News Subscribe to Our Newsletter Sign up for Email Updates CGF In the News Press Inquiries Past Articles Calendar			Morgan Hill Times August 29, 2003   Golf course permit lists requirements By Carol Holzgrafe The City of Morgan Hill formalized a Temporary Use Permit for John Fry's Math Institute Golf Course Wednesday allowing for link maintenance and limited golf play while environmental impacts are repaired and proper permits and reports are completed. The TUP will remain valid until March 31, 2004. However, Craig Breon, executive director of the Santa Clara Valley Audubon Society and Brian Schmidt, legislative advocate for the Committee for Green Foothills are meeting this morning to decide whether or not to challenge the permit that they consider illegal. "This is illegal and should be revoked," Breon said. "However the city says the TUP would provide us with research results so we may decide not to challenge it," Breon said. "We may work instead on the final permit." The Institute course, on the grounds of the former Flying Lady complex at 14830 Foothill Ave., was enlarged and improved from a smaller course far beyond the scope of original permits or an Environmental Impact Report (EIR). Runoff from nitrate-containing fertilizers washed into streams has made its way into neighboring private wells, a factor affecting more bodies than just frogs and salamanders. According to Jim Rowe, planning manager for the city, a July 14 application from the Institute for a TUP was sent to the U.S. Fish and Wildlife Service, the California Department of Fish and Game, the California Regional Water Quality Control Board Central Coast Region and the Santa Clara Valley Water District for comment. Working from comments and recommendations by these agencies at a meeting on July 30, the city developed a 27-point list of requirements in the TUP, avoiding, the report said, adverse impacts to federal and state threatened and endangered species (listed species), water quality and other environmental resources. The city is currently working to prepare an EIR under the California Environmental Quality Act (CEQA) for the property. The TUP requires that there be no additional construction, no disruption of soils, no planting. The course will be limited to 16 rounds of golf play per day from Aug. 27 to Sept. 30, 2003. After Sept. 30 the permit allows limited maintenance of the golf course only. The Institute must jump through a list of 27 hoops to achieve compliance. Play and maintenance are limited to daylight hours because the red-legged  frog is less active. No mowing of turf during or within two days after rain. Water quality of Corralitos Creek and course ponds will be monitored  weekly. The applicant must reach agreement within 30 days of Aug. 27, with  the U.S. Fish and Wildlife Service and the city to provide adequate  buffers along Corralitos Creek to protect endangered species. The buffers  must be in place within 60 days from Aug. 27. Clearing must be done manually during the summer dry season with  vegetation shaken to ensure the safety of the frogs or California tiger  salamanders. Nighttime eyeshine surveys for bullfrogs will be conducted in March,  June, September and December by a qualified biologist. A weather station to evaluate the evapo-transpiration rate must be  installed to help determine the proper amount of water needed to keep  the course healthy but not overwatered. The Institute must install three groundwater monitoring wells, provide annual surveys for listed species, educate employees on species habits, keep vehicle fueling at least 70 feet from riparian habitat or water body, screen siphon pump openings in the lake, supply monthly irrigation and fertilization reports, allow inspections and ban golf carts from the site. Breon said, even if the environmental groups decided to challenge the TUP, a lawsuit is not imminent. "We could appeal first to the City Council," Breon said. "We think they would listen since there is no environmental documentation to support this (TUP), or very little; and we believe it is against the law." Breon said they would probably send a message to the city wanting to know exactly what the consequences would be to the Institute if the terms of the TUP are not met. "This group of people have a history of violating the law," Breon said. "I have no real trust that they will abide by this either." Breon said he would expect a complete shutdown of the course if the Institute failed to meet expectations. The stick the city wields would take the form of a citation leading to a hearing before a 'hearing officer' - like an administrative law judge - said, David Bischoff, director of community development. "That officer has the ability to impose fines and other restrictions." Chief Building Official Larry Ford said the range of possible penalties is wide. "It could be $100 per day, per violation," he said, "or whatever the hearing officer decides is appropriate." Bischoff said that dealing with two dozen conditions is possible. "Can they do it? Certainly," he said. "Will they, that's the question. I hope they just go ahead and do it." Several residents spoke to the Council at Wednesday's meeting demanding that Fry's Golf Course be held to the same standards as other, less influential and wealthy citizens. "That's unbelievably unethical and unfair," said Cindy Gobin. "I read in the paper about having to save water," she said. "I'm thinking all the residents of Morgan Hill are being extra careful so this golf course can be green." Steve Sorenson, spokesman for The Institute Golf Course, did not return phone calls requesting comment. Page last updated September 3, 2003 .