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HomeMy WebLinkAbout2008 CON Private Storm Water Agreement - APN 564-250-12 - Jackson Pendo Cypress Avenue LPRecording Requested By: City Engineer When Recorded Mail to: City Clerk City of National City 1243 National City Blvd. National City. CA 91950 DOG # 2008-0100523 �II�IllI 111 �1111 IIIII IIII� JIII� IIIII �1111 ����� ����� IIIII ����� ���� �111 FEB 27, 2008 1:23 PM ) ) ) ) ) SPACE ABOVE FOR RECORDER'S I;SF; ONLY OFFICIAL RECORDS SAN DIFGO GfHNTY RECORDER'S OFFICE GREGORY,I. SMITH, COUNTY RECORDER FEES: 86 00 PAGES: 16 11111111111111111111111111111111111111111111111111111 PRIVATE STORM WATER BEST MANANGEMENI' PRACTICES (BMPs) MAINTENANCE AGREEMENT Sub -Division Assessor's Parcel No. 5(04 - 25o - (2- Project No.: W.O.No.: S-ZmS-Za THIS AGREEMENT for the periodic maintenance and repair of Private Permanent Storm Water Best Management Practices (Private Permanent Storm Water BMPs) (hereinafter referred to as the "BMPs-), is made by and between the City Of National City, a municipality and JAc,c ot.1 f rLDo e { .sue AN94ue, t-R (hereinafter referred to as "Developer") for the benefit of future owners who will use the BMPs, which shall also include the Developer to the extent the Developer retains any ownership interest in any land covered by this agreement, (hereinafter referred to as "owners"). WHEREAS, this Agreement is required as a condition of approval by the City of National City of a subdivision project as defined in Section 21065 of the Public Resources code and pursuant to City of National City Municipal Code Chapter 14.22 and Ordinance No. 2002-2213 for Standard Urban Storm Water Mitigation Plan (SUSMP); and WHEREAS, Developer is the owner of certain real property described on the site map. Exhibit "A", attached hereto, that will use and enjoy the benefit of said BMPs incidental to its development; and WHEREAS, establishment of the BMPs is a condition of developing the property; and WHEREAS. there exists a benefit to the public when the BMPs are adequately maintained on a regular and periodic basis; and WHEREAS, it is the desire of the Developer that said BMPs shall be maintained in a sale and usable condition by the owners; and WHEREAS, it is the desire of the Developer to conduct the periodic maintenance and repair of said BMPs and for the apportionment of the expense of such maintenance and repair among existing and future owners; and WIIER? AS, BMPs have been separately described in the Maintenance & Operation (M & 0) Plan, Exhibit "B", attached hereto and made a part hereof (hereinafter referred to as the "plan"), consistent with Drawing Number(s) q6m-D m g538-D, copies of which are on Tile in the office of the City Engineer. VJI-IEREAS, it is the intention of the Developer that this Agreement shall constitute a covenant running with the land, and shall be binding upon each successive owner of all or any portion of the property. NOW THEREFORE. IT IS HEREBY AGREED AS FY)I,I,OWS: 1. The Developer will submit to the City an annual maintenance report verifying the maintenance and efficient operation of said BMPs. 2. The Developer will maintain operation and maintenance records for at least five (5) years. These records shall be made available to the City for inspection upon request at any time. 3. The property is benefited by this Agreement, and present and successive owners of all or any portion of the property are now and shall be hereafter expressly bound by the maintenance agreement for the benefit of the land. 4. The cost of maintaining the installed BMPs shall be paid by the owner or the heirs, assigns and successors in interest of each such owner, proportional to their respective interest. 5. In the event any of the herein described parcels of land on the property are further subdivided, the owners, heirs. assigns and successors in interest of each 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 their proportionate interest in such newly created parcels. 6. The maintenance to be performed upon the BMPs under this Agreement on the property shall be as set forth in the Plan, Exhibit "I3". Owner shall conduct any repair that is necessary to adequately maintain said BMPS in a functional condition in accordance with their intended purpose. Repairs under this Agreement shall include, but is not limited to, repairing access roadbeds, repairing and maintaining drainage structures, removing debris, and other work reasonably necessary and proper to repair and preserve the BMPs for their intended purposes. 7. If there is a covenant. agreement, or other obligation imposed as a condition of the development on the property. the obligation to repair and maintain the BMPs, as herein set forth shall commence when the improvements have been completed and approved by the City. 8. Any extraordinary repair required to correct damage to said BMPs that results from action taken or contracted for by the owners or their successors in interest shall he paid for by the party taking action or party contracting for work which caused the necessity for the extraordinary repair. The repair shall restore the BMPs to the condition and proper storm water functioning existing prior to said damage. 9. Any liability of the owners for personal injury as a result of or arising out of repairs and maintenance under this Agreement shall be borne by the owners in proportion to their respective interest in the property. Owners shall be responsible for maintaining their own insurance. This Agreement is not intended to provide for any sharing or assumption of liability with respect to personal injury or property damage other than that attributable to the repairs and maintenance undertaken under this Agreement. 10. Owners shall jointly and severally defend, indemnity and hold harmless the City 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 tees arising out of or in any way related to the use of, repair or maintenance of, or the failure to repair or maintain the BMPs, or its failure to comply with the terms of this Agreement. 11. Nothing in this Agreement, the specifications or other contract documents or the City's review and approval of the plans and specifications or inspection of the work or maintenance related to the BMPs is intended to constitute an acknowledgement of a responsibility or liability for any such matter, and the City and each of its officials, directors, officers, employees and agents, shall have no responsibility or liability in connection with their reviews or approvals. 12. This instrument shall be recorded and the obligation hereby created shall constitute a covenant running with the land, and each 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 this agreement, including without limitation, the right of any person entitled to enforce the terms of this Agreement to institute legal action as provided in Paragraph 8 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. 13. The terms of this Agreement may be amended in writing upon majority approval of the owners of the land described in Exhibit "A" and with the consent of the City Council. 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. 15. If the Property constitutes a "Common Interest Development" as defined in California Civil Codc Section 1351(c) which will include membership in or ownership of an "Association" as defined in California Civil ('ode Section 1351(a), anything in this Agreement to the contrary notwithstanding, the following provisions shall apply during such time as (i) the Property is encumbered by a "Declaration" (as defined in California Civil Codc Section 1351(h), and (ii) the Common Arca of the property (including the BMPs) is managed and controlled by an Association: (a) The Association, through its Board of Directors, shall repair and maintain the I3MPs. The Association, on behalf of the owners, shall not be relieved of this duty except by amendment to the Declaration, and shall receive no compensation for performing such duties. The costs of maintenance and repair shall be assessed against each owner proportional to his/her subdivision interest in the Property pursuant to the Declaration. The assessments shall be deposited in the Association's corporate account. (b) The provisions in the Declaration which provide for assessment liens in favor of the Association and enforcement thereof shall supersede Paragraph 10 of the Agreement in its entirety, and the Association shall assume the duty to defend, indemnify and hold harmless the City described in paragraph 10. No individual owners shall have the right or duty to alter. maintain or repair any of the Common Area (as defined in California Civil Code Section 1351(h) in the Property except as may be allowed by the Declaration. (c) This Agreement shall not be interpreted in any manner, to reduce or limit the Association's rights and duties pursuant to its Bylaws and Declaration. 16. Should the Developer, the Owners, an Association, or any of their successors, heirs or assigns fail to comply with their repair and maintenance obligation under this Agreement, the ('ity Of National City shall have the right, but not the duty, to perform such repair and maintenance, and shall he entitled to recover the full cost of such repair from the party having such repair and maintenance obligation. 4 IN WITNESS WHEREOF, the parties have executed this Agreement This eg/STAI day of FE uAbe.c1 20 Dr. Developer: JArck_soM poN1po etypAss A..ENue, L.P. (Print name:) Rrwod 'D t.eP N4 t-- ce›.~`( (Ts 6,Es4e3241/4-1.- Et-l2A$eT}- ..J meson% (Print name:) Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement. ACKNOWLEDGMENT State of California County of lJ ^ `D �v ) On t ,g �00 before me, Ccl.A0 t . I �C�C�� 1\kftta P091( (insert name and title 6f the officdr) personally appeared �� (%(.I�CX�' 1 , JQ�.LS�� who proved to me on the basis of satisfactory evidence to be the personjs) whose name(s) is/are subscribed to the within instrument and acknowledged to me that be/she/Wey executed the same in Ms/her/their authorized capacity(ies), and that by Nether/their signature(..on the instrument the person(s} or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signat COmmles oe f 1768776 N6118p Nibble - CaNlomlo No Mfg. Counly EXHIBIT "A" LEGAL DESCRIPTION Lots 1 through 6 of NATIONAL CITY TRACT NO. 2005-10, in the City of National City, County of San Diego, State of California, according to Map thereof No. 15510, filed in the office of the County Recorder of San Diego County, January 30, 2007. • - r- 91.90 Gr • Y .Y PLO 2 94.301T 93.55 PAD EN WAY PLAN J6 97.55 r? 96.90 PAD 96.70 GE 5 PLAN 2P 103.10 F 162.35 PO 98.50 GI e► tT •tN EX�ti 104.6G GF MITIGATION MEASURES TO PROTECT WATER QUALITY Pollution Prevention BMPs (MEP Based) - The pollution prevention BMPs fall into two categories: BMPs in effect during the construction activity and BMPs to be maintained in perpetuity post -construction. 1. Construction BMPs - The following BMPs are selected as being appropriate for this specific site (from Construction Activity, Best Management Practices Handbook, Stormwater Quality Task Force, March 1993): 1.1. ESC 1 - Scheduling: This activity provides for the sequencing of construction activities to reduce the amount and duration of soil exposed to erosion by wind, rain, runoff and vehicle tracking. 1.2. ESC 10 - Seeding and Planting: Normally done at the conclusion of site disturbance to become a permanent BMP, seeding and planting of grasses, shrubs, trees and/or ground covers provides long-term stabilization of soil. 1.3. ESC 11 - Mulching: Mulching is used to temporarily or permanently stabilize cleared or freshly seeded areas. Hydro seed is an example of seed and mulch being placed at the same time. Hydro seed is expected to be used to mitigate surface soil disturbance occurring in the process of placing septic fields. 1.4. ESC 20 - Geotextiles and Mats: Matting made of natural or synthetic materials may be used to temporarily stabilize slope areas and shallow swales. 1.5. ESC 21 - Dust Control: Dust control measures are used to stabilize soil from wind erosion, and reduce dust generated by construction activities. Periodic watering will address these issues. 1.6. ESC 23 - Construction Road Stabilization: Access roads, parking areas, and other onsite vehicle transportation routes should be stabilized immediately after grading and frequently maintained to prevent erosion and control dust. 1.7. ESC 24 - Stabilized Construction Entrance: A stabilized pad of aggregate underlain with filter cloth located at the point where traffic will enter or leave the construction site will significantly reduce the amount of sediment tracked off -site. 1.8. ESC 30 - Earth Dike: The temporary earth dike shall be used to channel drainage from the graded pads to temporary sediment traps (see ESC55). 1.9. ESC 31 - Drains and Swales: Temporary drains and swales shall be used to divert runoff around the construction site, to divert runoff from stabilized areas around disturbed areas and to direct runoff into sediment traps. EXHIBIT "B" 1 1.10. ESC 32 - Slope Drain: A pipe or channel shall be used to drain the top of a slope to a stable discharge point at the bottom of the slope without causing erosion. 1.11. ESC 50 - Silt Fence: A silt fence that detains sediment -laden water shall be used at the down slope Limits of site disturbance to promote sedimentation behind the fence, while releasing the water. 1.12. ESC 52 - Gravel Bag Barrier: Stacking gravel bags along a level contour creates a barrier, which detains sediment -laden water, ponding water upstream of the barrier and promoting sedimentation. 1.13. ESC 54 - Storm Drain Inlet Protection: Devices of various designs which detain sediment -laden runoff and allow the sediment to settle prior to discharge into a storm drain inlet or catch basin. 1.14. ESC 55 - Sediment Trap: Sediment traps shall be used to settle out sediment from runoff leaving the site. 1.15. CA 2 - Paving Operations: Prevent or reduce the discharge of pollutants from paving operations, using measures to prevent run-on and runoff pollution, properly disposing of wastes and training employees and subcontractors. 1.16. CA 3 - Structure Construction and Painting: Prevent or reduce the discharge of pollutants to storm water from structure construction and painting by enclosing or covering or berming building material storage areas, using good housekeeping practices, using safer alternative products and training employees and subcontractors. 1.17. CA 10 - Material Storage and Delivery: Prevent or reduce the discharge of pollutants to storm water from material delivery and storage by minimizing the storage of hazardous materials on -site, storing materials in a designated area, installing secondary containment, conducting regular inspections and training employees and subcontractors. 1.18. CA 11 - Material Use: Prevent or reduce the discharge of pollutants to storm water from material by using alternative products, minimizing hazardous material use on -site and training employees and subcontractors. 1.19. CA 12 - Spill Prevention and Control: Prevent or reduce the discharge of pollutants to storm water from leaks and spills by reducing the chance for spills, stopping the source of spills, containing and cleaning up spills, properly disposing of spill materials and training employees and subcontractors. 1.20. CA 20 - Solid Waste Management: Prevent or reduce the discharge of pollutants to storm water from solid or construction waste by conducting EXHIBIT "B" 2 washout off -site, performing on -site washout in a designated area and training employees and subcontractors. 1.21. CA 24 - Sanitary Waste Management: Prevent or reduce the discharge of pollutants to storm water from sanitary waste by providing convenient, well -maintained facilities and arranging for regular service and disposal. 1.22. CA 31 - Vehicle and Equipment Fueling: Prevent or reduce the discharge of pollutants to storm water by using off -site facilities, fueling in designated areas only, enclosing or covering stored fuel, implementing spill controls and training employees and subcontractors. 1.23. CA 40 - Employee/Subcontractor Training: Employee/subcontractor training, like maintenance or a piece of equipment, is not so much a best management practice as it is a method by which to implement BMPs. The responsibility of implementing the above BMPs and the responsibility of maintaining them during the construction activity shall reside with the licensed contractor who is responsible for the overall project construction management. In the event the owner chooses to be the project manager, the responsibility will reside with the owner. 2. Post -Construct -ion BMPs - Pollutants of concern as noted below will be addressed through three types of BMPs. These types of BMPs are site design, source control and treatment control. The maintenance responsibility for the post -construction project resides with the owner of the project after they take possession of the property from the contractor. In consideration of the specifics that relate to the subject property, the following are the potential pollutants and how they will be treated in the final design: 2.1. Sediments - Proposed slopes shall be planted and irrigated. Driveways and road shall be swept periodically. Catch basin filter inserts shall be utilized in the adjoining project and a strip bio-filter shall be installed. 2.2. Nutrients - Fertilizers shall be applied according to all federal, state and local regulations. Slope and landscape areas shall be monitored and maintained to reduce bare soil areas. 2.3. Heavy Metals - The driveways and road shall be the only place expected to find metals. The only metals expected to be present would be from automobile fuel and break linings. Driveways and road shall be swept periodically. Catch basin filter inserts shall be utilized in the catch basin at EXHIBIT "B" 3 the southwest corner of the private road and in the adjoining project and a strip bio-filter shall be installed. 2.4. Organic Compounds - Pesticides shall be applied according to all federal, state and local regulations. The use shall be kept to a minimum and used only when absolutely necessary. All trash containers shall have attached lids. Driveways shall be swept periodically. Catch basin filter inserts shall be utilized in the catch basin at the southwest corner of the private road and in the adjoining project and a strip bio-filter shall be installed. 2.5. Oxygen Demanding Substances - See trash & debris above. 2.6. Oil & Grease - The driveways and road shall be the only place expected to find oil & grease. The only oils and greases expected to be present would be from automobiles. Driveways and road shall be swept periodically. Catch basin filter inserts shall be utilized in the catch basin at the southwest comer of the private road and in the adjoining project and a strip bio-filter shall be installed. 2.7. Bacteria & Viruses - All trash containers shall have attached lids. Driveways shall be swept periodically. Visible surface trash shall be picked up on a weekly basis. Pet waste shall be disposed of properly in the trash containers. Catch basin filter inserts shall be utilized in the catch basin at the southwest corner of the private road and in the adjoining project and a strip bio-filter shall be installed. 2.8. Pesticides - Pesticides shall be applied according to all federal, state and local regulations. The use shall be kept to a minimum and used only when absolutely necessary. The sections below shall suggest the appropriate BMPs to be used to treat the above pollutants of concern: 2.9. Site Design BMPs - The existing site has been previously disturbed and consists of one structure that will be removed, non-native vegetation and dirt driveways. There are no natural or environmentally sensitive areas to preserve. The pre -development flow is sheet flow so there are no natural drainages to be preserved. The driveways and private roads were designed to meet the minimum acceptable widths for public safety. The developer has chosen to construct two-story residences to reduce the size of the impervious rooftops creating a smaller footprint. It is anticipated that there will be an additional 18,000 square feet of impervious surfaces after development of the lot. This includes rooftops for house and garage, driveways, concrete sidewalks, patios and private roads. Landscaping of the slopes and bare soil areas will be incorporated into the project with drought tolerant vegetation. Ditches will be installed at the top of all major slopes to protect them from EXHIBIT "B" 4 erosion along with the vegetation. The developer shall install and the homeowner's association shall maintain landscaping in all common areas and the front yards of all homesites. The landscaping will consist of drought tolerant landscaping. This groundcover shall prevent the transfer of sediment from the site. The landscaping in the rear yards will be up to the individual property owners, but the developer will recommend the installation of drought tolerant native plant species. The drought tolerant native groundcover provides an effective manner to control sediment and other constituents. The goal is to achieve vegetative cover over slope and non - impervious surface areas to reduce erosion and sediment transportation. The irrigation system for the landscape areas shall be monitored and maintained to reduce over and/or under irrigation. The grading plans do not show the proposed landscaping in the front yards or for the slopes. A separate landscape and irrigation plan was processed and approved by the City of National City for this project and is on file at the City. These plans address the landscaping of slopes to prevent erosion. It also should be noted that the grading plan (Sheet 6) has notes, which covers temporary erosion control measures for slopes until permanent planting of the slopes can be implemented. 2.10. Source Control BMPs - Source control BMPs shall consist of measures to prevent runoff pollution. The following BMPs are selected as being appropriate for this specific site and project: 2.10.1. CA 10 - Material Storage and Delivery: Prevent or reduce the discharge of pollutants to storm water from material delivery and storage by minimizing the storage of hazardous materials on -site, storing materials in a designated area, installing secondary containment, conducting regular inspections and training employees, subcontractors and/or homeowners. 2.10.1.1. Target Pollutants - Nutrients, Organic Compounds, Trash & Debris, Oxygen Demanding Substances and Pesticides 2.10.2. CA 11 - Material Use: Prevent or reduce the discharge of pollutants to storm water from material by using alternative products, minimizing hazardous material use on -site and training employees, subcontractors and/ or homeowners. 2.10.2.1. Target Pollutants - Nutrients, Organic Compounds, Trash & Debris, Oxygen Demanding Substances and Pesticides 2.10.3. CA 12 - Spill Prevention and Control: Prevent or reduce the discharge of pollutants to storm water from leaks and spills by reducing the chance EXHIBIT "B" 5 for spills, stopping the source of spills, containing and cleaning up spills, properly disposing of spill materials and training employees, subcontractors and/or homeowners. 2.10.3.1. Target Pollutants - Sediments, Nutrients, Organic Compounds, Heavy Oil & Grease and Pesticides 2.10.4. CA 20 - Solid Waste Management: Prevent or reduce the discharge of pollutants to storm water from solid or construction waste by conducting washout off -site, performing on -site washout in a designated area and training employees, subcontractors and/ or homeowners. 2.10.4.1. Target Pollutants - Sediments, Organic Compounds, Trash & Debris and Oxygen Demanding Substances 2.10.5. CA 40 - Employee/Subcontractor Training: Employee, subcontractor or homeowner training, like maintenance or a piece of equipment, is not so much a best management practice as it is a method by which to implement BMPs. Homeowners will be provided with a pamphlet such as the one prepared by THINK BLUE as part of their homeownership package to provide tips to improve water quality runoff. 2.10.5.1. Target Pollutants - All of the above In addition, storm drain inlets shall be stenciled with a message warning citizens not to dump pollutants into drains and the developer will recommend that rain shut-off devices be installed by homeowners if they choose to install automatic sprinkler systems. 2.11. Treatment Control BMPs - After stabilization of the construction site, there will be an on -going maintenance of the project site. The expected removal efficiency is taken from the County of San Diego Storm Water Standards Manual (Ordinance No. 9426) Attachment G-3, Enhanced Treatment Control BMP Selection Matrix. This table suggests the treatment efficiency of the treatment control for each type of pollutant. The following listed BMPs installed during the construction period shall be kept in operation in perpetuity: 2.11.1. ESC 31 - Drains and Swales: Drainage from pads shall be routed through vegetated swales or re-establishing sheet flow at the edge of the pads after the runoff has flowed through drought tolerant landscaping; all methods shall be installed to reduce runoff velocities to a non -erosive manner. 2.11.1.1. Target Pollutants (Expected Removal Efficiency) - Sediment (medium). EXHIBIT "B" 6 2.11.2. TC 4 - Biofilters: A strip biofilter treats sheet flow and is located in all rear and side yard areas around the residences with the installation of drought tolerant landscaping by the homeowners. This treatment method removes the pollutants below from the runoff of impervious surfaces prior to the water getting into the catch basins. 2.11.2.1. Target Pollutants (Expected Removal Efficiency) - Sediment (medium), Nutrients (low), Trash & Debris (low), Oxygen Demanding Substances (low), Oil & Grease (medium) and Pesticides (unknown) 2.11.3. TC 6 - Media Filtration: Catch basin filter inserts shall be installed in the proposed curb inlet. This treatment BMP is located within the private road, which puts it at the closest point to the pollutant source so maximum treatment can be obtained from the filter. The filters have been designed to treat significantly more than the minimum required. 2.11.3.1. Target Pollutants (Expected Removal Efficiency) - Sediment (low), Nutrients (low), Heavy Metals (low), Organic Compounds (low), Trash & Debris (medium), Oxygen Demanding Substances (low), Oil & Grease (low) and Pesticides (low) MAINTENANCE STORM WATER MANAGEMENT PROGRAM 3. Maintenance Responsibility - The maintenance responsibility during the construction activity shall reside with the licensed contractor who is responsible for overall project construction management. In the event the owner chooses to be the project manager, the responsibility will reside with the owner. The maintenance responsibility for the operating project (post -construction) resides with the individual property owners and the homeowners association. The property owners and homeowners association shall be responsible for maintaining, monitoring and repairing BMPs during the life of the project. 4. Maintenance Activities per BMPs - Upon installation of the post -construction BMPs and the transition of ownership to the individual homeowners, the homeowners association shall assume responsibility for maintenance in accordance with the following: 4.1. All vegetated slopes shall be irrigated and maintained in a manner that provides for plant health and good coverage of slope areas. If erosion of the slope area becomes evident, then the maintenance activity shall include stabilization of the eroded area using matting or other acceptable methods. EXHIBIT "B" 7 (0 4.2. All landscaped areas shall be irrigated and maintained to promote plant health and good coverage. 4.3. Trash shall not be permitted to accumulate in such a way that storm runoff could transport the trash off -site. 4.4. All driveway and road surfaces and parking areas shall be kept clean by periodic sweeping. The frequency of sweeping shall be sufficient to prevent the accumulation of silt, debris or motor vehicle fluids, but not less than twice yearly. 4.5. In the event that trash or debris is generated as a result of site activity, the trash and/or debris shall be cleaned up within a 24-hour period. 4.6. Landscape pesticides, herbicides and fertilizers shall be used in accordance with applicable federal, state and local regulations. 4.7. Landscape waste shall be disposed of by use of a solid waste container or transported off -site to a solid waste recycling center. 4.8. Landscape irrigation run-off shall not be allowed. Irrigation controllers shall be regulated so that there is not significant landscape water run-off. 4.9. The storm drainage channels shall be cleaned at least once a year to remove accumulated sediment to the original grade of the channel. 4.10. Catch basin filter inserts shall be inspected and maintained by periodic inspection. The frequency of inspection shall be sufficient to prevent the accumulation of silt, sediment and debris, but not less than three system inspections, three cleanings and one change/disposal of filter media and oil absorbent pouches annually. In addition, the filter inserts should be inspected after each storm event and at the beginning of the wet season (October 1st) each year. EXHIBIT "B" 8