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HomeMy WebLinkAboutCT 04-01; Black Rail LLC; 2008-0127755; Maintenance Agreement\<\i „ RECORDED AT THE REQUEST OF CHICAGO TITLE COMffcNY SUBDIVISION DEPT.Recording Requested by: City Engineer When Recorded Mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 9570 SPACE ABO DOC# 2008-0127755 MAR 11, 2008 3:40 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 63.00 PAGES: 19 Private Maintenance Agreement for Private Landscaping, Reclaimed Water, and Best Management Practices Implementation Assessor's Parcel No's: 215-040-05 Project No. CT 04-01 This Agreement for the periodic maintenance, inspection, and repair of that certain private landscaping, reclaimed water facilities, and Best Management Practices ("BMP") implementation, hereinafter referred to as Privately Maintained Facilities ("PMFs"), the legal description and/or plat of which is set forth in Exhibit "C" attached hereto and made a part hereof, is entered into by BlackRail LLC (hereinafter referred to as "Developer") for the benefit of all future Owners, which shall include the Developer to the extent the Developer retain any ownership interest in any land covered by this Agreement. Whereas, Developer is the owner of certain real property as described in Exhibit "A" that will use and enjoy the benefit of said PMF(s), said real property hereinafter referred to as the "property"; and Whereas, this Agreement is required by the City if Carlsbad ("City") as a condition of approval of a development project, specifically CT 04-01, Condition No. 13, as authorized by Carlsbad Municipal Code Chapter 20.20, section 20.20.010; and Whereas, it is the intention of the Developer that private maintenance be performed for the PMFs, and desire of the Developer to establish a method for the periodic maintenance and repair of said PMFs and for the apportionment of the costs and expenses of such maintenance and repair equally among all the Lots and paid by the Lot Owner; and Whereas, it is the intention of the Developer to establish an Agent as set forth under Section 7 below to be the single point of contact with the City of Carlsbad; and Whereas, there exists a benefit to the public that the PMF's be adequately maintained on a regular and periodic basis in compliance with the Exhibit "B", City of Carlsbad Municipal Code, and other related City and State codes and policies in effect during the future operations; and Whereas, it is the intention of the Developer that this Agreement constitute a covenant running with the land, binding upon each successive owners of all or any portion of the property; 9571 NOW THEREFORE, IT IS HEREBY AGREED FOR VALUABLE CONSIDERATION AS FOLLOWS: 1. The property is benefited by this Agreement, and present and successive owners of all or any portion of the property are expressly bound hereby for the benefit of the land. 2. The PMF's shall be constructed and maintained by the Owner, its successors and assigns, in accordance with the plans and specifications approved by the City. 3. Privately Maintained Facilities (PMF's) do not include any facilities dedicated to the Public. Public facilities are to be publicly maintained unless otherwise specified. 4. The costs and expenses of maintaining the PMFs shall be divided equally among all of the Lots and paid by the Lot Owner. 5. In the event any of the herein described parcels of land are subdivided further, the owners, heirs, assigns, and successors in interest of each such newly created parcel shall be liable under this Agreement for their then pro rata share of expenses and such pro rata shares of expenses shall be computed to reflect such newly created parcels. 6. The repairs and maintenance to be performed under this Agreement shall include reasonable improvements and maintenance work to adequately maintain said PMF's in proper working order as determined by applicable City policies and requirements. The maintenance shall include, but shall not be limited to, any Best Management Practice (BMP), landscape maintenance areas, tree trimming, reclaimed irrigation, debris removal, and perpetually maintaining adequate ground cover and/or other erosion control measures within the private property in order to prevent sedimentation. The PMF's shall be maintained regularly as necessary to keep the facilities in proper working order, with the minimum maintenance frequency as outlined on Exhibit "B". 1. The Agent shall be appointed and paid by the property owners. The Agent shall be responsible and obligated to ensure the ongoing maintenance of the PMF's. The Agent shall obtain bids from qualified and licensed contractors, accept the lowest responsible bid, and initiate the private maintenance. Under no circumstances shall any contract or agreement for service(s) to be provided as outlined in this document, and any additional repairs or services to be provided as outlined in subsequent attachments hereto, be terminated by the Board or its Agent unless a replacement maintenance contract or agreement has already been executed. The Agent representing the homeowners shall be responsible for ensuring proper execution of the provisions of all maintenance contracts and/or agreements, and subsequent timely payments for said services. It is agreed that the Developer is initially the 9572 Agent to contract, oversee, and do all acts necessary to accomplish the repairs and maintenance required and/or authorized under this Agreement. 8. In performing his duties, the Agent, as he/she anticipates the need for funds, shall notify the parties and each party shall within forty-five (45) days pay the Agent, who shall maintain a trustee account and also maintain accurate accounting records which are to be available for inspection by any party or authorized Agent upon reasonable request. All such records shall be retained by the Agent for a period of five years. Should any lot owner fail to pay the pro rata share of costs and expenses as provided in this Agreement, then the Agent or any lot owner or owners shall be entitled without further notice to institute legal action for the collection of funds advanced on behalf of such lot owner in accordance with the provisions of California Civil Code Section 845, and shall be entitled to recover in such action in addition to the funds advanced, interest thereon at the current prime rate of interest, until paid, all costs and disbursements of such action, including but not limited to, such sum or sums as the Court may fix as and for reasonable attorneys' fees. 9. If there is a covenant, agreement, or other obligation for the construction of improvements imposed as a condition of the development, the obligation to repair and maintain the PMF's as herein set forth shall commence when improvements have been completed and approved by the City. 10. Any extraordinary repair required to correct damage to said PMF's that results from action taken or contracted for by the owners or their successors in interest shall be paid for by the party taking action or party contracting for work which caused the necessity for the extraordinary repair. The repair shall be such as to restore the PMF's to the condition existing prior to said damage. 11. Any liability of the owners for personal injury to an Agent hereunder, or to any worker employed to make repairs or provide maintenance under this Agreement, or to third persons, as well as any liability of the owners for damage to the property of Agent, or any such worker, or of any third persons, as a result of or arising out of repairs and maintenance under this Agreement, shall be borne by the owners as they bear the costs and expenses of such repairs and maintenance. Owners shall be responsible for and maintain their own insurance, if any. By this Agreement, the Developer does not intend to provide for the sharing of liability with respect to personal injury or property damage other than that attributable to the repairs and maintenance undertaken under this Agreement. 12. Owners shall jointly and severally defend and 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 the Agent hereunder or to any owner, any contractor, any subcontractor, any user of the PMF's, or to any other third persons arising out of or in any way related to the use of, repair or maintenance of, or the failure to repair or maintain the PMF's. 9573 13. Nothing in the Agreement, the specifications, other contract documents, City's approval of the plans and specifications, or City's inspection of the work is intended to include a review inspection acknowledgement of a responsibility for any such matter, and City, City's engineer, its consultants, and each of its officials, directors, officers, employees and Agents, shall have no responsibility or liability therefore. 14. The Owner, its successors or assigns, hereby grants permission to the City and its authorized Agents and employees, to enter upon the Property and to inspect the PMF's upon reasonable notice whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The City shall provide the Owners with written notice of deficiencies, setting forth with particularity the maintenance which the city finds to be required and requesting the same be carried out by the Owners within a period of thirty (30) days from the giving of such notice. 15. In the event the Owner(s) fail to maintain the PMFs in good working condition acceptable to the City, its City's agents or its contractors may enter upon the property and take the steps necessary to correct deficiencies identified by the City - and to charge the costs of such repairs to the Owner. In the event that pursuant to this Agreement, the City performs work of any nature, or expends any funds in the enforcement of these obligations and/or the performance of said work for labor, use of equipment, supplies, materials, and the like, the Owner shall reimburse the City upon written demand within thirty (30) days of receipt thereof, for all actual costs incurred by the City hereunder. If said funds are not paid in a timely manner, City reserves the right to file an assessment lien on the real property with the County Recorder of the County of San Diego. It is expressly understood and agreed that the City is under no obligation to maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. 16. 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 and any subsequent purchaser of all or any portion thereof, by acceptance of delivery of a deed and/or conveyance regardless of form, shall be deemed to have consented to and become 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 9 thereof, 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. 17. The terms of this Agreement may be amended in writing upon majority approval of the owners and written notification of approval by the City. 18. 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 9574 invalid by any court of competent jurisdiction, the validity, and enforceability of the remaining provisions shall not be affected thereby. 19. This Agreement shall not be interpreted in any manner, which reduces or limits the Agent's/ Owner' rights and duties as set forth in this document. 20. It is understood and agreed that the covenants herein contained shall be binding on the heirs, executors, administrators, successors, and assignees of each of the owners. 21. The foregoing covenants shall run with the land and shall be deemed to be for the benefit of the land of the owners and each and every person who shall at anytime own all or any portion of the property referred to herein. IN WITNESS WHEREOF, the parties have executed this Agreement This &#*- day of , 2007. BlackRail LLC, Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement. CALIFORNIA ALL-PURPOSE 9575 CERTIFICATE OF ACKNOWLEDGMENT state of County of On (V\QH git before me, personally appeared KulU DCUTl /a(here insert nam/and title of the office j) u ce j) Pu(?l » personally known to me (or 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. WITNESS my hand and official seal. Signature of Notary Public (Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages ffl Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer D DnQ' (Title) Partner(s) Attorney-in-Fact Trustee(s) 'Other |fVV£yV\lQ(J^ INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to he recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity oj the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •J» Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. <• Indicate title or type of attached document, number of pages and date. •J* Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CAPA vl2.10.05 CO by Association of Professional Notaries & CSA KOO-873-9865 www.notaryclasses.com 9576 EXHIBIT "A" Legal Description: 3. The land referred to in this report is situated in the State of California, County of SAN DIEGO and is described as follows: PARCEL 1: (APN 215-040-05} THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER THE WESTERLY 20 FEET OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. 9577 EXHIBIT "B' Maintenance Type Storm Water Best Management Practices Drainage Facilities Trimming of Tree(s) and/or any common areas Maintenance, inspection and repair (monthly) of landscaping and reclaimed irrigation sprinkler system for common landscaped areas Minimum Required Frequency Per Storm Water Management Plan Annually Not less than once every five years Monthly 9578 EXHIBIT "C" Description or Plat of Privately Maintained Facilities 9579 9580 Storm Water Post Construction Best Management Practices and Drainage Facilities Section 5.02 Post-construction BMPs Pollutants of concern as noted in Section 4 will be addressed through three types of BMPs. These types of BMPs are site design, source control and treatment control. 5-02.1 Site Design BMPs The project is designed to minimize the use of impervious areas. Streets and building pad areas have been designed to meet the minimum City Standard widths and driveways will be constructed of pervious interlocking concrete pavers. Streets, where allowed by the City, will be designed using the livable streets guidelines. All slopes will be landscaped and protected from storm runoff by directing flows away from the tops of slopes. The landscaping will consist of both native and non-native plants. The goal is to achieve plant establishment expeditiously to reduce erosion. The irrigation system for these landscaped areas will be monitored to reduce over irrigation. 5.02.2 Source Control BMPs Source control BMPs will consist of measures to prevent polluted runoff. This program will include an educational component directed at each homeowner. The homeowners will receive a set of brochures developed by the County's Environmental Health Department These will include the following: Storm water Runoff Pollution Fact Sheet Storm water Runoff Pollution Prevention Tips for Homeowners. Storm water Pollution Prevention Yard Work (Landscaping, Gardening, Pest Control). Storm water Pollution Prevention Pet Waste. Storm water BMP Swimming Pool and Spa Cleaning. 5.02.3 Treatment Control BMPs The following treatment control BMPs will be implemented to address water quality: • Vegetated swales Placements of the BMPs are noted on the Project Site Plan (Attachment B). 5.023(1) Vegetated (Bio-Filtration) Swales Vegetated swales are plant lined channels that receive directed flow and convey storm water. A schematic illustration of vegetated swale is shown in Figure 5.1. 9581 111,i?| % fe *3 a: -ii CO $ 3 ^g 25 *•— *sT ^ ^S >-5: K. ^S^c s. f*** ^^Vj Q"" fe fcr =c ^§a Si to K ^S 9582 Storm Wafer Management nan (SWMP) Yamamoto Property, CT 04-01 Engineering -4.-/A//M •6" FREEBOARD *\ ^^=" ^•^ DESIGh FLOW DEPTH- WATER QUA .ITY FLOW DEPTH- Winru L ^ •NGINEEREO CHECK DAM (50'oc) 6" TOPSOIL OVER NATIVE-SECTION No SCALE Rgure 5-1 -Vegetated Swale Pollutants are removed by filtration through the grass, sedimentation, adsorption to soil particles, and infiltration through the soil. Swales are mainly effective at removing debris and solid particles, although some dissolved constituents are removed by adsorption onto the soil. February 28,200 A ZAMLB Prefects \County of Sen DtegoNDS-sdCMO - CKHOI YAMAMOTOVM SWMP.doc Page 11 9583 vs Storm Water Management Han (SWMP) P Yamamoto Property, CT 04-01 Engineering 5.02.3 (i)(a) Appropriate Applications and Siting Constraints: Swales and strips should be considered wherever site conditions and climate allow vegetation to be established and where flow velocities are not high enough to cause scour. Even where strips cannot be sited to accept directed sheet flow, vegetated areas provide treatment of rainfall and reduce the overall impervious surface. FACTORS AFFECTING PRELIMINARY DESIGN: Swales have two design goals: 1) maximize treatment, 2) provide adequate hydraulic function for flood routing, adequate drainage and scour prevention. Treatment is maximized by designing the flow of water through the swale to be as shallow and long as site constraints allow. No minimum dimensions are required for treatment purposes, as this could exclude swales from consideration at some sites. Swales should also be sized as a conveyance system calculated according to County procedures for flood routing and scour. To maximize treatment efficiency, strips should be designed to be as long (in the direction of flow) and as flat as the site will allow. No minimum lengths or maximum slopes are required for treatment purposes. The area to be used for the strip should be free of gullies or rills that can concentrate overland flow and cause erosion. Vegetation mixes appropriate for various climates and locations will be developed by District landscape staff. Table 3.3.1 summarizes preliminary design factors for bio- filtration. Section 6. Operation and Maintenance Program The operation and maintenance requirements for each type of BMP is as follows: Section 6.01 Vegetated Swales The operational and maintenance needs of a Swale are: • Vegetation management to maintain adequate hydraulic functioning and to limit habitat for disease-carrying animals. • Animal and vector control. • Periodic sediment removal to optimize performance. • Trash, debris, grass trimmings, tree pruning, and leaf collection and removal to prevent obstruction of a Swale and monitoring equipment. F«bmary28,2006 Page 12 Z:\MLB Projects \County of Son DiegoVK-xXMO- CTO4-O1 YAMAMOTOVM SWMP.doc «7 O O 41 $tofm w<jter Management nan (SWMP) Yamamoto Property, CT 04-01 Engineering • Removal of standing water, which may contribute to the development of aquatic plant communities or mosquito breeding areas. • Preventive maintenance on sampling, flow measurement, and associated BMP equipment and structures. • Erosion and structural maintenance to prevent the loss of soil and maintain the performance of the Swale. 6.01.1 Inspection frequency The facility will be inspected and inspection visits will be completely documented: • Once a month at a minimum. • After every large storm (after every storm monitored or those storms with more than 0.50 inch of precipitation.) • On a weekly basis during extended periods of wet weather. 6.01.2 Aesthetic and Functional Maintenance Aesthetic maintenance is important for public acceptance of stormwater facilities. Functional maintenance is important for performance and safety reasons. Both forms of maintenance will be combined into an overall Stormwater Management System Maintenance. 6.01.2(i) Aesthetic Maintenance The following activities will be included in the aesthetic maintenance program: • Grass Trimming. Trimming of grass will be done on the Swale, around fences, at the inlet and outlet structures, and sampling structures. • Weed Control. Weeds will be removed through mechanical means. Herbicide will not be used because these chemicals may impact the water quality monitoring. 6.01.2(11) Functional Maintenance Functional maintenance has two components: }. Preventive maintenance 2. Corrective maintenance 6.01.2 (ii)(a) Preventive Maintenance Preventive maintenance activities to be instituted at a Swale are: • Grass Mowing. Vegetation seed mix within the Swale is designed to be kept short to maintain adequate hydraulic functioning and to limit the development of faunal habitats. • Trash and Debris. During each inspection and maintenance visit to the site, debris and trash removal will be conducted to reduce the potential for inlet and outlet February 28,2006 Page 13 Z.-XML8 Prefects \County of Son Dtego\Q5-sd040- CTO4-01 YAMAMOTOMM SWMP.doc 9585 Storm Wafer Management nan {5WMPJ Yamamoto Property, CT 04-01 Engineering structures and other components from becoming clogged and inoperable during storm events. • Sediment Removal. Sediment accumulation, as part of the operation and maintenance program at a Swale, will be monitored once a month during the dry season, after every large storm (0.50 inch), and monthly during the wet season. Specifically, if sediment reaches a level at or near plant height, or could interfere with flow or operation, the sediment will be removed. If accumulation of debris or sediment is determined to be the cause of decline in design performance, prompt action (i.e., within ten working days) will be taken to restore the Swale to design performance standards. Actions will include using additional fill and vegetation and/or removing accumulated sediment to correct channeling or ponding. Characterization and Appropriate disposal of sediment will comply with applicable local, county, state, or federal requirements. The swale will be regraded, if the flow gradient has changed, and then replanted with sod. • Removal of Standing Water. Standing water must be removed if it contributes to the development of aquatic plant communities or mosquito breeding areas. • Mechanical and Electronic Components. Regularly scheduled maintenance will be performed on fences, gates, locks, and sampling and monitoring equipment in accordance with the manufacturers' recommendations. Electronic and mechanical components will be operated during each maintenance inspection to assure continued performance. • Fertilization and Irrigation. The vegetation seed mix has been designed so that fertilization and irrigation is not necessary. Fertilizers and irrigation will not be used to maintain the vegetation. • Elimination of Mosquito Breeding Habitats. The most effective mosquito control program is one that eliminates potential breeding habitats. 6.01.2 (iQ(b) Corrective Maintenance Corrective maintenance is required on an emergency or non-routine basis to correct problems and to restore the intended operation and safe function of a Swale. Corrective maintenance activities include: • Removal of Debris and Sediment. Sediment, debris, and trash, which impede the hydraulic functioning of a Swale and prevent vegetative growth, will be removed and properly disposed. Temporary arrangements wBI be made for handling the sediments until a permanent arrangement is made. Vegetation will be re- established after sediment removal. • Structural Repays. Once deemed necessary, repairs to structural components of a Swale and its inlet and outlet structures will be done within 10 working days. Qualified individuals (i.e., the designers or contractors) will conduct repairs where structural damage has occurred. February 28,2006 Page 14 ZAMLB Projects\Cciunty oT Son DiegoV»-sd(MO-Cn>«)l YAMAMOTOX1M SWMP.doc 9586 Tjx Storm Wafer Management Plan (SWMP) lP Yamamoto Property. CT 04-01 Engineering • Embankment and Slope Repairs. Once deemed necessary, damage to the embankments and slopes of Swales will be repaired within 10 working days). • Erosion Repair. Where a reseeding program has been ineffective, or where other factors have created erosive conditions (i.e., pedestrian traffic, concentrated flow, etc.), corrective steps will be taken to prevent loss of soil and any subsequent danger to the performance of a Swale. There are a number of corrective actions than can be taken. These include erosion control blankets, rip-rap, sodding, or reduced flow through the area. Designers or contractors will be consulted to address erosion problems if the solution is not evident. • Fence Repair. Repair of fences will be done within 30 days to maintain the security of the site. • Elimination of Animal Burrows. Animal burrows will be filled and steps taken to remove the animals if burrowing problems continue to occur (filling and compacting). If the problem persists, vector control specialists will be consulted regarding removal steps. This consulting is necessary as the threat of rabies in some areas may necessitate the animals being destroyed rather than relocated. If the BMP performance is affected, abatement wll begin. Otherwise, abatement will be performed annually in September. • General FacBity Maintenance. In addition to the above elements of corrective maintenance, general corrective maintenance will address the overall facility and its associated components. If corrective maintenance is being done to one component, other components will be inspected to see if maintenance is needed. 6.01.3 Maintenance Frequency The maintenance indicator document, included as Appendix B, lists the schedule of maintenance activities to be implemented at a Swale. • After every large storm (after every storm monitored or those storms with more than 0.50 inch of precipitation). • On a weekly basis during extended periods of wet weather. • On a monthly basis during the non-rainy season or periods of dry weather. 6.07.4 Debris and Sediment Disposal Waste generated at Swales is ultimately the responsibility of the property owner. Disposal of sediment, debris, and trash will comply with applicable local, county, state, and federal waste control programs. February 28,2006 Page 15 ZAMLB Prefects \County of Son DfegoYK-sdCMO - CT04-01 YAM AMOTOXTM SWMP.dcc 9587 Storm Wafer Management nan (SWMP) Yamamoto Property, CT04-07 Engineering Section 7. Mechanisms to Assure Maintenance This section is intended to provide information regarding the ability of the owner/developer to ensure the construction and maintenance of post-construction BMPs. Section 7.01 Stormwater Ordinance Requirement: The County of San Diego Watershed Protection, Storm water Management, and Discharge Control Ordinance (S.O.) requires this ongoing maintenance. In the event that the mechanisms below prove ineffective, or in addition to enforcing those mechanisms, civil action, criminal action or administrative citation could also be pursued for violations of the ordinance. Section 7.02 Public Nuisance Abatement: Under the S.O. failure to maintain a BMP would constitute a public nuisance, which may be abated under the Uniform Public Nuisance Abatement Procedure. This provides an enforcement mechanism additional to the above, and would allow costs of maintenance to be billed to the owner, a lien placed on the property, and the tax collection process to be used. Section 7.03 Notice to Purchasers. Section 67.819 (e) of the SO requires developers to provide clear written notification to persons acquiring land upon which a BMP is located, or others assuming a BMP maintenance obligation, of the maintenance duty. Section 7.04 Subdivision Public Report Tentative Map and Tentative Parcel Map approvals wfll be conditioned to require that, prior to approval of a Rnal or Parcel Map, the subdivider shall provide evidence to the Director of Public Works, that the subdivider has requested the California • Department of Real Estate to include in the public report to be issued for the sales of lots within the subdivision, a notification regarding the maintenance requirement. (The requirement for this condition would not be applicable to subdivisions which are exempt from regulation under the Subdivided Lands Act, or for which no public report will be issued.) February 28,2006 Page 16 Z:\MLB Projects \CounV of SOT Dtego\OS-sdCWO-CTO*O1 VAMAMOTO\TMSWMP.doc 9588' v\ Storm Wafer /Management Ptan (SWMP) v Yamamoto Property, CT 04-01 Engineering Section 7.05 Funding: None Required. Section 8. Summary Conclusions This SWMP has been prepared in accordance with the Watershed Protection, Storm water Management, and Discharge Control Ordinance and the Storm water Standards Manual. This SWMP has evaluated and addressed the potential pollutants associated with this project and their effects on water quality. A summary ot the facts and findings associated with this project and the measures addressed by this SWMP is as follows: • The beneficial uses for the receiving waters have been identified. None of these beneficial uses will be impaired or diminish due to the construction and operation of this project. • The Yamamoto Property Subdivision project will not significantly alter drainage patterns on the site. The discharge points will not be changed and gravel check dams will be placed to attenuate the flow velocities. Thus preventing downstream erosion. • Open areas and slopes will be landscaped to reduce or eliminate sediment discharge. • The vegetated swales proposed as part of the project will provide some mitigation of the increased peak flows by detaining flows, reducing the velocities, and providing opportunities for infiltration. • The proposed construction and post-construction BMPs address mitigation measures to protect water quality and protection of water quality objectives and beneficial uses to the maximum extent practicable. February 28,2006 Page 17 ZAMLB Projects\Counly of Son CXegoYJS-sdCMO- CTO4-01 YAMAMOTOXIM SWMP.doc