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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. --. -..---- RESOLUTION NO. 3837 PAGE 3 \mb~ TONYF ~ OR ATTEST: cht1OJLe- R ,CITY CLERK APPROVED AS TO CONTENT: rt~~~\ S VEN ADA . CITY MANAGER APPROVED AS TO FORM: I -" -. 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 I i I -.--- -----