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Chapter 2 CEQA Findings Level of Significance after Impact Statement Evidence/Rationale Supporting Findings Mitigation Measures Findings Mitigation by providing barriers so that light from vehicle headlights would not illuminate off-site sensitive uses. ¦ All projects shall incorporate project design features to provide landscaping, physical barriers, screening, or other buffers to minimize project-generated illumination from entering off-site areas and to prevent glare or interference with vehicular traffic, in accordance with the City's Municipal Code. Impact 4.1-5 Long-term cumulative development occurring pursuant to the Transit Zoning Code (SD 84) would result in a substantial increase in shade/shadows over sensitive uses. Potential development of future buildings within the Transit Village Zone (which allow building heights up to 20-stories) would cause significant impacts from shade/shadow. Due to the uncertainty of the exact design specifications of future buildings, it is possible that impacts would occur, even after the implementation of MM4.14. Therefore, this impact is considered significant and unavoidable. Discussion is provided on page 4.1-26 and 27 of the FEIR (Volume 1). MM4.1-4 For any proposed structure that would exceed four stories in height, applicants shall submit a site-specific shade/shadow report with renderings representing the level of shade/shadows associated with the proposed development at the following times: 9:00 A.M., 12:00 P.M., 3:00 P.M. PST for the both the winter and summer solstices. An additional rendering for the 5:00 P.M. PST time period shall be prepared for the summer solstice period. Typically, a variety of criteria are used to determine the significance of a shadow impact, including the following: ¦ Affected land use (criticality of direct sunlight for the use) ¦ Duration (hours per day in shadow) ¦ Time of day (critical time period for direct sunlight) ¦ Season (time of year use would be shadowed) ¦ Extent (oercentaae of use that would be Finding 1 The Agency finds that changes or alterations have been required in, or incorporated into, the project which would avoid or substantially lessen the significant environmental effect as identified in the final EIR. Specifically, MM4.14 would reduce shade/shadow issues through the feasible design recommendations set forth in required studies. Finding 3 Despite these changes, impacts would remain significant. The Agency finds that specific economic, social, or other considerations make infeasible additional mitigation. Specifically, no additional feasible mitigation measures exist that would avoid or substantially reduce this impact. Significant and unavoidable 2-4 Revised Station District Project and FOL Settlement Agreement Findings of Fact/Statement of Overriding Considerations