R 4655 RESOLUTION NO. 4655
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 Brown, seconded by Council Member Barneich, and by the
following roll call vote, to wit:
AYES: Council Members Brown, Barneich, Guthrie, Harmon, and Mayor Hill
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 28t" day of April, 2015.
RESOLUTION NO.y1-P55`
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JIM ILL, MAYOR
TTEST:
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KELLY ET, 0 E, CITY CLERK
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A'PRO\ Ili• ,J CONTENT:
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ROBERT McFALL, INTERIM CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
RESOLUTION NO.G1/055
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.
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. 4655 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 28th day of April, 2015.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 30th day of
April, 2015.
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KELLY I ET/RE, CITY CLERK