Res P-04-72
RESOLUTION NO. P-04-72
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DENYING WITHOUT PREJUDICE
MINOR CONDITIONAL USE PERMIT 04-04,
A REQUEST TO INSTALL TENNIS COURT LIGHTS
ON LOT 12, A RESIDENTAL LOT LOCATED ON
OLD COACH DRIVE IN THE HERITAGE II DEVELOPMENT
IN THE RURAL RESIDENTIAL A ZONE
ASSESSOR'S PARCEL NUMBER 277-220-12
WHEREAS, Minor Conditional Use Permit (MCUP) 04-04, 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 18655 Old Coach Drive 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 04-04 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 04-04 and permit the installation of tennis court lights at a tennis
court approved through Minor Development Review Application (MDRA) 04-37 on a 5.27-acre
residential lot at 18655 Old Coach Drive 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- 72
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 04-04 for the
installation of tennis court lights on Lot 12, a residential lot located at 18655 Old Coach Drive
within the RR-A zone, as shown on the plans dated March 12, 2004.
PASSED, ADOPTED and DENIED by the City Council of the City of Poway, State of
California, this 5th day of October 2004.
r
ATTEST:
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. 04- 72 , 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: EMERY, GODLBY, HIGGINSON, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: REXFORD
Je ne Bunch, Interim City Clerk
C y of poway