R 4053 RESOLUTION N0.4053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING AN APPLICATION BY SCOTT
TREES TO DRILL A REPLACEMENT IRRIGATION WELL ON A
PROPERTY ZONED AGRICULTURE PRESERVE; APN 007-711-
007; 871_ EAST CHERRY AVENUE (STAFF PROJECT CASE NO.
07-010)
WHEREAS, Scott Trees has submitted an application to drill a replacement well to irrigate crops
at 871 East Cherry Avenue; and
WHEREAS, Municipal Code Chapter 13.08 requires City Council review and approval of all new
wells; and
WHEREAS, the City Council 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 to irrigate agricultural crops 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. 07-010 authorizing the drilling and installation of an
agricultural irrigation well at 871 East Cheny Avenue subject to the conditions as set forth in
Exhibit "A", attached hereto and incorporated herein by this reference.
On motion of Council Member Fellows, seconded by Council Member Guthrie, and on the
following roll call vote, to wit:
AYES: Council Members Fellows, Guthrie, Costello, Arnold, and Mayor Ferrara
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 27"' day of November 2007.
II
RESOLUTION NO.'4053 _
PAGE 2
TONY FE A, MAYOR
ATTEST:
KELLY ET RE, CITY CLERK
APPROVED AS TO CONTENT:
E~/EN ADAIGC ,CITY MANAGER
APPROVED AS TO FORM:
TIM THY J. EL, CI -ATTORNEY
RESOLUTION NO.L(ps3
PAGE 3
EXHIBIT "A" ,
CONDITIONS OF APPROVAL FOR
STAFF PROJECT CASE N0.07-010
GENERAL CONDITIONS:
1. The applicant shall ascertain and comply with-all State, County and City requirements
as are applicable to this project. -
2. The event shall occur in substantial conformance with the application and plans on file in
the Public Works Department.
3. The applicant shall comply with all of the Conditions of Approval for Staff Project Case
No: 07-010.
4. The applicant shall agree to defend at his/her sole expense any action brought against
the City, its agents, officers, or 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, offcers 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 applicant of his/her obligations
under this condition.
5. The applicant shall install a backflow prevention device to the satisfaction of the Director
of Public Works.
6. The applicant shall abandon all existing wells on site and supply the Public Works
Department with a letter stating said abandonment by the County of San Luis Obispo
Public Health Department.
i
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 the attached
Resolution No. 4053 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 27~'
day of November 2007.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 28~' day of
November 2007.
KELLY T ORE, CITY CLERK