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Findings and Statements Required by the California Environmental Quality Act <br />Redwood City DTPP Plan-Wide Amendments 38 ESA / 202100421.01 <br />Subsequent Environmental Impact Report May 2023 <br />would not conflict with Plan Bay Area or the Redwood City Climate Action Plan, and <br />would be subject to measures in the CALGreen Code and the Redwood City Reach Codes. <br />However, as explained under the findings for Impact CC-1, Mitigation Measure CC-1 may <br />not be feasible for economic or other reasons, and as such, full implementation of <br />Mitigation Measure CC-1 may not be feasible. Accordingly, this impact is conservatively <br />determined to be significant and unavoidable. <br />The City Council hereby finds, however, that there are specific economic, environmental, <br />social, legal, technological and other considerations that make infeasible the potential <br />mitigation measures described in the SEIR to mitigate the effect of Impact CC-2, and that <br />development of the Project will provide specific economic, environmental, social, legal, <br />technological and other benefits that will outweigh the significant adverse effects of Impact <br />CC-2, as set forth in the Statement of Overriding Considerations below. This finding is <br />based on the entire record of proceedings for the Project, including but not limited to the <br />discussion and analysis set forth on pages 13-40 through 13-45 of the DSEIR, which <br />includes a full statement of the impact and is hereby incorporated herein in its entirety. <br />15. Biological Resources <br />Impact BIO-1: Implementation of the DTPP Plan-Wide Amendments would not have a <br />substantial adverse effect, either directly or through habitat modifications, on any species <br />identified as a candidate, sensitive, or special status species in local or regional plans, policies, <br />or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife <br />Service. <br />Mitigation Measures. SEIR Mitigation Measures BIO-1a and BIO-1b (SEIR, p. 15-12) <br />will be implemented for the Project as provided in the MMRP. <br />Findings Regarding Impact BIO-1: Based on the FSEIR and the entire record before the <br />City, the Council finds that Mitigation Measures BIO-1a and BIO-1b would substantially <br />lessen the severity of Impact BIO-1, such that this potential impact would be less than <br />significant. Mitigation Measure BIO-1a would require, for projects in the amended DTPP <br />area that adjoin Redwood Creek, the project applicant or, for any City-initiated projects, <br />the City shall consult with the U.S. Fish and Wildlife Service and the California <br />Department of Fish and Wildlife regarding proposed activities to determine if they could <br />result in a “take” of a federal or State-protected species and, if applicable, implement an <br />appropriate mitigation plan shall be developed in consultation with, and meeting the <br />mitigation criteria of, those agencies, thereby avoiding significant effects on protected <br />species. Mitigation Measure BIO-1b would reduce the impact to nesting birds to a less than <br />significant level because it would require all tree removal or trimming and ground <br />disturbing activities to be scheduled outside of the breeding season, or if that is not feasible, <br />then the measure requires steps to be taken to avoid any significant impacts to nests based <br />on consultation with the California Department of Fish and Game.