The city is planning to force the American Institute of
Mathematics’ golf course out of the Williamson Act by filing a
non-renewal notice that will slowly remove the controversial course
over the next 10 years.
Morgan Hill – The city is planning to force the American Institute of Mathematics’ golf course out of the Williamson Act by filing a non-renewal notice that will slowly remove the controversial course over the next 10 years.
The city will serve owners Jon Fry, of Fry’s Electronics, and Steve Sorenson written notice of their plans some time this month, according to Morgan Hill Planning Manager Jim Rowe. A non-renewal would incrementally raise the course’s tax rate to full assessment over the next 10 years.
Sorenson said on Friday he would not comment on the city’s decision until he had been served the non-renewal notice.
Rowe briefed the South County Joint Planning Advisory Committee on the status of the golf course owned by the American Institute of Mathematics during the committee’s meeting Thursday night.
In his informational report to the committee, Rowe said an Environmental Impact Report certified in July of 2004 already noted that the golf course, located on 192 acres east of U.S. Highway 101 on Foothill Avenue, was not compatible with land-use requirements defined in the Williamson Act. The 1965 law grants landowners significant tax breaks in exchange for maintaining farmland and specific types of open space. The contract was attached to the land before the institute bought it in 1997.
When the city approved the golf course’s zoning ordinance last year after construction had already been done, city officials stipulated that the contract would be non-renewable and the City Council instructed city staff to make sure the owners filed for non-renewal.
Rowe said the city opted for non-renewal because it does not require owner consent – only notification. A cancellation would have to be initiated by the owners, he said, and could be appealed and modified to include just a portion of the land.
Rowe said the property owners need to be informed that the contract is non-renewable 60 days before its Feb. 26, 2006 anniversary date.
Although the city directed staff to oversee the matter back in August of 2004, Rowe said staff waited for the Pacific Municipal Consultants (PMC) to monitor mitigation measures regarding the environmental impact of the golf course before steps were taken to deal with the non-renewal notice.
PMC was hired by the city at the expense of the owners to study whether the golf course is in compliance with state environment regulations. He said the owners paid $55,000 for the study. According to the PMC report, the owners are late in complying with the requirements, which fall under the California Environmental Quality Act and are under the jurisdiction of several state and county regulatory agencies.
The report is not completed yet, said Rowe, but to date the PMC indicated the golf course is only in compliance with 12 of 39 points.
“He is behind in almost all,” said Rowe., who explained that studies need to be done, permits still need to be applied for by Fry and Sorenson, and some information submitted by the owners is still incomplete.
Mitigation is required to reduce potential impacts to the environment caused by the construction with regard to issues like air quality, habitat and water supply. For instance, Rowe said, the golf course needs to address the restoration of a creekside habitat area, and replacement of habitat lost from construction. The latter affected an endangered specie of butterflies.
Also, Rowe said, the owners were supposed to complete a ground water depletion study in February. Since the study has not been completed, they will need to reduce their water usage by 50 percent.
“He needs to reduce the amount of irrigated turf,” said Rowe.
He said the EIR report indicated a concern that the golf course would use water at a rate faster than could be replenished naturally through percolation, therefore impacting wells of other residents in the area.
Michael McCormick of PMC will be giving city officials and the owners a status report of their mitigation monitoring study in a couple of weeks.
The city’s decision comes on the heels of a complaint filed by the Committee for Green Foothills, which requested a District Attorney investigation into tax fraud at the golf course. The environmental group claims the owners knowingly and illegally profited from the Williamson Act contract even though the property doesn’t meet necessary requirements. The group further contends the city never should have approved the course’s zoning after construction had occurred and the city should have immediately canceled the course’s Williamson contract last year.
By rose meily staff Writer
