Loading...
Storm Water Management Facilities Maintenance Agreement 2021-0769362RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY, CA 92074 DOC# 2021-0769362 1111IIIIIIII IIIIIIIIIIIIIIII1 IIII11111111II1IIIIII III Nov 04, 2021 04:59 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PCOR: N/A PAGES: 29 (THIS SPACE FOR RECORDER'S USE) APN: 278-200-26 STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT Berg Residence MDRA 16-013 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) Derek D. Berg, (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", hereto (hereinafter referred to as the "PROPERTY"), which is being developed into a single-family residence and detached accessory dwelling unit, in accordance with applications for a Minor Development Review Application MDRA16-013, which is 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, Chapters 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": One Bioretention Basin located to the northeast of the proposed residence as shown on Exhibit "B". The precise location(s) and extent of the BMPs are indicated on the approved building plans on file with CITY's Development Services Department as B19-1655. 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 "C". Because additional impervious area may require the addition of or alteration of storm water management facilities 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. Incorporation of Recitals. The recitals set forth above are incorporated herein by this reference and constitute a part of this AGREEMENT 2. 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. 3. 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. 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, SWMFMA (B19-1655) Page 2 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. 5. 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. 6. 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 7 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 (specifically including but not limited to OWNER's alleged noncompliance with the Stormwater Ordinance), 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. 8. Allocation of Costs. Following the sale or transfer of any 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. 9. Agreement Binds Successors and Runs With the PROPERTY. It is understood and agreed SWMFMA (819-1655) Page 3 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. 10. 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. 11. 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. 12. 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. 13. Attorney's Fees. The prevailing party in any action or proceeding to enforce or interpret the terms of this Agreement shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter. OWNER: Derek D. Berg By: yat M 5 Date: W/V202, iJ (signature must be notarized) SWMFMA (B19-1655) Page 4 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 San Diego On March 13, 2020 before me, Date personally appeared Yvonne Mannion Notary Public Derek D. Berg Here Insert Name and Title of the Officer 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. YVONNE MANNION Notary Public -California San Diego County Commission # 2201766 My Comm. Expires Jun 18, 2021 Place Notary Seal Above 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 Signature of Notary Public 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: Storm Water Management Facilities Maintenance Agreement MDRA16-013 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 El Other: Signer Is Representing: Signer's Name: El Corporate Officer — Title(s): ❑ Partner — El Limited El General ❑ Individual El Attorney in Fact El Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ry ec�re�zcs z�ezu evuF ��y� ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CITY OF POWAY: Date: Robrt J. Manis Director of Development Services (signature must be notarized) APPROVED AS TO FORM: Office of the City Attgrne t t Alan Fenstermacher, City Attorney Attachments 1. Certificate of Acceptance 2. Exhibit A — Legal Description of Property 3. Exhibit B — BMP Map 4. Exhibit C — Operation and Maintenance Plan 1/4r// APPROVED AS TO CONTENT: Engineering Dom' 'on Me e.y City Eng ` eer P.E. SWMFMA (B19-1655) Page 5 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 San Diego On June 18, 2020 before me, Date personally appeared } Yvonne Mannion Notary Public Here Insert Name and Title of the Officer Robert J. Manis 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. YVONNE MANNION Notary Public -California San Diego County Commission x. 2201766 My Comm. Expires Jun 18, 2021 Place Notary Seal Above WITNESS my hand and official seal. Signature IIA? f tdi cart Signature of Notary Public 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: Storm Water Management Facilities Maintenance Agreement MDRA16-013 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 — 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 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 5 of the attached document dated 3/t/20Zo , from Derek D. Berg, 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: (fi �/(7/ CITY OF POWAY Seal: B Department of Development Services SWMFMA (B19-1655) Page 6 EXHIBIT "A" LEGAL DESCRIPTION LOT 2 OF CITY OF POWAY TRACT MAP 97-14, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NUMBER 18547, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 19, 2000 AS FILE NUMBER 2000-0501095 OF OFFICIAL RECORDS. EXHIPIT "5" I3MP MAP 1 i APN: 278-200-26 15904 RUNNING DEER TRAIL Flj-I) 4J GRAPHIC SCALE 1"=100' 0 100 200 300 253. 01 .7 8 PREPARED BY PASCO LARET SUITER & ASSOCIATES CIVIL ENGINEERING + LAND PLANNING + LAND SURVEYING 535 North Highway 101, Ste A, Solana Beach, CA 92075 ph 858.259.8212 ( fz 858.259.4812 I pleaenglneering.com „ U h:bA- G Project Name Berg Residence Project/Permit Number(s) Project Address Running Deer Trail, Poway, CA 92064 Assessor's Parcel Number(s) (APN(s)) 278-200-26 Project Watershed (Complete Hydrologic Unit, Area, and 906.20 Subarea Name with Numeric Identifier) Responsible Party for Construction Phase Developer's Name Pasco Laret Suiter & Associates Address 535 North Highway 101, Suite A Solana Beach, CA 92075 Email Address bardolino@plsaengineering.com Phone Number 858-259-8212 Engineer of Work Brian Ardolino Engineer's Phone Number 858-259-8212 Responsible Party for Ongoing Maintenance Owner's Name(s)* Derek Berg Address 2180 Chablis Court, Suite 111 Escondido, CA 92029 Email Address Phone Number *Note: If a corporation or LLC, provide information for principal partner or Agent for Service of Process. If an HOA, provide information for the Board or property manager at time of project closeout. 33 December 2017 Minimum Maintenance Requirements for Stormwater Facilities Bioretention Areas To preserve bioretention performance, the cells must be maintained. Like any landscape feature, bioretention areas must be pruned, mulched, and even initially watered and limed. Grassed bioretention cells are usually mowed. The need for rapid establishment requires bioretention cells to be limed, if indicated by a soil test. Additionally, plants may need to be spot -fertilized to ensure growth and survival in low P soils. Watering the plants every 2 to 3 days for a month or two helps ensure vegetation survival. The frequency of these tasks varies seasonally, with more frequent maintenance required in summer than in winter. Maintenance tasks unique to bioretention include occasional removal of mulch and the top layer of fill soil. Because clogging occurs most frequently at the top of the soil column, the bioretention basin rarely needs to be completely excavated. However, this has been necessary when the bioretention cell was located in an unstable drainage area. BIORETENTION MAINTENANCE TASKS Task Frequency Maintenance Notes Pruning 1 - 2 times / year Nutrients in runoff often cause bioretention vegetation to flourish. Mowing 2 - 12 times / year Frequency depends upon location and desired aesthetic appeal Mulching 1 - 2 times / year Mulch Removal 1 time / 2 - 3 years Mulch accumulation reduces available water storage volume. Removal of mulch also increases surface infiltration rate of fill soil. Watering 1 time / 2 - 3 days for first 1 - 2 months. Sporadically after establishment. If drought, watering after the initial year may be required. Fertilization 1 time initially One time spot fertilization for "first year" vegetation. Remove and Replace Dead Plants 1 time / year Within the first year, 10 percent of plants may die. Survival rates increase with time. Miscellaneous Upkeep 12 times / year Tasks include trash collection, spot weeding, and removing mulch from overflow device. BMP Swales and Landscape Areas The operational and maintenance needs of an IMP Basin are: • Vegetation management to maintain adequate hydraulic functioning and to limit habitat for disease -carrying animals. • Animal and vector control. • Periodic sediment removal to optimize performance. • Trash, debris, grass trimmings, tree pruning, and leaf collection and removal to prevent obstruction of a Swale and monitoring equipment. • Erosion and structural maintenance to prevent the loss of soil and maintain the performance of the Swale. Functional Maintenance Functional maintenance has two components: Preventive maintenance Corrective maintenance Preventive Maintenance Preventive maintenance activities to be instituted at an IMP Basin are: • 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 a Swale, 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 (Le., within ten working days) will be taken to restore the Swale to design performance standards. 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 has been designed so that fertilization and irrigation is not necessary. Fertilizers and irrigation will not be used to maintain the vegetation. • 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 a BMP Swale. Corrective maintenance activities include: • Removal of Debris and Sediment. Sediment, debris, and trash, which impede the hydraulic functioning of a Swale and prevent vegetative growth, will be removed and properly disposed. • Structural Repairs. Once deemed necessary, repairs to structural components of a Swale and its inlet and outlet structures will be done within 10 working days. • Embankment and Slope Repairs. Once deemed necessary, damage to the embankments and slopes of Swales will be repaired within 10 working days). • 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 Toss of soil and any subsequent danger to the performance of a Swale. There are a number of corrective actions than can be taken. These include erosion control blankets, riprap. Storm Water Conveyance System • Periodic inspections of the inlet and outlet areas to ascertain correct operation of system and to clean materials trapped on grates protecting catch basins and inlet area should be required monthly. o Routine sweeping and cleaning of impervious drainage areas will reduce floatables and sediment loading to underground stormwater conveyance system. • The primary maintenance concerns are removal of floatables that become trapped and removal of accumulating sediments within the system; this should be done at least on an annual basis. o Confined space safety procedures must be followed by workers entering an underground stormwater storage facility. o Sediments are best removed mechanically rather than flushing. If flushing is the only option then great care must be taken not to flush sediments downstream into native waters. • Any structural repairs required to inlet and outlet areas should be addressed in a timely manner on an as needed basis. • Local authorities may require annual inspection or require that they carry out inspections and maintenance. • The pump system must be tested and inspected before each rainy season and after each major storm event. BMP Maintenance Information Long-term performance of storm water BMPs requires routine maintenance of BMPs including structural and source control BMPs. A maintenance plan consists of determining BMP ownership, funding source, maintenance indicators, actions and frequencies. The following discusses the maintenance plan for the proposed project. Structural BMPs The structural treatment control BMP for the proposed project consists of one (1) biofiltration basin. The proposed biofiltration basin is a vegetated BMP. Table 1 below from the City of Poway BMP Design Manual, has been modified to summarize the applicable maintenance indicators and actions for the biofiltration basin. Table 1: Maintenance Indicators and Actions for Vegetated BMPs Accumulation of sediment, litter, or debris Remove and properly dispose of accumulatedmaterials, without 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 Erosion due to concentrated irrigation flow Repair/re-seed/re-plant eroded areas and adjust the irrigation system. Erosion due to concentrated storm water runoff flow Repair/re-seed/re-plant eroded areas, and make'-, appropriate corrective measures such as adding erosion control blankets, adding stone at flow entry points, or minor re -grading to restore proper drainage according to the original plan. If the issue is not corrected by restoring the BMP to the original plan and grade, the City Engineer shall be contacted prior to any additional repairs or reconstruction. Standing water in or biofiltration basin for longer than 96 hours following a storm event* Make appropriate corrective measures such as adjusting irrigation system, removing obstructions of debris or invasive vegetation, clearing underdrains (where applicable), or repairing/replacing clogged or compacted soils. Obstructed inlet or outlet structure Clear obstructions. Damage to structural components such as weirs, inlet or outlet structures Repair or replace as applicable. *These BMPs typically include a surface ponding layer as part of their function which may take 96 hours to drain following a storm event. Structural BMP Inspection and Maintenance Frequency The frequency of BMP inspection and maintenance is BMP and site specific. Minimally, BMPs should be inspected annually. Biannual evaluation of vegetation is recommended. Inspection of BMPs during and after major storm events is recommended. Table 2 below summarizes recommended inspection and maintenance frequency of storm water BMPs. Biofiltration Basins Table 2: Inspection and Maintenance Frequency Minimally once per year. During and after major storm events. Biannual evaluation of vegetation. Minimally once per year prior to August 31. Periodically as required based on maintenance indicators. Source Control BMPs Source control BMPs are intended to prevent impacts to storm water quality by controlling the pollutant at the source. Table 3 below summarizes the potential pollutant source and associated source control practice applicable to the proposed project. Landscape/outdoor pesticide use Table 3: Summary of Source Control BMPs Final landscape plans shall: Preserve existing drought tolerant trees, shrubs, and ground cover to the maximum extent possible. Be designed to minimize irrigation and runoff, promote surface infiltration where appropriate, and minimize the use of fertilizers and pesticides. Specify plants that are tolerant of periodic saturated soil conditions for areas used to retain or detain stormwater. Consider the use of pest -resistant plants, especially adjacent to hardscape. Select plants appropriate to site soils, slopes, climate, sun, wind, rain, land use, air movement, ecological consistency, and plant interactions. Maintain landscaping using minimum or no pesticides. Responsible Party The party responsible for Tong -term maintenance and funding is: Derek Berg 2180 Chablis Court, Suite 111 Escondido, CA 92029 Long-term Maintenance Documentation The responsible party is required to provide documentation of BMP maintenance. Documentation may include information including but not limited to inspection dates, results, maintenance activities, and photos. Maintenance documentation must be kept for a minimum of 5 years. PR-1 Biofiltration with Partial Retention BMP MAINTENANCE FACT SHEET FOR STRUCTURAL BMP PR-1 BIOFILTRATION WITH PARTIAL RETENTION Biofiltration with partial retention facilities are vegetated surface water systems that filter water through vegetation and soil or engineered media prior to infiltrating into native soils, discharge via underdrain, or overflow to the downstream conveyance system. These BMPs have an elevated underdrain discharge point that creates storage capacity in the aggregate storage layer. Typical biofiltration with partial retention components include: • Inflow distribution mechanisms (e.g., perimeter flow spreader or filter strips) • Energy dissipation mechanism for concentrated inflows (e.g., splash blocks or riprap) • Shallow surface ponding for captured flows • Side slope and basin bottom vegetation selected based on climate and ponding depth • Non -floating mulch layer • Media layer (planting mix or engineered media) capable of supporting vegetation growth • Filter course layer consisting of aggregate to prevent the migration of fines into uncompacted native soils or the aggregate storage layer • Aggregate storage layer with underdrain(s) • Uncompacted native soils at the bottom of the facility • Overflow structure Normal Expected Maintenance Biofiltration with partial retention requires routine maintenance to: remove accumulated materials such as sediment, trash or debris; maintain vegetation health; maintain infiltration capacity of the media layer; replenish mulch; and maintain integrity of side slopes, inlets, energy dissipators, and outlets. A summary table of standard inspection and maintenance indicators is provided within this Fact Sheet. Non -Standard Maintenance or BMP Failure If any of the following scenarios are observed, the BMP is not performing as intended to protect downstream waterways from pollution and/or erosion. Corrective maintenance, increased inspection and maintenance, BMP replacement, or a different BMP type will be required. • The BMP is not drained between storm events. Surface ponding longer than approximately 24 hours following a storm event may be detrimental to vegetation health, and surface ponding longer than approximately 96 hours following a storm event poses a risk of vector (mosquito) breeding. Poor drainage can result from clogging of the media layer, filter course, aggregate storage layer, underdrain, or outlet structure. The specific cause of the drainage issue must be determined and corrected. • Sediment, trash, or debris accumulation greater than 25% of the surface ponding volume within one month. This means the load from the tributary drainage area is too high, reducing BMP function or clogging the BMP. This would require pretreatment measures within the tributary area draining to the BMP to intercept the materials. Pretreatment components, especially for sediment, will extend the life of components that are more expensive to replace such as media, filter course, and aggregate layers. PR-1 Page 1 of 11 January 12, 2017 PR-1 Biofiltration with Partial Retention • Erosion due to concentrated storm water runoff flow that is not readily corrected by adding erosion control blankets, adding stone at flow entry points, or minor re -grading to restore proper drainage according to the original plan. If the issue is not corrected by restoring the BMP to the original plan and grade, the [City Engineer] shall be contacted prior to any additional repairs or reconstruction. Other Special Considerations Biofiltration with partial retention is a vegetated structural BMP. Vegetated structural BMPs that are constructed in the vicinity of, or connected to, an existing jurisdictional water or wetland could inadvertently result in creation of expanded waters or wetlands. As such, vegetated structural BMPs have the potential to come under the jurisdiction of the United States Army Corps of Engineers, SDRWQCB, California Department of Fish and Wildlife, or the United States Fish and Wildlife Service. This could result in the need for specific resource agency permits and costly mitigation to perform maintenance of the structural BMP. Along with proper placement of a structural BMP, routine maintenance is kev to preventing this scenario. PR-1 Page 2 of 11 January 12, 2017 PR-1 Biofiltration with Partial Retention SUMMARY OF STANDARD INSPECTION AND MAINTENANCE FOR PR-1 BIOFILTRATION WITH PARTIAL RETENTION The property owner is responsible to ensure inspection, operation and maintenance of permanent BM Ps on their property unless responsibility has been formally transferred to an agency, community facilities district, homeowners association, property owners association, or other special district. Maintenance frequencies listed in this table are average/typical frequencies. Actual maintenance needs are site -specific, and maintenance may be required more frequently. Maintenance must be performed whenever needed, based on maintenance indicators presented in this table. The BMP owner is responsible for conducting regular inspections to see when maintenance is needed based on the maintenance indicators. During the first year of operation of a structural BMP, inspection is recommended at least once prior to August 31 and then monthly from September through May. Inspection during a storm event is also recommended. After the initial period of frequent inspections, the minimum inspection and maintenance frequency can be determined based on the results of the first year inspections. Threshold/Indicator Maintenance Action Typical Maintenance Frequency Accumulation of sediment, litter, or debris Remove and properly dispose of accumulated materials, without damage to the vegetation or compaction of the media layer. • Inspect monthly. If the BMP is 25% full* or more in one month, increase inspection frequency to monthly plus after every 0.1-inch or larger storm event. • Remove any accumulated materials found at each inspection. Obstructed inlet or outlet structure Clear blockage. • Inspect monthly and after every 0.5-inch or larger storm event. • Remove any accumulated materials found at each inspection. Damage to structural components such as weirs, inlet or outlet structures Repair or replace as applicable. • Inspect annually. • Maintenance when needed. Poor vegetation establishment Re -seed, re -plant, or re-establish vegetation per original plans. • Inspect monthly. • Maintenance when needed. Dead or diseased vegetation Remove dead or diseased vegetation, re -seed, re -plant, or re-establish vegetation per original plans. • Inspect monthly. • Maintenance when needed. Overgrown vegetation Mow or trim as appropriate. • Inspect monthly. • Maintenance when needed. 2/3 of mulch has decomposed, or mulch has been removed ""25% Remove decomposed fraction and top off with fresh mulch to a total depth of 3 inches. • Inspect monthly. • Replenish mulch annually, or more frequently when needed based on inspection. full" is defined as Y. of the depth from the design bottom elevation to th f h e ��, o t e outflow structure (e.g., If the height to the outflow opening is 12 inches from the bottom elevation, then the materials must be removed when there is 3 inches of accumulation —this should be marked on the outflow structure). PR-1 Page 3 of 11 January 12, 2017 PR-1 ---..••••.,• • vwsgiai I GINQI fiCLCIILM SUMMARY OF STANDARD INSPECTION AND MAINTENANCE FOR PR-1 BIOFILTRATION WITH PARTIAL RETENTION (Continued from Threshold/Indicator Maintenance Action previous page) Typical Maintenance Frequency Erosion due to concentrated irrigation flow g Repair/re-seed/re-plant eroded areas and adjust the irrigation system. • Inspect monthly. • Maintenance when needed. Erosion due to concentrated storm water runoff flow Repair/re-seed/re-plant eroded areas, and make appropriate corrective measures such as adding erosion control blankets, adding stone at flow entry points, or minor re -grading to restore proper drainage according to the original plan. If the issue is not corrected by restoring the BMP to the original plan and grade, the [City Engineer] shall be contacted prior to any additional repairs or reconstruction. • Inspect after every 0.5-inch or larger storm event. If erosion due to storm water flow has been observed, increase inspection frequency to after every 0.1-inch or larger storm event. • Maintenance when needed. If the issue is not corrected by restoring the BMP to the original plan and grade, the [City Engineer] shall be contacted prior to any additional repairs or reconstruction. Standing water in BMP for longer than 24 hours following a storm event Surface ponding longer than approximately 24 hours following a storm event may be detrimental to vegetation health Make appropriate corrective measures such as adjusting irrigation system, removing obstructions of debris or invasive vegetation, clearing underdrains, or repairing/replacing clogged or compacted soils. • Inspect monthly and after every 0.5-inch or larger storm event. If standing water is observed, increase inspection frequency to after every 0.1-inch or larger storm event. • Maintenance when needed. Presence of mosquitos/larvae For images of egg rafts, larva, pupa, and adult mosquitos, see htto://www.mosouito.ore/biologv If mosquitos/larvae are observed: first, immediately remove any standing water by dispersing to nearby landscaping; second, make corrective measures as applicable to restore BMP drainage to prevent standing water. If mosquitos persist following corrective measures to remove standing water, or if the BMP design does not meet the 96-hour drawdown criteria due to release rates controlled by an orifice installed on the underdrain, the [City Engineer] shall be contacted to determine a solution. A different BMP type, or a Vector Management Plan prepared with concurrence from the County of San Diego Department of Environmental Health, may be required. • Inspect monthly and after every 0.5-inch or larger storm event. If mosquitos are observed, increase inspection frequency to after every 0.1-inch or larger storm event. • Maintenance when needed. Underdrain clogged Clear blockage. • Inspect if standing water is observed for longer than 24-96 hours following a storm event. • Maintenance when needed. PR-1 Page 4 of 11 January 12, 2017 n Biofiltration with Partia 0 0 0 O " O o E U • 0 3 3'I IS N co 2 u c c N ._ cy a) d E cc a O 0 3 0 0 t6 t resources E 0, N N 0 E t X Q) c c 3 3 Page Intentionally Blank for Double -Sided Printing Date: Permit No.: Property/ Development Name: Property Address of BMP: Inspector: APN(s): PR-1 Biofiltration with Partial Retention BMP ID No.: Responsible Party Name and Phone Number: Responsible Party Address: INSPECTION AND MAINTENANCE CHECKLIST FOR PR-1810FILTRATION WITH PARTIAL RETENTION PAGE 1 of 5 Threshold/Indicator Maintenance Recommendation Date Description of Maintenance Conducted Accumulation of sediment, litter, or debris Maintenance Needed? ❑ YES 0 NO ❑ N/A 0 Remove and properly dispose of accumulated materials, without damage to the vegetation ElIf sediment, litter, or debris accumulation exceeds 25% of the surface ponding volume within one month (25% full*), add a forebay or other pre-treatment measures within the tributary area draining to the BMP to intercept the materials. 0 Other / Comments: Poor vegetation establishment Maintenance Needed? El YES ❑ NO 0 N/A •"25% full" is defined as Y. of the depth from the desi 0 Re -seed, re -plant, or re-establish vegetation per original plans ElOther / Comments: n bott I h g om a evation tot a crest of the outflow structure (e.g., if the height to the outflow opening is 12 inches from the bottom elevation, then the materials must be removed when there is 3 inches of accumulation — this should be marked on the outflow structure). PR-1 Page 7 of 11 January 12, 2017 i O c re co i a COM • CO a co 00 0 n c an Z Ln 0 W a Z 0 1- Z r K tY a F z 0 Q cc 0 a-1 a. a. cc O 1- u u W u Z z Q Z Q O a su 0 u 1 c c w 4- 0 O Y a 0 0 4- 10 c c v E E u CC m 0 M C m 2 ❑ Other / Comments: ❑ Mow or trim as appropriate ❑ Other / Comments: ❑ ❑ 0 0 0 0/ H 0 4-7 m 0a > N f0 a, -a 0 N 0 Maintenance Needed? }o z z ❑ ❑ ❑ Overgrown vegetation Maintenance Needed? Ln } z z ❑ ❑ ❑ as -c -c 0 E `o N 0 0 n 73 ra 0 N Lc O _c > 3 O E E v 0 a1 N .O Maintenance Needed? >- z z ❑ 0 ❑ r, 0 Q o CU a-1 c L a CO CL c co 0 Z 0 a 2 0 4.4 cl) a c ui -. 0 z E .a m W z 0 1- Z N CC J CZ a r Z 0 _O m !H a. a 0 cosu. 2 O a a c 0 u° 0 m ai Y 0 O a 0 a d Y 0 nt eroded areas and E m >. c a 0 .47 a tia . v= 0.c cL � N a "O ❑ Other / Comments: • • s o C H y '," . G7 L C @ N N c no O O cora c o L 0. L Ql• 0. _ N a) Ja i... a m 0 fO h "O E 0 '5 Q. OD a OD v C ✓ v • a >.-o;g 0 v> c o `o .0 c c m W a) o 0 t 0 C 0 L O L .44 c N Y y O C O O y0 6! a -O r u .n 3 t- - o_ 0 0 0_ b o m m Q C.c if N M N ate-, C -0 N v T.:OO M Y Oq o a c w $ c o v fO LI • a o o`n " s c _o a m CO 404.1 • +0 c `0 ---".a- it, bd (0 H W �Q L 2 C 0 C h d N io rO V -O C_ 'M- a O) 4- T E' m E o +s-. m �? m ❑ ❑ ❑ Other/Comments: O M u O s m s r 0 c 0 m m '0 ro C a c 0 V 0 v O 0 w Maintenance Needed? w O > z z ❑ ❑ ❑ N E 0 a 0) m C 0 V 0 0 u 0 Y m a 0 0 C 0 0 2 2 Maintenance Needed? w O > z Z 0 0 0 4- • _o CO CO 0 0 z E N a 0 W a a z 0 z w J a et a .T. z 0 a m 0 OC 0. et O LL N Q C z a O a v M 0 O 0 O CO O v E E 0 ec a V O t0 O O C) c co 0 0 0) 0 ❑ Other / Comments: ❑ Clear blockage ❑ Other/Comments: ❑ Repair or replace as applicable ❑ Other / Comments: 0 u O 0 t m H Maintenance Needed? > z z ❑ ❑ ❑ v- v cc m m la N -0 v c 00 c O �, � O LC v aa) o a4) ❑. .0 c cu E a o CU VI VI kW (a0 N c 0 0 • 3 , c 3 0 co no 12 v c = a) 0 0 'p m C -if, c vva 01 Maintenance Needed? tu r z z ❑ ❑ ❑ an ro c a) C 0 E 0 u v 0 v et E 0 3 Maintenance Needed? )- zz ❑ ❑ ❑ Date: PR-1 Biofiltration with Partial Retention Permit No.: Inspector: APN(s): BMP ID No.: INSPECTION AND MAINTENANCE CHECKLIST FOR PR-1 BIOFILTRATION WITH PARTIAL RETENTION PAGE 5 of 5 Threshold/Indicator Maintenance Recommendation Date Description of Maintenance Conducted Standing water in BMP for longer than 24 hours following a storm event* Surface ponding longer than approximately 24 hours following a storm event may be detrimental to vegetation health Maintenance Needed? ❑ YES ❑ NO 0 N/A 0 Make appropriate corrective measures such as adjusting irrigation system, removing obstructions of debris or invasive vegetation, clearing underdrains, or repairing/replacing clogged or compacted soils 0 Other / Comments: Presence of mosquitos/larvae For images of egg rafts, larva, pupa, and adult mosquitos, see htto://www.mosquito.ore/bioloKY 0 Apply corrective measures to remove standing water in BMP when standing water occurs for longer than 24-96 hours following a storm event.** 0 Other/Comments: Maintenance Needed? 0 YES ❑ NO 0 N/A * rf Su ace pondma lunges .han approximately 24 hours following a storm event may be detrimental to vegetation health and surface ponding longer than approximately 96 hours following a storm event poses a risk of vector (mosquito) breeding. Poor drainage can result from clogging of the media layer, filter course, aggregate storage layer, underdrain, or outlet structure. The specific cause of the drainage issue must be determined and corrected. **If mosquitos persist following corrective measures to remove standing water, or if the BMP design does not meet the 96-hour drawdown criteria due to release rates controlled by an orifice installed on the underdrain, the [City Engineer] shall be contacted to determine a solution. A different BMP type, or a Vector Management Plan prepared with concurrence from the County of San Diego Department of Environmental Health, may be required. PR-1 Page 11 of 11 January 12, 2017