R 3837
RESOLUTION NO. 3837
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE REVISING CONDITION OF
APPROVAL NO. 114 REGARDING DRAINAGE BASIN
FOR VESTING TENTATIVE TRACT MAP 02-002 (VTTM
2310) BY S & S HOMES, NORTH SIDE OF FARROLL
AVENUE
WHEREAS, the City Council of the City of Arroyo Grande approved Resolution
No.3726, dated November 25, 2003, containing conditions of approval for Vesting
Tentative Tract Map No. 02-002 (VTTM 2310) by S & S Homes on the north side of
Farroll Avenue, including condition number 114 regarding storm drainage basin design,
and
WHEREAS, detailed engineering studies have revealed that the on-site basin capacity
must be compromised to avoid backflow from the existing adjoining public ponding
basins, and
WHEREAS, these engineering studies also presented an acceptable alternative for
drainage improvements which could benefit all of Drainage Zone A and adequately
provide for this new development while reducing the duration and frequency of
occasional use of sport field overflow basin 3, and
WHEREAS, this altemative would provide some excess capacity in the on-site retention
and retardation basin for VTTM 2310, but less than twice that needed for the tract due
to technical constraints, and
WHEREAS, the developer has agreed to contribute funds to improve the pumping
system to increase the capability of the discharge "bleeder" line to Arroyo Grande
Creek, reduce the frequency of the flooding of the sports field basin 3 and enable
quicker sump pump from basin 3 back into basin 2 or the bleeder line to minimize
damage to the sport field turf from extended inundation, and
WHEREAS, the estimated cost of the altemative drainage improvements is $150.000
and the developer has agreed to contribute this sum to enable said pUblic drainage
benefits,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande amends Condition Nos. 15 and 114 of Resolution No. 3726 in there entirety to
read as follows:
Condition No. 15 - "Prior to issuance of any building permit for the project,
the applicant shall form a Benefit Maintenance Assessment District
("Maintenance District") for maintenance of all common areas, and shall
pay for all costs associated with formation of the Maintenance District. All
RESOLUTION NO. 3837
PAGE 2
documents creating such a maintenance district shall be subject to review
and approval by the City Attomey. Common areas include, but are not
limited to, the fencing and landscaping along Farroll Avenue and behind
Custom Lots 10 - 12, the mini-park, the pedestrian pathway from Dixson
Street to the park and the drainage basin. In the event the maintenance
district is not formed or is dissolved, the applicant shall be required to form
a Homeowner's Association, and make provision to assure that the
Homeowner's Association shall be responsible for the project's common
area maintenance requirements."
Condition No. 114 - "The applicant shall construct and dedicate the on-site
drainage retention and retardation basin with a minimum capacity greater
than what the project itself requires and subject to the approval of the
Director of Public Works. Additionally, within 30 days of final map
recordation the developer shall contribute to the City the sum of $150,000
for public drainage benefits including pumps and other improvements
associated with basins 2, 3 and the bleeder line discharge to Arroyo Grande
Creek. The City will accept and maintain the on-site drainage retention and
retardation basin and operate and maintain the off-site drainage facilities
supported in part by the project's pro rata share of maintenance costs
through a Benefit Maintenance Assessment. The applicant shall pay for all
costs associated with formation of the Maintenance District including, but
not limited to, costs of engineering, legal and administrative. In the event
that the Maintenance District is not formed or is dissolved, the applicant
shall be required to form a Homeowner's Association, and make provision
to assure that the Homeowner's Association shall be responsible for the
project's drainage maintenance requirements."
On motion by Council Member Arnold, seconded by Council Member Dickens and on
the following roll call vote, to wit:
AYES: Council Members Arnold, Dickens, Guthrie, Costello and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 26th day of April 2005.
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RESOLUTION NO. 3837
PAGE 3
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TONYF ~ OR
ATTEST:
cht1OJLe-
R ,CITY CLERK
APPROVED AS TO CONTENT:
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S VEN ADA . CITY MANAGER
APPROVED AS TO FORM:
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RESOLUTION NO. 3837
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
Resolution No. 3837 is a true, full, and correct copy of said Resolution passed
and adopted at a regular meeting of the City Council of the City of Arroyo Grande
on the 26th day of April 2005. . .
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27th
day of April 2005.
r ,!JLilttwv--
W TMORE, CITY CLERK
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