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03/27/2007 <br />ORIGINAL <br />RESOLUTION NO. 14769 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDWOOD <br />CITY MAKING CERTAIN FINDINGS CONCERNING MITIGATION <br />MEASURES, ADOPTING A MITIGATION MONITORING AND <br />REPORTING PROGRAM, MAKING FINDINGS CONCERNING <br />ALTERNATIVES, AND ADOPTING A STATEMENT OF OVERRIDING <br />CONSIDERATIONS IN ACCORDANCE WITH THE CALIFORNIA <br />ENVIRONMENTAL QUALITY ACT FOR THE REDWOOD CITY <br />DOWNTOWN PRECISE PLAN <br />WHEREAS, the City of Redwood City ("City") prepared a Final Environmental <br />Impact Report ("FEIR") for the Downtown Precise Plan Project; and <br />WHEREAS, the FEIR evaluates the environmental impacts of five development <br />alternatives: "Maximum Intensity," "Moderate Intensity," "Modified Precise Plan - <br />Reduced Height," "No Project - Buildout Under Existing Land Use Policy," and "No <br />Project - No Change in Existing Development"; and <br />WHEREAS, on February 6, 2007, after a duly noticed public hearing and an <br />independent review of the FEIR, the Planning Commission of the City of Redwood City <br />certified by recorded vote that: (1) the FEIR was completed in accordance with the <br />requirements of the California Environmental Quality Act ("CEQA") and state and local <br />guidelines; (2) the FEIR was presented to the Planning Commission, and that the <br />Planning Commission reviewed and considered the information contained in the FEIR <br />prior to approving the project; and (3) the FEIR reflected the independent judgment and <br />analysis of the City; and <br />WHEREAS, following the Planning Commission's certification of the FEIR, the <br />property owner of 601 Brewster Avenue (Appellant) appealed the certification of the <br />FEIR to the City Council. The issue presented on appeal by the Appellant is whether <br />shadowing on 601 Brewster Avenue constituted a significant environmental impact. The <br />three arguments raised on appeal by the Appellant were as follows: <br />1. Implementation of the Precise Plan will result in significant shadowing to <br />Brewster Avenue; <br />2. City policy recognizes that shadowing in commercial areas does constitute a <br />significant environmental impact; and <br />3. Even if City policy only deemed substantial shadowing to represent a <br />significant environmental impact in residential properties, the EIR still fails to <br />comply with CEQA because Brewster Avenue will be rezoned under the <br />Precise Plan for residential use. <br />Atty/Reso/Reso.1683 ~ 14769 <br />030707 Muff #613 <br />