2019-285607 DOC# 2019-0285607
111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Jul 16, 2019 04:03 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
Recording Requested By: SAN DIEGO COUNTY RECORDER
FEES: $80.00 (SB2 Atkins: $0.00)
City Engineer PAGES: 23
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
APN: 260-430-20, -76 & -78 Case No.: 18-074 TPM/CDP
Address: 1231 Birmingham Drive Permit No.: 13993-G/I/M
THIS AGREEMENT is between the City of Encinitas, a municipal corporation,
hereinafter referred to as the "City", and Buffalo/Birmingham Investors, LLC. A
Delaware Limited Liability Company and Cervera Lomeli, Ricardo, a married man, 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. 18-074 TPM%CDP, their heirs, successors, and assigns, collectively
hereinafter referred to as "Owners"; and
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WHEREAS, City requires that Developer establish a homeowners association in
conformance with the California Civil Code Sections 1350 through 1376, hereinafter
referred to as "HOK, 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 asset 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.
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.
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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 12894-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 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):
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.
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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.
OW ER:
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Brad Termini, Manager Date
Buffalo/Birmingham Investors, LLC.
Cervera Lomeli, Ricardo Date
Signature of OWNER must be notarized. Attach the appropriate acknowledgement.
CITY OF ENCINITAS:
dward J. W' er Date
City Engine r
Developme ervices Department
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 )
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COUNTY OF LJ )
On ffi ftc61 2 �A)Nq , before me, A� l l 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. HEIDI A.BLAIR
COMM. #2157862 z
Notary Public-California o
" z San Diego County
My Comm.Expires June 24,2020
Signatur y
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 rNly m iQ Vb 2D)q before me, \ `ail /1( a Notary Public,
personally appeared 'V7\L a wA6 C P�' gym. \ Cwn 1 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.
HEIDI A. BLAIR
COMM. #2157862 z
• Lai
otary Public-California o
Z San Diego County
Signatu a Comm.Ex ires June 24,2020
SMRH:440399292.4 14
053116 43EA-206854
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
SS.
County of
On — (�, , before me,
` e-L - �� � V r) , Notary Public,
DATE l
personally appeared E:-AWC -`'d y v'Yi r ''f'-1— , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name( i /are subscribed the within instrument
and ac nhi edged to me tha /she/they executed the
sa e ' he r/their authorized capacity(ies), and that
b hi /her/their signature(s) on the instrument the
p n(s), or the entity upon behalf of which the
ANGELA A.
SIMON person(s) acted, executed the instrument.
coMM.#2182396 1^
e N07 SAN D E`GO COUN0PNIk V� I certify wader PENAL'T'Y OF PERJURY under the
laws of the State of California that the foregoing
�eeno�"� MY COMM.EXP.MAR_2.20 g g
paragraph is true and correct.
WITNESS my hand and official seal.
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PLACE NOTARY SEAL IN ABOVE SPACE �7 q �N7OTARY'S SIGN.NTURE
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The inforination 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
0 OTHER:
OTHER
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SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT
NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT
OF
SIGNER
APA01,2015 NOTARY BONDS,SUPPLIES AND FORNISAT IITTP:r WWWAALLEY-SIE-RILA.COM C 2005-3017 V-ALLFY SIERRA INSURANCE
EXHIBIT `A'
LEGAL DESCRIPTION OF REAL PROPERTY
PARCEL B AS SHOWN ON CERTIFICATE OF COMPLIANCE NO: 02-061
AS EVIDENCED BY DOCUMENT-RECORDED SEPTEMBER 2, 2003 AS
INSTRUMENT NO: 2003-1069344 OF OFFICIAL RECORDS
PARCEL 2 OF PARCEL MAP NO. 19125, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DECEMBER 17, 2002
(APN: 260-430-20-00 AND 260-430-78-00)
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STORM WATER MAINTENANCE AGREEMENT
EXHIBIT 'B-1'
OWNER
BUFFALO/BIRMINGHAM INVESTORS, LLC >
700 SECOND STREET
0
ENCINITAS, CA 92024 w
g
SITEADDRESS
1231 BIRMINGHAM DRIVE&
1832 WESTVIEW DRIVE
APN:260-430-20, 76, & 78 BIRMINGHAM DRIVE w
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LEGAL DESCRIPTION
co
PARCEL B AS SHOWN ON CERTIFICATE OF w
COMPLIANCE NO: 02-061 AS EVIDENCED BY
DOCUMENT RECORDED SEPTEMBER 2,2003 AS IIIIIIIIIIIIIIIISITE
INSTRUMENT NO:2003-1069344 OF OFFICIAL
RECORDS
PARCEL 2 OF PARCEL MAP NO. 19125, IN THE
CITY OF ENCINITAS COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, FILED IN THE OFFICE OF VICINITY MAP
THE COUNTY RECORDER OF SAN DIEGO COUNTY
DECEMBER 17, 2002 NTS
3'X 3'OUTLET STRUCTURE
CAST-IN-PLACE
TG 296.5
DROUGHT TOLERANT
GROUNDCOVER PLANTINGS 0.5' MIN FREEBOARD
2 0.9'
2
�1 .1' MI 2' 1�
2"NON-FLOATING �FG 294.5
HARDWOOD MULCH 18"MIN. ENGINEERED SOIL
RESTRICTOR SEE NOTE BELOW"
2"-3/8"GRAVEL III III I II PLATE III II II III
10"-3/4"CLEAN
CRUSHED ROCK* 12" PVC OUTLET PIPE
I E 291.8 S=l o
4" PERFORATED PIPE
W/FILTER FABRIC 2.3"LOW FLOW ORIFICE HOLE
PERFORATIONS AT THE INVERT DRILLED IN RESTRICTOR PLATE.
PERF. PIPE NETWORK TO HAVE ONLY
3 MIN AGGREGATE BELOW UNDERDRAIN
ONE POINT OF CONNECTION TO BOX
VIA ORIFICE.
GRADER TO SCARIFY BOTTOM
*BIORETENTION"ENGINEERED SOIL"LAYER SHALL BE MINIMUM 18"DEEP"SANDY LOAM"SOIL MIX WITH NO MORE THAN
5% CLAY CONTENT.THE MIX SHALL CONTAIN 65%SAND, 15%COMPOST OR HARDWOORD MULCH,AND 20%TOPSOIL,
FREE OF STONES, STUMPS, ROOTS, OR SIMILAR OBJECTS,AND ALSO FREE OF NOXIOUS WEEDS.
**3/4"CRUSHED ROCK LAYER SHALL BE A MINIMUM OF 10"BUT MAY BE DEEPENED TO INCREASE THE INFILTRATION AND
STORAGE ABILITY OF THE DETAIL THE EFFECTIVE AREA OF THE BASIN SHALL BE LEVEL AND SHALL BE SIZED BASED ON
CALCULATION.TYPICALLY, THE SURFACE AREA OF THE BIORETENTION BASIN IS 4%OF THE IMPERVIOUS AREA DRAINING
TO IT.ALL BIORETENTION PLANTERS TO BE DEPRESSED AT LEAST 6" BELOW ADJACENT FINISHED SURFACE
BIOFILTRATION BASIN - TYPICAL DETAIL
NOT TO SCALE
STORM WATER MAINTENANCE AGREEMENT
EXH181 T 'B-2'
BIRMINGHAM DRIVE
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MAINTAINED WATER QUALITY
TREATMENT SWALE NOT TO BE
MODIFIED WITHOUT PERMISSION
FROM THE CITY OF ENCINITAS
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MAINTAINED STORM
DRAIN SYSTEM
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PROJECT SITE
APN: 260-43-20, 76, 78
W W MAINTAINED BIORETENTION BASIN
W W NOT TO BE MODIFIED WITHOUT
W W W PERMISSION FROM THE CITY OF
ENCINITAS.
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W E
0 80 160
S SCALE. 1"=10'
PLSA 2382
EXHIBIT `C'
Minimum Maintenance Requirements
and Maintenance Procedure for Stormwater 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.
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PR-1 Page 2 of 11
January 12, 2017
PR-1
Biofiltration with Partial Retention
SUMMARY OF STANDARD INSPECTION AND MAINTENANCE FOR PR-1 BIOFILTRATION WITH PARTIAL RETENTION
The property owner is responsible to ensure inspection,operation and maintenance of permanent BMPs on their property unless responsibility has been formally transferred to
an agency,community facilities district,homeowners association,property owners association,or other special district.
Maintenance frequencies listed in this table are average/typical frequencies.Actual maintenance needs are site-specific,and maintenance may be required more frequently.
Maintenance must be performed whenever needed,based on maintenance indicators presented in this table.The BMP owner is responsible for conducting regular inspections
to see when maintenance is needed based on the maintenance indicators.During the first year of operation of a structural BMP,inspection is recommended at least once prior
to August 31 and then monthly from September through May.Inspection during a storm event is also recommended.After the initial period of frequent inspections,the
minimum inspection and maintenance frequency can be determined based on the results of the first year inspections.
Threshold/Indicator Maintenance Action Typical Maintenance Frequency
Accumulation of sediment,litter,or debris Remove and properly dispose of accumulated materials, . Inspect monthly. If the BMP is 25% full* or more in
without damage to the vegetation or compaction of the one month, increase inspection frequency to monthly
media layer. plus after every 0.1-inch or larger storm event.
• Remove any accumulated materials found at each
inspection.
Obstructed inlet or outlet structure Clear blockage. • Inspect monthly and after every 0.5-inch or larger
storm event.
• Remove any accumulated materials found at each
inspection.
Damage to structural components such as weirs,inlet or Repair or replace as applicable. • Inspect annually.
outlet structures • Maintenance when needed.
Poor vegetation-establishment Re-seed, re-plant, or re-establish vegetation per original • Inspect monthly.
plans. • Maintenance when needed.
Dead or diseased vegetation Remove dead or diseased vegetation, re-seed, re-plant, • Inspect monthly.
or re-establish vegetation per original plans. . Maintenance when needed.
Overgrown vegetation Mow or trim as appropriate. • Inspect monthly.
• Maintenance when needed.
2/3 of mulch has decomposed, or mulch has been Remove decomposed fraction and top off with fresh • Inspect monthly.
removed mulch to a total depth of 3 inches. • Replenish mulch annually, or more frequently when
needed based on inspection..
*"25%full"is defined as 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 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
invasive vegetation, clearing underdrains, or inspection frequency to after every 0.1-inch or larger
Surface ponding longer than 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.mosguito.org/biology water. • Maintenance when needed.
If mosquitos persist following corrective measures to
remove standing water, or if the BMP design does not
meet the 96-hour drawdown criteria due to release
rates controlled by an orifice installed on the
underdrain, the [City Engineer] shall be contacted to
determine a solution.A different BMP type, or a Vector
Management Plan prepared with concurrence from the
County of San Diego Department of Environmental
Health,may be required.
Underdrain clogged Clear blockage. • Inspect if standing water is observed for longer than
24-96 hours following a storm event.
• Maintenance when needed.
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Biofiltration with Partial Retention .
References
American Mosquito.Control Association.
http://www.mosquito.org/
California Storm Water Quality Association (CASQA). 2003. Municipal BMP Handbook.
https://www.casga.org/resources/bmP-handbooks/municipal-bmp-handbook
County of San Diego. 2014. Low Impact Development Handbook.
http://www.sandiegocounty.gov/content/sdc/dpw/watersheds/susmp/lid.html
San Diego County Copermittees.2016. Model BMP Design Manual,Appendix E, Fact Sheet PR-1.
http://www.pro"ectcleanwater.org/index php?option=com content&view=article&id=250<emid=220
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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 PR-1 BIOFILTRATION WITH PARTIAL RETENTION PAGE 1 of 5
Threshold/Indicator Maintenance Recommendation Date Description of Maintenance Conducted
Accumulation of sediment,litter,or debris ❑ Remove and properly dispose of
Maintenance Needed? accumulated materials,without damage
to_the vegetation
❑YES
El If sediment,litter,or debris accumulation
E] 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
❑YES ❑Other/Comments:
❑ NO
❑ N/A
*"25%full"is defined as%of the depth from the design bottom elevation to the crest of the outflow.structure(e.g.,if the height to the outflow opening is 12 inches from the
bottom elevation,then the materials must be removed when there is 3 inches of accumulation—this should be marked on the outflow structure).
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Date: Inspector: BMP ID No.:
Permit No.: APN(s):
INSPECTION AND MAINTENANCE CHECKLIST FOR PR-1 BIOFILTRATION WITH PARTIAL RETENTION PAGE 2 of 5
Threshold/Indicator Maintenance Recommendation Date Description of Maintenance Conducted
Dead or diseased vegetation ❑ Remove dead or diseased vegetation,re-
Maintenance Needed? seed,re-plant,or re-establish vegetation
per original plans
❑YES
❑ 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
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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 controkblankets,
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:
4
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Biofiltration with Partial Retention
Date: Inspector: BMP 10-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
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Biofiltration with Partial Retention
Date: Inspector: BMP ID No.:
Permit No.: APN(s):
INSPECTION AND MAINTENANCE CHECKLIST FOR PR-1 BIOFILTRATION WITH PARTIAL RETENTION PAGE 5 of 5
Threshold/Indicator Maintenance Recommendation Date Description of Maintenance Conducted
Standing water in BMP for longer than 24 hours ❑ Make appropriate corrective measures such
following a storm event* as adjusting irrigation system,removing
Surface ponding longer than approximately 24 obstructions of debris or invasive
hours following a storm event may be vegetation,clearing underdrains,or
detrimental to vegetation health repairing/replacing clogged or compacted
soils
Maintenance Needed?
❑ Other/Comments:
❑YES
❑ NO
❑ N/A
Presence of mosquitos/larvae ❑Apply corrective measures to remove
standing water in BMP when standing
For images of egg rafts, larva, pupa, and adult water occurs for longer than 24-96 hours
mosquitos,see following a storm event.**
http://www.mosguito.org/bioloev
❑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
a.
with concurrence from the County of San Diego Department of Environmental Health,may be required.
PR-1 Page 11 of 11
" January 12, 2017