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Item 27 - Denial of MCUP 95-03 Bruce and Carolyn Cassell DISTRIBUTED AGENDA REPORT SUMMARY ~' ~'~: Honorable Hayor and Hembers of the City Council ~ FROg: James L. Bowersox, City Hanager DATE: Hay 23, 1995 SUBJECT: Denial of Hinor Conditional Use Permit 95-03, Bruce and Carolyn Cassell, Applicants ABSTRACT A request to construct a lighted tennis court at 13712 Paseo Valle Alto, in Green Valley Estates in the RR-B zone. Council denied the application for lighting of the tennis court on May 9, 1995. ENVIRONM! This project is considered exempt under the p of the California E Cal Quality Act, Class 3. FISCAL IMPACT None. None. ~MENDATION It is recommended that the City Council adopt the attached resolution of denial for Minor Conditional Use Permit 95-03. ACTION i o~: 4 ~AY 2 3 1995 ITEM 27 AGENDA REPORT CITY OF POWAY TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Manager INITIALED BY: John D. Fitch, ~rM Reba Wright-Quastler, Dir ~a~r r)an~ng Services Marijo Van Dyke, Associate Planner DATE: May 23, 1995 SUBJECT: enial of Minor Conditional Use Permit 95-03, Bruce and arolyn Cassell, applicants: A request to construct a lighted ennis court at 13712 Paseo Valle Alto, in Green Valley states in the RR-B zone. APN: 275-270-64 BACKGROUND On July 25, 1994, Minor Development Review 94-33 was approved for the construction of a new single-family home and a tennis court pad. The property has been purchased by Mr. and Mrs. Cassell, who are requesting approval of a lighted tennis court. Council denied the application for lighting of the tennis court on May 9, 1995. FINDINGS The subject project was found to be incompatible with the surrounding neighborhood. A motion to deny the application was passed. ENVIRONMENTAL REVIEW This project is considered exempt under the p of the California E tal Quality Act, Class 3, as it is for the construction of an accessory structure relating to a single-family home. FISCAL IMPACT None. ~ ACTION: I 2 of 4 )~AY 2 3 1995 ITEM 27 Agenda Report - May 23, 1995 Page 2 None. It is recommended that the City Council adopt the attached resolution of denial for Minor Conditional Use Permit 95-03. JLB:JDF:RWQ:MVD:kls Attachment: Resolution of Denial E:\CITY\PLANNING\REPORT\MCUPgSO3.DAG ~AY 2 8 1995 ITEM 27 3 of 4 RESOLUTION NO. P- RES L TION OF T CITY CIL TH ITY OF PO ¥, CAL NIA DENYI MI CONDITIO ' USE T 95-03 AS ESSO ' PARCEL ' ,~ER 2 0-64 WHEREAS, Minor Conditional Use Permit 95-03, submitted by Bruce and Carolyn Cassell, applicants, requests approval to permit the construction of a lighted tennis court, for the property located at 13712 Paseo Valle Alto, Lot 76 of Green Valley Estates, in the RR-B zone; and WHEREAS, on May 9, 1995, the City Council held a hearing on the above referenced item; and WHEREAS, concerns were raised by surrounding property owners regarding significant adverse impacts created by the court lighting. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1'. The City Council finds that this project is ?tegorically exempt (Class 3) under the p ' ' of the California E tal Quality Act (CEQA). Section 2: 1. That the project will have an adverse aesthetic, health, safety of architecturally related impact upon adjoining properties, in that the court lighting cannot be adequately screened from views by surrounding residential neighbors. 2. That the project does not encourage the orderly and h appearance of structures and property within the City, in that the excess light projecting from the property is an unwanted element within the immediate neighborhood. The City Council hereby denies Minor Conditional Use Permit 95-03. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 23rd day of May, 1995. ATTEST: Ma) blAY231995 27 4 o~ 4