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Covenant Regarding Real Property 2013-0686897RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK c� CITY OF POWAY 0^ P O BOX 789 l 1 l POWAY CA 92074 -0789 APN: 277 - 170 -21 and 277 - 171 -34 D o C # 2018 - 0888887 I1111111111111111111111111111111111111111111111111111111111IN111I NOV 21, 2013 10:27 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 64.00 PAGES: 17 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Maderas County Club, LLC ( "OWNER" hereinafter), is the owner of real property in the City of Poway ( "PROPERTY hereinafter) located at 17750 Old Coach Road and also referred to as San Diego County Tax Assessors' Parcel Numbers 277- 170 -21 and 277 - 171 -34.. In consideration of the approval of Conditional Use Permit (CUP) 90- 13M(5) by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees to abide by the conditions of approval contained in the attached Resolution (Exhibit A). I This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that CUP 90- 13M(5) expires or is rescinded by City Council, or the OWNER terminates the use permitted by the CUP 90- 13M(5), upon the request of the OWNER the CITY shall expunge this Covenant from the record title of the PROPERTY and CUP 90- 13M(5) shall be of no further force or effect. If either party incurs costs as a result of filing a civil action to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. OWNE_R: Mad eras County Club, LLC g�. gi';T,a Dated: i� .?t -l3 Frederick Olaf Tronboll (Notarize) Its: Sean, Vt to s de CITY OF POWAY: Dated: L,9 1 By: d ert J. Mani , Direc r o e lopment Services CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT. State of California County of On Al Oo,�21 0O &before me, Date personally appeared F E-I ' c� r PHYLLIS 'SHINN' Commission at 1956215 N Notary Public • California i San Diego County M Comm. Ea ires Nov 9. 2015 r Place Notary Sear Above L(C who proved to me on the basis of satisfactory evidence to be the person(Q.whose name($) is/a)lla-subscribed to the within instrumentr and acknowledged to me that he /s*/th* executed fhe same in his/*/th*authorized capacity(irA, and that by fiis/hWthk4r signature(4 on the instrument the person(A, or the entity upon behalf of which the person04-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State,of California that the foregoing paragraph is true and correct. WITNESS my ha and official se Signature Si9nemre of Notary Public OPTIONAL Though the information below, is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: C'or/EN� Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by, Signer(s) 'Signer's Name: ❑ Individual El Corporate Officer — Title(s)' — ❑ Partner — ❑ Limited ❑General ❑ Attorney in Fact El Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: S Signer's Net ❑ Individual ❑ Corporate Officer — Title(s): • Partner — ❑ Limited ❑ Gen, • Attorney in Fact ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02D0] National Notary Asaoclabon•9350 De Soto Ave, P.0 :13Z2402•Cha6xorth, CA 91313-2402• wuiw.NationalNotaryorg hem #5907 Reorder: Cell Toll -Free 1- 800-8]&682] RESOLUTION NO. P -13 -28 A RESOLUTION OF THE CITYCOUNCIL 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 Hydrogeological and Biological Resource Monitoring Information for the Maderas Golf Club (May 2013) prepared by Dudek and Sustainability of Groundwater Withdrawal at Maderas (September 2013) prepared by SCS Engineers; and WHEREAS, on November 19, 2013, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. Resolution No. P -13 -28 Page 2 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 Ito 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 annualr 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. Resolution No. P -13 -28 Page 3 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 limiton annual groundwater production. H. That there will not be significant harmful effects upon environmental quality and natural resources, in thiat•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. Resolution No. P -13 -28 Page 4 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, 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;forfhe 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 31. 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. & 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 'Resolution No. P -13 -28 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, Resolution No. P -13 -28 Page 7 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. Resolution No. P -13 -28 Page 8 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: 1. 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 0.1400t 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 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 • Barkin Well (APN 272 - 150 -23) • Tamayo Well (APN 272 - 150 -26) • San Dieguito River Park Well • 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 at LSCTW. If the water level specified is exceeded, the applicant shall discontinue the use of groundwater 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 all 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 watersupply 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 applicantsshall cease until City Council determines that the service has become adequate. In the event such direction is not complied with by the 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: 1. 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 909/6 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. 1. 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. 2. 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; 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 transact 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: 1. 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. 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. 1. 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. 2. 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. 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 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. f r Don Higginson, Mayor �— ATTEST: ')�h a q, Lg � Shelia R. Cobian, City Clerk III 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 XJh.922ko r Sheila R. Cobian, City Clerk City of Poway