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In the event that CUP 90- 13M(5) expires or is rescinded by City Council, or the OWNER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
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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�
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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
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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.
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Don Higginson, Mayor �—
ATTEST:
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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