R 5398 RESOLUTION NO. 5398
A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF
ARROYO GRANDE REVISING THE CONDITIONS OF
APPROVAL FOR PLOT PLAN REVIEW 23-001 WHICH
APPROVED THE INSTALLATION OF ONE (1) NEW DOMESTIC •
SUPPLY WELL ON PROPERTY ZONED PLANNED
DEVELOPMENT LOCATED NORTHEAST OF THE
INTERSECTION OF NOYES ROAD AND EQUESTRIAN WAY
(APN: 007-781-055) AND FINDING THAT SAID ACTION IS
CATEGORICALLY EXEMPT FROM CEQA PURSUANT TO
STATE CEQA GUIDELINES SECTION 15303 (APPLICANT:
MICHAEL HARRIS)
WHEREAS, Michael Harris has submitted an application to drill and install one (1)
new domestic supply well at a property on an unaddressed parcel on Noyes Road in
Arroyo Grande ("Well Application"); and
WHEREAS, the Well Application would be on unaddressed property on Noyes Road
(APN: 007-781-055), northeast of the intersection of Noyes Road and Equestrian
Way ("Subject Property"); and
WHEREAS, Arroyo Grande Municipal Code ("AGMC") Chapter 13.08 requires City
Council to discretionarily review and approve or deny all new or replacement wells in
the City; and
WHEREAS, the purpose of Chapter 13.08 is to provide for the construction, repair,
modification, and destruction of wells in such a manner that the groundwater of the
City will not be contaminated or polluted and that water obtained from wells will be
suitable for beneficial use and will not jeopardize the health, safety or welfare of the
people of the City; and
WHEREAS, by virtue of its police power, the City has the authority to impose
conditions of approval on new or replacement wells to protect the public health,
safety, and welfare; and
WHEREAS, specifically, AGMC section 13.08.040 requires the City Council to
consider, in its discretion, approval for new or replacement wells or abandonment of
existing wells. Approval to drill a well within the City boundaries may be granted if the
City Council determines: 1) the well will neither deplete nor contaminate the City
water supply; and 2) service from the City's water system is neither practical nor
feasible; and
WHEREAS, the City Council held a noticed, continued public hearing on May 28,
2024, to consider the Well Application; and
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RESOLUTION NO. 5398
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WHEREAS, the City Council approved the Well Application on May 28, 2024, subject
to certain conditions of approval ("Original Conditions") in the resolution adopted by
City Council on May 28, 2024; and
WHEREAS, following the approvalof.the Well-Application, Michael Harris's newest
legal counsel, Paul Beard II, sent a letter on June 19, 2024, to the City objecting to
certain Original Conditions imposed (Original Conditions 6, 7, 8, 9, 13, 14, 15), and
those conditions were subsequently negotiated between the parties; and
WHEREAS, Michael Harris, through his legal counsel, proposed and has
represented agreement with revised conditions of approval, attached hereto as
Exhibit "A"; and
WHEREAS, Michael Harris, through his legal counsel, requested that the conditions
of approval be heard again by City Council so that the conditions of approval could
be revised and approved, which requires a new public hearing; and
WHEREAS, the City Council held a noticed new public hearing on the Well
Application on November 12, 2024, to consider revising the conditions of approval;
and
WHEREAS, City Staff has conducted a thorough review of the Well Application and
the City Council incorporates the analysis of the Staff Report dated November 12,
2024, prepared by the Community Development Director as part of the passage of
this Resolution and relating to the same Well Application; and
WHEREAS, the Resolution imposes conditions of approval on the Well Application
to mitigate potential impacts of the proposed well, and requires compliance with laws
relating to the construction, repair, modification, and destruction of wells; and
WHEREAS, the City finds that the conditions of approval are reasonable, clearly
articulated, and bear an essential nexus and rough proportionality to the impacts of
the proposed project; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande, as follows:
1. RECITALS. The foregoing recitals are true and correct and are incorporated
herein.
2. CEQA FINDINGS. The City Council finds that the revision to the conditions of
approval for the installation of a domestic water well is categorically exempt
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RESOLUTION NO. 5398
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from further review under the California Environmental Quality Act(CEQA)per
State CEQA Guidelines Section 15303, Class 3 (New Construction or
Conversion of Small Structures.) This Project falls within the Class 3
exemption because approval of the. Project would result in the installation of
one small well structure._Furthermore, none of the exceptions outlined in State
CEQA Guidelines section 15300.2 apply here. There is no. possibility of a
significant cumulative impact because only one domestic well is necessary to
serve any future proposed residential use on the Project site. There is no
unusual circumstances such as unusual resources, an unusual location, or
unusual physical qualities inherent to the Project site that might result in
significant impacts. The Project area is developed and does not contain any
environmentally sensitive areas. The Project would not damage any scenic
resources, including trees, historic buildings, rock outcroppings or similar
resources, within a highway officially designated as a state scenic highway.
The Project is not located on a hazardous waste site or any other site included
on a list compiled pursuant to Government Code section 65962.5 and the
Project will not cause a substantial adverse change in the significance of a
historical resource because there are no historical resources near the
proposed Project. Therefore, the Project is categorically exempt from CEQA
and no further environmental review is required.
City Council directs staff to file a Notice of Exemption with the County Clerk
and State Clearinghouse within five days of this Resolution.
3. Well Application. This resolution revises the conditions of approval for the
approved application to drill and install one (1) new domestic supply well at
the property located northeast of the intersection of Noyes Road and
Equestrian Way (APN: 007-781-055), subject to the revised conditions as set
forth in Exhibit "A", attached hereto and incorporated herein by this reference.
4. Findings. The revisions to the conditions and approval of the well application
is based on the findings required by AGMC Section 13.08.040 and made
below, and no other changes are proposed to the City Council's May 28, 2024
approval of the well application with the exception of the revised conditions set
forth herein:
a. The drilling and operation of the well will neither deplete nor
contaminate the City water supply because:
i. The proposed well does not access the same aquifer utilized
by the City's wells, and no interference or depletion of the
City's water system is anticipated.
ii. The proposed well will not impact adjacent properties
because the owner will be required to obtain County
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RESOLUTION NO. 5398
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Environmental Health approval, be located at least 100 feet
from septic system areas, and be metered to determine
annual water usage.
iii. The conditions of approval limit the well approval to the
parcel identified and do not allow development that would be
-created through future subdivisions, which prevents the
impact of significant water usage expansion and protects the
interests of the community who rely on a safe and reliable
water supply.
b. Service from the city water system is neither practical nor feasible
because:
i. The proposed well is on property that is predominantly
covered by native oak woodland, includes steeper slopes
and includes significant existing rock outcroppings, which
when taken together require significant construction
challenges in avoiding impacts from a City water system
infrastructure extension for a single family residence.
ii. Although the Subject Property is immediately adjacent to the
City's Reservoir No. 5 and is within the City's boundaries, and
would not require any easements or improvements to
existing City infrastructure, a direct water service connection
for a single-family residence would necessitate construction
of a service line that would have potential impacts to sensitive
resources such as native oak woodland and existing rock
outcroppings.
iii. The proposed well would require minor infrastructure that
would not impact sensitive resources on the property.
5. CUSTODIAN OF RECORDS. The documents and materials associated with
this Resolution that constitute the record of proceedings on which these
findings are based are located at City Hall, 300 E Branch St Arroyo Grande
CA 93420. The Director of Community Development is the custodian of
records for the record of proceedings.
On motion of Council Member Secrest, seconded by Council Member Barneich, and
on the following roll call vote, to wit:
AYES: Council Members Secrest, Barneich, and Guthrie
NOES: None
ABSENT: Council Member George, and Mayor Ray Russom
The foregoing Resolution was passed and adopted this 12th day of November 2024.
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RESOLUTION NO. 3�S
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AREN RAY RUSSOM, MAYOR
ATTEST:
4411FSSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
MATTHEW DOWNING, ITY MA�1L aER
APPROVED AS TO FORM:
II-OSEN, CITY ATTORNEY
PF-
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RESOLUTION NO. 5398
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EXHIBIT "A"
REVISED CONDITIONS OF APPROVAL
ONE (1).NEW DOMESTIC SUPPLY WELL
NORTHEAST CORNER OF NOYES ROAD AND EQUESTRIAN WAY
APN: 007-781-055 •
GENERAL CONDITIONS:
1. The applicant shall ascertain and comply with all State, County and City
requirements as are applicable to this project.
2. The project shall occur in substantial conformance with the application and
plans on file in the Community Development Department office.
3. The applicant shall comply with all the conditions of the City Council
Resolution adopted on November 12, 2024, as well as the terms, conditions,
and standards specified in the written permit issued by the County of San Luis
Obispo Public Health Department.
4. To the extent permitted by law, Applicant shall defend, indemnify and hold
harmless the City of Arroyo Grande, its City Council, its officers, employees
and agents (the "indemnified parties") from and against any claim, action, or
proceeding brought by a third party against the indemnified parties and the
applicant to attack, set aside, or void any permit or approval for this project
authorized by the City, including (without limitation) reimbursing the City its
actual attorney's fees and costs in defense of the litigation. The City may, in
its sole discretion, elect to defend any such action with attorneys of its choice.
The Applicant shall reimburse the City for any court and attorney's fees which
the City may be required to pay as a result of any claim or action brought
against the City related to this permit or approval. Although the Applicant is
the real party in interest in an action, the City may, at its sole discretion,
participate at its own expense in the defense of the action, but such
participation shall not relieve the Applicant of any obligation under this
condition.
5. This approval shall expire on November 12, 2026 unless a drilling permit is
obtained from the County of San Luis Obispo Public Health Department. Time
extensions may be requested in conformation with the Arroyo Grande
Municipal Code.
6. This domestic well approval is valid for the parcel identified by APN 007-781-
055 and for any beneficial use on said parcel allowed by the law.
7. The applicant shall install a meter on the well head that monitors all water
drawn from the well and report annual pumping amounts as of December 31St
to the City Public Works Department by January 31st of the following year.
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8. A copy of the well/driller report required by the provisions of Section 13751 of
the Water Code of the State shall be Submitted to the Public Works
Department upon completion of the construction of the well.
•
9. The applicant shall obtain permits for all electrical connections required for the
new well pumps.
10. The applicant shall produce survey verification that the distance of the well to
any septic system (leach field) is greater than 100 feet to the satisfaction of
the Director of Public Works.
11. During any period of noncompliance with these conditions, the well will be
subject to the penalties and remedies of the Arroyo Grande Municipal Code.
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-OFFICIAL CERTIFICATION
• I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County-of San Luis
Obispo,State of California; do hereby certify under penalty of perjury, that the attached
Resolution No. 5398 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 12th day of November, 2024.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of
November, 2024.
JESSICA MATSON, CITY CLERK