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Storm Water Management Facilities Maintenance Agreement 2016-0133911X. aIe RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY, CA 92074 APN: 323 - 203 -18; 323 - 203 -19; 323 - 203 -24 DOC# 2016 - 0133911 II I I II I III II III III II III II! I II Mar 24, 2016 04:59 PM OFFICIAL RECORDS Ernest J Dronenburg; Jr SAN DIEGO COUNTY RECORDER FEES $0.00 PCOR N/A PAGES 21 (THIS SPACE FOR RECORDER's USE) STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT 13917 Courier Way and 13956 Poway Road (G15-0001) The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) This AGREEMENT for the maintenance and repair of certain Storm Water Management Facilities is entered into between the Property Owner(s) MLGP &L, LLC, a California limited liability company, (hereinafter referred to collectively as "OWNER') and the City of Poway (hereinafter referred to as CITY") for the benefit of the CITY, the OWNER, the successors in interest to the CITY or the OWNER, and the public generally. WHEREAS, OWNER is the owner of certain real property located in the City of Poway, California, more particularly described in Exhibit "An, hereto (hereinafter referred to as the PROPERTY"), which is being developed into a vehicle storage lot, in accordance with applications for Development Review 14 -001 and Grading Permit Number G15 -0001, which are on file with the CITY. This Agreement is required as a condition of approval for such development. WHEREAS, in accordance with the City of Poway's Stormwater Management and Discharge Control Ordinance, Poway Municipal Code, Chapter 13 and 16 (the " Stormwater Ordinance "), the City of Poway Subdivision Ordinance, the City of Poway Zoning Ordinance, the City of Poway Grading Ordinance and /or other ordinances or regulations of CITY which regulate land development and urban runoff, OWNER has proposed that storm water runoff from the PROPERTY be managed by the use of the following Storm Water Management Facilities which are identified as "Best Management Practices" or "BMPs ": Permeable pavement throughout the entire parking lot and an inlet filter box located at the southwest corner of the project site as shown on the approved grading plan. The precise location(s) and extent of the BMPs are indicated in the approved Water Quality Technical Report, dated June 2015, and on the approved grading plans on file with CITY's Development Services Department as G15 -0001. The manner and standards by which the BMPs must be repaired and maintained in order to retain their effectiveness are as set forth in the Operation and Maintenance Plan (hereinafter "O &M PLAN "), which is attached hereto and incorporated herein as Exhibit "B ". Because additional impervious area may require the addition of or alteration of storm water I jam— O 1 management areas and strategies, no impervious area may be added to the project site without prior approval from the City Engineer. Additional impervious area includes, but is not limited to, patio covers, hardscape improvements, and building additions. WHEREAS, OWNER's representations that the BMPs will be maintained have been relied upon by CITY in approving OWNER's development applications. It is the purpose of this Agreement to assure that the BMPs are maintained, by creating obligations that are enforceable against the OWNER and the OWNER's successors in interest in the PROPERTY. It is intended that these obligations be enforceable notwithstanding other provisions related to BMP maintenance that are provided by law. NOW, THEREFORE, for consideration of (a) CITY's approval of the above development applications and (b) the mutual covenants set forth herein, IT IS HEREBY AGREED AS FOLLOWS: Maintenance of Storm Water Management Facilities. OWNER agrees, for itself and its successors in interest, to all or any portion of the PROPERTY, to comply in all respects with the requirements of the Stormwater Ordinance with regards to the maintenance of BMPs, and in particular agrees to perform, at its sole cost, expense and liability, the following "MAINTENANCE ACTIVITIES ": all inspections, cleaning, repairs, servicing, maintenance and other actions specified in the O &M PLAN, with respect to all of the BMPs listed above, at the times and in the manner specfied in the O &M PLAN. OWNER shall keep records of this maintenance and provide copies of such records and annual certification of maintenance as requested by CITY. OWNER shall initiate, perform and complete all MAINTENANCE ACTIVITIES at the required time, without request or demand from CITY or any other agency. OWNER further agrees that "MAINTENANCE ACTIVITIES" shall include replacement or modification of the BMPs in the event of failure. Replacement shall be with an identical type, size and model of BMP, except that: (a) The City Engineer may authorize substitution of an alternative BMP if he or she determines that it will be as effective as the failed BMP; and (b) If the failure of the BMP, in the judgment of the City Engineer, indicates that the BMP in use is inappropriate or inadequate to the circumstances, the BMP must be mod'rfied or replaced with a more effective BMP to prevent future failure in the same or similar circumstances. 2. Notices. OWNER further agrees that it shall, prior to transferring ownership of any land on which any of the above BMPs are located, or any lot or portion of the PROPERTY which is served by the above BMPs, and also prior to transferring ownership of any such BMP, provide clear written notice of the above described maintenance obligations to the transferee. 3. CITY's Right to Perform Maintenance. It is agreed that CITY shall have the right, but not the obligation, to elect to perform any or all of the MAINTENANCE ACTIVITIES if, in the CITY's sole judgment, OWNER has failed to perform the same. Such maintenance by the CITY shall be conducted in accordance with the nuisance abatement procedures set forth in Poway Municipal Code Chapter 8.72. In the case of maintenance performed by the CITY, it may be performed by CITY forces, or a contractor hired by the CITY, at the CITY's sole election. It is recognized and understood that the CITY makes no representation that it intends to or will perform any of the MAINTENANCE ACTIVITIES, and any election by CITY to perform any of the MAINTENANCE ACTIVITIES shall in no way relieve OWNER of its continuing maintenance obligations under this agreement. If CITY elects to perform any of the MAINTENANCE ACTIVITIES, it is understood that CITY shall be deemed to be acting as the agent of the OWNER and said work shall be without warranty or representation by CITY as to safety or effectiveness, shall be deemed to be accepted by OWNER "as is ", and shall be SWMFMA Hyundai Auto Group (G15 -0001) Page 2 covered by OWNER's indemnity provisions below. If 'CITY performs any of the MAINTENANCE ACTIVITIES, after CITY has demanded that OWNER perform the same and OWNER has failed to do so within a reasonable time stated in the CITY's demand, then OWNER shall pay all of CITY's costs incurred in performing the MAINTENANCE ACTIVITIES, plus an administrative fee. OWNER's obligation to pay CITY's costs of performing MAINTENANCE ACTIVITIES is a continuing obligation. If OWNER fails to pay CITY's costs for performing MAINTENANCE ACTIVITIES, CITY may assess a lien on the property or properties of the responsible parties pursuant to the procedures set forth in Poway Municipal Code Chapter 8.72. 4. Grant of Easement to CITY. OWNER hereby grants to CITY a perpetual easement over, under and across all of the PROPERTY, for purposes of accessing the BMPs, inspecting the BMPs, and performing any of the MAINTENANCE ACTIVITIES specified in Paragraph 1 above. CITY shall have the right, at any time and without prior notice to OWNER, to enter upon any part of said area as may be necessary or convenient for such purposes. OWNER shall at all times maintain the PROPERTY so as to make CITY's access clear and unobstructed. 5. Administration of Agreement for CITY. CITY hereby designates the City Engineer as the officer charged with responsibility and authority to administer this Agreement on behalf of CITY. Any notice or communication to the City related to the implementation of this Agreement shall be addressed to: City Engineer City of Poway 13325 Civic Center Drive Poway, CA 92064 6. Defense and Indemnity. CITY shall not be liable for, and OWNER and its successors in interest shall defend and indemnify CITY and the employees and agents of CITY (collectively "CITY PARTIES "), against any and all claims, demands, liability, judgments, awards, fines, mechanic's liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (hereinafter collectively referred to as "CLAIMS "), related to this Agreement and arising either directly or indirectly from any act, error, omission or negligence of OWNER, OWNER's successors, or their contractors, licensees, agents, servants or employees, including, without limitation, claims caused by the concurrent negligent act, error or omission, whether active or passive, of CITY PARTIES. OWNER shall have no obligation, however, to defend or indemnify CITY PARTIES from a claim if it is determined by a court of competent jurisdiction that such claim was caused by the sole negligence or willful misconduct of CITY PARTIES. Nothing in this Agreement, CITY's approval of the development application or plans and specifications, or inspection of the work is intended to acknowledge responsibility for any such matter, and CITY PARTIES shall have absolutely no responsibility or liability therefore unless otherwise provided by applicable law. 7. Allocation of Costs. Following the sale or transfer of any of the individual residential lots by OWNER, the cost of the MAINTENANCE ACTIVITIES required by this Agreement shall be divided equally by all lot owners, and paid by each lot owner or his or her heirs, assigns and successors in interest. This requirement shall be binding on all lot owners in the subdivision, and each shall be responsible for his or her equal share of the cost associated with the maintenance. 8. Agreement Binds Successors and Runs With the PROPERTY. It is understood and SWMFMA Hyundai Auto Group (G15 -0001) Page 3 agreed that the terms, covenants and conditions herein contained shall constitute covenants running with the land and shall be binding upon the heirs, executors, administrators, successors and assigns of OWNER and CITY, shall be deemed to be for the benefit of all persons owning any interest in the PROPERTY (including the interest of CITY or its successors in the easement granted herein). It is the intent of the parties hereto that this Agreement shall be recorded and shall be binding upon all persons purchasing or otherwise acquiring all or any lot, unit or other portion of the PROPERTY, who shall be deemed to have consented to and become bound by all the provisions hereof. 9. OWNER's Continuing Responsibilities Where Work Commenced or Permit Obtained. Notwithstanding any other provision of this Agreement, no transfer or conveyance of the PROPERTY or any portion thereof shall in any way relieve OWNER of or otherwise affect OWNER's responsibilities for installation or maintenance of BMPs which may have arisen under the ordinances or regulations of CITY referred to in this Agreement, or other federal, state or CITY laws, on account of OWNER having obtained a permit which creates such obligations or having commenced grading, construction or other land disturbance work. 10. Amendment and Release. The terms of this Agreement may be modified only by a written amendment approved and signed by the Director of Development Services acting on behalf of CITY and by OWNER or OWNER's successor(s) in interest. This Agreement may be terminated and OWNER and the PROPERTY released from the covenants set forth herein, by a release, which CITY may execute if it determines that another mechanism will assure the ongoing maintenance of the BMPs or that it is no longer necessary to assure such maintenance. 11. Governing Law and Severability. This Agreement shall be governed by the laws of the State of California. Venue in any action related to this Agreement shall be in the Superior Court of the State of California, County of San Diego. OWNER hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure Section 394. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity, and enforceability of the remaining provisions shall not be affected thereby. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter. OWNER: MLGP &L, LLC By: Mark Donald Abe op, aging Partner CITY OF POWAY: Ro)5ert J. Mania ' t Director of Development Date: 1� Date: SWMFMA Hyundai Auto Group (G15 -0001) Page 4 APPROVED AS TO FORM: Office of the City Attorney 4w/-J'7, Mor n L. of yja At torney Attachment 1. Certificate of Acceptance APPROVED AS TO CONTENT: Engineering Division - "W// Steven Crosby, P.E. City Engineer M: \engserv\Land Development Projects\2015 \G15 -0001 Hyundai Auto \SWFMA.docx SWMFMA Hyundai Auto Group (G15 -0001) Page 5 CERTIFICATE OF ACCEPTANCE (Storm Water Management Facilities Maintenance Agreement) This is to certify that the interest in real property located in the City of Poway conveyed by the Grant of Easement described in Item 4 of the attached document dated :711/,?OI6- , from MLGP &L, LLC, to the City of Poway, a political corporation and /or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Resolution No. 34 adopted on January 20, 1981. Dated: ��AA& Lw, 17 . ,-10 Ili CITY OF POWAY Seal: Sheila R. ob , City Clerk 1` SWMFMA Hyundai Auto Group (G15 -0001) Page 6 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of On v4z y �, 2 /J before me, Z C_._ Date H re Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persong whose name( is /qW subscribed to the within instrument and acknowledged to me that he /sye /tt'*y executed the same in his/Fi_/t* authorized capacity(io), and that by his /PtkiC/tr* signature04 on the instrument the person(I, or the entity upon behalf of which the person(,$) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. PHYLLIS SHINN WITNESS my hand and official seal. Commission # 1956215 Z t.; Notary Public - California i Z San Diego County r Signature M Comm. Expires Nov 9,2015 S ignature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docuna n Title or Type of Document: ( i� r %�'� J/ Document Date: U Li �1 7 ` 2I � Number of Pages: /`Z- Signer(s) Other Than Named Above: , Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 -876 -6827) Item #5907 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAS -Dec- n ) On g f l a Zoi b before me, trod "��� �-h m 1� ate Here Insert Name and Title of the Offtcer personally appeared �Oh2� A (`C)abl S Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ommi ll 1. # MARTINEZ 9 CoiaiNtolon ! 21159N i EXHIBIT A The land referred to is situated in the County of San Diego, City of Poway, State of California, and is described as follows: PARCEL 1: The northerly 150.00 feet of the southerly 400.00 feet of the westerly 155.00 feet of the easterly 670.00 feet of the easterly 50 Rods of Lot 2 in Section 18, Township 14 South, Range 1 West, San Bernardino Base and Meridian, in the City of Poway, County of San Diego, State of California, according to the Official Plat thereof. PARCEL 2: The northerly 150.00 feet of the southerly 400.00 feet of the westerly 185.00 of the easterly 515.00 feet of Lot 2 in Section 18, Township 14 South, Range 1 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to the Official Plat thereof. PARCEL 3: The northerly 25 feet of the southerly 250 feet of the east 50 rods of Lot 2 in Section 18, Township 14 South, Range 1 West, San Bernardino Base and Meridian, in the City of Poway, County of San Diego, State of California, according to the Official Plat thereof, EXCEPTING the easterly 330 feet and the westerly 155 feet thereof. Assessors Parcel Numbers: 323 - 203 -18; 323 - 203 -19 & 323 - 203 -24 Page 1 of 1 Maintenance Plan Since the only maintenance BMP required for this project will be a filter device with insert, the maintenance plan has been simplified to contain the following: 1. Instruction Documents for Maintenance 2. Maintenance Schedule 3. Reporting Documents Instruction Documents for Maintenance 1. For Filter Box, see manufacturer's documentation regarding replacement filters for Kristar FloGard Model No. FG- M2424. Find documentation ATTACHED BELOW. For maintenance of porous pavement, see County of San Diego procedures for porous paving maintenance attached below. 2. Filter box maintenance schedule shall be an inspection at the beginning of the rainy season (April 15) annually and after every storm event throughout the year. Cleaning of the box and replacement of the filter shall be per the manufacture's manual. Porous paving maintenance will consist of vacuum sweeping at intervals prescribed by the attached County document. 3. Reporting Documents shall be kept on file at the site. Forms for the reporting are attached below. � GENERAL SPECIFICATIONS FOR MAINTENANCE OF 01- p1t01Ec1_4V FLOGARD® LOPRO TRENCH DRAIN FILTERS 3� DP5 SCOPE: Federal, State and Local Clean Water Act regulations and those of insurance carriers require t1_ filtration systems be maintained and serviced on a recurring basis. The intent of the regulations is to ensure that the systems, on a continuing basis, efficiently remove pollutants from stormwater runoff thereby preventing pollution of the nation's water resources. These Specifications apply to the FloGard® LoPro Trench Drain Filter. RECOMMENDED FREQUENCY OF SERVICE: Drainage Protection Systems (DPS) recommends that installed F1oGard® LoPro Trench Drain Filters be serviced on a recurring basis. Ultimately, the frequency depends on the amount of runoff, pollutant loading and interference from debris (leaves, vegetation, cans, paper, etc.); however, it is recommended that each installation be serviced a minimum of three times per year, with a change of filter medium once per year. DPS technicians are available to do an on -site evaluation, upon request. RECOMMENDED TIMING OF SERVICE: DPS guidelines for the timing of service are as follows: 1. For areas with a definite rainy season: Prior to, during and following the rainy season. 2. For areas subject to year -round rainfall: On a recurring basis (at least three times per year). 3. For areas with winter snow and summer rain: Prior to and just after the snow season and during the summer rain season. 4. For installed devices not subject to the elements (wash racks, parking garages, etc.): On a recurring basis (no less than three times per year). SERVICE PROCEDURES: 1. The trench drain grate(s) shall be removed and set to one side. 2. The service shall commence with collection and removal of sediment and debris (litter, leaves, papers, cans, etc.) 3. The trench drain shall be visually inspected for defects and possible illegal dumping. If illegal dumping has occurred, the proper authorities and property owner representative shall be notified as soon as practicable. 4. Using an industrial vacuum, the collected materials shall be removed from the filter liner. (Note: DPS uses a truck- mounted vacuum for servicing F1oGardo LoPro Trench Drain Filters.) 5. When all of the collected materials have been removed, the filter assembly shall be removed from the drainage inlet. The outer filter liner shall be removed from the filter assembly and filter medium pouches shall be removed by unsnapping the tether from the interior ring and set to one side. The filter liner, PVC body and fittings shall be inspected for continued serviceability. Minor damage or defects found shall be corrected on the spot and a notation made on the Maintenance Record. More extensive deficiencies that affect the efficiency of the filter (torn liner, etc.), if approved by the customer representative, will be corrected and a quote submitted to the representative along with the Maintenance Record. 6. The filter liner and filter medium pouches shall be inspected for defects and continued serviceability and replaced as necessary and the pouch tethers re- attached to the PVC body interior ring. 7. The grate(s) shall be replaced. REPLACEMENT AND DISPOSAL OF EXPOSED FILTER MEDIUM AND COLLECTED DEBRIS The frequency of filter medium pouch exchange will be in accordance with the existing DPS- Customer Maintenance Contract. DPS recommends that the medium be changed at least once per year. During the appropriate service, or if so determined by the service technician during a non- scheduled service, the filter medium pouches will be replaced. Once the exposed pouches and debris have been placed in the container, DPS has possession and must dispose of it in accordance with local, state and federal agency requirements. DPS also has the capability of servicing all types of catch basin inserts and catch basins without inserts, underground oil/water separators, stormwater interceptors and other treatment devices. All DPS personnel are highly qualified technicians and are confined space trained and certified. Call us at (888) 950 -8826 for further information and assistance. 04/07 POROUS PAVEMENT OPERATION AND MAINTENANCE PROTOCOL San Diego County Facilities PREPARED FOR: County of San Diego Department of General Services 5555 Overland Avenue San Diego, CA, 92123 PREPARED BY: Cahill Associates Environmental Consultants 104 South High Street West Chester, PA 19382 www.theahill.com P: 610 - 696 -4150 F: 610 - 696 -8608 POROUS PAVEMENT OPERATION AND MAINTENANCE PROTOCOL General Maintenance The primary goal of porous pavement maintenance is to prevent the pavement surface and/or the underlying infiltration bed from being clogged with fine sediments. To keep the system clean throughout the year and prolong its lifespan, the pavement surface should be vacuumed biannually with a commercial cleaning unit. All inlet structures within or draining to the infiltration beds should also be cleaned out on a biannual basis. Figure 1: Routine and adequate maintenance has allowed the porous asphalt parking lot at the Morris Arboretum to still be effective 20 years after installation. Planted areas adjacent to porous pavement should be well maintained to prevent soil washout onto the pavement. If any washout does occur it should be cleaned off the pavement immediately to prevent further clogging of the pores. Furthermore, if any bare spots or eroded areas are observed within the planted areas, they should be replanted and/or stabilized at once. Planted areas should be inspected on a semi - annual basis. All trash and other litter that is observed during these inspections should be removed. Superficial dirt does not necessarily clog the pavement voids. However, dirt that is ground in repeatedly by tires can lead to clogging. Therefore, trucks or other heavy vehicles should be prevented from tracking or spilling dirt onto the pavement. Furthermore, all construction or hazardous materials carriers should be prohibited from entering a porous pavement lot. Descriptive signage is recommended to maintain institutional memory of porous pavement Figure 2: Example of soil wash - on/dumping from unstabilized landscaping. Vacuuming Cahill recommends vacuuming porous asphalt and concrete pavement with a vacuum sweeper on a biannual basis. Acceptable types of vacuum sweepers include the Elgin Whirlwind and the Allianz Model 650. Though much less effective than "pure" vacuum sweepers, regenerative air sweepers, such as the Tymco Model 210, Schwarze 348, Victory, and others, are sometimes used. These units contain a blower system that generates a high velocity air column, which forces the air against the pavement at an angle, creating a'peeling' or 'knifing' effect. The high volume air blast loosens the debris from the pavement surface, then transports it across the width of the sweeping head and lifts it into the containment hopper via a suction tube. Thus, sediment and debris are loosened from the pavement and sucked into the unit. (Note: simple broom sweepers are not recommended for porous pavement maintenance.) If the pavement surface has become significantly clogged such that routine vacuum sweeping does not restore permeability, then a more intensive level of treatment may be required. Recent studies have revealed the usefulness of washing porous pavements with clean, low pressure water, followed by immediate vacuuming. Combinations of washing and vacuuming techniques have proved effective in cleaning both organic clogging as well as sandy clogging. Research in Florida found that a "power head cone nozzle" that "concentrated the water in a narrowly rotating cone" worked best. (Note: if the pressure of 2 the washing nozzle is too great, contaminants may be driven further into the porous surface.) Maintenance crews are encouraged to determine the most effective strategy of cleaning their porous installations. Figure 3: Photo of Elgin Whirlwind Vacuum Air Sweeper, example of effective vacuuming device For smaller installations, such as sidewalks, plazas, or small parking lots, `walk behind" vacuum units may prove most effective. Though these units can be loud and somewhat messy to the operator due to the lack of dust suppression, they are also relatively easy to operate and inexpensive. Examples of acceptable "walk behind" units include the Billy Goat models, the 5700 industrial- strength Scrubber by Tennant, and the sidewalk class vacuum sweepers made by Nilfisk, Advance and Hako. If `walk behind" units are used, it is recommended that the scrub pressure be kept relatively low. The dirtiest areas may need to be power washed after scrubbing to get out the dirt that has been deeply ground in. Winter Maintenance Winter maintenance for a porous parking lot may be necessary, but is usually less intensive than that required for a standard asphalt lot. By its very nature, a porous pavement system with subsurface aggregate bed has superior snow melting characteristics than does standard pavement. Therefore, ice and light snow accumulation are generally not as problematic. However, snow will accumulate during heavier storms. Abrasives such as sand or cinders should not be applied on or adjacent to the porous pavement. Snow plowing is necessary for significant snow accumulation, but should be done carefully (i.e. by setting the blade slightly higher than usual, about an inch). Standard road salt is acceptable for use as a deicer on porous pavement, although a non - toxic, organic deicer, applied either as a blended, magnesium chloride -based liquid product or as pretreated rock salt, is recommended. Acceptable liquid deicers include Magic -O, Ice B' Gone, Ice Ban, and Geomelt, among others. Magic Salt is an example of an acceptable pretreated salt product. Other acceptable deicer alternatives to standard sodium chloride include calcium chloride, magnesium chloride, potassium chloride, urea, and calcium magnesium acetate. Follow supplier recommendations when applying deicers to pavement. Figures 4 and 5: Neither the porous asphalt parking lot at the University of Rhode Island nor the one at the Ford Rouge Plant in Dearborn, Michigan have experienced significant snow accumulations on the pavement after multiple harsh winters. 4 Repairs Potholes in the porous pavement are extremely unlikely, though settling might occur if a soft spot in the subgrade is not removed during construction. For damaged areas of less than 50 square feet, a declivity could be patched by any means suitable with standard pavement, with the loss of porosity of that area being insignificant. The declivity can also be filled with porous mix. If an area greater than 50 SF is in need of repair, approval of patch type must be sought from either the engineer or owner. Under no circumstance is the pavement surface to ever be seal coated. Any required repair of drainage structures should be done promptly to ensure continued proper functioning of the system. With minimal maintenance, porous bituminous asphalt can function effectively for well over 20 years. However, in the event that maintenance of the porous pavement is neglected and it becomes clogged over time, the Owner shall vacuum the lot until the original permeability is restored. (If the original permeability of the lot cannot be restored, the pavement should be removed and replaced with a new porous mix.) Recent research has shown that one of the most effective ways of restoring porous pavement is applying a pressurized dose of a non -toxic detergent cleaning solution, allowing adequate soak time, and then vacuuming with a high performance unit (Elgin Whirlwind and the Allianz Model 650). Once again, it is important to note that high pressure washing may drive contaminants further into the porous surface and even into the underlying aggregate. It is therefore recommended that, prior to vacuum sweeping, a low performance pressure washer is used to get the solution to break the surface tension and reach into the pores. Figure 6: Standard bituminous patch in porous asphalt parking lot. This lot was constructed with an unmodified porous mix (i.e. no polymer modification) and had rutted in the center of the aisle due to construction traffic. 5 ■ Summary o Prevent Clogging of Pavement Surface with Sediment • Vacuum pavement twice per year • Maintain planted areas adjacent to pavement • Immediately clean any soil deposited on pavement • Do not allow construction staging, soil/mulch storage, etc. on unprotected pavement surface • Clean inlets draining to the subsurface bed twice per year o Snow/Ice Removal • Porous pavement systems generally perform better and require less treatment than standard pavements • Do not apply abrasives such as sand or cinders on or adjacent to porous pavement • Snow plowing is fine but should be done carefully (i.e. set the blade slightly higher than usual) • Salt application is acceptable, although more environmentally - benign deicers are preferable o Repairs • Surface should never be seal- coated • Inspect for pavement rutting/raveling on an annual basis (some minor ruts may occur in the porous pavement from stationary wheel rotation) • Damaged areas less than 50 square feet can be patched with porous or standard asphalt • Larger areas should be patched with an approved porous asphalt REPORTING DOCUMENT 1. Transcribe the following information from your notification letter and make corrections as necessary: Permit No.: Poway Grading Permit No. G15 -0001 BMP Location: Sheet 3 of grading Plan Responsible Party: MLGPBL LLC — Mark Abelkop, Partner Phone Number: 858 - 218 -22 Email: mark @pwyag.com Responsible Party Address: 2483 Avenida de La Playa, La Jolla, CA 92037 2. Using the Table below, please describe the inspections and maintenance activities that have been conducted during the fiscal year (July 1 — June 30), and date(s) maintenance was performed. Under 'Results of Inspection," indicate whether maintenance was required based on each inspection, and if so, what type of maintenance. If maintenance was required, provide the date maintenance was conducted and a description of the maintenance. REFER TO THE BACK OF THIS SHEET FOR MORE INFORMATION DESCRIBING TYPICAL MAINTENANCE INDICATORS AND MAINTENANCE ACTIVITIES. If no maintenance was required based on the inspection results, state "no maintenance required." 3. Attach copies of available supporting documents (photographs, copies of maintenance contracts, and /or maintenance records). 4. Sign the bottom of the form and return to: City of Poway Development Services Department — Engineering Section 13325 Civic Center Drive, Poway, CA 92064 OR Email:sstrapac@poway.org Signature of Responsible Party Print Name Date Results of Inspection: Date Maintenance Completed and Date Work Needed? Description of Maintenance Conducted What To Look For? Inspected (Yes /No) Accumulation of Sediment, Litter, Grease Clogged Filter Media Structural Damage Other 3. Attach copies of available supporting documents (photographs, copies of maintenance contracts, and /or maintenance records). 4. Sign the bottom of the form and return to: City of Poway Development Services Department — Engineering Section 13325 Civic Center Drive, Poway, CA 92064 OR Email:sstrapac@poway.org Signature of Responsible Party Print Name Date r 1 I I / z a U � o N z m 0 o�cc 33 z -- O Q CD z w z W � W Y W Os N � ly � N N N ne'�9M �(yWylli'�►NM Q O z �21 mAh"LIN s ► I I I I 1 � I W z Z W i Q D oOD J O O O � J ♦ t m cs m k Z W a a W -4 Awn MO I CAIMA-3 n LLJ Q _m V) I-- LLJ U m Z Q X Z W W Z Q