Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Storm Water Management Facilities Maintenance Agreement G16-0009
RECORDING REQUESTED BY: City of Poway AND WHEN RECORDED MAIL TO: City Clerk City of Poway PO Box 789 Poway, CA 92074-0789 DOC# 2018-0236876 111111 VIII VIII VIII IIII 111111 VIII VIII VIII VIII VIII VIII IIII IIII Jun 12, 2018 10:48 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PCOR: N/A PAGES: 26 STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT G16-0009 (Please fill in document title(s) on this line) 1 E] Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that is subject to the imposition of documentary transfer tax, or, 2 F-1 Exempt from fee per GC27388.1 due to being recorded in connection with a transfer that was subject to documentary transfer tax which was paid on document recorded previously on (date) as document number of Official Records, or, 3 F—] Exempt from fee per GC27388.1 due to the maximum fees being paid on documents in this transaction, or, 4 n Exempt from fee per GC27388.1 due to the maximum fees having been paid on documents in the transaction(s) recorded previously on (date) as document number(s) of Official Records, or 5 F-1 Exempt from fee per GC27388.1; document transfers real property that is a residential dwelling to an owner -occupier, or, 6 E] Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that is a residential dwelling to an owner -occupier, or, 7 F—] Exempt from fee per GC27388.1 due to it being recorded in connection with a transfer of real property that is a residential dwelling to an owner -occupier. The recorded document transferring the dwelling to the owner -occupier was recorded on _ (date) as document number(s) , or, 8 F—] Exempt from the fee per GC 27388.1 (a) (1); Not related to real property, or, 9 Q Exempt from fee under GC27388.1 for the following reasons: Grant of Easement to the City - See Pape 3, Section 4 THIS PAGEADDEDTO PROVIDE SENATEBILL2 EXEMPIION INFORMATION (Additional recordingfeeapplies) RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY, CA 92074 (THIS SPACE FOR RECORDER'S USE) STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT Poway Corporate Center Lot 12 (G16-0009) 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) Spread the Word, a California Limited Partnership, (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 as Lot 12 of City of Poway Tract 86-02R(2) Poway Corporate Center Units 2 AND 3, in the City of Poway, County of San Diego, State of California, according to map thereof No. 13944, filed in the Office of the County Recorder of San Diego County March 13, 2000, (hereinafter referred to as the "PROPERTY"), which is being developed into an industrial building, in accordance with applications for a Development Review 16-002 and Grading Permit Number G16-0009, 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": Two biofiltration basins located throughout the site as shown on Exhibit "A". The precise locations and extent of the BMPs are indicated in the approved Storm Water Quality Management Plan, dated December 14, 2016, and on the approved grading plans on file with CITY's Development Services Department as G16-0009. The manner and standards by which the BMPs must be repaired and maintained in order to retain their effectiveness and the approximate location of the BMPs 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 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 specified 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 modified 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 SWMFMA PCC Lot 12 (G16-0009) Page 2 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 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 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. SWMFMA PCC Lot 12 (G16-0009) Page 3 8. Agreement Binds Successors and Runs With the PROPERTY. It is understood and 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. 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: Spread the Word L.P. Managing G;P,49c., a California corporation Its: �- Date: n, CFO/Secretary SWMFMA PCC Lot 12 (G16-0009) Page 4 CIT;Z7�zl- Ro'bejt J. Manis Director of Development Services APPROVED AS TO FORM: Office +of/the City Attorney (ice C� Alan Fenstermacher, City Attorney Attachment 1. Certificate of Acceptance Date: 7 `V APPROVED AS TO CONTENT: Engineering Division teven Crosby, P.E. City Engineer MAengsery\Land Development Projects\2016\G16-0009 PCCLots12\SWFMA.docx SWMFMA PCC Lot 12 (G16-0009) Page 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 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 San Diego ) On .) u p P r 0 t) 1$ before me, Yvonne Mannion Notary Public Date Here Insert Name and Title of the Officer personally appeared )kobe_et a� woll1;'s Names) 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. YVONNE MAN 11 N Notary Public - California San Diego County€ Commission a 2201766 My Comm. Expires Jun 18, 2021 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature .i Signature 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 Document Title or Type of Document: SturM , A_)alteX dUAAA iel,lan r Fmr I"t2l4 s Document Date: Number of Pages: 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: .' ✓4'+/4La,4 +/S<�4<�'�/ \✓4�:. ✓4'L vSV4"✓4 �/4'✓1W __1'v `Y Y4'U •✓4'✓ d5 "✓4'v<'✓<' RYAOIDIM11ri nM& sill • a . . . K - UsTOW e • • ;11111112111L, IRIFINTETITIT, •1 CERTIFICATE OF ACCEPTANCE StormWater Management Facilities Maintenance Agreement G16-0009 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: oL I 8 I %'1 from Spread the Word, L.P., 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. 17-007 adopted on April 18, 2017. Dated: ( N18 CITY OF POWAY ko rt J. Manis Director of Development SWMFMA PCC Lot 12 (G16-0009) Page 6 EXHIBIT "A" n / KIRKHAM WAY - - — - OUTLET - �„ RW W W- \ \ � M ��- RW srRucruRE - - - _ - -W W W RW _ ��_-� 3 W W STORMDRAIN I I STENCIL BIOFILTRATION BASIN I � I l@v 19 I d04 f , HLP H o T�Bg44 I v [L 'T 9 I I APN 320-220-12 STORYDRAIN I STENCIL / OUTLET I STRUCTURE _ � 3 I B10FILTRArION BASIN 'B" RW R R- W I II I X04 � I I I I I I I I I SCALE: 1 " = 80' I I I I CATCH BASIN EMERGENCY 300'(MIN.) BENCH WHEN NEXT TO A SLOPE AMENDED SOIL (K-5 LNIHR)—'l © 409 POROSITY (3/a) CAL -TRANS CLASS 11 PERMEABLE MATERIAL PER SOILS ENGINEERS RECOMMENDATIONS IMPERVIOUS MEMBRANE (PER SOILS ENGINEER) MIN 20 -MIL POLYETHYLENE LINER SUCH AS WESTERN ENVIRONMENTAL LINERS AQUA 20 (OR EQUIVALENT) W/ALL SEAMS HEAT WELDED DVS DRAW-SYSTEM SYSTEM ORIFICE EXHIBIT "A" *MINIMUM CURB DEPTH IS 12 INCHES, CURBS SHOULD BE VERTICAL ELBOW DOWELED TWO FEET INTO ADJACENT PCC PAVEMENT WITHIN 10 FEET OF THE BIORETENTION BASIN. / 2 � �o m N W o� ---- -BASIN TOP (MIN.) RISER TOP MAINTENANCE CLEAN-OUT (TO REMAIN CLOSED AT ALL TIMES) 2-3' HARDWOOD MULCH r6 SDRSD URB 6-1 PER SOILS (SEE MOT 3 _ HEREON) BASIN SURFACE ' h Q 0.25'Lw GRAVELTOP o n o o i 0 0 0 o a GRAVEL BOTTOM G \"\\ ! 314" CRUSHED ROCK LAYER < @ 409 POROSITY ` 4" DIA. PERFORATED PVC UNDERDRAIN ORIFICE DRILLED THROUGH MAINTENANCE PLATE CONNECTION (INTERIOR SIDE OF CATCH BASIN) BASIN ELEVATIONS LETTER ORIFICE I SIZE UNDERDRAIN INVERT BASIN SURFACE ELEVATION RISER ELEVATION BASIN TOP ELEVATION MINIMUM A 1.750" 796.10' 798.10' 799.35' 799.60' B 1.625'" 795.10' 797.10' 798.35' 798.60' BIOFILTRATION BASIN TYPICAL SECTION TYPICAL DETAIL & OUTLET CONNECTION NOT -TO -SCALE TABLE FOR CORLDRILL KEYHOLE TYPE OPENING FOR MAINTENANCE PLATE REMOVAL WITHOUT REMOVING THE BOLTS 12"x12" PLATE v r Yz"x4" STAINLESS STEEL WEDGE ANCHOR BOLT 3/a" THICK GALVANIZED MAINTENANCE PLATE EPDXY SEAL TO CATCH BASIN INTERIOR WALL 4" DIA. PERFORATED PVC UNDERDRAIN CONNECTION (EXTERIOR) MAINTENANCE PLATE DETAIL ATTACH TO INTERIOR INLET WALL OF 36'x36" CATCH BASIN "EXHIBIT B" OPERATION & MAINTENANCE (O&M) PLAN 1. Contents 1. PROJECT DESCRIPTION.................................................................................................. 1 2. OPERATION & MAINTENANCE (O&M) PLAN........................................................... 1 3. Operation & Maintenance of BMP'S.................................................................................. 1 A. Training .......................................................................................................................................................................................................................................22C. B. Landscaping Irrigation System5 D. Roof Drains ............................. 5 E. Storm Water Conveyance System Stenciling and Signing.................................5 F. Structural BMP: Biofiltration.............................................................................. 6 G. Outlet Structures................................................................................................ 8 H. Vector Control Owner Responsibilities.............................................................. 8 ATTACHMENTS Al. Inspection & Maintenance Schedule Bl. Cost Estimate Cl. BMP Training Log Dl. Inspection & Maintenance Log 1. PROJECT DESCRIPTION The project consists of constructing an industrial building with the associated underground utilities, landscaping, stone drains, two bioretentions for stormwater treatment and outdoor parking and hardscaping. 2. OPERATION & MAINTENANCE (O&M) PLAN This document has been prepared in compliance with the San Diego Regional Water Quality Control Board requirements and in accordance with requirements set by the City. A Storm Water Quality Management Plan (SWQMP) has been prepared for the project. It identifies the specific Best Management Practices (BMPs) required for the project. Refer to this project's SWQMP for additional information on BMPs. Proper maintenance of the project BMP's is required for their intended and effective function. This O&M Plan provides operation and maintenance procedures for the BMPs designated in the SWQMP. It includes procedures to be followed for inspection and maintenance of the BMPs, instructions for documenting the work performed, record keeping, and outlining the requirement and procedures for training of personnel involved in the process. 3. Operation & Maintenance of BMP'S It shall be the responsibility of the "Owner or Designated Responsible Party" to maintain and to train all employees for the maintenance and operation of all BMPs, to achieve the maximum pollutant reduction they are designed for, as addressed in the approved Project's SWQMP. The following schedule of O&M's must be followed to satisfy the Conditions of Concern and the Pollutants of Concern as addressed in the approved Project's SWQMP. This schedule shall include periodic inspections of all Source Control and Treatment Control BMP's. All maintenance records for training, inspection and maintenance shall be retained and provided to the city or county upon request. The owner may also be required to provide to the City, as part of the maintenance and operation agreement an executed access easement that shall be binding on the land throughout the life of the project. Responsible Party for O&M and For Training Hamann Construction c/o Gregg Hamann 1000 Pioneer Way El Cajon, CA 92020 Phone: (619) 440-7424 The Designated Responsible Party will be responsible for ensuring that individuals involved in O&M activities, including but not limited to contractors and new owners, will be trained according to the training program herein, Additionally, upon any future sale of the property, the Owner will be responsible for ensuring that the new Designated Responsible Party is familiar with the contents of the plan and the requirements for the routine inspection, routine and non -routine maintenance and record keeping tasks as described herein. All parties involved in the O&M activities will be required to read this plan. A. Training Employee training is an important component of the Implementation of this O&M Plan. The employee training program may consist of a meeting with any new owners, Designated Responsible Party or contractor/employees Involved in the O&M activities to review the contents of this plan and to physically tour the facility to observe the BMPs and describe O&M requirements for each BMP. The Designated Responsible Party will implement the training program. All new contractors involved in landscape and/or facility maintenance at the site shall receive training within 30 -days of hire and shall receive updated annual training. Maintenance contractor shall verify staff training annually. The Designated Responsible Party shall be responsible for documenting all training activities and for maintaining records related to training. Forms for documentation of training are included in Attachment C I of this plan. Training records must be shall be retained and provided to the city or county upon request. B. Landscaping Operational and maintenance needs include: • Vegetation management to maintain adequate drainage and to limit habitat for mosquitoes, rodents and other disease -carrying vectors. • Parking lot sweeping. • Animal and vector control (any method to limit or eradicate the mammals, birds, insects or other arthropods which transmit disease pathogens). • Periodic sediment removal to optimize performance. • Trash, debris, grass trimmings, tree pruning, and leaf collection and removal to prevent obstruction of landscape areas so as not to prohibit their use as a BMP. • Monitoring irrigation equipment. • Removal of standing water, which may contribute to the development of aquatic plant communities or mosquito breeding areas. • Preventive maintenance on sampling, flow measurement, and associated BMP equipment and structures. • Erosion and structural maintenance to prevent the loss of soil and maintain the performance of all landscaping. Inspection Frequency The facility will be inspected and inspection visits will be completely documented: • Once a month at a minimum. • After every large storm (after every storm monitored or these storms with more than 0.50 inch of precipitation.) • On a weekly basis during extended periods of wet weather. Inspect for proper irrigation and fertilizer use, and ensure that all landscaped areas have minimum of 80% coverage. Visual Inspection as part of landscape maintenance • Inspect before and after the rainy season (October 1 through April 30). Aesthetic Maintenance The following activities will be included in the aesthetic maintenance program: Grass Trimming: Trimming of grass will be done on all landscaped areas, around fences, at the inlet and outlet structures, and sampling structures. Weed Control. Weeds will be removed through mechanical means. Herbicide shall not be used because these chemicals will impact the water quality monitoring. Functional Maintenance Functional maintenance has two components: • Preventive maintenance • Corrective maintenance Preventive Maintenance Preventive maintenance activities to be instituted for landscaped areas are: • Grass Mowing: Vegetation seed, mix within the landscaped areas, are to be designed to be kept short to maintain adequate drainage and to limit the development of faunal habitats. • Prohibitive dumping placards. • Trash and Debris: During each inspection and maintenance visit to the site, debris and trash removal will be conducted to reduce the potential for inlet and outlet structures and other components from becoming clogged and inoperable during storm events. • Sediment Removal: Sediment accumulation, as part of the operation and maintenance program at of landscaped areas, will be monitored once a month during the dry season, after every large storm (0.50 inch), and monthly during the wet season. Specifically, if sediment reaches a level at or near plant height, or could interfere with flow or operation, the sediment will be removed. If accumulation of debris or sediment is determined to be the cause of decline in design performance, prompt action (i.e., within ten working days) will be taken to restore the landscaped areas to design performance standards. Actions will include using additional fill and vegetation and/or removing accumulated sediment to correct channeling or ponding. Characterization and Appropriate disposal of sediment will comply with applicable local, county, state, or federal requirements. The landscaped areas will be re -graded, if the flow gradient has changed, and then replanted with sod. • Removal of Standing Water: Standing water must be removed if it contributes to the development of aquatic plant communities or mosquito breeding areas. 3 Fertilization and Irrigation: The vegetation seed mix is to been designed so that fertilization and irrigation is to be kept at a minimum. Elimination of Mosquito Breeding Habitats. The most effective mosquito control program is one that eliminates potential breeding habitats. Corrective Maintenance Corrective maintenance is required on an emergency or non -routine basis to correct problems and to restore the intended operation and safe function of all landscaped areas. Corrective maintenance activities include: Removal of Debris and Sediment: Sediment, debris, and trash, which impede the hydraulic functioning of landscaping and prevent vegetative growth, will be removed and properly disposed. Temporary arrangements will be made for handling the sediments until a permanent arrangement is made. Vegetation will be re-established after sediment removal. Structural Repairs: Once deemed necessary, repairs to structural components of landscaping will be done within 10 working days. Qualified individuals (i.e., the designers or contractors) will conduct repairs where structural damage has occurred. Embankment and Slope Repairs: Once deemed necessary, damage to the embankments and slopes of landscaped areas will be repaired as soon as possible, and within 10 working days maximum. Erosion Repair: Where a reseeding program has been ineffective, or where other factors have created erosive conditions (i.e., pedestrian traffic, concentrated flow, etc.), corrective steps will be taken to prevent loss of soil and any subsequent danger to the performance and use of landscaped areas as BMPs. There are a number of corrective actions than can be taken. These include erosion control blankets, riprap, sodding, or reduced flow through the area. Designers or contractors will be consulted to address erosion problems if the solution is not evident. Elimination of Animal Burrows Animal burrows will be filled and steps taken to remove the animals if burrowing problems continue to occur (filling and compacting). If the problem persists, vector control specialists will be consulted regarding removal steps. This consulting is necessary as the threat of rabies in some areas may necessitate the animals being destroyed rather than relocated. If the BMP performance is affected, abatement will begin. Otherwise, abatement will be performed annually in September. General Facility Maintenance: In addition to the above elements of corrective maintenance, general corrective maintenance will address the overall facility and its associated components. If corrective maintenance is being done to one component, other components will be inspected to see if maintenance is needed. Maintenance Frequency The Inspection & Maintenance Schedule included in enclosed Attachment Al for all BMPs lists the schedule of maintenance activities to be implemented. Debris and Sediment Disposal Waste generated onsite is ultimately the responsibility of the Owner. Disposal of sediments, debris, and trash will comply with applicable local, county, state, and federal waste control programs. 0 Hazardous Waste Suspected hazardous wastes will be analyzed to determine disposal options. Hazardous wastes generated onsite will be handled and disposed of according to applicable local, state, and federal regulations. A solid or liquid waste is considered a hazardous waste if it exceeds the criteria listed in the CCR, Title 22, Article 11. C. Irrigation System Inspection Frequency and Procedure The Irrigation system shall be checked each week checked to insure that they are functioning properly: The Irrigation system shall be checked each week checked to insure that they are functioning properly: • Shut-off devices as a minimum. The following items shall be as a minimum. The following items shall be • Pressure drop sensors • Moisture sensors • All piping and sprinkler heads to insure there are no leaks and that proper water spread is maintained. • All flow reducers. • Check for overspray/runoff D. Roof Drains All roof drains shall be inspected 30 days prior to October I" of each year to ensure that they are clean and free from trash and in good repair. They shall be flushed and any leaks or damages piping shall be either replaced or repaired. Where roof drains flow onto grass areas splash structures and or rock rip -rap shall be maintained so the flow from the roof drains do not cause erosion or damage to the grass area. During the rain season roof drains shall be inspected weekly and after each rain storm to insure that there is no trash and or silt build up that will restrict the run-off flow from the roof. All trash and/or silt build up shall be removed immediately. • It is not permissible to directly connect roof drains into a drain system. • Roof drain downspouts shall discharge runoff to a landscaped area, and to allow the runoff to flow through landscape, prior to entering a private yard drain system. E. Storm Water Conveyance System Stenciling and Signing ■ Signage/stenciling are to be inspected for legibility and visual obstruction and shall be Repaired and cleared of any obstruction within 5 working day of inspection. ■ Inspection Frequency: Semi-annually, 30 days prior to October 1st each year, and monthly during rainy season. 5 F. Structural BMP: Biofiltration Vegetated Infiltration or Filtration BMP Maintenance Indicators and Actions for Vegetated BMPs Maintenance Indicator(s) VegetatedTypical for BMPs Maintenance Actions Accumulation of sediment, litter, or Remove and properly dispose of accumulated materials, without debris damage to the vegetation. Poor vegetation establishment Re -seed, re -plant, or re-establish vegetation per original plans. Overgrown vegetation Mow or trim as appropriate, but not less than the design height of the vegetation per original plans when applicable (e.g. a vegetated swale may require a minimum vegetation height). Erosion due to concentrated irrigation Repair/re-seed/re-plant eroded areas and adjust the irrigation flow system. Erosion due to concentrated storm water runoff flow Repair/re-seed/re-plant eroded areas, and make apIblankets, corrective measures such as adding erosion control adding stone at flow entry points, or minor re -grading tproper drainage according to the original plan. If the isscorrected by restoring the BMP to the original plan an The County must be contacted prior to any additional repairs or reconstruction. Standing water in vegetated swales Make appropriate corrective measures such as adjusting irrigation system, removing obstructions of debris or invasive vegetation, loosening or replacing top soil to allow for better infiltration, or minor re -grading for proper drainage. If the issue is not corrected by restoring the BMP to the original plan and grade, City staff in the Watershed Protection Program must be contacted prior to any additional repairs or reconstruction. Standing water in bioretention, biofiltration with retention, Make appropriate corrective measures such as adjusting irrigation partial or biofiltration areas, or flow-through system, removing obstructions of debris or invasive vegetation, clearing undexdrains (where applicable), planter boxes for longer than 96 hours or repairing/replacing clogged or compacted soils. following a storm event* Obstructed inlet or outlet structure Clear obstructions. Damage to structural components such Repair or replace as applicable. as weirs, inlet or outlet structures *These BMPs typically include a surface ponding layer as part of their function which may take 96 hours to drain following a storm event. Inspection Frequency The facility will be inspected and inspection visits will be completely documented: • Once a month at a minimum. • After every large storm (after every storm monitored or these storms with more than 0.50 inch of precipitation.) • On a weekly basis during extended periods of wet weather. Maintenance is needed if vegetation height is greater than 5" (height shall be kept between 2" and 5"); if there is standing water; if debris are present or if sedimentation is occurring at the vegetation height; ensure that all landscaped areas have minimum of 80% coverage and that no animal burrows are present. Visual Inspection as part of landscape maintenance • Inspect before and after the rainy season (October 1 through April 30). Maintenance Category 2 Minimally, the responsible party must provide annual documentation to the County verifying that the BMPs are maintained and functioning properly. However, if the responsible party fails to perform maintenance, the County (in a "backup" role) may be required to perform the maintenance; therefore security funding is required. Maintenance securities are required for an interim 5 -year period. However, maintenance responsibilities remain in perpetuity. Category 2 Mechanisms to Assure Maintenance 1. Watershed Protection Ordinance Requirement: WPO Section 67.812 requires ongoing maintenance of BMPs. In the event that the mechanisms below prove ineffective, or in addition to enforcing those mechanisms, civil action, criminal action or administrative citation could also be pursued for violations of the ordinance. 2. Public Nuisance Abatement: Under the WPO failure to maintain a BMP would constitute a public nuisance, which may be abated under the Uniform Public Nuisance Abatement Procedure. This provides an enforcement mechanism additional to the above, and would allow costs of maintenance to be billed to the owner, a lien placed on the property, and the tax collection process to be used. 3. Notice to Purchasers: Section 67.812(e) of the WPO requires developers to provide clear written notification to persons acquiring land upon which a BMP is located, or others assuming a BMP maintenance obligation, of the maintenance duty. 4. Conditions in Ongoing Land Use Permits: For those applications (listed in WPO Section 67.810(a)) upon whose approval ongoing conditions may be imposed, a condition will be added which requires the owner of the land upon which the stormwater facility is located to maintain that facility in accordance with the requirements specified in the maintenance plan. Failure to perform maintenance may then be addressed as a violation of the permit, under the ordinance governing that permit process. 7 5. Subdivision Public Report: Tentative Map and Tentative Parcel Map approvals will be conditioned to require that, prior to approval of a Final or Parcel Map, the subdivider must provide evidence to the County , that the subdivider to be issued for the sales of lots within the subdivision, a notification regarding the maintenance requirement. (The requirement for this condition would not be applicable to specific subdivisions which are exempt from regulation under the Subdivided Lands Act, or for which no public report will be issued.) 6. BMP Maintenance Agreement with Easement and Covenant: WPO Section 67.812(0 requires that an agreement will be entered into with the County, which will function in three ways: a. It will commit the land to being used only for purposes of the BMP; b. It will include an agreement by the landowner to maintain the BMPs in accordance with the maintenance plan (this obligation would be passed on to future purchasers or successors of the landowner, as a covenant); and c. It will include an easement giving the County the right to enter onto the land (and any necessary adjacent land needed for access) to maintain the BMPs. This would be required of all applications listed in WPO Section 67.810 with Category 2 BMPs. In the case of subdivisions, this easement and covenant would be recorded on or prior to the Final or Parcel Map. Funding: The developer must provide the County with security to substantiate the maintenance agreement; security will remain in place for an interim period of 5 years from the date of approval of the structural BMP Verification Acceptance Package. The amount of the security would equal the estimated cost of 2 years of maintenance activities. The security may be a Cash Deposit, Letter of Credit, or other form acceptable to the County. If at any time, owners fail to maintain BMPs and the County must perform any of the maintenance activities, then owners must pay all of County's costs incurred in performing the maintenance as defined in the maintenance agreement. G. Outlet Structures All outlet structures shall be kept functional at all times. Routine inspection and corrective maintenance shall include removal of trash sediment and debris and repair of any structural damage or clogging of orifice outlets. The minimum maintenance frequency shall be 30 days prior to October 1st each year, weekly during rainy season or within 24 hours prior to rain forecasts. H. Vector Control Owner Responsibilities VECTOR MANAGEMET CONTROL REQUIREMENTS Any method to limit or eradicate the mammals, birds, insects or other arthropods which transmit disease pathogens. Management of mosquitoes and other vectors in stormwater management structures, such as Bioretention Facilities and Best Management Practices, is critical for protecting public health. In order to implement vector controls including minimizing the risk for mosquito -borne disease transmission, It is the responsibility of the Owner to regularly maintain the outlet structures and monitor the site after every storm event to ensure that the system (comprising of above and below ground storage facilities) is dewatered in less than 72 hours. Otherwise the owner will be required to implement a vector control plan in accordance with California Department of Public Health. ■ Maintain all drainage inlets and outlets trash free; remove silt; make sure to clear any standing water after 72 -hours of ponding. Vector Control Resources: 1. For County of San Diego vector educational brochures please reference the following website: http://www.sdcount�ca.gov/deh/Dests/vector disease.html 2. Please contact the County of San Diego vector control program with specific questions or concerns. ATTACHMENT "AI" INSPECTION & MAINTENANCE SCHEDULE PREVENTATIVE MAINTENANCE AND ROUTINE INSPECTION TYPE BMP Routine Action Maintenance Maintenance MAINTENANCE SITE-SPECIFIC Indicator Frequency ACTIVITY REQUIREMENTS Landscaping & Proper irrigation Less than 80% 30 days prior to Re -plant. Repair All slopes and irrigation & Fertilizer. coverage October 1st each Irrigation system landscaped areas year and once within 5 -days. are to have a during rainy season minimum coverage (October 1 through of 80% April 30 Roof drain Trash free and Silt build up of 30 days prior to Remove all trash All Roof to be free removal of silt, more than 1" no October 1st each and silt and repair from trash and silt sedimentation & trash year and weekly any damage to and in good repair Debris during rain season. roof drains, Bioretention/ Trash free and Silt build up of 30 days prior to Remove trash and All bio -filters to be Biofiltration removal of silt. more than 2" no October 1st each silt—repair and free from trash and Facilities Clear Clogged trash, year, monthly during reseed exposed silt at all times, outlets and Exposed soils, rainy season, and areas, maintain grass area to be Standing Water. dead after Storm Event grass height so as free from exposed vegetation, not be shorter soil and maintained ponded water, than 2" or higher to proper height, and excessive than 5' remove all removal of any vegetation ponded water ponding of water for (see TC -30) weekly more than 72 hours. inspections, (See TC -30 Storm Water Must be legible Fading of paint Semi-annually, 30 Repaint stenciling Appies to all Conveyance at all times and or illegible days prior to October and/or replace stenciling and system have a clear letters or 1 at each year & signs 30 days signs Stenciling & view. monthly during rainy prior to October Signing season 1st. Outlet Must be kept Silt, debris, 30 days prior to Silt, debris, trash All outlet structures Structures functional at all trash October 1st each accumulation and shall be kept times. Clear accumulation, year and weekly repair any functional at all Clogged outlets Ponding Water during rainy season structural damage times. and Standing or within 24 hours to the outlet Water. prior to rain structures. forecasts. W] ATTACHMENT 99B1" Annual Estimate to Maintain all BMPs Landscaning & Bioretention/ Biofiltration Maintenance of landscaping and bio -filters is already included in the property management responsibilities. Additional cost: Irrieation System: Inspection and maintenance of the irrigation system is already included in the property management responsibilities, Additional cost: Roof Drains: Roof drain inspection and maintenance is already included in the property management responsibilities. Training: Once a year & training of new employees within their first week of employment. Stormdrain Signage (As needed or every 2 years) Annual 10 -Year $400 $4,000 $100 $1,000 $100 $1,000 $100 $1,000 Total Estimated Annual Cost to Maintain BMPs $700 $7,000 ATTACHMENT "C1" BMP TRAINING LOG Personnel Date Type of Training Trained Trainer MO/Da /Yr 12 ATTACHMENT "D1" INSPECTION AND MAINTENANCE LOG BMP TYP & LOCATION DATE M/DN Name of Person Inspecting Description of BMP Condition/ Description repair required if any Date Repair made and Description repair made and by who 13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the State of Californias ) County of On -21 S1 t7 before me, Date Here 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 personale whose names} is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/49i;4keir authorized capacity4ea), and that by his/herkheir signature(*on the instrument the person(*, or the entity upon behalf of which the person(a)-acted, executed the instrument. L. All HIIRDSON Notary Public • CHilornie Sen Diego County Commission Al2163629 allity Comm. Expires Sep 23.2020+ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hann(/d�)�aI Cndy/official seal. c�......a. ..,. 7 / Signature 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 Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(les) 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: