Watering, mowing and
– possibly – playing golf at The Institute golf course are in
the hands of one man after a majority of Planning Commissioners
recommended ‘yes’ Tuesday. Community Development Director David
Bischoff will retire April 30 but, before he hangs up his blue
pencil he must decide whether or not to
grant The Institute’s request for another Temporary Use Permit
(TUP).
Watering, mowing and – possibly – playing golf at The Institute golf course are in the hands of one man after a majority of Planning Commissioners recommended ‘yes’ Tuesday.
Community Development Director David Bischoff will retire April 30 but, before he hangs up his blue pencil he must decide whether or not to grant The Institute’s request for another Temporary Use Permit (TUP).
Such a permit would allow limited maintenance of the course on Foothill Avenue until an Environmental Impact Report (EIR) is complete.
As of Thursday afternoon Bischoff hadn’t made up his mind. In comments Tuesday, he was leaning toward issuing the TUP without allowing golf to be played. Bischoff expects to make a decision by next week at the latest.
His staff has recommended approval as the best way to limit adverse effects on plant and animal life in the area. Staff did not recommend that limited play be allowed, which The Institute had asked for. A TUP including limited play was granted last year with limited play ending in September and maintenance ending on March 31.
Bischoff is making the decision after a public hearing before the Planning Commission because the previous TUP was granted without public hearing or comment and challenged by the Santa Clara Valley Audubon Society and the Committee for Green Foothills.
The environmental groups could appeal if the 2004 TUP is issued, as they did in 2003.
The city and The Institute, owned by John Fry of Fry’s Electronics, have been wrangling for years over extreme golf course renovation that took place without permits but now a completed Environmental Impact Report (EIR) – is in sight. The EIR is scheduled to go to the commission on May 9, and to the City Council on June 2, longer than originally planned, Bischoff said, because there were 96 pages of public comments to get through.
Bischoff explained why he thought the new TUP was the way to go and why no golf play should be allowed.
“Without the TUP the City of Morgan Hill has limited oversight,” Bischoff said, “and, when the greens are prepared for play they are watered and mowed more and more chemicals are used. We want to maintain the natural environment without any further damage.”
Two of four agencies involved in the EIR and determining what The Institute must repair, replace or improve, advised that The Institute did not comply with several conditions from the 2003 TUP.
The Santa Clara Valley Water District wants to see revised plans for installing monitoring wells and the U.S. Fish and Wildlife Service wants to see results of bullfrog surveys and a riparian buffer restoration plan. The California Department of Fish and Game and the Regional Water Quality Control Board are also involved in the oversight.
The Institute’s landscapers replaced significant area surrounding Corralitos Creek, which runs through the property, with turf. USFW wants much of the wild area restored to provide safe habitat for area wildlife.
Staff recommends that the new TUP not become effective until details of the former one are complied with and requires two immediate actions.
• Water quality impacts will be minimized by limiting irrigation, checked with sampling and following the water district’s approved Irrigation and Fertilization Management Plan.
• Potential impacts to listed (not quite endangered) species will be avoided by restoring the creek’s buffer area, limiting hours that mechanical equipment operates to those when the animals would be disturbed the least.
City, county, state and federal conservation and water agencies have weighed in on the failure to get approval before grading large swaths of ground and significantly changing the terrain. The results threatened several endangered or listed plants and animals including the red-legged frog.
The California red-legged frog originally gained fame as the main character in Mark Twain’s 1867 story of “The Jumping Frog of Calaveras County.” Its presence in Corralitos Creek, which cuts through the golf course is also threatened by bullfrogs; they prey on red-legged frogs.
Randy Long, The Institute’s environmental consultant, said only one bullfrog was seen in a recent tally and the situation was under control.
Bill Konle, who lives on the property uphill at The Institute’s eastern edge, told the commission he had never had problems because of the course but his creeks have bullfrogs and they tend to migrate. The Institute, he said, is a good neighbor.
“For 23 years I’ve had a well within 10 yards of Fry’s,” Konle said. “There’s been no change in the chemical analysis (from nitrates) and they rate well below those to the west of the Institute, probably because they are farming areas.”
He said he had been invited to play the course and did but said “it’s a tough course.” He said that after Irv Perlich gave up on his 18-hole golf course (the old Flying Lady restaurant property) it lay fallow and was full of weeds until Fry bought it.
“The golf course would be an asset to the city,” Konle said.
Referring to Conley’s comment about weeds and previous neglect, Commissioner Bob Engels said he thought a TUP with play was okay.
“What if nobody bought the property,” he said. “I’m very impressed with the course.” All commissioners have toured the course.
Attorney John Farrow was representing the Audubon Society. He asked that the city reactivate its enforcement actions suspended last summer when the first TUP was enacted.
“The city has a duty to protect the environment,” Farrow said. “TUPs are designed for carnivals, Christmas tree and pumpkin sales,” he said. “The TUP is not necessary to protect the environment.”
Farrow suggested that the city and other agencies pursue code enforcement instead.
City Attorney Helene Leichter said Thursday that path has been fruitless.
“We have asked the agencies, starting in 1998 and they haven’t done anything,” Leichter said. “It has to be a public nuisance such as exposed electrical wiring in a house with small children.” Code enforcement, she said, is for slumlords.
The Institute manager Steve Sorenson said the limited play requested – 16 rounds a day on no more than five days a week – would not increase watering or fertilizing. The 2003 TUP allowed sufficient watering and fertilizing to maintain the course during the winter season but not enough to take it through the warmer months.
“There would be a slight increase in mowing,” Sorenson said, “because the greens would be shorter but water and fertilizing depend more on the weather than on play.”
After the EIR is certified, he said, the ultimate use would be 30 rounds a day.
Long said he was surprised to be accused of not complying to agency requests to fix The Institute’s impositions on its environment.
“The city has monitored our compliance,” Long said. “This is the first time I heard of non-compliance. We think we have done an outstanding job.”
Most agency accusations of noncompliance, he said, were because of misconceptions.
Most planning commissioners said they would approve the TUP and some play.
Geno Acevedo said play was okay with him but the bullfrog plan – draining all ponds but one if bullfrogs are found – was too extreme because it would also affect red-legged frogs.
Ralph Lyle said he accepted staff’s reasons for the TUP.
“It will mostly make things better,” Lyle said. “I’m not adverse to some play but I want better answers on the impact. We don’t want to be too soft.”
Commissioners Bob Benich and Charles Weston would be firmer with The Institute on play.
“We need to hold their feet to the fire,” said Benich, who wanted to see compliance.
“Why should they benefit from illegal activities,” said Weston. “It’s unfair to those who do comply.”
Commission chair Joe Mueller said he saw value in the permit but wanted compliance with the previous TUP.
The private course will not be open to public play; instead it will be a recreational part of The American Institute of Mathematics’ campus after AIM moves from Palo Alto to its new headquarters on Foothill.
