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12 Attachments
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2012
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030612
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12 Attachments
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3/2/2012 3:12:35 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
3/6/2012
DESTRUCT DATE
15Y
DOCUMENT NO
12 Attachments
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heard by the Planning Commission at the August 25, 2010, hearing. During the hearing, <br /> the Planning Commission asked the applicants and the appellants if they would consider <br /> mediation as a method to reach a suitable solution. The appellants (Persins, Hoehnes, and <br /> Perrys) stated that they would be interested in mediation, but the applicants (Lopezes) <br /> declined participation since they felt it would not result in a solution that would be agreeable <br /> to all parties. Additionally, the applicants were seeking a decision from the Planning <br /> Commission the evening of the meeting. The Planning Commission upheld the Zoning <br /> Administrator's approval of the project by a 3-2 vote. <br /> David and Stephanie Persin filed an appeal in response to the Planning Commission's <br /> decision. After the Planning Commission hearing, but before the City Council hearing, the <br /> Lopezes changed their mind regarding mediation. Two mediation meetings were held, on <br /> Wednesday, October 6r", and Monday, November 22nd, 2010. Ms. Mary Roberts, a former <br /> member of the Planning Commission, agreed to staffs request to act as the mediator and <br /> facilitated discussion for the meetings. The applicants (Rodney Lopez and Trina Lopez), <br /> two people from the "concerned neighbors" party (David Persin and Joe Perry), and staff <br /> attended the mediation meetings. <br /> The Perrys had expressed concern that the proposed second-story addition would reduce <br /> the sunlight on their property. In an attempt to address this concern during mediation, the <br /> Lopezes offered to pay for the construction of a skylight in the front room of the Perry <br /> residence. However, the Perrys and other concerned parties wanted the Lopezes to <br /> modify the configuration of the second story such that it was further away from their <br /> property and reduce the size of the second story to address their concerns. <br /> The mediation meetings resulted in further discussion between the applicants and the <br /> concerned neighbors, but did not result in a solution acceptable to all parties. Therefore, <br /> the project was heard by the City Council at the February 15, 2011 , meeting. The City <br /> Council denied the appeal and approved the proposed project subject to conditions, <br /> including the mitigation measures offered during mediation, one of which included the <br /> skylight. The Lopezes (or other parties) did not object to the language for the condition <br /> related to the skylight prior to, at, or after the City Council meeting. The condition is <br /> reflected as Condition number 8 in City Council Resolution 11-420 (attached to this staff <br /> report as Exhibit A). Staff reports (without attachments) for the City Council and Planning <br /> Commission hearings and meeting minutes for the City Council, Planning Commission, and <br /> Zoning Administrator hearings are attached to this report as Exhibit D and E, respectively. <br /> On November 2, 2011, the Perrys provided three bids for the skylight (attached to this <br /> report as Exhibit C) to the Community Development Department which were forwarded to <br /> the Lopezes for fulfillment of the condition. In response, the Lopezes expressed concern <br /> that the condition as written does not require the Perrys to use the funds to install a skylight <br /> and thus the funds could be used for something other than the intended purpose. <br /> Therefore, they applied to amend this condition with the subject application on December 2, <br /> 2011. <br /> Case No. PADR-2090, Lopez Planning Commission <br /> Page 2 of 6 <br />
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