Storm Water Management Facilities Maintenance Agreement 2019-0036869 •
DOC# 2019-0036869
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Jan 31, 2019 03:30 PM
RECORDING REQUESTED BY: OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
CITY OF POWAY SAN DIEGO COUNTY RECORDER
$0.00)
FEES: $0.00
AND WHEN RECORDED MAIL TO: PAGES: 23
•
CITY CLERK
CITY OF POWAY
P 0 BOX 789
POWAY, CA 92074
(THIS SPACE FOR RECORDER'S USE)
APN: 317-271-01, 317-271-07, 317-271-12, 317-271-13 & 317-271-18, 317-271-90, 317-271-91, 317-271-92,
317-271-93, & 317-271-94
STORM WATER MANAGEMENT FACILITIES
MAINTENANCE AGREEMENT
Tech Center West
(G17-0003)
The undersigned grantor(s)declares:
Documentary Transfer Tax is$-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) Tech Business Center Ventures LP., a California Limited
Liability 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 in Exhibit "A" (hereinafter referred to as the "PROPERTY"), which is being
developed into seven industrial buildings, in accordance with applications for a Development Review
16-016 and Grading Permit Number G17-0003, 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":
Biofiltration basins located along the street frontage for Flint Place, Paine Place, and Dearborn
Place.
The precise locations and extent of the BMPs are indicated in the approved Storm Water Quality
Management Plan, dated August 23, 2017, and on the approved grading plans on file with CITY's
Development Services Department as G17-0003. 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:
1. 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
SWFMA Tech Center West (G17-0003) 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
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.
SWFMA Tech Center West (G17-0003) 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.
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.
APN: 317-271-01, 317-271-07, 317-271-12, 317-271-13 & 317-271-18, 317-271-90, 317-271-91,
317-271-92, 317-271-93, & 317-271-94
OWNER: Tech Business Center Ventures LP., a California Limited Liability Partnership
By: • Date: I/2-�2-0' t
Theodore Tchang, President
(signatures must be notarized)
•
SWFMA Tech Center West (G17-0003) Page 4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE§ 1189
tererre er rerr Peerranmmarrcw4WAM .^"WP" retFett^rr.es-ere,N:crrcrrr.-r tt.erere.ra elretWrtee'Pere4
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 c vv.4.a 12Z,Zol er before me, Nancy C. Lane, Notary Public
Date 1 I Here Insert Name and Title of the Officer
personally appeared --ike batrt TG
Names of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) is/ape- •
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in •
his/her/ttaeir authorized capacity(ies),and that by his/hr/their signature(s)on the instrument the person(,
or the entity upon behalf of which the person(e) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
a<+o
NANCY C. LANE is true and correct.
ViaCommission #2117968 WITNESS my hand and official seal.
Vt .a Notary Public •California
San Diego County
My Comm.Expires Jul 26,2019 Signature
. V
.. vvv • vvvo vv
Sig : ure 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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑Corporate Officer — Title(s): _ 0 Corporate Officer — Title(s):
❑Partner — 0 Limited 0 General 0 Partner — 0 Limited 0 General
❑Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact
❑Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator
❑Other: 0 Other:
Signer Is Representing: Signer Is Representing:
wuusnscLc.w1.�.wY.iXw`S.i.'Lc'RdxlwsMu'4c.Sd,rwS.Ms.�.LCA,S.w'S.aul(.Lou'W'1.cSw3.GWuwuYN.uwun.:.R.s+.�rf.1.44
032016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
CITY OF OWAY:
Date: /7671
I
Robert J. Manis
Director of Development Services
(signature must be notarized)
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
• Office of the City Attorney Engineering Division
(LAA (/�i r •••• e
Alan Fenstermacher, City Attorney Melody Roar
Acting City Engineer
•
Attachment '
1. Certificate of Acceptance
2. Exhibit°A°— Legal Description
3. Exhibit"B°—O&M Plan •
•
•
M:lengservlLend Development Projects12017\G17-0003 Tech Center West.SWFMA.doa •
SWFMA Tech Center West (G17-0003) 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 10111 1 I '1 , from
HCP LS Poway I, LLC and HCP LS Poway II, 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. 17-007 adopted on April 18, 2017.
Dated: I /30/1y CITY OF POWAY
Seal: By: , #
R-kbert J. Manis
Department of Developme services
G`�,� OF POlp
jtolimat
�� ct
Com" !h' THE
SWFMA Tech Center West (G17-0003) Page 6
EXHIBIT "A" •
LOTS 1,6,7, 12, 13&18 OF CITY OF POWAY TRACT 86-02R(1)POWAY CORPORATE CENTER UNIT 1, IN
THE CITY OF POWAY,COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF
NO.12853,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,AUGUST 19,1991.
PARCELS 1,3,4,5,6,OF PARCEL MAP NO. 16740,IN THE CITY OF POWAY,COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
JANUARY 10, 1992.
•
EXHIBIT "B"
OPERATION & MAINTENANCE (O&M) PLAN
1
1. Contents
1. PROJECT DESCRIPTION 1
2. OPERATION& MAINTENANCE(O&M)PLAN 1
3. Operation & Maintenance of BMP'S 1
A. Training 2
B. Landscaping • 2
C. Irrigation System 5
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
B1.Cost Estimate
Cl.BMP Training Log
DI.Inspection&Maintenance Log
•
•
1. PROJECT DESCRIPTION
Commercial Development.
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
Tech Contractors c/o Ted Tchang •
3573 Kenyon Street, Suite 200,San Diego,CA 92110
619 223-1663 •
ted@techbilt.com
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.
1
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 CI 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.
• 2
•
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.
• 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.
3 •
•
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.
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
4
•
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 as a minimum. The following items shall be
checked to insure that they are functioning properly:
The Irrigation system shall be checked each week as a minimum. The following items shall be •
checked to insure that they are functioning properly:
• Shut-off devices
• 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 therain 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.
l '
5
•
F. Structural BMP: Biofiltration
Vegetated Infiltration or Filtration BMP
Maintenance Indicators and Actions for Vegetated BMPa
• FyjiicalM tntananccdl',Weil tut(s). *�
pl norm ncc.Actions•
for Ytbii:itcd"B\f l',i 2 �, •• __.y_.,. ,. .
Accipnvladon of- sedlmenS. LtaPr or Remove andap^gpely a0ba of acnimtilated tnatet1 without:
debas,i:r . ..._ ,.. fir .. _ . d,triagerodne,vegemdnn ... .'5> .._.:>',-',
Poor vegetation establishment Re-seed,re-plant,or re-establish vegetation per original plans.
Overgrown vegetation, - Mow or trim'as,eppropnate�but not less than t6e'deslgn hught:of
:., �: ,< the.vegemnon.pec oaginsl,pliina,wheq'apphcaisk (e:g:a vegetated
- .... , _,.... , ;.,; swsk mey require a mtnnaivayvegetattonheight) .. .1 c,
Erosion due to concentrated irrigation Repair/re-seed/re-plant eroded areas and adjust the irrigation
flow system.
Erosion'- due ,ro..concenttated., storm Reliair/re seed/re-plei t 'eroded areas and make •pppropnate
waxer runoff flow correcnve tntuuuessuch as adding erasion conttol5blankets
i t ' addu g stone et flow entry,points or minor re-grading ao restore
proper dramage accordnng;to the oaginal;plan if,thetsart a not
, co d by restorutg the BMP,to the original plaq andtigradc,
Tfie-County miist be contacted pate to..any addwwoiial-ieparra of
n
. . . ¢coinstrucnon.. . . .. .. . r `.. .
Standing water in vegetated wales 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,;'Pity.staff
het;Watershied•Protectiori_Progietn must be contacted prior to any
additional repairs or reconstruction.
Standing water- :'m bioretention, Make appropriate coaecdve:thiamin-8such as adjiiitiste irrigation
biofiltration wick„partial retention or •sye em, removing obstiucaoas af'debris,.ar mvaup5;.vegetadori;
brofiltradon areas, ;or flowthrough cleating ,undcrdrams (where�appbeable) :or'tepaiang/replaong
planter boxes for longer than:964hopra Slogged ox compacted coils
> y
following a storm evert* r r '- r _.
v
Obstructed inlet or outlet structure Clear obstructions.
Damage to st uctural.components such Repair or replace°as applicabl . r' `
wec
es irs;inlet of outlet structures: ,,. -,, t �
..,.. ._. ... ,._. .._... , ..... ..,..:r � ..> - .,.... _ .. ...ere ,. - :
''These BMPs typically include a surface ponding layer as part of their function which may take 96 hours to
drain following a storm event.
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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.
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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(f)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.
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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: •
I. For County of San Diego vector educational brochures please reference the following website:
http://www,sdcounty.ca.¢ov/deh/pests/vector_disease,html
2. Please contact the County of San Diego vector control program with specific questions or •
concerns.
•
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ATTACHMENT"Al"
INSPECTION & MAINTENANCE SCHEDULE ;
PREVENTATIVE MAINTENANCE AND ROUTINE INSPECTION •
TYPE BMP Routine Action Maintenance Maintenance MAINTENANCE SITE-SPECIFIC
•
Indicator Frequency
ENTS '
Landscaping 8 Proper Irrigation Less than 80% 30 days prior to Re-plant Repair All slopes and
Irrigation 8 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 bund up of 30 days prior to Remove all trash Ail Roof to be free
removal of silt, more than 1'no October let each and slit and repair from trash and slit
sedimentation& trash year and weekly any damage to and In good repair
Debris during rain season. roof drains,
Bioretentionf Trash free and Silt build up of 30 days prior to Remove trash and All blo-fillers to be
Biofiltration removal of silt. more than 2 no October let 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 soli and maintained •
ponded water, then 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 stendling Apples to all
Conveyance at all times and or illegible days prior to October end/or replace stendling and ,
system have a dear letters or 1st each year 8 signs 30 days signs
Stenciling 8 view. monthly during rainy• prior to October •
Signing season 1st.
Outlet Must be kept Slit debris. 30 days prior to Silt,debris,trash AU outlet structures
• Stmctures functional at all trash October 1st each acamulation and shall be kept
i 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.
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ATTACHMENT "B1"
Annual Estimate to Maintain all BMPs Annual 10-Year
Landscaping&Bioretention/Biofiltration
Maintenance of landscaping and bio-filters is already included in the
property management responsibilities.Additional cost: $400 $4,000
Irrigation System:
Inspection and maintenance of the irrigation system is already included
in the property management responsibilities,Additional cost: $100 $1,000
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. $100 $1,000
Stonndrain Signage (As needed or every 2 years) $100 $1,000 •
Total Estimated Annual Cost to Maintain BMPs $700 $7,000
•
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ATTACHMENT "C1"
BMP TRAINING LOG •
Personnel
Date Type of Training Trained Trainer •
MOIDay/yr
•
•
I ,
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ATTACHMENT "Dl" •
INSPECTION AND MAINTENANCE LOG
Name of Date Repair made and
BMP TYP& DATE Person Description of BMP Condition/ Description repair
Description repair required if
LOCATION MIDIY Inspecting any made and by who •
•
•
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