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2000-6751 G/TE THE ORIGINAL OF THIS DOCUMENT • WAS RECORDED ON APR 03, 2001 DOCUMENT NUMBER 2001-0197,270 GREGORY J. SMITH, COUNTY RECORDER Recording Requested By: ) SAN DIEGO COUNTY RECORDER'S OFFICE City Engineer ) TIME: 9:3A AM When Recorded Mail To: ) City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING GRANT OF BEACH ACCESS ENCROACHMENT PERMIT FOR ACCESS ACROSS PUBLIC BEACH TO SEAWALL CONSTRUCTION SITE [John Michael Brown and Patricia D. Brown] Assessor's Parcel Case No. 00- 062MUP No. 256 - 011 -17- (01,02) Permit No. 6751TE W.O. No. 6751TE WHEREAS, John Michael Brown and Patricia D. Brown ( "PERMITTEE" hereinafter) are the owners of bluff top, ocean front real property which is commonly known as 836 and 838 Neptune Avenue ( "DOMINANT ESTATE" hereinafter) and which is described as follows: See Attachment A which is attached hereto and made a part hereof. WHEREAS, the City of Encinitas ( "CITY" hereinafter), a municipal corporation, holds an interest in beach property ( "PUBLIC BEACH RECREATIONAL AREA" hereinafter) located in the vicinity of the DOMINANT ESTATE and more fully described as follows: See Attachment B which is attached hereto and made a part hereof. WHEREAS, PERMITTEE desires to construct a seawall at a location immediately seaward of the DOMINANT ESTATE. ( "PROJECT SITE" hereinafter) and must cross and otherwise use the PUBLIC BEACH RECREATIONAL AREA during the construction of the seawall on the PROJECT SITE. WHEREAS, PERMITTEE desires an entitlement to use the PUBLIC BEACH RECREATIONAL AREA during the construction of the seawall; NOW THEREFORE, it is agreed as follows: A. CITY hereby grants to PERMITTEE an encroachment permit in respect to the PUBLIC BEACH RECREATIONAL AREA in accordance with the following: ADA /mm/jsg /f:rowmisc /tevar /te6751e.doc1 Version: March 9, 1994 11:40 Page 1 See Attachment C which is attached hereto and made a part hereof. B. PERMITTEE covenants and agrees to exercise the entitlements herein conveyed in accordance with the following: See Attachment C which is attached hereto and made a part hereof. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. D. PERMITTEE agrees that PERMITTEE's duties and obligations under this Covenant are a lien upon the DOMINANT ESTATE. Upon notice and opportunity to respond, CITY may add to the property tax bill of the DOMINANT ESTATE any past due financial obligation owing to CITY by way of this Covenant. E. By accepting the benefits of this Covenant, PERMITTEE acknowledges that PERMITTEE has no title to the PUBLIC BEACH RECREATIONAL AREA and waives all right to that title. F. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. G. Failure of PERMITTEE to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. H. PERMITTEE recognizes and understands that this Covenant may create a possessory interest subject to property taxation and that the PERMITTEE may be subject to the payment of property taxes levied on such interest. I. As conditions precedent to PERMITTEE's right to go upon the PUBLIC BEACH RECREATIONAL AREA: 1. This Covenant must first be signed by the PERMITTEE and notarized; and then executed by the CITY and recorded with the County Recorder of the County of San Diego. Any recording fee shall be paid by PERMITTEE; 2. PERMITTEE must fully satisfy each and every condition precedent to the exercise of PERMITTEE's entitlement to go upon the PUBLIC BEACH RECREATIONAL AREA; and ADA /mm/jsg /f:rowmisc /tevar /te6751e.doc2 Version: March 9, 1994 11:40 Page 2 3. PERMITTEE must first comply with the State Coastal Act by either obtaining the approval of the State Coastal Commission, obtaining a waiver thereof, or qualifying for an exemption therefrom, as needed to construct the seawall on public property and traverse the PUBLIC BEACH RECREATIONAL AREA to construct the seawall. J. This Covenant does not preclude PERMITTEE from taking emergency, protective measures as approved by CITY. K. PERMITTEE agrees to provide written disclosures, and require written consent from, any and all future owners, partners, successors, heirs, personal representatives, transferees and assigns of PERMITTEE's interest in the PROPERTY to the effect that this Covenant is acceptable. Provided, however, if such consent is not rendered, it shall in no way affect the enforceability of this Covenant against such party. The consent shall expressly state that the party has received a copy of this Covenant and shall abide by the terms hereof. L. Upon PERMITTEE's transfer of the PROPERTY to a successor in interest, PERMITTEE may apply to the CITY for a release of PERMITTEE's personal obligations set forth in this Covenant. The CITY shall execute the requested release if it is demonstrated that the successor in interest has fully assumed the obligations herein. M. As delegated by the State Lands Commission, the City hereby conveys State Lands Commission permission to the PERMITTEE to traverse the PUBLIC BEACH RECREATIONAL AREA to construct the seawall and to construct the seawall on public property. ACCEPTED AND AGREED: PERMITTEE Dated �D �✓ Dated (Notar zation of PERMITTEE signature is attached.) I certify on behalf of the City Council of the City of Encinitas, pursuant to the authority conferred by said City Council, that the City is authorized to execute th' Covenant. Dated -0 By r Archibald, P.E. Director of Engineering Services (Notarization not required) ADA /mm /jsg /f:rowmisc /tevar /te6751e.doc3 Version: March 9, 1994 11:40 Page 3 CALIFVtiIVIN State of CG� ;F� c�;u - County of C'�� ` i I✓ i I �� U before me, � S On 1 t Name and eeA_ w+e ooe Maury Date ( personally appealed Namef )otsisl O personally known to me _ OR – proved to me on the basis of satisfactory evidence to.be the person whose nameWSi are subscd to the within instrument and ack edged to me tha h /she/they executed the s e i er/their authorized capacity(ie , and that by er/their signature on the instrumen{{ the pson(Xj or the entity upon be alf of which the person )acted, DIONNE M. BEESON It 198652 executed the instrument. coMM. NOTARYPUBI.IGCAIIFORMA SAN DIE00 OpUNTY WITNESS mv hand an d offi al. Signature of Notary P ' OPTIONAL Though the information below is not required-by. ia w, it may. prove valuable to persor!s 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: Capacitykies) Claimed by Signer(s) Signer's Name: Signer's N e: ❑ Individual ndividual Q Corporate Officer O Corporate Officer Trtie(s): Title(s): ❑ Partner — ❑Limited ❑ General 0 Partner — O Limited 0 General ❑ Attomey -in -Fact O Attomey -in -Fact - O Trustee _ ❑ Trustee .: - ❑ Guarcrian or-Conservator 0 Guardian or• Conservator • ❑Other Top of ttwmb here ❑ Other.. Top of thornb here Signer Is Representing: Signer 1s Representing: . - 7184 - Ea Pi _ - - - Btod.,Fto, 5907 _ ; �; _ - -.: ; o < tieooder: Call Tort -Frye _7.80p87fi1i827 o 1994 Nalionaf Notary Association- 8236 RntwoefAW.- .4E-- Q;f�??�._. INDBMUAL ACKNOWLEDGMENT STATE OF WASENGTON. ss. l� IIR11lIIR G LIB. � County of Wb � � wa 7.2t 7 that I know or have satish=ory• evidence that T is the person who appeared before me, and saidperson acknowledged that signed this instru- . .r .meat and acknowledged it to be &!1'l- free and voluntary act for the uses and purposes mentioned in the instrument. n Dated this day of Print Name ! Notary Public in and for the State of My appointment expires: ATTACHMENT A TO COVENANT REGARDING GRANT OF BEACH ACCESS ENCROACHMENT PERMIT FOR ACCESS ACROSS PUBLIC BEACH TO SEAWALL CONSTRUCTION SITE [John Michael Brown and Patricia D. Brown] PROPERTY DESCRIPTION: DOMINANT ESTATE Parcel 1 of Parcel Map No. 11659 in the City of Encinitas, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, September 10, 1981. Excepting from all of the above described property that portion thereof, if any, now or heretofore lying below the mean high tide line of the Pacific Ocean. ADA /mm/jsg /f:rowmisc /tevar /te6751e.doc4 Version: March 9, 1994 11:40 Page 4 ATTACHMENT B TO COVENANT REGARDING GRANT OF BEACH ACCESS ENCROACHMENT PERMIT FOR ACCESS ACROSS PUBLIC BEACH TO SEAWALL CONSTRUCTION SITE [John Michael Brown and Patricia D. Brown] LOCATION: PUBLIC BEACH RECREATIONAL AREA Access to job site across Moonlight Beach State Park, Seaside Gardens Park, Encinitas Beach Park, State lands westerly of the Mean High Tide Line, and Ponto Beach State Park. Job site with respect to public beach described on Barrier Plan, Sheet B1, which follows: ADA /mm/jsg /f:rowmisc /tevar /te6751e.doc5 Version: March 9, 1994 11:40 Page 5 LEGEND TRAFFIC DELINEATORS NEPTUNE AVE. 858 -860 836 -838 RETAINING WALL D 11 2000 D D BEACH D D D D TIDE LINE C CONDOM - JOHNSON 836-864 NEPTUNE AVE, S HEEP p� 8 A ,N�. ENCINITAS, CA BI CONTNACTONi ANO NN61NtE1t� G'°M` °'d"EW'M N &HOTCREM BARRIER PLAN SHEET t OF 1 uN epNeuN� lA�Qlnwe."ftm IM . RF�p Nt-MN . w PW waw+ ATTACHMENT C TO COVENANT REGARDING GRANT OF BEACH ACCESS ENCROACHMENT PERMIT FOR ACCESS ACROSS PUBLIC BEACH TO SEAWALL CONSTRUCTION SITE [John Michael Brown and Patricia D. Brown] DESCRIPTION OF ENCROACHMENT PERMIT AND PERMITTEE's DUTIES AND OBLIGATIONS 1.0 LOCATION OF ENCROACHMENT AREA The location of the beach access encroachment area is depicted on the map which is contained in Attachment B to this Covenant. 2.0 PURPOSE OF ENCROACHMENT The purpose of the beach access encroachment permit is to entitle PERMITTEE to use the PUBLIC BEACH RECREATIONAL AREA as required for the construction of the seawall at the PROJECT SITE. 3.0 USE OF PUBLIC BEACH RECREATIONAL AREA 3.1 PERMITTEE shall submit to the City Engineer a written proposal setting forth the day[s], hour[s] and safety conditions in accordance with which PERMITTEE proposes to use of the PUBLIC BEACH RECREATIONAL AREA during the construction of the seawall. 3.2 The CITY's Engineer shall expeditiously issue written direction setting forth the day[s], hour[s] and safety conditions reasonably necessary to protect the public from PERMITTEE's use of the PUBLIC BEACH RECREATIONAL AREA during the construction of the seawall. 3.3 PERMITTEE agrees not to go upon or use the PUBLIC BEACH RECREATIONAL AREA for any purpose involving the construction of the seawall at the PROJECT SITE on any day or at any hour, except in complete conformance with the terms and conditions of this Covenant which includes the written directions signed by the CITY's Engineer. 4.0 TERM OF ENCROACHMENT PERMIT This COVENANT shall be effective upon its execution by the CITY and shall remain in effect until canceled by the CITY. ADA /mm/jsg /f:rowmisc /tevar /te6751e.doc6 Version: March 9, 1994 11:40 Page 6 5.0 OTHER PROVISIONS In consideration of CITY's execution of this Covenant: 5.1 PERMITTEE waives the right to object to the formation of any geologic hazard abatement district, assessment district or maintenance district which includes within its boundaries the DOMINANT ESTATE and which concerns sand replenishment or the stabilization of the DOMINANT ESTATE property. 5.2 PERMITTEE agrees that if and when the CITY or a special district determines that it is necessary for the DOMINANT ESTATE to participate in a project which addresses the stabilization of the DOMINANT ESTATE property, the PERMITTEE shall either construct the project or pay PERMITTEE's fair share of the cost to construct such project. 5.3 PERMITTEE agrees not to develop in any manner the DOMINANT ESTATE except as authorized by CITY's ordinances and then only in accordance with issued permits. Among other things, but without limitation, this shall prohibit the alteration of land forms and the erection of structures of any type, except as permitted or authorized by CITY. 6.0 ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS AND POSSIBLE CONSEQUENCES: WAIVERS 6.1 ASSUMPTION ON RISKS BY PERMITTEE PERMITTEE acknowledges and assumes the risk that: a. the design, construction, maintenance, or functioning of the seawall may not result in the stabilization of the DOMINANT ESTATE and may result in the destabilization of the DOMINANT ESTATE and may otherwise cause damage to the DOMINANT ESTATE, the public beach, persons, adjacent public or private property, or other property; b. The use of the PUBLIC BEACH RECREATION AREA as set forth in Part 3.0 herein above, may result in the destabilization of the DOMINANT ESTATE and may otherwise cause damage to the DOMINANT ESTATE, the public beach, persons, adjacent public or private property, or property in the vicinity; and C. Aspects of the seawall project may be judicially challenged by third parties. 6.2 WAIVER OF CLAIMS AGAINST CITY For claims that are alleged to have arisen, directly or indirectly, from the plans, design, ADA /mm/jsg /f:rowmisc /tevar /te6751e.doc7 Version: March 9, 1994 11:40 Page 7 construction, maintenance, functioning or failure of the seawall or from the use of the PUBLIC BEACH RECREATION AREA as set forth in Part 3.0 herein above, PERMITTEE unconditionally waives all present and future claims against CITY and CITY's officers, officials, employees, and agents. 6.3 PERMITTEE's waiver herein includes, but is not limited to, claims concerning PERMITTEE's use of the PUBLIC BEACH RECREATION • AREA; alleged defects in the plan, design, construction, maintenance, or functioning of the seawall; alleged defects in the materials furnished in the construction of the seawall; alleged injury to persons or property allegedly caused by, or in any way related to, the seawall or PERMITTEE's use of the PUBLIC RECREATION AREA; or any alleged inverse condemnation of property as a consequence of the design, construction, maintenance or functioning of the seawall. This Section is expressly not intended to act as a limitation to the broad waiver set forth in Section 6.2. 6.4 PERMITTEE agrees that for claims that are alleged to have arisen, directly or indirectly, from the CITY's efforts to assist PERMITTEE in constructing a seawall or using the PUBLIC BEACH RECREATION AREA, PERMITTEE unconditionally waives all present and future claims against CITY and CITY's officers, officials, employees, and agents. 6.5 PERMITTEE's waiver set forth in Sections 6.2, 6.3 and 6.4 does not apply to claims that are alleged to have arisen out of the sole, active negligence or deliberate, wrongful act of CITY. 6.6 It is further understood and agreed that all of PERMITTEE's rights under § 1542 of the Civil Code of the State of California and any similar law of any state or territory of the United States are hereby expressly waived with respect to claims against CITY and CITY's officers, officials, employees, and agents relating to the seawall or the use of the PUBLIC BEACH RECREATION AREA. Section 1542 reads as follows: 1542. Certain claims not affected by eneral release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. 7.0 ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS AND POSSIBLE CONSEQUENCES: INDEMNIFICATION AND HOLD HARMLESS 7.1 PERMITTEE TO INDEMNIFY AND HOLD CITY HARMLESS PERMITTEE agrees to indemnify and hold CITY and CITY's officers, officials, ADA /mm/jsg /f:rowmisc /tevar /te6751e.doc8 Version: March 9, 1994 11:40 Page 8 employees and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages and costs, including all costs of defense thereof including attorneys' fees, arising out of, or in any manner connected directly or indirectly with, any acts or omissions of PERMITTEE or PERMITTEE's agents, employees, subcontractors, officials, officers or representatives in respect to the seawall or the use of the PUBLIC BEACH RECREATION AREA. Upon demand, PERMITTEE shall, at its own expense, defend CITY and CITY's officers, officials, employees and agents, from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs. 7.2 PERMITTEE agrees to indemnify and hold CITY and CITY's officers, officials, employees and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages and costs, including all costs of defense thereof including attorneys' fees, arising out of, or in any manner connected directly or indirectly with, the CITY's efforts or actions to assist PERMITTEE in the seawall construction. 7.3 PERMITTEE's indemnification and hold harmless obligation herein includes, but is not limited to, claims concerning alleged defects in the plans, specifications and design of the seawall; but does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of a defect in the plans, specifications or design that is a result of a change required by CITY to the PERMITTEE's proposed plans, specifications or design so long as such change is objected to, in writing, by PERMITTEE, and the writing is filed with the City Engineer more than ten days prior to the commencement of work. 7.4 PERMITTEE's indemnification and hold harmless obligation herein includes, but is not limited to, claims concerning PERMITTEE's use of the PUBLIC BEACH RECREATION AREA; alleged defects in the plan, design, construction, maintenance, or functioning of the seawall; alleged defects in the materials furnished in the construction of the seawall; alleged injury to persons or property allegedly caused by, or in any way related to the seawall or PERMITTEE's use of the PUBLIC RECREATION AREA; or any alleged inverse condemnation of property as a consequence of the design, construction, maintenance or functioning of the seawall. This Section is expressly not intended to act as a limitation to the broad indemnification and hold harmless provisions set forth in Sections 7.1, 7.2 and 7.3. 7.5 By approving the improvement plans, specifications and design or by inspecting or approving the seawall or the use of the PUBLIC BEACH RECREATION AREA, CITY shall not have waived the protection afforded herein to CITY and CITY's officers, officials, employees and agents or diminished the obligation of PERMITTEE who shall ADA /mm/jsg /f:rowmisc /tevar /te6751e.doc9 Version: March 9, 1994 11:40 Page 9 remain obligated in the same degree to indemnify and hold CITY and CITY's officers, officials, employees and agents, harmless as specifically provided above. 7.6 PERMITTEE's obligation herein does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of CITY's intentional wrongful acts, CITY's violations of law, or CITY's sole active negligence. 7.7 The CITY herein expressly does not waive any defenses, immunities or other protections from liability afforded to the CITY by the laws of the United States or the State of California, to include without limitation, the California Government Code. ADA /mm/jsg /f:rowmisc /tevar /te6751e.doclOVersion: March 9, 1994 11:40 Page 10 THE OF T' H DOCUFF.�ff U Wk,-', RECIORDE"D ON RPR 0,S), 2`001 Recording Requested By: -, -;!.") ?i Do"UMENT NUMBER 9 001 ) . I i.A. City Engineer JRIGOW Jl, WTH, CAUNITY RECOR111ER L SAN D, FTUURDER�S 09 When Recorded Mail To: -IMF. 9:39 AM City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY: HOLD CITY HARMLESS FOR BLUFF FAILURE Assessor's Parcel Case No. 00-062 MUP No. 256-011-17-(01,02) Permit No. 6751TE W.O. No. 6751TE A. John Michael Brown and Patricia D. Brown ("OWNER" hereinafter) are the owners of real property which is commonly known as 836 and 838 Neptune Avenue ("PROPERTY" hereinafter) and which is described as follows: See Attachment A which is attached hereto and made a part hereof. B. In consideration of a Beach Encroachment Permit and a Major Use Permit by the City of Encinitas ("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of CITY, to do the following: See Attachment B which is attached hereto and made a part hereof. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. D. OWNER agrees that OWNER's duties and obligations under ADA/mm/jsg/f:rowmisc/tevar/te6751h.doc1 10e10a 1 JAN 90 this Covenant are a lien upon the PROPERTY. Upon notice and opportunity to respond, CITY may add to the property tax bill of the PROPERTY any past due financial obligation owing to CITY by way of this Covenant. E. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. F. Failure of OWNER to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. ACCEPTED AND AGREED: �- OWNE / Dated Dated u` ) �� / , .- �'�, ��, `' �1� � (Notarization of OWNER signature is attached.) CITY OF ENCINITAS Dated 2 -1-7, '6 by k JJ4 Alan D. Archibald, P.E. (Notarization not required) Director of Engineering Services ADA /mm/jsg /f:rowmisc /tevar /te6751h.doc2 10el0a 1 JAN 90 CALIF ORNIA ALL-VUtAV%J-v1L-_ ' State of v CA ` ; � � C,\ - - County of or,, ` d rAI L j / UO before me, On ` J Date Name and (e.9- Jane Doe, Notary Pear {') personally appeared h > Name(s) d $,gnee(s) ❑ personally known to me OR -�1 proved to me on the basis ol satisfactory evidence to.be the person whose name( *re subscribgato the within instrument and acknowledged to me th she/they executed the e i h( erftheir authori ca ze padty( ), and that by hi dtheir signatur!0 on the instrument the personK. or the entity upon behalf of which the person acted, VMM M . 18� executed the instrument. NOTARYPUBUOCAUFORNA —14 �SAN ,p 1E ,: WITNESS an o i Signature of Notary Pubk OPTIONAL Though the information below is not requiredbylaw it may.prove valuable (o persons retyiog the docume a_ nd could prevent fraudulent removal and reattachment of this loam to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: igner's Name: ❑ Individual ❑ Individual O Corporate Officer O Corporate Officer Title(s): Title(s): O Partner — O Limited C eneral t] Partner — ❑ Limited O General ❑ Attorney -in -Fact - O 'Attomey -in -Fact . ❑ Trustee _ O Trustee - . - - _ ❑ Guardian o senrator - C1 Guardian ( Guardian o_ onservator ❑ Other: Top of ltuxrtb nee O Other Top a rnt�t r,ete Srgner Is Representing: Signer Is Representing: 01991 National Notary nssocialipn -826 RemrteCM�e ;.PQ; Qo+mc 71&1 eat?°9- ?- P3!k.��RYL�:I; .. :.:� �_- s: _.P�d.•NO; 5907 _ __..,;« Reorde�eaG Ton- FFe:1�Ot)�T6.6827 09/23/99 'wu i4: 4a rAb cuo gnu auju UMBIIDUAL ACKNOWLEDGMENT STATE OF WASMN(;rON. Notary Pubac ss- state of W a#*igton ARTHUR C. 7ASTROW, At County of / My Appoin *wd 6PkM Aug 7 2004 that I know or have satisfacto evidence that 3 cerrtzfy � . is the person who . appeared before me, and said-person acknowledged that ,L dgned this instru meatand acknowledged it to be free and voluntary act for the uses and purposes mentioned in the instrument. Dated this U day of Print Name Notary Public in and for the State of My appointment expires: � � � ATTACHMENT A TO COVENANT REGARDING REAL PROPERTY: HOLD CITY HARMLESS FOR BLUFF FAILURE PERMIT NO. 6751TE PROPERTY DESCRIPTION Parcel 1 of Parcel Map No. 11659 in the City of Encinitas, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, September 10, 1981. Excepting from all of the above described property that portion thereof, if any, now or heretofore lying below the mean high tide line of the Pacific Ocean. ADA /mm/jsg /f:rowmisc /tevar /te6751h.doc3 10e10a 1 JAN 90 ATTACHMENT B TO COVENANT REGARDING REAL PROPERTY: HOLD CITY HARMLESS FOR BLUFF FAILURE PERMIT NO. 6751TE OWNER'S DUTIES AND OBLIGATIONS 1. For claims that are alleged to have arisen, directly or indirectly, from any bluff failure or erosion associated with the PROPERTY or the plans, design, construction or maintenance of OWNER's improvements, OWNER unconditionally waives all present and future claims against CITY and CITY's officers, officials, employees, and agents. This waiver does not apply to claims that are alleged to have arisen out of the sole, active negligence or deliberate, wrongful act of CITY. 2. It is further understood and agreed that all of OWNER'S rights under § 1542 of the Civil Code of the State of California and any similar law of any state or territory of the United States are hereby expressly waived. § 1542 reads as follows: 1542. Certain claims not affected by general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. 3. OWNER agrees to indemnify and hold CITY and CITY's officers, officials, employees and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages and costs, including all costs of defense thereof, arising out of, or in any manner connected directly or indirectly with, any acts or omissions of OWNER or OWNER's agents, ADA /mm/jsg /f:rowmisc /tevar /te6751h.doc4 10e10a 1 JAN 90 employees, subcontractors, officials, officers or representatives. Upon demand, OWNER shall, at its own expense, defend CITY and CITY's officers, officials, employees and agents, from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs. OWNER's obligation herein includes, but is not limited to, alleged defects in the plans, specifications and design of the r improvements; but does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of a defect in the plans, specifications or design that is a result of a change required by CITY to the OWNER's proposed plans, specifications or design so long as such change is objected to, in writing, by OWNER, and the writing is filed with the City Engineer more than ten days prior to the commencement of work. OWNER's obligation herein includes, but is not limited to, alleged defects in the construction of the improvements; alleged defects in the materials furnished in the construction of the improvements; alleged injury to persons or property; and any alleged inverse condemnation of property as a consequence of the design, construction, or maintenance of the improvements. By approving the improvement plans, specifications and design or by inspecting or approving the improvements, CITY shall not have waived the protections afforded herein to CITY and CITY's officers, officials, employees and agents or diminished thQ obligation of OWNER who shall remain obligated in the same degree to indemnify and hold CITY and CITY's officers, officials, ADA /mm /jsg /f:rowmisc /tevar /te6751h.doc5 10e10a 1 JAN 90 employees and agents, harmless as provided above. OWNER's obligation herein does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of the CITY's intentional wrongful acts, CITY's violations of law, or CITY's sole active negligence. 4. OWNER hereby agrees not to develop in any manner the PROPERTY except as authorized by CITY's ordinances and then only in accordance with issued permits. Among other things, but without limitation, this shall prohibit the alteration of land forms, removal of vegetation and the erection of structures of any type, except as permitted or authorization by CITY. 5. This Covenant does not preclude OWNER taking emergency, protective measures as approved by CITY. ADA /mm/jsg /f:rowmisc /tevar /te6751h.doc6 10e10a 1 JAN 90 r HE 04`IGINAL. OF Recording Requested By* `PPORDED ON -APR E D-01 DOPUMENT RIMBER 9 00.1 - 01.9 72.4 City Engineer GRED RY J. SMITH CAUNTY RF "IRDER When Recorded Mail To: SAIN PH1311 COUNTY RECORDER'S OFFICE TTME, 9 AM City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY: HOLD CITY HARMLESS FOR BLUFF FAILURE Assessor's Parcel Case No. 00-062 MUP No. 254-311-05 Permit No. 6751TE W.O. No. 6751TE A. Richard R. Sonnie and Lupe L. Sonnie ("OWNER" hereinafter) are the owners of real property which is commonly known as 858 and 860 Neptune Avenue ("PROPERTY" hereinafter) and which is described as follows: See Attachment A which is attached hereto and made a part hereof. B. In consideration of a Beach Encroachment Permit and a Major Use Permit by the City of Encinitas ("CITY" hereinafter) , OWNER hereby covenants and agrees for the benefit of CITY, to do the following: See Attachment B which is attached hereto and made a part hereof. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. D. OWNER agrees that OWNER's duties and obligations under ADA/mm/jsg/f:rowmisc/tevar/te6751h2.doc1 10e10a 1 JAN 90 this Covenant are a lien upon the PROPERTY. Upon notice and opportunity to respond, CITY may add to the property tax bill of the PROPERTY any past due financial obligation owing to CITY by way of this Covenant. E. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. F. Failure of OWNER to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. ACCEPTED AND AGREED: 70WRR r-- Dated (o 0 , d i Dated (Notarization of OWNER sign ture is attached.) CITY OF ENCINITAS Dated 2 — by 1,,AvJ k, ii m " - Alan D. Archibald, P.E. (Notarization not required) Director of Engineering Services ADA /mm /jsg /f:rowmisc /tevar /te675lh2.doc2 10el0a 1 JAN 90 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of LO s v►Ct -- 5 On �eC . ( () before me, RW-QXs , via it Nile Dattf Name and Title of Officer (e.gl " ne Doe Notary Public" personally appeared L +� �• �,v , e , Lt , , p 5 G Name( of Signer(r ❑ personally known to me improved to me on the basis of satisfactory evidence � to be the person($) whose namepry islam subscribed to the within instrument and acknowledged to me that #e /she /they executed the same in .lots /her/•t+ietr authorized h4s / /tbtr here N JENNIFER ROGERS ca P acit Y(!} and that b y COMM. #1244290 signatures,) on the instrument the personO, or LI-a. NOTARYPUBLIC- CALIFORN the entity upon behalf of which the person(F) Dec LOS ANGELES 2,20 acted, executed the instrument. ; I MY comm. E>p. WITNESS my hand and official seal. X/0, 4, A i Place Notary Seal Above Signature of Notary P,061ic `I OPTIONAL' I Though the information 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: . (' .� } 2e 0 0 -Cc-1 Document Date: Number of Pages: I Signer(s) Other Than Named Above: i Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual - Top of thumb here ❑ Corporate Officer — Title(s): I ❑ Partner — ❑ Limited ❑ General 1 ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1- 800 -B76 -6827 CALIFORNIA ALL - PURPOSE ACKNOWLEDG I State of California ss. County of Los f vig ei es I On )00 before me, Efate Name and Title of Offi e.g., "Jane Doe, Nota P lic•') personally appeared R t c�0.rd IZ • Jp„ -%V," e Name( of Signer(t ❑ personally known to me X proved to me on the basis of satisfactory evidencef I to be the personO whose name(i) is4wQ subscribed to the within instrument and I acknowledged to me that he/shae t y executed •••••� the same in his/#eeir authorized ; JENNIFER ROGER capacity(iae•), and that by his / 4oir r COMM. #1244290 o signature(,e�'on the instrument the person or •m NOTARY PUBLIC - CALIFORNIA S� LOS ANGELES COUNTY the entity upon behalf of which the person(?) My Comm. Exp. Dec. 2,2003 acted, executed the instrument. I WITNESS my hand and official seal. I' Place Notary Seal Above Signature of Notary P I` I OPTIONAL Though the information 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. I Description of Attached Document Title or Type of Document: e o., i 2 ) Document Date: Number of Pages: I, I I I Signer(s) Other Than Named Above: i Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual - Top of thumb here I ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I ❑ Other: I Signer Is Representing: I f © 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 ATTACHMENT A TO COVENANT REGARDING REAL PROPERTY: HOLD CITY HARMLESS FOR BLUFF FAILURE PERMIT NO. 6751TE PROPERTY DESCRIPTION All that portion of Blocks "B" and "D" in South Coast Park No. 2, City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1859, filed in the Office of the County Recorder of San Diego County, described as follows: Beginning at the Southeasterly corner of Block "B "; thence along the Southerly line of said Block "B" and the Westerly prolongation thereof into said Block "D" South 741630" West a distance of 236.41 feet to a Point in the Easterly line of that portion of said Block "D" as conveyed by the South Coast Land Company to San Diego County, by Deed recorded in Book 1731, Page 258 of Deeds; thence North 23 0 09'50" West along said Easterly line of the San Diego County Land 50 feet to a Point; thence Easterly in a direct line across said Blocks "D" and "B" to a Point in the Easterly line of said Block "B ", said Point being North 23 034'45" West - record North 23 °35'33" West - 50 feet from said Southeasterly corner of Block "B "; thence South 23 034'45" East - record South 23 °35'33" East - along the said Easterly line of Block "B" 50 feet to the Point of Beginning. Excepting any portion lying within Ponto State Beach as delineated and shown on Record of Survey Map No. 7038, filed in the Office of the County Recorder of San Diego County. Also, Excepting Therefrom all of the above described property that portion thereof, if any, now or heretofore lying below the mean high tide line of the Pacific Ocean. ADA /mm/jsg /f:rowmisc /tevar /te6751h2.doc3 10e10a 1 JAN 90 ATTACHMENT B TO COVENANT REGARDING REAL PROPERTY: HOLD CITY HARMLESS FOR BLUFF FAILURE PERMIT NO. 6751TE OWNER'S DUTIES AND OBLIGATIONS 1. For claims that are alleged to have arisen, directly or indirectly, from any bluff failure or erosion associated with the PROPERTY or the plans, design, construction or maintenance of OWNER's improvements, OWNER unconditionally waives all present and future claims against CITY and CITY's officers, officials, employees, and agents. This waiver does not apply to claims that are alleged to have arisen out of the sole, active negligence or deliberate, wrongful act of CITY. 2. It is further understood and agreed that all of OWNER'S rights under § 1542 of the Civil Code of the State of California and any similar law of any state or territory of the United States are hereby expressly waived. § 1542 reads as follows: 1542. Certain claims not affected by general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. 3. OWNER agrees to indemnify and hold CITY and CITY's officers, officials, employees and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages and costs, including all costs of defense thereof, arising out of, or in any manner connected directly or indirectly with, any acts or omissions of OWNER or OWNER's agents, ADA /mm/jsg /f:rowmisc /tevar /te6751h2.doc4 10e10a 1 JAN 90 employees, subcontractors, officials, officers or representatives. Upon demand, OWNER shall, at its own expense, defend CITY and CITY's officers, officials, employees and agents, from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs. OWNER's obligation herein includes, but is not limited to, alleged defects in the plans, specifications and design of the improvements; but does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of a defect in the plans, specifications or design that is a result of a change required by CITY to the OWNER's proposed plans, specifications or design so long as such change is objected to, in writing, by OWNER, and the writing is filed with the City Engineer more than ten days prior to the commencement of work. OWNER's obligation herein includes, but is not limited to, alleged defects in the construction of the improvements; alleged defects in the materials furnished in the construction of the improvements; alleged injury to persons or property; and any alleged inverse condemnation of property as a consequence of the design, construction, or maintenance of the improvements. By approving the improvement plans, specifications and design or by inspecting or approving the improvements, CITY shall not have waived the protections afforded herein to CITY and CITY's officers, officials, employees and agents or diminished the obligation of OWNER who shall remain obligated in the same degree to indemnify and hold CITY and CITY's officers, officials, ADA /mm /jsg /f:rowmisc /tevar /te6751h2.doc5 10el0a 1 JAN 90 employees and agents, harmless as provided above. OWNER's obligation herein does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of the CITY's intentional wrongful acts, CITY's violations of law, or CITY's sole active negligence. 4. OWNER hereby agrees not to develop in any manner the PROPERTY except as authorized by CITY's ordinances and then only in accordance with issued permits. Among other things, but without limitation, this shall prohibit the alteration of land forms, removal of vegetation and the erection of structures of any type, except as permitted or authorization by CITY. 5. This Covenant does not preclude OWNER taking emergency, protective measures as approved by CITY. ADA /mm/jsg /f:rowmisc /tevar /te6751h2.doc6 10e10a 1 JAN 90 THE iP NO i EF Ti i_T DOCUMENT WAS RECORDED ON APR 0 5 C. - DOCUMENT NUMBER 2001 GREGORY J. SMITH, COUNTY RECORDER Recording Requested By: ) SAN DIEGO COUNTY RECORDER'S OFFICE City Engineer ) TIME: 1 3:42 AM When Recorded Mail To: ) City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING GRANT OF BEACH ACCESS ENCROACHMENT PERMIT FOR ACCESS ACROSS PUBLIC BEACH TO SEAWALL CONSTRUCTION SITE [Richard R. Sonnie and Lupe L. Sonnie] Assessor's Parcel Case No. 00- 062MUP No. 254 - 311 -05 -00 Permit No. 6751TE W.O. No. 6751TE WHEREAS, Richard R. Sonnie and Lupe L. Sonnie ( "PERMITTEE" hereinafter) are the owners of bluff top, ocean front real property which is commonly known as 858 and 860 Neptune Avenue ( "DOMINANT ESTATE" hereinafter) and which is described as follows: See Attachment A which is attached hereto and made a part hereof. WHEREAS, the City of Encinitas ( "CITY" hereinafter), a municipal corporation, holds an interest in beach property ( "PUBLIC BEACH RECREATIONAL AREA" hereinafter) located in the vicinity of the DOMINANT ESTATE and more fully described as follows: See Attachment B which is attached hereto and made a part hereof. WHEREAS, PERMITTEE desires to construct a seawall at a location immediately seaward of the DOMINANT ESTATE ( "PROJECT SITE" hereinafter) and must cross and otherwise use the PUBLIC BEACH RECREATIONAL AREA during the construction of the seawall on the PROJECT SITE. WHEREAS, PERMITTEE desires an entitlement to use the PUBLIC BEACH RECREATIONAL AREA during the construction of the seawall; NOW THEREFORE, it is agreed as follows: A. CITY hereby grants to PERMITTEE an encroachment permit in respect to the PUBLIC BEACH RECREATIONAL AREA in accordance with the following: ADA /mm/jsg /f:rowmisc /tevar /te6751e2.doc1 Version: March 9, 1994 11:40 Page 1 See Attachment C which is attached hereto and made a part hereof. B. PERMITTEE covenants and agrees to exercise the entitlements herein conveyed in accordance with the following: See Attachment C which is attached hereto and made a part hereof. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. D. PERMITTEE agrees that PERMITTEE's duties and obligations under this Covenant are a lien upon the DOMINANT ESTATE. Upon notice and opportunity to respond, CITY may add to the property tax bill of the DOMINANT ESTATE any past due financial obligation owing to CITY by way of this Covenant. E. By accepting the benefits of this Covenant, PERMITTEE acknowledges that PERMITTEE has no title to the PUBLIC BEACH RECREATIONAL AREA and waives all right to that title. F. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. G. Failure of PERMITTEE to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. H. PERMITTEE recognizes and understands that this Covenant may create a possessory interest subject to property taxation and that the PERMITTEE may be subject to the payment of property taxes levied on such interest. I. As conditions precedent to PERMITTEE's right to go upon the PUBLIC BEACH RECREATIONAL AREA: 1. This Covenant must first be signed by the PERMITTEE and notarized; and then executed by the CITY and recorded with the County Recorder of the County of San Diego. Any recording fee shall be paid by PERMITTEE; 2. PERMITTEE must fully satisfy each and every condition precedent to the exercise of PERMITTEE's entitlement to go upon the PUBLIC BEACH RECREATIONAL AREA; and 3. PERMITTEE must first comply with the State Coastal Act ADA /mm/jsg /f:rowmisc /tevar /te6751e2.doc2 Version: March 9, 1994 11:40 Page 2 by either obtaining the approval of the State Coastal Commission, obtaining a waiver thereof, or qualifying for an exemption therefrom, as needed to construct the seawall _on public property and traverse the PUBLIC BEACH RECREATIONAL AREA to construct the seawall. J. This Covenant does not preclude PERMITTEE from taking emergency, protective measures as approved by CITY. K. PERMITTEE agrees to provide written disclosures, and require written consent from, any and all future owners, partners, successors, heirs, personal representatives, transferees and assigns of PERMITTEE's interest in the PROPERTY to the effect that this Covenant is acceptable. Provided, however, if such consent is not rendered, it shall in no way affect the enforceability of this Covenant against such party. The consent shall expressly state that the party has received a copy of this Covenant and shall abide by the terms hereof. L. Upon PERMITTEE's transfer of the PROPERTY to a successor in interest, PERMITTEE may apply to the CITY for a release of PERMITTEE's personal obligations set forth in this Covenant. The CITY shall execute the requested release if it is demonstrated that the successor in interest has fully assumed the obligations herein. M. As delegated by the State Lands Commission, the City hereby conveys State Lands Commission permission to the PERMITTEE to traverse the PUBLIC BEACH RECREATIONAL AREA to construct the seawall and to construct the seawall on public property. ACCEPTED AND AGREED: _ ERMI E Dated Dated 1 (Notarization 6f PERMI E sig a tfur6 is attached.) I certify on behalf of the City Council of the City of Encinitas, pursuant to the authority conferred by said City Council, that the City is authorized to execute th' Covenant. Dated 2 �[) By Alan D. Archibald, P.E. Director of Engineering Services (Notarization not required) ADA /mm/jsg /f:rowmisc /tevar /te6751e2.doc3 Version: March 9, 1994 11:40 Page 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT y � State of California ss. County of LOS t.,C� ( I� On �2C -(p �(�O , before me, ��► -� �( I�oq �( b�U �7rtV fX,��ItL , } Dafe Name and TitTe of Officer (e- "Jane D e, Notary Publ ") personally appeared L"; )-e- L . Sc I' ' i E. , Name(i) of Signer( , ❑ personally known to me ,2�,proved to me on the basis of satisfactory evidence I to be the person( ?) whose name(pr) is/.are subscribed to the within instrument and acknowledged to me that he/she /40Iey executed the same in Isis /herA4+eHr authorized ..��...�•••N�"°"' capacity(ies), and that by 4 s /herA#49W JENNIFER ROGERS NH COMM. #1244290 signature(s� the instrument the person, or Q -m NOTARY PUBLIC•CALIFORNIA the entity upon behalf of which the person(A LOS ANGELES COUNTY acted, executed the instrument. My Comm. E4. DW.2 2003 WITNESS my hand and official seal. i /�- I Place Notary Seal Above 1 4 Signature of NotArtPublic ' I OPTIONAL Though the information 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. i � l Description of Attached Document Title or Type of Document: Co ve.,ci.,,,_l "R-eacvt -R G6, -14± C-(- J? 1+a I Document Date: Number of Pages: i Signer(s) Other Than Named Above: I -. l I. Capacity(ies) Claimed by Signer �I Signer's Name: _ ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): i ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: I. Signer Is Representing: 0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.nationainotary.org Prod. No. 5907 Reorder: Call Toll -Free 1 -800- 878-8827 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California n S ss. County of L-0. i� On DEC - (0, 20 00 before me, no ( ), C I ; Date d Name and Title of Office g., "Jan Doe, Notary ubli ") r personally appeared f 1 C�sd 1 5{� ; 2 Name(s) of Signer(s) O personally known to me kproved to me on the basis of satisfactory evidence I !I to be the personO whose name( ishwe subscribed to the within instrument and acknowledged to me that he /sexy executed the same in hisA%44theif authorized JENNIFER ROGERS ca acit y 12 COMM. #1244290 p Y(* and that b his/ terfthsir 5 NOTARY PUBLIC - CALIFORNIA signature on the instrument the person(,), or LOS ANGELES COUNTY the entity upon behalf of which the person(, My Comm. Exp, Dec. 2, 2003 acted, executed the instrument. WITNESS my hand and official seal. i i Place Notary Seal Above Signature of IVFY Public I� OPTIONAL Though the information 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. I� Description of Attached Document Title or Type of Document: I RfIao , t, C e I �. Document Date: Number of Pages: I i Signer(s) Other Than Named Above: I Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual • I' Top of thumb here L_7 Corporate Officer — Title(s): i ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ( ❑ Guardian or Conservator ❑ Other: I� I I. Signer Is Representing: I' 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.nationalrwtary.org Prod. No. 5907 - Reorder: Call Toll -Free 1- 800 -876 -6827 ATTACHMENT A TO COVENANT REGARDING GRANT OF BEACH ACCESS ENCROACHMENT PERMIT FOR ACCESS ACROSS PUBLIC BEACH TO SEAWALL CONSTRUCTION SITE [Richard R. Sonnie and Lupe L. Sonnie] PROPERTY DESCRIPTION: DOMINANT ESTATE All that portion of Blocks "B" and "D" in South Coast Park No. 2, City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1859, filed in the Office of the County Recorder of San Diego County, described as follows: Beginning at the Southeasterly corner of Block "B "; thence along the Southerly line of said Block "B" and the Westerly prolongation thereof into said Block "D" South 74 0 16'30" West a distance of 236.41 feet to a Point in the Easterly line of that portion of said Block "D" as conveyed by the South Coast Land Company to San Diego County, by Deed recorded in Book 1731, Page 258 of Deeds; thence North 23 0 09'50" West along said Easterly line of the San Diego County Land 50 feet to a Point; thence Easterly in a direct line across said Blocks "D" and "B" to a Point in the Easterly line of said Block "B ", said Point being North 23 0 34'45" West - record North 23 0 35'33" West - 50 feet from said Southeasterly corner of Block "B "; thence South 23 0 34'45" East - record South 23 °35'33" East - along the said Easterly line of Block "B" 50 feet to the Point of Beginning. Excepting any portion lying within Ponto State Beach as delineated and shown on Record of Survey Map No. 7038, filed in the Office of the County Recorder of San Diego County. Also, Excepting Therefrom all of the above described property that portion thereof, if any, now or heretofore lying below the mean high tide line of the Pacific Ocean. ADA /mm/jsg /f:rowmisc /tevar /te6751e2.doc4 Version: March 9, 1994 11:40 Page 4 ATTACHMENT B TO COVENANT REGARDING GRANT OF BEACH ACCESS ENCROACHMENT PERMIT FOR ACCESS ACROSS PUBLIC BEACH TO SEAWALL CONSTRUCTION SITE [Richard R. Sonnie and Lupe L. Sonnie] LOCATION: PUBLIC BEACH RECREATIONAL AREA Access to job site across Moonlight Beach State Park, Seaside Gardens Park, Encinitas Beach Park, State lands westerly of the Mean High Tide Line, and Ponto Beach State Park. Job site with respect to public beach described on Barrier Plan, Sheet B1, which follows: ADA /mm/jsg /f:rowmisc /tevar /te6751e2.doc5 Version: March 9, 1994 11:40 Page 5 LEGEND ° TRAFFIC DELINEATORS NEPTUNE AVE. 858 -860 836 -838 RETAINING WALL ° p ~:I (= ° `''� 1 2000 1 I o c. ° BEACH D D D D TIDE LINE Q LONDON - JOHNSON 836 -860 NEPTUNE AVE SHEET M i A ENC/N1TAS, CA ' B 1 CMMKL oorrww¢rowf wr�o eraneeews a , "G '°F" . SHOTMEM BARRIER PLAN SHEET 1 OF 1 tw eq�MJr4lA �R1gI1S016rY,raNM . RPlq w -nr . raPiq waist • ATTACHMENT C TO COVENANT REGARDING GRANT OF BEACH ACCESS ENCROACHMENT PERMIT FOR ACCESS ACROSS PUBLIC BEACH TO SEAWALL CONSTRUCTION SITE [Richard R. Sonnie and Lupe L. Sonnie] DESCRIPTION OF ENCROACHMENT PERMIT AND PERMITTEE's DUTIES AND OBLIGATIONS 1.0 LOCATION OF ENCROACHMENT AREA The location of the beach access encroachment area is depicted on the map which is contained in Attachment B to this Covenant. 2.0 PURPOSE OF ENCROACHMENT The purpose of the beach access encroachment permit is to entitle PERMITTEE to use the PUBLIC BEACH RECREATIONAL AREA as required for the construction of the seawall at the PROJECT SITE. 3.0 USE OF PUBLIC BEACH RECREATIONAL AREA 3.1 PERMITTEE shall submit to the City Engineer a written proposal setting forth the day[s], hour[s] and safety conditions in accordance with which PERMITTEE proposes to use of the PUBLIC BEACH RECREATIONAL AREA during the construction of the seawall. 3.2 The CITY's Engineer shall expeditiously issue written direction setting forth the day[s], hour[s] and safety conditions reasonably necessary to protect the public from PERMITTEE's use of the PUBLIC BEACH RECREATIONAL AREA during the construction of the seawall. 3.3 PERMITTEE agrees not to go upon or use the PUBLIC BEACH RECREATIONAL AREA for any purpose involving the construction of the seawall at the PROJECT SITE on any day or at any hour, except in complete conformance with the terms and conditions of this Covenant which includes the written directions signed by the CITY's Engineer. 4.0 TERM OF ENCROACHMENT PERMIT This COVENANT shall be effective upon its execution by the CITY and shall remain in effect until canceled by the CITY. ADA /mm/jsg /f:rowmisc /tevar /te6751e2.doc6 Version: March 9, 1994 11:40 Page 6 5.0 OTHER PROVISIONS In consideration of CITY's execution of this Covenant: 5.1 PERMITTEE waives the right to object to the formation of any geologic hazard abatement district, assessment district or maintenance district which includes within its boundaries the DOMINANT ESTATE and which concerns sand replenishment or the stabilization of the DOMINANT ESTATE property. 5.2 PERMITTEE agrees that if and when the CITY or a special district determines that it is necessary for the DOMINANT ESTATE to participate in a project which addresses the stabilization of the DOMINANT ESTATE property, the PERMITTEE shall either construct the project or pay PERMITTEE's fair share of the cost to construct such project. 5.3 PERMITTEE agrees not to develop in any manner the DOMINANT ESTATE except as authorized by CITY's ordinances and then only in accordance with issued permits. Among other things, but without limitation, this shall prohibit the alteration of land forms and the erection of structures of any type, except as permitted or authorized by CITY. 6.0 ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS AND POSSIBLE CONSEQUENCES: WAIVERS 6.1 ASSUMPTION ON RISKS BY PERMITTEE PERMITTEE acknowledges and assumes the risk that: a. the design, construction, maintenance, or functioning of the seawall may not result in the stabilization of the DOMINANT ESTATE and may result in the destabilization of the DOMINANT ESTATE and may otherwise cause damage to the DOMINANT ESTATE, the public beach, persons, adjacent public or private property, or other property; b. The use of the PUBLIC BEACH RECREATION AREA as set forth in Part 3.0 herein above, may result in the destabilization of the DOMINANT ESTATE and may otherwise cause damage to the DOMINANT ESTATE, the public beach, persons, adjacent public or private property, or property in the vicinity; and C. Aspects of the seawall project may be judicially challenged by third parties. 6.2 WAIVER OF CLAIMS AGAINST CITY For claims that are alleged to have arisen, directly or indirectly, from the plans, design, ADA /mm/jsg /f:rowmisc /tevar /te6751e2.doc7 Version: March 9, 1994 11:40 Page 7 construction, maintenance, functioning or failure of the seawall or from the use of the PUBLIC BEACH RECREATION AREA as set forth in Part 3.0 herein above, PERMITTEE unconditionally waives all present and future claims against CITY and CITY's officers, officials, employees, and agents. 6.3 PERMITTEE's waiver herein includes, but is not limited to, claims concerning PERMITTEE's use of the PUBLIC BEACH RECREATION AREA; alleged defects in the plan, design, construction, maintenance, or functioning of the seawall; alleged defects in the materials furnished in the construction of the seawall; alleged injury to persons or property allegedly caused by, or in any way related to, the seawall or PERMITTEE's use of the PUBLIC RECREATION AREA; or any alleged inverse condemnation of property as a consequence of the design, construction, maintenance or functioning of the seawall. This Section is expressly not intended to act as a limitation to the broad waiver set forth in Section 6.2. 6.4 PERMITTEE agrees that for claims that are alleged to have arisen, directly or indirectly, from the CITY's efforts to assist PERMITTEE in constructing a seawall or using the PUBLIC BEACH RECREATION AREA, PERMITTEE unconditionally waives all present and future claims against CITY and CITY's officers, officials, employees, and agents. 6.5 PERMITTEE's waiver set forth in Sections 6.2, 6.3 and 6.4 does not apply to claims that are alleged to have arisen out of the sole, active negligence or deliberate, wrongful act of CITY. 6.6 It is further understood and agreed that all of PERMITTEE's rights under § 1542 of the Civil Code of the State of California and any similar law of any state or territory of the United States are hereby expressly waived with respect to claims against CITY and CITY's officers, officials, employees, and agents relating to the seawall or the use of the PUBLIC BEACH RECREATION AREA. Section 1542 reads as follows: 1542. Certain claims not affected by general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. 7.0 ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS AND POSSIBLE CONSEQUENCES: INDEMNIFICATION AND HOLD HARMLESS 7.1 PERMITTEE TO INDEMNIFY AND HOLD CITY HARMLESS PERMITTEE agrees to indemnify and hold CITY and CITY's officers, officials, ADA /mm/jsg /f:rowmisc /tevar /te6751e2.doc8 Version: March 9, 1994 11:40 Page 8 employees and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages and costs, including all costs of defense thereof including attorneys' fees, arising out of, or in any manner connected directly or indirectly with, any acts or omissions of PERMITTEE or PERMITTEE's agents, employees, subcontractors, officials, officers or representatives in respect to the seawall or the use of the PUBLIC BEACH RECREATION AREA. Upon demand, PERMITTEE shall, at its own expense, defend CITY and CITY's officers, officials, employees and agents, from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs. 7.2 PERMITTEE agrees to indemnify and hold CITY and CITY's officers, officials, employees and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages and costs, including all costs of defense thereof including attorneys' fees, arising out of, or in any manner connected directly or indirectly with, the CITY's efforts or actions to assist PERMITTEE in the seawall construction. 7.3 PERMITTEE's indemnification and hold harmless obligation herein includes, but is not limited to, claims concerning alleged defects in the plans, specifications and design of the seawall; but does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of a defect in the plans, specifications or design that is a result of a change required by CITY to the PERMITTEE's proposed plans, specifications or design so long as such change is objected to, in writing, by PERMITTEE, and the writing is filed with the City Engineer more than ten days prior to the commencement of work. 7.4 PERMITTEE's indemnification and hold harmless obligation herein includes, but is not limited to, claims concerning PERMITTEE's use of the PUBLIC BEACH RECREATION AREA; alleged defects in the plan, design, construction, maintenance, or functioning of the seawall; alleged defects in the materials furnished in the construction of the seawall; alleged injury to persons or property allegedly caused by, or in any way related to the seawall or PERMITTEE's use of the PUBLIC RECREATION AREA; or any alleged inverse condemnation of property as a consequence of the design, construction, maintenance or functioning of the seawall. This Section is expressly not intended to act as a limitation to the broad indemnification and hold harmless provisions set forth in Sections 7.1, 7.2 and 7.3. 7.5 By approving the improvement plans, specifications and design or by inspecting or approving the seawall or the use of the PUBLIC BEACH RECREATION AREA, CITY shall not have waived the protection afforded herein to CITY and CITY's officers, officials, employees and agents or diminished the obligation of PERMITTEE who shall ADA /mm/jsg /f:rowmisc /tevar /te6751e2.doc9 Version: March 9, 1994 11:40 Page 9 • remain obligated in the same degree to indemnify and hold CITY and CITY's officers, officials, employees and agents, harmless as specifically provided above. 7.6 PERMITTEE's obligation herein does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of CITY's intentional wrongful acts, CITY's violations of law, or CITY's sole active negligence. 7.7 The CITY herein expressly does not waive any defenses, immunities or other protections from liability afforded to the CITY by the laws of the United States or the State of California, to include without limitation, the California Government Code. ADA /mm/jsg /f:rowmisc /tevar /te6751e2.doc10Version: March 9, 1994 11:40 Page 10 C # 4 ,-bOl-0197274 Recording Requested By: APR 0:3, 2001 9 :4 2 A ) City Engineer ) OFFICIAL RECORDS > SAID DIEGO COLHTY RECORDER'S OFFICE When Recorded Mail To: ) [ EGORY J. SMITH, CWY RECORDER City Clerk ) FEES: 0.00 City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE J COVENANT REGARDING REAL PROPERTY: (� L HOLD CITY HARMLESS FOR BLUFF FAILURE Assessor's Parcel Case No. 00 -062 MUP No. 254 - 311 -05 Permit No. 6751TE W.O. No. 6751TE A. Richard R. Sonnie and Lupe L. Sonnie (`OWNER" hereinafter) are the owners of real property which is commonly known as 858 and 860 Neptune Avenue ( "PROPERTY" hereinafter) and which is described as follows: See Attachment A which is attached hereto and made a part hereof. B. In consideration of a Beach Encroachment Permit and a Major Use Permit by the City of Encinitas ( "CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of CITY, to do the following: See Attachment B which is attached hereto and made a part hereof. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. D. OWNER agrees that OWNER's duties and obligations under ADA /mm/jsg /f:rowmisc /tevar /te675lh2.doc1 10el0a 1 JAN 90 FILE No. 529 12108 '00 12:15 ID:CTE ESCONDIDO 760 746 0163 PAGE 1 GRADING PLAN CERTIFICATION FOR PERMIT NO . [D ��7 S 3 6 8 3 8 /VcpnRC - Se4w. If SOILS ENGINEERfS CERTIFICATE 0 SENO. 00 - 0&Z N OP I, a registered civil engineer in the State of California, principally doing business in the field of applied soil mechanics, hereby certify that a sampling and study of the soil conditions prevalent within this site was made by me or under my direction between the dates Sec Bciow * and One complete copy of the soils report compiled from this study, with my recommendations, has been submitted to the office of the City Engineer. Furthermore, I have reviewed these grading plans and certify that the recommendations included in the soils report for this project have been incorporated in the grading plans and ec'fi at' SIGNED: ��isrd on r orc ✓.ou.S stud.-C's RCE NO.: 6 iF 2-4 - 73 by -tk c o s a .. J Goa, fN ( � ornnt� SS''on EXP. DATE: ' 3u - c'� o Ic OWNERS CERTIFICATE I (WE) HEREBY CERTIFY THAT A REGISTERED SOILS ENGINEER OR GEOLOGIST HAS BEEN OR WILL BE RETAINED TO SUPERVISE OVER ALL GRADING ACTIVITY AND ADVISE ON THE COMPACTION AND STABILITY OF THE SITE. Signature Date DECLARATION OF RESPONSIBLE CHARGE I HEREBY DECLARE THAT I AM THE ENGINEER OF WORK FOR THIS PROJECT, THAT I HAVE EXERCISED RESPONSIBLE CHARGE OVER THE DESIGN OF THE PROJECT AS DEFINED IN SECTION 6703 OF THE BUSINESS AND PROFESSIONS CODE, AND THAT THE DESIGN IS CONSISTENT WITH CURRENT STANDARDS. I UNDERSTAND THAT THE CHECK OF PROJECT DRAWINGS AND SPECIFICATIONS BY THE CITY OF ENCINITAS IS CONFINED TO A REVIEW ONLY AND DOES NOT RELIEVE ME, AS ENGINEER OF WORK, OF MY RESPONSIBILITIES FOR PROJECT DESIGN. (NAME, ADDRESS & TELEPHONE NO. OF ENGINEER OF WORK) BY: Signature Date - RCE NO.: EXP. DATE pol3846 RAYMOND H. FLORES, S.E. FL .M FLORES, LUIV D & MOBAYED CHIEF EXECUTIVE OFFICER C O N S U L T 1 N G E N G I N E E R S WILLIAM R. LUND, P.E. PRESIDENT +PARTNERS OMAR MOBAYED, S.E. VICE PRESIDENT December 7, 2000 `�� DEC City of Encinitas crry F1I- SER �; Engineering Services Department T 505 S. Vulcan Ave Encinitas, California 92024 Attention: Mr. Alan Archibald, Director of Engineering Services Project: Brown & Sonnie Residences — Bluff Repair; FLM #00027 Dear Alan: The following are itemized responses to the comments provided by your office and its consultants at our meeting on December 5, 2000. Our responses address slight changes to the emergency repair design submitted by FLM Consulting Engineers (FLM) on March 15, 2000 and October 17, 2000. These changes will be incorporated in the field during construction. The modifications will later be included into the final set of as -built plans when the permanent coastal development permit is processed. The City engineering staff has suggested that these changes are preferable to ensure that such a permit will be granted without major retrofits to our original emergency permit design. 1: Based on our December 5, 2000 meeting, the applicants Brown and Sonnie (Owners) have indicated that they will attempt to comply with City staff comments regarding the landslide driving load of approximately 65 kips per lineal foot for the lower sea wall. This value is based on the 1998 American Geotechnical report, specific to their property. During design revisions in October 2000, FLM utilized load information compiled by Soil Engineering & Construction (SEC) for an adjacent property (816 Neptune), which indicated a design load of approximately 45 kips per lineal foot. SEC's data is the most current, thus being the basis for our decision to use the lower value. Regardless of this decision, the owners have directed FLM modify the latest wall design to resist the 65 kip value. Should the owners' soil engineer indicate a lesser driving force exists during field investigation concurrent with wall construction, owners have requested this information be passed on to FLM for consideration into finalized design calculations. 2: Owner has elected to retain the services of Construction Testing & Engineering to act as soil engineer of record and inspection agency. CT &E will work for owner directly. 7220 TRADE STREET, SUITE 120 • SAN DIEGO, CALIFORNIA 92121 -2325 • (858) 566 -0626 • (858) 566 -0627 :""City of Encinitas 0 Brown & Sonnie Residence December 7, 2000 Page 2 3: A report addressing City staff consultant Mr. James Knowlton's comments regarding slope stability will be provided as an addendum to the March 15, 2000 Coastal Development Permit application by Owners' soil engineer. 4: Actual elevation of Torrey sandstone will be determined during field investigation by Owners' soil engineer. FLM will review this information to confirm adequate beam embedment. Sandstone elevation will be depicted on finalized as -built plans. 5: Upper wall design, including caisson embedment in landslide debris, conforms to American Geotechnical recommendations (see sheet 2 of FLM calculations and 1998 AG report). Grade beam at base of upper wall ties caissons together laterally, along with wood lagging and shotcrete wall face (see plans). Lateral wall strength is provided by tie -backs in combination with soldier beam action. Per our December 5 meeting, any additional issues related to upper bluff wall(s) may be addressed at a later date. 6: Comment addressed during meeting on Tuesday, 5 December 2000. As also discussed during this meeting, Owners have indicated that they will direct contractor to install wood lagging down to 0' AMSL. Because such installation could further activate the upper landslide, however, the owners have indicated that they will follow the recommendations) of their soil engineer during such operations. Shotcrete installation will be addressed during the permanent permit application process. 7: Drainage detail is provided for upper and lower walls using geocomposite drain board and 4" � weep holes (see plans). We trust that these responses will satisfy any City concern that would stop the Owners from proceeding with the emergency work. Should you have any further questions, please call. Very truly yours, FLM CO LILTING ENGINEERS Reviewed y: Michael A. McNeff, P.E. Raymond . Flores, S.E. Structural Design Engineer C.E.O. FLM - PARTNERS GRADING PLAN CERTIZICATION FOR PERMIT N0. 51 7 2F a4sENO.. oo � 0�02 M UP SOILS ENGINEER "S CERT,jFLC& E i a registered civil engineer in the State of California, principally doing business in the field of applied soil mechanics, hereby certify that a sampling and study of the soil conditions prevalent within this site was made by me or under my direction between the dates and One complete copy of the soils report compiled from this study, with my recommendations, has been submitted to the office of the City Engineer. Furthermore, I have reviewed these grading plans and certify that the recommendations included in.the soils report for this project have been incorporated in the grading plans and specifications. SIGNED: RCE NO.: EXP. DATE: OWNERS CERTIFICATE I (WE) HEREBY CERTIFY THAT A REGISTERED SOILS ENGINEER OR GEOLOGIST HAS BEEN OR WILL BE RETAINED TO SUPERVISE OVER ALL GRADING ACTIVITY AND ADVISE ON THE COMPACTION AND STABILITY OF THE SITE. Signature Date DECLARATION OF RESPONSIBLE CHARGE S'r'�QuG't'uEtPtL. ELE�nEniTS I HEREBY DECLARE THAT I AM THE ENGINEER OF WORK FOR THIS PROJECT, THAT I HAVE EXERCISED RESPONSIBLE CHARGE OVER THE DESIGN OF THE PROJECT AS DEFINED IN SECTION 6703 OF THE BUSINESS AND PROFESSIONS CODE, AND THAT THE DESIGN IS CONSISTENT WITH CURRENT STANDARDS. I UNDERSTAND THAT THE CHECK OF PROJECT DRAWINGS AND SPECIFICATIONS BY THE CITY OF ENCINITAS I9 CONFINED TO A REVIEW ONLY AND DOES NOT RELIEVE ME, AS ENGINEER OF WORK, OF MY RESPONSIBILITIES FOR PROJECT 'DESIGN. RA{Moop it Fwtews (N ADDRESS & -)Y1Su y� A�s TELE ONE N OF ENGINEER OF WORK) `� r`� �� z �frc� 1� �� f � I Zc, n n - D I * e ( !A `tom i HY: Y 12 -7 •oc— & �& --- Signa re Date r RCE NO.: EXP. DATE SF- X10.: t bo y pol3846 Z/Z 'd 860£'ON Wd9£ :Z OOOZ '9 '080 SOIL iminesm cons -nuczlon. October 25, 1996 Dr. Len Okun 828 Neptune Avenue Encinitas, California 92024 RE: Letter Report Exploratory Trench Investigation Okun Residence, 828 Neptune Avenue Encinitas, California As per our recent conversations, Soil Engineering Construction (SEC) has prepared the following letter report discussing our findings in regards to the exploratory trench excavated on the bluff face below your residence. The purpose of this work was to determine the condition of the bedrock in the area of the proposed new lower bluff caisson wall. A site plan (Plate 1) showing the approximate locations of the exploratory trenches as well as the boring locations advanced by Lockwood -Singh & Associates is attached. Also attached, is a cross section (Plate 2) depicting the surface and the assumed subsurface soil conditions which exist at the site and a log of the exploratory trench (Plate 3). FINDINGS An exploratory trench was excavated on the bluff below the subject residence. The trench was excavated to a depth of about 29 feet deep. As observed in the exploratory trench, it appears that the existing formational bedrock in this area has moved downslope. This is supported by the orientation of the observed bedrock interface with the overlying terrace sands. Based on our observations, it appears that the bedrock exposed in the exploratory trench is dipping downslope at about 40 degrees. Based on information provided to us by Lockwood -Singh & Associates, the formational bedrock, underlying the terrace sands, dips at about 6 degrees to the west, as interpolated from soil borings performed to the west of the residence. In addition, it was observed, that an approximately 1 inch ( + / -) clay seam exists at the interface between the terrace sand deposits and the underlying bedrock. It appears that in addition to the movement of the bedrock materials, the overlying terrace sands slid along this clay seam. The elevation of the top of bedrock, as observed in the trench, is approximately 15.5 feet M.S.L. ( + / -). No groundwater seepage was observed in the exploratory trench. A cross section (Plate 2) depicting the surface and assumed subsurface soil conditions is attached to this letter report. CONCLUSIONS Based on our findings, it appears that the bluff initially failed in a location upslope from the 3220 South Standard Avenue • Santa Ana CA 92705 • (714) 751 -9561 • Fax (714) 751 -9565 Contractor's License No. A- 268082 SOIL Encjininm conscnucrion. Dr. Len Okun 828 Neptune Avenue October 25, 1996 9*vu Page 2 location of the exploratory trench. It is likely that the failure plane followed a path, backscarp, through the bedrock (at a very steep angle) in the area adjacent to the residence and displaced the bedrock downslope creating a cavity along the backscarp which was in filled with the terrace sands. RECOMMENDATIONS It is our opinion that the design concept consisting of a lower caisson /tieback and shotcrete wall along the lower bluff can be constructed at the subject site. The purpose of this lower wall is to eliminate the possibility of any significant movements along the bluff failure plane. It has been reported to us that over 1.5 inches of lateral movement has been recorded since the installation of the slope inclinometers. Based on this information, it is our opinion that more landsliding will occur at the site and the existing residence could be in immediate danger of being lost downslope. We recommend that the existing structure be monitored for any indication of possible movements. As you have been previously informed, the pipe piles installed at the rear of the house are not intended to provide long term stability by itself without the required slope stabilization work. Based on the information presented above, it is our recommendation that the bluff below Dr. Okun's residence be stabilized immediately before any additional loss of property occurs. If plans are being made to move the residential structure away (east) from the existing top of bluff, we recommend they be carried out immediately. If you have any questions, require additional materials, please call me at (415) 367 -9595. Sincerely, SOIL ENGINEERING CONSTRUCTION, INC. Robert Mahony, C.E.G. 847, G.E. 554 President c: Mr. Charles Marvin III, Esq. 3220 South Standard Avenue • Santa Ana CA 92705 • (714) 751 -9561 • Fax (714) 751 -9565 Contractor's License No. A- 268082 J M 1 METHOD OF EXCAVATION HAND EXCAVATED BUCKET SIZE: N/A DATE: 10/08196 • gag Dry Moisture Soil Class Depth (ft) Sample Density Content (°/.) (U.S-C-S) SOIL DESCRIPTION 44 TRENCH NO. Elevation .5 (pct ( +l -) 0 SP TERRACE DEPOSITS: Yellowish brown fine grain sand, dry, loose I 8 I I i 16 I I i I 24 I I I I I I I l @about 2T Becomes fine to medium sand I I @ about 28' FORMATIONAL SILTSTONE • I I Approximately 1 inch thick clay seam at contact between Terrace deposits and underlying formational sittstone. Appears wet and remolded. Dipping 32 j I about 40 degrees to the west. I I Immediately underlying clay seam, appears to be approx. 5' +1- of remolded clay and siltstone, which inturn is overlying siltstone bedrock materials, and i I also dipping about 40 degrees to the west. i I I � I i I I 40 I I I I I Total Depth of Trench Excavation Approx. 30' I I No Groundwater Observed I I I 48 I I I I i LOG OF TRENCH Project No 96 -109 PLATE 3 • SOIL ENGINEERING CONSTRUCTION 3220 South Standard Avenue Santa Ana CA 92705 • • � � Y ' r •� I/ v - mow �+ • �i� f 16 mm" ��.. EM OR L� • • 1 �1/ s i 1 •�_ J \�j� v N f • I now pp Ol Am ice► , � � - - -- WW M . m b T— CL m � 3 l✓ n r 3 0 p C CP O O b 0 ri 0 0 s .� 4 mt a. C _ - tp •J .y I 1 � C .M . L N n b � Ib n A v a Z I , 0m I �n -un�O r 5 "N no ^r �3 tp r `., •� o i ° s � v m 1 > n �.. m z A Z March 14, 1997 S l v cc_ � S . � CITY pF ENCINlTRS ENGINEERING SERVICE �.. Ms Diane Langager Planning Dept. City of Encinitas c CA 5 e.4D 505 South South Vulcan Avenue 6,e fie V V 2 LAA- e bb Encinitas, CA. 92024 RE: Blufface Revegatation and Erosion Control, 836 -838 Neptune Avenue Dear Ms Langager: As a follow up to our telephone conversation this morning, this is a notice of our intent to plant drought and salt resistant vegetation on our blufface below our tieback and shotcrete system that was installed last year. Hydroseeding was our first option but I understand the City of Encinitas /State Park system did not have much success hydroseeding the blufface at Beacon's blufface. I've contacted many landscape companies who have suggested a drip system may be the safest way to go for plantings to control potential erosion. The vegetation considered will have a high degree of acacia because of its extreme drought resistance and success on other parts of the Encinitas cliffs that I have seen since I built here 16 years ago. It is a hardship for me to take a week from my work in Seattle to do this but the contractors estimates were simply too high for me to contract the whole job out. I have scheduled being away the first week in April to complete this work in Encinitas. Hope to talk to you soon. Sincerely, cc: Mr Lee McEachren, SD Coastal Commission Mr. Hans Jensen, City of Encinitas Engineering Dept. January 12, 2001 Mr. Alan Archibald City of Encinitas Engineering Department 505 S. Vulcan Avenue Encinitas, CA 92024 RE: Extension of Emergency Permit 6- 00- 171 -G, approved Plans Dear Alan: First, thank you for coming to the beach yesterday and discussing the placement of the rip rap on the shorefront of Dr. Okun and Mr. Sorich. Mr. Sonnie and I did not have any of the rip rap placed on our properties, but did put some of the existing Ardath shale stones closer to our bluff. As you probably heard, the loss of sand material on our work "bench" was pretty severe the last few days. I understand Lee McEachern of the Coastal Commission will be visiting our work site this afternoon. The other purpose of this letter was to clarify what was needed to get our approved plans to the Coastal Commission. Our Emergency Permit expires on January 20, 2001. I have written a letter to Lee McEachern asking for the extension of the permit for 90 days because John Niven of SEC wants to work below where our grading was planned to be done. Our structural engineer, Mr. Mike McNeff of FLM, has understood that the calculations he submitted after our meeting with you on December 10, 2000 were sufficient for the plans to be approved and routed back to the Coastal Commission. The as -built plans would then be forwarded after the project was completed. We didn`t know until January 10 ,2001 that the Project manager Mr. Masi Mahir had left to go on vacation on December 20, 2000 and won't return until February, 2001. I think he and Mike McNeff had communication the rest of us were unaware of In any event, I think a phone call with Mike McNeff will probably be the best way to facilitate what is needed. We increased the number of tiebacks from 12 to 26, increased the beam size to W24x117, reduced the width between beams from 8' to 6'9inches and also increased the beam length from 35' to a minimum of 43 feet. CTE geotechnical engineering was present observing all of the drilling and beam placement and their report will also be included after the project is completed. Hope to talk to you soon. Mike Brown l � Richard Sonnie Cc: Lee McEachern and Gary Ca on, California Coastal Commission Mr. Mike McNeff, FLM 0 Janyary 10, 2001 Mr. Lee McEachern California Coastal Commission 7575 Metropolitan Drive San Diego, CA. RE: Extension of Emergency Permit, #6 -00 -171 -G Dear Lee: This is a request to extend the above referenced Coatal Emergency Permit for a period of 90 days beyond its expiration date of January 20, 2001. The original permit authorized a lower and upper seawall on the Brown /Sonnie properties at 836 -860 Neptune Avenue in Encinitas, California. The installation of our lower seawall is nearing completion but the contractor planning to build a seawall directly south of our properties for Dr. Len Okun has yet to recieve his Emergency Permit from the Coastal Commission. Therefore, approximately 3 weeks ago he asked us to delay any grading/construction above our lower seawall until he could shore up the Dr. Okun's house and lower bank. After yesterday's severe high tides and erosion on Dr. Okun's property, he is also requesting some immediate lower bluff protection in the form of temporary placement of rip rap. Heavy rains are also forecast for the next few days that could cause erosion on the upper bluffs. We look forward to hearing from you as soon as possible. Sincerely, Mike Brown , Richard Sonnie January 10, 2001 Mr. Lee McEachern California Coastal Commission 7575 Metropolitan Drive San Diego, Ca Re: Extension of Emergency Permit, #6 -00 -171 -G Dear Lee: This is a request to extend the above referenced Coastal Emergency Permit for a period of 90 days beyond its expiration date of January 20, 2001. The original permit authorized a lower and upper seawall on the Brown/Sonnie properties at 836 -860 Neptune Avenue in Encinitas, California. The installation of our lower seawall is nearing completion but the contractor planning to build a seawall directly south of our properties for Dr. Len Okun has yet to receive his Emergency Permit from the Coastal Commission. Therefore, approximately 3 weeks ago he asked us to delay any grading/construction above our lower seawall until he could shore up Dr. Okun's house and lower bank. After yesterday's severe high tides and erosion on Dr. Okun's property, he is also requesting some immediate lower bluff protection in the form of temporary placement of rip rap. Heavy rains are also forecast for the next few days that could cause erosion of the upper bluffs. We will also request placement of 20 -60 tons of rip rap on our common property line with Dr. Okun. It is our intention to remove this rip rap and place it behind our completed seawall when Dr. Okun's wall is completed. We look forward to hearing from you as soon as possible. Sincerely, Mike Brown Richard Sonnie s Law Offices of Stephen I. Ostrow as r a 2533 South Highway 101 Long B C 03 Cardiff -by- the -Sea, CA 92007 1 9987 ❑ REPLY TO p}944 -0066 January 8, 2001 COMMUNITY DEVELOPMENT DEPT. PLANNING DIVISION City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 att: Michael J. Young '` ----- re: Illegal Trail Across Beach Bluff Causing Erosion Property: 838 -878 Neptune i' q i Owner: Monica Sonnie and Mike Brown + 2001 Case No. 00 -062 MUP /CDP/EA CITY OF Dear Mike Young: My client is the owner of the property immediately south of Beacons Beach at 878 Neptune. Unfortunately the workers repairing the neighbor Brown's bluffs at 838 Neptune unlawfully cross the lower bluff underneath my client's property which is causing bluff erosion and separation at our location. There is total disregard for using the designated switchback trail at Beacons Beach. Last Friday I spoke with Bill Cotton who said he would inspect the subject lower bluff trail. The "bluff repair people" took down the guard rail so they may create a shortcut to their worksite. Quite ironic that the repair crew destroys the bluff at the sign "Illegal To Be On This Bluff Except On Designated Trails" in order to repair another bluff. It is a clear violation. The shortcut across the lower bluff is a regular pattern for the workers who do not want to walk the extra switchback on the trail. Unfortunate the trespass now looks like a trail and the surfers are using the access instead finishing the switchback down the trail. Additionally, if you inspect the lower bluff below the Brown's property, the heavy machinery used to repair the upper bluff is fragmenting the lower bluff. Again the irony, bluff deterioration as a result of another homeowners bluff restoration. Please inspect and take whatever action is necessary so that the bluff is maintained and this illegal action is ceased. Additionally, my client, Matthew Gordon, owner of 838 Neptune, did not get notice of the Notice of Filing Of An Application. Please put us on the notification list for all RECYCLED PAPER Mike Young January 8, 2001 Page 2 matters concerning the project. Thank you for your cooperation. Very t y urs,, C/ SO: bo S HEN I. OSTROW cc: client 0 w GRADING PLAN CERTIFICATION FOR PERMIT NO. & � �E e �4_ AtV. 4�9- ,Ale SOILS ENGINEER'S CERTIFICATE I, a registered civil engineer in the State of California, principally doing business in the field of applied soil mechanics, hereby certify that a sampling and study of the soil conditions prevalent within this site was made and a or .ender my direction between the dates -. One complete copy of the soils report compiled from this study, with my recommendations, has been submitted to the office of the City Engineer. Furthermore, I have reviewed these grading plans and certify that the recommendations included in the soils report for this project have been incorporated in the grading plans and specifications. SIGNED• RCE NO.: EXP. DATE: c:WNERS CERTIFICATE I (WE) HEREBY CERTIFY THAT A REGISTERED SOILS ENGINEER OR GEOLOGIST HAS BEEN OR LL BE RETAINED TO SUPERVISE OVER ALL GRADING ACTIVITY i'DVI O THE COMPACTION D STABILITY OF THE SIT E. 1 to Date �vG� DE&ARATION OF RESPONSIBLE CHARGE I HEREBY DECLARE THAT I AM THE ENGINEER OF WORK FOR THIS PROJECT, TH.u,T I HAVE EXERCISED RESPONSIBLE CHARGE OVER THE DESIGN OF THE PROJECT AS DEFINED IN SECTION 6703 OF THE BUSINESS AND PROFESSIONS CODE, AND THAT THE DESIGN IS CONSISTENT WITH CURRENT STANDARDS. I UNDERSTAND THAT THE CHECK OF PROJECT DRAWINGS AND SPECIFICATIONS BY THE CITY OF ENCINITAS IS CONFINED TO A REVIEW ONLY AND DOES NOT RELIEVE ME, AS ENGINEER OF WORK, OF MY RESPONSIBILITIES FOR PROJECT DESIGN. (NAME, ADDRESS & TELEPHONE NO. OF ENGINEER OF WORK) BY: Date Signature RCE NO.: EXP. DATE pol3846 Memorandum Date December 6, 2000 To: Alan Archibald, Engineering Dept. City of Encinitas 505 S. Vulcan Encinitas, CA 92024 cc: FROM: Monica Sonnie w (714) 568 -5501 FAX (714) 744 -8534 Internet: msonnie @sjo.stjoe.org RE: Recording Fee for Beach Encroachment and Hold Harmless Covenants Alan: Our signed documents will be sent to you under separate cover, via Fed Express. However, here is a check for $64.00 to pay for the Recording Fees, as stipulated in the permit requirements. Please contact me if you have any questions, 714/568 -5501. Thanks. aA4 yl� 7 - �'� c c tv CD -L November 30, 2000 Mr. Alan Archibald, Mr. James Knowlton, Mr. Masih Maher = -- City of Encinitas Engineering Department W '� ' NOV - 3 �- ti 505 S. Vulcan Ave. U �� ' U � Encinitas, CA 92024 ` �� i NGINFr -471 i �EgViCCZ Dear Gentleman: We are writing this letter because of the extreme necessity to build a seawall on our properties. On March 15, 2000, engineer Mr. Mike Mc Neff of Flores, Lund, Mobayed(FLM), submitted a set of engineering plans and calculations to build a 100' long seawall and an upper wall/tieback retention system to the City of Encinitas for review. Upon request, Mr. Mc Neff, provided revised caaculations on October 18, 2000. He had reviewed soils engineering reports of American Geotechnical (AGI) dated August 6, 1996 and March 5, 1998 concerning our properties. He also reviewed a report from Soils Engineering Construction dated August, 2000 concerning the property at 808 Neptune, two doors to the south of our properties. In addition, I gave him a number of source laboratory documents from Lockwood -Singh Geotechnical of Los Angeles that were pertinent to slope stability analysis, hydrology, and slide plane models developed using different calculation methods (Spencer, Bishop's, etc.) The City of Encinitas and the California Coastal Commission (CCC)was given these same documents. Mr. Mc Neff has submitted plans and calculations detailing a lower seawall designed to withstand 45 "kips" of load per lineal foot. Mr. Mark Johsson, geologist with the CCC has requested more anaysis of FLM in his letter of November 10, 2000. In recommending an issuance of an Emergency Coastal Permit, Mr. Johnsson states, "This recommendation is based on the recognition that life and property are now in jeopardy, and could be at greater danger during the upcoming rainy season. Accordingly, I do not recommend taking the time - probably several months -that would be needed for the applicant to fully address all of the concerns below ". The Brown and Sonnie families agree. We trust that the seawall Plans and Calculations submitted to the City of Encinitas by FLM are adequate to protect our homes from collapse. Further forensic geotechnical work is planned concurrent with the seawall construction with a final geotechnical report to be issued on completion of the work. We appreciate your immediate response to our situation. C\ ke Brown, 836 -838 Neptune Avenue Richard and Lupe Sonnie, 858 -860 Neptune Avenue r 4 2UUU November 30, 2000 Mr. Alan Archibald/Mr. James Knowlton/Mr. Masi Maher City of Encinitas Engineering Dept. via Fax 760/633 -2818 and mail 505 S. Vulcan Ave. Encinitas, CA 92024 Re: 838 — 860 Neptune Ave. Dear Gentlemen: We are writing this letter (in counterpart) because of the extreme necessity to build a seawall on our properties. On March 15, 2000, our engineer, Mr. Mike McNeff of Flores, Lund, Mobayed (FLM) submitted a set of engineering plans and calculations to build a 100' long seawall and upper wall/tieback retention system to the City of Encinitas for review. Upon request, Mr. McNeff, provided revised calculations on October 19,2000. He had reviewed soils engineering reports of American Geotechnical (AGI) dated August 6, 1996 and March 5, 1998 concerning our properties. He also reviewed a report from Soils Engineering Construction dated August 2000 concerning the property at 808 Neptune, two doors to the south of our properties. In addition, we supplied him with a number of source laboratory documents from Lockwood -Singh Geotechnical of Los Angeles that were pertinent to slope stability analysis, hydrology and slide plane models developed using different calculation methods (Spencer, Bishop) The City of Encinitas and the California Coastal Commission (CCC) were given these same documents. Mr. McNeff has submitted plans and calculations detailing a lower seawall designed to withstand 45 "kips" of load per lineal foot. Mr. Mark Johnsson, geologist with the CCC has request more analysis of FLM in his letter of November 10, 2000. In recommending an issuance of an Emergency Coastal Permit, Mr. Johnsson states: "This recommendation is based on the recognition that the life and property are now at jeopardy, and could be at greater danger during the upcoming rainy season. Accordingly I do not recommend taking the time — probably several months that would be needed for the applicant to fully address all of the concerns below" The Brown and Sonnie families agree. We trust that the seawall Plans and calculations submitted to the City of Encinitas by FLM are adequate to protect our homes from collapse. Further forensic goetechnical work is planned concurrent with the seawall construction with a final geotechnical report to be issued on completion of the work. We appreciate you immediate response to our situation and permit request. Sincer Ri6ha onnie 858 -860 Neptune Ave. ti. a November 20, 2000 HAND DELIVERED Mr. Alan Archibald Engineering Department, City of Encinitas, 505 S. Vulcan Avenue Encinitas, CA. 92040 RE: Lower Seawall Construction Schedule, Brown/Sonnie, 836 -860 Neptune Avenue Dear Mr. Archibald: Background: On July 13, 1999, the City of Encinitas sent to me a certified Warning letter detailing the geotechnical danger on our bluffaces. One week from today, the Brown and Sonnie families had scheduled construction to start in building of a 100' lower seawall on their properties. On November 9, 2000, Mr. Lee McEachern of the San Diego Coastal Commission called me to say he was recommending that we recieve an Emergency Permit to build the seawall. Approximately three weeks ago Mr. McEachern had told me that the permit might contain conditions that the City of Encinitas, State Dept. of Parks, or other agencies might have for the lower seawall. I called Mr. Masi Maher of your Engineering Department twice to determine what conditions the City or related agencies may request. Each time he has told me he couldn't comment because he does not + hasp the . " Permit m his hands. My fear is this process will cause yet another delay putting the project in peril. The formal plans for this Emergency blufface repair were submitted to your office on March 15, 2000. Additional Plan revisions and calculations have been submitted per request, the latest being October 20, 2000. To this day, the Plan reviewers of the Engineering Department and the Coastal Commission have never directly contacted the designer of our Plans, Mr. Mike McNeff of the Engineering firm FLM with any feedback. Summary: Enclosed with this letter is a copy of a newspaper article. Government officials from Represenative Duke Cunningham, Senator Diane Feinstein, Mayor James Bond, and City Mananger Kerry Miller are included. Mr. Miller is quoted, "is just one example of the imminent danger, threat to public safety and potential exposure to property loss due to the conditions of the coastal bluffs along the Encinitas coastline." This article was published in February of this year. Things have only gotten worse. Yesterday, November 19, another I to 2 ton blockfall occurred on the Brown/Sonnie property line. We assume all of these government officials and staff share our concern and wish us to proceed as quickly as possible in the Emergency Project. If any conditions need to be discussed, that needs to happen now. Sincerely, Mr. Kerry Miller, City Manager Mr. James Bond, Mayor Mr. Masi Maher, Engineering Department Tragedypro meetin g A • to combat bluff erosion By Dwight Daniels beaches, arguing that its vital"' to STAFF WRITER buffer the force of waves on the bluff ENCINITAS — 'Me death of a line. Thirty years ago, the - citys local woman in a massive bluff col- beaches were wide and sandy; sere= lapse last month has prompted a ing as a natural safeguard., They- meeting with federal officials next have eroded to the point that atlQh month to find a way to make the tide only a few feet of sand "exist city's eroding bluffs safer. between the bluff and the ocean, y A spokesman based in the Wash- But the National Marine ]? ington D.C. office of Rep. Randy ies Service has objected to Ei&-inj- "Duke" Cunningham, (R Escondi- tas' plans for sand dumping, saying do) said late yesterday that, at the dumped sand might erode offsh6re request of Encinitas officials, the and, cover delicate coastal ,- rofs:. congressman has invited represen- That could jeopardize the livelilil tatives from federal agencies such of commercial fishers who cat(fh 4b- as the U.S. Army Corps of Engi- alone, lobster and fish that thrive neers and National Marine Fisher- the reefs. ! ies Service to attend the local gath- Natural erosion over the deeades ering. has resulted in so -called bluff ;o er- National and local representatives hangs, cavelike indentations carved of the federal agencies will be pres- out at the foot of the bluffs. Acoon"F" ent, said Brandon Waters, Cunning- panied by urban runoff and iftig ham's press secretary. The Feb. 24 lion on the land, erosion has le#.f ie meeting likely will be held at City earth along the bluff line vulnei - dble Hall. to collapse. " t' Also on the guest list is the state's On Jan. 15, one of the latest cave - coastline regulatory agency, the Cal- ifornia Coastal Commission. Gov Ins sent thousands of tons of ,�fiand° and boulders. onto an Eneni'ta ernment groups such as the San D beach, burying 30-year-old ReWk6 Diego Association of Governments will be there, as will officials of So " band, The. engineer's h��- band, Matthew, watched the'tr° e= na Beach, which has had similar dy from his surfboard offshore:',; problems with eroding bluffs. Kowalczyk's death prompted "Duke's office has been ver co- Bond to write Cunningham ea .jpt operative in working with us to at agencies together to prevent co't tempt to get all the key resources " lapses he deemed an unfortunate together," Encinitas Mayor James and unnecessary loss of life." Bond said yesterday, voicing hope that the high -level meeting will City Manager Kerry Miller _Wr ft bring progress. a similar letter to Sen. Dianne *eit "I am very encouraged that well stein (D- Calif.), saying the tr" be able to resolve some of the con- "is just one example of the ml m en IA cerns we have about sand on the danger, threat to public safety tt d beaches of Encinitas," Bond said. potential exposure to properW - 44 s f For the past seven years, Bond due to the conditions of the cQasU# I has wanted sand placed on the bluffs along the Encinitas coast'` Sent B!;: VULCAN MATERIALS LABORT03Y ; 16192986613; Nov -30 8:24AM; �aaa 1 Vulcan 1 GEG 0 1 2000 E e's C o ENGINEERING SERVICES CITY OF ENCINITAS it �y 5745 Road San Diego, CA 92108 01 0116: (0 19 j 198 -05 -,1 Fax: (6 - 1 9) 298-6613 COMPANY NAME: ATTN: Condon J ohnson George Surrough PROJECT: FAX DATE: Encinitas Seawall (Neptune Drive) 11/30/00 SUBJECT: NUMBER OF PAGES: Submittal 10 FROM THE DESK OF: � - -- - � COMM�-N fS: � � -- - - -- cr 0aC Mich FAX #: (858) 271 -8059 Please contact our laboratory w/ any questions you may have @ Ext. 4451 Sent B11: VULCAN MATERIALS LABORTO Y ; 16192986613; Nov -30 8:24AM; Page 2 PALOMAR TRANSIT MIX i P.O. Sox 481178 I Escondido, CA 92046.1179 Mein Office (760) 737 -A486 • Fax # (760) 7 . SalPS ) - - e T ex 1t ; }801 a$„ 186 CONDON JOHNSON & ASSOCIATES 1849 CHBARCADERO OAKLAND, CA 94606 8'36 -"S NEPTUNE AV., ENCINITAS Dear Sir. As per your request we are sub m itti ng the attached concrete date sheet(s) containing Palomar Transit Him a aundard nix design(a) for your approval fo the above Wes tior." project. The cement will be in acrordence with ASTH C -156, Typr II, low alkali. The aggregates and ready mixed ctmicrmte will be from sources as indicated on the data sheet ( m) . Each six can to expected to produce concrete meeting the acceptanca criteria of AC2 318 -97, paragraph 5.3, for the respective compressive strength as indicated provided the design slump and /or water /cement ratio is not exceeded. eot y submitted, Y 'akl *ata Testing Laboratory Enclosure Attached Dispatch Office EscondiUri : Oceanside (760) 480 8191 Sent BY: VULCAN MATERIALS LABORTO Y ; 16192986613; Nov -30 8:24AM; Page 3 r " _ PALOMAR TRANSIT MIX low P.Q. Box 481179 l Ai Escondido, CA 92046 -1179 Main Office (760) 737.3486 • Fax # (760) 737.2812 Sales Office Fax # (760) 480 -9486 Date; 39- Nov -08 Vulcan Matl'e Western Div - SA Ready Mix Time- 07t37 hix *►e.s+> k%eigh +.s ann Va'umer; G' /32 "IX Number t 363606 Product OM.- YD Schedule plantit 96 Design slumpt 4.09 3060 PSI a 281 pays Material Batch Percent Specific Absolute Quantity of Aggregate Gravity Volume CEISENT 459.00 - - - - 3_ 15 - » ,• _ - 2.34 FLYASH 78.00 2_65 0.61 i CG 1394.00 41.87 2. 7.73 3/ 8 "CG 564. 00 15.981 2.74 2.95 MCS 1325.00 42.1 2.73 7.781 Mater tgal. lbs.) 37. ► 314.87 5.05 Admixtures: MRDA - 1a. 001 0. Air percentage 2.06 0.5,E w /(C *F) Ratio 8.59 27,10 Aggregate Gradings Percent Passing L SIEVE SIZE 1 2 1/2 1 314 1/2 3181 4 8 lb 30 50 100 200 ------------- - - - - I - -------------------------------- ___-- ______----------- - - - - -- 1" CG 1 100 160 160 85 35 12 3 0 a 0 0 0 0 3181 "CG 1 100 100 lea 100 100 95 15 1 0 0 0 0 a WCS 1 100 10a 160 160 lee 2" 98 82 62 42 19 7 3 + #sax= = = x= xssrrn� I s :tex= x=x=x: asp[ wrswarz_ xxs �sensyt�= 4sxxxxaxxx= sx =a�raicros� ■�sxmaa�* COMBINED 1 laa 100 1" 94 73 62 45 35 26 18 B 3 1 Aggregate Source 1 " Ci3 PALA 3 /8 PALA MCS PALA Dispatct, Office FsconUido - 0manside (790) 480 -6191 Sent By: VULCAN MATERIALS LABORTO Y ; 16192986613; Nov -30 8:24AM; Page 4 [ PALOMAR TRANSIT MIX i P.O. Sox 461179 Escondido, CA 92046 -1179 Main Office (780) 737.3486 • Fax # (760) 737 -2812 SaleS Office Fax # (760) 4804486 aces G�oo - Vulaa X Ready Mix > ane Volutes = atzA �R� 7 aamww�ac ^.� La�ww¢a� C. oi�uca �3Bitsl -wlww K2� �w #aSJaaa mix Mumber x 3449" P'r UOM : YD Schedule plant: 90 Design slump: 2` -3" 4088 PSI 0 28 Days !material Batch Percent Specific Absolute Quantity of Aggregate Gravity Volume - - - CEIMT 599. " 3.15 - - 3.05 FLYASH 127. 00 2.05 0.99 3 /8 83 1. 0® 29.81 2.74 4.85 MCS 1945.00 70.19 2.73 11.42 Water ( gal. lbs.) 45. 374.85 6.01 Admixtures WROA•-64 21.00 0. DARAVA I R 10001 1.00 0.06 Afar percentage 2.50 0.68 wswtaaata V /(C*F) Ratio 0.52 27,1 Aggregate Gradings Percent Paasing 1 SIEVE SITE 1 2 112 1 314 112 318 4 8 1e 30 50 1" 2" ----------------- 1 ------------------------------------------------------------- 3/8wGG 1 100 100 100 100 100 95 15 1 0 0 ® 0 0 MCS 1 100 100 100 10x1 100 100 98 82 62 42 19 7 3 wffi_sssz=�� : :m.a¢caa 1 es. ssxa�e��wssa�aaas�assesmoa= axx ::Rwwr�asassosaaoaa +erg :a�aaaa COMBINED 1 100 100 100 100 100 99 73 58 44 29 13 5 2 Aggregate Source: 3 /8`CG PALA MCS PALA Dispatch Uffice Escondido : Oceanside (760) 440 -6191 Sent By: VULCAN MATERIALS LABORT 16192986613; Nov -30 8:25AM; Page 5 4 , CALIFORNIA PORTLAND CEMENT COMPANY 9350 OAK CREEK ROAD, MOJAVE, CALIFORNIA 93502 / TEL. 1805) 624.2401 FAX 4805) 824 -4001 Manufacturer's Certification We hereby certify that Mojave Type II/V Low Alkali cement supplied to you has been manufactured in accordance with and meets the standard requirements of the current ASTM C 150 specificsktion for TYPE 11 and TYPE V , ement. Uditional:v, MJ-tee 'i'yp . 11fV r rent rnws the regviremet.► of 'Cmir._,� Standard Specification 3,ec- 90 paragraph 2.0:. Following arc the avcrae. cht;a1ii al and physi,W dau for the month of S5ptember, 20W: Chemical Analysis TYPE H TYPE V MOJAVE Requirements Requirements 'C rIE H / V Silicon dioxide ($102), min,% 20.0 - -- 21.46 Aluminum oxide (AI203), max,% 6.0 -- 3.30 Ferric oxide (Fe203), max,% 6.0 - -- 3,61 Magnesium oxide (MgO), max,% 6,0 6 -0 1.93 Sulfur trioxide (S03), max,% 3.0 2.3 2.82 I ' °1 Loss on ignition, max,% 3.0 3.0 1,77 Insoluble residue, max,% 0.75 0.75 0.24 Alkalies(Na20 +0.658K20), max,% 0.60 0.80 0.5$ Tticalcium silicate (C3$), % - -- - -- 63 J Tricalcium acuminate (C3A), mgx,% 8 5 1 '� ) 3 Tetracalcium aluminoferdte (C4AF),% - -- -- 11 C4AF + 2 (C3A), max,% - -- 25t 17 Physical Data Air content of mortar, max,% 12 12 6A Normal consistency,% - -- __ 26,4 Passing 45um (no. 325) sieve, % - -- - -- 98.0 Fineness, specific surface, min,m /kg 280 280 387 Autoclave expansion, max,% 0.80 0.80 -0.01 Compressive Strength. min, Mra, •psi) 3 days 10.0 8, 0 24.9 (I 4-50;i (1160) (3605) 7 days 17.0 1 5.0 32.7 (2470) (2180) ; 4736) 28 days (from previous month) 28.0 21.0 46.4 (4060) (3050) (6583) Vical, initial set, min-- max.,minutes 45 -375 45-375 105 C 1038, 14 day max, % expansion 0.020 0.020 0.006 C 452, 14 day max, % expansion (40) - -- 0.040 0.027 False Set, final penetration, min,% 50 50 86 Apparatus and methods used in this laboratory have been checked by the Cement and Concrete Reference Laboratory of the National la0tutn of Standards and Technology. Major Oxides are anayzed by X-ray Fluorescence Spechrometry. Applicable ASTM C: 150 Notes Table 1 Note D There are cases where optimum $03 (using Test Method 0563► for a particular cement is close to or in excess of the limit in this specification. In such cases where properties of a cement can be Improved by exceeding the S03 limit stated in this table, it is permissible to exceed the values in the table, provided it has been demonstrated by Test Method C 11138 that the cement with the increased S03 wig not develop expansion in water exceeding 0.020% at 14 days When the manufacturer supplies cement under this provision, he shall, upon request, supply supporting data to the purchaser Table 1 : Nola C Does not apply when the optional sulfate resistance limit is specified D When the sulfate resistance is tied, it shah be instead of the omits of C3A and C4AF.2C3A -- hr. r - -- _ J.;rold S. Ken(, ay, Gua!i:L1 Control , ;- 1 uperin' ndan: Sent By: VULCAN MATERIALS LABORT '3192986613; Nov-30 8725AM; Page 6 •hoenix c-crr.ent C-OrIpany Ar SC-324 FLYASi CEPT ------------------------------------------------------- -Cc�: --------- - - --- ----- - -- - -- TIP%APISIT MTX FL'i;-.ZH ATTPI; B17-L Source: ItOX 461179 SPecif ic: . At ASTM C-1 cA, 92046-1175 sample /Testing V-V'hod- A!�:M 1 >331-9FA L-t. 1".. .570 ---------------- ------------------------- ------------------ ---------------------- CkIZWCAL AtiALYSIs; A1,201 + FL Los's rTi ble 'kikalies as Nal M;isvllze conte-t PHY. =ICAL ZATA: Fin-: (+32.5) ru7zol--inic Activity Index 7 day with lime 26 day with cement nf'CdntrO1) ^ .57 Fxpansi.,-yr, Or Contracl.ior, SF.,Nrz> is Gravity (v, f rom a vq) �iTierlez (var from, Av-,) ------------------------------------------ All have bter: mace in accorrip-nce with tn,O ":%irrenit of the A.'n--trican 30 c; 4 CtY for TCzt1nq And Materials _ C t flyash specified F. s� Corby, 01-171iLy C.Ont Sent By: VULCAN MATERIALS LABOR T ; 16192986613; Nov -30- 6:25AM; Page 7 j P R O D U C T I N F O R M A T I O N WRDA® 64 Water - Reducing Admixture ASTM C 494, Type A and Type D Description WRDA® 64 is a p.)lyinei based aqueous solution of complex organic compounds. WRDA 64 is a ready -to -use low viscosity liquid which is factory pre - mixed in exact proportions to minimize handling, eliminate mistakes and guesswork. WRDA 64 contains no calcium chloride and weighs approximate- ly 111 kg/L (10.1 lb /gal). Uses WRDA 64 produces a concrete with lower water content (typical- ly 8 to 10% reduction), greater plasticity and higher strength. It is used in ready -mix plants, block and concrete product plants, in lightweight and prestressed work ... wherever concrete i!; produced, The use of WRDA 64 produces a Finishpbility plat =e c.,_lUcte a lat is it. re i- irisilere ha-!e s* ted that r!. . Advantages workab!e, easier to place and cWnaen- piste, or mortar, is WRDA 64 offers significant more finishai�le than plain or 'WRDA 64 admixtured concrete advantages over single component other admixtured concrete. In the has imoroved trowelabiEty. The water reducers. Water reduction hardened state, WRDA 64 con- influenr- of WRDA 64 on the fin - and setting times are more consis- crete has higher compressive and ishability of lean mixes has been tent due to the polymer compo- flexural strengths at all ages than particularly noticeable. Floating nexus. WRDA 64 also performs untreated or conventional admix- and troweling, by machine or especially well in concrete con- cured concrete, hand, imparts a smooth, close col- tainin fl ash and other erancc surface. g Y The greater degree of plasticity pozzolans. achieved, compared with conven- tional water - reducing admixtures, allows improved finishability. l� GRACE Construction Products Sent Ey: VULCAN MATERIALS LABORT ; 16192986613; Nov-3 0� B:26AM; Page 8. J Addition Rate By combining the separate effects The water - reducing (or water - The addition rate range of WRDA of air - entraining and dispersion, reducing and retarding) admix - 64 is 195 to 390 mU100 k9 the water requirement of concrete ture shall be WRDA 64, as (3 to 6 fl oz/100 lb) of Cement. may be reduced up to 15 %. manufactured by Grace Pretesting is required to determine EACH ADMIXTURE SI IOULD Construction Products, or equal. the appropriate addition rate for BE ADDED SEPARATELY. While The admixture shall not contain Type A and Type D performance. WRDA 64 contains no calcium calcium chloride. It shall be used Optimum addition depends on chloride, it is compatible with cal- in strict accordance with the man - the other concrete mixture com- cium chloride in concrete mixes ufacturcr's recommendations. The ponents, job conditions, and Again, each should be added sep- admixture shall comply with desired performance arately. ASTM Designation C 494, Type characteristics. A water - reducing (or Type D packaging wa:,:- r °dacin•. and re iiding� Dispensing Equipment WRDA 64 is -A ailable in hlilk, adirix,ures. Certification of come A complete line of accurate, auto- delivered by inetcred tank trucks, p.ianc° sleall be made available on matic dispensing equipment is and in 210 L (55 gal) drums. request. available. WRDA 64 may be WRDA 64 contains no flammable introduced to the mix on the sand ingredients. It will freeze at about The admixture shall be considered or in the water. -2aC (28 °F), but will return to full Part of the total water. The strength aster thawing and thor- admixture shall be delivered as a Compatibility with Other ough agitation. ready -to -use liquid product and Admixtures shall require no mixing at the WRDA 64 is compatible in con- Architects' Specification for batching plant or job site. crete with all air- entraining Concrete Water-Reducing admixtures such as Darexm 11 AEA Admixture and Daravairl. Due to the slight Concrete shall be designed in air - entraining properties of accordance with ACI Standard WRDA 64, itself, the addition Recommended Practice for rate of air - entraining admixture Selecting Proportions for may be reduced by about 25 %. Concrete, ACI 211. W.R- Grace Sc Co. -Conn. 62 Whittemore Avenue Cambridge, MA 02140 VROA, Dit— and 0—tir re rcWncrd woA mnrki of W.L unee K c&.cona We hope dk irrfarm Lion hm Will be hm w d,r helpful. k A bitted on dab and kn.rw caraidered ro be true and a—aw and K c(6erad for dte uaeri .wm.iy'arpo, .,.,. , rd 5 ifad.ar, ,w...rr the -ad,, w be Flom ahai.,oJ. road all .rawm.rw., rrrr mrryn kit- In co tlun nr eu�arnom erfon wits wr mrWLw.� whkk isdv W Jl w.ppti d 6y — No+annwor� rreommendarloa or st q i. &J f.,r .nr �I:eh ;nFnr�r aar�etrt or eop,rrdrr W, R, Gtace k Ca - 62 Mttenrae Avenue, Gn.hri.kts MA 021 �. in C-,wda, W`. R. Grxe 6c Co. C—dti [id 1% CJ.merb &nd, Rr�, pv, Mrarb, Ce.aJ. L1S 3U. GRACE Thia product my be c—d by Da.., or pabnb pandins. ClW119ht 1996, W . G.r. y Co.-Coon. CND - Jf, 1C hb«d - US.A. 19% PdM.fKr1 u Construction Products Sent,Byy: VULCAN MATERIALS LABORT ; 16192986613; Nov 30� ? 26W1 Page 9, "3 P R O D U C T i N F O R N' A T I O N � Daravair (kI 1 ' 0 Air - Entraining Admixture ASTM C 260, AASHTU N1 '154 Description Daravair' 1000 is a liquid r air - entraining admixture that provides freeze -thaw resistance, y . ,yield control, and finishability performance across the full range of concrete mix designs. Daravair 1000 is a clean, light- orange a " product designed to generate specification- quality air systems. ° Based on a high -grade saponified rosin formulation, Daravair 1000 is chemically similar to vinsol- based products, but with increased purity and supply' dependability. " d Uses Daravair 1000 air- entraining - w admixture may be used wherever the purposeful entrainment of air is required by concrete specifica- r Fly Ash at:! S1aK r _lu tlr r. in nuxiao w -uor tl0115. Forrnuiated to pei`Orm • .:Up °rpiastlCl�_ers '.OS' of s „am?. PLICNabilrly is across the entirr spectrum of • Manzttawtuted S::nd; i,Ppr.oved. Ble -ding, plastic production mixes, Daravair 1000 ;hrinkage and seg,regation arc generates quality, freeze -thaw Ai,• - .;-9Aci,�: minir,cl rd. resistant air systems in concrete Air is incorporated into the con- Throub the purposeful entrain - conditions that include the crete by the mechanics of rm.Xul ; rnrnt of air, Daravair 1.000 following: and .t;ibilizcd into millions of dis- ittar!kcdlr increas;:s the durability • Low Slump cretc semi - microscopic bubbles in of concrete to severe exposures • Paving the presence of a specifically parci� to freezing; and draw- • Central Mix designed air- erttr0ining admixture Fig. It has also dcrrwnstrated a • Extruded Slip Form such as Daravair 1000. These air rcinarkable ability to impart resis- • Mixes Containing Hot Water bubbles act much like tleN:ibie Ball t:rnCC to the action of frost and and Accelerators bearings increasing the mobility, deicing salts as well as sulfate, sca • Precast or plasticity and -,vorkability of and alkaline waters, • High Cement Factor the %oncrete. This C:in permit a C Z s Construction Sent, Efiy: VULCAN MATERIALS LABORT ; 1 61 9298661 3; Nov -30 2.26W; Page 'P ,1 0 Compatibili with Other concrete, particularly water - mablr ingredienrs. Daravair 1000 Admixtures reducing admixtures and tivater- will freeze at about -1 °C (30 ° F) Daravair 1000 air - entraining reducing retarders. This ma) but its air- entraining properties admixture is fully effective and allow up to a two - thirds reduc- are completely restored by compatible in concrete with other tion in the amount of Daravai r thawing and thorough mechanical admixtures. EACH ADMIX- 1000 required. agitation. TUBE, HOWEVER, SHOULD BE ADDED TO THE CON. Mix Adjustment Architects' Specifications CRETE SEPARATEI.Y. Entrained air will increase the Concrete shall be air entrained volume of the concrete making it concrete, co,ltaining 4 to 8% Addition Rate necessary to adjust the mix pro- entrained air. The air contents in 'T'here is no st andard addition rats portions to rnalnrain t he cement the rtcrete s! all be det,rrni,,cd for Daravair 1000 a1-- entn- -iwng is - c *.Ir �,nd ,.xid. Thic may be by , 0-e f''e:.sst..e rne,tn�,d iAS "IM admixture. The amount to be ac by a - eduction in Designation C. 231) or vr used will depend upon the water requirement and aggregate method (ASTM Designation C amount of air required for job content, 173). The ,l:r entraining admix - conditions, usually in the range of ture shall L,: a c:,m P lerel Y' neutral - 4 to 8 %. Typical factors which dispensing Equipment ized rosin solution, such as might influence the amount of a ir- A compl —e line of accurate auto - Daravair 1000 as manufacture entraining admixture required mam; dispensing equipment is by Grace Construction Products, are, temperature, cement, sand available. These dispensers can qr equal and comply with gradation, and the use of extra be located to discharge into standard specification for air - fine materials such as fly ash and the wate..r line, the mixer, or on entraining admixtures (ASTM tnicrosilica. Typical Daravair the sand. Designation C 260). The air - 1000 addition rates range from entraining admixture shall he 50 to 200 mL /100 kg ( /4 to packaging added at the concrete mixer or 3 fl oz/100 lbs) of cement. Daravair 1000 air - entraining batching plant at approximately The air - entraining ca pacity of admixture is available in bulk, 50 to 200 mL /100 kg ( to Daravair 1000 is usually delivered by metered tank trucks 3 fl oz /100 ibs) of cement, or in increased when other concrete and in 210 1, (55 gal) drums. such quantities as to give the spec - admixtures are contained in the Daravair 1000 contains no flam- ified air contents. W.R. Grace & Co. -Conn, 62 Whitrcm(ire Avenue Cambridge, MA 02140 Unlr it, npyrer<d ",& ul u.u. Gott 6c Cu. l],nn. Wr h„l,r Ihr Inh,rrn.rl. >n K,,:n h:r -JI 7r hclplul. Ir �. horn) ..n . {nc� ,W k]oA�e :rrnaiJ rcJ r1, M, rn r nd u .Ic,.r 'A A•W •c 'IK'ar., lour w .1.. „� .. m nc nauln ni h. ..Ard�cJ. %roar ,J 11 K.IIVnICn1.. n rs cr. ,rh, GRfiCE arpb m dl K „n.1a gl t�lird Y„mn...... ulr wM:h 9v ar v>.,.,� ,� , i,Ihr�(lraerfnn.rn,;r,,.,n Pr.]Ju W.R. .c„ &r; ., r'. "eL Wh'Inr.mnr. A•e�lurl C,ru'I Jarell +IkJ h, -u„ C . Kr'. Utl 9-kc: k="WYh`w `MdbY — Jing Capynytq 19W -W,R Gra.e.'4 -Cam. AfR -'YU Fn 1W ,nL'S:t and rgFGPS'ulAl Construction Products LEGEND -- PROPOSED HAUL ROUTE o TRAFFIC CONES 0 COAST HWY m Q z_ U 2ND STREET w 3RD STREET w ry m 4TH STREET 0 0 0 0 0 REST— 0 I ROOMS 0 0 SNACK o 0 BAR 0 0 r.-�� 0 VOLLEYBALL COURTS ::5:TTH::STREET ° �� DEC 0 1200 0 p r p ENGIGI EEN RING SERVICES p �/ p CITY OF ENCINITAS -/ MOONLIGHT BEACH 0 CONDOM - JOHNSON 836 -860 NEPTUNE AVE. SHEET q4wx ENC/NITAS, CA CONTNACTONf ANQ - NOINYI- G"M"` "IM"� S'�'"G"'E ACCESS PLAN SHEET 1 Of 1 iwrrNrir,.s.Naim.Nau.www . nnm Naaw . mmp Naun LEGEND p TRAFFIC DELINEATORS NEPTUNE AVE. 858 -860 836 -838 RETAINING WALL 20 0 D ° l4 ° BEACH ° ° D i ENGINEERING SERVICES CITE F ENCINI _- D p D ° TIDE LINE CONDOM - JOHNSON 836-860 NEPTUNE AVE SHEEP � 6 ASSOCIATES, INC. (v`i CAIiITMGTORl .,I.O �MO,N��,ef ENCINITAS, CA B 1 G°'- -N-1- °Po "" � BARRIER PLAN SHEEP 1 OF 1 Iczy ON DO N -J O H N1 N & A S S O C I A T E S , I N C. CONTRACTORS AND ENGINEERS Case 00 -062 MUP {Coastal Bluff Repair @ 836 -860 Neptune Ave.} Beach Encroachment Application 6751 TE A. P. N. 256- 011 -17, 254 - 311 -05 CONSTRUCTION EQUIPMENT 1. Piling Drill Rig 2. Tieback Drill Rig 3. Grout Plant 4. Compressor 5. R/T Crane 6. Concrete Trailer Pump 7. P/U Trucks 8. Material and Equipment Delivery Trucks ��k' Z ENGINEERING SERVICES Crr OF I ITAS ____.j GENERAL ENGINEERING • SHORING • CAISSONS 1840 EMBARCADERO, (94606), P.O. BOX 12368, OAKLAND, CA 94604 • TEL: (510) 534 -3400 • FAX: (510) 534 -3421 11040 SANTA MONICA BLVD., SUITE 300, LOS ANGELES, CA 90025 • TEL: (310) 575 -1600 • FAX: (310) 575 -1606 651 STRANDER BLVD., SUITE 110, TUKWILA, WA 98188 • TEL: (206) 575 -8248 • FAX: (206) 575 -8354 9747 BUSINESSPARK AVE., SUITE 217, SAN DIEGO, CA 92131 • TEL: (858) 271 -9174 • FAX: (858) 271 -8059 CONDO N- JOHNOON & A S S O C I A T E S , I N C. A CONTRACTORS AND ENGINEERS November 27, 2000 City of Encinitas Engineering Services Dept. 505 S. Vulcan Avenue Encinitas, CA 92024 Attn: Director of Community Services Dept. RE: Case 00 -062 MUP {Coastal Bluff Repair @ 836 -860 Neptune Ave.} Beach Encroachment Application 6751 T A. P. N. 256- 011 -17, 254 - 311 -05 Contractor Responsibility Dear Sir or Madam: This letter is to acknowledge that Condon - Johnson & Associates, Inc. (CJA) will be liable for any costs to correct damages to the beach or adjacent areas resulting from emergency permit work undertaken by CJA on the above referenced project. In addition, CJA acknowledges that during the period of our work, construction debris washing onto the beaches within one mile north or south of the work site shall be the responsibility of CJA and shall be removed at no expense to the City of Encinitas. Construction debris is defined as any lumber, piling, crates, boxes, containers and other objects that could be used for construction identical to that being used on the project site. Sincerely, Condon - Johnson & Assoc., Inc. George Burroug s , - Area Manager DES, L2000 ENGINE' =aING SERVICES -IT O ENCIN ITAS GENERAL ENGINEERING • SHORING • CAISSONS 1840 EMBARCADERO, (94606), P.O. BOX 12368, OAKLAND, CA 94604 • TEL: (510) 534 -3400 • FAX: (510) 534 -3421 11040 SANTA MONICA BLVD., SUITE 300, LOS ANGELES, CA 90025 • TEL: (310) 575 -1600 • FAX: (310) 575 -1606 651 STRANDER BLVD., SUITE 110, TUKWILA, WA 98188 • TEL: (206) 575 -8248 • FAX: (206) 575 -8354 9747 BUSINESSPARK AVE., SUITE 217, SAN DIEGO, CA 92131 • TEL: (858) 271 -9174 • FAX: (858) 271 -8059 i ! CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT � I State of \ ,� & 'v v �. 1 J County of �c �� 6 c� t On ` j before me, DATE NAMEJ TITLE OF OFFICER - E.G., - JANE DOE, NOTARY PUBLIC - personally appeared E(S) OF SIGNER(S) ❑ personally known to me - OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)4s re subscribed to the within instrument and ac- knowledged to me thate /she /they executed the same in his /,her /theiruthorized capacity(ies), and that by�his /her /their NANCY A. CUE t signature(s) on the instrument the person(s), COMM. #1257238 m = - Notary Public - California co or the entity upon behalf of which the w =° w SAN DIEGO COUNTY My Comm. Exp. March 18, 2004 person(s) acted, executed the instrument. ,. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TI LE OR TYPE OF DOCUMENT �(( ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 1 ❑ ATTORNEY -IN -FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: I DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIY(IES) SIGNER(S) OTHER THAN NAMED ABOVE JAN -11 -2001 THU 16:14 ID:COASTAL COMMISSION TEL:619767 2984 P:02 STATE OM CMJ00*" rW RESOURCES AGMey r A ORAV DAVID, OoYrmor CALIFORNIA COASTAL COMMISSION em DIEGO AREA WS AISTROPOurr" DN". surm'as sm =40, CA 5210"40 (ego) rs� 2rro ' EMERGENCY PERMIT Applicant: Mike Brown Date: January 11. 200A Emergency Permit No. &01;J0 LOCATION OF ISMEMENCY WORKI On the beach below 836 -838 Neptune Avenue, Encinitas, San Diego County. WORK PROPOSED Temporary placement of approximately 2 to 6 lineal feet, 5 to 7 feet -high rip -rap on the public beach consisting of % -ton to 2 -ton quarry stone. (reference attached site plan by Soil Engineering Construction) Placement of the imp. b ehind w l (currently unge This letter constitutes approval of the emergency work you or your representative has requested to be done at the location listed above. I understand from your Information and our site inspection that an unexpected occurrence In the form of wave action eroding the. lower bluff resulting bluff sloughening and creation of tension cracks below the subject properties which requires Immediate action to prevent or mitigate loss or damage to life, health, property or essential public services. 14 Cal. Admin. Code Section 13009, The Executive Director of the Coastal Commission hereby finds that: (a) An emergency exists which requires action more quickl than permitted by the procedures for administrative or ordinary permits and the development can and will be completed within 30 days unless otherwise specified by the terms of this permit; (b) Public comment on the proposed emergency action has been reviewed If time allows; (c) As conditioned, the work proposed would be consistent with the requirements of the California Coastal Act of 1976. The work is hereby approved, subject to the conditions listed on the attached page. Sincerely, PETER M. DOUGLAS Exec • Director a1 'lily; DEBORAH EE Deputy Director JAN -11 -2001 THU 16:15 ID:COASTAL COMMISSION TEL:619767 2984 P:03 • • Emergency Permit Number: 6- 01 -12.O Date: 1/11/01 CONDITIONS F APPROVAL' 1. The enclosed Emergency Permit Acceptance form must be signed by the PROPERTY OWNER and returned to our office within 15 days. 2. Only that work specifically described In this permit and for the specific properties listed above Is authorized. The construction, placement, or removal of any accessory or protective structure, including but not limited to, stairways or other access structures, walls, fences, etc. not described herein, are not authorized by this permit.. Any additional work requires separate authorization from the Executive Director. 3. The work authorized by this permit must be completed within 30 days of the date of this permit (i.e., by February 10. 2001). 4. The emergency work carried out under this permit Is considered TEMPORARY work done In an emergency situation and shall be removed In Its entirely within 120 days of the Issuance of this permit (i.e., by May 11, 2001) unless a regular coastal development permit is approved to maintain the rip -rap for a longer period of time as an Interim measure. 6. In exercising this permit, the applicant agrees to hold the California Coastal Commission harmless from any liabilities for damage to public or private properties or personal Injury that may result from the project. 7. This permit does not obviate the need to obtain necessary authorizations and/or permits from other agencies (e.g. State Parke and Recreation, Dept. of Fish & Game, U.S. Fish & Wildlife, U.S. Army Corps of Engineers, State Lands Commission, City of Encinitas). 8. Prior to the commencement of the construction, the applicant shall submit to the Executive Director, evidence that the project has been reviewed and approved by the City of Encinitas. 9. The temporary rip -rap shall be placed as far inland as possible. No total sand, cobbles or shoreline rocks shall be used for +baddill or for any other purpose as construction material. During both the construction and removal stages of the project, the permittee shall not store any construction materials or waste where It will be or potentially be subject to wave erosion and dispersion. Within 5 days of completion of construction, the permittee shall remove from the bluff face and beach area any and all debris that results from construction of the approved development. 10. Within ten days of Issuance of this emergency permit, the applicant shall submit for review and written approval of the Executive Director, evidence that a performance bond or other bonding mechanism, In a form and content acceptable to the Executive Director, has been accepted by the City of Encinitas for an amount sufficient to cover the removal of the rip rap. The bond shall remain in effect until the rlp -rap has been removed or alternative measures have been constructed with approval by the City of Encinitas and the Coastal Commission. If you have any questions about the provisions of this emergency permit, please call the Gary Cannon at the Commission's San Diego Coast Area Of ice at the address and telephone number listed on the first page. JAN -11 -2001 THU 16:15 ID:COASTAL COMMISSION TEL:619767 2384 P:04 6 RN TATE OP CALWO A -THE RE mmu AGEWW • QDAT DAVID, Oorwx CALIFORNIA COASTAL COMMISSION OAN DIEGO AREA 767E MMOPOUTAN DRIVE, WIN 106 SAN DIEGO. CA 271014409 (619) 707 -070 � EMERGENCY PERMIT ACCEPTANCE FORM TO: CALIFORNIA COASTAL COMMISSION j SAN DIEGO COAST AREA 7676 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108 - 4402 (619) 767 - 2370 RE: Emergency Permit No. 01 - INSTRUCTIONS: After reading the attached Emergency Permit, please sign this form and return to the San Diego Coast Area Office within 15 working days from the permit's date. I hereby understand all of the conditions of the emergency permit being Issued to me and agree to abide by them. Signature of property owner Name Address Date of Signing (0;%W DI696W *rprnay1S -W4 24 drown RIPMP randoe) I JAN -11 -2001 THU 16:15 ID:COASTAL COMMISSION TEL:619767 2384 P :06 01/10!2001 14:25 FAa 749473 SEC Z 02 A ki FT Lai p d h < o zoos �' � � � •' � o �W a ; ,SAN � cc uFO R!'4'1�� o ? ICS LL • � \ � � s coASTAI ` SAN DIEGO mn o t -1 Gy�� I � r •� 1 J 3 , t` STATE OF CALIFO -THE RESOURCES AGENCY sk -_ GRAY DAVIS. CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 1 -w SAN DIEGO, CA 92108 -4402 (619) 767.2370 Mike Brown 1266 Alki Avenue SW Seattle, WA 98116 NOTICE OF ACCEPTANCE Date: December 8, 2000 Applicant: Mike Brown/Richard Sonnie Document or Plans: 1. Evidence that $5.000.00 deposit made with the City of Encinitas to assure debris removal. 2. Temporary permit f CAL OSHA aflowing plan check to occur by City. Submitted in compliance with Special Condition(s) No(s).: 9 of Coastal Development Permit No. 6 -00 -171 -G Remaining Special Condition(s) that need to be satisfied before development may commence: 6 (proof of other permits) 7 (final plans approved by the City of Encinitas) and 8 (Evidence from CAL OSHA that plans are acceptable) Material submitted in compliance with said Special Condition(s) of your emergency permit has been reviewed by the District Director and found to fulfill the requirements of said condition(s). Your submitted material and a copy of this letter have been made a part of the permanent file. Sincerely, Deborah Lee Deputy Director By: cc: Monica Sonnie City of Encinitas (GASan DiegoU.EE\&- 0- 171 -GNOA doc) Emergency Permit 6 -00 -171 -G November 20, 2000 Page 4 EMERGENCY PERMIT ACCEPTANCE FORM TO: CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108 -4402 (619) 767 -2370 RE: Emergency Permit No. 6 -00 -171 -G SITE HISTORY In June of 1996, a substantial landslide occurred just south of Beacon's Beach in the City of Encinitas, affecting several residential properties, including the properties subject to this emergency permit. In response to the landslide and the property owners' requests, the Executive Director of the Coastal Commission issued a number of emergency permits to several property owners for various types of structures to address the emergency situation. Three emergency permits each were issued to Mike Brown and Richard Sonnie.. These emergency permits included the construction of a deadman system on the top of the bluff for each property (which were constructed and remain in place today), the construction of a shotcrete wall and soil nails (tiebacks) at the upper bluff (which were constructed; one remains in place and one failed in 1999), and the placement of riprap on the beach to protect the properties from wave action (this emergency permit was never carried out by the property owners and subsequently expired). Each of the emergency permits that were issued and signed by the property owners included a requirement that a follow -up regular coastal development permit be N07 obtained for the emergency measures. To date, neither of the property owners has obtained a follow -up regular permit, in violation of the terms of the emergency permit. Subsequent to completion of the emergency repairs, several property owners and the City were parry to litigation regarding the landslide and no further repairs or permits were sought until May of 1999 when the upper bluff shotcrete wall failed at 836 -838 Neptune Avenue (Mike Brown). At that time, the property owners subject to this request submitted an emergency permit request to construct a seawall and upper bluff repairs. However, the request was rejected by the Executive Director due to lack of information N6T and the fact that there was no proposal designed by and under the direction of a licensed engineer. No plans, geotechnical information or other relevant information was submitted and the property owners were notified in writing of the need to provide such information. While engineered plans were received with the current emergency permit request, relevant and up to date geotechnical information addressing current site conditions or reasons for past failures of protective measures still has not been submitted. Coastal Commission staff has again requested such information. 1 t Emergency Permit -00 -171 -G November 20, 2000 Page 5 ACKNOWLEDGEMENTS In acceptance of this emergency permit, I acknowledge that Coastal Commission staff has requested additional geotechnical/engineering information addressing current site conditions No7 3 and reasons for past failures of protective measures as it pertains to the subject proposed emergency measures. I have refused to provide this information. Instead, I acknowledge that the proposed emergency measures have been engineered based on geotechnical information that is over two years old and prepared prior to the latest failure of protective measures. As such, as outlined in the attached memos, the Coastal Commission staff geologist and engineer have concerns regarding design elements, construction techniques and engineering and geotechnical assumptions associated with the proposed protective structures. I also understand that any work authorized under an emergency permit is temporary and subject to removal if a regular Coastal Permit is not obtained to permanently authorize the No7- emergency work. I agree to apply for a regular Coastal Permit within 60 days of the date of the emergency permit (i.e., by January 20, 2001). 1 agree to provide the information outlined in the attached memos from the Coastal Commission's staff engineer and geologist as part of the regular coastal development permit application. I also acknowledge and understand that a regular coastal development permit would be subject to all of the provisions of the City of Encinitas Local Coastal Program and/or the Coastal Act and may be conditioned accordingly. These conditions may include, but not be limited to, provisions for long term maintenance and monitoring of the bluff face, a sand mitigation fee, a requirement that a deed restriction be placed on the property assuming liability for damages incurred from bluff failures, and restrictions on future construction of additional shore or bluff protection. INSTRUCTIONS: After reading the attached Emergency Permit, please sign this form and return to the San Diego Coast Area Office within 15 working days from the permit's date. I hereby understand all of the conditions of the emergency permit being issued to me and agree to abide by them. AWLJCA vrs ISIMS. NOW 1 Al Cie direction of the Coastal \ / Commission, the Prop" owners �. l submitim an application for panrranent Mike Brown permits to the City of Encinitas on 3 &M. Note 2 Engictee" plans for bluff repair Rana submitted in 1969 t r William n. i RCE W. Flrown has not *nsw as a bomaw a vrow. Name Note 3 Apoiewl "rem Rich the CCC sluff / 2' & liz K 9e"Ist Mark Jameson that the current Add re _ i in a SW s ou f the tlm to obt to obtain a second so Wl review. Appka has 5UbmiWd updMW sods lofom oon as listed in MarkJohnsson's 11/1o0o memo and vA submit an updated soils anarysia as part of the Cop process, _ �� a�f_'oZDO� Note 4: Applicant submitt �.a MU Date of Signing p ae appHion to 3/18117()_ '''' t `` CALIFORNIA ALL - PURPOSE ACKNUWLtUkxnntn a State of `- _ G U - County of On GJ L� CIO before me, � � yr �- Oate Name and ,oer (eA, - Jane Doe. Notary PubGC7 personally appeared Names) d Sgner(s) ❑ personally known to me _ OR -t proved to me on the basis of tisfactory evidence to.be the person whose name re subscrib to the within instrument and ackn edged to me that10he/they executed the t e i hi er/their a orized capacity), and that by ter/their signature(p) on the instrument the person,(97, or the entity upon behalf of which the personn D s'f acted, I NNE c�0MM. #1196852 M. BEESON m executed the instrument. O NOTARY PUBLIOCWFORNIA SAN DIEGO COUNTY My Comm EVrw Sap.19.2= WIT and and, ff•cial seal. tare o/tJntaq P4&k " OPTIONAL Though the information below is not required bylaw it may.praove valuable to persons retyrng.ori the docum a_ nd could prevent fraudulent removal and reattachment of this form to another document. _ - Description of Attached Document Title or Type of Document: nC r' 0 4 2 0 Document Date: Number of Pages: CA l IFORNi COASTAL COM SION Signer (s) Other Than Named Above: SAN DI EGO COAS DISTRICT Capacity(ies) Claimed by Signer(s) Signer's Name: Sign Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner — ❑ Limited ❑ Gene .0 Partner — ❑ limited O General ❑ Attorney -in -Fact ❑ Attomey -in -Fact ❑ Trustee O Trustee ❑ Guardian or n for - ❑ Guardian oe Conservator - 1 ❑ Other. Top of tr>znb twe ❑ Other. Top of thu here Signer Is Representing: Signer Is Representing: O 1994 Natant Notary . Assodatioa -8'236 RemitteCAW.;1R0; P=71&1- _Cat}o�a.Palk Cg$ LZ :...; .. ;•.:�.� - :s:...e�.,�``� -�..� - :c< Fteoider: Cap Tdl- Frye_[�M:jl76-S827 STATE OF CALIFORNIA- -THE RESOURCES AGENCY GRAY DA Govern r CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108 -4402 (619) 767 -2370 EMERGENCY PERMIT Emergency Permit No. 6 -00 -171 -G Date: November 20, 2000 Applicants: Mike Brown Richard Sonnie c/o Monica Sonnie 1266 Alki Avenue SW 639 Springbrook N. Seattle, WA 98116 Irvine, CA 92614 LOCATION OF EMERGENCY WORK: On the beach and bluff fronting 836 -838 and 858- 860 Neptune Avenue, Encinitas (San Diego County) (APN's: 256 - 011 -17, 254- 311-05) WORK PROPOSED: Construction of a 100 ft. long, 27 ft. high, seawall comprised of 36 inch caissons spaced 8 ft. on center with one row of 13 tiebacks approximately 60 ft. in length with shotcrete facing between the caissons. The seawall will located along the pre - existing toe of the bluff, approximately 30 ft. landward of the toe of the existing debris pile. Also proposed is the construction of a 50 ft. long, 50 ft. high upper bluff retaining wall comprised of 36 inch caissons spaced approximately 10 ft. on center with one row of tiebacks approximately 70 ft. in length. Wooden lagging will be placed between the caissons and backfill placed behind the wall. The wall will be faced with a colored and textured shotcrete application (ref. repair plans by FILM Consulting Engineers dated 10/17/00). This letter constitutes approval of the emergency work you or your representative has requested to be done at the location listed above. I understand from your information and our site inspection that an unexpected occurrence in the form of ongoing erosion and sloughage of the upper bluff at the site of an existing landslide requires immediate action to prevent or mitigate loss or damage to life, health, property or essential public services. 14 Cal. Admin. Code Section 13009. The Executive Director of the Coastal Commission hereby finds that: (a) An emergency exists which requires action more quickly than permitted by the procedures for administrative or ordinary permits and the development can and will be completed within 30 days unless otherwise specified by the terms of this permit; (b) Public comment on the proposed emergency action has been reviewed if time allows; (c) As conditioned, the work proposed would be consistent with the requirements of the California Coastal Act of 1976. The work is hereby approved, subject to the conditions listed on the attached page. Sincerely, PETER M. DOUGLAS Executive Director By: DEBORAH LE Deputy Director Emergency Permit 6 -00 -171 -G November 20, 2000 Page 2 CONDITIONS OF APPROVAL: 1. The enclosed Emergency Permit Acceptance form must be signed by each PROPERTY OWNER and returned to our office within 15 days. 2. Only that work specifically described in this permit and for the specific properties listed above is authorized. Any modifications to the described work or additional work requires separate authorization from the Executive Director. 3. The work authorized by this permit must be completed within 60 days of the date of this permit (i.e., by January 20, 2001). This emergency permit is only for the above described seawall and upper bluff retention system. No other work is approved by this emergency permit. The construction or placement of any accessory or protective structure, including but not limited to, stairways or other access structures, decks, drainage structures or pipes, walls, fences, etc., are not authorized by this permit. If during construction, site conditions warrant changes to the approved plans, the San Diego District office of the Coastal Commission shall be contacted immediately prior to any changes to the project in the field. 4. The emergency work carried out under this permit is considered to be TEMPORARY work done in an emergency situation. In order to have the emergency work become a permanent development, a regular coastal development permit must be obtained. An application for regular Coastal Permit to have the emergency work remain as permanent shall be submitted within 60 days of the date of this permit (i.e., by January 20, 2001). If a regular coastal development permit is not received from the City of Encinitas and/or the Coastal Commission, the emergency work shall be removed in its entirety within 150 days of the above date unless waived by the Executive Director. 5. The subject emergency permit is being issued in response to a documented emergency condition where action needs to be taken faster than the normal coastal development permit process would allow. By approving the proposed emergency measures, the Executive Director of the Coastal Commission is not certifying or suggesting that the structures constructed under this emergency permit will provide necessary protection for the blufftop residential structures. Thus, in exercising this permit, the applicant agrees to hold the California Coastal Commission harmless from any liabilities for damage to public or private properties or personal injury that may result from the project. 6. This permit does not obviate the need to obtain necessary authorizations and/or permits from other agencies. PRIOR TO COMMENCEMENT OF CONSTRUCTION, the applicant shall submit to the Executive Director for review and written approval, copies of all other required local, state or federal (i.e., State Lands Commission, Army Corps of Engineers, California Department of Parks and Recreation) discretionary permits/authorizations for the development herein approved, or provide evidence that none is required. Emergency Permit 6 -00 -171 -G November 20, 2000 Page 3 7. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, the applicant shall submit to the Executive Director, for review and written approval, final plans for the seawall and bluff retention system that have been reviewed and approved by the City of Encinitas Engineering Department. Said plans shall be in conformance with the plans dated 10/17/00 by FLM Consulting Engineers and include the following: a. No local sand, cobbles or shoreline rocks shall be used for backfill or for any other purpose as construction material. During both the construction and removal stages of the project, the permittee shall not store any construction materials or waste where it will be or potentially be subject to wave erosion and dispersion. Within 5 days of completion of construction, the permittee shall remove from the bluff face and beach area any and all debris that results from construction of the approved development. b. All drainage improvements, including surface swales, hydroaugers, keyways and bench drains shall be directed such that they exit the property perpendicular to the shore and shall not be allowed to cross laterally onto adjacent properties. c. The height of the seawall shall be the minimum necessary to provide adequate protection. 8. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, the applicant shall submit for review and written approval of the Executive Director, evidence that CAL OSHA has reviewed and found acceptable with regard to worker safety, the project plans approved by the City of Encinitas and the proposed construction methods and sequence. 9. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, the applicant shall submit for the review and approval of the Executive Director, evidence that a performance bond, in a form and content acceptable to the Executive Director, has been accepted by the City of Encinitas for an amount sufficient to cover the removal of any materials associated with construction of the shore /bluff protective measures and/or any materials or debris associated with the failure of any of the proposed structures. The bond shall remain in effect until the protective measures have received approval by the City of Encinitas and/or the California Coastal Commission under a regular coastal development permit for permanent retention. If you have any questions about the provisions of this emergency permit, please call Lee McEachern at the Commission's San Diego Coast Area Office at the address and telephone number listed on the first page. Emergency Permit 6 -00 -171 -G November 20, 2000 Page 4 EMERGENCY PERMIT ACCEPTANCE FORM TO: CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108 -4402 (619) 767 -2370 RE: Emergency Permit No. 6-00 -171 -G SITE HISTORY In June of 1996, a substantial landslide occurred just south of Beacon's Beach in the City of Encinitas, affecting several residential properties, including the properties subject to this emergency permit. In response to the landslide and the property owners' requests, the Executive Director of the Coastal Commission issued a number of emergency permits to several property owners for various types of structures to address the emergency situation. Three emergency permits each were issued to Mike Brown and Richard Sonnie. These emergency permits included the construction of a deadman system on the top of the bluff for each property (which were constructed and remain in place today), the construction of a shotcrete wall and soil nails (tiebacks) at the upper bluff (which were constructed; one remains in place and one failed in 1999), and the placement of riprap on the beach to protect the properties from wave action (this emergency permit was never carried out by the property owners and subsequently expired). Each of the emergency permits that were issued and signed by the property owners included a requirement that a follow -up regular coastal development permit be obtained for the emergency measures. To date, neither of the property owners has obtained a follow -up regular permit, in violation of the terms of the emergency permit. Subsequent to completion of the emergency repairs, several property owners and the City were party to litigation regarding the landslide and no further repairs or permits were sought until May of 1999 when the upper bluff shotcrete wall failed at 836 -838 Neptune Avenue.(Mike Brown). At that time, the property owners subject to this request submitted an emergency permit request to construct a seawall and upper bluff repairs. However, the request was rejected by the Executive Director due to lack of information and the fact that there was no proposal designed by and under the direction of a licensed engineer. No plans, geotechnical information or other relevant information was submitted and the property owners were notified in writing of the need to provide such information. While engineered plans were received with the current emergency permit request, relevant and up to date geotechnical information addressing current site conditions or reasons for past failures of protective measures still has not been submitted. Coastal Commission staff has again requested such information. Emergency Permit 6 -00 -171 -G November 20, 2000 Page 5 ACKNOWLEDGEMENTS In acceptance of this emergency permit, I acknowledge that Coastal Commission staff has requested additional geotechnical /engineering information addressing current site conditions and reasons for past failures of protective measures as it pertains to the subject proposed emergency measures. I have refused to provide this information. Instead, I acknowledge that the proposed emergency measures have been engineered based on geotechnical information that is over two years old and prepared prior to the latest failure of protective measures. As such, as outlined in the attached memos, the Coastal Commission staff geologist and engineer have concerns regarding design elements, construction techniques and engineering and geotechnical assumptions associated with the proposed protective structures. I also understand that any work authorized under an emergency permit is temporary and subject to removal if a regular Coastal Permit is not obtained to permanently authorize the emergency work. I agree to apply for a regular Coastal Permit within 60 days of the date of the emergency permit (i.e., by January 20, 2001). 1 agree to provide the information outlined in the attached memos from the Coastal Commission's staff engineer and geologist as part of the regular coastal development permit application. I also acknowledge and understand that a regular coastal development permit would be subject to all of the provisions of the City of Encinitas Local Coastal Program and/or the Coastal Act and may be conditioned accordingly. These conditions may include, but not be limited to, provisions for long term maintenance and monitoring of the bluff face, a sand mitigation fee, a requirement that a deed restriction be placed on the property assuming liability for damages incurred from bluff failures, and restrictions on future construction of additional shore or bluff protection. INSTRUCTIONS: After reading the attached Emergency Permit, please sign this form and return to the San Diego Coast Area Office within 15 working days from the permit's date. I hereby understand all of the conditions of the emergency permit being issued to me and agree to abide by them. Mike Brown Name Address Date of Signing Emergency Permit 6 -00 -171 -G November 20, 2000 Page 6 ACKNOWLEDGEMENTS In acceptance of this emergency permit, I acknowledge that Coastal Commission staff has requested additional geotechnical/engineering information addressing current site conditions and reasons for past failures of protective measures as it pertains to the subject proposed emergency measures. I have refused to provide this information. Instead, I acknowledge that the proposed emergency measures have been engineered based on geotechnical information that is over two years old and prepared prior to the latest failure of protective measures. As such, as outlined in the attached memos, the Coastal Commission staff geologist and engineer have concerns regarding design elements, construction techniques and engineering and geotechnical assumptions associated with the proposed protective structures. I also understand that any work authorized under an emergency permit is temporary and subject to removal if a regular Coastal Permit is not obtained to permanently authorize the emergency work. I agree to apply for a regular Coastal Permit within 60 days of the date of the emergency permit (i.e., by January 20, 2001). 1 agree to provide the information outlined in the attached memos from the Coastal Commission's staff engineer and geologist as part of the regular coastal development permit application. I also acknowledge and understand that a regular coastal development permit would be subject to all of the provisions of the City of Encinitas Local Coastal Program and/or the Coastal Act and may be conditioned accordingly. These conditions may include, but not be limited to, provisions for long term maintenance and monitoring of the bluff face, a sand mitigation fee, a requirement that a deed restriction be placed on the property assuming liability for damages incurred from bluff failures, and restrictions on future construction of additional shore or bluff protection. INSTRUCTIONS: After reading the attached Emergency Permit, please sign this form and return to the San Diego Coast Area Office within 15 working days from the permit's date. I hereby understand all of the conditions of the emergency permit being issued to me and agree to abide by them. Richard Sonnie Name Address Date of Signing (GASan Diego\Emergency \6- 00.171•GBrownSonnie EP.doc) c ; (-4P I�. R• in p n C1 �•±-- ` ` ` c� it 1� ' � r r m L Lp say —• fj- II ZZ i !1 II q Z -4 rtl IWO I �� II rn �� i Z cI c REPAIRS TO BLUFF FALURE - 8199 MINT AV � FILM CON8ULTING ENGINEERS ! T c + � � K ! O -� 9 � I � cos' r4i r►.cr� � I T i m o MR. MIKE BROWN AN -D MS. MONICA S0.K IE 6 S36lS3 \Zl &iS /SbC \=r,\E AI T- E\CL \7f aS. CA. •, :• 3 r QD i m - f ID O i rn O !m � J 27-0 D D TTF. i r C) D T Tri - _ _ - - -- -- -- -- --- --- - - (ID — x m O to _ a m I m W i 1 m 20' 0" M ;t1 Z T nom - - - - -- - -- cr m - - - - -- i I L i — V I m n eo rn i67 _ _ _ _ _ - -_ - ! 1= " / I I - -- -- - - -- -- �1 3 D W { - - - (Pm ij- - -- - -- --- - - - - -- - - -- E— — --------- = - - - -- _; -- - - - - - - - -- -- - O OD m m , 3> I Dn J I �m 770 - 1 m Cl rn l9 7T1 I L --4 I T i rn T I Cl I T- O I m T- < D 1 r I 1 ': �j REPAIRS n BLUFF FAIL RE - RP66 AEP'1 UTT AVE VE I j FLM CONSULTNG ENGINEERS C � I " { � 1 lJm 11Yp[ R. \W WC. ULLlON� Q41 9 I ! I � rs •�x orl rac: Z 6 1 o i l iR. MIKE BROWN AN IIS. MONICA SOKKI£ { .. �. . -J ! I .&''S35 VQ % \=N AV F-KNITAS. CA. a 11 LLI f LLI z LO z ID L Lo 7 0 LL LL- Z 0 u 4 3 Y- LLI LL. cri t cn ul cl a X \ 7, L � L LL.L lu OAT• / � \ �� l'IICC \CO tlY: N OTED slim 14o.: o Lu W u LLI"q ll (L x -1 z Lu:;i T.O.W. EL. 27.0' � W24 r. 103 L;-=,6.N ONG EL. 20.0' ry) &+4CTCR=-7E WALL BELOW EL. = le'-O" TO BE INSTALLED AT LATER DATE AS FEa'7-' S F,E(�EEDING BLUFF: TOE I El A INA��E BE 4Ci4 Y SAN ' PER 5G�ED-. "'o f=v G S L IDE F L A- ti ;r EL. 0'—�\ 3 P51 U== 7 ; = - 5 A REPAIRS TO BLDTF FACIE - RPR NOUNT AVE i FLM WNEERS N�D X FICA SON 7 6 MR. MIKE BROWN -k. I IS. MON mog AND 9 56n4k \UM. All EM=AS. U BACKFILL IUF- F' -O" .u/ i + TOPSOIL M &RIAL I I sL'JR E ACKFFLL i i sNOTCRETE WALL i - -- 3 x 7 E'^F L G- - ING I -� - � cO�arFFOSF F I -- h - - 1 71 ty G � uT r -- W24 X F I II- r i f . f I r ,,�,� q G AIs50N (F"c =3000 Pei) T'T'PICAL UPPER SLUFF TIE -SACK SECTION � n = i REPAIRS 7'0 BLUFF FAII,i)RE -516 -866 NEPTUi�'E Ali FLM „�,a ,N�,S � P tl Z _ ' A i m o j j 1118 MIKE BROWN AND MS. ]�i01\ICA SO'�;��IE I .ti ...,� . , « . .• ; _ . q O November 9, 2000 Memorandum TO: Lee McEachem Gary Cannon r� FROM: Lesley Ewing SUBJECT: Recent Submittal for 836/838 and 858/860 Neptune Avenue, Encinitas I have reviewed the 10/17/00 plans for the Repair to Bluff Failure 818 — 868 Neptune Avenue and the packet of material submitted in support of these plans. It is my impression that, despite the title of the plans, the material is all focused on 8361838 and 858/860 Neptune Avenue and that will be the focus of these comments. This review has identified a number of concerns regarding this submittal. It also is recognized that this has been a location of ongoing bluff retreat such that the applicants✓ hope to start work on something as soon as possible. These engineering comments focus on those issues that will assure us that the wcrk can be undertaken and completed safely and that the end result will provide the anticipated level of protection without adverse or unanticipated effects to nearby coastal resources. Many concerns, such as mitigating impacts to local sand .supply and providing a sculptu' .g or tel —.= o �eatme: t to all the walls that will ininisize the adverse visual impacts may be addressed at a later d :tc, through the regular permit application process. However, at this time, the applicant should be made aware of these possible requirements and we should be assured that die, present emergency activities will not preclude future efforts in the regular permit process to eliminate, minimize or mitigate all possible impacts. Proposed Project The proposed project consisted on both upper and low '0'off protection. The upper wall proposes to tie into the existing shotcrete /soil nail wall, where- it still exists, transition this to a tieback wall that will extend across 836/838 Neptune. The upper wall at 836/838 Neptune will be extended further down the face of the bluff than the wall at 858/860 Neptune and the final upper wall at 836/838 Neptusie Avenue: will be approximately 50 feet high. The lower wall will be a 27 -foot high calsson/bearn tieback system with shotcrete facing between the caissons/beams. The exposed surfaces will be colored or textured. Construction Sequence and Worker Safety By letter signed by Mike Brown, dated 10/ 17/00, the general construction sequence is given that the lower seawall will be construction in or through the landslide debris, some of the landslide debris may be regraded, and then the upper wall will be constructed. It is our understanding that Mr. Brown is an engineer. However, when this letter was signed, he did not provide his California R.C.E. identification number and it must be assumed that he was commenting on the construction sequence as an informed property owner and not as the engineer of record. These sites are experiencing active bluff slumping and it is a very difficult area in } • which to work. Just as the Commission staff is aware of the significance of continued bluff retreat to the property owners, we must be aware of the significance of possible. further bluff retreat to the workers who will be on site and the public who may be using the beach. Under a regular permit process, the Commission staff would likely recommend that that Commission be provided with construction plans, a work schedule, contingency plans if slumps continue to occur during construction, and identification of all construction work pads, access routes and possibly evacuation routes. Such plans are not requested for every project; however, for this project, the site conditions would. warrant such a request. Also in the regular permit process, it is likely that staff would contact CAL OSHA and incorporate, to the practicable, their input and comments on the construction plans, with regard to worker safety. For the emergency process, to insure thorough and prompt review of the construction plans for issues of worker safety, it is: recommended that the emergency permit be conditioned to require CAL OSHA review and concurrence prior to commencement of work. Use of Shotcrete in Lower Wall The lower seawall will use beams and shotcrete. It has been the experience of the Commission staff that shotcrete does not stand up well to wave attack and often shatters under the compressive force unless the backing material is very competence. Since the shotcrete will be applied over the face of the landslide debris, it is very likely that voids will develop behind the shotcrete and it will quickly become unfunctional. If the shotcrete spalls or cracks, and wa - res remove material from behind the seawall, it could compromise the stability of the entire lower wall. For the: regu�.ar rc.^.nii applicaticn, the applicant's.. , g i ner'r should provide studies anaior evidence that shotcrete will not have any likelihood of problems for this site. For a lonb term solution, the applicant also should be required to analyze the shotcrete and. options. to use alternative lagging material between the beams. In addition, due to staff's experience with shotcrete and the possibility that some of this material could become beach debris if the wall is subject to wave attack, it is recommended that the emergency permit require that the applicant be responsible for the prompt and thorough removaLof all construction material that may be dislodged from the proposed walls or that no long provides site stability. Height of Lower Wall The lower seawall is planned to be seven feet higher than the seawall that is proposed for the adjacent property. The height of the wall can be dependent upon wave run -up or other factors; however the provided material has not. shown the basis for this wall height. Since the wall will be exposed as soon as the landslide debris is washed or graded away from the site, the wall height will greatly affect its long -term visual impact. The wall should be designed to be as low as possible while still achieving the necessary erosion protection. Agreement with Backa Technical Support The Preliminary Repair Recommendations for American Geotechnical, dated March 5, 1998 recomFrld a tieback angle for the lower seawall of 25 degrees. The plans show an angle of 30 degrees. The basis for the new design angle should be provided. Also, in the most recently submitted engineering plans the total load has been reduced from 65 kipsift to 45 kips /ft. In both plans, this is noted as being per the geotechnical report; however, there is no further detail or reference for the geotechnical report that is being sited. The basis for these chances and the most recent geotechnical reference should be provided as part of the regular permit application. Design Nave and Scour Depth The material provides some quantification of various types of waves that the engineer anticipates could impact the seawall. — ius information should be used to develop the anticipated worst case storm wave scenario (usually taken as a 100 -year event or a storm comparable with the 1982/83 El Nino winter) and then demonstrate that the proposed seawall design is adequate to address this storm without structural damage. Concerns include wave run -up and overtopping, scour and direct wave impacts. All these should be addressed for this design option in the regular permit. application. The provided analysis of waves seems to have assumed that the landslide debris will remain in place for the life of the structure. This may be a valid assumption for the examination of worst -case overtopping, but if the landslide debris is removed, the lower part of the wall could be exposed to direct wave impacts and the wall could be undermined by scour. The wave analysis should also examine the condition where the entire slide mass that fronts the wall has been removed by wave action and the wall is exposed to direct wave energy. Upper Wall The upper part of these sites has already been modified by shotcrete: and anchors Ehat do not now seem to be completely functional. The plans for this upper ;gall need to address what was learned from the first effort and how this plan will prevent similar problems. The mars for the i_ wail, „'�`,; :o by veote '.I.ic:1, show the upper and lower tiebacks at different angles, and show the shotcrete seaward of the tieback plates. Preliminary analysis of this design suggested that the tieback angles will cause bending in the shotcrete and by placing the shotcrete seaward of the anchors, there is nothing to maintain the stability of the shotcrete face. Details of the wall design are needed as part of the application for a regular permit, as well as details of the transition_ between the two different designs. Alternatives The application for a regular permit should include a thorough examination of all feasible alteratives, based both on current site conditions and the site conditions following actions approved through the emergency permit process. t 3 44 STATE OF CALIFORNIA -THE RESOURCES AGENCY GRAY DAVIS, GOVERNOR CALIFORNIA COASTAL COMMISSION 45 FREMONT, SUITE 2000 SAN FRANCISCO, CA 94105-2219 VOICE AND TDD (415) 904- 5200 L., FAX ( 415) 904- 5400 - 10 November 2000 �.;N r- MEMORANDUM To: Lee McEachern, Chief of Permits, San Diego Coast District From: Mark Johnsson, Senior Geologist Re: Brown and Sonnie Emergency Permit; 836- 838/858 -860 Neptune Avenue, Encinitas I have reviewed the submitted materials attached to the above - referenced Emergency Permit application. This review is based on examination of the following materials: 1) Brown / Sonnie Emergency Application: Additional /Revised Information submitted October 17, 2000. Includes: a) "New Information ": i) Cover letter "Request for Emergency Permit," dated 17 October 2000 and signed by Mike Brown and Monica Sonnie ii) Topographic map of site and surrounding area, "stamped CDD June 121998, exhibit 26," unsigned, undated iii) Boring log, Tri- County drilling, Inc., dated 1 August 2000, unsigned. iv) Boring log, Tri - County Drilling, Inc., dated 23 August 1999, unsigned; No location indicated, apparently from 808 Neptune Avenue b) "Previously submitted information:" i) American Geotechnical review letter "Preliminary Repair Recommendations, Brown Residence, 866 Neptune Avenue, Encinitas, CA," dated 5 March 1998, and signed by Gregory Axten (GE 103), Ralph Jeffery (CEG 1183) and Scott Thoeny (RCE 48599) ii) American Geotechnical report "Geotechnical Investigation, Neptune Bluff Failure, 836 -860 Neptune Avenue, Encinitas, CA," dated 6 August 1996, and signed by Edred Marsh (RCE Xq sueld pue suoppInapa 2uuaaui2ua atl411 niainaz uodn 4ua2u?4uoa' )afo .1d pasodo .1d atp .1o11 pa4ueB aq 4 ?uz .1ad XDII Tauzg ue 444 puaLuwODa .1I'(t) aqua .1aja .1110 Ma ?n u? 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o; 2uipeal suoz}tpuoD D12010a2 aq; jo uot4enlena UV (C Za41s stg4 4e 1,4iligejsul adols jo paoDaa Dia04stq aq4 ssaappe u21sap pasodoad aq} saop moH •pa4uasaad aq of spaau's ;uauzanouz ;uanbasgns sot u1 pup apilspuel leu12iao a144 jo suaaal ui g4oq'j3nlq aq4 jo amprj }o apouz aq4 jo uoissnDsip y (Z •aDi }Dead uou - LuoD aaoua si se 'aplls aq} jo aueld aanlle; a p molaq o} uot4eneDxa anlonui jou saop iiedw pasodoid au1 asneDaq a4ls sig4 le 4ue4aodurt AIletDadsa aae 'molaq uo palleD uoissmsip as ;e. nunoa$ aq4 gjIm paldnoD 'suot4elnDleD �}tltgejs adols asaq} 4P 2uissed ui 4m - od I y `� . � NOV-29-00 WED 02:51 PM CON ON ON JOHNSON FAX NO, 5144 3421 P. 01/01 STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS MVISION OF OCCUPATIONAL SAFETY AND HEALTH No: 2000-900256 PERMIT permit Issued To (insert I-- ' rn ' PIOYK'S Narne, A&ress and TelephcrA No-) No. Condon-Johnson & Associates Inc Date 1118/1999 PO Box 12368 / 1840 Embamadero Region Oakland CA 94604-2150 District 4 (510) 534-3400 Tel, (510) 622-2016 Type of Permit T1-ANNUM., TRP_NC-H/FXC-A\/ATI0N . . . ...... Pursuant to Labor Code Sections 6500 and 6502, this Permit is issued to the above -named employer for the projects described below. State Coril.ractor's Liconse Number 300068 Permit Valid through December 31, 2000 Antici at dDates Description of Project Location Address City and County Starting- _.P Copi1:1 n -rnt Various Statewide 1/112000 12/31/2000 or issue date whichev*?' 1$ 9-Mr. F lk. This Permit is Issued upon the following conditions: ENGINEERING EPv1 1. That the work is performed by the same employer. If this is an annual perla"_t&EAAtrB 2Tvat(;,V istrict Offica shall be notified, in writing, of dates and location of job site prior to commencement. . 2. Th e employer will comply with Lill occupational safety and health standards or orders applicable to tho abo�,e projects, i1nd any other lawful orders of the Division. 3, That if any onrorescon condition causes deviation from the plans or statements contained In the Permit Application Form the employer will notify the Division immediately. 4. Any variation from the specification and assertions of the Permit Application Form or violation of safety orders may be cause to revoke the permit. 5. This pormit shall be posted at or near each place of employment as provided in 8 CCR 341.4 Reco f= ecwve 1 8 - y Inve by Colin Perkins Per Unit Saf; JrJ11ne Date 1/14/2000 ash Amount Dato Approved by [j] Chock 63781 $100.00 11/8/99 District i�,',.na,,9r/Pcrrnit Unit . .. ....... $1011 ie .s f. • day 4� �" 9 107 LEONARD M OKUN TTEE CL LEONARD M OKUN TRUST !/ 25- 80/440 DTD 5 -21-87 (PWCL) DAT 828 NEPTUNE AVENUE LE XAMA, C 42062 PAY TO THE � G � $�0 00. OU ORDER F m„um„n az,soo> DOLLARS e May Not Be Us o Purchase Or C Securities PaineWbiber Bank one Columbus, OH 43271 FOR /. // � 1:044000804 2 284000 1 2 2811' 0 107 NOV -29 -00 WED 02:51 PM O�ON JOHNSON FAX NO. 51 34 3421 P. 01/01 STAYS OF CALIFORNIA - K DEPARTMENT OF INDUSTRIAL RE_LATIONs DIVISION OF OCCUPATIONA SAFETY AND HEALTH N0. 2000- 900256 PERMIT Permit Issued To tinsel employer's Narne, ,A&res5 and Telephcrz No..) Date Condon- Johnson & Associates Inc _ -_.- PO Box 12368 / 1840 Embarcadero Region _ Oakland CA 94604 - 2150 District 4 (510) 534 -3400 Tel. (510) 622 -2916 Type of Perrn:- T1 -,A NlaA[., TRFNOWEXCAV.ATION _:__... ...... - - - -... Pursuant to Labor Coda Sections 6500 and 6502, this Permit is issued to the above -named employer for the projects described below. State Conlractor's License Number 300068 Permit Valid through December 31 2000 Antiapa e a es _ Description of Project Location Address City and County -- - . Starling Various Statewide 1/1/2000 12131 /2000 f or issue date whichev ? is 1 1 rr y l I — its „ter This Permit iS Issued upon the following conditions: ENGINEERING 7 1 ' E7 V. � ^ 1. That the work is performed by the same employer, If this is an annual perli6 tI�,I TBp( rpati ;,�bistrict Office shall be notified, in writing, of dates and location of job site prior to commencement. 2. The employer will comply with all occupational safety and health standards or orders applicable to tho abo\,e projects, and any other lawful orders of the Division. 3, That if ;any unforescon condition causes deviation from the plans or statements contained in the permit Application Form the employer will notify the Divislon immediately. 4. Any variation from the specification and assertions of the Permit Application Form or violation of safety orders may be cause to revoke the permit. 5, This permit shall bo posted at or near each place of employment as provided In 8 CCR 341.4 cn' rvo rUrn - ecew ed B .. Inve by - --- -....- - - - -- ._. , . - -- - -- -, -_ Olin P Permit Unit Saf ine pate Amount �Dato 111412000 ,. Approved by — — [,i (,cock 637131 - - -- 11/8/99 x$100.00 � � District iv',una;,er /Permit Unit o?'^ I e. se �� 01011 K7 All S ' 00 � �0 DA 60 is o �r . 1cxs °' 4ani h LEONARD M OKUN TTEE 1 LEONARD M OKUN TRUST CL DTD 5-2"7 (PWCL) �� 25- 80/440 828 NEPTUNE AVENUE DAT LE'CADIA C 42062 PAY TO THE ORDER F G $ ,�O O• 00 (Mn:a..n szsao> c DOLLARS 8 P aineWebber May Not Be Us o Purchase Or Securities Bank One Columbus, CH 43271 / FO W __ I "� _ ` vv 'A 1:044000804 :4 2 284000 L 2 28((' 0 LO 7 C I T Y OF E N C I N I T A S F INEERING SERVICES DEPARTMft 505 S. VULCAN AVE. ENCINITAS, CA 92024 TEMPORARY ENCROACHMENT PERMIT AH0sc 2! PERMIT NO.: 6751TE PARCEL NO. 256- 011 - 1700 /Z�j�"3,11 PLAN NO. 6761 -G JOB SITE ADDRESS: 836 -860 NEPTUNE AVE 1QAVl61Al& /}s9 APPLICANT NAME BROWN (J.M. /P.D.) /SONNIE (R.R. /L.L.) MAILING ADDRESS: 1266 ALKI AVE. S.W. PHONE NO.: 760- 942 -0283 CITY: SEATTLE STATE: WA ZIP: 98116 - CONTRACTOR : CONDON JOHNSON & ASSOCIATES INC. PHONE NO.: 858 -271 -9174 LICENSE NO.: 300068 LICENSE TYPE: A INSURANCE COMPANY NAME: ADMIRAL INSURANCE COMPANY POLICY NO. : AOOAGO8547 POLICY EXP. DATE: 5;'01%01 ENGINEER : FLORES- LUND - MOBAYED CONSULTING ENGINEERS PHO E NO.: 858- 566 -0626 PERMIT ISSUE DATE: 12/12/00 PERMIT EXP. DATE: 5/01/01 PERMIT ISSUED BY INSPECTOR: RON BRADY /JIM KNOWLTON E b�N o�sT u dv 70MMe oi r iVG,► 1AIC . ------------------- - - - - -- PERMIT FEES & DEPOSITS ---------------------------- 1 . PERMIT FEE : 00 Gl O 2. INSPECTION DEPOSIT: 700.00 3. SECURITY DEPOSIT 5,000.00 l ftlAf AVfVE ------------------- - - - - -- DESCRIPTION OF WORK ------------------------------- ACCESS TO JOBSITE ACROSS MOONLIGHT BEACH STATE PARK /SEASIDE GARDENS PARK /ENCINITAS BEACH PARK /STATE LANDS WESTERLY OF MEAN HIGH TIDE LINE /PONTO BEACH STATE PARK. DOCS ATT'D: COV RE GRANT OF BEACH ACCESS /HOLD HARMLESS FOR BLUFF FAILURE, STD /SPL CONDITIONS, CONTR LIABILITY LETTER, BEACH ACCESS /EQUIPMENT PLANS, WO SCH. 00 -062 MUP /CACC PMT 6 -00 -171 -G 4a77A f''A172 O /br Z/ Z~ d4 f'h �E l,9 i,�tr✓S BLu /�f•�i�Di��N?� - - -- INSPECTION ------ -- -- ------ DATE -- - - - - -- INSPECTOR'S SIGNATURE - - -- �y,4��fNT 74 L',�ST�L ,�iQir! /T /M/jTO�P y..SE ��'1iT. fa�S�u /L7'� d�'�/✓. ��P • INITIAL INSPECTION FINAL INSPECTION ------------------------------------------------------------------------------- I HAVE CAREFULLY EXAMINED THE COMPLETED PERMIT AND DO HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT ALL THE INFORMATION IS TRUE. l[ ft '(3T �p NATURE DATE SIGNED 74o g 7 0 - �00� PRINT NAME TELEPHONE NUMBER CIRCLE ONE: 1. OWNER 2. AGENT 3. OTHER C I T Y OF E N C I N I T A S INEERING SERVICES DEPARTMW 505 S. VULCAN AVE. ENCINITAS, CA 92024 TEMPORARY ENCROACHMENT PERMIT PERMIT NO.: 6751TE -------------------------------------------------------------------------------- PARCEL NO. 256- 011 - 1700 /2 -'VAI -- 311 - 0500 PLAN NO. :N 2r6OR MW JOB SITE ADDRESS: 836 -860 NEPTUNE AVE. APPLICANT NAME BROWN (J.M. /P.D.) /SONNIE (R.R. /L.L.) MAILING ADDRESS: 1266 ALKI AVE. S.W. PHONE NO.: 760 - 942 -0283 CITY: SEATTLE STATE: WA ZIP: 98116 - CONTRACTOR : CONDON JOHNSON « ASSOCIATES INC. PHONE NO.: 858 - 271 -9174 LICENSE NO.: 300068 LICENSE TYPE: A INSURANCE COMPANY NAME: ADMIRAL INSURANCE COMPANY POLICY NO. AOOAGO8547 POLICY EXP. DATE: 5/01 ENGINEER FLORES - LUND- MOBAYED CONSULTING ENGINEERS PHONE N .: 858- 566 -0626 PERMIT ISSUE DATE: 12108100 �.T TO /?goopT"G1�4 PERMIT EXP. DATE: 5/01/01 PERMIT S ED BY: INSPECTOR: RON BRADY /JIM KNOWLTON Ir / - ��j ------------------- - - - - -- PERMIT FEES & DEPOSITS ---------------------------- 1. PERMIT FEE .00 2. INSPECTION DEPOSIT: 700.00 3. SECURITY DEPOSIT 5,000.00 ------------------- - - - - -- DESCRIPTION OF WORK ----7-------------------------- ACCESS TO JOBSITE ACROSS MOONLIGHT BEACH STATE PARK /SEASIDE GARDENS PARK /ENCINITAS BEACH PARK /STATE LANDS WESTERLY OF MEAN HIGH 'FIDE LINE /PONTO BEACH STATE PARK. DOCS ATT'D: COV RE GRANT OF BEACH ACCESS /HOLD HARMLESS FOR BLUFF FAILURE, STD /SPL CONDITIONS, CONTR LIABILITY LETTER, BEACH ACCESS BARRIER /EQUIPMENT PLANS, WORK SCH. 00 -062 MUP /CACC PMT 6- 00-171 -3 �Lt1 AP210 it141-"' z/ ZcxG Os'f&O..5, � a -- I �7� E OiNLy� /f'f F' E / Arf7. LPL' "O ZC INITIAL INSPECT' FINAL INSPECTION ------------------------------------------------------------------------------- I HAVE CAREFULLY EXAMINED THE COMPLETED PERMIT AND DO HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT ALL THE INFORMATION IS TRUE. (� t Deckmkafft- R, 2-�v SohATURE DATE SIGNED A +- o - 7,06 -- Z W- b X33 Ce PRINT NAME TELEPHONE NUMBER CIRCLE ONE. 1. OWN R 2. AGENT 3. OTHER Permit # 6751 GI December 7, 2000 2:00 p.m. Brown Seawall PRE- CONSTRUCTION MEETING Phase 1 only Owner: Mike Brown Contractor: Soil Lab: Engineer: Special Inspector: 1. Schedule of work prior to construction. This permit is for Phase 1 only. No improvements are to be made as part of this permit. Exploratory work only. 2. 24 hour emergency phone numbers. 3. Beach Access. Through Moonlight Beach. Proper traffic control must be in place and maintained during all phases of construction. Flag person must be posted at the entrance to Moonlight Beach during construction, ie: Concrete pours, export of trash and related construction debris, drilling rig for the exploratory work etc. 4. No work on Weekends, nights or reconized City holidays. 5. Submittals required prior to construction. 6. Geo- Technical Engineer or his representative shall be on site during all phases of construction. 7. Special Note: Encroachment Permit for MoonlightBeach. 8. City Lifeguards have control over Moonlight Beach, access through Moonlight Beach and all portions Of the shoreline. They will be present during all phases of construction. 9. Traffic control. Only authorized vehicles are permitted on the beach. Speed limit on the beach will not Exceed 15 mile per hour. Please turn on headlights of authorized vehicles while driving on the beach. Traffic cones outlining construction zone will be required on the beach during all phases of construction. 10. During concrete pours. Concrete trucks can wash out into an approved plastic lined box, or exit the Beach and wash out in an approved location. Concrete boom truck must place plastic underneath the hopper during all concrete pours. No concrete can be discharged onto the beach. 11. It is the contractor's responsibility to notify the City Engineering department, City Lifeguards at least 24 hours in advance of entering the beach for any phase of construction. TRANSMITTAL FORM City of Encinitas FAX 760/633 -2818 505 S. Vulcan Avenue Engineering Encinitas, CA 92024 -3633 760/633 -2770 DATE �Z � � 00 SEND TO FAX #: ��7 7W_ Z OF PAGES TO. OF: ADDRESS:: FROM: "G�r�Ml PHONE: (760) 633- ❑ Call ASAP ❑ Review & Call ❑ Review & Return ❑ F.Y.I. ❑ Please Handle Jar Per Our Conversation ❑ Please Reply by COMMENTS: 4 ENGINEERINAEPARTM ENT APPLICANT DEPOSi"f ACTION FORM DATE APPLICANT NAME APPLICANT ADDRESS PERMIT COORDINATOR TO BE COMPLETED BY CASHIER RECEIPT NUMBER CHECK NUMBER I (7D CASHIER INITALS ENGINEERING DEPOSIT ENGINEERING SECURITY CASHIER CODE : ED CASHIER CODE : SY PROJECT NUMBER MUST BE ENTERED PROJECT NUMBER AND APPLICANT NAME MUST INTO PROJECT NUMBER FIELD BE ENTERED INTO THE DESCRIPTION FIELD (F10 ON LAST SCREEN PROJECT # AMOUNT PROJECT S AMOUNT r= eso i� 000 � DO TOTAL TOTAL p City o , Encinitas COMMUNITY SERVICES DEPARTMENT ENGINEERING SERVICES DEPARTMENT STANDARD AND SPECIAL CONDITIONS BEACH ENCROACHMENT PERMIT 6751 TE 1. Permittee's Construction Contractor shall provide a Certificate of Public Liability Insurance, naming the City of Encinitas as an additional insured, in the amount of $1,000,000. 2. Permittee shall post a Financial Deposit Instrument from a Financial Institution approved by the City, in the amount of $5,000.00 (minimum), prior to Permittee's Construction Contractor entering upon City Property, to ensure all terms and conditions of the Permit are fully met. The Security Deposit is refundable minus any outstanding charges due for plan review and field inspection. 3. Permittee shall pay to the City the sum of $700.00 subject to full cost recovery, for the use of City Property. The Inspection Deposit will be charged against to help recover the actual costs of inspecting the City Property. 4. Construction Contractor shall provide a detailed plan, which must be approved by the City prior to the Contractor entering upon City Property. The plan shall include times the City Property will be used, types of vehicles which will be used, and the number of trips vehicles will make. Tentative Work Schedule received _, 2000. Equipment List received December 1, 2000. Beach Access Plan received December 1, 2000. 5. A Notarized Letter shall be provided, indicating the Construction Contractor will be liable for any costs to correct damages to the Public Beach or adjacent areas resulting from the Contractor's work. Also included in the letter shall be a statement of understanding that debris washing onto the Beaches within one mile north or south of the job site is assumed to be construction debris and shall be removed by the Contractor at no expense to the City. Construction debris is defined as lumber, piling, poles, crates, boxes, containers, and other objects, all of which could be used for construction similar to that being used on the site. Debris also includes any pre- existing items excavated at the site such as re -bar, concrete, and bricks. Document received October 9, 2000. 6. Contractor shall present a Beach Barrier Plan to protect the public from equipment movement, construction activity, and the construction site. Document received December 1, 2000. The Engineering Inspector may request changes to the Plan on as- needed basis. 7. An approved copy of the Coastal Commission Permit, other appropriate City permits, and letter authorizing the Contractor to proceed on the project shall be provided. California Coastal Commission Emergency Permit 6 -00- 171 -G. CS /ES /jsg /f:rowmisc /tevar /te6751s.docl I1 -1 - h0 -(,_�, 26 W) IA\ b0- 0',_; '(,'- 5lii �_ Au�uln A��cnuc. I.nrinit.�ti, l ,ililoru ire `�'l�'i -;r„3 1 10 - hU r ti -' - 0n IBCyCI @d (Ja/JEl" 8. The storage status of Contractor equipment within the City limits shall be determined and the location mutually agreed upon prior to access to the Public Beach. Use of Corporation Yards for storage shall be negotiated directly with the Director of Public Works separately from any Permit processing; compensation will be due the City. 9. A solid waste container of sufficient size shall be made available and conveniently accessible to Lifeguard Services so that debris removed from the Public Beach may be immediately and safely stored. This container shall be lockable with a duplicate key given to the Lifeguard Supervisor. Contractor shall be responsible for regular monitoring, maintenance, and cleaning of this facility. 10. Contractor shall obtain special permission from the City Council for access and use of the Public Beach on City - recognized Holidays, Sundays, between the hours of 7:00 P.M. and 7:00 A.M., Mondays through Saturdays, per Chapter 9.32 of the Municipal Code, and between Memorial Day and Labor Day weekends. 11. Advance notifications shall be provided to the Office of the Lifeguard Supervisor (760) 633- 2748, a minimum of 48 hours prior to each access period through Moonlight Beach State Park. Notification shall include date(s), time(s), equipment types, and duration of work. A single notification shall not include more than one week of work at any given time. 12. The access and use of any Contractor vehicle(1 12) on the Public Beach shall be approved by the Engineering Inspector and Lifeguard Supervisor immediately prior to such access. Only vehicles (112) with placards or stickers indicating official approval will enter the Public Beach. 13. Contractor shall delineate the access way through Moonlight Beach State Park to the satisfaction of the Engineering Inspector and Lifeguard Supervisor. When children are present, flagmen will be required to route Contractor traffic. Special consideration will be given when crowds are present, including prohibition of access. 14. Contractor shall not block at any time access to the Public Beach for emergency personnel or vehicles. 15. The operation of Contractor vehicles (212) while on the Public Beach shall be conducted in a reasonable, safe and prudent manner. 16. Prior to hauling dirt or construction materials to any proposed construction site to which access is authorized by this Permit, the Contractor shall apply to the Traffic Engineering Division and receive approval for the proposed haul route. The Contractor shall comply with all conditions and requirements the Traffic Engineering Division may impose with regards to the hauling operation. 17. Prior to placement of any concrete product at the base of the coastal bluff, the Contractor shall indicate to the Engineering Inspector what methods are to be used to de -water the job site. CS /ES /jsg /f:rowmisc /tevar /te6751s.doc2 t • 18. Staging or repairs of equipment or supplies is prohibited on City Property or right -of -ways. Parking of personal vehicles on the Public Beach will not be allowed. Offending vehicles will be cited and towed. 19. Any entrance gates used to gain access through the Public Beach area shall be immediately locked after access. Any ruts or berm damage to sand areas shall be immediately and repeatedly repaired to remove any public safety hazards. 20. Contractor shall restore or replace on a daily basis any signage regulating handicap person's access, or any other signage, disrupted, damaged or destroyed by Contractor's operations. Contractor shall repaint and restripe pavement markings as needed. 21. The winter season berm and drainage system, when present, of Moonlight Beach State Park shall be maintained in good working order on a continuous basis, and any breach to the berm due to the operations of the Contractor shall be properly filled or sandbagged before the end of the current low tide period. Any sand loss or damage resulting from the failure to maintain the winter berm will be at the expense of the Contractor to restore or repair, respectively. 22. Contractor shall remove debris from the Public Beach on a daily basis or within the maximum period of twenty -four hours from when requested to do so by the Lifeguard Supervisor or Engineering Inspector, whichever occurs first. 23. On Fridays preceding weekends when Special Activities are scheduled at Moonlight Beach State Park, Contractor shall cease operations and remove all equipment and personnel from the Public Beach by 5:00 A.M. All roadways, ramps and walkways shall be swept clean. 24. Prior to final inspection approval of this Permit by the Superintendent of Parks and Beaches, Contractor shall regrade the Public Beach to the contours existing prior to issuance of this Permit. Contractor shall also repair damage to and thoroughly clean the asphalt pavement along the access route. 25. Prior to final inspection approval of this Permit by the Superintendent of Parks and Beaches, Contractor shall either replenish all Public Beach sand lost due to Permittee's operations or compensate the Parks and Beaches Division by contributing to future sand replenishment projects. 26. Contractor shall direct all communications regarding this Permit through the Engineering Inspector, except as otherwise stated in these Conditions. City shall assume no responsibility for instructions received or given outside this "chain of command ". 27. Violations of any Standard or Special Condition will result in notification of the Sheriffs Department for appropriate action. A Stop Work Order on the Permit will be immediately issued by the Engineering Inspector or Lifeguard Supervisor. CS/ ES/ jsg /f:rowmisc /tevar /te6751s.doc3 28. These Conditions do not exempt the Contractor or Agency of any future fees or charges for access through the Beach area. 29. Permittee or Permittee's Contractor, on behalf of Permittee, has read, understands and agrees to comply with all Beach Encroachment Permit Standard and Special Conditions and guarantees to save, indemnify, and hold harmless the City of Encinitas and all its agents, officers, employees, and officials against all liabilities, judgements, costs, and expenses, which may in any manner or form arise in consequent of the issue of this Permit or any work performed in consequence thereof: / (Signature lSermitte ontractor) (bate)' (Name of Permittee /Contractor Printed) (Position/Title) CS /ES /jsg /f:rowmisc /tevar /te6751s.doc4 Ge Inc. M emo T« Alan Archibald, Director of Engineering Services From: James Knowlton, Geotechnical Consultant Date: 11/30/00 Re Review of Emergency Permit Application, Sonne /Brown, 836 -838 and 858 -860 Neptune Avenue, Encinitas, CA, Grading Permit #6751 I have reviewed Emergency Permit #6 -00 -171 -G from the California Coastal commission and all supporting documents. I have also reviewed the construction plans by FLM and visited the subject site. The following questions /comments have been generated as a response to my review, site visit, and discussion with you and Masih Maher. REPORTS, PLANS AND CALCULATIONS 1. The only. ode specific geotechrvcal reports prepared for the property were by American Geotechnical.—i:h" iin ililrfoct for the active design pressures. Your structural calculations use 45kips /lineal foot and reference a report by SEC. This referenced report is for another property and does not provide specific recommendations for this repair. A report must be submitted for this site specifically justifying the reduction of the active design pressure and should be supplied by the soils engineer of record. 2. The permit application to the City of Encinitas,ts FLM consulting engineers as the esign civil and Soits Eyjkaer. We will need a letter from FLM stating that they are now the soils engineers of record and will be providing the inspection and reports required by the City of Encinitas and California Coastal Commission. 3. No site specific slope stability analysis (Static, Pseudo-static, surficial) has been performed for the subject repair. Also, both circular and block (wedge) failure analysis will need to be performed. 4. Based upon the boring performed by American Geotechnical and a review of borings on adjacent properties the elevation of the Torrey Sandstone win be at approx. –5 to –10 feet below MSL. Ift is nbt depicted correctly on the construction plans. C 5�. ' - £" What will hold the upper caissons in place (vertically and laterally) and what will the bottoms of the caissons be founded in? • Page 1 6. It appears that a fairly large and deep slot excavation will be required for the lower retaining wall. How is the lower wall being constructed? tlw9ngk*w vonsidered possible rear tivation of the landslide du ft construcbm? 7. Has the engineer considere ee American Geotechnical) to pick up and drain perched groundwater. q Tie W-�� r 4-o +6W,,f't We will also need a schedule and construction- phasing plan for the proposed work. ct , 4ro Vv ac (� . � ,�-� G� w,tiC.tit ,� Itit�tii • Page 2 FILE No.450 12101 '00 08:56 D:LANBERSON KOSTER & CO FAx:4 391 1882 PAGE 21 3 AcoRD., CERTIFICATE OF LIABILITY INSU N AON LH DATE(MMlOD O I 11/ 30100 PRODUCER THIS CERTIFICATE 16 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lamberson Koster & Company HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 580 California St., Suite 1400 ALTER THE COVERAGE AFFORDED BY THE POLICIES RBLOW. Ban Francisco CA 94104 -1035 Phone: 415 - 391 -1500 INSURERS AFFORDING COVERAGE 1NSURED INSURERA. Admiral Tnsurance Compan INSURER 8. Condon son & Assoc., Inc. INSURER C. Oakland, CA 4604 INSURER INSURER E'. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LICY L TYPE OF INSURANCE POLICY NUMBER AT MAD DATE MM/ DIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1 A X COMMERCIAL GENE PAL LIABILITY JLOOAGO8547 05/01/00 05/01/01 FIRE DAMAGE (Any ona firo) $ 100 000 CLAIMS MADE 7 OCCUR MED EXP (Any one parson) S 5 , 00 0 PERSONAL &ADV INJURY $ 1 OOO , 000 GENERAL AGGREGATE $ 2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG 5 2 0OO 000 POLICY X P RO- LOG AUTOMOBILE LIAAILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON -OWNFO AUTOS (Par accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA ACC $ AUTO ONLYI AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE I $ RETENTION $ $ WC STATU- WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT I S OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Libility: Additional Insured per the attached CG20101185. RE: All operations CERTIFICATE HOLDER N ADDITIONAL INSURED: INSURER LETTER: _ CANCELLATION ENCT14AT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUIN4 IN$WtRR WILL fiNG&WOR40 (NAIL DAY5 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAM120 TO THE LEFT, 00 3 IALL City of Encinitas 505 S 'Vulcan Aveuue Encinitas, CA 92024 -3633 Lamberson Koster & Com an ACORD 25-S (7197) ®ACORD CC*POkATION V 988 FILE No.450 12/01 '00 08 :57 D :LAMBERSON KOSTER & CO FAX :4191 1882 PAGE 3/ 3 POLICY NUMBER: AOOAGO8547 COMMERCIAL GENERAL LIABILITY NAMED INSURED: CONDON- JOHNSON & ASSOCIATES, INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL. INSURED - OWNERS, LESSEES OR CONTRACTORS (Form B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: John M. Brown, Richard and Luie Sonnie: City RE: 836 -860 Neptune, Encinitas. CJ of Encinitas Job# 0058 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. It is further agreed that such insurance as is afforded by this policy for the benefit of the above Additional insured(s) shall be primary insurance as respects any claim, loss or liability arising out of the Named Insured's operations, and any other insurance maintained by the Additional Insured(s) shall be excess and non- contributory with the insurance provided hereunder. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 133 STRUCTURAL CALCULATIONS ID uti for Nov z 0 2000 ENGINEERING SERVICES CITY OF ENCINITAS _ NEPTUNE AVE BLUFF REPAIR Prepared For: MR. MIKE BROWN & MS. MONICA SONNIE Prepared By. FLM CONSULTING ENGINEERS 7220 Trade Street, Suite 120 San Diego, CA 92121 (858) 560 -0626 * FAX (858) 566 -0627 ,,/;4' MOM PROJECT NO.: 00027 s DATE ISSUED: 03/15/00 4 A. 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OF +PARTNERS 7220 Trade Street Suite 120 CALCULATED BY DATE SAN DIEGO, CALIFORNIA 92121 -2325 (858) 566 -0626 FAX (858) 566-0627 CHECKED 8Y DATE SCALE .......... ... i -. _ _.. -._... _ . -.. _ ._.. _ .... ' _ ...... _ ........ _..... ....... ..... .... TNr l G K s! }LTG �E T� WA L ��1�� ' S� L _ I .a_P`t`' .`� AP sI�►� . � �� s�;ag S1 _ ... _ . . ............. _ _.. : ... _... L- ... .. .... ..... _ . .... .... -- ..... _ I 1 _.... ........ iEA : ._. _ ... _...__ ... ....... _. . ... _ �K — o o SSx =113 X76 S Q� 2 I' �....._ -- �.. , _.. _ € y - �vc o.bsA?-- oo �; = /�T....... __ — —._._. 7 _... _�_. . _.._.._ ......__ .............. _...._. _ ...._ _.._. _ _._.. -rx .._ _..a _ -- - - - - - _. 8 ,�/� g. s � i�Iv Z _ _.:1 ........ V , :O Trzi - _ al r11 - D a 2 3 F' M p -- - -- : --• -- .__�._..._�.--- �+._.__...... - -- .. -- : _ o.�S xa cow; _ _ .. (� ; w� L S : /fir .. (o p(otz) _ d • Da = T�o�a.cz >(4.S - x`15.3 °) 3D-6o - it ..._...�...... - .. _ AAF- z fo l� ..._......_� .- - --� - _......._......__ ............. ISi � . ,�1SPEc'Ctor1 . ............. .. _.... • • American Geotechnical Protecting Your F e March 5, 1998 Nov 20 zaoa t File No. 21864.01 ENC1NiTAS Mr. Andrew Berman i� ASSiE, BERMAN & NnL ERL CK 1010 Second Avenue, Suite 1500 San Diego, California 92101 Subject: PRELIMINARY REPAIR RECOMMENDATIONS Brown Residence 866 Neptune Avenue Encinitas, California Dear Mr. Berman: As requested, American Geotechnical has prepared the fallowing preliminary recommendations for protecting the subject site from landslide movement and resulting damages. The scope of the work performed in developing the recommendations included visual reconnaissance of the site and review of geotechnical investigation conducted on adjacent properties. The actual elements of the repairs should be designed by a structural engineer utilizing the recommendations and soil design criteria presented below. The repair delineated below assumes that construction access is limited to the subject lot and that no repair efforts will be made on adjacent properties impacted by the landslide. It should be stated that without contiguous repair on adjacent lots, there is an increased level of risk since isolated repairs can not achieve total stability for the landslide. The repairs are intended to increase the level of protection for the subject lot. Repair Concept and Design Parameters The recommended repair for protection of the subject lot would consist of constructing a sea wall along the beach line at the toe of the bluff, and constructing a caisson wall around the building pad at the top of the bluff. The sea wall should run the entire length of the property boundary and the design should consider the use of caisson foundations and concrete lagging. In addition, the sea wall should be tied back using a system of grouted tieback anchors. A rough sketch showing the approximate layout of the sea wall is presented on Figure 1. A cross - section showing the sea wall concept is presented on Figure 2. JUN 12 AS 5764 Pacific Center Boulevard, Suite 112, San Diego, CA 92121 (619) 450 -4040 FAX (619) 457 -0814 Corporate Office 22725 Old Canal Road, Yorba Linda, CA 92887 (714) 685 -3900 (800) 275 -4436 FAX (714) 685 -3909 f Y ' R' I 1 r f f l I R r J 4 I IRON*RESIDENC" I I TOP OF BLUFF APPROXMAT4UMIr o f FAI < =� CAISSON W LL WITH TIEBACKS I J I 4 a r SHOTC WITH TIE CKS . � - • .ssa�r r I :.ice; �• � 4 �� I a Q I S a s a• s ?� � r q c.I a �• J, • • a PONTO BEACH SEAWALL WITH TIEBACKS -t -- --- - - OC EAN v Z .IUN 1 2 _ A.Ci APPROX SCALE: 1 APPROXIMATE REPAIR LAYOUT BROWN RESIDENCE AMERICAN GEOTECHNICAL F.N. 21864.01 MAR 1998 FIGURE 1 i bluff ap 15! beach _ad 1et�aGk�ontled lead_ i -_ �anbedded�rmir�r "fly= = _= = = -" Apply over over 2 shag diameters NOT TO SCALE SEA WALL DESIGN CONCEPT BROWN RESIDENCE FIGURE 2 AMERICAN GEMCHNICAL F.N. 21864.01 MAR 1948 Pile No. 21864.01 • March 5, 1998 W American Geotechnical Page 4 1 The following parameters should be considered for design of the sea wall and tiebacks: Caisson bearing capacity (Delmar Formation) ........... .........................15,000 psf Minimum caisson diameter .......................................... ............................2.5 feet Minimum caisson embedment in bedrock ................... .............................10 feet Lateral load at 7.5' above toe of bluff ......................... ............................... 65 klf Lateral resistance ........................................... ............................... 300 pcf (EFP) Note: The lateral resistance should be ignored above bedrock and should be applied over two shaft diameters (phantom) along the length of he wall. Tieback bond strength ................................................ ............................... 20 psi Minimum tieback bonded length ........ ............................... ..........35 feet Estimated depth to bonded zone .................................. .............................20 feet Recommended tieback installation angle ............ ............................... 25 degrees (measured from the horizontal) In conjunction with the sea wall, it is recommended that a caisson wall be constructed along the top of the bluff This wall should extend along the western edge of the building pad and return along the southern property line for approximately 15 feet. The approximate extent of the recommended caisson wall is provided on Figure 1. Concrete grade beams should be used to tie the caisson tops together. The necessity of using tiebacks should be determined by the structural engineer. The following design parameters should be considered for design of the caisson wall: Caisson bearing capacity (Bay Point Sandstone) ....... .........................10,000 psf Minimum caisson diameter ........................................... .....:........................2 feet at Minimum caisson embedment .................................... .............................30 feet 301A 2 ` Maximum caisson spacing ................ ..........................Three diameters on center AS- File No. 21 U4.01 March 5, 1998 WAmerican Geotechnical Page 5 I Lateral earth pressure ...................................... ............................... 50 pcf (EFP) Note: The lateral earth pressure should be applied from the top of the caisson wall to a depth of 15 feet. The load should be applied over three shaft diameters (phantom) Lateral resistance ............... ............................... ............................150 pcf (EFP) Note: The lateral resistance should be ignored above a depth of 15 feet and should be applied over two shaft diameters (phantom). For tieback design parameters assume the same design parameters as presented in the following paragrapli. The treatments recommended above will provide increased protection for the building pad and the bluff toe, however, the existing landslide scarp which bisects the sloping portion of the lot will remain exposed to sloughing and erosion. In order to protect this area, it is recommended that a shotcrete wall be constructed along the scarp. The wall should be tied back using either grouted anchors or helical anchors embedded in competent sandstone. The approximate extent of this option is presented on Figure 3. The following parameters may be considered for design of the wall: Bearing capacity (Sandstone bluff face) ..................... ..........................2,500 psf Required resistance per foot of wall ...................... ............................... 7,000 plf Tieback bonded strength ............................................... .............................10 psi Minimum tieback bonded length ................................. .............................15 feet Minimum distance to bonded zone .............................. .............................10 feet Minimum installation angle ................................ ............................... 15 degrees It is recommended that at least 10 percent of the tiebacks be tested to verify performance. The criteria for testing tiebacks will be provided once the repair plans have been reviewed. In addition, all caisson excavations should be reviewed by a representative of this office, prior to placing steel, to verify proper embedment. All concrete, reinforcing steel and other construction materials should be designed for corrosive conditions due to the proximity to salt water. If necessary, a corrosion expert should be contacted to help with recommendations for these construction elements. �52 'JUN 1 2 AS. SHOTCRETE WALL 15 ° 29 MAX. 15 TWO ROWS OF TIEBACK SOIL ANCHORS AS SHOWN DESIGNED FOR STABILD 1ON OF APPROX. UPPER 25' OF NEAR VERTICAL BLUFF FACE BAY POINT FORMATION DELMAR FORMATION CLAY SEAM SKETCH NOT TO SCALE SHOTCRETE WALL REPAIR CONCEPT BROWN RESIDENCE FlGU a AMERICAN GEOTECHNICAL F.N. 21864.01 MAR 1998 jr YVW A.G. 'File No. 21864.01 American Geotechnical March 5, 1998 Page 7 In closing, it should be stated that the treatments recommended will provide substantial protection for the subject lot. However, the possibility of shallow failure above the sea wall will remain. Achieving a 1.5 factor - of- safety for the area is impractical. However, it is believed that the likelihood of such failures is relatively low. We appreciate the opportunity to be of service. If you should have any questions, please do not hesitate to contact us. AMERICAN GEOTEC CAL Q �pFESSI trt w. Fy °c 9 Ralph Gregor Nam CC No. GE103 P U& M t Principal En ' EV. 3.31 -COs Principal G.E 03 s �'FO <:. �\� C.E. 1183 OF cn� +F °Q � No.4o,,,g • Scott A.�Thoen * ESP. Project Enginee R.C.E. 48599 GWA/RKJ!SAT:mr cc: Mr. Todd Martin, JOSEPHSON & WERDOWATZ, Via Fax &Mail Mr. Larry Gliko - GLIKO CONTRACTING & ESTIMATING, Via Fax & Mail J 12 A.G. . r "fi v 01011 � r . z, rr �, x I = x �t5 raed z •� LEONARD M OKUN TTEE 07 LEONARD M OKUN TRUST CL DTD 5 -21-87 (PWCL) 25- 801440 828 NEPTUNE AVENUE DAT LEUCADIA, C 42062 PAY TO THE / z ORDER F `` G �` $�O 40 • D O (rai 0 iz,500) A DOLLARS 8 °° P aiwV/lpy bff May Not Be Us o Purchase or C Securities Bank On N - A -, Columbus, OH 43271 / /' A FOR -- � � /, /� 1 :0440008041:4 2 284000 L 2 280 0 L07 C I T Y OF E N C I N I T A S I !NEERING SERVICES DEPARTM 505 S. VULCAN AVE. ENCINITAS, CA 92024 TEMPORARY ENCROACHMENT PERMIT PERMIT NO.: 6751TE PARCEL NO. 256- 011 - 170 %. 4 -3)1 Q50D PLAN NO.: 6 " 151 —G JOB SITE ADDRESS: 836 -860 NEPTUNE AVE. 14 .x/ -01 Agp4a{4 APPLICANT NAME BROWN (J.M. /P.D.) /SONNIE (R.R. /L.L.) MAILING ADDRESS: 1266 ALKI AVE. S.W. PHONE NO.: 760- 942 -0283 CITY: SEATTLE STATE: WA ZIP: 98116 — CONTRACTOR : CONDON JOHNSON & ASSOCIATES INC. PHONE NO.: 058- 271 -9174 LICENSE NO.: 300068 LICENSE TYPE: A INSURANCE COMPANY NAME: ADMIRAL INSURANCE COMPANY POLICY NO. AOOAG08547 POLICY EXP. DATE: 5,'01 %01 ENGINEER FLORES — LUND — MOBAYED CONSULTING ENGINEERS PHO E NO.: 858- 566 -0626 PERMIT ISSUE DATE: 12/12/00 PERMIT EXP. DATE: j /1 /O1 PERMIT ISSUED BY: INSPECTOR: RON BRADY /JIM KNOWLTON 0 6lA ? : u eW 6NG,► i titC. . 4 RO 4W Z /7- ------------------------- PERMIT FEES & DEPOSITS ---------------------------- 1. PERMIT FEE . 0 2. INSPECTION DEPOSIT: 700.00 3. SECURITY DEPOSIT 5,000.00 I �/POIv o 'f—ff ------------------- - - - - -- DESCRIPTION OF WORK ------------------------------- ACCESS TO JOBSITE ACROSS MOONLIGHT BEACH STATE PARK /SEASIDE GARDENS PARK %ENCINITAS BEACH PARK /STATE LANDS WESTERLY OF MEAN HIGH TIDE LINE /PONTO BEACH STATE PARK. DOCS ATT'D: COV RE GRANT OF BEACH ACCESS /HOLD HARMLESS FOR BLUFF FAILURE, STD /SPL CONDITIONS, CONTR LIABILITY LETTER. BEACH ACCESS/BARRIER/EQUIPMENT PLANS, WORK SCH. 00 -062 MUP /CACC PMT 6 -00 -171 —G L�= �r�f'�fii�o �� zi ,tom ��.�s: sti�s�' z �3�r✓s .8�u��n�,�ov�� - - -- INSPECTION ---------- - - - - -- DATE -- - - - - -- INSPECTOR'S SIGNATURE - - -- f y,�y l tl ; T4 L'G Sf4 y App Alir. �S-�y /s.TsdY ✓. ��P:O. INITIAL INSPECTION FINAL INSPECTION ------------------------------------------------------------------------------- I HAVE CAREFULLY EXAMINED THE COMPLETED PERMIT AND DO HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT ALL THE INFORMATION IS TRUE. 9 22ni4m' . AYS NATURE DATE SIGNED o x3 PRINT NAME TELEPHONE NUMBER CIRCLE ONE: 1. OWNER 2. AGENT 3. OTHER C I T Y OF E N C I N I T A S FfINEERING SERVICES DEPARTMW 505 S. VULCAN AVE. ENCINITAS, CA 92024 TEMPORARY ENCROACHMENT PERMIT PERMIT NO.: 6751TE PARCEL NO. 256- 011 -1700 ZJ5AJ- 311- tQpSoo PLAN NO.:4W1"oA%lW JOB SITE ADDRESS: 836 -860 NEPTUNE AVE. APPLICANT NAME BROWN (J.M. /P.D.) /SONNIE (R.R. /L.L.) MAILING ADDRESS: 1266 ALKI AVE. S.W. PHONE NO.: 760 - 942 -0283 CITY: SEATTLE STATE: WA ZIP: 98116 - CONTRACTOR : CONDON JOHNSON & ASSOCIATES INC. PHONE NO.: 858 - 271 -9174 LICENSE NO.: 300068 LICENSE TYPE: A INSURANCE COMPANY NAME: ADMIRAL INSURANCE COMPANY POLICY NO. AOOAGO8547 POLICY EXP. DATE: 5/01/01 ENGINEER FLORES - LUND - MOBAYED CONSULTING ENGINEERS PHONE NO.: 858 -566 -0626 PERMIT ISSUE DATE: 121081OO:5;�At?f TO R000rlprelo'/� PERMIT EXP. DATE: 5/01/01 PERMIT ISSUED BY: INSPECTOR: RON BRADY /JIM KNOWLTON / *7 / - 1 -, j ------------------- - - - - -- PERMIT FEES & DEPOSITS ---------------------------- 1. PERMIT FEE .00 2. INSPECTION DEPOSIT: 700.00 3. SECURITY DEPOSIT 5,000.00 --------------=---- - - - - -- DESCRIPTION OF WORK ---- 7-------------------------- ACCESS TO JOBSITE ACROSS MOONLIGHT BEACH STATE PARK /SEASIDE GARDENS PARK /ENCINITAS BEACH PARK/STATE LANDS WESTERLY OF MEAN HIGH TIDE LINE /PONTO BEACH STATE PARK. DOCS ATT'D: COV RE GRANT OF BEACH ACCESS /HOLD HARMLESS FOR BLUFF FAILURE, STD /SPL CONDITIONS, CONTR LIABILITY LETTER BEACH ACCESS BARRIER /EQUIPMENT PLANS, WORK SCH. 00 -062 MUP /CACC PMT 6 -00 -171 - AOv A14`' 2 ZMt�o ORRU0 - � //*L4✓S - --- INSPECTION -- -- - - - - -- --- D E-- - - - - -- I ECTOR S S S G UR I�&Aw INAW,0VEMG�AW BV J�Rltj& OaGY, rl'f PA WAO"� 'o Z40 INITIAL INSPECTI FINAL INSPECTION ------------------------------------------------------------------------- I HAVE CAREFULLY EXAMINED THE COMPLETED PERMIT AND DO HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT ALL THE INFORMATION IS TRUE. S ATURE DATE SIGNED PRINT NAME TELEPHONE NUMBER CIRCLE ONE 1. OWN R 2. AGENT 3. OTHER Permit # 6751 GI December 7, 2000 2:00 p.m. Brown Seawall PRE - CONSTRUCTION MEETING Phase 1 only Owner: Mike Brown Contractor: Soil Lab: Engineer: Special Inspector: 1. Schedule of work prior to construction. This permit is for Phase 1 only. No improvements are to be made as part of this permit. Exploratory work only. 2. 24 hour emergency phone numbers. 3. Beach Access. Through Moonlight Beach. Proper traffic control must be in place and maintained during all phases of construction. Flag person must be posted at the entrance to Moonlight Beach during construction, ie: Concrete pours, export of trash and related construction debris, drilling rig for the exploratory work etc. 4. No work on Weekends, nights or reconized City holidays. 5. Submittals required prior to construction. 6. Geo- Technical Engineer or his representative shall be on site during all phases of construction. 7. Special Note: Encroachment Permit for Moonlight Beach. 8. City Lifeguards have control over Moonlight Beach, access through Moonlight Beach and all portions Of the shoreline. They will be present during all phases of construction. 9. Traffic control. Only authorized vehicles are permitted on the beach. Speed limit on the beach will not Exceed 15 mile per hour. Please turn on headlights of authorized vehicles while driving on the beach. Traffic cones outlining construction zone will be required on the beach during all phases of construction. 10. During concrete pours. Concrete trucks can wash out into an approved plastic lined box, or exit the Beach and wash out in an approved location. Concrete boom truck must place plastic underneath the hopper during all concrete pours. No concrete can be discharged onto the beach. 11. It is the contractor's responsibility to notify the City Engineering department, City Lifeguards at least 24 hours in advance of entering the beach for any phase of construction. TRANSMITTAL FORM City of Encinitas FAX 760/633 -2818 505 S. Vulcan Avenue Engineering Encinitas, CA 92024 -3633 760/633 -2770 DATE 00 SEND TO FAX #: �� 7 7_ Z OF PAGES!? TO. ADDRESS FROM: v �/ PHONE: (760) 633- ❑ Call ASAP ❑ Review & Call ❑ Review & Return ❑ F.Y.I. ❑ Please Handle Z Per Our Conversation ❑ Please Reply by COMMENTS: In ENGINEERINAPARTMENT APPLICANT DEP OSi"f ACTION FORM DATE APPLICANT NAME y /'�� ! /%Gi a - APPLICANT ADDRESS PERMIT COORDINATOR TO BE COMPLETED BY CASHIER RECEIPT NUMBER () o 3 0 I CHECK NUMBER (7O CASHIER INITALS ENGINEERING DEPOSIT ENGINEERING SECURITY CASHIER CODE : ED CASHIER CODE : SY PROJECT NUMBER MUST BE ENTERED PROJECT NUMBER AND APPLICANT NAME MUST INTO PROJECT NUMBER FIELD BE ENTERED INTO THE DESCRIPTION FIELD (F10 ON LAST SCREEN PROJECT # AMOUNT PROJECT # r AMOUNT � 00 TOTAL TOTAL p ` u Oomk City or c � � - -- Encinitas COMMUNITY SERVICES DEPARTMENT ENGINEERING SERVICES DEPARTMENT STANDARD AND SPECIAL CONDITIONS BEACH ENCROACHMENT PERMIT 6751 TE 1. Permittee's Construction Contractor shall provide a Certificate of Public Liability Insurance, naming the City of Encinitas as an additional insured, in the amount of $1,000,000. 2. Permittee shall post a Financial Deposit Instrument from a Financial Institution approved by the City, in the amount of $5.000.00 (minimum), prior to Permittee's Construction Contractor entering upon City Property, to ensure all terms and conditions of the Permit are fully met. The Security Deposit is refundable minus any outstanding charges due for plan review and field inspection. 3. Permittee shall pay to the City the sum of $700.00 subject to full cost recovery, for the use of City Property. The Inspection Deposit will be charged against to help recover the actual costs of inspecting the City Property. 4. Construction Contractor shall provide a detailed plan, which must be approved by the City prior to the Contractor entering upon City Property. The plan shall include times the City Property will be used, types of vehicles which will be used, and the number of trips vehicles will make. Tentative Work Schedule received _, 2000. Equipment List received December 1, 2000. Beach Access Plan received December 1, 2000. 5. A Notarized Letter shall be provided, indicating the Construction Contractor will be liable for any costs to correct damages to the Public Beach or adjacent areas resulting from the Contractor's work. Also included in the letter shall be a statement of understanding that debris washing onto the Beaches within one mile north or south of the job site is assumed to be construction debris and shall be removed by the Contractor at no expense to the City. Construction debris is defined as lumber, piling, poles, crates, boxes, containers, and other objects, all of which could be used for construction similar to that being used on the site. Debris also includes any pre- existing items excavated at the site such as re -bar, concrete, and bricks. Document received October 9, 2000. 6. Contractor shall present a Beach Barrier Plan to protect the public from equipment movement, construction activity, and the construction site. Document received December 1, 2000. The Engineering Inspector may request changes to the Plan on as- needed basis. 7. An approved copy of the Coastal Commission Permit, other appropriate City permits, and letter authorizing the Contractor to proceed on the project shall be provided. California Coastal Commission Emergency Permit 6- 00- 171 -G. CS /ES /jsg /f:rowmisc /tevar /te6751s.doc1 liI (,I) 1 2(,00 1 \\ 60 6', 2 6 1 - i.�5 �_ A u�c.�n Accnuc. ! ninitds. C,t�ilunn,i 920 ;6 ;_5 1�1) — 60 -hi,; � � recycled pape ��; 8. The storage status of Contractor equipment within the City limits shall be determined and the location mutually agreed upon prior to access to the Public Beach. Use of Corporation Yards for storage shall be negotiated directly with the Director of Public Works separately from any Permit processing; compensation will be due the City. 9. A solid waste container of sufficient size shall be made available and conveniently accessible to Lifeguard Services so that debris removed from the Public Beach may be immediately and safely stored. This container shall be lockable with a duplicate key given to the Lifeguard Supervisor. Contractor shall be responsible for regular monitoring, maintenance, and cleaning of this facility. 10. Contractor shall obtain special permission from the City Council for access and use of the Public Beach on City- recognized Holidays, Sundays, between the hours of 7:00 P.M. and 7:00 A.M., Mondays through Saturdays, per Chapter 9.32 of the Municipal Code, and between Memorial Day and Labor Day weekends. 11. Advance notifications shall be provided to the Office of the Lifeguard Supervisor (760) 633- 2748, a minimum of 48 hours prior to each access period through Moonlight Beach State Park. Notification shall include date(s), time(s), equipment types, and duration of work. A single notification shall not include more than one week of work at any given time. 12. The access and use of any Contractor vehicle(1 12) on the Public Beach shall be approved by the Engineering Inspector and Lifeguard Supervisor immediately prior to such access. Only vehicles (112) with placards or stickers indicating official approval will enter the Public Beach. 13. Contractor shall delineate the access way through Moonlight Beach State Park to the satisfaction of the Engineering Inspector and Lifeguard Supervisor. When children are present, flagmen will be required to route Contractor traffic. Special consideration will be given when crowds are present, including prohibition of access. 14. Contractor shall not block at any time access to the Public Beach for emergency personnel or vehicles. 15. The operation of Contractor vehicles (212) while on the Public Beach shall be conducted in a reasonable, safe and prudent manner. 16. Prior to hauling dirt or construction materials to any proposed construction site to which access is authorized by this Permit, the Contractor shall apply to the Traffic Engineering Division and receive approval for the proposed haul route. The Contractor shall comply with all conditions and requirements the Traffic Engineering Division may impose with regards to the hauling operation. 17. Prior to placement of any concrete product at the base of the coastal bluff, the Contractor shall indicate to the Engineering Inspector what methods are to be used to de -water the job site. CS /ES /jsg /f:rowmisc /tevar /te6751s.doc2 • i 18. Staging or repairs of equipment or supplies is prohibited on City Property or right -of -ways. Parking of personal vehicles on the Public Beach will not be allowed. Offending vehicles will be cited and towed. 19. Any entrance gates used to gain access through the Public Beach area shall be immediately locked after access. Any ruts or berm damage to sand areas shall be immediately and repeatedly repaired to remove any public safety hazards. 20. Contractor shall restore or replace on a daily basis any signage regulating handicap person's access, or any other signage, disrupted, damaged or destroyed by Contractor's operations. Contractor shall repaint and restripe pavement markings as needed. 21. The winter season berm and drainage system, when present, of Moonlight Beach State Park shall be maintained in good working order on a continuous basis, and any breach to the berm due to the operations of the Contractor shall be properly filled or sandbagged before the end of the current low tide period. Any sand loss or damage resulting from the failure to maintain the winter berm will be at the expense of the Contractor to restore or repair, respectively. 22. Contractor shall remove debris from the Public Beach on a daily basis or within the maximum period of twenty -four hours from when requested to do so by the Lifeguard Supervisor or Engineering Inspector, whichever occurs first. 23. On Fridays preceding weekends when Special Activities are scheduled at Moonlight Beach State Park, Contractor shall cease operations and remove all equipment and personnel from the Public Beach by 5:00 A.M. All roadways, ramps and walkways shall be swept clean. 24. Prior to final inspection approval of this Permit by the Superintendent of Parks and Beaches, Contractor shall regrade the Public Beach to the contours existing prior to issuance of this Permit. Contractor shall also repair damage to and thoroughly clean the asphalt pavement along the access route. 25. Prior to final inspection approval of this Permit by the Superintendent of Parks and Beaches, Contractor shall either replenish all Public Beach sand lost due to Permittee's operations or compensate the Parks and Beaches Division by contributing to future sand replenishment projects. 26. Contractor shall direct all communications regarding this Permit through the Engineering Inspector, except as otherwise stated in these Conditions. City shall assume no responsibility for instructions received or given outside this "chain of command ". 27. Violations of any Standard or Special Condition will result in notification of the Sheriffs Department for appropriate action. A Stop Work Order on the Permit will be immediately issued by the Engineering Inspector or Lifeguard Supervisor. CS /ES /jsg /f:rowmisc /tevar /te6751s.doc3 28. These Conditions do not exempt the Contractor or Agency of any future fees or charges for access through the Beach area. 29. Permittee or Permittee's Contractor, on behalf of Pennittee, has read, understands and agrees to comply with all Beach Encroachment Permit Standard and Special Conditions and guarantees to save, indemnify, and hold harmless the City of Encinitas and all its agents, officers, employees, and officials against all liabilities, judgements, costs, and expenses, which may in any manner or form arise in consequent of the issue of this Permit or any work performed in consequence thereof (Signature J g€ �ennitte ontractor) (Date) ' 1� J � 1� , (Name of Permittee /Contractor Printed) (Position/Title) CS /ES /jsg /f:rowmisc /tevar /te6751s.doc4 Geopacifica, Inc. Me o T« Alan Archibald, Director of Engineering Services From: James Knowlton, Geotechnical Consultant Date: 11/30/00 Re. Review of Emergency Permit Application, SonneBrown, 836 -838 and 858 -860 Neptune Avenue, Encinitas, CA, Grading Permit #6751 1 have reviewed Emergency Permit #6 -00 -171 -G from the California Coastal commission and all supporting documents. I have also reviewed the construction plans by FLM and visited the subject site. The following questions /comments have been generated as a response to my review, site visit, and discussion with you and Masih Maher. REPORTS, PLANS AND CALCULATIONS 1. The orty site speck geotechnical reports prepared for the property were by American Geotechnic aI. bW ,spedfie& ON ripiliipr foot for the active design pressures. Your structural calculations use 45kips /lineal foot and reference a report by SEC. This referenced report is for another property and does not provide speck recommendations for this repair. A report must be submitted for this site specifically justifying the reduction of the active design pressure and should be supplied by the soils engineer of record. 2. The permit application to the City of Encinitaslists FLM consulting engineers as the Zesign civil and Soft Eincyinw. We will need a letter from FLM stating that they are now the soils engineers of record and will be providing the inspection and reports required by the City of Encinitas and California Coastal Commission. 3. No site specific slope stability analysis (Static, Pseudo-static, surficial) has been performed for the subject repair. Also, both circular and block (wedge) failure analysis will need to be performed. 4. Based upon the boring performed by American Geotechnical and a review of borings on adjacent properties the elevation of the Torrey Sandstone wdl be at approx. -5 to -10 feet below MSL'. Vft is n6tdepicted correctly on the construction plans: 5 " What will hold the upper caissons in place (vertically and laterally) and what will the bottoms of the caissons be founded in? • Page 1 6. It appears that a fairly large and deep slot excavation will be required for the lower retaining wall. How is the lower wall being constructed? l m #wengk*wc"idered possible readivation of the landslide during construction? 7. Has the engineer considere ee American Geotechnical) to pick up and drain perched groundwater. q Tie bm- , C 4-0 We will also need a schedule and construction- phasing plan for the proposed work. C(, (Cw-e- - Ujg-,Q-Q • Page 2 FILE No.450 12101 '00 08:56 D:LAMBERSON KOSTER & CO FAX:4 c 391 1882 PAGE 21 3 _aim. CERTIFICATE OF LIABILITY INSURANC4 L RATE(MM/0DM!) NDdNI 11/30/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Tam arson Koster & Company HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 580 California St., Suite 1400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Francisco CA 94104 -1035 Phone : 415 - 391 -1500 INSURERS AFFORDING COVERAGE INSURED INSURER A. Admiral Tnsurance Company INSURER 6: Condon & Assoc., Inc. INSURER C Oakl and , CA3H604 INSURER INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUER TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLIO L TYPE OF INSURANCE POLICY NUMBER AT M/R M! DATE MMf Dr LIMITS GENERAL LIABILITY I EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY ;L0 0A008547 05/01/00 05/01/ FIRE DAMAGE (Any ona flro) $ 100,000 CLAIMS MADE Egl OCCUR MED EXP (Any ene person) $ 5 , 00 0 PERSONAL & ADV INJURY $1 000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - CDMPJOP AGG 5 2 00O 000 POLICY X JEC LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Eaaxident) $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Par person) HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Par accident) $ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLYI AGG $ EXCESS LIABILITY EACH OCCURRENCE 3 OCCUR CLAIMS MARE AGGREGATE S $ DEDUCTIBLE $ RETENTION $ S WORKERS COMPEN5ATION AND TORY LIMITS I VIM- FMPLOYERS'LIAISILITY TY E. L. EACH ACCIDENT $ E.L. DISEASE. - EA EMPLOYEE $ I E L DISEASE - POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Libility: Additional Insured per the attached CG20101165. RE: All operations CERTIFICATE HOLDER 1 14 ADDITIONAL INSURED; INSURER LETTER; CANCELLATION ENCTNAT SHOULD ANY OF THE ABOVE DESCRIBER POLICIES BE CANCELLER BEFORE THE EXPIRATION PAT! THEREOF, THE ISSUING INSURER WILL i4GGAYOR40 MAIL 3 0 DAY5 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAM90 TO THE LEFT, da 2HALL City of Encinitas 505 S Vulcan Avenue Factnitas, CA 92024 -3633 � Lamberson Koster & comioAn ACORD 26S (7187) ®ACORD Cl*-PO TION 98s FILE No.450 12/01 '00 08 :57 D :LPMBERSON KOSTER & CO FAX :4191 1882 PAGE 3/ 3 POLICY NUMBER: AOOAGO8547 COMMERCIAL GENERAL LIABILITY NAMED INSURED: LONDON- JOHNSON & ASSOCIATES, INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (Form B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: John M. Brown, Richard and Luie Sonnie: City RE: 836 -860 Neptune, Encinitas. CJ of Encinitas Job# 0058 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. It is further agreed that such insurance as is afforded by this policy for the benefit of the above Additional insured(s) shall be primary insurance as respects any claim, loss or liability arising out of the Named Insured's operations, and any other insurance maintained by the Additional Insured(s) shall be excess and non- contributory with the insurance provided hereunder. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 133 STRUCTURAL CALCULATIONS U I for NOV z 20 00 ENGNEERING SERVICES CITY OF ENCINITAS NEPTUNE AVE BLUFF REPAIR Prepared For: MR. MIKE BROWN & MS. MONICA SONNIE Prepared By: FLM CONSULTING ENGINEERS 7220 Trade Street, Suite 120 San Diego, CA 92121 (858 ) 560 -0626 FAX (858) 565 -0627 . ,,�'`•�'� �� K FLARES PROJECT NO.: 00027 , Y j DATE ISSUED: 03/15/00 •3 REVISION DATE: 10 /18 100 off i fir' �► FLM ♦PARTNXRf • JOE-00OZ7 1 015 Me. FLMFLORES, LUND & MOBAYED - CONSULTING ENGINEERS SHEET NO. OF +PARTNERS 7220 Trade Street Suite 1 20 CALCULATED BY Mc 1. 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