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REPORT OF PRELIMINARY GEOTECHNICAL INVESTIGATION
PROPOSED VELEZ RESIDENCE IMPROVEMENTS
1361 AHLRICH AVENUE
ENCINITAS, CALIFORNIA
SUBMITTED TO:
TOM AND ANGELA VELEZ
1361 AHLRICH AVENUE
ENCINITAS, CALIFORNIA 92014
SUBMITTED BY:
CHRISTIAN WHEELER ENGINEERING
4925 MERCURY STREET
SAN DIEGO, CALIFORNIA 92111
4925 Mercury Street i San Diego, CA 92111 ♦ 858 -f96 -9'60 ♦ FAX 858- 496 -9 -58
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July 31, 2008
Tom and Angela Velez
1361 Aldrich Avenue
Encinitas, California 92024
CWE 2080500.01
SUBJECT: REPORT OF PRELIMINARY GEOTECHNICAL INVESTIGATION,
PROPOSED VELEZ RESIDENCE IMPROVEMENTS,
1361 AHLRICH AVENUE, ENCINITAS, CALIFORNIA.
Dear Mr. and Mrs. Velez:
In accordance with your request and our proposal and agreement dated July 9, 2008, we have completed
a preliminary geotechnical investigation for the subject property. We are presenting herewith a report of
our findings and recommendations.
As encountered in our investigation, the area of the site to receive the proposed improvements is
underlain by fill deposits and formational soils. Both deposits are considered suitable for the support of
the proposed improvements. The proposed construction area consists of a fill over natural slope. This
configuration will result in deeper than usual footings to support the proposed improvements.
The site is located in an area that is relatively free of geologic hazards that will have a significant effect on
the proposed construction. The most likely geologic hazard that could affect the site is ground shaking
due to seismic activity along one of the regional active faults. However, construction in accordance with
the requirements of the most recent edition of the California Building Code and the local governmental
agencies should provide a level of life -safety suitable for the type of development proposed.
492i .Mercury Street ♦ San Mcgo. CA 92111 i 8i8- 196 -9 -60 ♦ FAX Ri8- 496 -9 -S8
CWE 2080500.01 July 31, 2008 Cover Letter Page No. 2
If you have questions after reviewing this report, please do not hesitate to contact our office. This
opportunity to be of professional service is sincerely appreciated.
Respectfully submitted,
CHRISTLIN WHEELER ENGINEERING
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C harles H. Christian, RGE #00215
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TABLE OF CONTENTS
Introduction and Project Description .............................. ...............................
ProjectScope .................................................................. ...............................
Findings.......................................................................... ...............................
SiteDescription .......................................................... ...............................
General, Geology and Subsurface Conditions ............ ...............................
Geologic Setting and Soil Description ...................... ...............................
ArtificialFill ......................................................... ...............................
Surfcial Soils ........................................................ ...............................
Very Old Paralic Deposits
Groundwater .......................
Tectonic Sett ing .............. ...............................
Geologic Hazards ............... ...............................
Ground Shaking ............ ...............................
Landslide Potential and Slope Stability ........
Liquefaction .................. ...............................
Flooding......................... ...............................
Tsunamis........................ ...............................
Seiches........................... ...............................
Conclusions ........................... ...............................
Recommendations ................. ...............................
Grading and Earthwork ..... ...............................
General.......................... ...............................
Pregrade Meeting .......... ...............................
Observation of Grading . ...............................
Site Preparation .............. ...............................
Compaction and Method of Filling
Imported Fill .. ...............................
Surface Drainage .........................
Foundations ...... ...............................
General .......... ...............................
Expansive Characteristics .............
Shallow Foundations ........................
Foundation Dimensions ................
Bearing Capacity .......................... ...............................
PAGE
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FootingReinforcement ..............................................................................................
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Cast -In- Place- Concrete -piers ..........................................................................................
..............................9
MinimumPier Dimensions .........................................................................................
..............................9
PierReinforcing ........................................................................................................
..............................9
LateralLoads .............................................................................................................
..............................9
LateralBearing Capacity .............................................................................................
..............................9
Excavation Characteristics ..........................................................................................
..............................9
PierExcavation Cl eaning .................................................................................
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SettlementCharacteristics ..........................................................................................
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FoundationPlan Review ..........................................................................................
............................... 10
Foundation Excavation Observation .........................................................................
............................... 10
EarthRetaining Walls ..................................................................................................
.............................10
PassivePressure .........................................................................................................
.............................lo
EquivalentFluid Pressure ..........................................................................................
.............................10
Waterproofingand Subdrain ...................................................................................
..............................1 I
CWE 2080500.01
Proposed Velez Residence Improvements
1361 Ahlrich Avenue, Encinitas, California
Backfill....................................................................................................................
............................... I 1
SegmentalWalls ..........................................................................................................
..............................1 I
Limitations.....................................................................................................................
............................... I I
Review. Observation and Testing ...............................................................................
............................... l l
Uniformityof Condit ions .............................................................................................
.............................12
Changein Scope .........................................................................................................
............................... 12
TimeLimit ations ..........................................................................................................
.............................12
ProfessionalSt andard ...................................................................................................
.............................12
Client's Responsibility .................................................................................................
.............................13
ATTACHMENTS
FIGURES
Figure 1 Site Vicinity Map, Follows Page 1
PLATES
Plates 1 Site Plan
Plates 2 Retaining Wall Subdrain
APPENDICES
Appendix A References
Appendix B Recommended Grading Specifications- General Provisions
Appendix C Slope Stability Calculations
CWE 2080500.01
Proposed Velez Residence Improvements
1361 Ahlrich Avenue, Encinitas, California
1171,
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REPORT OF PRELIMINARY GEOTECHNICAL INVESTIGATION
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INTRODUCTION AND PROJECT DESCRIPTION
This report presents the results of a preliminary geotechnical investigation performed for the proposed
improvements to an existing residential lot located at 1361 Ahlrich Avenue, in the city of Encinitas,
California. The following Figure Number 1 presents a site vicinity map showing the location of the property.
We understand that the subject project will consist of a segmental wall up to seven feet in height to support a
lawn area, as well as a deck to be supported with drilled, cast -in -place concrete piers and grade beams.
Masonry block walls up to about five feet in height are also proposed. Grading will consists of fills up to
about seven feet in height.
To assist in the preparation of this report, we were provided with a site sketch prepared by John Nalevanko
Architect, dated June 3, 2008. A copy of the sketch and the original subdivision precise grading plan was used
as the base for our Site Plan and is included herewith as Plate Number 1. In addition, we have reviewed the
following reports prepared by our firm. Pertinent information from said reports was used in the preparation
of this report.
• "Report of Grading Observations and Testing, Hickory Hill Subdivision, City of Encinitas Tract 99-
135 Units 1 & 2, Hickory Drive and Ahlrich Avenue, Encinitas, California "; August 4, 2003 (CWE
202.696.7).
• "Report of Preliminary Geotechnical Investigation, 10 -Lot Subdivision, Hickory Drive, Encinitas ";
May 7, 1999 (CWE 199.159.1).
This report has been prepared for the exclusive use of Tom and Angela Velez and their design consultants for
specific application to the project described herein. Should the project be changed in any way, the modified
plans should be submitted to Christian Wheeler Engineering for review to determine their conformance with
4925 Mercury Street i San Diego. CA 92111 ♦ 858- 496 -9760 ♦ FAX 858- 496 -9758
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CIXB 2080500.01 July 31, 2008 Page No. 2
our recommendations and to determine if any additional subsurface investigation, laboratory- testing and /or
recommendations are warranted. Our professional services have been performed, our findings obtained, and
our recommendations prepared in accordance with generally accepted engineering principles and practices.
This warranty is in lieu of all other warranties, express or implied.
PROJECT SCOPE
The scope of our preliminary investigation included: surface reconnaissance, and review of relevant geologic
literature and the aforementioned reports. Our scope of service did not include assessment of hazardous
substance contamination or any other services not specifically described in the scope of services presented
below. More specifically, the intent of this investigation was to:
a) Explore the near- surface soil conditions of the site;
b) Evaluate, by laboratory tests and our past experience with similar soil types, the engineering
properties of the various strata that may influence the proposed construction, including
bearing capacities, expansive characteristics and settlement potential;
C) Describe the general geology at the site including possible geologic hazards that could have
an effect on the proposed construction, and provide the seismic design parameters as
required by the 2007 edition of the California Building Code;
d) Address potential construction difficulties that may be encountered due to soil conditions,
groundwater or geologic hazards, and provide recommendations concerning these problems;
C) Develop soil engineering criteria for site preparation and grading, and address the stability of
the proposed segmental wall and slope configuration;
Provide design parameters for unrestrained masonry and segmental retaining walls;
g) Recommend an appropriate foundation system for the type of improvements anticipated
and develop soil engineering design criteria for the recommended foundation design;
CWE 2080500.01 July 31, 2008 Page No. 3
h) Present our professional opinions in this written report, which includes, in addition to our
conclusions and recommendations, a plot plan, exploration logs and a summary of the
laboratory test results.
FINDINGS
SITE DESCRIPTION
The subject site consists of an irregular shaped parcel of land located at 1361 Ahlrich Avenue, in the city of
Encinitas, California. The property is located at the southern terminus of a private road that connects to
Ahlrich Avenue. The lot is bounded on all sides by single - family residential structures. The property presently
supports a two-story residential structure, a swimming pool, and an access driveway.
Topographically, the majority of the site consists of a nearly flat -lying pad with an elevation of about 354 feet
mean sea level. A descending, composite fill, native and cut slope exists in the eastern portion of the site. The
upper portion of the slope is part of the subject site. The slope has an overall height of about 30 feet. The
slope inclination is about 2:1 (horizontal to vertical) or flatter. Vegetation consists of grasses, shrubs, and
trees, typical for this tcpe of property.
An existing storm drain extends from the access driveway, along the east side of the existing structure and
exits at the middle of the east facing slope, draining into a two- foot-wide, reinforced concrete brow ditch.
The pipe is about eight feet below building pad grade. Its exit point is located under the proposed deck.
GENERAL GEOLOGY AND SUBSURFACE CONDITIONS
GEOLOGIC SETTING AND SOIL DESCRIPTION: The subject site is located within the Coastal
Physiographic Province of San Diego County. Based on our review of the aforementioned reports, and analysis
of readily available pertinent geologic literature, the project area was determined to be underlain by fill material
and terrace deposits. These materials are described below in general order of increasing age:
ARTIFICIAL FILL (Qaf): Fill materials underlie the existing budding pad. These materials are
associated with the mass grading of the subdivision and construction of the storm drain. The fill depth,
excluding storm drain backfill, ranges up to about 5 feet below existing grade. Fill materials consist of
silty sand (SNI). The fill was judged to possess a low expansion index.
CWT- 2080500.01 July 31, 2008 Page No. 4
SURFICIAL SOILS: : Surficial soils consisting of topsoil and /or slopewash underlie the natural
portion of the slope. This material consists of silty sands (SNI). The surficial soils were judged to
posses a low expansion index.
TERRACE DEPOSITS (Qt): Quaternary- -age marine terrace deposits underlie the fill and surficial
soils in the natural portion of the slope. These deposits consist of silty sands (SNV . The formational
soils were judged to possess a low expansion index.
GROUNDWATER: No evidence of groundwater or seepage was observed during our site reconnaissance.
However, seepage conditions were encountered in several areas during the grading of the subdivision. Some
groundwater from off -site sources or water associated with the storm drain trench may be encountered during
drilling operations for the proposed piers. In general, we do not expect groundwater related conditions after the
proposed construction. However, it should be recognized that minor groundwater seepage problems might
occur after construction and landscaping changes at a site even where none were present before construction.
These are usually minor phenomena and are often the result of an alteration in drainage patterns and /or an
increase in irrigation water. Based on the anticipated construction and landscaping, it is our opinion that any
seepage problems that may occur will be minor in extent. It is further our opinion that these problems can be
most effectively corrected on an individual basis if and when they occur.
TECTONIC SETTING: No active or potentially active faults are known to traverse the subject site.
However, it should be noted that much of Southern California, including the San Diego County area, is
characterized by a series of Quaternary -age fault zones that consist of several individual, en echelon faults that
generally strike in a northerly to northwesterly direction. Some of these fault zones (and the individual faults
within the zone) are classified as "active" according to the criteria of the California Division of Mines and
Geology. Active fault zones are those that have shown conclusive evidence of faulting during the Holocene
Epoch (the most recent 11,000 years). The Division of brines and Geology used the term "potentially active"
on Earthquake Fault Zone maps until 1988 to refer to all Quaternary-age (last 1.6 million years) faults for the
purpose of evaluation for possible zonation in accordance with the Alquist -Priolo Earthquake Fault Zoning
Act and identified all Quaternary- -age faults as "potentially active" except for certain faults that were
presumed to be inactive based on direct geologic evidence of inactivity during all of Holocene time or longer.
Some faults considered to be "potentially active" would be considered to be "active" but lack specific criteria
used by the State Geologist, such as iufi ient} active and we/!- defined. Faults older than Quaternary -age are not
specifically defined in Special Publication 42, Fault Rupture Hazard Zones in California, published by the
California Division of ;dines and Geology. However, it is generally accepted that faults showing no
movement during the Quaternary period may be considered to be "inactive ".
CWE 2080500.01 July 31, 2008 Page No. 5
The nearest active fault zone is the Rose Canyon Fault Zone, which is located approximately 6Y: kilometers
to the west of the site. Other active fault zones in the region that could possibly affect the site include the
Newport- Inglewood and Coronado Bank Fault Zones to the northwest, the Palos Verde Fault Zone to the
west, the Elsinore, San Jacinto, and San Andreas Fault Zones to the northeast, and the Earthquake Valley
Fault to the east.
GEOLOGIC HAZARDS
GROUND SHAKING: A likely geologic hazard to affect the site is ground shaking as a result of
movement along one of the major active fault zones mentioned above. The fault most likely to have a
significant effect on the site is the Rose Canyon Fault, located about 6' /z kilometers west of the site. Provided
below are seismic design factors applicable to the subject site. The seismic design factors were determined in
accordance with the 2007 California Building Code, based on the 2006 International Building Code. The site
coefficients and adjusted maximum considered earthquake spectral response acceleration parameters are
presented herein:
Site Coordinates: Latitude
Longitude
33.0220
- 117.1540
Site Class
D
Site Coefficient F.
1.082
Site Coefficient F,
1.631
Spectral Response Acceleration at Short
Periods S.
1.045
Spectral Response Acceleration at 1 Second
Period S,
0.385
Sw =F,S,
1.130
Sntt =F,St
0.627
Sos =2/3" Ssts
0.753
Sn1 =2 /3 *Smi
0.418
Probable ground shaking levels at the site could range from slight to moderate, depending on such factors as
the magnitude of the seismic event and the distance to the epicenter. It is likely that the site will experience
the effects of at least one moderate to large earthquake during the life of the proposed improvements.
LANDSLIDE POTENTIAL AND SLOPE STABILITY: As part of this investigation we reviewed the
publication, "Landslide Hazards in the Northern Part of the San Diego Metropolitan Area" by Tan, 1995.
This reference is a comprehensive study that classifies San Diego County into areas of relative landslide
susceptibility. According to this publication, the site is located in Relative Landslide Susceptibility Area 3 -1,
CWE 2080500.01 July 31, 2008 Page No. 6
which is considered to be "generally susceptible" to landsliding. However, based on the findings of our
investigation, it is our professional opinion that the potential for slope failures within the site is low.
The gross stability of the existing composite fill, native and cut slope located at the east portion of the site as
well as the proposed segmental wall was analyzed utilizing shear strength parameters obtained from the
referenced Geotechnical Investigation, and assumed values considered conservative. The analyses are
presented in Appendix C, and indicate an adequate factor of safety.
LIQUEFACTION: The near- surface soils encountered at the site possess a low risk potential for
liquefaction due to such factors as soil density, grain -size distribution and the absence of shallow groundwater
conditions.
FLOODING: The site is located outside of the boundaries of both the 100 -year and 500 -year flood zones.
TSUNAMIS: Tsunamis are great sea waves produced by submarine earthquakes or volcanic eruptions. The site
is not subject to risk from tsunamis.
SEICHES: Seiches are periodic oscillations in large bodies of water such as lakes, harbors, bays or reservoirs.
The site will not be affected by seiches.
CONCLUSIONS
It is our professional opinion and judgment that no geotechnical conditions exist on the subject property that
would preclude the construction of the proposed development, provided the recommendations presented
herein are followed. The main geotechnical condition affecting the construction of the proposed
improvements is the steepness of the proposed construction area. This condition will require minimum
setbacks between footings and the face of slopes as described herein.
The site is located in an area that is relatively free of geologic hazards that will have a significant effect on the
proposed construction. The most likely geologic hazard that could affect the site is ground shaking due to
seismic activity along one of the regional active faults. However, construction in accordance with the
requirements of the most recent edition of the California Building Code and the local governmental agencies
should provide a level of life- safety suitable for the type of development proposed.
CWE 2080500.01 July 31, 2008 Page No. 7
RECOMMENDATIONS
GRADING AND EARTHWORK
GENERAL: All grading should conform to the guidelines presented in Appendix J of the California
Building Code, the minimum requirements of the City of Encinitas, and the Recommended Grading
Specifications and Special Provisions attached hereto as Appendix B, except where specifically superseded in
the text of this report. Prior to grading, a representative of Christian Wheeler Engineering should be present
at the preconstmction meeting to provide additional grading guidelines, if necessary, and to review the
earthwork schedule.
PRECONSTRUCTION MEETING: It is recommended that a preconstruction meeting be performed
including a representative from Christian Wheeler Engineering, to discuss the recommendations of this report
and address any geotechnical issues that may affect the proposed construction.
OBSERVATION OF GRADING: Continuous observation by the Geotechnical Consultant is essential
during the grading and backfilling operations to confom conditions anticipated by our investigation, to allow
adjustments in design criteria to reflect actual field conditions exposed, and to determine that the grading
proceeds in general accordance with the recommendations contained herein.
SITE PREPARATION: Site preparation should begin with the removal of any existing vegetation from
the proposed construction area. Any loose fill or formational sods resulting from this operation as well as any
topsoils /slopewash underlying proposed fill areas should be removed to competent fill or formational soils,
and replaced as compacted fill. It is anticipated that this operation will be performed with typical benching
done during the backfilling of the segmental walls. .ill excavations should be approved by our project
geologist, engineer, or technician supervisor prior to placing fills or constructing improvements, and all areas
to receive fill should be processed as described below in the "Processing of Fill Material' section of this
report.
COMPACTION AND METHOD OF FILLING: All structural fill placed at the site should be compacted
to a relative compaction of at least 90 percent of maximum dry• density as determined by ASTbI Laboratory- Test
D1557. Fills should be placed at or slightly above optimum moisture content, in hfts six to eight inches thick,
with each lift compacted by mechanical means. Fills should consist of approved earth material, free of trash or
debris, roots, vegetation, or other materials determined to be unsuitable by our soil technicians or project
geologist. Fill material should be free of rocks or lumps of soil in excess of six inches in maximum dimension.
CWE 2080500.01 July 31, 2008 Page No. 8
However, in the segmented wall reinforced zone, no rocks or lumps of soil in excess of three inches should be
allowed.
IMPORTED FILL: Imported fill should consist of nondetrirnentally expansive (Expansion Index less than
50) sands, silty sands and silty sands with clay. Imported soils should be approved by this office prior tro
delivery to the site. A minimum 48 -hour advance notice is required.
SURFACE DRAINAGE: The drainage around the proposed improvements should be designed to collect
and direct surface water away from proposed improvements and the top of slopes toward appropriate
drainage facilities. In general, we recommend that the ground adjacent to improvements be sloped away at a
minimum gradient of two percent. Densely vegetated areas where runoff can be impaired should have a
minimum gradient of five percent for the first five feet from the improvements. Site irrigation should be
Limited to the minimum necessary to sustain landscape growth. Overwatering should be avoided. Should
excessive irrigation, impaired drainage, or unusually high rainfall occur, zones of wet or saturated soil may
develop.
FOUNDATIONS
GENERAL• Based on our findings, it is our opinion that the proposed retaining walls may be supported by
conventional shallow footings. The proposed deck may be supported on concrete cast -in -place drilled piers
extending into formational soils. The following recornmendadons are considered the minimum based on soil
conditions and are not intended to be lieu of structural considerations. All foundations should be designed by a
qualified structural engineer.
EXPANSIVE CHARACTERISTICS: The foundation soils were found to be nonexpansive (Expansion
Index less than 20). The foundation recommendations presented in this report reflect this condition.
SHALLOW FOUNDATIONS
FOUNDATION DIMENSIONS: Continuous spread footings supporting the proposed retaining walls
should have a minimum embedment of 12 inches below the finish pad grade and a minimum width of 18
inches. Footings located adjacent to slopes should be extended to a depth such that a minimum
horizontal distance of ten feet exists between the bottom of the footing and the face of the slope.
CWE 2080500.01 July 31, 2008 Page No. 9
BEARING CAPACITY: Spread footings with the dimensions mentioned should be designed for an
allowable soil bearing pressure of 2,000 pounds per square foot (psl). This value may be increased by one -
third for combinations of temporary loads such as those due to wind or seismic loads.
FOOTING REINFORCEMENT: The project structural engineer should provide reinforcement
requirements for foundations.
CAST -IN -PLACE CONCRETE PIERS
MINIMUM PIER DIMENSIONS: Cast -in -place concrete pier foundations should have a minimum
diameter of 18 inches, extend to a minimum depth of ten feet below the existing grade, and extend at
least five feet into undisturbed formational soils. At this depth, a bearing capacity of 4,000 pounds per
square foot may be assumed for said piers. This bearing pressure may be increased by 500 pounds per
square foot for each additional foot of depth, up to a maximum bearing pressure of 8,000 pounds per
square foot. This value may be increased by one -third when considering wind and /or seismic loads. It is
recommended that no piers be located within three feet from the edge of the existing storm drain pipe.
PIER REINFORCING: The reinforcing steel for the piers should be specified by the project
structural engineer. As a minimum, we recommend that the pier reinforcing extends the full depth of
the pier excavation.
LATERAL LOADS: Piers should be designed to withstand a lateral load equal to an equivalent fluid
pressure of 15 pounds per cubic foot acting on the upper five feet of the pier.
LATERAL BEARING CAPACITY: The allowable lateral bearing resistance to lateral
loads may be assumed to be 300 pounds per square foot per foot of depth up to a maximum of 2,500
pounds per square foot; however, the upper five feet of embedment should be neglected in determining
lateral support. This value may be assumed to act on an area equal to twice the pier diameter.
EXCAVATION CHARACTERISTICS: Cemented soils may be encountered within the formational
soils. In addition, there is a small likelihood that some groundwater may be encountered.
PIER EXCAVATION CLEANING: Prior to placing the steel reinforcing cages, all loose or
disturbed soils at the bottom of the pier excavations should be removed. The cleanout of the pier
excavations should be approved by the geotechnical engineer.
CWE 2080500.01 July 31, 2008 Page No. 10
SETTLEMENT CHARACTERISTICS: The anticipated total and differential foundation settlement is
expected to be less than about 1 inch and 1 inch in 40 feet, respectively, provided the recommendations
presented in this report are followed. It should be recognized that minor cracks normally occur in concrete
slabs and foundations due to shrinkage during curing or redistribution of stresses, therefore some cracks may
be anticipated. Such cracks are not necessarily an indication of excessive vertical movements.
FOUNDATION PLAN REVIEW: The foundation plans should be subtnitted to this office for review in
order to ascertain that the recommendations of this report have been implemented, and that no additional
recommendations are needed due to changes in the anticipated construction.
FOUNDATION EXCAVATION OBSERVATION: All footing excavations, including drilled piers,
should be observed by Christian Wheeler Engineering prior to placing reinforcing steel to determine if the
foundation recommendations presented herein are followed and that the foundation soils are as anticipated in
the preparation of this report All footing excavations should be excavated neat, level, and square. .0 loose or
unsuitable material should be removed prior to the placement of concrete.
EARTH RETAINING STRUCTURES
PASSIVE PRESSURE: The passive pressure for the design of sliding resistance for the proposed retaining
wall footings may be considered to be 300 pounds per square foot per foot of depth. This pressure may be
increased one -third for seismic loading. The coefficient of friction for concrete to soil may be assumed to be
0.30 for the resistance to lateral movement. When combining frictional and passive resistance, the friction
should be reduced by one - third.
ACTIVE PRESSURE: The lateral soil pressure for the design of unrestrained earth retaining structures
with level backfill may be assumed to be equivalent to the pressure of a fluid weighing 34 pounds per cubic
foot. This pressure does not consider any other surcharge. If any are anticipated, this office should be
contacted for the necessary increase in soil pressure. These values are based on a drained, non - detrimentally
expansive (E.I. <50) backfill condition.
Seismic lateral earth pressures may be assumed to equal an inverted triangle starting at the bottom of the wall
with the maximum pressure equal to 16H pounds per square foot (where H = wall height in feet) occurring at
ground level.
CWE 2080500.01 July 31, 2008 Page No. 11
WATERPROOFING AND SUBDRAIN: Waterproofing details should be provided by the project
architect. A suggested wall subdrain detail is provided on Plate No. 2. We recommend that the Geotechnical
Consultant observe all retaining wall subdrains to verify- proper construction.
BACKFILL: All backfill sods should be compacted to at least 90 percent relative compaction. Expansive or
clayey sods should not be used for backfill material. The wall should not be backfilled until the masonry has
reached an adequate strength.
SEGMENTAL WALLS
The following values may be assumed for segmental wall design. A minimum setback of seven feet from the
face of the slope is recommended for segmental walls.
Internal Friction Angle O
.Apparent Cohesion
(pounds per square foot)
Soil Unit Weight
(pounds per cubic foot)
32
100
120
LIMITATIONS
REVIEW, OBSERVATION AND TESTING
The recommendations presented in this report are contingent upon our review of final plans and
specifications. Such plans and specifications should be made available to the geotechrucal engineer and
engineering geologist so that they may review and verify their compliance with this report and with the
California Building Code.
It is recommended that Christian Wheeler Engineering be retained to provide continuous soil engineering
services during the earthwork operations. This is to verify compliance with the design concepts,
specifications or recommendations and to allow design changes in the event that subsurface conditions differ
from those anticipated prior to start of construction.
CWE 2080500.01 July 31, 2008 Page No. 12
UNIFORMITY OF CONDITIONS
The recommendations and opinions expressed in this report reflect our best estimate of the project
requirements based on an evaluation of the subsurface soil conditions encountered at the subsurface
exploration locations and on the assumption that the soil conditions do not deviate appreciably from those
encountered. It should be recognized that the performance of the foundations and /or cut and fill slopes may
be influenced by undisclosed or unforeseen variations in the soil conditions that may occur in the
intermediate and unexplored areas. Any unusual conditions not covered in this report that may be
encountered during site development should be brought to the attention of the geotechnical engineer so that
he may make modifications if necessary.
CHANGE IN SCOPE
This office should be advised of any changes in the project scope or proposed site grading so that we may
determine if the recommendations contained herein are appropriate. This should be verified in writing or
modified by a written addendum.
TIME LIMITATIONS
The findings of this report are valid as of this date. Changes in the condition of a property can, however,
occur with the passage of rime, whether they be due to natural processes or the work of man on this or
adjacent properties. In addition, changes in the Standards -of- Practice and /or Government Codes may occur.
Due to such changes, the findings of this report may be invalidated wholly or in part by changes beyond our
control. Therefore, this report should not be relied upon after a period of two years without a review by us
verifying the suitability of die conclusions and recommendations.
PROFESSIONAL STANDARD
In the performance of our professional services, we comply with that level of care and skill ordinarily
exercised by members of our profession currently practicing under similar conditions and in the same locality.
The client recognizes that subsurface conditions may vary from those encountered at the locations where our
borings, surveys, and explorations are made, and that our data, interpretations, and recommendations be
based solely on the information obtained by us. We will be responsible for those data, interpretations, and
recommendations, but shall not be responsible for the interpretations by others of the information
developed. Our services consist of professional consultation and observation only, and no warranty of any
CWE 2080500.01 July 31, 2008 Page No. 13
kind whatsoever, express or implied, is made or intended in connection with the work performed or to be
performed by us, or by our proposal for consulting or other services, or by our furnishing of oral or written
reports or findings.
CLIENT'S RESPONSIBILITY
It is the responsibility of the client, or their representatives to ensure that the information and
recommendations contained herein are brought to the attention of the structural engineer and architect for
the project and incorporated into the project's plans and specifications. It is further their responsibility to
take the necessary measures to insure that the contractor and his subcontractors carry out such
recommendations during construction.
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Appendix A
References
CWE 2080500.01 July 31, 2008 Appendix A, Page A -I
REFERENCES
California Division of Mines and Geology, 1998, Maps of Known Active Fault Near- Source Zones in
California and Adjacent Portions of Nevada.
Tan, S.S., 1995, Landslide Hazards in the Northern Part of the San Diego Metropolitan Area, San
Diego County, California, California Division of Mines and Geology Open -File Report 95 -03.
United States Geologic Survey, Seismic Design Values for Buildings, Java Ground Motion Calculator
Version 5.0.8.
Appendix B
Recommended Grading Specifications — General Provisions
CWE 2080500.01 July 31, 2008 Appendix B, Page B -I
RECOMMENDED GRADING SPECIFICATIONS - GENERAL PROVISIONS
L�K�ICF�i7.i � � • •
Im"0.iII Ci1L�SK�I 31I
DEI. .%L1R_ CALIFORNLI
GENERAL INTENT
The intent of these specifications is to establish procedures for clearing, compacting natural ground,
preparing areas to be filled, and placing and compacting fill soils to the lines and grades shown on the
accepted plans. The recommendations contained in the preliminary geotechrtical investigation report and /or
the attached Special Provisions are a part of the Recommended Grading Specifications and shall supersede
the provisions contained hereinafter in the case of conflict. These specifications shall only be used in
conjunction with the geotechnical report for which they are a part. No deviation from these specifications
will be allowed, except where specified in the geotechnical report or in other written communication signed
by the Geotechnical Engineer.
OBSERVATION AND TESTING
Christian Wheeler Engineering shall be retained as the Geotechnical Engineer to observe and test the
earthwork in accordance with these specifications. It will be necessary that the Geotechnical Engineer or his
representative provide adequate observation so that he may provide his opinion as to whether or not the
work was accomplished as specified. It shall be the responsibility of the contractor to assist the Geotechnical
Engineer and to keep him apprised of work schedules, changes and new information and data so that he may
provide these opinions. In the event that any unusual conditions not covered by the special provisions or
preliminary geotechnical report are encountered during the grading operations, the Geotechnical Engineer
shall be contacted for further recommendations.
If, in the opinion of the Geotechnical Engineer, substandard conditions are encountered, such as
questionable or unsuitable soil, unacceptable moisture content, inadequate compaction, adverse weather, etc.,
construction should be stopped until the conditions are remedied or corrected or he shall recommend
rejection of this work.
Tests used to determine the degree of compaction should be performed in accordance with the following
American Society for Testing and Materials test methods:
CW'E 2080500.01 July 31, 2008 :appendix B, Page B -2
Maximum Density & Optimum Moisture Content - ASTM D -1557
Density of Soil In -Place - ASTM D -1556 or ASTM D -6938
All densities shall be expressed in terms of Relative Compaction as determined by the foregoing ASTM
testing procedures.
PREPARATION OF AREAS TO RECEIVE FILL
All vegetation, brush and debris derived from clearing operations shall be removed, and legally disposed of.
All areas disturbed by site grading should be left in a neat and finished appearance, free from unsightly debris.
After clearing or benching the natural ground, the areas to be filled shall be scarified to a depth of 6 inches,
brought to the proper moisture content, compacted and tested for the specified minimum degree of
compaction. All loose soils in excess of 6 inches thick should be removed to firm natural ground which is
defined as natural soil which possesses an in -situ density of at least 90 percent of its maximum dry density.
When the slope of the natural ground receiving till exceeds 20 percent (5 horizontal units to 1 vertical unit),
the original ground shall be stepped or benched. Benches shall be cut to a firm competent formational soiL
The lower bench shall be at least 10 feet wide or 1 -1/2 times the equipment width, whichever is greater, and
shall be sloped back into the hillside at a gradient of not less than two (2) percent. All other benches should
be at least 6 feet wide. The horizontal portion of each bench shall be compacted prior to receiving fill as
specified herein for compacted natural ground. Ground slopes flatter than 20 percent shall be benched when
considered necessary by the Geotechnical Engineer.
Any abandoned buried structures encountered during grading operations must be totally removed. All
underground utilities to be abandoned beneath any proposed structure should be removed from within 10
feet of the structure and properly capped off. The resulting depressions from the above described procedure
should be backfilled with acceptable soil that is compacted to the requirements of the Geotechnical Engineer.
This includes, but is not limited to, septic tanks, fuel tanks, sewer lines or leach lines, storm drains and water
lines. Any buried structures or utilities not to be abandoned should be brought to the attention of the
Geotechnical Engineer so that he may determine if any special recommendation will be necessary.
All water wells which will be abandoned should be backfilled and capped in accordance to the requirements
set forth by the Geotechnical Engineer. The top of the cap should be at least 4 feet below finish grade or 3
feet below the bottom of footing whichever is greater. The type of cap will depend on the diameter of the
well and should be determined bY the Geotechn cal Engineer and /or a qualified Structural Engineer.
CXC'E 2080500.01 July 31, 2008 Appendix B, Page B -3
FILL MATERIAL
Materials to be placed in the fill shall be approved by the Geotechnical Engineer and shall be free of
vegetable matter and other deleterious substances. Granular soil shall contain sufficient fine material to fill
the voids. The definition and disposition of oversized rocks and expansive or detrimental soils are covered
in the geotechnical report or Special Provisions. Expansive soils, sods of poor gradation, or soils with low
strength characteristics may be thoroughly mixed with other soils to provide satisfactory fill material, but only
with the explicit consent of the Geotechnical Engineer. Any import material shall be approved by the
Geotechnical Engineer before being brought to the site.
PLACING AND COMPACTION OF FILL
Approved fill material shall be placed in areas prepared to receive fill in layers not to exceed 6 inches in
compacted thickness. Each layer shall have a uniform moisture content in the range that will allow the
compaction effort to be efficiently applied to achieve the specified degree of compaction. Each laver shall be
uniformly compacted to the specified minimum degree of compaction with equipment of adequate size to
economically compact the layer. Compaction equipment should either be specifically designed for soil
compaction or of proven reliability. The minimum degree of compaction to be achieved is specified in either
the Special Provisions or the recommendations contained in the preliminary geotechnical investigation
report.
When the structural fill material includes rocks, no rocks will be allowed to nest and all voids must be
carefully filled with soil such that the minimum degree of compaction recommended in the Special
Provisions is achieved. The maximum size and spacing of rock permitted in structural fills and in non-
structural fills is discussed in the geotechnical report, when applicable.
Field observation and compaction tests to estimate the degree of compaction of the fill will be taken by the
Geotechnical Engineer or his representative. The location and frequency of the tests shall be at the
Geotechnical Engineer's discretion. When the compaction test indicates that a particular layer is at less than
the required degree of compaction, the layer shall be reworked to the satisfaction of the Geotechnical
Engineer and until the desired relative compaction has been obtained.
Fill slopes shall be compacted by means of sheepsfoot rollers or other suitable equipment. Compaction by
sheepsfoot roller shall be at vertical intervals of not greater than four feet. In addition, fill slopes at a ratio of
two horizontal to one vertical or flatter, should be trackrolled. Steeper fill slopes shall be over -built and cut-
CWE 2080500.01 July 31, 2008 Appendix B, Page B -4
back to finish contours after the slope has been constructed. Slope compaction operations shall result in all
fill material sir or more inches inward from the finished face of the slope having a relative compaction of at
least 90 percent of maximum dry density or the degree of compaction specified in the Special Provisions
section of this specification. The compaction operation on the slopes shall be continued until the
Geotechnical Engineer is of the opinion that the slopes will be surficially stable.
Density tests in the slopes will be made by the Geotechnical Engineer during construction of the slopes to
determine if the required compaction is being achieved. Where failing tests occur or other field problems
arise, the Contractor will be notified that day of such conditions by written communication from the
Geotechnical Engineer or his representative in the form of a daily field report.
If the method of achieving the required slope compaction selected by the Contractor fails to produce the
necessary results, the Contractor shall rework or rebuild such slopes until the required degree of compaction
is obtained, at no cost to the Owner or Geotechnical Engineer.
CUT SLOPES
The Engineering Geologist shall inspect cut slopes excavated in rock or fithified formational material during
the grading operations at intervals determined at his discretion. If any conditions not anticipated in the
preliminary report such as perched water, seepage, lenticular or confined strata of a potentially adverse
nature, unfavorably inclined bedding, joints or fault planes are encountered during grading, these conditions
shall be analyzed by the Engineering Geologist and Geotechnical Engineer to determine if mitigating
measures are necessary.
Unless otherwise specified in the geotechnical report, no cut slopes shall be excavated higher or steeper than
that allowed by the ordinances of the controlling governmental agency.
ENGINEERING OBSERVATION
Field observation by the Geotechnical Engineer or his representative shall be made during the filling and
compaction operations so that he can express his opinion regarding the conformance of the grading with
acceptable standards of practice. Neither the presence of the Geotechnical Engineer or his representative or
the observation and testing shall release the Grading Contractor from his duty to compact all fill material to
the specified degree of compaction.
CWT 2080500.01 July 31, 2008 Appendix B, Page B -5
SEASON LIMITS
Fill shall not be placed during unfavorable weather conditions. When work is interrupted by heat- rain,
Filling operations shall not be resumed until the proper moisture content and density of the fill materials can
be achieved. Damaged site conditions resulting from weather or acts of God shall be repaired before
acceptance of work.
RECOMMENDED GRADING SPECIFICATIONS - SPECIAL PROVISIONS
RELATIVE COMPACTION: The minimum degree of compaction to be obtained in compacted natural
ground, compacted fill, and compacted backfill shall be at least 90 percent. For street and parking lot
subgrade, the upper six inches should be compacted to at least 95 percent relative compaction.
EXPANSIVE SOILS: Detrimentally expansive soil is defined as clayey soil which has an expansion index of
50 or greater when tested in accordance with ASTNI D 4829.
OVERSIZED MATERIAL- fill material is generally defined herein as rocks or lumps of soil
over 6 inches in diameter. Oversized materials should not be placed in fill unless recommendations of
placement of such material is provided by the Geotechnical Engineer. At least 40 percent of the fill soils
shall pass through a No. 4 U.S. Standard Sieve.
TRANSITION LOTS: Where transitions between cut and fill occur within the proposed building pad, the
cut portion should be undercut a minimum of one foot below the base of the proposed footings and
recompacted as structural backfill. In certain cases that would be addressed in the geotechnical report,
special footing reinforcement or a combination of special footing reinforcement and undercutting may be
required.
Appendix C
Gross Stabilities
U717
380
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300
A -A' Velez Residence Wall 2080500
w:12MJobe12080500 - velez residencelpross stabild& -a' velez slope.pl2 Run By: Nissa Morton 7129P100B 08:15AM
0 20 40 80 80 100 120 140
GSTABL7 v.2 FSmin =2.20
Safety Factors Are Calculated By The Simplified Janbu Method for the case of c & phi both > 0
GSTABL 7
400
ELI'
n:21
K�rlj
F771
300
A -A' Velez Residence Wall 2080500
w:12008joba12080500 - velez residence\gross stability`s -a' velaz wall.pl2 Run By: Nissa Norton 7/2911008 08:17AM
0 20 40 60 80 100 120 140
GSTABL7 v.2 FSmin =3.10
Safety Factors Are Calculated By The Simplified Janbu Method for the case of c & phi both > 0
GSTABL7�
Uncinkas Stormwater Nfanuall
il
•-APR 2 9 2010 L J Application No.:
i mow-
I C" EACTI TAS J SW
•. STORMWATER QUALITY CHECK IFICATION
All development projects proposed within the City of Encinitas are required to implement
stormwater quality measures in accordance with the Encinitas Stormwater Manual. The intent of
these requirements is to promote practices and project designs that improve the quality of runoff
and protect our local oceans, creeks, and lagoons from the harmful effects of polluted runoff. The
Encinitas Stormwater Manual meets State - mandated requirements established by Regional Water
Quality Control Board Order No. R9- 2007 -0001 (San Diego Region Municipal Stormwater Permit).
For a more detailed description of the City's stormwater requirements, refer to the Encinitas
Stormwater Manual on the City website (www.CityofEncinitas.org). The manual provides detailed,
step -by -step guidelines on how to plan for, design, construct, and maintain stormwater treatment
features. Other City stormwater - related resources available on the City's website include:
1. Municipal Code Chapter 20.08: Stormwater Management
2. Municipal Code Chapter 23.24: Grading, Erosion, and Sediment Control
This checklist is designed to guide applicants in the determination of the stormwater quality
designation of the project and the design of appropriate stormwater quality features. Projects may
be designated as 1) Priority, 2) Standard, or 3) Exempt projects. At a minimum, all projects are
required to provide designs and employ practices that minimize the potential for discharge of
pollutants into the City's storm drainage system or local receiving waters, as outlined in the
Requirements for All Development Projects below.
Requirements for ALL Development Projects
All development projects (including Exempt Projects) must include a minimum set of control
measures to reduce the discharge of stormwater pollutants to the maximum extent practicable. All
projects must include:
M Implementation of Best Management Practices (BMPs) to control potential pollutant sources.
10 Inclusion of Low Impact Development (LID) features that minimize the water quality impacts
of the project.
10 Compliance with requirements for construction -phase controls on sediment and other
pollutants.
In addition, all projects must design and install drainage features so that runoff from impervious
areas (such as rooftops, parking lots, and driveways) drains through pervious or vegetated areas
for treatment before draining to public or private streets or storm drainage systems. No Directly
Connected Impervious Area (DCIA) will be allowed on any development project (Encinitas
Municipal Code Section 23.24.120). For more information about prohibited DCIA practices and the
stormwater runoff requirements for all projects, refer to the Encinitas Stormwater Manual.
Beyond the minimum Requirements for All Development Projects listed above, the stormwater
quality measures required for a particular project differ based upon the nature of the proposed
development. Step 1 (Tables I and II below) is designed to assist you in determining the
appropriate stormwater quality designation for your project. An overview of the method for
determining the designation is included in the flowchart on the next page.
Appendix B Page 1
Encinitas Stormwater Manual
Application No
FLOWCHART: DETERMINATION OF THE APPROPRIATE STORMWATER QUALITY
DESIGNATION FOR DEVELOPMENT PROJECTS
I Does the proposed project occur on previously developed land?
YES
v
The proposed project is a No
Redevelopment Project. Please follow
dashed arrows in flowchart below.
The proposed project is a New
Development Project. Please follow
Does the proposed project create, solid arrows in flowchart below.
No add, and /or replace 5,000 sf or
more of impervious surface?
YES
< Does the proposed project meet any of the definitions listed in Table I?
IZZ
YES I Does the proposed project generate pollutants above background
levels and disturb one acre or more of land or does the project
otherwise have the potential threat to pollute water quality?
YES
Does proposed project result in an increase
< No or replacement of 50% or more of the existing No
impervious surfaces within the development?
YES
v
The project is a Priority Project and the
50% rule applies. See the Encinitas
Stormwater Manual.
The project is a Priority Project and the
50% rule does not apply. See the
Encinitas Stormwater Manual.
YES
The proposed project is a
Priority Project. See
Encinitas Stormwater Manual
Does the project include any features listed in Table II?
YES YES
No The project is a Standard Project. See No
the Encinitas Stormwater Manual.
as a agns pl
Scao91.
Qty E
Me Gry d Erorvlas $bmwFW
CneCJSf eN Cerlifire0m Fp
The project is an Exempt Project. See�^���^�
> "Requirements for All Projects" in the
to; dttM p V l Voi re , r&& to
is ae.aiwmani wgac+s. �ara�mme
Encinitas Stormwater Manual.
Emaras slay waw Manua'.
Encinitas Stormwater Manual
Application No.:
STEP 1: DETERMINE STORMWATER QUALITY DESIGNATION
Slept is designed to assist you in determining the appropriate stormwater quality designation for
your project.
Step 1A: Determine Development Type and Priority Project Category Applicability
The first step in assessing the appropriate stormwater designation for your project is to determine
whether it is a New Development Project or a Significant Redevelopment Project according to the
definitions below.
New Development Projects are defined as projects proposing new impervious area on a
previously undeveloped parcel.
Significant Redevelopment Projects are projects on previously developed land that create,
add, and /or replace 5,000 square feet (s.f.) or more of impervious surface. Replacement of
impervious surfaces includes any activity that is not part of a routine maintenance activity
where impervious material(s) are removed, exposing underlying soil during construction.
Redevelopment does not include interior remodels, roof or exterior surface replacement;
trenching and resurfacing associated with utility work; resurfacing and reconfiguring surface
parking lots and existing roadways; new sidewalk construction, pedestrian ramps, or bike lane
on existing roads; and routine replacement of damaged pavement, such as pothole repair.
However, other requirements, including incorporation of appropriate source controls, still apply.
If your redevelopment project is exempt, the project is still obligated to meet the Requirements
for All Development Projects, to the extent practicable. The City of Encinitas will make the final
determination as to whether a proposed project is exempt from the requirements detailed in the
Encinitas Stormwater Manual.
If your project meets one of the two definitions of development listed above, use Table I to
determine if your project is a Priority Development Project.
Table 1: Determine H Project is a Priority Development Project
Review each category A through J to determine whether the project meets the definition of one or more of
the Priority Project categories. If any response in Table I is "Yes ", the project is a Priority Development
Project; please continue to Step 3. If all responses are "No ", please continue to Step 2B.
Does the project meet the definition of one or more of the following categories?
A
Housing subdivisions of 10 or more dwelling units. Examples: single - family homes,
Yes
No
multi-family homes, condominiums, and apartments.
L3
C�
Commercial— greater than one acre of development. Any development other than
heavy industry or residential. Examples: hospitals; laboratories and other medical
B
facilities; educational institutions; recreational facilities; municipal facilities; commercial
Yes
No
nurseries; multi - apartment buildings; car wash facilities; minkmalls and other business
Ll
401'
complexes; shopping malls; hotels; office buildings; public warehouses; automotive
dealerships; airfields; and other light industrial facilities.
Heavy industry— greater than one acre of development. Examples: manufacturing
Yes
No
C
plants, food processing plants, metal working facilities, printing plants, and fleet storage
areas bus, truck etc.).
Restaurants. Any facility that sells prepared foods and drinks for consumption, including
stationary lunch counters and refreshment stands selling prepared foods and drinks for
D
immediate consumption (SIC code 5812), where the land area for development is greater
Yes
No
than 5,000 square feet. Restaurants where land development is less than 5,000 square
feet shall meet all SUSMP requirements except for structural treatment BMP and numeric
sizino criteria reaoui rements and h dromodification requirements.
L
Encinitas Stormwater Manual
Application No.:
Table I (cont.): Does the project meet the definition of one or more of the following categories?
Hillside development greater than 5,000 square feet Any development that creates
E
5,000 square feet of impervious surface and is located in an area with known erosive soil
YO
No
conditions, where the development will grade on any natural slope that is twenty -five
rcent or oreater.
Environmentally Sensitive Areas (ESAs). All development located within or directly
adjacent to or discharging directly to an ESA (where discharges from the development or
redevelopment will enter receiving waters within the ESA), which either creates 2,500
square feet of impervious surface on a proposed project site or increases the area of
Yes
No
F
imperviousness of a proposed project site to 10% or more of its naturally occurring
condition. "Directly adjacent" means situated within 200 feet of the ESA. "Discharging
directly to" means outflow from a drainage conveyance system that is composed entirely
of flows from the subject development or redevelopment site, and not commingled with
flows from adjacent lands.
G
Parking lots 5,000 square feet or more or with 15 or more parking spaces and potentially
Yes
No
exposed to urban runoff.
O
Streets, roads, driveways, highways, and freeways. Any paved surface that is 5,000
Yes
No
H
square feet or greater used for the transportation of automobiles, trucks, motorcycles, and
O
1?'
other vehicles.
(
Retail Gasoline Outlets (RGOs) that are: (a) 5,000 square feet or more of development
Yes
No
or b a proiected Average Daily Traffic [ADT) of 100 or more vehicles per day.
O
Automotive repair shops. A facility categorized in any one of Standard Industrial
Yes
No
Classification SIC codes 5013, 5014, 5541, 7532 -7534, or 7536-7539.
U
If the answer to one or more of the categories in Table I is "Yes ", the project is a considered
Priority Development Project for stormwater quality. The project will be required to install
Source Control measures, Low - Impact Design (LID) features, and Stormwater Treatment Facilities
that meet specific criteria. Proceed to Step 2 and use the Encinitas Stormwater Manual for
guidance on meeting these requirements. If all answers in Table I are "No ", proceed to Step 1 B.
Step 7 B: Determine Project's Water Quality Sensitivity
Development projects have the potential to contribute pollutants that could threaten local and
downstream water quality. Review the following project categories and determine whether your
project meets either one of these definitions.
Pollutant Generating Project Which Disturbs One Acre or More of Land. Projects that
generate pollutants at levels greater than background levels and disturb one acre or more of
land are considered Priority Development Projects. In most cases linear pathway projects that
are for infrequent vehicle use (such as emergency or maintenance access) or for pedestrian or
bicycle use are not considered pollutant generating above background levels if they are built
with pervious surfaces or if they allow runoff to sheet flow to surrounding pervious surfaces.
All Development Projects with Potential Threat to Pollute. Some projects not meeting the
definitions listed in Table I may still be designated as Priority Projects if they are found to cause
a threat to water quality through excess pollution potential. The City of Encinitas has the
discretion to designate a project not listed within Table I as being a Priority Project based on
the project's potential impacts to stormwater quality.
If your project meets either of the categories described above, the project is a Priority
Development Project for stormwater quality and the project will be required to install Source
Control measures, LID features, and Stormwater Treatment Facilities. The City Engineer will make
the final determination as to whether your project meets one of the definitions. Proceed to Step 2
and use the Encinitas Stormwater Manual for guidance on meeting these requirements.
* if your project does not meet one of the two categories listed above, proceed to Step 1C to
determine whether your project includes any features that are consistent with the Standard Project
10
Encinitas Stormwater Manual
Application No.:
classification. l
Ste 2 Determine Standard Proiect Feature Applicability
e•
If the answer to one or more of the features in Table II is "Yes ", the project is a Standard Project
for stormwater quality. The project will be required to install Source Control measures, Low - Impact
Design Features, and some Stormwater Treatment Facilities. Proceed to Step 2 and use Chapter 4
of the Encinitas Stormwater Manual as a general guide when designing stormwater treatment
facilities that will meet Standard Development Project requirements.
The City of Encinitas will make the final determination as to whether a proposed project is exempt
from the requirements detailed in the Encinitas Stormwater Manual. If the answers to all
categories in Tables I and II are "No ", and the project has been determined by the City of Encinitas
not to be a pollutant generating project or have the potential to pollute, the project is an Exempt
Project for stormwater quality but is still required to meet the Requirements for All Development
Projects. Please proceed to Step 2.
Appendix B Page 5
Table 11: Determine if Project is a Standard Project
To use Table II, review A through J to determine whether the proposed project includes any feature
that would quality the project as a Standard Project. If the response to any feature in A through J below
is "Yes ", the project is designated as a Standard Project. If all responses are "No ", the project is an
Exempt Project. After completion of Table II, please proceed to Step 2.
Does the project include any features qualifying it as a Standard Project?
New Impervious Surface Areas totaling 500 square feet or more combined, and
A including any cumulative development over the five -year period preceding the time of Yes No
application. Impervious areas include improvements such as rooftops, roads, ❑
parking lots, driveways, atios, decks, paths, etc.
Reconstruction of any Existing Impervious Surface Areas such as rooftops,
B roads, parking lots, driveways, paths, and sidewalks in excess of 500 square feet, Yes No
including any cumulative development over the five -year period preceding the time of ❑
application.
C Permanent Structures within 100 feet of any natural water body. Yes No
Yes No
D Trash Storage Areas. ❑
Yes No
E Loading and! or Unloading Areas for liquids and/or solid materials. ❑
Yes No
F Vehicle or Equipment Fueling, Washing, and/or Maintenance Areas. ❑
G General NPDES Permit Required for storm water discharges associated with Ye❑s No
d
industrial activities (except for construction permits)
Fi Commercial and/or Industrial Waste handling or storage, excluding typical office Yes No
or household waste. ❑
Yes No
I Grading or ground disturbance proposed during construction. ❑
ri
Storm Drains including new storm drains as well as alteration to existing storm
Yes
No
drains that reduce natural storm water treatment. 'i' t�2o.,,.a `�
❑
❑
Encinitas Stormwater Manual
STEP 2: DETERMINE PROJECT SUBMITTAL REQUIREMENTS Application No.:
Requirements for Exempt, Standard, and Priority Projects are discussed in turn below.
Engineering Services Department staff are available to answer any specific questions regarding
the stormwater quality requirements.
Please check the box adjacent to the project type determined in Step 1.
❑ Exempt Project: See Step 2A below.
d Standard Project: See Step 2B below.
❑ Priority Project: See Step 2C below.
Step 2A: Determining Stormwater Quality Measures for an Exempt Project
Exempt projects are not required to install new Stormwater Treatment Facilities but shall utilize
existing on -site landscape and pervious areas to avoid Directly Connected Impervious Areas
(DCIA) as outlined in the Requirements for All Development Projects section above and in the
Encinitas Stormwater Manual. In addition, Exempt Projects, like all other projects, are required to
comply with requirements for construction -phase controls on sediment and other pollutants.
Please proceed to Step 3
Step 2B: Determining Stormwater Quality Measures for a Standard Project
Standard Projects are obligated to conform to the Requirements for All Development Projects
outlined in the previous section as well to as integrate some BMP or LID features into the project
proposal. BMP and LID features should be designed using Chapter 4 of the Encinitas Stormwater
Manual as a general guide and then depicted on the plans for the permit. In addition, based on the
types of BMPs or LIDs proposed, the City may require that a maintenance agreement be
developed. Please proceed to Step 3.
Step 2C: Determine Stormwater Quality Measures for a Priority Project
Priority Projects will be required to install Source Control measures, Low - Impact Design (LID)
features, and Stormwater Treatment Facilities that meet specific criteria. Please refer to the
Encinitas Stormwater Manua/ which includes detailed guidance for the [planning and design of
acceptable storm water quality features and for developing your project submittal package
The 50% Rule for Significant Redevelopment Projects Only: The requirements for Priority
Redevelopment Projects differ depending upon the amount of redevelopment proposed. If the
proposed project results in an increase and /or replacement of 50% or more of the previously
existing impervious surfaces onsite, then the entire development must be included in the
stormwater treatment design. If less than 50% of the previously existing impervious surfaces will
be affected by the proposed project, then only the affected previously existing areas and the newly
proposed project must be included in the stormwater treatment design.
After completing the steps outlined in the Encinitas Stormwater Manual, Priority Projects shall
provide required documentation to the City detailing the project's compliance with Priority Project
standards. All documentation shall be reviewed and approved by the City of Encinitas prior to
issuance of a grading or improvement permit or prior to the issuance of any discretionary permit, at
the direction of the City Engineer. At a minimum, the items below are required for stormwater
facility documentation of Priority Projects. The City Engineer may pose additional requirements for
certain projects. Upon review of the submittal requirements in Step 2C, please proceed to Step 3.
L
Encinitas Stormwater Afanual
Application No.:
PRIORITY PROJECT SUBMITTAL MINIMUM REQUIREMENTS
Priority Projects shall provide to the City all of the following documentation detailing the project's compliance.
1) STORMWATER QUALITY SECTION OF DRAINAGE STUDY: A Stormwater Quality discussion shall be included as
a separate section within the project drainage study and shall include a narrative as well as an exhibit. Minimum
requirements for the narrative and exhibit are discussed in items (a) and (b) below.
a) STORMWATER QUALITY NARRATIVE: The stornwater quality narrative in the drainage study shall discuss,
at a minimum, the items listed below.
1) Tabulation of the square footage of proposed pervious areas, impervious areas, and areas draining to an
IMP. Also, a tabulation of the square footage of self- treating areas, sett retaining areas. and areas draining to
self- retaining areas, as applicable. (Step 3)
2) Calculations of the required sizing for sett - retaining and Integrated Management Practice (IMP) areas and
calculations documenting the sufficiency of the facilities provided. (Step 3)
3) A table of pollutant sources identified, and the source control measure(s) used to reduce pollutants to the
maximum extent practicable. See worksheet in Appendix A of the Encinitas Stormwater Manual. (Step 4)
b) STORMWATER QUALITY EXHIBIT: The Stormwater Quality Section of the drainage study shall contain one
exhibit including all of the items listed below. The Stormwater Quality Exhibit must be in conformance with the
Site Plan. The Stormwater Quality Exhibit shall include the Site Plan features screened into the background for
ease of confirming agreement between the Exhibit and the Site Plan.
1) Division of entire site into distinct drainage management areas (DMAs), with each drainage management
area assigned a unique identifier (e.g., 1, 2.3 or A. B. C). (Step 1)
2) Square footage and types of surfacing (e.g., roof, landscape, pavement) included in each DMA and the
total DMA square footage. (Step 1)
3) Hydrologic soil group and depth to groundwater (as applicable) for each DMA. (Step 1)
4) Each DMA labeled as self- treating, self- retaining, draining to a self- retaining area, or draining to an IMP.
(Step 2)
5) Potential pollutant source areas, including refuse areas, outdoor work and storage areas, etc, listed in
Appendix A and corresponding required source controls. (Step 4)
11) SITE PLAN: At a minimum, the Site Plan shall include the items listed below. A copy of the Site Plan shall be
included in the Stormwater Quality Section of the drainage study.
1) Existing and proposed drainage network and connections to drainage off -site. (Step 3)
2) Depiction of site design characteristics that minimize disturbance as well as building features and pavement
selections that minimize the proposed imperviousness of the site. (Step 3)
3) Proposed design of each IMP feature and any Permanent Source Control features. (Step 3)
4) Title sheet standard notes for each of pollutant sources identified specifying the source control measure(s) to be
used to red to the maximum extent practicable. See worksheet in Appendix. (Step 4)
5) Existin uralilWr-, K ures such as depressions, watercourses, floodplains, relatively undisturbed areas
as we a l. t- ounces. (Step 1)
6) The ity .Encinitas Stan i d orm Water Quality Notes shall be added to the site plan.
7) Cert Ica on Ly*K"ngine r. chitect, or landscape architect on the title sheet. (Step 6)
111) MAINTEN A R IRT -I order to provide for the perpetual maintenance of the stormwater treatment
facilities, t C the property owner a Maintenance Agreement that shall record against the
property. Th rqF hall be provided to the City for inclusion in the Maintenance Agreement.
1) Discussion of g aintenance needs for infiltration, treatment, and flow- control facilities. (Step 5)
2) The means by which facility maintenance will be financed and maintained into perpetuity. (Step 5)
3) Statement accepting responsibility for interim operation and maintenance of facilities. (Step 5)
4) Plat and legal description of the property.
.Appendix B Page 7
Encinitas Stormwatcr Manual
Application
STEP 3: STORMWATER PROJECT CERTIFICATION
The property owner of any project (Priority, Standard, or Exempt) shall complete the following
Owner's Certification. In addition, any agent completing this form on behalf of a client shall
complete the Agent's Certification below.
Owner's Certification:
I hereby acknowledge that my project is subject to the stormwater quality regulations of
the City of Encinitas and certify that my project will provide satisfactory stormwater
quality measures both during the construction process and afterwards.
If my project is designated as a Priority or a Standard Project, I further acknowledge my
understanding that the permanent stormwater treatment features must remain in place,
be inspected at least once annually, and be maintained in good working order.
Removal or modification of these features without prior City authorization is prohibited.
I certify that I have reviewed the information contained in this form and verified that it is
both complete and correct.
Owner 1 Signature Date Owner 2 Signature Date
Printed Name of Owner 1
Agent's Certification:
Printed Name of Owner 2
I hereby certify that this project will be designed in conformance with the stormwater
quality regulations of the City of Encinitas.
I certify that I have reviewed the information contained in this form and verified that it is
both complete and correct.
ppFESSIo�.4
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A166
November 23, 2010 (Revised January 10, 2011)
Tom and Angela Velez
1361 Ahlrich Avenue
Encinitas, CA 92024
Re: Permit issuance requirements for:
Application 10526 -G
1361 Ahlrich Avenue
259- 600 -08
This letter summarizes the requirements for pulling your Engineering Permit for drawing 10526 -G. Your
approved plan will remain valid for one year. 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.
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
in one complete package at the time the applicant comes in to pull the permit. Partial submittals of any
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 10526 -G
Provide 2 copies of soils report "Report of Preliminary Geotechnical Investigation, Proposed Velez
Residence Improvements, 1361 Ahlrich Avenue, Encinitas, California: prepared by Christian
Wheeler Engineering dated June 31, 2008 and "Additional Retaining Wall Design
Recommendations. Proposed Velez Residence Improvements 1361 Ahlrich Avenue. Encinitas,
California" letter prepared by Christian Wheeler Engineering dated January 18, 2010.
(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 Engineer's Cost Estimate for
bonding purposes dated December 17, 2010 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 10526 -G: in the amount $58,411.00 to guarantee both
performance and labor/ materials for earthwork, drainage, private improvements, and erosion
control.
(b) Security Deposit for Improvement Permit ; N/A
FA
(c) Security Deposit for Undergrounding of Overhead Utilities: N /A.
(d) Security Deposit for Deferred Monumentation: N /A.
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 formal of securities,
please contact Debra Geisharl at 760 -633 -2779.
(3) Pay non - refundable fees as listed below:
Fee Type
Grading Inspection
Improvement Inspection
NPDES Inspection (Grading)
NPDES Inspection (improvement)
Flood Control
Permanent Encroachment Permit
Amount
$2,920.00
n/a
$584.00
n/a_
n/a
n/a
NPDES Plancheck Fees Due n/a _
GIS Mapping Fee (Maps / PM's only)
The grading and improvement inspection fees are calculated based on 5% of first $100,000.00 of
the approved Engineer's cost estimate of $50,411.00 dated December 17, 2010; 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 m 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
i Work to be Done
A
General Engineering
any & all
C -8
Concrete
a ron /curbl utter /ram /sidewalk
C -10
Electrical
lighting/signals
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
signagelstripinglsafety
C -34
Pipeline
sanitary seweristorm drain
(5) Permits are valid for no more than one year from the date of issuance and may expire earlier due
to expirations of letler of credit and /or insurance policies.
(6) This project does not propose land disturbance in excess of one acre and does not require from
the State, a Storm Water Pollution Prevention Plan (SWPPP). 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 $300 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 48 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
automatically by the City after submission of satisfactory as built drawings to the City and approval by the
project Engineering inspector. Applicant requests cannot be addressed without release approval from the
project 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 prior 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 1760) 633 -2780 or visit the Engineering
Counter at the Civic Center to speak with an Engineering Technician.
Sinc)e"�relly�y,,�
Ruben Macabitas
Assistant Civil Engineer
cc Syndicated Engineering, Stu Kuhn, P.E.
Debbie Geishart, Engineering Technician
Masih Maher, Senior Civil Engineer
permit/file
Eric Application
Requirements for Proof of Insurance
Security Obligation Agreements (various)
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From: 9496733531 Page. 1/23 Date. 4116/2010 11:46.46 AM
AGENT'S COPY
Pdy AMR #,�.
i
First American Title Coi
26440 La Alameda, Suite 250
Mission Viejo, CA 92691 -6304
October 04, 2007
Deborah 3ohnson
Mariners Escrow
1100 Newport Center Drive, Suite 200
Newport Beach, CA 92660 -6254
Phone: (949)721-6486
Fax: (949)729-0190
Customer Reference:
Order Number
Tltle Officer:
Phone:
Fax No.:
E -Mail:
Buyer:
Owner:
Property:
32847 -D3
0-MV- 2911166 (26)
Terri Haun
(949)582 -0060
(714)913 -6388
thaun @firstam.00m
Velez
Ayanbadejo
1361 Ahlrich Avenue
Encinitas, CA 92024
R g C E WE
A 9 D
2010
lnd .'iS S, !'LES
F:
We enclose the following:
Commitment For Title Insurance
Thank you for your confidence and support. We at First American Title Company maintain the
fundamental principle:
Customer First.
FIrst American Tide
From 9496733531 Page. 2123 Date: 4/16/2010 11:46:47 AM
Fa No 1068 -2 0xn17WMWt NO e-MV- 2911166
ALTA OM"btrnent Page NuMer: 1
FIRST AMERICAN TITLE INSURANCE COMPANY
INFORMATION
The Title Insurance Comm tment is a legal contract between you and the company. It is Issued to show
the basis on which we will Issue a Title Insurance Policy to you. The Policy will Insure you against certain
risks to the land title, subject to the limitations shown In the policy.
The Company will give you a sample of the Policy form, If you ask.
The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or
the transaction may affect the Commitment and the Policy.
The Commitment is subject to Its Requirements, Exceptions and Conditions.
This Information is not part of the title Insurance commitment.
TABLE OF CONiBf1{
Agreement to Issue Policy
Schedule A
Page
3
1. Commitment Date q
2. Policies to be Issued, Amounts and Proposed Insured 4
3. Interest In the Land and Owner ( 4
4. Description of the Land 4
Schedule 0 -1 - Requirements
Schedule 8 -2 - Exceptions
I
Conditions
I
YOU SHOULD READ THE COMMITMENT VERY CAREFULLY.
If you have any questions about the Commitment,
please contact the issuing office.
First Amencan Title
From 9496733531 Page. 3/23 Date: 4116/2010 11 .46:47 AM
Form Na. 106&2 Commionen[ NC.: 0 -14V- 2911166
ALTA Commitment Page Number: 2
COMMITMENT FOR TTri-E INSURANCE
Issued by
FirstAmencan Title Company
Agreement to Issue Policy
We agree to issue a policy to you according to the terms of this Commitment.
When we show the policy amount and your name as the proposed insured In Schedule A, this
Commitment becomes effective as of the Commitment Date shown in Schedule A.
If the Requirements shown in this Commitment have not been met within six months after the
Commitment Date, our obligation under this Commitment will end. Also, our obligation under this
Commitment will end when the Policy Is Issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment Is limited by the following
The Provisions In Schedule A.
The Requirements in Schedule B-1.
The Exceptions in Schedule B -2.
The Condlbons.
This Commitment Is not valid without Schedule A and Sections I and 2 of Schedule B.
Rrst Amencan Title
From 9496733531 Page: 4123 Date: 4/16/2010 11:46:48 AM
Form No. 1066 -2
ALTA Commlbeent
SCHEDULE A
1. Commitment Date: September 28, 2007 at 7:30 A.M .
2. Policy or Polities to be Issued:
(A) ALTA Standard Policy
Proposed Insured:
Carmelo Velez and Angela Velez
(B) ALTA Loan Policy
Proposed Insured:
TO BE DETERMINED
3. (A) The estate or interest In the land described in this Commitment is:
A fee as to Parcel(s) 1, an easement as to Parcels) 2 and 3.
(B) Tltle to said estate or Interest at the date hereof is vested in:
OBAFEMI DEVIN AYANBADE)O, A SINGLE MAN
4. The land referred to In this Commitment Is described as follows:
Rrsf Anxlii an rifle
COm OWt NO.: 0-MV- 2911166
Page Number. 3
Amount
$1,725,000.00
$TO BE DETERMINED
From 9496733531 Page 5/23 Date 4/16/2010 11 46 48 AM
Form No. 1068.2
Commitment No.: 0- MV- 2911166
ALTp Commitment Page Number: 4
Real property In the City of Encinitas, County of San Diego, State of Cailfomla, described as
follows:
PARCEL 1:
LOT 8 OF ENCINITAS TRACT N0, 99- 135 -UNIT 2, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14449, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 18, 2002.
PARCEL 2:
A NON- EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, USE AND ENJOYMENT OVER THAT
PORTION OF THE ADJACENT LOTS WHICH ARE DEFINED AND DESIGNATED IN THE
DECLARATION AS A SHARED DRIVEWAY EASEMENT AREA. THE SHARED DRIVEWAY EASEMENT
AREA SHALL BE USED FOR THE PURPOSES AND SUBJECT TO THE CONDITIONS SET FORTH IN
THE DECLARATION.
PARCEL 3:
A 60 FOOT EASEMENT FOR ROAD, WATER, GAS, ELECTRICITY, TELEPHONE AND UTILITIES
OVER A PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 14,
TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF,
THE CENTER LINE OF SAID EASEMENT BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 40 OF CREST ESTATES, UNIT NO. 1, MAP
NO. 4923, BEING A POINT ON THE SOUTHERLY LINE OF SAID NORTH HALF OF THE
SOUTHEAST QUARTER; THENCE SOUTH 89 DEGREE 42'42' EAST 210 FEET ALONG SAID
SOUTHERLY LINE TO THE TRUE POINT OF BEGINNING, SAID SOUTHERLY LINE BEING THE
RADIAL OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS 130.00 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE TO THE SOUTHWESTERLY LINE OF AHLRICH AVENUE.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 2 OF PARCEL MAP NO. 5440.
APN: 259- 600 -08 -00
First American Tide
From 9496733531 Page. 6123 Date: 4/16@010 11:46:48 AM
Form No. 1066 -2 Commibnent No.: 0-MV- 2911166
ALTA CommlhneM Pape Number: 5
SCHEDULE 6
SECTION ONE
REQUIREMENTS
The following requirements must be met!
(A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured.
(B) Pay us the premiums, fees and charges for the policy,
(C) Documents satisfactory to us creating the interest In the land and /or the mortgage to be insured
must be signed, delivered and recorded.
(D) You must Leff us in writing the name of anyone not referred to in this Commitment who will get
an interest In the land or who will make a loan on the land. We may then make additional
requirements or exceptions.
(E) Releases(s) or Reconveyance(s) of Item(s): No. 26
(F) Other: NONE
(G) You must give us the following Informatlow
1. Any off record leases, surveys, etc.
2. Statements) of Identity, all parties.
3. Other: NONE
first Amencan Title
From 9496733531 Page: 7123 Date 411 61201 0 11:48'49 AM
Form No. 1068 -2 Commftnwt No.: 0-MV- 2911166
ALTA Comnatment Page Number: 6
SCHEDULE B
SECTION TWO
EXCEPTIONS
Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction.
The printed exceptions and exclusions from the coverage of the policy or policies are set forth in Exhibit A
attached. Copies of the policy forms should be read. They are available from the office which Issued this
Commitment.
1. General and special taxes and assessments for the fiscal year 2007 -2008, a ilen not yet due or
payable.
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
3. Any easements and /or servitudes affecting easement parcel(s) 2 and 3 herein described.
4. An easement and right of way for telephone and /or electric poles and lines and for sewer, water
and /or gas mains and pipe lines and incidental purposes as reserved by Instrument recorded
August 3, 1944 in Book 1718, Page 282 of Official Records, and the right of others to use said
easement as conveyed or reserved in various other Instruments of Record.
The location of the easement cannot be determined from record Information.
5. An easement for public utilities and Incidental purposes, recorded January 27, 1947 in Book
2332, Page 135 of Official Records.
In Favor of: San Diego Gas and Electric Company
Affects: The route or location of said easement cannot be determined
from the record
6. The terms and provisions contained in the document entitled "Declaration, of Covenants for Street
Improvements" recorded November 24, 1976 as Instrument No. 394543 of Official Records.
7. An easement and right of way for sewer line and Incidental purposes as granted by Instrument
recorded May 18, 1984 as Instrument No. 84185151 of Official Records, and the right of others
to use said easement as conveyed or reserved In various other Instruments of Record, over,
under, along and across Lot 8 of Map No. 14449.
B. The terms and provisions contained In the document entitled "Covenant Regarding Real Property
Future Park, Traffic and Flood Control Fees" recorded July 3, 2002 as Instrument No. 02- 563975
of Official Records.
First American Tide
From 9496733531 Page 8123 Date 411612010 11 4649 AM
Foam Na 1068 -2 Cmmmltment No.: O -NV- 2911166
ALTA commitment Page Number: 7
9. The terms and provisions contained in the document entitled "Covenant Regarding Real Property:
Improvements Required as Condition on Final Approval of Subdivision of Real Property"
recorded July 3, 2002 as Instrument No. 02- 563976 of Official Records.
10. The terms and provisions contained in the document entitled "Covenant Regarding Real Property
Hold City Harmless for Grading/Drainage" recorded July 3, 2002 as Instrument No. 02- 563977 of
Official Records.
11. 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 July 3, 2002 as Instrument No. 02- 563978 of Official Records.
12. The terms and provisions contained in the document entitled "Covenant Regarding Real Property:
Tentative Map and Coastal Development Permit" recorded July 3, 2002 as Instrument No. 02-
563979 of Official Records.
13. The terms and provisions contained in the document entitled "Covenant Regarding Real Property
Future Park, Traffic and Flood Control Fees" recorded July 3, 2002 as Instrument No. 02- 563980
of Official Records.
14. The terns 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 July 3, 2002 as Instrument No. 02- 563981 of Official Records.
15. The terms and provisions contained in the document entitled "Covenant Regarding Real Property
Hold City Harmless for Grading/Dralnage" recorded July 3, 2002 as Instrument No. 02- 563982 of
Official Records.
16. The terms and provisions contained In the document entitled "Private Road Maintenance
Agreement for TM 99 -135" recorded July 3, 2002 as Instrument No. 02- 563983 of Official
Records.
The terms and provisions contained in the document entitled "Supplementary Declaration of
Private Road Maintenance Agreement for TM 99 -135' recorded November 12, 2003 as
Instrument No. 03- 1363293 of Official Records.
17. An easement for sewer pipeline(s) and Incidental purposes, recorded July 17, 2002 as Instrument
No. 02- 599417 of Official Records.
In Favor of: Leumdia County Water District, a Goverment Entity and Its
successors and assigns
Affects' Lot 8 of Map No. 14449
18. The terms and provisions contained In the document entitled "tlen Covenant Regarding Real
Property: Improvements Required as Condition on Final Approval of Subdivision of Real Property"
recorded August 27, 2002 as Instrument No. 02- 728224 of Official Records.
19. An easement shown or dedicated on the Map as referred to in the legal description
For: Public utility and emergency access and incidental purposes.
First American 77fle
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Form No. 1066.2 Cwrntbmm No.: 0 -MV- 2911166
ALTA rpnmfanent Page Number: C
20. An easement for underground electric facilities and appurtenances for the transmission and
distribution of electricity and Incidental purposes, recorded March 12, 2003 as Instrument No. 03-
276465 of Official Records.
In Favor of: San Diego Gas and Electric Company
Affects: The land
21. An easement for underground communication facilities and incidental purposes, recorded April
24, 2003 as Instrument No. 03- 474474 of Official Records.
In Favor of: Pacific Bell Telephone Company, a California Corporation
Affects: Lot 8
22. An easement for underground electric facilities and appurtenances for the transmission and
distribution of electricity and incidental purposes, recorded March 12, 2003 as Instrument No. 03-
276465 of Official Records.
In Favor of: San Diego Gas and Electric Company, a Corporation
Affects: Lot 8
23. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions
In the document recorded November 12, 2003 as Instrument No. 03- 1363292 of Official Records,
which provide that a violation thereof shall not defeat or render Invalid the lien of any first
mortgage or deed of trust made In good faith and for value, but deleting any covenant, condition
or restriction Indicating a preference, limitation or discrimination based on race, color, religion,
sex, handicap, familial status, national origin, sexual orientation, martial status, ancestry, source
of Income or disability, to the extent such covenants, conditions or restrictions violate Title 42,
Sectlon 3604(c), of the United States Codes or applicable state law. Lawful restrictions under
state and federal law on the age of occupants in senior housing or housing for older persons shall
not be construed as restrictions based on familial status.
Note: You may wish to contact the homeowners association referred to in the above document
for Information regarding assessments, transfer requirements or other matters.
24. The terms and provisions contained In the document entitled 'Notice of Non - Adversarial
Procedure under Civil Code Section 912(f)" recorded November 12, 2003 as Instrument No. 03-
1363294 of Official Records.
25. An easement shown or dedicated on the Map as referred to in the legal description
For: Water easement to San Diego Water District and Incidental
purposes.
26• A deed of trust to secure an original indebtedness of $1,460.000.00 recorded January 10,
2006 as Instrument No. 06 -19704 of Official Records,
Dated: December 30, 2005
Trushor. Obafemi Devin Ayanbadejo, a single man
Tnistee: Califomia Reoonveyance Company
Beneficiary: Washington Mutual Bank, FA, a Federal Association, a Bank
Fast Amencan Tit/e
From 9496733531 Page: 10/23 Date: 4116/2010 11:48:50 AM
Fort No. 1668'2 Cammftmmt No.: 0- MV- 2911166
ALTA CanmEn&It Page NumbM: 9
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.
General and special taxes and assessments for the fiscal year 2006 -2007.
First Installment:
Penalty:
Second Installment:
Penalty:
Tax Rate Area:
A. P. No.:
$7,105.31, PAID
$0.00
$7,105.31, PAID
$0.00
19084
259 - 600 -08 -00
2. This report is preparatory to the Issuance of an ALTA Loan Policy. We have no knowledge of any
fact which would preclude the Issuance of the policy with CLTA endorsement forms 100 and 116
and if applicable, 115 and 116.2 attached.
When issued, the CLTA endorsement form 116 or 116.2, If applicable will reference a(n) Single
Family Residence known as 1361 Ahlrich Avenue, Encinitas, Callfornla, 92024.
3. According to the public records, there has been no conveyance of the land within a period of
twenty-four months prior to the date of this report, except as follows:
None
4. Short term rate applies.
17rstAmerfcan Title
From: 9496733531 Page 11/23 Date- 41160010 11 46:50 AM
Fnm No, 1068 -2 Co (tent No.: O- MV- 2911166
ALTA Co Itrnent Page number: 10
WIRE INSTRUCTIONS
First American Title Company, Demand /Draft Sub -Escrow Deposits
Orange County, California
First American Trust, FSB
5 First American Way
Santa Ana, CA 92707
ABA 122241255
Credit to First American Title Company
Account No. 2000015010
Reference Title Order Number 2911166 and Title Officer Terri Haun
Please wire tre day before recording. Also, notify the Title Officer or your intent to wire.
Rrst American Title
From 9496733531 Page: 12/23 Date. 411 61201 0 11 46 50 AM
Farm No. 1068.2 Commftment No.: 0- MV•2911166
ALTA Commitment Page Number: 11
CONDITIONS
1. DEFINITIONS
(a) "Mortgage" means mortgage, deed of trust or other security Instrument.
(b) "Public Records" means title records that give constructive notice of matters affecting the title
according to the state law where the land Is looted.
2. LATER DEFECTS
The Exceptions in Schedule B - Section Two may be amended to show any defects, liens or
encumbrances that appear for the first time in the public records or are created or attached between the
Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section One
are met. We shall have no liability to you because of this amendment
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are riot shown in Schedule B, we may
amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or
encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this
information and did not tell us about It in writing.
4. LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met Its
Requirements. If we have any liability to you for any loss you incur because of an error In this
Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment
when you acted in good faith to:
comply with the Requirements shown In Schedule B - Section One
or
eliminate with our written consent any Exceptions shown in Schedule B - Section Two.
We shall not be Ilable for more than the Policy Amount shown in Schedule A of this Commitment and our
liability is subject to the terms of the Policy form to be Issued to you.
S. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim, whether or not based on negligence, which you may have against us concerning the title to
the land must be based on this commitment and is subject to Its terms.
Rest Ammon Title
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From: 9496733531 Page: 16123 Date: 4/18/2010 11:48:52 AM
Form No. 1066 -2 Commitment No.: 0- MV- 2911166
ALTA Commitment Pepe Number: 15
EXCLUSIONS FROM COVERAGE
The foill matters are expressly excluded from the coverage of this poky and the Company will not pay loss or damage, costs, attdrheysv fees or
expenses which arise by reason of:
I. (a) Any law, ordinance or govermmental regulation (Indudrg but not Rnited to bullMq and inning lays, Ordinances, a regulsidws)
restricting, regulating, prohibiting or relating to (I) the occupancy, use, or enjoyment of the Wed; (11) the character, dimensions or location of
any Improvement now Or hereafter erected m the Wind; (61) a separation In ownership or a change In the dimensions or area of the land or
art( parcel of which the land Is or was a part; a (N) em4onmwuhl protection, a the eRect of arty violation of these laws, Ordinanfs or
govemmenal regWations, ecept to the extent chat a entice of the enformrtrrt dherepf or a rocker of a defect', Ian or encumbrance
rasuitimg from a vlolabon or alleged violation affecting the land has been recorded In the pudic records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the aft duet a notice of the e,n% w thereof or a notice of a
defect, lien or enamtxrarhrs msuaig from a violation or alleged violation affecting the land has been recorded In the public records at Date
of Poky.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of poky, but not excluding
From coverage any taking which has occurred prior to Date of Poky which would be binding on the rights of a purchaser for value without
knowledge.
I. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured daknant;
(b) not knorrrh to the Company, not recorded In the public records M Date of Policy, but xnown 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 cal loss a damage to the Insured claimant;
(d) attaching or crelr0erl subsequent to Date of Policy; or
(e) resulth In Ins or damage which would not have been sustained If the Insured claimant had pad value for the estate or Interest Insured
by this policy.
4. Any dam, which arises out of the transaction vestahp In the Insured the estate or Interest neared by this policy, dl' reason of the operation
of faded barrvuptcy, state Insolvency, a similar aedftW rights laeq, that 6 based on:
(I) the transaction creating the estate or Mnbefest Irmuld by this poky bring deaned a fraudulent conveyance or fraudulent transfer; or
(k) the transaction creating the estate a Into Insured by the policy berg deemed a preferential transfer except where the preferential
transfer results from the failure :
(a) te timely reaohd the Instrument of transfer; or
(b) of such recordation to Import notice to a purchaser far value or a judgment or Iles creditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
WITH REGIONAL EXCEPTIONS
When the Annalcen Land Title Associaton pOkcy Is used as a Standard Coverage Policy and not as an 5dended Coverage Poll the exclusions set forth
In Iowa~ 8 above are used and the 1 mV exceptions to coverage appear In the policy.
SCHEDULEB
This poky does not Insure against mss or damage (and the Company will not pay costs, attorneys' fees or expenses) wthkh arise by reason of:
I. Taxes or assessments which are not shown as existing Mars by the records of any taxing authority that Il taxes or assessments on real
property or by the public records.
2. Any fads, rights, Interests, a claims which are not shown by to public records but which could be ascertained by an Inspection OF old land
or W making aguky of persons In possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Dlsvepandes, conflicts In boundary lanes, shortage In area, encroachments, deny other facts which a correct survey would disclose, and
which are not shown by public records.
5. Unpatented mining calms; reservations or exceptions In patents or In Acts authorizing the Issuance thereon•, water rights, claims d ride to
wear.
6. Any lien, d right to a lien, for services, Wba a mmulal theretofore or hereafter furnlsned, Imposed py law and not shown by the pudic
remrdr.
30. 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, atlomerys' fees and expenses resulting from:
1. Governmental police power, and the existence or vloaUcn of any law or government regulation. This Includes building and zoning
ordinances and also laws and regulations concerning:
v land use
• knprovaments on the land
• land dNlslon
• emironmentai proteNon
This exclusion does not apply to violations of the Onto, mein 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 L3 of Covered Tale Rlsks.
The right to take the land by condemning R unless:
&3t American ri e
From 9496733531 Page: 17123 Date: 4Y16/2010 11:4&52 AM
Form No. 1068 -2 Commitment No.: 0-14V- 2911166
ALTA Commlbnent Page Numbar: 16
' a notice of exercising the right appears In the public records on the Policy Date
' the taking happened prior to the Policy Oafs and Is binding on you a you bought the land without knowing of the taking.
Title Blake:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Date - undess they appeared In the pubic records
' that result in no lam to you
• that first affe2 your the after the Policy pate - this does not tree the labor and material Ilan coverage In Item 8 of Covered Title Risks
Failure to pay value for your title.
Lack of a right:
' ba am land outside the area specifically described and referred be In Item 3 of Schedule A, or
' In streets, alleys, or waterways that touch your land
This "cluslon 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 - 1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
Covered Risks 14 (Subdivision Law Violation). 15 (eullding Permit). 16 (Zoning) and 18 (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 e, you are not Insured against loss, costs, attomeys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and
regulations mnrrrnlrng:
a. buikihhg b. zoning
c. land use d. Improvements on the land
s. lard division f. environmental pioteWW
This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcenent appears In the
Public Records at the Policy Date.
This exduslon does not limit the coverage described In Covered Risk 14, 1S, 16, 17 or 24.
2. The fall re of Your existing structures, or arty, part of them, to be coluovcted In accordance with applicable buWing codes. This Evcluslon
does not apply to violations; of building codes If notice of the violation appears In the Public Records at the Policy Date,
3. The right to take the Land by condemning lt, unless :
a. a, of exercising the right appears In the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and Is binding on You If You bought the Land without Know" of the taking.
4. Racks:
a. that are created, allowed, or agreed to by You, whether or not they appear In the Public Records;
b. that aft Known to You at the Poky Date, but not to Us, unless they appear In the Public Records at the Policy Date;
c. that result In no loss to You; or
d. that first oar after the Policy Date - thb does not limit the coverage described In Covered Risk 7, 8.d, 22, 23, 24 or 25.
5. Failure to pay value for Your Title.
6. 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, a waterways Mat touch the Lard.
This Exclusion does not limit the coverage described In Covered Risk I or 18.
ISMIYATIONS ON COVERED RISKS
Your Insurance for the following Covered Risks Is limited on the Owmies Coverage Statement as follows:
Covered Risk 14, 15, 16 and 16, Your Deductible Amount and Our Maximum Dollar Limit of Uablllty shown In Schedule A.
The deductible amounts and maximum dotar limits shown on Schedule A are as follows:
Covered Risk 14:
Your Deductible Amount
1% of Policy Amount or $5,000.00 (whichever Is less)
Our Maximum Dollar Unrit of
I liability
$10,000.00
Covered Risk 15:
1% of Policy Amount or $5,000.00 (whichever Is less)
$25,000.00
Covered Risk 16:
1% of Policy Amount or $5,000.00 (whichever Is less)
$25,000.00
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From 9496733531 Page. 19/23 Date 4/16/201011.46.53 AM
Form No. 1068 -2
ALTA Commllment
3. Easements, claims of easement or encumbrances which are rot dhovwl by the pul lc an s.
Commltinnea No.: O-MV- 2911166
Pape Number: 16
4. Discrepancies, conflicts In boundary lines, shortage In area, encroachments, w any other fads which a correct survey would dladose, and
which arc not shown by public records.
5. Unpatented minkg clakns; reservations w exceptions h patents or In acts authvNfq one Issuance thereof; water rgnts, damns or tide M
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.
14. AMERICAN LANG TITLE ASSOCIATION LOAN POLICY - 2006
EXCLUSIONS FROM COVERAGE
The following matters are expressly axduded from the coverage of this policy, and the Company will not pay loss or damage, cents, attomeW fees, or
ommse that arise by reason of:
1. (a) Any law, ordinance, permit, w governmental regulation (Including brow relating m bulldlrq and zoning) restricting, regulating,
prdtlblelq,, or relating to
(1) the oxruparuy, use, w enjoyment of the Land;
(11) the character, dimensions, w location of any Improvement erected on the Land;
(III) the subdlvlslw of land; or
(N) environmental protection;
or the effect of any vbladon of these laws, ordinances, or governmental regulations. This Exduslon 1(a) does not modify w limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Excluslon 1(b) does not modify w limit Me coverage provided under Cowered Rusk 6.
2. Rights of eminent domain. This Exclusion does nor modify or limit the coverage provided under Covered Risk 7 or B.
3. Defects, Mein, enOxnbrarncee, adverse daims, w 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 W the Company by the Insured Claimant pow to the data the Insured Claimant became an Insured under this policy;
(c) resulting In no ins w damage W the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, title does not modify or Hmlt the coverage provided under Covered Rik 11,
13, or 14); or
(e) resulting In less or damage that wmI d not have been sustalrned I the Insured Claimant had paid value for the Insured Mortgage.
4. Unenfwceabillty of Me lien of the Insured Mortgage because of the Inability or failure of an Insured to comply with applicable doing-
business laws of the start where the Land Is situated.
5. Invai or unmforomUk 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 w any consumer credit protection w truth- In- lendkg law.
6. Any Balm, by reaewr of the operation of federal bankruptcy, state Insolvency, or similar creditors? rights laws, that the transaction creating
the Nan of the Insured Mortgage, Is
(a) a fraudulent: conweyence or fraudulent transfer, or
(b) a preferential transfer for any reason not stated In Covered Risk 13(b) of this policy.
7. Any lien on the Teks 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 Retards. This Exduslon does not modify or Ikea the coverage
provided under Covered Risk 11(b).
15. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 2006
WITH REGIONAL EXCEPTIONS
When the American Land Title Assedadon policy Is used as a Standard Coverage Policy and not as an Extended Coverage Polley the exclusions set
forth In paragraph 14 atuve are used and the following exceptions to coverage appear In the perky.
SCHEDULE 0
This policy does not Insure against loss or damage (and the Company will rot pay costs, attwneyd fees or expenses) which arise by reason of:
First American Ttle
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From: 9496733531 Page: 21123 Date: 4/16/2010 11.46:54 AM
Form No. 1068-2 Comm@tlssd NO.: O -NIV- 2911166
ALTA Commitment Pepe Number: 20
When the Amerkm Lang TO@ Association policy Is used as a Standard Coverage Polley and not as an Emended Coverage Policy the
exduslons set "In Pw&V+Ph 16 above are used and the following meptOns to coverage appear In the policy.
SCHEDULER
This policy does not Insure against loss or damage (and the Company will not Pay costs, attomeys' fees or expenses) which anm by reason
of:
1. (a) Taores or assessments bat assn not sh,,, as existing Yens by the records of any taring authority that levies I, e or assessments on real
property or W the Public Records; (b) praoeedlrgs by a PUNIC agency that may result in taxes or assessments, or notlar of such
Proceedings, wheat" a not Shawn by the records of such agency a by the Public Records.
2. Any fads, ri9hts, Interests, or claims that are not ShOm by the PUNIC Records but Mat could be aspetalned W an Inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Eamnents, hers a O or claims Owned, not shown by the Pubic Records.
9. Any &KrOwhmeSC enoanbranoe, vblatcof4 eaHt1or4 Of adverse CWOJR Canoe aflecti g the Title that world be disclosed by an accurate
and conrplaae land survey of the Land and not shown by tha Public Rem is.
5. (a) UnpateroM rririg dalms; (b) resangbem a ea WdOns In patents or In Acts aWheriyng the Issuance thereof, (c) water rights, claims
OF title co water, whedw or not the maden errepI under (a), (b), or (c) are shown by Me Pubic Records.
RtslAmerican Tithe
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