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2006-54 G/I/PM City Of' NGINEERING SER VICES DEPARTMENT Encinitas Capital Improvement Projects District Support Services Field Operations Sand Replenishment/Stormwater Compliance Subdivision Engineering Traffic Engineering June 1, 2012 Attn: American Contractors Indemnity Company C/o HCC Surety Company 9841 Airport Boulevard, 9th Floor Los Angeles, California 90045 RE: John Dewald Mackinnon Avenue APN 260-394-08 CDP 05-054 Improvement Permit 54-1 Final release of security Permit 54-1 authorized the installation of all improvements as shown, all needed to build the described project. The Field Operations Division has approved the one-year warranty inspection. Therefore, a release in the remaining security deposit is merited. Performance Bond 321580, (in the original amount of$18,218.00), reduced by 75% to $4,554.50, is hereby released in entirety. The document original is enclosed. Should you have any questions or concerns, please contact Debra Geishart at (760) 633- 2779 or in writing, attention this Department. Sincerely, Debra Geishart .l "' F- z ay Lem ach Engineering Technician Finance Manager Subdivision Engineering Financial Services CC Jay Lembach, Finance Manager John Dewald&Associates, LLC Debra Geishart File Enc. IT-1 '60-633-2600 / i�AX -60 6,,i-I(,,- S(15 ti Vulcan ',icnuc Fn.ini[a� urni.i ')202- �� 3? ll�[� oii-i,;3 -nip Z; recycled paper City OfENGINEERING SERVICES DEPARTMENT Encinitas Capital Improvement Projects District Support Services Field Operations Sand Rep]emslmnent/Stormwater Compliance Subdivision Engineering Traffic Engineering July 14, 2010 Attn: Temecula Valley Bank 27710 Jefferson Avenue Suite A-100 P.O. Box 690 Temecula, California 92593-0690 RE: John Dewald and Associates MacKinnon Avenue CDP 05-054 APN 260-394-08 Grading permit 54-GI Partial release of security Permit 54-GI authorized earthwork, storm drainage, site retaining wall, and erosion control, all as necessary to build the described project. The Field Inspector has approved rough grading. Therefore, a portion of the security deposited can be released. Letter of Credit 0091, in the amount of$30,363.00, may be reduced by 75% to $7,590.75. The document will be kept until it is released in entirety. The retention and a separate assignment guarantee completion of finish grading. Should you have any questions or concerns, please contact Debra Geishart at (760) 633- 2779 or in writing, attention this Department. Sincerely, Debra Geishart y Lembach Engineering Technician Finance Manager Subdivision Engineering Financial Services CC: Jay Lembach,Finance Manager John Dewald&Associates Debra Geishart File TEL 760-633-2600 / FAX 760-633-2627 505 S. Vulcan Avenue, Encinitas, California 92024-3633 TDD 760-633-2700 �,�� recycled paper T _ City ofNGINEERING SERVICES DEPARTMENT Encinitas Capital Improvement Projects District Support Services Field Operations Sand Rep lenishment/Stormwater Compliance Subdivision Engineering Traffic Engineering .l my 14, 2010 Attn: American Contractors Indemnity Company 9841 Airport Boulevard 9t" Floor Los Angeles, California 90045 RE: John Dewald and Associates MacKiimon Avenue APN 260-316-12 CDP 05-054 Grading permit 54-G Partial release of security Permit 54-G authorized the grading and to guarantee both perforinance and labor and materials for earthwork, drainage, private improvements and erosion control, all needed to build the described project. The Field Operations Division has approved the rough grading. Therefore, a reduction in the security deposit is merited. Performance Bond 321579, in the amount of$98,081.00, may be reduced by 75% to $24,520.25. The document original will be kept until such time it is fully exonerated. The retention and a separate assignment guarantee completion of finish grading. Should you have any questions or concerns, please contact Debra Geishart at (760) 633- 2779 or in writing, attention this Department. Sincerely, Debra Geishart y Lembach Engineering Teclmician Finance Manager Subdivision Engineering Financial Services CC .lay Lembach,Finance Manager John Dewald&Associates Debra Geishart File TEL 760-633-2600 / FAX 760-633-2627 505 S. Vulcan Avenue, Encinitas, California 92024-3633 TDD 760-633-2700 �� recycled paper City gFNGINEERING SER VICES DEPARTMENT - Encinitas Capital Improvement Projects District Support Services Field Operations Sand Rep lem slim ent/Stormwater Compliance Subdivision Engineering Traffic Engineering April 14, 2011 Attn: American Contractors Indemnity Company C/O HCC Surety Company 601 S. Figueroa Street Suite 1600 Los Angeles, California 90017 RE: John Dewald and Associates MacKinnon Avenue APN 260-316-12 CDP 05-054 Grading permit 54-G Final release of security Permit 54-G authorized the grading and to guarantee both performance and labor and materials for earthwork, drainage, private improvements and erosion control, all needed to build the described project. The Field Operations Division has approved the grading and finaled the project. Therefore, a full release in the security deposit is merited. Performance Bond 321579, (in the original amount of$98,081.00), reduced by 75% to $24,520.25, is hereby released in entirety. The document original is enclosed. Should you have any questions or concerns, please contact Debra Geishart at (760) 633- 2779 or in writing, attention this Department. Sincerely, Debra Geishart ✓ /Finance bach Engineering Technician Manager Subdivision Engineering Financial Services CC Jay Lembach,Finance Manager John Dewald&Associates Debra Geishart File Enc. TEL 760-633-2600 / FAX 760-633-2627 505 S. Vulcan Avenue, Encinitas, California 92024-3633 TDD 760-633-2700 14 recycled paper �" City 0-ENGINEERING SERVICES DEPARTMENT Encinitas Capital Improvement Projects District Support Services Field Operations Sand Replenishment/Stormwater Compliance Subdivision Engineering Traffic Engineering May 4, 2011 Attn: American Contractors Indemnity Company C/o HCC Surety Company 9841 Airport Boulevard, 9`" Floor Los Angeles, California 90045 RE: John Dewald Mackinnon Avenue APN 260-394-08 CDP 05-054 improvement Permit 54-I Partial release of security Permit 54-1 authorized the installation ofall improvements as shown, all needed to build the described project. The Field Operations Division has approved the installation and tinaled the project. Therefore, a reduction in the security deposit is merited. A one-year warranty period is in effect for the remaining release. Performance Bond 321580, in the amount of$18,218.00, may be reduced by 75% to $4,554.50. The document original will be kept until such time it is fully exonerated. The one-year warranty inspection is required prior to release of remaining deposit. Should you have any questions or concerns, please contact Debra Geishart at (760) 633- 2779 or in writing, attention this Department. Sinemly, Debra Geish /,ay bach Engineering Technician Manager Subdivision Engineering Financial Services Cc Jay Lembach,Finance Manager John Dewald&Associates, LLC Debra Geishart File TEL 760-633-2600 / FAX 760-633-2627 505 S. Vulcan Avenue, Encinitas, California 92024-3633 TDD 760-633-2700 (�N recycled paper G \ City O f NGINEERING SERVICES DEPARTMENT Encinitas Capital Improvement Projects District Support Services Field Operations Sand Rep lenishment/S tormwater Compliance Subdivision Engineering Traffic Engineering April 14, 2011 Attn: Temecula Valley Bank 27710 Jefferson Avenue Suite A-100 P.O. Box 690 Temecula, California 92593-0690 RE: John Dewald and Associates MacKinnon Avenue CDP 05-054 APN 260-394-08 Grading permit 54-GI Final release of security Permit 54-GI authorized earthwork, storm drainage, site retaining wall, and erosion control, all as necessary to build the described project. The Field Inspector has approved the grading and finaled the project. Therefore, a portion of the security deposited can be released. Letter of Credit 0091, (in the original amount of$30,363.00), reduced by 75% to $7,590.75, is hereby released in entirety. The-document original is enclosed. Should you have any questions or concerns, please contact Debra Geishart at (760) 633- 2779 or in writing, attention this Department. SmSc yely, Debra Geis Lem ach Engineering Technician inance Manager Subdivision Engineering Financial Services CC: Jay Lembach,Finance Manager John Dewald&Associates Debra Geishart File Enc. TEL 760-633-2600 / FAX 760-633-2627 505 S. Vulcan Avenue, Encinitas, California 92024-3633 TDD 760-633-2700 AD recycled paper - Recording Requested by DOC # 206-4614852 !liillll IN San Diego Gas&Electric Company 1111111111111111111111111111111111111111111111111111111111 When recorded,mail to: AUG 29, 2906 10:61 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDERS OFFICE GREGORYJ.SMITH,COUNTY RECORDER FEES: 22.00 San Diego Gas& Electric Company OC: NA PAGES: 6 8335 Century Park Court,Suite 100 San Diego,CA 92123-1569 11111!i Hill Hill go111 11l Nql il oil oil li1mi Hill Hill pill oil I Attn: Real Estate Records- CPI I D ------ --2006-0614852- SPACE ABOVE FOR RECORDER'S USE Project No. 634047-010&020 6430 Const.No. 2862910&2862911 A.P.N. 260-316-09, 10, 11, 12 Transfer Tax None SAN DIEGO AS&E RIC COMPANY SDG&E RW NO. 162588 EASEMENT P.S. INVESTORS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND EDWARD D. BETZ, AS TRUSTEE OF THE 2001 EDWARD DANIEL BETZ, REVOCABLE TRUST, DATED JUNE 8, 2001 AND JDA MACKINNON, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND JDSK INVESTMENTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, (Grantor), grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation (Grantee),an easement and right of way in, upon,over, under and across the lands hereinafter described, to erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain and use facilities consisting of: 1. Underground facilities and appurtenances for the transmission and distribution of electricity. 2. Communication facilities,and appurtenances. The above facilities will be installed at such locations and elevations upon, along,over and under the hereinafter described easement as Grantee may now or hereafter deem convenient or necessary. Grantee also has the right of ingress and egress, to, from and along this easement in, upon, over and across the hereinafter described lands. Grantee further has the right, but not the duty to clear and keep this easement clear from explosives, buildings, structures and materials. The Property in which this easement and right of way is hereby granted is situated in the County of San Diego, State of California described as follows: J land�� I 8102365 Rev.I Lots 1,2 and 3 in Block 43, according to Map thereof No. 1334,filed in the Office of the County Recorder of San Diego County. EXCEPTING THEREFROM the Southerly 7 feet of Lot 3, of Cardiff "A", according to said Map thereof No. 1334. The easement in the aforesaid property shall be those strips of land, including all of the area lying between the exterior sidelines, which sidelines shall be three (3) feet, measured at right angles, on each exterior side of each and every utility facility installed within said property on or before February 10, 2008. In order to provide adequate working space for Grantee, Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed any building or other structure, park any vehicle, deposit any materials,plant any trees and/or shrubs within eight(8) feet of the front of the door or hinged opening of any above ground facility installed within this easement. Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed, any building or other structure,plant any tree,drill or dig any well,within this easement. Grantor shall not increase or decrease the ground surface elevations within this easement after installation of Grantee's facilities, without prior written consent of Grantee, which consent shall not unreasonably be withheld. Grantor further grants to Grantee the right to assign any or all of the rights granted in this easement in whole or in part to other companies providing utility or communication facilities/services. Grantee shall have the right but not the duty, to trim or remove trees and brush along or adjacent to this easement and remove roots from within this easement whenever Grantee deems it necessary. Said right shall not relieve Grantor of the duty as owner to trim or remove trees and brush to prevent danger or hazard to property or persons. CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, therefore Grantor shall not make or allow any excavation or fill to be made within this easement WITHOUT FIRST NOTIFYING SAN DIEGO GAS & ELECTRIC COMPANY BY CALLING (619) 696-2000, and OBTAINING PERMISSION. The legal description for this easement was prepared by San Diego Gas & Electric Company pursuant to Section 8730 of the Business and Professions Code, State of California. s:land:dam _? 810?36S Rev. 6432 This easement shall be binding upon and inure to the benefit of successors, heirs, executors, administrators,permittees,licensees,agents or assigns of Grantor and Grantee. Av IN WITNESS WHEREOF, Grantor executed this instrument this n day of 20�, P.S. INVESTORS, C, A CALIFORNIA LIMITED LIABILITY CO ANY BY: TITLE: BY: TITLE: E D. BETZ,AS TRUSTE O HE 2001 EDWARD DANIEL BETZ, VOCABLE TRUST,DATED JUNE 8,2001 j.4=d.data -3 8102365 __ Rev.1 5433 JDA MAC LL A CALIFORNIA LIMITED LIABILITY C ANY BY: TITLE: ` BY: TITLE: JDSK INVESTMENT , A CALIFORNIA LIMITED LIABILITY CO Y BY: TITLE: BY: TITLE: Drawn rO/06 n Checked Date a:land.•dato -4 8ID236S Rev.I STATE OF 0 6434 COUNTY" ' )SS. On before me-' 6 (name, title of officer),appeared o personally known to me proved to me on the basis of satisfactory evidence to be the person(4 whose name(&) is/am subscribed to the within instrument and acknowledged to me that he/may executed the same in hi&%erkheir authorized capacity(iesj, and that by his/her}dteir signature(e) on the instrument the person(-j3, or the entity upon behalf of which the person(s)L.acted, executed the instrument. WITNESS my hand and official seal. OFFICIAL SEAL L. MONTES ••m NOTARY PUBLIC-CALIFORNUI 40 Si ture COMM.NO. 1482468 — SAN DIEGO COUNTY MY COMM.FXP.APRIL 13.2008 STATE OF - ) COUNTY O , )SS. O (�,before me ( ame,title of officer),appeare o personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose named) is/are-subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in his/herIftir authorized capacity(ies), and that by his/hcr/their signature(s}on the instrument the person(aj,—or the entity upon behalf of which the person*acted, executed the instrument. WITNESS my hand and official seal. *,My OFFICIAL SEAL L- MONTES NOTARY PUBLIC-CALIFORNIA c COMM.NO.1482468 Si ture SAN DIEGO COUNTY UM—*--'i COMM.FXP.APRIL 13.2008 s:1and:da1a 5- 8102365 _ Rev.I STATE OF ) COUNTY OF ` SS. 6435 � before me (name, title of officer),appeared o personally known to me y proved to me on the basis of satisfactory evidence to be the person(s)'whose name(s) is/are subscribed to the within instrument and acknowledged to ire that helsba4hey executed the same in his/her/iheir authorized ca ci signature(sron the instrument the � �'(� and that by his/herttl�ii- executed the instrument. n( ;or the entity upon behalf of which the person fsj acted, WITNESS my hand and official seal. a4z OFFlCIA t SEAL L. MONTES ZZI NOTARY PUBLIC•CALIFQRNIA Si tore , . COMM.NO. 1482968 SAN DIEGO COUNTY MY COr„a,.FXp,APRrL 13.2008 STATE OF �- ) COUNTY _ )SS. 2 before me -�-� (name,title of officer),appeared U personally known to me Xproved to me on the basis of satisfactory evidence to be the person*whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shefhey executed the same in hi&+xrtd%-ir-authorized ca aci signature(g}-on the instrument the person p ty�), and that by his/her>�eir executed the instrument person(4, the entity upon behalf of which the persons acted, WITNESS my hand and official seal. OFFICIAL SEAL L. MONTES ate, NOTARY PUBLIC-CALIFORNIA cl cr COMM.NO. 1482968 Si tore SAN DIEGO COUNTY MY COihrd.F.XP.APRIL 13.200a s.-land.-data -6- 810236S - Rev.I DOC 2005-0772138 When Recorded Mail To IIU!111111!lI11�11i!llilllf�llll11�j11�11I111��11 And Recording Requested By ) f 1'] SEP 07, 2M 11:47 AM i } (/ OFFICIAL RECORDS SAN DIEGO COUNTY RECORDERS OFFICE City Clerk GREGGRYJ.SMITH 6.COUNTY RECORDER ) FEES: .00 City of Encinitas PAGES: 7 505 S.Vulcan Avenue , IN�I 11111 111101111 Encinitas,CA 92024 ) SPACE A 8 2 2 0KOT APPROVED FOR DEVELOPMENT CERTIFICATE OF COMPLIANCE (Section 66499.35 of the Government Code) 2005-077?38 IN COMPLUINCE• 'Be Planning & Building Director of the City of Encinitas has determined that the parcels of real property described below have been divided or have resulted from a division in compliance with the Subdivision Map Act and with provisions of the City of Encinitas Municipal Coda The parcels described herein may be sold, leased,or fnwced without rther compliance with the Subdivision Map Act or any local ordinance enacted fu Pursuant to the Act. Development of the parcels may require issuance of a permit or permits,or other grant or grants of approval. Section 30.16.010 of the City of Encinitas Municipal Code specifies a minimum lot size of 3,950 sq. ft and minimum lot dimensions of 90 feet in depth and 40 feet in width for the subject R-I 1 (Residential 11)crone. This Certificate of Compliance applies to minimum tot size and dimensions. four parcels in compliance with the required standards pertaining to Owner/Applicant: John DaWald Plat Map: (See Exhibit"B';attached) Descriptions: (See Exhibit"A attached) NOTE:The plat in Exhibit"B"and descriptions in Exhibit"A",attached,have been provided by the owner of the property, and neither the City of Encinitas nor any of its officers or employees assume any responsibility for the accuracy of said descriptions or Plats. This Certificate of Compliance shall in no way affect the requirements of any City,County,State,Federal or local agency that regulates development of real property. Case No: 04-123 BA/CDP (see PBD 2005-55 dated July 11, 2005 on file in the Planning & Building Department) Assessor Parcel Numbers:APNs:260-394.08,260-316-01&-07 Date:September 2,2005 BY: Bill Weedman,City Planner r FEB 220116 f' PBD/W9-\C0C-s104-123bacdp EXHIBIT "A" 8221 LEGAL DESCRIPTION PARCEL 1 THOSE PORTIONS OF LOTS 2 AND 3 IN BLOCK 43 OF CARDIFF"A",ACCORDING TO MAP THEREOF NO. 1334,RECORDED ON MAY 12,1911,AND A PORTION OF LOT A IN BLOCK 1 OF CARDIFF ACRES ACCORDING TO MAP THEREOF NO. 1680 RECORDED DECEMBER 9, 1915 ALL IN THE CnY OF ENCINITAS,COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,FRM IN THE OFFICE OF 714E COUNTY RECORDER OF SAID SAN DIEGO COUNTY,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT I OF BLOCK 43 OF SAID MAP NO. 1334,7MR4CE ALONG THE NORTHEASTERLY RrAff-0F WAY OF MACKINNON AVENUE AS DEPICTED ON SAID MAP NO. 1334,SOUTH 30004'12"EAST,58.20 FEET T0. . TRUE POINT OF BEGINNING;THENCE CONTINUING ALONG SAID NOII: RLY RIGHT.OF WAY OF MACKINNON AVENUE,SOUTH 30°04'12" DTs 40.00 FEET;THENCE ALONG A LINE PARALLEL WITH AND AT AN OFFSET OF 7• T NOR Y OF 7M NORTHWF,STERLY LINE OF LOT 4 OF SAID MAP 1334,NORTH 59°55'48"EAST, 130.57 FEET TO A POINT ON THE WESTERLY LINE AF LOT 5'OF MAP NO. 11485,RECORDED ON APRIL 11, 1986;THENCE ALONG SAID' 0ESTERLY LINE OF LOT 5,NORTH 12°00'40"WEST,2032 FEET;?HENCE CONTINUING ALONG SAID WESTERLY LINE OF LOT 5,NORTH 89°52'54"WEST, 31.18 FEET;7RENCE CONTINUING ALONG SAID WESTERLY LINE,NORTH 00°50'02" EAST,5.83 'E ;THENCE LEAVING SAID WESTERLY LINE,SOUTH 59055'48"WEST, 112.91 FEET TO THE TRUE POINT OF BEGINNING. PROD c. LS 5211 . 06/30 7 r �ir CAS '7_Iz-oT 8222 PARCEL 2 THAT PORTION OF LOTS 1 AND 2 IN BLOCK 43 OF CARDIFF"A",IN THE CITY OF ENCUWAS,COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO OFFICIAL MAP THEREOF NO. 1334,FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDED ON MAY 12, 1911. TOGETHER WITH THAT PORTION OF LOT"A"m BLOCK 1 OF CARDIFF ACRES,IN THE CITY OF ENCINITAS,COUNTY OF SAN DIEGO,STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 1680,FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDED ON DECEMBER 8, 1915,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1 OF BLOCK 43 OF SAID MAP NO. 1334,THENCE ALONG THE NORTIMASTERLY RI ja_OF-WAY OF MACKINNON AVENUE AS DEPICTED ON SAID MAP NO. 1334,SOUTH 30°04'12"EAST, 18.20 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONT 04UTNG ALONG SAID NORTHEASTERLY RIGHT-0F-WAY OF MACKINNON AVENUE,Spy 30-04-12- EAST,40.00 FEET;THENCE LEAVING SAID NORTHEASTERLY RW}jT.OF WAY OF MACKINNON AVENUE,NORTH 39055'48"EAST, 112.91 FEET TO A POINT ON THE WESTERLY LINE OF LOT S OF MAP NO. 11485,RECORDED ON APRIL I i, 1 ; THENCE ALONG SAID WESTERLY LINE OF LOT S,NORTH 00°50'02"EAST,98638.46 FEET;'THENCE LEAVING SAID WESTERLY LINE OF LOT 5,SOUTIi 59°5548"WEST, 0.97 FEET;THENCE NORTH 89°09'58"WEST, 13.63;THENCE SOUTH 59°55'48"WEST, 100.00 FEET TO THE TRUE POINT OF BEGINNING. LANO C. 0 Ex . 06/3011/3 /07 p Qr CAI. 8223 PARCEL 3 THAT PORTION OF LOT"A°IN BLOCK 1 OF CARDIFF ACRES,IN THE CITY OF ENCINITAS,COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO OFFICIAL MAP THEREOF NO. 1680,FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDED ON DECEMBER 8, 1915. TOGETHER WITH THAT PORTION OF BIRMINGHAM DRIVE AS VACATED BY A RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, RECORDED ON DECEMBER 2, 1985 AS FILE NO.85-452277 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1 OF BLOCK 43 OF MAP NO. 1334,RECORDED ON MAY 12, 1911,THENCE ALONG THE NORTHEASTERLY RICffr. OF-WAY OF MACKINNON AVENUE AS DEPICTED ON SAID MAP NO. 1334,SOUTH 30°04'12"EAST, 18.20 FEET;THENCE LEAVING SAID NORTHEASTERLY RIGHT-0F. WAY OF MACK94NON AVENUE,NORTH 59.55'48"EAST 100.00 FEET;'THENCE SOUTH 89°0958"EAST 13.63 FEET;THENCE NORTH 59-55'48"EAST,20.97 FEET TO A POINT ON THE WESTERLY LINE OF LOT 5 OF MAP NO. 11485,RECORDED ON APRIL 11, 1996;THENCE ALONG SAID WESTERLY LINE OF LOT 5,NORTH 00°50'02"EAST, 6.61 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING ALONG SAID WESTERLY LINE OF LOT 5,NORTH 0(°50'02"EAST,82.20 FEET;THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PORTION OF VACATED BIRMINGHAM DRIVE THE FOLLOWING(3)COURSES: 1) NORTH 01°12'51"EAST, 10.90 FEET 2) NORTH 89009'58"WEST,31.25 FEET 3) NORTH 82°35'42"WEST,20.29 FEET THENCE LEAVING}SAID NORTHERLY BOUNDARY OF THAT PORTION OF VACATED BIRMINGHAM DRIVE,SOUTH 00°50'02"WEST,95.42 FEET;THE SOUTH 89°09'58" EAST,51.33 FEET TO THE TRUE POINT OF BEGINNING. LAW tiN C' `�� v LS 5211 � .G�0`6/30/07 CALIF 7-I z_e s PARCEL 4 8224 THAT PORTION OF LOT"A"IN BLOCK 1 OF CARDIFF ACRES,IN THE CITY OF ENCINITAS,COUNTY OF SAN DIEGO,S'L'ATE OF CALIFORNIA,ACCORDING TO OFFICIAL MAP'THEREOF NO. 1680,FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDED ON DECEMBERS, 1915. TOGETHER WITH THAT PORTION OF LOT 1 IN BLOCK 43 OF CARDIFF"A;IN THE CITY OF ENCU41TAS,COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO OFFICIAL MAP THEREOF NO. 1334,FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDED ON MAY 12, 1911. ALSO TOGETHER WITH THAT PORTION OF BIRMINGHAM DRIVE AS VACATED BY A RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, RECORDED ON DECEMBER.2, 1 985 AS FILE N0.85.452277 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINMNG AT THE NOR7W WEST CORNER OF LOT 1 OF SAID MAP N0. 1334, THENCE ALONG THE NORTHEASTERLY RIGHT-OF-WAY OF MACKINNON AVENUE AS DEPICTED ON SAID MAP NO. 1334,SOUTH 30004'12-EAST, 18.20 FEET;THENCE LEAVING SAID NORTHEASTERLY RWffr-OF-WAY OF MACKINNON AVENUE, NORTH 59-5S'48"EAST, 100.00 FEET;THENCE SOUTH 89°09'58"EAST 13.63 FEET; THENCE NORTH 59-55'48"EAST,20.97 FEET TO A POINT ON THE WESTERLY LINE OF LOT S OF MAP NO 11485,RECORDED ON APRIL 11, 1986;THENCE ALONG SAID WESTERLY LINE OF LOT S,NORTH 00-M-02"EAST,6.61 FEET;THENCE LEAVING SAID WESTERLY LINE OF LOT S,NORTH 89.09'58"WEST 51.33 FEET;7100E NORTH 00.50'02"EAST,95.42 FEET;TO A POINT ALONG THE NORTHERLY BOUNDARY OF SAID PORTION OF VACATED BIRMINGHAM DRIVE,THENCE ALONG SAID NORTHERLY BOUNDARY OF SAID PORTION OF VACATED BIRMINGHAM DRIVE,NORTH 82-35'42"WEST,6AS FEET;THENCE LEAVING SAID PORTION OF VACATED BIRMINGHAM DRIVE ALONG THE SOUTHERLY RLGM_OF WAY OF BIRMINGHAM DRIVE AS DESCRIBED IN SAID DOCUMENT RECORDED ON DECEMBER 2, 1985 AS FELE No.85-432277 OF OFFICIAL (4)COURSES; RECORDS THE FOLLOWING 1) SOUTH 63 052'00 WEST,25.04 FEET 2) SOUTH 73-20'13"WEST,23.25 FEET 3) SOUTH 77°48'08"WEST,23.31 FEET 4) SOUTH 68.42'48"WEST,23.41 FEET TO A POINT ON THE EASTERLY Rl(RTT- OF-WAY OF SAID MACKINNON AVENUE; THENCE ALONG SAID EASTERLY RIGHT-0F-WAY LINE OF MACKINNON AVENUE, SOUTH 01°22'41-WEST,81.72 FEET;THENCE ALONG THE NORTHEASTERLY RIGHT OF WAY OF SAID MACKINNON AVENUE,SOUTH 30-04-12-EAST,40.94 FEET TD THE POINT OF BEGINNING. 1�k0 � N C. O' �< l3 5211 G -7-!z S N 0 8225 0i u 1 � Q � M 6 cl cu -481Z Q Q Off $ 4i 3 cv o cl 11 8226 EXHIBIT IS _ ® INDICATES EXISTING ROAD EASEMENT, �F'•=ET 2 OF 2 ON 9-19-85 AS F/N 85-346729 OF O.R. RECOAOEO O8 INDICATES EXISTING PRIVATE ACCESS EASEMENT. tANO RECORDED ON 6-26-86 AS F/N 86-260330 F C' �F © INDICATES ROAD IVACATED AS AND ON 12-2-85 AS F/N 85-452277 VACATED � LS 5211 Q6/30/07 INDICATES PROPOSED PARCEL LINE INDICATES EXISTING PARCEL LINE 't., �1e 1�6� DES) •E v��. .52 M 35'42• 102 . ,8226 94• E�•p9.5g•E 48'08•E •'�'� 31.25 23. 775! We \ µG823 Al 6 �� G _ ^ p-35' EXISTING "d e+1 z :" + HOUSE W b z ~� "'.. ;v 4 I 9 ,4 i 13138 SF_6A 12 _NET �� a' r O e51 sF. � t,oT•�•t Nes ros•sear +° � 81.ocK < 61. 3• y, 4 EXIST. Na 16M HOUSE N59'55•e8+ 20.97• X10 s E � o sue` 9 aQ' %3 63 � � Og�, 4�'S� 1Y89'52.5�•lr ^� � �9� 31.18' �rR t1 91� DUPLEX •A•� y e3• cp� i� �t�/ gry5 y1/.�1��i PE 1033BA SCALE: I "=40 ' i PASCO EN6DFXAING (858) 259-8212 WN. 2Z 101. STE. A SOIANA BEACH CA X2073 Recording Requested By And CIN UL 03 20'')6 )MENf rq(jtvBF-_R (�471 When Recorded Mail To: - 061 MI-1 H.COUN I), RE-CORDER CUUNTY ki-CUHDER, OFFICE TIME. 3 49 PM City Clerk City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY: TENTATIVE PARCEL MAP AND COASTAL DEVELOPMENT PERMIT Assessor's Parcel No. 260-316-12 Case No.: 05-054 TPM/CDP A. John T. DeWald ("OWNER" hereinafter) is the owner of real Property which is commonly known as 2005 & 2009 Mackinnon Avenue ("PROPERTY" hereinafter) and which is described as follows: See Attached Exhibit ,A,, B. In consideration of the approval of Case No. 05-054 TPM/CDP by the City of Encinitas ("CITY" hereinafter),. OWNER hereby covenants and agrees for the benefit of CITY, to co the terms and conditions of the pen-nit as follow: mply with See Attached Exhibit 11B1,I pBD-2005 _099 dated December 12, 2005, which is attached hereto and made apart hereof. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs,Personal representatives, transferees and assigns of the respective parties. D. OWNER agrees that OWNER'S duties and this obligations under 1.) is 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 attorne s' Y 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. G. Upon OWNER'S satisfaction of OWNER'S duties and obligations contained herein, OWNER may request and CITY shall execute a Satisfaction of Covenant. H. By action of the City Council, CITY may assign to a person or persons impacted by the performance of this Covenant, the right to enforce this Covenant against OWNER. ACCEPTED AND AGREED: OWNER: Dated by Dewald (Notarization of OWNER'S sign re is attached.) CITY OF ENCINITAS: DatedJuKk by Bill edman (Notarization not required) City Planner 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of a t ss. O f►u, 12�Da 2Z,6 before me, -2 I ts t Personally a and Title of Ofr (e. •Jane Doe,Notary P c) Y ppear � �t Name s)of Signers) , 1 ❑personally known to me f proved to me on the basis of satisfactory `ev'ience r to be the personM whose names) is/8f8- •;:.';-.0 OFFICIAL SEAL subscribed to the within instrument and L. MONTES acknowledged to me that he/ CD _. ; NOTARY PUBLIC-CALIFORNIA m the executed COMPA.NO. 1482968 same in his/heW4' acit e -- authorized ca SAN DIEGO COUNTY p Y(*Mr and that by his/4eW44eir hAY COMM.^.FxP.APRIL 13.2008 signature(8) on the instrument the erso C p �) or the entity upon behalf of which the person(c) acted, executed the instrument. WITNES m h nd a d official seal. 2.� ignature o blic �I Though the information below is not required by law,it may y 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: r Document D te: 1311 f � Number of Pages:__ , Signer(s)Other Than Named Above: l Capacity(ies) Claimed by Signer I` Signer's Na ❑ Individual ' ❑ Corporate Officer—Title(s): To b here ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 1 ` Signer Is Representing: ©1999 National Notary Assoaation•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 www.nationalnotary.org prod.No.5 '`—'�"L•V2°"'��, Reorder:Call Toll-Free 1-800-876-6827 EXHIBIT "All THAT PORTION OF LOT"A"IN BLOCK 1 OF CARDIFF ACRES,IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO OFFICIAL MAP THEREOF NO. 1680,FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDED ON DECEMBER 8, 1915. TOGETHER WITH THAT PORTION OF LOT 1 IN BLOCK 43 OF CARDIFF"A",IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO OFFICIAL MAP THEREOF NO. 1334,FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDED ON MAY 12, 1911. ALSO TOGETHER WITH THAT PORTION OF BIRMINGHAM DRIVE AS VACATED BY A RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, RECORDED ON DECEMBER 2, 1985 AS FILE NO. 85-452277 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF SAID MAP NO. 1334, THENCE ALONG THE NORTHEASTERLY RIGHT-OF-WAY OF MACKINNON AVENUE AS DEPICTED ON SAID MAP NO. 1334, SOUTH 30004'12"EAST, 18.20 FEET;THENCE LEAVING SAID NORTHEASTERLY RIGHT-OF-WAY OF MACKINNON AVENUE, NORTH 59°55'48"EAST, 100.00 FEET;THENCE SOUTH 89°09'58"EAST 13.63 FEET, THENCE NORTH 59 055'48"EAST, 20.97 FEET TO A POINT ON THE WESTERLY LINE OF LOT 5 OF MAP NO. 11485, RECORDED ON APRIL 11, 1986;THENCE ALONG SAID WESTERLY LINE OF LOT 5,NORTH 00 050'02"EAST, 6.61 FEET;'THENCE LEAVING SAID WESTERLY LINE OF LOT 5,NORTH 89°09'58"WEST 51.33 FEET;THENCE NORTH 00 050'02"EAST, 95.42 FEET, TO A POINT ALONG THE NORTHERLy BOUNDARY OF SAID PORTION OF VACATED BIRMINGHAM DRIVE; THENCE ALONG SAID NORTHERLY BOUNDARY OF SAID PORTION OF VACATED BIRMINGHAM DRIVE, NORTH 82 035'42"WEST, 6.65 FEET,THENCE LEAVING SAID PORTION OF VACATED BIRMINGHAM DRIVE ALONG THE SOUIIjERLy RIGHT_OF- WAY OF BIRMINGHAM DRIVE AS DESCRIBED IN SAID DOCUMENT RECORDED ON DECEMBER 2, 1985 AS FILE NO. 85-452277 OF OFFICIAL RECORDS THE FOLLOWING (4) COURSES: 1) SOUTH 63°52'00 WEST,25.04 FEET 2) SOUTH 73°20'13"WEST,23.25 FEET 3) SOUTH 77°48'08"WEST, 23.51 FEET 4) SOUTH 68°42'48"WEST, 23.41 FEET TO A POINT ON THE EASTERLY RIGHT_ OF-WAY OF SAID MACKINNON AVENUE; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF MACKINNON AVENUE, SOUTH 01°22'41"WEST, 81.72 FEET, THENCE ALONG THE NORTHEASTERLY RIGHT_ OF-WAY OF SAID MACKINNON AVENUE, SOUTH 30°04'12"EAST,40.94 FEET TO THE POINT OF BEGINNING. EXHIBIT "B" City of Encinitas PLANNING AND BUILDING DEPARTMENT 505 So. Vulcan Ave. Encinitas, CA 92024 (760) 633-2710 NOTICE OF DECISION PBD 2005-99 December 12, 2005 This letter is to inform you that the Planning and Building Director has approved your application for: 05-054 TP1VI/CDP (DeWald) — Tentative Parcel Map and Coastal Development Permit for the subdivision of an existing legal lot into three (3) residential lots. The application also requests the demolition of two existing residential dwelling units and to construct three (3) detached custom single family units on each of the three (3) newly created parcels. The subject property is located in the Coastal Zone and the Residential 11 (R-11) Zoning District of the City of Encinitas. (APNs: 260-316-12). Project Description and Discussion: The applicant proposes a tentative parcel map.to subdivide an existing legal lot into three parcels. The gross and net lot areas for the three proposed lots after adjustment will be as follows: Lot 1 Lot 2 Lot 3 Gross Lot Area (sq. ft.) 4,383 4,299 4,456 Net Lot Area (sq. ft.) 4,383 4,299 4,265 Lot Width (ft.) 42.41 40 40 Lot Depth (ft.) 109 99 113.63 All three lots will be accessed from the Mackinnon Avenue right-of-way. Section 30:16.010 of the Municipal Code specifies a minimum lot area of 3,950 square feet and minimum lot dimensions of 40 feet in width and 90 feet in depth for the subject R-11 Zoning District. The proposed lots resulting from the subdivision comply with the required standards for lot area and minimum dimensions for lot width and depth. The applicant is also requesting a Coastal Development Permit to demolish two existing residential structures. The Coastal Development Permit request also includes the constriction of three detached single family residential structures on the newly created Lots 1, 2, & 3. In accordance with Municipal Code Section 23.08.030B7, the proposed three dwelling units are exempt from Design Review and qualify as custom homes since they different building footprints, orientation and elevations, architectural features, and exterior materials. A two-story single family residence with a basement is proposed on Lot 1. Lots 2 & 3 will also be constructed with two two-story single-family residences with basements. The proposed development complies with all of the development standards for the subject R-11 zone including setbacks, lot coverage, floor area ratio, parking, and building heights. The applicant conducted a Citizen's Participation Program (CPP) in accordance with Chapter 23.06 of the Municipal Code. A public meeting was held on April 5, 2005. As noted in the Final Citizen Participation Report on the CPP, five members of the public attended the meeting. A PBDRS;G1t\Tod\05-054tpmcdp standard public notification was issued for the Tentative Parcel Map and Coastal Development Permit application, which allowed for a 20-day comment period. The comments received from those in attendance centered on the issues of parking, building heights and constriction schedule. This approval is based on the following findings: FINDINGS FOR A TENTATIVE PARCEL MAP STANDARD: Section 66474 of the California Government Code requires that the authorized agency approve an application for a Tentative Map unless, based upon the information presented in the application and during the Public Hearing, the authorized agency makes any of the following findings of fact: a. That the proposed map is not consistent with applicable general and specific.plans as specified in Section 65451 of the Subdivision Map Act. Facts/Discussion: There is no specific plan associated with the subject property. The General Plan allows for single family residential development at a maximum density of 11.0 dwelling units per net acre in the subject R-11 zone. The 3-lot subdivision is consistent with the General Plan density range for the R-11 zone. Conclusion: The Planning and Building Department finds that the proposed map is consistent with the General Plan. b. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. Facts/Discussion: Chapter 24.12 of the Municipal .Code sets forth design standards for subdivisions and Chapter 30.16 of the Municipal Code sets forth development standards such as lot width, depth, and area requirements for the subject R-11 zone. The proposed 3-lot subdivision exceeds the applicable development and design standards of the General Plan and Municipal Code. Conclusion: The Planning and Building Department finds that the design of the subdivision is consistent with the General Plan and Municipal Code. C. That the site is not physically suitable for the type of development. Facts/Discussion: The site contains sufficient area to permit the 3-lot subdivision and the proposed development of single-family residences in accordance with the development standards for the R-11 Zoning District. The two existing residence on the site will be demolished. The building areas for the subdivided lots will permit residential developments consistent with R-11 zone standards. Conclusion: The Planning and Building Department finds that the subject site, with conformance to project conditions, is physically suitable for the proposed 3-unit residential development in compliance with all applicable development standards of the subject R-11 zone. PBD/RS/G:\Nod\05-054tpmcdp 2 d. That the site is not physically suitable for the proposed density of development. Facts/Discussion: The proposed 3-lot subdivision is consistent with the City's adopted General Plan density range for the R-11 Zoning District, which is afforded a maximum density of 11.0 dwelling units per acre. The net acreage calculations for the subdivision indicate a site-specific maximum density of three (3) units. Therefore, the project complies with the General Plan density provisions for the subject R-11 zone. Conclusion: The Plaruung and Building Department finds that the subject site is physically suitable for the proposed potential density of development. e. That the design of the subdivision or of the proposed improvements is likely to cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat. Facts/Discussion: The project has been detennined to be exempt from environmental review pursuant to Sections 15301(1)(1), 15303(a) & 15315 of the California Environmental Quality Act (CEQA) Guidelines, which categorically exempt the demolition of single family residence and duplexes, the construction of up to three new single-family residences.in urbanized areas and the division of property in urbanized areas zoned for residential. No- sensitive species or sensitive habitats are present on the project site. The site is frilly disturbed and partially developed with an existing single family dwelling. No wetland or riparian habitat exists on or near the project site. Conclusion: The Planning and Building Department finds that the design of the subdivision and of the proposed improvements is not likely to cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat. f. That the design of the subdivision or the type of public health problems. improvements is likely to cause serious. Facts/Discussion: The applicant has provided letters of service availability from fire, sanitation, water, and school districts which state that all services are available to serve the project. Conclusion: The Planning and Building Department finds that, since all necessary services can be provided for the proposed project, the design of the subdivision and of the proposed improvements is not likely to cause serious public health problems. g. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the authorized agency may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements through or use of property within the proposed subdivision. Facts/Discussion: No easements have been identified on the subject property that would conflict with the proposed subdivision. PBD/RS/G:\Nod',05-054 tpmc dp 3 m Conclusion: The Planning and Building Department finds that the design of the subdivision or the type of improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. FINDINGS FOR A COASTAL DEVELOPMENT PERMIT STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency must make the following findings of fact, based upon the information presented in the application and during the Public Hearing, in order to approve a coastal development permit: 1. The project is consistent with the certified Local Coastal Program of the Ci and ty of Encinitas; 2. The proposed development conforms with Public Resources Code Section 21000 and following (CEQA) in that there are no feasible mitigation measures or feasible alternatives available which would substantially lessen any significant adverse impact that the activity may have on the environment; and 3. For projects-involving development between the sea or other body of water and the nearest public road, approval shall include a specific finding that such development is in conformity with the public access and public recreation policies of Section 30200 et. seq. of the Coastal Act. Facts: The City's General Plan and Municipal Code are the applicable components of the City's Local Coastal Plan. The project consists of a 3-lot residential subdivision and constriction of three(3) single-family dwelling units. The proposed parcels are consistent with all applicable zoning code development standards. The project has been determined to be exempt from environmental review pursuant to Sections 15301(1)(1), 15')G3(a) & 15315o f the California Environmental Quality Act (CEQA) Guidelines. The applicant is also requesting a Coastal Development Permit to demolish two existing single family residences. The Coastal Development Permit request also includes the construction of three detached single family residential structures on the newly created Lots 1, 2, & 3. A two-story single family residence with a basement and an attached garage is proposed on Lot I. Lots 2 & 3 will be constructed with two two-story single-family residences with basements. The proposed development complies with all of the development standards for the subject R-11 zone including setbacks, lot coverage, floor area ratio,parking, and building heights. Discussion: Related to finding No. 1, with the approval of the Tentative Parcel Map request, the project complies with or is conditioned to comply with the City's Local Coastal Program and the Municipal Code. Related to finding No. 2, the project is exempt from environmental review and there is no potential for any significant adverse impact to the environment from the project. Finding No. 3 is not applicable since the project is not located between the sea or other body of water and the nearest public road. Conclusion: The Planning and Building Department finds that 1) the project is consistent with the certified Local Coastal Program of the City of Encinitas; 2) no potentially significant adverse impacts to the environment will result since the project is exempt from environmental review pursuant to CEQA Guidelines Sections 15301(1)(1), 15303(a) & PBD/RS;'G:1Nod''\05-054tpincdp 4 15315; and 3)finding No. 3 is not applicable to the project since the project site is not located between the sea or other body of water and the nearest public road. Environmental Review: This project has been found to be categorically exempt from enviromnental review pursuant to Sections 15301(1)(1), 15303(a) & 15315 of the California Environmental Quality Act (CEQA) Guidelines, which categorically exempt the demolition of single family residences and duplexes, the constriction of up to three new single-family residences in urbanized areas and the division of property in urbanized areas zoned for residential. This approval is subject to the following conditions: SCI SPECIFIC CONDITIONS: SC4 Approval of the Tentative Parcel Map and all associated permits will expire on December 12, 2007 at 5:00 pin, two years after the approval of this project, unless the conditions have been met or an extension of time has been approved pursuant to the Municipal Code. SCA This project is conditionally approved as set forth on the application materials dated received by the City on March 21, 2005; Tentative Parcel Map plat and Conceptual Grading Plan consisting of one sheet dated received by the City on October 12, 2005; project drawings dated received by the City on December 1, 2005, consisting of 11 sheets, including Site Plan, Floor Plans, Elevations, and Roof Plans; all designated as approved by the Planning & Building Director on December 12, 2005. Approved plans shall not be altered without the express authorization of the Planning& Building Department. SCB The developer shall dedicate additional right-of-way along the property frontage to Binmingham Drive as necessary for a centerline to property line right-of-way width of 35 feet. The existing wall in the right-of-way shall be removed and relocated entirely on the private property. SCC No encroachment into the public right-of-way will be allowed. The existing slopes within the public right-of-way shall be graded out of the right-of-way and the retaining walls shall be relocated on the private property. SCD The developer shall provide standard curb, gutter, curb return, and sidewalk along the property frontage to Mackinnon Avenue. The developer shall provide pavement widening to a minimum of 24' and overlay as necessary to the satisfaction of the City Engineer. SCE The developer shall provide a pedestrian ramp at the corner of Birmingham and MacKinnon. SCF The developer shall provide a horizontal curve at the angle point in the proposed curb, gutter, and sidewalk along the property frontage of Parcel 2 to MacKinnon Avenue. SCG The developer shall repair/ replace the damaged sidewalk along the property frontage to Birmingham Drive to the satisfaction of the City Engineer. SCH Prior to issuance of building permits, the applicant shall revise the right and left elevations of the proposed unit on Lot 2 to reflect the height of the proposed structure to comply with the maximum allowable height of 22 feet to be measured from the lower of natural or finished grade. PBD/RS/G:\Nod\05-054tpmcdp 5 SCI The subject property is currently being served by two I" water meters and one 5/8" water meter. Upon development, each parcel shall be individually metered. The owner may downsize the existing 1" meters and apply capacity credit toward the installation of new meters. This must be done prior to the sale of any lot. All meters that will receive capacity credit must be paid for and installed at one time. Prior to recordation of the parcel map, the owner shall provide the San Dieguito Water District with a written statement indicating which existing meter will remain with the lot. SCJ The San Dieguito Water District will require that water meters shall be located in front of the parcel they are serving and outside of any existing or proposed travel way. Cost of relocation is the responsibility of the developer. SCK The developer shall show all existing and proposed water facilities on improvement or grading plans for District Approval. SCL The developer shall comply with the District's fees, charges, rules and regulations. G1 STANDARD CONDITIONS: CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): Ml This approval may be appealed to the City.Council within 10 calendar days from the date of this approval pursuant to Chapter 1.12 of the Municipal Code. G4 Prior to recordation of the final parcel map, the owner shall cause a covenant regarding real property to be recorded. Said covenant shall set forth the terms and conditions of this grant of approval and shall be of a form and content satisfactory to the Planning and Building Director. The Owner(sy agree, in acceptance of the conditions of this approval, to waive any claims of liability against the City and agrees to indemnify, hold harmless and defend the City and City's employees relative to the action to approve the project. G5 Approval of this request shall not waive compliance with any sections of the Municipal Code and all other applicable City regulations in effect at the time of Building Permit issuance unless specifically waived herein. G7 Prior to issuing a final inspection on framing, the applicant shall provide a survey from a licensed surveyor or a registered civil engineer. verifying that the building height is in compliance with the approved plans. G10 All retaining and other freestanding walls, fences, and enclosures shall be architecturally designed in a manner similar to, and consistent with, the primary structures (e.g. stucco- coated masonry, split-face block or slump stone). These items shall be approved by the Planning and Building Department prior to the issuance of building and/or grading permits. G12 Prior to any use of the project site pursuant to this permit, all conditions of approval contained herein shall be completed or secured to the satisfaction of the Plairung and Building Department. G 13 The applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School PBD/RS/G:\Nod\05-054tpmcdp 6 c Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to building permit issuance to the satisfaction of the Planning and Building and Engineering Services Departments. The applicant is advised to contact the Planning and Building Department regarding Park Mitigation Fees, the Engineering Services Department regarding Flood Control and Traffic Fees, applicable School Districts) regarding School Fees, the Fire Department regarding Fire Mitigation/Cost Recovery Fees, and the applicable Utility Departments or Districts regarding Water and/or Sewer Fees. G 19 Garages enclosing required parking spaces shall be kept available and usable for the parking of owner/tenant vehicles at all times. M2 All project grading shall conform with the approved Tentative Map or Tentative Parcel Map. In cases where no grading is proposed at the time of the Tentative Map/Tentative Parcel Map, or in cases where the grading plan later submitted is not consistent with the approved Tentative Map/Tentative Parcel Map, the applicant shall be required to obtain a design review pen-nit for grading prior to issuance of grading permits. B1 BUILDING CONDITION(S): CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): B2R The applicant shall submit a complete set of construction plans to the Building Division for plancheck processing. The submittal shall include a Soils/Geotechnical Report; structural calculations, and State Energy compliance documentation (Title 24). Construction plans shall include a site plan, a foundation plan, floor and roof framing plans, floor plan(s), section details, exterior elevations, and materials specifications. Submitted plans must show compliance with the latest adopted editions of the California Building Code (The Uniform Building Code with California Amendments, the California Mechanical, Electrical and Plumbing Codes). These comments are preliminary only. A comprehensive plancheck will be completed prior to permit issuance and additional technical code requirements may be identified and changes to the originally submitted plans may be required. F1 FIRE CONDITIONS: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): F13 ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow them to be clearly visible from the street fronting the structure. The numbers shall contrast with their background, and shall be no less in height than: Four inches (4") for single family homes and duplexes; Eight inches (8") for commercial and multi-family residential buildings; and Twelve inches (12") for industrial buildings. F15A AUTOMATIC FIRE SPRINKLER SYSTEM - SINGLE-FAMILY DWELLINGS AND DUPLEXES: Strictures shall be protected by an automatic fire sprinkler system designed and installed to the satisfaction of the Fire Department. Plans for the automatic fire sprinkler system shall be approved by the Fire Department prior to issuance of building pen-nit(s). PBD/RS/G:'vNod',.05-054tpmcdp 7 F18 CLASS "A" ROOF: All strictures shall be provided with a Class "A" roof assembly to the satisfaction of the Encinitas Fire Department. El ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): E2 All City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall apply. EG1 Grading Conditions E G 3 The owner shall obtain a grading permit prior to the commencement of any clearing or grading of the site. EG4 The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the Engineering. Services Director and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. EG5 No grading shall occur outside the limits. of the project unless a letter of permission is obtained from the owners of the affected properties. EG6 A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. EG7 All newly created slopes.'within this project shall be no steeper than 2:1. EG8 A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work. Such report shall be submitted and approved at first submittal of grading plan. EG9 Prior to hauling dirt or construction materials to any proposed construction site within this project the owner shall submit to and receive approval from the Engineering Services Director for the proposed haul route. The owner shall comply with all conditions and requirements the Engineering Services Director may impose with regards to the hauling operation. EG10 In accordance with Section 23.24.3)70 (A) of the Municipal Code, no grading permit shall be issued for work occurring between October 1st of any year and April 15th of the following year, unless the plans for such work include details of protective measures, including desilting basins or other temporary drainage or control measures, or both, as may be deemed necessary by the field inspector to protect the adjoining public and private property from damage by erosion, flooding, or the deposition of mud or debris which may originate fi-om the site or result from such grading operations. PBD/RS/G:\Nod\05-054tpmcdp g ED1 Drainage Conditions ED2A An erosion control system shall be designed and installed onsite during all construction activity. The system shall prevent discharge of sediment and all other pollutants onto adjacent streets and into the stone drain system. The City of Encinitas Best Management Practice Manual shall be employed to determine appropriate stone water pollution control practices during constriction. ED3 A drainage system capable of handling and disposing of all surface water originating within the project site, and all surface waters that may flow onto the project site from adjacent lands, shall be required. Said drainage system shall include any easements and structures required by the Engineering Services Director to properly handle the drainage. ED5 The owner shall pay the current local drainage area fee prior to issuance of the building permit for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Encinitas Standards as required by the Engineering Services Director. ES 1 Street Conditions ES3 The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the site development plan. The offer shall be made by execution of a grant deed prior to issuance of any building pen-nit for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. ES4 Reciprocal access and/or maintenance agreements .shall be provided ensuring access to all parcels over private roads, drives or parking areas and maintenance thereof to the satisfaction of the Engineering Services Director. ES5 Prior to any work being performed in the public right-of-way, a right-of-way construction permit shall be obtained from the Engineering Services Director and appropriate fees paid, in addition to any other permits required. ES6 In accordance with Chapter 23.36 of the Municipal Code, the owner shall execute and record a covenant with the County Recorder agreeing not to oppose the formation of an assessment district to fiind the installation of right-of-way improvements. EU1 Utilities EU2 The owner shall comply with all the rules, regulations, and design requirements of the respective utility agencies regarding services to the project. EU3 The owner shall be responsible for coordination with S.D.G. & E., SBC/Pacific Bell, and other applicable authorities. EU4 All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. PBD/RS/G:\Nod\05-054tpmcdp 9 ESW1 Storm Water Pollution Control Conditions ESW3 Best Management Practice shall be utilized for storm water pollution control to the satisfaction of the City Engineer. The surface nm off shall be directed over grass and landscaped areas prior to collection and discharge onto the street and/or into the public storm drain system. If pipes are used for area drainage, inlets shall be located to allow maximum flow distance over grass and non-erodable landscape areas. A grass lined ditch, reinforced with erosion control blanket, or a rip-rap lined drainage ditch shall be used instead of a concrete ditch where feasible. Hardscaped areas and driveways shall be sloped toward grassy and landscaped areas. Driveways with a grass- or gravel-lined swale in the middle can be used if the site topography does not allow for the discharge of driveway nmoff over landscaped areas. The Grading Plan shall identify all landscape areas designed for storm water pollution control (SWPC). A note shall be placed on the plans indicating that the modification or removal of the SWPC facilities without a permit from the City is prohibited. ESW9 For storm water pollution control purposes, all ninoff from all roof drains shall discharge onto grass and landscape areas prior to collection and discharge onto the street and/or into the public storm drain system. Grass and landscape areas designated for storm water pollution control shall not be modified without a permit from the City. A note to this effect shall be placed on the Grading plan. EMI Map EM3 This project is approved specifically as 1 (single)phase. EM5 Public/private improvement plans and grading plans shall be approved and adequate surety shall be posted prior to a public hearing for approval of the final map. This notice constitutes a decision of the Planning and Building Department only. Additional permits, including Building Permits, may be required by the Building Department or other City Departments. It is the property owner's responsibility to obtain all necessary permits required for the type of project. proposed. In accordance with the provisions of Municipal Code Section 1.12, this decision may be appealed to the City Council within ten (10) calendar days of the date of this determination. The appeal must be filed, accompanied by the appropriate filing fee, prior to 5:00 p.m. on the 10`x' calendar day following the date of this notice of decision. The action of the Planning and Building Department in reference . to the above item may not be appealed to the California Coastal Commission. If you have any questions regarding this determination, please contact Roy Sapau at the Planning and Building Department by telephoning (760) 633-2734. Patrick Murphy! Planning and Building Department Director PBD/RS/G:\Nod\05-054tpmcdp 10 THE ORIGINAL OF THIS DOCUMENT When Recorded, Mail To: WAS RECORDED ON MAY 25 2006 DOCUMENT NUMBER 2006-0370707 GREGORY J SMITH COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME 12 00 PM STATE OF CALIFORNIA ) )SS: COUNTY OF SAN DIEGO ) I, Dan McAllister, certify that I am the duly qualified and elected Treasurer-Tax Collector of the County of San Diego, State of California; that I have examined the records of my office as to delinquent taxes and assessments collected by the County of San Diego on the property in the subdivision or parcel map known as: CITY OF T.P.M. 05-054 A final map of which subdivision or parcel map is about to be filed with the appropriate legislative body in the County of San Diego for approval; and I hereby certify that at the date hereof there are NO liens against said subdivision or parcel map, or any part thereof for unpaid State, County, Municipal or local taxes and special assessments for the fiscal year 2005-2006. 1 further certify that there are against the parcel or parcels of real property within which the subdivision or parcel map is situated liens for State, County and local taxes and special assessments collected as taxes which are a lien but which are not yet payable and which I estimate as follows: State, County, School and Special District Taxes $0.00 Include City of ENCINITAS IN WITNESS WHEREOF, I have hereunto set my hands this 25th day of MAY, 2006. Certificate No. 06-353 DAN cALLISTER TREAS -TAX COLLECTO By: THIS CERTIFICATE VOID AFTER: lI De SEPTEMBER 20, 2006 \ 41 Parcel No: 260-316-01-00 Subject of Government Code 260-316-07-00 Section 66493 Tax Surety/Bond Required: Yes ❑ No This certificate must be filed with the County Recorder and a conformed copy delivered to the appropriate legislative body in the County of San Diego. DT-21-22 Revised 12/01/SubDivParMaps Recording Requested by: ug/ Engineer n/a oocuwsm7 Om MAY 2a2utu When Recorded .,,~.. ." u .w c)a'��o|�«� City Clerk nVs City of Encinitas 505 S. Vulcan Avenue COVENANT REGARDING REAL PROPERTY: PRIVATE IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. Phase I /\SSe88Dr's Parcel NO. 260-316-12 Project NO.. TPM 05-054 v«.iJ.NO.: 54-G A. P.S. INVESTOR,LLC, A CALI -ORNIA LIMITED LIABILITY COMPANY A LIST, DATED JUNE 8 2001 AS TO AN UNDIVIDED 5.556% INTEREST- JDA MACKINNON LLC A CALIFORNIA LIMITED LIABILITY C )MPANY, AS TO AN UNDIVIDED 43.611 INVESTMEN FS, LL % INTEREST AND JDSK (SUBDIVIDER" hereinafter) is the owner ofreal property which is commonly known (''PR(�PE��TY" henainoftoh and vvhioh /nd'sohbedoafoUovva: as Sae Exhibit attached hereto and made a part hereof. B. The tentative subdivision of the PROPERTY was approved with the final approval""bieotoo certain conditions requiring the construction of private improvements by auuD|y/JEF . SU[ C/V|OEF has applied for final approval of the subdivision but has not constructed the required private / npn]v8nento In consideration o f the final oPP»D«a/ of the ouUdj«iajon of the PROPERTY by the C/b/ of Encinitas ("CITY" hereinafter), SUBDIVIDER herabY covenants and agrees for the benefit ofCITY, to do the following: See Exhibit B which is attached hereto and mode a part hereof. C. This Covenant shall run with the land and be bin di di benefit of the future owners, encumbrances, auomaosora he/ »Q upon and inure �o the transferees and assigns oythe respective parties. ' rs' personal representatives, Covenant D. � ara 8U��D/V|[�E/� agrees that 8UBC}|V/DER's duties and obligations under this add to w/u property tax upon/the tPF�(�PERTY. Upon notice and opportunity vbz respond, nnoy by way ofthis'Coy --' ~^ of '= PROPERTY any Pant due financial obligation owing' -' ' '|TY 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 SUBDIVIDER to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. G. Upon SUBDIVIDER's satisfactory completion of SUBDIVIDER's duties and obligations contained herein, SUBDIVIDER may request and CITY shall execute a Satisfaction of Covenant. H. By action of the City Council, CITY may assign to a person or persons impacted by the performance of this Covenant, the right to enforce this Covenant against SUBDIVIDER. ACCEPTED AND AGREED: SUBDIVIDER/ OWNER slt7o4 P-fiJwl: c�-4- C �.� `be,��.1& Dated POD �r P3 Zi V,% �,,,, �r J � Tnv�.s�-/►�a„�3 (..1.0 Dated v (Notarization of OWNER sig#is ed�M� (� CITY OF ENCINITAS By Dated PETER COTA-ROBLES Director of Engineering Services (Notarization not required) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Ca' rnia County of ss. ' On before me, ate I pea ame and Title o/brr' (.g.,°Jane otary Public-) c Name(s)of Signer(s) r I 41Personally known to me L(proved to me on the basis of satisfactory vfdence to be the person whose name( 46 subscribed to the within instrument tand OFFICIAL SEAL acknowledged to me that he#-*wAkey executed L. MONTES NOTARY PUBLIC-CALIFORNIA c the same in his/her authorized ) COMM.NO. 1482968 - capacit0es} and that by his/herkheir SAN DIEGO COUNTY signature on the instrument the person(o,, or MY COMM..FxP.APRIL)3.2008 the entity upon behalf of which the person(j) acted, executed the instrument. WITNES m hanY and official seal. i Signat a otary u ' ( 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. Description of Attached Document ment Title or Type of Docume Document Date: Number of Pages: i Signer(s)Other Than d Above: f. i Capacity(ies) Claimed by Signer Signer's Name: I ' 11 Individual � ❑ Corporate Officer - Title(s): Top of thumb here ❑ Partner-❑ Limited ❑ eral ❑ Attorney-in-Fact �. ❑ Trustee El Guard' r Conservator ❑ er. Signer Is Representing: r, ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www riationalnota or J ry 9 Prod.No 5907 Reorder Call Toll-Free 1-800-876-6827 ............................................ ...........................................................� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego } ss . On/I� �$ before me, Randa G. Milljour Notary Publin appear—e P—e�Cota-Robl es, personally known to me to be the person pwhose ll name ' . subscribed to the within instrument and acknowledged to me that he executed the sam a In his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Randa G. Millj r t RANDA G. MILLJOURj Commission#1389205< Notary Public-Cslifomia� San MW County Place Notary Seal Above : OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the docu- ment 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: Ca acit p y(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s) RIGHT THUMBPRINT OF SIGNER ❑ Partner—❑ Limited ❑ General : ❑Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ' ❑Other: Signer is Representing: ...................................................................................................... ATTACHMENT A TO COVENANT REGARDING REAL PROPERTY: PRIVATE IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. PROJECT NO. TPM 05-054 PROPERTY DESCRIPTION THAT PORTION OF LOT"A"IN BLOCK 1 OF CARDIFF ACRES,IN THE CITY OF ENCINTTAS,COUNTY OF SAN DIEGO,STATE OF CAIHO OFFICIAL MAP IMMEOF NO. 1690,FILED IN THE �'ACCORDING TO OF THE SAN DIEGO COUNTY RECORDED ON DECEMBER 8, 1915.- TOGETHER R Wn'H THAT PORTION OF LOT l IN BLACK 43 OF CARDIFF"A" IN THE CITY OF ENCINITAS,COUNTY OF SAN DIEGO,STATE OF CAL1F0 TOO L MAP THEREOF NO. 1334,FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDED ON MAY 12, 1911. r ALSO TOGETHER WTIH THAT PORTION OF BD211IIIVV A RESOLUTION OF THE BOARD OF SUPERVISORS OF SCAN DIEGO COUNTY, S VACATED By RECORDED ON DECEMBER 2, 1985 AS FILE NO.85-452277 OF OFFICIAL RECOIL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ' BEGINNING AT THE NORTHWEST CORNER OF LOT I OF SAID MAP NO. , THENCE ALONG THE NORT[WASTERLy RIGI�i'OF WAY OF MAC A 1334 AS DEPICTED ON SAID MAP NO. 1334,SOUTH 30 004'12"EAST, 18.20 FEET;ONCE I,El1V1NG ID F WAY OF MACRON AVENW NORTH 59°55SA'48NOR Y RKI f-O "EAST', 100 Ap FEET;THENCE SOiTIH 89°09 58 THENCE NORTH 59°55'48"EAST,20.97 FEET TO A PONT V "FAST, 13.6363 FEET; OF LOT 5 OF MAP NO. 11485,RECORDED ON APRIL 11, 1986;�Y ID WESTERLY LINE OF LOT 5,NORTH 00'50'02"EAST,6.61 FEET; LE AVIIVG SAID WESTERLY LAVE OF LOT 5,NORTH 89°09'58"WEST,5133 NORTH 00°50'02"EAST,95.42 FEET;TO A POINT ALONG THE NO TIIENNCE RTHERLY BOUNDARY OF SAID PORTION OF VACATED BIRIMMMIAM ALONG SAID NORTHERLY BOUNDARY OF SAID POISON OF VACATED � PORTION A VA NORTH 82*3542"WEST,6.65 Fes;T��AVM SAID WAY OF OF VA BIRMINGHAM DRIVE ALONG THE SOUTHERLY RIGHT-Op. GRAM DRIVE AS DESCRIBED IN SAID DOCUMENT RECORDED ON DECEMBER 2, 1985 AS FILE NO.85-452277 OF OFFICIAL RECORDS THE FOLLOWING (4)COURSES: 1) SOUTH 63°52'00 WEST,25.04 FEET 2) SOUTH 73020'13"WEST 23.25 FEET 3) SOUTH 77°48'08"WEST,23.51 FEET 4) SOUTH 6x42'48"WEST,23.41 FEET TO A POINT ON THE OF WAY OF SAID MACKINNON AVENUE; EASTERLY RIGHT THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LAVE OF MACKIIVNON A SOUTH 01*2241"WEB,81.72 FEET;THENCE ALONG THE NORTHEASTERLY OF-WAY OF SAID MACKINNON AVENUE, SOUTH 30004'12" Y To TI POINT OF BEGINNING. EAST,40.94 FEET TO THE ATTACHMENT B TO COVENANT REGARDING REAL PROPERTY: PRIVATE IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. PROJECT NO. TPM 05-054 SUBDIVIDER'S DUTIES AND OBLIGATIONS Name of SUBDIVIDER: John DeWald Tract or Parcel Map Number:TPM 05-054 Name of subdivision: TPM 05-054 Resolution of Approval Number: POD 2005-99 Adopted: December 12 2005 Estimated total cost of improvements: $ 1.0 IMPROVEMENTS REQUIRED 1.1 SUBDIVIDER agrees at SUBDIVIDER's own cost and expense to furnish all the labor, equipment and materials to perform and complete, in accordance with the plans and specifications and to the satisfaction and approval of the City Engineer, all of the private improvements referred to below: Grading plan and Improvement drawings no. 54-G sheets 1 through 4 prepared by Pasco Engineering as approved by the City Engineer together with any subsequent amendments approved in writing by the City Engineer; on file with CITY in City Engineer's office and incorporated herein as though fully set forth at length. 1.2 Further, SUBDIVIDER agrees to perform the following Conditions: All improvements, conditions and work pursuant to Conditions of Approval for TPM 05-054 2.0 PROGRESS OF WORK 2.1 Time is of the essence with this Covenant. SUBDIVIDER shall commence substantial construction of the private improvements required by this Covenant no later than one year form the date of approval by the City Engineer and shall complete the private improvements no later than two years and three months from the date of said approval. In the event good cause exists, as determined by the City Engineer, the time for commencement of construction or completion of the private improvements hereunder may be extended. Any such extension may be granted without notice to SUBDIVIDER's Surety or Sureties, if any, and shall in no way affect the validity of this Covenant or release the Surety or Sureties on any security given f or the faithful performance of this Covenant. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. As a condition of such extensions, the City Engineer may require SUBDIVIDER to furnish new security guaranteeing performance of this Covenant, as extended, in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. 2.2 If any of the private improvements are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced prior to SUBDIVIDER demonstrating to CITY that SUBDIVIDER has acquired the appropriate property interests. 2.3 SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all necessary permits and licenses for the construction of the private improvements and give all necessary notices and pay all fees and taxes required by law. 2.4 SUBDIVIDER shall notify the City Engineer in writing at least 15 days prior to the commencement of work hereunder. No construction work shall begin until authorized by CITY. 2.5 SUBDIVIDER shall not be entitled to obtain occupancy permits for the buildings constructed on any lot created by the subdivision until all required improvements have been Provided to the satisfaction of the City Engineer. 2.6 SUBDIVIDER shall at all times maintain safe construction facilities, and provide safe access, for inspection CITY, to all parts of the work and to the shops wherein the work k is m 2.7 SUBDIVIDER shall give good and adequate warning to the public to each and every existing danger relating to the construction of the private improvements, and shall rotect the public from such dangers. p 3.0 INSPECTION/APPROVAL OF IMPROVEMENTS 3.1 The City Engineer or his duly authorized representative, upon request of SUBDIVIDER, shall inspect, at SUBDIVIDER's expense the private improvements herein agreed to be constructed and installed by SUBDIVIDER. If determined to be in accordance with applicable CITY standards and the other terms of this Covenant, the City Engineer shall approve the improvements. 3.2 SUBDIVIDER agrees to pay for each inspection of the improvements required b the City Engineer. q y 3.3 Approval of the private improvements by CITY, shall not constitute a waiver b CITY of any defects in the improvements. y 3.4 Until such time as the private improvements required by this Covenant are full completed by SUBDIVIDER and a y approved by the City Engineer. SUBDIVIDER will be responsible for the care, maintenance, repair and replacement of such private improvements. 4.0 HOLD HARMLESS 4.1 SUBDIVIDER 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 SUBDIVIDER or SUBDIVIDER's agents, employees, subcontractors, officials, officers or representatives. Upon demand. SUBDIVIDER shall, at its own expense, defend CITY and CITY's officers, officials, employees and agents, from and against any and all such liabiliti claims, demands, causes of action, losses, damages and costs. es, 4.2 SUBDIVIDER's obligation herein includes, but is not limited to, alleged defects in the plans, specifications and design of the private 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 SUBDIVIDER's proposed plans, specifications or design so long as such change is objected to, in writing, by SUBDIVIDER, and the writing is filed with the City Engineer more than ten days prior to the commencement of work. 4.3 SUBDIVIDER's obligation herein includes, but is not limited to, alleged defects in the construction of the private improvements; alleged defects in the materials furnished in the construction of the private improvements; alleged injury to persons or property; alleged inverse condemnation of property or a consequence of the design, construction, or maintenance of the work or the private improvements; and any accident, loss or damage to the work or the private improvements prior to the approval of the construction of the private improvements by CITY. 4.4 By approving the improvement plans, specifications and design or by inspecting or approving the private 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 SUBDIVIDER who shall remain obligated in the same degree to indemnify and hold CITY and CITY's officers, officials, employees and agents, harmless as provided above. 4.5 SUBDIVIDER's obligation herein does not extend to.liabilities, claims, demands and 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. g 5.0 INSURANCE 5.1 SUBDIVIDER shall obtain and maintain a policy of motor vehicle liability, public liability, general liability and property damage insurance from an insurance company approved by CITY and authorized to do business in the State of California, in an insurable amount d less than one million dollars ($1,000,000.00) for each occurrence. The insurance t of not Provide that the policy shall remain in force during the life of this COVENANT a policy shall cancelled, terminated, or allowed to expire without thirty- (30) days prior writ and shall not be P ten notice to CITY from the insurance company. 5.2 CITY shall be named as an additional insured on SUBDIVIDER's policies. 5.3 SUBDIVIDER shall furnish certificates of said insurance to CITY prior to commencement of work under this AGREEMENT. 6.0 REPAIR MAINTENANCE AND REPLACEMENT As a condition on the approval by CITY of the satisfactory construction of the private improvements, SUBDIVIDER shall prepare, have executed. and record a covenant, in a form satisfactory to CITY, whereby property owners who will be served by the private improvements will be obligated to provide for the repair, maintenance and replacement of the private improvements and to indemnify and hold CITY and CITY's officers, officials, employees and agents, harmless. 7.0 NOTICES 7.1 Any notices to be given under this COVENANT, or otherwise, shall be served by certified mail. 7.2 For the purposes hereof, unless otherwise provided in writing by the parties hereto, the address of CITY and the proper person to receive any such notice on its behalf is: City Engineer City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 And the address of SUBDIVIDER and the proper person to receive any such notice on Its behalf is: John DeWald 18/55 Freda Lane Encinitas, CA. 92024 8.0 SUBDIVIDER's CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986 SUBDIVIDER certifies that SUBDIVIDER is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC SS 1101-1525) and will comply with these requirements, including but not limited to verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in, satisfy the duties and obligations contained herein. 9.0 GENERAL PROVISIONS 9.1 Neither SUBDIVIDER nor any of SUBDIVIDER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER's duties and obligations under this Covenant. 9.2 Sale or other disposition of the PROPERTY will not relieve SUBDIVIDER from the duties and obligations set forth herein. 9.3 SUBDIVIDER shall provide the improvements as an independent contractor and in pursuit of SUBDIVIDER's independent calling, and not as an employee of CITY. SUBDIVIDER shall not be under control of CITY except as to the result to be accomplished. SUBDIVIDER may confer with CITY as required to perform this Covenant. 9.4 No verbal agreement or conversation with any officer, official, agent or employee of CITY, either before, during or after the execution of this Covenant, shall effect or modify any of the terms or obligations herein contained. Recording Requested By: City of Encinitas N i lb When ) rJ: �, f r ;, tg4a Recorded Mail To: City Clerk City of Encinitas 505 South Vulcan Avenue 46 Encinitas, CA 92024 COVENANT REGARDING REAL PROPERTY: HOLD CITY HARMLESS FOR GRADING/DRAINAGE Assessor's Parcel No._�60-316-12 Project No.:1015-0504-T±PM/CDP A. P.S. INVESTOR LLC A CALIFORNIA LIMITED LIABILITY COMPANY TO AN UNDIVIDED 8.333 % INTEREST" EDWARD D. BETZ, AS TRUSTEE OF THE 2001 EDWARD DANIEL BETZ REVOCABLE TRUST DATED JUNE 8, 2001 AS TO AN UNDIVIDED 5.5,56%, INTER-EST• JDA MACKINNON CALIFORNIA LIMITED LIABILITY LLC, A '- )COMPANY AS TO AN ------------- INTEREST AND JDSK INVESTMENTS LLC A CALIFORNIA 43 611 ox COMPANY AS, TO A UNDIVIDED 42.50%, ALL A JA L ITED LIABILITY TENANTS-IN-COMMON ("OWNER" hereinafter) is the owner of real property which is commonly known as MacKinnon ("PROPERTY" hereinafter) and which is described as follows: See Attachment A which is attached hereto and made a part hereof. B. In consideration of 05-054-TPM/CDP 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. Waivar ni-27A C. This Covenant shall run with the land and be binding upon and inure to the be future owners, encumbrancers, successors, heirs, benefit of the personal representatives, transferees and assigns of the respective parties. D. OWNER agrees that OWNER's duties and obligations under this Covenant are lien upon the PROPERTY. Upon notice and opportunity to respond, CITY may add t a property tax bill of the PROPERTY an y o the y 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: OWNER Dated Pe't 13'r' P5vc.S�YJ3t C1.0 (Notarization of OWNER signature is attached.) CITY OF ENCINITAS Dated 14100 by (Notarization not required) Peter Cota-Robles Director of Engineering Services Waiiar n4-77R ............................... . .......................... CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego } ss On 200(o , before me, Banda G. Mill'our Nota Public personally appeared Peter Cota-Robles I ry > P sonally , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed his authorized capacity, and that by his signature on the instrument the ero the same in p ° entity upon behalf of which the person acted, executed the instrument. n° or the . WITNESS my hand and official seal. Banda G. MillibOr .. RANDA G.AILLJOURl Commission`*1389205< : Notary N*k.California San Iipo County Place Notary Seal Above ion Eup,Jan,S.2007 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the d ocu- ment and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer ` Signer's Name: ❑ Individual RIGHT THUMBPRINT ❑ Corporate Officer—Title(s) OF SIGNER o Partner—o Limited ❑ General ❑Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑Other. Signer is Representing: i.................................................:....................•••............................ ATTACHMENT A TO COVENANT REGARDING REAL PROPERTY: HOLD CITY HARMLESS FOR GRADING/DRAINAGE PROJECT NO. 05-054-TPM/CDP APN 260-312-12 PROPERTY DESCRIPTION THAT PORTION OF LOT"A»IN BLOCK 1 OF ENCINITAS,COUNTY OF SAN D CARDIFF ACRES;IN THE CITY OF OFFICIAL MAP THEREOF No. 16g�STATE OF CALIFORNIA,ACCORDING TO COUNTY RECORDED ON D 'R'ID 15.THE 0""OF THE SAN DIEGO �EMBE1i 8, 1915. TOGETHER WITH THAT PORTION OF LOT 1 IN CPIY OF ENCINITAS,COUNTY OF SAN D STATE BLOCK 43 OF CARDIFF"A",IN THE CO TO MlCIAL MAP�Y O. 1334,FILED �0�ACCORDING l 12, 1911. SAN DIEGO ,, ALSO RESOLUTION WITH THAT PORTION OF BIRMWGRAM DRIVE BED MEJ)ON D T BOARD OF SUPERy1SORS OF SAN DIEGO COUNTY, VACATED BY ER� 1985 AS FILE NO.85-452277 OF OFFICIAL ORE PARTICULARLY DEED AS FOLLOWS: RECORDS, BEGEYNING AT THE NORTHWEST CORNER T MNCE ALONG ThE N�TEIEASTEjjjj R OF LOT�1 OF SAID MAP NO. 1334, AS DEPICTED pN SAID 1NAP NO 1334 -0F WAY OF MAC A LEAVING SAID NORTHEASTIjtLY UTH 30°04'12"EAST,19.20 FEET NORTH 5955 48 R OW-OF WAY OF MACRTIINON A T sNCE NORTH 59°55 4800.00 Fes'TTWCE SOUTH 8 '58" OF LOT 5 OF MAP No, 11485 ,20.97 FEET TO A POINT ON EAST, FEET; �Y LINE OF ,RECORDED ON APRIL 11, 1 qft SAID WESTERLY LOT 5'NORTH 00°50'02"FAT,6.61 TT1I��NG SAID NORTH 00°50'02°AS 95 4 5'NORTH g9�pg�58�►�r 3 LEAVING BOUNDARY OF SAID pO�yONOFOF ACAS ALONG TILE N CE � ALONG 1GH�AMNDR 7M Y BOUNDARY OF DID ;THWCE RTH 82°3542" SAID PORTION OF VACATED PORTION OF VACATED BIRMINGHAM DRM T,6.65 FF.E'1;T}�TCE I.EgylNQ, WAY OF BIRMIN(IDAM DRIVE AS DE ��SOITIII WLY RL�r-OF (4)�� 1985 AS FILE NO.85-452277 OF OFFICrgL,��RECORDED ON THE FOUAMING 1) SOUTH 63 052'00 WEST,25 TH .04 FEET 2) SOU 73"20'13"W Sri 2325 FEDI' 3) SOUTH 7P48'Og"WESr,23.5I FEET 4) SOUTH 68°4248"WEST,23.41 FEET TO A POINT ON OF-WAY OF SAID MACKINON A THE EASTERLY RIGHT= THENCE ALONG SAID EASTERLY SOUTH 01M2 41 RIGHT-OF-WAY ENE OF MACKINNON OF OF SAID 1C FEET;7�NCE ALONG THE NO AVED POINT OF BEGE"MG. A SOITIH 30004,12-EAST,40.94 FEE'!'TO THE ATTACHMENT B TO COVENANT REGARDING REAL PROPERTY: HOLD CITY HARMLESS FOR GRADING/DRAINAGE PROJECT NO. 05-054-TPM/CDP OWNER'S DUTIES AND OBLIGATIONS • For claims that are alleged to have arisen, directly or indirectly, from any grading or drainage runoff 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. g 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. 9 1542 reads as follows: 1542. Certain claims not affected b 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. 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, employees, subcontractors, officials, officers or representatives. Upon demand, OWNER shall, at its own expense, defend CITY and CITY's officers, official 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 Llai var n4-27R demands, causes of action, losses, damages or costs that arise out of a defect in the la ns, 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, 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. Amon 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 b CITY. Y 5. This Covenant does not Preclude OWNER taking emergency, protective measures as approved by CITY. Waiver ni-77R CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1. State of California n Count of ��/ �—� ss. ?_ Y a On YI Datte 0�� before me, J0 Q A, W, 'Ira �T Cpersonally appeared 0 h \ 1 Name and Title of Officer(e.g.,"Jane Doe,Notary Public") d Name(s)of Sig ------------- nel(s, ❑personally known to meS proved to me on the basis of satisfactory < evidence n Dr,Ut✓S C ��>) I to be the person(g whose name( is/ace. I ` •• '• OFFICIAL SEAL subscribed to the within instrument and JOYE DAWN CATO acknowledged to me that he/s4e�executed ' • m' . NOTARY PUBLIC CALIFORNIA the same in hisme authorized COMM.NO. 1460695 capacity(4ee�, and that b �> SAN DIEGO COUNTY that on the instrument the person(a),son 1i 1 �,�� °�•..•• MY COMM.EXP.JAN.6,2008 J 1 the entity upon behalf of which the person(s) t� �s acted, executed the instrument. I, :7 r� TNESI y hand an official seal. Si ature of Notary Public •,S OPTIONAL ' .I Though the information below is not required b law,it may > Q y y prove valua6l o persons relying on the document and could prevent *� fraudulent removal and reattachment of s form to another document. L; r . Ir Description of Attac ocument Title or Type of Document: sr�{ Document Date: Number of Pages: 4 Signer(s)Other Than Name bove: fi Capacity(ies) C med by Signer f { t' Signer's Na ❑ Indiv' ual - � -_- ❑ Co orate Officer — Title(s): Top of thumb here t ❑ P ner—❑ Limited ❑General ? ❑ Attorney-in-Facts C` ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©7999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 www nahonalnota or m i ry 9 Prod.No 5907 Reorder:Call Toll Free 1-800.876.6827 Recording Requested By: City Planner THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON MAY 23,2006 DOCUMENT NUMBER 2006-0364245 When Recorded Mail To: ) GREGORY J. SMITH,COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE City Clerk TIME: 3:46 PM � City of Encinitas 505 South Vulcan Avenue Encinitas CA 92024 SPACE,-- COVENANT REGARDING REAL PROPERTY FUTURE PARK, TRAFFIC,AND FLOOD CONTROL FEES Assessor's Parcel Number:_260 3_ 1_ Project No. TPM/CDP 05-054 A P.S. INVESTOR LLC A CALIFORNL� TO AN U LIMITED LIABILITY COMPANY AS NDIVIDED 8.333 % INTEREST- EDWARD D. BETZ AS TRUSTEE OF THE 2001 EDWARD DANIEL BETZ REVOCABLE TRUST DATED JUNE 8 2001 AS TO AN UNDIVIDED 5.556% INTEREST- JDA MACKINNON LLC A CALIFORNIA LIMITED LIABILITY COMPANY AS TO AN INVESTMENTS LLC A PAT IFORNIA LlM TE,DDLIABILITY INpMRPEST AND JDSK UNDIVID ED 42.50% ALL ATENANTS-IN-COMMON "p ANY AS TO A of real property commonly known as TPM 05-054 ("PROPERTYW eEenafte)land which is leer described as follows: legally As Exhibit"A"which is attached hereto and made a part hereof. B. In consideration of Final Map approval for the above referenced project 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, assigns of the respective parties. successors, heirs, personal representatives, transferees and D. OWNER agrees that OWNER's duties and obligations under 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. 05-054 54-G&I Mckinnon Ave. , DeWald fees 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, includ attorney's fees, from the other party. ing reasonable F. Failure of the OWNER to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. G. Upon OWNER's satisfaction of OWNER's duties and obligations contained herein, OWNER may request and CITY shall execute a "Satisfaction of Covenant". H. By action of the City Council, CITY may assign to a person or persons impacted by the performance of this Covenant, the right to enforce this Covenant against OWNER. ACCEPTED AND AGREED: OWNS Dated G&j lUV' Svc`f 4ek L t Dated 4 G� P me and titl Pct Ar rin ame and title Dated ��'l�6 � J�� t��l �.,rr LLC Dated 4 Lig J b S�1a U�t Mcn (_ (Notarization of OWNER si ture ' ttached) I ATTACH NOTARY HERE CITY OF ENC A Dated O6 by (Notarization not required) Peter ota-Robles, City Engineer 05-054 054-G DeWald ......................... • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .............� State of California County of San Diego ss On Ma4z /g _�, before me, Randa G. Mill'our Notar P appeared Cota-Robles I y Public personally personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed his authorized capacity, and that by his signature on the instrument the person toe tame in entity upon behalf of which the person acted, executed the Instrument. he WITNESS my hand and official seal. Randa G. MiHj ur *- Son NQA G.,MILUOUW445sion 11389205< MY PWk-Gatifww C%QQ county Place Notary Seal Above Y COltNll EW Jan.q,ZoOZ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on th ment and could prevent fraudulent removal and reattachment of this form to another document, e docu- . 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 Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s) RIGHT THUMBPRINT ; ❑ Partner—❑ Limited ❑ General OF SIGNER ❑Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑Other: Signer is Representing: i ........................................................................................................ ATTACHMENT "A" TO - - COVENANT 05-054 TPM/CDP THAT PORTION OF LOT"A"IN BLOCK I OF CARDIFF ACRES,IN THE CITY OF ENCB111TAS,COUNTY OF SAN DIEGO,STATE OF CALIFORNIA, OFFICIAL MAP THEREOF NO. 1680,FII�IN THE OFFICE OF ACCORDING TO COUNTY RECORDED ON DECEMBER 8, 1915.- SAN DIEGO TOE WrM THAT PORTION OF LOT I IN BLOCK 43 OF CARDIFF A TO OF OFFIC1gL MA COUNTY OF SAN DIEGO,STATE OF J At IN THE COUNTY THEREOF NO. I334,FILED IN THE OFFICE OF THMSAN�ING RECORDED ON MAY 12, 1911. __r RESOLUIIO THE BOARD PORTION SUPERVISORS BMA `M DRIVE OF SAN O O VACATED BY RECORDED ON DE( � 1985 AS FILE NO.85-452277 OF OFFICIAL-RECORDS, BEING MORE PAP-TICM ARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT I OF SAID MAP THENCE ALONG THE NORT�ASTFRLY RXHT-OF WAY OF MA - 1334, AS DEPICTED?ON SAID MAP NO. 1334,SOiTIH VENUE LEAVING SAID NORTHEASIT;RI,Y RIGHT.pF 30*0"1"EAST'I8�TfMNCE NORTH 59°55'48"EAST 100.00 FED-T. 10N AVFI�TU THENCE NORTH 59055'48- SOUTH , 13.63 FEET'.TjHE EAST,20.97 FEET TO A POW �Y LiNE OF LOT 5 OF MAP NO. 11485,RECORDED ON APRIL 11, 19$6 ZA T>BtLY LII�IE OF LOT 5, 00-S0'02- ALONG SAID ID�Y LiIJE OF LOT S NORTH 89909E 5r 6.611•ELrP;T LEAVING NORTH 00'°50'02'°EAST,9S_42 FEET;TO A POINT'ALONG THE N FAT'THENCE BOUNDARY OF SAID PORTION OF VACATED � '1' ALONG SAID NORTHERLY BOUNDARY OF SAID PORTION OFVgCA�� PORTION OF VACATED NORTH 82.35'42"WEST,6.65 FIDr. LEAVING_ WAY PORTION BIRMINGHAM DRIVE ALONG RXWr-OF �42, 1985 AS FILE 2�10Np 95-452277� L RECORDED ON �: THE I) SOUTH 63 052'00 WEST,25.04 FELT' 2) SOUTH 73°20'23"WEST 23.25 F2 T 3) SOUTH 77°48'09"WEST,23.51 FEET 4) SOUTH 68°42'48-WEST,23.41 FEET TO A POST ON THE EASTERLY RKpOF WAY OF SAID MACKMON AVM, = nfENCE SOtTlTi OI�'1'4�S�EASTERLY Rf(ffff-OF�tWAY L�OF 1btA OF AY OF SAIDWMAO1A ' �'ONG THE NOR��LY POINT OF BEGINNING. �� 3�'12-EAST,40.94 FEEL'Tp THE 05-054 054-G DeWald ATTACHMENT "B" TO COVENANT REGARDING 05-054 TPM/CDP OWNER'S DUTIES AND OBLIGATIONS A. In accordance with Municipal Code Chapter 23.98 in effect at time of fees being paid,park fees for the development shall be paid prior to Final Occupancy approval. B. In accordance with the Municipal Code Chapter 23.94 in effect at time of fees being paid, traffic fees for the development shall be paid prior to Final Occupancy approval. C. In accordance with the Municipal Code Chapter 23.96 in effect at time of fees being paid, flood control fees shall be assessed and collected during the building permit processing prior to the construction of any impervious surfaces. 05-054 054-G DeWald CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �> County of ss. TS ;, On Yi / 0 before me, �� ('N Dale �T Name and Title of ONicer(e.g., Jane Doe,Notary Public^ vik Oj personally appeared O h y� f d Names)of Signer(s) •�) - ❑prsonally known to me proved to me on the basis of satisfactory l'1 evidence ) c � to be the person(g whose name( is/arm c ••"`�:'�. OFFICIAL SEAL subscribed to the within instrument and JOYE DAWN CATO acknowledged to me that he/ r' NOTARY PUBLIC-CALIFORNIA m the same in his executed i COMM.NO. 1460695 `' ca acit � authorized '• SAN DIEGO COUNTY _ p y(�r and that by his/#►er/ s; MY COMM.EXP.JAN.6,2008 signature(s)on the instrument the person(a) or <' the entity upon behalf of which the person(s) acted, executed the instrument. I r.. Q r. WITNESS my hand official seal. s Signature of Notary Public t' AJ OPTIONAL S' Though the information below is not required by law,it may s y prove valuable to persons relying on the docu ) c fraudulent removal and reattachment of this form to another document. t and could prevent Description o ached Document I Title or Type of Document: 1 Document Date: Number of Pages:. Signer(s)Other Than Named Above: Capacity(ies) Claimed by Si er Signer's Name: r ❑ Individual ❑ Corporate Officer Title(s): Top of thumb here r) ❑ Partner—❑ • ited ❑Generaljf ❑ Attorney-in- ct � ❑ Trustee ❑ Guardi or Conservator , ❑ Other* I ;. Signer Is Representing: t� ry� ©1999 National Not: Assoaahon• y= - u � •�T f`�-`'�' ,�'!)>1 rY 9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402-www.nationalrrota orb - ry 9 Prod.No.5907 Reorder:Call Tall-Free 1-800-8768827 Recording ' ' "' Requested by: MAY 23 20ub City Engineer N 2(06-0364'�4�, When Recorded Mail To: lij I City Clerk F,M_ 3 46 1 C City of Encinitas PM 505 South Vulcan Avenue Encinitas, CA 92024 SPA COVENANT REGARDING REAL PROPERTY WAIVER OF PROTEST TO ASSESSMENTS Assessor' s Parcel Number: 260-I 316-12 Work Order 54-G -------z_�� Project05-054 TPM/CDP A. P•S. INVESTOR LLC A CALIFORNIA LIMITED LIABILITY COMPANY AS TO AN UNDIVIDED 8.336 % INTEREST- EDWARD D. BETZ AS TRUSTEE OF THE 2001 EDWARD'DANIEL BETZ REVOCABLE TRUST DATED JUNE 8 2001 AS TO AN _N ._E UNDIVIDED 7QPn 5.5 5 % INTER EST; JDA MA CKINNON, LLC, A CALIFORNIA LIMITED LIABILITY 43.611% COMPANY, AS I( ) AN UNDIVIDED `4[1_�REST AND JDSK INVESTMENTS L C, A CALIFORNIA LIMITED LIABILI 81_.Ty COMPANY AS TO A UNDIVIDED 42.50%, ALL A TENANTS-IN-COMMON ( "OWNER" hereinafter) is the owner of r o p—er�t—y� (,,"p real ("PROPERTY" hereinafter) and legally described as follows : which is See Attachment "All which is attached hereto and made a part hereof. B. In consideration of 05-054 TPM, Of Yerebyo covenants and agrees for the benefit following: Of CIT , do the No protest shall be made by the owners to any proceedings for the installation or acquisition of street improvements, including al nutility lines, under any special assessment Mnicipal Improvement Act 19 or the Of 1913, or any applicable state or local law, and whether process ed other by the City of Encinitas or any other governmental entity having jurisdiction in the matter and for the purposes of determining property owners support for same. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, tr representatives, heirs, personal respective parties . ansferees and ' assigns of the D• OWNER agrees that OWNER' s duties and obligations under 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 revaimbursement of all ling shall be entitled to full reimbursement costs, including reasonable attorney's part party. fees, from the other F. Failure of the OWNER to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant . G. Upon OWNER's satisfaction of OWNER' s obligations contained herein, duties and OWNER may request and CITY shall execute a "Satisfaction of Covenant,, . H. By action of the City Council, CITY may assign to a person or persons impacted by the performance of this Covenant, the right to enforce this Covenant against OWNER. ACCEPTED AND AGREED: IN WITNESS WHEREOF, the parties have executed this Agreement on the ($ day f �A , 2006 . OWNER: P0A f4' Q.�j.T�►1/�l'� I.I,L �So kn ��t,.�a�b, pQR qv- JDA M4Z41A\AC- U-4 �►v�4�rt�.� LLB Print names and title after signing Signature of OWNER must be notarized. Attach the appropriate acknowledgement. CIT ENCI Dated �'"�j �06. (Notarizati n not required) by Peter Cota-Robles, Director of Engineering Services . ............... CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ......�� State of California County of San Diego } ss . 0no?l /g, zoo(� , before me, Randa G. Mi hour Nota Pu appeared Peter Cota-Robles I bllc, personally personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed his authorized capacity, and that by his signature on the instrument the erso the same in p o entity upon behalf of which the person acted, executed the instrument. n, or the . WITNESS my hand and official seal. Banda G. Milljo - -- '' ''" RANDA G. MILLJOURj a :% N : Commission#1389205 ' Notary Public•California San Diego County Place Notary Seal Above MY up.isn.6,2007 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on th : ment and could prevent fraudulent removal and reattachment of this form to another document e docu- . 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 Signer's Name: ❑ Individual ❑ Corporate Officer—Titles) RIGHT THUMBPRINT ❑ Partner—❑ Limited o General OF SIGNER ❑Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑Other: Signer is Representing: i ................................................... .ATTACHMENT "A" TPM 05-054 LEGAL DESCRIPTION THAT PORTION OF LOT"A"IN BLOCK I OF CARDIFF ACRES,IN THE CITy OF ENCINITAS,COUNTY OF SAN DIEGO,STATE OF CALIFORNIA, OFFICIAL MAP THEREOF NO. 1�,FILED IN TEE OFFICE OF ACCORDING DIlVG TO COUNTY RECORDED ON DECEMBER 8, 1915. ' T SAN DIF;Gp TOGETHER WITH THAT PORTION OF LOT I IN B CITY OF ENCINITAS,COUNTY OF SAN D LOCK 43 OF CARDIFF"A" THE TO OFFICIAL MAP THEREOF NO. 1334 �' STATE OF�"ORNIA,ACCORDING COUN lY RECORDED ON MAY 12, 1911. T OFFICE OF THE SAN DIEGO __r AA RESOLUTIIOON OF THE BOARD OF SUPERVISORS O DRIVE AS VACATED By RECORDED ON DECEMBER 1985 AS VISORS OF SAN DIEGO COUNTY, BEING MORE PARTZ 2' FII.E NO.85-112217 OF OFFICIAL,RECORDS, CUI..ARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF T1�NCE ALONG THE NORTI�.AST�Ly LOT 1 OF SAID MAP No. 1334, AS DEPICTED ON SAID MAP NO, 1334,SOUTH�-0F WAY OF MAC:Z�OrJ AVENUE � � ; E LEAVING SAID NORHEArnOtLY RIG -OF W y � UF, - NORTH 59°55'48"EAST, 100.©0 FEET;TH>:�TCE S NORTH 59°55'48"EAST,20.97 FEET TO A POINT 89.W53'EAST, 13.63 FF1rp; OF LOT 5 OF MAP N0. 11433,RECORDED ON APRIL W I.Y LLNE OF LOT 5,NORTH 00°50'02" 1 I, I _1HENCE Y ID SAID WFSTF„ y LINE OF LOT 5 NORTH 8g-o,-5r*'6.61 FEET,!E WING NORTH 00°50'02"EAST,95.42 FEET;TO A POD WEST, E N FEET;THEN BOUNDARY OF SAID pORTTON OF VACATED BIRMtN� NORTHF„ID,y ALONG SAID NORTIIFILLY BOUNDARY OF SAID B DRIVE,NORTH 82°35'42" PORTION OF��TED PORTION OF VACATED �'6•��;TII�TCE LEAV�1(,SAID WAY OF BI NDIGITAM DRIVE AS DEED IN AN SAID DO SO[ENTRLy ORDER O - DECEMBIR 2, 1985 AS FILE NO. 85-452277 OF OFFICIAL,RECORDS RECORD>� (4)COURSES: THE FOLZ OW1G 1) SOUTH 63*52'00 WEST,25.04 FEET 2) SOUTH 73020'13"qEST,23.25 FEET 3) SOUTH 77°48'08"WET,23.51 FEET 4) SOUTH 68°42'48"WEST 23.41 FEET TO A PORT ON THE EA OF-WAY OF SAID MACKINNON AVENUE, EASTERLY RICIi'P THENCE ALONG SAID EASTERLY RIG T -OF WAY I LINE SOUTH 01022'41"WEST, 81.72 FEET,THENCE ALONG OF AVOWA �OF WAY OF SAID MACKINNON A 'SOUTH 30�Q4 2" gSPOINT OF BEGINNING. T T To TIM CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California < County of ,�/ �F-� ss. z? On C)1004 1 r✓N C• L. Date before me, �� - 'I ��O fir, personally appeared p / Name and Title of OBicer(e g.,•Jane Doe,Notary Public") An CL Name(s)of Signers) (� ❑Personally known to meS proved to me on the basis of satisfactory j evidence i>rrvlrs c ' to be the �fi person(,�j whose name( is/are. ?)i subscribed to the within instrument and ?� *. OFFICIAL SEAL acknowledged to me that he/ > JOYE DAWN CATO the same in his �t executed NOTARY PUBLIC-CALIFORNIA m .lherfFhreTf authorized ' COMM.NO. 1460695 " capacity(+ , and that b -� SAN DIEGO COUNTY y his/ MY COMM.EXP.JAN.6,2008 signature(k) on the instrument the person the entity upon behalf of which the (on s) ? �i 0i acted, executed the instrument. persons) , %1 WITNESS my hand 1 icial seal. FI i natu of Notary Public �. t f� } OPTIONAL �X*')))1 Though the information below is not required by law,it ma y prove valuable to persons relying on the document and could prevent <� fraudulent removal and reattachment of this form to another document. �•1 Description of Attached Document Tl ? Title or Type of Document: I Document Date: Number of Pages: Signer(s)Other Than Named Above: ----- Capacity(ies) Claimed by Signer ' cl Signer's Name: ❑ Individuals ❑ Corporate Officer— ' Title(s): Top of thumb here ❑ Partner—❑Limited ❑General I ^I ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: I I 'Signer Is Representing: O 1999 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.naaonaln a .or A ry 9 Prod No.5907 Reorder:Call Toll-Free 1,800-876-6827 Recording Requested by: City Engineer ON r�lAY 2:3 When Recorded Mail To: Vt-N 200b "36424 City Clerk City of Encinitas MF 346 F,f", 505 S. Vulcan Avenue COVENANT REGARDING REAL PROPERTY: PUBLIC IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY Assessor's Parcel No. 260-316-12 Project No.: TPM 05-054 W.O. No.: 4-1 A. P.S.INVESTOR LLC A CALIFORNIA LIMITED LIABILITY COMPANY AS TO AN UNDIVIDED 8.333 %INTEREST- EDWARD D.BETZ AS TRUSTEE OF THE 2001 EDWARD DANIEL BETZ REVOCABLE TRUST DATED INTEREST-JDA MAC JUNE 8 2001 AS To AN UNDIVIDED 5.556% KJNNON LLC A CALIFORNIA LIMITED LIABILITY UNDIVIDED 43.611%INTEREST AND JDSK COMPANY AS TO AN LIABILITY COMPANY INVESTMENTS (SUBDIVIDER" hereinafter) is the owner of real Property which is Commonly known as TPIA 05-054 ("PROPERTY" hereinafter) and which is described as follows: See Exhibit A which is attached hereto and made a part hereof. B. The Tentative Subdivision Map of the PROPERTY Was approved, Subject to certain conditions requiring the construction of public improvements by SUBDIVIDER. SUBDIVIDER has applied for final approval of the subdivision but has not constructed the required public improvements. In consideration of the final approval of the subdivision of th e PROPERTY by the City of Encinitas ("CITY" hereinafter), SUBDIVIDER hereby covenants and agrees for the benefit of CITY, to do the following: See Exhibit 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, encumbrances, successors, heirs, personal representatives transferees and assigns of the respective parties. D. SUBDIVIDER agrees that SUBDIVIDER's duties and obligations under this Covenant are a lien upon the PROPERTY. Upon notice and opportunity to respond, CITY add to the property tax bill of the PROPERTY an may y past due f 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 SUBDIVIDER to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. G. Upon SUBDIVIDER's satisfactory completion of SUBDIVIDER's duties and obligations contained herein, SUBDIVIDER may request and CITY shall execute a Satisfaction of Covenant. H. By action of the City Council, CITY may assign to a person or persons impacted by the performance of this Covenant, the right to enforce this Covenant against SUBDIVIDER. ACCEPTED AND AGREED: LOPE Dated L/ b tiutT Dat ed lv� - JD4 Mxdtc',,,&,j LLC (Notarization of OWNER signature is attached.) C EN ► S By: Peter Cota-Robles Director of Engineering Services Dated (Notarization not required) _........................................................ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California lss County of San Diego J On a2g4 / , before me, Randa G. Milliour, Notary Public, personally appeared'Peter Cota-Robles, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Randa G. Millj ur 1 ' ' RANDA G.Al LJOURI Commission° a1�1389205 > San 1 O Cwt� • Place Notary Seal Above COI Wg1W 10 1.6 � � PTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the docu- ment and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer ' Signer's Name: ❑ Individual RIGHT THUMBPRINT ❑ Corporate Officer—Title(s) OF SIGNER : ❑ Partner—❑ Limited ❑ General C ❑Attorney in Fact Top of thumb here ❑Trustee ❑ Guardian or Conservator ❑Other: : Signer is Representing: 1........................■.........................`..........................a.......................... ATTACHMENT A TO COVENANT REGARDING REAL PROPERTY: PUBLIC IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. PROJECT NO. IPM 05-054 PROPERTY DESCRIPTION THAT PORTION OF LOT"A"IN BLOCK 1 OF CARDIFF ACRF.%IN THE CT1Y OF ENCWrAS,COUNTY OF SAN DIEGO,STATE OF OFFICIAL MAP lHI�OF NO 1680 FILED IN ACCORDING TO COUNTY RECORDED ON D THE OFT: TIDE SAN DIEGO &2�ER 8,1915. TOG ''TEM VIM THAT PORTION OF LOT I IN BLOCK,43 OF CARDIFF-A" IN TEE TOO OFFICIAL MAP ING TMtBOF NO. 1334,FILED IN TILE OFFICE OF THE SAN DINGO COUNTY'RECORDED ON MAY I2, 1911. r ALSO TOGETH11M WIIH THAT PORTION OF BIKM NGHAM DRIVE AS VACATED BY A RECORDED ON RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY BEING MORE PAR M , 1985 AS FILE NO.95-452277 OF OFFICIAL CULARLY DF,SCRIgED AS FOLLOWS: , BEGIMYI1TG AT THE NORTHWEST CORNER OF LOT 1 OF SAID Ai.CIL+Ki THE MAP� 1334, AS ONCE ALD G � MMLY RKH1'-CF-WAY CIF ' ABM AS SAID NOR MAP NO. 1334,SOUTH-V%4'I2"EAW.18.20 FEBT;Tim NORTH G SAID EAST,100 Y RXNff-OFWAY OF MAC"RM A �10E NORTH 59°53'48"EAST 20.971:EEF �89°09'58"EAST, 13.63 FE�sT; OF L0175 OF MAP NO. 11485, TO A POHV'!'Ofii THE WEeri ur Lbw ��ONAPRII,li 1 WEMMLY LINE OF LOT S,NORIM OWW'02 Ai.( 1['SAID SAID�WEMOtLY1LIVE OFLOrrI'S NORTii " '6.61 FAT' LEAVING NORTH 00°50'02"FAST,95.42 FEET'-TO A 89°09'58" '51.33 FEET;THEE BOUNDARY OF SAID PORTION OF VACATED NAY ALONG SAID NORTIOMRLY GARY OF SAID N 82°35'42"WEB 6 T OF VACA PORTION OF VACATED DR�� s II 1VIIrT(i SAID . WAY OF BDU INGHAM DRIVE AS DI EMBED IN SAID SLY RMr43fL DECEMBER 2,1985 AS FRE NO 85-45227!OF OFFICIAL RECORDS T�HORDBD O . LLOWINCs-. 1) SOUTH 63°52'00 WEST,25.04 FEET 2) SOUTH 73°20'13"WEST,23.25 FEET 3) SOUTH 77°48'08"WIW,23.51 FERT 4) SOUTH 68°4248"WEST,23.41 Fes'TO A POINT ON THE EASTERLY RjQIr OF-WAY OF SAID MA( ON AVENUE; 01 SAM EASTERLY- MCHT-0F WAYLOW OF MA(� "WEST,8I 72 FEET;TTY A O -W AY OF SAID MACIKI NNON A ��T�NMTMAS'TF.RLY POMTT OF BEGEWMG. E,"SOUTH 30°0412 EAST,40.94 FEET To THE ATTACHMENT B TO COVENANT REGARDING REAL PROPERTY: PUBLIC IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. PROJECT NO. IPM_ 05-054 SUBDIVIDER's DUTIES AND OBLIGATIONS Name of SUBDIVIDER: John DeWald Tract or Parcel Map Number TPM 05-054 Name of subdivision: PC 05-054 TPM/CDP Resolution of Approval Number: PBA 2009-99 Adopted: December 12 2005 Estimated total cost of improvements: $ IA 7 1 ,93 1.0 IMPROVEMENTS REQUIRED 1.1 SUBDIVIDER agrees at SUBDIVIDER's own cost and expense to furnish all th labor, equipment and materials to perform and complete, in accordance with the plans d an specifications and to the satisfaction and a p d approval of the City Engineer, all of the public improvements referred to below: Improvement plans drawing no. 54-1 sheets 1 through prepared by Pasco Engineering, as approved by the City Engineer together with any subsequent amendments approved in writing by the City Engineer on file with CITY in City Engineer's office and incorporated herein as though fully set forth at length. 1.2 Further, SUBDIVIDER agrees to perform the following conditions: Public Improvements pursuant to TPM 05-054 and 54-I 2.0 PROGRESS OF WORK 2.1 Time is of the essence with this Covenant. SUBDIVIDER s substantial construction of the public improvements required by this Coven hall commence year from the date of a ant no later than one approval by the City Engineer and shall complete the public improvements no later than two years and three months from the date of said approval. In the event good cause exists, as determined by the City commencement of construction or completion of the Public improvements Engineer, the time for extended. Any such extension may be granted without hereunder may be Sureties, if any, and shall in no way affect the validity t notice to SUBDIVIDER's Surety or y of this Covenant or release the Surety or Sureties on any security given f or the faithful performance of this Covena nt The City Engineer shall be the sole and final judge as to whether or not good cause h SUBDIVIDER to an extension. As a condition of such extensions, been shown to entitle require SUBDIVIDER to furnish new security guaranteeing s, the City Engineer may eeing performance of this Covenant, as extended, in an increased amount as necessary to compensate for any costs as determined by the City Engineer. y ncre ase m construction 2.2 If any of the public improvements are to be constructed or instal owned by SUBDIVIDER led on land not no construction or installation shall be commenced prior to SUBDIVIDER demonstrating to CITY that SUBDIVIDER has acquired th interests. a appropriate property 2.3 SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all necess licenses for the construction of the public improvements and give all nec ary permits and all fees and taxes required by law. essary notices and pay 2.4 SUBDIVIDER shall notify the City Engineer in writing at least 1 5 days prior to commencement of work hereunder. No construction work shall begin until the authorized by CI TY. 2.5 SUBDIVIDER shall not be entitled to obtain occupancy permits for the buildings constructed on any lot created by the subdivision until all required improvements have been provided to the satisfaction of the City Engineer. 2.6 SUBDIVIDER shall at all times maintain safe construction facilities, and provide safe access, for inspection CITY, to all parts of the work and to the shops wherein the work is in preparation. 2.7 SUBDIVIDER shall give good and adequate warning to the public to each and every existing danger relating to the construction of the public improvements, and shall protect the public from such dangers. 3.0 INSPECTION/APPROVAL OF IMPROVEMENTS 3.1 The City Engineer or his duly authorized representative, upon request of SUBDIVIDER, shall inspect, at SUBDIVIDER's expense the public improvements herein agreed to be constructed and installed by SUBDIVIDER. If determined to be in accordance with applicable CITY standards and the other terms of this Covenant, the City Engineer shall approve the improvements. 3.2 SUBDIVIDER agrees to pay for each inspection of the improvements required by the City Engineer. 3.3 Approval of the public improvements by CITY, shall not constitute a waiver by CITY of any defects in the improvements. 3.4 Until such time as the public improvements required by this Covenant are fully completed by SUBDIVIDER and approved by the City Engineer. SUBDIVIDER will be responsible for the care, maintenance, repair and replacement of such public improvements. 4.0 HOLD HARMLESS 4.1 SUBDIVIDER 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 SUBDIVIDER or SUBDIVIDER's agents, employees, subcontractors, officials, officers or representatives. Upon demand, SUBDIVIDER 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. 4.2 SUBDIVIDER's obligation herein includes, but is not limited to, alleged defects in the plans, specifications and design of the public 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 SUBDIVIDER's proposed plans, specifications or design so long as such change is objected to, in writing, by SUBDIVIDER, and the writing is filed with the City Engineer more than ten days prior to the commencement of work. 4.3 SUBDIVIDER's obligation herein includes, but is not limited to, alleged defects in the construction of the public improvements; alleged defects in the materials furnished in the construction of the public improvements; alleged injury to persons or property; alleged inverse condemnation of property or a consequence of the design, construction, or maintenance of the work or the public improvements; and any accident, loss or damage to the work or the public improvements prior to the approval of the construction of the public improvements by CITY. 4.4 By approving the improvement plans, specifications and design or by inspecting or approving the public 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 SUBDIVIDER who shall remain obligated in the same degree to indemnify and hold CITY and CITY's officers, officials, employees and agents, harmless as provided above. 4.5 SUBDIVIDER'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. 5.0 INSURANCE - 5.1 SUBDIVIDER shall obtain and maintain a policy of motor vehicle liability, public liability, general liability and property damage insurance from an insurance company approved by CITY and authorized to do business in the State of California, in an insurable amount of not less than one million dollars ($1,000,000.00) for each occurrence. The insurance policy shall Provide that the policy shall remain in force during the life of this COVENANT and shall not be cancelled, terminated, or allowed to expire without thirty- (30) days prior written notice to CITY from the insurance company. 5.2 CITY shall be named as an additional insured on SUBDIVIDER's policies. 5.3 SUBDIVIDER shall furnish certificates of said insurance to CITY prior to commencement of work under this AGREEMENT. 6.0 REPAIR MAINTENANCE AND REPLACEMENT As a condition on the approval by CITY of the satisfactory construction of the public improvements, SUBDIVIDER shall prepare, have executed, and record a covenant, in a form satisfactory to CITY, whereby property owners who will be served by the public improvements will be obligated to provide for the repair, maintenance and replacement of the public improvements and to indemnify and hold CITY and CITY's officers, officials, employees and agents, harmless. 7.0 NOTICES 7.1 Any notices certified mail. to be given under this COVENANT, or otherwise, shall be served by 7.2 For the purposes hereof, unless otherwise provided in writing by the parties hereto, the address of CITY and the proper person to receive any such notice on its behalf is: City Engineer City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 And the address of SUBDIVIDER and the proper person to receive any such notice on its behalf is: John DeWald 1855 Freda Lane Encinitas, CA. 92024 8.0 SUBDIVIDER's CERTIFICATION OF AWARENESS OF IM REFORM AND CONTROL ACT OF 1986 MIGRATION SUBDIVIDER certifies that SUBDIVIDER is aware of the requirem Immigration Reform and Control Act of 1986 (8 USC SS ents of the requirements, including but not limited to verifying a eligibility 1101_1525) and will comply with these employees, subcontractors and consultants that are gibility for employment of all agents, included in, satisfy the duties and obligations contained herein. 9.0 GENERAL PROVISIONS 9.1 Neither SUBDIVIDER nor any of SUBDIVIDER's a e shall be considered to be agents of CITY in connection with the e g nts or contractors are or duties and obligations under this Covenant. p rformance of SUBDIVIDER's 9.2 Sale or other disposition of the PROPERTY will not reliev the duties and obligations set forth herein. e SUBDIVIDER from in 9.3 SUBDIVIDER shall provide the improvements as an independent pursuit of SUBDIVIDER's independent g endent callin contractor and , and not as SUBDIVIDER shall not be under control of CITY except as to th e re an employee of CITY. SUBDIVIDER may confer with CITY as required to perform this Cosult to be accomplished. 9.4 No verbal Covenant. bal agreement or conversation with any officer, official, a e Of CITY, either before, during or after the execution of this Coven g nt or employee of the terms or obligations herein contained. ant, shall effect or modify any CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. On Date before me, J40 @ 2 �/T LLL personally appeared p Name and Title of Officer(e.g.,Jane Doe,Notary P / ublic'y Name(s)of Signer(s) I I ❑personally known to me (` proved to me on the basis of satisfactory evidence �1AL//_; rwtrs ,L� c �• OFFICIAL SEAL to be the person (p,)DAWN CATO subscribed to the within Seinstrument tsand NOTARY PUBLIC-CALIFORNIA m acknowledged to me that he and COMM.NO. 1460695 " the executed I SAN DIEGO COUNTY J same in his/ authorized °�•�•• MY COMM.EXP.JAN.6,2008 capacity(, and 1 ( signature that by hisR�er>�r�' on the instrument the person(jr) or the entity upon behalf of which the person(s) !� acted, executed the instrument. WITNESS my h nd official seal. �l r� h I i Signature of Notary Public I Though the information below is not re OPTIONAL I quired bylaw,it may prove valuable to e fraudulent removal and reattachment of this for p ns ref h Yf g on the document and could prevent Des n of Attached Document another document. �I Title or Type of Document: Document Date: Signer(s)Other Than Named Above: Number of Pages:----- - Capacity(ies) Claimed by igner Signer's Name: ❑ Individual ❑ Corporate Offi r— Title(s): ❑ Partner— imited ❑General TOP Of thumb here ❑ Attorney-' -Fact ❑ Truste ❑ Guar an or Conservator ❑ Othe ) l Signer Is Representing: ®1998 National Notary Assoc�ia�ry'on.9350'8350 De Sob A 0 C� �r_S,v�,, �www.nationainotary.org rY 9 Prod.No.59078✓ -`�:4' Reorder:Call Toll-Free 1-800.876-6827 C I T Y OF E N C I N I T A S ENGINEERING SERVICES DEPARTMENT 505 S . VULCAN AVE. ENCINITAS, CA 92024 GRADING PERMIT PERMIT NO. : 54GI PLAN NO. : PARCEL NO. 260-394-0800 CASE NO. : 05054 / CDP JOB SITE ADDRESS: MACKINNON AVE APPLICANT NAME JOHN DEWALD PHONE NO. : 619-709-2631 MAILING ADDRESS : 1855 FREDA LANE CITY: ENCINITAS STATE: CA ZIP: 92024- CONTRACTOR : MIKE LLOYD EXCAVATION PHONE NO. : 619-728-8661 LICENSE TYPE: A LICENSE NO. : 713787 PHONE NO. : 858-2.59-8212 ENGINEER PASCO ENGINEERING PERMIT ISSUE DATE : 9/14/06 PERMIT ISSUED BY: PERMIT EXP. INSPECTO ODD BAUMBA PERMIT FEES & DEPOSITS ---------------------------- . 00 2 . GIS MAP FEE . 00 1 . PERMIT FEE . 00 3 . INSPECTION FEE 5, 923 . 22 4 . INSPECTION DEPOSIT: S . NPDES INSPT FEE . 00 6 . SECURITY DEPOSIT 130, 774 . 00 . 79 7 . FLOOD CONTROL FE 674 . 73 8 . TRAFFIC FEE 710 . 00 9 . ' IN-LIEU UNDERGRN . 00 10 . IN-LIEU IMPROVMT 11 . PLAN CHECK FEE 00 12 . PLAN CHECK DEPOSIT: . 00 - - --- - - ----- - ----- --- --- - DESCRIPTION OF WORK - - - - -- - - - -- --- ------ ----------- PERMIT ISSUED TO GUARANTEE BOTH PERFORMANCE AND LABOR AND MATERIALS FOR EARTHWORK, DRAINAGE, PRIVATE IMPROVEMENTS , AND EROSION CONTROL. CONTRACTOR MUST MAINTAIN TRAFFIC CONTROL PER W.A.T . C .H. STANDARDS . LETTER DATED JUNE 7 , 2006 APPLIES . REVISIONS TO ISSUED PERMIT NEW OWNER-CARDIFF HEIGHTS INVESTORS, LLC: JOHN DEWALD MANAGING MEMBER. DATE INSPECTOR' S SIGNATURE ---- INSPECTION ----- --- '------- INITIAL INSPECTION 3-' 0-7 COMPACTION REPORT RECEIVED -7 -17 � �� c _ ENGINEER CERT. RECEIVED �' jO ROUGH GRADING INSPECTION Q�- FINAL INSPECTION (10- 9 - 11 ------- ----------------------- I HEREBY ACKNOWLEDGE THAT I HAVE READ THE APPLICATION AND STATE THAT THE INFORMATION IS CORRECTTAND ANDEGRADINGMPANDWTHE PROVISIONOSRANDACONDITIONSTOFE LAWS REGULATING EXCAVA ANY PERMIT ISSUED PURSUANT TO THIS APPLICATION. DATE SIGNED SIGNATURE TELEPHONE NUMBER PRINT NAME CIRCLE ONE: 1 . OWNER 2 . AGENT 3 . OTHER C I T Y OF E N C I N I T A S ENGINEERING SERVICES DEPARTMENT 505 S . VULCAN AVE. ENCINITAS, CA 92024 IMPROVEMENT PERMIT PERMIT NO. : 54II 260-394-0800 PLAN NO. : 54-II PARCEL NO. CASE NO. : 05054 / CDP JOB SITE ADDRESS : MACKINNON AVE APPLICANT NAME JOHN DEWALD PHONE NO. : 619-709-2631 MAILING ADDRESS : 1855 FREDA LANE CITY: ENCINITAS STATE : CA ZIP: 92024- - PHONE NO. : 619-728-8661 CONTRACTOR MIKE LLOYD EXCAVATION LICENSE TYPE: A LICENSE NO. : 713787 INSURANCE COMPANY NAME: NIC INSURANCE POLICY EXP . DATE: 5/04/07 POLICY NO. SF06CGL002424-00 PHON N 858-259-8212 ENGINEER PASCO ENGINEERING PERMIT ISSUE DATE: 9/14/06 PERMIT EXP . DATE -- 4107 PERMIT ISSUED BY: INSPECTOR: D BAUMBACH --- -------- ------ PERMIT FEES & DEPOSITS ------------ --- . 00 2 . GIS MAP FEE . 00 1 . PERMIT FEE . 00 3 . INSPECTION FEE 910 . 90 4 . INSPECTION DEPOSIT : 6 . SECURITY DEPOSIT 18 , 218 . 00 5 . NPDES INEPT FEE . 00 109 . 31 7 . FLOOD CONTROL FE . 00 1 IN-LITRAFFIC FEE EU IMPROVMNT . 00 9 . IN-LIEU UNDERGRN . 00 lO . • 00 ll . PLAN CHECK FEE 00 12 . PLAN CHECK DEPOSIT : DESCRIPTION OF WORK -- - --- ---- - - - ------ PERMIT TO GUANANTEE BOTH PERFORMANCE AND LABOR AND MATERIALS FOR EARTHWORK, DRAINAGE, PRIVATE IMPROVEMENTS, D EROSION CT CONTRACTOR MUTMAINTAINTRAFFICCCONTROLPER AC STANDARDS . LETTER DATED JUNE 7 , 2006 APPLIES . REVISIONS TO ISSUED PERMIT NEW OWNER-CARDIFF HEIGHTS INVESTORS, LLC . JOHN DEWALD MANAGING MEMBER. DATE --- ---'- INSPECTOR'S SIGNATURE ---- INSPECTION - ------ -'------- INITIAL INSPECTION ! Q FINAL INSPECTION --------- --- -------------- AS-BUILTS. AND ONE YEAR WARRANTY RETENTION REQUIRED. I HAVE CAREFULLY EXAMINED THE COMPLETED PERMIT AND DO HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT ALL THE INFORMATION IS TRUE. DATE SIGNED SIGNATURE TELEPHONE NUMBER PRINT NAME CIRCLE ONE : 1 . OWNER 2 . AGENT 3 . OTHER CITY OF ENCINITAS - ENGINEERING SERVICES DEPARTMENT ACTIVITY REPORT DATE: PROJECT NUMBER: PROJECT NAME: / STREET LOCATION• PERMIT NUMBER: G" CONTRACTOR: TELEPHONE: ryl�L r77u. rsn�V SuCiz%2c 7U� - srL-a� .4�/h��inon: CvnrT)�UiiJL�, f3--Z0--07 --/a a 7 .�Sffi c�/"EIS -3- 4- /0 /7)E7- AJE3,J e7>�v12/r�7t7rZ-�`Ti►►'1 E�►'p c �rtCJ �2r 04,j cr— /vo 1-(4ut- ZrE7 G i Bi�,r,.tirG•iY o'z/e+'l40111 CaC7 c5�E-- j-ZZ-ro LuL9 �cc�e..0 Cam• -23"I J h�o f-FG1`7V 1 3°30 !O Cad- o��rL E� ati LzrS t and 2. /1t57- o� It"_ ACC bgagr 15; _5 slEiT l y�wztS. C'oNAJn o,�A� �v(��►�� EinCfip LA,I 4-e54_0" C u'PtuS MuW-6 F S 4 4ui�-g f . _I�-/0 (.,v v,�C L,�,.sn�vu e-s 6ti X17 ♦� � �-v�or�ll�'.ys 7D Lc,T �N�US lou�jj ITS VAe-A- 6L->z ' ya� 3 /o n KBE mac' S.Mt-c; LAL oe or-) z ' 44f.A.) 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"i 1•x:+45 �� A-ly� �L.r< — c -SS 3 1 w m14429 ENGINEERING SERVICES DEPARTMENT !^_• Capital improvement Projects r CZfi1/Q District,Support Services : Y-Jf Field Operations EncZ'YLZtlXs Subdivision Engineering Traffic Engineering ROUGH GRADING CONDITIONAL „APPROVAL TO: Subdivision Engineering Public service Counter FROM: Field Operations Private Contract Inspection - RE: Grading Permit No. 51V G poae-l�- )at z 'ONz y Name of Project A / + Ejia� Name of Developer �c�//� t✓�1�`� U� � 4%fe�y7L�te site Location �� suffix!. not) !bldg) (address ..:number ...street name , The .proposed grading=Of--the subject:site. will::require .construetlo.n'of:,,retaining walls that are also,buildin.g walls: The inspection,of�th.e.site:retaining :watts is to Abe done by:the field-Operations Division "of the-.EnviiTeering Services :Department. However; the inspection. -the. building .retaining walls is ,to :be. done .by the Building Inspection Division of the community . Development Department. Therefore, issuance of the necessary Building Permit is requested .in order to facilitate the completion of rough grading. NO INSPECTIONS BEYOND FOOTINGS AU� FOUNDATION I OF R TO BE OUGH PROVIDED BY BUILDING INSPECTION GRADING APPROVAL, WITHOUT CONDITIONS AND SIGNED BY THE ENGINEERING INSPECTOR, IS RECEIVED. FRAMING IS PROHBITED. (signatur of Engin pectorl (Date) (Signature of senior Civil Engineer., only if appropiate) (Date) Reference: Building Permit No. --- Special Note: Submit this form, if completed, to counter staff merely by placing a copy of it in both engineering technicians' in-boxes. Please remember to do a full rough grading approval and submit that paperwork, when completed. Office staff will handle the appropiate reductions in security, if any, and coordination with Building Inspection.Thank you. JSG/fieldIdocl TF1.760-633-2600 / FAX 760-633-2627 505 S. Vulcan Avenue, Encinitas, California 92024-3633 TDD 760-633-2700 recycled paper ENGINEERING SERVICES DEPARTMENT \ :; Capital Improvement Projects City of District Support Services Encinitas Field Operations Subdivision Engineering Traffic Engineering ROUGH GRADING APPROVAL TO: Subdivision Engineering Public Service Counter ANTE: 6��1nblJ 6L C UN �aRA�O(��6 FROM: Field Operations t),kjL �'tFt2 'S Private Contract Inspection lesyw RE: Grading Permit No. 54 CS oN 5-li4i10 Name of Project C, k f tj ti a/J 7�V fr/j UC Name of Developer ON� 'be W Site Location 6e C0P_MW / C lftllUUl� .(E 1l�f>K ��- (address ...number ...street name ...suffix) (lot) (bldg) I have inspected the grading at the subject site and have verified certification of the pad by the Engineer of Work,P,{}Sto LAA&TSVtT A_dated `]--- and certification of soil compaction by the Soil Engineer, P.AJ42LI dated --tZ 10. 1 am hereby satisfied that the rough grading has been completEfd in accordance with the approved plans and specifications, Chapter 23.24 of the Municipal Code, and any"other applicable engineering standards and specific project requirements. Based on my observation and the certification-s,,j,�take no exception to the issuance of a building permit for the lot(s) as noted or Phase�, if any, but only in so far as grading is concerned. However, this release is not intended to certify the project with respect to other engineering concerns, including public road, drainage, water, sewer, park, and trail improvements, and their availability, any other public improvements, deferred monumentation, or final grading. Prior to final inspection of the Building Permit(s) and legal occupancy, I need to be further advised so that I can verify that final grading (i.e., finished precise grading, planting and irrigation) has been completed in accordance with the approved plans and specifications. (Signature of En gin nspector) (Date) (Signature of Senior Civil Engineer, only if appropiate) (Date) Reference: Building Permit No. --- Special Note: Submit this form, if completed, to counter staff merely by placing a copy of it in both engineering technicians' in-boxes. Please remember to do a final inspection of the grading permit and submit that paperwork, when completed. Office staff will handle the appropiate reductions in security, if any, and coordination with Building Inspection.Thank you. JSG/field1docl ACI TEL 760-633-2600 / FAX 760-633-2627 505 S. Vulcan Avenue, Encinitas, California 92024-3633 TDD 760-633-2700 licl recycled paper PASCO LARET SUITER & ASSOCIATES CIVIL ENGINEERING + LAND PLANNING + LAND SURVEYING July 9, 2010 PLSA 1033C City of Encinitas Engineering Services Permits 505 So. Vulcan Avenue Encinitas, CA 92024 Re: Engineer's Pad Certification for Grading Permit No. 54-G Parcel 3 To Whom It May Concern: Pursuant to Section 23.24.3 10 of the Encinitas Municipal Code, this letter is hereby submitted as a Pad Certification Letter for the above referenced project, as the Surveyor of Record for the subject property. I hereby state that the rough grading for this project has been completed in conformance with the approved plan and requirements of the City of Encinitas, Codes and Standards. 23.24.310(B). The following list provides the pad elevations as field verified and shown on the approved grading plan: Pad Elevation Pad Elevation Location. Per plan per field measurement basement 220.5 220.5 23.24.310(B)l Engineered drainage devices and/or retaining walls have not been constructed at this time. 23.24.310(B)5. The location and inclination of all manufactured slopes has been field verified and are in substantial conformance with the subject grading plan. 23.24.310(B)6. The earthen berms and positive building pad drainage cannot be constructed until basement walls are put in and backfilled. If you should have any questions in reference to the information listed above,please do not hesitate to contact this office. Very truly yours, d D N C. y oseph Y as, PLS 5211 LS 5211 Principal Land Surveyor Exn,06I301�1 Pasco Laret Suiter & Associates, Inc. QF CAS-X� 535 N Coast Highway 101 Ste A Solana Beach, Calitornia 92075 ph 858.259.8212 Ix 858.259.4812 plsaengineering.com JUFERY GEOLOGIC SERVICES Engineering Geologic Services John DeWald & Associates May 6, 2010 1855 Freda Lane, F.N. 2007-101.3 Cardiff, CA 92007 r Subject: Interim As built Engineering Geologic Conditions 2001, 2005, Mackinnon Avenue Encinitas, CA 92007 7 2010 1A AY Reference: Update of Geotechnical Investigation MacKinnon Property Encinitas, CA 92007 Dear Mr. DeWald, The purpose of this report is to comment upon the construction completed thus far and to provide recommendations for the forth-coming work. The engineering geologic conditions have been reviewed during recent periods of work on the subject site. The work exposed geologic conditions on lots at 2001, and 2005 Mackinnon Road. The lot at 2009 is being used as a stockpile area for soils generated form the excavation on lots 2001 and 2005. Temporary cuts for retaining walls were excavated. The excavation exposed native materials in the cuts and in the bottom, in the driveway areas of the site. The exposed natural ground was reviewed and determined to be terrace deposits. These materials as exposed on site are silty- sands and sand. These findings are consistent with the findings in the referenced report. The terrace deposits are firm, competent for the support of the structures. No expansive soils were noted in the excavations observed. 44o Sandalwood Court-Encinitas-('92024 .1,EL(760)473-4117 FAX(76o)753-2904 Email RnkjefferyLSBCGlobal.net JIEVVIERY GEOLOGIC SERVICIES Engineering Geologic Services Minor amounts of fill less that 1 foot in thickness and less that 50 yards of volume was placed to fill in a low spot on lot 2001. The fill was tested and found to have a relative compaction of approximately 93 %. Additional inspections were made of the footing excavations on lots 2001 and 2005. These observations also revealed the same findings; that the soils underlying the site are firm competent silty sands of terrace deposits. These observations are consistent with the finding in the referenced report. The footing excavations were reviewed and found to be suitable to proceed with the placement of steel reinforcing. Conclusions The soils onsite are as anticipated based on the previous work. The soils exposed on site are consistent with findings in previous investigative reports. Construction of the retaining walls and back fill may proceed in conjunction with the recommendations as presented herein and in the referenced report. Recommendations As the retaining walls are constructed, the exposed temporary slopes shall be reviewed by the geologist and monitored by the contractor. The contractor should provide safety measures for the work and personnel, particularly those working at the base of the temporary slopes for retaining wall construction. These measures should consist of shoring and other forms of protections as required. 44o Sandalwood Court-Encinitas-CA 92o24 TEL(760)473-4ll7 FAX(760)753-2904 Email Rnkjeffery@SBCGlobal.net PASCO LARET SUITER & ASSOCIATES A`7 6r CIVIL ENGINEERING + LAND PLANNING + LAND SURVEYING April 6, 2010 PLSA1033 -' City of Encinitas Engineering Services Permits 505 S.. Vulcan Avenue Encinitas, CA 92024 Re: Engineer's Pad Certification for Grading Permit No. 54-G Parcels 1 and 2 only To Whom It May Concern: Pursuant to Section 23.24.3 10 of the Encinitas Municipal Code, this letter is hereby submitted as a Pad Certification Letter for the above referenced project, as the Surveyor of Record for the subject property. I hereby state that the rough grading for this project has been completed in conformance with the approved plan and requirements of the City of Encinitas, Codes and Standards. 23.24.310(B). The following list provides the pad elevations as field verified and shown on the approved grading plan: Pad Elevation Pad Elevation Location Per Plan Per Field Measurement Parcel 1 219.5' 219.5'avg. Parcel 2 219.5' 219.5'avg. 23.24.310(B)I Engineered drainage devices and/or retaining walls have not been constructed at this time. 23.24.310(B)5. The location and inclination of all manufactured slopes has been field verified and are in substantial conformance with the subject grading plan. 23.24.310(B)6. The earthen berms and positive building pad drainage cannot be constructed until basement walls are put in and backfilled. If you should have any questions in reference to the information listed above, please do not hesitate to contact this office. Very truly yours, LS 5211 Exp.00130/11 `Joseph Yu s, PLS 5211 Principal Land Surveyor Pasco Laret Suiter& Associates, Inc. OF CA�� 535 N Coast Highway 101 Ste A Solana Beach, California 92075 ph 858.259.8212 Ix 858.259.4812 1 plsaengineering.com Feb 08 11 07:47a draves pipeline 760-728-0086 p.1 r P "Ah,AL Ar Pb TECH NOLOGY ENGINEERING, INC6Av#f6Wc Project No. TE-2563 February 4, 2011 Draves Pipeline P. O. Box 1051 Bonsall,CA 92003 Subject: Report of Soil Compaction Gas Service Trench Finish Subgrade Soils and Base Materials 2013 Me Kennan Street Encinitas,California Dear Mr. Draves: In response to your request,we are sending herewith results of laboratory and compaction tests performed on trench finish subgrade soils and base materials at the subject site. Test results indicate finish subgrade soils and base materials were compacted to a minimum of ninety-five percent(95%). Therefore, we recommend construction continue as scheduled. If you have any questions,please do not hesitate to contact us. This opportunity to be of service is sincerely appreciated. W @=�' ? Respectfully submitted, w R. R Terra Technology Engineering, Inc. GE 713 rM m ce EXQ, 30/11 k ••�2�1i� Cam—". Gam"=- ECN��G Ronald K. Adams Dale R. Re OF cW President Registered Civil n 393 Geotechnical Engineer 000713 RKA:kla cc: (4) submitted P. O. Box 301061 Escondido, CA 92030 • (760) 740-0826 FAX(760) 741-6568 Feb 08 11 07:47a draves pipeline 760-728-0086 p.2 T E C H N O L O G Y ENGINEERING, ING TABULATION OF TEST RESULTS Test;4 I Date Horizontal Vertical Field Moisture Dry Density Soil Percent of Location Location I %Dry Wt, LB Cu.Ft. I Type Compaction 1 01/26111 0+07 FSG 10.2 123.8 I 95.1 2 64 0+04 FGB 05.9 141.4 II 99.5 REMARKS: FSG=Finish Sub Grade FGB=Finish Grade Base OPTIMUM MOIST DENSITY SOIL DESCRIPTION TYPE MAX. DRY DENSITY OPT. MOISTURE (LB. CU. FT1 M DRY WT) Red Brown Silty-Sand I 130.1 08.2 Gray Silty Coarse Gravelly Sand(Class II Base) II 141.8 06.8 PROJECT NO.TE-2563 PLATE NO. ONE JOHN DEWALD&ASSOCIATES REAL ESTATE I NV r TME�T C.ONSO RTIUM March 16,2010 City of Encinitas Engineering Dept. Attn: Ruben Macabitas Subject: EXISTING BONDS FOR 54-G AND 54-1 Dear Ruben, I, John Dewald, as both the President of John Dewald & Associates, Inc. and Managing Member of the Cardiff Heights Investors, LLC, do hereby understand and agree that the existing security bonds for the above referenced project which are in my name, John Dewald & Associates, will remain in force and be used by Cardiff Heights Investors, LLC to complete the project. Sinc y, 7 , DID Jo esident Date J ewald&Associates, Inc. 1855 Freda Lane, Cardiff, CA 92007 760-633-1620 760-633-1738 (fax) www.jd-assoc.com WAtL EAS�WC- 7- P4QT- N00 SO q0 0 �p O kb� 1V cn U-j O W �P" y Z rn u C. G � i n �V cti V o LL cc o LS 5211 U- a :k Exp.06/30/%�F cc La Q3 co LN N ;n OF CPS-�F�4 s cv 3.0 Q �aoo Arno C')Q 11 Lo �4 <' cr- I NOICA?'ES EA S EIS ENT' 19. 14' 40. 00' \ N.30 004 ' It "W r o NJ fLC�INNON_��_ 0 N PGSA 1033 EXHIBIT"A WALL EASEMENT An easement for wall construction purposes including footings over, under, along and across the Northerly 3.00 feet of parcel 3 of Parcel Map No. 20122, in the City of Encinitas,County of San Diego, State of California, Recorded October, 13, 2006 in the office of the County Recorder of said San Diego County. 0 LS 5211 .__E .06/30/11 o1 pJ'Sap0 y F. S��7I6 p�Sp JJ S�•; 0��, ,yp 9 < od d rV ply 9d / S I1 �� r Ul '�6 °i( �c' 9 D• y I c b'6tZ=3�d�e75.� s�, 9d Al -YoO��I I d , 6�h�y°h'p 6S (9 m w yo zn� -1 �d tib 1V -i o �LO'r1 'SJ ti J,a 6O s 6 tib °hid/J, 0 o t/2s 01170 CLEAN® ENVIRONMENTAL SERVICES, INC. ORDER CONFIRMATION P O Box 869 DATE Oceanside, CA 92049 (760) 433-7640 Fax (760) 433-3176 5/12/2011 CUSTOMER SHIP TO Empey Development Inc. Cardiff Heights Investments LLC 2588 El Camino Real F605 2005-2013 Mackinnon Ave. Carlsbad,CA 92008 Cardiff by the Sea,CA 92007 P.O. NO. TERMS REP PROJECT PROJECT 50%Deposit-50... GBK Cardiff Heights Cardiff Heights ITEM DESCRIPTION QTY GISB Grate Inlet Skimmer Box-24"x 24"x 10"w/undermount kit I GISB Grate Inlet Skimmer Box-23 3/4"x 23 3/4"x 8"w/undermount kit 1 GISB Grate Inlet Skimmer Box-24"x 24"x 7"w/undermount kit 1 CIB Continuou Curb Inlet Basket-Continuous- 18"x 7"x 7"-Mount under inflow pipe 1 Installation NPWR Installation-Non Prevailing Wage Rates-GISB's 3 Installation NPWR Installation-Non Prevailing Wage Rates-Continuous 1 NOTES THIS ORDER IS PLACED BY CUSTOMER WITH BIO CLEAN ENVIRONMENTAL AND IS DUE TO BE DONE IN PRODUCTION AND INSTALLED NO LATER THAN 5/31/11 BARRING ANY PRODUCTION ISSUES. PLEASE FEEL FREE TO CONTACT BIO CLEAN ENVIRONMENTAL WITH ANY QUESTIONS YOU MAY HAVE AT 760-433-7640_ Sales Tax MAY 16 241 _J JUVERY GEOLOGIC SERVICES Engineering Geologic Services John DeWald& Associates June 12, 2010 1855 Freda Lane, F.N. 2007-101.3 Cardiff, CA 92007 Subject: Interim As built Engineering Geologic Conditions 2013, Mackinnon Avenue Encinitas, CA 92007 Reference: Update of Geotechnical Investigation - 2001, 2009 MacKinnon Property (Lots 1 and 2) Encinitas, CA 92007 Interim As built Engineering Geologic Conditions 2013, Mackinnon Avenue (lot 3) -F-S Encinitas, CA 92007 - Dear Mr. DeWald, The purpose of this report is to comment upon the construction completed thus far and to provide recommendations for the forth-coming work. The engineering geologic conditions have been reviewed during recent periods of work on the subject site. The work exposed geologic conditions on lots at 2001, and 2005 Mackinnon Road. The lot at 2009 is being used as a stockpile area for soils generated form the excavation on lots 2001 and 2005. The materials, which were stockpiled on lot 2013 were removed and used as compacted fill for the first two lots 1 and 2. The soils were placed as fill between the retaining on lots 1 and 2 walls and tested for compaction. The resulting excavation on lot 3 has exposed competent terrace deposits as anticipated in the referenced report: Updated Geotechnical Investigation. 44o Sandalwood Court-Encinitas-CA 92024 TEL(76o)473-4117 FAX(76o)753-2904 Email Rnkjeffery @SBCGlobal.net JEVVERY GEOLOGIC SERVICES Engineering Geologic .services Temporary cuts for retaining walls have been excavated. The excavation on lot 3 exposed native materials Terrace deposits in the cuts and in the bottom, in the driveway areas of the site. The exposed natural ground was reviewed and determined to be terrace deposits. These materials as exposed on site are silty-sands and sand. These findings are consistent with the findings in the referenced report. The terrace deposits are firm, competent for the support of the structures. No expansive soils were noted in the excavations observed. Conclusions The soils onsite are as anticipated based on the previous work. The soils exposed on site are consistent with findings in previous investigative reports. Construction of the retaining walls and back fill may proceed in conjunction with the recommendations as presented herein and in the referenced report. Recommendations The footing may now be excavated. Upon completion these excavations shall be reviewed for compliance with the reports. The exposed temporary slopes shall be reviewed by the geologist and monitored by the contractor. The contractor should provide safety measures for the work and personnel, particularly those working at the base of the temporary slopes for retaining wall construction. These measures should consist of shoring and other forms of protections as required. The walls should be fitted with back drains and water proofed per the architect's recommendations. As a minimum the walls shall be waterproofed,receive a drain, and protection board. The architect should review the water proofing system (including back drains) and make 44o Sandalwood Court-Encinitas-CA 92o24 TEL(76o)473-4117 FAX(76o)753-2904 F,mad Rnkjeffery@SBCGlobal.nct ........_.....__... . ............... JEFFERY GEOLOGIC SERVIC10 Engineering Geologic Services the determination that the work as constructed is consistent with his intentions as expressed on the plans. The back-drains shall drain soils and backfill from below the adjacent floor level to either a storm drain, if available, or should drained via a sump pump. The soils placed in the back fill areas shall be tested for compaction as indicated in the original reports. Test shall be taken at no greater intervals than in 2-foot,vertical increments. All soils shall be compacted to 90%of the maximum dry density. Care should be taken with the equipment selected for compaction so as to not overstress the walls as construction and back filling proceeds. Heavy vibrating equipment(such as bulldozers) should be avoided. Instead smaller equipment such as bob-cats or walk behind compactors should be used, to avoid damage to the walls and waterproofing system. If you have any questions please do not hesitate to contact me. Best regards, G` OF C \1 Ralph K. Jeffery President, Jeffery Geologic Services R.G.3815, C.E.G.1183 CC: Mr. Tim Empey 4o Sandalwood Court-Encinitas-CA 92o24 TEL(76o)473-4117 FAX(76o)753-2904 Email RnkjcfferyLSBCGIobal.net City of Encinitas -c 505 South Vulcan Avenue Fire Encinitas,California 92024-3633 Building Tel 760-633-2600•Fax 760-943-2226 TDD-60-633-2700 wNw.ci.encinitaaca.us Planning Engineering Field Clearance to Allow Occupancy TO: Subdivision Engineering Public Service Counter FROM: Field Operations Private Contract Inspection RE: Building Permit No. -- Name of Project 1140(_It IA) Name of Developer I have.inspected the site at 2ol3 16,/4 Ave--, address-. number street name suffix and have determined that finish (precise) grading (lot no.) (bldg.no.) and any other related site improvements are substantially complete and that occupanc .s merited. Signature of Engineering Inspector Date Signature of Senior Civil Engineer, only if appropriate Date Reference: Engineering Permit No. 54 C Special Note: Please do not sign the"blue card"that is issued by Building Inspection Division and given to the developer.You are only being asked to verify field conditions. Office staff still has the responsibility to verify that compliance with administrative requirements is achieved,typically payment of impact fees or execution of documents. Return this form, if completed,to counter staff by dropping it in the slot labeled "Final Inspection". Also, please remember to do final inspections on the related engineering permits and return that paperwork, if completed. Thank you. norj l�l ii ' I PASCO LARET SUITER 4 ryJJOCppTLJ CIVIL ENGINEERING +LAND PLANNING ASSOCIATES ' April 13, 2011 PLSA 1033 City of Encinitas Engineering Services Permits 505 South Vulcan Avenue Encinitas,CA 92024 RE: ENGINEER'S FINAL GRADING CERTIFICATION FOR GRADING PERMIT NO. 54-G.LOCATED ON MACKINNON AVENUE The Grading Plan permit number 54-G has been performed in substantial conformance with the approved grading plan or as shown on the attached"As Graded"plan. Final grading inspection has demonstrated that lot drainage conforms to the approved grading plan and that swales drain a minimum of I% to the street and/or an appropriate drainage system. All the Low Impact Development, Source Control; and Treatment Control Best Management Practices as shown on the drawing and required by the Best Management Practice Manual Part II were constructed and are operational,together with the require nce covenant(s). Engineer of Record Brian Ardolino RCE 71651 o' � va ,"; Verification by the Engineering Inspector of this fact is� b pector's signature hereon and will take place only after the abov ed and stamped and will not relieve the Engineer of Record of the ultimate respo Engineering Inspect Date "1. [ [ g 535 N Coast Highway 101 Ste A Solana Beach, California 92075 ph 858.259.8212 1 fx 858.259.4812 1 plsaengineering.com Part # GISB-24-24- 12 f---- 24 Flow Specifications Percent Total Square Flow Description Open Square Inches Rate of filter Inches of Total (Cubic opening °" per Unit Unobstructed Feet per Openings Second 24 Skimmer protected 100% 72.0 72.0 2.9 cfs By—Pass Coo-se Screen 3/4" x 1-3/4'" 72.0 44.6 2.1 Cfs stainless steel 629e flattened expanded Medium Screen TOP VIEW 10x 10 mesh 56% 143.5 80.4 4.3 cfs stainless steel Fine screen 14 x 18 mesh 68% 144.0 97.9 5.8 cfs stainless steel FLOW SCHEMATIC STORM BOOM THROAT FLOW RATE TREATED FLOW RATE Total:4.4cfs Total: 12.2cfs FLOW RATES BASED ON UNOBSTRUCTED OPENINGS SKIMMER THROAT GRATE :q TURBULENCE " DEFLECTOR .4. •. 4 4 ' ' 4 .•a ••°. SIDE VIEW a . SKIMMER PROTECTED t ' BYPASS 12 1 COARSE SCREEN 1- FINE SCREEN CONCRETE STRUCTURE BOX MANUFACTURED FROM REMOVE G GRATE MRINE GRADE FIBERGLASS & GEL REINSTALL GRATE COATED FOR UV PROTECTION 5 YEAR MANUFACTURERS WARRANTY EXCLUSIVE CALIFORNIA DISTRIBUTOR: PATENTED BIO CLEAN ENVIRONMENTAL SERVICE P.O BOX 669, OCEANSIDE, CA. 92049 TEL.. 760-433-7640 FAX:760-433-3176 Emall: Info®blocleonenvlronmental.net ALL FILTER SCREENS ARE STAINLESS STEEL SUNTREE TECHNOLOGIES �'°"°' 798 CLEARLAKE RD. SUITE #2 .o SUN7REE Oa4 f PRODCM ARE BWLT FOR EASY aIANNG AND ARE COCOA FL. 32922 m TEL. 321-6,37-7552 FAX 321-637-7554 „�,,,�,•,,,�, DESIGNED 10 BE Pt N4W f NVfRISWRW AND 900 GRATE INLET SKIMMER BOX p LIST FOR DECADES. GISB-24-24—12 " DATE: 04/12/04 SCALE:SF EE RA FTE R: N.R.B. UNITS =INCH PASCO LARET SUITER <<07 f & ASSOCIATES CIVIL ENGINEERING + LAND PLANNING + LAND SURVEYING May 3, 2011 PLSA 1033 City of Encinitas 505 South Vulcan Ave Encinitas, CA 92024 Attn Engineering: RE: MONUMENT BOND RELEASE FOR PM 20122 To Whom It Mat Concern, Please be advised that the monuments for the above referenced maps have been set and we have been paid for said work. If you have any questions regarding the above please feel free to contact me Sincerely, - Joseph Yuhas, PLS 5211 Principal Land Surveyor 110 Pasco Laret Suiter& Associates, Inc. H C * L9 5211 C 535 N Coast Highway 101 Ste A Solana Beach, California 92075 ph 858.259.8212 fx 858.259.4812 plsaengineering.com Ad1h, Geotechnics . Incorporated `C> Principals: Anthony F.Belfast Michael P.Imbrigho W.Lee Vanderhurst April 6,2004 John DeWald&Associates ` " Project No. 0917-001-00 1855 Freda Lane Document No. 04-0302 Cardiff, CA 92007 Attention: Mr. John DeWald SUBJECT: REPORT OF GEOTECHNICAL INVESTIGATION MacKinnon Property Encinitas,California Mr. DeWald: The following report presents the findings,conclusions,and recommendations of our geotechnical investigation of the MacKinnon property in Encinitas,California. In general,our findings indicate that the site is underlain by dense terrace deposits which are covered by a few feet of loose fill throughout most of the proposed development areas. These materials are considered suitable to support the proposed structures and improvements,provided that the recommended site preparation is performed. There were no unusual or special conditions apparent in our investigation which would preclude development. 1.0 PURPOSE AND SCOPE OF WORK This investigation was conducted in general accordance with the provisions of our Proposal No.04- 029(Geotechnics,2004). The purpose of our investigation was to evaluate the existing geotechnical conditions at the site as they relate to the proposed development, and to make recommendations regarding site preparation and grading, and design of the proposed structures and improvements. The recommendations contained herein are based on a surface reconnaissance, subsurface investigation, laboratory testing, engineering analysis, and our previous experience in the site vicinity. The design values may include presumptive parameters based on our professional judgment. Our scope of work included: 9245 Activitv Rd.,Ste. 103 - San Diego,California 92126 Phone(858)536-1000 - Fax(858)536-8311 JOHN DeWALD&ASSOCIATES PROJECT NO.0917-001-00 APRIL 6,2004 DOCUMENT NO.G"302 PAGE 1.1 A review of available site development plans,topographic and geologic maps,aerial photographs, and geotechnical literature relevant to the project area. Relevant references are presented in Appendix A. 1.2 A subsurface exploration which included r-nuited limited access drill rig using a 6-inch solid-stem auger.41mborings were drilled to a v220,feet belew.wt3sting gmde. Soil samples were collected from the borings for laboratory analysis. The borings were logged by our field geologist. Logs of the explorations are presented in Appendix B. 1.3 Laboratory testing of selected soil samples to assess the pertinent physical characteristics of the on-site materials. Our testing included gradation, expansion index,sulfate content,and direct shear. The test results are presented in Appendix C. 1.4 Evaluation of general seismic conditions and potential geologic hazards affecting the area and their likely impact on the project. 1.5 Engineering analysis of the field and laboratory data to develop recommendations for site preparation, remedial earthwork, fill placement, foundation design, bearing capacity,retaining wall design,soil reactivity,and drainage and moisture protection. 1.6 Preparation of this report with our findings, conclusions and recommendations. 2.0 SITE DESCRIPTION The subject site is located southeast of the intersection between Bi aa street wi die y, The approximate location of the site is shown on the Site Location Map,Figure 1. Several existing single-family residences and an apartment complex lie to the south and east of the site, respectively. The site is relatively flat with the exception of a minor 2:1 (horizontal to vertical)cut slope which extends north to south through the center of the property.The slope has a maximum height of approximately 10 feet. Elevations on site range from a minimum of approximately 222 feet above mean sea level (MSL) along the eastern edge of the property,to a maximum of about 231 feet MSL along the west central portion of the site. Existing improvements on site include three single-family residential structures with associated driveways and concrete flatwork. In addition,the site contains a variety of miscellaneous retaining walls, decks, patios, planter structures and subsurface utilities. The site is covered with well established landscape vegetation including grass, shrubs, and large trees. Geotechnics Incorporated r!d PIIrIL-dW r-.' SJ.r' aft, :.d'<I_'irrc d!IJ U:IU12 lji- 17,r7 4r :c,.,:,er Pi►`,, 2 W, T 1 Rl^XM ItILWN Encinitas 4� 3, t I � � � h �"r �6...'� y�b �Vii:r�, --x •�. { SITEr: �Y (" �t, � � Faye(r� •* !�� i i fp a Cardiff- the-Sea �` 1 S by � '1•faKrl J6 *��1• , ,\ Y t0. Sl d$P i \ } r�U 'Yl W 1 a-L` p��isR�4. y f Solana i7U rl ' ... °tp 0.,U' N i+. "!7.007 W 7]7^.5!1C;^� e o t e c h n i c s Project No. 0917-001-00 n c o r p o r a t e d SITE LOCATION MAP Document No. 04-0302 FIGURE 1 JOHN DeWALD&ASSOCIATES PROJECT NO.0917-001-00 APRIL 6,2004 DOCUMENT NO.04-0302 PAGE 3.0 PROPOSED DEVELOPMENT It is our understanding that the proposed development will include demolition of all existing structures and improvements, and the construction of six single-family residential structures with associated pavements, flatwork areas and subsurface utilities. The buildings are anticipated to consist of one or two story, wood-framed structures with conventional shallow foundations and slabs-on-grade. Several of the buildings may have basement-level parking garages. The preliminary site plan indicates that minor grading will be needed to construct the proposed building pad and parking areas. Cut and fill depths are anticipated be on the order of ten feet or less. The proposed layout of the site is shown on the Geotechnical Map, Figure 2. 4.0 GEOLOGY AND SUBSURFACE CONDITIONS The subject site is located within the Peninsular Ranges geomorphic province of southern California. This province is characterized by rugged north south trending mountains separated by subparallel faults,and a coastal plain of subdued landforms underlain by sedimentary formations. The site is located within the coastal plain portion,and is underlain at depth by Eocene-age and Quatemary-age sedimentary formations. The formational materials are mantled with shallow fill soils. The approximate locations of our exploratory borings are shown on the Geotechnical Map,Figure 2. The boring logs are presented in Appendix B. Generalized descriptions of the subsurface materials encountered at the site from oldest to youngest follow. 4.1 Torrey Sandstone Eocene-age sedimentary deposits associated with the Torrey Sandstone are believed to underlie the entire site at depth. Exposures can be observed along the beach cliffs to the west, and in natural and cut slopes along the freeway to the east of the site. Torrey Sandstone was encountered in Boring B-2 during our investigation at approximately 17 feet below existing grade. As observed in the boring,the Toney Sandstone generally consists of light gray silty sandstone (Unified Soil Classification System Symbol: SM), that is fine grained, weakly to moderately cemented, and massive. Based on the proposed site development plan,the Torrey Sandstone is not anticipated to be exposed during construction. Geotechnics Incorporated m m a D 4D v K n mm m D Z a g o 0� _ a m g o O o Z m rn 'SL M o m (D 'm o r> CD 1 , K) m O ; 1 y0 \ 554< 5 8b 9'v ` o ; �� 6L'b N ♦ r �♦ 3� SZL'b \ i � t is ♦ ♦ R D Av1 i X t Project No.0917-001-00 Geotechnics GEOTECHNICAL MAP Document No.04-0302 MIJENhh,Incorporated FIGURE 2 JOHN DeWALD&ASSOCIATES PROJECT NO.0917-WI-00 APRIL 6,2004 DOCUMENT NO.04-0302 PAGE 4.2 Unnamed Terrace Deposits Quaternary-age terrace deposits overlie the Torrey Sandstone throughout the site. These terrace deposits have been correlated with the Bay Point Formation (Tan and Kennedy, 1996), and are composed of reddish brown silty sand (SM). The sand is fine to medium grained,and medium dense to dense in consistency. As observed during drilling,the terrace deposits are at least 17 feet thick in some portions of the site, and will be the main unit exposed during earthwork construction. Laboratory testing indicates that these materials have a very low expansion potential and negligible sulfate content. 4.2 Fill Undocumented fill soils were encountered in all of the borings drilled at the site. The fill appeared similar in composition to the underlying terrace deposits. The fill generally consisted of light brown to red brown silty sand(SM)that was fine to medium grained,and loose to medium dense in consistency. The fill ranged from about two to three feet in thickness at the boring locations, but may be thicker in areas not explored. The fill is considered compressible and unsuitable for direct support of structures, improvements, or new fills in its present condition. Laboratory testing indicates that the fill has a very low expansion potential and negligible sulfate content. 4.3 Groundwater No seepage or groundwater was observed in the subsurface explorations. However,it should be noted that changes in rainfall,irrigation practices,or site drainage may produce seepage or locally perched groundwater conditions at any location within the soil or bedrock underlying the site. This typically occurs at underlying contacts with less permeable materials, such as the interface that exists between fill and terrace deposits. Since the prediction of the location of such conditions is not possible,they are mitigated if and where they occur. Geotechnics Incorporated PROJECT NO.0917-001-00 JOHN DeWALD&ASSOCIATES DOCUMENT NO.04-0302 APRIL 6,2004 PAGE 5 5.0 GEOLOGIC HAZARDS AND SEISMICITY The subject site is not located within an area previously known for significant geologic hazards. Potential seismic hazards at the site are anticipated to be the result of d shaking from distant active faults. The nearest known active fault is within the Rose Cany on foul one, about 4'h km northwest of the site according to the 1997 Uniform Building Code fault maps. 5.1 Ground Rupture The subject site is not located within an Alquist-Priolo Earthquake Fault Zone, and our investigation and literature review did not provide indications of active faulting on site. Consequently,ground rupture is not considered to be a significant geologic hazard. 5.2 Seismicity and Ground Motion The approximate centroid of the subject site is located at latitude 33.02561 north and longitude 117.27630 west. The Fault Location Map,Figure 3,shows the locations of known active faults within a 100 km radius of the site. Table summarizes�rion (Blake, 1998). faults based on the program EQFAULT and supporting According to the California Geological Survey, the design basis earthquake for the site, defined as the peak ground acceleration with a 10 percent probability of being exceeded in a 50 year period,is 0.29g(CGS, 2003). 5.3 Liaue`on Liquefaction is a process in which soil grains in a saturated deposit lose contact due to earthquakes or other sources of ground shaking. Liquefiable soils typically consist of cohesionless sands and silts that are loose to medium dense,and saturated. Due to the very dense nature of the formational material throughout the site,the elevation of the site above sea level,and the absence of groundwater,the potential for liquefaction is considered low. Geotechnics Incorporated C 3unew polujodiooul dVW N011VD01 iLinv-q ZOCO-VO ON wownma so I uq 3 ajoag 00-LOO-LM'ON PBfOJd ouch o` ve e 4P 'Ile A IT� ell Ile— - le -77 cn L ;gj Uff ::peg ;j g8i. 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N W C c0 LL t co c� Q 'a V •Ti N Mu I` 00 O N H Z O O O Q C Q IQ ,2 00 � y d � Z � 4) w c O rn O ui Q Z O c rn � U) a T a c F O tD M T M CA 1� M M 00 "t M M m m CON W N N T 0 0 0 0 0 0 0 0 0 0 0 0 0 O -5 N E � E F= Y W N o m a� W � rn N M to N cc a cD oo m E W N Z � c U C)- 0) Q L- et O 00 w w O r- 00 O) O M LO Co CD co C N 00 U •y � F., N N V IT 'W CO 0D CD 00 ao ao ao 00 OD CA CA .-. = 0 y 0 Y co w U c co 't3 H rn m E co y Q U 0 . Y o o c Cd o c m o a, O N :° >m c A OL N co •� �' L mU : oQ N 'a m " sa o U m 'o �-° m c c c °= J w c vi O U 3 v° o m j m c U o c ° Q V m .o c`is W Q y d m `o N U o ° U) a3i L c E a? O U. rn C o O �- U - .. a[ C D m o c 'rn ° t ° c c o c ca ca 4 ° ° C W N a W o 3; m E -a U` o U CO W W W m c v ° c ca m m ° aoi C') w CU N O N o u L c Z (n Z U LL W H o �- 04 M 'tt tO JOHN DeWALD&ASSOCIATES PROJECT NO.0917-001-00 APRIL 6,2004 DOCUMENT NO.04-0302 PAGE 5.4 Landslides and Lateral Spreads Evidence of ancient landslides or slope instabilities was not observed at the site during our investigation. The site is relatively flat with a minor 2:1 interior slope less than 10 feet high. Accordingly, the potential for landslides or seismically induced lateral spreading to significantly impact the site is considered low. 5.5 Tsunamis Seiches Earthquake Induced Flooding The site is located more than 220 feet above mean sea level. The elevation of the site precludes damage due to seismically induced waves(tsunamis)or seiches. The site does not appear to be located below any large bodies of water. Consequently, the potential for earthquake induced flooding is considered to be low. Geotechnics Incorporated PROJECT NO.0917-001-00 JOHN DeWALD&ASSOCIATES DOCUMENT NO.04-0302 APRIL 6,2004 PAGE 7 6.0 CONCLUSIONS No geotechnical conditions were apparent in this investigation that would preclude the proposed improvements to the site. However,some geotechnical factors exist which require consideration. • The undocumented fills throughout the site are considered loose and potentially compressible. Furthermore,we anticipate that demolition of existing buildings,foundations, and subsurface utilities will disturb the upper few feet of soil throughout the site. In Section 7.3,we have recommended that deleterious,disturbed,or potentially compressible soils be excavated and compacted throughout the site prior to development. • The site contains an interior cut slope which is approximately 8 to 10 feet high. The development plan indicates that Lots 1 and 2 will extend across this slope. A cuttfill transition may result if the basement excavations for these lots do not extend below the toe of the existing slope. Remedial grading may result in other transitions with the proposed building pad areas at the site. Such transitions are not recommended beneath foundations and slabs due to the potential for adverse differential movement and distress. Recommendations for mitigating these conditions are provided in Section 7.3 of this report. • Our analysis indicates that the recommended 2:1 slopes are stable with regard to deep-seated failure. However, surface water flow and/or seepage may result in surficial slope failures and erosion. Recommendations are provided to help reduce the potential for such behavior. • There are no known active faults underlying the project site. The most likely seismic hazards at the site would be associated with significant ground shaking from an event centered within the nearby Rose Canyon fault zone. The potential for various geologic hazards such as liquefaction,tsunamis, seiches,or flooding to adversely impact the site is considered low. • Laboratory testing indicates that the site soils have a very low potential for expansion and negligible soluble sulfate content. No special recommendations are deemed necessary to mitigate soil expansion or sulfate attack. • The on-site soils are generally considered suitable for reuse in compacted fill for the support of foundations, slabs, and for use as wall backfill. Geotechnics Incorporated JOHN DeWALD&ASSOCIATES PROJECT NO.0917-001-00 APRIL 6,2004 DOCUMENT NO.04-0302 PAGE 8 7.0 RECOMMENDATIONS The remainder of this report presents recommendations regarding earthwork construction and design of the proposed foundations and slabs. These recommendations are based on empirical and analytical methods typical of the standard of practice in southern California. If these recommendations do not to cover a specific feature of the project, please contact our office for amendments. 7.1 Plan Review We recommend that Geotechnics Incorporated review foundation and grading plans prior to finalization in order to evaluate conformance with the intent of the recommendations contained within this report. 7.2 Excavation and Grading Observation Geotechnics Incorporated should observe site grading and foundation excavations. Geotechnics Incorporated should provide observation and testing services continuously during grading. Such observations are considered essential to identify field conditions that differ from those anticipated by the preliminary investigation, to adjust designs to actual field conditions, and to determine that the grading is accomplished in general accordance with the recommendations of this report. Recommendations presented in this report are contingent upon Geotechnics Incorporated performing such services. Our personnel should perform sufficient testing of fill during grading to support our professional opinion as to compliance with compaction recommendations. 7.3 Earthwork Grading and earthwork should be conducted in accordance with the Grading Ordinance of the City of Encinitas and Appendix Chapter 33 of the Uniform Building Code. The following recommendations are provided regarding specific aspects of the proposed earthwork construction. These recommendations should be considered subject to revision based on field conditions observed by the geotechnical consultant. Geotechnics Incorporated JOHN DeWALD&ASSOCIATES PROJECT NO.0917-001-00 APRIL 6,2004 DOCUMENT NO.04-0302 PAGE 9 7.3.1 General: General site preparation should include the removal of deleterious materials, existing structures, or other improvements from areas that will be subjected to structures or fill loads. Clearing and grubbing should extend to the limits of grading. Deleterious materials include vegetation such as brush, grass, weeds,wood,and tree roots,as well as trash,construction debris,contaminated soils, rocks more than 6 inches in greatest dimension,and expansive clays. All buildings, foundations, utilities and any other man-made improvements within the grading limits that are not to be saved for future use should be demolished and legally disposed off-site. Existing subsurface utilities that are to be abandoned should be removed and the trenches backfilled and compacted as described in Section 7.3.5. Alternatively, abandoned utilities may be filled with two-sack sand-cement slurry under the observation of Geotechnics Incorporated. 7.3.2 Compressible Soils: Clearing and grubbing of the existing improvements and vegetation may disturb the upper few feet of soil throughout the site. Furthermore, the undocumented fill which currently mantles the site is considered potentially compressible. All disturbed or compressible soil should be excavated within areas that will be subject to development, including flatwork areas, building pads and slopes. Removals should expose firm and unyielding material as determined by our personnel during grading. In general,excavations are anticipated to be on the order of 3 feet or less, although deeper excavations may be needed in some areas. The removed soil that is free of deleterious material should be replaced in accordance with Section 7.3.5 as a uniformly compacted fill to the proposed plan elevations. 7.3.3 Improvement Areas: Once demolition has been completed, deleterious materials have been removed from the site, and compressible soils have been excavated and compacted as described above,conventional cut and fill grading may be used to attain propose finish grade elevations throughout the site. Immediately prior to constructing surface improvements, including pavements and exterior flatwork, the surficial 12 inches of soil should be scarified and compacted as described in Section 7.3.5. Geotechnics Incorporated JOHN DeWALD&ASSOCIATES PROJECT NO.0917-001-00 APRIL 6,2004 DOCUMENT NO.04-0302 PAGE 10 7.3.4 Building Pad Areas: Remedial grading should be conducted throughout the building pad areas to remove deleterious,disturbed or potentially compressible soils as described in Sections 7.3.1 through 7.3.3. Remedial grading (or the proposed earthwork operations) may result in building pads underlain by both fill and formation. For example,the foundations for Lots 1 and 2 will be situated over both formation and fill unless basement excavations are made that extend below the toe of the existing slope in that area. In general, structures should not straddle"cut/fill" transitions,due to the potential for adverse differential movement. Typical transition conditions and our recommended mitigation measures are presented in Figure 4. For building pads not situated entirely in formation, we recommend that the cut portion be over-excavated to a depth equal to one half of the maximum fill thickness on the lot,as shown in Figure 4. The over-excavation depth should be determined by Geotechnics Incorporated during grading based on the planned finish grade elevations and removal depths. The over-excavated area should extend at least 10 feet beyond the proposed foundation perimeter. The over-excavation should then be filled to grade with the stockpiled soil compacted as described in Section 7.3.5. 7.3.5 Fill Compaction: All fill and backfill to be placed in association with site development should be accomplished at slightly over optimum moisture conditions using equipment that is capable of producing a uniformly compacted product. The minimum relative compaction recommended for fill is 90 percent of the maximum dry density based on ASTM D1557. Geotechnics should perform observation and testing of fill so that an opinion can be rendered as to the compaction achieved. Trench backfill should not contain rocks over 6 inches in greatest dimension. Imported fill sources should be observed prior to hauling onto the site. Geotechnics Incorporated should test samples of the imported materials in order to evaluate their suitability for the proposed use. Imported fill soils should have an expansion index of no more than 20 based on ASTM D4829. During grading, soil types other than those described herein may be encountered by the contractor. Geotechnics Incorporated should observe and evaluate the suitability of these soils for use as fill and as finish grade soils. Geotechnics Incorporated CASE 1.0 FILL RIP 12 INCHES, _ 3 FEET WATER, COMPACT (MAXIMUM) FORMATION CASE 2.0 2%SLOPE -�- ' - _ A '- FILL OVER-EXCAVATE TRANSITION TO A DEPTH OF H/2(3 FEET MINIMUM) H >3 FEET FORMATION CASE 3.0 - H >3 FEET------------ 2% SLOPE --►' FILL OVER-EXCAVATE TRANSITION - - TO A DEPTH OF H/2 (3 FEET MINIMUM) FORMATION Awb- �G e o t e c h n i c s Project No. 0917-001-00 Incorporated TRANSITION DETAILS Document No. 04-0302 FIGURE 4 r ..,ao..,.�.....m...,..n.,......, n,.., inn JOHN DeWALD&ASSOCIATES PROJECT NO.0917-001-00 APRIL 6,2004 DOCUMENT NO.04-0302 PAGE 11 7.3.6 Temporary Excavations: Temporary excavations may be needed throughout the site for the construction of the proposed structures and to accomplish the proposed remedial earthwork. All excavations should conform to Cal-OSHA guidelines. Temporary excavations should be inclined no steeper than 3/4:1 for heights up to 10 feet. Higher temporary slopes or excavations that encounter seepage or other potentially adverse conditions should be evaluated by the geotechnical consultant on a case-by-case basis during grading. 7.3.7 Slopes: Our analysis indicates that the existing 10 foot high 1'/z:l (horizontal to vertical) cut slope east of Lot 1 is stable with respect to deep seated failure. Grading of the site may include the construction of various new cut and fill slopes. We recommend that permanent cut and fill slopes constructed on site be inclined no steeper than 2:1. Cut and fill slopes constructed with on-site soils at a 2:1 gradient should be stable with respect to deep seated failure to heights of 20 feet or more. Although the recommended slopes are considered stable with respect to deep seated failure, they may be susceptible to surficial slope instability and erosion given substantial wetting of the slope face. Surficial slope stability may be enhanced by providing proper site drainage. The site should be graded so that water from the surrounding areas is not able to flow over the top of the slope. Diversion structures should be provided where necessary. Slopes should be planted with vegetation that will increase their stability. Ice plant is generally not recommended. Vegetation should include woody plants,along with ground cover. Plants should be adapted for growth in semi-arid climates with little or no irrigation. A landscape architect should be consulted to develop a planting palate suitable for stabilization. 7.3.8 Surface Drainage: Foundation and slab performance depends greatly on how well surface runoff drains from the site. This is true both during construction and over the entire life of the structure. The ground surface around structures should be graded so that water flows rapidly away without ponding. The surface gradient needed to achieve this will depend on the prevailing landscape. The project engineer should consider these aspects in design. Geotechnics Incorporated JOHN DeWALD&ASSOCIATES PROJECT NO.0917-001-00 APRIL 6,2004 DOCUMENT NO.04-0302 PAGE 12 Planters should be built so that water from them will not seep into the foundation, slab,or pavement areas. If roof drains are used,their drainage should be channeled by pipe to storm drains, or discharge at least 10 feet from buildings. Irrigation should be limited to the minimum necessary to sustain landscaping plants. In the event that excessive irrigation, surface water intrusion, water line breaks, or unusually high rainfall occurs, saturated zones or "perched" groundwater may develop within the fill or formation underlying the proposed improvements. Sound engineering judgment should be used in future improvements so that the established lot grades and appropriate drainage patterns are maintained. 7.4 Foundation Recommendations The following foundation recommendations are considered generally consistent with methods typically used in southern California. Other alternatives may be available. The minimum criteria provided herein should not be considered a structural design, or to preclude more restrictive criteria of governing agencies or the structural engineer. Foundation design should be performed by the structural engineer using the following geotechnical parameters. The following recommendations assume that the proposed structures are underlain entirely by competent formational materials,or a uniform depth of compacted fill,and that remedial grading has been conducted as recommended in Section 7.3. The bearing soils are assumed to have a low expansion potential. Preliminary design may be based on the following parameters. Note that these parameters should be considered preliminary and subject to revision based on the conditions observed by the geotechnical consultant during grading. 7.4.1 Conventional Foundations: Allowable Bearing: 2,500 lbsW(allow a one-third increase for short-term wind or seismic loads) Minimum Footing Width: 12 inches Minimum Footing Depth: 18 inches below lowest adjacent soil grade Geotechnics Incorporated JOHN DeWALD&ASSOCIATES PROJECT NO.0917-001-00 APRIL 6,2004 DOCUMENT NO.04-0302 PAGE 13 Minimum Reinforcement: Two No. 4 bars at both top and bottom in continuous footings. 7.4.2 Settlement: Total and differential settlements of the proposed structures are not expected to exceed one inch,and three quarters of an inch,respectively. 7.4.3 Lateral Resistance: Lateral loads against the structure may be resisted by friction between the bottoms of footings and slabs and the supporting soil,as well as passive pressure from the portion of vertical foundation members embedded into compacted fill or formational material. A coefficient of friction of 0.35 and a passive pressure of 350 psf per foot of depth is recommended. 7.4.4 Seismic Design: The subject site is situated in 1997 UBC Seismic Zone 4(Z= 0.40). The proposed structures will generally be underlain by shallow compacted fill over dense formational materials. In our opinion,a 1997 UBC Seismic Soil Profile S,_would be most appropriate for the site(dense soil and soft rock). The nearest known active fault is within the Rose Canyon Fault zone, which is located approximately 4'h km from the site. The Rose Canyon Fault is a Type B Seismic Source,based on the 1997 UBC criteria. The near source acceleration and velocity factors (N. and N,) are equal to 1.08 and 1.31, respectively. The seismic coefficients Ca and C„equal 0.44 and 0.73,respectively. Design of structures should comply with the requirements of the governing jurisdictions, building codes and standard practices of the Association of Structural Engineers of California. 7.5 On-Grade Slabs The project structural engineer should design the proposed slabs using the following parameters. On-grade slabs should be supported by compacted fill prepared as recommended in Section 7.3.3. If an elastic design is used,a modulus of subgrade reaction of 150 lb/in3 would be appropriate. Building slabs should be at least 5%z inches thick, and reinforced with at least No. 3 bars on 18-inch centers,each way. Geotechnics Incorporated JOHN DeWALD&ASSOCIATES PROJECT NO.0917-001-00 APRIL 6,2004 DOCUMENT NO.04-0302 PAGE 14 7.5.1 Moisture Protection for Slabs: The construction of concrete slabs ultimately causes the moisture content to rise in the underlying soil due to continued capillary rise and the termination of normal evapotranspiration. Because normal concrete is permeable, moisture will eventually penetrate the slab. Excessive moisture may cause mildew,lifting or discoloration of floor tile,or other problems. The moisture transmission rate can be controlled by the use of various moisture barriers. The most commonly used moisture barriers in southern California typically consist of about two to four inches of clean sand or pea gravel covered by'visqueen'plastic sheeting. In addition, two inches of sand are placed over the plastic to decrease concrete curing problems. It has been our experience that such systems will transmit from approximately 6 to 12 pounds of moisture per 1000 square feet per day. The estimated transmission rate may be excessive for some applications,particularly for sheet vinyl,wood flooring, vinyl tiles, or carpeting with impermeable backings that use water soluble adhesives. The project architect should review the moisture requirements of the proposed flooring system and incorporate an appropriate level of moisture protection as part of the floor covering design. This may include waterproofing the slab. 7.5.2 Exterior Slabs: Exterior slabs should be at least 4 inches thick. Crack control joints should be placed on a maximum spacing of 10 foot centers, each way, for slabs,and on 5 foot centers for sidewalks. Nominal steel reinforcement may help to reduce the potential for long-term differential movement across control joints. Typical reinforcement would consist of 6x6 W2.9/W2.9 welded wire fabric supported firmly at mid height of the slabs. 7.5.3 Expansive Soils: The soils observed during our investigation consisted primarily of silty sand (SM). Laboratory testing of samples of the on-site soils indicates that these soils have a very low expansion potential based on Uniform Building Code criteria. Figure C-2 summarizes the expansion index test results. Geotechnics Incorporated JOHN DeWALD&ASSOCIATES PROJECT NO.0917-001-00 APRIL 6,2004 DOCUMENT NO,04-0302 PAGE 15 7.5.4 Reactive Soils: In order to assess the exposure of concrete in contact with the site soils,samples were tested for water soluble sulfate content(see Figure C-2). The tests indicate that site soils have a"negligible"sulfate exposure based on Uniform Building Code criteria. The project design engineer may use this information and Table 19-A-4 of the UBC to select a cement type, water to cement ratio, and minimum compressive strength for concrete which will come in contact with the site soils. However,it should be noted that the use of fertilizer or soluble sulfate in the irrigation water may cause the sulfate content in the surficial soils to rise over time. 7.6 Earth-Retaining Structures Backfilling retaining walls with expansive soil can increase lateral pressures well beyond normal active or at-rest pressures. We recommend that retaining walls be backfilled with soil having an expansion index of 20 or less(the on site soils generally meet this criteria). The backfill area should include the zone defined by a 1:1 sloping plane,back from the base of the wall. Retaining wall backfill should be compacted to at least 90 percent relative compaction, based on ASTM D1557. Backfill should not be placed until walls have achieved adequate structural strength,and heavy compaction equipment should not be used. Cantilever retaining walls backfilled with the recommended select soil may be designed for an active earth pressure approximated by an equivalent fluid pressure of 35 lbs/ft3. The active pressure should be used for walls free to yield at the top at least 1 percent of the wall height. For restrained walls or walls with 2:1 sloping backfill,an equivalent fluid pressure of 55 Ibs/ft3 should be used. The above pressures do not consider hydrostatic forces or surcharge loads. If these are applicable, we should be contacted for additional recommendations. Walls should contain an adequate subdrain to alleviate hydrostatic pressures. Typical wall drain details are shown in Figure 5. For general wall design, an allowable bearing capacity of 2,500 lbs/ft3, a coefficient of friction of 0.35, and a passive pressure of 350 psf per foot of depth is recommended. Geotechnics Incorporated DAMP-PROOFING OR WATER- PROOFING AS REQUIRED ROCK AND FABRIC OTT ALTERNATIVE COMPACTED. BACKFILL• 12-INCH MINIMUM MINUS 314-INCH CRUSHED ROCK ENVELOPED IN FILTER FABRIC WEEP-HOLE (MIRAFI 140NL, SUPAC 4NP, OR ,; ALTERNATIVE APPROVED SIMILAR) /. ' ' t 4-INCH DIAM. PVC PERFORATED PIPE DAMP-PROOFING OR WATER- PROOFING AS REQUIRED GEOCOMPOSITE �T PANEL DRAIN - __ -- PANEL DRAIN ALTERNATIVE CO.MPAC�ED. BAC4<F4 LL- 1 CU. FT. PER LINEAR FOOT OF : WEEP-HOLE MINUS 314-INCH CRUSHED i' ALTERNATIVE ROCK ENVELOPED IN - FILTER FABRIC _ 4-INCH DIAM. PVC PERFORATED PIPE NOTES 1) Perforated pipe should outlet through a solid pipe to a free gravity outfall. Perforated pipe and outlet pipe should have a fall of at least 1%. 2) As an alternative to the perforated pipe and outlet, weep-holes may be constructed. Weep-holes should be at least 2 inches in diameter, spaced no greater than 8 feet, and be located just above grade at the bottom of wall. 3) Filter fabric should consist of Mirafi 140N, Supac 5NP, Amoco 4599, or similar approved fabric. Filter fabric should be overlapped at least 6-inches. 4) Geocomposite panel drain should consist of Miradrain 6000, J-DRain 400, Supac DS-15, or approved similar product. 5) Drain installation should be observed by the geotechnical consultant prior to backfilling. Project 0917-001-00 Adft- G e o t e c h n i c s Documen t No. 04-0302 ncorporated WALL DRAIN DETAILS FIGURE 5 JOHN DeWALD&ASSOCIATES PROJECT NO.0917-001-00 APRIL 6,2004 DOCUMENT NO.04-0302 PAGE 16 7.7 Pipelines It is our understanding that the proposed development will include a variety of pipelines such as storm drains and sewers. Geotechnical aspects of pipeline design include lateral earth pressures for thrust blocks, modulus of soil reaction, and pipe bedding. Each of these parameters is discussed separately below. 7.8.1 Thrust Blocks: Lateral resistance for thrust blocks may be determined by a passive pressure value of 350 lbs/ft2 for every foot of embedment, assuming a triangular pressure distribution. This value may be used for thrust blocks embedded into compacted fill or formation. 7.8.2 Modulus of Soil Reaction: The modulus of soil reaction (E') is used to characterize the stiffness of soil backfill placed along the sides of buried flexible pipelines. For the purpose of evaluating deflection due to the load associated with trench backfill over the pipe,a value of 1,5001bs/in2 is recommended for the general site conditions, assuming granular bedding material is placed around the pipe. 7.8.3 Pipe Bedding: Typical pipe bedding as specified in the Standard Specifications for Public Works Construction may be used. As a minimum, we recommend that pipes be supported on at least 4 inches of granular bedding material such as minus 3/4-inch crushed rock or disintegrated granite. Where pipeline or trench excavation inclinations exceed 15 percent, we do not recommend that open graded rock be used for pipe bedding or backfill because of the potential for piping and internal erosion of the overlying backfill. For sloping utilities, we recommend that coarse sand bedding with a sand equivalent value greater than 30 be used. Alternatively, sand-cement slurry can be used for the bedding and in the pipe zone. The slurry should consist of at least a 2-sack mix having a slump no greater than 5 inches. If the sand-cement slurry is used for the pipe bedding and as backfill to at least I foot over the top of the pipe,cut-off walls may not be necessary. This recommendation should be evaluated by the project civil engineer designing the pipe system. Geotechnics Incorporated JOHN DeWALD&ASSOCIATES PROJECT NO.0917-001-00 APRIL 6,2004 DOCUMENT NO.04-0302 PAGE 17 8.0 LIMITATIONS OF INVESTIGATION This investigation was performed using the degree of care and skill ordinarily exercised, under similar circumstances,by reputable geotechnical consultants practicing in this or similar localities. No warranty,express or implied,is made as to the conclusions and professional opinions included in this report. The samples taken and used for testing, and the observations made are believed representative of the project site. However, soil and geologic conditions can vary significantly between borings. If this occurs, the changed conditions must be evaluated by the geotechnical consultant and additional recommendations made,if warranted. The findings of this report are valid as of the present date. However, changes in the condition of a property can occur with the passage of time,whether due to natural processes or the work of man on this or adjacent properties. In addition, changes in applicable or appropriate standards of practice may occur from legislation or the broadening of knowledge. Accordingly,the findings of this report may be invalidated wholly or partially by changes outside our control. Therefore, this report is subject to review and should not be relied upon after a period of three years. GEOTECHNICS INCORPORATED /06, P1A j -; James C. Sanders, C.E.G. 2258 Matthew A. Fagan,P.E. 57248 Project Geologist Project Engineer Reviewed by: ��RED GEo JAMES C SANDERS f ✓ � ��___ n_, No 2258 �nt ENGINEERING C57M Anthony F. Belfast, P.E. 40333 � ENGINEERfNQ * Vv/fw Principal sT aeoLoaIsT OF CA1-�FCg' Distribution: (2)Addressee,Mr. John DeWald 't�o (2)Pasco Engineering,Attn: Justin Suiter Geotechnics Incorporated APPENDIX A REFERENCES American Society for Testing and Materials(2000). Annual Book ofASTM Standards, Section 4, Construction, Volume 04.08 Soil and Rock (I); Volume 04.09 Soil and Rock (II); Geosynthetics, ASTM,West Conshohocken, PA, 1624 p., 1228 p. Anderson,J. G. ,Rockwell,T. K.,Agnew,D. C. (1989). Past and Possible Future Earthquakes of Significance to the San Diego Region, Earthquake Spectra,Vol. 5,No. 2. pp 299-335. Blake,T.F.(1998). EQFAULT,EQRISK,and FRISKSP: Computer Programs for the Estimation of Peak Horizontal Acceleration from Southern California Historical Earthquakes. California Geological Survey, (2003). Seismic Shaking Hazards in California, Based on the USGS/CGS Probabilistic Seismic Hazards Assessment(PSHA)Model, 2002 (revised April 2003), 10.0 probability of being exceeded in SO years, retrieved April 5, 2004 from http://hvvv�N cons r\.ca.gov/c s/rghm/pshamap/pshamain.html Geotechnics Incorporated (2004). Proposal for Geotechnical Services, DeWald Mackinnon Property, Encinitas, California,Proposal No. 04-029,Document No.04-0139,February 4. International Conference of Building Officials (1997). Uniform Building Code (with California Amendments)Title 23. Southern California Earthquake Center(1999). Recommended Procedures for Implementation of DMG Special Publication 117, Guidelines forAnalyzingandMitigatingLiquefaction Hazards in California,University of Southern California, 60 p. Tan, S.S., and Kennedy, M.P. (1996). Geologic Maps of the Northwestern Part of San Diego County, California, CDMG Open File Report 96-02, Scale: 1:24,000. Wesnousky, S. G. (1986). Earthquakes, Quaternary Faults, and Seismic Hazard in California: Journal of Geophysical Research, v. 91,no. B12, p. 12587-12631. Youngs, RR., and Coppersmith, K.J. (1985). Implications of Fault Slip Rates and Earthquake Recurrence Models to Probabilistic Seismic Hazard Estimates,Bulletin of the Seismological Society of America, vol. 75,no. 4, pp. 939-964. Geotechnics Incorporated APPENDIX B SUBSURFACE EXPLORATION Field exploration consisted of a visual reconnaissance of the site and the excavation of four 6-inch diameter solid-stem auger borings on March 11, 2004. The borings were advanced with a track- mounted limited access drill rig to a maximum depth of 20 feet below existing grades. The approximate locations of the borings are shown on the Geotechnical Map,Figure 2. Logs describing the subsurface conditions encountered are presented in the following Figures B-I through B-4. Relatively undisturbed samples were collected using a California(CAL)sampler. The CAL sampler is a ring-lined tube with an inside diameter of 2%inches and an outside diameter of 3 inches. The ring samples were sealed in plastic bags,placed in rigid plastic containers,labeled,and returned to the laboratory for testing. In addition to obtaining CAL samples,standard penetration testing(SPT) was also performed. The SPT sampler is a split tube with an inside diameter of 1%inches and an outside diameter of 2 inches. The hammer used to drive the CAL and SPT samplers weighed 140 pounds, with a free fall of 30 inches. The number of blows needed to drive the CAL and SPT samplers 12 inches is shown on the logs. Bulk samples were also obtained from auger cuttings at selected intervals. The approximate locations of the bulk samples are indicated on the logs with shading. California ring samples are indicated on the logs with the abbreviation"CAL". Standard Penetration Test samples are indicated on the logs with the abbreviation"SPT". The borings were located by visually estimating and pacing distances from landmarks shown on the Geotechnical Map provided by the project civil engineer. The locations should not be considered more accurate than is implied by the method of measurement used and the scale of the map. The lines designating the interface between different soils on the logs may be abrupt or gradational. Further,soil conditions at locations between the borings may be substantially different from those at the specific locations explored. It should be recognized that the passage of time could result in changes in the soil conditions reported in our logs. Geotechnics Incorporated LOG OF EXPLORATION BORING NO. 1 Logged by: JCS Date Drilled: 3/11/2004 Method of Drilling: 64nch diameter solid-stem auger Elevation: 229' MSL U. a v W 0. y N W DESCRIPTION LAB TESTS CL 3 -j z N ° m e m o 1 FILL: Silty sand(SM),light brown,fine,dry,medium dense. 2 Gradation 3 26 $Pr UNNAMED TERRACE DEPOSITS: Silly sand(SM),light brown,fine to Sulfate medium,moist,medium dense to very dense. Expansion Index 4 5 50/ 6 7" 7 8 9 Hard drilling. 10 11 60 S 12 Total depth: 111A feet 13 No groundwater encountered 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 PROJECT NO.0917-001-00 GEOTECHNICS INCORPORATED FIGURE B-1 LOG OF EXPLORATION BORING NO. 2 Logged by: JCS Date Drilled: 3/11/2004 Method of Drilling: 64nch diameter solid-stem auger Elevation: 223' MSL I.-U. W LL at F a Ja R i Wa H a DESCRIPTION LAB TESTS a 3 W Y f/1 rA 0 70 -i R m W 1 FILL: Silty sand(SM),reddish brown,fine to medium,moist,medium dense. 2 Gradation 3 10 spT 4 UNNAMED TERRACE DEPOSITS: Silty sand(SM),reddish brown,fine to medium,dry to moist,medium dense to dense. 5 6 35 CAL 7 8 9 10 19 sPT 11 12 13 Moist,some cementation. 14 15 16 41 CAL 17 18 TORREY SANDSTONE: Silty sandstone,light gray,fine grained,moist, vvealdy to moderately cemented. 19 32 VT 20 21 Total depth: 20 feet No groundwater encountered 22 23 24 25 26 27 28 29 30 PROJECT NO.0917-001-00 GEOTECHNICS INCORPORATED FIGURE B-2 LOG OF EXPLORATION BORING NO. 3 Logged by: JCS Date Drilled: 3/11/2004 Method of Drilling: 64nch diameter solid-stem auger Elevation: 222'/2' MSL f= U. a a °W N w DESCRIPTION LAB TESTS 0. m uj he 0 0 � w o m o m o 1 FILL: Silty sand(SM),reddish brown,fine to medium,moist,loose to medium dense. 2 3 6 CAL UNNAMED TERRACE DEPOSITS: Silty sand(SM),red brown,fine to medium,dry to moist,medium dense to very dense. 4 5 6 18 svr 7 8 Becomes 9 Harder drilling. 10 501 11 6" CAL 12 13 75/ WT 8" 14 Total depth: 1334 feet 15 No groundwater encountered 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 PROJECT NO.0917-001-00 GEOTECHNICS INCORPORATED FIGURE 13-3 LOG OF EXPLORATION BORING NO. 4 Logged by: JCS Date Drilled: 3111/2004 Method of Drilling: 6-inch diameter solid-stem auger Elevation: 228' MSL t= a 0. ii v aE W y N oc DESCRIPTION LAB TESTS W 3' > J 2 as N to p m � ie 1 FILL: Silty sand(SM),reddish brown,fine to medium,moist,loose to medium dense. Gradation 2 105 10 Sulfate 3 21 CAL UNNAMED TERRACE DEPOSITS: Silty sand(SM),red brown,fine to Expansion Index medium,dry to moist,medium dense to dense. Direct Shear 4 5 6 36 *Ff 7 8 9 10 11 32 ePr 12 13 14 15 16 29 spr 17 Total depth: 161A feet 18 No groundwater encountered 19 20 21 22 23 24 25 26 27 28 29 30 PROJECT NO.0917-001-00 GEOTECHNICS INCORPORATED FIGURE B-4 APPENDIX C LABORATORY TESTING Laboratory testing was conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in the same locality. No warranty,express or implied,is made as to the correctness or serviceability of the test results,or the conclusions derived from these tests. Where a specific laboratory test method has been referenced,such as ASTM,Caltrans,or AASHTO,the reference applies only to the specified laboratory test method and not to associated referenced test method(s)or practices. The referenced test method referenced has been used only as a guidance document for the general performance of the test and not as a"Test Standard." A brief description of the tests performed follows: Classification: Soils were classified visually according to the Unified Soil Classification System as established by the American Society of Civil Engineers. Visual classification was supplemented by laboratory testing of selected soil samples and classification in general accordance with the laboratory soil classification tests outlined in ASTM test method D2487-00. The resultant soil classifications are shown on the boring logs in Appendix B. Particle Size Analysis: Particle size analysis was performed in general accordance with ASTM D422-63. The results are presented in Figures C-1.1 through C-1.3. Expansion Index: The expansion potentials of selected samples were estimated in general accordance with the laboratory procedures outlined in ASTM test method D4829-95. The test results are summarized in Figure C-2. Figure C-2 also presents the UBC criteria for evaluating the relative expansion potential of a soil based on the expansion index. Sulfate Content: To assess the potential for reactivity with below grade concrete, a selected soil sample was tested for water soluble sulfate content. The water soluble sulfate was extracted under vacuum from the soil using a 10:1 (water to dry soil)dilution ratio(or diluted as necessary and then corrected back to reflect a 10:1 dilution ratio). The extracted solution was then tested for water soluble sulfate in general accordance with ASTM D516-02. The results are also presented in Figure C-2,along with the UBC criteria for evaluating the relative sulfate exposure. Direct Shear: The shear strength of a selected sample was assessed using direct shear testing in general accordance with ASTM D3080-98. The test results are summarized in Figure C-3. Geotechnics Incorporated g o o 7 o C) v U J H_ X r °I w 'D o UJ O W J J Z z m 0 V O O ~ O U C) 0 d g a go a 0 o U = Q J_ z F o a 0 o li w g CD LL o co co 72 w N Q C (n M U m m � V � w O a w W U vi co LL Q Z_ W U CCS w O z V 0.4 U- i • 4 CO r i-4 J O ch Q W H y u, � o a z w v O m ih Q cQn $ O 8 8i a$ ° X 34BlaM Aq jauld 3uaaJsd w § kC:) ^ q ■ ° 9 — \ \ � CAk wCD T----T--------------------- 2 k 0 & ƒ 5 � 00 � \ « R uj U3 z / 3 2 ®Q \ / � � 70 z k � CO ------------- --- Z ------- ------ O ------------- ------ C) ------ k 6 � R § _ CO) k f I \ * Q $ o \ \ k ■ U c � F § \ e CO o § 2 k � 0 M 2 ¢ 2 } L k 0 K ui C) © � � o \ � ® ƒ / u 0 \ w K w % g w It X22 0 \ X02 � % < $ 8 0 a. 145pmAau IUGOJa w C6 8 o ° M o U o J 1_- H_ X r W 0 0 R W D Z ° CID In U o (7 W F- Z LL a -' g o > a p °o U >+ Z = Q J_ rZ r °o U o LL °° d U) Rn � W g Z ° LL Z J c O — d M U �n a m > D g w � = U �O W J Z l0 O O U W W U uj cn w Q G U O RS W Q ch ° LL V CID r S- J Q W H (U Li J m W ++F-i W d w co Q Z W y ° cn 0 2 L7 � U) 8 0 8 S x ;4BpM Aq jaul_q 3uWJad w LABORATORY TEST RESULTS (ASTM D4829 and D516) EXPANSION SULFATE SAMPLE DESCRIPTION INDEX CONTENT[%] B-1 @ l'—4' Light brown silty sand(SM). 0 <0.01 B-4 @ F—4' Reddish brown silty sand(SM). 0 0.02 SOLUBLE SULFATE CRITERIA (UBC Table 19-A-4) WATER SOLUBLE SULFATE(SO4) [%J SULFATE EXPOSURE 0.00 to 0.10 Negligible 0.10 to 0.20 Moderate 0.20 to 2.00 Severe Over 2.00 Very Severe EXPANSION INDEX CRITERIA (UBC Table 18-I-B) EXPANSION INDEX POTENTIAL EXPANSION 0 to 20 Very low 21 to 50 Low 51 to 90 Medium 91 to 130 High Above 130 Very High Geotechnics Project No. 0917-001-00 Incorporated LABORATORY TEST RESULTS Document No. 04-0302 Figure C-2 HYDROLOGY CALCULATIONS For MACKINNON AVE. GP DRAWING: _ APN: 260-394-08,260-316-01&07 ENCINITAS, CALIFORNIA Prepared For So JOHN DEWALD 1855 FREDA LANE �.- ENCINITAS, CA 92024 �`N�Eitl^1G CEN S PSS PE 1033F2 FN t FEN y- PREPARED BY: -- PASCO ENGINEERING, INC. 535 N. HIGHWAY 101, SUITE A SOLANA BEACH, CA 92075 (858)259-8212 �pP�OFES�, Jus DATE: 1-24-06 ��' -NI, s� Cgsm * EXP m �CALIFOR�\P WILLIAM/JUSTIN' ILLIAM STIN SUITER RCE. 68964 DATE Dewald Hydrology Report PE#1033F2 9:19 AM 1/30/2006 HYDROLOGY STUDY FOR MACKINNON AVE. PE 1033F2 TABLE OF CONTENTS SECTION DISCUSSION...............................................................................A CONCLUSION..................... B PRE DEVELOPMENT HYDROLOGY CALCULATIONS ......................0 POST DEVELOPMENT HYDROLOGY CALCULATIONS.....................D APPENDIX................................................................................E Isopluvials Intensity Duration Curve Runoff Coefficients Hydrology Map Dewald Hydrology Report PE#1033F2 1:50 PM 1/2512006 HYDROLOGY STUDY FOR MACKINNON AVE. PE 1033F2 A. INTRODUCTION The purpose of this report is to analyze the storm water runoff of the existing and post- developed conditions produced in the event of a 100 year storm for the lots located at Mackinnon Ave. and Birmingham Dr. The subject property is physically located approximately 720 feet west of the intersection of Birmingham Drive and Interstate 5, Encinitas, California. The property is geographically located at N 33°01'33"E °— 117 016'39". Pre-Developed Conditions The existing condition of the project site consists of 2 single family homes. The -` existing site contains a ridge at the rear of the lot which slopes sharply down to the east, and gradually down to the west. The existing vegetation consists of native trees and small bushes. Storm water on this site sheet flows in two directions: east across neighboring properties(same owner)until it reaches Carol View Dr. and west until it reaches Mackinnon Ave. at the intersection of Birmingham Dr. The water then travels south down Carol View Dr. and west down Birmingham Dr., respectively. The existing 100 year runoff at the easterly property line of the site is 0.17 cfs. The existing 100 year runoff at the westerly property line of the site is 0.82 cfs. The proposed structures will maintain the existing flow conditions. Post- Development Conditions The proposed development consists of the demolition of two single family residences, and the construction of 3 single family homes with hardscape areas and driveways. The subterranean garages require sump-and-pump systems that collect water via trench grate and discharges to Mackinnon Ave. The discharge at Mackinnon Ave, as well as rear runoff flowing onto Carol View Dr. will continue to existing street flow conditions. Proposed 100-year runoff at the east is 0.2 cfs and to the west, 0.84 cfs. Methodology and Results The hydrologic soil group classification for the site is"D". The methodology used herein _ to determine Qioo is the modified rational method. The computer modeling program utilized to perform the hydrologic analysis of the proposed project site is produced by Advanced Engineering Software(AES2003). The pre and post-development runoff coefficients, used to analyze the both conditions, were obtained from Table 3-1 of the June 2003 revision of the San Diego County Hydrology Manual. Dewald Hydrology Report PE#1033F2 1:50 PM 1/25/2006 HYDROLOGY STUDY FOR MACKINNON AVE. PE 1033F2 B. CONCLUSION Based on the information and calculations contained in this report it is the professional opinion of Pasco Engineering, Inc. the proposed drainage systems will adequately intercept, contain and convey QIoo to the appropriate points of discharge. Dewald Hydrology Report PE#1033F2 1:50 PM 1/25/2006 HYDROLOGY STUDY FOR MACKINNON AVE. PE 1033F2 C. PRE DEVELOPMENT HYDROLOGY CALCULATIONS Dewald Hydrology Report PE# 1033F2 11:22 AM 1/25/2006 HYDROLOGY STUDY FOR MACKINNON AVE. -° PE 1033F2 **************************************************************************** RATIONAL METHOD HYDROLOGY COMPUTER PROGRAM PACKAGE Reference: SAN DIEGO COUNTY FLOOD CONTROL DISTRICT 2001,1985,1981 HYDROLOGY MANUAL (c)Copyright 1982-2002 Advanced Engineering Software(aes) Ver. 1.5A Release Date:01/01/2002 License ID 1452 Analysis prepared by: Pasco Engineering ` 535 N.Highway 101 Suite A Solana Beach,Ca 92075 DESCRIPTION OF STUDY************************** *PRE-DEVELOPMENT HYDROLOGY STUDY FOR 100 YEAR STORM *PE1033172 MACKINNON AVE *FOR JOHN DEWALD ************************************************************************** FILE NAME: 10332PRE.DAT TDAE/DATE OF STUDY: 10:43 01/25/2006 USER SPECIFIED HYDROLOGY AND HYDRAULIC MODEL INFORMATION: 1985 SAN DIEGO MANUAL CRITERIA USER SPECIFIED STORM EVENT(YEAR)= 100.00 6-HOUR DURATION PRECIPITATION(INCHES)= 2.500 SPECIFIED MINIMUM PIPE SIZE(INCH)= 3.00 SPECIFIED PERCENT OF GRADIENTS(DECIMAL)TO USE FOR FRICTION SLOPE=0.95 __. SAN DIEGO HYDROLOGY MANUAL,,C"-VALUES USED FOR RATIONAL METHOD NOTE:ONLY PEAK CONFLUENCE VALUES CONSIDERED *USER-DEFINED STREET-SECTIONS FOR COUPLED PIPEFLOW AND STREETFLOW MODEL* HALF- CROWN TO STREET-CROSSFALL: CURB GUTTER-GEOMETRIES: MANNING WIDTH CROSSFALL IN- /OUT-/PARK- HEIGHT WIDTH LIP HIKE FACTOR NO. (FT) (FT) SIDE/SIDE/WAY (FT) (FT) (FT) (FT) (n) 1 30.0 20.0 0.01810.018/0.020 0.67 2.00 0.0312 0.167 0.0150 GLOBAL STREET FLOW-DEPTH CONSTRAINTS: 1.Relative Flow-Depth= 0.00 FEET as(Maximum Allowable Street Flow Depth)-(Top-0f--Curb) 2. (Depth)*(Velocity)Constraint= 6.0(FT*FT/S) *SIZE PIPE WITH A FLOW CAPACITY GREATER THAN OR EQUAL TO THE UPSTREAM TRIBUTARY PIPE.* **************************************************************************** FLOW PROCESS FROM NODE 1.00 TO NODE 1.10 IS CODE= 21 »»>RATIONAL METHOD INITIAL SUBAREA ANALYSIS««< *USER SPECIFIED(SUBAREA): USER-SPECIFIED RUNOFF COEFFICIENT=.5700 Dewald Hydrology Report PE#1033F2 11:22 AM 1/25/2006 HYDROLOGY STUDY FOR MACKINNON AVE. PE 1033F2 S.C.S.CURVE NUMBER(AMC II)= 0 INITIAL SUBAREA FLOW-LENGTH= 92.00 UPSTREAM ELEVATION= 231.20 DOWNSTREAM ELEVATION= 222.70 ELEVATION DIFFERENCE= 8.50 URBAN SUBAREA OVERLAND TIME OF FLOW(MINUTES)= 4.361 *CAUTION: SUBAREA SLOPE EXCEEDS COUNTY NOMOGRAPH DEFINITION.EXTRAPOLATION OF NOMOGRAPH USED. TIME OF CONCENTRATION ASSUMED AS 6-MIINUTES 100 YEAR RAINFALL INTENSITY(INCH/HOUR)= 5.856 SUBAREA RUNOFF(CFS)= 0.63 TOTAL AREA(ACRES)= 0.19 TOTAL RUNOFF(CFS)= 0.63 +-----------------------------------------------------------+ +--------------------------------------------------------- FLOW PROCESS FROM NODE 1.00 TO NODE 1.20 IS CODE= 21 »»>RATIONAL METHOD INITIAL SUBAREA ANALYSIS««< ----------- *USER SPECIFIED(SUBAREA): USER-SPECIFIED RUNOFF COEFFICIENT=.5700 S.C.S.CURVE NUMBER(AMC II)= 0 INITIAL SUBAREA FLOW-LENGTH= 33.00 UPSTREAM ELEVATION= 231.20 DOWNSTREAM ELEVATION= 225.60 – ELEVATION DIFFERENCE= 5.60 URBAN SUBAREA OVERLAND TIME OF FLOW(MINUTES)= 2.133 *CAUTION: SUBAREA SLOPE EXCEEDS COUNTY NOMOGRAPH DEFINITION.EXTRAPOLATION OF NOMOGRAPH USED. TIME OF CONCENTRATION ASSUMED AS 6-MINUTES 100 YEAR RAINFALL INTENSITY(INCH/HOUR)= 5.856 SUBAREA RUNOFF(CFS)= 0.07 TOTAL AREA(ACRES)= 0.02 TOTAL RUNOFF(CFS)= 0.07 **************************************************************************** FLOW PROCESS FROM NODE 2.00 TO NODE 2.10 IS CODE= 21 »»>RATIONAL METHOD INITIAL SUBAREA ANALYSIS««< — ----------_ -- *USER SPECIFIIED(SUBAREA): USER-SPECIFIED RUNOFF COEFFICIENT=.5700 S.C.S. CURVE NUMBER(AMC In= 0 INITIAL SUBAREA FLOW-LENGTH= 62.00 UPSTREAM ELEVATION= 231.10 DOWNSTREAM ELEVATION= 221.40 ELEVATION DIFFERENCE= 9.70 -- URBAN SUBAREA OVERLAND TIME OF FLOW(MINUTES)= 3.004 *CAUTION: SUBAREA SLOPE EXCEEDS COUNTY NOMOGRAPH DEFINITION.EXTRAPOLATION OF NOMOGRAPH USED. TIME OF CONCENTRATION ASSUMED AS 6-MI1-4UTES 100 YEAR RAINFALL INTENSIIY(INCH/HOUR)= 5.856 Dewald Hydrology Report PE#1033F2 11:22 AM 1/25/2006 HYDROLOGY STUDY FOR MACKINNON AVE. - PE 1033F2 SUBAREA RUNOFF(CFS)= 0.10 j TOTAL AREA(ACRES)= 0.03 TOTAL RUNOFF(CFS)= 0.10 **************************************************************************** FLOW PROCESS FROM NODE 3.00 TO NODE 3.10 IS CODE= 21 »»>RATIONAL METHOD INITIAL SUBAREA ANALYSIS««< *USER SPECIFIED(SUBAREA): USER-SPECIFTED RUNOFF COEFFICIENT=.5700 S.C.S.CURVE NUMBER(AMC 11)= 0 INITIAL SUBAREA FLOW-LENGTH= 76.00 UPSTREAM ELEVATION= 231.10 DOWNSTREAM ELEVATION= 222.90 ELEVATION DIFFERENCE= 8.20 URBAN SUBAREA OVERLAND TIME OF FLOWOIINUTES)= 3.764 *CAUTION: SUBAREA SLOPE EXCEEDS COUNTY NOMOGRAPH DEFINITION.EXTRAPOLATION OF NOMOGRAPH USED. TIME OF CONCENTRATION ASSUMED AS 6-MINUTES 100 YEAR RAINFALL INTENSTTY(INCH/HOUR)= 5.856 SUBAREA RUNOFF(CFS)= 0.19 TOTAL AREA(ACRES)= 0.06 TOTAL RUNOFF(CFS)= 0.19 END OF STUDY SUMMARY: TOTAL AREA(ACRES) = 0.06 TC(MIN.)= 6.00 PEAK FLOW RATE(CFS) = 0.19 END OF RATIONAL METHOD ANALYSIS Dewald Hydrology Report PE#10331`2 11:22 AM 1/25/2006 HYDROLOGY STUDY FOR MACKINNON AVE. PE 1033F2 D. POST DEVELOPMENT HYDROLOGY CALCULATIONS Dewald Hydrology Report PE#10331`2 11:22 AM 1/25/2006 HYDROLOGY STUDY FOR MACKINNON AVE. - PE 1033F2 **************************************************************************** RATIONAL METHOD HYDROLOGY COMPUTER PROGRAM PACKAGE Reference: SAN DIEGO COUNTY FLOOD CONTROL DISTRICT 2001,1985,1981 HYDROLOGY MANUAL (c)Copyright 1982-2002 Advanced Engineering Software(aes) Ver. 1.5A Release Date:01/01/2002 License ID 1452 Analysis prepared by: Pasco Engineering 535 N.Highway 101 Suite A Solana Beach,Ca 92075 **************************DESCRIPTION OF STUDY************************** *POST-DEVELOPMENT HYDROLOGY STUDY FOR 100 YEAR STORM * PE 1033F2 MACKINNON *FOR JOHN DEWALD FILE NAME: 10332PST.DAT TIlAE/DATE OF STUDY: 10:48 01/25/2006 --------------------------- USER SPECIFIED HYDROLOGY AND HYDRAULIC MODEL INFORMATION: ------------------------- 1985 SAN DIEGO MANUAL CRITERIA USER SPECH71ED STORM EVENT(YEAR)= 100.00 6-HOUR DURATION PRECIPITATION(INCHES)= 2.500 SPECIFIED MINIMUM PIPE SIZE(INCH)= 3.00 SPECIFIED PERCENT OF GRADIENTS(DECIMAL)TO USE FOR FRICTION SLOPE=0.95 SAN DIEGO HYDROLOGY MANUAL"C"-VALUES USED FOR RATIONAL METHOD NOTE:ONLY PEAK CONFLUENCE VALUES CONSIDERED *USER-DEFINED STREET-SECTIONS FOR COUPLED PIPEFLOW AND STREETFLOW MODEL* HALF- CROWN TO STREET-CROSSFALL: CURB GUTTER-GEOMETRIES: MANNING WIDTH CROSSFALL IN- /OUT-/PARK- HEIGHT WIDTH LIP HIKE FACTOR NO. (FT) TI) SIDE/SIDE/WAY (FT) (FT) (FT) (FT) (n) 1 30.0 20.0 0.01810.018/0.020 0.67 2.00 0.0312 0.167 0.0150 GLOBAL STREET FLOW-DEPTH CONSTRAINTS: 1.Relative Flow-Depth= 0.00 FEET as(Maximum Allowable Street Flow Depth)-(Top-of--Curb) 2. (Depth)*(Velocity)Constraint= 6.0(FT*FT/S) *SIZE PIPE WITH A FLOW CAPACITY GREATER THAN OR EQUAL TO THE UPSTREAM TRIBUTARY PIPE. FLOW PROCESS FROM NODE 1.00 TO NODE 1.10 IS CODE= 21 ------------------------------- »»>RATIONAL METHOD INITIAL SUBAREA ANALYSIS««< ---- --------- _-- *USER SPECIFIED(SUBAREA): USER-SPECIFIED RUNOFF COEFFICIENT=.6000 S.C.S.CURVE NUMBER(AMC 11)= 0 Dewald Hydrology Report PE#10331=2 11:22 AM 1/25/2006 HYDROLOGY STUDY FOR MACKINNON AVE. -- PE 1033F2 INITIAL SUBAREA FLOW-LENGTH= 120.00 UPSTREAM ELEVATION= 229.50 DOWNSTREAM ELEVATION= 222.00 ELEVATION DIFFERENCE= 7.50 URBAN SUBAREA OVERLAND TIME OF FLOW(NIINUTES)= 5.353 *CAUTION: SUBAREA SLOPE EXCEEDS COUNTY NOMOGRAPH DEFINITION.EXTRAPOLATION OF NOMOGRAPH USED. TIME OF CONCENTRATION ASSUMED AS 6-MINUTES 100 YEAR RAINFALL INTENSI TY(INCH/HOUR)= 5.856 SUBAREA RUNOFF(CFS)= 0.57 TOTAL AREA(ACRES)= 0.16 TOTAL RUNOFF(CFS)= 0.57 --------------------------------------------------------------- +---------------------------------------------I-----------------+ **************************************************************************** FLOW PROCESS FROM NODE 1.00 TO NODE 1.20 IS CODE= 21 -------------------------------------- »»>RATIONAL METHOD INITIAL SUBAREA ANALYSIS««< *USER SPECIFIED(SUBAREA): -- USER-SPECIFIED RUNOFF COEFFICIENT=.6o00 S.C.S.CURVE NUMBER(AMC II)= 0 INITIAL SUBAREA FLOW-LENGTH= 35.00 UPSTREAM ELEVATION= 229.50 DOWNSTREAM ELEVATION= 221.40 ELEVATION DIFFERENCE= 8.10 URBAN SUBAREA OVERLAND TIME OF FLOW(MINUTES)= 1.869 *CAUTION: SUBAREA SLOPE EXCEEDS COUNTY NOMOGRAPH DEFINITION.EXTRAPOLATION OF NOMOGRAPH USED. TIME OF CONCENTRATION ASSUMED AS 6-MINUTES 100 YEAR RAINFALL INTENSITY(INCH/HOUR)= 5.856 SUBAREA RUNOFF(CFS)= 0.11 TOTAL AREA(ACRES)= 0.03 TOTAL RUNOFF(CFS)= 0.11 **************************************************************************** FLOW PROCESS FROM NODE 2.00 TO NODE 2.10 IS CODE= 21 ------------------------------------- »»>RATIONAL METHOD INITIAL SUBAREA ANALYSIS««< *USER SPECIFIED(SUBAREA): -- -- USER-SPECIFIED RUNOFF COEFFICIENT=.6000 S.C.S. CURVE NUMBER(AMC H)= 0 INITIAL SUBAREA FLOW-LENGTH= 57.00 UPSTREAM ELEVATION= 230.70 DOWNSTREAM ELEVATION= 220.50 ELEVATION DIFFERENCE= 10.20 URBAN SUBAREA OVERLAND TIME OF FLOWMINUTES)= 2.598 *CAUTION: SUBAREA SLOPE EXCEEDS COUNTY NOMOGRAPH DEFINITION.EXTRAPOLATION OF NOMOGRAPH USED. TIME OF CONCENTRATION ASSUMED AS 6-MINUTES 100 YEAR RAINFALL INTENSI TY(INCH/HOUR)= 5.856 SUBAREA RUNOFF(CFS)= 0.09 Dewald Hydrology Report PE# 1033172 11:22 AM 1/25/2006 HYDROLOGY STUDY FOR MACKINNON AVE. PE 1033F2 TOTAL AREA(ACRES)= 0.03 TOTAL RUNOFF(CFS)= 0.09 **************************************************************************** -FLOW PROCESS FROM NODE 3.00 TO NODE 3.10 IS CODE= 21 -------–---------------- ---____---- »»>RATIONAL METHOD INITIAL SUBAREA ANALYSIS««< *USER SPECIFIED(SUBAREA): - USER-SPECIFIED RUNOFF COEFFICIENT=.6000 S.C.S. CURVE NUMBER(AMC H)= 0 INITIAL SUBAREA FLOW-LENGTH= 110.00 UPSTREAM ELEVATION= 230.70 T DOWNSTREAM ELEVATION= 223.00 ELEVATION DIFFERENCE= 7.70 URBAN SUBAREA OVERLAND TI11ffi OF FLOW(MINUTES)= 4.935 *CAUTION: SUBAREA SLOPE EXCEEDS COUNTY NOMOGRAPH DEFINITION.EXTRAPOLATION OF NOMOGRAPH USED. TIlVIE OF CONCENTRATION ASSUMED AS 6-MINUTES 100 YEAR RAINFALL INTENSITY(INCH/HOUR)= 5.856 SUBAREA RUNOFF(CFS)= 0.27 TOTAL AREA(ACRES)= 0.08 TOTAL RUNOFF(CFS)= 0.27 _ END OF STUDY SUMMARY: TOTAL AREA(ACRES) = 0.08 TC(MIN.)= 6.00 PEAK FLOW RATE(CFS) = 0.27 END OF RATIONAL METHOD ANALYSIS --__— Dewald Hydrology Report - PE#1033F2 11:22 AM 1/25/2006 HYDROLOGY STUDY FOR MACKINNON AVE. PE 1033F2 E. APPENDIX Dewald Hydrology Report _. PE#1033F2 11:22 AM 1/25/2006 � 1 r AA _,.4 r rJ j ^ i ' f 1 M 2 k fl Jz r r W I P I N N ry N N N N . Q f4 NAM N P4 r 1 \ •\:fir'`.. .��`�' i � it � '� r �• \\�\`•.�\\ \\\ \\\\\\�\ \ \\\\ \\\� �� I UL \ i /'� � I, — - --_-_ .•• `__--`_.^---_� __-_._'-____` std I ale ' ►�. / ,/ ` vF - 41f . 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R r: iO c ca U W ,Q N N 6Ci W W m q C,i a0 ,� O 4 i "cc 'C3 y u a3 i3 v `3 0 ° °-° e e w � a. rx ,x a rx r~ a a a a Z v o a v � � � en CS rn 2 O Ll to Cc m s " o fl ° 'v o o `3 v d m as :a m m u •zo "vR, o o o° r� �° °' v v �+ � �+ QC v .a F E ' y U z z RL' y y m • ' 0.� CL b G '° c 'qo `'' v c c•• � A q " � u „ „ � ,U � n u 'fib "[ao 1 0 ° c ¢ V x x U U U 0 0 0 = Az Worksheet Worksheet for Triangular Channel Project Description Project File Oprogram filesXhaestedlacademic%fmw11033 f.fm2 Worksheet CURB&GUTTER Flow Element Triangular Channel Method Manning's Formula Solve For Channel Depth Input Data Mannings Coefficient 0.013 Channel Slope 0.005000 ft/ft Left Side Slope 0.333000 H :V Right Side Slope 10.640000 H :V Discharge 0.84 cfs _ Results Depth 0.27 ft Flow Area 0.41 ft2 Wetted Perimeter 3.21 ft Top Width 3.00 ft Critical Depth 0.27 ft Critical Slope 0.005248 ft(ft Velocity 2.05 ft/s Velocity Head 0.07 ft Specific Energy 0.34 ft Froude Number 0.98 Flow is subcritical. 01/25/06 Academic Edition 02:14:24 PM Haestad Methods,Inc. 37 Brookside Road Waterbury,CT 06708 FlowMa Pa er of (203)755-1666 1 .... ge 1 of 1 Cross Section Cross Section for Triangular Channel P- roiect Description Project File Oprogram fileslhaested%academicVmYA1033 f.fm2 Worksheet CURB&GUTTER - Flow Element Triangular Channel Method Manning's Formula Solve For Channel Depth Section Data — Mannings Coefficient 0.013 Channel Slope 0.005000 fttft Depth 0.27 ft Left Side Slope 0.333000 H:V Right Side Slope 10.640000 H :V Discharge 0.84 cfs 0.27 ft 1N V H 1 NTS 01/25/06 Academic Edition 02:14:32 PM Haestad Methods,Inc. 37 Brookside Road Waterbury,CT 06708 FbwMasber vof I _._ (203)755-1666 Page 1 of 1 Worksheet Worksheet for Triangular Channel Project Description Project File c:lprogram filesXhaestedkacademic1fmwN033 f.fm2 Worksheet CURB&GUTTER Flow Element Triangular Channel Method Manning's Formula Solve For Discharge Input Data Mannings Coefficient 0.013 Channel Slope 0.022000 ft/ft Depth 0.13 ft Left Side Slope 0.333000 H :V Right Side Slope 10.640000 H V Results Discharge 0.22 cfs Flow Area 0.09 ft2 Wetted Perimeter 1.47 ft Top Width 1.37 ft Critical Depth 0.16 ft Critical Slope 0.006280 ft/ft Velocity 2.55 ft/s Velocity Head 0.10 ft Specific Energy 0.23 ft Froude Number 1.80 Flow is supercritical. 01/25/06 Academic Edition 02:25:19 PM Haestad Methods,Inc. 37 Brookside Road Waterbury,CT 06708 {203)755-1666 FlowMaster of I -- Page 1 of 1 Cross Section Cross Section for Triangular Channel Project Description Project File Oprogram files1haestedlacademiclfmw11033 f.fm2 Worksheet CURB&GUTTER Flow Element Triangular Channel Method Manning's Formula Solve For Discharge Section Data Mannings Coefficient 0.013 Channel Slope 0.022000 ft/ft Depth 0.13 ft Left Side Slope 0.333000 H :V Right Side Slope 10.640000 H :V Discharge 0.22 cfs 0.13 ft 1 V N H 1 NTS 01/25M 02:25:30 PM Academic Eddion FlowMaster v5.17 Haestad Methods,Inc. 37 Brookside Road Waterbury,CT 06708 (203)755-1666 Page 1 of 1 Update of Geotechnical Investigation 2001, 2005, and 2009 Mackinnon Avenue Encinitas, CA 92007 For John DeWald & Associates February 5, 2010 j'F.N. 2007-101.1 JIEFFIERY GEOLOGIC SIERVICiES Engineering Geologic Services 44o Sandalwood Court,Encinitas,CA 92024 T(760)473-4117 F(760)753-2904 Email:RnkjcffcryCSBCGlobal.net JEFFERY GEOLOGIC SERVICES Engineering Geologic .services John DeWald & Associates February 5, 2010 1855 Freda Lane, F.N. 2007-101.1 Cardiff, CA 92007 Subject: Update of Geotechnical Investigation 2001, 2005, and 2009 Mackinnon Avenue Encinitas, CA 92007 Dear Mr. De Wald, Pursuant to your request an updated Geotechnical investigation has been performed on the subject property. The borings performed in the original investigation are still considered accurate and appropriate for the proposed development. Recommendations have been added and updated where needed to conform to the 2007 California Building Code, as is use by the City of Encinitas. The proposed development and construction of the homes is suitable for the location from an engineering geologic perspective, provided that the applicable recommendations are followed during the construction process. The site will be free of geotechnical problems provided the recommendations are followed. y. If you have any questions please do not hesitate to contact me. Best re ; �. w a ra bq� viii 4 G Ral has i W d p fury rn Preside ic Services Chief En 1`Xp N0 O 1- R.G.3815, 183 R.C.E. 35 7 CIVIL CAOVOR 44o Sandalwood Court-Encinitas-CA g2o24 1 TEL(76o)473-411714AX(76o)753-2914 Email Rnkjeffery@SBCGlobal.net JEFFERY GEOLOGIC SERVICES --� Engineering Geologic services 1.0 INTRODUCTION 1.1 Purpose Pursuant to your request, an engineering geologic investigation into the site located at the intersection of Mackinnon Road and Birmingham in the City of Encinitas has been conducted and is presented herein. The location of the site is shown below in figure 1. t4 +WZ311 NJ, rrxf, f IL Aa • WQ. •� •f RT' 1 � �4 Figure 1 Site Location Map 44o Sandalwood Courf-Encinitas-CA 92o24 2 TEL(76o)473-4117 FAX(76o)753-2904 Email RnkjcfferyLSBCGlobal.nct JEFFERY GEOLOGIC SERVICES Engineering Geologic services — Geotechnics Inc had previously investigated the site. In a report dated April 6, 2004 entitled: Report of Geotechnical Investigation MacKinnon Property, Encinitas, CA The purpose of this report was to "...evaluate the existing geotechnical conditions at the site as they relate to the proposed development and to make recommendations regarding the site preparation and grading and design of the proposed structures and improvements." In that regard the raw data that was presented in the Geotechnics report is considered accurate and representative of the onsite conditions as exposed onsite. The data is contained in the appendix of this report. Recommendations have been updated since the Geotechnics report was authored in 2004. 1.2 Site description — The site is a previously developed area that had been occupied by homes in the past. The site is nearly level with the exception of some excavation presumably done in accordance with the demolition of the previously existing homes. In central portion of the site there is an existing slope, which appears to have been an approximately 2:1 (horizontal to vertical). The slope appears to have been less than 10 feet in maximum height and was oriented in a north to south direction. The elevations range form about 222 MSL to 231 MSL (mean sea level). Near the top — of the slope are some large pine trees. The site addresses and APN numbers are as follows: 2001 Mackinnon Ave. APN: 260-316-13 2005 Mackinnon Ave. APN: 260-316-14 2009 Mackinnon Ave. APN: 260-316-15 4o Sandalwood Court-Encinitas-CA 92o24 3 TEL(76o)473-4117 FAX(760)753-2904 Email Rnkjeffery@SBCOobal.net JEFFERY GEOLOGIC SERVICES Engineering Geologic Services 1.3 Proposed Improvements The proposed improvements will include the construction of three single-family residences. Construction techniques are expected to be of conventional nature with slab on grade and perimeter footing providing support for the structures. The proposed layout is shown on figure 2. f S at TD-16V.- Figure 2 Site Map Modified from Geotechnics 2004 44o Sandalwood Court-Encinitas-CA 92o24 4 TEL(76o)473-4117 FAX(76o)753-2904 Email Rnkjef cry@SBCGlobal.net JEFFERY GEOLOGIC SERVICIES Engineering Geologic Services 1.4 Scope of Services The scope of services consisted of the following items: ➢ Site review to determine the engineering geologic and geotechnical conditions ➢ Review of appropriate regional geologic maps. ➢ Reviewing previous work by Geotechnics Incorporated ➢ Determination of conclusions and recommendations in accordance with 2007 CBC ➢ Determination of seismic concerns and design values in accordance with the 2007 CBC ➢ Preparation of this report with findings, conclusions and recommendations 2.0 INVESTIGATION 2.1 Site Conditions The site was visited to confirm the conditions. The exposures on site are of Terrace deposit sands. They are exposed in the demolition excavations. Fill was also observed on site. 2.2 Subsurface Investigation The investigation by Geotechnics Inc., consisted of drilling of 4 borings to depth of up to 20 feet. In no case was groundwater or seepage encountered bases upon these logs. The materials encountered were described as unnamed terrace deposits and apparently over-lie the Torrey Sandstone Formation where it is in an inter-fingering contact with the Del Mar Formation. A site review showed the an existing excavation presumably from the demolition of the existing homes and the condition as described in the Geotechnics report is consistent with these observations. 44o Sandalwood Court-Encinitas-CA g2)24 5 TEL(76o)473-4117 FAX(76o)753-2904 Email Rnkjel1ery@SBCGlobal.net jEFFIERY GEOLOGIC SERVICES Engineering Geologic .Services 2.3 Laboratory Testing The laboratory testing as performed by Geotechnics was reviewed. The results of the laboratory testing are considered accurate and still in effect. These test results are also considered consistent with the soil material, and terrace deposits exposed on site. The results of these tests are presented in the appendix to this report along with the boring logs. The recommendations presented herein are consistent with the laboratory results and findings onsite. 3.0 GEOLOGIC CONDITIONS Terrace deposits were found to overlie bedrock, at relatively shallow depths of about 17 to 20 feet. The terrace deposits are identified on the regional geologic map Open File Report 96-02, Geolo ig; c Maps of the Northwestern Part of San Diego County Encinitas and Rancho Santa Fe Quadrangle, and are consistent with the observations made as part of this work and the logs by Geotechnics. A portion of the map has been reproduced from the referenced report and is presented as figure 2. The terrace deposits identified on the map are designated Qt-4. These are dense sands, generally medium to coarse grained, with a thickly bedded to massive structure. These terrace deposits can be considered over consolidated materials, thus giving way to the dense nature of the deposit as a whole. These materials have been correlated with the Linda Vista Formation of central, coastal, San Diego County. Bedrock and Terrace deposits are not susceptible to liquefaction. In addition to that the deposits are slightly cemented via a calcareous cementation between grains adding to the dense and tightly packed structure. No layers of expansive clays were encountered or observed on site or in _ the test pits. No bedding,joints, or other significant forms of planar features were observed in the exposed conditions on site. /t4o Sandalwood Court-Encinitas-CA 92o24 6 TEL(760)473-4117 FAX(76o)753-2904 Email Rnkjeffery@SBCGlobal.net JIEFFIERY GEOLOGIC SERVICES Engineering Geologic Services Liquefaction occurs in soft, loose fine-grained sands and silts, with high water tables. The soils here are not classified as those susceptible to liquefaction. In addition, liquefaction requires groundwater levels usually with 75 feet of the surface in combination with normally consolidated fine sands and silts. The depth of groundwater is generally thought to be deeper than 100 feet in the area. Since these materials are terrace deposits, and are considered dense coarse-grained sands, liquefaction is not considered a possibility at this site. Examples of areas in the county possibly subject to liquefaction would include areas such as Mission Bay and Mission Valley along the river, which are underlain by loose, normally, consolidated, alluvial soils with high groundwater tables. Based on the geology of the site the potential for liquefaction is considered nil. Fill was identified in all boring done on site and in the existing exposures. The fill is derived from the Terrace Deposits and consists of silty sands. The existing fill is not suitable for the support of proposed structures and must be removed during site improvements. The fills may be reused if they are cleaned of deleterious materials and re-compacted. Groundwater was not encountered in any of the borings and is not likely to be a factor in the development. It is possible that limited, perched, groundwater may develop for short periods of time, during long and heavy rainfall years, but this should not be a factor in the suitability and stability of the site. 44o Sandalwood Court-Encinitas-CA 92024 7 TEL(760)473-4117 FAX(760)753-2904 Email RnkjefferyLSBCGobal.net JEFFERY GEOLOGIC SERVICIRS -- Engineering Geologic Services a 5 ryfi v- � w gY�t d PAY SC yY .W4' ill k 11 ,yx N % ��;; r �+t nifik. Fran ?aa� F zo P aport 46-07 �� '; NOP Figure 3 Geologic Map 44o Sandalwood Court-Encinitas-CA 92024 8 TIi;L(760)473-4117 FAX(760)753-2904 Entail R.nkjcffcryLSBCGlobal.net JEFFERY GEOLOGIC SERVICES Engineering Geologic Services 4.0 CONCLUSIONS The following conclusions are offered as a result of this investigation and review. The site is suitable for the proposed improvements. The following conclusions are presented: ■ No expansive soils were present on the lot. ■ Soil types encountered consisted of naturally occurring, dense,terrace deposits. The recommendations presented herein are consistent with the laboratory results and findings onsite. ■ The site is very unlikely to liquefy during a strong earthquake. ■ The proposed foundation design as recommended will be adequate in terms of depth to support the proposed loads,which are anticipated to be very light ordinary construction, (slab on grade, raised floor and wood frame). ■ The site will be subject to moderate ground shaking due to seismic events. However, little or no threat of inundation due to tsunami or sieches exists due to the height above sea level. ■ Seismic design should be done in accordance with Californian Building Code 2007 criteria as shown in the recommendations of this report. ■ The lot is stable, but may be locally subject to small-scale erosion, and as such, lot drainage and landscaping must be addressed. ■ There were no signs of cross instability on the lot and it is considered unlikely that any will develop. The site is not subject to significant amounts of naturally occurring settlement, differential settlement, creep, landsliding, and other forms of damaging land movement. _ 44o Sandalwood Court-Encinitas-CA 92o24 9 TEL(76o)473-4117 FAX(760)753-2904 Email RAjefferyLSBCGlobal.net JEMERY GEOLOGIC SIERVICIES Engineerl.ng Geologic Service, • Planting, irrigation and drainage will be significant factors in the final design of the new improvements. These issues should be addressed by a landscape architect in accordance with the considerations outlined herein. • All foundation systems and /or retaining walls systems should be designed by the structural engineer in accordance with the parameters presented herein. Where applicable, standard drawings may be used. All retaining walls shall be water proofed and drained, preferably by gravity means. _ • All foundations shall bear in similar materials I.E fill or firm natural ground as determined by the engineering geologist. 5.0 RECOMMENDATIONS The accompanying construction parameters should be incorporated into the design of the proposed improvements. This report shall be referenced as part of the job specifications on the construction plans. All criteria presented in Sections 5.0 should be incorporated into the plans for the new construction. The following recommendations have been prepared to assist the builder, other professionals, and the contractor in the completion of their duties. Conditions have been anticipated that will likely be encountered during the project have been addressed. If certain conditions are encountered which are not provided for herein, this office should be immediately contacted for further assessment. All previous recommendations from Geotechnics shall remain in effect except where superseded by this report. The site may be developed in accordance with the following recommendations. 5.1 Grading Recommendations The contractor shall adhere to the grading guidelines as attached in the appendix of this report. These recommendations and the report in total shall be considered part of the job specifications and incorporated into the plans and drawings. The following steps are a general summation of _ 44o Sandalwood Court-Encinitas-CA 92o24 10 TEL(760)473-4117 FAX(760)753-2904 L.mad Rnkjcffcry@SBCClobal.net JIEFFIERY GEOLOGIC SERVICIES _ Engineering Geologic Services those guidelines as they affect this proposed work. The site grading shall be performed in m accordance with section 1803A.1 -1803A.5 of the 2007 CBC and the City of Encinitas Grading Codes. Please refer to section 5.1. The test method for testing compaction during the placement of fill shall be either the ASTM D-1556 OR D-2937. Expansive soils are not permitted in the upper 5 feet of compacted fill on site. Expansive soils are not anticipated to be encountered on site. Silty sands from the terrace deposits underlie the site, as described in section 3.0 Geologic Conditions. Additional recommendations are provided in the enclosed grading specifications. This office should be notified prior to the start of grading and be on site to confirm the bottom of any over-excavation is founded on suitable soils, and to test for the soil during compaction w procedures. The contractor shall adhere to the grading guidelines as attached in the appendix of this report. The following steps are a general summation of those guidelines as they affect this proposed work. 1. Prior to placement of any fill the exposed areas to receive fill shall be reviewed by an engineering geologist or a geotechnical engineer and approved to receive fill. Prior to placing any fill in the keyway, the bottom shall be scarified to a depth of approximately 4 inches. 2. All unsuitable topsoil and fills are to be removed prior to placing any fill. 3. All soils to be compacted are to be moistened properly to near-optimum moisture content as determined by the maximum dry density test results as shown in the appendix to this report. 4. Soils shall be compacted to a minimum of 90%of the maximum dry density at near-optimum moisture content. Soils shall be compacted in thin horizontal lifts, _ not measuring any thicker than 6 inches in an un-compacted state. 44o Sandalwood Court-Encinitas-CA g2o24 11 TEL(76o)473-4u7 FAX(760)753-2904 Email Rnkjcf c.ryLSBCGIobal.nct JEFFERY GEOLOGIC SERVICES Engineening Geologic Services 5. As fill elevation rises, the compacted fill shall be benched in a stair-step manner into suitable natural soils. 6. The soils shall be tested for compaction as the fill is placed. 7. Class II base is to be compacted to 95 % of the maximum dry density. 8. Where fill slopes are planned, a fill key is to be constructed along the toe of the slope measuring approximately 10 feet by the length of the slope. 9. All areas of cut where a foundation is proposed that will extend over a cut to fill transition are to be over-excavated to a depth of at least 3 feet (ripped or scarified 6 inches plus 2.5 of over excavation and re-compaction). As an alternative to this, if the foundation is founded mainly in cut then with some minor portion in fill, the portion of the foundation in the fill may be deepened such that the entire bottom of the foundation extends into the cut(natural soils) as approved by the engineering geologist. The depth of the foundation must be greater than 15 inches, must have at least 6 inches of embedment in the terrace, Qt-4, or Torrey Sandstone, and must be approved by the engineering geologist prior to placing steel. 10. In roadways the depth of over-excavation may be limited to depth of the proposed section and as approved by a Geotechnical Engineer or Engineering Geologist. 11. All retaining walls shall be water proofed with a design provided by the architect. The design shall include back drains and protection boards. Corrugated black plastic pipe is not permitted. The drains shall be perforated and with holes facing down and out, at angles of 120 and 240 degrees, and be lower than the footing in elevation. R 44o Sandalwood Court-Encinitas-CA 92024 12 TEL(760)47.3-4117 FAX(760)753-2904 Email RnkjelTeryGSBCGlobal.net JIEFIFIERY GEOLOGIC SERVICIES Englneerlrg Geologic Services Recommendations are provided in the enclosed grading specifications. However this office should be notified prior to the start of grading and be on site to confirm the bottom of the over- excavation is founded on suitable soils, and to test for the soil during compaction procedures. 5.2 Existing Foundation The existing foundation and any plumbing fixtures(water lines and sewer lines) shall be removed from site. 5.3 Seismic Considerations The site structures shall be designed in accordance with the 2007 California Building Code and the City of Encinitas building codes. The following seismic design criteria are recommended: Site Class C Occupancy Category II SS from map 1613.5(3) 1.2g S, from map 1613.5(4) .50g Value of site coefficient Fa 1.0 Value of site coefficient F„ 1.4 SDS=2/3 (Sms) .33 5.4 Soil Bearing Parameters The Sections, 18 Soils, and 19 Concrete of the 2007 California Building Code provide parameters, which are appropriated for use in design of new foundations. The analysis of the soils encountered during the investigation indicates that these parameters are appropriate for use in the design of the structure as described. These parameters are summarized in the tables below: 44o Sandalwood Court-Encinitas-(:Ag2o24 13 TEL(76o)473-4117 FAX(76o)753-2904 Email RnkjelferyLSBCGlobal.net JEVFIERY GEOLOGIC SIERVICIES Engineering Geologic Services Table 1804A.2 Allowable Foundation and Lateral Pressure Allowable Bearing Capacity of silty sands................................................ 2,000 psf 4- Coefficient of Friction ...................................................................0.35 ❖ Lateral Bearing......................................................................150 psf/f Table 1805.4.2 Footings Supporting Walls of Light Frame Construction ,• Minimum Depth of Footings I or 2 story 15 inches* 18 inches of embedment is required to be uniformly into firm competent materials. This office should verify the embedment of the footings. Footings need to bear on firm competent material. The recommended embedment material is the terrace deposit, or compacted fill, all footings shall be deepened if required to bear in the terrace deposits. The field verification may require deepening of the footing. A structural engineer should design the footings if deeper than 24". -*.- Minimum Width of Continuous Footings.................................................. 15 inches 5.5 Concrete and Other Considerations The site concrete should have a maximum water cement ratio of.5. The project structural engineer shall design all structural concrete in accordance with the seismic parameters. The design shall be in accordance with Section 19 Concrete of the 2007 CBC. The requirements shall in no case be less that the outlined parameters below: ❖ Minimum Thickness of Slab on Grade........................................................4 inches ❖ Minimum Slab Reinforcement...........................#4 rebar at 18" on center each way Minimum Footing Reinforcement.............................4 94 rebar, 2 top and 2 bottom Water to Cement ratio....................................................................0.5 Minimum Compressive strength.................................................2500 psf ❖ Type 11 standard Concrete is permissible 44o Sandalwood Court-Encinitas-CA 92o24 14 TEL(76o)473-4117 FAX(761)753-2904 Email RnkjcffcryGq)SBCGIobaI.nct JIEVFIERY GEOLOGIC SERVICIRS Engineerl.ng Geologic Services The slabs shall be underlain with 2 inches of sand, a plastic vapor retarder, and then an additional 6 inches of coarse sand or gravel that shall have no expansive characteristics. The vapor retarder should consist of a minimum of a 10-mil product. In order to prevent punctures to this retarder it may be necessary to place either two layers of 10-mil plastic or to overlay the gravel with a light non-woven filter fabric. The vapor retarder should be properly lapped or otherwise sealed at all splices and properly sealed at all penetrations. The concrete shall have a cementations materials ratio of 0.5. This will help to minimize the potential for shrinkage cracks and moisture vapor migration through the floor slab. It should be understood that by nature concrete cracks and the appearance of a few finer cracks may appear in the slab and that this will not necessarily indicate a problem. Concrete cracks should be expected. These cracks can vary from sizes that are essentially unnoticed to more than 1/8 inch in width. Most cracks in concrete, while unsightly, do not significantly impact long-term performance. While it is possible to take measures (proper concrete mix, placement, curing, control joints, etc.) to reduce the extent and size of cracks that occur, some cracking will occur despite the best efforts to minimize it. Concrete undergoes ® chemical processes that are dependent on a wide range of variables, which are difficult, at best, to control. Concrete while seemingly a stable material also is subject to internal expansion and contraction due to external changes over time. Additionally, if the slab is to be covered with moisture-sensitive floor coverings, the slab should be tested for the level of moisture vapor emission. Each type of flooring has a manufacturer's _ recommended maximum allowable level of moisture vapor emission. If the slab tests are above the maximum levels specified by the flooring manufacturer, it may be necessary to seal the floor slab prior to placing some types of flooring. The most moisture sensitive flooring types are typically vinyl and wood. Other types may also be susceptible. This consultant or another can be contacted to provide consulting services to determine the level of moisture vapor emission from the floor slab. w 44o Sandalwood Court-Encinitas-(:A 92o24 15 TEL(760)473-4117 FAX(760)753-2904 Email Knkjcffery@SBCGlobal.net JEFFERY GEOLOGIC SERVICES Engineering Geologic Service, One of the simplest means to control cracking is to provide weakened joints for cracking to occur along. This may not be practical for interior slabs; however, it is an effective method for exterior concrete. Again, in no instances should water be added to the mix from the plant or exceed a ratio of.5 (water to cement). These do not prevent cracks from developing; they simply provide a relief point for the stresses that develop. These joints are widely accepted means to control cracks but are not always effective. On a similar note, in an effort to mitigate the natural tendency of concrete to crack, fiber mesh may be used an additive. For all reentrant corners 2, # 3 bars 3 feet in length should be placed at 6-inch increments away from the corner and tied into the reinforcing pattern. Control joints are more effective the more closely spaced. We would suggest that control joints be placed in two directions, spaced the numeric equivalent of two times thickness of the slab in inches, changed to feet(e.g. a 4 inch slab would have control joints at 8 feet centers). As a practical matter this is not always possible, nor is it a widely applied standard. 5.6 Retainine Walls The City and local authorities provide standard drawings that depict retaining wall construction practices. These details may be used on site where appropriate, with the following amendments. Backfill must consist of a clean washed gravel around the perforated pipe. The wall shall be waterproofed and protection board must be used to prevent damage to the waterproofing material. The waterproofing shall be protected with protection board specified by the architect. u The architect shall also specify the waterproofing material however recent products by Mirafi and others that have had very good performance (corrugated plastic sheets) or similar should be used. The backdrain shall be at or below the level of the footing of the retaining wall and is not permitted to be black corregated plastic pipe. The walls shall be backfilled with not less that 12" _ 44o Sandalwood Court-Encinitas-CA 92o24 16 TEL(760)473-4117 FAX(76o)753-2904 Email Rnkjeffery @SBCGlobal.net JEFFIERY GEOLOGIC SIERVICIES Engineering Geologic Services width of clean washed 1/2"to 3/4"rock ad fitted with a proper back drain located below the footing of the retaining wall. The pipe shall be PVC schedule 40 or similar, 3-inch diameter minimum, perforated with holes facing down 60 degrees away from the flow line of the pipe. 5.7 Temporary Excavations and Slopes Any temporary slopes or excavations needed for construction shall be done so in conformance with Cal-OSHA guidelines and specifications. Temporary excavations may be accomplished at heights up to 10 feet, provided the materials are cemented sands. If the sands exposed in the excavations, are not cemented as determined by an engineering geologist or geotechnical engineer or if the sand materials are loose or un-cemented then shoring, or flattening of the slope may be required. Temporary slopes may be excavated at 3/4 to 1 H:V, as determined on a case-by- case basis as needed. With temporary slopes there is always a danger of collapse, thus it is very important to take care and consideration in the excavation of the slopes, minimize the exposure of workers in the slope area, and minimize the time the slopes are open. It is the contractor's responsibility to provide for safe working conditions. 5.8 Construction Review It is required that all footing excavations and grading be reviewed by this office. A review will be performed to determine if the intent of the report has been adequately carried forth. This office should be notified at least two working days in advance of any reviews of this nature so that staff personnel may be made available. The following are events, which will likely require geotechnical response or attendance: ■ Pre-grade meeting prior to any grading or construction on site ■ During grading where soil is being compacted ■ Prior to setting steel in new foundations 44o Sandalwood Court-Encinitas-('.A 92024 17 TEL(760)473-4117 FAX(76o)753-2904 Email RnkjefferyLSBCCIobal.net JEFFERY GEOLOGIC SIERVICES Engineering Geologic Services • Prior to pouring new foundations and slabs r • At any time the city inspector requests a meeting or review of field conditions • At any time soil or foundation issues that are not covered by the plans and specs, or not addressed in this report, are encountered. 6.0 DRAINAGE 6.1 Drainaze Recommendations Good irrigation practices are very important to the performance of any site. A well thought out and planned drainage system is important because buildup of water can cause many problems including triggering latent or concealed problems and contributing to mold. A comprehensive drainage system should be designed and incorporated into the final plans. In addition, any pads or slopes must be maintained and planted in a way that will allow this drainage system to function as intended. The following recommendations provide the basic criteria for the drainage system on site. The site should be well drained. 6.2.1 Structure drainage The roof should be fitted with gutters and downspouts, which are to be tied via a tight-line system to an enclosed suitable outlet. No drains or downspouts are permitted to empty into soils adjacent to the foundation. No drains or down spouts are permitted to empty over any slopes. Drains and down spouts should empty to a tight-line subsurface drain, which empties to Pacific Street or other controlled egress point. /44o Sandalwood Court-Encinitas-CA 92o24 18 TEL(76o)473-4117 FAX(76o)753-2904 Email Rnkjellery @SBCGlobal.net JEFFERY GEOLOGIC SERVICES -_ Engineering Geologic Services ces 6.2.2 Surface drainage No drains or down spouts are permitted to empty over any slopes. All surface yard drains should be treated in the same manner. Numerous surface drain inlets should be used in landscaped areas. In planter areas the drain inlets should consist of birdcage style inlets. In areas where drains are impractical, yard gradients should be directed away from the house at not less than 5%. On hard-scape surfaces such as concrete patios, drains should also be installed. These drains should be treated in a similar fashion as landscaped area and empty to the street via a tight-line. Drainpipes should be 3 or 4-inch ABS, PVC schedule 40, or similar. In no instances is the black (corrugated) flex pipe suitable for drainpipes. All inlets should be fitted with an appropriate grate. Inlets for the drains shall be spaced such that there is sufficient capacity for water collection during heavy down pours. As a suggestion drains should cover about 200 square feet of collection area. Several curb outlets may be useful in accommodating the drainage plan. 6.2.3 Pad Drainage Positive pad drainage should be incorporated into the final plans. All drainage from the roof and pad should be directed so that water does not pond adjacent to the foundations or flow toward them. All drainage from the site should be collected and directed via non-erosive devices to a location approved by the building official. No alteration of this system should be allowed. Planters placed adjacent to the structures should be designed to drain away from the structure. ® All such planters shall be water proofed with a design specified by the architect and consisting of a minimum of waterproofing and membrane applied to the structure and protected with protection board. Care should be taken to not saturate the soils (i.e. leaking irrigation lines or excessive landscape watering). 44o Sandalwood Court-Fncinitas-CA 92o24 19 TEL(76o)473-4117 FAX(76o)753-2904 Email RnkjeffcryLSBCGIobal.net jIEVFIERY GEOLOGIC SERVICES - Engineeri.ng Geologic Services 6.2.4 Landsca>pine It is recommended that a landscape architect be consulted regarding planting adjacent to the development. Plants surrounding the development should be of a variety that requires a minimum of watering. It will be the responsibility of the property owner to maintain the planting. The landscape architect should review alterations of planting schemes. 6.2.5 Irrieation An adequate irrigation system will be required to sustain landscaping. Any leaks or defective sprinklers should be repaired immediately. To mitigate erosion and saturation, automatic sprinkling systems shall be adjusted for rainy seasons. A landscape irrigation specialist should be consulted to determine the best times for landscape watering and the maximum amount of water usage. 7.0 GEOTECHNICAL DISCLOSURES Owners and buyers should be informed that any proposed buildings, appurtenant structures and improvements may be subject to City or County building permit requirements and could be subject to geotechnical review and possibly special foundation requirements. Positive drainage should not be blocked by homeowner improvements. Homeowners should be aware of the potential problems that could develop when drainage is altered through construction of retaining walls, pools, spas, paved walkways, patios, gazebos, or other improvements. Ponded water, incorrect drainage, water flowing over slope faces, leaky irrigation and water systems, overwatering or other conditions that could lead to ground saturation should be avoided. It should be the homeowner's responsibility to maintain and clean drainage devices on or contiguous to their lot as well as proper irrigation, landscape maintenance and control of burrowing animals. In order to be effective, the maintenance should be conducted on a routine 44o Sandalwood Court-Encinitas-CA 92o24 20 TEL(76o)473-4117 FAX(76o)753-2904 Elmad RnkjcffcryG&SBCGIobal.net JEFFIERY GEOLOGIC SERVICES Engineering 6eol€g c Services schedule, and necessary corrections made prior to each rainy season. Plans for construction of any proposed underground structures such as pools and spas should consider geotechnical conditions. This is due to the possibility of ground water conditions and/or expansive soils underlying portions of the site. 8.0 CLOSURE AND LIMITATIONS This is a limited investigation for the purpose of providing a report for the new construction. This site was not graded nor constructed by Jeffery Geologic Services. Ralph K. Jeffery, and/or Chris Lillback and/or any combination of these entities. None of these entities assumes nor accepts any liability whatsoever for work done on this project, not done by these entities. As a practical matter, soils and geologic investigations and studies are considered an inexact science, and earth conditions have been known to vary from location to location, and with depth. The recommendations contained in this report are considered to be both practical and appropriate for the soils encountered. Typically risk of damage due to soils movement decreases with increased foundation depths, slab thickness, and steel reinforcement schedules. However, costs also go up dramatically with such increases. It is possible to provide much more rigid recommendations, however the cost could go up dramatically and such recommendations would be beyond the standard of practice in the industry. Other professionals could come to differing recommendations and opinions. No warranty or guarantee is implied nor given as a result of this work. 44o Sandalwood Court-Encinitas-CA 92o24 21 TEL(76o)473-4117 FAX(76o)753-2904 Email Rnkjeffery @SBCGlobal.nct jIEFFIERY GEOLOGIC SERVICES -- EngineerlIng Geologic Services Appendix Laboratory Testing and Boring Logs from Geotechnics, Inc. April 2004 44o Sandalwood Court-Encinitas-CA 92024 22 'CEL(76o)473-4177 FAX(76o)753-2904 Email Rnkjeffery@SBCGlobal.net LOG OF EXPLORATION BORING NO. 1 Logged by: JCS Date Drilled: 311112004 Method of Drilling: 6-inch diameter solid-stem auger Elevation: 229'MSL LL -J a v o w a W = a W F DESCRIPTION LAB TESTS W 30 J Z 1 FILL: Silty sand(SM),light brown,fine,dry,medium dense. 2 Gradation 3 26 UNNAMED TERRACE DEPOSITS: Silty sand(SM),light brown,fine to Sulfate medium,moist,medium dense to very dense. Expansion Index 4 5 50/ _ 6 7„ 7 8 9 Hard drilling. 10 11 60 12 Total depth: 11'h feet 13 No groundwater encountered 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 PROJECT NO. 0917-001-00 GEOTECHNICS INCORPORATED FIGURE B-1 - LOG OF EXPLORATION BORING NO. 2 Logged by: JCS Date Drilled: 3111/2004 Method of Drilling: 6-inch diameter solid-stem auger Elevation: 223'MSL F LL a s v o F y w DESCRIPTION LAB TESTS _ w 3 > -j z m c m o 0 — 1 FILL: Silty sand(SM),reddish brown,fine to medium,moist,medium dense. 2 Gradation _ 3 10 4 UNNAMED TERRACE DEPOSITS: Silty sand(SM),reddish brown,fine to medium,dry to moist,medium dense to dense. 5 6 35 7 8 — 9 .. 10 19 11 12 13 Moist,some cementation. — 14 15 0 16 41 17 18 TORREY SANDSTONE Silty sandstone, light gray,fine grained,moist, weakly to moderately cemented. 19 32 —' 20 21 Total depth: 20 feet No groundwater encountered — 22 23 — 24 25 26 27 28 29 30 PROJECT NO. 0917-001-00 GEOTECHNICS INCORPORATED FIGURE B-2 LOG OF EXPLORATION BORING NO. 3 Logged by: JCS Date Drilled: 3111/2004 Method of Drilling: 6-inch diameter solid-stem auger Elevation: 222'/x'MSL f= a � tLLi W z a w d M DESCRIPTION LAB TESTS a. 3 Y m m o -j M w O m o m o 1 FILL: Silty sand(SM),reddish brown,fine to medium,moist,loose to medium dense. 2 m 3 6 UNNAMED TERRACE DEPOSITS: Silty sand(SM),red brown,fine to medium,dry to moist,medium dense to very dense. 4 5 6 18 7 8 Becomes 9 Harder drilling. 10 50/ ,.,. -- 11 6" 12 13 75/ 8" 14 Total depth: 13'/z feet 15 No groundwater encountered 16 17 18 — 19 20 21 22 23 24 25 26 27 28 29 -- 30 PROJECT NO. 0917-001-00 GEOTECHNICS INCORPORATED FIGURE B-3 LOG OF EXPLORATION BORING NO. 4 Logged by: JCS Date Drilled: 3/11/2004 Method of Drilling: 6-inch diameter solid-stem auger Elevation: 228'MSL F a J cw^i o W w DESCRIPTION LAB TESTS O O Z) W O m O m C Z 1 FILL: Silty sand(SM),reddish brown,fine to medium,moist,loose to medium dense. 2 Gradation 105 10 Sulfate 3 21 UNNAMED TERRACE DEPOSITS: Silty sand(SM),red brown,fine to Expansion Index - medium,dry to moist,medium dense to dense. Direct Shear 4 5 6 36 7 8 9 10 g 11 32 _. 12 13 M 14 15 '— 16 29 Br►r 17 Total depth: 16%:feet 18 No groundwater encountered 19 20 21 _ 22 23 _ 24 25 26 27 28 29 30 PROJECT NO. 0917-001-00 GEOTECHNICS INCORPORATED FIGURE B-4 O A O O O r L � co T" _ o U w w a, o W 5 J Z o Z al O U Z Ul a U o LL Q a cn ° o g (D n a� � J O o U � O Q CN H J Z O QO o L,L o c o Q Z � J E co U CD a J 0 N ZO o N c Q C3 0) R U _N _ *k (� Z Li LL Q N J W 0 U .a w m g J Z cn c a co w U U) LL_ N W O a - � z o w U o^ Cl) Z w m •� O w = U U Q w m ir a J w F�1 a. :D CV W 2 Z w O Q U) 0 d < U Q U) co O O J O n' O O O O O O O O O O O w O C" c0 ti CC) IA '7 CO CV r w IgBiaM Aq jauid;uaaJad # $ 2 q ; CD \ 2 Q ¥ 2 k G W § \ R k C> Z IR @ / / / E U- � O S E 7 / $ � \ I $ a § \ \ 0 � � 2 « \ � 2 O Cl 1 1 1 m Q k � V 6 � G_ - k § z U. .0 . S / \ _ ' k $ w in § 2 c \ # o z LL $ # § e K § m § $ / w U m > z _ / 2 E @ & w L K _ & U j C3 m o � $ � � Q ® 0 \ 2 w ƒ / r } _ 6 � 'q Q 0 \ / ƒ / E (L R d / \ k \ o , k co n g § \ 8 a $ Q 2 S ■ A C=) ° a Wm®a mjouil maJa — LABORATORY TEST RESULTS (ASTM D4829 and D516) — SAMPLE DESCRIPTION EXPANSION SULFATE INDEX CONTENT [%] B-1 @ V-4' Light brown silty sand (SM). 0 <0.01 B4 @ 1'—4' Reddish brown silty sand(SM). 0 0.02 SOLUBLE SULFATE CRITERIA (UBC Table 19-A4) WATER SOLUBLE SULFATE (SO4) [%j SULFATE EXPOSURE 0.00 to 0.10 Negligible 0.10 to 0.20 Moderate 0.20 to 2.00 Severe Over 2.00 Very Severe — EXPANSION INDEX CRITERIA (UBC Table 18-I-13) EXPANSION INDEX POTENTIAL EXPANSION 0 to 20 Very low 21 to 50 Low 51 to 90 Medium 91 to 130 High Above 130 Very High G e o t e c h n i c s Project No. 0917-001-00 Incorporated LABORATORY TEST RESULTS Document No. 04-0302 Figure C-2 �3000 MMLMMMM i I U) 2500 _ I W 2000 ca - ••• ■0 WT UJ 1500 r i ■ • • ®® •/ /■®/®®//® _ 1000 --- •®° = 500 °/■■/■ ■■■/ ■■■■ ■■■//■■■ ■■/■ ■///i■/■■ 0.0 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 STRAIN [%] I 4500 r I ■ Peak Strength Test Results j 4000 I- —� 31 Degrees, 200 PSF Cohesion r ♦ Ultimate Strength Test Results 3500 r — 31 Degrees, 100 PSF Cohesion � C � g I I i 3000 --�--- T�— j--- t-- - I N 2500 L ---- --- r W I 2000 ---;— {-- I — I --�— -- i w 1500 II r I 1000 F �---�- � 500 I 0 — i 0 500 1000 1500 2000 2500 3000 3500 4000 4500 NORMAL STRESS[PSF] SAMPLE: B4 @ 2'-3' PEAK ULTIMATE TERRACE DEPOSITS: Red brown 0' 31 ° 310 -- silty sand (SM). co 200 PSF 100 PSF IN-SITU AS-TESTED STRAIN RATE: 10.0060 IN/MIN Yd 105.2 PCF 105.2 PCF (Sample was consolidated and drained) WC 9.9 % 20.9 =G e o t e c h n i c s Project No. 0917-001-00 Incorporated DIRECT SHEAR TEST RESULTS Document No. 04-0302 FIGURE C-3