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<br />TOBIN & TOBIN <br /> <br />Redwood City Council. <br />February 12,2007 <br />Page 3 <br /> <br />(T)he comment is correct that the Draft Precise Plan-proposed <br />changes in building height allowances along the south side of <br />Brewster A venue may result in substantial shadow effects on the <br />property at 601 Brewster Avenue. <br /> <br />(See EIR, Section 19.01, p.3-34) (emphasis supplied). Moreover, it should be noted that the <br />Department is incapable of disputing the findings of Appellants' architect, Theodore Brown, that <br />the Precise Plan will result in substantial shadowing because the Department did not undertake <br />any study of the shadowing efIects likely to be caused by the Precise Plan. <br /> <br />2. City Policy Recognizes That Shadowing In Commercial Areas Does <br />Constitute A Significant Environmental Impact. <br /> <br />Prior interpretation by the Department of its "Redwood City Planning Division Urban <br />Design Guidelines" (the "Guidelines") has deemed negative shadowing impacts on commercial <br />to represent significant enviromnental impact. <br /> <br />In connection with the Department's rejection of the March 5, 2003 environmental <br />impact report for the Marina Shores Village Project, the Department deemed that natural sunlight <br />was an important consideration under the Guidelines. (See Marina Shores ErR, 5.2.4(b), p.5-8). <br />In doing so, the Department recognized that natural sunlight was to be encouraged in all projects, <br />and never limited the appticatjon of this policy to residential property: <br /> <br />Natural sunlight provisions shall be encouraged for all <br />pro,iects, particularly in the case of residential developments and <br />public and private outdoor areas. <br /> <br />Id. Specifically, in evaluating the impact of shadows on the Marina Shores Village Project, the <br />Department specifically included non-residential properties in its conclusion that there would be <br />a negative impact. "Impact 5-5: Shadow l.mpacts" reads as follows: <br /> <br />The project would cast substantial shadows on adjacent <br />residential, commercial, office, and public waterfronts during <br />part of the year.....Project buildings would cast shadows...over <br />Redwood Creek and offices of Seaport Center during the <br />afternoon. . . <br /> <br />98 <br />Page 10 <br />