Guidelines for Preparing a. Project-Specific Water Quality Management Plan

Transcription

1 City of Hemet Public Works Department Engineering Division Guidelines for Preparing a Project-Specific Water Quality Management Plan For questions or more information contact: Linda Nixon Storm Water Program Coordinator City of Hemet 510 E. Florida Avenue Hemet, CA (951) FAX (951) lnixon@cityofhemet.org Date of Last Update: July 20, 2005

2 City of Hemet Public Works Department Engineering Division Guidelines for Preparing a Project-Specific Water Quality Management Plan Beginning January 1, 2005, applicants for new development and redevelopment projects described below shall be required to submit a project-specific Water Quality Management Plan (WQMP) to the City of Hemet prior to the first discretionary project approval or permit. A discretionary project is any project that requires approval by a jurisdiction s governing bodies (i.e., City Council, Planning Commission). Examples include tentative tract maps, parcel maps with land disturbing activity, conditional use permits, and discretionary grading permits where the project is not part of a master plan of development. Legal Authority A WQMP must be prepared, submitted and approved for development projects (as defined below) based on requirements contained in: 1. California Regional Water Quality Control Board Santa Ana Region Order No. R (NPDES NO. CAS ) Area-wide Urban Storm Water Runoff for areas of Riverside County within the Santa Ana Watershed. 2. California Regional Water Quality Control Board Santa Ana Region Order No. R Amending Order NO.01-34, NPDES NO. CAG618005, Watershed-wide Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with New Developments in the San Jacinto Watershed 3. City of Hemet Municipal Code Section et seq. Stormwater/Urban Runoff Management and Discharge Controls Purpose of the WQMP The purpose of the Water Quality Management Plan is to reduce the potential for discharge of pollutants into urban runoff from development projects in the City of Hemet using a strategy that combines reducing/eliminating sources of pollutants, managing site runoff volumes and flow rates such that they are similar to preconstruction levels, and treating runoff as appropriate. Revised June 29, 2005 Page 2

3 Projects Requiring a WQMP Significant Redevelopment 1. The addition or creation of 5,000 or more square feet of impervious surface on an existing developed site. Includes, but is not limited to: Construction of additional buildings and/or structures Extension of existing footprint of a building Construction of impervious or compacted soil parking lots 2. For those Significant Redevelopment projects that result in an increase of more than fifty percent of the existing impervious surfaces of an existing developed site, a WQMP is required for the entire development. 3. For those Significant Redevelopment projects that result in an increase of less than 50 percent of the existing impervious surfaces, a WQMP is required only for the addition, however, the project proponents are encouraged to consider ways to incorporate the entire development into the WQMP. New Development 1. Residential development of 10 dwelling units or more, including single family and multi-family dwelling units, condominiums, or apartments. 2. Industrial and commercial development where the land area represented by the proposed map or permit is 100,000 square feet or more (land area is based on acreage disturbed), including, but not limited to, non-residential developments such as hospitals, educational institutions, recreation facilities, mini-malls, hotels, office buildings, warehouses, light industrial, and heavy industrial facilities. 3. Automotive repair shops with the following Standard Industrial Classification (SIC) codes: 5013 Motor Vehicle Supplies and New Parts 7532 Top, Body, and Upholstery Repair Shops and Paint Shops 7533 Automotive Exhaust System Repair Shops 7534 Tire Re-treading and Repair Shops 7537 Automotive Transmission Repair Shops 7538 General Automotive Repair Shops 7539 Automotive Repair Shops, Not Elsewhere Classified (including specialized automotive repair, such as fuel service (carburetor repair), brake relining, front-end and wheel alignment, ad radiator repair) 4. Restaurants where the project site is 5,000 square feet or more. Revised June 29, 2005 Page 3

4 5. Hillside development that creates 10,000 square feet or more or impervious surface(s) including developments in areas with known erosive soil conditions or where natural slope is 25 percent or more. 6. Development creating 2,500 square feet or more of impervious surface that is adjacent to (within 200 feet) or discharging directly into areas designated in the Basin Plan for the Santa Ana River Basin as RARE waters supporting habitats necessary for the survival and successful maintenance of plant or animal species designated under state or federal law are rare, threatened, or endangered species. 7. Parking lots of 5,000 square feet or more of impervious surface exposed to urban runoff, where parking lot is defined as a site or facility for the temporary storage of motor vehicles. Major Elements of the WQMP 1. Project Description and Site Characterization 2. Identification of Pollutants & Hydrologic Conditions of Concern NOTE: Identified pollutants from the project must be compared with all pollutants for which proximate receiving waters are impaired. Proximate receiving waters for all projects in the City of Hemet are Canyon Lake and Lake Elsinore, as both lakes are listed in the Clean Water Action Section 303(d) list of impaired water bodies. (For assistance with this element, refer to Attachment A of this document.) 3. Selection of Best Management Practices (BMPs) Appropriate BMPs shall be incorporated into the project to minimize the impact of identified pollutants and hydrologic conditions of concern. 4. Operation and Maintenance (O&M) Program The plan shall outline how O&M of BMPs with ongoing upkeep requirements will be accomplished. 5. Written Agreement to Assure Perpetual O&M Instruments considered sufficient to guarantee perpetual O&M include, a) Covenant for Maintenance recorded with the County Recorder; b) Home Owners or Property Owners Association CC&Rs; and c) Formation of a maintenance district or assessment district. Selection of BMPs BMPs are to be considered and incorporated into project design plans in the following progression: Revised June 29, 2005 Page 4

5 (1) Site Design BMPs All of the BMPs listed below shall be incorporated in all projects to the extent applicable and feasible. o Residential and commercial sites must be designed to contain and infiltrate roof runoff, or direct roof runoff to vegetative swales or buffer areas, where feasible. o Where landscaping is proposed, drain impervious sidewalks, walkways, trails, and patios into adjacent landscaping. o Increase the use of vegetated drainage swales in lieu of underground piping or imperviously lined swales. o Rural swale system: street sheet flows to vegetated swale or gravel shoulder, curbs at street corners, culverts under driveways and street crossings. o Urban curb/swale system: street slopes to curb; periodic swale inlets drain to vegetated swale, biofilter. o Dual drainage system: First flush captured in street catch basins and discharged to adjacent vegetated swale or gravel shoulder, high flows, connect directly to storm drain system. o Design driveways with shared access, flared (single lane at street) or wheel strips (paving only under tires); or, drain into landscaping prior to discharging to the storm drain system. o Uncovered temporary or guest parking on private residential lots may be paved with a permeable surface, or designed to drain into landscaping prior to discharging to the storm drain system. o Where landscaping is proposed in parking areas, incorporate landscape areas into the drainage design. o Overflow parking (parking stalls provided in excess of minimum parking requirements) may be constructed with permeable paving. (2) Non-Structural Source Control BMPs All of the BMPs below shall be considered. Adequate justification must be provided for any that are not included. o Education/training for property owners, operators, tenants, occupants, or employees o Activity restrictions (prohibiting blowing or sweeping debris in to streets or storm drain inlets, requiring dumpster lids to be closed at all times, prohibiting vehicle washing) o Irrigation system and landscape maintenance o Common area litter control o Street sweeping private streets and parking lots o Drainage facility inspection and maintenance Revised June 29, 2005 Page 5

6 (3) Structural Source Control BMPs All of the BMPs below shall be considered. Adequate justification must be provided for any that are not included. o Storm drain inlet stenciling and signage o Landscape and irrigation system design o Protection of slopes and channels o Community car wash racks o Properly designed fueling areas o Properly designed air/water supply area drainage o Properly designed trash storage areas o Properly designed and maintain loading docks o Properly designed maintenance bays o Properly designed vehicle and equipment wash areas o Properly designed outdoor material storage areas o Properly designed outdoor work or processing areas o Provides wash water controls for food prep. areas (4) Treatment Control BMPs These BMPs are to be selected and implemented with respect to identified pollutants and hydrological conditions of concern for the project.** o Vegetated filter strips o Vegetated swales o Water quality inlets o Extended detention basin o Sand filter o Porous pavement detention o Infiltration basin o Infiltration trench ** Under certain conditions, a project proponent may request a waiver from compliance with Treatment Control BMP requirements. (See form on page 11) Revised June 29, 2005 Page 6

7 WQMP Preparation Prior to issuance of the first discretionary project approval or permit, the project applicant shall submit a project-specific WQMP to the Public Works Department Engineering Division. Use the following resources in completing the WQMP: No. Resource Available at 1 Riverside County Water Quality Management Plan for Urban Runoff September 17, Project Specific WQMP Template 3 City of Hemet Stormwater/Urban Runoff Management and Discharge Controls (Municipal Code Sections and ) 4 Santa Ana River Basin Basin Plan Chapter 3 Beneficial Uses 5 Standard Industrial Classification (SIC) Codes 6 Final 2002 Clean Water Act Section 303(d) List of Water Quality Limited Segments Region 8 7 California Association of Stormwater Quality Agencies (CASQA) Stormwater Best Management Practices for New Development and Redevelopment Each project specific WQMP must include the sections outlined below: WQMP OUTLINE Section Description Resources for Completing this Section Owner s Certification Riverside County Water Quality Management Plan for Urban Runoff Section 4.8, Page 32 City of Hemet Stormwater/Urban Runoff Management and Discharge Controls (Municipal Code Sections and ) I Project Description Riverside County Water Quality Management Plan for Urban Runoff Section 4.1, Page 9 Santa Ana River Basin Basin Plan Chapter 3 Beneficial Uses Standard Industrial Classification (SIC) Codes Revised June 29, 2005 Page 7

8 Section Description Resources for Completing this Section II Site Characterization Riverside County Water Quality Management Plan for Urban Runoff Section 4.2, Page 11 Santa Ana River Basin Basin Plan Chapter 3 Beneficial Uses Also, see Attachment A of these guidelines Final 2002 Clean Water Act Section 303(d) List of Water Quality Limited Segments Region 8 III Pollutants of Concern Riverside County Water Quality Management Plan for Urban Runoff Section 4.3, Page 11 and Exhibit B- General Categories of Pollutants of Concern Also, see Attachment A of these guidelines IV Hydrologic Conditions of Concern Riverside County Water Quality Management Plan for Urban Runoff Section 4.4, Page V Best Management Practices Riverside County Water Quality Management Plan for Urban Runoff Section 4.5, Page V.1 Site Design BMPs Riverside County Water Quality Management Plan for Urban Runoff Section 4.5.1, Page California Association of Stormwater Quality Agencies (CASQA) Stormwater Best Management Practices for New Development and Redevelopment V.2 Source Control BMPs Riverside County Water Quality Management Plan for Urban Runoff Section 4.5.2, Page California Association of Stormwater Quality Agencies (CASQA) Stormwater Best Management Practices for New Development and Redevelopment V.3 Treatment Control BMPs Riverside County Water Quality Management Plan for Urban Runoff Section 4.5.3, Page and Exhibit C Stormwater Quality Best Management Practice Design Handbook California Association of Stormwater Quality Agencies (CASQA) Stormwater Best Management Practices for New Development and Redevelopment See Page 11 of these guidelines for a list of conditions for which a waiver of Treatment Control BMP Requirements may be considered V.4 Equivalent Treatment Control Alternatives Riverside County Water Quality Management Plan for Urban Runoff Section , Page Revised June 29, 2005 Page 8

9 Section Description Resources for Completing this Section V.5 Regionally-Based Treatment Control BMPs There are currently no existing Regional BMPs available in the City of Hemet. Riverside County Water Quality Management Plan for Urban Runoff Section 5.0, Page VI. Operation and Maintenance Responsibility for Treatment Control BMPs Riverside County Water Quality Management Plan for Urban Runoff Section 4.6, Page 31 VII. Funding Riverside County Water Quality Management Plan for Urban Runoff Section 4.7, Page 31 Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G Conditions of Approval Vicinity Map and Site Plan Hydrologic Conditions of Concern Educational Materials Soils Report Treatment Control BMP Sizing Calculations and Design Details Agreements for Ensuring Ongoing Operation, Maintenance, Funding and Transfer of WQMP Requirements Insert a complete copy of the final Conditions of Approval. Requirements for these maps are provided in the Riverside County Water Quality Management Plan for Urban Runoff Section 4.1, Page 9-10 Insert supporting engineering studies, calculations and/or any reports. For more information see Riverside County Water Quality Management Plan for Urban Runoff Section 4.4, Page Insert copies of materials that will be used for education of property owners, operators, tenants, occupants, or employees (as applicable) Projects that will utilize infiltration-based Treatment Control BMPs (e.g., Infiltration Basins, Infiltration Trenches, Porous Pavement) must include a copy of the property/project soils report. Include supporting engineering calculations for Q BMP and/or V BMP, and Treatment Control BMP design details. WQMP requirements transfer to all future owners of the project site. Select one of the following methods to ensure transferability and guarantee perpetual operation and maintenance of the BMPs: A Covenant ecorded with the County Recorder (See Attachment B Covenant for Water Quality Management Plan and Urban Runoff BMP Transfer, Access and Maintenance) Home Owners Association or Property Owners Association CC&Rs Formation of a maintenance or assessment district Revised June 29, 2005 Page 9

10 Section Description Resources for Completing this Section Appendix G Continued Attach copy of selected instrument guaranteeing perpetual Operation and Maintenance. For more information see Riverside County Water Quality Management Plan for Urban Runoff Section 6.0, Page Appendix H Phase 1 Environmental Site Assessment (if applicable) If a Phase 1 environmental site assessment has been prepared for the project site, include a summary of the site remediation conducted (or to be conducted) and any site use restrictions. Revised June 29, 2005 Page 10

11 Request for Waiver of Treatment Control BMP Requirements Project Name: Tract or APN Number(s): Project Site Address: Project Site Size: Name of Owner/Developer: Address City, State, Zip Code Telephone: I request a waiver of Treatment Control BMPs Requirements outlined in the Riverside County Water Quality Management Plan (Section 4.5.3) because the above project meets one of the following conditions: CONDITION A The WQMP for the above project has sufficient Site Design and Source Control BMPs to meet the WQMP Design Criteria (Sections , , ) for discharges of Pollutants of Concern. Attach documentation to justify the waiver, potentially including but not limited to monitoring data and/or special studies. CONDITION B This project is within a portion of the Permit Area that will not result in a discharge to Receiving Waters under the Design Criteria. Attach documentation to justify the waiver, potentially including but not limited to monitoring data and/or special studies. CONDITION C All available Treatment Control BMPs have been considered and rejected as infeasible and/or the cost of implementing Treatment Control BMPs greatly outweighs the pollution control benefit. Attach documentation to justify the waiver. Owner s Signature Date Owner s Printed Name Owner s Title/Position Revised June 29, 2005 Page 11

12 ATTACHMENT A Revised June 29, 2005 Page 12

13 Use the information below to complete WQMP sections II and III Receiving Waters for Urban Runoff in the City of Hemet All projects will consider proximate receiving waters from the outfall(s) at the project site to the City storm drain system all the way to Lake Elsinore Sites South of Menlo, West of Meridian (Yellow area on map on Page 9) Receiving Waters City of Hemet Storm Drain System Salt Creek HU# Canyon Lake HU# & San Jacinto River Reach 1 HU# & Lake Elsinore HU# (d) List Impairments Designated Beneficial Uses Proximity to RARE Beneficial Use None None None None Nutrients - Pathogens None Nutrients Organic Enrichment / Low Dissolved Oxygen Sedimentation / Siltation Unknown Toxicity REC 1 REC 2 WARM WILD MUN AGR GWR REC1 REC2 WARM WILD MUN AGR GWR REC1 REC2 WARM WILD REC1 REC2 WARM WILD Sites North of Menlo, West Park Hill (Blue area on map on Page 14) Receiving Waters City of Hemet Storm Drain System San Jacinto River Reach 4 HU# & San Jacinto River Reach 3 HU# Canyon Lake HU# & San Jacinto River Reach 1 HU# & Lake Elsinore HU# (d) List Impairments Designated Beneficial Uses Proximity to RARE Beneficial Use None None None None None Nutrients - Pathogens None Nutrients Organic Enrichment / Low Dissolved Oxygen Sedimentation / Siltation Unknown Toxicity AGR GWR REC 1 REC 2 WARM WILD AGR GWR REC1 REC2 WARM WILD MUN AGR GWR REC1 REC2 WARM WILD MUN AGR GWR REC1 REC2 WARM WILD REC1 REC2 WARM WILD Revised June 29, 2005 Page 13

14 Sites North of Florida, East of Meridian (Orange area on map below) Receiving Waters 303(d) List Impairments Designated Beneficial Uses Proximity to RARE Beneficial Use City of Hemet Storm Drain System None None None Bautista Creek Wash None None None San Jacinto River Reach 5 HU# San Jacinto River Reach 4 HU# & San Jacinto River Reach 3 HU# Canyon Lake HU# & San Jacinto River Reach 1 HU# & Lake Elsinore HU# None None None Nutrients - Pathogens None Nutrients Organic Enrichment / Low Dissolved Oxygen Sedimentation / Siltation Unknown Toxicity AGR GWR REC 1 REC 2 WARM WILD AGR GWR REC 1 REC 2 WARM WILD AGR GWR REC1 REC2 WARM WILD MUN AGR GWR REC1 REC2 WARM WILD MUN AGR GWR REC1 REC2 WARM WILD REC1 REC2 WARM WILD Revised June 29, 2005 Page 14

15 DETERMING POLLUTANTS OF CONCERN FOR PROJECTS IN THE CITY OF HEMET STEP 1 Determine the Expected (E) and Potential (P) Pollutants for proposed project using the chart below. Example: Highlighted line is for a Commercial/Industrial Development Type of Development (Land Use POTENTIAL POLLUTANTS GENERATED BY LAND USE TYPE Sediment/ Turbidity Organic Compounds Trash & Debris Oxygen Demanding Substances Bacteria & Viruses Oil & Grease Pesticides Metals Nutrients Detached Residential Development E E N E E E E E N Attached Residential Development E E N E P (1) P P (2) E N Commercial / Industrial Development P (1) P (1) P (5) E P (1) P (3) E P (1) P Automotive Repair Shops N N E (4,5) E N N E N P Restaurants N N N E E E E N N Hillside Development E E N E E E E E N Parking Lots P (1) P (1) E (4) E P (1) P (6) E P (1) E Streets, Highways & Freeways E P (1) E (4) E P (1) P (6) E P (1) E Abbreviations: E = Expected P = Potential N = Not Expected Notes: (1) A potential pollutant if landscaping or open area exists on the Project site. (2) A potential pollutant if the project includes uncovered parking areas. (3) A potential pollutant if land use involves animal waste. (4) Specifically, petroleum hydrocarbons. (5) Specifically, solvents. (6) Bacterial indicators are routinely detected in pavement runoff. Step 2 Determine all pollutants for which proximate Receiving Waters are impaired. Example: Proximate Receiving Waters for the City of Hemet are Canyon Lake and Lake Elsinore, which are both identified as impaired. The chart below summarizes pollutants for each as listed on the most recent Clean Water Act Section 303(d) list. IMPAIRED RECEIVING WATERS IN THE SAN JACINTO WATERSHED RECEIVING WATER Canyon Lake LISTED POLLUTANTS Nutrients Pathogens RECEIVING WATER Lake Elsinore LISTED POLLUTANTS Nutrients Organic Enrichment Low Dissolved Oxygen Sedimentation/Siltation Unknown Toxicity Revised June 29, 2005 Page 15

16 STEP 3 Transfer information from above two tables to the Example Summary Table below: Example SUMMARY OF POLLUTANTS OF CONCERN FOR PROPOSED PROJECT POLLUTANTS EXPECTED POTENTIAL LISTED FOR RECEIVING WATER MUST INCORPORATE H/M EFFECTIVENESS TREAMENT CONTROL BMP Sediment / Turbidity Nutrients Organic Compounds Trash & Debris Oxygen Demanding Substances Bacteria & Viruses Oil & Grease Pesticides Metals Other: Unknown Toxicity STEP 4 You have now identified the Pollutants of Concern for the proposed project (pollutants highlighted in yellow). You have also identified those pollutants for which a Treatment Control BMP of medium or high effectiveness must be incorporated into the proposed project (There are four, designated by pink highlighting. They are 1) Sediment/Turbidity; 2) Nutrients; 3) Organic Compounds; and 4) Oxygen Demanding Substances. Revised June 29, 2005 Page 16

17 ATTACHMENT B Revised June 29, 2005 Page 17

18 Recorded at the request of: <Insert Owner s Name> After recording, return to: <Insert Owner s Name> <Insert Owner s Address> Covenant for Water Quality Management Plan and Urban Runoff Best Management Practices Transfer, Access and Maintenance Owner: Property Address: APN: WHEREAS, ( OWNER ) owns real property ( Property ) in the City of Hemet, County of Riverside, State of California, more specifically described in Exhibit A and depicted in Exhibit B, each of which exhibits is attached hereto and incorporated herein by this reference; WHEREAS, at the time of initial approval of development project known as within the Property described herein, the City of Hemet ( CITY ) required the project to employ Best Management Practices, hereinafter referred to as BMPs to minimize pollutants in urban runoff; WHEREAS, the OWNER has chosen to install and/or implement BMPs for the Property as described in the Water Quality Management Plan, on file with the CITY, hereinafter referred to as WQMP, to minimize pollutants in urban runoff and to minimize other adverse impacts of urban runoff;

19 WHEREAS, said BMPs, with installation and/or implementation on private property and draining only private property, are part of a private facility with all maintenance or replacement, therefore, are the sole responsibility of the OWNER in accordance with the terms of this Covenant. WHEREAS, the OWNER is aware that periodic and continuous maintenance, including, but not necessarily limited to, filter material replacement and sediment removal, is required to assure peak performance of all BMPs in the WQMP and that, furthermore, such maintenance activity is required to remain in compliance with all local, state, or federal laws and regulations, including, but not limited to NPDES storm water permits, and those pertaining to confined space and waste disposal methods, in effect at the time such maintenance occurs; NOW THEREFORE, OWNER covenants, promises and agrees as follows: 1. OWNER hereby provides the CITY and/or its designee complete access, of any duration, to the BMPs and their immediate vicinity at any time, upon reasonable notice, or in the event of emergency, as determined by CITY, no advance notice, for the purpose of inspection, sampling, testing of the BMPs, and in case of emergency, to undertake all necessary repairs or other preventative measures at OWNER s expense as provided in paragraph 3 below, provided that CITY takes reasonable steps to minimize or avoid interference with OWNER s use of the Property. 2. OWNER shall use its best efforts diligently to maintain all BMPs in a manner assuring peak performance at all times. All reasonable precautions shall be exercised by OWNER and OWNER s representative or contractor in the removal and extraction of any material(s) from the BMPs and the ultimate disposal of the material(s) in a manner consistent with all relevant laws and regulations in effect at the time. As may be requested from time to time by the CITY, the OWNER shall provide the CITY with documentation identifying the material(s) removed, the quantity, and disposal destination. 3. In the event OWNER, or its successors or assigns, fails to accomplish the necessary maintenance contemplated by this Covenant, within five (5) days of being given

20 written notice by the CITY, the CITY is hereby authorized to cause any maintenance necessary to be done and charge the entire cost and expense to the OWNER or OWNER s successors or assigns, including administrative costs, attorneys fees and interest thereon at the maximum rate authorized by the Civil Code from the date of the notice of expense until paid in full. 4. The CITY may require the OWNER to post security in form and for a time period satisfactory to the CITY to guarantee the performance of the obligations stated herein. Should the OWNER fail to perform the obligations under this Covenant, the CITY may, in the case of a cash bond, act for the OWNER using the proceeds from it, or in the case of a surety bond, require the sureties to perform the obligations of the Covenant. As an additional remedy, the CITY may withdraw any previous Urban Runoff-related approval with respect to the property on which BMPs have been installed and/or implemented until such time as OWNER repays to CITY its reasonable costs incurred in accordance with paragraph 3 above. 5. This Covenant shall be recorded in the Office of the Recorder of Riverside County, California, at the expense of the OWNER and shall constitute notice to all successors and assigns of the title to said Property of the obligation herein set forth, and also a lien in such amount as will fully reimburse the CITY, including interest as herein above set forth, subject to foreclosure in event of default in payment. 6. In event of legal action occasioned by any default or action of the OWNER, or its successors or assigns, then the OWNER and its successors or assigns agree(s) to pay all costs incurred by the CITY in enforcing the terms of this Covenant, including reasonable attorney s fees and costs, and that the same shall become a part of the lien against said Property. 7. It is the OWNER that burdens and benefits herein undertaken shall constitute covenants that run with said Property and constitute a lien there against. 8. The obligations herein undertaken shall run with and burden the Property and shall be binding upon the heirs, successors, executors, administrators and assigns of the OWNER. The term Owner shall include not only the present OWNER, but also its heirs, successors, executors, administrators, and assigns. OWNER shall notify any successor to title of

21 all or part of the Property about the existence of this Covenant. OWNER shall provide such notice prior to such successor obtaining an interest in all or part of the Property. OWNER shall provide a copy of such notice to the CITY at the same time such notice is provided to the successor. 9. Time is of the essence in performance of this Covenant. 10. Any notice to a party required or called for in the Covenant shall be served in person, or by deposit in the U.S. Mail, first class postage prepaid, to the address set forth below. Notice(s) shall be deemed effective upon receipt, or seventy-two (72) hours after deposit in the U.S. Mail, whichever is earlier. A party may change a notice address only by providing written notice thereof to the other party. IF TO CITY: John Davidson, City Manager City of Hemet 445 E. Florida Avenue Hemet, CA IF TO OWNER: <Insert Owner s Name & Address> 11. This Covenant may be enforced by the CITY. The City Manager or his/her designee is authorized to act and administer this Covenant on behalf of the CITY. IN WITNESS THEREOF, the parties hereto have affixed their signatures as of this day of. [All owner s of record must sign.] OWNER: OWNER: <Owner s Name> <Title> <Company> <Owner s Name> <Title> <Company> NOTARIES ON FOLLOWING PAGES

22 ACKNOWLEDGMENT FOR OWNER State of California County of On, before me,, the undersigned notary public, personally appeared, 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. CAPACITY CLAIMED BY SIGNER: Individual(s) Corporate Officer(s) Partner(s) Attorney-in-Fact Trustee(s) Guardian/Conservator Other: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Signature of Notary

23 EXHIBIT A (Legal Description)

24 EXHIBIT B (Map/Illustration)