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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