2018-238852 , a
DOC# 2018-0238852
II I IIII II II IIII III I II I IIIII III II IIII III IIIII III II
Jun 13, 2018 10:22 AM
OFFICIAL RECORDS
Recording Requested By: Ernest J. Dronenburg, Jr.,
g q y SAN DIEGO COUNTY RECORDER
FEES: $83.00 (SB2 Atkins: $0.00)
City Engineer
PAGES: 24
When Recorded Mail to:
City.Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
SPACE ABOVE FOR RECORDER'S USE
MAINTENANCE AGREEMENT FOR PRIVATE STORMWATER TREATMENT AND
STORMWATER POLLUTION CONTROL AND HYDROMODIFICATION
MANAGEMENT FACILITIES BY HOMEOWNER'S ASSOCIATION
APNs:264-291-17 Grading Plan: 13607-G
264-291-18.
THIS AGREEMENT is between the City of Encinitas, a municipal corporation,
hereinafter referred to as the "City", and 3462 WESTERN SPRINGS ROAD, LLC. AND
3225 COUNTRY ROSE CIRCLE, LLC, _A CALIFORNIA LIMITED LIABILITY
COMPANY, its heirs, successors, and assigns, collectively hereinafter referred to as
"Owner", owner(s) of that certain real property, hereinafter referred to as "Property",
that is described in Exhibit "A" which is attached hereto and made a part hereof. This
Agreement is for the periodic Maintenance of certain private stormwater treatment,
pollution control, and hydromodification management facilities, hereinafter referred to
collectively as "Stormwater Facilities". Stormwater Facilities include but are not limited
to Best Management Practices (BMPs), Integrated Management Practices (IMPs), Low
Impact Development (LID) features, Hydromodification Management Plan (HMP)
facilities, structural stormwater treatment devices, and drainage facilities. The
description and plat of Stormwater Facilities is set forth in Exhibit "B" which is attached
hereto and made a part hereof.
WHEREAS, this Agreement is required by the City as a condition of approval of a
City permit pursuant to City of Encinitas Municipal Code Chapter 20.08 and Chapter
23.24 as well as the City of Encinitas Stormwater Manual; and
WHEREAS, the Stormwater Facilities benefit said Property and are used by
OWNER; and
WHEREAS, the Property benefits and uses the Stormwater Facilities, which are
described in Exhibit "B"; and
WHEREAS, it is the desire of the City and the responsibility of the Owner that
Maintenance of said Stormwater Facilities occur on a regular and periodic basis as
necessary to preserve the Storm Water Facilities in good-working order in accordance
_with the minimum Maintenance requirements' set forth in Exhibit "C" which is attached
hereto and made a part hereof and in accordance with the City of Encinitas Municipal
Code, the Encinitas Stormwater Manual, and other related City policies and
requirements; and
WHEREAS, it is the intention of the Owner and the City that this Agreement
constitute a covenant running with the land, binding upon each successive owner of all
or any portion of the Property into perpetuity.
NOW THEREFORE, IT IS HEREBY AGREED FOR VALUABLE
CONSIDERATION AS FOLLOWS:
1) This agreement establishes the Owner's maintenance requirements for the
Stormwater Facilities. The term "Maintenance" wherever capitalized in this
agreement shall include, but shall not be limited to: inspection for purposes of
identifying operational deficiencies in the Stormwater Facilities, routine upkeep and
repair of the Stormwater Facilities in proper working order as determined by the City,
and preparation and submittal of the annual inspection report to the City, all as set
forth in subparagraph 1.i) through 1.iii).
i) The Owner shall inspect the Stormwater Facilities after all major storms. In
addition, the Owner shall inspect the Stormwater Facilities at the minimum
frequency specified in Exhibit "C", but not less than twice per year.
ii) The Owner shall provide upkeep and repair to preserve the Stormwater
Facilities in good working order and shall repair all deficiencies identified in
the Owner's inspections no later than 30 days following the inspection or prior
to the next anticipated rain event. Interim water quality control measures shall
be utilized to protect damaged or deficient Stormwater Facilities during any
storm event until such time as the Facilities are restored to good working
order. The minimum upkeep and repair frequency shall be consistent with
the Exhibit "C" but not less than once per year. To the satisfaction of the
Director of Engineering Services, the Owner shall ensure that the Stormwater
Facilities are in proper working order for the rainy season, which starts on
October 1.
iii) The Owner shall obtain the City of Encinitas Stormwater Inspection Report
form from the City website or the City of Encinitas Civic Center, complete the
inspection report form, and submit the inspection report to the City of
Encinitas Department of Engineering Services. Prior to the submittal of the
inspection report to the City, the Owner shall perform an inspection of the
Stormwater Facilities, identify deficiencies, and repair and correct all
deficiencies. The inspection report shall be submitted to the City once a year
between August 1 and September 30.
2) The Property is benefited by this Agreement, and it is the purpose of the signatories
hereto that this instrument be recorded to the end and intent that the obligation
hereby created shall be and constitute a covenant running with the land. Any heirs,
executors, administrators, assignees, and/or successors in interest to all or any
portion of the Property, by acceptance of delivery of a deed and/or conveyance
regardless of form,�shall be deemed to have consented to and become expressly
bound by these presents, including without limitation, the right of any person entitled
to enforce the terms of this Agreement' to institute legal action as provided in
Paragraph 12 hereof, such remedy to be cumulative and in addition to other
remedies provided in this Agreement and to all other remedies at law or in equity.
3) The Storrwater Facilities shall be constructed by and have Maintenance performed
by.the Owner in accordance with the terms and conditions of this agreement and the
plans and specifications identified in approved Grading Plan Number 13607-G which
is on file as a permanent public record in the City of Encinitas.
4) The cost and expense of Maintenance of the Stormwater Facilities shall be paid by
the Owner.
5) In the event the Property is subdivided in the future, the owners, heirs, assigns, and
successors in interest of each such newly created parcel(s) shall be liable under this
Agreement for their then pro rata share of expenses reflecting such newly created
parcels.
6) The Maintenance to be performed under this Agreement shall include upkeep,-
repair, and improvements to adequately ensure the Stormwater Facilities are in
proper working order as determined by the City. Upkeep, repair, and improvements
under this Agreement shall include, but are not limited to, repairing access
roadbeds; repairing, preserving, and providing improvement for the upkeep of
drainage structures; removing debris, sediment, oil, grease, and other pollutants as
determined by the City; perpetually preserving adequate groundcover and/or other
erosion control measures within the Property in order to prevent erosion; and the
management of materials, pollutants, and hazardous waste to prevent pollution of
the stormwater system or Municipal Separate Stormwater Sewer System (MS4) as
referenced in local and State codes. Upkeep, repair, and improvement shall also
include other work necessary to repair and preserve the Stormwater Facilities for
their intended purposes as well as the restoration of the Stormwater Facilities
following any non-permitted modification. The restoration shall be as required to
restore the Stormwater Facilities to the condition existing prior to damage or
alteration.
7) Any liability of the Owner for personal injury to any worker employed to provide
Maintenance under this Agreement, or to third persons, as well as any liability of the
Owner for damage to the property of any third persons, as a result of or arising out
of Maintenance under this Agreement, shall be borne by the Owner.
8) Owner shall jointly and severally defend, indemnify, and hold harmless the City,
City's engineer, its consultants, and each of its officials, directors, officers, agents,_
and employees from and against all liability, claims, damages, losses, expenses,
personal injury, and other costs, including costs of defense and attorney's fees, to
any contractor, any subcontractor, any user of the Stormwater Facilities, or to any
other third persons arising out of or in any way related to the use, Maintenance, or
the failure to provide Maintenance for the Stormwater Facilities. This Agreement
imposes no liability of any kind whatsoever on the City and the Owner agrees to
hold the City harmless from any liability in the event the Stormwater Facilities fail to
operate properly.
9) Nothing in this Agreement, the specifications, other contract documents, the City's
approval of the plans and specifications, or the City's inspection of the work
constitutes an acknowledgement of any City responsibility for any such item:or the
material contained therein, and the City, City's engineer, its consultants, and each of
its officials, directors, officers, employees and agents, shall have no responsibility or
liability therefore.
10)The Owner shall provide access to the Stormwater Facilities within the Property to
City's inspectors, employees, agents, and contractors within 48 hours of receipt of a
written notification by the City. The access shall be provided unconditionally and
without any obstruction, interference, or hazard. Any animals kept on the Property
shall be secured outside of the area subject to the City's inspection.
11)The Owner hereby grants permission to the City, its authorized agents, and its
employees, to enter upon the Property and to inspect the Stormwater Facilities
following a 48 hour notice whenever the City deems necessary. The purpose of
inspection is to evaluate the condition and performance of the Stormwater Facilities,
to follow-up on reported deficiencies, to respond to citizen complaints, and/or to
comply with State and City requirements for City inspection of such facilities. The
City shall provide the Owner with copies of the inspection findings and a directive to
commence with any repairs deemed necessary.
12)ln the event the Owner fails to maintain the Stormwater Facilities in good working
condition as determined by the City Engineer, the City, its agents, employees, or its
contractors, may'enter upon the Property and take the steps deemed necessary to
correct deficiencies and shall charge the costs of such repairs to the Owner. In the
event the City pursuant to this Agreement, performs work of any nature, or expends
any funds for attorney's fees, administrative costs, contractors, employees,
consultants, materials, or other costs in the performance of said work, the Owner
shall reimburse the City in full. Such reimbursement shall be due within thirty (30)
days of receipt of a notification for all costs incurred by the City, including any
administrative costs and attorney's fees. If said funds are not paid by Owner within
(30) days, City reserves the right to take legal action for cost recovery and to file with
the County Recorder of San Diego County an assessment lien on the Property. It is
expressly understood and agreed that the City is under no obligation to maintain or
repair said Stormwater Facilities, and in no event shall this Agreement be construed
to impose any such obligation on the City.
13)The terms of this Agreement may be amended in writing following Owner's request
and upon written approval by the City Engineer,
14)This Agreement shall be governed by the laws of the State of California. 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 HEREOF, the parties have executed this Agreement.
OWNER:
Via es Brady, Manager Date
2 Western Springs Rd., LLC.
ZV
ai es Brady, Manager Date
3V5 Country Rose Circle, LLC.
Signature of OWNER must be notarized. Attach the appropriate acknowledgement.
CITY OF ENCINITAS:
c
Christophe . Magdosku Date
City Engineer
Development Services Department
City of Encinitas
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 n.,, b i f_�o
f' �a
6 6�r7�� 20l rr L u�sy INl�►n h �u� i G /V��-�+��
On before me,
Date 1 Here Insert Name and Title of the Officer
personally appeared J tiv-�, 1 13ra d 4
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
LAUREN KIRSTEN MANN laws of the State of California that the foregoing
a Commission#2073777 paragraph is true and correct.
z : Notary Public-California D
San Diego County WITNESS my hand and official seal.
My Comm. Expires Jul 5,2018
Signature
Place Notary Seal and/or Stomp Above Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Documentl �1
Title or Type of Document: ��t���vitih k /'►�rw,r�-�� 3w�2 WCSL-r'l
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
02017 National Notary Association
. i
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 SG,'.% biG4 0 I^
On G6�o�!201 Y before me, Lku✓rte fN1��,� rA I rG o%j,
Date ` R Here Insert Name and Title of the Officer
personally appeared _ J� � ` ,kd 4
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
Commission n#2073777
laws of the State of California that the foregoing
LAUREN KI MANN paragraph is true and correct.
#
Z"'n n Notary Public-California D WITNESS my hand and official seal.
San Diego County
My Comm. Expires Jul 5,2018
Signature
Place Notary Seal and/or Stamp Above Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or.
fraudulent reattachment of this form to on unintended document.
Description of Attached Document
Title or Type of Document: M1,i✓l 6.1&VI Gj ����►� 3x-23 thaw},y 12.t,
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
02017 National Notary Association
, t
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_ Yl bl emo )
On G-9-ZOIg before me, ,6, �� m6n o 'PokliC
Date t Here Insert Name and Title of the fficer
personally appeared 11C,r
Name(s) of Si er(s)
who proved to me on the basis of satisfactory evidence to be th pe/=they n(s) whose names) Is re
scribed to the within instrument and ackno ged to me that executed the same In
is/ er/their authorized capacity(ies),and that his/ er/their signatur on the instrument the person(s),
the entity upon behalf of which the person(s ed, 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.
ANGELA A, SIMON
Comm.#2182396 WITNESS my hand and official seal.
N NOTARY PUBLIC.-CALIFORNIA N
SAN OiEco CouNr
�+ma� MY Comm.Exp.MAR.2.MI
Signature
S nature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑Corporate Officer - Title(s): ❑Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
PROPERTY
3462 WESTERN SPRINGS RD.
APN: 264-291-18-00
LEGAL DESCRIPTION:
LOT 18 OF CITY OF ENCINITAS TRACT 4574 IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 11809, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO, MAY 18, 1987.
PROPERTY
3225 COUNTRY ROSE CIRCLE
APN: 264-291-17-00
LEGAL DESCRIPTION:
LOT 17 OF CITY OF ENCINITAS TRACT 4574 IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 11809, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO, MAY 18, 1987.
STORM WATER MAINTENANCE AGREEMENT
EXHIBIT 'B-1'
0
OWNER d
JAMES BRADY, MANAGER COUNTRY ROSE CIR.
3462 WESTERN SPRINGS RD., LLC. "'y zco
3462 WESTERN SPRINGS, °� �z
ENCINITAS, CA, 92024 wcLjr
SITE ADDRESS
RANCHO FORTUNA RANCH DR.
3492 WESTERN SPRINGS RD. ENCR17AS
ENCINITAS, CA, 92024
APN: 264-291-18
LONE JACK RD.
LEGAL DESCRIPTION
LOT 18 OF CITY OF ENCINITAS TRACT 4574 IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 11809, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO, MAY 18, 1987.
DROUGHT TOLERANT
OVERFLOW 36"X 36"CATCH BASIN PLANTS (TYP.)
CAST-IN-PLACE
2"HARDWOOD MULCH/GRASS
COVER OR CITY APPROVED
EQUIVALENT FG=315'
FG=315'
_- 2.� .L �
-III-I I FG=314':I I - 10" 12 I-III-I �I I I-III-I I-�
11=1 I I-1 I I-1 I 1=1 I I-I 11=1 I I-I I I-1 11=1 I I-III-
18"LAYER ENGINEERED SOIL— 1 I 1 III III— —III-I I 1 I—I I(—I 11=1 11=1 I I—I 11=1 I Ml I
*SEE NOTE BELOW=I I I=1 - 1= I I=III III=III=1 11=1 11=1 11=1 I 1-1 11-1 11=1 I 1-111=
I—I 11=1 I�I 11-1 1 I=1 — — _2" LAYER OF 3/8"GRAVEL
�-���
4" PVC PERFORATED=_ =11_ ITj—ITi=1 I[=[ I=1 1_
SUBD_RAINI I 1=III= —_ _ 16"LAYER OF 3/4"GRAVEL
-111=1 11=*"SEE NOTE BELOW
=1_I f-1 I I-I 11=1 I�I I�I I I-III-I I-I I�I I I 1=1 i I-I i 1=1 i 1=i 11 -111=1 11=1 11=1 I I-
-II1-III-111-111=111=111=1 1 11-1 I-1 1_�6 PVC FEIII-III-III-
-1 I II II 111 I III i 11 11 111 I I I-I 11=III-I I I-OUTLET PIPE -I I I=I I I=I I II;1
�I 11-I IIE=31100' 11=1 I=1 11-
4" PERFORATED PIPE INLET W/CAPS=III=I I�I I I=III-1I I—III—III—I I i—III—I 11—
AND 3/8"ORIFICE, IE 311.25'=1 I 1=1 I 1=11 i—� —i i i—i i i—iii—I 11—x- -
* BIORETENTION "ENGINEERED SOIL" LAYER SHALL BE MINIMUM 18" DEEP "SANDY LOAM"
SOIL MIX WITH NO MORE THAN 5% CLAY CONTENT. THE MIX SHALL CONTAIN 50-60% SAND,
20-30% COMPOST OR HARDWOORD MULCH, AND 20-30% TOPSOIL, FREE OF STONES,
STUMPS, ROOTS, OR SIMILAR OBJECTS, AND ALSO FREE OF NOXIOUS WEEDS.
**3/4" CRUSHED ROCK LAYER SHALL BE A MINIMUM OF 18" BUT MAY BE DEEPENED TO
INCREASE THE INFILTRATION AND STORAGE ABILITY OF THE DETAIL THE EFFECTIVE AREA
OF THE BASIN SHALL BE LEVEL AND SHALL BE SIZED BASED ON CALCULATION.
TYPICALLY, THE SURFACE AREA OF THE BIORETENTION BASIN IS 4% OF THE IMPERVIOUS
AREA DRAINING TO IT.ALL BIORETENTION PLANTERS TO BE DEPRESSED AT LEAST 6"
BELOW ADJACENT FINISHED SURFACE
BIORETENTION DETAIL
NOT TO SCALE
STORM WATER MAINTENANCE AGREEMENT
EXHIBIT 'B-2'
�d
OWNER
JAMES BRADY, MANAGER y COUNTRY ROSE CIR.
3225 COUNTRY ROSE CIRCLE., LLC.
ir�
3225 COUNTRY ROSE CIRCLE, �� �z
ENCINITAS, CA, 92024
�c�
RANCHO FORTUNA RANCH DR.
SITE ADDRESS ENCINITAS
3225 COUNTRY ROSE CIRCLE
ENCINITAS, CA, 92024
APN: 264-291-17
LONE JACK RD.
LEGAL DESCRIPTION
LOT 17 OF CITY OF ENCINITAS TRACT 4574 IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 11809, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO, MAY 18, 1987.
DROUGHT TOLERANT
PLANTS (TYP.)
OVERFLOW 36"X 36"CATCH BASIN
CAST-IN-PLACE
2"HARDWOOD MULCH/GRASS
COVER OR CITY APPROVED
EQUIVALENT FG=329'
FG=329'
-- 2.� I � � 21 =—==I�1=1�1
-III—I FG=328'-1 I — 10 12 I-1 I I-1 11-I 11-1 11-1 I I-1
III-III—I I 1=1 I — _ _ _ -I 11=1II=1 I I=111=III=III=III_
TI=1 i 1=1 i 1=1 11=1 I I-1 11=1 I 1=1 I I-I 11=1 11=1 11=1 11=1 11=1 I I-
18"LAYER ENGINEERED SOIL— =1 I 1 1 1 1 1 —1�M I 11=1 I�I 11-III—III l 11=1 I m II
*SEE NOTE BELOW:_ I[= �_� �_� I-1 I I-1 I I=1 1-III-III=I 1=1 1 I;
I=111-11 I—I I I=III-11 - — — -2"LAYER OF 3/8" GRAVEL
4" PVC PER ORATEDPJJER�i�j=111-II :I-III—III=III=III=III=III=11
SUBDRAINII= X16" LAYER OF 3/4"GRAVEL
11=III=III d 11=___- --_ - --1 I 1-111=*"SEE NOTE BELOW
-1 I I-III-III-III-III-III-III-I I-I I i-I I I I-s'�IPVC 11=1 11-1 11=1 I m 11=1 I I-
-III-III-III=III=III-III-11 III=III=III_I 11=111=111=111-'
111-111=III-111-111=III II=II�III=III-OUTLET PIPE 1II-111=111=1
III-III—I 11=I 11=1 I-I I -III-III-III=I IIE=325.00' I L=111=1 I I-1
4" PERFORATED PIPE INLET W/CAPI=III—III—III=III-1I I—III—III—I I I—I I I—I
-
BIORETENTION "ENGINEERED SOIL" LAYER SHALL BE MINIMUM 18" DEEP "SANDY LOAM"
SOIL MIX WITH NO MORE THAN 5% CLAY CONTENT. THE MIX SHALL CONTAIN 50-60% SAND,
20-30% COMPOST OR HARDWOORD MULCH, AND 20-30% TOPSOIL, FREE OF STONES,
STUMPS, ROOTS, OR SIMILAR OBJECTS, AND ALSO FREE OF NOXIOUS WEEDS.
**3/4" CRUSHED ROCK LAYER SHALL BE A MINIMUM OF 18" BUT MAY BE DEEPENED TO
INCREASE THE INFILTRATION AND STORAGE ABILITY OF THE DETAIL THE EFFECTIVE AREA
OF THE BASIN SHALL BE LEVEL AND SHALL BE SIZED BASED ON CALCULATION.
TYPICALLY, THE SURFACE AREA OF THE BIORETENTION BASIN IS 4% OF THE IMPERVIOUS
AREA DRAINING TO IT. ALL BIORETENTION PLANTERS TO BE DEPRESSED AT LEAST 6"
BELOW ADJACENT FINISHED SURFACE
BIORETENTION DETAIL
NOT TO SCALE
STORM WATER MAINTENANCE AGREEMENT
EXHIBIT 'B-3'
ale
Go�N�Rv
ROSE %_� -- -- - ---- - — -
r
PROJECT SITE:
APN: 264-291-18 & 17 OWNER MAINTAINED BIORETENTION
BASIN NOT TO BE MODIFIED
WITHOUT PERMISSION FROM THE
OWNER MAINTAINED BIORETENTION BASIN CITY OF ENCINITAS.AREA= 610 SF
NOT TO BE MODIFIED WITHOUT PERMISSION
FROM THE CITY OF ENCINITAS.AREA= 583 SF
N
W E
S
SCALE 1" = 50'
' t
EXHIBI i `C'
Minimum Maintenance Requirements for Stormwater Facilities
(Frequency and Procedures)
PR-1
Biofiltration with Partial Retention
BMP MAINTENANCE FACT SHEET
FOR
STRUCTURAL BMP PR-1 BIOFILTRATION WITH PARTIAL RETENTION
Biofiltration with partial retention facilities are vegetated surface water systems that filter water through
vegetation and soil or engineered media prior to infiltrating into native soils, discharge via underdrain, or overflow
to the downstream conveyance system. These BMPs have an elevated underdrain discharge point that creates
storage capacity in the aggregate storage layer.Typical biofiltration with partial retention components include:
• Inflow distribution mechanisms(e.g., perimeter flow spreader or filter strips)
• Energy dissipation mechanism for concentrated inflows(e.g.,splash blocks or riprap)
• Shallow surface ponding for captured flows
• Side slope and basin bottom vegetation selected based on climate and ponding depth
• Non-floating mulch layer
• Media layer(planting mix or engineered media) capable of supporting vegetation growth
• Filter course layer consisting of aggregate to prevent the migration of fines into uncompacted native soils
or the aggregate storage layer
• Aggregate storage layer with underdrain(s)
• Uncompacted native soils at the bottom of the facility
• Overflow structure
Normal Expected Maintenance
Biofiltration with partial retention requires routine maintenance to: remove accumulated materials such as
sediment, trash or debris; maintain vegetation health; maintain infiltration capacity of the media layer; replenish
mulch; and maintain integrity of side slopes, inlets, energy dissipators, and outlets. A summary table of standard
inspection and maintenance indicators is provided within this Fact Sheet.
Non-Standard Maintenance or BMP Failure
If any of the following scenarios are observed, the BMP is not performing as intended to protect downstream
waterways from pollution and/or erosion. Corrective maintenance, increased inspection and maintenance, BMP
replacement,or a different BMP type will be required.
• The BMP is not drained between storm events. Surface ponding longer than approximately 24 hours
following a storm event may be detrimental to vegetation health, and surface ponding longer than
approximately 96 hours following a storm event poses a risk of vector(mosquito) breeding. Poor drainage
can result from clogging of the media layer, filter course, aggregate storage layer, underdrain, or outlet
structure.The specific cause of the drainage issue must be determined and corrected.
• Sediment, trash, or debris accumulation greater than 25% of the surface ponding volume within one
month. This means the load from the tributary drainage area is too high, reducing BMP function or
clogging the BMP. This would require pretreatment measures within the tributary area draining to the
BMP to intercept the materials. Pretreatment components, especially for sediment, will extend the life of
components that are more expensive to replace such as media,filter course, and aggregate layers.
PR-1 Page 1 of 11
January 12, 2017
PR-1
Biofiltration with Partial Retention
• Erosion due to concentrated storm water runoff flow that is not readily corrected by adding erosion
control blankets, adding stone at flow entry points, or minor re-grading to restore proper drainage
according to the original plan. If the issue is not corrected by restoring the BMP to the original plan and
grade,the[City Engineer]shall be contacted prior to any additional repairs or reconstruction.
Other Special Considerations
Biofiltration with partial retention is a vegetated structural BMP. Vegetated structural BMPs that are constructed
in the vicinity of, or connected to, an existing jurisdictional water or wetland could inadvertently result in creation
of expanded waters or wetlands. As such, vegetated structural BMPs have the potential to come under the
jurisdiction of the United States Army Corps of Engineers,SDRWQCB,California Department of Fish and Wildlife,or
the United States Fish and Wildlife Service. This could result in the need for specific resource agency permits and
costly mitigation to perform maintenance of the structural BMP.Along with proper placement of a structural BMP,
routine maintenance is key to preventing this scenario.
PR-1 Page 2 of 11
January 12, 2017
PR-1
Biofiltration with Partial Retention
SUMMARY OF STANDARD INSPECTION AND MAINTENANCE FOR PR-1 BIOFILTRATION WITH PARTIAL RETENTION
The property owner is responsible to ensure inspection,operation and maintenance of permanent BMPs on their property unless responsibility has been formally transferred to
an agency,community facilities district,homeowners association,property owners association,or other special district.
Maintenance frequencies listed in this table are average/typical frequencies.Actual maintenance needs are site-specific,and maintenance may be required more frequently.
Maintenance must be performed whenever needed,based on maintenance indicators presented in this table.The BMP owner is responsible for conducting regular inspections
to see when maintenance is needed based on the maintenance indicators.During the first year of operation of a structural BMP,inspection is recommended at least once prior
to August 31 and then monthly from September through May.Inspection during a storm event is also recommended.After the initial period of frequent inspections,the
minimum inspection and maintenance frequency can be determined based on the results of the first year inspections.
Threshold/Indicator Maintenance Action Typical Maintenance Frequency
Accumulation of sediment,litter,or debris Remove and properly dispose of accumulated materials, . Inspect monthly. If the BMP is 25% full* or more in
without damage to the vegetation or compaction of the one month, increase inspection frequency to monthly
media layer. plus after every 0.1-inch or larger storm event.
• Remove any accumulated materials found at each
inspection.
Obstructed inlet or outlet structure Clear blockage. . Inspect monthly and after every 0.5-inch or larger
storm event.
• Remove any accumulated materials found at each
inspection.
Damage to structural components such as weirs,inlet or Repair or replace as applicable. . Inspect annually.
outlet structures • Maintenance when needed.
Poor vegetation establishment Re-seed, re-plant, or re-establish vegetation per original • Inspect monthly.
plans. • Maintenance when needed.
Dead or diseased vegetation Remove dead or diseased vegetation, re-seed, re-plant, • Inspect monthly.
or re-establish vegetation per original plans. . Maintenance when needed.
Overgrown vegetation Mow or trim as appropriate. • Inspect monthly.
• Maintenance when needed.
2/3 of mulch has decomposed, or mulch has been Remove decomposed fraction and top off with fresh • Inspect monthly.
removed mulch to a total depth of 3 inches. • Replenish mulch annually, or more frequently when
needed based on inspection.
"25%full'is defined as%of the depth from the design bottom elevation to the crest of the outflow structure(e.g.,if the height to the outflow opening is 12 inches from the
bottom elevation,then the materials must be removed when there is 3 inches of accumulation—this should be marked on the outflow structure).
PR-1 Page 3 of 11
January 12, 2017
PR-1
Biofiltration with Partial Retention
SUMMARY OF STANDARD INSPECTION AND MAINTENANCE FOR PR-1 BIOFILTRATION WITH PARTIAL RETENTION(Continued from previous page)
Threshold/Indicator Maintenance Action Typical Maintenance Frequency
Erosion due to concentrated irrigation flow Repair/re-seed/re-plant eroded areas and adjust the . Inspect monthly.
irrigation system. • Maintenance when needed.
Erosion due to concentrated storm water runoff flow Repair/re-seed/re-plant eroded areas, and make . Inspect after every 0.5-inch or larger storm event. If
appropriate corrective measures such as adding erosion erosion due to storm water flow has been observed,
control blankets, adding stone at flow entry points, or increase inspection frequency to after every 0.1-inch
minor re-grading to restore proper drainage according or larger storm event.
to the original plan. If the issue is not corrected by . Maintenance when needed. If the issue is not
restoring the BMP to the original plan and grade, the corrected by restoring the BMP to the original plan
[City Engineer]shall be contacted prior to any additional and grade,the [City Engineer] shall be contacted prior
repairs or reconstruction. to any additional repairs or reconstruction.
Standing water in BMP for longer than 24 hours Make appropriate corrective measures such as adjusting • Inspect monthly and after every 0.5-inch or larger
following a storm event irrigation system, removing obstructions of debris or storm event. If standing water is observed, increase
invasive vegetation, clearing underdrains, or inspection frequency to after every 0.1-inch or larger
Surface ponding longer than approximately 24 hours repairing/replacing clogged or compacted soils. storm event.
following a storm event may be detrimental to . Maintenance when needed.
vegetation health
Presence of mosquitos/larvae If mosquitos/larvae are observed: first, immediately • Inspect monthly and after every 0.5-inch or larger
remove any standing water by dispersing to nearby storm event. If mosquitos are observed, increase
For images of egg rafts, larva, pupa, and adult landscaping; second, make corrective measures as inspection frequency to after every 0.1-inch or larger
mosquitos,see applicable to restore BMP drainage to prevent standing storm event.
htta://www.mosquito.org/biology water. . Maintenance when needed.
If mosquitos persist following corrective measures to
remove standing water, or if the BMP design does not
meet the 96-hour drawdown criteria due to release
rates controlled by an orifice installed on the
underdrain, the [City Engineer] shall be contacted to
determine a solution.A different BMP type, or a Vector
Management Plan prepared with concurrence from the
County of San Diego Department of Environmental
Health,may be required.
Underdrain clogged Clear blockage. . Inspect if standing water is observed for longer than
24-96 hours following a storm event.
• Maintenance when needed.
PR-1 Page 4 of 11
January 12, 2017
PR-1
Biofiltration with Partial Retention
References
American Mosquito Control Association.
http://www.mosqu ito.org/
California Storm Water Quality Association (CASQA). 2003. Municipal BMP Handbook.
https://www.casga.org/resources/bmp-handbooks/municipal-bmp-handbook
County of San Diego.2014. Low Impact Development Handbook.
http://www.sa nd iegocou nty.gov/content/sdc/dpw/watersheds/susmp/I id.html
San Diego County Copermittees. 2016. Model BMP Design Manual,Appendix E, Fact Sheet PR-1.
http://www.prooectcleanwater.org/index.php?option=com content&view=article&id=250&Item id=220
PR-1 Page 5 of 11
January 12, 2017
PR-1 a
Biofiltration with Partial Retention
Page Intentionally Blank for Double-Sided Printing
PR-1 Page 6 of 11
January 12, 2017
PR-1
Biofiltration with Partial Retention
Date: Inspector: BMP ID No.:
Permit No.: APN(s):
Property/Development Name: Responsible Party Name and Phone Number:
Property Address of BMP: Responsible Party Address:
INSPECTION AND MAINTENANCE CHECKLIST FOR PR-1 BIOFILTRATION WITH PARTIAL RETENTION PAGE 1 of 5
Threshold/Indicator Maintenance Recommendation Date Description of Maintenance Conducted
Accumulation of sediment,litter,or debris ❑ Remove and properly dispose of
Maintenance Needed? accumulated materials,without damage
to the vegetation
❑YES ❑ If sediment,litter,or debris accumulation
❑ NO exceeds 25%of the surface ponding
❑ N/A volume within one month(25%full*),
add a forebay or other pre-treatment
measures within the tributary area
draining to the BMP to intercept the
materials.
❑ Other/Comments:
Poor vegetation establishment ❑ Re-seed,re-plant,or re-establish
Maintenance Needed? vegetation per original plans
❑YES ❑ Other/Comments:
❑ NO
❑ N/A
*"25%full"is defined as%of the depth from the design bottom elevation to the crest of the outflow structure(e.g.,if the height to the outflow opening is 12 inches from the
bottom elevation,then the materials must be removed when there is 3 inches of accumulation—this should be marked on the outflow structure).
PR-1 Page 7 of 11
January 12, 2017
PR-1
Biofiltration with Partial Retention
Date: I Inspector: BMP ID No.:
Permit No.: I APN(s):
INSPECTION AND MAINTENANCE CHECKLIST FOR PR-1 BIOFILTRATION WITH PARTIAL RETENTION PAGE 2 of 5
Threshold/indicator Maintenance Recommendation Date Description of Maintenance Conducted
Dead or diseased vegetation ❑ Remove dead or diseased vegetation,re-
Maintenance Needed? seed,re-plant,or re-establish vegetation
per original plans
❑YES ❑ Other/Comments:
❑ NO
❑ N/A
Overgrown vegetation ❑ Mow or trim as appropriate
Maintenance Needed? ❑ other/Comments:
❑YES
❑ NO
❑ N/A
2/3 of mulch has decomposed, or mulch has ❑ Remove decomposed fraction and top off
been removed with fresh mulch to a total depth of 3
Maintenance Needed? inches
❑YES ❑ Other/Comments:
❑ NO
❑ N/A
PR-1 Page S of 11
January 12, 2017
t
PR-1
Biofiltration with Partial Retention '
Date: Inspector: BMP ID No.:
Permit No.: APN(s):
INSPECTION AND MAINTENANCE CHECKLIST FOR PR-1 BIOFILTRATION WITH PARTIAL RETENTION PAGE 3 of 5
Threshold/Indicator Maintenance Recommendation Date Description of Maintenance Conducted
Erosion due to concentrated irrigation flow ❑ Repair/re-seed/re-plant eroded areas and
Maintenance Needed? adjust the irrigation system
❑YES ❑ Other/Comments:
❑ NO
❑ N/A
Erosion due to concentrated storm water ❑ Repair/re-seed/re-plant eroded areas,and
runoff flow make appropriate corrective measures
Maintenance Needed? such as adding erosion control blankets,
adding stone at flow entry points,or
❑YES minor re-grading to restore proper
❑ NO drainage according to the original plan
❑ N/A ❑ If the issue is not corrected by restoring the
BMP to the original plan and grade,the
[City Engineer]shall be contacted prior to
any additional repairs or reconstruction
❑ Other/Comments:
PR-1 Page 9 of 11
January 12, 2017
PR-1 i
Biofiltration with Partial Retention
Date: Inspector: BMP ID No.:
Permit No.: APN(s):
INSPECTION AND MAINTENANCE CHECKLIST FOR PR-1 BIOFILTRATION WITH PARTIAL RETENTION PAGE 4 of S
Threshold/Indicator Maintenance Recommendation Date Description of Maintenance Conducted
Obstructed inlet or outlet structure ❑ Clear blockage
Maintenance Needed? ❑ Other/Comments:
❑YES
❑ NO
❑ N/A
Underdrain clogged (inspect underdrain if ❑ Clear blockage
standing water is observed for longer than 24-
96 hours following a storm event) ❑ Other/Comments:
Maintenance Needed?
❑YES
❑ NO
❑ N/A
Damage to structural components such as ❑ Repair or replace as applicable
weirs,inlet or outlet structures
❑ other/Comments:
Maintenance Needed?
❑YES
❑ NO
❑ N/A
PR-1 Page 10 of 11
January 12, 2017
PR-1
Biofiltration with Partial Retention
Date: Inspector: BMP ID No.:
Permit No.: APN(s):
INSPECTION AND MAINTENANCE CHECKLIST FOR PR-1 BIOFILTRATION WITH PARTIAL RETENTION PAGE 5 of 5
Threshold/Indicator Maintenance Recommendation Date Description of Maintenance Conducted
Standing water in BMP for longer than 24 hours ❑ Make appropriate corrective measures such
following a storm event* as adjusting irrigation system,removing
Surface ponding longer than approximately 24 obstructions of debris or invasive
hours following a storm event may be vegetation,clearing underdrains,or
repairing/replacing clogged or compacted
detrimental to vegetation health
soils
Maintenance Needed?
❑ Other/Comments:
❑YES
❑ NO
❑ N/A
Presence of mosquitos/larvae ❑Apply corrective measures to remove
standing water in BMP when standing
For images of egg rafts, larva, pupa, and adult water occurs for longer than 24-96 hours
mosquitos,see following a storm event.**
http://www.mosquito.org/biology
❑ Other/Comments:
Maintenance Needed?
❑YES
❑ NO
❑ N/A
*Surface ponding longer than approximately 24 hours following a storm event may be detrimental to vegetation health,and surface ponding longer than approximately 96 hours
following a storm event poses a risk of vector(mosquito)breeding.Poor drainage can result from clogging of the media layer,filter course,aggregate storage layer, underdrain,
or outlet structure.The specific cause of the drainage issue must be determined and corrected.
**If mosquitos persist following corrective measures to remove standing water, or if the BMP design does not meet the 96-hour drawdown criteria due to release rates
controlled by an orifice installed on the underdrain,the(City Engineer)shall be contacted to determine a solution.A different BMP type,or a Vector Management Plan prepared
with concurrence from the County of San Diego Department of Environmental Health,may be required.
PR-1 Page 11 of 11
January 12, 2017