HomeMy WebLinkAboutCC 2025-03-11_10a Amendment re Regulation of Water WellsItem 10.a.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Director of Community Development
BY: Patrick Holub, Associate Planner
SUBJECT: Amendments to Title 13 of the Arroyo Grande Municipal Code
Regarding the Regulation of Water Wells
DATE: March 11, 2024
RECOMMENDATION:
1) Introduce by title only and waive further reading of an Ordinance amending Chapter
13.08 of the Arroyo Grande Municipal Code regarding regulations for the installation,
maintenance, and destruction of wells titled “AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 13.08 OF THE ARROYO
GRANDE MUNICIPAL CODE REGARDING WATER WELLS”; and
2) Find that the Ordinance is exempt from the California Environmental Quality Act
(CEQA) because it will not result in a direct, or reasonably foreseeable indirect, physical
change in the environment (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15061,
subd. (b)(3); 15307; 15308; and 15378, subd. (b)(5)).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No financial impact is projected.
BACKGROUND:
The Arroyo Grande City Council adopted Ordinance 576 on November 22, 2005 , which
is codified in Chapter 13.08 of the Arroyo Grande Municipal Code. This Chapter regulates
the creation of new wells in the City, as well as the destruction of existing or abandoned
wells. This proposed ordinance updates and clarifies the City’s regulation of water wells
within the City, including the responsibilities of the City and San Luis Obispo County
Environmental Health Services Department (County). Currently, the City Council
considers approval of new or replacement wells. This proposed ordinance before City
Council would modify that process to place initial review of new well applications with the
Planning Commission.
During hearings associated with the consideration of a domestic well application in 2024,
the City Council and staff noted that the existing ordinance would benefit from an update
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Item 10.a.
City Council
Amendments to Title 13 of the Arroyo Grande Municipal Code Regarding the
Regulation of Water Wells
March 11, 2025
Page 2
and clarification of the well permit process, definitions, and other modifications to provide
a more simplified and clear framework for the community and decision makers.
Therefore, staff has returned with proposed amendments for this purpose. Staff is
recommending the ordinance remain under Title 13, recognizing the unique role of well
applications that touch both the Public Works and Community Development Departments.
By remaining under Title 13, the health and safety regulations associated with well
permits are proximate to other local laws on water service and water conservation efforts.
ANALYSIS OF ISSUES:
Proposed Revisions
The proposed revisions aim to simplify the permit process and responsibilities, clarify the
justification for well approvals, and align with current environmental and public health
priorities. Below are the key changes:
1. Title Simplification:
The chapter title was shortened from "Water Wells" to "Wells," reflecting a broader
scope that encompasses various well types beyond just water wells.
2. Purpose and Intent Expansion:
Section 13.08.010’s purpose was expanded to emphasize the intent of the City
Council to prevent depletion or other adverse impacts to the City’s water supply,
and reflect the intent that any construction, repair, modification, or destruction of
wells should not adversely impact the health, safety, or welfare of City residents or
visitors.
3. Administrative Authority Established:
A new Section 13.08.011 was added, designating the Director of Community
Development (or designee) as the administrative authority, clarifying responsibility
for the initial review of submitted well applications, as well as the enforcement and
execution of the Chapter.
4. Refined Definitions:
Several definitions in Section 13.08.020 were updated to provide additional clarity
to applicants. As above, the administrative authority is defined and placed with the
Director of Community Development. A new definition of “agricultural well” clarifies
that this well references commercial production of crops or livestock. Additional
clarity was added to the definitions of “private domestic well” and “irrigation well ,”
also. The definition of what constitutes a “well” also includes more descriptive
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Item 10.a.
City Council
Amendments to Title 13 of the Arroyo Grande Municipal Code Regarding the
Regulation of Water Wells
March 11, 2025
Page 3
language of various activities. Finally, separate definitions were created between
the County permit and the City permit, to aid the public in understanding the
requirements associated with building a well within the City.
5. Permitting Process Enhancements:
Staff coordinated with County staff to ensure the permit process in the ordinance
reflects the permitting process and the County’s distinct role. Section 13.08.030
notes that approvals are required from both the County, which issues a
construction permit, and the City, which issues a discretionary well permit that,
under these revisions, would be approved by the Planning Commission. The
Planning Commission’s decision may be appealed to the City Council.
6. Detailed Permit Submittal Requirements:
Section 13.08.040 was expanded with specific submittal requirements, including a
completed application, plot plan, hydrogeologist report, and well capacity
estimates, ensuring thorough evaluation of well impacts. The approval of the City’s
well permit is contingent on the well being constructed and used in a manner
consistent with those plans.
This section also clarifies the duration that the permit is valid before construction
is complete. The applicant has two years to complete construction, with two
optional one-year extensions when justified by exceptional circumstances.
7. Clarification of Connection Restrictions:
conditions were added that are applicable to private irrigation, agricultural, and
domestic wells. For private irrigation and agricultural wells, applicants are required
to demonstrate the proposed well will not contaminate the City’s water supply nor
impact the volume and distribution and that proposed wells will be used as
described in the application. Meanwhile, private domestic well applicants must
demonstrate that City water service cannot reasonably be provided to the project
site, and that the well is only for the use described in the application .
Private domestic wells and private irrigation or agricultural wells in adjudicated
areas of the Northern Cities Management Area (NCMA) of the Santa Maria River
Groundwater Basin (SMGB) shall not be considered, unless considering such well
is otherwise required by law, protecting managed groundwater resources.
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Item 10.a.
City Council
Amendments to Title 13 of the Arroyo Grande Municipal Code Regarding the
Regulation of Water Wells
March 11, 2025
Page 4
8. Inspection and Enforcement Updates:
Section 13.08.050 now references revocation procedures per Chapter 16.16.220
if violations occur, strengthening enforcement mechanisms.
Section 13.08.060 expands examples of public nuisances (e.g., excessive
pumping, improper abandonment), providing clearer abatement criteria.
9. Well Destruction Procedures:
A new Section 13.08.071 formalizes the process for well destruction, requiring a
County permit, City inspection, and submission of a Certificate of Destruction
within 30 days, ensuring proper closure of unused wells.
Overall Impact:
The revisions reflect a more robust and clear regulatory framework, emphasizing
protection of the City’s water supply, including groundwater protection, public health, and
integration with the City water systems, while aligning with state laws and local
environmental concerns. The proposed amendments will avoid environmental impacts
through preservation of the City water supplies and water quality and the prevention of
trenching and grading. Private domestic, irrigation and agricultural wells are associated
with higher levels of water use and potential for contamination. These code amendments
will help limit the impacts to City groundwater supplies.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Introduce and conduct the first reading of the proposed Ordinance by title only and
waive further reading;
2. Modify as necessary and introduce the Ordinance; or
3. Provide other direction to staff.
ADVANTAGES:
Revisions to the Ordinance governing City wells will help to improve clarity of the
application process for both applicants and City, including a clearer procedure, necessary
findings and applicable conditions of approval associated with that use. Generally, most
potential water users will now be required to connect to the City’s water supply, unless
actual practical inability to connect to such supply can be demonstrated.
DISADVANTAGES:
New requirements are applicable to well applications moving forward, and this ordinance
will modify the procedure for well applications to place initial review with the Planning
Commission rather than the City Council, creating new matters for the Planning
Commission’s consideration.
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Item 10.a.
City Council
Amendments to Title 13 of the Arroyo Grande Municipal Code Regarding the
Regulation of Water Wells
March 11, 2025
Page 5
ENVIRONMENTAL REVIEW:
It has been determined that this Ordinance is exempt from CEQA under State CEQA
Guidelines section 15061(b)(3), which exempts projects from CEQA “[w]here it can be
seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment.” In the alternative, the Ordinance does not qualify
as a “project” under CEQA because it will not result in a direct or reasonably foreseeable
indirect physical change in the environment. (State CEQA Guidelines section 15060,
subd. (c)(2), (3).) Section 15378 of the State CEQA Guidelines defines a project as the
whole of an action, which could potentially result in either a direct physical change, or
reasonably foreseeable indirect physical change, in the environment. Adopting the
Ordinance relates to organizational or administrative activities of governments that will
not result in direct or indirect physical changes in the environment, and therefore is not a
project within the meaning of the California Environmental Quality Act (“CEQA”) an d the
State CEQA Guidelines, section 15378(b)(5). Here, the ordinance will not result in any
construction or development, and it will not have any other effect that would physically
change the environment. Approval of the Ordinance therefore does not qualify as a
project subject to CEQA. Finally, the Ordinance is adopted with the intent to protect
natural resources and the environment, specifically the City’s water resources. This
Ordinance will regulate and restrict the installation of private, domestic, irrigation and
agricultural wells for nonresidential, residential, and mixed uses. Accordingly, this
Ordinance is also categorically exempt under either State CEQA Guidelines section
15307 or 15308.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2. A public hearing notice was published in the New
Times on Friday, February 27, 2025.
ATTACHMENTS:
1. Proposed Ordinance
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ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING CHAPTER 13.08 OF THE
ARROYO GRANDE MUNICIPAL CODE REGARDING
WATER WELLS
WHEREAS, on February 27, 2001, the City of Arroyo Grande City Council (“City
Council”) adopted Ordinance 524 to define a community supply well ; and
WHEREAS, on November 22, 2005, the City Council adopted Ordinance 576 to
further regulate the installation of private, domestic, irrigation and agricultural wells; and
WHEREAS, the foregoing Ordinance was incorporated into the Arroyo Grande
Municipal Code as Chapter 13.08; and
WHEREAS, this Ordinance amends Chapter 13.08 to add restrictions on the
installation and maintenance on private, domestic, irrigation and agricultural wells to
prevent contamination or depletion of the City’s groundwater supplies , as well as
modifying the discretionary review authority and creating a new administrative authority;
and
WHEREAS, the City Council of the City of Arroyo Grande, at its regularly
scheduled public meeting on March 11, 2025 introduced this Ordinance to amend
Chapter 13.08 of Title 13 of the Arroyo Grande Municipal Code; and
WHEREAS, the regulation of wells within the City is necessary to protect the City’s
water supply from contamination or pollution; and
WHEREAS, the regulation of wells within the City is necessary to protect the City’s
water supply from depletion or degradation or loss of volume, which would impact delivery
to customers; and
WHEREAS, the regulation of wells within the City is essential more generally to
other potential impacts to the public health and safety; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1. Incorporation. The above recitals are true and correct and are
incorporated herein by this reference.
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ORDINANCE NO.
PAGE 2
SECTION 2. Environmental.
The City Council finds this Ordinance is exempt from CEQA under State CEQA
Guidelines section 15061(b)(3), which exempts projects from CEQA “[w]here it can be
seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment.”
In the alternative, the City Council finds that the Ordinance does not qualify as a
“project” under CEQA because the Ordinance will not result in a direct or reasonably
foreseeable indirect physical change in the environment. (State CEQA Guidelines section
15060, subd. (c)(2), (3).) Section 15378 of the State CEQA Guidelines defines a project
as the whole of an action, which could potentially result in either a direct physical change,
or reasonably foreseeable indirect physical change, in the environment. Her e, the
Ordinance will not result in any construction or development, and it will not have any other
effect that would physically change the environment. The Ordinance therefore does not
qualify as a project subject to CEQA.
Adopting the Ordinance relates to organizational or administrative activities of
governments that will not result in direct or indirect physical changes in the environment,
and therefore is not a project within the meaning of the California Environmental Quality
Act (“CEQA”) and the State CEQA Guidelines, section 15378(b)(5).
Finally, the Ordinance is adopted with the intent to protect natural resources and
the environment, specifically the City’s water resources. This Ordinance will regulate and
restrict the installation of private, domestic, irrigation and agricultural wells for
nonresidential, residential, and mixed uses. Accordingly, this Ordinance is categorically
exempt under either State CEQA Guidelines section 15307 or 15308.
SECTION 3. General Plan Consistency. The Ordinance’s amendments to the
AGMC are consistent with the General Plan and necessary and desirable to implement
the provisions thereof. Specifically, agricultural element objective AG2 -3 requires the City
to ensure that urban land use and development projects result in no net decrease in
groundwater recharge and on adverse impact on agricultural water supplies. For this
reason, the Ordinance’s amendments to the AGMC are consistent with the general plan
and necessary and desirable to implement the provisions thereof.
SECTION 4. Code Amendment. Chapter 13.08 of the Arroyo Grande Municipal
Code is hereby amended and restated to read in its entirety as provided in Exhibit “A -1,”
attached hereto and incorporated herein by reference.
SECTION 5. Publication. A summary of this Ordinance shall be published in a
newspaper published and circulated in the City of Arroyo Grande at least five days prior
to the City Council meeting at which the proposed Ordinance is to be adopted. A certified
copy of the full text of the proposed Ordinance shall be posted in the office of the City
Clerk. Within 15 days after adoption of the Ordinance, the summary with the names of
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ORDINANCE NO.
PAGE 3
those City Council members voting for and against the Ordinance shall be published
again, and the City Clerk shall post a certified copy of the full text of such adopted
Ordinance.
SECTION 6. Effective Date. This Ordinance shall become effective 30 days after
adoption.
SECTION 7. Severability. Should any provision of this Ordinance, or its
application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have
no effect on any other provision of this ordinance or the applicat ion of this ordinance to
any other person or circumstance, and, to that end, the provisions hereof are severable.
The City Council declares that it would have adopted all the provisions of this Ordinance
that remain valid if any provisions of this Ordinance are declared invalid.
SECTION 8. Records. The documents and materials associated with this
Ordinance that constitute the record of proceedings on which the City Council’s findings
and determinations are based are located at 300 E. Branch Street, Arroyo Grande, CA
93420. The City Clerk is the custodian of the record of proceedings.
On motion by Council Member ______, seconded by Council Member _______, and by
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this _____ day of _____, 2025.
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ORDINANCE NO.
PAGE 4
___________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
___________________________________
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
___________________________________
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
___________________________________
ISAAC ROSEN, CITY ATTORNEY
Page 449 of 456
ORDINANCE NO.
PAGE 5
EXHIBIT A-1
Chapter 13.08 WELLS
13.08.010 Purpose and Intent.
It is the purpose of this chapter to provide for the construction, repair, modification
and destruction of wells in such a manner that the City’s water supply will not be
contaminated, polluted, or depleted and will not otherwise jeopardize the health, saf ety
or welfare of the people living or visiting the City.
13.08.011 Administrative Authority.
The Director of Community Development, or the Director’s designee, is charged
with the responsibility of administering this chapter and executing the authority
conferred thereby.
13.08.020 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context,
certain words and phrases used in this chapter are defined as follows:
"Abandoned" or "abandonment" shall apply to a well which has not been used for a
period of one year, unless the owner declares in writing to the Administrative Authority
and Health Officer his or her intention to resume use of the well for supplying water or
other related purposes, such as an observation well or injection well, and the
Administrative Authority and Health Officer each approves such declaration in their
reasonable discretion. All such declarations shall be renewed annually. Test holes and
exploratory holes shall be considered abandoned twenty-four (24) hours after
construction work has been completed, unless otherwise approved by the
Administrative Authority and Health Officer.
“Administrative Authority” means the Director of Community Development of the
City of Arroyo Grande, or the Director’s designee.
"Agricultural well" means a well located on a property with an approved or permitted
land use that supplies water for the irrigation of commercial crops or a well that supplies
water for the use of livestock bred for commercial purposes.
"Cathodic protection well" means any artificial excavation more than fifty (50) feet
deep for the purpose of installing equipment or facilities for the electrical protection of
metallic equipment in contact with the ground, commonly referred to as cathodic
protection.
“City Council” means the City Council of the City of Arroyo Grande.
“City water supply” means the totality of potable or non-potable water resources
owned, operated, managed, or contractually obtained by the City.
"Completion" or "completion operation" means any work conducted after artificial
excavation, including:
1. The replacement of the well casing;
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ORDINANCE NO.
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2. Gravel packing;
3. Sealing;
4. Casing perforation; or
5. Other operations deemed necessary by the Health Officer.
"Contamination" means the introduction of any physical, chemical, biological or
radiological substance or matter to water or soil that could harm people or property.
“County” means the San Luis Obispo County Environmental Health Services
Division, or as that division may be renamed by the County of San Luis Obispo.
"Destruction" or "destroy" means the complete filling of a well in such a manner that
it will not produce water or act as a conduit for the interchange of water.
“Health Officer” means the health officer of the San Luis Obispo County
Environmental Health Services Division.
“Planning Commission” means the Planning Commission of the City of Arroyo
Grande.
“Private domestic well” means a well that supplies groundwater for the domestic
needs of an individual residence, or a water system that is not a public water system
because it has no more than four (4) service connections. This includes private
domestic irrigation.
“Irrigation well" means a private well that supplies water for landscaping, including
sports fields and common area residential or commercial landscaping, bu t not including
commercial agriculture.
"Modification" or "repair" means the deepening of a well or the reperforation,
sealing or replacement of a well casing or the increase in capacity of the well, or any
other physical alteration of a well.
"Observation well" means a well that is used for monitoring or sampling the
condition of a water-bearing aquifer, such as water pressure, depth, movement, or
quality.
"Person" means and includes any person, firm, association, corporation,
organization, partnership, business trust, company, or special district formed under the
laws of the State.
"Pollution" means a contaminant that impairs the quality of water to a degree that it
creates a hazard to public health and safety.
"Public nuisance," under this chapter, means any well that threatens to impair the
quality of City’s water supply, cause contamination or pollution, or otherwise jeopardizes
the health and safety of the public.
"Salt water (hydraulic) barrier well" means a well that is constructed to extract or
introduce water into the ground as a means of preventing intrusion of salt water into a
fresh water-bearing aquifer.
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ORDINANCE NO.
PAGE 7
"Test hole" or "exploratory hole" means an excavation used for determining the
nature of underground geological or hydrological conditions, whether by seismic
investigation, direct observation, or any other means.
"Well" means any bored, drilled, driven shaft, or dug hole that is deeper than its
widest surface dimension. Wells shall include, but shall not be limited to, community
water supply wells, private domestic wells, industrial wells, agricultural wells, irrigation
wells, cathodic protection wells, electrical grounding wells, test and exploratory holes,
observation wells and salt water (hydraulic) barrier wells, and other wells whose
regulation is necessary to fulfill the purpose of this chapter. This definition does not
include:
1. Oil and gas wells or geothermal wells constructed under the jurisdiction of the
Department of Conservation of the State, except those wells converted to use
as water wells;
2. Wells used for the purpose of:
a. Dewatering excavations during construction,
b. Stabilizing hillsides or earth embankments; or
3. The following artificial excavations:
a. Drill holes for soil testing purposes where such holes are less than twenty-
five (25) feet in depth,
b. Holes or excavations for soil percolation tests,
c. Drill holes for seismic exploration where such drill holes are less than
twenty-five (25) feet in depth; and
d. Excavations for drainage percolation purposes.
"Well-drilling contractor" means a contractor licensed in accordance with the
provisions of the Contractors State License Law, Chapter 9 (commencing with Section
7000) of Division 3 of the California Business a nd Professions Code, as may be
amended from time to time.
“Well construction permit” means a permit issued by the San Luis Obispo County
Environmental Health Department for construction of a well.
“Well Use Permit” means a discretionary use permit (Minor Use Permit/Plot Plan
Review) issued by the City of Arroyo Grande to allow a well as a use on a property.
13.08.030 Acts prohibited—Permits required.
A. No person shall dig, bore, drill, construct, repair, modify, deepen, or destroy any
well in the City unless such person possesses a valid well construction permit
issued by the County and receives approval of a City Well Use Permit, unless
otherwise exempted by law. All uses of the well shall be consistent with those
indicated on the application for the Well Use Permit.
B. No person shall dig, bore, drill, construct, repair, modify, deepen, or destroy any
well unless conducted in conformance with the terms, conditions, and standards
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ORDINANCE NO.
PAGE 8
specified in this chapter, the Well Use Permit, and those terms, conditions, and
standards in the written well construction permit issued by the County, unless
otherwise exempted by law.
C. In the event a person violates this section, that person will be subject to penalties
as stated in Chapter 1.16 (Penalty Provisions) of the Arroyo Grande Municipal
Code.
13.08.040 Permits.
A. Submittal Requirements.
Prior to the issuance of any permit, applicants shall submit the following information
to the City to be considered by the Administrative Authority for review and a
determination that the application is complete:
1. A copy of the well construction permit application to the County regarding the
proposed well(s) and proof of payment.
2. Completed application form and payment in full of applicable fees for processing
the application.
3. A digital copy of a plot plan showing the following:
a. Location, exterior boundaries, and dimensions of the entire property that is
the subject of the application.
b. The scale of the drawing and a north arrow.
c. An area location map showing the proposed project site and its distance
from nearby cross streets and natural or man-made landmarks, as
necessary to readily locate the site.
d. The location, dimensions, and use of all existing and proposed structures
on the property, including accessory structures, trash enclosures, decks,
balconies, fences, walls, exterior lighting structures, signs, and other
structural elements that protrude into yard areas. When the use of a
proposed structure is not certain at the time of application, the occupancy
type, as defined in the California Building Code, may be submitted for use.
e. The locations, dimensions, and types of existing and proposed utilities,
including water supply, sewage disposal facilities, electricity, gas, or other
utilities. Existing and proposed public and private easements shall be
shown.
4. A statement from the applicant stating the type of well sought and why the
request for a well should be supported, including any information regarding the
infeasibility of connecting to the City’s water supply.
5. A report from a licensed hydrogeologist or similar licensed professional indicating
that the proposed method, depth and material of the proposed well will not
deplete or contaminate any City water supply.
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ORDINANCE NO.
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6. A good faith estimate of the well capacity, intended uses of the well, and any
available water quality data.
7. Any person who seeks to build or modify a well must possess a valid C57 Water
Well Contractor’s License in accordance with Water Code Section 13750.5, as
may be amended from time to time.
B. Reports. Upon the completion of the construction of each well, a copy o f the well
completion report required by the provisions of Section 13751 of the California
Water Code, as may be amended from time to time, shall be submitted to the City’s
Public Works Department and Community Development Department.
C. Time Limits. An approved Well Use permit expires two years from the date of
issuance, unless the Administrative Authority has determined that well construction
is complete and the well completion report required by Section 13751 of the Water
Code (as may be amended) has been submitted to the California Department of
Water Resources and the Administrative Authority. The Administrative Authority
may, in its reasonable discretion, authorize up to two one-year extensions in cases
of exceptional circumstances that prevented timely construction. Upon expiration of
the permit, no further work shall be done unless and until the applicant receives an
extension from the Administrative Authority or obtains a new permit if an extension
is not granted.
13.08.041 Approval of New Wells
If the Administrative Authority determines the Well Use Permit application is complete,
the Planning Commission may approve the application if the Planning Commission
determines that approval of the Well Use Permit is in the public interest. In evaluating
whether the Well Use Permit is in the public interest, the Planning Commission shall
consider whether: (1) the proposed well will not cause an adverse impact to the public
health or safety, (2) a refusal to grant the Well Use Permit would cause unnecessar y
hardship to the applicant, and (3) special circumstances apply to the property—due to
its, size, shape, topography, location, or surroundings—which makes it impractical or
infeasible to connect to the City’s water supply. The Planning Commission shall not
grant the application if doing so would constitute a special privilege to the applicant not
afforded to other similarly situated properties. When applicable, the Planning
Commission shall also consider the additional standards in consideration of whether to
approve the Well Use Permit as being within the public interest:
A. Adjudicated Areas and Basins. Private domestic wells (new or replacement)
and private irrigation or agricultural wells (new or replacement) shall only be
considered in locations outside of the adjudicated portion of the Northern Cities
Management Area (NCMA) of the Santa Maria River Groundwater Basin
(SMGB), unless otherwise required by law. No private domestic wells or private
irrigation or agricultural wells shall be considered in loca tions within the
adjudicated portion of the Northern Cities Management Area (NCMA) of the
Santa Maria River Groundwater Basin (SMGB), unless otherwise required by
law.
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ORDINANCE NO.
PAGE 10
B. Private irrigation or agricultural wells. Private irrigation or agricultural wells
(new or replacement) shall only be allowed if the applicant has demonstrated the
following:
a. The proposed well will not contaminate the City’s water supply; and
b. The proposed well will not significantly impact the City’s water supply with
regard to volume (ability of City to pump or extract water), quality (impacts
to flow, risks of pollution or contamination), or distribution (ability to
provide potable water to City residents and businesses).
c. The proposed well will be used only as described in the Well Use Permit
application.
C. Private domestic wells. Private domestic wells (new or replacement) shall only
be allowed if the applicant has demonstrated the following:
a. The proposed well will not contaminate the City’s water supply.
b. City water service cannot reasonably be provided to the project site
because the applicant must obtain easements across private property to
the City water mains, and the applicant has demonstrated a good faith
attempt to seek such easements in the opinion of the Administrative
Authority, and the private property owners have refused to grant
easements to the applicant.
c. The proposed well will not significantly impact the City’s water supply with
regard to volume (ability of City to pump or extract water), quality (impacts
to flow, risks of pollution or contamination), or distribution (ability to
provide potable water to City residents and businesses).
d. The proposed well will be used only as described in the Well Use Permit
application.
D. Conditions. If the Planning Commission approves the granting of a Well Use
Permit, it may be issued subject to reasonable conditions designed in furtherance
of the public’s health and safety or to protect property. Such conditions may
include, but are not limited to, quantity and quality testing methods, a
performance bonding requirement, and other rational limitations or restrictions
deemed in the public interest. Any abandoned wells on the property shall be
destroyed as a condition of the issuance of a permit.
E. Notice and Appeals. The decision of the Planning Commission shall be mailed
to all property owners of parcels within three hundred (300) feet of the property
where the well has been proposed. The decision of the Planning Commission
may be appealed to the City Council in accordance with the procedures provided
in Section 16.12.150.
13.08.050 Inspection and Revocation
The applicant shall maintain a copy of the approved permit on the drilling site
during all stages of construction or destruction. The City or its representative may
conduct examinations and investigations to determine whether any provision of this
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ORDINANCE NO.
PAGE 11
chapter is being violated. A City representative may require that each completion,
modification, or destruction operation be inspected prior to any further work. If the City
representative determines that a violation of this chapter has occurred, or the applicant
has misrepresented any material fact in its application or supporting documents, the
City may initiate the revocation procedures associated with Section 16.16.220 and order
a temporary suspension of the permit during the pendency of those proceedings. No
person whose permit has been suspended or revoked shall continue to perform the
work for which the permit was granted unless such permit has been reinstated by the
City.13.08.060 Public nuisances.
In the event a City representative determines that a well constitutes a public
nuisance, he or she shall abate such nuisance in accordance with the provisions of
Section 3494 of the Civil Code of the State and/or City ordinance. Specific actions that
would be considered a public nuisance include contamination of water sources,
improper well construction or abandonment, excessive pumping or depletion of
groundwater, failure to comply with regulatory standards of any governmental agency,
or physical hazards such as leaving wells exposed or unmarked. 13.08.070 Immediate
abatement.
If a City representative finds that immediate action is necessary to prevent either
the pollution, contamination, or depletion of the City water supply or another identifiable
threat to the health or safety of the public, he or she may summarily abate such
nuisance in any manner permissible under the law.
13.08.071 Destruction of Wells
a) The City may condition wells for destruction as part of the discretionary
review process.
b) Wells conditioned by the City to be destroyed shall be properly destroyed
under County of San Luis Obispo Environmental Health Services Division
permit and inspection by the City’s Administrative Authority. Failure to
destroy a well that is conditioned for destruction will constitute a public
nuisance, as defined, and the Administrative Authority will take appropriate
measures to mitigate or abate the nuisance.
c) A Certificate of Destruction issued by the San Luis Obispo County
Environmental Health Services Division shall be submitted to the City within
30 days of issuance.
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