Res P-00-65RESOLUTION NO. P-00-65
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT 90-13
AND MODIFYING CONDITION NUMBER4 ON PAGE 5
OF RESOLUTION NO. P-00-03
ASSESSOR'S PARCEL NUMBER 277-170-06
WHEREAS, Conditional Use Permit 90-13M(2) was submitted by Sunroad
Enterprises, applicant, to modify an existing Conditional Use Permit to establish an
operational plan and riparian habitat monitoring program for the use of groundwater at the
Maderas Golf Course based on the "Hydrogeologic and Biologic Study for the Sycamore
Creek Sub-Basin" prepared by Don Howard Engineering and dated July 28, 2000. The
property is located at 17750 Old Coach Road within the Planned Community (PC) zone;
and,
WHEREAS, the Mitigated Negative Declaration was mailed to the State
Clearinghouse and published in the local newspaper for a 30 day public review period
starting on July 27, 2000; and,
WHEREAS, on August 29, 2000, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The City Council has considered the E Iai Initial Study (ELS),
Mitigated Negative D (MND), and associated Mitigation Monitoring Program
shown as Exhibit A of this resolution for CUP 90-13M(2) and publ :1 on
the ElS and MND. The subject ElS and MND documentation is fully incorporated herein
by th' : The City Council finds that the mitig :t in the ElS
and Exhibit A hereof will mitigate potentially significant impacts to a level of less than
significant and hereby approves the MND and the associated Mitigation Monitoring
Program attached to this resolution as Exhibit A. A prior certified E Impact
Report with mitigation issued for TTM 89-13 on November 15, 1990 and
referenced for the approval of CUP 90-13 and TTM 89-13R on November 27, 1990.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code for Conditional Use Permit 90-13M(2) to establish an operational plan and riparian
habitat monitoring program for the use of groundwater at the Maderas Golf Course, are
made as follows:
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Resolution No. P-00-65
Page 2
The project is consistent with the General Plan and the Old Coach Golf Estates
Specific Plan in that groundwater use is allowable based on the hydrology study
prepared to document the effects of grounc~ the sub-basin and the City
Council's authorization for the amount of ground
That the location, size, design, and operating ch of the use will be
compatible with, and will not adversely affect or be materially detrimental to,
adjacent uses, buildings, structures, or natural in that the extent of
groun(~ 3e will be limited 1 amount that will not adversely affect
the well production of existing and future residential wells within the same sub-
basin.
That the harmony in scale, bulk, coverage, and density' l with adjacent
uses because ground .-'le will be regulated to balance the irrigation needs
of the golf course with the residential well usage within the watershed.
That there are available public facilities, services, and utilities to serve the golf
course, and the extent of ground, lhodzed by the City Council will be in
with metered potable water use until such time as raw water and
recycled water b ~)le for irrigation.
That there will not be a harmful effect upon desirable neighborhood characteristics,
in that groundwater use will be monitored so that downstream and upstream
residential wells do not experience significant drawdown.
That the ~ =traffic will not adversely impact the surrounding :l/or
the City's Transportation Element, in that groundwater use will have no bearing on
traffic.
That the site is suitable for the type and intensity of the use in that the amount of
ground, ~]e is specified in this resolution to be compatible with residential
ground the vicinity.
That there will not be significant harmful effects upon quality and
natural in that groundwater use will be regulated by groundwater and
shallow riparian habitat monitoring wells so as to retain th quality
of the groundwater aquifer and maintain the riparian habitat in its normal state.
That th :h ; ad impacts of the development
that cannot be mitigated. The establishment of an operational plan and riparian
habitat monitoring plan for the use of groundwater at the Maderas Golf Course will
reduce any potentially adverse impacts to a less than significant
level.
Resolution No. P-00-65
Page 3
Section 3: This second modification to Conditional Use Permit 90-13, as shown on the
application dated May 10, 2000, to establish an operational plan and wetland and riparian
habitat monitoring program for the use of groundwater at the Maderas Golf Course located
at 17750 Old Coach Road within the Planned Community zone, is hereby approved,
subject to the following conditions:
The conditions of approval contained in Resolution P-00-03 shall remain in effect
except for Condition number 4 on page 5 of said resolution, which is amended as
follows:
Prior to issuance of a building permit for the 8,000-square-foot permanent
clubhouse, a new grading permit shall be issued and progress made on
impl :the req :said permit, including any required biological
mitigation and application, if necessary, to Federal, State or Regional agencies, to
th ; the Director of Development Services. Th I any other
permits pursuant to Conditional Use Permit 90-13 or Development Review 98-35
shall be at the d' I the Director of Development Services.
B. Within 30 days of the date of this approval, the applicant/property owner shall:
Submit in writing that all conditions of approval have been read and
understood.
2. Execute a Covenant on Real Property.
The use conditionally granted by this approval shall not be conducted in such a
to interfere with th 31e use and enjoyment of th :ling
open space and residential uses.
This Conditional Use Permit may be subject to annual review as determined by the
Director of Development Services for compliance with the conditions of approval
and to add that may h :1 during the past year.
The applicant shall retain a qualified biologist on a continuous basis 1'
of the wetland and riparian habitat for as long as groundwater is used for golf
· '3ation.
In order to implement the wetland and ripadan habitat monitoring program, the
following shall be accomplished by the applicant within 30 days of the date of this
approval:
Resolution No. P- 00-65
Page 4
Shallow monitoring wells shall be installed at eight locations, adjacent to
each existing or proposed transect as identified in the "Hydrogeologic and
Biologic Study for the Sycamore Creek Sub-Basin" prepared by C ~
Engineering and dated July 28, 2000, as foil :herwise approved
by the Director of Development Services. Any offsite wells require the
: the property owner prior to installation.
a=
The three upstream locations shall include a location within
Thompson Creek to the east of Old Coach Road, a location within
Sycamore Creek just downstream of the Hidden Valley Ranch
property, and a I !hin Green Valley Creek located in the Blue
Sky Ecological Reserve.
b. The two on-site I
the golf course.
lall be within Sycamore Creek and along
The three C I 3all be offsite of the golf -I
within Sycamore Creek and within the ownership of the San Dieguito
River Park.
Install pressure transducers and data loggers at the on-site wetland and
ril; ' .~ wells and pumping wells 2 and 4 to establish the baseline
water levels and all ' ~ of the changes over time.
3. P
3all be placed at the 10 foot depth in each offsite well.
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The habitat to b :1 shall be staked in the field by the applicant to the
: the Director of Development Services.
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Data from the data loggers on the eight wetland and rip ' 3 wells
shall be retrieved weekly until August 31, 2000, and monthly thereafter, and
shall be included in the report required in Subsection I of Section 3 of this
resolution below.
The qualified biologist retained by the applicant shall perform monthly qualitative
inspections of the habitat within the eight band transects that coincide with the
wetland and riparian habitat monitoring wells from September 1, 2000 through
October 1, 2001. The results of these inspections shall be submitted to the City in
wdting for review by the City's consulting biologist. After the first year of reporting,
the Director of Development Services shall determine the appropriate reporting
interval for th' :ion.
Resolution No. P-00-(;5
Page 5
In addition to the monthly qualitative reports, the qualified biologist retained by the
applicant shall perform and submit to the City a written quantitative survey of the
habitat within the eight band transects that coincide with the wetland and riparian
habitat monitoring wells in September 2000, November 2000, and February 2001.
Thereafter, the quantitative report shall be conducted in May and October of every
year and submitted to the City within 30 days of completion of the survey. The data
collected shall be submitted in report form to the Director of Development Services
and shall include the following:
In order I the health of the wetland and riparian trees and plants
through a visual l, a photo inventory of the riparian habitat shall
be included in the report and provided in digital format, to the satisfaction of
the Director of Development Services. The digital photos shall I; -1
to the staked habitat in the field and a map of the rip
Water levels at the shallow rip ' ;] wells located at each transect
location shall be retrieved by the applicant on a weekly basis through August
31, 2000, and thereafter on a monthly basis as described in Condition J
below. This data shall be included in the monthly reports provided in written
form to the City Engineer on the 20th calendar day of every month pursuant
to Condition J.2. of Section 3 of this Resolution. This data shall also be
assessed as part of the quantitative analysis by the biologist.
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The analysis shall include a d ; any habitat impacts and their effect
on the Restoration Plan for the Maderas Golf Course and California
Department of Fish and Game Streambed Alteration Agreement #5-317-97
dated October 1999.
During th ;] year, additional ' ' may be requested at the
d' : the Director of Development Services.
In order to protect the riparian habitat, the applicant shall monitor the water levels
of the 1' lallow alluvial wells (Monitoring Well 1 (MW-1), Monitoring Well
2 (MW-2), Monitoring Well 3 (MW-3), Monitoring Well 4 (MW-4)) and the Maderas
Golf Club's Wells 1,2, 3, 4 and 5, as shown on Plate 3 of Appendix D contained in
the "Hydrogeologic and Biologic Study for the Sycamore Creek Sub-Basin"
prepared by Don Howard Engineering and dated July 28, 2000, on a monthly basis.
The applicant shall comply with all of the following:
If the water levels of MW-2 or MW-4 reach 10 feet below ground surface,
grounC : Maderas Golf Club's Wells 2 and 5 shall cease until the
City Engineer has determined that water levels in the shallow alluvial wells
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Resolution No. P- 00-65
Page 6
have stabilized at 5 feet below ground surface, and the applicant's qualified
biologist shall provide a quantitative analysis of the riparian habitat as
described in Condition H of Section 3 above, to the satisfaction of the
Director of Development Services. Resumption ofgrounC ~all not
occur without the express written consent of the City Manager.
If the water level in MW-2 or MW-4 continues to decline to 15 feet below
ground surface, grounC ~all cease at Maderas Golf Club Wells 1,
3 and 4 until the City Engineer has determined that water levels in the
shallow alluvial wells stabilize at 10 feet below ground surface and the
applicant's qualified biologist shall provide a quantitative analysis of the
riparian habitat as described in Condition H of Section 3 above, to the
satisfaction of the Director of Development Services. If the water levels in
any of the off-site wetland and riparian habitat monitoring wells decline to 10
feet or more below ground surface, the use of groundwater shall cease
immediately. The use of groundwater will be ~ by the City
Engineer prior to resumption. Resumption shall not occur without the
express writt ~, of the City Manager.
If impacts to the wetland and riparian habitat have occurred, the following
mitigation and monitoring req shall be implemented by the
applicant pdor to resumption of the grounc 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 ~1 "compensation mitigation" in compliance
with Section 7.4 of the Poway Subarea Habitat Conservation Plan
(Poway HCP).
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
req and success criteria, and plant
replacement guidelines. The Program shall be consistent with and
further the objectives of the Poway HCP, and shall
ensure th completion of all identified miti§
Resolution No. P-00-65
Page 7
Notwithstanding ;;le within the water level limits set forth above, if
the City Council d that grounC 3e is adversely affecting
riparian habitat, groundwater use shall cease or be reduced as directed by
the City Council. In the event such direction is not complied with by the
applicant, this Conditional Use Permit may, after public hearing, be modified
or revoked.
In order to ensure that the use of groundwater by the applicant will not adversely
impact groundwater levels for other well users off-site, the applicant shall measure
the static water levels at the four bedrock wells (Maderas Wells 2 and 4, lower
Sycamore Creek test well, and Old Coach Estates test well) and the f
shallow alluvial wells (Monitoring Well 1 (MW-l), Monitoring Well 2 (MW-2),
Monitoring Well 3 (MW-3), Monitoring Well 4 (MW-4)) as shown on Plate 3 of
Appendix D contained in the "Hydrogeologic and Biologic Study for the Sycamore
Creek Sub-Basin" prepared by Don Howard Engineering and dated July 28, 2000,
and provide additional data as follows:
Pf - Collect monthly precipitation data from the Poway Valley
Station No. 7111, and precipitation and temperature data from Maderas' on-
site weather station when operational. Th' ' ' :ion shall be included in
the monthly groundwater report referenced below.
2. Groundwater Levels shall b
~ as follows:
Pressure transducers and data loggers shall be installed at the four
bedrock wells and four shallow alluvial wells.
Data loggers shall record water levels a ' '
at each of the wells.
every two hours
The data shall be retrieved by the applicant on a weekly basis through
August 31, 2000, and thereafl' :hly basis. Monthly reports
shall be provided in written form to the City Engineer on the 20th
calendar day of every month.
d=
During the retrieval of data, water levels will also be measured
manually. Water levels 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.
Resolution No. P-00-65
Page 8
· Maderas Wells 1,3, 5 and 6
Malone Well
· Myers Well
· Tremble Wells (2)
· Sawzak Wells (3), if possible
· Barkin Well
· Tamayo Well
· San Dieguito River Park Well
· Blum Wells (3), if possible
[ion - Record, on a weekly basis, the f~ -lings for each of
the five Maderas wells equipped with pumps as shown on Plate 3 of
Appendix D contained in the "Hydrogeologic and Biologic Study for the
Sycamore Creek Sub-Basin" prepared by Don Howard Engineering and
dated July 28, 2000. The data shall be retrieved by the applicant on a
weekly basis through August 31, 2000, and thereafter on a monthly basis.
Monthly reports shall be provided in written form to the City Engineer on the
20th calendar day of every month.
Pumping - The groundwater I : stabilize at or above 80 feet below
ground surface at the lower Sycamore Creek test well, and at or above 120
feet below ground surface for the Old Coach Estates test well. However, the
groun¢ (water level depth) shall not exceed 180 feet below
ground surface for Old Coach Estates test well and 100 feet at lower
Sycamore Creek test well. If the water levels specified -led, the
applicant shall discontinue the use of groundwater until the water levels
stabilize at 40 feet above the designated water level for each test well. Once
the wells have 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 pdor to discontinuing the use
of the wells for the remainder of th ;l year. If the specified water
level is exceeded again, the process will be repeated.
Notwithstanding water usage within the water level limits set forth above, if
the City Council d that groundwater usage is adversely affecting
ground by other well users off-site, groundwater use shall cease
or be reduced as directed by the City Council. In the event such direction is
not complied with by the applicant, this Conditional Use Permit may after
public hearing be modified or revoked.
Within 45 days of the end of each monitoring year (October 1 through September
30), a summary report analyzing all of the data collected dudng the year, from both
the wetland and rip ' .;I wells and the groun¢ ;] wells with
an updated groundwater b ysis, shall be prepared to the satisfaction of
the City Engineer,
Oo
Resolution No. P-00-65
Page 9
All expenses and fees for the consultant and staff time shall be borne by the
applicant. The cost of the review of the data for both the riparian monitoring and
monitoring for off-site well :1 to be $15,000 (to be on deposit) over
the initial five year period with the deposit adjusted for inflation after five years.
Additional fund 'y for the work are subject to the approval of the Director
of Development $ J the applicant. This fee does not include any unusual
study that may be required due to impacts of grounc :1 related impacts
to the riparian trees and understory.
Production shall be distributed as evenly as possible through the year to avoid peak
drawdown.
The applicant shall g 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 pedod 3/to meet those needs at the applicant : and
expense. The applicant shall also be responsible for any secondary exl: ~
as road repairs, determined by the Director of Development $ necessary
to provide th The alternatives for supplying such 3all
include deepening wells, trucking and storing water on site(s), or extending a
temporary aboveground water line from the Highland Ranch : point.
The applicant may select the alternative and shall be responsible for all costs
associated with implementing continued and uninterrupted 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 d ~ich of the above stated alt to be implemented
and the applicant shall comply with the Council's d :lition of this
conditional use permit. In the event that the City Council d at any time
that th to the lower Sycamore Creek :~equate, it may direct
that grounc .~e by the applicant shall cease until City Council d
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.
The applicant will stop using potable (domestic) City
of a fire in the Old Coach area.
:liately in the event
The applicant shall design and construct a water system for the transportation of
recycled (reclaimed) water throughout the project in accordance with Poway's
Master Plan. Said construction shall be complete within six months of availability
of recycled water. The City Council will -I approve th '"future
groundwater usage in :h recycled, raw and potable water.
Resolution No. P.00-65
Page 10
The applicant shall use recycled (reclaimed) water to irdgate the golf course as
soon as it becomes available to the site to the full extent that such water is
available, on a first pdodty basis b groundwater, or d
is used to irrigate the golf course. Prior to the use of recycled or raw water to
irrigate the golf course, plans for on-site landscape irrigation of the golf course, club
house, and parking lot landscaping shall be provided to the City. Said plans will be
submitted to the County of San Diego Department of E Iai Health. The
applicant will be responsible for the following fees for work by the County of San
Diego Department of E Health:
a. Site Plan Check
b. Shut Down Test**
c. Title 22 Inspection
$200.00 avg. cost*
$320.00 avg. cost*
$ 80.00 avg. cost*
* based on full cost recovery; actual 1' I may vary
** shut down test is required at initial installation and at least every
four (4) years on sites with both recycled and potable water.
Section 4: The approval of Conditional Use Permit 90-13M(2) shall expire on February 28,
2001 at 5:00 p.m. unless, prior to that time, the applicant has fully implemented the
grounC ;I programs pursuant to this approval.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 29th day of August 2000.
ATTEST:
orMichael P.
LorilAnne Peoples, City Clerk
Resolution No. P- 00-65
Page 11
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. P- 00-65 was duly adopted by the
City Council at a meeting of said City Council held on the 29th day of August 2000 and that
it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Peoples, City Cler~
City of Poway
,- Resolution No. P- 00-65
Page 12
EXHIBIT A
MITIGATION MONITORING PROGRAM
FOR CO [2)
MADERAS GOLF COURSE GROUNDWATER USE
The California Quality Act (CEQA) requires a Mitigation Monitoring Program
pursuant to California Public Resources Code, Section 21081.6). The following Mitigation
Monitoring Program identifies ti~ impact and miti~ ' ~entified in the
d :1 and approved by the City of Poway City C ~e party
responsible for imp : the miti~
TOPIC
MITIGATION MEASURE(S) TIMING
RESPONSIBILITY
1. Biology a. a. a. Applicant
b. b. b. Applicant
Miti
c. c. c. Applicant
pursuant to
2. Hydrology
and Water
Quality
the golf
/
Services.
a. Applicant
Resolution No. P- 00~65
13
Page
TOPIC
MITIGATION
:S)
b. be
TIMING
b. Ongoing
RESPONSIBILITY
b. Applicant
c. Recycled (reclaimed) water
¥ of c. Applicant
city