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Steve Ray, member of the board of TOOC, recommended denial: (1) indicated no clarity as to applicant (owners of property relationship), (2) documents on line pending CEQA were not readily available so should be continued; (3) state and federal listings denied in report; (4) general plan must be consistent with development, (5) variances do not meet standards, project objectives and tentative tract map inconsistent with the general plan. No alternatives, previously submitted ones were not considered. Moises Munoz Plascencia, Memorial Park Association, voiced concerns stating that green space is needed, personal history being lost; property has educational potential, encouraged more police patrolling, and cited traffic impacts, loss of property values and cultural resource. Janice Lawlor emphasized the importance of preserving the Sexlinger site, objected to the opening of Lyon Street, as well as the proposed two-story design of the houses. Scott Allan, representing TAVA Development, explained that the variance request was supported by a unique circumstance related to the property due to its adjacency to an existing neighborhood to mitigate any concerns over cut- through traffic. The street design, which would have been designed as a straight through-street, was given a curvilinear design, which impacted the lot frontage of two lots. He stated that the developer had given TOOC a lengthy period of time to purchase the property from the property owners, but that they had been unable to identify resources to do so. He stated that the connection of Lyon Street to Santa Clara is necessary for safety access to the site and to the adjacent neighborhood. He stated that the project would complete the widening of Santa Clara, would construct a new park wall, and would provide a new point of access to the park to the existing neighborhood. ' Commission commented on the appraised value of the property and the potential property tax revenues; discussed an alternative U-shape street design; and the potential to use orange trees as part of the project landscaping. Mr. Allan stated that they would be willing to offer orange trees as an option for front yard landscaping. Ron Van Blarcom, attorney for the property owners, cited his experience with CEQA law and stated that the EIR is adequate and that he supported the recommendation for approval. The public hearing was closed. Commissioner Mill stated that: the site is not necessary to ensure access to adequate open space in this part of the City due to the presence of existing open space; keeping Lyon Street from connecting through to the existing neighborhood would impact public safety access and segregate the new neighborhood; he does not support the City's purchase of the property. Commissioner Gartner stated that: Lyon Street should connect through to the existing neighborhood and expressed support for TOOC purchasing the property as long as it was not at the City's expense. ' Commissioner Acosta expressed his support for the neighborhood, particularly to their concerns about the proposed two-story houses and agreed that the variance might not be warranted. Commissioner Yrarrazaval expressed his support for the HRC resolution urging the City to purchase the property and referenced a letter written by Steve Ray and attached to the HRC resolution outlining several ways that the City could help with the purchase. He stated that while the site may develop at some point, the EIR could have done a better job analyzing alternatives including options that were given in public comments. Planning Commission Minutes Page 6 of 8 February 11, 2013