driving, differentiated from areas intended for landscape planting or hardscape. O ❑ 6. Calculation of site area devoted to landscaping and percentage of parking lot area devoted to landscaping. ❑ ❑ 7. A scale of no less than 1 " = 100' shall be used for all landscape and irrigation plans. ❑ ❑ E. Elevations Elevation plans are not to be conceptual, and must accurately show proposed finished building appearance, consistent with site plans and floor plans. Provide elevations of all exterior building walls including courtyard elevations. Elevations shall indicate: ❑ ❑ 1. Building materials and colors; (samples of building materials and colors should also be submitted; i.e., color chips). ❑ ❑ 2. The height of buildings and structures and all applicable dimensions, from proposed finished exterior grades. ❑ O 3. Any exterior mechanical equipment along with any proposed screening of such. ❑ ❑ 4. Roof treatment. O ❑ 5. Window and door treatment. ❑ ❑ F. Floor Plans for each floor, denoting room type and interior configuration, accurately scaled and dimensioned. ❑ G. Architectural and Engineering Data Such other architectural and engineering data as maybe required to permit necessary findings that the provisions of this code are being complied with. ❑ ❑ H. Vicinity Map showing location of subject property on site plan. ❑ O I. Proposed Attachment or Addition to Existing Building. Where an attachmentor minor addition to an existing building or structure is proposed, the plan shall indicate the relationship of such proposal to the existing development. CD /ddcA:IBAPTIPLANELEM. DOg5 /5/97) 3 1 _PUBLIC_ S_TR_Ec i 60 WIDE ' 3' 175' FRONT YARD 3 2% Z 1 ' .IN 13RIVEWAY (�CNCRETE) Wtj 0 L w 3 EATERIOR INTERIOR Q Ln SIDE YARD i i o SIDE YARD a V 5.5' �> i i 04 i a- ' ' yn i REAR YARD �0' SDG 1So ASSESSORS' PARCEL NUMBER ---------- LEGAL DESCRIPTION PARCEL __ OF PARCEL MAP ZONING PROJECT DESCRIPTION SAMPLE - NOT FOR CONSTRUCTION PURPOSES 1' =3C SAMPLE SITE PLAN SAMPLE SITE ADDRESS APPLICATION SUPPLEMENT CITY OF ENCINITAS COMMUNITY DEVELOPMENT DEPARTMENT Design Review MUP /MIN TM/TPM Variance Other: OdAg754 Z 1. Project Description. (Describe proposed project. Describe what you are requesting). P-45-Pt aC& is "P RAi nJA &-c P, ptr n vt£ rL caAsg-�4z 6LUFr- r0rz CVGe_IC_ �RA�►v� a. building sq. ft. / " garage sq. ft. b. exterior material/color C. window material /color d. door material/color e. roof material /colo f. Landscaping Percentage g. Standards: DENSITY CODE REQUIREMENTS PROJECT Density Range 04 Mid -Range Net lot area Lot Width Cul-de -sac lot width Panhandle lot width Lot Depth Front Yard Setback Interior Side Yard Setback Exterior Side Yard Setback Rear Yard Setback Lot Coverage Building Height Off - Street Parking [ FAR CD 1ddcAAbapt8UPPLMNT. DOC (4/28197) CommunityArea Thomas Bros Pg 1 I�7 General Plan Designation No. State Coastal Zone? Yes ❑ No .Number of Proposed Residential Units: Attached Detached Number of Lots Acres: Gross Net Related Case ?: ❑ Yes ❑ No If yes, provide previous Case No. 2. Existing Conditions. (Describe the existing conditions of the site: i.e., topography, road /alley conditions, access, vegetation, structures, fencing, lot size, drainage and the like). "rz. PFL A) E 5 L t>F r - L O 7 w/ S F)e . 0 �.9 / UA-Cr- ff- /PI P9 r= ,a9L9D 1�rlzo o1 Al Pr fat L) FrFF: I°�'zo d-P2CT / rzo S:s US I A G- ('U ra t r C - w 4 2 AC S X 7 - 4 PI DS _ M /41e 11V "1F- AX V F - A Lf t, l n 4- P y 8 L i c- c2"-e-1 L 113 A4 4- ! Al T/@ JAJ rD /3' 077 . 3. Surrounding Conditions. (Describe the surrounding conditions: i.e., existing structures and relationship to project, # of units, lot sizes, vehicular access, topography, use type and the like). Q A D t =''- U 2A t ►.J,e ff- t5 43 IS A IF tAl l L L A) S TH hoc I S TIN 6 SF- UUJ. 1-L1Vo7 - 5 S t4 2iFD. CD/ddCAAbapt6UPPLMNT. DOC (4128/97) General Plan Zoning Existing Designation Designation Use Subject Parcel: / Q // S F 2 North: tz S S r— (2- South: 2 r / / $ e PC— East: 2 ) . 5 West: 13 r A-Cl-f 8 1z,9 C� 4. Project/parcel history. (Describe any past actions taken on this site or project or any other actions taken on development of the site.) 1 !IJ �d &J S v c d 6y OA) /CIVC ItvK s F,4 i� / Al / 9 9 N D /S-:'20 ©,< 0 7 d E l3LL) N );� I6H6e) 2 y"a T�4� -H O (Z7 - { 24uG Qbo iP7 4cTio D sT,4 i N Ko e- 9-r c fz o !;2 aeAi ti sT - v - PE C �-r tJ s u 0, .1 IE 67F R C-115L. X7' T IA TNT 2 I NA (& c- sir 2 U c7T A r:` CD /ddCAAbaPISUPPLMNT.DOC (4/28197 *5. Project Design. (Describe the design of the project and how it relates to the subject property and adjacent properties and uses). �} f d 0 )Z A I IV1� S- a 1( M I5- 0 CT o Al 7 IVe fa Tyf s ) P-C r iz w I t, t_ C-0 IV /V 77�-/ S T 2 u 01- R 9 . /yog' J n77 42-F r-A I i YUG t i � m.6- IV a 2 to us s &- *6. View Preservation. (Describe what views are being maintained on adjacent properties and those that may be impacted by this project.) NOTE: Items with an asterisk may not be appropriate for all applications. If you have questions regarding applicability to your project, please discuss with Planning Department staff. CD /ddCA:%&PtSUPPLMNT. DOC (4/28/97) NET ACREAGE CALCULATIONS . GROSS ACRES LESS: Dedication +/- Ac. Proposed Rd. +/- Ac. Private Streets +/- Ac. Significant Wetlands +/- Ac. Utility Easements +/- Ac. NET ACRES SLOPE DENSITY RANGE CALCULATION A. MAXIMUM RANGE: IV1i4 SLOPE ACRES DENSITY DWELLING UNITS 0-25% x D.U. = 25-40% .2 x D.U. = 40%+ - none Total D.U.'s B. MID - RANGE: SLOPE ACRES DENSITY DWELLING UNITS 0-25% x = 25-40% = 2 x = 40%+ - none Total D. U.'s CD/ddc/i:%apt6UPPLMNT.DOC (4/2gM7) Please Print or Type Signator's Name COMMUNITY DEVELOPMENT DEPARTMENT CITY OF ENCINITAS 505 South Vulcan Avenue Encinitas, California 92024 (760) 633 -2722 EVIDENCE OF LEGAL PARCEL .Applicant's Name % U OF fi QU Ci/ N 1 r2 � Telephone 4 3 3 2 - 77 G Mailing Address 0 S i) U G C-6'I City I�� G r N / TgS State C# Zip 9 2d 2y You are required to supply documentation that this property constitutes a legal parcel before the City can accept for filing any discretionary permits. This form and associated evidence will be reviewed by the Community Development Department upon submittal of your application. A request for a Certificate of Compliance must be filed concurrently with or in advance of this application if the evidence presented is insufficient to determine this parcel as being a legal lot or determination will require substantial time to research. If determined that the property is not a legal lot, no permit or other approval may be granted until corrective action has been completed. Fees and deposits submitted with this application will be refunded only as provided for by the ordinances and regulations in effect at the time of the request. Book 2 S Page 2 Parcel Signature of A licant Date od/ddc A:SAPT1LEGPARC. DOC(4/28/97) CITY OF ENCINITAS DISCLOSURE STATEMENT APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, PLANNING COMMISSION, AND ALL OTHER OFFICIAL BODIES. The following information must be disclosed: 1. List the names of all persons having a financial interest in the application. J At%A IGBVI;�,My_5 4 NVIZA 5. 9V I coo iw US List the names of all persons having any ownership interest in the property involved. J 1;-5 A- N SQIU PIZA 5 , N)L D i-Mus 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If any person identified pursuant to (1) above is a non -profit organization or a trust, list the names of any person serving as director of the non -profit organization as trustee or beneficiary or trustor of the trust. 4. Have you had more that $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees, and Council within the past twelve months? ❑ Yes ❑ No If yes, please indicate person(s). PERSON is defined as: "Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city, municipality, district or other political subdivision, or any group or combination acting as a unit." (NOTE: Attach additional pages as necessary.) Signature of Appl nt Date "Iy5 e, JV_NSey, Ty 0 I-",9A<1 N� -S Print or type name of applicant CD /ddc/1:%BAP11DISCLOSE. DOC(5 /5/97) CITY OF ENCINITAS COMMUNITY DEVELOPMENT DEPARTMENT PUBLIC NOTICE PACKAGE INFORMATION AND INSTRUCTIONS Applicants for projects requiring public hearings are responsible for providing up -to -date, accurate and complete public notification materials to the City. Any errors and /or omissions in the packet of noticing information may invalidate the public hearing and result in additional cost and delays to the applicant. Please follow the instructions below and submit to the Community Development Department along with your application. This information must be received before a project can be placed on an agenda for hearing by the Community Development Department, Planning Commission, and /or City Council. 1. On 11 x 17 inch assessor maps, draw a 300 foot radius from the subject property boundaries'. The subject property must be sufficiently highlighted and the radius drawn to scale. Identify each parcel within the 300' radius. Fi ure 1 (attached) is an example of such a map. 2. Compile mailing list on 8.5 x 11 inch paper. Figure 2 (attached) is an example of such a list. The mailing list will consist of the following: a) a current list of property owners of the parcels identified in Step 1 above. The list should include the Assessor Parcel Number (APN) and the owner name and mailing address for each parcel. Contact the County Assessor's Office for the most current listing for each parcel number; b) the name and address of the subject property owner and /or applicant's representative; d) the name and mailing address of any surrounding city and /or the County of San Diego, if property under their jurisdiction is within a 2400 -foot radius of the subject property There is a five -mile limitation on the distance for noticing large, regionally significant projects; e) for all applications within the coastal zone the name and mailing address for all occupants and residents within 100 feet from the property lines of the subject site, any and all other parties known by the applicant to have an interest in the proposed development, and the Coastal Commission's San Diego Office, 3111 Camino Del Rio No., Suite 200 San Diego, CA 92108 -1725. ' PLEASE NOTE If there is common area within the 300 -foot radius, please discuss your noticing requirements with staff as notices may need to be sent to everyone with ownership interest within that common area. If there are not at least twenty (20) individual property owners within the 300 -foot radius, the radius must be expanded to include at least twenty (20) individual property owners. The 300 -foot radius will be used in most cases. CD /ddc /I: \RAPT \PUBNOT.DOC(5 /5/97) 1' 3. Provide complete set(s) of pre- addressed, postage- stamped (not metered) legal -sized envelopes for each mailing list entry developed in Step 2. The number of sets required depends on the type of application you are filing: Application Type Review Authority Required sets of envelopes Administrative Applications CD Department 1 set Non - administrative Design Review, Standard Variance, Planning Commission 2 sets Major Use Permit, or Administrative Applications referred to PC Others: (Annexation, GPA, Zoning Change, Specific City Council 3 sets Plan) No envelopes with return addresses, business letterheads or postage meter stamps will be accepted. Due to the U.S. Postal Service's automated sorting equipment, the APN must appear at the top of the address as shown in Figure 2 .) 4. Provide two (2) sets of gummed labels on 8 1/2" x 11" sheets containing the names and mailing addresses of all those listed in Step 2. Each label should include the APN for parcels within the minimum radius. NOTE. For administrative applications, only one (1) set of labels needs to be provided. 5. Complete "Vicinity Map /Case Information Sheet" (attached). 6. Complete "Notice of the Filing of an Application" (attached. NOTE. This is not required for administrative applications. 7. Post the property with the notice material supplied by the City. The posted notice must be visible from the street side of the property and placed so that interested parties are able to read the notice. Fill out "Certification of Posting" (attached) and return to the Community Development Department. If you have any questions about the requirements as stated above, please call the Community Development Department at (760) 633 -2710. CD /ddc /I: \BAPT \PUBNOT.DOC(5 /5/97) FIGURE 1 � r I AI u 125 1] 1 2Q 2 r w 70 16 'Q µ5i= b SLUE HERON AVE. 12 4 1 2 7 L + J • MARK IDENTIFIES PARCEU WITHIN 300' RADIUS �1 571 41 I ~ I ,. �. ?AN • 1 iAtJOIE' LOT Mt I60 1! u7©. 00' ]!F A 3 RADIUS DRAWN WITH COMPASS 127 12 O ar 6 n �+ ! ...• ,d = .a. 140 O � M Q � 11 I >L 122 ` Z ► 11 129 © _ 1 1� . i Lois 0 30 '' as 121 � _J ��i O _I N • J 1 � 1 f ♦♦ • :i � a• M 131 • © 66� 67L J 6Il�:J i5O 640 In 1 s 2 136 �� • tt 71 tea- 1. as 118 V . 134 sl� 1 �f ►► 11 tt �aA4 *W*n lsc ww s0 rot 010Oi1MMRM. �..'C. tE)q WIN av= 96M J M 33 IN O O p , � 74 14 vp 114 115 116 ► v0� .. �~ ; s 1 z � t ISI 1° a zl r: t] 2� 77 z©78 ©79 2� 80 ( gal ' t � ♦ ISl � � vew t !1 r AN � , 12 w 113 ©n © 0 110 •! ag ® �sfss'�+'f�t �K» N 108 '! at � arm', ,iar s e+rm FIGURE 2 731- 130-18 781 - 130-20 781 - 140-10 John & Mary Jones Mabel Gusman Alice Springs 1130 Elm Street P.O. Box 510254 1147 Elm Street Encinitas, CA 92024 Encinitas, CA 92023 Cardiff -by -the Sea, CA 92073 781- 140-11 781- 140-12 781 -141 -01 Anne Arbor Joseph Miller Mike Butler 207 Yard Court #140 1145 Elm Street 1149 Elm Street Milan, Michigan 4824 Leucadia, CA 92024 Olivenhain, CA 92024 CITY OF ENCINITAS MEMORANDUM Date:August 5,1997 TO: Diane Langager Community Development Department FROM: Hans C. Jensen Engineering Services Department SUBJECT: Drain Rehabilitation 1470 Neptune, Encinitas, CA. This project consist of replacing a failed drainage pipe from Neptune Avenue to the beach area, traversing the coastal bluff. Two independent reports concerning the geologic and soils conditions have been issued. The first one was performed by GEOCON, Inc. as an aid to the design firm. The second investigation was performed by GEOPACIFICA at the request of the City of Encinitas. Both reports adequately address the site conditions, and supports the design of the replacement drainage structure. • • CITY OF ENCINITAS MEMORANDUM Date:August 5,1997 TO: Diane Langager Community Development Department FROM: Hans Jensen, Senior Civil Egineer Engineering Services Department SUBJECT: Drain Rehabilitation 1470 Neptune, Encinitas, CA. The project will replace a worn out drainage pipe from Neptune west over the bluff to the beach area. The pipe conveys drainage runoff from Neptune Avenue to the beach. Drainage along Neptune Avenue must be accommodated, since the City requires that drainage on the Bluff top lots be routed to Neptune and not over the bluff. This facility has in the past, before the failure, taken the street runoff. Future plans call for a drainage system in Neptune Avenue for collection and conveyance of surface drainage, and this pipe is considered a vital part of such a future system. The City of Encinitas Capital Improvement Program. Should this pipe not be built, the drainage runoff will run over the bluff and erode the bluff, endangering the existing dwellings, and create a large liability for the City. The bluff face will be washed away if the drain is not reconstructed. The neighbor property to the north has via the courts put the City on notice, and a court order has been issued, that the drain must be repaired. 1 AGREEMENT FOR REPAIR OF DRAINAGE SYSTEM 2 1. INTRODUCTION 3 This agreement ( "the AGREEMENT ") is entered into by, between, and among, 4 5 Sandra and James Nicodemus (collectively, "NICODEMUS "), Marion Harris ( "HARRIS "), 6 and the City of Encinitas ( "CITY "). The purpose of this AGREEMENT is to facilitate and 7 ensure the repairs of the drainage system which is located at 1470 Neptune Avenue, 8 Leucadia, California. This property is currently owned by HARRIS and shall be referred to 9 herein as "THE HARRIS PROPERTY." The aforementioned drainage system will be 10 referred to hereinafter as "THE DRAINAGE SYSTEM "). 11 12 2. RECTTAIS 13 2.1 HARRIS is currently the owner of the property located at 1470 Neptune 14 Avenue, Leucadia, California ( "THE HARRIS PROPERTY "). 15 2,2 NICODEMUS has reached an agreement to purchase THE HARRIS 16 PROPERTY. Escrow for this sale is currently pending, and is expected to close on February 17 1, 1995. 18 19 2.3 Several decades ago, THE DRAINAGE SYSTEM was constructed by Harris 20 and installed on THE HARRIS PROPERTY to collect water run -off from Neptune Avenue 21 and other neighboring properties. THE DRAINAGE SYSTEM is comprised of a collector 22 box and a metal pipe ( "THE PIPE ") which carried the water run -off in a western direction 23 beneath THE HARRIS PROPERTY. Such water exits THE DRAINAGE SYSTEM at the 24 bottom of the 40' bluff which comprises the western-most boundary of THE HARRIS 25 26 PROPERTY. This bluff faces the Pacific Ocean. In March, 1991, a portion of THE PIPE 27 became separated. Temporary repairs were immediately made thereto. 28 /// 7 1 1 2.4 By entering this AGREEMENT, the parties hereto wish to formally provide 2 for the permanent reconstruction of THE DRAINAGE SYSTEM. Such reconstruction of 3 4 THE DRAINAGE SYSTEM shall be performed in accordance with the City of Encinitas 5 public works standards. 6 3. PRONUSES AND OBLIGATIONS OF THE PARTIES 7 3.1 CITY hereby promises to pay 50% of the costs associated with repairing THE 8 DRAINAGE SYSTEM at THE HARRIS PROPERTY. CITY also hereby promises: that it 9 will forever thereafter control and maintain THE DRAINAGE SYSTEM. CITY also 10 promises to reimburse the owner of THE HARRIS PROPERTY for 50% of the costs 11 12 ' associated with the design and permitting of the repairs to THE DRAINAGE SYSTEM, up 13 to a total of $3,500. 14 3.2 NICODEMUS promises that, upon the completion of his purchase of. THE 15 HARRIS PROPERTY, NICODEMUS will pay up to 50% of the costs associated with 16 ' repairing THE DRAINAGE SYSTEM. NICODEMUS also promises to pay the remainder of 17 the costs associated with the design, licensing, and /or permitting of the repairs to THE 18 19 DRAINAGE SYSTEM. NICODEMUS will ensure that a 10' construction easement for the 20 purpose of repairing THE DRAINAGE SYSTEM is granted to CITY. Said easement shall 21 include the northern-most portion of THE HARRIS PROPERTY, and shall remain in effect 22 until the repairs to THE DRAINAGE SYSTEM have been completed. Following the 23 completion of said repairs, the easement shall remain a permanent ten foot wide drainage 24 25 easement. This easement will attach to THE HARRIS PROPERTY and /or any other 26 property(s) upon which the easement is located, and shall be for maintenance, inspections, 27 ingress and egress purposes only, and shall run with the land. NICODEMUS further 28 promises that NICODEMUS will cause the appropriate civil, structural, and /or geotechnical 2 1 plans for the repair of THE DRAINAGE SYSTEM to be submitted to CITY no later than 2 March 31, 1995. NICODEMUS and CITY will thereafter use their best efforts and diligence 3 4 to cause the repairs to THE DRAINAGE SYSTEM to be completed as soon as practicable. 5 3.2.1 It is further agreed that NICODEMUS shall retain an option to 6 personally fully fund the costs associated with repairing THE DRAINAGE SYSTEM, and all 7 costs associated with the design and permitting of the repairs to THE DRAINAGE SYSTEM. 8 If NICODEMUS exercises this option, NICODEMUS must still submit the appropriate civil, 9 structural, and /or geotechnical plans for the repair of THE DRAINAGE SYSTEM to be 10 submitted to CITY for approval no later than March 31, 1995. By exercising this option, 11 12 NICODEMUS will not be required to grant any easement to CITY. 13 3.3 HARRIS or her successor hereby promises that if the escrow for the sale of 14 THE HARRIS PROPERTY to NICODEMUS is cancelled for any reason (i.e., the sale "falls 15 through "), HARRIS will assume all of the duties, obligations, and rights ascribed to 16 NICODEMUS in paragraphs 3.2 and 3.2.1, above, except HARRIS will not be required to 17 submit the appropriate repair plans and specifications to CITY on March 31, 1995. HARRIS 18 19 will, however, use her best efforts and diligence to cause the appropriate repair plans and 20 specifications to be submitted to CITY within 30 days of the cancellation of the escrow 21 between HARRIS and NICODEMUS, or as soon thereafter as possible. Specifically, 22 HARRIS or her successor will pay up to 50% of the costs associated with repairing THE 23 DRAINAGE SYSTEM. HARRIS or her successor also promises to pay the remainder of the 24 costs associated with the design, licensing, and /or permitting of the repairs to THE 25 26 DRAINAGE SYSTEM. HARRIS or her successor will also ensure that a 10 construction 27 easement for the purpose of repairing THE DRAINAGE SYSTEM is granted to CITY. Said 28 easement shall included the northern-most portion of THE HARRIS PROPERTY, and shall 3 1 remain in effect until the repairs to THE DRAINAGE SYSTEM have been completed. 2 Following the completion of said repairs, the easement shall remain a permanent ten foot 3 wide drainage easement. This easement will attach to THE HARRIS PROPERTY and /or 4 5 any other property(s) on which the easement is located, and shall be for maintenance, 6 inspections, ingress and egress purposes only, and shall run with the land. HARRIS further 7 promises that HARRIS will use her best efforts to cause the appropriate civil, structural, 8 and /or geotechnical plans for the repair of THE DRAINAGE SYSTEM to CITY within 9 thirty (30) days from the date that the escrow on the HARRIS PROPERTY between 10 HARRIS and NICODEMUS is cancelled. HARRIS and CITY will thereafter use their best 11 12 efforts and diligence to cause the repairs to THE DRAINAGE SYSTEM to be completed as 13 soon as practicable. 14 3.4 Any monetary contributions to the repair of THE DRAINAGE SYSTEM by 15 any individual or entity who is not a party to this AGREEMENT shall be conveyed to the 16 owner of THE HARRIS PROPERTY at the time said repairs are completed. 17 4. ACKNOWLEDGEMENT OF CONSIDERATION 18 19 The payments, mutual promises, conveyances, and obligations set forth herein are 20 intended to inure to the benefit of each party hereto. Each party, therefore, acknowledges 21 the sufficiency of consideration for its performances under the terms of this AGREEMENT. 22 5. REPRESENTATIONS AND WARRANTEES 23 Each of the parties to this AGREEMENT represents and warrants to, and agrees 24 with, each other party hereto as follows: 25 26 5.1 Each party has received, or has had the opportunity to elicit independent legal 27 advice from its attorneys with respect to the advisability of entering into this AGREEMENT. 28 4 1 5.2 No art nor an officer, agent, artner employee, re resentative, or P Y( Y g �P � P 2 attorney of or for any party) has made any statement or representation to any other party 3 4 regarding any fact relied upon in entering into this AGREEMENT, and each party does not 5 rely upon any statement, representation, or promise of any other party (or any officer, agent, 6 partner, employee, representative, or attorney of or for any party), in executing this 7 AGREEMENT, except as expressly stated in this AGREEMENT. 8 5.3 Each party to this AGREEMENT has made such investigation of the facts 9 pe rtaining to this AGREEMENT and of all the matters pe g pertaining thereto, as it deems to necessary. 11 12 5.4 Each party has read this AGREEMENT and understands the contents thereof. 13 5.5 Each term of this AGREEMENT is contractual and not merely a recital. 14 5.6 This AGREEMENT shall be deemed to have been executed and delivered 15 within the State of California, and the rights and obligations of the parties hereto shall be 16 construed and enforced in accordance with, and governed by, the laws of the State of 17 California, without regard to choice of law rules. 18 1.9 5.7 This AGREEMENT is the entire agreement between the parties with respect to 20 the subject matter hereof and supersedes all prior and contemporaneous oral and written 21 agreements and discussions. This AGREEMENT may be amended only by an agreement in 22 writing. 23 5.8 This AGREEMENT is binding upon and shall inure to the benefit of the 24 parties hereto, their respective agents, employees, representatives, assigns, heirs, successors - 25 26 in interest, attorneys, and insurers. 27 28 5 MPY 31 '9 03:58PIl I:LINEDINST, FLIEHHAN, MCKILLOP P, 3/6 1 -0 1 5.9 Each party has cooperated in the drafting and pzeparaaon of this 2 AGRPMMENT. Hence, the intierpretation or construction of this AGUE or any �l i provision hereof, shall not be ma de or construed against any party 4 1 5.10 In the event of litigation or arbitration relating to or arising out of this 5 " s AGREEMENT, the prevailing pasty(s) shall be entitled to recover reasonable attorneys' fees 7 and costs. 8 .1 5.11 'Phis AGREEMENT may be executed in count>urpaxts, and when each party has 9 signed and delivered at iea,st one such counterpart, each counterpart shall be deemed an I 10 original, and, when taken together with the other signed counterparts, shad constitute one I 11 � AGREEMENT, which shall be binding upon and effective zs to all parties. 12 I 13 I 5.12 This AGREEMENT consists of seven (7) pages and is made and untmtd into J 14 on the dates indicated below. 16 DATED: r f-r r c�- B � �1 t '1 MARION HAMS 17 ' 1.8 I i9 �,� BY DATED: -�� CITY OF ENCINITTAS 20 I 21 22�; j DATED: BY: 23 — SANDRA NICODEMUS 24 25 DATED: BY: 26 7AbM MCODEMUS 27 i 2s 6 "95 03 :5'3Pf1 KLIHEDINST, FLIEH•lA , 11 = I ILLOF' P. 4/6 I 1 5.9 Each party has cooperated in the drafting a of this ? AGREEMENT. Hence, the interpretation or construction of this AGREEMENT, or any provision hereof, shall not be made or construed against any party. 41 I 5.10 Jn the event of litigation or arbitration relating to or arising out of this i 5! I g i AGREEMENT, the prevailing party(s) shall be entitled to recover reasonable attorneys' fees 7 and costs. 8 5.11 This AGREEMENT may be executed in counterparts, and when each party has g I signed and delivered at least one such counterpart, each counterpart shall be deemed an LG � original, and, when taken together with the other signed counterparts, shall constitute one 11 ` 12 AGREEMENT, which shall be binding upon and effective as to all parties. I 13 5.12 This AGREEMENT consists of seven (7) pages and is made and entered into f 14 on the dates indicated below. 1 15 16 DATED: BY: i 17 MARION HARRIS � I 18 j 1 I DATED: 2 3 !� BY: 20 CIT OF ENCINITAS 21 1 22 DATED: 23 $1': SANDRA NICODEMUS� t 24 I 25 26 DATED: 2 7 - , .� BY: f �fr �'iG'� l.•� � i•,.,�, /�1 : .JAMES NICODEMUS � 27 r 28 b I I MPY 31 1 95 03 :59PM {<LIVIEDINSIT, F'LIEHMAN, FICKILLOP P. 5!6 �- Approved as to form. 2 3 pATED: �! �GS BY: 4 OS •PEHSEL, Q•+ Counsel for MA UON HARRIS �I 6 DAT BY: P..D : �� 1 7 i AttvrErey for TIM CITY OF ENCINiTAS 8 4 { g I � 10 l 13 { 14 i6 16 I 17y� j { to I 1 19 j VO 1 21 I z2 �j zs i 24 i 25 1 26 27 j. 28 �) T'51:52592 7 1� htA`r ;1 'y� �4:�UPt °1 KLIt�IEDIN�T, F"LIEHf•IAN, hiCl <ILLOP F'.5i6 Approved as to form. 2 I • t3 DATED: BY: 4 OSCAR FEHSEL, ESQ., 5y Counsel for M_&RTO HARRIS DA'R'ED: 3 Z7 — 5 BY: ' 7 i 8 Attorney for THE CITY OF ENCINITAS I 9 10 I1 12 t 1: 14 t i s 15 i 16 17 i 18 I Is 20 21 I 22 t 23 i 24 i t 25 26 27 i 28 J TSI:52692 7 j I i r, DCC rl"5- 0045627 f 01—FEB-1995 43 =4 PM RE CO RDeD AT THi i CHICAGO TITLE CO. l OFFICIAL RECORDS AND WHEN RECORDED MAIL THIS DEED AND U NLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT8 T O: SAN DIEGO COUNTY RECORDER'S OFFICE JAMES A. NICODEMUS GREGORY SMITH, COUNTY RECORDER Na1me SANDRA S. NICODEMUS RP 6.00 FEES 475.40 red' x.147 0 NEPTUNE AVENUE 1733 AF: 3.00 flC � 10 city ENCINITAS, ENCINITAS, CA 92024 �� 1.00 UP 10.00 Zip �-. TAX. 455.40 MMRDERS USE ONLY ORDER NO. 974602 -2 GRANT DEED ESCROW NO. 99532) -JM TAX PARCEL N O_ 254 - 210 -01 The undersigned declares that the documentary transfer tax is S 455.40 and is computed on the full value of the interest of the property conveyed, or is computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. The land, tenements or realty is located in unincorporated area )K city of ENCINITAS and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MARION DODGE HARRIS, A Widow hereby GRANTS to JAMES A. NICODEMUS and SANDRA S. NICODEMUS, Husband and Wife as Joint Tenants the following described real property in the City of ENCINITAS County of SAN DIEGO Slaw (if California: That portion of Lot 26 of LEUCADIA ACRES, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1704, filed in the Office of the County Recorder of said San Diego County, June 5, 1918 (AS MORE COMPLETELY DESCRIBED IN THE ATTACHED EXHIBIT "A" CONSISTING OF ONE PAGE). a Dated_ NOVEMBER 30, 1994 MARION DODGE HA IS STATE OF CALIFORNIA, ) COUNTY OF Lo } On Q C e... u �� cl �/ before me, �c c C- snC�+a�r 1 (insert name /title of the officer). personally appeared S USAN D. GOSSERANO MARION DODGE HARRIS � NOTAgYPUBLIC- CALIFOgNlA � LOS ANWLES CDt)NlY My C 6nissim Ems. Fob. 28, =7 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted executed the instrument. WITNESS my hand and official sea]. Signature ��.s�tt�..� C S 11 ) . (Notary Seal) MAIL TAX STATEMENTS TO PARTY SHOWN BELOW: IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE. Mr. arld Mrs. JAMES A. NICODEMUS, 1470 NEPTUNE AVENUE, ENCINITAS, CA 92024 Name street Addrees Cay a awe 252 Order. TOF: TL SD 1995 -45627 Page: 1 of 2 Ex"IiBIT "A" 1734 Legal Description F AT PORTION OF LOT 26 OF LEUCADIA ACRES, IN THE CITY OF ENCINITAS, COUNTY OF N DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1704, FILED IN THE FICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JUNE 5, 1918, AND THAT PORTION OF LOT 2 OF SECTION 5, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN SAID CITY, COUNTY AND STATE, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF PHOEBE STREET WITH THE WESTERLY LINE OF NEPTUNE AVENUE, AS SAID STREETS ARE SHOWN ON MAP NO. 2049 OF SOUTH COAST PARK NO, 4, FILED IN THE OFFICE OF THE.COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JULY 26, 1927; THENCE ..NORTH 19 26' 40" WEST (RECORD NORTH 19 26' 45 WEST) ALONG SAID WESTERLY LINE OF NEPTUNE AVENUE 1276.43 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID WESTERLY LINE OF NEPTUNE AVEUNUE NORTH 28° 09' 40" WEST 132.2 FEET (RECORD 141.72 FEET) TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID WESTERLY LINE OF NEPTUNE AVENUE NORTH 19 26' 40" WEST (RECORD NORTH 19 26' 45" WEST) 3.48 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT BEING ALSO THE MOST NORTHERLY CORNER OF THE LAND CONVEYED TO CLARENCE W. CARY AND JOSEPHINE L. CARY, BY DEED DATED JUNE 12, 1928 AND RECORDED IN BOOK 1487, PAGE 338 OF DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE LEAVING SAID WESTERLY LINE OF NEPTUNE AVENUE SOUTH 70° 33' 20• WEST ALONG THE NORTHWESTERLY LINE OF SAID CARYS' LAND AND THE SOUTHWESTERLY PROLONGATION THEREOF A DISTANCE OF 188.39 FEET, MORE OR LESS, TO A POINT ON THE EASTERLY LINE OF THAT TRACT OF LAND AS CONVEYED BY THE SOUTH COAST LAND COMPANY TO THE COUNTY OF SAN DIEGO BY DEED DATED JANUARY 10, 1930 AND RECORDED FEBRUARY 11, 1930, DOCUMENT NO. 7207; THENCE ALONG THE SAID EASTERLY LINE OF COUNTY LANDS, NORTH 18 44' 15" WEST A DISTANCE OF 75.0 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF THE LAND CONVEYED TO SMILE FERIR, ET UX, BY DEED RECORDED IN BOOK 1487, PAGE 338 OF DEEDS; THENCE NORTH 70 33' 20" EAST ALONG SAID PROLONGATION AND ALONG SAID NORTHWESTERLY LINE OF SAID FERIR'S LAND A DISTANCE OF 187.56 FEET, MOPE OR LESS, TO A POINT ON THE SAID WESTERLY LINE OF NEPTUNE AVENUE WICH IS DISTANT THEREON 75 FEET NORTHWESTERLY FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 19 26' 40 EAST (RECORD SOUTH 19 26' 45" EAST) ALONG SAID WESTERLY LINE OF NEPTUNE AVENUE, 75 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM, THAT PORTION, IF ANY, HERETOFORE OR NOW LYING BELOW THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN. Order: TOF: TL SD 9995 -45627 Page. 2 of 2 0 • From: Jim Benson To: DLangag, HJensen Date: 6/5/97 1:55pm Subject: Nickadamus Strom Drain Thank you for the copy of Diane's memo to Hans on this subject. I am glad to see it moving again. However, I want to make it clear to everyone that this project is a CITY concern, not Engineering alone, or Risk Management, or Community Development. Based upon the circumstances of our involvement, it is VERY important that we expeditiously get the project built, preferably before this year's rainy season. I'm asking Jace to tickle this for every two weeks until it is complete and I'll make it a repeated entry on the department head agenda if we don't make substantial progress quickly. THANKS, JFB CC: AArch, SHolder, JSchwarm, incl, s July 18, 1996 James & Sandra Nicodemus 1470 Neptune Avenue Encinitas, Ca 92024 RE: Storm Drain Rehabilitation for 1470 Neptune Ave, " Nicodemus Storm Drain" Dear Mr. & Mrs. Nicodemus: This letter will serve as a follow up to the Memorandum dated June 19, 1996 from Diane Langager, Associate Planner to Hans Jensen, Senior Civil Engineer with a carbon copy to Masson & Associates Inc. Be advised that the City is placing the Memorandum dated June 19, 1996 on hold and is in the process of exploring avenues in which to consider the proposed project involving rehabilitation of the storm drain located at 1470 Neptune Avenue. The City will be in contact with you and Masson & Associates shortly with the results. You may contact Sandra Holder, Director of Community Development at 619- 633 -2689 or myself at #633 -2771 to discuss the matter further. Thank you for your cooperation and attention to this matter. Sincerely, L" WA� �. Alan Archibald Director of Engineering JCSJc Enclosure cc: Sandy Holder, Community Development Director Tom Curriden, Senior Planner Cindy Choice, Masson & Associates, Inc. Patrick Murphy, Project Manager Jace Schwarm, Risk Manager James F. Benson, Assistant City Manager 1 FL b1 - 20()0 FAX O19 033 - = :; ti Vulcan A%cnur. F.nrinita.s. Califi>rn,a )- 1 -3( , ;3 YDD 019- 0i3 -2 - 00 recycled paper R CD � 3 t.- \ W LL �\ _I 0 3 /$ f \k � . C)� k/� co ca _C, cc 7k\ 2 E $ ) 2 ® ® k / & £ a) Co CL �§/ f 7 §o 3 k: c c 0) # @2f E ƒf = 2 &M§ :2 -0 - \ k § . q �' E E ca c " 2 kkCL 2 a) k 2CD . a � E E < E � 0" E a) k/- \ _� o CL o - c . u e I « o @ c 2 a E § L) 2 E k @ . @ / f / 4) S 2 \ \� C L e =2 § a) 5 c " 0 M LL 0) U)3: C) • From: Jace Schwarm To: AARCH, SHOLDER, PMURPHY Date: 7/2/96 9:08am Subject: 1470 Neptune Ave, Nickadamus /City storm drain fix * * * * * * ** *CONFIDENTIAL * * * * * * * *A memo was issued to Hans with a cc to Nickadamus Engineer advising them that the City could not entertain a FIX of the drainage. Based on outcome of yesterdays discussions and agreement that there is need to move forward with the FIX, will either Planning or Engineer be communicating /writing to Nickadamus and his Engineer that the City is looking into the matter further and an emergency permit from Coastal Comm. will be discussed. Based on the memo sent to Hans which Nickadamus & Engineer has a copy, the City is now in breach of their agreement to fix which now can re -oepn lawsuit. A letter of some type explaining that the City is looking further into the matter, may help the situation. Let me know who has the lead on this. Please cc Risk Management on all correspondence so that we can keep the lititation file updated. Thank you. Jace - R.M. CC: BWEEDMAN, JSCHWARM, DLANGAG * * *C O N F I D E N T I A ** CITY /ATTORNEY CLIENT INFORMATION TO: SHOWER S1043113 Sandra Holder - CD Director AARCH 51043113 Alan Archibald - City Engineer HJENSEN S1043113 Hans Jensen - Sr. Civil Engineer FROM: JSCHWARM 51043113 Jace Schwarm - Risk Manager DATE: JUNE 26, 1996 SUBJECT: Nicodimus - Neptune Drainage Pipe Fix I faxed over to our attorney the memo from'Diane Langager on refusal to allow Nicodimus to fix existing drainage pipe. Per our defense attorney be advised that the City of Encinitas AGREED per settlement agreement to allow fix and to contribute 50 % towards the fix. Diane's memo now placed the City in breach of contract and the neighbors (Spencer) could now re -open the old lawsuit. The City agreed by way of a signed agreement to the FIX. Alan Archibald has the lead at the Monday Department Head meeting to discuss this matter. Objective, would be to reconsider the Nicodimus application to FIX the drainage pipe as agreed to by settlement agreement between Nicodimus /Harris /City and claimant Spencer and to make a decision on the matter as soon as pososible, before claimant Spencer gets a copy of the correspondence. Alan, if you would like me to attend Dept. Head meeting on this matter with respects to what was agreed to by way of settlement agreement, please let as know. Thank you. Jace - R.M. COPY LIST: JBENSON S1043113 Benson, Jim RKRAUEL S1043113 Roger Krauel - City Attorney JSCHWARM 51043113 Jace Schwarm - Risk Manager as — • * * *C O N F I DENT I A * ** CITY /ATTORNEY CLIENT INFORMATION TO: SHOLDER S1043113 Sandra Holder - CD Director AARCH S1043113 Alan Archibald - City Engineer HJENSEN 51043113 Hans Jensen - Sr. Civil Engineer FROM: JSCHWARM S1043113 Jace Schwarm - Risk Manager DATE: JUNE 26, 1996 SUBJECT: Nicodimus - Neptune Drainage Pipe Fix I faxed over to our attorney the memo from Diane Langager on refusal to allow Nicodimus to fix existing drainage pipe. Per our defense attorney be advised that the City of Encinitas AGREED per settlement agreement to allow fix and to contribute 50 % towards the fix. Diane's memo now placed the City in breach of contract and the neighbors (Spencer) could now re -open the old lawsuit. The City agreed by way of a signed agreement to the FIX. Alan Archibald has the lead at the Monday Department Head meeting to discuss this matter. Objective, would be to reconsider the Nicodimus application to FIX the drainage pipe as agreed to by.settlement agreement between Nicodimus /Harris /City and claimant Spencer and to make a decision on the matter as soon as pososible, before claimant Spencer gets a copy of the correspondence. Alan, if you would like me to attend Dept. Head meeting on this matter with respects to what was agreed to by way of settlement agreement, please let me know. Thank you. Jace - R.M. COPY LIST: JBENSON 51043113 Benson, Jim RKRAUEL 51043113 Roger Krauel - City Attorney JSCHWARM S1043113 Jace Schwarm - Risk Manager CITY OF ENCINITAS - - -- COMMUNITY DEVELOPMENT MEMORANDUM Date: May 28, 1997 TO: Hans Jensen, Senior Civil Engineer FROM: Community Development Department V_:!�JB S. Langager, Associate Planner DATE: May 28, 1997 SUBJECT: Storm Drain Rehabilitation for 1470 Neptune Avenue; "Nickadamus Storm Drain" As we previously discussed, this is to confirm that a Coastal Development Permit is required for the above project. Based on conversation with Lee McEachern of the California Coastal Commission, the City is the authorized agency for issuing the permit; however the project site is in the appeal zone of the Coastal Commission. If the project design were to touch on the beach, a Coastal Development Permit would be required also by Coastal since the beach is in Coastal's original jurisdiction. Additionally, as we discussed a Geotechnical Report will be required in association with the subject application which will be subject to Third Party Geotechnical Review and the project itself will be subject to environmental review. An application for the Coastal Development Permit and the Environmental Review is attached for your use. It is my understanding you will be a co- applicant along with the Engineering firm representing the Nickadamus'. Since you are serving as co- applicant a fee for processing the permit will not be required but funds to pay for the geotechnical and environmental consultant will be required. Please contact Dave DeCordava of our office (633 -2683) to coordinate this issue. Unless I hear from you otherwise, I will assume that you will contact the project engineer related to this matter. If you would like to schedule a pre - application appointment including the project engineer, you and myself I would be happy to do so. If you have any other questions or need additional information please do not hesitate to contact me. cc: Lauren Wasserman, City Manager Jim Benson, Assistant City Manager Sandra Holder, Community Development Director Alan Archibald, Engineering Services Director Bill Weedman, City Planner Dave DeCordava, Management Analyst Dl£ 97 -021 (5/30/97) City of Encinitas November 5, 1996 Mr. Lee McEachern California Coastal Commission San Diego Coast Area 3111 Camino Del Rio North, Suite 200 San Diego, CA 92108 -1725 Re.: 1470 Neptune Avenue Public Stormdrain, Encinitas, CA Dear Lee: You have expressed a concern regarding the plans for the rehabilitation of the drainage structures at 1470 Neptune. Specifically you expressed a concern for the type of support proposed in the plans which has been approved by the City. These plans call for a spread footing design with an embedded depth of 5 feet. If a round pier type footing were to be substituted for the flat pier design, you would have a smaller footing necessitating a larger number of piers, approximately doubling of the number. This increased number of points of disturbance to the bluff is likely to be more intrusive than the design presented. To avoid the structure from touching the bluff, a suspension cable anchored at the top and toe of the bluff with the pipe suspended from the cable could be designed. While such an alternative would be less intrusive to the face of the bluff, it could, result in excessive forces at the top of the bluff. A high maintenance would be necessary, and the risk of failure of the system would be high. The City of Encinitas believe that the presented design will serve as a reasonable solution to a problem that needs immediate attention, specifically when a new rainy season approaches. Please approve the submittal such that we can secure the bluff before more damage occurs. Sincerely yours G �Hans Carl Subdivision Engineer TFI— )IL) -0t -2 ')0 FAX019- rii; -242 recycl2dp?Per CITY OF ENCINITAS -- MEMORANDUM Date: June 19, 1996 MEMO TO: Hans Jensen, Senior Civil Engineer FROM: �, Diane Langager, Associate Planner VIA: ,�,) Bill Weedman, City Planner SUBJECT: Storm Drain Rehabilitation for 1470 Neptune Avenue; "Nickadamus Storm Drain" This is to confirm in writing, that, based on review and consideration of the proposed project plans, there are no provisions within the Municipal Code (Chapters 30.34 and 30.80) to authorize public or private storm drain facilities on the face of the coastal bluff. As you are aware discussions of the subject project included Sandra Holder, Director of Community Development; Bill Weedman, City Planner; Tom Curriden, Senior Planner; Lee McEachern, California Coastal Commission; yourself and myself. We did conclude that the issue of public storm drain facilities on the coastal bluff face should be addressed as part of the Comprehensive Coastal Plan (Comp Plan) that is currently being prepared. I consulted with Patrick Murphy, the Project Manager of the Comp Plan and he informed me that the current draft did not allow for drainage facilities on the bluff face. You should discuss this issue in further detail with Patrick. Finally, I have informed Cindy Choice of Masson & Associates, Inc. (the Engineering firm for the subject project) that there are no provisions to allow their project; I informed Ms. Choice that she should talk to you regarding the ramifications this determination may have on the court judgment. If you have any further questions or issues regarding this matter please do not hesitate to discuss them with me. cc: Jace Schwarm, Risk Manager Sandra Holder, Community Development Director Tom Curriden, Senior Planner Lee McEachern, California Coastal Commission Cindy Choice, Masson & Associates, Inc. Patrick Murphy, Project Manager Dlf. 96 -029 6/19/96 dug acc a-al,� p/av7 . teach - 6iWe cs�e was du� -Z hQO' T�-y, ,C�rrowf f- i� 57z2nce 5 l 4 61-)gS /'Iv1 dug dip X 049 1 2 . 47:5 rede - �re rr► Qho' L 7�16;e 2kL C w �e O coy S hP' -7SoX'rg, pU eye Ca C( - - 7jo�.� gs bG S y ► dc�e�o . CSC �6,e� CIePpPie� comer -e dog. Qc(67 /�7�e Cv�C�c�iUnS � � te. Sf��p�lSS�cf L(r15f�hr � /7�T� c�S�oR?/ o f�, e� 1 �bs - .2 was a �S Q`n � �ec0 Q'f hew (or►� �S f Ao - em 0 tit lQndOGc� p�� -Cow - /av1S Cc�Gl�d -fi_g✓' < J (oO - C - 3 25 - 0 �Y`! K So 1 r%, ClctdP® O•� e fire-con S 1l41u5. -1 9. ,ted 1 m ii /K ru c{{s.'gh Coc.11d be Ch,,-' Q doW A r a ,Sn-osev le - �b y <<faA- pun ,T /K <Sa, - d no . J �s�• hoc... .� vs INTRADEPARTMENTAO � " TRANSMITTAL FORM ENGINEERING SERVICES DEPARTMENT F Capital Improvements ❑ Engineering Records EJ Public Service Counter R Development Review E] Field Operations Traffic Engineering Li O District Support Services _ Office of the Director Flood Control Engineering M T Capital Projects E] Engineering Records EJ Public Service Counter El O Development Review Field Operations ? Traffic Engineering El District Support Services F1 Office of the Director 0 Flood Control Engineering ATTENTION: B c $� ' a �'� �)t AL ( c t DATE: Q'7 t,_ Regarding (Finance Numbf`r- " ) DEP,FEE TM /TPM/MUP/MIN/DR: - APN: Transmitted as following: Comments /Additional Space for Document Final Parcel Map E] Final Map Submittal/Amended/Corrected 1) Response to Plancheck [ ] Proposed R Corrected E] Approved [] Coastal Permit E] 2) Property Appraisal [ ] Blueline /Red -lined 0 Checkprint EJ Original ❑ Certificate ❑ 3) St Vacation Application [ ] Approved Tentative Map ❑ Resolution of Approval ❑ Memo D 4) St Name 0 Application [ ] Preliminary Title Report ❑ Guarantee [-] Tax Certificate F Traverse Calculations EJ Reference Maps E] Letter Re: Access EJ Copies of all documents listed in preliminary title reportNesting Deed Utility Letter: * E] Deferred Monumentation Letter 11 -' Easement re: Covenant re: Agreement re: * (FIRE /SDWD /OMWD /LCWD /G &E / /CATV Legal Description Plat El Recording Fee Sketch (if needed) / Description ------------ - - - - -- ---------------- - - - -�' - - -- - -- Improvement 1�Ian. '' ( Submittal/Plan Chang (As -built Proposed [ Corr ct Approved E] Streetli e Blueline /R.edlined Checkprint ❑ Original [] _ Cost Estimate [] Hydraulic Calculations/Map E] Soil Report � Cross Sections [] Structural Calculations [] Traffic Control Plan F -- -- ---- p block - for additional items, if any - (PUB /PVT) (RD /DN /W /S /TR /PK) Grading Plan F] Submittal /Plan Change /As -built Proposed E] Corrected El Approved [:J cc Planning EJ & * c . t Blueline /Red -lined E] Checkprint (:] Original F Hydraulic Calculations /Map ❑ Cost Estimate E] Soil Report E] [(W 4 Letter re: Permission to Grade EJ Structural Calculations F� Note: See map block for additional items, if an As Per... Submittal R / Q.quirements E] Our Conversation EJ Public Inquiry/Proposal E] For Your... Review Approval E] Signature ❑ Information D Use E] Originator: Copies to: 505 South Vulcan Avenue, Encinitas, California 92024 -3633 TEL (619) 633 - 2600 /FAX (619) 633 -2627 / TDD (619) 633 -2700 953.doc (10- 04 -95) CITY OF ENCINITAS Engineering Services Department 505 South Vulcan Avenue Encinitas, Ca. 92024 -3633 Phone (760) 633 -2770 Fax (760) 633 -2818 TRANSMITTAL LETTER TO: James and Sandra Nicodemos Date: November 24, 1998 1470 Neptune Avenue Job. No. 0003 -DI Encinitas, CA. 92024 (760) 942 -6064 RE: Drainage Easement Grant Deed For 14 70 Neptune Avenue Enclosed: • Easement Grant Deed (2 copies) Remarks Please execute and notarize the grant deed and have the subordination agreement executed and notarized by trustee of the deed of trust for your property (if any). Return the original copy to: City of Encinitas Attn: Blair Knoll 505 S. Vulcan Avenue Encinitas, CA 92024 The extra copy is for your records. Should you have any questions, please contact Blair Knoll at (760) 633 2793 or me at (760) 633 -2839. Thank you. From: Jeremy Riddle Engineering Department c: File CITY OF ENCINITAS Engineering Services Department 505 South Vulcan Avenue Encinitas, Ca. 92024 -3633 Phone (760) 633 -2770 Fax (760) 633 -2818 TRANSMITTAL LETTER TO: James and Sandra Nicodemos Date: ot:cEw mEm 23, t9gS 1470 Neptune Avenue Job. No. 0003 -DI Encinitas, CA. 92024 (760) 942 -6064 RE: Drainage Easement Grant Deed For 14 70 Neptune Avenue Enclosed: • Easement Grant Deed (2 copies) Remarks Please execute and notarize the grant deed and have the subordination agreement executed and notarized by trustee of the deed of trust for your property (if any). Return the original copy to: City of Encinitas Attn: Blair Knoll 505 S. Vulcan Avenue Encinitas, CA 92024 The extra copy is for your records. Should you have any questions, please contact Blair Knoll at (760) 633 2793 or me at (760) 633 -2839. Thank you. From: Jeremy Riddle Engineering Department c: File FINAL PUNCHLIST STORM DRAIN REHABILITATION 1470 Neptune Avenue Permit No. 4683CN October 30, 1998 Upon completion of the installation of the landscaping a final field observation shall be conducted and a certification of substantial completion shall be completed and signed by a state licensed landscape architect, landscape contractor, or an irrigation designer who also holds a state license in the landscape field. -2" Record grant of easement. ( Submit as- builts. 4. Certification of pipe and foundations by the geotechnical engineer. The above items have been completed by J and approved by � date inspector sdpunch.doc i CITY OF ENAITAS - ENGINEERING SERVIC4 DEPARTMENT ACTIVITY REPORT DATE: PROJECT NAME: PROJECT NUMBER: STREET LOCATION: PERMIT NUMBER: CONTRACTOR: TELEPHONE: 3 9 98 z GuoRK 1ton 155 L`i Fat Pie -con. rrrt�hr'3 `e -Con Mee !,y e{ CO - t- 3x4qyh. 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W,> - Do m •- i ot_a c • h-a&mlA1&'n " �� 1Aisr* -Lev FZ?6 Sm. 1 a�TlDM UE;r�O T 7T1A16 r Aqc -ys'l( Qrocr�r Pion. �Umu � l d � • W' c-r- c d - f Eck FD/1an5 7b�ya D/1L0�.� t;S�7yJ) , -ZI ?UP o '7 Bok FVO w T€ Po5�T7o m. �rb�ed 4D , oortcre -(e 01 ac sent m14429 CITY OF ENOITAS - ENGINEERING SERVIC, DEPARTMENT ACTIVITY REPORT DATE: PROJECT NAME: PROJECT NUMBER: STREET LOCATION• PERMIT NUMBER: CONTRACTOR: 'TELEPHONE: 91 1 71 99 8Mr7 rl .Z 90x a„d b" C waft med ano! eoncrc/G 11 i LzAvc I/' and whafi ,T saw a.-dd how do- le Qi Mc CA401 �/tnCL t�a-f c K wr[E F € �►� P S ;,owo � 9 /B 98 151 vnc �P. a �:,9 Crnc(��af 9 Z9 9 8 /�IGf a avC a s =U - 4- n . 7>2 C or ic , �rvc. m P • 2 - 7/d DaW old 15'yr • ( cad rnc 7- a t c G/Wt+n S6o v e r Asa, -� � �, .i 9a'c.+� -tl►c y-- ,- r�s�r• �a� ;,�, d�asle'd X— Cc+sf b Y� ci,w,o. 97 O k 7D ' m14429 EANEERING SERVICES DEPARTMO Capital Improvement Projects * District Support Services Field Operations Subdivision Engineering INTRADEPARTMENTAL TRANSMITTAL FORM Traffic Engineering T Capital Improvement Projects (CIP) ❑ Subdivision Engineering (SE) ❑ Traffic Engineering (TE) ❑ O District Support Services (_D) ❑ Office of the Director ( #1) ❑ Field Operations (FO) ATTENTION: V �1.�� DATE: _ M —7 7 -9 9 Regarding (Finance Numb W - DEP T/FEg TP P/MIN - (Finance Number - ) DEPOSIT/FE S► " (Finance Number - _� DEPOSIT/FEE APN: Transmitted as following: Comments /Additional Space for Document Final Parcel Map ❑ Final Map ❑ Submittal/Amended/Corrected 1) Response to Plancheck ❑ Proposed ❑ Corrected ❑ Approved ❑ Interoffice Memo* ❑ 2) Miscellaneous Exhibit ❑ Blueline/Red -lined ❑ Checkprint ❑ Original ❑ Certificate ❑ 3) Street Vacation Application ❑ Approved TM/TPM ❑ Resolution of Approval ❑ Coastal Permit ❑ 4) Street Name Change Application ❑ Preliminary Title Report ❑ Guarantee ❑ Tax Certificate ❑ 5) Other ❑ Copies of all documents listed in preliminary title report/Vesting Deed ❑ 6) Copies to: Traverse Calculations ❑ Reference Maps ❑ Letter Re: Access ❑ Additional Notes: a Corporate/Partnership Papers ❑ Property Appraisal ❑ Utility Letter* ❑ BY Deferred Monumentation Letter ❑ Agency Letter: ❑ Legal Description ❑ Plat ❑ Recording Fee ❑ ❑ Easement re: Covenant re: EJEEICFF Highway ❑ Trail ❑ Improvements ❑ * ( CD/ CS/ FIRE/SDWD /OMWD/LCWD /G &E/T /CATV) Sewer ❑ Park ❑ Impact Fees ❑ Sketch (if needed) / Description: Drainage ❑ ❑ Assessments Q E Agreement re: Improvements ❑ Pvt. Rd. Maint. ❑ ❑ ego TI `r� 54 f E r -- T i Improvement Plan Submittal/Plan Change - Buil �11 � 5R O� �LdQN Proposed [] Correc ed Approved ❑ Mfg. Sp s. Blueline/Red -lined E] heckprint ❑ Original Cross Sections ❑ Structural Calculations ❑ Cost Es imate ❑ rPubll e) Note: See other blocks for additional items, if any. ns /Water /Sewer/Trail/Park/Facility) Grading Plan ❑ Submittal/Plan Change/As -built Proposed ❑ Corrected ❑ Approved ❑ cc * ❑ Blueline/Red - lined ❑ Checkprint ❑ Original ❑ Hydraulic Calculations/Map ❑ Cost Estimate ❑ Soil Report ❑ Letter re: Permission to Grade ❑ Structural Calculations ❑ (Mass/Rough/Preliminary/Precise) Note: See other blocks for additional items, if any. (Erosion Control/Planting & Irrigation) As Per... Submittal equtrements' Our Conv r tion ❑ Public Inqu' /Proposal ❑ Our Approval ❑ For Your... Review ,raj Use Approva Signature Information ❑ ORIGINATOR: %` ' V� f S (Name) (Position) 505 South Vulcan Avenue, Encinitas, California 92024 -3633 TEL (760) 633- 2600/FAX (760) 633 -2627 / TDD (760) 633 -2700 JSG /ARR/Intra_Trans.doc/02.11.99 I of 1 Ufa _ 11 I' � L s ? ;bras ,�` 4t`'1 a b it •� �^ _w t _ OW r ' +,° y Tk Y - s+ ti "N" { a �y.:a1;�,'+ t e 1 ki } !fM ,f9k � +fy ��. '� s - .. F - z h { r I lj; 44 F No m '3 t P R a kj , r e •.,, 3� F r t u7 a. s s e - 3 , r a 1r fL lit tl I e a s r' � a � t d z GEO )PACIFICA G E O T E C H N I C A L C O N S U L T A N T S - October 23, 1997 City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 ATTENTION: Ms. Diane Langager SUBJECT: Response to Coastal Commission Comments; 1470 Neptune Avenue; Encinitas, California REFERENCE: "Proposed Storm Drain Rehabilitation Project - 1470 Neptune Avenue Encinitas Case #97 -192 CDP /EIA, by California Coastal Commission, dated October 23, 1997 Dear Ms. Langager: I have reviewed the referenced letter of October 23, 1997. Two items in that letter required responses from this firm. The first item was a description of the alternatives to the proposed design and the reasons for rejection. The second item was a statement regarding the need for any shore protection of the storm drain structure in the future. Based upon your request I have proposed a response to these items. Alternatives to Proposed Project Four alternatives were considered and rejected prior to the adoption of the present design. The alternatives, their description and reasons for rejection are as follows: 1. Conventional Underground Pipe Construction - Conventional storm drain design requires trenching into the existing ground a minimum of four feet, placing the pipe and backfilling and compacting the soil above the pipe. This method was rejected since it would cause major disturbance to the bluff face and create another avenue for water to travel down the bluff face and accelerate the bluff face erosion. 3 0 6 0 INDUSTRY ST S U I T E 1 0 5 O C E A N S I D E C A 9 2 0 5 4 TEL: 760.721.5488 FAX: 760.721.5539 2. Surface Concrete Ditch - This method would dump the water from the storm drain pipe into a 3 -4 foot wide concrete ditch running down the slope face. This method would also involve trenching of the slope face and have similar results as Item #1. 3. Boring Through the Bluff and Slope Face - This proposed drainage design would require drilling of a boring from the street down through the bluff and exiting through the bluff face near the toe of the bluff. Although this is the least invasive of all proposed methods it does not allow for any future maintenance of the storm drain and could allow potential infiltration and piping of water along the boring. 4. Doing Nothing to the Existing Condition - Although this alternative had to be addressed, it would leave an existing condition which would continue to erode the bluff face and eventually endanger structures at the top of the bluff. Requirement for Future Shore Protection Statements were made regarding the on -going beach erosion and bluff retreat in previous reports. The proposed storm drain design was selected because no shore protection would be required now or in the future for the protection of the storm drain structure. If you have any questions, please call. Sincerely, James F. Knowlton C.E.G. 1045 A GEOPACIFICA G E O T E C H N i C A L C O N S U L T A N T S September 19, 1997 City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 Attention: Mr. Hans Jensen Subject: Response to Coastal Commission Letter of September 15,1997 Proposed Storm Drain Rehabilitation Project —1470 Neptune Avenue Encinitas Case #97 -192 CDP /EIA Encinitas, California Dear Mr. Jensen: I have reviewed the letter response prepared by Lee McEachern, Coastal Planner, California Coastal Commission, dated September 15, 1997. The letter identified two concerns that the commission would have at this time. The first concern was relating to shore protection and the safety of the pipe from bluff failure and erosion. The second concern was regarding the effect of the pipe on the erosion of the beach or bluff with an outlet elevation of approximately 8 -ft. The first concern regarding the bluff and beach erosion was in response to the statements in both geotechnical reports that beach and bluff erosion was an on -going event. It is stated that if the owner wishes to retard or slow this process some sort of shore protection would be required. Geopacifica did not recommend or require that shore protection be installed as part of this project. We have knowledge that beach erosion and bluff retreat is occurring and will continue to occur. Any shoreline protection designed will only retard, not stop this natural occurrence. It is our responsibility as professionals to inform our client of this fact and those measures can be taken to retard this effect. It is our opinion that the subject design for the replacement storm drain is being designed to be safe from the effects of bluff failure and beach erosion. Drilling through the loose and disturbed bluff deposits into firm and competent material is supporting the subject piers for the pipe support. Shallow or surficial slope failures, which are common in this material, will not affect the storm drain. In addition, the installation of the pipe supports does add some stability - to the localized 3 0 6 0 INDUSTRY ST S U I T E 1 0 3 O C E A N S I D E C A 9 2 0 5 4 TEL: 760.721.5488 FAX: 760.721.5539 C O N S U L i A N T 5 the localized bluff area. Also, the construction of the replacement pipe will minimize the leakage and failure of the pipe, which has contributed to bluff damage in the past. The second concern of effects on erosion of the bluff and beach from the replacement pipe and its proposed elevation and the overall pipe design was raised. Firstly, several pipe installation methods were looked at prior to the subject design. This design allows for the least disturbance and best ease of construction of all methods reviewed. Slope stability is improved and maintenance on the pipe is accessible and cost - effective. Secondly, this is a pipe replacement project! Flows attributed to this pipe are very low and contribute less potential for erosion than the ocean waves. The pipe will outlet onto the beach and is not considered as being a potential accelerator of bluff retreat or erosion. Based upon the two concerns of the Coastal Commission I feel that this project should go forward as designed and be installed prior to this rainy season. We are anticipating very large amounts of rainfall and in large intensities. I would hope that the abovementioned explanations are sufficient to allay the two concerns of the Coastal Commission and allow this project to go forward without appeal. If you have any questions, please call. Sincerely, James F. Knowlton C.E.G. 1045 Cc: Ms. Diane Langager, Planner 4