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SAN LEANDRO SHORELINE DEVELOPMENT EIR ADDENDUM PROJECT CITY OF SAN LEANDRO harbor entrance, the public promenade, and the existing boardwalk and lookout pier would remain a part of the Modified Project. The Original Project found that construction could cause disturbance to aquatic habitat of the bay, requiring drilling and excavation for pier/dock installation and shoreline modification, and suspending silts and other substrate within the construction zone, resulting in a temporary reduction in water quality, or inadvertent injury or loss of individual special -status fish species, if present within the construction zone. These impacts were considered a significant impact for the Original Project for which appropriate construction avoidance measures, implemented as part of Mitigation Measure BIO -1B detailed below, were necessary to prevent possible loss of one or more of these species, and appropriate authorizations were required from NOAA Fisheries, USFWS, and/or CDFW where "take" of special -status fish species may occur as a result of the in -water activities of the Original Project. Chapter 4.3, Biological Resources, of the Certified EIR, included Mitigation Measure BIO -1B, which calls for the implementation of adequate controls to reduce the potential in inadvertent loss of special -status fish species and other aquatic species as part of -in water construction activities. The Original Project implemented Mitigation Measure BIO -1B, to address potential in -water construction impacts to special status fish and other aquatic species, resulting in a less -than significant impact. Because the Modified Project would remove the proposed conference center and other project components and shift the hotel inland, the new development would likely have a reduced impact from construction -related impacts to special -status fish species. However, there remains the possibility that project related components for the Modified Project, such as the installation of the aeration fountain could still impact special -status fish species. Mitigation Measure BIO -1B would also be required for the Modified Project and would therefore not result in a new impact or a substantial increase in magnitude of the existing impacts to special -status fish species. The Certified EIR for the Original Project found that tree and vegetation removal, building demolition, and other construction activities during the breeding season could result in the incidental loss of fertile eggs or nestlings or nest abandonment if any active nests are present, and are therefore considered a significant impact. Mitigation Measure BIO -1C, required for the Original Project, addressed potential impacts to nesting birds, including raptors during the construction period by requiring preconstruction surveys, scheduling tree removal and building demolition outside of the bird nesting season (which occurs from February 1 to August 31), and other adequate controls, in compliance with the federal Migratory Bird Treaty Act and California Fish and Game Code, resulting in a less than significant impact. Mitigation Measure B10 -1C would also be implemented for the Modified Project, and as the Modified Project would not result in a new impact nor a substantial increase in magnitude of impact to nesting birds, the potential impacts would be the same as the Original Project. BIO -b. According to the Certified EIR, no riparian or other sensitive natural community types are present on the site of the Original Project. The Modified Project remains on the same site as the Original Project and therefore it would not result in a new impact or a substantial increase in magnitude of existing impacts to riparian habitat or other sensitive natural communities. BIO -c. The Certified EIR found that construction of the Original Project would result in direct and indirect effects on jurisdictional wetlands and other waters which include disturbance and modifications to areas in open water and the shoreline of San Francisco Bay and upland areas in the golf course; these were considered January 2020 Page 37