HomeMy WebLinkAboutPresentation on Public Comment - Toscano BioswalesToscano Bioswales
Midland Pacific’s Toscano Development
Prepared by Richard J. Martin, homeowner
Presented to San Luis Obispo City Council
4 February 2020
2020-02-04 Toscano Bioswales: To SLO City Council (RJM Rev 1)1
Toscano Development:
½ Mile NE of Higuera + Margarita
2020-02-04 Toscano Bioswales: To SLO City Council (RJM Rev 1)2
Bioswales vs Drainage Swales
2020-02-04 Toscano Bioswales: To SLO City Council (RJM Rev 1)3
•Builder (Midland Pacific) included
large channels (drainage swales)
to handle heavy storm runoff from
hills (blue arrows).
•Builder also included bioswales in
multiple locations along San
Vincenzo Drive, Cortuna Drive, and
Arezzo Drive (see photos) to help
filter hazardous road chemicals
from storm runoff before it enters
water table.
Toscano CC&R:
Covenants, Conditions & Restrictions
•P.27 of 46 Item (3) Drainage Facilities Maintenance.
•The Association shall maintain the drainage swales and storm drainage
improvements in a viable condition the manner as originally designed or
improved upon as installed by the Declarant on an ongoing basis in perpetuity.
Said drainage swales and improvements to be maintained by the Association
include drainage swales and infrastructure within the Common Area, drainage
infrastructure within the Private Drainage Easement on Lot 172, and the
drainage infrastructure from the Lot 172 swales to the public storm drain
system in Arrezo Drive. Drainage swales along the west and south tract
boundaries shall be maintained, repaired and/or replaced by individual
Owners in such a way as to allow clear and unobstructed storm water flows.
No storage, alterations, construction and/ or landscaping may be permitted in
or around these swales in a manner that interferes with accessibility to, the
design of, and function of the overall tract storm drainage system. In the event
individual Owners do not properly maintain, repair and/or replace the
drainage improvements, the Association shall have the right to enter said
Owner's property, effect such maintenance, repair and/or replacement, and
bill said Owner for costs related thereto;
•P.28 of 46; Item (10) Walls, Fences and Slopes.
•The Association shall maintain all retaining walls taller than three (3) feet and
an arca at the top of the walls equal to the height of the wall plus one (1) foot.
This area includes but is not limited to all fencing, drainage swales, and
geogrid in a manner as originally installed by the Declarant;
2020-02-04 Toscano Bioswales: To SLO City Council (RJM Rev 1)4
Seven instances of (drainage) “swale”; Zero instances of “bio” (swale or otherwise).
Purpose of Bioswales
•Runoff from roads and parking lots … is
also a source of sediment, heavy
metals, and organic compounds (e.g.,
polycyclic aromatic hydrocarbons).
•Green infrastructure (GI) involves the
use of vegetation and porous materials
to restore some of the natural
processes required to treat stormwater
runoff at the source.
•All stormwater control measures
(SCMs)—not just GI—need operation
and maintenance. If not properly
operated and maintained,
performance can decline, eventually
leading to failure.
2020-02-04 Toscano Bioswales: To SLO City Council (RJM Rev 1)5
https://www.epa.gov/sites/production/files/2016-11/documents/final_gi_maintenance_508.pdf
Selected
Photos
2020-02-04 Toscano Bioswales: To SLO City Council (RJM Rev 1)6
Two Videos Showing Falls into Bioswales on
San Vincenzo
2020-02-04 Toscano Bioswales: To SLO City Council (RJM Rev 1)7
•To date, a total of three pedestrian falls have been reported by homeowners in 2 years
of residency.
•At least two of the falls involved elderly guests.
Toscano Homeowner Concerns about
Bioswales
1.Builder design for bioswales was unsafe and therefore defective.
a.Pedestrians not discouraged or prevented from walking through swales.
b.Cars not discouraged from parking alongside swales and allowing passengers to exit.
c.Swale unexpectedly deep for pedestrians.
d.Concrete swale features pose head injury hazard if pedestrian falls.
e.Low visibility (insufficient street lighting) at night exacerbates falling hazard.
2.Builder failed to generate a “bioswale maintenance” plan.
a.Inspection Frequency
b.Maintenance Instructions
c.Anticipated Cost (for budgeting)
3.Purchase contract documents (including CC&Rs) were silent about “Entity Responsible for Maintenance”
a.Individual Homeowner?
b.Homeowner Association (including appropriate “reserve” funding)
c.City of SLO?
4.Builder made aware of Homeowner concerns about maintenance at October 2019 HOA Board Meeting but proposed no
solution at November 2019 or January 2020 HOA meetings.
2020-02-04 Toscano Bioswales: To SLO City Council (RJM Rev 1)8
Possible Improvements
•Engineering Controls:
•Sturdy boardwalk from curb to
sidewalk
•Full coverage (safer, but no plants)
•Walkways between plants for safe
passage
•Barriers to prevent passenger
exiting in front of swales
•Administrative Controls:
•Signs to warn about falling hazards
•Additional lighting over bioswales
2020-02-04 Toscano Bioswales: To SLO City Council (RJM Rev 1)9
Petition to SLO City Council
•Please consider delaying your approval for Midland Pacific to “close
out” Toscano Phase I until Builder addresses these serious bioswale
design and maintenance concerns in good faith with Homeowners
and City Officials.
•Homeowners want Builder to improve pedestrian safety associated with
bioswales so individual owners don’t bear an excessive degree of risk for fall
injuries on their property.
•City needs to know that bioswales will be maintained effectively to ensure
groundwater contamination continues to be controlled in the future.
•Homeowners and City need to know who will maintain the bioswales and
what costs will be.
2020-02-04 Toscano Bioswales: To SLO City Council (RJM Rev 1)10