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SPR No. 2020-03/ VAR No. 2020-06/AA No. 2020-04 — 4th and Mortimer Mixed -Use Development October 12, 2020 Page 10 structures, technical studies provided by the applicant, including shade and shadow, air quality and greenhouse gas emissions, traffic, parking, hydrology, and sewer capacity, were extensively peer reviewed by the City's CEQA consultant. In addition, additional studies relating to cultural resources, noise and vibration were prepared by the CEQA consultant. Aesthetics Consistent with 2010 EIR Mitigation Measure 4.1-4, a shade and shadow analysis was conducted for the proposed project. The proposed project's seven -story building on Block A and a five -story building on Block B would shade adjacent land uses, including structures to the east and southeast in the summer months, and structures to the north, northeast, and northwest in the winter months. For the purposes of analyzing shade/shadow impacts, a significant impact would occur when shadow -sensitive uses (e.g., residential structures, schools, churches, parks, etc.) would be shaded by a project -related structure for more than three hours between the hours of 9:00 A.M. and 3:00 P.M. Pacific Standard Time (PST) (between late October and early April), or for more than four hours between the hours of 9:00 A.M. and 5:00 P.M. PST (between early April and late October). The Site Shadow Study indicates that none of the shadow sensitive uses surrounding the project sites would be shaded by either building for more than three hours between 9:00 A.M. and 3:00 P.M. during the Winter Solstice. Likewise, shadow sensitive land uses would not be shaded by project structures for more than five hours between 9:00 A.M. and 5:00 P.M. during the summer. Therefore, impacts would be less than significant. As such, the proposed project would not contribute to the significant shadow impacts identified in the 2010 EIR, nor would it result in a new significant impact or substantially increase the severity of a previously identified significant impact with respect to shade and shadow beyond those analyzed in the 2010 EIR. Cultural Resources The State CEQA Guidelines for the preparation of an addendum do not specifically require adherence to Assembly Bill 52 (AB 52), which requires meaningful consultation with California Native American Tribes on potential impacts on tribal cultural resources, as defined in Public Resources Code Section 21074. However, considering that the EIR was approved and adopted in 2010 prior to the AB52 being enacted (July 2015) staff felt the need to incorporate tribal review into the environmental review processes. Tribal cultural resources are sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either eligible or listed in the California Register of Historical Resources or local register of historical resources. In order minimize impacts on potential resources on the project site mitigation measure MM4.4-1(a) has been revised to be inclusive of any locally affiliated Tribe identified by the Native American Heritage Commission. 75C-345