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<br />98 <br />Page 8 <br /> <br />GREGORY J. RYKEN, ESQ. <br />OF COUNSEL <br /> <br />TOBIN & TOBIN <br />A PROFESSIONAL CORPORATION <br />500 SANSOME STREET <br />EIGHTH FLOOR <br />SAN FRANCISCO. CALIFORNIA 94111 <br />FACSiMilE (415) 433-3863 <br />(415) 433-1400 <br /> <br />RICHARD T081N (1351.-1887) <br />ROBERT TOBIN (1875-1889) <br />CYRIL R WBIN pS05.1977) <br /> <br /> <br />February 12,2007 <br /> <br />VIA HAND DELIVERY <br />Redwood City Council <br />c/o City Clerk <br />1017 Middlefield Road <br />Redwood City, CA 94064 <br /> <br />APPEAL of Redwood City Planning Department's Approval of Final <br />Environmental Impact Report, dated .January 24, 2007, concerning <br />the Red'wood City Downtown Precise Plan <br /> <br />Dear City Council: <br /> <br />This office represents Mr. and Mrs. Joseph W. Carcione, Jr. ("Appellants"), who with <br />this letter hereby Appeal the February 6,2007 decision of the Redwood City Planning <br />Department (the "Department") to approve the Final Environmental Impact Report ("EIR"), <br />dated January 24, 2007, concerning the Redwood City Downtown Precise Plan (the "Precise <br />Plan"). A check tendering payment of the $275.00 appeal fee is enclosed. <br /> <br />,L\.ppellants own the real propcl1y located at 601 Brev.;ster A venue in Redwood City (the <br />"Subject Property"). It is undisputed that under the Precise Plan, new construction wiH result in <br />significant shadowing to the properties on Brewster A venue, including the Subject Propel1y. <br /> <br />The issue presented in this appea.J is whether this significant shadowing constitutes a <br />"significant environmental impact," thereby requiring consideration ofreasonab]e alternatives to <br />the project and/or reasonable mitigation measures under CEQA. See 14 CaI. Admin Code Title. <br />]4, S ]5126.6, <br /> <br />Procedur<\I History <br /> <br />During the public comment period on a prior draft of the environmental impact report, <br />Appellants submitted comments to the Depmiment on December 18, 2006 warning, in part, that <br />impJemE.'ntation of the Precise Plan would result in substantial shadowing to the Subject <br />Property, as well as the rest of the properties along Brewster Avenue, during a substantial portion <br />of each day. A true and correct copy of Appel.lants' December 18, 2006 comments to the <br />Department is attached hereto as Exhibit "A." <br />