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2022-394471Recording Requested By: City Engineer DOC# 2022-0394471 lillll IIIII IIIII IIIII Ilfl IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Oct 10, 2022 04:20 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr,, SAN DIEGO COUNTY RECORDER FEES: $156.00 (SB2 Atkins: $75.00) When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE PAGES: 24 MAINTENANCE AGREEMENT FOR PRIVATE STORMWATER TREATMENT AND STORMWATER POLLUTION CONTROL AND HYDROMODIFICATION MANAGEMENT FACILITIES BY HOMEOWNER APN: 264-091-38 Address: 3400 Jasmine Crest Planning Case #: NIA Grading Plan: LDEV-014898-2021 THIS AGREEMENT is between the City of Encinitas, a municipal corporation, hereinafter referred to as the "City", and Zachary Johnson and Hannah K. Johnson, as Trustees of the Johnson Family Trust UTD March 14 2013, 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, 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 Exhibits "B-1 ", "B-2", "B-3", and "B-4" which are attached hereto and made a part hereof. WHEREAS, this Agreement is required by the City as a 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 WHEREAS, the Property benefits and uses the Stormwater Facilities, which are described in Exhibits "B-1 ", "B-2", "B-3", and "13-4"; and WHEREAS, it is the desire of the City and the responsibility of the Owner 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 WHEREAS, it is the intention of the Owner and the City 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's 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 1J) through 1.iii). 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 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 I 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 12 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 terms and conditions of this agreement and the plans and specifications identified in approved Grading Plan Number LDEV-014898- 2021 which is on file as a permanent public record in the City of Encinitas. 4) The cost and expense of Maintenance of the Stormwater Facilities shall be paid by the Owner. 5) In the event the Property is subdivided in the 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) Any liability of the Owner for personal injury to any worker employed to provide Maintenance under this Agreement, or to third persons, as well as any liability of the Owner 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. 8) Owner shall jointly and severally defend, indemnify, and hold harmless the 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 for 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. 9) 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. 10)The Owner shall provide access to the Stormwater Facilities within the Property to 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. 11)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. 12)ln the event the Owner fails to maintain 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 in full. 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 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 maintain or repair said Stormwater Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. 13)The terms of this Agreement may be amended in writing following Owner's request and upon written approval by the City Engineer. 14)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: T2usT E-c.s AFT+-10 ioFir-irsor-1 f's>;Y,i" 1Q-\:, u-rP nn'I -I I LJ, 7_013 Z Johnso Hannah K. Jbhrls6n , Date T Date Signature of OWNER must be notarized. Attach the appropriate acknowledgement. CITY OF ENCINITAS: 8 /z y / 2 0 az Uty T. Bankston Date Engineer Development Services Department City of Encinitas �D�car.fze.i1[7� "o—, CALIFORNIA ALL - lf"MfiLPOSE CERTIFICATE OF 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 o tthat document. State of California County of San Diego � Obefore me, C. Coapango Ortiz Notary Public , personally appeared Z����%r�/Y.d011✓ j�i�/2 �'O SO✓y who proved to me on the basis of satisfactory evidence to be the pprson(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. C. COAPANGO ORTIZ iNI T NESS my hand and official seal, � Commission No.2388104 = NOTARY PUBLIC - CALIFORNIA v SAN DIEGO COUNTY Comm== Expires December 2,, 2025 Notary Public Signature (rotary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM ' his %o •m complies mid; c.nTeW Cul jornia s16711(1e8 , egordirg note,), IVording aru DESCRIPTION OF THE A T T ,,CHED DOCUhrEf T 111noeded, should be completed and orrocJted to d7e document. ackno-wledcmen,s from other stales may be compleiedfor document's being sent ro that state so long os the mording does not )-equine the Califorrtio norm j, to vialwe Cclffo.r•nia notan, Ian, " { I file or desciiotion or atlached dp( ulent) s State and CDunty information must be the Siate and County )vh=rc the ducllment si.�ner(s) personally appeared before the notary public for acknowled=vent. -- — - Date of notarization -must, be the date that the signer(s) personally €ppeared w-hic' (Title or description of atlached docurrenl continued) n must also be the same dale th= ack,-,owledenent rs cornpreted. e The notary public must rint his or her name as it appears w! his or her P P thin „ \uril[)P.r Di Pa �s Docur �ni Dare ` �� -- co,:rmtssion followed by a comma and then your litle (notary public). Print the names) of dpDument siRner(s) Who perso,-:el'ly appear at he time o; _ notarization. CAPACIT-( CLAIMED BY THE SIGNER indicate the correct singular or plural forms by crossing off incorrect forms ' =-/she/:;:e ,- is /es) or circling the corrector,-„s. Failure to co,-ect , indicate this t i C Indivld.ual (s) nform 1} a ion may lead to rejectuon oroocument reco,-ding: - El Corporate Officer o Tte ,-rotary seal ir-pression must be clear and photographically reprDducible. Lt.pression rust not cover tent or lines. if seal impression smude=s, re -seal I IiIE) sufficient area pem its; otherwise complete a different, scknov,,ledRment form. -- ____.- - _ _-- ' S nau, �-or'the r.otar-v public --must -match--the signature on tt-le-ti t h-the-p`fce p E-Parrrzr(s) -_ y Ej Attorney -in -Fact U Trustee(s) ❑ Other Oi5 Version v,roev,l.NolaryClasses.corn 800-873-9865 the county clerk. Additional infor„-ration is not required but could help to e,-,sure acknowledament is not misused or etiached to a different document, Lndicate title or type of attached document, number of pages and data. L,dicate the capacity claimed by the signer. if the claimed capacity is a corporate officer, indicate the title (i.e. CEQ CF0: Secretary). Securel-y attach this document to the sig,-red document with a staple, CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 f San Diego } On Z- before me, C. Coapango Ortiz, Notary Public personally appeared�li/Vrg17' 1�p���,/ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrulTient 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. 1 certify under PENALTY OFF PERJURY under the laws of the Slate of California that the foregoing paragraph is true and correct. VO I NESS my hand and o ficiai seal. C. COAPANGO ORTIZ a Commission No.2388104 z l < NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY Commission Expires December 24, 2o25 Notary Public Signature (Notary Public Sea]) ADDITIONAL OPTIONAL INFORMATION RIPTICI� OF THE A T T;',CHED DOCUI0EN T (T ills or description of atiached document) mule—Crr description of eliached doCtlmenl coniinuedj r of Pages __ Document Date CAPACITY CLAIMED BY THE SIGNER individual (s) . . El Corporate Ofilcer ( I ifle) ❑ Attorney -in -Fact U Trustee(s) ❑ Other 2Gid Version v,inna.NolaryClasses.com B00-873-9863 1NS T RUCTIONS FOR COMPLETING THIS FORM l i7 s %orn7 complies with current Ccl ja'nio stolerles recording !torch, i rordil7g and ij needed, should be con;; lend Olid allach— ro the document: acl:r;o rledo!renrs f oil; other Stoles may be completed jot doeur77OMS bei77g Se171' ro rl7al Snore so long OS 117e Wrli'dh7g does r701 !'equrra 117e C0lif0JWic 170111n)+ ro •,�iolale Celifo.�•nia !ioraln� Imp. State and County informadon must be the State and County � hcr-e the document gner(s) personally appeared before the notary public for acknO'wledgment. Daie of notari-ation must be the date that the signer(s) personally appeared which must also be the same data the acknowdedment is co — The notary public must print his or her nam.. as it app-ears vithin his or h er cornniission followed by a comma and then ),our title (notary public), Print the nam e(s) of document 9gner(s) who personally appear at the time Of notarization.. Lidicate the correct siagular or plural forms by crossing oil incorrect forms he/sheAlie„ is /�: j or circling the correct forms. FP,:IuFa to co,-rectly indicate this information may lead io rejection Of document recording: - 0 The notary seal imps-essimn must be clear and photog.anhically reproducible. Ltipression must not cover t-eXi of lines. tf seal impression smudges_ re -seal, if a su ricient area permits, Other%Yise cpmplete a different acknoVaiedRm-ent form. Signaurz-ofihz pota!- public-must-match--ih sicnaturz or, file with lhe-o`fice 0- The county clerk. Additional information is not required but could help io -ensure this acknowledgment is not misused or attached to a different document, Lndicatz title of tyoz of attached doc'umznt, number of pages and data. indicate the capacity claimed by the signer. if the clainn—,ed capacity is a corporate Officer; indicate the. title (i.e. CEO, CFO; Secretary). Securely attach this document to the. signed document with a staple. EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Encinitas, County of San Diego, State of California, described as follows: PARCEL 1: LOT 15 OF ENCINITAS TRACT NO. 88-183, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12882, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 23, 1991. EXCEPTING THEREFROM ALL OIL RIGHTS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND RIGHTS TO ALL OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, TO ALL GEOTHERMAL HEAT AND TO ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY, "SUBSURFACE RESOURCES"); AND THE PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND TO PRODUCE, STORE AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE PROPERTY, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY, WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS WITHIN OR BEYOND THE EXTERIOR LIMITS OF THE PROPERTY, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, BUT WITHOUTTHE RIGHT TO DRILL, MINE, EXPLORE, OPERATE, PRODUCE, STORE OR REMOVE ANY OF THE SUBSURFACE RESOURCES THROUGH OR IN THE SURFACE OR THE UPPER FIVE HUNDRED FIFTY FEET (550') OF THE SUBSURFACE OF THE PROPERTY, AS RESERVED BY DEED RECORDED JANUARY 15, 1997 AS FILE NO. 1997-0019602 OF OFFICIAL RECORDS. PARCEL 2: A NONEXCLUSIVE EASEMENT OVER AND ACROSS LOTS 32 AND 33 OF ENCINITAS TRACT NO. 88-183, ACCORDING TO MAP THEREOF NO. 12882, FILED ON OCTOBER 23, 1991, IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER FOR ACCESS, INGRESS, EGRESS, ENCROACHMENT, MAINTENANCE, DRAINAGE, SUPPORT AND FOR OTHER PURPOSES, ALL AS DESCRIBED IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR WILDFLOWER ESTATES, RECORDED ON JUNE 3, 1993 AS INSTRUMENT NO. 93-350876 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. PARCEL 3: AN EASEMENT AND RIGHT OF WAY FOR PRIVATE ROAD PURPOSES AND APPURTENANCES THERETO, TO BE USED IN COMMON WITH OTHERS, OVER, ALONG AND ACROSS ALL OF WILDFLOWER DRIVE AS SHOWN AND DEDICATED ON CITY OF ENCINITAS TRACT NO. 88-183, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12882, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 23, 1991. APN: 264-091-38-00 2 -- �;�/may E \ � ! w 9« ol, Fr r ZZE 96 Zt aZJ�H�= O Cz- FR tS na rh jz* A '0 50, ��:�d Ob'�o P Fpp n51 1 aC� rri O r- C7 5-14 p Zt 4 �Z NZQ5 �Z JN.20-139 8-3-22 AMPO ENGINEERING, INC. R: (M) O-Gh`i60 FU (M) ff-OW D Q) IZQ R6 �tz tZ5 :5@ SR M9 �o � z�o I o z�o� rFl ow Zlb. 22f;R Q�Ulz�l ZA IF C14 C-4 i2 C-5 ; olio �S-21 S21 4 20- 139 8-3-22 AMPO iE mol P4 E E it I N [I, I N C. 97 MWXOVY RQAQ MEN DvawTg V QM4 R: (/W) M-WO FAX (7M) W-OW a tci _ w� \Nau 4� iz;4 ,?NS r O S o !x Qrl no 011 Lo © o, y o ZOE o izs� PR RM- -- to a O ::d 5T ;zi w JN. ' 20-139 8-3-22 AMPO ENGINEERING, INC. ill SUWY MQ SNIP 21$ D W K V MR la: (M) AW-M FAX tM) M-OW 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: three flow -through planters for treatment and flow control; stone drain pipe and catch basin. Please refer to the attached BF-1 Biofiltration BMP Maintenance Fact Sheet for minimum maintenance requirements for Basin 1, Basin 2 and Basin 3. t,� 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 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. 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