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CC 2015-04-28_08d NKT_Well Replacement Q NRROVO INCORPORATED 92 rn V D * 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 (FZ� g � 4 "z as 3 W e P���I�,3X� a 0 2 � wz J\) F Li— 0 H ILK I a m �a(°e 5g3k p4 0 €9 . / _ :u ',�"gym R a G b3 a 8 a'J 3q °g�g•9 B W 9E F�_ I�gY Z_ Q 7a� mom 1 W �$� i z y a ee a nFke ti i�-�-, _�Z a ��N: Wy3 g as Cn �� g Y _W '9 U 9 a m 'a a � • a q� X �_� f� 5€ F g III y �p U � yy gg o Iy � �' j 2 a Z Y 45n 'G W �` W Hipp@ °` 'L-1(n 9 C N aaHr N�f ps z a ° J a w a=4 s 1 a 0 a oll, ¢ S�� ���$ r"��g Q �a� � � �Q $ E B }a a n�f e d iz 4 1 a€ , 3� �" ������ � a� ¢U a � 0 use ' �� @b ass s$R jai . 8€ _ �aaan H W oP P J 2 e n°,s- as 2 i�� a � °E' yyqy ��++�� [$@jy# °S�r 3�gt�j I�j�.}8 a' E'2o O Ey Q j Co 2 FY . 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