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Commissioner Nalle indicated to the historic preservationists that he empathized with their position but went on to state that the Planning Commission should not prevent private property owners from developing their property or selling it to other private parties at market value. He stated that he found the EIR to be satisfactory. Commission Chair Alderete stated that he believed that a preservation alternative could be found. He expressed concern over the compatibility of the proposed ' two-story houses with the existing single-story neighborhood citing inconsistency with the General Plan goal of development being harmonious in scale with existing neighborhoods. He also stated that he believed the EIR was inadequate because the aesthetic analysis was deficient which included the shade and shadow analysis but really more than that. PWA Principal Civil Engineer Taig Higgins responded to questions raised by the Commission regarding the traffic study that was conducted. Planning Manager Haluza stated that the intent of the Hybrid Alternative was to seek a development scenario that would still achieve the project objectives, but that would also preserve the house and some portion of the orchard, while contributing to existing open space. She noted that the house is currently located within the right-of-way for the widening of Santa Clara Avenue. In responding to questions regarding the shade and shadow impacts, Steve Allen with URS clarified that the project sits to the north and, as such, would not block solar access to the neighborhood to the south, in addition two-story units do not cast shadows large enough to be considered an environmental impact pursuant to CEQA. MOTION: ' Recommend that the City Council: 1. Adopt a resolution denying Final Environmental Impact Report No. 2011-01 and approve the mitigation monitoring program and statement of overriding considerations for the Sexlinger Farmhouse and Orchard. 2. Adopt a resolution denying Variance No. 2012-04 as conditioned. 3. Adopt a resolution denying Vesting Tentative Tract Map No. 2012-02 (County Map No. 17231) as conditioned. MOTION: Yrarrazaval SECOND: Acosta VOTE: AYES: Acosta, Alderete, Yrarrazaval (3) NOES: Gartner, Mill, Nalle (3) ABSTAIN: None (0) ABSENT: None (0) MOTION FAILED TO CARRY WITH A TIE VOTE. SUBSEQUENT MOTION: Recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2011-01 and approve the mitigation monitoring program and statement of overriding ' considerations for the Sexlinger Farmhouse and Orchard. 2. Adopt a resolution approving Variance No. 2012-04 as conditioned. 3. Adopt a resolution approving Vesting Tentative Tract Map No. 2012-02 (County Map No. 17231) as conditioned MOTION: Mill SECOND: Nalle VOTE: AYES: Gartner, Mill, Nalle (3) NOES: Acosta, Alderete, Yrarrazaval (3) ABSTAIN: None (0) ABSENT: None (0) Planning Commission Minutes Page 7 of 8 February 11, 2013