Storm Water Management Facilities Maintenance Agreement 2010-0238654RECORDING REQUESTED BY
CITY OF POWAY
AP N: 272 - 761 -46
D O C ## 201 0 - 0200054
111111111111111111111111111111111111111111111111111111111111111111111 IN
MAY 12, 2010 1:19 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES 40.00
PAGES: 11
(THIS SPACE FOR RECORDER'S USE)
STORM WATER MANAGEMENT FACILITIES
MAINTENANCE AGREEMENT
No Documentary Transfer Tax Due
13210 Highlands Ranch Road, Poway, CA
( G1622 -08WCF )
This AGREEMENT for the maintenance and repair of certain Storm Water Management
Facilities is entered into between Bruce W. and Allison W. Dahlgren (hereinafter referred to 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 "), and has proposed that the PROPERTY be developed as a private single- family
residence, Grading Permit No. G1622- 08WCF, 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 Standard Urban Storm Water Mitigation
Plan, Poway Municipal Code, Chapter 16, Division VI (the "SUSMP 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 "BMP's ":
a) Catch basin insert located at the driveway entrance, as shown on the approved
plans.
b) Underground Infiltration trench located on the slope at the rear of the property, as
shown on the approved plans.
c) Rock swale along the driveway, as shown on the approved plans.
The precise location(s) and extent of the BMP's are indicated in the Standard Urban Storm
Water Mitigation Plan Water Quality Technical Report revised April 8 2010, on file with CITY's
Development Services Department. The manner and standards by which the BMP's
must be repaired and maintained in order to retain their effectiveness are as set forth in
the Operation Maintenance Plan (hereinafter "O &M PLAN ") which is attached hereto and
incorporated herein as Exhibit "B ".
10 -0�3
AND WHEN RECORDED MAIL TO:
CITY CLERK
II�
CITY OF POWAY
P O BOX 789
I�� ^
POWAY, CA 92074
AP N: 272 - 761 -46
D O C ## 201 0 - 0200054
111111111111111111111111111111111111111111111111111111111111111111111 IN
MAY 12, 2010 1:19 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES 40.00
PAGES: 11
(THIS SPACE FOR RECORDER'S USE)
STORM WATER MANAGEMENT FACILITIES
MAINTENANCE AGREEMENT
No Documentary Transfer Tax Due
13210 Highlands Ranch Road, Poway, CA
( G1622 -08WCF )
This AGREEMENT for the maintenance and repair of certain Storm Water Management
Facilities is entered into between Bruce W. and Allison W. Dahlgren (hereinafter referred to 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 "), and has proposed that the PROPERTY be developed as a private single- family
residence, Grading Permit No. G1622- 08WCF, 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 Standard Urban Storm Water Mitigation
Plan, Poway Municipal Code, Chapter 16, Division VI (the "SUSMP 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 "BMP's ":
a) Catch basin insert located at the driveway entrance, as shown on the approved
plans.
b) Underground Infiltration trench located on the slope at the rear of the property, as
shown on the approved plans.
c) Rock swale along the driveway, as shown on the approved plans.
The precise location(s) and extent of the BMP's are indicated in the Standard Urban Storm
Water Mitigation Plan Water Quality Technical Report revised April 8 2010, on file with CITY's
Development Services Department. The manner and standards by which the BMP's
must be repaired and maintained in order to retain their effectiveness are as set forth in
the Operation Maintenance Plan (hereinafter "O &M PLAN ") which is attached hereto and
incorporated herein as Exhibit "B ".
10 -0�3
WHEREAS, OWNER's representations that the BMP's 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 BMP's are maintained, by creating obligations which 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 which are provided by law.
NOW, THEREFORE, for consideration of (a) CITY's approval of the above development
applications and (b) the mutual covenants set forth herein, IT IS HEREBY AGREED AS
FOLLOWS:
1. Maintenance of Storm Water Management Facilities. OWNER agrees, for itself and
its successors in interest, to all or any portion of the PROPERTY, to comply in all
respects with the requirements of the SUSMP Ordinance with regards to the
maintenance of BMP's, 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 BMP's listed above, at the times and in the manner specified in the O &M
PLAN. 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 BMP's in the event of failure. Replacement shall be with an
identical type, size and model of BMP, except that:
(a) The CITY's Engineer may authorize substitution of an alternative BMP if he or
she determines that it will function as well as the failed BMP; and
(b) If the failure of the BMP, in the judgment of the CITY's Engineer indicates that
the BMP in use is inappropriate or inadequate to the circumstances, the BMP
must be modified or replaced with an upgraded BMP to prevent future failure in
the same or similar circumstances.
2. Notices. OWNER further agrees that it shall, prior to transferring ownership of any
land on which any of the above BMP's are located, and also prior to transferring
ownership of any such BMP, provide clear written notice of the above maintenance
obligations associated with that BMP to the transferee. OWNER further agrees to
provide evidence to CITY .Engineer that OWNER has requested the California
Department of Real Estate to include in the public report issued for the development of
the PROPERTY, a notification regarding the BMP maintenance requirements described
herein.
3.. CITY's Right to Perform Maintenance. It is agreed that CITY shall have the right,
but not the obligation, to elect to perform any or all of the MAINTENANCE ACTIVITIES
if, in the CITY's sole judgment, OWNER has failed to perform the same. It is recognized
and understood that the CITY makes no representation that it intends to or will perform
any of the MAINTENANCE ACTIVITIES, and any election by CITY to perform any of the
MAINTENANCE ACTIVITIES shall in no way relieve OWNER of its continuing
maintenance obligations under this agreement. If CITY elects to perform any of the
MAINTENANCE ACTIVITIES, it is understood that CITY shall be deemed to be acting as
the agent of the OWNER and said work shall be without warranty or representation
by CITY as to safety or effectiveness, shall be deemed to be accepted by OWNER
"as is ", and shall be 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. OWNER's obligation to pay CITY's
costs of performing MAINTENANCE ACTIVITIES is a continuing obligation.
4. Grant of Easement to CITY. OWNER hereby grants to CITY a perpetual easement
over, under and across all of the PROPERTY , for purposes of accessing the BMP's and
performing any of the MAINTENANCE ACTIVITIES specified in Paragraph 1 above.
CITY shall have the right, at any time and without prior notice to OWNER, to enter upon
any part of said area as may be necessary or convenient for such purposes. OWNER
shall at all times maintain the PROPERTY so as to make CITY's access clear and
unobstructed.
5. Administration of Agreement for CITY: CITY hereby designates its Engineer as the
officer charged with responsibility and authority to administer this Agreement on behalf
of CITY. Any notice or communication related to the implementation of this Agreement
desired or required to be delivered to CITY shall be addressed to:
City Engineer
City of Poway
13325 Civic Center Drive
Poway, CA 92064
The City Engineer is also granted authority to enter into appropriate amendments to this
Agreement on behalf of CITY, provided that the amendment is consistent with the
purposes of this Agreement as set forth above.
6. Defense and Indemnity. CITY shall not be liable for, and OWNER and its successors
in interest shall defend and indemnify CITY and the employees and agents of CITY
(collectively "CITY PARTIES "), against any and all claims, demands, liability, judgments,
awards, fines, mechanic's liens or other liens, labor disputes, losses, damages,
expenses, charges or costs of any kind or character, including attorneys' fees and court
costs (hereinafter collectively referred to as "CLAIMS "), related to this Agreement
and arising either directly or indirectly from any act, error, omission or negligence
of OWNER, OWNER's successors, or their contractors, licensees, agents, servants
or employees, including, without limitation, claims caused by the concurrent negligent
act, error or omission, whether active or passive of CITY PARTIES. OWNER shall
have no obligation, however, to defend or indemnify CITY PARTIES from a claim
if it is determined by a court of competent jurisdiction that such claim was caused
by the sole negligence or willful misconduct of CITY PARTIES. Nothing in this
Agreement, CITY's approval of the development application or plans and specifications,
or inspection of the work, is intended to acknowledge responsibility for any such - matter;
and CITY PARTIES shall have absolutely no responsibility or liability therefore unless
otherwise provided by applicable law.
Common Interest Developments. If the PROPERTY is developed as a "Common
Interest Development" as defined in Civil Code section 1351(c) which will include
membership in or ownership of an "ASSOCIATION" as defined in Civil Code section
1351(a), then the following provisions of this Paragraph 8 shall apply during such
time as the PROPERTY is encumbered by a "DECLARATION" as defined in Civil Code
section'1351(h), and the Common Area, as "Common Area" is defined in Civil Code
section 1351(b), of the PROPERTY is managed and controlled by the ASSOCIATION:
(a) The ASSOCIATION, through its Board of Directors, shall assume full
responsibility to perform the MAINTENANCE ACTIVITIES pursuant to this
Agreement, and shall undertake all actions and efforts necessary to accomplish
the MAINTENANCE ACTIVITIES, including but not limited to, levying regular
or special assessments against each member of the ASSOCIATION sufficient
to provide funding,for the MAINTENANCE. ACTIVITIES, conducting a vote of the
membership related to such assessments if required by law. In the event
insufficient votes have been obtained to authorize an assessment, the
ASSOCIATION shall seek authority from a court of competent jurisdiction for
a reduced percentage of affirmative votes necessary to authorize the
assessment, re- conducting the vote of the membership in order to obtain
the votes necessary to authorize an assessment, and the ASSOCIATION shall
take all action authorized by the DECLARATION or California law to collect
delinquent assessments, including but not limited to, the recording and
foreclosure of assessment liens.
(b) No provision of the DECLARATION, nor any other governing document of
the ASSOCIATION or-grant of authority to its members, shall grant or recognize
a right of any member or other person to alter, improve, maintain or repair any
of the PROPERTY in any manner which would impair the functioning of the
BMP's to manage drainage or stormwater runoff. In the event of any
conflict between the terms of this Agreement and the DECLARATION or other
ASSOCIATION governing documents, the provisions of this Agreement shall
prevail.
8. Agreement Binds Successors and Runs With the PROPERTY. It is understood
and agreed that the terms, covenants and conditions herein contained shall constitute
covenants running with the land and shall be binding upon the heirs, executors,
administrators, successors and assigns of OWNER and CITY, shall be deemed to be
for the benefit of all persons owning any interest in the PROPERTY (including the
interest of CITY or its successors in the easement granted herein). It is the intent of
the parties hereto that this Agreement may 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.
a
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 BMP's which may have arisen under the ordinances or regulations of CITY referred
to in Recital B above, or other federal, state or CITY laws, on account of OWNER having
obtained a permit which creates such obligations or having commenced grading,
construction or other land disturbance work.
10. Amendment and Release. The terms of this Agreement may be modified only by a
written amendment approved and signed by the City Council or the CITY Engineer
acting on behalf of CITY and by OWNER or OWNER's successor(s) in interest. This
4
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 BMP's or that it is
no longer necessary to assure such maintenance.
11. Governing Law and Severability. This Agreement shall be governed by the laws
of the State of California. Venue in any action related to this Agreement shall be
in the Superior Court of the State of California, County of San Diego. In the event
that any of the provisions of this Agreement are held to be unenforceable or invalid
by any court of competent jurisdiction, the validity, and enforceability of the remaining
provisions shall not be affected thereby.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth
hereinafter.
L rt Owner
Bruce W. Dahlgren (Not rize)
fiffi/oM ( J� L W-�
Allison W. Dahlgren (Notarize)
For TY OF POWAY: 0
ert J. Man
Its: Director of Development Services
Approved as to Form
Office of the City Attorney
Lisa . Foster, City Attorney
Date: _ a 3
Date: �(— 2: I c)
Date: //0
Date: y -z/ -10
MAengsery \Clapp \Project Comments\Dahlgren \Storm Water Facilities Agmt.docx
5
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CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of rYn
on,3cLd) nn 1�tr. before me, d) r�iil
(Here insert name and ufle of e ofcoer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /Jr subscribed to
the within instrument and acknowledged to Inc that he /she / ie' executed the same in his/her/ ei authorized
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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
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WITNESS my hand and official seal.
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ADDITIONAL OPTIONAL INFORMATION
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'b-L, mk 't f l
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CAPACITY CLAIMED BY THE SIGNER
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ate Here Insert Name and Title of the Dlfirer
personally appeared
T J
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EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Poway, County of San Diego, State of California, described as
follows:
PARCEL C AS SHOWN ON CERTIFICATE OF COMPLIANCE NO. 89 -03, AS EVIDENCED BY
DOCUMENT RECORDED JANUARY 16, 1990 AS INSTRUMENT NO. 90 -24031 OF OFFICIAL
RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF LOTS 27, 28 AND 29 OF CITY OF POWAY TRACT NO. 88 -01 IN THE CITY
OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 12123, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY
13, 1988, LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 27, SAID CORNER BEING A POINT
IN THE ARC OF A 40.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (A RADIAL TO SAID POINT
BEARS NORTH 65 002'53") EAST); THENCE SOUTHERLY, ALONG THE WESTERLY LINE OF SAID
LOT 27 AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28 057'18 ", A
DISTANCE OF 20.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
WESTERLY LINE NORTH 39 019'40" EAST 19.61 FEET TO A POINT IN A LINE PARALLEL TO AND
8.00 FEET SOUTHERLY OF THE NORTHERLY BOUNDARY OF SAID LOT 27; THENCE ALONG SAID
PARALLEL LINE, NORTH 76 °59'36" EAST 159.86 FEET; THENCE LEAVING SAID PARALLEL LINE,
SOUTH 66 048'50" EAST 52.66 FEET TO A POINT IN THE EASTERLY BOUNDARY OF SAID LOT 27,
SAID POINT BEING A POINT IN A LINE PARALLEL TO AND 40.00 FEET SOUTHERLY OF THE
NORTHERLY BOUNDARY OF LOT. 28 OF SAID CITY OF POWAY TRACT NO. 88 -01, SAID POINT
BEING THE POINT OF TERMINUS.
2aM md IWA
AN EXCLUSIVE AND NON - EXCLUSIVE EASEMENT FOR USE, ENJOYMENT, ACCESS, INGRESS AND
EGRESS, ENCROACHMENT, MAINTENANCE, REPAIR, DRAINAGE, SUPPORT AND FOR OTHER
PURPOSES OVER ACROSS AND UNDER LOT 41 OF CITY OF POWAY TRACT NO. 88-01, IN THE .
CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 12123 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, JULY 14, 1988, AS DESCRIBED AND SET FORTH IN THAT CERTAIN DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED APRIL 22, 1988 IN THE OFFICIAL
RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, AS FILE NO: 88.187789 OF OFFICIAL
RECORDS, AS AMENDED BY THE FIRST AMENDMENT TO THE DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS OF HIGHLAND RANCH RECORDED JULY 15, 1988 IN THE
OFFICIAL RECORDS OF SAN DIEGO, CALIFORNIA AS FILE NO. 88- 34166S OF OFFICIAL
RECORDS.
PARCEL 3:
AN EASEMENT TO ALLOW FOR A CONCRETE DRIVEWAY AND COLUMN ENCROACHMENTS OVER,
UNDER ALONG AND ACROSS THAT PORTION OF LOT 30 OF THE CITY OF POWAY TRACT N0.
88-01, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 12123, FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO
COUNTY, JULY 14, 1988, LYING SOUTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST" CORNER OF SAID LOT 30; THENCE SOUTH 28051 '38"
ry
WEST ALONG THE EASTERLY LINE THEREOF 178.80 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 63028 -53- WEST 2.78 FEET; THENCE SOUTH 26031'07" WEST 2.13 FEET;
THENCE SOUTH 28002 -00 -- WEST 33.35 FEET; THENCE SOUTH 57010 -17 -- WEST 31.98
FEET; THENCE SOUTH 72049 -14- - WEST 33.09 FEET; THENCE SOUTH 76028 -09 -- WEST -
34.50 FEET; THENCE SOUTH 760 20'34" WEST 33.62 FEET; THENCE SOUTH 78011'02" WEST
2.13 FEET; THENCE SOUTH 11048-58-- EAST 1.51 FEET TO THE INTERSECTION WITH THE
SOUTHEASTERLY LINE OF SAID LOT 30.
APN: 272- 761 -46
EXHIBIT B
4.2.1 Treatment Control BMP Maintenance
4.2.1.1 Vegetated Szoale Maintenance
Maintenance of vegetated swales largely consists of periodic mowing, cutting the grass
to no less than 4" in height. Other maintenance activities are performed as needed and
include:
• Re- seeding bare areas
• Weed control
• Repairing ruts or holes (utilizing soil that is properly tamped and seeded)
• Clearing of sediment and debris (clear sediment when 3" deep)
Inspections should occur, at the very least, at the beginning and end of the rainy season
and after heavy rains. The large majority of these activities will be performed as part of
typical landscape maintenance on the site which occurs throughout the year.
4.2.1.2 Kristar Media Filter Maintenance
Maintenance requirements for the catch basin filters are as follows (see Appendix C for
more specific instructions):
1. The catch basin grate shall be removed and set to one side. The catch basin shall
be visually inspected for defects and possible illegal dumping.
2. Using an industrial vacuum, the collected materials shall be removed from the
liner.
3. When all of the collected materials have been removed, the filter medium
pouches shall be removed be unsnapping the pouch from its tether and set to one
side.
4. Inspect all liners, gaskets, mounts and fittings for any damages and repair if
found.
5. Inspect filter medium pouches for defects and continued serviceability and
replace as needed. Medium pouches shall be replaced once a year at minimum.
6. Replace catch basin grate
During the rainy season, the catch basin should be monitored for any clogging as
evidenced by water pooling around upstream landscape drains. If this is observed, the
above maintenance instructions shall be followed.
At a minimum, the catch basin filter should be cleaned and serviced prior to, during
and after the rainy season. Regular inspections typically will occur October 1, January 1;
and April 1.
4.2.1.3 Infiltration Trench Maintenance
The infiltration trench will require a minimum amount of maintenance. Regular
monitoring will be required for saturated soil and /or standuig water that does not
drain. If this is witnessed, the trench may be clogged and the rock fill will need to be
removed and replaced. Monitoring shall occur daily for at least three days following a
storm event.
The Brooks Box located in the center of the infiltration trench shall also be regularly
monitored for any sediment and /or debris build -up. At least once prior to, during and
after the rainy season (Oct.1, Jan. 1, April 1), the grate shall be removed and excess
sediments/ debris shall be removed to ensure continued operation of the infiltration
trench. If landscape drains cease to drain, the Brooks Box should also be inspected as a
source of clogging and cleared if necessary.
4.2.2 BMP Maintenance - Responsible Party
The financial and physical responsibility for BMP maintenance will be the property's
owners, successors and /or assigns, in perpetuity.
4.2.3 Treatment Control BMP Self Inspection & Maintenance Records
Self certification of BMP inspections and associated maintenance shall be documented
annually. Self certification forms are provided by the City of Poway. These records are
to be kept on file for a minimum of five years and be made available to the City of
Poway upon request per Poway Municipal Code Section 16.104.040.