Item 4.2 - Maderas Dispute Resolution Pertaining to WaterCity of Poway
(F)COUNCIL AGENDA REPORT
APPROVED
APPROVED AS AMENDED
(SEE MINUTES)
DENIED
REMOVED
CONTINUED
RESOLUTION NO.
DATE: August 15, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Robert Manis, Director of Development Services
CONTACT: Jason Martin, Senior Planner('Yl'`
(858) 668-4658 / imartin(a)poway.org
SUBJECT: Maderas Dispute Resolution
Summary:
Sunroad Enterprises on behalf of Maderas Country Club LP, the owner of the existing
Maderas Golf Club (Maderas), and Mr. and Mrs. Barkin (Barkins), owners of a residential
property in the Lower Sycamore Creek area, are requesting City Council consideration of
a dispute pertaining to water. The existing Conditional Use Permit (CUP) for Maderas
has provisions for the City Council to resolve water disputes between Maderas and
residents in the Lower Sycamore Creek area. While Maderas, until recently, has paid for
trucked -in water when the water supply at the Barkin residence is inadequate, they feel
they should not have this responsibility any longer because they believe they are not the
cause of the Barkins' inadequate water supply. The Barkins', on the other hand, believe
Maderas is the cause and are requesting that Maderas reimburse them for deepening
their well, instead of continuing with trucked -in water when needed.
Recommended Action:
It is recommended that the City Council determine that Maderas shall continue to
guarantee water service to the Barkins since the only way to be relieved of that
requirement would be through an amendment of the CUP. Staff further recommends that
the alternative for supplying such water service be trucking and storing water on-site.
Discussion:
Maderas and the Barkins are requesting City Council resolution of a dispute pertaining to
groundwater. The Lower Sycamore Creek (LSC) area is comprised of several
residences, including the Barkins', and the San Dieguito Riverpark office located adjacent
to the westerly City limits (along Sycamore Creek) west of Maderas golf course. The area
is not served by the public potable water system and is reliant entirely on groundwater.
Maderas irrigates its golf course with groundwater pursuant to an approved CUP. A map
depicting the Maderas golf course property (with its groundwater production and test
wells, including one test well in the LSC area) and the LSC area is included as
Attachment A.
The Maderas project background is lengthy. A detailed chronology of the project history
and information related to groundwater use is included as Attachment B. A brief summary
is provided here.
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Maderas Dispute Resolution
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Maderas was originally approved under CUP 90-13 in conjunction with a 156 -lot,
residential project known then as the Old Coach Golf Estates pursuant to Resolution No.
P-90-91. In August 2000, the City Council approved the ongoing use of groundwater
under CUP 90-13M(2) pursuant to Resolution No. P-00-65 and subject to several
requirements intended to protect other wells and riparian habitat health in the area. The
requirements included a stipulation that Maderas' groundwater production would need to
be shut down when test wells dropped below certain levels.
In October 2009, Maderas submitted a proposal to modify the requirements of the CUP
based on information prepared by their hydrogeologist and biologist. The proposal
generally involved an increase in groundwater production with modified production
shutdown requirements. Staff worked with Maderas and their consultants, and had
meetings with neighbors to clarify and reconcile issues. In October 2012, the City
engaged the services of an independent third -party consultant team (consisting of a
hydrogeologist, biologist, and environmental specialist) to evaluate information that was
available on the project, including the Maderas proposal to modify the CUP.
In November 2013, the modification to the CUP was approved by City Council. There
were several requirements established with the CUP modification, including a 173 -acre
feet "cap" on annual groundwater production and other production restrictions applied to
wells in different geographic zones within the property. City Council Resolution P-13-28
with the CUP requirements is included as Attachment C.
The 2013 CUP established "pump zones" within the Maderas property to assist in the
monitoring of groundwater, including a western pump zone adjacent to the LSC area.
Conditions of Approval L and M in Resolution P-13-28 are specific to the LSC area.
Condition L specifies that when the groundwater level at the Lower Sycamore Creek Test
Well (LSCTW) drops to under 100 feet below ground surface (bgs), Maderas production
wells 4 and 5 (and any other wells the City has determined to influence the LSCTW) are
to be shut down. It is generally believed that wells 4 and 5 affect the groundwater in the
LSC area. The City is not aware of any other Maderas production wells that affect the
LSC area.
It is important to note that the groundwater level at the LSCTW has been under 100 feet
bgs the majority of time since 2013 and, accordingly, monthly reports from Maderas
indicate that production wells 4 and 5 have not been used since 2013. Maderas has also
indicated that the pumps and other infrastructure for Wells 4 and 5 have been removed.
Maderas continues to use other production wells for irrigation in accordance with the CUP
requirements.
The 2013 CUP modification also maintained a requirement from the 2000 CUP pertaining
to the LSC area (Condition M in Resolution P-13-28) which included an assurance for
sufficient water, and a provision for the City Council to resolve disputes on the adequacy
of water supply and/or the method of delivery. Condition M reads as follows:
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The applicant shall guarantee water service to the lower Sycamore Creek
area and its residents. In the event groundwater supplies become
inadequate to meet the domestic and non-domestic water needs of the
residents and properties in that area, the applicant shall supply water to
meet those needs in such quantities and for such periods as necessary to
meet those needs at the applicant's sole cost and expense. The applicant
shall also be responsible for any secondary expenses, such as road repairs,
determined by the Director of Development Services as necessary to
provide the water service. The alternatives for supplying such water service
shall include deepening wells, trucking and storing water on site(s), or
extending a temporary aboveground water line from the Highland Ranch
area or closest point. The applicant may select the alternative and shall be
responsible for all costs associated with implementing continued and
uninterrupted water service. In the event of a dispute between any resident
and the applicant over the adequacy of the water supply or the adequacy of
the remedy implemented by the applicant, the City Council shall determine
which of the above stated alternatives is to be implemented and the
applicant shall comply with the Council's determination as a condition of this
Conditional Use Permit. In the event that the City Council determines at
any time that the water service to the lower Sycamore Creek area is
inadequate, it may direct that groundwater usage by the applicant shall
cease until City Council determines that the service has become adequate.
In the event such direction is not complied with by the applicant, this
Conditional Use Permit may, after public hearing, be modified or revoked
by the City Council.
Staff understands that for approximately two years the Barkin well has intermittently failed
to provide water in sufficient amounts. Staff has not received any reports of insufficient
water from others in the LSC area. City staff does not know why the Barkin well is not
providing sufficient water. Pursuant to the requirement stated above, the Barkins have
had water trucked in, stored on-site, and have submitted the bills to Maderas for
reimbursement. Staff understands that Maderas has reimbursed the Barkins for the cost
of trucked -in water, but staff was recently told that there are two reimbursements pending.
In August 2016, the Barkins began asking Maderas to deepen theirwell as their preferred,
long-term solution to the issue rather than continue with the trucked -in water option. Over
the past year, the Barkins have contacted City staff multiple times to discuss the option
of having Maderas reimburse them for the costs of deepening their well. They have
requested City Council consideration of the matter as a dispute resolution, pursuant to
Condition M, since Maderas has not responded. See the recently received
correspondence from the Barkins included as Attachment D.
Maderas contacted City staff in December 2016 to also discuss City Council consideration
of an issue related to a water dispute with the Barkins. Maderas has explained their
position that, since they have not been using wells 4 and 5, they should not have to
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provide water to, or reimburse water costs for, the Barkins. Maderas and their
hydrogeologist believe wells 4 and 5 are the only wells that affect the LSC area. More
detail and information is contained in the letter from Sunroad Enterprises included as
Attachment E. A hyperlink to the City website for the 2000 report referenced in the letter
is included as Attachment F. A hyperlink to the City website for the 2010 report referenced
in the letter is included as Attachment G.
The Barkins decided in mid July 2017 to deepen their well. They are asking that the City
Council resolve the dispute regarding the "adequacy of the remedy implemented" by
Maderas (i.e. trucked in water vs well deepening). In the event that the City Council
determines deepening the well is the appropriate remedy, the Barkins are asking that
Maderas reimburse them for the costs of the recent well deepening.
Options that can be considered by the City Council include, but are not limited to, the
following:
1. Direct Maderas to pay the Barkins for the cost of trucked -in water, including all
outstanding amounts owed
2. Direct Maderas to pay the Barkins for the cost of the recently deepened well. This
may not be an absolute guarantee of sufficient water supply into the future, and
further deepening or trucked -in water may become necessary.
3. Determine that Maderas is no longer responsible for the Barkins' water supply and
costs (in which case an amendment to the CUP would be necessary).
Environmental Review:
The matter of whetherto reimburse an individual forthe costs of deepening a groundwater
well is not subject to the California Environmental Quality Act.
Fiscal Impact:
None.
Public Notification:
A public notice was mailed to property owners within the LSC area.
Attachments:
A. Location Map
B. Chronology
C. Approved Resolution
D. Barkin Correspondence/Submitted Information
E. Maderas (aka Sunroad) Correspondence/Submitted Information
F. Hydraulic Study of the Sycamore Creek Sub -basin (July 2000)
G. Revised Hydrogeological Assessment Report (July 2010)
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Reviewed/Approved By: Reviewed By: Approved By:
Wendy Kaserman
Assistant City Manager
Morgan Foley
City Attorney
Tina M. White
City Manager
5 of 36 August 15, 2017, Item #4.2
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ATTACHMENT B
Maderas Chronology
May 1990 - Old Coach Golf Estates Project Approved
The City Council approves a request by Environmental Development LTD, the property
owner at that time, for a subdivision map and certifies the Environmental Impact Report
(EIR) for the Old Coach Golf Estates project. The project generally consisted of a
subdivision map that created 156 residential lots, open space lots, and a separate lot for
a golf course. The residential component is now known as the Old Coach Collection and
the Heritage neighborhoods, and the golf course is now known as Maderas. The following
was included regarding golf course irrigation:
• At the time of approval it was thought that reclaimed water would soon be available
to the area and reclaimed water use for golf course irrigation was required for the
project.
• The preparation of a groundwater hydrology analysis was also required to
determine the feasibility of interim use of groundwater for golf course irrigation until
such time reclaimed water was available.
• The approval stipulated that additional City Council approval is required for any
groundwater use for golf course irrigation.
November 1990 - Project Changes Approved and CUP Approved
The City Council approves changes to the project (relating to subdivision mapping,
grading, street design and realignment, etc.) and approves Conditional Use Permit (CUP)
90-13 that established the golf course and clubhouse. The approval adds the following
regarding water use:
An agreement is required for use of untreated water for golf course irrigation.
The reclaimed water system is required to be built within six months of reclaimed
water being available.
November 1992 - Project Changes Approved
Project changes approved primarily relating to mapping. No changes to water use
requirements.
January 1992 - Sierra Club Settlement Agreement
The City, Environmental Development LLC, and the Sierra Club enter into a Settlement
Agreement following a lawsuit that was filed by the Sierra Club over the City's approval
of the project. The agreement was specific to natural habitat impacts and did not relate
to groundwater use.
April 1996
Grading begins on the Old Coach Collection neighborhood.
January 1997 - Agreement on Irrigation Water
City enters into an agreement with Environmental Development LLC, for the use of raw
water to irrigate the course with other provisions including price of water.
7 of 36 ATTACHMENT B August 15, 2017, Item #4.2
April 1998
Grading begins on Phase 1 of the Heritage neighborhood and the golf course.
Mid -Year 1999 — Establishment of Golf Course and Unauthorized Groundwater Use
The City becomes aware that some of the project grading is inconsistent with the
approved project grading plans. Staff works with Sunroad to reconcile the
inconsistencies. Additionally, in July 1999, the City became aware that some residential
wells in the lower Sycamore Creek neighborhood were experiencing problems. At that
time the golf course turf areas were being established and staff also became aware that
the developer, Sunroad, was using five wells for irrigation. Staff met with Sunroad and
learned that they were unaware of the May 1990 requirement to do the groundwater
hydrology report and that they believed they had the right to use groundwater.
August 1999 - City Council Approves Limited Groundwater Use and Assistance Plan
In response to problems with the resident wells in the Sycamore Creek neighborhood and
the unauthorized groundwater use the City Council, approves the following:
• Allows Sunroad interim groundwater use until a specified date.
• Reiterates the requirement for the groundwater hydrology analysis and requires
the analysis be submitted by a specified date.
• Approves Sunroad's assistance plan to the Sycamore Creek neighborhood for the
residents, which includes a commitment of funds for: 1) improvement of failing
wells, and 2) sharing in the cost of trucking in water.
November 1999 - Settlement Agreement
The City and the property owner enter into a Settlement Agreement to resolve disputes
regarding water use restrictions. Settlement Agreement includes the following:
• Reiterates from the original approval that when reclaimed water becomes
available, Maderas is to use reclaimed water to irrigate the golf course, unless the
City Council approves otherwise.
• Reiterates from the original approval that until reclaimed water becomes available,
Maderas is to use raw or potable water to irrigate the golf course.
• Reiterates from the original approval that any groundwater use is subject to
approval by the City Council through a CUP amendment.
• Authorizes interim use of groundwater in specified amounts, and subject to
specified monitoring and reporting requirements.
• Sets a deadline to stop the interim groundwater use that had been authorized.
• Acknowledges that the preparation of the required hydrology report is underway to
assess long-term groundwater use and requires its submittal in a specified time
frame.
January 2000 - First Modification to CUP 90-13 (CUP 90-13M)
The City Council approves specific clubhouse improvements under CUP 90-13M.
Included in the approval are reiterations of past requirements relating to City Council
approval to use groundwater, the groundwater hydrology report, reclaimed water use,
provisions of the Settlement Agreement, etc.
8 of 36 August 15, 2017, Item # 4.2
March 2000 - First Addendum to the Settlement Agreement
This is the first of two addendums to the Settlement Agreement. This Addendum
extended the deadline to stop the interim groundwater use and for submittal of
groundwater hydrology report. All other Settlement Agreement provisions remain in
effect.
July 2000 - Second Addendum to the Settlement Agreement
The second Addendum extended once more the deadline to stop the interim ground-
water use and the deadline for submittal of the groundwater hydrology report. The
Addendum also includes the following:
• Decreases the amount of interim groundwater use.
• Requires Maderas to reimburse Sycamore Creek residents for costs associated
with needed improvements to wells and/or new wells.
• Requires Maderas to participate with the Old Coach Home Owners Association in
extending water to area to the southeast and east of Maderas.
End of July 2000 — Hydrologic Study of the Sycamore Creek Sub -Basin Submitted
August 2000 - Second Modification to CUP 90-13 (CUP 90-13M2)
The City Council approved the long-term use of groundwater, based on the findings of
the Hydrologic Study, subject to special requirements specified in City Council Resolution
P-00-65, which included the following:
• Well monitoring to protect other wells and riparian habitat in the area.
• Riparian habitat monitoring.
• Specified well shutdowns based on groundwater elevation drops.
• Assurances to provide water to the Sycamore Creek neighborhood.
September 2004 and September 2005 — Third and Fourth Modifications to CUP 90-13
(CUP 90-13M3 and CUP 90-13M4)
Amendments to allow continued use of temporary structures (not related to water use).
August 2009 - Groundwater Use Curtailed
City directs Maderas shut down wells 8, 9, and 10 because the groundwater level at
OCETW drops to below 180 bgs.
October 2009 — Fifth Modification to CUP 90-13 (CUP 90-13M5)
Maderas submits the proposal to modify the CUP. From October 2009 through early
2013, City staff and a City contracted hydrogeologist, work with Maderas to clarify and
refine the proposal. As a result, substantive changes are made to the proposal.
August 2011 —All Groundwater Use Shut Down
City directs that all wells be shut down because the water level at OCETW continues to
be below 180 bgs.
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May 2012 — Dr. Ponce Report
Residents submit a report prepared by Dr. Ponce from SDSU entitled Thompson Creek
Groundwater Sustainability Study.
October 2012 - Independent Third Party Consultant
The City Council approves the scope of work and a contract for professional services with
Dudek. The Dudek team includes a hydrogeologist, a biologist and an environmental
specialist. Dudek is engaged to evaluate the technical information that is available on the
project, including work done by the Maderas consultant and the Dr. Ponce report, and the
proposal to modify the CUP. They are also to advise the City on the appropriate
environmental review process and assist if necessary with completing required
documents.
Early 2013 - Maderas Proposal Updated
As a result of the Dudek review of the Maderas proposal and discussion with City staff,
Maderas updates the proposal to modify the CUP. The updated proposal is made
available to the public.
April 2013 - Dudek Report
Dudek completes their evaluation in a report entitled Third -Party Review of
Hydrogeological and Biological Resource Monitoring Information for the Maderas Golf
Club. The report is made available to the public.
May 2013 - Addendum to the Mitigated Negative Declaration (AMND) for CUP 90-13M2
An AMND is prepared and made available for public review and comment.
November 2013
AMND and CUP modification approved by City Council
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RESOLUTION NO. P-13-28
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 90-13M(5) AND
ADOPTING AN ADDENDUM TO A MITIGATED NEGATIVE DECLARATION
ASSESSOR'S PARCEL NUMBERS 277-170-21 and 277-171-34
WHEREAS, the Maderas Golf Course was originally approved under CUP 90-13
in conjunction with an EIR for a 156 -lot, residential project known then as the Old Coach
Golf Estates, pursuant to Resolution No. P-90-91; and
WHEREAS, in August 2000, the City Council approved the on-going use of
groundwater under CUP 90-13M(2) pursuant to Resolution No. P-00-65 in conjunction
with the adoption of a Mitigated Negative Declaration, a Mitigation Monitoring Program,
and conditions of approval; and
WHEREAS, In August 2009, the water level in the Old Coach Estates Test Well
(OCETW) declined to below 180 feet below ground surface (bgs), which required
groundwater production to be shut down, pursuant to the conditions contained in CUP
90-13M(2); and
WHEREAS, Maderas Country Club LLC, the Applicant and owner/operator of the
Maderas Golf Club located at 17750 Old Coach Road, in the Planned Community (PC)
zone submitted a request to modify the existing conditions of approval, because data
suggested that their groundwater production did not affect ground water levels in Old
Coach Estates (i.e., the Thompson Creek Watershed); and
WHEREAS, CUP 90-13M(5) is a request to modify conditions of approval
pertaining to groundwater production, groundwater production monitoring and
reporting, and riparian habitat monitoring and reporting that were established under
CUP 90-13(M)2, which was approved by the City Council on August 20, 2000, pursuant
to Resolution No. P-00-65 (Section 3, "Operational Plan and Wetland & Riparian Habitat
Monitoring Program"); and
WHEREAS, CUP 90-13M(5) involves modifications to the project conditions
of approval, and no change to the Mitigation Monitoring Program in Resolution No.
P-00-65; and
WHEREAS, the City has considered information and hydrogeologic studies
pursuant to the request, including, but not limited to, Third -Party Review of
Club (May 2013) prepared by Dudek and Sustainability of Groundwater Withdrawal at
Maderas (September 2013) prepared by SCS Engineers; and
WHEREAS
public hearing to
application.
, on November 19, 2013, the City Council held a duly advertised
solicit comments from the public, both pro and con, relative to this
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Resolution No. P-13-28
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The City Council hereby finds that the above recitals are true and correct
and are incorporated herein by reference as if set forth in full.
Section 2: An Environmental Initial Study (EIS) and Addendum to the Mitigated
Negative Declaration (AMND) were completed for the project. The City Council has
considered the AMND, the original Mitigated Negative Declaration, the Agenda Report,
and oral and written comments. The AMND reflects the independent judgment and
analysis of the City Council, has been completed in compliance with the California
Environmental Quality Act (CEQA), and is adequate for this proposal. The AMND
supports the conclusion that only minor technical changes/additions are necessary
and that none of the conditions described in CEQA Guidelines §15162 calling for
preparation of a subsequent or supplemental Environmental Impact Report (EIR) have
occurred. The staff -recommended changes incorporated into this Resolution do not
result in any new or increased environmental impacts in comparison to the CUP
amendments described in the AMND. The City Council hereby adopts the AMND
included as Attachment I to the Agenda Report associated with this Resolution.
Section 3: The City Council finds, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC):
A. The project (i.e., the modifications in this Resolution) is consistent with and in
accord with the General Plan, Title 17 and the underlying purpose of the Zoning
Code, and the Old Coach Golf Estates Specific Plan. The golf course is an
existing use and when originally approved was found to be consistent with
the General Plan and the Poway Subarea Habitat Conservation Plan, and
CUP 90-13M(5) incorporates measures to ensure protection of offsite well users
in the Lower Sycamore Creek area and riparian habitat health in the area,
including a limit on annual groundwater production, and the requirement to utilize
reclaimed water when it becomes available. The modifications contained in this
Resolution do not change these previous consistency findings.
B. That the location, size, design, and operating characteristics of the use will be
compatible with, and will not adversely affect or be materially detrimental to,
adjacent uses, buildings, structures, or natural resources. The golf course is
existing and no expansion is proposed, and CUP 90-13M(5) incorporates
measures to ensure protection of offsite well users in the Lower Sycamore Creek
area and riparian habitat health in the area. Conditions of approval include a limit
on annual groundwater production.
C. That the harmony in scale, bulk, coverage, and density is consistent with
adjacent uses, in that CUP 90-13M(5) does not propose expansion of the
existing golf course.
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D. That there are available public facilities, services and utilities to serve the golf
course, in that the golf course is located within a developed neighborhood and
metered potable water use is available to the golf course until such time as
reclaimed water becomes available for irrigation.
E. That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the golf course was approved in conjunction with a
contiguous residential development, the golf course is existing and no expansion
of the golf course is proposed, and CUP 90-13M(5) incorporates measures to
ensure protection of offsite well users in the Lower Sycamore Creek area and
riparian habitat health in the area, including a limit on annual groundwater
production.
F. That the generation of traffic will not adversely impact the surrounding streets
and/or the City's Transportation Element, in that groundwater production and
monitoring will have no bearing on traffic.
G. That the site is suitable for the type and intensity of the use, in that the golf
course is existing and no expansion is proposed, and CUP 90-13M(5)
incorporates measures to ensure protection of offsite well users in the Lower
Sycamore Creek area and riparian habitat health in the area. Conditions of
approval include a limit on annual groundwater production.
H. That there will not be significant harmful effects upon environmental quality and
natural resources, in that the golf course is existing and habitat impacts resulting
from project construction have been mitigated, and CUP 90-13M(5) incorporates
measures to ensure riparian habitat health in the area. With the original
Mitigation Monitoring Program contained in Resolution No. P-00-65, which
remains in effect, there is no substantial evidence that CUP 90-13M(5) will have
a significant effect on the environment. Additionally, the staff -recommended
changes incorporated into this Resolution do not result in any new or increased
environmental impacts in comparison to the AMND. Studies have been provided
that indicate groundwater production at historic levels is sustainable and will not
result in environmental impacts. Conditions of approval include a limit on annual
groundwater production to the historic level.
That there are no other relevant negative impacts of the proposed use that
cannot be mitigated, in that a Mitigated Negative Declaration and a Mitigation
Monitoring Program were approved in August 2000 with CUP 90-13M(2), which
authorized the use of groundwater for the golf course, and it was determined that
with mitigation, impacts to the environment would be less than significant. No
changes to the Mitigation Monitoring Program approved with CUP 90-13M(5)
are proposed. The proposed modifications to monitoring requirements under
CUP 90-13M(5) will not result in any new environmental impacts.
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Resolution No. P-13-28
Page 4
J. That the impacts, as described in Subsections A through I of this Section, and
the proposed location, size, design and operating characteristics of the proposed
use and the conditions under which it would be operated or maintained will not
be detrimental to the public health, safety or welfare, or materially injurious to
properties or improvements in the vicinity nor be contrary to the adopted General
Plan in that the golf course is existing and when it was originally approved it was
found to be consistent with the General Plan, and CUP 90-13M(5) incorporates
measures to ensure protection of offsite well users in the Lower Sycamore Creek
area and riparian habitat health in the area. Conditions of approval include a limit
on annual groundwater production and requirements for groundwater level
monitoring.
K. That the proposed conditional use will comply with each of the applicable
provisions of Title 17 of the Poway Municipal Code.
Section 4: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of
Civil Procedure.
Section 5: The conditions of approval and the Mitigation Monitoring Program included
in City Council Resolution No. P-00-65 are in full force and effect, except that the
following conditions of approval in Section 3 are hereby eliminated:
Condition of Approval E;
Condition of Approval F (eliminating all subsections, 1 through 5);
Condition of Approval G;
Condition of Approval H (eliminating all subsections, 1 through 4);
Condition of Approval I (eliminating all subsections 1 through 4);
Condition of Approval J (eliminating all subsections, 1 through 5);
Condition of Approval K;
Condition of Approval L;
Condition of Approval Q
Section 6: The City Council hereby approves CUP 90-13M(5), subject to the
following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit, including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City
may elect to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
14 of 36 August 15, 2017, Item # 4.2
Resolution No. P-13-28
Page 5
including without limitation reasonable attorney's fees and costs. In the event of
a disagreement between the City and applicant regarding litigation issues, the
City shall have the authority to control the litigation and make litigation related
decisions, including, but not limited to, settlement or other disposition of the
matter. However, the applicant shall not be required to pay or perform any
settlement unless such settlement is approved by applicant.
B. Approval of this CUP shall apply only to the subject project and shall not waive
compliance with all sections of the Zoning Ordinance and all other applicable City
Ordinances in effect at the time of Building Permit issuance.
C. Within 30 days of the date of this approval, and before the issuance of any
permit: (1) the applicant shall submit in writing that all conditions of approval
have been read and understood; and (2) the property owner shall execute a
Covenant Regarding Real Property. In order for the City to prepare the
Covenant the applicant must first submit a legal description of the subject site.
D. The conditions of CUP 90-13M(5) shall remain in effect for the life of the subject
facility, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
E. CUP 90-13M(5) shall be subject to annual review, as determined by the Director
of Development Services, for compliance with the conditions of approval and to
address concerns that may have been raised during the prior year.
F. The maximum annual groundwater production authorized through this CUP
modification shall be 173 acre-feet. Annual for purposes of this limit shall be the
water year which is from October 1 to September 30. Any increase to the annual
groundwater production limit shall require a modification to the CUP to be acted
upon by the City Council at a public hearing. In order to verify compliance with
the groundwater production limit, Maderas shall submit to the City a report each
month which specifies the prior month's groundwater production by zone. The
monthly report shall also provide a running, cumulative total of groundwater
production by zone for the year. The monthly report shall be submitted by the
15th day of the month.
G. Each year Maderas shall submit to the City for review and approval, the
proposed groundwater production and monitoring trigger (Trigger) for the eastern
and southern groundwater production zones, pursuant to the Maderas Golf Club
Groundwater Production and Monitoring Plan 2013 (Plan) on file with the City.
The Trigger for a given zone shall be based on the highest consecutive 10 year
average of annual groundwater production that occurred within that zone in the
past. The average is established by consecutive water years, but will not include
water years when there was no groundwater production. Notification to the
City and monitoring as specified in these conditions of approval are a function of
15 of 36 August 15, 2017, Item #4.2
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Page 6
the Trigger. Groundwater production in the western zone is not subject to a
Trigger, but is subject to specific provisions identified in Conditions of Approval J
and K.
H. Prior to the use of any new well established on the Maderas Golf Club site for
groundwater production, a CUP modification shall be processed and acted upon
by the City Council at a Public Hearing that includes results of an aquifer test in
accordance with the following provisions:
1. Maderas shall notify the City of its intent to establish the well for the
purpose of conducting an aquifer test. The establishment of the well shall
be for the sole purpose of conducting the aquifer test. Use of the well for
groundwater production can only be authorized through a CUP
modification with City Council action.
2. A constant rate aquifer test with a pumping phase of ten days shall be
conducted. The aquifer test shall be per State of California's Existing
Source Capacity (Chapter 16, Article 2, §64554.) and the new well
production shall be evaluated against Lower Sycamore Creek Test Well
(LSCTW), Maderas Well 6, and alluvium monitoring wells (MW) #2 and
#4. The evaluation of Old Coach Estates Test Well (OCETW) shall be
required only if there is measurable groundwater in the test well at the
time of the aquifer test. Evaluation of private wells in Old Coach Estates
shall only be conducted if residents of Old Coach Estates allow the City or
the consulting hydrogeologist timely access to their private wells to
monitor groundwater levels in these wells and the wells are not operated
for the duration of the aquifer test, and for any additional time as required
by the City to assure the integrity of the aquifer test.
3. The aquifer test shall assess the influence between the new well and
LSCTW, Maderas Well 6, alluvium MW #2 and #4, and OCETW, (if
evaluated as part of the aquifer test). The findings of the aquifer test shall
be reviewed and presented to the City Council before a CUP modification
is approved and the new well can be used for groundwater production.
When used for groundwater production, all new wells shall be subject to
the general monitoring protocols specified in Conditions of Approval J and
K. Any new well with a demonstrated significant influence on any of the
non -pumping wells shall be assigned to the appropriate groundwater
production zone in consultation with the City and shall be subject to the
specific monitoring protocols established for the applicable groundwater
production zone as specified in these conditions of approval and in the
Plan.
4. If a new well is located within a groundwater production zone and no
influence is noted on any other well within that zone, or any other zone,
16 of 36 August 15, 2017, Item #4.2
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the well shall be subject to the monitoring protocols for the zone in which
the new well is located as specified in these conditions of approval and in
the Plan.
5. If a new well is not located within a groundwater production zone and no
influence is noted on any well, the new well is not subject to monitoring but
is subject to the annual reporting requirements as specified in Condition of
Approval I.
6. Well casing shall be set from land surface to the contact between the
colluvium and underlying fractured bedrock to prevent the well from
drawing groundwater from the alluvium and colluvium. The well casing
shall be designed to prevent the influence of pumping from fractured rock
on groundwater levels in the overlying alluvium and colluvium.
7. Compliance with City requirements pertaining to habitat removal, work
during protected bird species nesting seasons, noise limits, and waste
disposal, may be applicable.
By November 15 of each year, Maderas shall provide an annual report that is
prepared by a qualified hydrologist to the City for the preceding water year that
summarizes the following information for all wells located on the Maderas Golf
Club site that operated at any time within the preceding water year:
1. A description of the monitoring methods used;
2. Summary tables of annual groundwater production data by individual wells
and by zones for the preceding water year;
3. Identification of the Trigger for the preceding year and the highest
consecutive 10 year annual average for the zone;
4. The highest consecutive 10 year monthly averages for the eastern and
southern zones if monitoring occurred for the preceding water year, and
the monthly averages for the preceding water year;
5. Hydrographs depicting all water levels measured at test well(s) and
operational wells subject to the monitoring requirements of this plan for the
preceding ten water years;
6. Rainfall data for the preceding ten water years;
7. Discussion, as appropriate, of any breach of specified groundwater depths
for LSCTW and Maderas production Well 6 and corresponding mitigation
steps taken.
17 of 36 August 15, 2017, Item # 4.2
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8. Biological assessment of the health of the riparian vegetation at Maderas
whenever monitoring of MW #2 and #4 has occurred within the water year
pursuant to southern zone monitoring protocols identified in this Plan.
J. Maderas shall record on a monthly basis the flow meter readings (i.e., total
gallons pumped and instantaneous pumping rate) for each well equipped with
an operating pump. Maderas shall also retrieve this groundwater production
data on a monthly basis, as well as record monthly precipitation data from the
Poway Valley Station No. 7111, and precipitation data from Maderas' onsite
weather station when operational.
K. Monitoring of groundwater depths at LSCTW, MW #2, MW #4, Maderas Well 6
and Maderas operating wells shall include the following:
Pressure transducers and data loggers shall be installed and maintained
at LSCTW, MW #2, MW #4, Maderas Well 6 and all operating wells
located within the golf course, except Wells 1, 3, 5, and 7.
2. Pressure transducers and dataloggers shall be programmed to measure
and record groundwater levels once a day. If the pressure transducers
measure an absolute pressure, then a pressure transducer should be
deployed to measure barometric pressure at the same frequency as the
groundwater pressure transducers.
3. The data shall be retrieved by Maderas on a monthly basis
4. Once every three months, groundwater levels shall also be measured
manually. Manual measurements shall be to the nearest 0.1 -foot below a
consistent reference point and recorded with the date and time.
5. Monitoring of production wells that have not operated at any time within
the preceding water year and are expected to not be used in the current
water year may be suspended and all applicable requirements of this plan
shall not apply to the non-operating well as long as the well is not in
operation. This does not apply to Maderas Well 6, as this well is included
with the set of wells instrumented with pressure transducers programmed
to measure and record water levels on a daily basis.
L. In order to ensure that the use of groundwater by the applicant will not adversely
impact groundwater levels for other well users in the Lower Sycamore Creek
area, the applicant shall monitor the water level at the LSCTW and provide the
information in the monthly report no later than the 15th day of the month.
The monitoring shall be conducted in accordance with Conditions of Approval J
and K. Additionally, water levels will also be measured manually. Water levels
18 of 36 August 15, 2017, Item # 4.2
Resolution No. P-13-28
Page 9
taken manually shall be measured to the nearest 0.01 -foot below a consistent
reference point and recorded with the date and time. Manual water levels shall
also be taken at the same time at the following additional wells. Should the
applicant be unable to obtain permission to test any of the wells listed below, the
City Engineer shall determine if alternative well sites should be tested.
• Maderas Wells 4 and 5
o Barkin Well (APN 272-150-23)
o Tamayo Well (APN 272-150-26)
• San Dieguito River Park Well
a Blum Wells (APN 272-150-28)
The groundwater levels must stabilize at or above 80 -feet below ground surface
at the LSCTW. However, the groundwater elevations (water level depth) shall
not exceed 100 feet below ground surface at LSCTW. If the water level specified
is exceeded, the applicant shall discontinue the use of groundwater at Wells 4
and 5 (western well zone) and any other wells the City has determined to
influence LSCTW until the water levels stabilize at 40 -feet above the designated
water level for LSCTW. Once the well has stabilized to the satisfaction of the
City Engineer, and the City Manager has authorized resumption of groundwater
use, pumping will resume at 75 percent of the rate being pumped prior to
discontinuing the use of the wells for the remainder of the monitoring year. If the
specified water level is exceeded again, the process will be repeated.
M. The applicant shall guarantee water service to the lower Sycamore Creek area
and its residents. In the event groundwater supplies become inadequate to meet
the domestic and non-domestic water needs of the residents and properties in
that area, the applicant shall supply water to meet those needs in such quantities
and for such periods as necessary to meet those needs at the applicant's sole
cost and expense. The applicant shall also be responsible for any secondary
expenses, such as road repairs, determined by the Director of Development
Services as necessary to provide the water service. The alternatives for
supplying such water service shall include deepening wells, trucking and storing
water on site(s), or extending a temporary aboveground water line from the
Highland Ranch area or closest point. The applicant may select the alternative
and shall be responsible for all costs associated with implementing continued
and uninterrupted water service. In the event of a dispute between any resident
and the applicant over the adequacy of the water supply or the adequacy of the
remedy implemented by the applicant, the City Council shall determine which of
the above stated alternatives is to be implemented and the applicant shall comply
with the Council's determination as a condition of this Conditional Use Permit. In
the event that the City Council determines at any time that the water service to
the lower Sycamore Creek area is inadequate, it may direct that groundwater
usage by the applicant shall cease until City Council determines that the service
has become adequate. In the event such direction is not complied with by the
19 of 36 August 15, 2017, Item #4.2
Resolution No. P-13-28
Page 10
applicant, this Conditional Use Permit may, after public hearing, be modified or
revoked by the City Council.
N. At the time of this approval, the Trigger in the southern groundwater production
zone is 57 acre-feet per water year. Monitoring of wells MW #2 and MW #4
(which is in the western zone) shall be conducted as follows:
Maderas shall notify the City in writing and provide all water level data
collected in the current water year whenever the cumulative groundwater
production from the southern zone, within a water year, exceeds 90% of
the southern zone's Trigger. When notifying the City, Maderas shall also
project when groundwater production will exceed 100% of the Trigger.
2. When groundwater production within a water year exceeds 100% of the
southern zone's Trigger, Maderas shall notify the City and report to the
City water levels measured at wells MW #2 and MW #4 per the monitoring
protocols of these conditions of approval and the Plan.
O. If the City Manager (through an analysis conducted by a City -approved biologist)
determines that Maderas groundwater production caused the water level in the
alluvium (as monitored at MW #2 and MW #4) to decline to a level that adversely
impacts the riparian vegetation along the portion of Sycamore Creek located
within the limits of the Maderas Golf Course, then the groundwater production
from wells within the southern zones shall be limited to no more than the highest
consecutive 10 year monthly average for each given month, for one full water
year, except as follows.
The City Manager may allow resumed groundwater production above the
limit specified above when the City Manager (through an analysis
conducted by a City -approved biologist) determines that the riparian
vegetation no longer shows evidence of being adversely impacted by
Maderas' groundwater production.
The City Manager may further restrict the groundwater production below
the limit specified above if, based on substantial evidence, the health of
the onsite riparian vegetation is expected to be dependent on further
reductions in Maderas' groundwater production.
P. Evaluation of the health of onsite riparian habitat shall be determined by
conducting studies similar to the original baseline and monitoring studies, and
shall include the following:
1. Establishing at least three permanent belt transects and six photo -station
points onsite;
20 of 36 August 15, 2017, Item # 4.2
Resolution No. P-13-28
Page 11
2. Band transects for trees — 10m wide and traversing the entire width of the
creek, including the oak/sycamore woodland on either side of creek;
3. Identification of each tree species, and assessed for general health and
drought stress;
4. Each belt transect will include 4 (10m x 10m) sample grids to assess herb
and shrub layer health; and
5. Percent cover of herb and shrub layers by species will also be assessed
using four classes (1 = 0-25%, 2 = 26-50%, 3 = 51-75%, 4 = 76-100%).
Q. If impacts to the wetland and riparian habitat have occurred, the following
mitigation and monitoring requirements shall be implemented by the applicant
prior to resumption of the groundwater use to the satisfaction of the Director of
Development Services:
A "Compensation Mitigation Plan" shall be prepared by the qualified
biologist retained by the applicant. This Plan shall be submitted to the
Development Services Department for review and approval. This Plan
shall identify the specific location of the impact(s), quantify the impact(s)
and recommend 'compensation mitigation" in compliance with Section 7.4
of the Poway Subarea Habitat Conservation Plan (Poway HCP).
2. A minimum five-year "Mitigation Monitoring, Reporting, and Maintenance
Program" shall be prepared by the qualified biologist retained by the
applicant. This Program shall be submitted to the Development Services
Department for review and approval. The Program shall include
appropriate monitoring and reporting requirements, maintenance and
success criteria, and plant replacement guidelines. The Program shall be
consistent with and further the conservation objectives of the Poway HCP,
and shall ensure the successful completion of all identified mitigation
measures.
R. Monitoring well data for MW #2 and #4 shall be provided to the biologist. For
three years following the increase in groundwater production within the southern
zone, onsite surveys utilizing the methodologies specified above shall be
conducted twice a year with a single annual report prepared for the City. At the
end of three years, the monitoring frequency shall be re-evaluated based on
results of the surveys. Rainfall amounts and other environmental factors shall be
considered in relation to the survey results in order to determine the need and
frequency for continued monitoring.
Once the data has been collected, it shall be compared to original and
subsequent data to assess the health of the riparian system. These same
methods shall be used to verify that the riparian system no longer shows stress.
21 of 36 August 15, 2017, Item # 4.2
Resolution No. P-13-28
Page 12
S. At the time of preparation of this approval, the Trigger for wells in the eastern
zone is 51 acre-feet per water year.
Groundwater production at Maderas Wells 7, 9 and 10 is permitted
whenever the static groundwater level at Maderas Well 6 is 178 feet bgs
or less, and shall be subject to the following:
a. Wells 9 and 10 shall be monitored monthly during the peak
irrigation season of April through October.
b. Maderas shall notify the City in writing and provide all water level
data collected in the current water year whenever the cumulative
groundwater production from all wells operating within the eastern
zone, within a water year, exceeds 90% of the Trigger.
C. When notifying the City, Maderas shall also estimate when
groundwater production will exceed 100% of the Trigger.
d. Maderas shall notify the City and begin monitoring per this plan
whenever the cumulative groundwater production from all wells
operating within the eastern zone, within a water year, exceeds
100% of the Trigger.
Groundwater production from Maderas Well 6 may be considered by the
City subject to the following:
a. Maderas conducts a 10 -day constant rate aquifer test per State of
California's Existing Source Capacity (Chapter 16, Article 2,
§64554.) and monitors, at a minimum, water level responses at
Maderas Wells 6, 8, 9, 10, MW #2 and #4, and OCETW. This
aquifer test shall only be conducted, and the results accepted by
the City, if there is measurable groundwater in the test well at the
time of the aquifer test and all residents of Old Coach Estates allow
the City or City -approved consulting hydrogeologist timely access
to their private wells to monitor groundwater levels in their wells,
and their wells are not operated for the duration of the aquifer test
and for any additional time as required by the City to assure the
integrity of the aquifer test.
b. Maderas submits an aquifer test report to the City that summarizes
the set-up procedures and methods used during the aquifer test,
includes all water levels and pumping data before, during, and after
the pumping phase of the aquifer test, includes an evaluation of the
influence of pumping Well 6 on water levels at non -pumping wells.
C. The City approves the aquifer test report.
22 of 36 August 15, 2017, Item # 4.2
Resolution No. P-13-28
Page 13
Upon satisfaction of the above, groundwater production at Maderas Well 6 may
be permitted if the City Manager has determined that groundwater production at
Well 6 does not significantly influence the water level at OCETW and private
wells in the OCE residential community. Groundwater production at Maderas
Well 6, when permitted, shall be monitored monthly during the peak irrigation
season of April through October and shall be shut down for five (5) consecutive
days each month immediately prior to collecting a static groundwater elevation
(GWE) measurement. If the static groundwater level is below 178 feet bgs, then
production from Maderas Well 6 shall be discontinued until the water level rises
above 178 feet bgs.
T. Maderas shall notify the City within five (5) working days of knowledge of the
exceedance whenever the water level depth in either LSCTW or Maderas Well 6
exceeds the groundwater depth levels specified in these conditions of approval.
Within 30 -days of knowledge of the exceedance an interim report shall be
submitted to the City detailing the water level depth exceedance and mitigation
steps taken. Manual monitoring conducted per the protocols specified in these
conditions of approval of the well with an exceedance will be increased to
weekly, and production decreased or suspended in wells hydrogeologically
related to the exceedance.
U. Maderas shall design and construct a water system for the transportation of
reclaimed water throughout the project in accordance with Poway's Master Plan.
Unless extended by the City Manager, said construction shall be complete within
six months of Maderas' receipt of a written notice of the availability of recycled
water.
V. Maderas shall use reclaimed water to irrigate the golf course as soon as it
becomes available to the site to the full extent that such water is available, on a
first priority basis before raw water, groundwater, or domestic water is used to
irrigate the golf course, unless and only to the extent that the City Council in its
sole discretion expressly allows the use of raw or groundwater for such irrigation.
Prior to the use of reclaimed or raw water to irrigate the golf course, plans for
onsite landscape irrigation of the golf course, club house, and parking lot
landscaping shall be provided to the City. Said plans shall be submitted to the
County of San Diego Department of Environmental Health. The applicant will be
responsible for the fees in effect at that time for work by the County of San Diego
Department of Environmental Health.
W. Maderas shall fund all costs for a City -hired consulting hydrogeologist to assist
the City in ensuring compliance with the conditions of approval in this CUP for
the duration of the CUP. Within 30 days of this approval, Maderas shall submit
the initial $3,000 deposit to cover these costs. After the initial deposit, additional
funds to replenish the deposit shall be submitted as needed upon request by the
City. Maderas shall also fund all costs for a City -hired consulting biologist in the
23 of 36 August 15, 2017, Item ##4•2
Resolution No. P-13-28
Page 14
event the City determines biological consulting services are necessary pursuant
to the requirements of this CUP.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 19th day of November 2013.
Don Higginson, Mayor
ATTEST:
Q Q -Z- R,
Shetia R. Cobian, City Clerk
24 of 36 August 15, 2017, Item #4.2
Resolution No. P-13-28
Page 15
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-13-28, was duly adopted by the
City Council at a meeting of said City Council held on the 19th day of November 2013,
and that it was so adopted by the following vote:
AYES: CUNNINGHAM, MULLIN, HIGGINSON
NOES: VAUS, GROSCH
ABSENT: NONE
DISQUALIFIED: NONE
I�LLL2--`�col�:.
Sheila R. Cobian, City Clerk
City of Poway
25 of 36 August 15, 2017, Item #4.2
DAVID BARKIN
18355 SYCAMORE CREEK RD.
ESCONDIDO, CA. 92025
7-21-17
Dear Mayor and City Council Members:
THE ISSUE: On the agenda scheduled for August 15, 2017, is the matter
between the Barkins, resident of Lower Sycamore Creek Area (
herinafter "LSC"), and Maderas Golf Course, (hereinafter "Maderas"),
regarding the issue of Maderas's obligation and method to provide
adequate water to LSC. Specifically, the issue at hand for the City
Council to resolve is for the City to approve the "method" of providing
water to the Barkin's residence and the need for Maderas to reimburse
the Barkins for the cost of implementing that method.
BACKGROUND: In the latter part of 1999 or early part of 2000,
Maderas constructed it's golf course. In doing so, they filled their water
features and irrigated their fairways and greens with underground
water from its wells, taking out approximately one million gallons of
water a day. In short order, the massive use of underground water by
Maderas lowered the water table for the entire LSC and eliminated the
functional use of al wells used by the residents of LSC. The matter
came before City Council of Poway. Hydrological testing by Maderas
was ordered by the City. It was discovered that Maderas well 4 and 5
directly impacted the LSC area. Based on Maderas's investigations and
studies, the residence of LSC argued that wells 4 and 5 should not be
26 of 36 ATTACHMENT D August 15, 2017, Item # 4.2
utilized, not only because of the direct adverse impact to the LSC
community, but also because it was combined with the drought which
all of Southern California was experiencing. Maderas argued that it
would cost them tens of thousands of dollars in water expense if they
couldn't use all of their wells and thus it would be an economic burden
if they were prevented from using wells 4 and 5. The City appreciated
Maderas's dilemma and resolved matters by entering into an
agreement with Maderas that Maderas could use all wells, including
wells 4 and 5, but by doing so, Maderas would have to "guaranty"
supplying to LSC adequate water for all their residential and non-
residential use. The City Council provided for three (3) methods of
alternatives for Maderas to accomplish this. The methods: (1) trucking
in water; (2) deepening wells; (3) provide temporary above ground city
water lines. The City emphasized that these terms were mandatory to
provide safety, protection, and security for the residence of LSC, and
would be honored and upheld at all times. To insure this, these
provisions were reduced to writing and inserted into CUP 90-13m(2) in
year 2000, and again in November 2013 under CUP 90-13m(5) which
was recorded against Maderas's land within the document entitled
"Covenant Regarding Real Property".
CURRENT STATUS: All went reasonably well until the year 2015. About
mid -year, the Barkin's water supply became sporadic. Upon inspection
of our well, it was discovered that our well pump was clogged with dirt
and had burned out. We advised Maderas. We believed the problem
was due to a drop in the water level. Maderas argued it was due to the
pump being old and a dysfunctional well system. To avoid a major
dispute at this time we accepted Maderas's position, but cautioned
Maderas that if we experience problems with water the following
27 of 36 August 15, 2017, Item #4.2
summer, Maderas would have to supply us with adequate water by
drilling a deeper well, pursuant to the CUP. Thereafter, at the sole cost
of the Barkins, we replaced our pump and upgraded our safety
equipment to our well. We limped along until the rainy season started
in the winter of 2015.
As it turned out, May of 2016 (the following summer), we again had
water issues. We again professionally inspected the well pump and
system and all was performing correctly. However, the pump would
constantly turn off because prime was lost. It became obvious that the
lack of water was not due to our system, but due to the water table
dropping and not recovering fast enough for our well to produce
adequate water for our residential use, much less our non-residential
use. It was now clear that this problem was started back in 2015 and
continued into 2016, and had to be corrected.
We immediately notified Maderas of the returned water issue and
advised them of our need to start having water trucks deliver our
water. We also told them that water deliveries were fine for short term
periods, but this problem was long term and it was imperative that we
dig a deeper well. Our well was the most shallow well in LSC at
approximately 225ft. All the other wells in the area were at 375ft to
500ft. in depth. We asked Maderas to approve the method and cost
of digging a deeper well. They asked for a cost bid which we supplied
to them. They said they would meet and discuss this and get back to
us. In the meantime we continued with the water truck deliveries.
Maderas reimbursed us for the cost of the deliveries, but only months
after we advanced the funds. I personally wrote multiple e-mails to
Maderas encouraging them to quickly approve the well because the
water deliveries were expensive and frequent. We had let our
28 of 36 August 15, 2017, Item # 4.2
landscaping die to cut down the cost of deliveries so Maderas could
spend its money on the drilling of a deeper well. However, Maderas
kept stalling and continued to stall until the winter rains came. As such,
we were going into the next year without a permanent fix.
We had a strong rainy season in 2016/2017 and we had adequate
water during this period. Unfortunately, but predictable, as soon as the
rain stopped in March, so did our water supply. In fact, our pump
would not stay on for more than 30 seconds before it disengaged due
to a lack of prime. By June 2017, we had no water from our well and
we were completely dependent on water truck deliveries. The
situation became severe and the problem became obvious. Maderas
use of wells 4 and 5 for over 15 years all during severe drought
conditions, dropped the water table to a point that the underground
reserve was depleted that it couldn't replenish or recover sufficiently
to provide us with adequate water.
ISSUE # 1: Confirm Maderas obligation to reimburse the Barkins for
water truck deliveries and reimburse the Barkins for the cost of digging
a deeper well.
(a) WATER TRUCK REIMBURSEMENTS: Maderas to date has
reimbursed us for water truck deliveries for the period of March, 2017
to May 4, 2017. However, they have failed to reimburse us for the last
invoice we sent them, which was for the amount of $3,710. We
currently have another invoice which will be going out to Maderas for
the amount of $3,150. The total amount of water truck deliveries
unreimbursed is $6,860. No further deliveries are needed at this time
because of the new deepened well which was recently dug and
installed (see below).
29 of 36 August 15, 2017, Item # 4-2
(B) NEW WELL: As good fortune would have it, there was an
opportunity that came up to have a deeper well dug. What normally
takes 3-6 months to get on a driller's schedule, we were called by
Acme Drilling Division telling us there was a gap in his schedule and he
could start drilling immediately instead of waiting his normal 6 months.
We had to take advantage of this opportunity or we would be waiting
until next year to have the well dug. Our truck deliveries were
increasing, the weather getting hotter, and the expense escalating. We
had to stop the bleeding. Water truck deliveries to supply all of our
residential and non-residential needs had become inefficient,
ineffective and impractical. It simply was not economically feasible to
continue being completely dependent on water deliveries when digging
a deeper well was available and overall much cheaper. At this time, a
deeper well has been dug and all electric lines, pump and related
equipment has been installed. We had scheduled the depth to be
500ft, but found more than adequate water for our residential and
non-residential needs at 355ft. We stopped at that level. The cost of
deepening the well was $10,988.60 for the drilling and $5,584.57 for/
Hydro -Tech to install the plumbing and pump, etc. The total cost of the
new and deepened well was $16,573.17. Because the depth of the well
was not as deep as estimated, the cost was less expensive than what
was originally bid.
Based on the above, and in compliance of CUP 90-13m(2) and CUP 90-
13m(5), contained in Resolution No. P-13-28 and recorded November
21, 2013 in Convenient Regarding Real Property Doc. # 2013-0686897,
we request the City of Poway to have Maderas Golf Course satisfy its
written and agreed upon obligation to reimburse the Barkins for the
following:
30 of 36 August 15, 2017, Item #4.2
(1). Water Truck deliveries in the amount of:
(2). Digging of a deeper well in the amount of
(3. Total reimbursements for deliveries and well
$6,860;
$16,573.17.
$23,433.17
Thank you for your consideration in this matter and I look forward to
further discussing this at the August 15, 2017 City Council meeting.
Sincerely,
David Barkin
31 of 36 August 15, 2017, Item #4.2
SUNRO/,®
E N T E R P R I 5 E S
May 26, 2017
By email
Bob Manis
Director, Development Services
City of Poway
13325 Civic Center Drive
Poway, CA 92064
Re: Mitigation for Use of Maderas Wells
Dear Bob:
4445 Eosrgate Mall
Suite 400
San Diego, California
92121
(858) 362-8500
Fax: (619) 362-8448
You have asked that we provide information to support our assertion that Maderas's current
groundwater use is not impacting the wells of the Lower Sycamore Creek residents. We have enclosed
the necessary documentation, as well as a more detailed explanation of our position discussed below.
In 1999, before the current Conditional Use Permit that regulates Maderas's groundwater was granted,
two of the residents of Lower Sycamore Creek (LSC) experienced a lack of water due to nonfunctioning
wells. City staff began reviewing the situation and Maderas was informed that a condition of its
tentative map—performing a hydrology study—required completion prior to continued use of the
Maderas wells. City Council directed staff to work with Maderas and the LSC residents to resolve the
residents' water needs.
Prior to completion of the hydrology study, Maderas paid more than $60,000 either to deepen the LSC
residents' wells or to drill new wells for them. A summary of those costs is attached.
In 2000, Maderas submitted a hydrology study dated July 28, 2000. As part of the study, the engineers
performed a pump test. The pump test demonstrated a hydrological connection between Maderas Well
4 and the Lower Sycamore Creek residents' wells. The study is attached.
Another pump test was performed in 2010 on Wells 8, 9 & 10, which did not demostrate a hydrological
connection between those wells and the Lower Sycamore Creek Test Well (LSCTW). The 2010 report re-
confirmed that Well 4 is the only well that has been demonstrated to impact the water level in the
LSCTW. The 2010 report further assumed that because Well 5 was in the same lineament as Well 4,
then pumping at Well 5 may also impact the LSCTW. (The water level at the LSCTW is used as evidence
of the groundwater level of the LCS residents' wells. If the water level falls below 100 feet, Maderas is
prohibited from pumping from Wells 4 and 5). The report recommended that "Based on nine years of
data, there is no value in restricting pumping of Maderas Wells #1 through #3 and #6 through #10 when
the LSCTW trigger depth is exceed." The 2010 Report is attached.
The current CUP recognizes that Wells 4 & 5 are the only wells that impact the LSCTW, and thus the LSC
residents, by requiring Maderas to discontinue use of the western well zone—Wells 4 & 5—if the water
32 of 36 ATTACHMENT E August 15, 2017, Item #4.2
level at the LSCTW exceeds 100 feet below ground surface.
In 2015, Maderas closed and capped Wells 4 & S. They have not been used since then, and likely will
remain closed permanently.
In 2016, Mr. Barkin contacted Maderas regarding his insufficient water supply. Maderas paid $1,320 to
Mr. Barkin to have additional water delivered to his residence.
Mr. Barkin is still experiencing an insufficient water supply. Because Wells 4 & 5 have been capped,
however, Maderas's groundwater use cannot be impacting Mr. Barkin's use. If Maderas's use is not
impacting Mr. Barkin's use, the City Council cannot require mitigation from Maderas.
Courts require a nexus between the impact caused by development and the action the government
requires the developer to take in order to mitigate the impact. Nolan v. Callifornia Coastal Comm'n
(1987) 483 U.S. 825 [97 L.Ed.2d 677, 107 S.Ct. 3141]. Under takings jurisprudence, no difference exists
between designating land as mitigation or requiring a fee as mitigation. Ehrlich v. City of Culver City et
al. (1996) 12 Cal.4th 854. There is no evidence of a nexus between Maderas's groundwater use and the
insufficient water supply at Mr. Barkin's well. Despite condition M of the CUP, the City cannot impose
any fee or other mitigation on Maderas due to this lack of nexus.
Please let me know if you have any questions regarding the enclosed information.
Contreras Rosati
Attachments
33 of 36 August 15, 2017, Item # 4.2
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Hydraulic Study of the Sycamore Creek Sub -basin (July 2000)
(To view the document, use the following hyperlink or cut and paste into an internet browser)
http://ca-poway.civicplus.com/DocumentCenter/HomeNiew/4649
35 of 36 ATTACHMENT F August 15, 2017, Item # 4.2
Revised Hydrogeological Assessment Report (July 2010)
(To view the document, use the following hyperlink or cut and paste into an internet browser)
http://ca-Poway.civicplus.com/DocumentCenter/Home/\Iiew/4650
36 of 36 ATTACHMENT G August 15, 2017, Item # 4.2