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9A Page 44 Honorable Mayor Pierce and C�irv Council April 3, 2007 Page 3 Ft.ircher, based on a Shade and Shadow Study prepared by Solargy Inc., che IS/MND concludee� that the proposed I'roject would not resEiIc in significant shadow/sh�de impacts. This Sntdy concluded that the Project would not impacr existing property owners' reasonable rights to sunlight, as they would retain access to sunlight sufficient to operace solar hot water and photo voltaic energy collection syscems. (1S/MND a� pp. 17-18.} The IS/MND also notes the Study's finding that the excensive Foliage along the rear propercy lines of existing residences already signif cantly a*tenuates those properties' access to late aEtet•c�oon surtlight—the only cime of day when the projea wc�tld cause shadow on adjacent pro�erries. (Id. at p. 18.) Although the IS/MND coilcluded that the Project would have a Iess than significant impacr on the visual character of the surrounding area, since the Planning Commission meeting on November 28, 2006, Nicliolson Lamb Ventures agreea to incor��orate speci�c revisio►is into the project d�sign to address che aeigl��or's concerns and further lesse�i the less-than-significant visual and aesthetic iinpacts associated with tlze Project. The Califarnia Environmencal Qualiry Act ("CEQA") Guidelines section ]5073.5(c) expressly permics such revisions in response to comments on the 1'roject, as they do not raise new avoidable significant effects and are not necessary to mitigate avoidable significant effects. Specifically, tlie building design has been modified by shifting the eastern fiFth E�oot� units to rhe west side of che building, resulcing in a tiered structure, with fourtS� story eaves that si�nificantiy screen �he fifrh story from the view oFexisting residences to die east. Additionally, cwo fiftll floor balconies have been moved from the eastern elevation of the building, co the western or Woodside Drive elevation �f the f�uilding. As a result of these modifications, che rear yarc� set�acic of tlie fif�h floor will ��e at least 39 Feet aiid no wir�dows, balconies or exterior open space above clie fourch flooe•�vill face east. �'�loreover, t.wo additional shadow studies liave been prepared considering the shiFt of units to the west side of builditzg. These scudies demonstrate that the modificacions to the Project (whicll was already found in t}ie IS/Iv1ND to llave less-than-significant shacie impacts) will further reduce s��ading, thereby iinprovi��g solar ac.cess for existing residences easc of the project site. Finally, deciduous, rather chan redwood (ever�reen} trees, will be planced along the east properry(ine of the projccc to enhance privacy in spring and sz�mrner seasons and maximize light in au�umn and winter scasotls. These revisions E«i-rher assure t��at the E�roposed Project will not result isz any sigr3iFicant , , - vist.ia� �inu :iest ietic trnpaccs. TrafEic Circu(ation Neas�bv residenes a}so e:x�i�essed conr.ert� that t11e lirnitec� incre;ase in traffic associated �vic17 rhe proposec� 43-unit I'roject would i��crease qu�uing at the inCersection of Woodsid� Road and Horgan Avenue that woi.ild cause an unacceptable level of�scrvice and resul� in a traific impact. Residci�ts a1sc�s�i�;�estc�cl rhac nc� I'roJect woulc� res��lt in c�.tt-�hrough traFfic at Ne��-castle Drive. 'I'he Ciry's IS/MND contained an ev<�luacion of potential u�afFic and trans}�ortation impacrs associated with cl�e proposed Projecr. Based on the IS/MND analysis, the Ciry concluded tha� che I'rojecr«�ould have a less-tkaan-sig�.iificant �raEF� and circulacion impact anc� would iinprove pedestrian f:acifities by comple�ing a missing sidewalk segment on Horgan Avenue betwees� the existing gas station and che nearby reside��rial neigliborhoocf. 7"he IS/MND found that no 99999194082v5