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ATTY/RESO.0035/CC RESO CERTIFYING FINAL EIR – 1548 MAPLE REV: 04-30-18 PR Page 4 of 49 EXHIBIT A CEQA Findings of Fact The following findings, including impact statements, mitigation measures, findings, and facts in support of findings, are based on the full administrative record including but not limited to the FEIR which contains a greater discussion of each issue. Pursuant to CEQA Guidelines Section 15091(a)(1), the mitigation measures will be required in the project and avoid or substantially lessen the significant environmental effects identified in the final EIR, as described herein. BIOLOGICAL RESOURCES Impact BIO-1: Construction of the proposed project and the project variant could result in impacts to nesting white-tailed kites and other native birds protected under the federal Migratory Bird Treaty Act and California Fish and Game Code. Mitigation BIO-1: To the extent feasible, initial grading and vegetation removal activities shall occur during the non-nesting season (September 1 to January 31). For any construction activities conducted during the nesting season, a qualified biologist (i.e., experienced in searching for passerine nests) shall conduct a preconstruction nest survey of all trees or other suitable nesting habitat in and within 250 feet of the limits of construction activities. The survey shall be conducted no more than two days prior to the start of work. If the survey indicates the presence of nesting birds, the biologist shall determine an appropriately sized buffer around the nest in which no work shall occur until the young have successfully fledged. The size of the nest buffer shall be determined by the biologist and shall be based on the nesting species and its sensitivity to disturbance. In general, buffer sizes of up to 250 feet for raptors and 50 feet for other birds should suffice to prevent substantial disturbance to nesting birds, but these buffers may be increased or decreased, as appropriate, depending on the bird species and the level of disturbance anticipated near the nest. Finding: Implementation of Mitigation Measure BIO-1 would reduce the project- related impact to nesting white-tailed kites and other native birds protected under the federal Migratory Bird Treaty Act and California Fish and Game Code to a less-than-significant level. Facts in Support of Finding: This mitigation measure appropriately identifies the nesting and non-nesting seasons, and spells out a process for conducting initial grading and vegetation removal activities if they were to be conducted during the nesting season. Impact BIO-2: Construction of the proposed project and the project variant could result in impacts to longfin smelt, a special-status species, and other native fish species. Mitigations BIO-2a: If it is necessary to work below the ordinary high water mark or mean high tide line within Redwood Creek, the work shall be restricted to the period between August 1 and November 30 when longfin smelt are unlikely to be present. If it is not practicable to conduct the in-water work within this timeframe, the applicant shall obtain an Incidental Take Permit from California Department of Fish and Wildlife (CDFW) prior to initiation of in- water work, which typically specifies avoidance, minimization, and compensation measures to reduce effects to a less than significant level. BIO-2b: For any dewatering that could occur during the construction period, all discharge water shall be pumped into a temporary siltation pond/desilting basin, Baker tank, 7.A. - Page 41