CC 2015-04-28_08d NKT_Well Replacement Q NRROVO
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* JULY 10. 1911 *
41 F0% \ MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, DIRECTOR OF COMMUNITY DEVELOPMENT
BY: MATTHEW DOWNING, ASSISTANT PLANNER
SUBJECT: CONSIDERATION OF A RESOLUTION APPROVING AN APPLICATION
BY NKT COMMERCIAL TO DRILL AND INSTALL REPLACEMENT
AGRICULTURE WELL ON A PROPERTY ZONED AGRICULTURE;
LOCATION — 1189 FLORA ROAD (APN 007-761-032); STAFF
PROJECT CASE NO. 15-002
DATE: APRIL 28, 2015
RECOMMENDATION:
It is recommended the City Council adopt a Resolution approving the application by
NKT Commercial to drill and install a replacement agriculture well on a property zoned
Agriculture (AG) located at 1189 Flora Road (APN 007-781-032).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
None.
BACKGROUND:
The applicant has purchased an approximately 10 acre property zoned AG. The
property includes a residence and is currently farmed. The applicant intends to
establish a new separate agricultural use involving plant propagation. Currently, there is
one (1) well on the property that is aging and the property owner desires to replace it
before the casing falls into disrepair. Arroyo Grande Municipal Code (AGMC) Chapter
13.08 requires Council approval for new or replacement wells or abandonment of
existing wells.
ANALYSIS OF ISSUES:
The purpose of the City's regulation of the construction, repair, modification and
destruction of wells is to protect groundwater from contamination or pollution, ensure
the water is suitable for beneficial use, and will not jeopardize the health, safety or
welfare of the public. Approval to drill a well may be granted if the Council determines
that the drilling and operation of the well:
1) will not deplete nor contaminate the City water supply; and
2) service from the City's water system is neither practical nor feasible.
Depletion or Contamination
It is staff's opinion that the proposed replacement well will not deplete or contaminate
the City water supply based upon the proposed depth and location. Conditions of
Item 8.d. - Page 1
CITY COUNCIL
CONSIDERATION OF A RESOLUTION APPROVING AN APPLICATION BY NKT
COMMERCIAL TO DRILL AND INSTALL REPLACEMENT AGRICULTURE WELL ON A
PROPERTY ZONED AGRICULTURE
APRIL 24, 2015_
PAGE 2
approval for this project also protect the water supply by requiring the applicant to install
a backflow protection device and properly abandon the existing on-site well.
Practicality of Supply from the City's Water System
The City currently does not serve agricultural lands with potable water for irrigation
purposes. The property is connected to the City's water system for domestic use;
however, a separate connection to the City water system would be required to irrigate
the 9 acres of farmland. A properly sized meter would be a substantial cost to the
applicant. For these reasons, it is not practical to supply agriculture water from the
City's water system.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
• Adopt the attached Resolution to allow the drilling and installation of the
replacement well;
• Modify and adopt the attached Resolution to allow the drilling and installation of
the replacement well;
• Do not adopt the Resolution, provide specific findings, and direct staff to return
with a Resolution denying the drilling and installation of the replacement well; or
• Provide direction to staff
ADVANTAGES:
Water for applied irrigation is a separate component of the safe yield of the groundwater
basin and is not included in the City's groundwater entitlement. In addition, allowing the
drilling of a well for agricultural purposes is consistent with the following General Plan
Policies:
Ag2-1 Maintain water resources for production agriculture, both in quality and in
quantity, so as to prevent the loss of agriculture due to competition for water with
urban development.
Ag2-1.2 Support efforts to provide needed surface and/or ground water
resources for agricultural irrigation to those properties zoned Agriculture, Very
Low Density and Low Density.
The provision for a new well assists the property in remaining in active agricultural
production consistent with the General Plan.
DISADVANTAGES:
Even though irrigation is a separate component of the safe yield of the groundwater
basin and does not count against the amount of water for the urban users, a new
replacement well would allow for additional groundwater use. However, as explained
Item 8.d. - Page 2
CITY COUNCIL
CONSIDERATION OF A RESOLUTION APPROVING AN APPLICATION BY NKT
COMMERCIAL TO DRILL AND INSTALL REPLACEMENT AGRICULTURE WELL ON A
PROPERTY ZONED AGRICULTURE
APRIL 24, 2015
PAGE 3
above, additional groundwater use for the purposes of agricultural irrigation is clearly
consistent with the City's General Plan. Alternatively, supplying agricultural irrigation
with domestic water would count against the City's supply for urban users. The City's
current water supply analysis also does not account for this connection, which could use
a substantial amount of water per year depending on the specific crop and irrigation
method.
ENVIRONMENTAL REVIEW:
Staff has reviewed the proposed project in accordance with the California
Environmental Quality Act (CEQA) and determined that the project is categorically
exempt per Section 15303 of the CEQA Guidelines.
PUBLIC NOTIFICATION AND COMMENTS:
The agenda was posted at City Hall on April 23, 2015. The agenda and staff report were
posted on the City's website on April 24, 2015. No comments have been received.
Attachments:
1. Site plan showing the approximate location of the proposed well.
Item 8.d. - Page 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE APPROVING AN APPLICATION
TO DRILL A REPLACEMENT AGRICULTURE WELL ON A
PROPERTY ZONED AGRICULTURE (STAFF PROJECT
CASE NO. 15-002); LOCATED AT 1189 FLORA ROAD
(APN 007-781-032); APPLIED FOR BY NKT
COMMERCIAL
WHEREAS, on March 27, 2015, NKT Commercial submitted a request to drill a
replacement well for agricultural purposes at 1189 Flora Road; and
WHEREAS, Arroyo Grande Municipal Code Chapter 13.08 requires City Council review
and approval of all new wells; and
WHEREAS, the City Council has considered the application to drill a replacement well and
finds the well will not deplete nor contaminate the City water supply based upon the use,
design, depth and placement; and
WHEREAS, the City Council finds that service from the City's water system is neither
practical nor feasible for agricultural purposes due to associated costs, established
General Plan policies and existing water supply agreements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
does hereby approve Staff Project Case No. 15-002 authorizing the drilling and installation
of an agricultural well at 1189 Flora Road, with the above findings and subject to the
conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this
reference.
On motion by Council Member , seconded by Council Member , and by the
following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 28th day of April, 2015.
Item 8.d. - Page 4
RESOLUTION NO.
PAGE 2
JIM HILL, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
ROBERT McFALL, INTERIM CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.d. - Page 5
RESOLUTION NO.
PAGE 3
EXHIBIT"A"
CONDITIONS OF APPROVAL
STAFF PROJECT CASE NO. 15-002
This approval authorizes the drilling and construction of a replacement agricultural well
at 1189 Flora Road.
GENERAL CONDITIONS:
1. The applicant shall ascertain and comply with all State, County, and City
requirements as are applicable to the project.
2. The project shall occur in substantial conformance with the application materials
submitted to the Community Development Department.
3. The applicant shall comply with all Conditions of Approval for Staff Project Case
No. 15-002, 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. This approval shall expire on April 24, 2017 unless a drilling permit is obtained from
the County of San Luis Obispo Public Health Department. Time extensions may be
requested in conformation with Subsection 16.12.140.0 of the Arroyo Grande
Municipal Code.
5. To the full extent permitted by law, the applicant shall indemnify, defend and hold
harmless the City, its agents, officers, and employees because of the issuance of
said approval, or in the alternative, to relinquish such approval. The applicant
shall reimburse the City, its agents, officers, or employees, for any court costs
and attorney's fees which the City, its agents, officers or employees may be
required by a court to pay as a result of such action. The City may, at its sole
discretion, participate at its own expense in the defense of any such action but
such participation shall not relieve the applicant of his/her obligations under this
condition.
6. The applicant shall install a backflow prevention device to the satisfaction of the
Director of Public Works.
7. A copy of the well-driller report required by the provisions of Section 13751 of the
Water Code shall be submitted to the Community Development Department upon
the completion of the construction of the well.
8. The applicant shall abandon all existing wells on site and supply the Community
Development Department with a letter approving said abandonment from the
County of San Luis Obispo Public Health Department.
9. The applicant shall obtain an electrical permit is required for the new well pump.
Item 8.d. - Page 6
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Item 8.d. - Page 8