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2019-9124 DOC# 2019-0009124 IIII IIIII IIIIIIII IIIIIIIIII II II IIIII IIIIIIIIIII II Jan 09, 2019 04:13 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., Recording Requested By: SAN DIEGO COUNTY RECORDER FEES: $89.00 (SB2 Atkins: $0.00) City Engineer PAGES: 26 When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE MAINTENANCE AGREEMENT FOR PRIVATE STORMWATER TREATMENT AND STORMWATER POLLUTION CONTROL AND HYDROMODIFICATION MANAGEMENT FACILITIES BY HOMEOWNER'S ASSOCIATION lr ✓ ✓ APNs: 254-362-13, -1 4/, -45 Plan: 13866-G/I Address: 782 Leucadia Blvd. Case No: 14-069 TMDB/DR/CDP THIS AGREEMENT is between the City of Encinitas, a municipal corporation, hereinafter referred to as the "City", and Shea Homes Limited Partnership, a California Limited Partnership, 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 lots/parcels created per Map Case No. 14-069 TMDB/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 Section 4000, et seq., hereinafter referred to 4848-1619-7755,v.7 4. as "HOX, 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.iii). 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. 4848-1619-7755,v.7 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 in equity. 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 13886-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 4848-1619-7755,v.7 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): 4848-1619-7755,v.7 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 forty-eight (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 forty-eight (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 Parties fail to preserve the Stormwater Facilities in good working condition as determined by the City Engineer, the City, its agents, employees, or 4848-1619-7755,v.7 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: SHEA HOMES LIMITED PARTNERSHIP, a California limited partn rship By: 7 Name: J hn B. Vance Title: Assistant Secretary Date: January 3, 2019 By: �- Name: Dennis Schroeder Title: Authorized Agent Date: January 3, 2019 Signature of OWNER must be notarized. Attach the appropriate acknowledgement. 4848-1619-7755,v.7 j CITY OF ENCINITAS: /-7 Edward J. %f*er Date ig City Engin Development Services Department City of Encinitas 4848-1619-7755,v.7 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 San Diego ) On January 3, 2019 before me, Patty Rivas a Notary Public, personally appeared John B. Vance and Dennis Schroeder , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he>' /they executed the same in f /their authorized capacity(ies), and that by r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. PATTY RNAS Commission No.2130542 i NOTARY PUBLIC-CALIFORNIAT SAN DIEGO COUNTY Signature Commission Expires November 13,2019 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 ) On before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 4848-1619-7755,v.7 '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 Californnicia,, County of Sty) b l SS. On I--_► - 26 (-I , before me, �3 f M 0 k-) ,Notary Public, DATE personally appeared to0-r'A nn ryA.0 �' ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is re subscribed to the within instrument and ackn ledged to me tha he she/they executed the sa his er/their authorize capacity(ies), and that b his /their signature(s) on the instrument the 21822396 3% p erson( ) person(s), or the entity upon behalf of which the COMM # � °� � ANGELA A. s acted executed the instrument. >; . � r NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY MY COMM.EXPO.20 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing ANGELA A. SIMON 2182396 COMM.# paragraph is true and correct. 'n r $ NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY WITNESS my hand and official seal. MY Comm.Exp.MAR.2,2021 Xilt4A PLACE NOTARY SEAL INABOVE SPACE NOTAR '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 DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT PARTNER(S) TITLE(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR SUBSCRIBING WITNESS ❑ DATE OF DOCUMENT OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMOBPRINT SIGNER 0 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 Real property in the City of Encinitas, County of San Diego, State of California, described as follows: PARCEL 1: (APN: 254-362-45-00) THE WEST HALF OF LOT 17, HILLSIDE ACRES, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1992, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 25, 1927. EXCEPTING THEREFROM THE SOUTHERLY 165.00 FEET THEREOF. PARCEL 1A: AN EASEMENT FOR ROAD AND PUBLIC UTILITIES AND PURPOSES INCIDENTAL THERETO, OVER, ALONG, ACROSS, AND UNDER THE EASTERLY 15.00 FEET OF THE SOUTHERLY 165.00 FEET OF THE WEST HALF OF SAID LOT 17, PARCEL 2: (APN: 254-362-14-00) ALL OF LOT 19, HILLSIDE ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1992, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 25, 1927. EXCEPTING THEREFROM THE WESTERLY 50.00 FEET OF THE SOUTHERLY 200,00 FEET THEREOF. ALSO EXCEPTING THEREFROM SOUTHERLY 30.50 FEET OF THE EASTERLY 150 FEET OF SAID LOT 19 AS GRANTED TO THE CITY OF ENCINITAS BY DEED RECORDED JUNE 8, 1998 AS FILE NO. 1998-0344289 OF OFFICIAL RECORDS. PARCEL 3: (APN: 254-362-13-00) THE WESTERLY 50 FEET OF THE SOUTHERLY 200 FEET OF LOT 19 OF HILLSIDE ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1992, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 25, 1927. EXCEPTING THEREFROM THE SOUTHERLY 33.50 FEET. EXHIBIT "B" Description and Plat of Stormwater Facilities STORMWATER MAINTENANCE AGREEMENT EXHIBIT 782 LEUCADIA BOULEVARD -ENCINITAS, CA DEEP ROOTED,DENSE,DROUGHT 3'X 3'BROOKS BOX VAULT TOLERANT PLANTING SUITABLE FOR SUMP PUMP;TOP FOR WELL-DRAINED SOIL OF VAULT=193.5 WATERPROOF 0.25'TALL,1-FT WIDE -- JOINTS MID-FLOW HMP WEIR TO �7 SUMP PUMP VAULT,'192.01E FG=191.5 v w 18"LAYER ENGINEERED SOIL; - *SEE NOTE BELOW 30 MIL THICK PVC IMPERVIOUS 2 HARDMULCH ORIFICE LINER OR PER GEOTECH --.-.. rPLATE RECOMMENDATION;LINE 3"LAYER OF I _._..... r`f SIDES OF BASIN ONLY ° - - 318 PEA GRAVEL 12"LAYER OF 314"CLEAN 4"PERFORATED �_l _ _� I CRUSHED ROCK, PIPE WITH FILTER 1._ MIN 3"AGGREGATE FABRIC PERFORATIONS BOTTOM OF BELOW UNDER DRAIN AT THE INVERT BASIN EL=188.45 1-11/16"HMP-SIZED LOW-FLOW ORIFICE;ATTACH RESTRICTOR IE=188.7 4"PERFORATED PVC UNDER PLATE TO PUMP VAULT 188.71E DRAIN PIPE;PIPE TO RUN LENGTH OF HMP BASIN AND INSTALL SUMP PUMP TO BE CONNECT TO SUMP PUMP VAULT SIZED BY PSI PUMPS;FLOAT 2X 4"SCH 40 PVC FORCE SWITCHAND WET WELL PER SHOP MAIN TO HEADER TANK PER DRAWINGS BY PSI PUMPS PSI PUMPS SHOP DRAWINGS FG=184.5 OWNER/APPLICANT SITE ADDRESS IMP BASIN-BMP PR-1 SHEA HOMES LIMITED PARTNERSHIP 782 LEUCADIA BOULEVARD NOT TO SCALE A CALIFORNIA LIMITED PARTNERSHIP ENCINITAS,CA 92024 9990 MESA RIM ROAD,SUITE 200 *B10FILTRATION"ENGINEERED SOIL"LAYER SHALL BE MINIMUM 18"DEEP"SANDY LOAM" SAN DIEGO,CA 92121 SOIL MIX WITH NO MORE THAN 5%CLAY CONTENT.THE MIX SHALL CONTAIN 50-60%SAND, LEGAL DESCRIPTION 20-30%COMPOST OR HARDWOOD MULCH,AND 20-30%TOPSOIL. ASSESSORS PARCEL NUMBERS EXHIBIT"B-2" *SEE EXHIBIT A"FOR FULL LEGAL DESCRIPTION EXHIBIT"B-1" STORMWATER MAINTENANCE AGREEMENT EXHIBIT 782 LEUCADIA BOULEVARD-ENCINITAS, CA INSTALL HEADER TANK FLOW CONTROL ORIFICE PLATE PER DETAIL THIS SHEET FINISHED 4"PVC PERF OWNER/APPLICANT SURFACE OF PIPEALONG FG=191.1 b BASIN BEYOND FLOOR OF SHEA HOMES LIMITED PARTNERSHIP ROCK RIP RAP HEADER TANK A CALIFORNIA LIMITED PARTNERSHIP PER SDSRD D-40 10% 1.0% _ 9990 MESA RIM ROAD,SUITE 200 -- STORMWATER MAINTENANCE AGREEMENT EXHIBIT 782 LEUCADIA BOULEVARD - ENCINITAS, CA PRIVATELY MAINTAINED PRIVATELY MAINTAINED IMP PUMP FACILITY NOT TO BASIN FOR BEST MANAGEMENT PRACTICE BE MODIFIED WITHOUTA NOT TO BE MODIFIED WITHOUTA PERMIT FROM THE CITY PERMIT FROM THE CITY(3,510 SF) PRIVATELY MAINTAINED 7 PCC HEADWALL AND ROCK 0 --- - ---- RIP RAP NOT TO BE MODIFIED WITHOUTA PERMIT FROM THE CITY I � PRIVATELY MAINTAINED 1 I TANK STORAGE FACILITY NOT TO BE MODIFIED WITHOUTA I PERMIT FROM THE CITY I II I I I I� I I I I I I I I I I LEUCADIA BLVD X SCALE: 1"=80' 80 0 80 EXHIBIT"B-3" EXHIBIT `C' Minimum Maintenance Requirements and Maintenance Procedure for Stormwiater Facilities PR-1 Biofiltration with Partial Retention BMP MAINTENANCE FACT SHEET FOR STRUCTURAL BMP PR-1 BIOFILTRATION WITH PARTIAL RETENTION Biofiltration with partial retention facilities are vegetated surface water systems that filter water through vegetation and soil or engineered media prior to infiltrating into native soils, discharge via underdrain,or overflow to the downstream conveyance system. These BMPs have an elevated underdrain discharge point that creates storage capacity in the aggregate storage layer.Typical biofiltration with partial retention components include: • Inflow distribution mechanisms(e.g.,perimeter flow spreader or filter strips) • Energy dissipation mechanism for concentrated inflows(e.g.,splash blocks or riprap) • Shallow surface ponding for captured flows • Side slope and basin bottom vegetation selected based on climate and ponding depth • Non-floating mulch layer • Media layer(planting mix or engineered media)capable of supporting vegetation growth • Filter course layer consisting of aggregate to prevent the migration of fines into uncompacted native soils or the aggregate storage layer • Aggregate storage layer with underdrain(s) • Uncompacted native soils at the bottom of the facility • Overflow structure Normal Expected Maintenance Biofiltration with partial retention requires routine maintenance to: remove accumulated materials such as sediment, trash or debris; maintain vegetation health; maintain infiltration capacity of the media layer; replenish mulch; and maintain integrity of side slopes, inlets, energy dissipators, and outlets. A summary table of standard inspection and maintenance indicators is provided within this Fact Sheet. Non-Standard Maintenance or BMP Failure If any of the following scenarios are observed, the BMP is not performing as intended to protect downstream waterways from pollution and/or erosion. Corrective maintenance, increased inspection and maintenance, BMP replacement,or a different BMP type will be required. • The BMP is not drained between storm events. Surface ponding longer than approximately 24 hours following a storm event may be detrimental to vegetation health, and surface ponding longer than approximately 96 hours following a storm event poses a risk of vector(mosquito) breeding. Poor drainage can result from clogging of the media layer, filter course, aggregate storage layer, underdrain, or outlet structure.The specific cause of the drainage issue must be determined and corrected. • Sediment, trash, or debris accumulation greater than 25% of the surface ponding volume within one month. This means the load from the tributary drainage area is too high, reducing BMP function or clogging the BMP. This would require pretreatment measures within the tributary area draining to the BMP to intercept the materials. Pretreatment components, especially for sediment,will extend the life of components that are more expensive to replace such as media,filter course,and aggregate layers. PR-1 Page 1 of 11 January 12, 2017 PR-1 Biofiltration with Partial Retention • Erosion due to concentrated storm water runoff flow that is not readily corrected by adding erosion control blankets, adding stone at flow entry points, or minor re-grading to restore proper drainage according to the original plan. If the issue is not corrected by restoring the BMP to the original plan and grade,the[City Engineer]shall be contacted prior to any additional repairs or reconstruction. Other Special Considerations Biofiltration with partial retention is a vegetated structural BMP. Vegetated structural BMPs that are constructed in the vicinity of, or connected to, an existing jurisdictional water or wetland could inadvertently result in creation of expanded waters or wetlands. As such, vegetated structural BMPs have the potential to come under the jurisdiction of the United States Army Corps of Engineers,SDRWQCB,California Department of Fish and Wildlife,or the United States Fish and Wildlife Service.This could result in the need for specific resource agency permits and costly mitigation to perform maintenance of the structural BMP.Along with proper placement of a structural BMP, routine maintenance is key to preventing this scenario. PR-1 Page 2 of 11 January 12, 2017 PR-1 Biofiltration with Partial Retention SUMMARY OF STANDARD INSPECTION AND MAINTENANCE FOR PR-1 BIOFILTRATION WITH PARTIAL RETENTION The property owner is responsible to ensure inspection,operation and maintenance of permanent BMPs on their property unless responsibility has been formally transferred to an agency,community facilities district,homeowners association,property owners association,or other special district. Maintenance frequencies listed in this table are average/typical frequencies.Actual maintenance needs are site-specific,and maintenance may be required more frequently. Maintenance must be performed whenever needed,based on maintenance indicators presented in this table.The BMP owner is responsible for conducting regular inspections to see when maintenance is needed based on the maintenance indicators.During the first year of operation of a structural BMP,inspection is recommended at least once prior to August 31 and then monthly from September through May.Inspection during a storm event is also recommended.After the initial period of frequent inspections,the minimum inspection and maintenance frequency can be determined based on the results of the first year inspections. Threshold/Indicator Maintenance Action Typical Maintenance Frequency Accumulation of sediment,litter,or debris Remove and properly dispose of accumulated materials, •Inspect monthly. If the BMP is 25%full'or more in without damage to the vegetation or compaction of the one month,increase inspection frequency to monthly media layer. plus after every 0.1-inch or larger storm event. •Remove any accumulated materials found at each inspection. Obstructed inlet or outlet structure Clear blockage. .Inspect monthly and after every 0.5-inch or larger storm event. •Remove any accumulated materials found at each inspection. Damage to structural components such as weirs,inlet or Repair or replace as applicable. •Inspect annually. outlet structures •Maintenance when needed. Poor vegetation establishment Re-seed,re-plant,or re-establish vegetation per original •Inspect monthly. plans. •Maintenance when needed. Dead or diseased vegetation Remove dead or diseased vegetation,re-seed,re-plant, •Inspect monthly. or re-establish vegetation per original plans. •Maintenance when needed. Overgrown vegetation Mow or trim as appropriate. •Inspect monthly. •Maintenance when needed. 213 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 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). 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 flaw 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 flaw has been observed, control blankets,adding stone at flow entry points,or increase inspection frequency to after every 0.1-inch minor re-grading to restore proper drainage according or larger storm event. to the original plan. If the issue is not corrected by .Maintenance when needed. If the issue is not restoring the BMP to the original plan and grade,the corrected by restoring the BMP to the original plan [City Engineer]shall be contacted prior to any additional and grade,the[City Engineer]shall be contacted prior repairs or reconstruction. to any additional repairs or reconstruction. Standing water in BMP for longer than 24 hours Make appropriate corrective measures such as adjusting •Inspect monthly and after every 0.5-inch or larger following a storm event irrigation system, removing obstructions of debris or storm event. If standing water is observed, increase Surface ondin longer than a invasive vegetation, clearing underdrains, or inspection frequency to after every 0.1-inch or larger p g g approximately cleely 24 hours repairing/replacing clogged or compacted soils. storm event. following a storm event may be detrimental to vegetation health •Maintenance when needed. 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. htto://www.mosquito.org/biology water. •Maintenance when needed. If mosquitos persist following corrective measures to remove standing water,or if the BMP design does not meet the 96-hour drawdown criteria due to release rates controlled by an orifice installed on the underdrain, the [City Engineer] shall be contacted to determine a solution.A different BMP type,or a Vector Management Plan prepared with concurrence from the County of San Diego Department of Environmental Health,may be required. Underdrain clogged Clear blockage. •Inspect if standing water is observed for longer than 24-96 hours following a storm event. •Maintenance when needed. PR-1 Page 4 of 11 January 12,2017 PR-1 Biofiltration with Partial Retention References American Mosquito Control Association. http://www.mosquito.org/ California Storm Water Quality Association(CASCA)•2003.Municipal BMP Handbook. https://www.casga.org/resources/bmp-hand books/mun ici pa I-bm p-handbook County of San Diego.2014.Low Impact Development Handbook. http://www.sa ndiegocou ntV.goy/content/sdc/d pw/watersheds/susm o/l id.html San Diego County Copermittees.2016.Model BMP Design Manual,Appendix E,Fact Sheet PR-1. http://www.proiectcleanwater.org/index.i)hp?option=com content&view=article&id=250&ltemid=220 PR-1 Page 5 of 11 January 12,2017 PR-1 Biofiltration with Partial Retention Page Intentionally Blank for Double-Sided Printing PR-1 Page 6 of 11 January 12,2017 PR-1 Biofiltration with Partial Retention Date: Inspector: BMP ID No.: Permit No.: APN(s): Property/Development Name: Responsible Party Name and Phone Number: Property Address of BMP: Responsible Party Address: INSPECTION AND MAINTENANCE CHECKLIST FOR PR-1 BIOFILTRATION WITH PARTIAL RETENTION PAGE 1 of S 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❑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 X of the depth from the design bottom elevation to the crest of the outflow structure(e.g.,if the height to the outflow opening is 12 inches from the bottom elevation,then the materials must be removed when there is 3 inches of accumulation—this should be marked on the outflow structure). PR-1 Page 7 of 11 January 12,2017 � � z c PR-1 Biofiltration with Partial Retention Date: Inspector: BMP ID No.: Permit No.: APN(s): INSPECTION AND MAINTENANCE CHECKLIST FOR PR-1810FILTRATION WITH PARTIAL RETENTION PAGE 2 of S 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 ❑ ❑NO 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 Biofiltration with Partial Retention Date: Inspector: BMP ID No.: Permit No.: APN(s): INSPECTION AND MAINTENANCE CHECKLIST FOR PR-1 BIOFILTRATION WITH PARTIAL RETENTION PAGE 3 of 5 Threshold/Indicator Maintenance Recommendation Date Description of Maintenance Conducted Erosion due to concentrated irrigation flow ❑Repair/re-seed/re-plant eroded areas and Maintenance Needed? adjust the irrigation system ❑YES ❑Other/Comments: ❑NO ❑N/A Erosion due to concentrated storm water ❑Repair/re-seed/re-plant eroded areas,and runoff flow make appropriate corrective measures Maintenance Needed? such as adding erosion control blankets, adding stone at flow entry points,or ❑YES minor re-grading to restore proper ❑NO drainage according to the original plan ❑N/A ❑If the issue is not corrected by restoring the BMP to the original plan and grade,the [City Engineer]shall be contacted prior to any additional repairs or reconstruction ❑Other/Comments: PR-1 Page 9 of 11 January 12,2017 0 r 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 PAGES 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 installed on the underdrain,the[City Engineer]shall be contacted to determine a solution.A different BMP type,or a Vector Management Plan prepared with concurrence from the County of San Diego Department of Environmental Health,may be required. PR-1 Page 11 of 11 January 12,2017