AgdaPkt 2007-02-26 - Laserfiche WebLink

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98 Page 5 context of the Marina Shores Village site is completely different than Downtown Redwood City; the site is adjacent to Redwood Creek and the bayfront, and near existing and planned low-rise residential developments. The City was concerned that the proposed towers would cast shadows on the sensitive shoreline (including a new marina proposed for the interior of the project site) and nearby existing residences. Thus, the City decided that it was important for the EIR to discuss these potential shadow effects, based on City- adopted General Plan policies specifically calling for the protection of sensitive natural and residential environments. Contrary to the appellant's statement (on page 3 of appeal letter) that the Planning Department "rejected the March 4, 2003 environmental impact report for the Marina Shores Village Project," the Planning Commission certified the EIR as complete and in conformance with CEQA. Further (and as stated in response to comment 19.01 in the Downtown Precise Plan Final EIR), the City determined the shadow effects of the Marina Shores Village Project to be a significant environmental impact because it would have a substantial negative effect on an existing residential living environment and on nearby/adjacent natural environments. It is acknowledged that the wording of the impact itself in the Marina Shores Village EIR includes "commercial and office" uses as being affected by the shadows, but the more substantial discussion of the impact in the EIR (which follows the introductory impact description) focuses primarily on impacts to residential and natural environments. This discussion in the EIR is consistent with the City's interpretation of its General Plan policy to protect residential land uses from other land uses which may have a negative impact on the residential living environment. The building height difference at issue under the Downtown Precise Plan (8 stories for the Brewster/Fuller part of the Plan area vs. 21 stories within Marina Shores Village) does not approach the heights proposed under the Marina Shores Village project. Thus, the City's decision to conduct shadow studies for the Marina Shores Village project and not conduct them for the Downtown Precise Plan is entirely consistent with its General Plan policies and development review practice. Argument #3: Even if City policy only deemed substantial shadowing to represent a significant environmental impact in residential properties, the EIR still fails to comply with CEQA because Brewster A venue will be rezoned under the Precise Plan for residential use. Response: Under the Draft Precise Plan, Brewster Avenue will not be rezoned for just residential use. The appellant's property and much of the Downtown area would be located within the proposed "Downtown General" use zone. This zone permits a variety of uses, including corner store retail; personal and business services; civic, quasi-civic, and cultural uses; office; workspace; lodging; live-work; and residential. The Precise Plan does not mandate or trigger changes to existing properties or structures; it only comes into effect in the case of new construction or significant modifications to properties. Thus, while the Precise Plan would permit residential uses on Brewster Avenue, it is speculative to assume that any individual or group of properties would ultimately be developed for that use. Therefore, it would be speculative to conclude that significant shadow impacts would occur 5