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2018-312306 DOC# 2018-0312306 RECORDING REQUESTED BY AND, Jul 31, 2018 04:11 PM OFFICIAL RECORDS WHN RECORDED MAIL TO: ) Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $80.00 (SB2 Atkins: $0.00) ) CIT CLERK ) PAGES: 23 CIT OF ENCINITAS ) 505 SOUTH VULCAN AVENUE ) EN INITAS, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE AGREEMENT FOR MAINTENANCE OF PRIVATE STORM WATER POLLUTION AND FLOW CONTROL FACILITIES BY AGENT OF COMMERCIAL FACILITY AP I\: 258-242-06 Permit No.: 13761-G �\ \ Site Address: 326 Santa Fe Drive Case No..: 06-066 MUP THIS AGREEMENT is between the City of Encinitas a municipal corporation, her inafter referred to as the "City", and Scripps Health, a California nonprofit public ben fit corporation, 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 her Iment of. This Agreement is for the periodic Maintenance of certain private stormwater trea and pollution control facilities, hereinafter referred to collectively as "Stormwater Facilities". Stormwater Facilities include but are not limited to Best Ma agement Practices (BMPs), Integrated Management Practices (IMPs), Low Impact Dev lopment (LID) features, Structural stormwater treatment devices, and drainage facilities. The description and plat of.Stormwater Facilities is set forth in Exhibit "B" whi h is, attached hereto and made a part hereof. WHEREAS, this Agreement is required by the City as condition of approval of a City permit pursuant to City of Encinitas Municipal Code Chapter 20:08 and Chapter 23. 4 as well as the City of Encinitas Stormwater Manual; and WHEREAS, the Stormwater Facilities benefit said Property and are used by Owner and his/her tenants their heirs, successors, and assigns; and WHEREAS, it is the desire of the City, the responsibility of the Owner and tenants, and to the benefit of the Public that Maintenance of said Stormwater Facilities occur on a r gular 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 witl� the City of Encinitas Municipal Code, the Encinitas Stormwater Manual, and other related City policies and requirements; and WHEREAS, it is responsibility of the Owner to assure his/her tenants will comply with and enforce the terms and conditions of this agreement; WHEREAS, it is responsibility of the Owner to disclose this agreement to all the futura tenants using, benefiting from, or impacting the Stormwater Facilities WHEREAS, it is responsibility of the Owner to add Maintenance of Stormwater Facilities to common area maintenance (CAM) and appoint a qualified property management company or individual herein after referred to as "Agent" to oversee such Mai tenance. The Agent shall be the single point of contact between the City of Enci iitas and Owners or Developer; and WHEREAS, the Owner may act as the Agent so long as the total square footage of tha commercial facilities is less than twenty thousand square feet.; and WHEREAS, for the purpose of this agreement, Maintenance responsibilities men Toned on this agreement equally and collectively apply to Owner, tenants and the Agent; WHEREAS, it is requirement of development and or commercial use that this Agr ement 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 and tenants' 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). The Owner's ' requirements for providing Stormwater Facilities Maintenance as stated in this agreement shall mean Maintenance managed by the Agent, paid for by Owner, and performed by a qualified contractor, hired by the Agent on behalf of the Owner. 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 14 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 Stormwater Facilities shall be constructed by and have Maintenance performed by the Owner in accordance with the term and conditions of this agreement and the plans and specifications identified in approved Grading Plan Number 13761-G which is on file as a permanent public record in the City of Encinitas. 4. The cost and expense of the Maintenance of the Stormwater Facilities shall be paid by the Owner. The owner is responsible to include necessary provisions in the lease agreement with any present and future tenants that cover the costs of all Stormwater Facilities Maintenance. 5. In the event the Property is subdivided in 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. r 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. Under no circumstances shall any contract or agreement for service(s) to be provided as outlined in this agreement, and any additional Maintenance activities or services to be provided as outlined in subsequent attachments hereto, be terminated by the Owner, tenants, or Agent unless a replacement contract or agreement for the required Maintenance has already been executed. The Agent and the Owner shall be responsible for ensuring proper execution of the provisions of all contracts and/or agreements for the required Maintenance and for timely payments for said services. 8. Upon appointment of an Agent responsible for managing the maintenance of the stormwater facilities, the Developer must notify the City of the current contact information for the Owner and Agent within thirty (30) days. At a minimum, contact information for Owner and Agent shall include: organization name, mailing address, email address, phone number, contract person, contact person's phone number, and email address. The Agent must be established and the above information must be provided to the City prior to occupancy of the first unit. Any future changes in Owner or Agent contact information shall be provided to the City within thirty (30) days of the change being made. Contact information shall be provided in writing to the following address (or current City. of Encinitas, Civic Center address): City of Encinitas Stormwater Division 505 S Vulcan Ave Encinitas, CA 92024 9. Any liability of the Owner, tenants, or Agent for personal injury to any worker employed to provide Maintenance under this Agreement, or to third persons, as well as any liability 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, tenants, or Agent. 10. Owner and tenants shall jointly and severally defend, indemnify, and hold harmless 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 of 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. 11. 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. 12. The Owner and tenants shall provide access to the Stormwater Facilities within the Property to the 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. 13. 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. 14. In the event the Owner and tenants fail to preserve 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. 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 the 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 perform Maintenance of said Stormwater Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. 15, The terms of this Agreement may be amended in writing following the Owner request and upon written approval by the City Engineer. 16 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. O t2E a Z3 ?a i ° ce e , Vice President Date Sc ipps Health Si nature of OWNER must be notarized. Attach the appropriate acknowledgement. Cl Y OF ENCINITAS: 13 6 A s Cf�ristopher L. Magdosku Date City Engineer D velopment Services Department Cl y of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A r otary 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 t ) Cou..�,tr�y of Ortvr:JL a� �l� before me, � 4 511 I Date Here Insert Name and Title of the Officer pers nally appeared N me(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the�person whose namje is/a;e- sub cribed to the within instrument and acknowledged to me that fell execute td he same in is/ r authorized ca aci ices};-and that by his/ F3eir signature n the instrument the e�rson(e) or t e entity upon behalf of which the person(n)-acted, execut a instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. PATRICIA A.SULLIVAN WI NESS nd and official seal. Commission#2096443 Z .� Notary Public-California Z San Diego County Signa Mv e Comm.Expires Jan 10"2019 Signature of Notary Pub� Place Notary Seal Above OPTIONAL ough this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. De cription of Attached Document Titl or Type of Document: Document Date: Nu ber of Pages: Signer(s) Other Than Named Above: Ca acity(ies) Claimed by Signer(s) Sigel eras Name: Signer's Name: El Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ P rtner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ I dividual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑T stee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ ther: ❑ Other: Sig er Is Representing: Signer Is Representing: ©2 14 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 f ALL-PURPOSE ACKNOWLEDGMENT I A notary ublic or other officer completing this certificat verifies only the identity of the individual who sign d the document to which this certificate is attached, nd not the truthfulness, accuracy, or validity o that document. State of C lifornia County o 1D`fAp SS. On Z)D( 0 , before me, +nLIA 6 'S ✓ri o r) ,Notary Public, DATE 1 personall appeared Ckr IcSk p ker L � ,Xo Jc 7S ko who proved to me on the basis of s tisfactory evidence to be the person(s) whose name(s6re subscribed the within instrument and ackn dged to me thagsthe/they executed the sa is er/their authorized capacity(ies), and that by his/ r/their signature(s) on the instrument the per n(s), or the entity upon behalf of which the �4r�°►�� ANGELA A, SIMON person(s) acted, executed the instrument. Cow.#2182396 N R NOT M D eco C MUC-CALiFMA N SAN Yr Comm.Exp.MAR.2,2021 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. PLACE NOTARY SEAL INABOVE SPACE NOTARY'S SIGNATURE OPTIONAL INFORMATION The in rmation below is optional. However,it may prove valuable and could prevent fraudulent attachment of this rm to an unauthorized document. CAPA ITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ WMUAL ❑ C RPORATE OFFICER TITLE OR TYPE OF DOCUMENT ❑ P TNER(S) TITLE(S) ❑ A ORNEY-IN-FACT NUMBER OF PAGES ❑ G ARDIAN/CONSERVATOR ❑ S SCRIBING WITNESS ❑ DATE OF DOCUMENT O HER: OTHER S IG NE (PRINCIPAL)IS REPRESENTING: RIGHT s E OF ERSON(S)OR ENTITY(IES) THUMBPRINT NAM OF s SIGNER o a 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE EXHIBIT "A" Legal Description of Property (PER HICAGO TITLE INSURANCE COMPANY ORDER NO. 12205094-993-SD2 DATED MARCH 30,2016) THE AND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ENCINITAS,IN THE COUNTY OF S N DIEGO, STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: PARC L C: APN 258-241-32 AND 33 ALL THAT PORTION OF LOTS 1 2 AND 3 OF ENCINITAS HOSPITAL SUBDIVISION ACCORDING TO MAP THEREOF NO. 7709 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 20, 1973; PARCELS 1 AND 2 OF PARCEL MAP NO. 3787 FILED IN THE OFFICE OF THE COUNTY REC RDER OF SAN DIEGO COUNTY ON MAY 15, 1975;PARCELS 1,2 AND 3 OF PARCEL MAP NO. 12961 FILE I IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 21, 1983; PARCEL 1 OF PARCEL MAP NO.836 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 25, 1972; PORTIONS OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER,THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NOR HEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTH HALF OF THE SOUTHWEST QUA TER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, ALL IN SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ALL IN THE CITY OF ENCI 11ITAS,COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,MORE PARTICULARLY DESCRIBED AS FOL WS: BEG ING AT THE SOUTHEAST CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. 12961; THENCE ALO G THE SOUTHERLY LINE OF SAID PARCEL SOUTH 83 039'35"WEST 177.27 FEET;THENCE NORTH 89❑3 '23" WEST 208.19 FEET; THENCE SOUTH 01°02'43" WEST 50.00 FEET; THENCE NORTH 89°30'23" WES 622.27 FEET; THENCE NORTH 01°01'53" EAST 1329.18 FEET; THENCE NORTH 01°01'23" EAST 850.9 FEET;THENCE SOUTH 88 05618" EAST 25.00 FEET;THENCE NORTH 70°46'35" EAST 43.40 FEET; THE CE SOUTH 19 021'52" EAST 674.65 FEET; THENCE SOUTH 29°24'46" EAST 268.69 FEET; THENCE SOU H 29 024'46" EAST 332.13 FEET; THENCE SOUTH 27°30'28" EAST 600.26 FEET; THENCE SOUTH 13 030 36"EAST 451.36 FEET TO THE POINT OF BEGINNING. EXHIBIT "B" Description and Plat of Stormwater Facilities _ BMP 1-1 160-SF BMP 1-2 174-SF I BMP 1-3 ° 203-SF - o z N BMP 1-4 Im I 202-SF Imo° I BMP 1-5 m 200-SF BM 2-1 - \ BM 2-2 191-SF BMP 2-3 I — 1 E 5-SF BMP 2-4 \ BMP 4-1 1295-SF — 3,945-SF BMMP 2-5 184-SF I I ::::... .:::: :: I F s I I BM 3-1 1,100-SF AIN I I � N B -2 1,43T--8F 0 so' 100' BMP 5-15 -- 803-SF MELBA RD BIORLTRATION INFLOW ORIFICE MIN 6•(TYP) STAINLESS STEEL BOLT AREA PIPE DUL DIA. _ ORIFICE PLATE: MIN SQUARE a 1- THROUGH 1-5 4• d DIMENSIONS 1.0 FT GREATER GASKET 2-I THROUGH 2-5 4" d• GALVANIZED PLATHOT-DIP FT HOLES HAVE BEEN DRIL . ° PLATE 3-1 4• 1• LED /'- INFLOW PIPE STAINLESS NUT 4-1 4" 1?¢" 1 ORIFICE DIAMETER(DIA) ° SIZED PER TABLE HEREON. .4-2 4" 1K" 5-1 4" -" HOLE(TYP) IYQTE; 1. 0 IFICE PLATE k FLANGE CONNECTION TO CONCRETE SHALL BE FIRED WITH 30 DUROMETER NEOPRENE RING. 2. IN PERFORATED PIPES TO HAVE SINGLE CONNECTION TO CATCH BASIN AT ORIFICE PLATE. 4 OW CONTROL ORIFICE PLATE N.T.S. CATCH BASIN RIP ENERGY DISSIPATER %M;> w TOP OF GRATE yre 6• INUS ANGULAR ROCK ° >:��=:�':;• Y. CATCH BASIN ELEVATION PER PLAN - L'1�+is •X..' TOP OF GRATE SITE MODIFIED 4•CURB k ELEVATION PER PLAN RIP RAP ENERGY DISSIPATER RETAINING WALL GUTTER / 12•CURB LL MODIFIED 6'MINUS ANGULAR ROCK PER 13325-G CUTS 17 O.C. 0 4•CURB 7.0' (14 R AT 18.O.C.) &GUTTER ° SST FLASHING OVER MODIFIED 4•CURB k WATERPROOFING -• -- ------ GUTTER W/ 12•CURB CUTS o TERMINATION BAR _ - 17'O.C.WITH 12•KEY PER 13325-G (84 REBAR AT 18.O.C.) 12•KEY % I- �o I ROCK MULCH PER LANDSCAPE PLAN 2-3'MULCH = —�, 12•KEY ASPHALT �' ��/ I EN IN@2E0 SOIL I_. _ j -_ - 18•ENGINEERED SOIL IMPERMEABLE I PERMEABLE —III I MEMBRANE - -li✓T ,� - -_ MEMBRANE •d•-GRAVEL oar 'AMPERMEABLE. MEMBRANE Y/ HOKING STONE LAYER o..AC _ ';�3;,a•,•�••�.� `/ i�� j I J•CRUSHED ROCK J•CRUSHED ROCK. CHOKING STONE 4•PERFORATED PVC PIPE. 7' OUTLET PIPE OUTLET PIPE PER PLAN INGLE CONNEC110N TO PER PLAN FLOW CONTROL ORIFICE PLATE CATCH E kSIN AT ORIFICE PLATE. PER DETAL 7•HEREON. SHEET WATERPROOFING FLOW CONTROL 4•PERFORATED PVC PIPE. BIT 3000 BY GRACE ORIFICE PLATE PER SINGLE CONNECTION TO WITH DRAIN MAT DETAIL 7,HEREON. CATCH BASIN AT ORIFICE PLATE PER 13325-G 3 TMICAL SECTION OF BIOFILTRATION N.T.S. 2 1 VEGETATED SWALE SECTION N.T.S. CAST—IN—PLACE CONCRETE CATCH BASI 810-RETENTION LANDSCAPING DESIGN PER SDRSD D-29 WITH STEEL GRATE TOP OF GRATE AND PLANTING PER LANDSCAPE PLANS ELEVATION AS SHOWN ON PLAN CLEANOIR 10•WATER QUALITY VOLUME (PLACE ROME STONE RIP RAP AROUND PI )I I BOTTOM OF BASIN �I il( �I1I II ELEVATION AS 3;1 —FLOW 3•F EEBOARD IIIJI SHOWN ON PLAN TUV p�� II 1 6•-THICK PCC HEADWALL 3•PRE REATMENT MULCH IM ERIEABLE MEAIBRPN / IMPERMEABLE MEMBRANE 18• ENGINEERED SOIL 3"d•GRAVEL I CHOKING STONE JMIN - - LL - - - 12• 3•CRUSHED ROCK 4 4.0 PVC PERFORATED PIPE FLOW CONTROL OUTLET PIPE TO STORM DRAIN ORIFICE PLATE INVERT AND SIZE PER PLAN (PERFORATIONS DOWN). PER DETAIL 7,HEREON. SINGLE CONNECTION TO CATCH BASIN AT ORIFICE PLATE. - 1. BIOREIENRON ENGINEERED SOIL LAYER SHALL BE'SANDY LOAM"SOIL MIX WITH NO MORE THAN 5%CLAY CONTENT. THE MIX SHALL CONTAIN 50-60%SAND.20-30%COMPOST OR HARDWOOD MULCH,AND 20-30%TOPSOIL 1 10—FILTRATION SECTION N.T.S. EXHIBIT `C' Minimum Maintenance Requirements for Stormwater Facilities PR-1 Biofiltration with Partial Retention BMP MAINTENANCE FACT SHEET FOR STRUCTURAL BMP PR-1 BIOFILTRATION WITH PARTIAL RETENTION Biofilt ation with partial retention facilities are vegetated surface water systems that filter .water through veget tion 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 storag 2 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 Norm I Expected Maintenance Biofilt ation 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 an of the following scenarios are observed, the.>BMP is not performing as intended to protect downstream wate ways 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 Riofiltration 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 pecial Considerations. Biofilt ation with partial retention is a vegetated structural BMP. Vegetated structural BMPs that are constructed in the icinity of, or connected to, an existing jurisdictional water or wetland could inadvertently result in creation of ex anded waters or wetlands. As such, vegetated structural BMPs have the potential to come under the jurisdi tion of the United States Army Corps of Engineers,SDRWQCB, California Department of Fish and Wildlife,or the U ited States Fish and Wildlife Service. This could result in the need for specific resource agency permits and costly itigation to perform maintenance of the structural BMP.Along with proper placement of a structural BMP, routin 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 dept rom t e esign o om a eva ion o-the-crest afthu-outflow-structure-(c.g tifThe-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 o 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 i 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 Surface ponding longer than approximately 24 hours invasive vegetation, clearing underdrains, or inspection frequency to after every 0.1-inch or larger 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. http://www.mosguito.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.mosquito.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.sandiegocounty.gov/content/sdc/dpw/watersheds/susmp/lid.htmi San Diego County Copermittees.2016. Model BMP Design Manual,Appendix E, Fact Sheet PR-1. http://www.proiectcleanwater.org/index.php?option=com content&view=article&id=250&ltemid=220 PR-1 Page 5 of 11 January 12, 2017 PR-1 Riofiltration 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 El El NO If sediment,litter,or debris accumulation 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 went ere is 3 inches of accumulation—t is should a marked on the ou ow s ruc u e). PR-1 Page 7 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 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 ❑ El Other/Comments: ' ❑ 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 8 of 11 January 12, 2017 PR-1 Riofiltration 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 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 5 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 detrimental to vegetation health repairing/replacing clogged or compacted 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 insta a on t e un er rain, e i y n be cotttacted-tor detiermine-a3olution—A-differ-en*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