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12/16/2019 Finding: The implementation of mitigation measure MM BIO -1.1 would reduce the project's significant impact to nesting birds to a less than significant level. (Less than Significant Impact with Mitigation Incorporated). Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effects as identified in the EIR. (State CEQA Guidelines, section 15091(a) (1).) Facts in Support of Finding: The project, with implementation ofthe above mitigation measure, would reduce impacts to nesting birds (f present) to a less than: significant level by avoiding construction during nesting bird season or completing pre -construction nesting bird surveys to minimize and/or avoid impacts to nesting birds(page 48 of the Draft EIR). MM BI0-1.1: Construction shall be scheduled to avoid the nesting bird season to the extent feasible. The nesting season for most birds, including most raptors, in the San Francisco Bay Area extends from February 1 through August 31. If it is not possible to schedule construction activities between September 1 and January 31, then pre -construction surveys for nesting birds shall be completed by a qualified ornithologist to ensure no nest shall be disturbed during project implementation. This survey shall be completed no more than 14 days prior to the initiation of grading, tree removal, or other demolition or construction activities during the early part of the breeding season (February through April) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May through August). During this survey, the ornithologist shall inspect all trees and other possible nesting habitats within and immediately adjacent to the construction area for nests. If an active nest is found sufficiently close to work areas to be disturbed by construction, the ornithologist, in consultation with CDFW, shall determine the extent of a construction -free buffer zone to be established around the nest to ensure that nests of bird species protected by the MBTA or Fish and Game Code shall not be disturbed during project construction. A final report of nesting birds, including any protection measures, shall be submitted to the Director of Community Development prior to the start of grading or tree removal. The City finds that Mitigation Measure BIO -1.1 is feasible, is adopted, and will further reduce impacts associated with this issue to a level of less than significant. Accordingly, the City finds that, pursuant to Public Resources Code section 21081(a)(1) and State CEQA Guidelines section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts of the proposed project related to this issue. Impact BIO -C: The project would result in a cumulatively considerable contribution to a significant biological resources (i.e., nesting birds) impact. Finding: The implementation of mitigation measure MM B10-1.1 would reduce the project's cumulatively considerable contribution to a significant cumulative impact to nesting birds to a less than significant level. (Less than Significant Cumulative Impact with Mitigation Incorporated). Changes or alterations have been required in, or ATTY/RESO.0124/CC RESO RECOMMENDING CEQA CERTIFICATION—YMCA RESO. NO. 15513 REV: 12-12-191Y MUFF NO. 601 Page 9 of 44