Reso PC22-14 0114 PC Reso Certifying Final EIR 557 E. Bayshore Road

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ATTY/RESO.0114/PC RESO CERTIFYING FINAL EIR – 557 E. BAYSHORE ROAD REV: 12-09-22 VR Page 26 of 61 To the extent more intense development were to be proposed beyond what is currently pending with the subject project application, construction and operational effects could be increased; therefore, the Planning Commission hereby finds that the No Project - Existing Plans and Policies Alternative is not feasible. Findings Relating to No Project - Refurbishing Existing Development Alternative The No Project- Refurbishing Existing Development Alternative would assume the currently vacant movie theatre and parking lot are refurbished and reopened for use. Under this alternative, the existing vacant movie theater building could be re-occupied with a theater use or with another commercial use allowed by the current CG – General Commercial zoning. The existing development, based on its location on the site, does not comply with the underlying Mixed-Use Waterfront General Plan designation. Options to reuse or expand the existing development for commercial uses could be limited or restricted. Implementation of the No Project-Existing Development Refurbishing Alternative would avoid the less than significant impacts with mitigation identified in this EIR. The No Project-Existing Development Refurbishing Alternative would not, however, allow for new waterfront, high density, mixed-use development to be constructed on the project site consistent with the General Plan. This alternative does not meet any of the objectives of the proposed project; therefore, the Planning Commission hereby finds that the No Project - Refurbishing Existing Development Alternative is not feasible. Findings Relating to Design Alternative-Reduced Building Height of Residential Buildings According to the Biological Resource Report, the greatest risk of bird collisions with buildings occurs in the area within 40-60 feet off the ground because this is the area in which most bird activity occurs. The project has a maximum proposed height of approximately 55 feet. The reduced building height alternative would reduce the number of floors within the residential buildings to four, reducing the building height to a maximum of 45 feet. Based on the currently proposed floor plans, removing the fifth floor from each residential building would result in a reduction of 102 residential units, leaving the project with a total of 378 units. While this alternative would reduce the potential for bird strikes, it would result in similar impacts to other sensitive biological resources (Congdon’s tarplant, nesting birds, the spread invasive weeds, reduction in proposed landscaping, nighttime lighting disturbance, and impacts to the salt marsh harvest mouse and salt marsh harvest shrew. This alternative may reduce construction NOx emissions slightly, but not to the point where the identified mitigation would no longer be required. Additionally, the significant VMT impact associated with the proposed fitness center would still occur therefore, the Planning Commission hereby finds that the Design Alternative-Reduced Building Height of Residential Buildings is not feasible. Findings Relating to Design Alternative-Residential Building Connection This design alternative would remove the walkway between Building A and Building B and connect the two residential buildings. The alternative would prevent birds from colliding into the facades between the two residential buildings, as it would close off the flight path between the two