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Reso24 16254
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Reso24 16254
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Last modified
10/29/2024 2:33:22 PM
Creation date
10/29/2024 2:29:31 PM
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CC Index
CC Index - Document Type
Resolution
Meeting Type
Regular
Date
10/28/2024
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within Mixed Use ‐ Corridor and Mixed Use ‐ Neighborhood”) As discussed in “c” above, the purpose of Municipal <br />Code Article 54 is to provide “opportunities for moderate-scale developments that facilitate pedestrian-friendly <br />environments” … and “to provide areas for a variety of activities, including commercial, office, and moderate-density <br />residential uses, or a mixture thereof.” As part of this implementing ordinance, “Single-use residential and <br />nonresidential buildings are permitted in the MUN district as well. Sensitivity to lower-intensity adjacent uses, a focus <br />on pedestrian and street-oriented design, and uses that serve the immediate neighborhoods are key considerations.” <br />Article 54 establishes development standards related to allowed land uses; new streets and pathways; open space <br />regulations; sidewalk, setback, and landscaping; parking and storage; height, density, and intensity; and façade <br />composition and architectural regulations. <br />Because the project component is requesting a waiver of the daylight plane requirement, the City has determined that <br />the project component would be required to prepare a shade and shadow study. General Plan Program BE-12 requires <br />“a shade and shadow study … to address impacts as defined below, unless the City’s Zoning Administrator determines, <br />based on the scale and scope of the proposed project and the criteria set…” The CEQA Guidelines do not provide <br />thresholds with respect to shade and shadow impacts. Pursuant to Section 15064(b) of the State CEQA Guidelines, <br />the determination of whether a project may have a significant effect on the environment calls for careful judgment on <br />the part of the public agency involved, based to the extent possible on scientific and factual data. An iron-clad <br />definition of significant effect is not always possible because the significance of an activity may vary with the <br />setting. Based on the foregoing, shade and shadow impacts normally considered significant include: (1) new <br />landscaping that would now or in the future cast substantial shadows on existing solar collectors; (2) casting of <br />shadows that substantially impair the beneficial use of shadow‐sensitive public open space; (3) casting of shadows <br />from parcels within the major transportation corridor onto adjacent residential parcels that substantially impair the <br />beneficial use of the residential parcels; (4) casting of shadows that materially impair the historic significance of an <br />historic resource; and (5) casting of shadows from parcels within a major transportation corridor onto adjacent parcels <br />designated Residential ‐ Low, ‐ Medium, ‐ Medium High, and/or ‐ High that substantially impair the beneficial use of <br />the residential parcels. A shadow analysis was prepared for the project component to evaluate its impacts with <br />reference to these thresholds. <br /> Regarding item (1), the shadow analysis concluded there are no existing solar collectors on the structures adjacent to <br />the project component site or within the shadows indicated on the project shade/shadow analysis.5 <br /> Regarding item (2), the shadow analysis concluded there is no shadow‐sensitive public open space adjacent to the <br />project component site. <br /> Regarding item (3), based on the shadow analysis prepared for the project component (see Plan Sheets PA1.3 through <br />PA1.5, 2/2/24), some shadows resulting from the proposed project component structure would increase during some <br />times of the year and could affect some areas of neighboring residential parcels (e.g., yards); however, most of the <br />increased shadows would occur during that latter part of the afternoon (3:00 PM). There would be no increase in <br />shadows during the morning (9:00 AM) compared to existing shadows, and the only increase in shadows during <br />midday (Noon) would occur on a small area surrounded by existing structures and vegetation/trees. Given the increase <br />in shadows would be in a limited space compared to the total surrounding area, for a short period of time, during <br />certain times of year, and would not affect the ability to use or enjoy the outdoor space given it is already impacted, <br />the project component shadows would not substantially impair the beneficial use of adjacent residential parcels. <br /> Regarding item (4), the shadow analysis concluded there are no historic resources adjacent to the project component <br />site. <br /> Regarding item (5), as discussed in item (3), the shadow analysis concluded project component shadows would not <br />substantially impair the beneficial use of adjacent residential parcels. <br /> Based on the shadow analysis conducted in compliance with General Plan Program BE-12 regarding shadows, and as <br />a result, no additional shadow impacts are anticipated. Thus, the 847 Woodside project component would have a less <br />than significant impact for the reasons noted. The 847 Woodside project component would be consistent with the <br />analysis in the Focused GPU EIR and would not create new impacts, increase impacts, and there is no new information <br />of substantial importance for CEQA purposes. <br />CONCLUSION <br />With regard to the issue of Aesthetics, the following findings can be made: (1) no peculiar impacts to the 847 Woodside <br />project component or its site have been identified, (2) there are no potentially significant effects or off-site and/or <br />cumulative impacts which were not discussed by the EIR/SEIR, (3) no substantial new information has been identified <br /> 5 Google Maps street view, accessed 5/2/24. <br />ATTY/RESO.0070/CC RESO 1900 BROADWAY (CEQA) - EXHIBIT 1 - CEQA CONSISTENCY CHECK LIST <br />REV: 10-23-24 VR <br /> <br />Page 27 of 135
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