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2021-500053 ♦ 4 l r DOC# 2021-0500053 � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Jul 13, 2021 12:38 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 AGREEMENT FOR MAINTENANCE OF PRIVATE STORMWATER TREATMENT, STORMWATER POLLUTION CONTROL, AND HYDROMODIFICATION MANAGEMENT FACILITIES BY AGENT OF COMMERCIAL FACILITY APN: 256-330-62 Project No.: 15-172 CDP Grading Plan: 14129-G THIS AGREEMENT is between the City of Encinitas, a municipal corporation, hereinafter referred to as the "City", and LF ENCINITAS PROPERTIES LLC, a California Limited Liability Company, 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, stormwater 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. 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 J 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 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. 1 ii) The Owner shall provide upkeep and repair to preserve the Stormwater Facilities in good working order and shall repair all deficiencies identified in the Owner's inspections no later than 30 days following the inspection or prior to the next anticipated rain event. Interim water quality control measures shall be utilized to protect damaged or deficient Stormwater Facilities during any storm event until such time as the Facilities are restored to good working order. The minimum upkeep and repair frequency shall be consistent with the Exhibit "C" but not less than once per year. To the satisfaction of the Director of Engineering Services, the Owner shall ensure that the Stormwater Facilities are in proper working order for the rainy season, which starts on October 1. iii) The Owner shall obtain the City of Encinitas Stormwater Inspection Report form from the City website or the City of Encinitas Civic Center, complete the inspection report form, and submit the inspection report to the City of Encinitas 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 Plan Number 14129-G which is on file as a permanent public record in the City of Encinitas. 4. The cost and expense of the Maintenance of the Stormwater Facilities shall be paid by the Owner. The owner is responsible to include necessary provisions in the lease agreement with any present and future tenants that cover the costs of all Stormwater Facilities Maintenance. 5. In the event the Property is subdivided in future, the owners, heirs, assigns, and successors in interest of each such newly created parcel(s) shall be liable under this Agreement for their then pro rata share of expenses reflecting such newly created parcels. 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 Agreement be construed to impose any such obligation on the City. 15. The terms of this Agreement may be amended in writing following the Owner request and upon written approval by the City Engineer. 16. This Agreement shall be governed by the laws of the State of California. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity, and enforceability of the remaining provisions shall not be affected thereby. IN WITNESS HEREOF, the Parties have executed this Agreement. a�� I ZozO ig or LF Encinitas Properties, LLC. Date Q-A.MES s. f��}r Print Name Title Signature of OWNER must be notarized. Attach the appropriate acknowledgement. CITY OF ENCINITAS: E ward J. Wi r Date City Enginee Developmen ervices Department City of Encini s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 5 1189 �, �asea A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California 1 County of 12-6 t7 J} / On aL4l0 1( before me, Date Here Insert Name and Title of th Officer personally appeared J>gMEs Sr FPkL6L) Name(s)of Signer(s) 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 UURA L.DIEDE laws of the State of California that the foregoing _ Notary Public-CaflfWia , paragraph is true and correct San Diego County i commission 01141411 WITNESS my hand and official seal. My Comm.Expires Jun 23,2022 s Signature Place Notary Seal and/or Stamp Above Signature Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General O Individual ❑ Attorney in Fact ❑ Individual El Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator o Other: ❑ Other: Signer is Representing: Signer is Representing: ©2017 National Notary Association 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 S�' ti* ? SS. On —Z.OZ 0 , before me, Am��0, Simon , Notary Public, DATE r ` personally appeared yDLA-Y0 f8 �T, W 'M'e-r who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is/ re subscribed tot within instrument and acknow d to me that he he)they executed the same iuhi erytheir authorized capacity(ies), and that by hi /he eir signature(s) on the instrument the person s), or the entity upon behalf of which the @�%iy ANGELA A. SIMION person(s) acted, executed the instrument. COMIC#2182396 N 'e NOTWK SAIo"00C""U"Tf N I certify under PENALTY OF PERJURY under the °YC01N u° W° 2'201 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CY' 7"e1 PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'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 PERSONS)OR ENTITYHES I THUMBPRINT - OF e SIGNER APAOI2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM C2005-2017 VALLEY-SIERRA INSURANCE EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY FOR STORM WATER FACILITIES PARCEL 1 THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST OF THE SAN BERNARDINO MERIDIAN IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE. EXCEPT THEREFROM THAT PORTION LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER AS SHOWN ON RECORD OF SURVEY MAP NO. 8734, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DISTANT SOUTH 89°18'41" EAST 299.77 FEET FROM THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 2°18'00" EAST 715.02 FEET; THENCE NORTH 89°18'41" WEST 204.63 FEET; THENCE NORTH 2°56'40" EAST 427.78 FEET; THENCE NORTH 6041'28" WEST 159.55 FEET TO THE NORTHERLY LINE OF SAID NORTHWEST QUARTER. ALSO, EXCEPT THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER, AS SHOWN ON RECORD OF SURVEY MAP NO.8734, FILED IN THE OFFICE OFTHE COUNTY RECORDER OF SAID COUNTY;THENCE ALONG THE SOUTHERLY LINE OF SAID NORTHEAST QUARTER SOUTH 89-30-45" EAST 434.84 FEET;THENCE LEAVING SAID SOUTHERLY LINE NORTH O1014'27" EAST 374.60 FEET; THENCE SOUTH88°45'33" EAST20.83 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 18.00 FEET; THENCE EASTERLY, NORTHEASTERLY,AND NORTHERLY ALONG SAID CURVE A DISTANCE OF 26.21 FEET THROUGH A CENTRAL ANGLE OF 83°25'32'; THENCE NORTH 07048'55" EAST 71.82 FEET;THENCE NORTH 02°34'46" WEST 149.20 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCENORTHEASTERLY ALONG SAID CURVE A DISTANCE OF 12.46 FEET THROUGH A CENTRAL ANGLE OF 47035'50';THENCE NORTH 45°01'04" EAST 42.28 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 40.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE A DISTANCE OF 23.91 FEET THROUGH A CENTRAL ANGLE OF 34014'32'; THENCE NORTH 10046'32" EAST 59.51 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUSOF 75.00 FEET;THENCE NORTHWESTERLY ALONG SAID CURVE A DISTANCE OF 71.75 FEET THROUGH A CENTRAL ANGLE OF 54048'58" TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 23.00 FEET, A RADIAL LINE THROUGH SAID BEGINNINGOF REVERSE CURVE BEARS NORTH 45057'34" EAST;THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE A DISTANCE OF 18.70 FEET THROUGH A CENTRAL ANGLE OF 46'35'18'; THENCE NORTH 02032'52" EAST 247.86 FEET; THENCE NORTH 88040'40" WEST 496.65 FEET TO THE WESTERLY LINE OF SAID NORTHEAST QUARTER;THENCE ALONG SAIDWESTERLY LINE SOUTHOI°35'42"WEST 1069.22 FEET TO THE POINT OF BEGINNING. SQD LAND SUR O No.7665 I /' f0 CALl7� EXHIBIT "&1" N885949W 1451.47' 1J76.48' 75.00' 3 - N °s��`F,. � Iis U * No.7655 (I N88'40'400W 496.65' I �IIV r' CAL>g0�fi N0232521E 247.86' sR 0 200 400 N C5 C4 I N8978'411W SCALE: 1" = 200' 204.6J' N10'46ME 59.51' N45D1'040E 42.28' C3 ��°�6�� C2 QPa-. 256-330d62 z I NEW PHO9VIX AORA I BMP 1 N023446W /49.20' GRfDVN01/SfAREA =1350 N0748'550E 71.82 I o Cl NEW GREENHOUSE ,4 N88'45'JJ'W 10.8J' 8 F CURVE TABLE I N 0 o z a NO. DELTA RADIUS LENGTH Cl 8J25'J2" 18.00' 26.11' I LL z ,W C2 47J550" 15.00' 12.46' � CJ J474J2" 40.00' 23.91' I w C4 54 48'S8" 75 00' 71.75' 1-� G5 4635Y8" 2J.00' 1870' rnz 4J4.84' 92580' w N8930'457W 1J60.64' N89784/W 299.77' x NOTE BEARINGS AND DISTANCES SHOWN HEREON PER LOT LINE ADAMMENT N0. 99-276 i;u; „ / , DROUGHT PER v / i ,: • WTH STEEL CRATE / ,// TG / MULCH I \\p\\rr\r/r ............. I 1 . :Or/\�rro//\\//orr\\rrorr\�r/or/�r/r ��)1 ���1 ��� •. . 1 ���1 / \,'o/%rr\\rr\\�OO .. •ir///rp/i4rrGgrr/ 11=11=11=11=11=1_I=11=11=11=11=11=11=11= I� 1=11=11=11=11=11=11=11=11=11=11=11=11=11=11=1i=11==11=11=11= \r`` ♦0o\\O\\oOOOO�\000000000.-II-II-II-II-II-II-II-II-II-II-II-II-II-:11= 11=11=11=11=11-II-II-11=11=11=11=11=II-11=11=11=1=11=11=11= \\\\\\\\\\\\\\ `r`/i`<\/<\ \io/r\`//o/r0400o0\`400o/r\\4o40�`/r\`/ro4,�a1�i II 11 II 1 II 11 II 11 II 11 II 11 Ilcll II 1 II�I II�I II :II II = I II�I II I�11�I II�I II�I II�I II Ala ` =..�L.�-�.��..�.�>`r/;i\\/r\\//ri AA\r:`i[`./i0/r`//`\4����i���i�i�i�����i • i�i �_i�i���i�i•�i �i�iai�' , / COURSE ON THIS SHEET B10—FIL I / , BASIN / IMPERMEABLE I / ; LINER DETAIL ND S / / : I / I' BA&N SHALL BE LE0 ® •• 1 SEE / . DETAIL TO LEFT DIA. PERFORAISUB-DRAIN SLOPEPIPE (SCHEDULE 40) 0 ti SIM 187187114" GALVANIZED MIN 6- (TYP) BOLT AND NUT SIELZ PLATE NTH �. O, . ! / �. /. [_ i' /MEMBR MIL /R SOIL LNGINETR PERFORA 7FJ9 SUB-DRAIN PIPE z EN IERING INTO CATCH BA 9 • HOLE DRILLED 7HROb / / CONTROL ORIFICE PL / TE EXHIBIT"C" MINIMUM MAINTENANCE REQUIREMENTS FOR STORM WATER FACILITIES Maintenance of the on-site storm water facilities is the responsibility of the property owner and shall be maintained to the satisfaction of the City of Encinitas into perpetuity. The site consists of the following storm water facilities: one bio-filtration with impermeable liner basin for treatment and flow control; storm drain pipe and catch basin. Please refer to the attached BF-1 Biofiltration BMP Maintenance Fact Sheet for minimum maintenance requirements for BUT 1. vxm spy,` O P No.7665 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 it January 12, 2017 BF-1 BioNtration 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 Y.of the depth from the design bottom elevation to the crest of the outflow structure(e.g.,if the height to the outflow opening is 12 inches from the bottom elevation,then the materials must be removed when there is 3 inches of accumulation—this should be marked on the outflow structure). BF-1 Page 3 of 11 January 12, 2017 BF-1 Biofiltration SUMMARY OF STANDARD INSPECTION AND MAINTENANCE FOR BF-1 BIOFIITRATION(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 a invasive vegetation, clearing underdrains, or inspection frequency to after every 0.1-inch or larger Surface po storm longer than approximately hours repairing/replacing clogged or compacted soils. storm event. following a storm event may be detrimental tal 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/biolog 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,maybe required. Underdrain clogged Clear blockage. • Inspect if standing water is observed for longer than 24-96 hours following a storm event. • Maintenance when needed. BF-1 Page 4 of it January 12, 2017 BF-1 Biofiltration References American Mosquito Control Association. htto://www.mosquito.orp California Storm Water Quality Association(CASQA).2003. Municipal BMP Handbook. https•//www caspa ore/resources/bmp-handbooks/municipal-bmo-handbook County of San Diego.2014. Low Impact Development Handbook. http//www sandiegocounty gov/content/sdc/di)w/watersheds/susmi)/Iid html San Diego County Copermittees. 2016. Model BMP Design Manual,Appendix E, Fact Sheet BF-1. http://www.pro'ectcleanwater.org/index.phi3?optlon=com content&view=article&id=250&ltemid=220 BF-1 Page 5 of 11 January 12, 2017 BF-1 Biofiltration Page Intentionally Blank for Double-Sided Printing BF-1 Page 6 of 11 January 12, 2017 BF-1 Biofiltration 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 ❑YES ❑Other/Comments: ❑ NO ❑ N/A *"25%full"is defined as Y of the depth from the design bottom elevation to the crest of the outflow structure(e.g.,if the height to the outflow opening is 12 inches from the bottom elevation,then the materials must be removed when there is 3 inches of accumulation—this should be marked on the outflow structure). BF-1 Page 7 of 11 January 12, 2017 BF-1 Biofiltration Date: Inspector: BMP ID No.: Permit No.: APN(s): INSPECTION AND MAINTENANCE CHECKLIST FOR BF-1 BIOFILTRATION PAGE 2 of 5 Threshold/Indicator Maintenance Recommendation Date Description of Maintenance Conducted Dead or diseased vegetation ❑ Remove dead or diseased vegetation,re- Maintenance Needed? seed,re-plant,or re-establish vegetation per original plans ❑YES ❑ Other/Comments: ❑ NO ❑ N/A Overgrown vegetation ❑ Mow or trim as appropriate Maintenance Needed? ❑ Other/Comments: ❑YES ❑ NO ❑ N/A 2/3 of mulch has.decomposed, or mulch has ❑ Remove decomposed fraction and top off been removed with fresh mulch to a total depth of 3 Maintenance Needed? inches ❑YES ❑Other/Comments: ❑ NO ❑ N/A BF-1 Page 8 of 11 January 12, 2017 BF-1 Biofiltration 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 O YES ❑ Other/Comments: ❑ NO ❑ N/A Erosion due to concentrated storm water runoff ❑ Repair/re-seed/re-plant eroded areas, flow and make appropriate corrective Maintenance Needed? measures such as adding erosion control blankets,adding stone at flow ❑YES entry points,or minor re-grading to ❑ NO restore proper drainage according to ❑ N/A the original plan ❑ If the issue is not corrected by restoring the BMP to the original plan and grade, the[City Engineer]shall be contacted prior to any additional repairs or reconstruction ❑Other/Comments: BF-1 Page 9 of 11 January 12, 2017 BF-1 Biofiltration Date: Inspector: BMP ID No.: Permit No.: APN(s): INSPECTION AND MAINTENANCE CHECKLIST FOR BF-1 BIOFILTRATION PAGE 4 of 5 Threshold/Indicator Maintenance Recommendation Date Description of Maintenance Conducted Obstructed inlet or outlet structure ❑ Clear blockage Maintenance Needed? ❑ Other/Comments: ❑YES ❑ NO EJ N/A Underdrain clogged (inspect underdrain if ❑ Clear blockage standing water is observed for longer than 24-96 hours following a storm event) ❑ Other/Comments: Maintenance Needed? ❑YES ❑ NO ❑ N/A Damage to structural components such as weirs, ❑ Repair or replace as applicable inlet or outlet structures ❑ Other/Comments: Maintenance Needed? ❑YES ❑ NO ❑ N/A BF-1 Page 10 of 11 January 12, 2017 BF-1 Biofiltration Date: Inspector: BMP ID No.: _ Permit No.: APN(s): INSPECTION AND MAINTENANCE CHECKLIST FOR BF-1 BIOFILTRATION PAGE 5 of 5 Threshold/indicator Maintenance Recommendation Date 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, Surface ponding longer than approximately 24 removing obstructions of debris or hours following a storm event may be invasive vegetation,clearing detrimental to vegetation health underdrains,or repairing/replacing clogged or compacted soils Maintenance Needed? ❑Other/Comments: ❑YES ❑ NO ❑ N/A Presence of mosquitos/larvae ❑Apply corrective measures to remove standing water in BMP when standing For images of egg rafts, larva, pupa, and adult water occurs for longer than 24-96 mosquitos,see hours following a storm event." http;//www.mosouito.org/bioloey ❑Other/Comments: Maintenance Needed? ❑YES ❑ NO ❑ N/A `Surface ponding longer than approximately 24 hours following a storm event may be detrimental to vegetation health,and surface ponding longer than approximately 96 hours following a storm event poses a risk of vector(mosquito)breeding.Poor drainage can result from clogging of the media layer,filter course,aggregate storage layer,underdrain, or outlet structure.The specific cause of the drainage issue must be determined and corrected. ""If mosquitos persist following corrective measures to remove standing water, or if the BMP design does not meet the 96-hour drawdown criteria due to release rates controlled by an orifice installed on the underdrain,the[City Engineer]shall be contacted to determine a solution.A different BMP type,or a Vector Management Plan prepared with concurrence from the County of San Diego Department of Environmental Health,may be required. BF-1 Page 11 of 11 January 12, 2017