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by the Lopezes does not include a timeframe within which they are required to provide <br /> payment to the project contractor. <br /> DISCUSSION <br /> The condition as approved by City Council expresses the expectation that the funds <br /> provided by the Lopezes to the Perrys are intended for the installation of a skylight. It does <br /> not, as currently written, necessarily require the Perrys to utilize the funds for a skylight. <br /> The condition requires the Lopezes to provide payment to the Perrys in a timely manner <br /> (within 30 calendar days) and also limits the amount that the Lopezes are required to pay <br /> the Perrys to $2,500. As currently written, the amount and timing are prescribed and are <br /> applicable to the Lopezes, who are the applicants for the project. The skylight is intended <br /> to be a mitigation measure for the project proposed by the Lopezes, particularly the <br /> second-story addition. The language of the condition as currently written provides the <br /> Perrys the opportunity to add a skylight to their home should they want additional sunlight <br /> in the front room. The Perrys may choose to accept this mitigation measure and modify <br /> their home to allow additional sunlight with a skylight, may choose to use the funds for an <br /> alternative measure to achieve similar results, or may choose to use the funds for unrelated <br /> purposes. <br /> PUBLIC NOTICE <br /> The Perrys have communicated that they believe they should have the flexibility to utilize <br /> the funds provided by the Lopezes for a skylight or alternative purposes if they desire. <br /> Notices regarding the subject application and related public hearing were mailed to the <br /> surrounding property owners and tenants within a 1,000-foot radius of the project site. A <br /> map showing the noticing area is attached to this report. The public notice was also <br /> published in The Valley Times. At the time this report was prepared, staff has not received <br /> any comments or concerns. <br /> ENVIRONMENTAL ASSESSMENT <br /> Projects of this nature are categorically exempt from the requirements of the California <br /> Environmental Quality Act (CEQA) under section 15303 (Class 3) New Construction or <br /> Conversion of Small Structures. Therefore, no environmental document accompanies this <br /> report. <br /> CONCLUSION <br /> The condition regarding a skylight was intended to be a mitigation measure for reduced <br /> sunlight on the Perry property due to the second story addition proposed by the Lopezes. <br /> As written, the condition states that the intent and expectation is for installation of a <br /> skylight. Therefore, the language as currently written upholds the City Council's desire for <br /> the Lopezes to mitigate the impact of their project on their neighbor by providing funds that <br /> may be used for a skylight. <br /> Case No. PADR-2090, Lopez Planning Commission <br /> Page 5 of 6 <br />