2018-390354 DOC# 2013-0390354
Sep 18, 2018 04:33 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN FEES: $1E07 00 COUNTY(SB Atkins: $0.00)
Recording Requested By: PAGES: 32
City Engineer
When Recorded Mail to:
City Clerk
City of Encinitas
1 505 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
A.P.N.: 254-054-531/ Grading Plan: 13793-G/I
Address: 1528 N. Coast Highway 101 Case No: 16-151 TMMOD/DR/CDP
THIS AGREEMENT is between the City of Encinitas, a municipal corporation,
hereinafter referred to as the "City", and Encinitas Properties; LLC, A California Limited
Liability Company, its heirs, successors, and assigns, collectively hereinafter referred to
as "Developer", 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. The term Maintenance is defined in Paragraph 1
below.
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
23.24 as well as the City of Encinitas Stormwater Manual; and
WHEREAS, the Stormwater Facilities described in Exhibit "B" benefit said
Property, the developer, and the future owners of the units created per Map Case No.
16-151 TMMOD/DR/CDP, their heirs, successors, and assigns, collectively hereinafter
referred to as "Owners"; and
WHEREAS, City requires that Developer establish a homeowners association in
conformance with the California Civil Code Sections 1350 .through 1376, hereinafter
referred to as "HOA", to be responsible for the Maintenance of Stormwater Facilities
into perpetuity; and
WHEREAS, it is the desire of the City, the responsibility of the Owners, HOA, and
Developer, herein after collectively referred to as "Parties", and to the benefit of the
Public 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 by the
Parties 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 responsibility of the Developer and HOA to manage and oversee
Maintenance of Stormwater Facilities and to assign a single point of contact between
the City of Encinitas and HOA or Developer; and
WHEREAS, Developer's responsibility of Maintenance of Stormwater Facilities will
be transferred to HOA after the sale of all lots/parcels, the completion of development,
and the approval of the City; and
WHEREAS, following Developer's completion of the development and acceptance
by the City, the Owners.are responsible to continuously have an HOA for purposes of
Maintenance of the Stormwater Facilities; and
WHEREAS, for the purpose of this agreement, Maintenance responsibilities
mentioned on this agreement equally and collectively apply to Owners and the HOA;
WHEREAS, it is requirement of development 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 Parties' 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.i.ii). The Parties' requirements
for providing Stormwater Facilities Maintenance as stated in this agreement shall
mean Maintenance managed and paid for by the Parties, and performed by a
qualified contractor hired by the Parties.
i) The Parties shall. inspect the Stormwater Facilities after all major storms. in
addition, the Parties shall inspect the Stormwater Facilities at the minimum
frequency specified in Exhibit"C", but not less than twice per year.
ii) The Parties shall provide upkeep and. repair.to keep the Stormwater Facilities
in good working order and shall repair all deficiencies identified in the Parties'
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 until such time as the
Facilities are repaired. 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 Parties.shall ensure
that the Stormwater Facilities are in proper working order for the rainy
season, which starts on October 1.
iii) The Parties 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 Parties 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 inequity.
3. The Stormwater Facilities shall be constructed by and have Maintenance
performed by the Parties in accordance with the term and conditions of this
agreement and the plans and specifications identified in approved Grading Plan
Number 13793-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 Parties. The Parties' share of Stormwater Facilities. Maintenance
costs is proportional to number of lots/parcels that Owners: and Developer own
as a fraction of the total number of lots/parcels in the Property using and
benefiting from the Stormwater Facilities but excluding common ownership
lots/parcels.
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 included in
the existing HOA and be liable under this Agreement and with the HOA 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. Developer, Owners, and HOA are collectively responsible to the City for
Maintenance of Stormwater Facilities so long as either Developer or Owners own
any lots/parcels. Developer remains responsible for Maintenance of Stormwater
Facilities until. such Facilities have been approved by the City, even if Developer
no longer owns any lots/parcels of the Property.
8. Upon establishment of an HOA and a management company to manage the
maintenance of the stormwater facilities, the Developer must notify the City of
the contact information for the HOA and management company within thirty(30)
days. At a minimum, contact information for HOA and management company
shall include: organization name, mailing address, email address,, phone
number, contract person, contact person's phone number, and email address.
The above information must .be provided to the City prior to occupancy of the
first unit (model home occupancy may be exempt from this requirement): If the
Developer is the acting HOA manager at the time of occupancy, the Developer's
current contact information_ shall be provided in lieu of the management
company information. Any future changes in HOA or management company
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):
r •
City of Encinitas
Stormwater Division
505 S Vulcan Ave
Encinitas, CA 92024
9. Any liability of the Parties for personal injury to any worker employed to provide
Maintenance under this Agreement, or to third persons, as well as any liability of
the Parties 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 Parties.
10. Parties 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 Parties agree 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 Parties 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 Parties hereby grant 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.
• T s
14. In the event the-Parties 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 Parties. 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 Parties 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 Parties
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.
OWNER:
Ro ameh, Manager Date
ZZ,
Signature of OWNER must be notarized. Attach the appropriate acknowledgement.
CITY OF ENCINITAS:
Christopher l_. Magdosku Date
City Engineer
Development Services Department
City of Encinitas
• t s
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 \ 1
County ofJ
On Cn T before me,
Date Her sert Name andTT itle of the Officer
personally appeared lo4
NameKof Signer($
who proved to me on the basis of satisfactory evidence to be the person(4whose name(4 is/aye subscribed
to the within instrument and acknowledged to me that he/�(eltV� executed the same in his/Vr/th)eir
authorized capacity(iTA and that by his/ /th&signature(sl on the instrument the personK, or the entity
upon behalf of which the personA acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
DAVIDRDDnIGUEZ paragraph is true and orrect.
Notary Public-California Z
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Commission;2185667 WIT IT and ffi
San Diego County cial seal.
My Comm.Expires Mar 2d,2021 -
Signature
Place Notary Seal and/or Stamp Above Signatur of Notary kubfic
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 of Conservator ❑ Trustee ❑ Guardian of Conservator
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
02017 National Notary Association
M1304-09 (09/17)
• T
ALL-PURPOSE ACKNOWLEDGMENT
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 J 1 ecl C) SS.
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On , before me, �-�� �� �I rl'1 o n , Notary Public,
DATE L�� Ipersonally appeared r 1 S6 ��e " L? ��(� ,who proved to me on the
basis of satisfactory evidence to be the person(s) whose namHi is re subscribed the within instrument
and ackn ged to me tha he he/they executed the
sa nhisjher/their n Zer/their authorize capacity(ies), and that
by signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
%ANGELA A. SEN I certify under PENALTY OF PERJURY under the
Comm.#2182396
MY NOTMY PUEUC.cWMW laws of the State of California that the foregoin y.ExD.�COUNTY 2 2021 paragraph is true and correct. foregoing
WITNESS my hand and official seal.
PLACENOTARY SEAL IN ABOVE SPACE NOTARI"S SIGNATURE
OPTIONAL INFORMATION
The information below is optional. However,it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUtVIENT
❑ INDIVIDUAL
F] CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
PARTNER(S) TITLE(S)
❑ ATTORINEY--IN-FACT NUMBER OF PAGES
GUARDIAN/CONSERVATOR
❑ SUBSCRIBING WITNESS
DATE OF DOCUMENT
OTHER:
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT
NA�IEOFPERSON(S)ORENTITY(IES) THUMBPRINT -
OF
SIGNER —
:\P:\Ol 2015 NOTARY BONDS,SL'PP LIES.-\ND POR%IS.\T IITTP.-.\\'\b'W'.%At.LEY-SIEIZRA.CO\,I ?QQ�-2017 VALLEY-SICRR IIVSUR:\NCE
EXHIBIT'A'
LEGAL DESCRIPTION OF REAL PROPERTY
Real property in the City of Encinitas, County of San Diego,State of California, described as
follows:
LOTS 1 AND 16 IN BLOCK 28 OF NORTH LEUCADIA, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO,STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO. 524, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY,APRIL 6, 1888.ALSO,ALL THAT PORTION OF
THE ALLEY IN SAID BLOCK 28 LYING ALONG SAID LOTS 1 AND 16 ALL TOGETHER WITH THAT
PORTION OF THE EASTERLY HALF OF FLORA AVENUE, LYING WESTERLY OF AND ADJOINING SAID
LOT 16,AND ALSO ALL THAT PORTION OF THE SOUTHERLY HALF OF MYRTLE STREET LYING
NORTHERLY OF AND ADJOINING SAID LOTS 1 AND 16,AND LYING NORTHERLY OF AND
ADJOINING SAID PORTION OF SAID FLORA AVENUE AND SAID ALLEY IN SAID BLOCK 28,SAID
PORTIONS OF SAID ALLEY. FLORA AVENUE AND MYRTLE STREET HAVING BEEN CLOSED TO
PUBLIC USE ON NOVEMBER 19, 1915, BY AN ORDER OF THE BOARD OF SUPERVISORS OF SAN
DIEGO COUNTY,A CERTIFIED COPY OF SAID ORDER HAVING BEEN RECORDED ON DECEMBER 26,
1916, IN BOOK 500, PAGE 343 OF DEEDS, RECORDS OF SAN DIEGO COUNTY.
EXCEPTING FROM SAID LOT 1 AND SOUTHERLY HALF OF MYRTLE STREET,THE NORTHEASTERLY
40 FEET THEREOF AS CONVEYED TO THE STATE OF CALIFORNIA FOR A RIGHT OF WAY FOR STATE
HIGHWAY BY DEED DATED MAY 13, 1933,AND RECORDED IN BOOK 224, PAGE 5 OF OFFICIAL
RECORDS OF THE COUNTY OF SAN DIEGO.
APN:254-054-53-00
STORM WATER MAINTENANCE AGREEMENT
EXHIBITS-l'
ONNO
EAICDNITAS PP49MTJES LLC
3848 FUMI AVENLF, SUITE F
SAN DIEGO CA 92103
(160) 809-2882
SITE ASS
1528 N. COAST HIGHWAY 101
ENCDNITAS CA 92a24 X EDGEUpT
APAt 254-1054-M � \
LEGAL DESMJPTION a
LOTS 1 6 16 DN BLOCK 28 OF NORTH LEUCADLA. S �-
DN THE CITY OF EACDNITAS COUNTY OF SAN T
DIEGO. STATE OF CALIFORNL4 AMMDDV TO MAP JAS
TFEFEOF N7. 524 FILED IN THE OFFICE OF THE z
COUNTY FE'COROM OF SAN DIEGO COUNTY,
APRIL 6. IBM.
VICINITY MAP
NOT TO SCALE
BU DDS
DOW SPOUT PL DOW SPOUT FpAD FASEaETVT
HALL 12xis'
OVEFFLON RM 6' OVQELON RISER
SST�� • MIN Bun.DDUS 09001T Ta BUNT
18• ETVGBEM 501 HALL
if SEE ADTE BELON 61
PLANTS (TYPJ
FF 565 I I g314'TE FF 565 d — 18-SS TEAp BELON
MADDNS/IMM BE OF V4" GRAVEL
ILL PER OTFEf1S — I I Of SEE NOTE 89M
RA
30 MIN. PETE. PVC I y PER ARCH
SUBDRAIN AT IE FER PLAN
BOTTOM 6F GTAVEL OVEFELAV GRAlAB TO 3• MIN. FEW.
SECTION
TAW FOR STORAGE PVC SUBORAlN AT
BOTTOM OFD
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BIORUEAMON DETAIL (BF-A) BIORUENVON DETAIL (BF-B)
NOT TO SCALE N7T TO SCALE
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CONTENT. THE MY SFMLL QaWADN 50-M SAAQ 20-30% COMPOST aR K4RWUD M UN AAD 20-30% Ti' WJL. FTTTEE OF STM
STUM FOOTS CR SDNbAR C&ECT& AAD ALSO FTEE aF Naxr 6 1EEDS.
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ABILITY OF TFE DETAIL
RE EFFECTIVE AFEA OF RE BASIN SMALL BE LEVEL AND SIMLL BE SLED BASED AN CALCILATIDU.
ALL BIOFETENTMV PLANTQIS TO BE DOORSSED AT LEAST 6' BELON ADJACENT FINISH SI0FACE
NOT TO BE hVOIFI D KITH A PEFMIT FWV TFE CITY OF S CINITAS.
STORM WATER MAINTENANCE AGREEMENT
N. COAST HM 101 EXHIBIT S-Z
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1 AREA NOT TO BE MODIFIED
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STORM WATER MAINTENANCE AGREEMENT
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EXHIBIT `C'
Minimum Maintenance Requirements
and Maintenance Procedure for Stormwater Facilities
• 1 ,
BF-1
Biofiltration
BMP MAINTENANCE FACT SHEET
FOR
STRUCTURAL BMP BF-1 BIOFILTRATION
Biofiltration facilities are vegetated surface water systems that filter water through vegetation, and soil or
engineered media prior to discharge via underdrain or overflow to the downstream conveyance system.
Biofiltration facilities have limited or no infiltration.They are typically designed to provide enough hydraulic head
to move flows through the underdrain connection to the storm.drain system. Typical biofiltration 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)
• Impermeable liner or uncompacted native soils at the bottom of the facility
• Overflow structure
Normal Expected Maintenance
Biofiltration 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.
• 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.
BF-1 Page 1 of 11
January 12,2017
BF-1
Biofiltration
Other Special Considerations
Biofiltration 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.
BF-1 Page 2 of 11
January 12,2017
BF-1
Biofiltration
SUMMARY OF STANDARD INSPECTION AND MAINTENANCE FOR BF-1 BIOFILTRATION
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, e 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
I 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).
BF-1 Page 3 of 11
January 12, 2017
BF-1
Biofiltration
SUMMARY OF STANDARD INSPECTION AND MAINTENANCE FOR BF-1 BIOFILTRATION(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 a 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 ondin longer than a invasive vegetation, clearing underdrains, or inspection frequency to after every 0.1-inch or larger
p' g g 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.
http://www.mosquito.orp/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.
BF-1 Page 4 of 11
January 12, 2017
BF-1
Biofiftration
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-hand books/munici pal-bmp-handbook
County of San Diego.2014.Low Impact Development Handbook.
http://www.sandiegocounty.gov/content/sdc/dpw/watersheds/susmp/I id.html
San Diego County Copermittees.2016. Model BMP Design Manual,Appendix E,Fact Sheet BF-1.
http://www.prolectcleanwater.ore/index.php?option=com content&view=article&id=250<emid=220
BF-1 Page 5 of 11
• January 12,2017
BF-1
Biofiltration
Page Intentionally Blank for Double-Sided Printing
BF-1 Page 6 of 11
January 12, 2017
BF-1
Bidiltration
Date: Inspector: BMP ID No.:
Permit No.: APN(s):
Property J Development Name: Responsible Party Name and Phone Number:
Property Address of BMP: Responsible Party Address:
INSPECTION AND MAINTENANCE CHECKLIST FOR BF-1 BIOFILTRATION PAGE 1 of 5
Threshold/Indicator Maintenance Recommendation Date Description of Maintenance Conducted
Accumulation of sediment,litter,or debris O Remove and properly dispose of
Maintenance Needed? accumulated materials,without damage
to the vegetation .
❑YES
•NO ❑If sediment,litter,or debris accumulation
•N/A 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 Y 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).
BF-1 Page 7 of 11
January 12,2017
BF-1
Biofiltration
Date: Inspector: BMP ID No.:
Permit No.. APN(s):
INSPECTION AND MAINTENANCE CHECKLIST FOR BF-1 BIOFILTRATION 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
BF-1 Page 8 of 11
January 12,2017
BF-1
Bidiltration
Date: Inspector: BMP ID No.:
Permit No.: APN(s):
INSPECTION AND MAINTENANCE CHECKLIST FOR BF-1 BIOFILTRATION PAGE 3 of S
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 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:
BF-1 Page 9 of 11
January 12,2017
BF-1
Biofiltration
Date: Inspector: BMP ID No.:
Permit No.: APN(s):
INSPECTION AND MAINTENANCE CHECKLIST FOR BF-1 BIOFILTRATION 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 weirs, ❑ Repair or replace as applicable
inlet or outlet structures
❑Other/Comments:
Maintenance Needed?
❑YES
❑ NO
❑ N/A
BF-1 Page 10 of 11
January 12, 2017
BF-1
Biofiltration
Date: Inspector: BMP ID No.:
Permit No.: APN(s):
INSPECTION AND MAINTENANCE CHECKLIST FOR BF-1 BIOFILTRATION PAGE 5 of 5
Threshold/Indicator Maintenance Recommendation Date bescription of Maintenance Conducted
Standing water in BMP for longer than 24-96 ❑ Make appropriate corrective measures
hours following a storm event* such as adjusting irrigation system,
Surface ponding longer than approximately 24 removing obstructions of debris or
hours following a storm event may be invasive vegetation,clearing
detrimental to vegetation health underdrains,or 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.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.
-BF-1 Page 11 of 11
January 12, 2017
HU-1
Cistern
BMP MAINTENANCE FACT SHEET
FOR
STRUCTURAL BMP HU-1 CISTERN
Cisterns are containers that capture runoff(typically rooftop runoff)and store it for future use such as irrigation or
alternative grey water between storm events. Cisterns can be aboveground or below ground systems. Typical
cistern components include:
• Storage container,barrel or tank for holding captured flows
• Inlet and associated valves and piping
• Outlet and associated valves and piping
• Overflow outlet
• Access riser or tank serviceway(i.e.,access for underground and above-ground cisterns)
• Optional pump
• Optional first flush diverters
• Optional debris screen or pretreatment BMP(e.g.,roof drain filter,drainage inlet insert)
• Optional roof,supports,foundation,level indicator,and other accessories
Normal Expected Maintenance
Cisterns can be'expected to accumulate sediment and debris that is small enough to pass through the inlet into.the
storage container. Larger debris such as leaves or trash may accumulate at the inlet.While the storage container is
generally a permanent structure, ancillary parts. including valves, piping, screens, level indicators, and other
accessories will wear and require occasional replacement. Maintenance of a cistern generally involves: removing
accumulated sediment and debris from the inlet and storage container on a routine basis; and replacement of
ancillary parts on an as-needed basis. A summary table of standard inspection and maintenance indicators is
provided within this Fact Sheet. If the system as'a whole includes a pump or other electrical equipment,
maintenance of the equipment shall be based on the manufacturer's recommended maintenance plan.
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 inlet is found to be obstructed at every inspection such that storm water bypasses the cistern.The
cistern is not functioning properly if it is not capturing storm.water.. This would require addition of
ancillary features to protect the inlet, or pretreatment measures within the watershed draining to the
cistern to intercept larger debris,such as screens on roof gutters,or drainage inserts within catch basins.
Increase the frequency of inspection until the issue is resolved.
• Accumulation of sediment within one year is greater than 25%of the volume of the cistern.This means
the sediment load from the tributary drainage area has diminished the storage volume of the cistern and
the cistern will not capture the required volume of storm water. This would require pretreatment
measures within the tributary area draining to the cistern to intercept sediment.
• The cistern is not drained between storm events: If the cistern is not drained between storm events, the
storage volume will be diminished and the cistern will not capture the required volume of storm water
from subsequent storms. This would require implementation of practices onsite to drain and use the
stored water,or a different BMP if onsite use cannot be reliably sustained.
HU-1 Page 1 of 8
January 12,2017
H U-1
Cistern
SUMMARY OF STANDARD INSPECTION AND MAINTENANCE FOR HU-1 CISTERN
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,propertyowners 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 Inspection and Maintenance Frequency
Accumulation of sediment,litter,or debris at the inlet Remove and properly dispose of accumulated materials. e Inspect monthly and after every 0.5-inch or larger
storm event.
• Remove any accumulated materials found at each
inspection.
Outlet blocked Clear blockage. . Inspect monthly and after every 0.5-inch or larger
storm event.
• Remove any accumulated materials found at each
inspection.
Accumulation of sediment, litter, or debris in the Remove and properly dispose of accumulated materials, • Inspect monthly.,If the BMP is 25% full* or more in
storage container one.month, increase inspection frequency to monthly
plus after every 0.1-inch or larger storm event.
• Remove materials annually (minimum), or more,
frequently when BMP is 25%full*(or at manufacturer
threshold if manufacturer threshold is less than 25%
full*) in less than one year, or if accumulation blocks
outlet
Standing water in storage container between storm Use the water as intended,or disperse to landscaping. • Inspect monthly and after every 0.5-inch or larger
events outside of normal use timeframe for the stored storm event. If standing water is observed, increase
water.Normal use timeframe is 36 to'96 hours following Implement practices onsite to drain and use the stored inspection frequency to after every 0.1-Inch or larger
a storm event depending on the purpose and design of water.
P g P P g storm event.
the cistern. Contact the [City Engineer] to determine a solution if • Maintenance when needed.
onsite use cannot be reliably sustained.
*"25%full"is defined as A 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)
HU-1 Page 2 of 8
January 12, 2017
H U-1
Cistern
SUMMARY OF STANDARD INSPECTION AND MAINTENANCE FOR HU-1 CISTERN(Continued from previous page)
Threshold/Indicator Maintenance Action Typical Inspection and Maintenance Frequency
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 using the water as storm event. If mosquitos are observed, increase
For images of egg- rafts, larva, pupa, and adult intended for irrigation or.alternative grey water, or by inspection frequency to after every 0.1-inch or larger
mosquitos,see dispersing to landscaping; second, check cistern outlet storm event.
http://www.mosguit6.org/biology for blockage and clear blockage if applicable to restore • Maintenance when needed.
drainage; third, install barriers such as screens that
prevent mosquito access to the storage container.
Leaks or other damage to ancillary parts including Repair or replace as applicable. • Inspect twice per year.
valves, piping, screens, level indicators, and other • Maintenance.when needed.
accessories
Leaks or other damage to storage container Repair or replace as applicable. • Inspect twice per year.
• Maintenance when needed.
Cistern leaning or unstable, damage to roof, supports, Make repairs as appropriate to correct the problem and • Inspect twice per year.
anchors,or foundation stabilize the system. • Maintenance when needed.
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/munici pal-bmp-handbook
County of San Diego.2014.Low Impact Development Handbook.
http://www.sandiegocounty.gov/content/sdc/dpw/watersheds/susmp/lid.html
San Diego County Copermittees.2016.Model BMP Design Manual,Appendix E,Fact Sheet HU4.
http://www.proiectcleanwater.org,/index.php?option=com content&view=article&id=250<emid=220
HU-1 Page 3 of 8
January 12, 2017
HU-1
Cistern
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HU-1 Page 4 of 8
January 12,2017
HU-1
Cistern
Date: Tinspector. BMP ID No.:
Permit No.: APN(s):
Property/Development Name: Responsible Party Name and Phone Number:
Property Address of BM P: Responsible Party Address:
INSPECTION AND MAINTENANCE CHECKLIST FOR HU-1 CISTERN PAGE 1 of 4
Threshold/indicator Maintenance Recommendation Date Description of Maintenance Conducted
Accumulation of sediment,litter,or debris at the ❑ Remove and properly dispose of
inlet accumulated materials
Maintenance Needed? ❑ If the Inlet is found to be obstructed at
❑YES every inspection,add features to
❑ NO protect the inlet,or pretreatment
❑ N/A measures within the watershed
❑Other/Comments:
Outlet blocked ❑Clear blockage
Maintenance Needed? ❑Other/Comments:
❑YES
❑NO
❑ N/A
HU-1 Page 5 of 8
January 12, 2017
H U-1
Cistern
Date: Inspector: . BMP ID No.:
Permit No.: APN(s):
INSPECTION AND MAINTENANCE CHECKLIST FOR HU-1 CISTERN PAGE 2 of 4
Threshold/Indicator Maintenance Recommendation Date Description of Maintenance Conducted
Standing water in storage container between ❑Use the water as intended,or disperse
storm events outside of normal use timeframe to landscaping
for the stored water. Normal use timeframe is
36 to 96 hours following a storm event ❑ Implement practices onsite to drain and
depending on the purpose and design of the use the stored water
cistern. ❑Contact the[City Engineer]to determine
Maintenance Needed? a solution if onsite use cannot be.
reliably sustained
❑YES
❑ NO ❑other/Comments:
❑N/A
Presence of mosquitos/larvae ❑ Use the water as intended,or disperse
to landscaping
For images of egg rafts, larva, pupa, and adult
mosquitos,see ❑Install barriers such as screens that
http://www.mosguito.org/biology prevent mosquito access to the
storage container
Maintenance Needed? ❑Other/Comments:
❑YES
❑ NO
❑ N/A
HU-1 Page 6 of 8
January 12,2017
H U-.1
Cistern
Date: Inspector: BMP ID No.:
Permit No.: APN(s):
INSPECTION AND MAINTENANCE CHECKLIST FOR HU-1 CISTERN PAGE 3 of 4
Threshold/Indicator Maintenance Recommendation Date Description of Maintenance Conducted
Accumulation of sediment,litter,or debris in the ❑ Remove and properly dispose of
storage container—to be cleared once per year accumulated materials
orwhen debris accumulation is 25%of the total
container volume, or accumulation blocks ❑ If accumulation of sediment within one
outlet,whichever is more frequent year is>25%of the volume of the
cistern,add pretreatment measures
Maintenance Needed? within the watershed
O YES ❑other/Comments:
❑ NO
❑N/A
Leaks or other damage to storage container ❑ Repair or replace as applicable
Maintenance Needed? ❑Other/Comments:
❑YES
❑NO
❑N/A
HU-1 Page 7 of 8
January 12, 2017
HU-1
Cistern
Date: Inspector: BMP ID No.:
Permit No.: APN(s):
INSPECTION AND MAINTENANCE CHECKLIST FOR HU-1 CISTERN PAGE 4 of 4
Threshold/Indicator Maintenance Recommendation Date Description of Maintenance Conducted
Leaks or other damage to ancillary parts ❑Repair or replace as applicable
including valves,piping,screens,level indicators,
and other accessories ❑Other/Comments:.
Maintenance Needed?
❑'YES
❑ NO
❑ N/A
Cistern leaning or unstable, damage to roof, ❑ Make repairs as appropriate to correct
supports,anchors,or foundation the problem and stabilize the system
Maintenance Needed? ❑Other/Comments:
❑YES
❑ NO
❑ N/A
HU4 Page 8 of 8
January 12, 2017