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R 1866 Yb Rm)LUI1CN ID. 1866 . ) A RESOLUflOO OF TIlE ClTI (I)lN:;IL OF TIlE CI TI OF ARROYO GRAl-IDE SUPERaIDINJ RESOLUl'ICN ro. 1660 AND !il1ENDINJ RESOLUfICN m. 1006 RIXWIDINJ /IrI'lENDINJ ESTABLISHED OJARGES Fill IRA1NtGE S1UJY MAP DESICNA1ED "ARROYO GtANDE mAINtGE .AREA m. 1, HAI..CY(N ROAD WEST 10 crIT LIMI'IS"; .AND SPECIFICALLY AlIRESSINJ RESOLUfICN OF mAINi'GE a:::NCEtNS IN "IDm 3 OF ARROl'O GRANDE mAINXE .AREA ro. 1" WHEREAS, there exists certain drainage problems wi thin that area I cons idered in a drainage study and map to be known as !tArroyo Grande Drainage Area I No.1", adopted August 22,1972, for that area generally westerly of North and South I :.......- Halcyon Road within the Ci ty limi ts as prepared by the City of Arroyo Grande Staff lTleIrbers; and WHEREAS, wi thin the adopted drainage report, the mal;) included divided the drainage study into 5 individual drainage zones which were subsequently redivided into addi tional zones with various number and letter designations shown on said map of the area as \Yell as its amendments; and WHEREAS, the complexity and cost of implementing the approved JEAINAGE REroRTcaused the iffil?lement ing of drainage solutions to be on a piecemeal basis; and WHEREAS, the amount of drainage runoff generated by the development of I I;)rivate property is in direct relation to the percentage of the lot coverage as permitted by applicable zoning; and VllEr-EAS, drainage zone 3 is one of the drainage zones wi thin the boundary of the adol;)ted drainage plan; and \\HEREAS, certain ownerships wi thin zone 3 remain partially or wholly undeveloped; and WHEREAS, private developments have occurred within zone 3, and interim drainage ponds and permanent drainage structures have been constructed; and \~, certain parcels of land within zone 3 have been set aside by developers and approved by City COuncil action for the purpose of storing storm water only; and VtHEREAS , there are still major drainage structures remaining to be constructed within zone 3 to complete the implementation of the adopted drainage plan; and \1l1EREAS, these certain parcels of land within zone 3 set aside for storing storm \~ter can only be released by COuncil action when drainage facilities are available to receive the stored storm water; and WHEREAS, drainage zone 3 drainage requirements are unique, but runoff factors as to improvement types are the same as Drainage Area No.1; and m'IEREAS. Gar Bar Ltd., (herein after referred to as "Gar Bar") owner of vnC/1,nt property adjacent to find easterly of Elm Street and lying 400 feet south of Farroll Road (set forth in Ti tle report by First ,/!merican Ti tie Company preliminary ti tl..! L'cpor t SID 8330775 0:::) as a condi t ion to approval of deve loprent of its vacant property and to protect the safety, heal th, prol;)erty and welfare of the public, has been required to construct the Farroll Road drainage faci Ii ty, at an approxirmte cos t of $250,000, and approxirmtely located in Farroll Road between Elm Street and a proposed westerly terminus in the vicinity of Golden West Place; and , J I ~. ViHERElIS, the drainage facility benefits all properties lying within '-J~- Drninuge zone 3, and to be fair and equi table, all properties wi thin the zone should share the expense of the drainage facility; and \\HEREAS, reinbursement to Gar Bar for construction of a portion of the proposed drainage structures as required by the Ci ty of Arroyo Grande is author ized by the State Map Act, permi tted by this resolution, and can be paid for from fees t collected by the Ci ty from the owners of the undeveloped land wi thin zone 3, " (approximately 25.5 acres inc luding the Gar Bar land having an area of approximately 4 acres). and from the release of existing privately held parcels of land acting IlS ! pondin[; basins in zone :\ from 17 previously developed acres; ahd ! , - 99 , WHEREAS. n means to develop a proceeding to reimburse Gar Bar for the implementation of the required drainage structures is in keeping with State statutc; and construction of the Farroll Road drainage facilities is in the best i nteres t of the Ci ty, the future developers of vacant land, and the present proper ty Oi~ners; and "HEREAS, a fee of $7,000 per acre for single family development of vacant land is found by the Ci ty Council to be a fair and equitable charge for implementing the drainage solutions in Drainage zone 3 and is based on 1/2 the value of land set aside fOl' existing drainage ponds in Tract 283 and 398; and \'d1.EREAS, Gar Bar has by letter accepted the content of this resolution of the City Counc il of the Ci ty of Arroyo Grande, as its only agreement with City of I i ArI'OYO for reimbursement of costs incurred to construct drainage faci 11 ties which \ \\Uuld benef it itself and other property owners in zone 3. 1..-:- IDV, 'llIEREFC:RE, BE IT RFBOLVED BY 1HE CI'IY CDlNCIL OF TIm CI'IY OF ARIUYO Gr.ANDE that within the Arroyo Grande Drainage No.1, the City of Arroyo Grande es tablishes a drainage fee, and said fee being determined by the City Council to be an amount sufficient to contribute toward that portion of the cost of acquiring and constructing the drainage facili ties, shown in said drainage study, aUr ibutable to new development, to be collected within the area of the above referred tornal? and subsequent amendments exclusive of zone 3 on the following basis: 2Dm tNIT,<Un' PER. Jam R-l $ 1,630.31 R-2 2,037,89 R-G 2,445.47 R-3 3,064.99 C or 1 4,075.78 P-D Select Zone Unit Cost Per kre in Accordance with actual density achieved ~ BE IT FUR'IHER RESOLVED tha t M1ether or not Gar Bar proceeds to finance and construct necessary drainage faci Ii ties to implement the remaining major drainage structure in Drainage zone 3 in Farroll Road, the owners of property in zone 3 as a i condition to development or redevelopment of all vacant or underdeveloped I properties inDrainage zone 3 shall be required to contribute their fair share of the -' cost of the Farroll Road drainage facility; and BE IT FURTHERRESOLVEO that the fair share of cost of the Farroll Road drainage faci Ii ty in zone 3 be based on acreage and density of development according to City zoning at the time of development; and BE ITFUR1HERRESOLVED that the fair share cost to be collected as a drainage fee in zone 3 on the vacant or underdeveloped property for construction of the FarraH Road drainage faci Ii ties within zone 3 be es tablished by the City Council as follows : mm tNIT <Un' PER tDm R-l $ 7,000 R-2 8,700 R-G 10,500 R-3 13,160 C or I 17,500 P-D Select Zone Unit Cbst Per Acre in accordance with actual density achieved i BE IT FUR1HER. RESOLVED that the fee for those previously developed 1 properties in zone 3 that have set aside land for existing ponding basins be 1/2 the -- accepted value of the highest and best use of that set aside land, those values being $35,000 for tract 398 (Total fee for release of one R-3 lot, Golden West Homes), $21,000 per Rl-lot and/or $63,000 for tract 283 (Total fee for release of 3 R-l10ts, James Norman) and $52,000 for the Grand Mothers Club Mobi Ie Home Park (Total fee for release of undivided portion of park In ponding, but zoned R-3D) assuming the Ci ty Counci I releases that set aside land now held for ponding basins to be developed to its highest and best use under present zoning; and ..,'.. "',' _0 i~.~ - .vU . BE ITFUR1HERRESOLVED that annually the fees shall be modi fied up or down in conformance wi th the EngineeringNews Record Cbnstruction Cbst Index and the foetor for the adjustment of the fees above shall be calculated and established each January by Ci ty Counci I resolution as reconmended by the Director of Public Works, by the following formula: Factor = 1 + f,urrent Ind~x - Base Ind~x for July 11, 1985 Base Index for July 11, 1985 Factor = 1 + Qlrrent Index - 4219.62 4219.62 TIle ENR Index as used above does not guarantee that sufficient flmds will be generated to construct all the drainage structures necessary. The Index i tseH, however, does reflect actual increase in construction cost which have I I occurred and which will apparently continue to occur. BE IT FURll~RESOLVED that in those cases where a subdivider or other developer has been required to construct public drainage improvements for benefit to the general area, the cost of those structures may be credited to\v.ard the required drainage fees. This credit shall not preclude the developer from negotiating any additional reimbursements allowed by the Subdivision Map Act. BE IT FUR1HERRESOLVED that a development permit or approval for the improvement or release of ponding lots for any property within the area of the above referred to Arroyo Grande Drainage Area No. 1 shall not be commenced until a payment of the appropriate dra~nage fees has been deposited with the City of Arroyo Grande; and BE IT FUR1HER RESOLVED that the area subject to the unit cost per acre shall be the total gross area of the property or parcel being developed, excepting that a credit shall be allowed for any existing, improvements and no drainage fee ,shall be assessed to any, existing residentially improved R-l lots; and BE IT FUR'IHER RESOLVED that in the event Gar Bar elects to finance and construct the Farroll Road drainage facility, then fees collected by the City from property owners in zone 3 shall be paid to Gar Bar in a timely manner I ~ until fully reimbursed for expense beyond its initial fair share of installing I the approved drainage structures plus financing costs as outlined below or ..~-- until the term of this stipulated reimbursement proposal expires: PRJR:mD RRI~ 10 GAR BAR AS FHF.S ARB ([)Il,.1CIID BY 'lHE CI1Y IN 2CNE 3 Item Description Value of Item 1. Total construction cost exclusive = $250,000 (estimate only - actual of design and construction bid figures to be used in management calculation of actual reimburs- able aroount) 2. Estimated Drainage Fee based on = $ 42,000 (estimate only - actual zone 3 location, R-G zoning, gross area after surveying and approximate gross area of multiplied by the appropriate " acres drainage fee based on zoning at time Building Permit is requested or tract n~p approval is requested) 3. First year value of principal due Gar Dar from Drainage Fees , , collected in zone 3 shall be: S I $250,000 - $42,000 = $208,000 ......... (Item 1 - Item 2) = (estimate only) 4, To reimburse Gar Bar financing costs the principal aroount due Gar Bar in years following the first year shall be calculated as follows: L .. 101 i..., _h._..... 'lWelve rronths after the date determined by the Ci ty Counci I by the date the Farroll Road drainage structure is accepted by minute rrotion for maintenance by the public and annually thereafter, the reimbursabled pr incipal balance due to Gar Bar shall be recalculated for the following year by multiplying the unreimbursed balance due on said anniversary date (determined by the City Director of Public Works) by a faclor of 1.12, It is understood by Gar Bar and the City of ArI'oyo Grande that all reinbursements paid to Gar Bar of drainage fees collected by the City in zone 3 of Drainage Area No. 1 shall reduce the principal due Gar Bar for each succeeding year's calculation of unrelmbursed balance of principal due Gar Bar. I I BE ITFUR1HERRESOLVED that the period over which Gar Bar shall be eligible i i \ for reimbursements for construction costs of the Farroll Road drainage faci li ty, if ~ Gar Sttr elects to proceed with financing and construction, shall be a period ot fifteen (15) years after the date of this resolution is adopted regardless of the value calculated as the unreimbursed princIpal balance due at expiration of the fifteen (15) year period; and BE IT FlR1HER RESOLVED that upon final payment of reimbursements whether fully paid off or after expiration of the fifteen (15) year reimbursement period all subsequently collected drainage fees from property developers in zone 3 shall be the property of the City of Arroyo Grande for use determined appropriate by the City Council for drainage facility constructIon, reconstruction, or maIntenance of drainage facilities within Drainage Area No.1. In the event Gar Bar does not proceed, the fees collected In zone 3 shall be retained by the City for expenditure on drainage facilities In zone 3 as first priority and other damage facilities In Drainage Area 1 thereafter; and BE IT RR1HER RESOLVED that in the event that the City's legal ability to collect drainage fees as outlined above is challenged and is stricken dO\W1, the provisions for reimbursement to Gar Bar shall be considered null and void; and BE IT FURlliER RESOLVED that the area known as the "Stem Annexation" is included wi thin the Arroyo Grande Drainage Area No. 1, Halcyon Road west to theCi ty limits", and the map of the area is hereby amended to Include the Stem Annexa I.i on (a \ copy of which is attached and known as Exhibit A). TIle Stem area is lWiconsJdered I to be within zone 3 of Drainage Area 1. -- BE IT RR1HERRESOLVED that in the event the Ci ty's drainage faci Ii ties, as necessary to serve a prop<!rty proposed for development wi thin Drainage Area No.1 are not available, the developer shall provide for drainage water to the approval of the Ci ty, and said provisions may be requirements to construct all of or a port! on of the ultimate drainage facility deemed appropriate by the City to serve the zone ih which the property lies. In the event the developer is required to construct less than lhe ultimate solution to a drainage problem in a particular zone, those additional interim irrprovements which may be necessary to mitigate local drainage concerns must be completed as approved by the Director of Public Works. On rrotion of Council Merrber Gallagher, seconded by Council \'v1ember Porter, and on the following roll call vote, to wit: AYES: Council Merrbers Gallagher and Porter and Mayor Smith, t-DES: None, ABSENT: <;:ounci I Merrbers Moots and Johnson, lhe foregoing Resolution was passed and adopted this 22nd day of July, 1985. 13'r1Mu~ MAYOR i ,- AT1'PoST: ~~ tl. P/hH~ \ \ I I I I. Nancy A. Davis. City Clerk of t~e Ci~y of A~royo Grand:, County of San Luis Obispo, State of Ca1~forn1a, do hereby cert1fy that the foregoing Resolution No. 1866 1S a true, full ,and c?rrect copy of said Resolution passed and adopted at a regular meet1ng of said Council on the 22nd day of July, 1985. , III 6' ' \ WITN8SS my hand and the Seal of the City of Arroyo r~nde affixed this 24th day of July, 1985. ~" ~ a/I ' r'T'T'V 1"'r,p.R1<'" "'; ,- ' \ ~ Ol.',t , -r-... ___ \ . ..j . .to. " -/.-..- ' -; ...._,n . -- .I i I I I I I I i L '-r I , . I , . : 611E I , . 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