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02/26/2007 D. The shadowing effects at 601 Brewster Avenue are not considered a substantial adverse physical change to the property and alternatives to reducing such effects are not required to be evaluated in the FEIR. E. The Appellant has not presented evidence of any direct physical change or indirect physical change that could result from the shadowing effects on his property. A substantial adverse physical change to the property has neither been identified nor described. F. In fact, the shadow study submitted by the appellant contains evidence of the non-substantial shadowing that could be caused by a new 8-story building adjacent to the appellant's property. As the sun traverses across the sky, the shadowing on appellant's property would intensify and then dissipate. As the Appellant's shadow study demonstrates, shadow would not be cast on 601 Brewster Avenue for all daylight hours. G. Shadow studies have been conducted in Redwood City to address the protection of sensitive habitats, residential environments, and public areas such as Downtown Redwood City's Courthouse Square that are established to specifically provide venues of increased solar access. H. Shadow studies were conducted for the Marina Shores Village project because the proposed building massing (17 residential towers) and heights (up to 21 stories) were unprecedented in that area of low-lying residential environment and sensitive natural habitat. Based on City-adopted General Plan policies specifically calling for the protection of sensitive natural and residential environments, the City decided it was important for the Marina Shores Village EIR to discuss the potential shadow effects that the proposed towers would cast on sensitive shoreline and nearby existing residences. I. Shadow impacts to commercial areas are not recognized in any pertinent City plans and policies. Adopted City of Redwood City plans and policies regarding visual quality include provisions of the Redwood City Strategic General Plan, the Redwood City Zoning Ordinance, and the Redwood City Planning Division Urban Design Guidelines. J. Even though Redwood City Urban Design Guidelines state "Natural sunlight provisions shall be encouraged for all projects, particularly in the case of residential developments and public and private outdoor areas," this guideline (as well as the other pertinent plans and policies set forth in the Marina Shores Village EIR Section 5.2) does not include any specific recognition or protections regarding shadow impacts to commercial areas. K. Furthermore, even though the City described the shadow impacts in the Marina Shores Village Project to include "commercial and office" uses as being affected by the shadows, the entire discussion of the impact in the EIR focuses primarily on impacts to existing residential and natural environments. ATTY/RESO/RESO.1685 022607 14765 Muff# 603