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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: G= 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. = The habitat to b :1 shall be staked in the field by the applicant to the : the Director of Development Services. = 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. = 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 = 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