2019-192933 _ DOC# 2019-0192933
'` - 1 111111 IIIII IIIII IIIII IIII IIIII!IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
RECORDING REQUESTED BY AND May 21, 2019 04:13 PM
Q ) OFFICIAL RECORDS
WHEN RECORDED MAIL TO: ) Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $80.00 (SB2 Atkins: $0.00)
CITY CLERK ) PAGES: 23
CITY OF ENCINITAS )
505 SOUTH VULCAN AVENUE )
ENCINITAS, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
AGREEMENT FOR MAINTENANCE OF PRIVATE STORMWATER TREATMENT AND
STORMWATER POLLUTION CONTROL FACILITIES BY AGENT OF COMMERCIAL
FACILITY
APN: 262-160-26, -27 Permit No.: 14075-G/I
Site Address: 1920 S. El Camino Real Case No.: 16-131 MUP/CDP
THIS AGREEMENT is between the City of Encinitas, a municipal corporation,
hereinafter referred to as the "City", and Encinitas Senior Living, LP, a California limited
partnership, its heirs, successors, and assigns, collectively hereinafter referred to as
"Owner", owner(s) of that certain real property hereinafter referred to as "Property" that
is described in Exhibit "A", which is attached hereto and made a part hereof. This
Agreement is for the periodic Maintenance of certain private stormwater treatment and
pollution control 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,
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
City permit pursuant to City of Encinitas Municipal Code Chapter 20.08 and Chapter
23.24 as well as the City of Encinitas Stormwater,Manual; and
WHEREAS, the Stormwater Facilities benefit said Property and are used by
Owner and 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 regular and periodic basis as necessary to preserve the Storm Water Facilities in
good-working order in accordance with the minimum Maintenance requirements set
forth in Exhibit "C" which is attached hereto and made a part hereof and in accordance
with the City of Encinitas Municipal Code, the Encinitas Stormwater Manual, and other
related City policies and requirements; and
s
WHEREAS, it is responsibility of the Owner to assure his/her tenants will comply
with and enforce the terms and conditions of this agreement;
WHEREAS, it is responsibility of the Owner to disclose this agreement to all the
future tenants using, benefiting from, or impacting the Stormwater Facilities
WHEREAS, it is responsibility of the Owner to add Maintenance of Stormwater
Facilities to common area maintenance (CAM) and appoint a qualified property
management company or individual herein after referred to as "Agent" to oversee such
Maintenance. . The Agent shall be the single point of contact between the City of
Encinitas_ and Owners or Developer; and
WHEREAS, the Owner may act as the Agent so long as the total square footage
of the 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
Agent;
WHEREAS, it is requirement of development and or commercial use that this
Agreement constitute a covenant running with the land, binding upon each successive
owner of all or any portion of the Property into perpetuity.
NOW THEREFORE, IT IS HEREBY AGREED FOR VALUABLE
CONSIDERATION AS FOLLOWS:
1. This agreement establishes the Owner 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
1
prior to the next anticipated rain event. Interim water quality control measures
shall be utilized to protect damaged or deficient Stormwater Facilities during
any storm event until such time as the Facilities are restored to good working
order. The minimum upkeep and repair frequency shall be consistent with
the Exhibit "C" but. not less than once per year. To the satisfaction of the
Director of Engineering Services, the Owner shall ensure that the Stormwater
Facilities are in proper working order for the rainy season, which starts on
October 1.
iii) The Owner shall obtain the City of Encinitas Stormwater Inspection Report
form from the City website or the City of Encinitas Civic Center, complete the
inspection report form, and submit the inspection report to the City of
Encinitas Department of Engineering Services. Prior to the submittal of the
inspection report to the City, the Owner shall perform an inspection of the
Stormwater Facilities, identify deficiencies, and repair and correct all
deficiencies. The inspection report shall'be submitted to the City once a year
between August 1 and September 30.
2. The Property is benefited by this Agreement, and it is the purpose of the
signatories hereto that this instrument be recorded to the end and intent that the
obligation hereby created shall be and constitute a covenant running with the
land. Any heirs, executors, administrators, assignees, and/or successors in
interest to all or any portion of the Property, by acceptance of delivery of a deed
and/or conveyance regardless of form, shall be deemed to have consented to
and become expressly bound by these presents, including without limitation, the
right of any.person entitled to enforce the terms of this Agreement to institute
legal action as provided in Paragraph 14 hereof, such remedy to be cumulative
and in addition to other remedies. provided in this Agreement and to all other
remedies at law or in equity.
3. The Stormwater Facilities shall be constructed by and have Maintenance
performed by the Owner in accordance with the term and conditions of this
agreement and the plans and specifications identified in approved Grading &
Improvement Plan Number 14075-G/I 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.
6. The Maintenance to be performed under this Agreement shall include upkeep,
repair, and improvements to adequately ensure the Stormwater Facilities are in
proper working order as determined by the City. Upkeep, repair, and
improvements under this Agreement shall include, but are not limited to,
repairing access roadbeds; repairing, preserving, and providing improvement for
the upkeep of drainage structures; removing debris, sediment, oil, grease, and
other pollutants as determined by the City; perpetually preserving adequate
groundcover and/or other erosion control measures within the Property in order
to prevent erosion; and the management of materials, pollutants, and hazardous
waste to prevent pollution of the stormwater system or Municipal Separate
Stormwater, Sewer System (MS4) as referenced in local and State codes.
Upkeep, repair, and improvement shall also include other work necessary to
repair and preserve the Stormwater Facilities for their intended purposes as well
as the restoration of the Stormwater Facilities following any non-permitted
modification. The restoration shall be as required to restore the Stormwater
Facilities to the condition existing prior to damage or alteration.
7. Under no circumstances shall any contract or agreement for service(s) to be
provided as outlined in this agreement, and any additional Maintenance activities
or services to be provided as outlined in subsequent attachments hereto, be
terminated by the Owner, tenants, or Agent unless a replacement contract or
agreement for the required Maintenance has already been executed. The Agent
and the Owner shall be responsible for ensuring proper execution of the
provisions of all contracts and/or agreements for the required Maintenance and
for timely payments for said services.
8. Upon appointment of.an Agent responsible for managing the maintenance of the
stormwater facilities, the Developer must notify the City of the current contact
information for the Owner and Agent within thirty (30) days. At a minimum,
contact information for Owner and Agent shall include: organization name,
mailing address, email address, phone number, contract person, contact
person's phone number, and email address. The Agent. must be established and
the above information must be provided to the City prior to occupancy of the first
unit. Any future changes in Owner or Agent contact information shall be
provided to the City within thirty (30) days of the change being made. Contact
information shall be provided in writing to the following address (or.current City
of Encinitas, Civic Center address):
City of Encinitas
Stormwater Division
505 S Vulcan Ave
Encinitas, CA 92024
9. Any liability of the Owner, tenants, or Agent for personal injury to any worker
.employed to provide Maintenance under this Agreement, or to third persons, as
well as any liability for damage to the property of any third persons, as a result of
or arising out of Maintenance under this Agreement, shall be borne by the
Owner, tenants, or Agent.
10. Owner and . tenants shall jointly and severally defend, indemnify, and hold
harmless City, City's engineer, its consultants, and each of its officials, directors,
officers, agents, and employees from and against all liability, claims, damages,
losses, expenses, personal injury, and other costs, including costs of defense
and attorney's fees, to any contractor, any subcontractor, any user of the
Stormwater Facilities, or to any other third persons arising out of or in any way
related to the use, Maintenance, or the failure to provide Maintenance of the
Stormwater Facilities. This Agreement imposes no liability of any kind
whatsoever on the City and the Owner agrees to hold the City harmless from any
liability in the event the Stormwater Facilities fail to operate properly.
11. Nothing in this Agreement, the specifications, other contract documents, the
City's approval of the plans and specifications, or the City's inspection of the
work constitutes an acknowledgement of any City responsibility for any such item
or the material contained therein, and the City, City's engineer, its consultants,
and each of its officials, directors, officers, employees and agents, shall have no
responsibility or liability therefore.
12. The. Owner and tenants shall provide access to the Stormwater Facilities within
the Property to the City's inspectors, employees, agents, and contractors within
48 hours of receipt of a written notification by the City. The access shall be
provided unconditionally and without any obstruction, interference, or hazard.
Any animals kept on the Property shall be secured outside of the area subject to
the City's inspection.
13. The Owner hereby grants permission to the City, its authorized agents, and its
employees, to enter upon the Property and to inspect the Stormwater Facilities
following a 48-hour notice whenever the City deems necessary. The purpose of
inspection is to evaluate the condition and performance of the Stormwater
Facilities, to follow-up on reported deficiencies, to respond to citizen complaints,
and/or to comply with State and City requirements for City inspection of such
Facilities. The City shall provide the Owner with copies of the inspection findings
and a directive to commence with any repairs deemed necessary.
14. In the event the Owner and tenants fail to preserve the Stormwater Facilities in
good working condition as determined by the City Engineer, the City, its agents,
employees, or its contractors, may enter upon the Property and take the steps
deemed necessary to correct deficiencies and shall charge the costs of such
repairs to the Owner. In the event the City pursuant to this Agreement, performs
work of any nature, or expends any funds for attorney's fees, administrative
costs, contractors, employees, consultants, materials, or other costs in the
performance of said work, the Owner shall reimburse the City. Such
reimbursement shall be due within thirty (30) days of receipt of a notification for
all costs incurred by the City, including any administrative costs and attorney's
fees. If said funds are not paid by the Owner within (30) days, City reserves the
right to take legal action for cost recovery and to file with the County Recorder of
San Diego County an assessment lien on the Property. It is expressly
understood and agreed that the City is under no obligation to perform
Maintenance of said.Stormwater Facilities, and in no event shall this Agree_ment
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.
OWNER:
X_; - 17
Andrew Plant Date
Encinitas Senior Living, LP
Signature of OWNER must be notarized. Attach the appropriate acknowledgement.
CITY OF.ENCINITAS:
l
Vdward J. W m er DA
City Enginee
Development Services Department
City of Encinitas
All-purpose Acknowledgment California only
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
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Onbs n �-'� before me, , (here insert name and title of the officer),
personally appeared
who proved to me on the basis of satisfactory evidence to be the 111111111111116
person(s)whose name(s)is/are subscribed to the within instrument SEa� f
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and acknowledged to me that he/she/they executed the same in his/ CHARLES WISDA,
her/their authorized capacity(ies),and that by his/her/their signature(s) � z°°�' T COMB #2200192-CALIF n
,o � NOTARY PUBLIC-CALIFORNIA
on the instrument the person(s),or the entity upon behalf of which the f�NM► SAN DIEGO COUNTY -`
person(s)acted,executed the instrument. My „Expires 06/04e2o2l
91 101111111111111 t1111111t��t1���������P
I certify under PENALTY OF PERJURY under the laws of the State of -
California that the foregoing paragraph is true and correct. Notary Seal
WITNESS my hand
and official seal.
Signature
For Bank Purposes Only
Description of Attached Document ^,
Type or Title of Document
CN- Pv Qom--, (A-i-1 J;_L > 6-) P-" c� 4*1�
Document Date 11 �lCl Number of Pages l/1
Signer(s)Other Than Named Above
DSG53SOCA(Rev 02-05/17) F001-000DSG5350CA-01
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 Sc-LVl
SS.
On 5'Z� —701 c�,
, before me, �aelm ,Notary Public,
DATE �-
personally appeared �� �r Lj► M Mt'r— ,who proved to me on the
basis of satisfactory evidence to be the person(s) whose naive(gegged e subscribed the within instrument
anthis/lai to me tha he she/they executed the
..,. sa lieir authorized capacity(ies), and that
o, ANGELA A. SIMON by er/their signatures) on the instrument the
"" COMM.#218230 ►►n� pe (s), or the entity upon behalf of which the
NOTARY PUBLIC-CALIFORNIA yJ
SAN DIEGO COUNTY
MY P. R.2,2021 person(s) acted, executed the instrument.
�iq,o¢fi� CONM.EX MA
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
PLACE NOTARY SEAL IN ABOVE SPACE y NOTARY'S SIGNATURE
OPTIONAL. INFORMATION
The'inforination below is optional. However,it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIINIED 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
NANIE OF PERSON(S)OR ENTITY(IES) THUMBPRINT
OF
SIGNER
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APA01-21)1.5 NOTARl'BONDS,SUPPLIES:\,DFOR:�ISATIITTP:.,WWW.\':1LLFY-SIERRA.CO�1 ,_2005-2017V:-ALLEY-SIERRA INSURANCE
EXHIBIT"A"
MAINTENANCE AGREEMENT FOR PRIVATE STORMWATER TREATMENT AND STORMWATER
POLLUTION CONTROL AND HYDROMODIFICATION MANAGEMENT FACILITIES BY HOA
PROPERTY LEGAL DESCRIPTION
PROJECT NO. 16-131 MUP/DR/PMW/CDP
THE LAND REFERRED TO HEREIN BELOW IS SITUATED N THE CITY OF ENCNITAS,N THE
COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS:
PARCEL 1: (APN: 262-160-27)
ALL THAT PORTION OF THE SOUTHERLY SIX ACRES OF THE NORTHERLY THREE-
QUARTERS OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST SAN
BERNARDNO MERIDIAN,AS SHOWN ON COUNTY OF SAN DIEGO TRACT 3960,ACCORDING
TO MAP THEREOF NO. 10675, FILED N THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY,JULY 8, 1983 DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF PARCEL MAP NO. 11058 FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 5, 1981 AS FILE NO.
81-068283 OF OFFICIAL RECORDS, BEING A POINT ON THE EASTERLY LINE OF LOTS OF
SAID MAP NO. 10675; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL MAP NO.
11058 SOUTH 890 24' 55" EAST (RECORD SOUTH 89°24' 22" EAST)374.05 FEET TO THE TRUE
PONT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE NORTH 0° 45' 27" EAST
389.01 FEET TO THE SOUTHERLY LINE OF LOT 10 OF SAID MAP NO. 10675;THENCE ALONG
SAID SOUTHERLY LINE SOUTH 890 24' 55" EAST 234.45 FEET TO THE SOUTHEAST CORNER
OF SAID LOT 10, BEING THE WESTERLY RIGHT-OF-WAY LINE OF EL CAMNO REAL (SAN
DIEGO COUNTY ROAD SURVEY NO. 1802-1) AS SHOWN ON SAID MAP NO. 10675; THENCE
ALONG SAID RIGHT-OFWAY LINE SOUTH 000 39' 09"WEST 389.01 FEET TO THE NORTHEAST
CORNER OF PARCEL 1 OF SAID PARCEL MAP NO. 11058;THENCE ALONG THE NORTHERLY
LINE OF SAID PARCEL MAP NORTH 890 24'-55"WEST(RECORD 89°24'22"WEST)235.16 FEET
TO THE TRUE PONT OF BEGINNING.
PARCEL 2: (APN: 262-160-26)
ALL THAT PORTION OF THE SOUTHERLY SIX ACRES OF THE NORTHERLY THREE-
QUARTERS OF THE SOUTHEAST OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 23,TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDNO BASE
AND MERIDIAN,AS SHOWN ON COUNTY OF SAN DIEGO TRACT 3960,ACCORDING TO MAP
THEREOF-NO. 10675, FILED N THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY,JULY 8, 1983 DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF PARCEL MAP NO. 11058, FILED N THE
OFFICE OF SAID COUNTY RECORDER, MARCH 5, 1981, BEING POINT ON THE EASTERLY
LINE OF LOT 8 OF SAID MAP NO. 10675; THENCE ALONG THE NORTHERLY LINE OF SAID
PARCEL MAP N0. 11058 SOUTH 89 024'55"EAST(RECORD-SOUTH 89°24'22"EAST)246.13 FEET
TO THE TRUE PONT OF BEGINNING: THENCE LEAVING SAID NORTHERLY LINE NORTH
0045'27' EAST 389.01 FEET TO THE SOUTHERLY LINE OF LOT 10 OF SAID MAP NO. 10675;
THENCE ALONG SAID SOUTHERLY LINE SOUTH 89 024'55" EAST ,127.92 FEET; THENCE
LEAVING SAID LINE SOUTH 0045'27' WEST 389.01 FEET TO SAID NORTHERLY LINE OF
PARCEL MAP NO. 11058; THENCE ALONG SAID LINE NORTH 89°24'56" WEST (RECORD-
NORTH 89 024'22"WEST) 127.92 FEET TO THE TRUE POINT OF BEGINNING.
STORMWATER MAINTENANCE AGREEMENT EXHIBIT "B-l "
1920 SOUTH EL CAMINO REAL - ENCINI TAS, CA
N 89 025'19"W 362.40' I
I
I
o Q
PRIVATELY MAINTAINED IMP BASIN FOR z
BEST MANAGEMENT PRACTICE NOT TO BE a
o MODIFIED WITHOUT A PERMIT FROM THE °� Q
z CITY(5,385 SF PROPOSED) z U
J
WI
I I
I / I
I
N 89°2426"W 363.09'
X
SCALE: 1"=60'
60 0 60
EXHIBIT'B-1"
STORMWA TER MAINTENANCE AGREEMENT EXHIBIT "B-2"
1920 SOUTH EL CAMINO REAL - ENCINITAS, CA
DEEP ROOTED,DENSE, INSTALL 36"X 36"CAST-IN-PLACE 0.51
DROUGHT TOLERANT (WATERPROOF)BOX WITH GRATED INLET,
PLANTING SUITABLE 86.5 TG TOP OF
- -........ e FOR WELL DRAINED SLOPE,
SOIL 3„HARDWOOD 87.0 FG P 18"LAY
_._._..__._. ° = MULCH ____.__
ER
---............. -
...- . e o0 21: __-------
ENGINEERED SOIL
........... NOTE EL
FG=85.0" FG=85.0 a *SEE 0 8 OW
...............................: ........ 30 MIL THICK PVC
- -� --- -� IMPERVIOUS LINER OR
..............° .
PER GEOTECH
e
..............._.__...__.... - RECOMMENDATION
o __
3"TRIG URSE
y._...._.....___... ___ ........E � ........_.._....... .__._........_......._._ _.._..__..___ ..._ d
° OF 318"PEA
i ................... ...... ............i RA
ER 0 N
6"LAY OF 3/4"CLEAN
.
' _......_..............._....
CRUSHED ROCK
4"PERFORATED PVC PIPE WITH _. ....— **SEE NOTE BELOW
�..� -_..�y.�. 3
FILTER FABRIC PERFORATIONS
____
- .... INSTALL 2-1/4"HMP-SIZED .
AT THE INVERT LOW-FLOW ORIFICE,82.75 FLOW CONTROL
INSTALL 4"PERFORATED PVC UNDER DRAIN lE ORIFICE PLATE
PIPE PIPE TO RUN LENGTH OF HMP BASIN AND INSTALL 18"PVC OUTFALL
CONNECT TO BROOKS.BOX AT ORIFICE PLATE PIPE
IE OUT=81.5
*B1OFILTRATION"ENGINEERED SOIL"LAYER SHALL BE MINIMUM 18"DEEP"SANDY LOAM"SOIL MIX WITH NO
MORE THAN 5%CLAY CONTENT. THE MIX SHALL CONTAIN 50-60%SAND,20-30%COMPOST OR HARDWOOD
MULCH,AND 20-30%TOPSOIL.
**3/4"CRUSHED ROCK LAYER SHALL BE A MINIMUM OF 6"BUT MAY BE DEEPENED TO INCREASE THE
INFILTRATION AND STORAGE ABILITY OF THE DETAIL
BMP SIZING
PROP AREA(SF) SURFACE VOLUME U(CF) BASIN VOLUME:U(CF)
OWNER/APPLICANT 5,385 SF 10,895 CF 12,115 CF LEGAL DESCRIPTION
ENCINITAS SENIOR LIVING,L.P. SITE ADDRESS ASSESSORS PARCEL NUMBERS *SEE EXHIBIT'A"FOR FULL
7660 FAY AVENUE,SUITE N LEGAL DESCRIPTION
LA JOLLA,CA 92037 1920 SOUTH EL CAMINO REAL 262-160-26&27
ENCINITAS, CA 92024
EXHIBIT"B-2"
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, • Inspect monthly.
or re-establish vegetation per original plans. • Maintenance when needed.
Overgrown vegetation Mow or trim as appropriate. • Inspect monthly.
• Maintenance when needed.
2/3 of .mulch has decomposed, or mulch has been Remove decomposed fraction and top off with fresh • Inspect monthly.
removed mulch to a total depth of 3 inches. • Replenish mulch annually, or more frequently when
needed based on inspection.
*"25%full"is defined as%of the depth from the design bottom elevation to the crest of the outflow structure(e.g.,if the height to the outflow opening is 12 inches from the
bottom elevation,then the materials must be removed when there is 3 inches of accumulation—this should be marked on the outflow structure).
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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 . Maintenance when needed. If the issue is not
restoring the BMP to the original plan and grade, the . corrected by restoring the BMP to the original plan
[City Engineer]shall be contacted prior to any additional and grade,the [City Engineer] shall be contacted prior
repairs or reconstruction. to any additional repairs or reconstruction.
Standing water in BMP for longer than 24 hours Make appropriate corrective measures such as adjusting . Inspect monthly and after every 0.5-inch or larger
following a storm event irrigation system, removing obstructions of debris or storm event. If standing water is observed, increase
Surface ponding longer than approximately 24 hours invasive vegetation, clearing underdrains, or inspection frequency to after every 0.1-inch or larger
repairing/replacing clogged or compacted soils. storm event.
following a storm event may be detrimental to • Maintenance when needed.
vegetation health
Presence of mosquitos/larvae If mosquitos/larvae are observed: first, immediately • Inspect monthly and after every 0.5-inch or larger
remove any standing water by dispersing to nearby storm event, If mosquitos are observed, increase
For images of egg rafts, larva, pupa, and adult landscaping; second, make corrective measures as inspection frequency to after every 0.1-inch or larger
mosquitos,see applicable to restore BMP drainage to prevent standing storm event.
http://www.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.
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Bidiltration
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.htmi
San Diego County Copermittees. 2016. Model BMP Design Manual,Appendix E, Fact Sheet BF-1.
http://www.pro*ectcleanwater.org/index.php?option=com content&view=article&id=250<emid=220
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Page Intentionally Blank for Double-Sided Printing
BF-1 Page 6 of 11
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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 BF-1 BIOFILTRATION PAGE 1 of 5
Threshold/Indicator Maintenance Recommendation Date Description of Maintenance Conducted
Accumulation of sediment,litter,or debris ❑ Remove and properly dispose of
Maintenance Needed? accumulated materials,without damage
to the vegetation
❑YES ❑ If sediment,litter,or debris accumulation
❑ NO exceeds 25%of the surface ponding
❑ N/A volume within one month(25%full*),
add a forebay or other pre-treatment
measures within the tributary area
draining to the BMP to intercept the
materials.
❑ Other/Comments:
Poor vegetation establishment ❑ Re-seed,re-plant,or re-establish
Maintenance Needed? vegetation per original plans
El ❑ Other/Comments:
❑ NO
❑ N/A
*"25%full"is defined as%of the depth from the design bottom elevation to the crest of the outflow structure(e.g.,if the height to the outflow opening is 12 inches from the
bottom elevation,.then the materials must be removed when there is 3 inches of accumulation—this should be marked on the outflow structure):
BF-1 Page 7 of 11 .
January 12, 2017
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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
❑
El Other/Comments:
❑ N/A
Overgrown vegetation ❑ Mow or trim as appropriate
Maintenance Needed? ❑Other/Comments:
❑YES
❑ NO
❑ N/A
2/3 of mulch has decomposed, or mulch has ❑ Remove decomposed fraction and top off
been removed with fresh mulch to a total depth of 3
Maintenance Needed? inches
❑.YES ❑other/Comments:
❑ NO
❑ N/A
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Date: Inspector: BMP ID No.:
Permit No.: APN(s):
INSPECTION AND MAINTENANCE CHECKLIST FOR BF-1 BIOFILTRATION 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 runoff ❑ Repair/re-seed/re-plant eroded areas,
flow and make appropriate corrective
measures such as adding erosion
Maintenance Needed? 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 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
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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 Description 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,
removing obstructions of debris or
Surface ponding longer than approximately,24
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.mosouito.ore/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.
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