2018-343963 DOC# 2018-0343963
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RECORDING REQUESTED BY AND, Aug 21, 2018 RECORDS PM
) OFFICIAL RECORDS
WHEN RECORDED MAIL TO: ) Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
jFEES: $89.00 (SB2 Atkins: $0.00)
CIT CLERK ) PACES: zs
CITY OF ENCINITAS )
505 OUTH VULCAN AVENUE )
ENC NITAS, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
AG ,EEMENT FOR MAINTENANCE OF PRIVATE STORMWATER TREATMENT AND
STORMWATER POLLUTION CONTROL FACILITIES BY AGENT OF COMMERCIAL
X� FACILITY
C) APN 258-111-41✓ Permit No.: 13672-G
Site ddress: 310 Encinitas Blvd. Case No.: 15-235 DR/CDP
THIS AGREEMENT is between the City of Encinitas, a municipal corporation,
here nafter referred to as the "City", and BARRY W. O'Brien, INC., a California
cornbration, its heirs, successors, and assigns, collectively hereinafter referred to as
"Ow er", owner(s) of that certain real property hereinafter referred to as "Property" that
is d scribed in Exhibit "A", which is attached hereto and made a part hereof. This
Agr ement is for the periodic Maintenance of certain private stormwater treatment and
poll tion control facilities, hereinafter referred to collectively as "Stormwater Facilities".
Stormwater Facilities include but are not limited to Best Management Practices (BMPs),
Inte6rated Management Practices (IMPs), Low Impact Development (LID) features,
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 condition of approval of a
Cityl 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
Ow er 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
with the City of Encinitas Municipal Code, the Encinitas Stormwater Manual, and other
rela ed City policies and requirements; and
WHEREAS, it is responsibility of the Owner to assure his/her tenants will comply
with nd enforce the terms and conditions of this agreement;
WHEREAS, it is responsibility of the Owner to disclose this agreement to all the
futur tenants using, benefiting from, or impacting the Stormwater Facilities
WHEREAS, it is responsibility,of the Owner to add Maintenance of Stormwater
Facil ties to common area maintenance (CAM) and appoint a qualified property
man gement company or individual herein after referred to as "Agent" to oversee such
Main enance. The Agent shall be the single point of contact between the City of
Enci itas and Owners or Developer; and
WHEREAS, the Owner may act as the Agent so long as the total square footage
of th commercial facilities is less than twenty thousand square feet.; and
WHEREAS, for the purpose of this agreement, Maintenance responsibilities
mentioned on this agreement equally and collectively apply to Owner, tenants and the
Age t;
WHEREAS, it is requirement of development and or commercial use that this
Agreement constitute a covenant running with the land, binding upon each successive
own r 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 Development Services Department. 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 13672-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.
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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
1,
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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.
OW ER:
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Lind O'Brien Date
Signature of OWNER must be notarized. Attach the appropriate acknowledgement.
CITY OF ENCINITAS:
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Fs-Js�v18'
Chri toph L. l0iagdosku V Date
City Engineer
Dev lopment Services Department
City of Encinitas
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A
Wary public or other officer completing this certificate verifies only the identity of the individual who signed the
do ument to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
Cour ty of San D t
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On — I 1K before me, Si n k o ,1 C
Date Here Insert Name and Thle of the Off der
Jpersonally appeared t r1 01 Brl e_0
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the pe n(s) whose name(s) is/ re
sub ed to the within instrument and acknowle nherZ o me that he he/ ey executed the same In
his h r heir authorized capacity(ies),and that by hi eir sign atures) the instrument the person(s),
or t entity upon behalf of which the person(s) ac cuted the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
.*u°• ANGELA A. SIMON
Comm.#2182398 ►n WITNESS my hand and official seal.
(� $ NOTARY PIBUC•CALIFORNIA N `
SAN DIEGO COUNTY
tea°` Nr Comm.UP.MAR.2,2021
Signature
Si nature of Notary Public
Place Notary Seal Above
OPTIONAL
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Title or Type of Document:
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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
❑ her: ❑ Other:
Sigrier Is Representing: Signer Is Representing:
@2016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
• ALL-PU OSE ACKNOWLEDGMENT
A notary ublic 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 o that document.
State of California
�cx �eQ
County o p SS.
On — —7-01 , before me, f+nC,.(? 0,- A S)ti'YI.O n ,Notary Public,
DATE ``
personally appeared C16r�510��e �,. �G GOSkU ,who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s is re subscribed he within instrument
and ackn edged to me that he/ e/they executed the
sa is er/their authorize capacity(ies), and that
by his er/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
a ANGELA A. SIMON
Comm CAUFO N
M.B 2 I certify under PENALTY OF PERJURY under the
= 8 NOils DIEGO COUXV
Mr Comm.Exp.MAR.2,2021 laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATURE
I OPTIONAL INFORMATION
The infdrmation below is optional. However,it may prove valuable and could prevent fraudulent attachment
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IN IVIDUAL
C RPORATE OFFICER TITLE OR TYPE OF DOCUMENT
P TNER(S) TITLE(S)
A ORNEY-IN-FACT NUMBER OF PAGES
❑ G ARDIAN/CONSERVATOR
Slu BSCRIBING WITNESS DATE OF DOCUMENT
OTHER:
OTHER
SIGNE (PRINCIPAL)IS REPRESENTING: RIGHT s
NAME OF�ERSON(S)OR ENTITY(IES) THUMOBF PR
SIGNER o
a
a
APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM C 2005-2017 VALLEY-SIERRA INSURANCE
EXHIBIT"A"
LEGAL DESCRIPTION OF PROPERTY
PARCEL 1 OF PARCEL MAP NO. 3037, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SA DIEGO COUNTY, SEPTEMBER 12, 1974, EXCEPTING THEREFROM THAT
PORTI N OF SAID PARCEL 1 CONVEYED TO THE CITY OF ENCINITAS BY DEED
RECO DED DECEMBER 9, 1997 AS FILE No. 1997-0622197, OFICIAL RECORDS.
o K&S NGINEERING, INC. O'BREIN STATION/MOBIL EXHIBIT"A"
Planning . Engineering . Surveying CAR WASH ADDITION JOB.NO. 16-021
� 310 ENCINITAS BLVD ENCINITAS, CA 92024
18D1�i�ian Center Coud,Sude 1D0 San Di o,CA 9P1D8 619 296-5565 SHEET: 1 OF 1
EXHIBIT"B"
DESCRIPTION AND PLAT OF STORM WATER FACILITIES
DESCk, IPTION
BIORE ENTION AND MODULAR SYSTEM FOR CONTROL, CAPTURE AND TREATMENT
OF STORM WATER GENERATED FROM THE SITE
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Planning . Engineering . Surveying CAR WASH ADDITION
— JOB.N0. 16-021
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310 ENCINITAS BLVD ENCINITAS, CA 92024
7801�i�ioa Cerdw Caul,SuBe W San Di o,CA 92108 619 296—SS6S SHEET: 2 OF 5
STORWATER FACILITY
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PROP 6" CURB — — — REMOVE EX CURB
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PROP FIPRAP 0.3 114.00FG
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ENGINEERED SOIL MIX (18" DEEP)
5"/HOUR MIN. PERCOLATION RATE N
*MIX SOIL CONSISTS OF:
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12% FINES (STILT & CLAY) (ASTMV57) � r �r�� Z�j � 112.00BOT
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3-5% ORGANIC MATTER
- PROP TRIAXIAL GEOGRID TENSAR
CD TX130 OR EQ
SECTION A
NOT TO SCALE
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Planning . Engineering . Surveying CAR WASH ADDITION
,�i= JOB.N0. 16-021
18D1 vuion Celer Court,Sub IN Soo Die o,CA 9219 619 296-5565 1 310 ENCINITAS BLVD ENCINITAS, CA 92024 SHEET: 3 OF 5
VEGETATION
WETLANDMEDIA
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ESTABLISHMENT �,
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Pothole for 12" discharge pipe
highly recommended.
MWS-L-4-8-C
O D U L A R STORM WATER BIOFIL TRA TION SYSTEM
ImW ETLANDS STANDARD DETAIL
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k1K�S NG INEERING, INC. O'BREIN STATION/MOBIL EXHIBIT"B-4"
Planning . Engineering . Surveying CAR WASH ADDITION JOB.N0. 16-021
1801 Vssian Censer Coud,SuBe 100 San Diego,CA 92108 619 296-5565 310 ENCINITAS BLVD ENCINITAS, CA 92024 SHEET: 4 OF 5
SITE SPECIFIC
PROJECT NUMBER DATA 3708
PROJECT NAME ENCINITAS MOBIL
PROJECT LOCATION ENCINITAS, CA
STRUCTURE ID
TREATMENT REQUIRED
VOLUME BASED (CF) FLOW BASED (CFS)
0.12
TREATMENT HGL AVAILABLE (FT)
PEAK BYPASS REQUIRED (CFS) — IF APPLICABLE 3.52
PIPE DATA I.E. MATERIAL DIAMETER
INLET PIPE 1
INLET PIPE 2
OUTLET PIPE 107.08 RCP 12"
PRETREATMENT BIOFILTRATION DISCHARGE
RIM ELEVATION 111.88 111.88 111.88
SURFACE LOAD PARKWAY OPEN PLANTER PARKWAY
FRAME & COVER 36" x 36" N/A N/A
WETLANDMEDIA VOLUME (CY) 2.79
WETLANDMEDIA DELIVERY METHOD TBD
ORIFICE SIZE (DIA. INCHES) TBD
MAXIMUM PICK WEIGHT (LBS) TBD
NOTES: PRELIMINARY, NOT FOR CONSTRUCTION. OUTLET PIPE
ELEVATION 107.75 IS NOT DEEP ENOUGH TO ACCOMMODATE PEAK
FLOW BYPASS. UNIT DESIGNED AT NEWER DEPTH, PLEASE VERIFY.
TREATMENT FLOW (CFS) 0.120
OPERATING HEAD (FT) 3.5
PRETREATMENT LOADING RATE (GPM/SF) 2.1
WETLAND .MEDIA LOADING RATE (GPM/SF) 1.0
M WS—L-4-8—C
D U L A R STORM WATER BIOFIL TRA TION SYSTEM
ImATLANDS STANDARD DETAIL
www,MOtlularWetlantls.com 1 (855)5MOD-WET
IK&S ENGINEERING, INC. O'BREIN STATION/MOBIL EXHIBIT"B-5"
Planning . Engineering . Surveying CAR WASH ADDITION
JOB.N0. 16-021
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INF-2
Bioretention
BMP MAINTENANCE FACT SHEET
FOR
STRUCTURAL BMP INF-2 BIORETENTION
Bioret ntion (bioretention without underdrain) facilities are vegetated surface water systems that filter water
throug vegetation and soil, or engineered media prior to infiltrating into native soils. Bioretention facilities are
design d to infiltrate the full design capture volume (DCV) into native soils. They have no underdrain, and no
imper eable liner.Typical bioretention 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 optional aggregate storage layer
• Optional aggregate storage layer for additional infiltration storage
• Uncompacted native soils at the bottom of the facility
• Overflow structure
Norm I Expected Maintenance
Biore ention requires routine maintenance to: remove accumulated materials such as sediment, trash or debris;
maint in vegetation health; maintain infiltration capacity of the media layer; replenish mulch; and maintain
integ ity of side slopes, inlets, energy dissipators, and outlets. A summary table of standard inspection and
maint nance indicators is provided within this Fact Sheet.
Non- tandard 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
repla ement,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, underlying native soils,
or outlet structure. The specific cause of the drainage issue must be determined and corrected. If it is
determined that the underlying native soils have been compacted or do not have the infiltration capacity
expected,the [City Engineer]shall be contacted prior to any additional repairs or reconstruction.
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.
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• 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
Bioret ntion is a vegetated structural BMP. Vegetated structural BMPs that are constructed in the vicinity of, or
conne ted to, an existing jurisdictional water or wetland could inadvertently result in creation of expanded waters
or we lands. 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 ildlife Service. This could result in the need for specific resource agency permits and costly mitigation to
perfo m maintenance of the structural BMP. Along with proper placement of a structural BMP, routine
maint nance is key to preventing this scenario.
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SUMMARY OF STANDARD INSPECTION AND MAINTENANCE FOR INF-2 BIORETENTION
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 t ere is inc e h-isshuuW-be-marked-on-t-he-outflow-structure)
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SUMMARY OF STANDARD INSPECTION AND MAINTENANCE FOR INF-2 BIORETENTION(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 due to storm water flow has been observed,
erosion control blankets, adding stone at flow entry increase inspection frequency to after every 0.1-inch
points, or minor re-grading to restore proper drainage or larger storm event.
according to the original plan. If the issue is not . Maintenance when needed. If the issue is not
corrected by restoring the BMP to the original plan and corrected by restoring the BMP to the original plan and
grade, the [City Engineer] shall be contacted prior to grade, the [City Engineer] shall be contacted prior to
any additional repairs or reconstruction. any additional repairs or reconstruction.
Standing water in BMP for longer than 24 hours Make appropriate corrective measures such as • Inspect monthly and after every 0.5-inch or larger
following a storm event adjusting irrigation system, removing obstructions of storm event. If standing water is observed, increase
a
debris or invasive vegetation, or repairing/replacing inspection frequency to after every 0.1-inch or larger
Surface po storm longer than approximately 24 hours clogged or compacted soils. If it is determined that the storm event.
following a storm event may be detrimental to underlying native soils have been compacted or do not • Maintenance when needed.
vegetation health have the infiltration capacity expected, the [City
Engineer] shall be contacted prior to any additional
repairs or reconstruction.
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.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 because the
underlying native soils have been compacted or do not
have the infiltration capacity expected, 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.
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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.sandiegocountV.goy/content/sdc/d pw/watersheds/susmp/lid.html
San Diego County Copermittees.2016.Model BMP Design Manual,Appendix E,Fact Sheet INF-2.
http://www.proiectcleanwater.org/index.php?option=com content&view=article&id=250&Item id=220
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Page Intentionally Blank for Double-Sided Printing
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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 INF-2 BIORETENTION 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
❑ NO
El N/A accumulation exceeds 25%of the
surface ponding 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
ottom-elevation;-thenAbe-materi umulation—this should be marked on the outflow structure).
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Date: Inspector: BMP ID No.:
Permit No.: APN(s):
INSPECTION AND MAINTENANCE CHECKLIST FOR INF-2 BIORETENTION PAGE 2 of 5
Threshold/Indicator Maintenance Recommendation Date Description of Maintenance Conducted
Dead or diseased vegetation ❑ Remove dead or diseased vegetation,
Maintenance Needed? re-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
been removed off with fresh mulch to a total depth of
Maintenance Needed? 3 inches
❑YES ❑ Other/Comments:
❑ NO
❑ N/A
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Date: Inspector: BMP ID No.:
Permit No.: APN(s):
INSPECTION AND MAINTENANCE CHECKLIST FOR INF-2 BIORETENTION 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
Maintenance Needed? and adjust the irrigation system
❑YES ❑ Other/Comments:
❑ NO
❑ N/A
Erosion due to concentrated storm water runoff ❑ Repair/re-seed/re-plant eroded areas,
flow and make appropriate corrective
Maintenance Needed? measures such as adding erosion
control blankets,adding stone at flow
•YES entry points,or minor re-grading to
• NO restore proper drainage according to
❑ N/A 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/Comments:
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Date: Inspector: BMP ID No.:
Permit No.: APN(s):
INSPECTION AND MAINTENANCE CHECKLIST FOR INF-2 BIORETENTION 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
Damage to structural components such as weirs, ❑ Repair or replace as applicable
inlet or outlet structures
❑ other/Comments:
Maintenance Needed?
❑YES
❑ NO
❑ N/A
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Date: Inspector: BMP ID No.:
Permit No.: APN(s):
INSPECTION AND MAINTENANCE CHECKLIST FOR INF-2 BIORETENTION 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
following a storm event* such as adjusting irrigation system,
removing obstructions of debris or
Surface ponding longer than approximately 24
hours following a storm event may be invasive vegetation,
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
mosquitos,see hours following a storm event.**
http://www.mosguito.org/bioloay
❑ 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 it is determined that the underlying native soils have been compacted or do
not have the infiltration capacity expected,the[City Engineer]shall be contacted prior to any additional repairs or reconstruction.
**If mosquitos persist following corrective measures to remove standing water, or if the BMP design does not meet the 96-hour drawdown criteria because the underlying
native soils have been compacted or do not have the infiltration capacity expected,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.
" INF-2 Page 11 of 11
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