AgdaPkt 2007-02-26 - Laserfiche WebLink

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TOBIN & TOBIN Redwood City Council. February 12,2007 Page 4 (See Marina Shores ErR, Impact 5-5), p.5-27) (emphasis supplied). The Department's finding that substantial shadowing would be caused to commercial and office property, in addition to residential, was part of its finding that the environmental impact would be significant so as to require inclusion of mitigation measures in its draft enviromnental impact report. (See Marina Shores EIR, Impact 5-5), p.5-35). Appellants request that the City act in conformity with previous interpretation of its own guidelines with respect to the Precise Plan, which would require that the ErR present reasonable alternatives to the project. 3. Even If City Policy Only Deemed Substantial Shadowing To Represent A Significant Environmental Impact In Residential Propeliies, The ErR Still Fails To Comply With CEQA Because Brewster A venue Will Be Re-Zoned Under The Precise Plan For Residential Use. Assuming, for the purposes of argument only, that City policy limited recognition of substantial shadowing as constituting a "significant environmental impact" strictly to residential properties, this still could not save the Precise Plan from violating CEQA, because CEQA requires that an environmental impact report anticipate future negative impacts in advance. See 14 Cal. Admin Code Title. 14, S 15064(d) ("In evaluating the significance of the cnvironmental cffect of a project, the lead agency shall consider direct physical changes in the environment which may be caused by the project and reasonably foreseeable indirect changes in the environment which may be caused by the project.") (emphasis supplied). The Precise Plan will re-zone the Subject Propeliy, and all propeliies along Brewster A venue, from commercial use to mixed commercial/residential use. The Precise Plan specifically provides for, and contemplates, that properties along Brewster A venue, including the Subject Property, may become residential. The Department has chosen to ignore this re-zoning to residential, and has, thus, failed to consider the environmental impact (shadowing) which may be caused by the project. Here, where the Department admits that 1) the Precise Plan will result in substantial shadowing on Brewster A venue, and 2) that substantial shadowing on residential property constitutes a "significant environmental impact," it cannot refuse to consider any future impacts of the Precise Plan simply because residential propelties have yet to be constructed on Brewster A venue. The mandate of an environmental impact report under CEQA is to assess future environmental impact which "may be caused" by the project. See 14 Cal. Admin Code Title. 14, ~ 15064(d) Knowing that Brewster Avenue will provide for residential living, and knowing that shadowing on such property consitutes a "significant environmental impact," it is derelict to have not even studied the impact of shadowing. 98 Page 11