Storm Water Management Facilities Maintenance Agreement 2011-0327700RECORDING REQUESTED BY:
CITY OF POWAY �� 1
AND WHEN RECORDED MAIL TO:
DOC# 2011-0327700
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CITY CLERK 1,
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
JUN 28, 2011 12:56 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00 WAYS: 2
OC: NA
PAGES: 29
(THIS SPACE FOR RECORDER'S USE)
APN: 277 - 220 -34
STORM WATER MANAGEMENT FACILITIES
MAINTENANCE AGREEMENT
(G1631-09)
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 Kathawa Family Trust 7 -24 -03 (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 single - family residence in accordance
with MDRA 08 -22 and Grading Permit No. G1631 -09, which are on file with the CITY. This
Agreement is required as a condition of approval for such development.
WHEREAS, in accordance with the City of Poway's 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 "BMPs
Self- retaining drainage management areas located to the northwest of the residence as
shown on the approved grading plans;
Pervious paver sections located in the driveway as shown on the approved grading plans;
and
A bio- retention area located in the center of the driveway turnaround area as shown on the
approved grading plans.
The precise location(s) and extent of the BMPs that are required are indicated on the Grading and
Drainage Plan dated July 24, 2009, on file with CITY's Development Services Department as
I1 -08"3
G1631 -09. The manner and standards by which the BMPs must be repaired and maintained
in order to retain their effectiveness are as set forth in the Operation and Maintenance Plan
(hereinafter "O &M PLAN ") which is attached hereto and incorporated herein as Exhibit "B ".
WHEREAS, OWNER's representations that the BMPs will be maintained have been relied upon
by CITY in approving OWNER's development applications. It is the purpose of this Agreement
to assure that the BMPs are maintained, by creating obligations that are enforceable against the
OWNER and the OWNER's successors in interest in the PROPERTY. It is intended that these
obligations be enforceable notwithstanding other provisions related to BMP maintenance that are
provided by law.
NOW, THEREFORE, for consideration of (a) CITY's approval of the above development
applications and (b) the mutual covenants set forth herein, IT IS HEREBY AGREED AS
FOLLOWS:
Maintenance of Storm Water Management Facilities. OWNER agrees, for itself and
its successors in interest, to all or any portion of the PROPERTY, to comply in all respects
with the requirements of the SUSMP 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.
Failure shall be defined as a loss of volume /capacity and /or permeability of the BMPs.
In the event of a failure OWNER may elect to hire an Engineer to confirm the failure, but
the City must make the final determination after considering all information. Replacement
shall be with an identical type, size and model of BMP, except that:
(a) At OWNER's request, the CITY's 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's 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. This could only occur in the event of a failure.
2. Notices. OWNER further agrees that it shall, prior to transferring ownership of any land
on which any of the above BMPs 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 judgment, OWNER has failed to perform the same. OWNER may hire
2
an engineer to confirm the necessity for maintenance, but the final determination will
be made by the CITY. 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 noway 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.
Prior to CITY performing any maintenance, CITY shall contact OWNER and give them
a reasonable amount of time to perform the maintenance. The time to perform will be
based on the types of BMP, the severity of the < maintenance needed, and the requirements
of the O&M plan.
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 the 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. The
City shall give the owner at least 30 days to pay the City's cost of performing
the maintenance activities. If OWNER fails to pay CITY's costs for performing the
MAINTENANCE ACTIVITIES, CITY may assess a lien on the property or properties of
the responsible parties pursuant to the procedures set forth in Poway Municipal Code
Chapter 8.72.
4. Grant of Easement to CITY. OWNER hereby grants to CITY a perpetual easement over,
under and across that portion of the PROPERTY described in Exhibit "C hereto, for
purposes of accessing the BMPs, inspecting the BMPs, and performing any of the
MAINTENANCE ACTIVITIES specified in Paragraph 1 above. Prior to routine inspection
by the CITY, as required by the Municipal Permit, the CITY shall provide the OWNER
a minimum of 3 days' notice prior to entering the property; however, in the event the
OWNER fails to provide required maintenance documentation, or in the event a complaint
is received related to the performance of the BMPs, or if evidence exists of discharge
or potential discharge from the site, the CITY shall have the right, at any time after notice
is provided to the OWNER, to enter upon any part of said easement as may be necessary
or convenient for such purposes. OWNER shall at all times maintain the PROPERTY
so as to make CITY's access clear and unobstructed.
5. Administration of Agreement for CITY. CITY hereby designates the City Engineer as
the officer charged with responsibility and authority to administer this Agreement on behalf
of CITY. Any notice or communication to CITY related to the implementation of this
Agreement shall be addressed to:
City Engineer
City of Poway
13325 Civic Center Drive
Poway, CA 92064
3
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.
7. Agreement Binds Successors and Runs With the PROPERTY. It is understood and
agreed that the terms, covenants and conditions herein contained shall constitute
covenants running with the land and shall be binding upon the heirs, executors,
administrators, successors and assigns of OWNER and CITY, shall be deemed to be for
the benefit of all persons owning any interest in the PROPERTY (including the interest
of CITY or its successors in the easement granted herein). It is the intent of the parties
hereto that this Agreement shall be recorded and shall be binding upon all persons
purchasing or otherwise acquiring all or any lot,' unit or other portion of the PROPERTY,
who shall be deemed to have consented to and become bound by all the provisions hereof.
8. 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.
9. 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 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.
10. 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
4
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.
5q Wt / Ly r-T 7-1 f 03
OWNER: Date: 2 /
Mary C. Kathawa, Trustee
CITY OF POWAY: - Date: 6112ehl
kcibert J. Man'
Director of Development ices
APPROVED AS TO FORM:
Office of the City Attorney
APPROVED AS TO CONTENT:
Engineering Division
6 &'14'
Mor an L. ey, Cit Attorney
Attachments: EXHIBIT A
EXHIBIT B
EXHIBIT C
M:\ engsery \Clapp\Agreements\Soares Storm Water Agmt.docx
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to Crosby, P.E.
City Engineer
5
CALIF ORNIA • ACKNOWLED
State of California
County of /���� /f D
On Me 1 G before me, �i��G L :Siy/ ////° �---
Date Here I Nam rt Na and TWe of the Officer
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personally appeared ! / C� . �i
who proved to me on the basis of satisfactory evidence to
be the personN whose namel)4 is/a*subscribed to the
within instrument and acknowledged to me that
)*she/th* examded the same in (her /tlVz authorized
capacity(iW and that by fw(her/11*11 signature(Kon the
instrument the person( or the entity upon behalf of
PHYLLIS SHINN which the person(Octed, executed the instrument.
Commission #t 177611198
Notary Public - California I certify under PENALTY OF PERJURY under the laws
San Diego County of the State of California that the foregoing paragraph is
MCO"Y"...:Noi9 20 11 t true and correct.
WITNESS my han and official senl
Signature
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
❑ Individual
❑ Individual
❑ Corporate Officer - Title(s):
❑ Corporate Officer — Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Attorney in Fact
El Trustee
Top of thumb here
El Trustee
Top of thumb here
❑ Guardian or Conservator
❑ Guardian or Conservator
❑ Other:
❑ Other:
Signer Is Representing:
Signer Is Representing:
02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313 -2402 • www.Nationa[Notmyorg Item #5907 Reorder: Call Too- Free 1- 800 - 876.6627
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CALIF • ACKNO WLEDGMENT
State of California ��
County of = /1� — cc" o
On A/E d Z011 before me, 1 LG I �f , L I C— ,
Date � � Here Insert Name and Title of the Office
personally appeared OA 4
/07 `Lf � /.S
Name(s) of Signer(s)
s
who proved to me on the basis of satisfactory evidence to
be the person% whose name( is/oe subscribed to the
within instrument and acknowledged to me that
he /s't tt�y executed the same in his,4Kr/tIj6r authorized
capacity(io), and that by his/Krr/tWr signaturelly on the
instrument the person(k , or the entity upon Ahalf of
which the person(Kacted, executed the instrument.
5�K7 PNY Uis SHiNN
ornrniulon # 1778a9i1
I certify under PENALTY OF PERJURY under the laws
Notary Pubnc - California
of the State of California that the foregoing paragraph is
Son DkW County
true and correct.
Cflrrrr� Nolr9 2011
WITNESS my han5Vrd official seal.
Signature
Place Notary Seal Above
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
❑ Individual
❑ Individual
❑ Corporate Officer — Title(s):
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
_ ❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
- ❑ Attorney in Fact
El Trustee Top
Top of thumb here
of thumb here El Trustee
❑ Guardian or Conservator
❑ Guardian or Conservator
❑ Other:
❑ Other:
Signer Is Representing:
Signer Is Representing:
02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NabonalNotary.org Item #5907 Reorder: Call Toll -Free 14800. 876 -6827
F War
CERTIFICATE OF ACCEPTANCE
C/pY IN THE GO
This is to, certify that the interest in real property conveyed by the grant of easement
contained in the Storm Water Facilities Maintenance Agreement dated April 25, 2011, by the
Kathawa Family Trust 7- 24 -03, Grantor, to the City of Poway, Grantee, 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. 34 adopted on
January 20, 1981, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: CITY OF POWAY
Seal: y:
L' da A. Troyan, MM
ity Clerk
E "A"
PARCEL 1
LOT 34 OF CITY OF POWAY TRACT NO. 98--02 HERITAGE RANCH ESTATES, IN THE CITY OF POWAY,
COUNTY OF SAN D IEGO, STATE OF CALIFORN ACCORDING TO MAP THEREOF NANO. 1438£3, FILED
I N THE OFFICE OF T COUNTY RECORDER OF SAN D COUNTY, MAY 8, 2002
PARCEL 2:
AN EASEMENT AND RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES, LIVER., UNDER, ALONG AND
ACROSS LOT "F" (COMMONLY I <NOWN, AG ` "OLD COACH DRIVE "), LOT "H " (COMMONLY KNOWN AS 'OLD
COACH DRIVE " ) OT " (COMMONLY KNOWN AS "OLD COACH DRIVE " AND LOT "'K" (COMMONLY
KNOWN AS "OLD COACH WAY ") , OF CITY OF POWAY TRACT ,N(I , 8.9 -13Nt, THE HENt I TALE , PHASE 1 ;
UN IT 1 ; ACCORDING TO MAP THEREOF NO. 13708, FILED IN SAID COUNTY RECORDER' OFF
PARCEL 3:
NONEXCLUSI EASEMENTS FOR A I NGRESS, EGRESS, INSPECTION MAINTENANCE, REPAI
DRAINAGE ENCROACHMENT, SUPPORT. AND FOR OTHER PURPOSES, A LL AS DESCR 1,8ED . I N THE
IIECLAI ATION, AND ANY AMENOMI51 S THERETO.
t7��+Cr�i4�?Z/26J9�•i�
EXHIBIT "B"
Lot 34, Heritage Ranch Estates
Operation and Maintenance plan for Treatment BMPs
G163 -09
City of Poway, Ca. -
October 14, 2010
Prepared For:
Keith Soares
14170 ]Bryce Point
Poway, CA 92064 pR4FE
K F, y9�
Prepared By: :° "� Goss
Florez Engineering fZ,�
10732 Charbono Terrace 9 �F c /Vti,'"�
San Diego CA, 92131
(8S$) 229 -2493
1) C 1 3 2010
DEV CIT O F PowAY
MENT SEFi%CES
TABLE OF CONTENTS
INTRODUCTION
BIOFILTERS
3.0 GRASS SWALE
3.1 INSPECTION FREQUENCY
3.2 ESTHETIC AND FUNCTIONAL MAINTENANCE
3.3 PREVENTIVE MAINTENANCE
3.4 CORRECTIVE MAINTENANCE
3.5 MAINTENANCE FREQUENCY
4.0 PERMEABLE PAVERS
4.1 DESCRIPTION AND PURPOSE
4.2 DESIGN ALTERNATIVES
4.3 EFFECTIVENESS
4.4 FEATURES
4.5 INFILTRATION RATE AND DRAINAGE
4.6 STONE PAVERS MAINTENANCE
5.0 FISCAL RESOURCES - POST BMP MAINTENANCE AND MAINTENANCE
ASSURANCE
5.1 MAINTENANCE MECHANISM TO BE IN PLACE BEFORE ACCEPTANCE
5.2 VERIFICATION MECHANISMS
5.3 RESPONSIBLE PARTY
ATTACHMENT
A. POST - CONSTRUCTION BMP PLAN
VICINITY MAP
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'THOMAS BROS: 1150 - G6
1.0 INTRODUCTION
This operation and maintenance plan is provided to establish mechanisms and guidelines for
maintaining post- construction BMWs listed in the Water Quality Technical Report for-Lot 34,
Heritage Ranch Estates. This plan will address maintenance funding methods in accordance with
the City of Poway. This plan categorizes the maintenance activities to assure post- construction
BMW's will be adhered to.
2.0 BIOFILTERS - GRASS SWALE & STONE PAVERS
A grass -lined bio filtration swale and strips of permeable stone pavers will be developed and
incorporated into the final design to assist in reducing cumulative impacts to downstream bodies
of water to the maximum extend practicable.
3.0 GRASS SWALE
The operational and maintenance needs of a grass Swale are:
w
• Vegetation management to maintain adequate hydraulic functioning and to limit habitat
.for disease - carrying animals.
• Periodic sediment removal to optimize performance.
+� Trash, debris and grass trimmings to prevent obstruction of a Swale and monitoring
equipment.
+ Removal of standing water, which may contribute to the development of aquatic plant
communities or mosquito breeding areas.
3.1 Inspection Frequency
• Once a month at a minimum.
• After every large storm (after every storm monitored or those storms with more than 0.50
inch of precipitation.)
• On a weekly basis during extended periods of wet weather.
3.2 Aesthetic and Functional Maintenance
Functional ma"mtenance is important for performance and safety reasons.
Aesthetic Maintenance
The following activities will be included in the aesthetic maintenance program:
• Grass Trimming. Trimming of grass will be done on the swale, around fences, at the
inlet and outlet structures, and sampling structures.
• Weed Control. Weeds will be removed through mechanical means. Herbicide will not
be used because these chemicals may impact the water quality monitoring.
Functional Maintenance
Functional maintenance has two components: Preventive maintenance and
Corrective maintenance.
3.3 Preventive Maintenance
Preventive maintenance activities to be instituted at a grass swale are:
• Grass Mowing. Vegetation seed mix (Bermuda grass or similar) within the swale is
designed to be kept short not to exceed 2/3 of the flow depth to maintain adequate
hydraulic functioning and to limit the development of faunal habitats.
• 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). 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 Swale 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 swale will
be regraded, 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 (Bermuda grass or similar) has
been designed so that fertilization and irrigation is not necessary. Fertilizers and
irrigation will not be used to maintain the vegetation.
• Eliminatidn of Mosquito Breeding Habitats. The most effective mosquito control
program is one that eliminates potential breeding habitats.
3.4 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 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. 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 a
Swale and its inlet and outlet structures 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 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 loss 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, sodding, or reduced flow
through the area. Designers or contractors will be consulted to address erosion
problems if the. solution is not evident..
• 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.
3.5 Maintenance Frequency
Maintenance of vegetative swales primarily involves maintenance of the grass cover.
Slopes should be inspected for erosion or rills or gullies on an annual basis (semi - annual
first year). The maintenance program can be part of the regular landscape maintenance of
the site, administered by the responsible party,
N
4.0 PERMEABLE PAVERS
41 DESCRIPTION AND PURPOSE
Porous pavements have the potential to be an effective ultra -urban BMP. Different types of
porous pavements commercially available include porous asphalt and concrete surfaces, as well
as several types of lattice -type pavers (hollow concrete blocks and paving stones).
Vhle conventional pavement results in increased rates and volumes of surface runoff, porous
pavements, when properly constructed and maintained, allow some of the stormwater to
percolate naturally through the pavement and enter the soil below. This helps to retain the natural
iri$ltration rate facilitating groundwater recharge and maintaining base flows in urbanized
streams while providing the structural and functional features needed for the roadway, parking
lot, or sidewalk.
The paving surface, subgrade, and installation requirements of porous pavements are more
complex than those for conventional asphalt or concrete surfaces. For porous pavements to
function properly over an expected life span of 15 to 20 years, they must be properly sited and
carefully designed and installed, as well as periodically maintained. A failure to properly test for
soil drainage capacity and water table height, and a failure to protect paved areas from
construction - related sediment losses, can result in their premature clogging and failure. The
proper operation of porous pavements may also be a problem in regions that apply large amounts
bf road salt and where heavy truck loads are a problem.
4.2 DESIGN ALTERNATIVES
Porous pavement systems generally consist of at least four different layers of material. The top or
wearing layer consists of either asphalt or concrete with a greater than normal percentage of
voids (typically 1220 percenf in the case of asphalt). The wearing layer may also be comprised
of lattice -type pavers (either hollow concrete blocks or paving stones made from solid
conventional concrete or stone) that are set in a bedding material (sand, pea -sized gravel or turf
grass).
Below the wearing layer, a stone reservoir layer or a thick layer of aggregate (e.g., 50 mm [2 in]
stone). provides the bulk of the water storage capacity for a porous pavement system. In the
pavement design, it is important to ensure that this reservoir layer retains its load bearing
capacity under saturated conditions because it may take several days for complete drainage to .
occur. .
Typically, porous pavement designs include two (or more) transition layers that can be
constructed from 25 to 50 mm diameter stone. One transition layer separates the top wearing
layer from the underlying stone reservoir layer. Another transition layer is used to separate the
stone reservoir from the undisturbed subgrade soil. Some designs also add a geotextile layer to
this bottom layer or some combination of stones and geotextile.
Porous asphalt pavement, for example, consists of open grade asphalt mixture ranging. in depth
from 50 to 100 mm with 16 percent voids. The thickness selected depends on bearing strength
and pavement design requirements. This layer sits on a 25 to 50 mm transition layer located over
a stone reservoir. The bottom layer completes the transition to the underlying undisturbed soil
using a combination- transition/filter fabric layer,
Modular paving stones are also used to create porous pavements. These pavements can be
constructed in situ by pouring concrete into special frames or by using preformed blocks. The top
layer for these porous pavements consists of conventional concrete, with the intervening void
areas filled with either turf or sand. A transition or bedding layer is used to make the transition to
the reservoir layer. These lattice -type pavers or hollow concrete blocks are often used in
conjunction with turf grasses and are used in low - traffic parking lots, lanes, or driveways. Porous
pavements using paving stones have similar construction, but can be designed to have a much
higher load bearing capacity, and therefore have more widespread applicability. Construction
guidelines and design specifications are available from the manufacturers of these products.
4.3 EFFECTIVENESS
When operating properly, porous pavements are as effective at removing pollutants from
stormwater as other infiltration devices. Also like other infiltration BMPs, porous pavements are
not designed to sustain a high removal rate for suspended sediment. While initial removal rates
for suspended sediment are very high, the removal process causes clogging of the pavement and
subsequently reduces its infiltration capacity. As the infiltration capacity decreases, so does the
capture and treatment of runoff pollutants. Careful attention to maintenance~ is necessary to
reduce the potential for clogging. In addition, all adjacent areas should be stabilized to prevent
sediment from washing onto the pavement surface to prevent premature clogging. Hossain and
Scofield (199 1) found that a test section of porous pavement performed satisfactorily over five
years. Although a slight decrease in the infiltration rate occurred, both the infiltration rate and
storage capacity were above design values. Typical removal rates based on load reductions
observed are summarized in Table 17.
Table 17. Pollutant removal effectiveness for porous pavement ( °�)
Study I TSSZ z TP I TN NO3 l M l Comments
MWCi (1983) 95 160 f 88 - 99 .Rainfall
Hogland et al. (1987) 1 95 171 -3051 - 1607 1 ; 33 -96 f Snow:
i Prior agricultural land use in the area.
2 High loadings of TSS significantly reduce the life expectancy of porous pavement Bws.
4.4 FEATURES
Features of PAVING STONES
The unique design features funnel -like openings in the pavement surface which facilitate
rainwater infiltration, thereby reducing or eliminating stormwater runoff and maximizing
groundwater recharge and/or storage.
• Lessens or eliminates downstream flooding, stream bed and bank erosion and mitigates
pollution impact >on surrounding surface waters.
• Decreases project costs by reducing or eliminating drainage and retention systems
required by impermeable pavements and reduces cost of compliance with many
stormwater regulatory requirements.
• Permits better land -use planning, allowing more efficient use of available land for greater
economic value
• Provides a highly durable, yet permeable pavement surface capable of supporting
vehicular loads. g
4.5 INFMTRATION RATE AND DRAINAGE
The permeability and amount of infiltration are dependent on the infiltration rates of the joint and
drainage open material, the bedding layer material, and base materials.
With permeable subgrades, all the water may be drained directly into the subgrade, or if desired,
may be diverted to lateral storage or drainage systems.
To help maximize infiltration, the subgrade should have less than 5% passing the No. 200 (0.075
mm) sieve, though other soils may drain adequately depending on site conditions and specific
characteristics. With virtually all pavements, including permeable pavements, compaction of the
subgrade soil is required to ensure adequate structural stability and to minimize rutting.
However, compaction does reduce the infiltration rate of soils. Therefore, this should be
considered in the drainage design calculations for the project. Typically, the soil subgrade should
be compacted to at least 95% standard Proctor density for pedestrian pavements, and to a
minimum 95% modified Proctor density for vehicular applications. Some native soils, typically
silty sands and sands, have enough strength (a soaked CBR of at least 5 %) that compaction may
not be required.
TYP. NO.8 AGGREGATE IN OPENINGS
ECO -STONE CONCRETE PAVERS
3 1/8" (80 mm) THICK
CURB/EDGE RESTRAINT WITH CUT-OUTS
FOR OVERFLOW DRAINAGE (CURB SHOWN)
BEDDING COURSE 1 112" TO 2" (40 TO 50 mm) THICK
(TYP. NO., 8 AGGREGATE)
4;4100 MM) THICK NO. 57 STONE
O EN- GRADED BASE
MIN. 6" (150 MM) THICK
NO.2 STONE SUBBASE
OPTIONAL GEOTEXTILE ON BOTTOM AND
SIDES OF OPEN - GRADED BASE
PERFORATED PIPES SPACED AND SLOPED
TO DRAIN ALL STORED WATER
OUTFALL PIPE(S) SLOPED TO STORM
SEWER OR STREAM
SOIL SUBGRADE SLOPED TO DRAIN
TYPICAL PAVER SECTION
4.6. STONE PAVERS INSPECTION & MAINTENANCE
The primary maintenance requirement for permeable pavers is to clean the surface drainage
voids Fine debris and dirt accumulate in the drainage openings and reduce the pavement's flow
capacity: It is natural for clogging to occur over time, but routine maintenance can reduce this
problem. A maintenance checklist follows:
• Inspection of the site should occur monthly for the fast few months after construction.
Then inspections are to occur on an annual basis, preferably after rain events when
clogging will be obvious.
Conventional street sweepers equipped with vacuums, water, and brushes can be used to
restore permeability. Vacuum sweep four (4) times a year, properly disposing of the
removed material. Follow the sweeping with high-pressure hosing of the surface pores. If
necessary, add additional aggregate fill material made up of clean gravel.
Damaged interlocking paying blocks are to be replaced.
Even though some irreplaceable loss in permeability should be expected over the paver's
lifetime, you can increase the longevity of the system by following the maintenance schedule for
vacuum sweeping and high-pressu washing, restricting the area's use by heavy vehicles,
limiting the use of de -icing chemicals and sand, and implementing a stringent sediment control
plan.
0
$A FISCAL RESOURCES — Post BMP Maintenance and Maintenance
Assurance
51 Maintenanee mechanism to be in place before acceptance. (Section 16.108.010 of MC)
• Structural BMWs shall not be considered "effective," and shall not be accepted as meeting
the MEP standard, unless a mechanism is in place that will ensure ongoing long -term
maintenance of all structural BWs. As part of project review, if aproject proponent is
required to include interim or permanent structural BWs in project plans, and if the
Director of Development Services does not provide a mechanism for BMW maintenance,
the project proponent shall provide verification of maintenance requirements through
such means as may be appropriate, at the discretion of the Director of Development
Services, including, but not limited to covenants, legal agreements, maintenance
agreements, and/or conditional use permits. (Ord. 569 § 2, 2002)
5.2 Verification mechanisms. (Section 16.108.030 of MC)
• In all instances, the project proponent shall provide proof of execution of an approved
method of maintenance repair and replacement before the issuance of construction
approvals.
r The party responsible for the structural BW maintenance shall provide to the City
annual written verification of effective operation and maintenance of each approved
treatment control BMP. (Ord. 671 § 67, 2008; Ord. 569 § 2, 2002)
5.3 Responsible Party.
• The property owners are responsible for all inspection and maintenance activities as
outlined in this plan. ,
N
Lot 34, Heritage Ranch Estates
Operation and Maintenance plan for Treatment BMPs
G1631 - ADDENDUM
City of Poway, Ca.
April 13, 2011
Prepared For:
Keith Soares
14170 Bryce Point
Poway, CA 92064
Prepared By:
Florez Engineering
10732 Charbono Terrace
San Diego CA, 92131
(858) 229 -2493
K
w
a No. 0055555
EXP. 12 -31_ �2
INTRODUCTION
1.0 SELF TREATING AREAS
2.0 OPERATION AND MAINTENANCE (Self Treating Areas)
2.1 MOWING
2.2 GENERAL MAINTENANCE
2.3 INSPECTION FREQUENCY AND REQUIREMENTS
2.4 MAINTENANCE FREQUENCY AND REQUIREMENTS
3.0 BIO RETENTION CELLS
4.0 OPERATION AND MAINTENANCE (Bioretention Cells)
4.1 GENERAL MAINTENANCE
4.2 INSPECTION FREQUENCY AND REQUIREMENTS
4.3 MAINTENANCE FREQUENCY AND REQUIREMENTS
INTRODUCTION
The purpose of this addendum to the operation and maintenance plan is to propose the use of self -
retaining areas as an LID measure as an alternative to the originally proposed grass Swale for water
quality treatment for the upper section of the proposed concrete driveway. This addendum is
intended to replace Section 3 of the original O &M plan.
1.0 Self- Retaining Areas
Self- retaining areas are designed to retain the first one inch of rainfall without producing any
runoff. The technique works best on flat, heavily landscaped areas such as the area available for
treatment in this project.
To create self - retaining turf and landscape areas in flat areas depress the grade into a concave cross-
section so that these areas will retain the first inch of rainfall. Specify slopes, if any, toward the
center of the pervious area. Inlets of area drains, if any, should be set 3 inches above the low point
to allow ponding.
Areas draining to self - retaining areas. Runoff from the impervious driveway can be managed by
routing it to the proposed self - retaining pervious areas. The driveway can be sloped toward the
landscaped areas. The maximum ratio is 2 parts impervious area for every I part pervious area.
The drainage from the impervious area must be directed to and dispersed within the pervious area,
and the entire area must be designed to retain an inch of rainfall without flowing off -site.
In this case the maximum ratio of 2 parts impervious area into l part pervious area is used, then the
pervious area must absorb 3 inches of water over its surface before overflowing to an off- -site drain
to retain an inch of rainfall.
2.0 Operation and Maintenance (Self - retaining Areas)
The proper functioning of self-retaining areas depends on their long -term maintenance.
While maintenance is relatively minimal and similar to regular landscaped areas, extra care must be
taken to maintain the area's pollutant removal and infiltration capacity. This is accomplished by
maintaining soil structure; caring for soil invertebrates, mulching as needed, and periodic removal
of debris.
In general, maintenance strategies should reflect a commitment to environmentally sensitive
methods. Such methods typically favor physical labor over chemical applications; the use of low-
toxicity, low - residue compounds; and strategies such as Integrated Pest Management.
■
2.1 Mowing
Mowing is recoirnmended for grassed areas where turf grass is the only plant - type. Minimal grass
height should not be shorter than 2" for turf grasses and 3" for native grasses. Mowing should be
scheduled so as to maintain a neat, trim appearance.
High -use areas should be mowed at a frequency of once a week during the peak growing season
(late spring and early fall). However, these areas should be mowed less frequently during early
spring, mid- summer and late fall when blade growth is much slower. Low use areas should be
mowed less frequently, perhaps as infrequently as once a year, as dictated by on -site needs and
landowner preference.
2.2 General Maintenance
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
self retaining area will be monitored once a month during the dry season, after every large storm
(0.50 inch). 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 self - retaining area 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.
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 (Bermuda grass or similar) has been designed
so that fertilization and irrigation is not necessary. Fertilizers and irrigation will not be used to
maintain the vegetation.
2.3 Inspection Frequency and Requirements
Frequency
• Once a month at a minimum.
• After every large storm (after every storm monitored or those storms with more than 0.50
inch of precipitation.)
On a weekly basis during extended periods of wet weather.
Requirements(Visu al Observation)
• Monitor height of grass.
• Inspect for debris accumulation.
• Inspect for accumulated sediment around yard drains
2.4 Maintenance Frequency and Requirements
Frequency
• Twice a month at a minimum during peak growing season (late spring and early fall).
• Once a month when blade growth is much slower (early spring, mid- summer and late fall).
Requirements
• Mowing maintenance of the grass cover.
• Removal of debris and sediment accumulation.
• Weed Control.
3.0 Bioretention Cells
Bioretention cells are a terrestrial- based, water quality and water quantity control practice using the
chemical, biological, and physical properties of plants, microbes, and soils for removal of pollutants
from stormwater runoff. Some of the processes that may take place in a bioretention facility include
sedimentation, adsorption, filtration, volatilization, ion exchange, decomposition, phytoremediation,
bioremediation, and storage capacity.
4.0 Operation and Maintenance (Bioretention Cell)
The proper functioning of bioretention cells depends on their long -term maintenance. While
maintenance is relatively minimal and similar to regular landscaped areas, extra care must be taken
to maintain the area's pollutant removal and infiltration capacity. This is accomplished by
maintaining soil structure, caring for soil invertebrates, mulching as needed, and periodic removal
of debris.
In general, maintenance strategies should reflect a commitment to environmentally sensitive
methods. Such methods typically favor physical labor over chemical applications; the use of low-
toxicity, low- residue compounds; and strategies such as Integrated Pest Management.
4.1 General Maintenance
Trash and Debris. During each inspection and maintenance visit to the site, debris and trash
removal will be conducted to reduce the potential for outlet pipes 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
bioretention cell will be monitored once a month during the dry season, after every large storm.
(0.50 inch). 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 self - retaining area 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.
Removal of Standing Water. Standing water must be removed if it contributes to the development of
aquatic plant communities or mosquito breeding areas.
4.2 Inspection Frequency and Requirements
Frequency
• Once a month at a minimum.
• After every large storm (after every storm monitored or those storms with more than 0.50
inch of precipitation.)
• On a weekly basis during extended periods of wet weather.
Requirements (Visual Observation)
• Inspect the bioretention area for proper drawdown or evidence of clogging
• Inspect for debris accumulation.
• Inspect for accumulated sediment around yard drains
4.3 Maintenance Frequency and Requirements
Frequency
• Once a month at a minimum during peak growing season (late spring and early fall).
Requirements
• Removal of debris and sediment accumulation.
• Check condition of soil mix and replace as necessary
• Check condition of the outlet pipe and replace if cracked or damaged
l
EXHIBIT "C"
That portion of lot 34 of Heritage Ranch Estates Subdivision, in the County of San Diego, State
of California, according to Map thereof No. 14388, More particularly described as follows.
Beginning at the most Southeast corner of said lot 34, which point is on the west side of a 40.00
foot right -of -way, having a curve concaved to the southeast, a radius of 420.00 feet, also having
a radial bearing of N 78 °43'26" W, thence northeast along said right -of -way through a central
angle of 4 °4839 ", a length of 35.26 feet to the TRUE POINT OF BEGINNING; thence continuing
northeasterly along said curve and right -of -way, through a central angle of 3 °2439" a length of
25.00 feet; thence leaving said curve N 72 °12'29" W, a distance of 23.69 feet to the beginning
of a tangent curve concaved to the northeast having a radius of 122.50 feet; thence northerly
along said curve through a central angle of 95 °11'51 ", a length of 203.53 feet to a tangent line;
thence N 22 °59 22 " E, 27.00 feet, thence N 35 °13'33" E, a distance of 84.86 feet; thence
N 36 °40'52" W, a distance of 229.02 feet to an intersection with the north line of said lot 34;
thence along said north line S 52 °38'13" W, a distance of 35.51 feet; thence leaving said north
line S 11 °30'48 W, a distance of 82.26 feet; thence S 12 °49'13" E, a distance of 33.29 feet;
thence S 43 °13 "50" E, a distance of 149.06 feet; thence S 22 "59'22 " W, a distance of 27.00 feet
to a tangent curve concaved northeast, having a radius of 147.50 feet; thence southerly along
said curve through a central angle of 95 °11'51 ", a length of 245.07 feet to a tangent line; thence
S 72 °12'29" E, a distance of 23.69 feet to the TRIBE POINT OF BEGINNING.
0.678 ACRES
Legal description prepared by;
Kappa Surveying, Inc.
7 date.May9,2011
Allen R. A. Turner III, PLS
Registration expires December 31, 2012 .
EXH IB I T "C"
" LOT 32 / EXISTING OPEN SPACE EASEMENT I
S52 °38'13 "W / PER FINAL MAP 14388 (TYP) I
35.51 LOT 34 I
S11 ° 30'48 "W •
82.26' �� • . •
INDICATES AREA FOR
60.14 a'° ACCESS /MAINTENANCE
I O, OF PERMANENT BMP'S '
i PER OPERATIONS &
\ �'' �, •• MAINTENANCE PLAN
S 12 ° 49' 13iE �sr /
33.29' 0
\ u i
\ O, - ii? N35 T3'33 "E
F loll :Z(4 . 86 ' �--
�� go � PROPOSED STORMWATER /
n' 6 '• �� AGREEMENT EASEMENT LIMITS (TYP)
S22 59' 22"
27.00' -=-N22 ° 59'22 "E
I / 27.00
i
3 D x=95 ° 11'51"
R= 122.50'
L= 203.53' /
S
\ C N72 ° 12'29 "W
`o. \ 23.69
L =25.00
R= 420.00
S72 012'29 "E &--03024'390
23.69' _ _ X04 ° 48'39"
N89 45 5 9 234.90 R= 420.Oo' E ! 80
TPOB 1 L =35.26'
SURVEY EXHal r OF
BRYCE POINT
LOT 34, MAP 14388, HER /TAGS RANCH ESTA TES
ARM: 277 - 220 -34
SURVEYING
8707 La Mesa Blvd (819) 485 -8948
La Mesa, Calif. 91942 FAX(819) 485 -8410
VEY DA TE.• NONE
JOB NO.: 227411
PLA T DA TE.• 4128111
DRAFTER. ART
LAN s
A. T
a q
* EXP. DEC 31 12 �.
NO. 7844
OF CAj+i
Allen R �. r ID PIS