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Res P-04-73 RESOLUTION NO. P-04- 73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA DENYING WITHOUT PREJUDICE MINOR CONDITIONAL USE PERMIT 04-06, A REQUEST TO INSTALL TENNIS COURT LIGHTS ON LOT 8, A RESIDENTAL LOT LOCATED ON OLD COACH WAY IN THE HERITAGE II DEVELOPMENT IN THE RURAL RESIDENTIAL A ZONE ASSESSOR'S PARCEL NUMBER 277-220-08 WHEREAS, Minor Conditional Use Permit (MCUP) 04-06, was submitted by Craig Faulkner, Midori Financial, LLC, Applicant, to permit the installation of tennis court lights at a an approved tennis court and residence under construction at 18650 Old Coach Way within the Heritage II community and zoned Rural Residential A (RR-A); and WHEREAS, on August 31,2004, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application; and WHEREAS, on August 31,2004, the City Council voted to deny, without prejudice, the request; and WHEREAS, on October 5, 2004, the City Council reviewed and approved findings for denial of the request. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway, as follows: Section 1: The City Council finds that MCUP 04-06 is exempt from the provisions of the California Environmental Quality Act (CEQA), as a Class 3 Categorical Exemption, pursuant to Section 15303 of the CEQA Guidelines, in that it involves the construction of an accessory structure for an existing single-family residence. Section 2: All of the findings, in accordance with Section 17.48.070 of the Poway Municipal Code, to approve MCUP 04-06 and permit the installation of tennis court lights at a tennis court approved through Minor Development Review Application (MDRA) 04-37 on a 4.44-acre residential lot at 18650 Old Coach Way within the RR-A zone, cannot be made as follows: A. The design of the tennis court lighting, as proposed, will adversely impact surrounding property owners as the lights will create light and glare, thereby impacting the quality of life of the residents. B. The location and design of the proposed tennis court lighting will create a negative visual impact on surrounding properties as the surrounding residential parcels overview the proposed lighting and proposed landscape screening will not immediately soften the view of the tennis court lights. Therefore, impacts of the lights, as proposed, is not Resolution No, P-04-73 Page 2 compatible with and will adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, Section 3: The City Council hereby denies, without prejudice, MCUP 04-06 for the installation of tennis court lights on Lot 8, a residential lot located at 18650 Old Coach Way within the RR-A zone, as shown on the plans dated May 7,2004. PASSED, ADOPTED and DENIED by the City Council of the City of Poway, State of California, this 5th day of October 2004. ATTEST: I --.-': Jea e Bunch, Interim City Clerk STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Jeanne Bunch, Interim City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P-04-73 , was duly adopted by the City Council at a meeting of said City Council held on the 5th day of October 2004, and that it was so adopted by the following vote: AYES: EME RY , GOLDBY, HIGGINSON, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: REXFORD Jea e Bunch, Interim City Clerk Ci of Poway