Storm Water Facilities Maintenance Agreement 2022-0349735RECORDING REQUESTED BY:
CITY DFPOVVAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OFPOVWAY
PQBOX 78Q
APN:314'370-O5-0O
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Sep 01' 2022 09:00 AM
OFFICIAL RECORDS
ErneetJ. Onononburg.Jr..
GANOIEGOCOUNTY RECORDER
FEES: $112.00 (GB2Atkins: $0.00)
PCOR: N/A
PAGES: 29
(THIS SPACE FORREC0RDER's USE)
STORM WATER FACILITIES MAINTENANCE AGREEMENT Lyon Estates
The undersigned 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 GtnrDl Water Facilities is entered into
between the Property CkwDorAa NEW P[)}NTE INVESTMENT 43 LLC. (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 iOinterest tothe CITY orthe OWNER, and the public generally.
WHEREAS, OWNER is the owner of certain real property located in the City of Poway,California, more
particularly in Exhibit "A", hereto (hereinafter referred to as the "PROPERTY"), which is being developed
into aten-lot subdivision, in accordance with applications for a Tentative Tract Map 16-005 and Grading
Permit NUrnbe[G21-O013. which are oDfile with the CITY. This Agreement is required as a condition
of approval for such development.
WHEREAS, in accordance with the City of StormmaterN18O@genle[t and Discharge Control
C>FdingnCe, PDVv@y K8uOiCip8| Code, Chapters 13 and 16 (the "StnOnm/at8r {}Pd{DaOoe")` the City of
POvv8y Subdivision Ordinance, the City of PDVv8y 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 Facilities which are identified as "Best Management Practices" or "BMPs".-
TwoBk)filt[atioxlBmsina|oC@tedO8a[th8SoUthvvestc0rOerOfthe site as shown onExhibit =B[.
The precise |ooetion(9) and extent ofthe BMPeare indicated onthe approved grading plans onfile with
C|TY's Development Services Departmentoo G21-0013. The manner and standards bvwhich the
BMPe 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 isattached hereto and incorporated herein asExhibit ^C"
Because GddibOOg| impervious area may require the GdddU0D Of or alteration Of storm water facilities
and strategies,nnimpervious area may be added b]the project site without priorapproval from the City
Engineer. Additional impervious area includes, but is not limited to. patio cove[s, h8ndSC8pe
iDlp[Dve[nents, and building additions.
WHEREAS, OVVNEF{'e representations that the BK8Pa will be maintained have been relied upon by
CITY inapproving CNVNER'Sdevelopment applications. It is the purpose 0fthis Agreement toassure
that the BMPe are nl8irtoined, by creating obligations that are enforceable against the OWNER and
the [)VVKJER`e successors in interest in the PROPERTY. It is intended that these obligations be
enforceable notwithstanding other provisions related to BK8P 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:
Incorporation of Recitals. The recitals set forth above are incorporated herein by this reference
and constitute a part of this AGREEMENT
2. 0lmint*nonom of Storm Water Facilities. OWNER ograea, 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, 8tits 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 tVall Ofthe BMPSlisted above, atthe times and inthe manner specified iD
the CJ&K8 PLAN. OWNER shall keep records of this maintenance and provide copies Of such
records and annual certification ofmaintenance asrequested bvCITY. OWNER shall initiate,
perform and complete all MAINTENANCE ACTIVITIES otthe 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 BK8Ps in the event of failure.
Replacement shall be with an identical type, size and model of BMP, except that:
(s) The City Engineer may authorize substitution of an alternative BK8P if he or she
determines that it will be as effective as the failed BMP; and
(b) If the failure of the BK8P. in the 'udornerd of the City Engineer, indicates that the BK8P in
use iSinappropriate or inadequate to the circumstances, the BK8Pmust bemodified or
replaced with 8 more effective B&§P to prevent future failure in the same Or Si0i|g[
3. Notices. {3\88NER further agrees that it shall, prior to transferring ownership Of any land on
which any of the above BK8Po are located, or any lot or portion of the PROPERTY which is
served by the above BK8PS, and also prior to transferring ownership of any such ByNP, provide
clear written notice of the above described maintenance obligations to the transferee.
4. C|TY'm Right to Perform K0oimtemomom' It is agreed that CITY shall have the right, but not the
obligation, tOelect [operform any o[all ofthe MAINTENANCE ACTIVITIES if, inthe CU-Y'osole
judgment, [}VVNEFl has failed to perform the GGOne. Such OO8iOteDaDc8 by the CITY shall be
conducted in accordance with the nuisance abatement procedures set forth in Poway Municipal
Code ChaoterO.72. In the 000e of maintenance performed by the C}|TY, it may be performed
by CITY forces, or contractor hired by the CITY, at the C|TY'o sole election. It is recognized
and understood that the CITY makes no representation that it intends to or will perform any of
the MAINTENANCE ACT|V|TIE8, 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 aQPee[O8DL 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 bewithout warranty Orrepresentation byCITY aSto safety Oreffectiveness,
shall be deemed to be accepted by OWNER "as |s". and ohGU be oOVeF9d by OWNER'S
indemnity provisions below.
SWFMA (G21-0012) Page
If CITY performs any of the MAINTENANCE ACTIVITIES, after CITY has demanded that
OWNER perform the same and OWNER has failed LodoS0within areasonable time stated iD
the C|TY`o deDloOd. then OWNER shall pay all OfC|TY'a costs incurred in performing the
MAINTENANCE ACT|V|T|ES, p|US an administrative fee. (]VVNER's obligation to pay C|TY'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 met forth in Poway
Municipal Code Chapter 872.
5 G����s�m���[�O�' ERhen�g����|�a�m�el e�m�me���
' and across those portions ofPROPERTY described in Exhibit~[7 and shown in Exhibit"E^. for
purposes of accessing the BK8PS. {D8p8CUng the BK8PS, and performing any of the
MAINTENANCE ACTIVITIES Specified in Paragraph 1 above. CITY shall have the right, at any
time and upon reasonable notice to {}\8/NER|, toenter upon any part ofsaid area an may be
necessary D[convenient for such purposes. OWNER shall adall times maintain the PROPERTY
ooantomake C|T\~'aaccess clear and unobstructed.
0 Administration of Agreement for CITY. CITY hereby the City Engineer as the
� officer charged with poneibi|dvand aUthohtvtVadrDiOiat8rthis Aor8ennerd0Dbehe�OfCITY.
Any notice or communication b]'the City related d to the implementation of this Aon8Srnent shall
beaddressed to:
City Engineer
City of Poway
13325Civic Center Drive
Poway, CAS2OO4
7 [�efenmeand |nder�nitv' <�|TYohaUnot beliable fo�and [y&��ERand �ssuccessors ininterest
� shall defend and indemnify CITY and the employees and agents of CITY (collectively "CITY
\
PART|ES",against any and
' all daiOOs.deO8@nds.liability, udgD0erds.aVvaPds.�ngS.mechanic's
liens or 'e[liens, labor disputes, losses, damages, expenses, charges nFcosts 0fany kind nr
chor8Cte[, including attorneys' fees and court costs (hereinafter collectively referred to as
"CLAIMS"), related hJthis /�o[e9rOeDt/Sp8CificaUyincluding but not UDl\t8dtO [)VVNER'S allegednonC0Dlp|�OceVvithth8��to- xVot8[(]rdinaAue\,and arising either directly orindirectly from any
act, error, omission or negligence of (]VVNER. OVVNER'e oucoanoore, or their contractore,
liceDs8eG, agento, servants or employees, \Oduding, without limitation, dai[DG caused by the
concurrent negligent @Ct. 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
ifitisdetermined byacourt Ofcompetent jurisdiction that such claim was caused bythe sole
negligence O[willful misconduct [fCITY PARTIES. Nothing iDthis Agreement, C|TY'Sapproval
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 orliability therefore unless otherwise provided by applicable law.
8. Allocation mfCosts. Following the sale ortransfer ofany individual residential lots bvOWNER,
the cost of the MAINTENANCE ACTIVITIES required by this Agreement shall be divided equally
by GU lot owners, and paid by each lot [mVnero[his Drher heirs, assigns and SuCCeSso[G in
'= interest. This requirement shall
be binding on all lot owners in the subdivision, and each shall
be responsible for his or her equal share of the cost associated with the maintenance.
8. Agreement Binds Successors and Runs With the PROPERTY. KiBunderstood and agreed
Page
that the t8rmg. covenants and conditions h9naiD contained shall constitute covenants running
with the land and shall be binding upon the h8inS, e:GoUtOnS` adnnin{StGtoro, successors and
assigns OfOWNER and CITY, shall bSdeemed tob8for the benefit of all persons owning any
interest in the PROPERTY (including the interest of CITY Or its successors in the easement\.
granted herein). |tiSthe intent 0fthe p@��Agreement
shall be binding upon GU persons purchasing or otherwise acquiring all Drany |oL, unit or other
portion of the PROPERTY, who shall be deemed to have consented to and become bound by
ail the provisions hereof.
10. QWNER's Continuing Responsibilities VVhmna Work Commenced or Permit Obtained.
Notwithstanding any other provision of this Aoree[neD[. no transfer or conveyance of the
PROPERTY or any portion thereof shall in any way relieve OWNER Vforotherwise 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, onaccount OfOWNER having obtained apermit 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 F8|e8Sed from the covenants set forth herGiD, by a release,
which CITY may execute if it det9nniOae that another mechanism will assure the ongoing
maintenance ofthe BK8Peorthat itisnOlonger necessary tOassure such maintenance.
12. Governing L�and ���bR��� shall be ��m����e��
of California. Venue inany 8Cbo'related to this Agreement shall beiOthe Superior Court nfthe
State of California, C|ountv of San Diego. OWNER hereby vveiVee 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 beaffected thereby.
13. Attoromy'm Fees. The prevailing party in any action or proceeding to enforce or interpret the
terms of this A�FHe[0eDt Gh8U be entitled to recover all of its rBaooDgb(g litigation exp8OsgS,
indud|OgitSexpert fees, @ttO[n8ys'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: NEW PO|NTE INVESTMENT 43 LLC
its: Vice President
�
Dote'
(signature must be notarized)
Page
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 CA,? D/e' �o
V
On j0W before me, C�L(j Z�Mo Alld. /2*0,1 T1.&/'C,(insert name and title of the
officer), personally appeared 'I ler LLYL-IV-02L ., who proved to me on the
basis of satisfactory evidence tb 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.
WITNESS my hand and official seal.
Signature
ti A
CARRIE LYNN BYR
11
Notary Public - Calif.,lia
Z San Diego County
Commission # 2388292
(Seal) My Comm. Expires
CITY OF POWAY:
/� jz;z
Ro et,I.Manis�
APPROVED AS TO FORM:
Office of the City
W
/ �,
Alanfenstermacher
City Attorney
Date: /,,�/
(signature must be notarized)
Attachments
1. Certificate OfAcceptance
3. EXhibitA— Legal Description of Property
3. Exhibit B—Location ofBK8Ps
4. Exhibit C—Operation and Maintenance Plan
5. ExhibdO—EanernentLego|Oeocriotion
O. Exhibit E—Emoement Plat
City Engineer
APPROVED A8TOCONTENT:
Engineering Division
A lje�
GWFMA (G21-0013) Page
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 July 1, 2022 before me, Yvonne Mannion, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared 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.
*my
YVONNE MANNION
Notary Public - CaliforniaSan Diego County
Commission a 2363699
Comm. Expires Jul 1, 2025
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 � w V(
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: Storm Water Maintenance Agreement G21-0013
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
F-1 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:
02016 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907
CERTIFICATE OF ACCEPTANCE
(Storm Water 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 , from
NEW POINTE INVESTMENT 43 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: (0LZ'&Z- CITY OF POWAY
Seal:
By:
Jkobert J. Ma6is
Department of DeveloDmeYnServices
"EXHIBl T A"
PARCEL 1:
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 14 SOUTH,
RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY.
"EXHIBIT B "
APN: 314-370-05-00
SCALE. 1"= 200'
SHEET 1 OF 3
"EXHIBIT B ►r
BMP PLANTING PER PROJECT
LANDSCAPE PLAN
TOP OF BASIN PER PLAN
3XX OUTLET STRUCTURE
WITH STEEL GRATE INLET
)r
o� �j ( 100 YR WSE= 641.53 7.2"FREEBOARD
18" PONDIN�
<<
ttt 3: 9
48 X48" OVERFLOW STRUCTURE WITH
367X36" CATCH BASIN (CAST IN PLACE)
a 18"AMENDED SOILS
VERTICAL IMPERMEABLE LINER
0.25' - 3" OF ASTM C33 CHOKER SAND
0.25' 3" OF ASTM NO.8 AGGREGATE
GEOTEXTILE FABRIC (MIRAFt 110ON
OR EQUIVALENT)
CFS RTANK SYSTEM
SEE SHEET 2 FOR
co SPECIFICATIONS
TREATED RUNOFF
4" PERF PVC UNDERDRAIN-ROUTED TO STORM DRAIN
IE TO MATCH PERMA VOID IE ORIFICE PLATE SEE DETAIL,
NATIVE FILL THIS SHEET
UNDERDRAIN CONNECTION TO
OVERFLOW STRUCTURE
BMP-1 BASIN & OUTLET STRUCTURE DETAIL
NOT TO SCALE
ATTACH TO 1NSlDE OF STORM DRAIN
STRUCTURE IN FRONT OF SUB -DRAIN
OUTLET. ATTACH WITH TAMPER PROOF
BOL TS AT EACH CORNER, TYP.
6%6" SQUARE, MIN., a INCH THICK STEEL PLATE
HOT DIP GALVANIZE AFTER FABRICATION AND
DRILLING. PLACE NEOPRENE RING BETWEEN
THE PLATE AND STRUCTURE WALL PRIOR TO
ATTACHMENT FORA WATER TIGHT
CONNECTION
ORATED PVC SUB -DRAIN
-ICE PER TABLE HEREON &
APPROVED STORM WATER QUALITY
MANAGEMENT PLAN (SWAMP)
DRILLED ORIFICE PLATE DETAIL (TYP.)
NOT TO SCALE
SHEET 2 OF 3
"EXHI BI T B"
ME)DAwnclAiAll n0AlAlAt+eeee
ING
T
SHEET 3 OF 3
TOP OF BASIN PER PLAN
BMP PLANTING PER PROJECT
LANDSCAPE PLAN
3X3' OUTLET STRUCTURE
WITH STEEL GRATE INLET
100-YR WSE = 100.40'
12'FREEBOARD
18" PONDING
;, 48'X48"OVERFLOW STRUCTURE WITH
36'X36"CATCH BAS/N (CAST IN PLACE,
18"AMENDED SOILS
VERTICAL IMPERMEABLE LINER
3" OF ASTM C33 CHOKER SAND
3" OFASTM N0.8 AGGREGATE
GEOTEXTILE FABRIC (MIRAFI 110ON
OR EQUIVALENT)
- CFS RTANK SYSTEM
SEE SHEET 2 FOR
SPECIFICATIONS
TREATED RUNOFF
ROUTED TO STORM DRAIN
3" OF ASTM NO.8 AGGREGATE
-ORIFICE PLATE SEE DETAIL,
THIS SHEET
UNDERDRAIN CONNECTION TO
OVERFLOW STRUCTURE
4" PERF PVC UNDERDRAIN
IE TO MATCH RTANK 1E
NATIVE FILL
4" SCH 40 PVC PERF PIPE PER GEOTECH
REPORT BY GEOSOILS INC., W 0.
6934-A3-SC
DATED SEPTEMBER 1, 2020
BMP-2 BASIN & OUTLET STRUCTURE DETAIL
NOT TO SCALE
PONDING
MEDIA
STORAGE
HMP ORIFICE
ABOT
BMP#
DEPTH (FT)
DEPTH (FT)
DEPTH (FT)
(IN)
(FT 2 )
1
1.5
1.5
2.16
1.6
1,645
2
1.5
1.5
4.20
22
3,980
BMP & ORIFICE DIAMAETER SUMMARY
NOT TO SCALE
"EXHIBIT G►►
OPERATION AND MAINTENANCE PLAN
TABLE OF CONTENTS
1. PROJECT DESCRIPTION
2. OPERATION AND MAINTENANCE (O&M) PLAN
3. Operation & Maintenance of BMP's
a. Training
b. Landscaping
c. Irrigation System
d. Storm Water Conveyance System Stenciling and Signing
e. Structural BMP: Biofiltration
f. Outlet Structures
g. Vector Control Owner Responsibilities
h. RTank Maintenance
ATTACHEMNTS
Al. Inspection and Maintenance Schedule
Bl. Cost Estimate
Cl. BMP Training Log
Dl. Inspection & Maintenance Log
1. PROJECT DESCRIPTION
The project consists of the construction of a 10 lot subdivision, associated access roads, underground
utilities, landscaping, storm drain, and two biofiltration BMP's for stormwater treatment.
2. OPERATION & MAINTENANCE (O&M) PLAN
This document has been prepared in compliance with the San Diego Regional 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
(BPM's) required for the project. Refer to this project's SWQMP for additional information on BMP's.
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 BMP's designated in the SWQMP. It
includes procedures to be followed for inspection and maintenance of the BMP's, instructions for
documenting the work performed, record keeping, and outlining the requirements 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 BMP's, to achieve the maximum pollutant reduction
they area designated 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 shalt 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:
Newpointe Investment 43, LLC
c/o Tyler Sandstrom
16880 West Bernardo Drive, Suite 110
San Diego, CA 92127
(858)451-8700
The Designated Responsible Party will be responsible for ensuring the individuals involved in O&M
activities, including but not limited to contractors and new owners, will be trained to the 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
Cl of this plan. Training records must 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.
• Street 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 stone 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.
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. 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 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
o 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. 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 I st each year, and monthly during
rainy season.
E. Structural BMP Biofiltration
Vegetated Infiltration or Filtration BMP
Maintenance Indicators and Actions for Vegetated BMP's
Inspection Frequency
The facility will be inspected and inspection visits will be completely documented:
• Once a month at a minimum.
• After every large stonn (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 City verifying that the BMPs are
maintained and functioning properly. However, if the responsible party fails to perform maintenance, the City
(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 stonnwater 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 pen -nit process.
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 City , 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(o 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.
F. Outlet Structures
All outlet structures shall be kept functional at all tines. 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 1 st each year, weekly during rainy
season or within 24 hours prior to rain forecasts.
G. Vector Control Owner Responsibilities
VECTOR MANAGEMET CONTROL
ftlxe_1• i
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.
a 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.sdcoutity.ca.govidehipests/vector disease.html
2. Please contact the County of San Diego vector control program with specific questions or
concerns.
H. RTank Maintenance
Due to the biofiltration basin heavy sediments, trash and other debris should not enter the RTank
system. RTank system, however, should be monitored for the accumulation of fine sediments that may
enter the detention area. Maintenance ports installed within the RTank system will assist in the
monitoring of fine sediment accumulation.
REQUIREMENTS
Water is to be pumped into the RTank maintenance ports which will direct water throughout the bottom
of the RTank system to create turbulence, there -by resuspending accumulated sediments. After
Pumping water into the tanks, flushing is to be completed by vacuuming sediment laden water out of
the system either through the outlet structure or through the flush port.
■ Maintenance schedules for the RTank System are quarterly inspections through the first
year of use, with yearly inspections thereafter. Flushing should be performed if sediment is
found to be either 6" or 15% of the system height, whichever is first.
ATTACHMENT "Al"
INSPECTION & MAINTENANCE SCHEDULE
PREVENTATIVE MAITNEANCNE AND ROUTINE INSPECTION
TYPE BMP
ROUTINE
MAINTENANCE
MAINTENACE
MAINTENANCE
SITE -SPECIFIC
ACTION
INDICATOR
FREQUENCY
ACTIVITY
REQUIREMENTS
Landscaping &
Proper irrigation
Less than 80%
30 days prior to
Re -plant. Repair
All slopes and
Irrigation
& fertilizer
coverage
October I" each
irrigation system
landscaped areas are
year and once
within 5-days.
to have a minimum
during rainy
coverage of 80%.
season (October 1
through April 30)
Biofiltration
Trash free and
Silt build up of more
30 days prior to
Remove trash and
All bio-filters to be
Facilities
removal of silt.
than 2", exposed
October I" each
silt, repair and
free from trash and
Clear clogged
soils dead
year, monthly
reseed exposed
silt at all times, grass
outlets and
vegetation, garbage
during rainy
areas, maintain grass
area to be free from
standing water.
visible, ponded
season and after
height so as not to
exposed soil and
water, excessive
storm event
be shorter than 2" or
maintained to proper
vegetation (see TC-
higher than 5",
height, removal of
30)
remove all ponded
any water ponding
water weekly (see
for more than 72
TC-30)
hours
Storm Water
Must be legible
Fading of paint or
Semi-annually, 30
Rcpaint stenciling
Applies to all
Conveyance
at all times and
illegible letters
days prior to
and/or replace signs
stenciling and signs
System
have a clear
October 11 each
30 days prior to
Stenciling &
view
year & monthly
October ln.
Signing
during rainy
season
Outlet Structures
Must be kept
Silt, debris, trash
30 days prior to
Silt, debris, trash
All outlet structures
functional at all
accumulation,
October I" each
accumulation and
shall be kept
times, clear
ponding water
year and weekly
repair any structure
functional at all times
clogged outlets
during rainy
damage to the outlet
and standing
season or within
structures
water
24 hours prior to
rain forecasts.
RTank System
Must be kept
6' of fine sediment
For the first year of
Pump water into die
If debris enters
clear of fine
within the tank or
use, quarterly
RTank system to re-
RTank system, debris
sediments.
sediment level up to
inspections.
suspend solids and
is to also be removed.
15% of system
Thereafter yearly
vacuum system out.
RTank system is to
height, whichever
inspections.
remain fihnctional at
happens first
all times.
ATTACHMENT "Bl"
Annual Estimate to Maintain all BMPs Annual 10-Year
Landscaping and Biofiltration
Maintenance of landscaping and bio-filters is already included
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
Training
Once a year & training of new employees within their first week
Of employment. $100 $1,000
Storm Drain Si2napre
As needed or every 2 years $100 $1,000
RTank System
Inspection and maintenance is already included in the property
Management responsibilities, Additional Cost: $500 $5,000
Total Estimated Annual Cost to Maintain BMP's $1,200 $12,000
ATTACHMENT "Cl"
BM1' TRAINING LOG
DATE Type of Training Personnel Trained Trainer
MM/DD/YR
ATTACHMENT "DI"
INSPECTION AND MAINTENANCE LOG
BMP
Type &
Location
Date
MM/DD/YR
Name of
Inspector
Description of BMP
condition/ repair
required if an
Date &
description of
repair made
Repair made by
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP
14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, BEING
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE ALONG THE
WESTERLY LINE OF SAID SOUTHEAST QUARTER, NORTH 00-10-22" WEST 168.05 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 00°10'22" WEST 57.90
FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 75°26'57" EAST 9.17 FEET TO A TANGENT 22.00
FOOT RADIUS CURVE CONCAVE NORTHERLY, THENCE EASTERLY 6.19 FEET ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 16007'04"; THENCE NON -TANGENT NORTH 00°10'22" WEST
118.92 FEET TO A TANGENT 15.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, THENCE
NORTHEASTERLY 5.49 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20°57'20";
THENCE TANGENT NORTH 20046'58" EAST 4.06 FEET TO TANGENT 25.00 FOOT RADIUS CURVE,
CONCAVE SOUTHEASTERLY, THENCE NORTHEASTERLY AND EASTERLY 39.27 FEET ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00'; THENCE TANGENT SOUTH 69°13'02" EAST 10.78
FEET TO A TANGENT 15.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THENCE SOUTHERLY
23.70 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°31'06"; THENCE
TANGENT SOUTH 21 °18'04" WEST 15.19 FEET; THENCE SOUTH 09°38'23" WEST 48.85 FEET TO TANGENT
50.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, THENCE SOUTHERLY 26.68 FEET ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 30°34'03'; THENCE TANGENT SOUTH 20°55'39" EAST 26.08
FEET TO A NON -TANGENT 45.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY (A RADIAL TO SAID
POINT BEARS NORTH 22°16'18" EAST; THENCE SOUTHEASTERLY 19.69 FEET ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 25004'13"; TO A REVERSE 22.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, THENCE SOUTHEASTERLY 13.26 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 34°31'56"; THENCE NON -TANGENT SOUTH 08°22'08" EAST 33.91 FEET; THENCE
SOUTH 77018" 6" WEST 3.34 FEET; THENCE SOUTH 10'00'09" EAST 31.92; THENCE SOUTH 14°35'46" EAST
58.05 FEET TO A TANGENT 19.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE
SOUTHWESTERLY 33.53 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF101 °06'42"; THENCE TANGENT SOUTH 86°31'04" WEST 20.67 FEET TO A TANGENT 20.00 FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY, THENCE NORTHWESTERLY 25.16 FEET ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 72004'18"; THENCE TANGENT NORTH 21 °24'39" WEST 60.00 FEET;
THENCE NORTH 58001'52" WEST 6.56 FEET; THENCE NORTH 00°10'22" WEST 10.14 FEET TO A
NON -TANGENT 45.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY. (A RADIAL TO SAID POINT
BEARS SOUTH 24054-50" WEST), THENCE NORTHWESTERLY 21.14 FEET ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 26054'56";TO A REVERSE 22.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY, THENCE NORTHWESTERLY 14.31 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 37°16'33"; THENCE TANGENT NORTH 75°26'57" WEST 1.94 FEET TO THE TRUE POINT
OF BEGINNING.
CONTAINING 18,460 SQ. FT (0.424 ACRES), MORE OR LESS
EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
GARY D. MELLOM, PLS 8537 DATE
GARY
D. MELLOM
LS 8537
5PIQ
STORM MAINTENANCE
A ASS(M TES EASEMENT
San Diego I Encinitas I Orange County PLSA 3645 SHEET 1 OF 3
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PASCM LARET SUITER
San Diego I Encinitas I Orange County
Phone 858.259.82121 www.r)lsaenpineering.com
L=33.53'
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PLSA 3645 S SHEET 3 OF 3