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02/26/2007 ORIGINAL RESOLUTION NO. 14765 RESOLUTION DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION CERTIFICATION OF THE FINAL EIR FOR THE DOWNTOWN PRECISE PLAN WHEREAS, on February 6, 2007, the Planning Commission certified the Final Environmental Impact Report (FEIR) for the Downtown Precise Plan; and WHEREAS, by certifying the FEIR, the Planning Commission made findings that the FEIR conformed to the California Environmental Quality Act (CEQA); that the Planning Commission considered all the information in the FEIR; and that the document reflected the City's independent judgment and analysis; and WHEREAS, following the Planning Commission's certification of the FEIR, the property owner of 601 Brewster Avenue (Appellant) appealed the certification of the FEIR to the City Council. The issue presented on appeal by the Appellant is whether shadowing on 601 Brewster Avenue constitutes a significant environmental impact. The three arguments raised on appeal by the Appellant are as follows: 1. Implementation of the Precise Plan will result in significant shadowing to Brewster Avenue; 2. City policy recognizes that shadowing in commercial areas does constitute a significant environmental impact; and 3. Even if City policy only deemed substantial shadowing to represent a significant environmental impact in residential properties, the EIR still fails to comply with CEQA because Brewster Avenue will be rezoned under the Precise Plan for residential use. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDWOOD CITY AS FOLLOWS: 1. The City Council of the City of Redwood City upholds the Planning Commission's certification of the FEIR based on substantial evidence, the entire record before the City Council, the staff report, and the following findings: A. There is no substantial evidence in the record to indicate that shadowing of 601 Brewster Avenue, even if it were to include residential units, would constitute or result in a significant environmental effect under CEQA. B. All buildings create some form of shadow, regardless of where they are located, in the Downtown or elsewhere. Shadows exist now and will into the future, and shadows are considered a part of the urban environment. Most urban developments will have some shadowing effects on nearby properties. C. The administrative record contains substantial evidence that the Precise Plan would not cause substantial shadow impacts to 601 Brewster Avenue. A TTY IRESO/RESO .1685 022607 14765 Muff# 603