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