Covenant Regarding Real Property 2000-0500208DOLt 2000-0500208
CITY OF POWAY
TO:
CITY CLERK
2033
SEP lq, 2000 8:46 AM
OFFICIO. ~ECO~
SAN ])lEE) COL~ITY RECO DER'S OFFICE
GIEGORY J. ~ITH, COIg'TY RECORDER
FEES: .00
No Transfer Tax Due
COVENANT REGARDING REAL PROPERTY
Maderas Country Club, LLC, A Califomia Limited Liability Company, PROPERTY
OWNER ("OWNER" hereinafter) is th P real property described in Exhibit A which
is attached hereto and made a part hereof and which' y known as Assessor's
Parcel Number 277-170-06 ("PROPERTY" h ). In consideration of the approval
of Conditional Usu Permit 90-13M(2), by the City of Poway ("CITY" I~ ), OWNER
hereby agrees to abide by conditions of the attached (Exhibit B).
This Covenant shall run with the land and be binding upon and inure to the benefit
of the future owners, encumbrancers, heirs, personal representatives,
-I assigns of the respective parties.
In the event that Conditional Use Permit 90-13M(2) exp* ' :led by City
Council at the request of the OWNER, CITY shall expunge this Covenant from the record
title of the PROPERTY.
In the event of litigation'l the p ' ' ~ this Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party.
Dated:
Dated:
Maderas Country Club, LLC
OWNER~ By: Sunroad Asset Management,
C, Inc.,M.anaging Member
,
By:
(Notarize)
CITY Of P. OWAY
Niall Fritz, Director of De.~lopment Services
CALIFORNIA ALL.PURFdSE ACKNOWLEDGMENT
State of
County of ~-
On
personally appeared
¥(ies)
acted,
OPTIONAL
Description of Attached Document
Title or
Signer(s) Other
Capacity(les) Claimed by Signer(s)
~ Individual [] Individual
~ []
Title(s): 'T'itie(s):
[] Partner-- [] Limited [] General [] Partner-- [] Limited [] General
~ Trustee [] Trustee
[] Other: [] Other:
DESCRIPTION
EXHIBIT A
PARCEL A:
pARCEL 3 IN THE CITY OF POWAY, COUNTY OF SA~ DIEGO, STATE OF A~ SHOWN
ON PARCEL ~ NO. 17989, FILED IN ~ OFFICE OF T~E CO~ RECORDER OF SAN DIEGO
COUNTY ON FEBRUARY 25, 1998 AS FILE NO. OF OFFICIAL P~CORDS.
PARCEL
PARCEL IN /'HE CITY OF DOWAY, COUNTY OF SAN DIEGO, STATE OF
AS SHOWN ON PARCHL M3%P 17433, FILED IN TI{~ OFFICE. OF THE COUNTY
RECOEDER OF SAN DIEGO COUNTY ON OCTOBER 14, 1994 ~ FIL~ NO. OF
OFFICIAL ~COP, DS.
THAT PORTION LYING WITKIN PA~CEL A OF OF
BOUNDARY NO. EA 94-08, RECORDED FEBRUARY 16, 1995 AS FILE
OF OFFICIAL RECORDS-
PARCEL C:
AN EASEMP/~T FOR T~ PURPOSES OF
DRAINAGE ~ RELATED
PURSUANT TO AND A~ DEFINF-D IN OF AND
FOR OLD COAC~ GOLD CLUB, RECORDED APRIL 6, 1998 AS FILE NO.
OF OFFICIAL R~CORDS A~D FOR TKE PURPOSES OF PLANTING A~D
PLANTS, TREES, SH~U~$ AND OTHER WITHIN THE SLOPE EASEMENT
"SLOPE , AZ~D AND
SAM~.
AND AN SYSTEM,
WITHIN THE SLOPE EASEMENT AREA
OF
THE
BEING A PORTION OF PARCEL 4 OF PARCEL MA~ NO. 17989 IN THE CITY OF POWAY, COUNTY
OF SAZ~ DIEGO, STATE OF FILED IN THE OFFICE OF THE CO%TNTY R~CORDER OF
SAID SAN DIEGO COUNTY, EEING MORE AS FOLLOWS:
PARCEL A:
AT THE MOST TERMINUS OF THAT CERTAIN LINE SHOWN
AS "NORT~ WEST 25?.73 ~-~ET" ON THE EASTERLY LI~ OF SAID
P~CEL 4; ~CE ~NG SA~ ~ST~LY LI~ NOR~ WEST 2~7.73 FEET: ~ENCE
~ SAID ~Y LI~ T~ CO~SES: NOR~ WEST
222.9~ FEET; ~CE NOR~ ~T 2~.94 FEET; ~EN~
116.60 FEET: ~E NOR~ ~T 126.34 FEET; ~CE NOR~ ~T
183.14 FEET; T~CR NOR~ . . , ~T 178.74 FEET; ~NCE NORTH ~T
171.00 ~ET; T~NC~ NOR~ 28~2'42'' ~T 183.32 FEET; ~CE NOR~ ~T
118.82 FEET; ~ NOR~ ~$T 130.75 FEET TO POI~ "A";
~O~ S~D ~T~Y LI~ ~R~ , ~T 73.~8 ~ET;
L~VING S~D ~Y LI~ SO~ ~T 15.33 FEET; ~CE SO~
E~T 115.50 FEET; ~ SO~ ~ST 52.02 FEET; ~CE SO~
~ST 4~.16 FEET; ~CE SO~ EAST 61.03 FE~T; T~CE SO~
~T 43.41 FEET; ~NCE SO~ 07~14'27'' ~ST 38.08 FEET;
WEST 38.75 FEET; ~ SO~ WEST 41.10 FE~T; THENCE
~$T 48.69 FEET; T~CE SO~ 21"35'41'' WEST 48.88 FEET; ~C~ SO~H
WEST 33.00 FEET; ~NCE SO~ 87"2~'19" WEST 31.0~ FEET; ~NCE SO~
"-.,36
DESCRIPTION
WEST
EAST
WEST
WEST
WEST
WEST
WEST
EAST
WEST
WEST
EiLST
WEST
87.44
14.62
36.09
39.49
41.01
FEET: THENCE SOUTH
FEET: THENCE SOUTH 75o34'57"
FEET: THENCE SOUTH
FEET; TI{Ei~CE SOUTH
FEET; I~CE SOU~
FEET: ~CE SO~
41.36 FEET; T~ENCE SOl/TH 07°41'33"
105.93 FEET; THENCE SOUTH
126.14 FET; T~NCE SOUTH 15°19'~6"
14,6~ FEET; T~NCE SOUTH
5S.85 FEET: THENCE SOUTH ,
100.67 FEET TO TEE POINT OF
WEST 72.!7 FEET; ~EENCE SOI/I'H
WEST 56.07 FEET; THENCE SOUTH ..
WEST 107.08 FEET; THENCE ~ORTH
W~$T 33.31 FEET; THENCE SOUTH
EAST 86.42 FEET; THENCE SOUTH
WEST 224.78 FEET; THENCE SOUTH
WEST 105.78 FEET; T~NCE
WEST 30.58 FEET; THE~CE SOT/TH
EAST 76.20 FEET; THENCE
EAST 62.44 FEET; TKENCE
EAST 64.73 ~ET; ~/-iENCE
TOGET~-ER WITH:
PARCEL
ATT HE ABOVE
FEET TO T~ TRUE POINT OF
PARCEL 4; TI~'NC~ ;%LONG SAID
WEST 130.29 FEET; ~CE
WEST 270.58 FEET; THENCE SOL'TH WEST
WEST 294.20 FEET: THENCE SOUTH 89~21'19'' W~$T
WEST 189.22 FEET; T~NCE SOUTH $7"23'25'' WEST
WEST 177.91 FEET; T~CE NORTH 00~49'46" WEST
POII~T "A"; THENCE NORTH 41~01'49'' WEST 916.43
~EING A POINT ON TH~ LINE OF SAID
LINE THE COU~SES: SOUTH
WEST 100.00 FEET; T~CE SOUTH
246.77 FEET; THENCE SOUTH
210.88 FEET; THENCE SOU?H
349.66 FEET; T~ENCE NORT~
WEST 176.54 FEET; T~2~CE NORTH WEST 220.31 FEET; THENCE NORTH
F2%ST 1~2.09 FEET THENCE NOR~{ ~AST 22~.90 FEET: THENCE NORT~ 05"36'14"
EAST 330.11 FEET; THENCE LEAVING SAID LINE NORTH ~T
FEET; TH~CE SOUTH 07"35'49'' F~T 44.40 FEET; T~ENCE SOUTH WEST 26.95
FEET; TI~E
FEET;
FEET; THENCE
· F~ET; THENCE
FEET; THENCE
FEET: THENCE
FEET: THENCE
FEET; THENCE
F~ET; THENCE
FEET;,THENCE
FE~T; T~CE
FEET; TI~-NCE
FEET: THENCE
FEET; T~CE
FEET; THENCE
FE~T; TH~CE
FE~T; THENCE
FEET; THENCE
FEET; THF~CE
FEET; T~'F~NCE
FEET; TEENCE
SOD-~ 63°S1°04" WEST S4.19 FEET; THENCE SOUTH WEST 57.22
SO~ 14~14'03'' WEST 60.44 FEET; THENCE SOU/~A 03~20'14" EAST 38.83
SO~]'I~H 11°S0'58'' EAST $4.79 FEET; THENCE SOU~/"~ E~T 22.16
SO~ 79o20'25'' WEST 8.48 F~ET; ~CE SO~ ~T 39.95
SO~ 16~14'28'' ~ST 33.79 FEET; ~NCE SO~ 0"00'00" ~ST 24.79
SO~ 1~29'21" ~T 43.81 FEET; ~E~CE
SOQi'~ 79"29'00" ~ST 9.91 FEET; ~CE
S0~ 0~19'44'' ~T 69.92 FEET; T~CE S0~H 13"53'17'' ~T 24.~7
S0~ 27°0S'31" ~T 33.S7 FEET; ~CE $0~ ~T 168.42
S0~ , ~ST 103.08 F~ET; THENC~ SO~ ~T 163.14
SO~ 1~00'44'' ~T 20.36 FEET; ~CE
SO~ ~ST 134.38 FEET; ~ENCE SO~ ~T 37.~3
SO~ ~T 18.19 FEET; ~CE $0~
EAST ~4.83 FEET;
NORTh4 70"16'22" EAST S2.87 FEET;
SOUTH EAST %~.02 FEET;
NORTH EAST 26.47 FEET;
~/-IENCE SOUT~ 84°59'S8'' EAST 36.14
THENCE NORT]{ 88"]6'%3" F2%ST 177.23
T~E NORTH EAST 41.E9
THENCE NORTH EAST 64.46
NORTH 61033'26" FJ%ST 12.28 FEET; THENCE SorrfH 44"36'41' EAST 24.0S
NORTH EAST 117.08 FEET; T~CE NOETH E~T 43.~i
NORTH 87"47'51" ~T 63.38 FEET; ~ENCE NOR~ , W~ST 10.61
NOR~ 86~27'04" EAST 53.70 FEET; T~NCE NORTH ~ST 45.00
NOR~ ,. ~T 40.33 FEET; ~ENCE NOR~ ~T 60.40
i~9-d PO/~O'd lPO-i ~OUd PI¥OP:i! O0-ZZ-H~
2037
DESCRIPTION
FEET; THENC~ NORTH 07o10'21" WEST 8.97 FEET; THENCE NORT~
FEET; THF. NCE NORTH 25~%2'00" F~T 121.43 FEET; ~ENCE NORTH
FEETt 'I'HENCE NORTH 31o27'00" ~T 139.44 FEET; THENCE NORTH
F~ET; THENCE NORTH 83~22'44" WEST 44-01 FEET: THENCE NORTH
FEET; THENCE NORT~ 09~53'$9'' EAST 125.11 FEET; T~CE SOUTH
FEET TO T~E TRW POINT OF
~A~T 92.51
WEST 30.75
EAST 102.$4
F~T 130.64
F~T 19.66
O38
£XHIBIT B
RESOLUTION 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 NUMBER 4 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 13 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:
,~ The City Council has considered the E ~ Initial Study (ELS),
Mitigated Negative Declaration (MND), and :1 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 :1 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 :1 Mitigation Monitoring
Program attached to this resolution as Exhibit A. A pdor certified E Iai Impact
Report with mitigation issued for"l-rM 89-13 on November 15, 1990 and
:1 for the approval of CUP 90-13 and TTM 89-13R on November 27, 1990.
Section 2: The findJngs, 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:
Bo
Resolution No. P-00-65
Page 2
The project is : 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 groun(~ the sub-basin and the City
Council's authorization for the amount of grounC.
That the location, size, design, and operating characteristics of the use will be
compatible with, and will not adversely affect or be materially d to,
adjacent uses, buildings, or natural in that the extent of
grounC ;le 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, coverege, and density' I with adjacent
uses because grounc ~e will be regulated to balance the irrigation needs
of the golf :h the resident;~l well usage within the watershed.
That there are available public facilities, services, and utilities to serve the golf
course, and the extent of grounc :hodzed by the City Council will be in
with metered potable water use until such time as raw water and
recycled water b 31e for irrigation.
That there will not be a harmful effect upon desireble neighborhood ch
in that groundwater use will be monitored so that downstream and upstream
residential wells do not ex[: ';]nificant drawdown.
That the g Ftraffic will not adversely impact the surrounding :l/or
the City's Trensportation Element, in that groun¢ have no bearing on
traffic.
That the site is suitable for the type and intensity of the use in that the amount of
groundwater usage is specified in this resolution to be compatible with residential
groundwater use in 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 dpadan habitat in its normal state.
That th :h : aU ~1 impacts of the development
that cannot be mitigated. The establishment of an operetional plan and riparian
habitat monitoring plan for the use of groundwater at the Maderes Golf Course will
reduce any potentially adverse Iai impacts to a less than significant
level.
Resolution No. P-00-65
Page 3
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 applicafie-, if necessary, to Federal, State or Regional agencies, to
the satisfaction of 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' :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 the reasonable use and enjoyment of th :ting
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 f .~
of the wetland and ripadan habitat for as long as groundwater is used for golf
course irrigation.
In order to implement the wetland and riparian habitat monitoring program, the
following shall be accomplished by the applicant within 30 days of the date of this
approval:
2041
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
i the property owner prior to installation.
The three upstream locations shall include a location within
Thompson Creek to the east of Old Coach Road, a location within
Sycamore Creek just d of the Hidden Valley Ranch
property, and a location within Green Valley Creek located in the Blue
Sky Ecological Reserve.
The two on-site locations shall be within Sycamore Creek and along
the .oo~f course.
The three d I ~all be offsite of the golf
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
dp [t 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 be monitored shall be staked in the field by the applicant to the
sat I the Director of Development Services.
Data from the data loggers on the eight wetland and dp ' ;] 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
writing 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 this information.
2042
Resolution No. P-00-65
Page 5
In addition to the monthly qualitative reports, the qualified biologist retained by the
applicant shall perform and submit to the City a wdtten quantitative survey of the
habitat within the eight band transects that coincide with the wetland and dpadan
habitat monitoring wells in September 2000, November 2000, and February 2001.
Thereafter, the ¢ ' ' 3oft 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 ~ the health of the wetland and dparian trees and plants
through a visual l, aph 'y of the dpadan 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 b '~
to the staked habitat in the field and a map of the dp
Water levels at the shallow dp ' ,~ 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 R Plan for the Maderas Golf Course and California
Department of Fish and Game Streambed Alteration Agreement #5-317-97
dated October 1999.
During the monitoring year, additional ' ' may be requested at the
d' = the Director of Development Services.
In order to protect the ripadan habitat, the applicant shall monitor the water levels
of the t' ~allow alluvial wells (Monitoring Well 1 (MW-l), 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 C ~ 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,
groun¢ : Maderas Golf Club's Wells 2 and 5 shall cease until the
City Engineer has determined that water levels in the shallow alluvial wells
2043
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 dparian habitat as
described in Condition H of Section 3 above, to the of the
Director of Development Services. Resumption ofgroun¢ lall 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, groun¢ lall 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 dpafian habitat monitoring wells decline to 10
feet or more below ground surface, the use of groundwater shall cease
immediately. The use of groundwater wi~i be :1 by the City
Engineer pdor to resumption. Resumption shall not occur without the
express writl i of the City Manager.
If impacts to the wetland and riparian habitat h
mitigation and monitoring requirements shall
applicant pdor to resumption of the groun(l
Director of Development Services:
:1, the following
be implemented by the
to th ~ the
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
requirements, : and success criteria, and plant
replacement guidelines. The Program shall be I with and
further the objectives of the Poway HCP, and shall
ensure th completion of all identified mitig
20, 4
Resolution No. P-00-65
Page 7
Notwithstanding 3e within the water level limits set forth above, if
the City Council d that grounC 3e is adversely affecting
riparian habitat, ground lall 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 l'
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:
P ~ata - 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' lall be included in
the monthly groundwater report referenced below.
shall b :1 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.
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 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 p to test any of the wells listed below, the
City Engineer shall d i alternative well sites should be tested.
2045
Resolution No. P~0-65
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
Production - RecOrd, on a weekly basis, the tl :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.
PumBing - The groundwater levels must 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
ground (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 are exceeded, 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 th "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 d ' 3 the use
of the wells for the remainder of th ;~ year. If the specified water
level is exceeded again, the process will be repeated.
Notwithstanding ge within the water level limits set forth above, if
the City Council d that groun¢ ;le is adversely affecting
ground by other well users off-site, ground 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 ril: ' ;] wells and the ground ' ~ wells with
an updated groundwater b ysis, shall be prepared to the satisfaction of
the City Engineer.
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 ripadan monitoring and
monitoring for off-site well ,1 to be $15,000 (to be on deposit) over
the initial five year pedod 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 $ ri the applicant. This fee does not include any unusual
study that may be required due to impacts of groun¢ ri related impacts
to the dpadan 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 snail supply water to meet those needs in such quantit;es and
for such period 3/to meet those needs at the applicanl : and
expense. The applicant shall also be responsible for any secondary exl: ~
as road repairs, determined by the Director of Development S necessary
to provide th The altematives for supplying such 3all
include deepening wells, trucking and stodng 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 ali ' 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 :lequate, it may direct
that grounC 3e 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 ri approve th ~future
groundwater usage in :h recycled, raw and potable water.
2047
Resolution No. P.00-65
Page 10
The applicant shall use recycled (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 b groundwater, or d
is used to irrigate the golf course. Pdor 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 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 f l may vary
** shut down test is required at initial installation and at ;east 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
groun¢, 3 programs pursuant to this approval.
ATTEST:
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 29th day of August 2000.
Michael P. C.~fagna;~ Mayor
Lori~Anne Peoples, City Clerk
2048
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
nne Peoples,
City of Poway
City Cler~
2049
Resolution No. P- 00-65
Page 12
EXHIBIT A
MITIGATION MONITORING PROGRAM
FOR CONDITIONAL USE PERMIT 90-13 M(2)
MADERAS GOLF COURSE GROUNDWATER USE
The California E Quality Act (CEQA) requires a Mitigation Monitoring Program
pursuant to California Public Resources Code, Section 21081.6). The following Mitigation
Monitoring Program identifies th al impact and miti(:j' ' ':lentified in the
¢ ,I and approved by the City of Poway City Council and the party
responsible for impl : the mitiG
TOPIC
MITIGATION MEASURE(S) TIMING
RESPONSIBILITY
1. Biology a. A ril: a. a. Applicant
b. b. b. Applicant
Miti
imp
c. c. c. Applicant
pursuant to
2. Hydrology
and Water
Quality
Services.
a. Applicant
2050
Page 13
No. P- 00-65
TOPIC
MITIGATION
:s)
TIMING
b. Ongoing
RESPONSIBILITY
b. Applicant
)plies
c. Recycled (reclaimed) water c.
c. Applicant
a first pdodty
city