2010-10599 FMLine: 1g A3 4'7 6Bo
CITY OF ENCINITAS ENGINEERING DESIGN MANUAL 2009
APPLICATION NO
C(O ENGINEERING DEVELOPMENT APPLICATION
•t ••C 0 •
Urania Avenue, Encinitas, CA 92024
PROPERTY OWNER INFORMATION
Brian E. Fritz and Helga Fritz
NAME
1253 Urania Avenue
MAILING ADDRESS
Encinitas, CA 92024 NIA
CI'T'Y, STATE, ZIP CODE TELEPHONE NO.
L •:u. •7J
Hunsaker & Associates San Diego, Inc
NAME
9707 Waples Street _
ADDRESS
San Diego CA 92121 (858) 558.4500
CITY. STATE ZIPTELEPHONE NO.
Alisa Vialoando R.C.E. 47945
REGISTRATION NO
254- 351 -32
CONTRACTOR INFORMATION
Warminaton Homes
NAME
3090 Pullman Street
ADDRESS
Costa Mesa CA 92626 (714) 557 -5511
CRY, STATE, ZIP CODE TELEPHONE NO.
STATE LICENSE NO. & TYPE NIA
Geotechnics, Inc.
NAME
9245 Activity Road Suite 103
ADDRESS
San Diego CA 92126 (858) 536 -1000
CITY, STATE ZIP TELEPHONE NO.
Tony Belfast P.E. 40333
REGISTRATION NO.
DESCRIPTION OF WORK TO BE DONE
Rough Grading Plans Improvement Plans and Final Map
CASE NO. _IM_- O6 11 _
ad -7• /4• /o
SIG TURE DATE SIGNED
*0iAA/ L . Si; Y&:: � eh0 71Y elsel• y36�
PRINT NAM C - — - - - --- --TELEPHONE NO.----------------------------------------
PLANNING DEPARTMENT REVIEW
PLANNING CASE NUMBER o�- rir TM 1�r2 f cpi'
FOR GRADING PLANS
OK FOR PLAN CHECK
PLA CtdN R
pAGE I -)
FOR FINAL MAPSIPARCC•L MAPS
FINAL MAP
PARCEL MAP
'6(zka
DATE
APPENDIX 1.2
HUN SAKE R
&ASSOCIATES
S N 4 I) i r (. U I N l
PLANNING
ENGINEERING
SURVEYING
IRVINE
LOS ANGELES Au ust 11, 2011
RIVERSIDE 9
SAN DIEGO
ARIZONA
City of Encinitas
Engineering Department
505 South Vulcan Avenue
Encinitas, CA 92024
ATTN: Masih Maher
AUG 1 1 2011
V E;,U1 iTAS
RE: City of Encinitas Tentative Map No. 06 -111 "Encinitas 23 "- Survey
Monumentation Estimate and Bond
Dear Masih:
The cost of monumentation for City of Encinitas Tentative Map No. 06 -111
"Encinitas 23" will be $3,000.00. A bond for that amount will be forthcoming from
the developer. If you have any questions, please give me a call.
Thank you.
Very truly yours,
No 8553
* Exp. 12/31112
D glas )B. Stro 8553 OF CAL1f0�?s
Hunsak r & Associates San Diego, Inc.
DAVE HAMMAR
LEX WILLIMAN
ALISA VIALPANDO
DAN SMITH
RAY MARTIN
CHUCK CATER
9707 Waples Street
San Diego, CA 92121
18581 558 -4500 PH
18581 558 -1414 F X
www.HunukerSD.c m MLKEI m'W07270,i ssvgu01tm0&111mon EOnO x
lnfo®HunS kerSD.com oO 107 -270 &112011932AM
i
BIOLOGICAL & CULTURAL INVESTIGATIONS & MONITORING
Monday, October 24, 2011
Scott Vurbeff
Environmental Coordinator
Planning & Building Dept.
CITY OF ENCINITAS
505 S. Vulcan Ave.
Encinitas, CA 92024
ph. 760 - 633 -2692
fax 760 - 633 -2818
Via: svurbeffa_cityofencinitas.org
2 2011
REGARDING: COMMITMENT LETTER AND NOTICE OF INTENT TO START A PALEONTOLOGICAL
MITIGATION MONITORING PROGRAM IN COMPLIANCE WITH THE CITY OF ENCINITAS
CONDITIONS OF APPROVAL, FOR CASE # 06 -111 & 06 -112, AKA WARMINGTON
RESIDENTIAL CALIFORNIA, SEASIDE RIDGE, LOCATED AT URAINIA AVENUE AND
NORMANDY ROAD, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
CALIFORNIA.
Dear Mr. Verbeff:
Please be advised that L &L Environmental, Inc. has been contracted to perform paleontological
mitigation monitoring services on behalf of WARMINGTON RESIDENTIAL CALIFORNIA (WRC), on
the referenced project.
We have attended the team pre -grade meeting and explained the requirements for monitoring
on a full time basis. We will hold a second pre -grade meeting with the grading contractor
equipment operators prior to the start of any earth moving / disturbance on the property to
ensure a complete understanding of the conditions of approval and the paleontological resource
implementation mitigation plan (PRIMP).
This letter should serve as both your notice of our written agreement with WRC and our
intention to begin providing mitigation services on the referenced project. Until such time that
we notify you otherwise or until the of the completion of the monitoring program you may be
assured that L &L is committed to carry out the paleontological resource conditions of approval.
Z\ S'R,'4 tE rR4Wj- ECTTILES\ VV IIFIErDTVJ IECYS�UWC- 10- 198'Ennnitas \(Pafeo Conditions Commitment Letter.doc
,14aifingAddress 100' East RrdTands Blvd ,Suite U, PMB #351, Pedfands C✓192373
Defis)eryAddress 5455;kforgan ,4ve, ,Riverside C4 92509
• Phone 951.681.4919 • fax 951.681.6531
Commitment Letter /L01
Seaside Widge, City of Encinitas Oct. 2011
Following our notification to you of the completion of the mitigation program a draft report will be
completed and submitted to your office for review and comment. Depending on the results of
the mitigation program (positive or negative findings) a report should be available within 4
weeks of the end of our monitoring program which may be expected to coincide with the final
excavation of the deepest utilities.
Please do not hesitate to contact me if you have questions or require additional information.
Thank you for your care and consideration of California's natural resources.
Sincerely,
baZL EnvironmentaC Inc.
c
Leslie Nay Irish
CEO
LNI /jdk
C: Jay Deckard - JayD @warmingtongroup.com
Chuck Isbell - chuck(n)warmingtoneroup.com
JessicaN @HunsakerSD.com
Attachments: Planning/ Grading Condition
'W7jCC -10 -198 Encinitas Tage 2 of 3 LctC
Commitment Letter /L01
Seaside R*r, Oty ofEnciniias Oct. 2011
. CITY OF ENCINITAS
PLANNING AND BUTF.DTNG DEPT,
` L r
CLIMENT PLA -NN1NG
-rR-xNSenT T.tL r 0RM
i(IS S. k'uiWU_11'cnu vAX: (7610) 94162226
Encinitas CA 92W4 -3633 OR
DUE: october= ?011
TO: Jawice Nishiura
>51i.` TO FAXBi SWS'tl -1414
Cowjp.%Tdv: iimmiu•r& AKxrclates:& Luc. To7:9L PACTAt
IMUM: Ray Sipi'u, ScmaT Phamer PITONS: 7601 -6 ^7 2734
Please witi s the fullowin -oirmitim rrewilirp tl:C 4th smNni :hi. for mad Mao. ln- pav:'nlpr.i Plaid. aad
jgsyeinu. Puna No. 10598 -lilt, IR. Ttil Encinitl +51131 fCsse Nau. 00 - -111 k 00-1121 fur the prop 'ics
In v4xl all Nociuutid Row- wid Urania Avamo,
14- I.oU(Qase Yu 06-1171
• K--i w the Ilazlcdotis'irieral9 Note oil Shed 4 u ' Ilte ('n'aditk Phan kr irw!id- a M&M —nua of 11 Le
Tlgxnment of 7noiranntenLat Math 0mobcr l9, ?ot t arn7rovyl !tiler regarding nk work plan Il :1 the
removal of eankrnsirwrocl soils.
• Provfd::nl dies• ofeerificxtirnt fnmtl aslielrishvviLA,. I. Tn,• imnilwidaltocon0nn ,tkAl}iey have hau
itHa ed to -monitor lh6 irt',ve t ii:v dimmg vntairro wngTUCtiou. fu xklilim- tiro 112100nlolo•901 Trnl.KL
t0aLYCr :h01'lanning m.0 i)uilding Isc1navnnit of the start and ml of uilmLedon.
• Ir.Cllld(: a nine on tlic gradnig ld +x- w :d limn: map Io imlirr:e the rmxtion {f,.rexiitiiva SC! or
Ra nkr icu 2". -Wj phic&I en Lots N, 12, 1?,fi 14 lmutuig future m.skler m to he constructed on
e dI :oc to a:c sissy.
Pkw provide he operadonai ngrsxanad or aswtion of Ile N4'erin -Om kncinitrn a I, 7.LC ihr
inshudcs the name of m indivi(Nal aulllwiml to sign fix all of the Fehr panTrer 4nr aurptrin slmnn
cm On sipiatvrc btmk pall pmv ?red us. goat Run Tinrelield ned l nootl that in ard-,•r to prop:zly
prepare the fo:lovving rogailecl covcrsanm
T*o Real Prouerp• Covvmnl. (General Condition Gd sf both Case hos. 0041 > >rd ; `. -121)
o Al*ibidahl:.kimisingT)mtsi(y Dons Cot'C71nLlntl Requlatary Agrcemasl
Dapier proltnsal lueatiats of padmwmkKl nr a :inr.egn :cars boars wal.Awe utilities :etatcd ilcne
m L!w ornlir g Plan.
9- 7.rt(case.-4o,. 06 -1 j 1
• Sec tltet and.+ -mind rnmmaas.shove fixthe 14 -lit mop mpvlla the MMILLr rcafu'ci:vona.
• ImIwIc a rvitc o`s the grKdiry) plans and fmltl Ymp k! irAicx,) *.c ,arnicAal LCondition SCt: o.
Regnititiort 100-") rkwed all Lots l & 9 Beni ling future res aloas to .,e tors.vac -od on Oil& lid kt
a scow.
• _k,, p=ride the opranjonal agiftment or sxtioo of we wau-dngknv fmariim: 41, 1.1_(: T.mi
itrEirases the mono cf the indivIdurd authorizod in mgrs iur all of :hc fwtr puLritr t ip conpanics shnxr
on *-c iigtwiti c block yon providod 'as, M Lll Roo llaru&.dd an6 7 u o that in o:da to p ml-iv
orcpwntha 4�llova itl<:rapdrexl srrvenantst
Rr:ul Pmperh Cov'a+mt (Cenelal Car.44ituxl LLklt
WC -14198 -Encinitas Page 3 of 3 LetL
RECORdNa REQUESTED W..
FIRST AMERICAN Tr,U nOMAW
HrnOKA. Hol4EULpER aENXMI
BUS MESICIN pERARTMW
RECORDING REQUFSTED BY AND
WHEN F- .GOADED RETURN TO:
Warmington Encinitas 41 LLC
3090 Pullman Street
Costa Mesa, California 92626
Attention: Brian Sinderhoff
j"rQQ 2c(, J —i L,
This is to cert,ry that the atta ed is a true Ind correct
copy at /
recorded 20 0 as
Irstrument No.--
011irial Rerords.
FIRST AM C Ti `1r All
9y
In accordance with Section 11932 of the Revenue and Taxation Code, Grantor has declared
the amount of transfer tax which is due by a separate statement which is not being recorded with this
Grant Deed.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HELGA
FRITZ, as Trustee of the Fritz Family Trust dated January 20, 1977, as amended, Trust "3"
( "Grantor ") hereby grants To WARMiNGTON ENCINITAS 41 LLC, A Delaware limited liability
company ( "Grantee ") the following described real property ( "property") in the City of Encinitas,
County of San Diego, State of California described in Exhibit 'A attached hereto and by this
reference made a part hereof,
SUBJECT TO:
All real property taxes, bonds and assessments.
2. All other covenants, conditions, restrictions, reservations, rights, rights -of -way,
casements, leases, encumbrances, liens and title matters of record.
Dated: to "in,2011
WWV'$251601 arDM UM, Decd- 101711.d c%
FRITZ FAMILY TRUST
dated January 20, 1977, as amended, Trust "3"
By: L nl Aei
Helg tz, Trustee
I
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss
COUNTY OF
On tC4�1 %-Zip 261 i, before me, !W
a Notary Public in and for said State, personally appea d
Z who proved to me on the basis of
satisfactory-6v idenec to be rson(4) whose name( ffw,Vbscribed to the within instrument and
acknowLW.ged to me that executed the same in hig& their-authorized eapacity(ies�, and that
by signatures) on the instrument the person(&), or the entity upon behalf of which the
person ted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
�{
_TAGManMairAn Y i
l MF6N NN
COMM.011O120
"MARY nrrca
OMO OOUr
A,
G' V5296a1a1Dx60=i DwdID1211AM
C/ (!
ad,�CSrt�r l�. 101 �
Foe Numbs. OSA- 3466265
Exhibit "A"
Legal Description
A.P.N.: 254- 351.30.00 and 254- 351 -31 -00 and 254.351.32 -00
Real property In the City of Encinitas, County of San Diego, State of Callfomla, described as follows:
PARCEL 1: (APN: 254 - 351- 30 -00)
PARCEL "A" AS SHOWN ON CERTIFICATE OF COMPLIANCE, AS EVIDENCED BY DOCUMENT RECORDED
SEPTEMBER 7, 2005 AS INSTRUMENT N0, 2005 -0773557, OF OFFICIAL RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF LOTS 37, 38 AND 42 OF HILLSIDE ACRES, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1992, RECORDED JANUARY
25, 19271N THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY.
LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE EASTERLY CORNER OF SAID LOT 42, THE NORTHERLY LINE OF SAID LOT HAVING
A BEARING OF SOUTH 890 13'28N EAST (RECORD SOUTH B9" 55' 10" EAST); THENCE SOUTH 520 39'
38" WEST 206.06 FEET, THENCE SOUTH 15° 56' 34" WEST 131.65 FEET; THENCE TO THE
NORTHEASTERLY LINE OF SAID LOT 35; THENCE SOUTH 860 50' 56" WEST 334.02 FEET TO THE POINT
OF TERMINUS ON THE WESTERLY LINE OF SAID LOT 42.
PARCEL 2: (APN: 254351 -31 -00)
PARCEL "B" AS SHOWN ON CERTIFICATE OF COMPLIANCE, AS EVIDENCED BY DOCUMENT RECORDED
SEPTEMBER 7, 2005 AS INSTRUMENT NO. 2005-07'73557, OF OFFICIAL RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
ALL OF LOT 38 TOGETHER WITH THOSE PORTIONS OF LOTS 37 AND 42 OF HILLSIDE ACRES, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 1992, RECORDED JANUARY 25, 1927 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN
DIEGO COUNTY.
LYING SOUTHEASTERLY AND NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE EASTERLY CORNER OF SAID LOT 42, THE NORTHERLY LINE OF SAID LOT HAVING
A BEARING OF SOUTH 99° 13'287 EAST (RECORD SOUTH 990 5510" EAST); THENCE SOUTH 52" 39'
38" WEST 206.05 FEET, THENCE SOUTH 150 56'340 WEST 131.65 FEET; THENCE SOUTH 390 23' 15"
EAST 196.02 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF THE NORTHWESTERLY HALF OF
SAID LOT 37. THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 50" 18' 30" EAST 100.00 FEET TO
THE POINT OF TERMINUS IN THE SOUTHWESTERLY LINE OF SAID LOT 38.
PARCEL 3: (APN: 254351- 32 -DO)
PARCEL "C" AS SHOWN ON CERTIFICATE OF COMPLIANCE, AS EVIDENCED BY DOCUMENT RECORDED
SEPTEMBER 7, 2005 AS INSTRUMENT NO. 2DOS -0773557, OF OFFICIAL RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF LOTS 35, 36, 37 AND 42 OF HILLSIDE ACRES, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1992, RECORDED
JANUARY 25, 1927 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY.
DESCRIBED AS FOLLOWS:
COMMENCING AT THE EASTERLY CORNER OF SAID LOT 42, THE NORTHERLY LINE OF SAID LOT
HAVING A BEARDING OF SOUTH 890 13' 28" EAST (RECORD SOUTH 890 SY 10" EAST); THENCE SOUTH
520 39' 38 WEST 2D6.06 FEET; THENCE SOUTH 15° 56' 34" WEST 131.65 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 390 23' 15" EAST 196.02 FEET TO A POINT ON THE SOUTHEASTERLY
LINE OF THE NORTHWESTERLY HALF OF SAID LOT 37; THENCE ALONG SAID LINE SOUTH 50° 18' 3D"
WEST 140.06 FEET TO SOUTHERLY CORNER OF SAID NORTHWESTERLY HALF; THENCE SOUTH 390 41'
59" EAST 0.35 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF THE NORTHWESTERLY 262.25
FEET OF SAID LOT 36; THENCE ALONG SAID LINE SOUTH 500 24' 11" WEST 240.06 FEET TO THE
SOUTHERLY CORNER NORTHWESTERLY 262.25 FEET OF SAID LOT 36, BEING THE EASTERLY CORNER
OF THAT LAND DESCRIBED IN A DEED TO ROBERT N. FRITZ AND DOROTHY A. FRITZ RECORDED
OCTOBER 18, 1974 AS INSTRUMENT NO. 74- 279015 IN THE OFFICE OF THE SAID COUNTY RECORDER,
THENCE ALONG SAID FRITZ LAND SOUTH 500 14' 36" WEST 96,54 FEET; THENCE NORTH 890 IV 19"
WEST 96.71 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT 35; THENCE ALONG SAID LINE
NORTH 00° 43' 41" EAST (RECORD NORTH 00° 04' 50" EAST) 436.41 FEET TO A POINT THAT BEARS
SOUTH 860 50'56' WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH B60 50'56" EAST
334.02 FEET TO THE TRUE POINT OF BEGINNING.
Countp of *an miego
JACK MILLER DEPARTMENT OF ENVIRONMENTAL HEALTH
DIRECTOR LAND AND WATER QUALITY DIVISION
P.O. BOX 129261, SAN DIEGO, CA 92112 -9261
858 - 505.6700 /FAX 858. 505. 684811.800. 253.9933
www.sdcdeh.ora
October 19, 2011
c,
Mr. James Skinner v
Warmington Residential California
3090 Pullman Street
Costa Mesa, CA 92626
Dear Mr. Skinner:
VOLUNTARY ASSISTANCE PROGRAM — DEH CASE NO. H99145 -001
RESPONSE LETTER
FRITZ PROPERTY
1253 URANIA AVENUE. ENCINITAS, CALIFORNIA
ELIZABETH POZZEBON
ASSISTANT DIRECTOR
/I /
eta
Staff of the Department of Environmental Health, Site Assessment and Mitigation Program (SAM)
reviewed the workplan titled Workplan for Additional Site Assessment and Concurrent Remedial
Action, prepared by Advantage Environmental Consultants, LLC, dated October 5, 2011. The
workplan presents the results of historical assessment activities and proposes to excavate and
dispose pesticide and hydrocarbon impacted soil at an approved landfill. Additional assessment
activities will be conducted concurrently with remedial excavation and soil confirmation samples will
be collected to verify impacted soil has been appropriately removed to below California Human
Health Screening Levels (CHHSLs) for pesticides and 10 milligrams per kilogram for hydrocarbon
impacts.
Based on a review of the report and the case file, SAM concurs with the workplan provided
that the following conditions are met.
1. Based on existing data, additional soil sampling will be required in several areas. Samples in
these areas must be collected prior to the implementation of excavation activities to minimize
soil disturbance which could potentially affect sample results through dilution, compaction or
other disturbance.
While some information is potentially available in the storm water pollution prevention plan
(SWPPP) for the site, a discussion of methods to keep impacted soil from entering the
community surrounding the site must be offered from the human health perspective.
Acceptable mitigation measures including, shaker plates, street sweeping and use of gravel
for example, must be identified in the community health and safety plan to minimize the
transfer of impacted soil offsite to the community.
3. The most recent version of the public notification, provided in an email dated October 13,
2011, must be utilized and updated with the correct Department of Environmental Health
phone numbers.
"Environmental and public health through leadership, partnership and science"
Mr. James Skinner - 2 - October 19, 2011
Activities outside those implicitly proposed and approved herein must be submitted for SAM
approval prior to implementation.
If you have any questions regarding this project, please do not hesitate to call me at (858) 505 -6863.
Sincerely,
g9iully uq^ by Keim E. Kew
Keith E. Kezer @--D 4rtKEKere o4ounry of nDU9o.
ou-0epamnenl d Emvollmenw wand
e e 2.11 10ezerptM29 07. 1 c -US
Dale: }011.10191]J939 0]'W'
KEITH E. KEZER, Project Manager
Site Assessment and Mitigation Program
cc: Dan Weis, Advantage Environmental Consultants, LLC
H99145 -001 PMP Approval Letter 10- 18- 2011.doc
Advantage Environmental
Consultants, LLC
WORK PLAN FOR ADDITIONAL SITE ASSESSMENT
AND CONCURRENT REMEDIAL ACTION
Seaside Ridge (Former Fritz Property)
Encinitas, California
Voluntary Assistance Program Case #H99145 -001
AEC Project No. 11 -096SD
October 5. 2011
Presented to:
County of San Diego Department of Environmental Health
Site Assessment and Mitigation Division
5500 Overland Ave, Suite 100
San Diego, CA 92123
On Behalf Of.
Warmington Residential California
3090 Pullman Street
Costa Mesa. CA 92626
Prepared by:
Advantage Environmental Consultants, LLC
145 Vallecitos De Oro, Suite 201
San Marcos, California 92069
Phone (760) 744 -3363 • FAX (760) 744 -3383
ADVANTAGE
&ONMENTAL
ONSULTAI \TS, LLC.
Work Plan For Additional Site Assessment
and Concurrent Remedial Action
Seaside Ridge (Former Fritz Property)
Encinitas, California
Advantage Environmental Consultants, LLC has prepared this Work Plan for Additional Site
Assessment and Concurrent Remedial Action for the above referenced property which is being
submitted to the County of San Diego Department of Environmental Health for review. comment and
approval. This Work Plan was completed in accordance with the standards of care exercised by
environmental professionals in the industry and under the technical direction of the undersigned.
a-t-, C �/
Dan Weis, R. E. H.S., REA
Branch Manager
Western Regional Office
!c - -5'- Z ci !
Date
Eric M. Cathcart, MS, PG, REA
Senior Geologist
California PG# 7548
!r/S4e ll
Date
GEI,co�'s�.
W E¢�c
GP
cc
0
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TABLE OF CONTENTS
1.0 INTRODUCTION ................................................................................. ..............................1
1.1 Project Location and Description ............................................. ..............................2
1.2 Regulatory Status and Previous Assessment Work ................ ..............................2
2.0 SITE CONDITIONS ............................................................................. ..............................5
2.1 Topography .............................................................................. ..............................5
2.2 Geology ................................................................................... ..............................5
2.3 Hydrology / Hydrogeology ........................................................ ..............................5
3.0 SITE CONTAMINANTS AND DISTRIBUTION ................................... ..............................6
4.0 PROPOSED MITIGATION .................................................................. ..............................7
4.1
General Approach and Methodology .......................................
..............................7
4.2
Off -Site Receiving Facilities .....................................................
..............................8
4.3
Strategy for Export of Impacted Soils ......................................
..............................9
4.4
Excavation Backfill ..................................................................
.............................10
4.5
Analytical Laboratory Methods ................................................
.............................10
4.6
Unexpected Discoveries During Site Mitigation ......................
.............................10
4.7
Record Keeping ......................................................................
.............................10
4.7.1 Chain -Of- Custody and Sample Tracking ....................
.............................10
4.7.2 Waste Manifesting .......................................................
.............................11
4.7.3 Field Reports ...............................................................
.............................11
4.7.4 Equipment Decontamination .......................................
.............................11
4.8
Reporting ................................................................................
.............................11
5.0 REFERENCES ................................................................................... .............................13
TABLE
TABLE 1 SOIL ANALYTICAL TESTING SUMMARY
FIGURES
FIGURE 1 VICINITY MAP
FIGURE 2 SITE PLAN
APPENDIX
APPENDIX A COMMUNITY HEALTH AND SAFETY PLAN
Property Mitigation Plan Seaside Ridge (Former Fritz Property)
AEC Project No.: 11 -096SD Encinitas, California
1.0 INTRODUCTION
On behalf of Warmington Residential California, Inc., Advantage Environmental Consultants,
LLC (AEC) has prepared this Work Plan for Additional Site Assessment and Concurrent
Remedial Action (Work Plan) for review by the County of San Diego Department of
Environmental Health (DEH) Voluntary Assistance Program (VAP). This Work Plan presents a
work plan to conduct pesticide and petroleum hydrocarbon impacted soil segregation and
management activities at the approximately nine acre property that is slated for construction as
a proposed residential subdivision known as Seaside Ridge in the City of Encinitas, California
(Site). The Site consists of three legal parcels as follows:
County of San Diego APN
Recorded Physical Address
Acreage
Parcel Designation
Per Project
254- 351 -30 -00
1253 Urania Avenue
2.42
Parcel A
254- 351 -31 -00
956 Normand Road
3.42
Parcel B
254- 351 -32 -00
None
3.25
Parcel C
Several prior Phase I and II Environmental Site Assessment (ESA) reports pertaining to the Site
have been published between 2007 and 2011. As discussed in the prior ESA reports, the
historical use of the Site has resulted in residual concentrations of agricultural chemicals,
particularly organochlorine pesticides (OCPs), in shallow soil at the property. Concentrations of
OCPs (primarily toxaphene) above California Human Health Screening Levels (CHHSLs) for
residential soil, the applicable cleanup levels for OCPs at the Site (assuming a future residential
land use), are present in what appear to be six locations within the Site boundaries. In addition,
there is an area of limited and shallow petroleum hydrocarbon impact in the southeastern corner
of the Site (former tar drum storage area). Metals (including arsenic) are not considered to be
contaminants of potential concern at the Site.
Contaminants in the six areas where OCPs above residential CHHSLs are present and the area
where petroleum hydrocarbon impacts are present are generally defined laterally but in some
areas are not fully defined. However, based on AEC's review of existing data pertaining to the
Site, our understanding of the goal of the remedial project and our past experience in
completing projects of this type, it is our opinion that remedial excavation can commence
concurrently with additional assessment at the Site per the implementation of this Work Plan.
Supplemental assessment to define the extent of pesticides and petroleum hydrocarbons in
shallow soil at the Site will be conducted concurrently with impacted soil removal activities.
Further sampling and testing will be required to implement the Work Plan and complete the
project (i.e. for impacted soil profiling with the selected receiving facility or facilities, interim and
final confirmation soil sampling, etc.). Such protocols and methods are discussed in further
sections of this Work Plan. Impacted soil that is exported from the Site is anticipated to be
removed as non - hazardous waste to a Class III landfill or treatment facility either as a special
waste or for use as daily cover.
Agricultural related structures at the Site are slated for demolition in the near future. Upon
approval of this Work Plan, remedial excavation of soil containing elevated levels of OCPs at
the Site will commence. Due to the anticipated shallow excavation depths, shoring systems will
not be required for the purposes of stabilizing vertical sidewalls. In addition, groundwater is not
expected to be encountered during the excavation activities. Following the completion of the
removal action activities and at a later date, mass grading of the Site will be conducted by a
grading contractor to construct roadways and building pads within the planned subdivision. This
Work Plan details soil excavation and management protocols to be employed during remedial
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Property Mitigation Plan Seaside Ridge (Former Fritz Property)
AEC Project No.: 11 -096SD Encinitas, California
excavation only and will not be applicable to the future mass grading operations to be
conducted at the Site.
The primary objective of this Work Plan is to affirm the protection of human health during the
proposed soil management activities. Management of soil that is impacted with elevated
concentrations of OCPs and petroleum hydrocarbons during the proposed excavation activities
at the Site will be conducted under the oversight of the County of San Diego DEH via the VAP.
At the completion of the soil management activities, AEC will submit a Site Closure Report and
request concurrence from DEH regarding the removal action activities completed.
1.1 Project Location and Description
According to data obtained from the County of San Diego Tax Assessor, the legal parcels that
comprise the Site total 9.09 acres. The table below included the Assessor's Parcel Number,
recorded physical address (where applicable), acreage and parcel designation per the project
plans for each of the three parcels that comprise the Site.
County of San Diego APN
Recorded Physical Address
Acreage
Parcel Designation
Per Project
254- 351 -30 -00
1253 Urania Avenue
2.42
Parcel A
254 - 351 -31 -00
956 Normandy Road
3.42
Parcel B
254 - 351 -32 -00
None
125
Parcel C
Historically, the agricultural operation at the Site was identified as Chino Greenhouses.
Agricultural related structures at the Site are currently present and slated for demolition in the
near future. The Site is situated generally north of Normandy Road, east of Urania Avenue and
west of Saxony Road. Adjacent properties on all sides of the Site consist of residential and
agricultural properties. A Vicinity Map depicting the general location of the Site is included as
Figure 1. A Site Plan illustrating the general arrangement of the Site is included as Figure 2.
Current structures at the Site are not depicted on the Site Plan as they are slated for demolition
in the near future.
1.2 Regulatory Status and Previous Assessment Work
Prior to the opening of VAP Case# H99145 -001 in 2007, there were no prior DEH regulatory
cases associated with the Site. The Site was also under oversight of the DEH Hazardous
Materials Division (HMD) in past years and is currently listed as an inactive facility in the DEH
HMD database. The Site was referenced as Chino Greenhouses (1253 Urania Avenue) in the
HMD database and with an establishment number of 123394.
The documents listed below (in order of publication) pertaining to the Site have been provided
by the Site owner to AEC for use in preparing this Work Plan and for understanding
environmental conditions at the Site.
• Geotechnics Incorporated (April 1, 2005), Geotechnical Investigation, Residential
Development, 1060 Urania Avenue, Encinitas, California.
• County of San Diego Department of Environmental Health (January 9, 2007), Voluntary
Assistance Program — DEH Case No. H99145 -001 Response Letter, Fritz Property,
1253 Urania Avenue, Encinitas, California.
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Property Mitigation Plan Seaside Ridge (Former Fritz Property)
AEC Project No.: 11 -096SD Encinitas, California
• Geotechnics Incorporated (April 11, 2007), Workplan For Phase II Environmental Site
Assessment, Fritz Property, 1253 Urania Avenue, Encinitas, California 92024.
• Geotechnics Incorporated (June 6, 2007), Workplan Addendum For Environmental Site
Assessment, Fritz Property, 1253 Urania Avenue, Encinitas, California 92024.
• Geotechnics Incorporated (July 1, 2007), Phase II Environmental Site Assessment, Fritz
Property, 1253 Urania Avenue, Encinitas, California 92024.
• Phase One Inc. (August 4, 2011), Limited Phase II Environmental Site Assessment,
Chino Greenhouse, Inc., 1253 Urania Avenue, Encinitas, California.
• Phase One Inc. (August 26, 2011), Phase II Environmental Site Assessment, Chino
Greenhouse, Inc., 1253 Urania Avenue, Encinitas, California.
• County of San Diego Department of Environmental Health (August 29, 2011), Email
From Keith Keezer to Jim Skinner.
Technical reports included in the list as prepared by Geotechnics Incorporated and DEH written
correspondence regarding the Site are in possession of the DEH at this time. Additional
documents pertaining to the Site as prepared by Phase One Inc. are being submitted to the
DEH concurrently with the submittal of this Work Plan. Such reports prepared by Phase One
Inc. were completed due to lender related requirements for the project.
As discussed in the prior ESA reports, the historical use of the Site has resulted in residual
concentrations of agricultural chemicals, particularly OCPs, in shallow soil at the property.
Concentrations of OCPs (primarily toxaphene) above CHHSLs for residential soil, the applicable
cleanup levels for the Site (assuming a future residential land use), are present in what appear
to be six locations within the Site boundaries. In addition, there is an area of shallow petroleum
hydrocarbon impact (former tar drum storage area) in the southeastern corner of the Site.
Metals (including arsenic) are not considered to be contaminants of potential concern at the Site
based on the prior analytical data obtained for the Site.
As shown in Table 1 (Soil Analytical Testing Summary), a total of 69 soil samples have been
obtained from 48 sampling locations at the Site during prior environmental assessments. Th4
48 sampling locations are also depicted on Figure 2. Sixty eight of the 69 soil samples were
analyzed for one or more contaminants of concern (COCs). The majority of such samples were
collected at depths ranging from 0.5 to 1 foot below the ground surface, with some deeper
samples obtained from depths of 3, 5 and 10 feet below the ground surface. Of the 48 sampling
locations, 43 targeted potential OCP impacts at the Site, which the remaining five locations were
located in the former tar drum storage area.
Sixty -two of the 68 soil samples obtained during the prior investigations were analyzed for
OCPs by United States Environmental Protection Agency (EPA) test Method 8081A. The
remaining six soil samples (former tar drum storage area) were analyzed for total petroleum
hydrocarbons (TPH) by United States EPA test Method 8081B. Of the various OCPs analyzed
by the EPA 8081A test method, four compounds were found to be most prevalent at the Site as
follows:
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Property Mitigation Plan Seaside Ridge (Former Fritz Property)
AEC Project No.: 11 -096SD Encinitas, California
• 4,4' - dichlorodiphenyldichloroethylene (1,1- bis -(4- chlorophenyl ) -2,2- dichloroethene) —
(4,4' -DDE)
• 4, 4'- dichlorodiphenyldichloroethane - (4,4' -DDD)
•
4,4'— dichlorodiphenyltrichloroethane - (4,4' -DDT)
• Toxaphene
In addition, seven detections of chlordane, five detections of dieldrin, two detections of
endosulfan II, two detections of heptachlor epoxide and one detection of endrin aldehyde were
reported. None of the detected concentrations of 4,4' -DDE, 4,4' -DDD, 4,4' -DDT, dieldrin,
heptachlor epoxide and endrin aldehyde exceeded their respective residential CHHSLs
(cleanup goals for the Site) and also Total Threshold Limit Concentrations (TTLCs) which will be
utilized during the profiling of soil to be removed from the Site during the remedial action.
Endosulfan 11 does not have a reported residential CHHSL or TTLC.
Of the 68 soil samples analyzed for toxaphene as part of the OCP analysis, 26 contained
concentrations of this compound above the laboratory reporting limits. Of the 26 detections of
toxaphene, 16 exceeded its residential CHHSL of 460 micrograms per kilogram (pg /kg). Such
concentrations ranged from 470 pg /kg to 4,700 pg /kg. None of the detected toxaphene
concentrations exceeded its TTLC of 5,000 pg /kg. Of the seven chlordane detections
(concentrations ranging from 7.84 pg /kg to 3,600 pg /kg), one exceeded its residential CHHSL of
430 pg /kg and TTLC of 2,500.
Of the six soil samples analyzed for TPH in the former tar drum storage area, five were obtained
from surficial soils, with the highest concentration reported at 940 milligrams per kilogram
(mg /kg) at location P -5. The remaining four surficial soil samples had reported TPH
concentrations ranging from 10 mg /kg to 16 mg /kg. The soil sample obtained from the two foot
depth of location P -5 did not contain TPH above the laboratory reporting limit.
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Property Mitigation Plan Seaside Ridge (Former Fritz Property)
AEC Project No.: 11 -096SD Encinitas, California
2.0 SITE CONDITIONS
2.1 Topography
According to the United States Geological Survey topographic map for the Encinitas, California
7.5 minute quadrangle (2005) and a topographic map of the Site prepared by Pasco
Engineering, the Site ranges in elevation from approximately 180 feet above mean sea level in
the western portion of the Site to 230 feet above mean sea level in the eastern portion of the
Site. Regional topography is shown as sloping to the west and southwest toward the Pacific
Ocean.
2.2 Geology
The Site lies within the Peninsular Ranges Geologic Province of California. This geomorphic
province is traversed by a group of northwest trending sub - parallel fault zones and
encompasses an area that extends 125 miles from the Transverse Ranges and the Los Angeles
Basin south to the Mexican Border and beyond another 775 miles to the tip of Baja California.
Rocks within the Peninsular Range Province were emplaced during Cretaceous age orogenic
events and uplifted into the present mountain ranges during the late Tertiary and Quaternary.
Igneous, metamorphic and sedimentary rocks are all found within the Peninsular Ranges. The
area is seismically active, with several known active faults crossing the Province.
Based on information obtained from the 2005 geotechnical investigation completed at a property
located proximate to the Site (1060 Urania Avenue), the Site is underlain by Pleistocene age
Terrace Deposits consisting of orangish brown to orangish gray silty sandstone, poorly graded
sandstone and clayey sandstone. The sands were reportedly fine to medium grained, moist
and ranged from weakly to strongly cemented in depth. Portions of the nearby property were
also found to be underlain by varying amounts of colluvium and alluvium.
2.3 Hydrology I Hydrogeology
The Site is situated within the Batiquitos Hydrologic Subarea of the Carlsbad Hydrologic Unit
(SWRCB, 1994). Groundwater within this subarea has existing beneficial uses for agricultural
and industrial supply but is exempt from municipal use. During the preparation of the 2005
geotechnical investigation at the nearby 1060 Urania Avenue property, perched groundwater
was reportedly encountered in one soil boring at a depth of 11 feet below the ground surface.
Groundwater was not encountered in other soil borings drilled to the maximum depth of
exploration of 20 feet. Based on information obtained from the State Water Resources Control
Board Geotracker database, static groundwater was measured in groundwater monitoring wells
at depth of 140 feet below the ground surface at a property (691 Sparta Drive, Encinitas,
California) located approximately 800 feet to the southwest of the Site. Groundwater was also
measured at depths of greater than 70 feet below the ground surface at a property (905
Orpheus Avenue, Encinitas, California) located approximately 2,500 feet to the south - southwest
of the Site. The nearest surface waters to the Site are Batiquitos Lagoon and the Pacific Ocean
which are located approximately 1.15 -mile to the north and west of the Site, respectively.
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Property Mitigation Plan Seaside Ridge (Former Fritz Property)
AEC Project No.: 11-096SD Encinitas, California
3.0 SITE CONTAMINANTS AND DISTRIBUTION
As stated previously, concentrations of OCPs (primarily toxaphene) above CHHSLs for
residential soil, the applicable cleanup levels for the Site (assuming a future residential land
use), are present in what appear to be six locations within the Site boundaries. In addition,
there is an area of limited and shallow TPH impact in the southeastern corner of the Site (former
tar drum storage area). OCPs are primarily present at depths ranging from one to three feet
below existing grades, with elevated concentrations generally within the upper 0.5 to 1.5 feet
beneath the Site. TPH impacts in the former tar drums storage area appear to be limited to the
upper 0.5 to 1 foot of soil in this area.
Contaminants in the six areas where OCPs above residential CHHSLs are present and the area
where TPH impacts are present are generally defined laterally but in some areas are not fully
defined. However, as stated previously, supplemental assessment to define the extent of COCs
in shallow soil at the Site will be conducted concurrently with impacted soil removal activities
proposed herein. As stated previously, historical OCP and TPH data obtained at the Site is
included in Table 1 and sampling locations are presented on Figure 2.
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Property Mitigation Plan Seaside Ridge (Former Fritz Property)
AEC Project No.: 11 -096SD Encinitas, California
4.0 PROPOSED MITIGATION
4.1 General Approach and Methodology
The remedial strategy for this project is the excavation and removal of soils containing levels of
COCs in excess of the cleanup goals from the Site to appropriate off -Site, regulated receiving
facilities. Such cleanup goals are as follows:
• OCPs - < Residential CHHSLs (values shown on Table 1)
• TPH - <10 mg /kg
The California Water Code and Titles 23 and 27 of the California Code of Regulations dictate
that soil with detectable concentrations of hazardous substances or petroleum products above
interpreted background levels are considered to be "waste" following excavation. Any waste is
required to be transported to an appropriate waste management facility and be treated, stored,
or disposed, and/or reused on -site or off -site in accordance with applicable local, state, and
federal regulations. However, Section 105215 of the California Health and Safety Code, which
discusses the regulatory reporting of incidents that pertain to pesticide spills and accidental
releases of pesticide products, does not indicate that pesticides present in soil resulting from
conventional application during agricultural application is considered to be a hazardous or
regulated waste. Based on the regulatory and historical research completed during the
preparation of the prior environmental assessments completed for the Site, no information has
been revealed that would lead AEC to believe that an accidental spill or release of pesticide
products has occurred at the Site. Regardless, the approach to the mitigation activities
proposed herein is considered to be risk -based given the proposed future residential use of the
Site. During the implementation of this Work Plan, impacted soil displaced by the excavation
contractor during the remedial excavation activities will be segregated, stockpiled (if applicable),
sampled and shipped to regulated receiving facilities.
It should be noted that there were other remedial alternatives evaluated for the remediation of
COC impacted soil at the Site. Such alternatives include on -Site reuse of soil containing OCPs
above residential CHHSLs, stabilization /treatment of impacted soil and subsequent on -Site
reuse, partial removal and capping of remaining contaminated soil and no action. Each remedial
alternative was evaluated with respect to effectiveness, feasibility, and cost.
• On -Site reuse of soil containing OCPs and TPH exceeding cleanup goals for the Site
(with or without treatment/stabilization) is not a feasible alternative as it would be difficult
to implement such a strategy given the proposed development plan. In addition, such an
approach would require notification to the San Diego Regional Water Quality Control
Board and likely Waste Discharge Requirements which would result in excess time and
cost to complete the project. In addition, it is our understanding that the City of Encinitas
is not in favor of reuse of soil containing agricultural chemicals above cleanup goals at
residential properties.
• A partial removal action and capping with soil containing COCs below Site cleanup goals
is a viable remedial alternative, however such an approach would likely require
additional regulatory agency notifications /possible oversight and long -term operations
and maintenance monitoring of the cap. The potential need to repair the cap due to
erosion, human disturbance or other factors coupled with the long -term O &M monitoring
and the cost to complete the partial removal action, could exceed the overall cost to
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Property Mitigation Plan Seaside Ridge (Former Fritz Property)
AEC Project No.: 11 -096SD Encinitas, California
complete the proposed complete removal action. In addition, the Site owner would
retain long -term liability regarding the underlying contamination in this scenario.
• Taking no action is also not a viable alternative for the project as the land use of the Site
is proposed to change from agricultural /commercial to residential and the Site owner
wishes to remove soil from the Site with COC concentrations that exceed the cleanup
goals for the property. In addition, the Site owner desires to remove the impacted soil
and obtain a concurrence letter from the DEH regarding the forthcoming remedial
excavation work.
AEC environmental professionals working under the oversight of a California Professional
Geologist will be present at all times during the remedial excavation activities conducted during
the course of the project. Personnel responsible for and involved in the implementation of this
Work Plan will be thoroughly knowledgeable and experienced in the various aspects of the work
to be completed. This knowledge and experience will include, but not be limited to, familiarity
with the Site geologic and hydrogeologic conditions, laboratory data review and verification, Site
physical conditions and access, Site personnel and contacts and Site health and safety rules,
procedures, and protocols. Field personnel will have 40 -hour Hazardous Waste Operations and
Emergency Response ( HAZWOPER) training and current 8 -hour annual refresher training in
accordance with 29 Code of Federal Regulations 1910.120 [Title 8 California Code of
Regulations 51921. Site field work will also be conducted in accordance with a Site - specific,
worker health and safety plan. In addition, employees of the remedial excavation contractor
retained for this project who will be in contact with contaminated soil will have the proper 40-
hour HAZWOPER training. The excavation contractor will also hold a Class A, Engineering
Contractor's license with a Hazardous Substance Removal Certification (HAZ) issued by the
State of California.
4.2 Off -Site Receiving Facilities
Names, addresses and telephone numbers of potential regulated facilities to receive impacted
soil to be removed from the Site are as follows:
• Miramar Landfill — City of San Diego
5180 Convoy Street, MS 11038, San Diego, California
Telephone: 858.694.7000
• Otay Mesa Landfill — Republic Services
1300 Maxwell Road, Chula Vista, California
Telephone: 619.421.5192
• South Yuma County Landfill
19536 S Avenue 1 E
Yuma, AZ 85365
Telephone: 928.341.9300
• Sycamore Landfill — Republic Services
8514 Mast Boulevard, Santee, California
Telephone: 619.449.4053
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Property Mitigation Plan Seaside Ridge (Former Fritz Property)
AEC Project No.: 11 -096SD Encinitas, California
• Western Environmental Recycling Facility
62150 Gene Welmas Drive, Mecca, California
Telephone: 760.396.0222
During the preparation of this Work Plan, AEC confirmed with each of the above referenced
facilities that non - hazardous soil containing OCPs and TPH can be accepted at such facilities.
It should be noted that while the facilities referenced above are being considered, final decisions
pertaining to the use of such facilities will be made at or closer to the time of the
commencement of excavation.
4.3 Strategy for Export of Impacted Soils
As stated previously, the remedial strategy for this project is the excavation and removal of soils
containing levels of COCs in excess of the cleanup goals from the Site to appropriate off -Site,
regulated receiving facilities. It is anticipated that initial remedial excavation activities will
involve the displacement and stockpiling or direct loading to trucks for off -Site disposal of soil
containing OCPs and TPH above the cleanup goals for the Site. It is likely that some of the
impacted soil will be pre- approved for off -Site disposal by the facilities accepting the soil. The
soil profiling will be based on the available analytical data collected during the previous Site
characterization activities. Additional soil samples may be collected and analyzed for OCPs,
TPH or other constituents (as required by the regulated receiving facilities) to complete the
waste profiles. All soil samples will be analyzed at a State - certified analytical laboratory under
chain -of- custody protocol.
As shown on Figure 2, there are six areas at the Site where OCPs in excess of residential
CHHSLs are anticipated to be present (Areas 1 through 6) and one area where shallow TPH
impacts are present (Area 7). AEC will direct the excavation contractor to excavate and
stockpile or direct load soil from such areas (shaded red on Figure 2). Such soil will be
removed from the Site to regulated receiving facilities. The excavated areas around the former
sampling locations that exhibited elevated COC concentrations (Areas 1 through 7) will be no
less than 400 square feet in size. Following the excavation of the seven areas of potential
concern, confirmation soil samples will be collected from the excavated areas at a ratio of one
sample for every 200 square feet from the base of the excavated areas and at approximately 20
foot lateral intervals from the sidewalls. The confirmation soil samples collected will be
analyzed at a stationary analytical laboratory for OCPs by EPA test Method 8081A (Areas 1
through 6) or TPH by EPA test Method 80156 (Area 7). If OCPs in exceedence of residential
CHHSLs or TPH in excess of 10 mg /kg are found in one or more of the confirmation soil
samples, additional excavation will occur and further delineation will be conducted under the
same protocol as described previously in this section.
Once all confirmation soil samples within the base and sidewalls of the Areas 1 through 7
exhibit COC concentrations below Site cleanup goals, additional sampling of areas shaded gray
on Figure 2 will be conducted via test - pitting to be completed by the excavation contractor.
These areas represent locations where elevated concentrations of OCPs or TPH may be
present and as such, require additional assessment. One soil sample per 2,500 square feet will
be collected within such areas. Soil samples from such areas will be collected by AEC field
representatives directly from the backhoe bucket in to analytical laboratory provided glass jars.
The assessment samples will be analyzed by the analytical laboratory for OCPs (vicinity of
Areas 1 through 6) or TPH (vicinity of Area 7). If OCPs in exceedence of residential CHHSLs or
TPH in excess of 10 mg /kg are found in one or more of the assessment soil samples, remedial
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Property Mitigation Plan Seaside Ridge (Former Fritz Property)
AEC Project No.: 11 -096SD Encinitas, California
excavation will occur around such areas at square footages to be determined in the field and
based on the results of adjacent assessment samples collected during the fieldwork activities.
Such impacted soil will be managed in the same manner as described previously in this plan.
Once all areas of potential concern at the Site have been excavated and confirmed to be
remediated to residential standards, soil mitigation at the Site will be considered to be complete.
4.4 Excavation Backfill
Following the completion of mitigation activities, the excavated areas will be backflled utilizing
soil from the Site outside of the remediated areas. Compaction requirements (if applicable) will
be provided by the Site owner. No import soil will be used as backfll material at the Site.
4.5 Analytical Laboratory Methods
As stated previously, OCPs and TPH are considered to be the only COCs at the Site at this
time. However, additional analytical methods may be utilized during the course of the project in
order to profile the impacted soil at off -Site receiving facilities. A list of additional analytical
laboratory methods to be used (if required) during waste profiling activities is as follows:
• Organophosphorous compounds by EPA test Method 8141,
• Chlorinated herbicides by EPA test Method 8151;
• Volatile organic compounds by EPA test Method 82608;
• Title 22 Metals by EPA test Methods 60108 and 7471 A;
• Single element metal (i.e. total lead, copper, etc.) by EPA test Method 60108;
• Polycyclic Aromatic Hydrocarbons by EPA test Method 8270C SIM,
• Semi - volatile organic compounds by EPA test Method 8270C;
• Polychlorinated Biphenyls by EPA test Method 8082;
• Soil pH by EPA test Method 9045; and
• 96 -Hour Fathead Minnow Fish Bioassay.
4.6 Unexpected Discoveries During Site Mitigation
Due to the uncertainty associated with soil mitigation, contaminant conditions and distribution
may vary from what is described in this Work Plan. Following discovery of an unexpected
condition that requires modification to the remediation methods and protocols described in this
Work Plan, the DEH will be informed and plan amendments will be submitted for review and
approval.
4.7 Record Keeping
4.7.1 Chain -Of- Custody and Sample Tracking
Chain -of- custody procedures will be followed to establish a written record of sample handling
and movement between the Site and the analytical laboratories. All soil samples will be
delivered to the analytical laboratories on ice to maintain the samples at a target temperature of
4 °C +/ 2 °C. The chain -of- custodies will contain the following information:
• Project Location;
• Sample identification number;
• Date and time of collection,
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Property Mitigation Plan Seaside Ridge (Former Fritz Property)
AEC Project No.: 11 -096SD Encinitas, California
• Sample collector's printed name and signature,
• Sample matrix,
• Analyses requested, and
• Signatures of individuals involved in the chain of possession.
4.7.2 Waste Manifesting
All soil that is transported to off -Site regulated landfill or treatment facilities will be done so
under proper protocols to track the movement of soil from the point of generation to the final
disposal point. As stated previously, impacted soil that is exported from the Site is anticipated
to be removed as non - hazardous waste to a Class III municipal waste either as a special waste
or for use as daily cover. If the soil is profiled as a special waste, non - hazardous waste
manifests will be utilized. In the event that impacted soil is utilized as daily cover and not
profiled as a special waste, standard bills of lading will be used.
4.7.3 Field Reports
In order to provide complete documentation of the fieldwork activities, detailed records will be
maintained by field personnel. At a minimum, these records will include the following
information:
• Site name and address,
• Date,
• Name of field log recorder:
• Team members present on -Site and associated duties,
• Other persons on -Site (i.e. subcontractors, regulatory personnel, etc.):
• A brief summary of meeting(s) held at the Site,
• Weather conditions,
• Calibration readings for field monitoring equipment (if used), and
• Any other relevant information.
4.7.4 Equipment Decontamination
Any non - dedicated sampling equipment will be decontaminated between uses by washing with
a non - phosphate detergent solution followed by successive rinses in tap and drinking water.
Disposable field equipment will not be decontaminated but will be placed in to plastic trash bags
for proper disposal.
4.8 Reporting
Following completion of the soil remediation /excavation activities, AEC will prepare a Closure
Report in accordance with the most current edition of the DEH Site Assessment and Mitigation
Manual and submit it to the DEH for review. The report will describe in detail the
implementation of this Work Plan and items that will include but are not limited to
• Soil profiling and characterization,
• Results of waste profiling, confirmation and assessment related sampling and laboratory
analysis,
• Excavation and segregation activities,
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Property Mitigation Plan
AEC Project No.: 11 -096SD
Seaside Ridge (Former Fritz Property)
Encinitas, California
Analytical results, and
• Documentation of the disposition of impacted soil that is exported from the property.
The report will include plans that depict the locations of confirmation and assessment soil
samples and will demonstrate to DEH that soil impacted with various COCs was adequately
segregated, removed from the property and disposed of at appropriate off -site facility and that
soil remaining at the Site is suitable for a residential land use. Other supporting documentation
to be included with the report will include copies of analytical laboratory reports /chain -of- custody
documentation and waste manifests /bills of lading from the facilities receiving contaminated soil
that is exported from the property. The Closure Report will request a no further action
determination for the property and will be signed by a State of California licensed Professional
Geologist. In addition, all work requiring geologic interpretation for this project will be completed
under the oversight of a State of California licensed Professional Geologist.
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Property Mitigation Plan Seaside Ridge (Former Fritz Property)
AEC Project No.: 11 -096SD Encinitas, California
5.0 REFERENCES
California State Water Resources Control Board, Water Quality Control Plan for the San Diego
Basin (9), San Diego, California, Published 2002,
County of San Diego Department of Environmental Health (August 29, 2011), Email From Keith
Keezer to Jim Skinner.
County of San Diego Department of Environmental Health, Site Assessment and Mitigation
Manual (2004);
County of San Diego Department of Environmental Health (January 9, 2007), Voluntary
Assistance Program — DEH Case No. H99145 -001 Response Letter, Fritz Property, 1253
Urania Avenue, Encinitas, California.
Geotechnics Incorporated (April 1, 2005), Geotechnical Investigation, Residential Development,
1060 Urania Avenue, Encinitas, California.
Geotechnics Incorporated (April 11, 2007), Workplan For Phase II Environmental Site
Assessment, Fritz Property, 1253 Urania Avenue, Encinitas, California 92024.
Geotechnics Incorporated (June 6, 2007), Workplan Addendum For Environmental Site
Assessment, Fritz Property, 1253 Urania Avenue, Encinitas, California 92024.
Geotechnics Incorporated (July 1, 2007), Phase II Environmental Site Assessment, Fritz
Property, 1253 Urania Avenue, Encinitas, California 92024.
Phase One Inc. (August 4, 2011), Limited Phase II Environmental Site Assessment, Chino
Greenhouse, Inc., 1253 Urania Avenue, Encinitas, California.
Phase One Inc. (August 26, 2011), Phase II Environmental Site Assessment, Chino
Greenhouse, Inc., 1253 Urania Avenue, Encinitas, California.
USGS topographic map, Encinitas, California 7.5- Minute Quadrangle (2005)
Page 13
TABLE
Table 1 - Soil Analytical Testing Summary
Seaside Ridge (Former Fritz Property)
Encinitas, California
Sample
Designation
Depth
(feet)
TPH
(mg /kg)
EPA 80158
4,4 -DDE (pg /kg)
EPA 8061A
4,4 -DOD (Vg /kg)
EPA 8081A
4,4 -DOT (pg /kg)
EPA 8081A
Toxaphene (pg /kg)
EPA 8081A
Other Organochlorine
Pesticides (Vg /kg)
EPA 8081A
Geotechnics Incorporated (2007)
P -1
0.5
14
--
-
P -2
0.5
10
--
--
P-3
0.5
16
P4
0.5
14
P -5 (0')
05
940
END
P-5(2')
2
NO
S-1
0.5
NO
NO
NO
NO
S -1 A
05
NO
NO
NO
NO
S -2
0.5
-
NO
NO
NO
NO
S-2(A)
0.5
NO
NO
NO
NO
NO
S -3
0.5
13
NO
NO
NO
NO
S -3 B
0.5
61
NO
40
NO
NO
S4
0.5
84
20
34
220
NO
S-4(B)
0.5
23
NO
124
NO
NO
S -5
0.5
82
12
16
130
NO
S -5 C
0.5
NO
NO
NO
NO
NO
5 -6.6"
0.5
480
NO
350
4,700
Chlordane -3,600
5-6 -1'
1
730
160
530
1,500
NO
S-6 -2'
2
--
29
NO
13
NO
NO
5 -6 -2X'
2.5
S-6 C
0.5
NO
NO
NO
NO
NO
S -7
0.5
270
46
140
510
NO
S -8
0.5
170
28
140
630
NO
S -9
0.5
--
61
11
22
120
NO
5 -10
0.5
--
28
8.8
21
140
NO
5 -11
0.5
48
NO
NO
NO
NO
5 -12
0.5
100
39
28
480
NO
5- 13-6"
0.5
690
310
34
280
NO
5 -13 -1'
1
600
510
33
NO
NO
5- 14-6"
0.5
700
1 310
120
370
NO
5 -14 -1'
1
270
82
35
NO
NO
S -15 -6"
0.5
210
19
170
630
NO
5 -15 -1'
1
17
NO
12
NO
NO
S -16 -6"
0.5
300
NO
300
1400
NO
5 -16 -1'
1
25
NO
31
210
NO
S -17-6"
0.5
770
490
NO
NO
NO
5 -17 -1
1
--
990
480
35
ND
NO
S- 18-6"
0.5
860
38
370
830
NO
5 -18 -1'
1
6.6
NO
NO
NO
NO
5 -19 -6"
0.5
280
120
50
470
NO
5 -19 -1'
1
17
NO
13
NO
NO
5 -20 -6"
0.5
21
NO
NO
NO
NO
S -20 -1'
1
87
NO
39
240
NO
Phase Onelnc. 2011
HA -1 -5
0.5
67
14
17.7
NO
Dieldrin - 11 4
HA -1A -5
0.5
178
165
NO
NO
Dieldrin - 10.9
HA -1A -10
i
NO
NO
NO
NO
NO
HA-1B-5
5
222
312
94
Dieldnn - 18.5
HA -1B -10
10
NO
NO
NO
NO
NO
HA -1C -5
5
NO
NO
NO
NO
NO
HA -1C -10
10
NO
NO
NO
NO
NO
HA -2 -1
1-
364
248
19.9
NO
Chlordane - 7.84
Dieldnn - 33.4
Endosulfan II - 17 4
Heptachlor Epoxide - 13.2
HA -2A -1
1
105
109
66.6
1020
ND
HA-2A -3
3
NO
NO
NO
NO
NO
HA -2B -1
1
1
78.6
82.4
113
1,100
Chlordane - 67.7
HA -213-3
3
1
NO
NO
NO
NO
NO
Sample
Designation
Depth
(feet)
TPH
(mglkg)
EPA 80158
4,4 -DDE (pglkg)
EPA 8081
4,4 -DOD (pglkg)
EPA 8081A
4,4 -DOT (pglkg)
EPA 8081A
Toxaphene (pglkg)
EPA 8081A
Other Organochlorine
Pesticides (pg/kg)
EPA 8081A
RA -3 -1
1
—
554
139
394
988
Chlordane - 17.4
Dielddn - 23.6
Endosulfan II - 33.2
Endrin Aldeh e - 19.3
Heptachlor Epoxide - 7.B1
HA -3A -1
1
46.4
26.4
24.8
453
NO
HA -3A -3
1 3
NO
NO
NO
NO
NO
HA -381-1
1
332
41.4
24.8
321
Chlordane - 60.8
HA -3B-3
3
134
73
143
1170
Chlordane -41.9
HA -3C -1
1
191
133
128
889
NO
HA -3C -3
3
9.1
NO
NO
ND
NO
HA-4 -1
1
28
34.3
18.6
ND
Chlordane - 27.4
HA -4A -1
1
12.1
23.8
21.2
NO
NO
HA-4A -3
3
46
155
106
506
ND
HA-46 -1
1
155
225
479
1160
ND
HA -46-3
3
NO
NO
NO
NO
NO
HA -5 -1
1
NO
NO
NO
ND
NO
HA-6 -1
I
—
NO
NO
NO
ND
ND
HA -7 -1
1
13.9
NO
NO
ND
NO
Residential CHHSL
NA
1,600
2,300
1,600
460
Chlordane - 430
Dieldrin - 35
Endosulfan ll - NA
Endrin Aldehyde - 21,000
Heptachlor Epoxide - 130
TTLC
NA
1,000
1,000
1,000
5,000
Chlordane - 2500
Dieldnn - 8.000
Endosulfan ll - NA
Endrin Aldehyde - 200
Heptachlor Epoxide - 4 700
NU - Not detected at or above laboratory reporting limit
NA - Not applicable
( - - -) - Not analyzed
Residential CHHSL - California Human Health Screening Level for Residential Soil
TTLC - Total Threshold Limit Concentration
Concentrations in bold exceed one or more of the above referenced regulatory cdtena
FIGURES
a 5 1 TN MN
MKES
A 1000 0 1000 2000 7000 0000 5000 130
FEET
N 5 0 _ KMOMETFPS t
IWO 0 ME E 1000 10/03/11
*IT o111 I[ncIN1a,. i,A 7 z I opn_raphic Quadrano I c ]nuz
ADVANTAGE
CDNSULTANTS, LLC.
145 Vallecitos De Oro, Suite 201
San Marcos, CA 92069
Phone: 760- 744 -3363 Fax 760 -744 -3363
Figure 1
Vicinity Map
Seaside Ridge (Former Fritz Property)
Encinitas, California
Work Order No
11 -096SD
Report Date: Drawn By:
October 2011 1 TJ
APPENDIX A - COMMUNITY HEALTH AND SAFETY PLAN
COMMUNITY HEALTH AND SAFETY PLAN
Seaside Ridge (Former Fritz Property)
Encinitas, California
Project Description
On behalf of Warmington Residential California, Inc., Advantage Environmental
Consultants, LLC (AEC) has prepared this Community Health and Safety Plan (CHSP)
for the proposed Seaside Ridge (former Fritz Property) residential subdivision in
Encinitas, California (Site). The Site consists of three legal parcels as follows:
County of San Diego
APN
Recorded Physical
Address
Acreage
Parcel Designation
Per Project
254- 351 -30 -00
1253 Urania Avenue
2.42
Parcel A
254 - 351 -31 -00
956 Normandy Road
3.42
Parcel B
254 - 351 -32 -00
None
3.25
Parcel C
Historically, the agricultural operation at the Site was identified as Chino Greenhouses.
Agricultural related structures at the Site are currently present and slated for demolition
in the near future. The Site is situated generally north of Normandy Road, east of
Urania Avenue and west of Saxony Road. Adjacent properties on all sides of the Site
consist of residential and agricultural properties.
Several prior Phase I and II Environmental Site Assessment (ESA) reports pertaining to
the Site have been published between 2007 and 2011 As discussed in the prior ESA
reports, the historical use of the Site has resulted in residual concentrations of
agricultural chemicals, particularly organochlorine pesticides (OCPs), in shallow soil at
the property. Concentrations of OCPs (primarily toxaphene) above California Human
Health Screening Levels (CHHSLs) for residential soil, the applicable cleanup levels for
OCPs at the Site (assuming a future residential land use), are present in what appear to
be six locations within the Site boundaries. In addition, there is an area of limited and
shallow petroleum hydrocarbon impact in the southeastern corner of the Site (former tar
drum storage area). Metals (including arsenic) are not considered to be contaminants
of potential concern at the Site.
Contaminants in the six areas where OCPs above residential CHHSLs are present and
the area where petroleum hydrocarbon impacts are present are generally defined
laterally but in some areas are not fully defined. Supplemental assessment to define
the extent of pesticides and petroleum hydrocarbons in shallow soil at the Site will be
conducted concurrently with proposed impacted soil removal activities.
This CHSP is included as an appendix to the Work Plan for Additional Site Assessment
and Concurrent Remedial Action (Work Plan) for the project. The primary objective of
the Work Plan is to affirm the protection of human health during the proposed soil
management activities. Management of soil contaminated with hazardous substances
and petroleum products during the proposed excavation activities at the Site will be
conducted under the oversight of the County of San Diego Department of
Environmental Health (DEH) via the Voluntary Assistance Program. At the completion
of the soil management activities, AEC will submit a Site Closure Report and request
concurrence from DEH regarding the removal action activities completed.
The objective of this CHSP is to assist in providing adequate protection of human and
public health during the planned remediation activities at the Site and implementation of
the PMP. This plan is not a worker health and safety plan and it should not be used for
such a purpose. A worker health and safety plan will be drafted at a later date prior to
the commencement of mitigation activities.
Evaluation of Potential Public Exposure to Hazards
Potential public health hazards and exposure pathways resulting from Site activities
may result from exposure to dust, noise, and physical hazards. Vapors resulting from
petroleum hydrocarbons and associated volatile organic compounds (VOCs) are not
considered to be potential concerns at the Site or conditions that will be encountered
during grading activities. Exposure to organochlorine pesticide impacted dust is the
hazardous constituents of primary concern. Inhalation of ambient dust is the exposure
route of primary concern. These substances may also enter the unprotected body by
skin absorption, eye contact, and /or inadvertent ingestion. Chemical exposures are
generally divided into two categories: acute and chronic. Symptoms resulting from an
acute exposure usually occur during or shortly after exposure to a sufficiently high
concentration. Symptoms resulting from a chronic exposure generally occur following
prolonged or repeated exposures to lower concentrations. The concentrations required
to produce symptoms of exposure depend upon the medium in which the compounds
occur, the duration of exposure, and the number of exposures. Generally, symptoms
resulting from an exposure to pesticide impacted dusts include, but are not limited to,
irritation of mucous membranes and pharynx, nasal perforation, irritation of the eyes
and /or skin.
Potential physical hazards to the public associated with soil excavation include
explosion, fire, electrical shock, and noise exposure.
Explosions and fires often arise spontaneously. However, they more
commonly result from activities where an ignition source (such as a spark from
equipment) is introduced to an explosive or flammable environment. Workers
will use spark resistant equipment and tools (when feasible), and fire
extinguishers will be made available during the Site activities to assist in
preventing such a situation.
Electrical hazards include buried cables which pose a danger of shock or
electrocution if workers or equipment contact or sever them during Site
operations. In accordance with State law, Underground Service Alert (USA) will
be notified at least 48 hours prior to any excavation activities. A private utility
locating company will also likely be retained by the contractor or Site owner as
part of the development activities.
Noise hazards can be created by equipment that generates noise in excess of
auditory capacity thresholds. Noise in excess human auditory thresholds can
result in physical damage to the ear.
Control Methods
Site Security. To assist in excluding the public from the Site, a chain - linked
fence will be constructed around the perimeter of the Site. Access gates
(locations yet to be determined) will be installed along the Site perimeter as well.
Gates will be locked after hours, closed during construction activities, and
opened when construction or employee vehicles or equipment enter or exit the
project area.
Vapors. In the unlikely event that unforeseen petroleum hydrocarbon impacted
soil that is emitting VOC vapors, engineering and construction practices will be
used to reduce vapor emissions including covering off - gassing excavations or
stockpiles, misting excavations or stockpiles with water or other vapor
suppressing agents, locating stockpiles away from and /or downwind of public
receptors, and stopping work until mitigation measures are in place.
Dust Control. Dust control methods will be taken to minimize potential public
exposure to dust generated as a result of the planned excavation activities.
Dust suppression measures to be employed include, covering stockpiled soil
with plastic sheeting, reducing the pace of the excavation as required until
effective mitigation measures are in place, and /or maintaining levels of soil
moisture by means of continuous moistening.
Noise. Noise levels are not expected to exceed the maximum allowable levels
for the area. Work hours will be limited to between 7 a.m. and 5 p.m., Monday
through Saturday.
Open Excavations. Open excavations will be secured from public access by
placing barricades or pylons at the perimeter of the excavations and locking
access gates to the Site at the conclusion of each day's field activities. In
accordance with 29 CFR 1926.652, the walls and faces of any excavations and
trenches over 4 -feet deep will be guarded by a shoring system, sloping of the
ground, or some other equivalent means, such as trench boxes, shields, or other
approved movable shoring systems. Trenches less than four feet deep where
hazardous ground movement is likely will also require protection. Any area to
be subjected to excavation will be secured with fencing. The fence will be
placed at such a distance from the excavation so as to inhibit viewing in the
excavation, and thus reduce the potential for public and transient curiosity. A
competent person will make daily inspections of trenches and excavations to
assure adequate slopes, shoring, and bracing, and to check for evidence of
potential slides or cave -ins. More frequent inspections may be necessary after a
rain event.
Stockpiled Soil. Excavated soil will be temporarily stockpiled and covered with
plastic sheeting to reduce the potential for runoff. Disposal of the soil at an off -
Site recycling facility will occur once the laboratory analytical results are known
and waste profiling and characterization are completed.
BMPs. Stockpiles will be protected from storm water run -on by fiber rolls, gravel
bags, or other appropriate methods. Soil stockpiles will be protected from wind
erosion by application of water and by placing on and covering with plastic
sheeting.
Air Monitoring
In the unlikely event that VOC impacted soils are encountered at the Site during the
excavation activities, air monitoring will be performed utilizing a hand -held
photoionization detector (PID) to assess potential levels of organic vapors possibly
resulting from diesel /gasoline vapors releasing from excavated soil. Fugitive organic
chemical vapors would be monitored along in the vicinity of the excavation perimeter at
15- minute intervals throughout each work day in which excavation activities occur. A
reading of 10 parts per million or greater on a PID at the down -wind perimeter would
initiate taking corrective measures. The PID would be calibrated in accordance with
manufacturer specifications and monitoring records will be maintained and made
available for review upon request. Dust monitoring will be conducted by AEC field staff
and will inform the contractor to increase wetting other dust control measures if any
visible dust is observed during the remedial excavation work.
Site Safety Manager
The designated Site safety manager for the contractor will be determined at a later date.
The Site safety manager will have the knowledge and authority necessary to cease any
and all construction activities at the Site in the event of an emergency. The Site safety
manager will work in conjunction with AEC representatives regarding soil contamination
hazards. In the event of a sudden release of a substance that represents an imminent
threat to public health, the Site safety manager will initiate the cessation of activity
contributing to such a release and notify the DEH.
The primary AEC project representatives are as follows:
Project Manager #1 /Cell No.: Daniel Weis
(760) 275 -9229
Project Manager #2 /Cell No.: Eric Cathcart
(619) 840 -1210
Site Safety Officer /Cell No.: Mike Faulkner
(619) 623 -7115
Emergency Planning
If a community emergency situation arises, the Site Safety Officer will immediately
coordinate the appropriate emergency response with other on -Site personnel and the
developer, as well as the County of San Diego DEH.
Public Notification
The attached public notification form (to be modified and finalized closer to the
commencement of redevelopment activities and upon contractor selection) will be
posted in numerous conspicuous locations including, but not limited to the perimeter
fencing at the project Site (four corners and entrance gates). The notification may also
be personally delivered to adjacent property owners and occupants.
Worker Health and Safety
As stated previously, the designated Site safety manager for the contractor will be
determined at a later date. The Site safety manager will coordinate with project
representatives to ensure that their workers involved with the displacement and/or
handling of contaminated soil are properly trained to conduct such activities. Worker
health and safety guidelines or procedures specified by the developer and /or
contractors will be monitored by the Site safety manager and contractor foreman and
include. but are not limited to:
➢ Establishment of work zone controls
➢ Conducting health and safety meetings
Use of proper personal protective equipment
Personal hygiene guidelines
➢ Equipment decontamination procedures
➢ Medical surveillance as required
➢ Emergency response procedures
Site Traffic Control
Ingress and egress points for trucks that will transport impacted soil will be determined
at a later date. The excavation contractor will be required to provide adequate traffic
control (including flag persons) throughout the excavation activities. Prior to the off -Site
transport of soil, the excavation contractor will be responsible for the inspection of each
truckload to ensure that they are adequately covered and properly manifested. The
contractor will also be responsible for ensuring that trucks are cleaned of overburden
soil that may be present on the vehicles. As trucks leave the Site, they will be assisted
by the flag persons to ensure safe merging in to oncoming traffic.
Stormwater Management
A stormwater pollution prevention plan or other related document pertaining to the Site
has not been completed at this time but will be prepared per requirements of the City of
Encinitas.
PUBLIC NOTICE
Seaside Ridge (Former Fritz Property)
Encinitas, California
Advantage Environmental Consultants, LLC and Soclaris Contracting will be conducting
remediation activities at this site, including the excavation of organochlorine pesticide
and petroleum hydrocarbon impacted soil under a work plan that has been approved by
the County of San Diego Department of Environmental Health Some soil to be removed
from the Site contains one or more chemicals known to the State of California to cause
cancer, birth defects or reproductive harm.
Construction activities are scheduled for #### to between the hours of 7 a.m.
and 5 p.m. Monday through Friday. Saturday work between the hours of 8 a.m. and 5
p.m may also be also be conducted at times. Efforts will be made to keep dust, noise
and odor to a minimum.
If there are any public concerns related to these activities please call:
Environmental Consultant: Advantage Environmental Consultants, LLC
Daniel Weis (760) 744 -3363 (office) or (760) 275 -9229 (24 -Hour Contact)
Excavation Contractor: Soclaris Contracting
Sonny Rosenal (619) 465 -3438 (office) or (619) 549 -3438 (24 -Hour Contact)
County of San Diego Department of Environmental Health — Site Assessment and
Mitigation Division
Keith E. Keezer (619) 338 -2908
In the event of an emergency, please call: 911
CALIFORNIA HEALTH AND SAFETY CODE SEC. 25249.6
Advantage Environmental
Consultants, LLC
WORK PLAN FOR ADDITIONAL SITE ASSESSMENT
AND CONCURRENT REMEDIAL ACTION
Seaside Ridge (Former Fritz Property)
Encinitas, California
Voluntary Assistance Program Case #H99145 -001
AEC Project No, 11 -096SD
October 5. 2011
Presented to:
County of San Diego Department of Environmental Health
Site Assessment and Mitigation Division
5500 Overland Ave, Suite 100
San Diego, CA 92123
On Behalf Of:
Warmington Residential California
3090 Pullman Street
Costa Mesa, CA 92626
Prepared by:
Advantage Environmental Consultants, LLC
145 Vallecitos De Oro, Suite 201
San Marcos, California 92069
Phone (760) 744 -3363 • FAX (760) 744 -3383
A)VANTAGE
I VIRONb1EN1'AL
ONSULTANTS, LLC.
Work Plan For Additional Site Assessment
and Concurrent Remedial Action
Seaside Ridge (Former Fritz Property)
Encinitas, California
Advantage Environmental Consultants, LLC has prepared this Work Plan for Additional Site
Assessment and Concurrent Remedial Action for the above referenced property which is being
submitted to the County of San Diego Department of Environmental Health for review, comment and
approval- This Work Plan was completed in accordance with the standards of care exercised by
environmental professionals in the industry and under the technical direction of the undersigned
Dan Weis, R E.H.S., REA
Branch Manager
Western Regional Office
/p - S - 2-0 /
Date
Eric M. Cathcart, MS, PG, REA
Senior Geologist
California PG# 7548
Date
GF,)
i C�t�1G
1`x"8 2
• No• e
0
s'17� 0V
145 Vallec tos De Oro Suite 201 San IAaroos, CA 92069 Phone. 760. 744.3363 Fax 760744 -3383 "email. dweis @aec -env com
TABLE OF CONTENTS
1.0 INTRODUCTION ................................................................................. ..............................1
11 Project Location and Description ............................................. ..............................2
1.2 Regulatory Status and Previous Assessment Work ................ ..............................2
2.0 SITE CONDITIONS ............................................................................. ..............................5
2.1
Topography ..............................................................................
..............................5
2.2
Geology .................................................... ...............................
. .........................5
2.3
Hydrology / Hydrogeology ........................................................
..............................5
3.0 SITE
CONTAMINANTS AND DISTRIBUTION ................................... ..............................6
4.0 PROPOSED MITIGATION ..................................................................
..............................7
4.1
General Approach and Methodology .......................................
..............................7
4.2
Off -Site Receiving Facilities .....................................................
..............................8
4.3
Strategy for Export of Impacted Soils ......................................
..............................9
4.4
Excavation Backfill ..................................................................
.............................10
4.5
Analytical Laboratory Methods ................................................
.............................10
4.6
Unexpected Discoveries During Site Mitigation ......................
.............................10
4.7
Record Keeping ......................................................................
.............................10
4.7.1 Chain -Of- Custody and Sample Tracking ....................
.............................10
4.7.2 Waste Manifesting .......................................................
.............................11
4.7.3 Field Reports ...............................................................
.............................11
4.7.4 Equipment Decontamination .......................................
.............................11
4.8
Reporting ................................................................................
.............................11
5.0 REFERENCES ................................... ...............................
TABLE
TABLE 1 SOIL ANALYTICAL TESTING SUMMARY
FIGURES
FIGURE 1 VICINITY MAP
FIGURE 2 SITE PLAN
qk,191E1
APPENDIX A COMMUNITY HEALTH AND SAFETY PLAN
...............13
Property Mitigation Plan Seaside Ridge (Fortner Fritz Property)
AEC Project No.: 11 -096SD Encinitas, California
1.0 INTRODUCTION
On behalf of Warmington Residential California, Inc., Advantage Environmental Consultants,
LLC (AEC) has prepared this Work Plan for Additional Site Assessment and Concurrent
Remedial Action (Work Plan) for review by the County of San Diego Department of
Environmental Health (DEH) Voluntary Assistance Program (VAP). This Work Plan presents a
work plan to conduct pesticide and petroleum hydrocarbon impacted soil segregation and
management activities at the approximately nine acre property that is slated for construction as
a proposed residential subdivision known as Seaside Ridge in the City of Encinitas, California
(Site). The Site consists of three legal parcels as follows:
County of San Diego APN
Recorded Physical Address
Acreage
Parcel Designation
Per Project
254- 351 -30 -00
1253 Urania Avenue
2.42
Parcel A
254- 351 -31 -00
956 Normandy Road
3.42
Parcel B
254- 351 -32 -00
None
3.25
Parcel C
Several prior Phase I and II Environmental Site Assessment (ESA) reports pertaining to the Site
have been published between 2007 and 2011. As discussed in the prior ESA reports, the
historical use of the Site has resulted in residual concentrations of agricultural chemicals,
particularly organochlorine pesticides (OCPs), in shallow soil at the property. Concentrations of
OCPs (primarily toxaphene) above California Human Health Screening Levels (CHHSLs) for
residential soil, the applicable cleanup levels for OCPs at the Site (assuming a future residential
land use), are present in what appear to be six locations within the Site boundaries. In addition,
there is an area of limited and shallow petroleum hydrocarbon impact in the southeastern corner
of the Site (former tar drum storage area). Metals (including arsenic) are not considered to be
contaminants of potential concern at the Site.
Contaminants in the six areas where OCPs above residential CHHSLs are present and the area
where petroleum hydrocarbon impacts are present are generally defined laterally but in some
areas are not fully defined. However, based on AEC's review of existing data pertaining to the
Site, our understanding of the goal of the remedial project and our past experience in
completing projects of this type, it is our opinion that remedial excavation can commence
concurrently with additional assessment at the Site per the implementation of this Work Plan.
Supplemental assessment to define the extent of pesticides and petroleum hydrocarbons in
shallow soil at the Site will be conducted concurrently with impacted soil removal activities.
Further sampling and testing will be required to implement the Work Plan and complete the
project (i.e. for impacted soil profiling with the selected receiving facility or facilities, interim and
final confirmation soil sampling, etc.). Such protocols and methods are discussed in further
sections of this Work Plan. Impacted soil that is exported from the Site is anticipated to be
removed as non - hazardous waste to a Class III landfill or treatment facility either as a special
waste or for use as daily cover.
Agricultural related structures at the Site are slated for demolition in the near future. Upon
approval of this Work Plan, remedial excavation of soil containing elevated levels of OCPs at
the Site will commence. Due to the anticipated shallow excavation depths, shoring systems will
not be required for the purposes of stabilizing vertical sidewails. In addition, groundwater is not
expected to be encountered during the excavation activities. Following the completion of the
removal action activities and at a later date, mass grading of the Site will be conducted by a
grading contractor to construct roadways and building pads within the planned subdivision. This
Work Plan details soil excavation and management protocols to be employed during remedial
Page 1
Property Mitigation Plan Seaside Ridge (Former Fritz Property)
AEC Project No.. 11 -096SD Encinitas, California
excavation only and will not be applicable to the future mass grading operations to be
conducted at the Site.
The primary objective of this Work Plan is to affirm the protection of human health during the
proposed soil management activities Management of soil that is impacted with elevated
concentrations of OCPs and petroleum hydrocarbons during the proposed excavation activities
at the Site will be conducted under the oversight of the County of San Diego DEH via the VAP.
At the completion of the soil management activities, AEC will submit a Site Closure Report and
request concurrence from DEH regarding the removal action activities completed.
1.1 Project Location and Description
According to data obtained from the County of San Diego Tax Assessor, the legal parcels that
comprise the Site total 9.09 acres. The table below included the Assessor's Parcel Number,
recorded physical address (where applicable), acreage and parcel designation per the project
plans for each of the three parcels that comprise the Site.
County of San Diego APN
Recorded Physical Address
Acreage
Parcel Designation
Per Project
254- 351 -30 -00
1253 Urania Avenue
2.42
Parcel A
254- 351 -31 -00
956 Normandy Road
3.42
Parcel
254- 351 -32 -00
None
3.25
Parcel C
Historically, the agricultural operation at the Site was identified as Chino Greenhouses.
Agricultural related structures at the Site are currently present and slated for demolition in the
near future. The Site is situated generally north of Normandy Road, east of Urania Avenue and
west of Saxony Road. Adjacent properties on all sides of the Site consist of residential and
agricultural properties. A Vicinity Map depicting the general location of the Site is included as
Figure 1. A Site Plan illustrating the general arrangement of the Site is included as Figure 2.
Current structures at the Site are not depicted on the Site Plan as they are slated for demolition
in the near future.
1.2 Regulatory Status and Previous Assessment Work
Prior to the opening of VAP Case# H99145 -001 in 2007, there were no prior DEH regulatory
cases associated with the Site. The Site was also under oversight of the DEH Hazardous
Materials Division (HMD) in past years and is currently listed as an inactive facility in the DEH
HMD database. The Site was referenced as Chino Greenhouses (1253 Urania Avenue) in the
HMD database and with an establishment number of 123394.
The documents listed below (in order of publication) pertaining to the Site have been provided
by the Site owner to AEC for use in preparing this Work Plan and for understanding
environmental conditions at the Site.
• Geotechnics Incorporated (April 1, 2005), Geotechnical Investigation, Residential
Development, 1060 Urania Avenue, Encinitas, California.
• County of San Diego Department of Environmental Health (January 9, 2007), Voluntary
Assistance Program — DEH Case No. H99145 -001 Response Letter, Fritz Property,
1253 Urania Avenue, Encinitas, California.
Page 2
Property Mitigation Plan Seaside Ridge (Former Fritz Property)
AEC Project No.. 11 -096SD Encinitas, California
• Geotechnics Incorporated (April 11, 2007), Workplan For Phase II Environmental Site
Assessment, Fritz Property, 1253 Urania Avenue, Encinitas, California 92024.
• Geotechnics Incorporated (June 6, 2007), Workplan Addendum For Environmental Site
Assessment, Fritz Property, 1253 Urania Avenue, Encinitas, California 92024.
• Geotechnics Incorporated (July 1, 2007), Phase II Environmental Site Assessment, Fritz
Property, 1253 Urania Avenue, Encinitas, California 92024.
• Phase One Inc. (August 4, 2011), Limited Phase II Environmental Site Assessment,
Chino Greenhouse, Inc., 1253 Urania Avenue, Encinitas, California.
• Phase One Inc. (August 26, 2011), Phase II Environmental Site Assessment, Chino
Greenhouse, Inc., 1253 Urania Avenue, Encinitas, California.
• County of San Diego Department of Environmental Health (August 29, 2011), Email
From Keith Keezer to Jim Skinner.
Technical reports included in the list as prepared by Geotechnics Incorporated and DEH written
correspondence regarding the Site are in possession of the DEH at this time. Additional
documents pertaining to the Site as prepared by Phase One Inc. are being submitted to the
DEH concurrently with the submittal of this Work Plan. Such reports prepared by Phase One
Inc. were completed due to lender related requirements for the project.
As discussed in the prior ESA reports, the historical use of the Site has resulted in residual
concentrations of agricultural chemicals, particularly OCPs, in shallow soil at the property.
Concentrations of OCPs (primarily toxaphene) above CHHSLs for residential soil, the applicable
cleanup levels for the Site (assuming a future residential land use), are present in what appear
to be six locations within the Site boundaries. In addition, there is an area of shallow petroleum
hydrocarbon impact (former tar drum storage area) in the southeastern corner of the Site.
Metals (including arsenic) are not considered to be contaminants of potential concern at the Site
based on the prior analytical data obtained for the Site.
As shown in Table 1 (Soil Analytical Testing Summary), a total of 69 soil samples have been
obtained from 48 sampling locations at the Site during prior environmental assessments. Th4
48 sampling locations are also depicted on Figure 2. Sixty eight of the 69 soil samples were
analyzed for one or more contaminants of concern (COCs). The majority of such samples were
collected at depths ranging from 0.5 to 1 foot below the ground surface, with some deeper
samples obtained from depths of 3, 5 and 10 feet below the ground surface. Of the 48 sampling
locations, 43 targeted potential OCP impacts at the Site, which the remaining five locations were
located in the former tar drum storage area.
Sixty -two of the 68 soil samples obtained during the prior investigations were analyzed for
OCPs by United States Environmental Protection Agency (EPA) test Method 8081A. The
remaining six soil samples (former tar drum storage area) were analyzed for total petroleum
hydrocarbons (TPH) by United States EPA test Method 8081 B. Of the various OCPs analyzed
by the EPA 8081 A test method, four compounds were found to be most prevalent at the Site as
follows
Page 3
Property Mitigation Plan Seaside Ridge (Former Fritz Property)
AEC Project No 11 -096SD Encinitas, California
4,4' - dichlorodiphenyldichloroethylene (1,1- bis -(4- chlorophenyl ) -2,2- dichloroethene) —
(4,4' -DDE)
• 4, 4'- dichlorodiphenyldichloroethane - (4,4' -DDD)
• 4,4' — dichlorodiphenyltrichloroethane - (4,4' -DDT)
Toxaphene
In addition, seven detections of chlordane, five detections of dieldrin, two detections of
endosulfan II, two detections of heptachlor epoxide and one detection of endrin aldehyde were
reported. None of the detected concentrations of 4,4' -DDE, 4,4' -DDD, 4,4' -DDT, dieldrin,
heptachlor epoxide and endrin aldehyde exceeded their respective residential CHHSLs
(cleanup goals for the Site) and also Total Threshold Limit Concentrations (TTLCs) which will be
utilized during the profiling of soil to be removed from the Site during the remedial action.
Endosulfan II does not have a reported residential CHHSL or TTLC.
Of the 68 soil samples analyzed for toxaphene as part of the OCP analysis, 26 contained
concentrations of this compound above the laboratory reporting limits. Of the 26 detections of
toxaphene, 16 exceeded its residential CHHSL of 460 micrograms per kilogram (pg /kg). Such
concentrations ranged from 470 pg /kg to 4,700 pg /kg. None of the detected toxaphene
concentrations exceeded its TTLC of 5,000 pg /kg. Of the seven chlordane detections
(concentrations ranging from 7.84 pg /kg to 3,600 pg /kg), one exceeded its residential CHHSL of
430 pg /kg and TTLC of 2,500.
Of the six soil samples analyzed for TPH in the former tar drum storage area, five were obtained
from surficial soils, with the highest concentration reported at 940 milligrams per kilogram
(mg /kg) at location P -5. The remaining four surficial soil samples had reported TPH
concentrations ranging from 10 mg /kg to 16 mg /kg. The soil sample obtained from the two foot
depth of location P -5 did not contain TPH above the laboratory reporting limit.
Page 4
Property Mitigation Plan Seaside Ridge (Former Fritz Property)
AEC Project No 11 -096SD Encinitas, California
2.0 SITE CONDITIONS
2.1 Topography
According to the United States Geological Survey topographic map for the Encinitas, California
7.5 minute quadrangle (2005) and a topographic map of the Site prepared by Pasco
Engineering, the Site ranges in elevation from approximately 180 feet above mean sea level in
the western portion of the Site to 230 feet above mean sea level in the eastern portion of the
Site. Regional topography is shown as sloping to the west and southwest toward the Pacific
Ocean.
2.2 Geology
The Site lies within the Peninsular Ranges Geologic Province of California. This geomorphic
province is traversed by a group of northwest trending sub - parallel fault zones and
encompasses an area that extends 125 miles from the Transverse Ranges and the Los Angeles
Basin south to the Mexican Border and beyond another 775 miles to the tip of Baja California.
Rocks within the Peninsular Range Province were emplaced during Cretaceous age orogenic
events and uplifted into the present mountain ranges during the late Tertiary and Quaternary.
Igneous, metamorphic and sedimentary rocks are all found within the Peninsular Ranges. The
area is seismically active, with several known active faults crossing the Province.
Based on information obtained from the 2005 geotechnical investigation completed at a property
located proximate to the Site (1060 Urania Avenue), the Site is underlain by Pleistocene age
Terrace Deposits consisting of orangish brown to orangish gray silty sandstone, poorly graded
sandstone and clayey sandstone. The sands were reportedly fine to medium grained, moist
and ranged from weakly to strongly cemented in depth. Portions of the nearby property were
also found to be underlain by varying amounts of colluvium and alluvium.
2.3 Hydrology / Hydrogeology
The Site is situated within the Batiquitos Hydrologic Subarea of the Carlsbad Hydrologic Unit
(SWRCB, 1994). Groundwater within this subarea has existing beneficial uses for agricultural
and industrial supply but is exempt from municipal use. During the preparation of the 2005
geotechnical investigation at the nearby 1060 Urania Avenue property, perched groundwater
was reportedly encountered in one soil boring at a depth of 11 feet below the ground surface.
Groundwater was not encountered in other soil borings drilled to the maximum depth of
exploration of 20 feet. Based on information obtained from the State Water Resources Control
Board Geotracker database, static groundwater was measured in groundwater monitoring wells
at depth of 140 feet below the ground surface at a property (691 Sparta Drive, Encinitas,
California) located approximately 800 feet to the southwest of the Site. Groundwater was also
measured at depths of greater than 70 feet below the ground surface at a property (905
Orpheus Avenue, Encinitas, California) located approximately 2,500 feet to the south - southwest
of the Site. The nearest surface waters to the Site are Batiquitos Lagoon and the Pacific Ocean
which are located approximately 1.15 -mile to the north and west of the Site, respectively.
Page 5
Property Mitigation Plan Seaside Ridge (Former Fritz Property)
AEC Project No.. 11 -096SD Encinitas, California
3.0 SITE CONTAMINANTS AND DISTRIBUTION
As stated previously, concentrations of OCPs (primarily toxaphene) above CHHSLs for
residential soil, the applicable cleanup levels for the Site (assuming a future residential land
use), are present in what appear to be six locations within the Site boundaries. In addition,
there is an area of limited and shallow TPH impact in the southeastern corner of the Site (former
tar drum storage area). OCPs are primarily present at depths ranging from one to three feet
below existing grades, with elevated concentrations generally within the upper 0.5 to 1.5 feet
beneath the Site. TPH impacts in the former tar drums storage area appear to be limited to the
upper 0.5 to 1 foot of soil in this area.
Contaminants in the six areas where OCPs above residential CHHSLs are present and the area
where TPH impacts are present are generally defined laterally but in some areas are not fully
defined. However, as stated previously, supplemental assessment to define the extent of COCs
in shallow soil at the Site will be conducted concurrently with impacted soil removal activities
proposed herein. As stated previously, historical OCP and TPH data obtained at the Site is
included in Table 1 and sampling locations are presented on Figure 2.
Page 6
Property Mitigation Plan Seaside Ridge (Former Fritz Property)
AEC Project No.: 11 -096SD Encinitas, California
4.0 PROPOSED MITIGATION
4.1 General Approach and Methodology
The remedial strategy for this project is the excavation and removal of soils containing levels of
COCs in excess of the cleanup goals from the Site to appropriate off -Site, regulated receiving
facilities. Such cleanup goals are as follows:
• OCPs - < Residential CHHSLs (values shown on Table 1)
• TPH - <10 mg /kg
The California Water Code and Titles 23 and 27 of the California Code of Regulations dictate
that soil with detectable concentrations of hazardous substances or petroleum products above
interpreted background levels are considered to be "waste" following excavation. Any waste is
required to be transported to an appropriate waste management facility and be treated, stored,
or disposed, and/or reused on -site or off -site in accordance with applicable local, state, and
federal regulations. However, Section 105215 of the California Health and Safety Code, which
discusses the regulatory reporting of incidents that pertain to pesticide spills and accidental
releases of pesticide products, does not indicate that pesticides present in soil resulting from
conventional application during agricultural application is considered to be a hazardous or
regulated waste. Based on the regulatory and historical research completed during the
preparation of the prior environmental assessments completed for the Site, no information has
been revealed that would lead AEC to believe that an accidental spill or release of pesticide
products has occurred at the Site. Regardless, the approach to the mitigation activities
proposed herein is considered to be risk -based given the proposed future residential use of the
Site. During the implementation of this Work Plan, impacted soil displaced by the excavation
contractor during the remedial excavation activities will be segregated, stockpiled (if applicable),
sampled and shipped to regulated receiving facilities.
It should be noted that there were other remedial alternatives evaluated for the remediation of
COC impacted soil at the Site. Such alternatives include on -Site reuse of soil containing OCPs
above residential CHHSLs, stabilization /treatment of impacted soil and subsequent on -Site
reuse, partial removal and capping of remaining contaminated soil and no action. Each remedial
alternative was evaluated with respect to effectiveness, feasibility, and cost.
• On -Site reuse of soil containing OCPs and TPH exceeding cleanup goals for the Site
(with or without treatment/stabilization) is not a feasible alternative as it would be difficult
to implement such a strategy given the proposed development plan. In addition, such an
approach would require notification to the San Diego Regional Water Quality Control
Board and likely Waste Discharge Requirements which would result in excess time and
cost to complete the project. In addition, it is our understanding that the City of Encinitas
is not in favor of reuse of soil containing agricultural chemicals above cleanup goals at
residential properties.
• A partial removal action and capping with soil containing COCs below Site cleanup goals
is a viable remedial alternative, however such an approach would likely require
additional regulatory agency notifications /possible oversight and long -term operations
and maintenance monitoring of the cap. The potential need to repair the cap due to
erosion. human disturbance or other factors coupled with the long -term O&M monitoring
and the cost to complete the partial removal action, could exceed the overall cost to
Page 7
Property Mitigation Plan Seaside Ridge (Former Fritz Property)
AEC Project No. 11 -096SD Encinitas, California
complete the proposed complete removal action. In addition, the Site owner would
retain long -term liability regarding the underlying contamination in this scenario.
Taking no action is also not a viable alternative for the project as the land use of the Site
is proposed to change from agricultural /commercial to residential and the Site owner
wishes to remove soil from the Site with COC concentrations that exceed the cleanup
goals for the property. In addition, the Site owner desires to remove the impacted soil
and obtain a concurrence letter from the DEH regarding the forthcoming remedial
excavation work.
AEC environmental professionals working under the oversight of a California Professional
Geologist will be present at all times during the remedial excavation activities conducted during
the course of the project. Personnel responsible for and involved in the implementation of this
Work Plan will be thoroughly knowledgeable and experienced in the various aspects of the work
to be completed. This knowledge and experience will include, but not be limited to, familiarity
with the Site geologic and hydrogeologic conditions, laboratory data review and verification, Site
physical conditions and access, Site personnel and contacts and Site health and safety rules,
procedures, and protocols. Field personnel will have 40 -hour Hazardous Waste Operations and
Emergency Response ( HAZWOPER) training and current 8 -hour annual refresher training in
accordance with 29 Code of Federal Regulations 1910.120 (Title 8 California Code of
Regulations 5192]. Site field work will also be conducted in accordance with a Site - specific,
worker health and safety plan. In addition, employees of the remedial excavation contractor
retained for this project who will be in contact with contaminated soil will have the proper 40-
hour HAZWOPER training. The excavation contractor will also hold a Class A, Engineering
Contractor's license with a Hazardous Substance Removal Certification (HAZ) issued by the
State of California.
4.2 Off -Site Receiving Facilities
Names, addresses and telephone numbers of potential regulated facilities to receive impacted
soil to be removed from the Site are as follows:
• Miramar Landfill — City of San Diego
5180 Convoy Street, MS 1103B, San Diego, California
Telephone: 858.694.7000
• Otay Mesa Landfill — Republic Services
1300 Maxwell Road, Chula Vista, California
Telephone: 619.421.5192
• South Yuma County Landfill
19536 S Avenue 1 E
Yuma, AZ 85365
Telephone: 928.341.9300
• Sycamore Landfill — Republic Services
8514 Mast Boulevard, Santee, California
Telephone: 619.449.4053
Page 8
Property Mitigation Plan Seaside Ridge (Former Fritz Property)
AEC Project No 11 -096SD Encinitas, California
• Western Environmental Recycling Facility
62150 Gene Welmas Drive, Mecca, California
Telephone: 760.396.0222
During the preparation of this Work Plan, AEC confirmed with each of the above referenced
facilities that non - hazardous soil containing OCPs and TPH can be accepted at such facilities.
It should be noted that while the facilities referenced above are being considered, final decisions
pertaining to the use of such facilities will be made at or closer to the time of the
commencement of excavation.
4.3 Strategy for Export of Impacted Soils
As stated previously, the remedial strategy for this project is the excavation and removal of soils
containing levels of COCs in excess of the cleanup goals from the Site to appropriate off -Site,
regulated receiving facilities. It is anticipated that initial remedial excavation activities will
involve the displacement and stockpiling or direct loading to trucks for off -Site disposal of soil
containing OCPs and TPH above the cleanup goals for the Site. It is likely that some of the
impacted soil will be pre- approved for off -Site disposal by the facilities accepting the soil. The
soil profiling will be based on the available analytical data collected during the previous Site
characterization activities. Additional soil samples may be collected and analyzed for OCPs,
TPH or other constituents (as required by the regulated receiving facilities) to complete the
waste profiles. All soil samples will be analyzed at a State - certified analytical laboratory under
chain -of- custody protocol.
As shown on Figure 2, there are six areas at the Site where OCPs in excess of residential
CHHSLs are anticipated to be present (Areas 1 through 6) and one area where shallow TPH
impacts are present (Area 7). AEC will direct the excavation contractor to excavate and
stockpile or direct load soil from such areas (shaded red on Figure 2). Such soil will be
removed from the Site to regulated receiving facilities. The excavated areas around the former
sampling locations that exhibited elevated COC concentrations (Areas 1 through 7) will be no
less than 400 square feet in size. Following the excavation of the seven areas of potential
concern, confirmation soil samples will be collected from the excavated areas at a ratio of one
sample for every 200 square feet from the base of the excavated areas and at approximately 20
foot lateral intervals from the sidewalls. The confirmation soil samples collected will be
analyzed at a stationary analytical laboratory for OCPs by EPA test Method 8081A (Areas 1
through 6) or TPH by EPA test Method 80156 (Area 7). If OCPs in exceedence of residential
CHHSLs or TPH in excess of 10 mg /kg are found in one or more of the confirmation soil
samples, additional excavation will occur and further delineation will be conducted under the
same protocol as described previously in this section.
Once all confirmation soil samples within the base and sidewalls of the Areas 1 through 7
exhibit COC concentrations below Site cleanup goals, additional sampling of areas shaded gray
on Figure 2 will be conducted via test - pitting to be completed by the excavation contractor.
These areas represent locations where elevated concentrations of OCPs or TPH may be
present and as such, require additional assessment. One soil sample per 2,500 square feet will
be collected within such areas. Soil samples from such areas will be collected by AEC field
representatives directly from the backhoe bucket in to analytical laboratory provided glass jars.
The assessment samples will be analyzed by the analytical laboratory for OCPs (vicinity of
Areas 1 through 6) or TPH (vicinity of Area 7). If OCPs in exceedence of residential CHHSLs or
TPH in excess of 10 mg /kg are found in one or more of the assessment soil samples, remedial
Page 9
Property Mitigation Plan Seaside Ridge (Former Fritz Property)
AEC Project No 11 -09GSD Encinitas, California
excavation will occur around such areas at square footages to be determined in the field and
based on the results of adjacent assessment samples collected during the fieldwork activities.
Such impacted soil will be managed in the same manner as described previously in this plan.
Once all areas of potential concern at the Site have been excavated and confirmed to be
remediated to residential standards, soil mitigation at the Site will be considered to be complete.
4.4 Excavation Backfill
Following the completion of mitigation activities, the excavated areas will be backfilled utilizing
soil from the Site outside of the remediated areas. Compaction requirements (if applicable) will
be provided by the Site owner No import soil will be used as backfill material at the Site.
4.5 Analytical Laboratory Methods
As stated previously, OCPs and TPH are considered to be the only COCs at the Site at this
time. However, additional analytical methods may be utilized during the course of the project in
order to profile the impacted soil at off -Site receiving facilities. A list of additional analytical
laboratory methods to be used (if required) during waste profiling activities is as follows:
• Organophosphorous compounds by EPA test Method 8141;
• Chlorinated herbicides by EPA test Method 8151,
• Volatile organic compounds by EPA test Method 82608;
• Title 22 Metals by EPA test Methods 6010B and 7471 A;
• Single element metal (i.e. total lead, copper, etc.) by EPA test Method 60108;
• Polycyclic Aromatic Hydrocarbons by EPA test Method 8270C SIM;
• Semi - volatile organic compounds by EPA test Method 8270C;
• Polychlorinated Biphenyls by EPA test Method 8082;
• Soil pH by EPA test Method 9045; and
• 96 -Hour Fathead Minnow Fish Bioassay.
4.6 Unexpected Discoveries During Site Mitigation
Due to the uncertainty associated with soil mitigation, contaminant conditions and distribution
may vary from what is described in this Work Plan. Following discovery of an unexpected
condition that requires modification to the remediation methods and protocols described in this
Work Plan, the DEH will be informed and plan amendments will be submitted for review and
approval.
4.7 Record Keeping
4.7.1 Chain -Of- Custody and Sample Tracking
Chain -of- custody procedures will be followed to establish a written record of sample handling
and movement between the Site and the analytical laboratories. All soil samples will be
delivered to the analytical laboratories on ice to maintain the samples at a target temperature of
4 °C +l- 2 °C. The chain -of- custodies will contain the following information:
Project Location,
Sample identification number;
Date and time of collection;
Page 10
Property Mitigation Plan Seaside Ridge (Former Fritz Property)
AEC Project No.. 11 -096SD Encinitas, California
• Sample collector's printed name and signature,
• Sample matrix,
• Analyses requested, and
• Signatures of individuals involved in the chain of possession.
4.7.2 Waste Manifesting
All soil that is transported to off -Site regulated landfill or treatment facilities will be done so
under proper protocols to track the movement of soil from the point of generation to the final
disposal point. As stated previously, impacted soil that is exported from the Site is anticipated
to be removed as non- hazardous waste to a Class III municipal waste either as a special waste
or for use as daily cover. If the soil is profiled as a special waste, non - hazardous waste
manifests will be utilized. In the event that impacted soil is utilized as daily cover and not
profiled as a special waste, standard bills of lading will be used.
4.7.3 Field Reports
In order to provide complete documentation of the fieldwork activities, detailed records will be
maintained by field personnel. At a minimum, these records will include the following
information:
• Site name and address;
• Date;
• Name of field log recorder;
• Team members present on -Site and associated duties;
• Other persons on -Site (i.e. subcontractors, regulatory personnel, etc.);
• A brief summary of meeting(s) held at the Site,
• Weather conditions,
• Calibration readings for field monitoring equipment (if used); and
• Any other relevant information.
4.7.4 Equipment Decontamination
Any non- dedicated sampling equipment will be decontaminated between uses by washing with
a non - phosphate detergent solution followed by successive rinses in tap and drinking water.
Disposable field equipment will not be decontaminated but will be placed in to plastic trash bags
for proper disposal.
4.8 Reporting
Following completion of the soil remediation /excavation activities, AEC will prepare a Closure
Report in accordance with the most current edition of the DEH Site Assessment and Mitigation
Manual and submit it to the DEH for review. The report will describe in detail the
implementation of this Work Plan and items that will include but are not limited to:
• Soil profiling and characterization;
• Results of waste profiling, confirmation and assessment related sampling and laboratory
analysis;
• Excavation and segregation activities;
Page 11
Property Mitigation Plan
AEC Project No.: 11 -096SD
Seaside Ridge (Former Fritz Property)
Encinitas, California
• Analytical results; and
• Documentation of the disposition of impacted soil that is exported from the property.
The report will include plans that depict the locations of confirmation and assessment soil
samples and will demonstrate to DEH that soil impacted with various COCs was adequately
segregated, removed from the property and disposed of at appropriate off -site facility and that
soil remaining at the Site is suitable for a residential land use. Other supporting documentation
to be included with the report will include copies of analytical laboratory reports /chain -of- custody
documentation and waste manifests /bills of lading from the facilities receiving contaminated soil
that is exported from the property. The Closure Report will request a no further action
determination for the property and will be signed by a State of California licensed Professional
Geologist. In addition, all work requiring geologic interpretation for this project will be completed
under the oversight of a State of California licensed Professional Geologist.
Page 12
Property Mitigation Plan
AEC Project No.: 11 -096SD
5.0 REFERENCES
Seaside Ridge (Former Fritz Property)
Encinitas, California
California State Water Resources Control Board, Water Quality Control Plan for the San Diego
Basin (9), San Diego, California, Published 2002;
County of San Diego Department of Environmental Health (August 29, 2011), Email From Keith
Keezer to Jim Skinner.
County of San Diego Department of Environmental Health, Site Assessment and Mitigation
Manual (2004);
County of San Diego Department of Environmental Health (January 9, 2007), Voluntary
Assistance Program — DEH Case No. H99145 -001 Response Letter, Fritz Property, 1253
Urania Avenue, Encinitas, California.
Geotechnics Incorporated (April 1, 2005), Geotechnical Investigation, Residential Development,
1060 Urania Avenue, Encinitas, California.
Geotechnics Incorporated (April 11, 2007), Workplan For Phase II Environmental Site
Assessment, Fritz Property, 1253 Urania Avenue, Encinitas, California 92024.
Geotechnics Incorporated (June 6, 2007), Workplan Addendum For Environmental Site
Assessment, Fritz Property, 1253 Urania Avenue, Encinitas, California 92024.
Geotechnics Incorporated (July 1, 2007), Phase II Environmental Site Assessment, Fritz
Property, 1253 Urania Avenue, Encinitas, California 92024.
Phase One Inc. (August 4, 2011), Limited Phase II Environmental Site Assessment, Chino
Greenhouse, Inc., 1253 Urania Avenue, Encinitas, California.
Phase One Inc. (August 26, 2011), Phase II Environmental Site Assessment, Chino
Greenhouse, Inc., 1253 Urania Avenue, Encinitas, California.
USGS topographic map, Encinitas, California 7.5- Minute Quadrangle (2005)
Page 13
Table t - Soil Analytical Testing Summary
Seaside Ridge (Former Frih Property)
Encinitas, California
Sample
Designation
Depth
(feet)
TPH
(mg/kg)
EPA 80158
4, EPA 8081A
EPA 8081A
4,4-ODD PA 8 (81A
EPA 8081A
4,4-DOT (81A
EPA 80B1A
ToxEPA (pg/kg)
EPA 8081A
Other Organochlorine
Pesticides (pglkg)
EPA BOBtA
Geotechnics Incorporated 2007
P -1
0.5
14
-
-
P -2
0.5
to-
P-3
0,5
16
-
-
P<
0.5
14
P-5(0p)
0.5
940
P-5(2')
2
NO
51
0.5
NO
NO
NO
ND
NO
S1A
005
ND
NO
NO
NO
NO
52
0.5
NO
NO
NO
NO
NO
S-2(A)
0.5
NO
NO
NO
NO
NO
S -3
0.5
13
NO
NO
NO
NO
S-3(81
0.5
61
NO
40
ND
NO
S4
0.5
84
20
34
220
NO
S4 (B)
0.5
1
23
NO
124
NO
NO
S -5
0.5
82
12
16
130
NO
S-5(C)
0.5
NO
NO
NO
NO
NO
S86"
0.5
480
NO
350
4.700
Chlordane -3600
SE-1'
1
730
160
530
1500
NO
56-2'
2
29
NO
13
NO
NO
5 -6 -21/1'
2.5
SEC
0.5
NO
NO
NO
NO
NO
S -7
0.5
270
46
140
510
NO
S -8
0.5
170
28
140
630
NO
S9
0.5
61
11
22
120
NO
5 -10
0.5
28
8.8
21
140
NO
S -11
0.5
48
NO
NO
ND
NO
5 -12
0.5
100
39
28
480
NO
S -13E"
0.5
690
310
34
280
NO
5 -13-1'
1
600
510
33
NO
NO
S- 14-6"
0.5
700
310
120
370
NO
S -14 -1'
1
270
82
35
NO
NO
S -15E"
0.5
210
19
170
630
NO
5 -15-1'
1
17
NO
12
NO
NO
5- 16-6"
0.5
300
NO
300
1.400
NO
516 -1'
1
25
NO
31
210
NO
5 -17 -6"
0.5
770
490
NO
NO
NO
517 -1'
1
990
480
35
NO
NO
5 -18-6"
0.5
860
38
370
630
NO
518-1'
1
6.6
NO
NO
NO
NO
S79E'
0.5
280
120
50
470
ND
5 -19 -1'
1
17
NO
13
NO
NO
S- 20-8"
1 0.5
21
NO
NO
NO
I NO
5 -20-1'
1 1
87
1 NO
39
240
ND
Phase One Inc.
2011
HA -1 -5
0.5
67
14
17.7
NO
Dieklnn -11.4
HAAA -S
0.5
178
165
NO
NO
Dieldnn -10.9
HAAAA0
1
NO
ND
NO
NO
NO
HA -1 B-5
5
222
312
9.4
Dielddn - 18.5
HA -1B -10
10
NO
NO
NO
ND
NO
HAAC -5
5
NO
NO
NO
NO
NO
HA -1C -1D
10
NO
NO
NO
NO
NO
HA -2 -1
1
-
364
248
19.9
NO
Chlordane - 7.84
Dieldnn -33.4
Endosudan II - 17.4
He lachlor Epoxide - 13.2
HA -2A -1
1
105
109
66.6
1,020
NO
HA -2A -3
1 3
ND
I NO
I NO
NO
NO
HA -2B -1
I 1
78.6
1 82.4
1 113
1,100
Chlordane -67.7
HA -28-3
1 3
ND
I NO
I ND
NO
NO
Sample
Designation
Depth
(feet)
TPH
(A 8015
EPA 8015B
4,4 -DDE (pg /kg)
EPA 8081A
4,4-DDD ( pg/kg)
EPA 8081A
4,4 -DDT (pglkg)
EPA 8081A
Toxaphene ( pglkg)
EPA 8081A
Other Organochlorl)
Pesticides (jig/kg)
EPA 8081A
HA -3 -1
1
–
554
139
394
985
Chlordane - 17.4
Dieldrin - 23.6
Endosulfan II - 33.2
Endrin Aldehyde - 19.3
Heptachlor Epoxide - 7.61
HA -3A -1
1
46.4
26.4
24.8
453
ND
HA -3A -3
3
ND
NO
NO
NO
ND
HA -3B -1
1
332
41.4
24.8
321
Chlordane -60.8
HA -3B -3
3
134
73
143
1.170
Chlordane -41.9
HA -3C -1
1
191
133
128
899
NO
HA -3C -3
3
9.1
ND
NO
NO
NO
HA4-1
1
28
34.3
18.6
NO
Chlordane -27.4
HA-4A -1
1
12.1
23.8
21.2
NO
ND
HA4A -3
3
46
155
106
506
ND
HA4B -1
1
155
225
479
1.160
NO
HA -4B -3
3
ND
NO
NO
NO
ND
HA -5 -1
1
NO
ND
NO
NO
ND
HA -6 -1
1
NO
ND
NO
NO
NO
HA -7 -1
1 1
13.9
ND
NO
NO
ND
Residential CHHSL
NA
1,600
2,300
1,600
460
Chlordane - 430
Dieldrin - 35
Endosulfan II - NA
Endrin Aldehyde - 21,000
Heotachlor E aide - 130
TTLC
NA
1,000
1,000
1,000
5,000
Chlordane - 2,500
Dieldrin - 8 000
Endosulfan II - NA
Endrin Aldeh de -200
Heptachlor E oxide -4700
NO - Not detected at or above laboratory reporting limit
NA - Not applicable
( —) - Not analyzed
Residential CHHSL - California Human Health Screening Level for Residential Sod
TTLC - Total Threshold Limit Concentration
Concentrations in bold exceed one or more of the above referenced regulatory ceteris
FIGURES
o s i TN MN
MILES
A IDOD 0 1000 2000 3000 4000 5000 130
iEET
N KIIoME riRS 1
t 0 METERS 1 10/03111
•from Encinitas, CA 7.5' Topographic Quadrangle 2(1)5
ADVANTAGE
CONSULTANTS, LLC.
145 VaElecitos De Oro, Suite 201
San Marcos, CA 92069
Phone: 760 -744 -3363 Fax 760 -744 -3383
Figure 1
Vicinity Map
Seaside Ridge (Former Fritz Property)
Encinitas, California
Work Order No Report Date: Drawn By.
11 -096SD I October2011 I TJ
ADVANTAGE
CONSULTANTS, LLC.
145 Vallecitoa De Oro, State 201
San Man , CA 92069
Phone: 760 -744 -3363 Fax 760 -744 -3383
Residential and Agricultural Properties
IM1y
Site Boundary
— — — Parcel Boundary
• Soil Sample Location (OCPs Less Than Residential CHHSLs)
• Soil Sample Location (OCPs Greater Than Residential CHHSLs
or TPH greater than 10 mg /kg)
Area subject to initial excavation and soil disposal 0 50 100
Area subject to additional assessment
approximate scale in feet
Figure 2
Site Plan
Seaside Ridge (Former Fritz Property)
Encinitas, California
Work Order No.: Report Date. Drawn By:
11 -096SD October 2011 TJ
A
N
S -3 '
S-1 S -2(A) • •HA$
S 1 (A) /
• i'
S-4
PARCEL A �. S-3 (B) •
Residential and Agricultural Properties
i
i
•HA -5 AREA 4
S -2 r
PARCEL B
N
AREA 3 —`• HA-4 i •
AREA 6
o
S-4 (B)
HA- 4A!-4B
S -5
EL
•
S.
_17 AREA 7 (Former Tar Drum Storage Area)
aCi
\'\
S-1 �- -13
rn
>
a
AREA 5
g_j 20 •
a
-a
S-10
S -15 5 P_1
0
-16
P-4
"
PARCEL C
C
d
�
°
S -6 (C)
S� 1 •
P_2 P -3
•
•
HA -1C /1A
S-9
HA -7
•
i��( -HA -1 •
• e5
as
AREA 2 e?
Q°
HA -1B S -.(C)
`a\Q3o9
`�a�a'�
ao
k�c
ca
a
a�
HA -2A c`
AREA 1 3B y`ae
HA -2B EL-e
IM1y
Site Boundary
— — — Parcel Boundary
• Soil Sample Location (OCPs Less Than Residential CHHSLs)
• Soil Sample Location (OCPs Greater Than Residential CHHSLs
or TPH greater than 10 mg /kg)
Area subject to initial excavation and soil disposal 0 50 100
Area subject to additional assessment
approximate scale in feet
Figure 2
Site Plan
Seaside Ridge (Former Fritz Property)
Encinitas, California
Work Order No.: Report Date. Drawn By:
11 -096SD October 2011 TJ
A
N
APPENDIX A - COMMUNITY HEALTH AND SAFETY PLAN
COMMUNITY HEALTH AND SAFETY PLAN
Seaside Ridge (Former Fritz Property)
Encinitas, California
Project Description
On behalf of Warmington Residential California, Inc., Advantage Environmental
Consultants, LLC (AEC) has prepared this Community Health and Safety Plan (CHSP)
for the proposed Seaside Ridge (former Fritz Property) residential subdivision in
Encinitas, California (Site). The Site consists of three legal parcels as follows:
County of San Diego
APN
Recorded Physical
Address
Acreage
g
Parcel Designation
Per Project
254- 351 -30 -00
1253 Urania Avenue
2.42
Parcel A
254- 351 -31 -00
956 Normand Road
3.42
Parcel
254- 351 -32 -00
None
3.25
Parcel C
Historically, the agricultural operation at the Site was identified as Chino Greenhouses.
Agricultural related structures at the Site are currently present and slated for demolition
in the near future. The Site is situated generally north of Normandy Road, east of
Urania Avenue and west of Saxony Road. Adjacent properties on all sides of the Site
consist of residential and agricultural properties.
Several prior Phase I and II Environmental Site Assessment (ESA) reports pertaining to
the Site have been published between 2007 and 2011 As discussed in the prior ESA
reports, the historical use of the Site has resulted in residual concentrations of
agricultural chemicals, particularly organochlorine pesticides (OCPs), in shallow soil at
the property. Concentrations of OCPs (primarily toxaphene) above California Human
Health Screening Levels (CHHSLs) for residential soil, the applicable cleanup levels for
OCPs at the Site (assuming a future residential land use), are present in what appear to
be six locations within the Site boundaries. In addition, there is an area of limited and
shallow petroleum hydrocarbon impact in the southeastern corner of the Site (former tar
drum storage area). Metals (including arsenic) are not considered to be contaminants
of potential concern at the Site.
Contaminants in the six areas where OCPs above residential CHHSLs are present and
the area where petroleum hydrocarbon impacts are present are generally defined
laterally but in some areas are not fully defined. Supplemental assessment to define
the extent of pesticides and petroleum hydrocarbons in shallow soil at the Site will be
conducted concurrently with proposed impacted soil removal activities.
This CHSP is included as an appendix to the Work Plan for Additional Site Assessment
and Concurrent Remedial Action (Work Plan) for the project. The primary objective of
the Work Plan is to affirm the protection of human health during the proposed soil
management activities. Management of soil contaminated with hazardous substances
and petroleum products during the proposed excavation activities at the Site will be
conducted under the oversight of the County of San Diego Department of
Environmental Health (DEH) via the Voluntary Assistance Program. At the completion
of the soil management activities, AEC will submit a Site Closure Report and request
concurrence from DEH regarding the removal action activities completed.
The objective of this CHSP is to assist in providing adequate protection of human and
public health during the planned remediation activities at the Site and implementation of
the PMP. This plan is not a worker health and safety plan and it should not be used for
such a purpose. A worker health and safety plan will be drafted at a later date prior to
the commencement of mitigation activities.
Evaluation of Potential Public Exposure to Hazards
Potential public health hazards and exposure pathways resulting from Site activities
may result from exposure to dust, noise, and physical hazards. Vapors resulting from
petroleum hydrocarbons and associated volatile organic compounds (VOCs) are not
considered to be potential concerns at the Site or conditions that will be encountered
during grading activities. Exposure to organochlorine pesticide impacted dust is the
hazardous constituents of primary concern. Inhalation of ambient dust is the exposure
route of primary concern. These substances may also enter the unprotected body by
skin absorption, eye contact, and /or inadvertent ingestion. Chemical exposures are
generally divided into two categories: acute and chronic. Symptoms resulting from an
acute exposure usually occur during or shortly after exposure to a sufficiently high
concentration. Symptoms resulting from a chronic exposure generally occur following
prolonged or repeated exposures to lower concentrations. The concentrations required
to produce symptoms of exposure depend upon the medium in which the compounds
occur, the duration of exposure, and the number of exposures. Generally, symptoms
resulting from an exposure to pesticide impacted dusts include, but are not limited to,
irritation of mucous membranes and pharynx, nasal perforation, irritation of the eyes
and/or skin.
Potential physical hazards to the public associated with soil excavation include
explosion, fire, electrical shock, and noise exposure.
Explosions and fires often arise spontaneously. However, they more
commonly result from activities where an ignition source (such as a spark from
equipment) is introduced to an explosive or flammable environment. Workers
will use spark resistant equipment and tools (when feasible), and fire
extinguishers will be made available during the Site activities to assist in
preventing such a situation.
Electrical hazards include buried cables which pose a danger of shock or
electrocution if workers or equipment contact or sever them during Site
operations. In accordance with State law, Underground Service Alert (USA) will
be notified at least 48 hours prior to any excavation activities. A private utility
locating company will also likely be retained by the contractor or Site owner as
part of the development activities.
Noise hazards can be created by equipment that generates noise in excess of
auditory capacity thresholds. Noise in excess human auditory thresholds can
result in physical damage to the ear.
Control Methods
Site Security. To assist in excluding the public from the Site, a chain - linked
fence will be constructed around the perimeter of the Site. Access gates
(locations yet to be determined) will be installed along the Site perimeter as well.
Gates will be locked after hours, closed during construction activities, and
opened when construction or employee vehicles or equipment enter or exit the
project area.
Vapors. In the unlikely event that unforeseen petroleum hydrocarbon impacted
soil that is emitting VOC vapors, engineering and construction practices will be
used to reduce vapor emissions including covering off - gassing excavations or
stockpiles, misting excavations or stockpiles with water or other vapor
suppressing agents, locating stockpiles away from and /or downwind of public
receptors, and stopping work until mitigation measures are in place.
Dust Control. Dust control methods will be taken to minimize potential public
exposure to dust generated as a result of the planned excavation activities.
Dust suppression measures to be employed include, covering stockpiled soil
with plastic sheeting, reducing the pace of the excavation as required until
effective mitigation measures are in place, and /or maintaining levels of soil
moisture by means of continuous moistening.
Noise. Noise levels are not expected to exceed the maximum allowable levels
for the area. Work hours will be limited to between 7 a.m. and 5 p.m., Monday
through Saturday.
Open Excavations. Open excavations will be secured from public access by
placing barricades or pylons at the perimeter of the excavations and locking
access gates to the Site at the conclusion of each day's field activities. In
accordance with 29 CFR 1926.652, the walls and faces of any excavations and
trenches over 4 -feet deep will be guarded by a shoring system, sloping of the
ground, or some other equivalent means, such as trench boxes, shields, or other
approved movable shoring systems. Trenches less than four feet deep where
hazardous ground movement is likely will also require protection. Any area to
be subjected to excavation will be secured with fencing. The fence will be
placed at such a distance from the excavation so as to inhibit viewing in the
excavation, and thus reduce the potential for public and transient curiosity. A
competent person will make daily inspections of trenches and excavations to
assure adequate slopes, shoring, and bracing, and to check for evidence of
potential slides or cave -ins. More frequent inspections may be necessary after a
rain event.
ii Stockpiled Soil. Excavated soil will be temporarily stockpiled and covered with
plastic sheeting to reduce the potential for runoff. Disposal of the soil at an off -
Site recycling facility will occur once the laboratory analytical results are known
and waste profiling and characterization are completed.
i BMPs. Stockpiles will be protected from storm water run -on by fiber rolls, gravel
bags, or other appropriate methods. Soil stockpiles will be protected from wind
erosion by application of water and by placing on and covering with plastic
sheeting.
Air Monitoring
In the unlikely event that VOC impacted soils are encountered at the Site during the
excavation activities, air monitoring will be performed utilizing a hand -held
photoicnization detector (PID) to assess potential levels of organic vapors possibly
resulting from diesel /gasoline vapors releasing from excavated soil. Fugitive organic
chemical vapors would be monitored along in the vicinity of the excavation perimeter at
15- minute intervals throughout each work day in which excavation activities occur. A
reading of 10 parts per million or greater on a PID at the down -wind perimeter would
initiate taking corrective measures. The PID would be calibrated in accordance with
manufacturer specifications and monitoring records will be maintained and made
available for review upon request. Dust monitoring will be conducted by AEC field staff
and will inform the contractor to increase wetting other dust control measures if any
visible dust is observed during the remedial excavation work.
Site Safety Manager
The designated Site safety manager for the contractor will be determined at a later date.
The Site safety manager will have the knowledge and authority necessary to cease any
and all construction activities at the Site in the event of an emergency. The Site safety
manager will work in conjunction with AEC representatives regarding soil contamination
hazards. In the event of a sudden release of a substance that represents an imminent
threat to public health, the Site safety manager will initiate the cessation of activity
contributing to such a release and notify the DEH.
The primary AEC project representatives are as follows:
Project Manager #1 /Cell No.: Daniel Weis
Project Manager #2 /Cell No.: Eric Cathcart
Site Safety Officer /Cell No.: Mike Faulkner
Emergency Planning
If a community emergency situation arises, the Site
coordinate the appropriate emergency response with
developer, as well as the County of San Diego DEH.
Public Notification
(760) 275 -9229
(619) 840 -1210
(619) 623 -7115
Safety Officer will immediately
other on -Site personnel and the
The attached public notification form (to be modified and finalized closer to the
commencement of redevelopment activities and upon contractor selection) will be
posted in numerous conspicuous locations including, but not limited to the perimeter
fencing at the project Site (four corners and entrance gates). The notification may also
be personally delivered to adjacent property owners and occupants.
Worker Health and Safety
As stated previously, the designated Site safety manager for the contractor will be
determined at a later date. The Site safety manager will coordinate with project
representatives to ensure that their workers involved with the displacement and /or
handling of contaminated soil are properly trained to conduct such activities. Worker
health and safety guidelines or procedures specified by the developer and /or
contractors will be monitored by the Site safety manager and contractor foreman and
include. but are not limited to:
Establishment of work zone controls
Conducting health and safety meetings
Use of proper personal protective equipment
Personal hygiene guidelines
Equipment decontamination procedures
Medical surveillance as required
Emergency response procedures
Site Traffic Control
Ingress and egress points for trucks that will transport impacted soil will be determined
at a later date. The excavation contractor will be required to provide adequate traffic
control (including flag persons) throughout the excavation activities. Prior to the off -Site
transport of soil, the excavation contractor will be responsible for the inspection of each
truckload to ensure that they are adequately covered and properly manifested. The
contractor will also be responsible for ensuring that trucks are cleaned of overburden
soil that may be present on the vehicles. As trucks leave the Site, they will be assisted
by the flag persons to ensure safe merging in to oncoming traffic.
Stormwater Management
A stormwater pollution prevention plan or other related document pertaining to the Site
has not been completed at this time but will be prepared per requirements of the City of
Encinitas.
PUBLIC NOTICE
Seaside Ridge (Former Fritz Property)
Encinitas, California
Advantage Environmental Consultants, LLC and Soclaris Contracting will be conducting
remediation activities at this site, including the excavation of organochlorine pesticide
and petroleum hydrocarbon impacted soil under a work plan that has been approved by
the County of San Diego Department of Environmental Health. Some soil to be removed
from the Site contains one or more chemicals known to the State of California to cause
cancer, birth defects or reproductive harm.
Construction activities are scheduled for ##### to #### #, between the hours of 7 a.m.
and 5 p.m. Monday through Friday. Saturday work between the hours of 8 a.m. and 5
p.m may also be also be conducted at times. Efforts will be made to keep dust, noise
and odor to a minimum.
If there are any public concerns related to these activities please call:
Environmental Consultant: Advantage Environmental Consultants, LLC
Daniel Weis (760) 744 -3363 (office) or (760) 275 -9229 (24 -Hour Contact)
Excavation Contractor: Soclaris Contracting
Sonny Rosenal (619) 465 -3438 (office) or (619) 549 -3438 (24 -Hour Contact)
County of San Diego Department of Environmental Health — Site Assessment and
Mitigation Division
Keith E. Keezer (619) 338 -2908
In the event of an emergency, please call: 911
CALIFORNIA HEALTH AND SAFETY CODE SEC. 25249.6
LANDSCAPE STATEMENT OF PROBABLE COST FOR: DATE 10/02/11
Seaside Ridge Slope Landscape JOB# 10.025-00
Irrigation Controller 1 ea. $6,000.00 $6,000.00
Irrigated Areas (HOA & Private) 63.214 s.f. $1.50 $94.821.00
liners groundcover
7,085
s .
$0.20
$1,417.00
flats groundcover
56,129
s.f.
$0.25
$14,032.25
shrubs 1gal.
871
ea.
$5.00
$4,355.00
shrubs 5 gal.
183
ea
$13.00
$2,379.00
shrubs 15 gal.
0
ea.
$85.00
$0.00
vines
0
ea.
$100.00
$0.00
bark mulch
63,214
s.f.
$0.18
$11,378.52
15 gal. trees
196
ea.
$85.00
$16,660.00
24" box trees
93
ea.
$200.00
$18,600.00
36" box trees
0
ea.
$500.00
$0.00
turf
0
e.f.
$0.50
$0.00
annual color
0
allow
$1,200.00
$0.00
soil prep & fine grade
63,214
ea.
$0.05
$3,160.70
90 day maintenance
63,214
ea.
$0.05
$3,160.70
CONTINGENCY 10% OF
GROUP
October 19, 2011
Mr. James Skinner CDC Project No. SDI 82
rl Warmington Residential California Document No. 11 -0392
5993 Avenida Encinas, Suite 101
'DELTA Carlsbad, California 92008
SUBJECT: CHANGE OF GEOTECHNICAL CONSULTANT OF RECORD
Engmer,ing Encinitas 23, Seaside Ridge
Engineering
cealagt Encinitas, California
H1'drologi' Reference: Geotechnics Incorporated (2005), Geotechnical Investigations, Fritz
Earthquake Property (Parcels A, B and C), Encinitas, CA, Project No. 1029 - 001 -00,
Engineering Document Nos. 05 -0169, 05 -0170 and 05 -0171, March 18, 21 and 23.
Materials Testing &
Inspection
Dear Jim:
Forensic Sen ices
This letter is to inform you that Group Delta Consultants (GDC) acquired the assets
and retained the personnel of Geotechnics Incorporated last year. The former
operations of Geotechnics Incorporated are now CDC. As such, CDC is now the
geotechnical consultant of record for the Seaside Ridge project. CDC accepts the
findings, conclusions and recommendations of the referenced geotechnical reports.
As geotechnical consultant of record, CDC will provide geotechnical observation
and testing services during grading and will prepare an as- graded geotechnical
report upon completion of earthwork.
We appreciate this opportunity to provide professional services. If you have any
questions or require additional services, please do not hesitate to contact us.
Very truly yours,
Group Delta Consultants, Inc.
QapFES&o*
B
Thomas B. Canady, P.E. a Elp.6130/13 >} John R. Theissen, G.E.
Senior Engineer '�� CIVI �Z.`4 Principal Engineer o QROFESSipNq�
�OF C � h�y� �Je RTTy�F
Distribution: Addressee W r No. 825 �iN
Jessica Nishiura, Hunsaker & Associates o
rxp.3 /31/12
6, f07ECH Kxt *,
9245 Activity Road. Suite 103 ♦ San Diego, California 92126 • (858) 536 -1000 voice • (856) 536 -8311 f vt
/mine (949) 450 -2100 ♦ Torrance (310) 320 -5100 ♦Ontario (909) 605 -6500 ♦ EL Centro (760) 337 -2057A Sacramento (915) 774 -7123
www.GmupDelta.com
GROUP
Q October 21, 2011
Mr. James Skinner GDC Project No. SD]82A
DELTA Warmington Residential California Document No. 11 -0398
5993 Avenida Encinas, Suite 101
Geotechnicat Carlsbad, California 92008
Engineering
Geology SUBJECT: GRADING PLAN REVIEW
6ydrolag, Encinitas 23, Seaside Ridge
Encinitas, California
Earthquake
Engineering
References: Geotechnics Incorporated (2005), Geotechnical Investigations, Fritz
Materials Testing &
Inspection Property (Parcels A, B and C), Encinitas, CA, Project No. 1029 - 001 -00,
Forensic Services Document Nos. 05 -0169, 05 -0170 and 05 -0171, March 18, 21 and 23.
Hunsaker & Associates (2011), Rough Grading Plans for Encinitas 23,
Drawing No. 10598 -G, Sheets 1 through 5, October.
Dear Jim:
This letter confirms that we have reviewed the geotechnical aspects of the
referenced grading plans for the Encinitas 23 project. In our opinion, the plans
adequately incorporate the intent of the referenced geotechnical reports.
We appreciate this opportunity to provide professional services. If you have any
questions or require additional services, please do not hesitate to contact us.
Very truly yours,
Group Delta Consultants, Inc.
�pfESS/pyl
��� tb.90067 <
Thomas B. Canady, P.E. +>: Ep 6/30/13 >a John R. Theissen, G.E.
Senior Engineer /� Cl Principal Engineer /oFESSI
JgERT T\
Distribution: Addressee ti
Jessica Nishiura, Hunsaker & Associates (*(E, No. 825 �0
Z
p3131/12 orfCHN1�
9245 Activity Road, Suite 103♦ San Diego, Califomia 92126 • (a58) 535 -1000 voice • (858) 536-8311 fax
!mine (949) 450 -2100 ♦ Torrance (310) 320 -5100 AOntario (909) 605 -6500 ♦ EL Centm (760) 337 -2067A Sacramento (916) 774 -7123
www.GmL poelta.com
Couittp of man Diego
JACK MILLER DEPARTMENT OF ENVIRONMENTAL HEALTH
DIRECTOR LAND AND WATER QUALITY DIVISION
P.O. BOX 129261, SAN DIEGO, CA 92112-9261
858 - 505- 67001FAX 858- 505 - 684811. 800.253 -9933
www.sdcdeh.ora
October 19, 2011
Mr. James Skinner
Warmington Residential California
3090 Pullman Street
Costa Mesa, CA 92626
Dear Mr. Skinner:
VOLUNTARY ASSISTANCE PROGRAM — DEH CASE NO. H99145 -001
RESPONSE LETTER
FRITZ PROPERTY
1253 URANIA AVENUE, ENCINITAS, CALIFORNIA
ELIZABETH POZZEBON
ASSISTANT DIRECTOR
Staff of the Department of Environmental Health, Site Assessment and Mitigation Program (SAM)
reviewed the workplan titled Workplan for Additional Site Assessment and Concurrent Remedial
Action, prepared by Advantage Environmental Consultants, LLC, dated October 5, 2011. The
workplan presents the results of historical assessment activities and proposes to excavate and
dispose pesticide and hydrocarbon impacted soil at an approved landfill. Additional assessment
activities will be conducted concurrently with remedial excavation and soil confirmation samples will
be collected to verify impacted soil has been appropriately removed to below California Human
Health Screening Levels (CHHSLs) for pesticides and 10 milligrams per kilogram for hydrocarbon
impacts.
Based on a review of the report and the case file, SAM concurs with the workplan provided
that the following conditions are met.
Based on existing data, additional soil sampling will be required in several areas. Samples in
these areas must be collected priorto the implementation of excavation activitiesto minimize
soil disturbance which could potentially affect sample resultsthrough dilution, compaction or
other disturbance.
While some information is potentially available in the storm water pollution prevention plan
(SWPPP) for the site, a discussion of methods to keep impacted soil from entering the
community surrounding the site must be offered from the human health perspective.
Acceptable mitigation measures including, shaker plates, street sweeping and use of gravel
for example, must be identified in the community health and safety plan to minimize the
transfer of impacted soil offsite to the community.
3. The most recent version of the public notification, provided in an email dated October 13,
2011, must be utilized and updated with the correct Department of Environmental Health
phone numbers.
"Environmental and public health through leadership, partnership and science"
Mr. James Skinner -2 - October 19, 2011
Activities outside those implicitly proposed and approved herein must be submitted for SAM
approval prior to implementation.
If you have any questions regarding this project, please do not hesitate to call me at (858) 505 -6863.
Sincerely,
D,nally 5gr by Wh E. Neon
Keith E. KezeroH`°�`I` "` o-` ° " ° " "�° °
u =Departh k 9f E oo""mul Heats.
Dale' 3011.10.19 RJ419 dI'00'
KEITH E. KEZER, Project Manager
Site Assessment and Mitigation Program
cc: Dan Weis, Advantage Environmental Consultants, LLC
H99145 -001 PMP Approval Letter 10- 18- 2011.doc
November 3, 2011
Warmington 41, LLC.
Attn: James Skinner
3090 Pullman Rd.
Costa Mesa, CA 92626
Re: Permit issuance requirements for:
Application 10598 -G and 10598 -1
Case #: 06 -111TM and 06 -112TM
Normandy Rd. and Urania Ave.
APNs: 254- 351 -30, 254- 351 -31, & 254 - 351 -32
This letter summarizes the requirements for pulling your Engineering Permit for drawings 10598 -G and
10598 -1. Your approved plan will remain valid for six months. If the permit is not issued within six months
from the date of approval of the drawings, the plans will be subject to review by City staff for compliance
with current codes and regulations before a permit can be issued, and changes to the approved plans as
well as additional fees may be required. Additionally, work covered by an Engineering permit shall
commence within 90 days of the permit issuance or the permit shall become invalid. Engineering permits
expire following 90 days of inactivity on the work covered by the permit.
Please read through this letter carefully and contact the City with any questions you may have. It
contains information about many requirements that may apply to your project and can make the
process clearer and easier for you.
In order to obtain the permits to construct the work shown on your approved plans, you will need to satisfy
the requirements below. All of the items listed below must be submitted to the Engineering front counter
kind will not be accepted. Your project planchecker will not accept any of the documents listed on behalf
of the Engineering front counter staff; all items must be submitted to the front counter directly together and
at one time. The correct number of each of the requested documents must be provided, copies of
documents submitted to the City during plancheck do not reduce the necessary quantities listed below.
(1) Provide 4 print sets of the approved drawing 10598 -G.
Provide 4 print sets of the approved drawing 10598 -1
Provide 2 copies of "Geotechnical Investigation, Fritz Property, Encinitas, CA, Project No. 1029-
001-00, Document Nos. 05 -0169, 05 -0170, and 05- 0171" prepared by Geotechnics Incorporated
and dated March 18, 21, and 23.
Provide 2 copies of letter titled "Change of Geotechnical Consultant of Record, Encinitas 23,
Seaside Ridge, Encinitas, CA" prepared by Group Delta Consultants and dated October 19, 2011.
Provide 2 copies of letter titled "Grading Plan Review, Encinitas 23, Seaside Ridge, Encinitas, CA"
prepared by Group Delta Consultants and dated October 21, 2011.
Provide 2 copies of "Wok Plan for Additional Site Assessment and Concurrent Remedial Action,
Seaside Ridge (Former Fritz Property), Encinitas, CA, Voluntary Assistance Program Case
#H99145 -001" prepared by Advantage Environmental Consultants, LLC. and dated October 5,
2011.
Submit 2 copies of the approved, signed (not draft) Resolution of Approval or Notice of Decision
for Planning Case #06 -111 TM, to be routed by the City to inspector and file.
Submit 2 copies of the approved, signed (not draft) Resolution of Approval or Notice of Decision
for Planning Case #06- 112TM, to be routed by the City to inspector and file.
(2) Post Security Deposits to guarantee all of the work shown on your approved drawings. The
amounts of security deposits are determined directly from the Approved Engineers Cost Estimate
generated by your engineer according to a set of predetermined unit prices for each kind of work shown
on your plans. You will be required to post security deposit(s) as follows:
(a) Security Deposit for Grading Permit 10598 -G: in the amount $610,558.00 to guarantee
both performance and labor/ materials for earthwork, drainage, private improvements, and
erosion control.
(b) Security Deposit for Improvement Permit 10598 -I: in the amount $869,592.00 to guarantee
both the performance and labor/ materials for the improvements shown on the approved
improvement plan.
(c) Security Deposit for Undergrounding of Overhead Utilities: in the amount of $298.823.00
to guarantee the required undergrounding of overhead utilities for your project. The amount
of this deposit is based upon a cost of $400.00 per linear foot of undergrounding required for
your project. As an alternative, the applicant may provide a proposal for the required
undergrounding supplied by SDG &E accompanied by receipts showing that the entirety of that
required sum has been paid to the utility company.
(d) Security Deposit for Deferred Monumentation: in the amount of $3,000.00 for 06 -111TM
AND $4,600.00 for 06 -112TM to guarantee the setting of the monuments for your project.
The amount of the security deposit is based directly upon the Monumentation Cost Estimate
provided by your project engineer.
A minimum of 20% and up to 100% of the amount listed in item(s) 2(a) must be in the form of
cash, certificate of deposit, letter of credit, or an assignment of account. Up to 80% of the amount
listed in item 2(a) may be in the form of auto - renewing Performance and Labor and Materials
Bonds issued by a State of California licensed surety company.
Up to 100% of the amount(s) listed in item(s) 2(b), 2(c), and /or 2(d) may be in the form of auto -
renewing Labor and Materials bonds issued by a State of California licensed surety company.
Cash, certificates of deposit, letters of credit, and assignments of account are also acceptable
financial instruments.
If a certificate of deposit (CD) will be obtained to secure the entire amount(s) listed in item(s) 2(a)
and /or 2(b), two separate CD's for 25% and 75% of the amount(s) listed in item(s) 2(a) and/or
2(b) should be obtained in order to facilitate any future partial release of those securities. CD's
posted may be of any term but must be auto - renewing and must specify the City of Encinitas as a
certificate holder and include a clause that until the City of Encinitas provides a written request for
release of the CD, the balance shall be available to the City upon its sole request.
The format of any financial instrument is subject to City approval, may be in the owner's name
only, and must list the City of Encinitas as a Certificate Holder.
For any questions regarding how to post securities, bonding, or the required format of securities,
please contact Debra Geishart at 760 -633 -2779.
(3) Pay non - refundable fees as listed below:
Fee Type Amount
Grading Inspection $16,316.74
Improvement Inspection $24,087.76
NPDES Inspection (Grading) 063.35
NPDES Inspection (improvement) $6,617.55
The grading and improvement inspection fees are calculated based on 5% of first $100,000.00 of
the approved Engineer's cost estimate dated November 3, 2011 and 3% of the cost estimate over
$100,000.00. The NPDES inspection fee is assessed as 1% of the first $100,000.00 of the
approved Engineer's cost estimate and 0.6% of the cost estimate over $100,000.00. The Flood
control fee is assessed at a rate of $0.21 per square foot of net new impervious surface area for
driveway and parking areas as created per the approved plan.
(4) Provide the name, address, telephone number, state license number, and license type of the
construction contractor. The construction of any improvements within the public right -of -way or
public easements is restricted to qualified contractors possessing the required state license as
listed in the table below. The contractor must also have on file with the City current evidence of
one million dollar liability insurance listing the City of Encinitas as co- insured. Additional
requirements are described in the handout "Requirements for Proof of Insurance" available at the
Engineering front counter.
Type
Description
Work to be Done
A
General Engineering
any & all
C -8
Concrete
a ron /curb! utterlram !sidewalk
C -10
Electrical
li htin isi nals
C -12
Grading & Paving
any surface, certain drain -
basins /channels
C -27
Landscaping
planting /irrigation /fencing & other
amenities
C -29
I Masonry
retaining walls
C -32
Parking &Highway
Improvement
signage /striping /safety
C -34
Pipeline
sanitary sewer /storm drain
(5) Permits are valid for no more than one year from the date of issuance and may expire earlier due
to expirations of letter of credit and/or insurance policies.
(6) This project does not propose land disturbance in excess of one acre and is exempt from the
State Storm Water Pollution Prevention Plan (SWPPP) requirement. An erosion control plan shall
be implemented per the approved grading plan.
Preconstruction Meeting: A preconstruction meeting at the project site is mandatory for all projects
The preconstruction meeting may not be scheduled until the Engineering permit(s) have been issued, and
the applicant/contractor must give the assigned Engineering inspector a minimum of 48 hours advance
notice prior to the scheduled meeting time
Right -of -Way Construction Permit: A separate right -of -way construction permit will be required for any
work in the public right -of -way or public easements. Typically, this work may include construction or
reconstruction of a portion of the driveway within the public right -of -way, excavation, backfill, and
resurfacing to install electric, gas, telephone, and cable television lines, or water and sewer connections.
A permit fee of 3$ 00.00 per application and a site plan, preferably the work order issued by the public
utility, will be required. Contractor license and insurance requirements apply. Permits must be issued at
least 46 hours in advance of the start of work.
Haul Routes, Traffic Control Plans, and Transportation Permits: These separate permits may be
required for your project and are handled by the Traffic Engineering Division. A fee of $250.00 is required
for traffic control plans. For more details, contact Raymond Guarnes, Engineering Technician, at (760)
633 -2704.
Release of Project Securities: The partial or complete release of project securities is initiated
proiect inspector. The processing and release of securities may take up to 4 weeks after the release
process is initiated by the project Engineering inspector. Any cash releases will be mailed to the address
on this letter unless the City is otherwise notified, and all letters mailed to a financial institution will be
copied to the owner listed hereon. Satisfactory completion of Final Inspection certified by the project
Engineering inspector is a prerequisite to full release of the Security Deposit assigned to any Grading
Permit. A sum in the amount of 25% of the securities posted for improvement permits will be held for a
one -year warranty period, and a release is automatically initiated at the end of that warranty period.
Construction Changes: Construction changes prepared by the Engineer of Work will be required for all
changes to the approved plans. Requests for construction change approval should be submitted to the
Engineering Services Department front counter as redlined mark -ups on 2 blueline prints of the approved
Drawing. Changes are subject to approval prior to field implementation. Substantial increases in valuation
due to the proposed changes may be cause for assessment and collection of additional inspection fees
and security deposits. Construction change fees of $200.00 and $350.00 will be assessed for minor and
major construction changes, respectively. Construction changes necessitating a new plan sheet will be
assessed the per -sheet plancheck and NPDES plancheck fees in lieu of the construction change fee.
Construction changes not previously approved and submitted as as -built drawings at the end of the
construction process will be rejected and the securities release will be delayed.
Change of Ownership: If a change of ownership occurs following approval of the drawing(s), the new
owner will be required to submit to the City a construction change revising the title sheet of the plan to
reflect the new ownership. The construction change shall be submitted to the Engineering front counter
as redline mark -ups on two blueline prints of the approved drawing together with two copies of the grant
deed or title report reflecting the new ownership. Construction change fees apply. The current owner will
be required to post new securities to replace those held by the City under the name of the former owner,
and the securities posted by the former owner will be released when the replacement securities have been
received and approved by the City.
Change of Engineer of Work: If a change in engineer of work occurs following the approval of the
drawing(s), a construction change shall be submitted for review and approval by the Engineering
Department. Two copies of the forms for the assumption of responsibility by the new engineer and the
release of responsibility by the former engineer shall be completed and submitted to the City.
Construction change fees apply.
As- builts: Project as -built drawings prepared by the Engineer of Work will be required prior to Final
Grading acceptance by Engineering Services. Changes to the approved plans require a construction
change to be submitted to the City orior to field implementation. Construction changes may not be
submitted as as- builts at the end of the construction process.
This letter does not change owner or successor -in- interest obligations. If there should be a substantial
delay in the start of your project or a change of ownership, please contact the City to request an update.
Should you have questions regarding the posting of securities, please contact Debra Geishart, who
processes all Engineering securities, at (760) 633 -2779.
Should you have any other questions, please contact me at (760) 633 -2867 or visit the Engineering
Counter at the Civic Center to speak with an Engineering Technician.
Sincerely,
Steven Nowak, PE
Associate Civil Engineer
cc Jessica Nishiura, Hunsaker and Associates
Debbie Geishart, Engineering Technician
Greg Shields, Senior Civil Engineer
Masih Maher, Senior Civil Engineer
permit/file
Enc Application
Requirements for Proof of Insurance
Security Obligation Information
PRELIMINARY COST ESTIMATE FOR BONDING FUR
FRITZ PROPERTY -
TM 06 -111 and TM 06 -112 — —
DRAWING NO.10598 -I I' 3X 3 m
CITY OF ENCINITAS I _-
L�
r ,3
ROADWAY AND STORM DRAIN IMPROVEMENTS COST SUMMARY
TOTAL STORM DRAINAGE . ............................... $404,932
TOTAL ROADWAY IMPROVEMENT ........................... $464,660
TOTAL DRY UTILITY RELOCATION ........................ $298,823
G R A N D
HUNSAKER & ASSOCIATES
9707 Waples Street
San Diego, Ca 92121
Tel: (858) 558 -4500
Prepared by:JN & TA
W.O.# 107 -270
dln #1009
Fritz Imp Bd 11 and 12.xls
T 0 T A L ............................ $1,168,415
INC
Revised:
11/3/11
Revised:
11/1/11
Revised:
10/4/11
Revised:
8/08/11
Revised:
3/11/11
Date:
7/30/10
Pagel
PRELIMINARY COST ESTIMATE FOR BONDING PURPOSES
FRITZ PROPERTY
TM 06 -111 and TM 06 -112
ITEM
STORM DRAINAGE (Private)
18" RCP
CATCH BASIN TYPE 'F'
CLEANOUT TYPE A
12 "X 12" GRATE INLET
6" PVC
CONCRETE LUG D -63
12" HDPE
STORM DRAINAGE (Public)
24" RCP
30" RCP
4'x 5' GRATE D -15
CLEANOUT TYPE 'A -5' D -9
CLEANOUT TYPE 'A -4'D -9
12 "x 12" GRATE INLET
HEADWALL D -44
SUB -TOTAL
CONTINGENCY (10%1
TOTAL STORM DRAINAGE
W.O.# 107 -270
dln #1009
Fritz Imp Bd 11 and 12.xls
DRAWING NO.10598 -I
CITY OF ENCINITAS
UNIT
QUANTITY PRICE TOTAL
536
LF @$
95 =
$50,920
5
EA @$
3,550 =
$17,750
2
EA@$
3,980 =
$7,960
1
EA @$
1,500 =
$1,500
13
LF @$
20 =
$260
3
EA@$
1,200 =
$3,600
17
LF @$
30 =
$510
564
LF @$
110 =
$62,040
1,448
LF @$
120 =
$173,760
1
EA@$
3,900 =
$3,900
1
EA@$
3,980 =
$3,980
8
EA @$
3,980 =
$31,840
4
EA @$
1,500 =
$6,000
1
EA @$
4,100 =
$4,100
$368,120
$36,812
$404,932
Page3
PRELIMINARY COST ESTIMATE FOR BONDING PURPOSES
FRITZ PROPERTY
TM 06 -111 and TM 06 -112
DRAWING NO.10598 -I
CITY OF ENCINITAS
ITEM
ROADWAY IMPROVEMENTS (Private)
6" CURB (G -1)
6" C &GUTTER(G -2)
4 "AC PAVEMENT
6 11AB PAVEMENT
SUBGRADE PREPARATION
CONCRETE WEATHER ACCESS RD.
6" PCC DRIVE APPROACH
STREET NAME & STOP SIGN NO P.
PEDESTRIAN RAMP
PCC SIDEWALK
D -22 SPILLWAY
W.O.# 107 -270
dln #1009
Fritz Imp Bd 11 and 12.xls
UNIT
QUANTITY PRICE TOTAL
396
LF @$
12.00
=
$4,752
1,106
LF @$
20.00
=
$22,120
31,259
SF @$
1.75
=
$54,703
31,259
SF @$
1.05
=
$32,822
31,259
SF @$
0.50
=
$15,630
1,950
SF @$
6.00
=
$11,700
4,070
SF @$
7.00
=
$28,490
13
EA @$
400 =
$5,200
5
EA @$
1,400
=
$7,000
6,461
SF @$
4.00
=
$25,844
3
EA @$
320 =
$960
Page4
PRELIMINARY COST ESTIMATE FOR BONDING PURPOSES
FRITZ PROPERTY
TM 06 -111 and TM 06 -112
DRAWING NO.10598 -I
CITY OF ENCINITAS
ROADWAY IMPROVEMENTS (Public)
0" CURB
6" C &GUTTER(G -2)
6" A.C. DIKE (G -5)
4" ASPHALT CONCRETE
13.5 "AGGREGATE BASE
14 "AGGREGATE BASE
SUBGRADE PREPARATION
CROSS GUTTER
STREET NAME & STOP SIGN NO P.
TRENCH RESURFACE
SAWCUT
ROADSIDE TREATMENT SWALE
PCC SIDEWALK
TURFBLOCK TREATMENT AREA
SUB -TOTAL
CONTINGENCY (10U
TOTAL ROADWAY IMPROVEMENTS
W.O.# 107 -270
dln #1009
Fritz Imp Bd 11 and 12.xls
394
LF ®$
12.00 =
$4,728
31
LF ®$
20.00 =
$620
538
LFW$
9.50 =
$5,111
28,324
SF ®$
1.75 =
$49,567
21,558
SF ®$
1.64 =
$35,355
6,766
SFO$
1.65 =
$11,164
28,324
SF ®$
0.50 =
$14,162
1,736
SF@$
8.00 =
$13,888
3
EA®$
400 =
$1,200
1,788
LFW$
25.00 =
$44,700
3,800
SF@$
2.50 =
$9,500
2,092
SF ®$
2.15 =
$4,498
2,837
SF @$
5.00 =
$14,185
904
SF ®$
5.00 =
$4,520
$422,419
$42,242
$464,660
Pages
UTILITY CONSULTANTS OF
ORANGE COUNTY
PRELIMINARY COST REPORT
PROJECT: Tentative Tracts 06 -111 & 06 -112
Urania Avenue & Normandy Road Conversion
Estimated Expenditures:
Contractor Charges
$
78,923
SDG & E Electric Conversion Charges
$
60,000
AT & T Conversion Charges
$
81,300
Cox Communications Conversion Charges
$
57,050
NextG Conversion Charges
21,550
Total Estimated Expenditures
Prepared By: Michael Schneider
November 2, 2011
23101 Moulton Parkway, SuBe 202 Laguna H s, Collf. 92653 Tel 949 -855 -9558 Fax 949 -855 -4079
PRELIMINARY COST ESTIMATE FOR BONDING PURPOSES
FRITZ PROPERTY _ --
TM 06 -111 and TM 06 -112 r 1
DRAWING NO.10598 -G ! --
CITY OF ENCINITAS I
NOY 3 7A11 i
ROUGH GRADING & EROSION CONTROL
TOTAL MASS GRADING ............................... $303,041
TOTAL EROSION CONTROL ............................ $86,120
TOTAL DRAINAGE .... ............................... $27,836
TOTAL LANDSCAPE (Gillespie Moody, Patterson) ..... $193,561
G R A N D
HUNSAKER & ASSOCIATES
9707 Waples Street
San Diego, Ca 92121
Tel: (858) 558 -4500
Prepared by: TA & JN
W.O.# 107 -270
dln# 1009
Fritz gb.xls
T 0 T A L ......................... $610,558
-------- - - - - --
140,1213�
Revised: 11/3/11
INC Revised: 11/1/11
Revised: 10/03/11
Revised: 8/08/11
Revised: 3/11/11
Date: 7/30/10
Pagel
PRELIMINARY COST ESTIMATE FOR BONDING PURPOSES
FRITZ PROPERTY
TM 06 -111 and TM 06 -112
DRAWING NO.10598 -G
CITY OF ENCINITAS
ITEM
GRADING
---------------
EXCAVATE AND FILL
EXCAVATE AND EXPORT
CONTAMINATED SOIL REMOVAL
SUB -TOTAL
CONTINGENCY (10 %)
TOTAL GRADING
ITEM
EROSION CONTROL
---------------
GRAVEL BAGS
SILT FENCE
BIO- RETENTION BASIN
HYDROSEED
STABILIZED CONST. ENTRANCE
SUB -TOTAL
CONTINGENCY (10 %)
TOTAL EROSION CONTROL
W.O.# 107 -270
dln# 1009
Fritz gb.xls
UNIT
QUANTITY
PRICE
TOTAL
22,421
CY@$
11.50 =
$257,842
325
CY @$
22.00 =
$7,150
100
CY @$
105.00 =
$10,500
$275,492
$27,549
$303,041
UNIT
QUANTITY
PRICE
TOTAL
720
EA@$
1.10 =
$792
3,015
LF @$
1.60 =
$4,824
7,218
SF @$
5.00 =
$36,090
53,855
SF @$
0.20 =
$10,771
4,917
SF @$
5.25 =
$25,814
$78,291
$7,829
$86,120
Paget
PRELIMINARY COST ESTIMATE FOR BONDING PURPOSES
FRITZ PROPERTY
TM 06 -111 and TM 06 -112
DRAWING NO.10598 -G
CITY OF ENCINITAS
ITEM
DRAINAGE
---------------
BROW DITCH
SPILLWAY
SUB -TOTAL
CONTINGENCY (IOU
TOTAL DRAINAGE
W.O.# 107 -270
dln# 1009
Fritz gb.xls
QUANTITY
1,623 LF @$
3 EA@$
UNIT
PRICE TOTAL
15.00 = $24,345
320.00 = $960
$25,305
$2,531
$27,836
Page
LANDSCAPE STATEMENT OF PROBABLE COST FOR:
Seaside Ridge Slope Landscape
Areas (HOA &
63,214
ea.
s.f.
DATE 10102/11
JOB# 10- 025 -00
T
W
$6,00000
$94,821.00
100,821.00
liners groundcover
7,085
51
$0.20
51,411.W
Flats groundcover
56,129
s.f.
$0.25
$14,032.25
shrubs 1gal.
871
ea.
$5.00
$4,355.00
shrubs 5 gal.
183
ea.
$13.00
$2,379.00
shrubs 15 gal.
0
ea.
$85.00
$0.00
vines
0
ea.
$100.00
$0.00
bark mulch
63,214
s.f.
$0.18
$11,378.52
15 gal. trees
196
ea.
$85.00
$16,660.00
24" box trees
93
ea.
$200.00
$18,600.00
36" box trees
0
ea.
$500.00
$0.00
turf
0
s f.
$0.50
$0.00
annual color
0
allow
$1,200.00
$0.00
soil prep & fine grade
63,214
ea.
$0.05
$3,160.70
90 day maintenance
63,214
ea.
$0.05
$3,160.70
CONTINGENCY 10% OF
CLTA Preliminary Report Form
(Rev. 11/06)
lYrrr
+��1 First American Title
�1!`<;
Order Number: NHSC•3528789 (29)
Page Number: 1
Update 5
First American Title Company
1250 Corona Pointe Court, Ste 201
Corona, CA 92879
Jim Skinner
Warmington Homes
3090 Pullman Street, Suite A
Costa Mesa, CA 92626 -5901
Customer Reference: TT 06 -111
Order Number: NHSC- 3528789 (29)
Title Officer:
Hugo Tello
Phone:
(951)256 -5883
Fax No.:
(866)782 -3439
E -Mail:
htello @firstam.com
Buyer:
Owner:
Warmington Encinitas 41 LLC
Property:
Vacant Land
Encinitas, CA
7qv uz Irk FA WA:Z ;Uei
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or
cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein
hereinafter set forts, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage Pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A
attached. The policy to be issued may contain an arbitration clause. When the Amount of rnsuranre is /ess than that set forth in the
arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive renedy of the
parties. Limitations on covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Tilde Insurance which establish a Deductible
Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. copies of the policy forms should be
read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
first American Title
Order Number: NHSC- 3528789 (29)
Page Number: 2
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title
insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a
Binder or Commitment should be requested.
FlfstAmerlcan Title
Order Number: NHSC- 3528789 (29)
Page Number: 3
Dated as of February 14, 2012 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
TO BE DETERMINED
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Warmington Encinitas 41 LLC, a Delaware limited liability company
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A fee.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
General and special taxes and assessments for the fiscal year 2012 -2013, a lien not yet due or
payable.
General and special taxes and assessments for the fiscal year 2011 -2012.
First Installment:
Penalty:
Second Installment:
Penalty:
Tax Rate Area:
A. P. No.:
$4,034.26, PAID
$0.00
$4,034.26, PAID
$0.00
19084
254- 351 -32 -00
3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
4. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
California Government Code for Community Facilities District 95 -2, as disclosed by Notice of
Special Tax Lien recorded October 08, 2010 as Instrument No. 2010 - 0543376 of Official Records.
5. The recital contained in the Owners Certificate on the map of said tract, which agrees to allow
the cross -arms of poles or other similar structures placed along the right of way of certain
highways on said map to overhang the abutting property.
First American Title
Order Number: NHSC- 3528789 (29)
Page Number: 4
6. A deed of trust to secure an original indebtedness of $12,020,000.00 recorded February 16,
2011 as Instrument No. 2011 - 0089668 and amended December 14, 2011 as Instrument No.
2011 - 0672267, both of Official Records.
Dated: February 3, 2011
Trustor: Warmington Encinitas 41 LLC, a Delaware limited liability
company
Trustee: First American Title Company
Beneficiary: California Bank and Trust, a California banking corporation
A document entitled Assignment of Rights under Covenants, Conditions and Restrictions, Sales
recorded February 16, 2011 as Instrument No. 2011- 0089669 and amended December 14, 2011
as Instrument No. 2011 - 0672268, both of Official Records, as additional security for the payment
of the indebtedness secured by the deed of trust recorded February 16, 2011 as Instrument No.
2011 - 0089668 and amended December 14, 2011 as Instrument No. 2011- 0672267, both of
Official Records.
8. An easement for sewer pipelines, mains, maholes, sewer lateral pipelines, structures,
appurtenances and incidental purposes, recorded September 27, 2011 as 2011 - 0501736 of
Official Records.
In Favor of: the Leucadia Wastewater District
Affects: Said land
The terms and provisions contained in the document entitled Lien Covenant Regarding Real
Property: Improvements Required as Condition on Final Approval of Subdivision of Real Property
recorded November 15, 2011 as Instrumenty No. 2011- 0610091 of Official Records.
10. The terms and provisions contained in the document entitled Affordable Housing Regulatory
Agreement recorded November 22, 2011 as Instrumenty No. 2011 - 0626858 of Official Records.
11. The terms and provisions contained in the document entitled Lien Covenant Regarding Real
Property: Tentative Map Modification, Design Review Permit Modification and Coastal
Development Permit recorded November 22, 2011 as Instrumenty No. 2011- 0626860 of Official
Records.
12. The terms and provisions contained in the document entitled Private Road and Drainage Facilities
Maintenance Agreement for 06 -111 TM & 06 -112 TM recorded November 30, 2011
as Instrumenty No. 2011 - 0640466 of Official Records.
13. The terms and provisions contained in the document entitled Encroachment Maintenance and
Removal Covenant, Encroachment Permit No. 10598 -PE recorded November 30, 2011
as Instrumenty No. 2011- 0640467 of Official Records.
14. The terms and provisions contained in the document entitled Covenant Regarding Real Property:
Private Improvements Required as Condition on Final Approval of Subdivision of Real Property
recorded November 30, 2011 as Instrumenty No. 2011 - 0640468 of Official Records.
15. The terms and provisions contained in the document entitled Covenant Regarding Real Property:
Hold City Harmless for Drainage recorded November 30, 2011 as Instrumenty No. 2011 - 0640469
of Official Records.
First American title
Order Number: NHSC- 3528789 (29)
Page Number: 5
16. The terms and provisions contained in the document entitled Covenant Regarding Real Property:
Future Park, Traffic, and Flood Control Fees recorded November 30, 2011 as Instrumenty No.
2011- 0640470 of Official Records.
17. The terms and provisions contained in the document entitled Covenant Regarding Real Property:
Public Improvements Required as Condition on Final Approval of Subdivision of Real Property
recorded November 30, 2011 as Instrumenty No. 2011 - 0640471 of Official Records.
18. The terms and provisions contained in the document entitled Maintenance Agreement for Private
Storm Treatment and Stormwater Pollution Control Facilities by Homeowners Association
recorded November 30, 2011 as Instrumenty No. 2011 - 0640472 of Official Records.
19. No known matters otherwise appropriate to be shown have been deleted from this report, which
is not a policy of title insurance but a report to facilitate the issuance of a policy of title insurance.
For purposes of policy issuance, items None may be eliminated on the basis of an indemnity
agreement or other agreement satisfactory to the Company as insurer.
firstAmerican Title
Order Number: NHSC- 3528789 (29)
Page Number: 6
INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If
you desire to review the terms of the policy, including any arbitration clause that may be included,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map is attached.
Fi(StAmerican Title
Order Number: NHSC- 3528789 (29)
Page Number: 7
WIRE INSTRUCTIONS
for
First American Title Company, Demand /Draft Sub - Escrow Deposits
Riverside County, California
First American Trust, FSB
5 First American Way
Santa Ana, CA 92707
Banking Services: (877) 600 -9473
ABA 122241255
Credit to First American Title Company
Account No. 3097840000
Reference Title Order Number 3528789 and Title Officer Hugo Tello
Please wire the day before recording.
FirstAmerican Title
Order Number: NHSC- 3528789 (29)
Page Number: 8
LEGAL DESCRIPTION
Real property in the City of Encinitas, County of San Diego, State of California, described as
follows:
PARCEL "C" AS SHOWN ON CERTIFICATE OF COMPLIANCE, AS EVIDENCED BY DOCUMENT
RECORDED SEPTEMBER 7, 2005 AS INSTRUMENT NO. 2005- 0773557, OF OFFICIAL RECORDS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF LOTS 35, 36, 37 AND 42 OF HILLSIDE ACRES, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 1992, RECORDED JANUARY 25, 1927 IN THE OFFICE OF THE COUNTY RECORDER OF SAID
SAN DIEGO COUNTY.
�7Z.Ky:71 ]grl��i]�Si>rJrE�
COMMENCING AT THE EASTERLY CORNER OF SAID LOT 42, THE NORTHERLY LINE OF SAID
LOT HAVING A BEARDING OF SOUTH 890 13'28" EAST (RECORD SOUTH 89° 55' 10" EAST);
THENCE SOUTH 520 39' 38" WEST 206.06 FEET; THENCE SOUTH 15° 56' 34" WEST 131.65 FEET
TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 390 23' 15" EAST 196.02 FEET TO A
POINT ON THE SOUTHEASTERLY LINE OF THE NORTHWESTERLY HALF OF SAID LOT 37;
THENCE ALONG SAID LINE SOUTH 500 18'30" WEST 140.06 FEET TO SOUTHERLY CORNER OF
SAID NORTHWESTERLY HALF; THENCE SOUTH 390 41'59" EAST 0.35 FEET TO A POINT ON
THE SOUTHEASTERLY LINE OF THE NORTHWESTERLY 262.25 FEET OF SAID LOT 36; THENCE
ALONG SAID LINE SOUTH 500 24' 11" WEST 240.06 FEET TO THE SOUTHERLY CORNER
NORTHWESTERLY 262.25 FEET OF SAID LOT 36, BEING THE EASTERLY CORNER OF THAT LAND
DESCRIBED IN A DEED TO ROBERT N. FRITZ AND DOROTHY A. FRITZ RECORDED OCTOBER 18,
1974 AS INSTRUMENT NO. 74- 279015 IN THE OFFICE OF THE SAID COUNTY RECORDER,
THENCE ALONG SAID FRITZ LAND SOUTH 500 14' 36" WEST 96.54 FEET; THENCE NORTH 89°
16' 19" WEST 96.71 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT 35; THENCE
ALONG SAID LINE NORTH 00° 43' 41" EAST (RECORD NORTH 00° 04' 50" EAST) 436.41 FEET
TO A POINT THAT BEARS SOUTH 860 50'56" WEST FROM THE TRUE POINT OF BEGINNING;
THENCE NORTH 860 50' 56" EAST 334.02 FEET TO THE TRUE POINT OF BEGINNING.
APN: 254- 351 -32 -00
First American Title
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Order Number: NHSC- 3528789 (29)
Page Number: 10
NOTICE
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub - escrow
capacity, wait a specified number of days after depositing funds, before recording any documents in connection
with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed
the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day
after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer,
cashier's checks, or certified checks whenever possible.
If you have any questions about the effect of this new law, please contact your local First American Office for
more details.
First American Title
Order Number: NHSC- 3528789 (29)
Page Number: 11
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
I Taxes or assessrents which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such
proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the Public records but which could be ascertained by an inspection of the land
or which may be asserted by persons In possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
1. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Aar authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of
any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured daimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for
the estate or interest insured by this policy.
4. Unenforceability of the lien of the Insured mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or
failure of any subsequent owner of the Indebtedness, to comply with applicable "doing business" laws of the state in which the land Is
situated.
5. Invalidity cr unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating
the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the lard, or regulating the character, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of
any violation of any such law, ordinance or governmental regulation.
Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at
Date of Policy.
Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the
date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or
First American Title
Order Number: NHSC- 3528789 (29)
Page Number: 12
created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had
paid value for the estate or interest insured by this policy.
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 2 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown In parts one and two following:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
S. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or We to
water.
6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public
records.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of
any violation of any such law ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at
Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing try the insured
claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the
insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory
lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or
completed at Date of Policy).
4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the
indebtedness to comply with applicable "doing business" laws of the state in which the land is situated.
S. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions
set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4 Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
i. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or tike to
water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
FirstAmencdn Title
Order Number: NHSC - 3528789 (29)
Page Number: 13
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will rot pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting a relating to (i) the occupancy, use, or enjoyment of the land; (11) the character, dimensions or location of
any improvement now or hereafter erected on the land; (iii) a separation In ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or (Iv) environmental protection, a the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy;
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Polity.
2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) whether or not recorded In the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded In the public records at Date of Policy, but known to the Insured claimant and not disclosed In
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured
mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street
improvements under construction or completed at date of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
3. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is
situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of
the insured mortgage) arising from an improvement or work related to the land which is contracted for and canmenced subsequent to Date
of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy
the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of
federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordinabon; or
(ill) the transaction creating the interest of the Insured mortgagee being deemed a preferential transfer except where the preferential
transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 6 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not Pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said
land or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disdose, and
which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
S. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
First American Title
Order Number: NHSC- 3528789 (29)
Page Number: 14
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
I. (a) Any law, ordinance or govemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of
any improvement now or hereafter erected on the land; (iii) a separation in ownership o a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or (N) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged vlolatan affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed m agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential
transfer results fran the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 8 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE e
This policy does not insure against loss or damage (ant the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
I Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
2 Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4 Discrepancies, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
5 Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL
TITLE INSURANCE POLICY - 1987
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning
ordinances and also laws and regulations conceming:
• land use ' land division
• improvements on the land ` environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks.
The right to take the land by condemning it, unless:
First American Title
Order Number: NHSC- 3528789 (29)
Page Number: 15
• a notice of exercising the right appears in the public records on the Policy Date
• the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Date - unless they appeared In the public records
• that result in no loss to you
• that first affect your title after the Policy Date - this does rat limit the labor and material lien coverage In Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
to any land outside the area specifically described and referred to in Item 3 of Schedule A, or
' in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
11. EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 2008
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 2008
Covered Risks 16 (Subdivision Law Violation). 18 (Building Permit). 19 (Zoning) and 21 (Encroachment of boundary walls or fences)
are subject to Deductible Amounts and Maximum Dollar Limits of Liability
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those Portions of any law or government regulation concerning:
a. building b, zoning
c. land use d. improvements on the land
e. land division f. environmental protection
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This
Exclusion does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning iL This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the policy
Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27
or 28.
Failure to pay value for Your TRIe.
Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described In Covered Risk 11 or 21
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: Covered Risk 16, 18, 19 and 21, Your
Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown
on Schedule A are as follows:
Your Deductible Amount Our Maximum Dollar
Limit of Liability
Covered Risk 16: 1% of Policy Amount or $5,000.00 (whichever is less) $10,000.00
Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00
Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00
Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) $5,000.00
12. THIRD GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN
POLICY (1/01/08)
First American Title
Order Number: NHSC- 3528789 (29)
Page Number: 16
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement
erected on the Land; (iii) the subdivision of land; or(iv) environmental protection; or the effect of any violation of these laws, ordinances, or
governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or
16.
(b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d),
14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or B.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) seated, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing business
laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or In part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury, or any consume credit protection or truth -in- lending law. This Exclusion does not modify or limit
the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the
Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This
Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and seated or attaching subsequent to Date of
Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk I I(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with
applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 2006
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or
expenses that arse by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(I) the occupancy, use, or enjoyment of the Land;
(il) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage Provided under Covered Risk 7 a 8.
3. Defects, liens, encumbrance;, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
13, or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4, Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing -
business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in- lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors rights laws, that the transaction creating
the lien of the Insured Mortgage, is
First American Title
Order Number: NHSC- 3528789 (29)
Page Number: 17
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated In Covered Risk 13(b) of this policy.
Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the Insured Mortgage in the Public Records, This Exclusion does not modify or limit the coverage
provided under Covered Risk 11(b).
14. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 2006
WITH REGIONAL EXCEPTIONS
When the American Land Tmle Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set
forth in paragraph 13 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE 0
This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' fees or expenses) which arise by reason of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the land and not shown by the Public Records.
S. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
15. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 2006
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Lard;
(ii) the character, dimensions, x location of any improvement erected on the land;
(Iii) the subdivision of land; or
(iv) environmental protection;or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a)
does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or B.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 9
and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state msdvency, or similar creditors? rights laws, that the transaction vesting
the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
S. Any lien on the Tide for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Tide as shown in Schedule A.
16. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 2006
WITH REGIONAL EXCEPTIONS
First American Title
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the
exclusions set forth in paragraph 15 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason
of:
1. (a) Taxes or assessments that are not shown as existing liens try the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or rat shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Tilde that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
First American Title
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand
that you may be concerned about what we will do with such information — particularly any personal or financial information. We
agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our
parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your
personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may
use information we have obtained from any other source, such as information obtained from a public record or from another person
or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source.
First American calls these guidelines its Fairinformation Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person,
by telephone or any other means;
Information about your transactions with us, our affiliated companies, or others; and
Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own
Therefore, we will not release your information
service you have requested of us; or (2) as pen
period after which any customer relationship ha
control efforts or customer analysis. We may al
more of our affiliated companies. Such affiliate
casualty insurers, and trust and investment ads
companies, home warranty companies, and escr
described above, to companies that perform m
financial institutions with whom we or our affiliat
Former Customers
legitimate business purposes and not for the benefit of any nonaffiliated party.
to nonaffiliated parties except: (1) as necessary for us to provide the product or
fitted by law. We may, however, store such information indefinitely, including the
ceased. Such information may be used for any internal purpose, such as quality
o provide all of the types of nonpublic personal information listed above to one or
companies include financial service providers, such as title insurers, property and
sory companies, or companies involved in real estate services, such as appraisal
�w companies. Furthermore, we may also provide all the information we collect, as
rketing services on our behalf, on behalf of our affiliated companies, or to other
d companies have joint marketing agreements.
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to
nonpublic personal information about you to those individuals and entities who need to know that information to provide products or
services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain
physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
:o 2001 The First American Corporation • All Rights Reserved
•I,
First American Title
4r7
First American Title Company
1250 Corona Pointe Court, Ste 201
Corona, CA 92879
February 17, 2012
Jim Skinner
Warmington Homes
3090 Pullman Street, Suite A
Costa Mesa, CA 92626 -5901
Phone: (714)S57-5511
Fax: (714)641 -9337
Customer Reference: TT 06 -111
Title Officer: Hugo Tello
Phone: (951)256-5883
Order Number: NHSC- 3528789 (29)
Escrow Number: NHSC- 3528789
Owner: Warmington Encinitas 41 LLC, a Delaware limited liability
company
Property: Vacant Land
Encinitas, CA
Attached please find the following item(s)
Guarantee
Thank You for your confidence and support. We at First American Title Company maintain the
fundamental principle:
Customer First.
First American Title Company
Form No. 14
CLTA Subdivision Guarantee (4- 10-75)
Fee: $150.00
No.:
Subdivision: TM 06 -111
SUBDIVISION GUARANTEE
First American Title Insurance Company
a corporation
GUARANTEES
Order Number: NHSC-
3528789
Page Number: 1
The County of San Diego and any City within which said subdivision is located in a sum not exceeding
$1,000.00.
That, according to those public records which, under the recording laws, impart constructive notice of
matters affecting the title to the land included within the exterior boundary shown on the map of the
above referenced subdivision, the only parties having any record title interest in said land whose
signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates
consenting to the recordation of said map and offering for dedication any streets, roads, avenues and
other easements offered for dedication by said map are:
Warmington Encinitas 41 LLC, a Delaware limited liability company
California Bank and Trust, a California banking corporation, Beneficiary under that certain Construction
Deed of Trust recorded February 16, 2011 as Instrument No. 2011- 0089668 and that certain Amended
and Restated Construction Deed of Trust December 14, 2011 as Instrument No. 2011 - 0672267, both of
Official Records.
The signature of the following has been omitted under the provision of Section 66436, Subsection (a) (3) (i)
of the Subdivision Map Act. Their interest is such that it cannot ripen into fee title and said signature is not
required by the Governing body:
1. the Leucadia Wastewater District , as holder of easement for sewer pipelines, mains, maholes, sewer
lateral pipelines, structures, appurtenances and incidental purposes recorded September 27, 2011, as
Instrument No. 2011 - 0501736, of Official Records.
The map hereinbefore referred to is a subdivision of:
PARCEL "C" AS SHOWN ON CERTIFICATE OF COMPLIANCE, AS EVIDENCED BY DOCUMENT RECORDED
SEPTEMBER 7, 2005 AS INSTRUMENT NO. 2005- 0773557, OF OFFICIAL RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF LOTS 35, 36, 37 AND 42 OF HILLSIDE ACRES, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1992, RECORDED
First American Title Company
Form No. 14 Order Number: NHSG-
3528789
QTA Subdivision Guarantee (4- 10 -75) Page Number: 2
JANUARY 25, 1927 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY.
DESCRIBED AS FOLLOWS:
COMMENCING AT THE EASTERLY CORNER OF SAID LOT 42, THE NORTHERLY LINE OF SAID LOT
HAVING A BEARDING OF SOUTH 890 13'28" EAST (RECORD SOUTH 890 55' 10" EAST); THENCE SOUTH
520 39' 38" WEST 206.06 FEET; THENCE SOUTH 15° 56' 34" WEST 131.65 FEET TO THE TRUE POINT
OF BEGINNING; THENCE SOUTH 390 23' 15" EAST 196.02 FEET TO A POINT ON THE SOUTHEASTERLY
LINE OF THE NORTHWESTERLY HALF OF SAID LOT 37; THENCE ALONG SAID LINE SOUTH 500 18' 30"
WEST 140.06 FEET TO SOUTHERLY CORNER OF SAID NORTHWESTERLY HALF; THENCE SOUTH 390 41'
59" EAST 0.35 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF THE NORTHWESTERLY 262.25
FEET OF SAID LOT 36; THENCE ALONG SAID LINE SOUTH 50° 24' 11" WEST 240.06 FEET TO THE
SOUTHERLY CORNER NORTHWESTERLY 262.25 FEET OF SAID LOT 36, BEING THE EASTERLY CORNER
OF THAT LAND DESCRIBED IN A DEED TO ROBERT N. FRITZ AND DOROTHY A. FRITZ RECORDED
OCTOBER 18, 1974 AS INSTRUMENT NO. 74- 279015 IN THE OFFICE OF THE SAID COUNTY RECORDER,
THENCE ALONG SAID FRITZ LAND SOUTH 500 14' 36" WEST 96.54 FEET; THENCE NORTH 890 16,19"
WEST 96.71 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT 35; THENCE ALONG SAID LINE
NORTH 000 43'41" EAST (RECORD NORTH 000 04' 50" EAST) 436.41 FEET TO A POINT THAT BEARS
SOUTH 860 50' 56" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 86° 50' 56" EAST
334.02 FEET TO THE TRUE POINT OF BEGINNING.
Dated: February 14, 2012
First American Title Insurance Company
Dennis J. Gilmore
President
Timothy Kemp
Secretary
FirstAmerican Title Company
{40y �
i •• Ifi1 �
Form No. 14 Order Number: NHSC-
3528789
CLTA Subdivision Guarantee (4- 1075) Page Number: 3
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by
reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which
may resutt in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of
the taxing authority or by the public records.
(c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title
to water, whether or not the matters excuded under (1), (2) or (3) are shown by the public records.
2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage
by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in
the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such
land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such
property, rights or easements are expressly and specifically set forth in said description.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered,
assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential
invalidity of any judicial or non - judicial proceeding which is within the scope and purpose of the assurances provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in the Guarantee mean:
(a) the "Assured ": the parry or parties named as the Assured in this Guarantee, or on a supplemental writing exerted by the Company.
(b) "land ": the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property.
The term 'land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title,
interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways.
(c) "mortgage ": mortgage, deed of trust trust deed, or other security instrument.
(d) "public records" : records established under state statutes at Date of Guarantee for the purpose of Imparting constructive notice of matters relating
to real property to purchasers for value and without knowledge.
(e) "date ": the effective date.
2. Notice of Claim to be Glven by Assured Claimant.
An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is
adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of
this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the manner or
matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured
under this Guarantee unless the Company shall be prejudiced by the failure and then Doty to the extent of the prejudice.
3. No Duty to Defend w Prosecute.
The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a parry, notwithstanding the nature of any
allegation in such action or proceeding.
4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate.
Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above:
(a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in
(b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to
establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under
the terms of this Guarantee, whether or not R shall be liable hereunder, and shall not thereby concede liability or waive any provision of this
Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligentty.
(b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to
the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other
counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters
not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may
pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an
adverse judgment or order.
FirstAmencan Title Company
Form No. 14 Order Number: NNSC-
3528789
CLTA Subdivision Guarantee (4 -10-75) Page Number: 4
(d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure
to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to
use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give
the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act
which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the
lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to
the Assured under the Guarantee shall terminate.
S. Proof of Loss Damage.
In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss
or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts
giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss
or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the
failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate.
In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the
Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which
reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its
permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks,
correspondence and memoranda in the custody or control of a third parry, which reasonably pertain to the loss damage. All information designated as
confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of
the Company, is is riecessery in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably
requested information of grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless
prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim.
6. Options to Pay w Otherwise Settle Gaims: Termination of Liability.
In case of a claim under this Guarantee, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness.
The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured
within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a
mortgage or a lientalder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing
thereon, togetlx+ with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up
to the time of purchase.
Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event
after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such
indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price.
Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the
claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense
or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the
Company for cancellation.
(b) To Pay Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with
any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorzed by the Company up to the time of payment and which
the Company is obligated to pay.
Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the
claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense
or prosecution of any litigation for which the Company has exercised its options under Paragraph 4.
7. Determination and Extent of Liability.
This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss
or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions
From Coverage of This Guarantee.
The Liability of the Company under this Guarantee to the Assured shall not exceed the least of:
(a) the amount of liability stated in Schedule A or in Part 2;
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these
Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this
Guarantee occurs, together with interest thereon; or
(c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any
defect, lien or encumbrance Assured against by this Guarantee.
8. Limitation of Liability.
(a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this
Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, It shall have fully
performed Its obligations with respect to that matter and shall not be liable for any loss or damage oused thereby.
(b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has
been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as sued herein.
(c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or sult
without the prior written consent of the Company.
9. Reduction of Liability or Termination of liability.
Al payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of
liability pro tanto.
10. Payment of Loss.
First American Title Company
Form No. 14 Order Number : NHSC-
3528789
CLTA Subdivision Guarantee (4- 10-75) Page Number: 5
(a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in
which use proof of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage
shall be payable within thirty (30) days thereafter.
11. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any
act of the Assured claimant
The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in
respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and
remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue,
compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the
Assured after the Assured shall have recovered its principal, interest, and costs of collection.
12. Arbitration.
Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the
Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision
or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or
the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the
Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only d
the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by
the Arbitrator(s) may be entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
13. Lfabllity Limited to This Guarantee; Guarantee Entire Contract
(a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured
and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by er her the
President, a Vice President, the Secretary, and Assistant Secretary, or validating officer or authorized signatory of the Company.
14. Notices, Where Sent.
All notices required to be given the Company and any statement in writing required to be furnished the Company shall Include the number of this
Guarantee and shall be addressed to the Company at 2 First American Way, Bldg 2, Santa Ana, California, 92707.
First American Title Company
MOO 401W
September 16, 2010
Warmington Residential California
3090 Pullman Street
E LTA Costa Mesa, California 92626
Attention: Mr. James W. Skinner
Project No. SD 182
Document No. 10 -0506
SUBJECT: R -VALUE TEST RESULTS AND PAVEMENT RECOMMENDATIONS
Urania Avenue and Normandy Road Overlays and
Pavement Sections for Private Streets A, B, and C
Encinitas 23 (formerly Fritz Property, Parcels A, B & C)
1253 Urania Avenue
Encinitas, California 92024
Dear Mr. Skinner:
This letter presents the results of recent R -Value testing performed for the proposed
Urania Avenue and Normandy Road overlays and private Street A, B, and C pavement
sections as part of the Encinitas 23 construction (formerly Fritz Property, Parcels A, B &
C).
Our scope of services consisted of coring the existing pavement on Urania Avenue and
Normandy Road at approximately 150 -foot spacing. Four cores were drilled on Urania
Avenue and two cores were drilled on Normandy Road. The approximate locations of
the cores and associated borings are shown on Figure 1, Exploration Plan. The
existing pavement sections were logged and samples of the subgrade soils were
obtained from each of the borings. Logs of the borings are presented on the attached
Figures 2 through 4. The current pavement sections consist of 6 inches to 1 1 inches
of asphaltic concrete over subgrade on Urania Avenue and 3' /2 inches of asphaltic
concrete over subgrade on Normandy Road. No aggregate base was encountered in
any of the borings.
Two R -Value tests were performed on the samples of subgrade soils obtained from the
borings. The results of the R -Value tests performed on the pavement subgrade soils
indicated the soils tested possess R- Values ranging from <5 to 21.
Based on Drawing Sheets 2 through 6 of the Improvement Plans for Encinitas 23
(formerly Fritz Property, Parcels A, B & C) prepared by Hunsaker & Associates, we
understand that the Urania Avenue and Normandy Road pavement sections will consist
of overlaying and widening about 705 feet of roadway width and curb along Urania
9245 Activity Road, Suite 103 A San Diego, California 92126 ♦ (858) 5361000 voice A (858)5368311f"
lrnine, CA (949) 450 -2100 ♦ Torrance. CA (310)320-5100A Ontario, CA(909)605-6500 ♦ El Centro, CA (760) 3372067
mmtv.GrouloDeltaxom
WARMINGTON RESIDENTIAL CALIFORNIA PROJECT NO. SD182
SEPTEMBER 16, 2010 DOCUMENT NO. 10 -0506
PAGE 2
Avenue and about 240 feet of roadway width and curb along Normandy Road. Based
on the plans, the new pavement on Urania Avenue and Normandy Road is to consist of
a maximum of 4 inches of asphalt concrete overlay in the area of the existing pavement
and 4 inches of asphalt concrete over 6 inches of Class II aggregate base in the areas
of new pavement. Private Streets A, B, and C are to be constructed with a minimum
pavement section of 4 inches of asphalt concrete over 6 inches of Class II aggregate
base. Based on the plans, we understand that the new pavement is to be designed in
accordance with the City of Encinitas, Engineering Department, Public Road
Standards.
Based on information provided by Mr. Rob Blough, City Traffic Engineer for the City of
Encinitas, we understand that Urania Avenue between Leucadia Boulevard and
Normandy Road has a daily traffic volume of 4,000 (Equivalent T.I. of 6.5) and
Normandy Road between Piraeus Street and Urania Avenue has a daily traffic volume of
1,500 (Equivalent T.I. of 6.0). At the request of Mr. Masih Maher of the City of
Encinitas, we have used a design traffic index of 7.5 for Urania Avenue and 6.5 for
Normandy Road. Based on information provided by Mr. Masih Maher the cul -de -sacs
of private Streets A, B, and C are to be designed for a traffic index of 5.0 but should not
be designed for less than the minimum pavement section of 4- inches of asphalt
concrete over 6- inches of Class II aggregate base.
As noted above, laboratory testing of samples of the upper subgrade soils in the area of
the proposed roadway improvements indicated R- Values ranging from <5 on
Normandy Road to 21 on Urania Avenue.
Based on a design R -vaiue of 5 for Normandy Road and private Street B, a Class 2
Base with a minimum R -Value of 78, and the traffic indices shown below, the following
minimum pavement sections were calculated using the Caltrans design method as a
guideline.
Street Traffic Index Asphalt Concrete Anareoate Base
Normandy Road 6.5 4 inches 14 inches
Alternatively 11 inches Full Depth AC and no Base
Street B 5.0 4 inches 71/2 inches S d00.0,10�/
Based on the Caltrans design method, an asphaltic concrete overlay of 7'/2 inches
would be required to meet the Caltrans pavement section requirements for a Traffic
Index of 6.5 on Normandy Road. Where the existing AC pavement thickness is 4
DFL"IA
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WARMINGTON RESIDENTIAL CALIFORNIA PROJECT NO, SDI 82
SEPTEMBER 16, 2010 DOCUMENT NO. 10 -0506
PAGE 3
inches, the proposed maximum overlay of 4 inches of asphaltic concrete would not
meet the Caltrans pavement section requirements for a traffic index of 6.5 and would
not quite meet the Caltrans pavement section requirements for a traffic index of 5.5.
The minimum pavement section of 4 inches of asphalt concrete over 6 inches of Class
II aggregate base for private Street B would not meet the Caltrans pavement section
requirements for a design traffic index of 5.0 but would meet the Caltrans pavement
section requirements for a traffic index of 4.5.
Based on a design R -value of 21 for Urania Avenue and private Streets A and C, a Class
2 Base with a minimum R -Value of 78, and the traffic indices shown below, the
following pavement sections were calculated using the Caltrans design method as a
guideline.
Street Traffic Index Asphalt Concrete Aggregate Base rte/
I
Urania Avenue 7.5 4 inches 131/2 inches rr S r✓
Alternatively 11'/2 inches Full Depth AC and no Base eS Pdl e'�
�U
Streets A and C 5.0 4 inches 5 inches
Based on the Caltrans design method, an asphaltic concrete overlay of between 1 and
51/2 inches would be required to meet the Caltrans pavement section requirements for
Traffic Index of 7.5 on Urania Avenue. Where the existing AC pavement thickness is
less than 7'/2 inches, the proposed maximum overlay of 4 inches of asphaltic concrete
would not meet the Caltrans pavement section requirements for a traffic index of 7.5
but would meet the Caltrans pavement section requirements for a traffic index of 7.0
given the observed existing pavement sections. The minimum pavement section of 4-
inches of asphalt concrete over 6- inches of Class II aggregate base for private Streets A
and C would exceed the Caltrans pavement section requirements for a design traffic
index of 5.0.
Subgrade preparation should be conducted immediately prior to the placement of the
new pavement sections. Prior to paving the site, the exposed pavement subgrade
should be scarified 12 inches, brought to approximately optimum moisture content,
and compacted. Aggregate base and the upper 12 inches of subgrade soil should be
compacted to at least 95 percent of the maximum dry density, determined in general
accordance with ASTM D1557. Aggregate base materials should conform to Class 2
aggregate base as defined in Section 26 of the latest edition of the Caltrans Standard
Specifications. Alternatively, base material should conform to the specifications for
crushed aggregate base, crushed miscellaneous base, or processed miscellaneous
GROUP
r
WARMINGTON RESIDENTIAL CAUFORNIA PROJECT NO. SDI 82
SEPTEMBER 16,2010 DOCUMENT NO. 10 -0506
PAGE 4
base as defined in Section 200 -2 of the latest edition of the Standard Specifications for
Public Works Construction, "GREENBOOK ". Asphalt concrete should comply with the
requirements of the latest edition of the "California Department of Transportation
Standard Specifications" and should be compacted to at least 95 percent of the
laboratory HVEEM density as determined by ASTM D1562.
The recommendations presented herein are considered generally consistent with
methods typically used in southern California, and have been developed using the
degree of care and skill ordinarily exercised, under similar circumstances, by reputable
geotechnical consultants practicing in this or similar localities. No warranty, expressed
or implied, is made as to the conclusions and professional opinions included in this
letter.
We appreciate this opportunity to provide professional services. If you have any
questions or comments regarding this letter or the services provided, please do not
hesitate to contact us.
Respectfully submitted,
GROUP DELTA CONSULTANTS INCORPORATED
n R. Theissen, CE 28313, GE 825
Principal Engineer
I
W. Lee Vanderhurst, C.E.G. 1125
Principal Geologist
Distribution: (2) Addressee
(1) Jessica Nishiura, P.E., Hunsaker & Associates (Fax: 858- 558 -1414)
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S13-182
DELTA EXPLORATION PLAN
Moa fled Imm SHEET 2.PDF /mm Hunsaker and Associates
LOG OF EXPLORATION BORING NO. 1
Logged by: RLR Date: 8/17/2010
Method of Excavation: 8 INCH HOLLOW STEM FLIGHT AUGER Elevation: Pavement FG
LL
LL
E
E
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a
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DESCRIPTION
TESTS
❑
m
a
d
m
v
O
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-
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m
11- inches Asphaltic Concrete over Subgrade, No Aggregate Base
6- inches Asphaltic Concrete over Subgrade, No Aggregate Base
1
FILL: Clayey Sand (SC), light olive brown, fine grained, moist, low plasticity
R -Value
FILL: Clayey Sand (SC), dark yellowish brown, fine to medium grained,
2
moist, low plasticity.
2
3
4
3
5
4
6
5
7
6
8
7
Total Depth 3.0 Feet
8
No groundwater encounterec
Total Depth 3.0 Feet
9
Backfilled 8/17/2010
No groundwater encounterec
LOG OF EXPLORATION BORING NO. 2
Logged by: RLR Date: 8/17/2010
Method of Excavation: 8 INCH HOLLOW STEM FLIGHT AUGER Elevation: Pavement FG
LL
-
"
m
E
E
a
E
E
3
n
DESCRIPTION
TESTS
n
o
c
v
O
m
u
a
-
�
m
6- inches Asphaltic Concrete over Subgrade, No Aggregate Base
1
R -Value
FILL: Clayey Sand (SC), dark yellowish brown, fine to medium grained,
moist, low plasticity.
2
3
4
5
6
7
8
Total Depth 3.0 Feet
No groundwater encounterec
9
Backfilled 8/17/2010
PROJECT NO. SD182 GROUP DELTA CONSULTANTS FIGURE 2
LOG OF EXPLORATION BORING NO. 3
Logged by: RLR Date: 6/17/2010
Method of Excavation: 8 INCH HOLLOW STEM FLIGHT AUGER Elevation: Pavement FG
P7
LL
LL
�
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E
m
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E
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DESCRIPTION
TESTS
d
o
m
a
m
a
m
6- inches Asphaltic Concrete over Subgrade, No Aggregate Bas(
1
6- inches Asphaltic Concrete over Subgrade, No Aggregate Bas(
FILL: Silty Sand (SM), dark yellowish brown, fine to medium grained,
1
moist, nonplastic.
FILL: Silty Sand to Clayey Sand (SM /SC), medium brown, fine to coarse grained,
2
moist, nonplastic.
2
3
4
5
6
7
8
Total Depth 3.0 Feet
No groundwater encounterec
g
8ackfilled 8/17/2010
LOG OF EXPLORATION BORING NO.4
Logged by: RLR Date: 8/17/2010
Method of Excavation: 8 INCH HOLLOW STEM FLIGHT AUGER Elevation: Pavement FG
m
d
LL
s
'�
s
E
E
E
E
DESCRIPTION
TESTS
d
o
°
m
°
a
m
6- inches Asphaltic Concrete over Subgrade, No Aggregate Bas(
1
FILL: Silty Sand to Clayey Sand (SM /SC), medium brown, fine to coarse grained,
moist, nonplastic.
2
3
4
5
6
7
8
Total Depth 2.5 Feet
No groundwater encounterec
g
Backfilled 8/17/2010
PROJECT NO. SD182 GROUP DELTA CONSULTANTS FIGURE 3
LOG OF EXPLORATION BORING NO. 5
Logged by: RLR Date: 8/17/2010
Method of Excavation: 8 INCH HOLLOW STEM FLIGHT AUGER Elevation: Pavement FG
-
;
m
a
m
s
LL
3'.
E
E
DESCRIPTION
TESTS
o
m
a
0
o
m
a
m'
3'/.- inches Asphaltic Concrete over Subgrade, No Aggregate Bas(
1
inches Asphaltic Concrete over Subgrade, No Aggregate Bas(
1
�L Sandy Fat Clay (CH), medium yellow brown, moist,
L: Silty Sand to Clayey Sand (SM /SC), medium brown, fine grained,
2
moist, low plasticity.
2
3
4
3
FILL: Sandy Lean to Fat Clay (CUCH), medium brown, moist,
5
medium to high plasticity
4
7
5
8
Total Depth 2.0 Feet
6
No groundwater encounterec
7
Backfilled 8/1712010
8
Total Depth 3.0 Feet
No groundwater encounterec
g
Backfilled 8/1712010
LOG OF EXPLORATION BORING NO. 6
Logged by: RLR Date: 8/17/2010
Method of Excavation: 8 INCH HOLLOW STEM FLIGHT AUGER Elevation: Pavement FG
-
;
d
E
m
a
s
y
y DESCRIPTION
TESTS
a
m
�
o
m
v
a
m
3'/.- inches Asphaltic Concrete over Subgrade, No Aggregate Bas(
1
R -Value
�L Sandy Fat Clay (CH), medium yellow brown, moist,
medium to high plasticity, micaceous
2
3
4
5
6
7
8
Total Depth 2.0 Feet
No groundwater encounterec
g
Backfilled 8/1712010
PROJECT NO. SD182 GROUP DELTA CONSULTANTS FIGURE 4