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12/17/2007 substantially lessen the identified environmental impacts of the Project as proposed. Furthermore, the project applicant owns the Peninsula Marina portion of the proposed site and has a lease option to buy the Pete's Harbor portion. The project applicant has no controlling interest in any other property capable of meeting most of the basic objectives of the Project, nor can the applicant be reasonably expected to be able to acquire or control any particular site large enough to permit such a development, even if such a site could be identified, given the rarity of such sites in the Mid-Peninsula area (if any exist). Findings: Development of the Project at an alternative site is not feasible for the reasons described above and as more fully described in Section 17.9 of the FEIR. J. Ultimate Findina Reaardina Alternatives 1-9: The Peninsula Park Project is a redesigned and reduced-scale project that does not include the 13.21-acre Pete's Harbor property. The current project includes 796 residential condominium units (on 21.87 acres), 10,000 square feet of commercial (convenience retail and restaurant) space (on 0.60 acres), a 200-room hotel (on 2.60 acres), a community park and two overlook parks (on 2.79 acres), and a marina and canals (on 5.38 acres). The marina would accommodate 25 to 40 slips. The tallest project buildings would include seven buildings at 120 feet, two building at 110 feet, and one at 100 feet; all other buildings (including 86 residential buildings, plus the commercial and hotel buildings) would be at or below 75 feet in height. In comparison, the portion of the 2003 EIR project located within the 33.24-acre Peninsula Marina property consisted of approximately 1,297 housing units (67 percent of the 2003 EIR project total) and 312,000 square feet of commercial (office, retail, and restaurant) space (100 percent of the 2003 EIR project total) in an array of eight 18- to 23-story residential towers (from 240 to 260 feet in height), numerous low-rise residential flats and townhouses, and several low-rise commercial buildings, plus approximately 3.80 acres of marina (50 to 60 slips; approximately 60 percent of the 2003 project total). Based on the comparison above, it is evident that the Peninsula Park Project is a significantly reduced-scale project with regards to the number of housing units, the amount of commercial square footage, and the height of the towers. The reduced-scale of the Project has resulted in a similar reduction in the number of significant and unavoidable environmental impacts. The Peninsula Park Project has fewer significant and unavoidable environmental impacts than the Project approved by the City Council in June 2004. The MSV EIR identified 25 significant unavoidable impacts as follows: visual factors (5 impacts); population, housing, and employment (2 impacts); transportation and circulation (14 impacts); biological resources (1 impact); infrastructure and public services (1 impact); noise (1 impact); and air quality (1 impact). The Peninsula Park Addendum only identifies five significant unavoidable impacts as follows: visual factors (1 impact); population, housing, and employment (2 impacts); transportation and circulation (1 impact); and biological resources (1 impact). The Peninsula Park Project is a significantly reduced development project from the Marina Shores Village Project presented to and approved by the City Council in June 2004. Despite the enormous scale of the Marina Shores Village Project proposed in 2004, the City Council determined that the benefits of that project outweighed the 25 significant and unavoidable environmental impacts posed by that project. Furthermore, the City Council determined that all proposed alternatives were infeasible. Thus, all of those alternatives are infeasible when measured against the drastically reduced Peninsula Park Project. In light of the Peninsula Park Project's considerably reduced-scale and appreciably reduced number of Atty/Reso/Reso.1772 121707 51 14829 Muff# 613