Reso PC22-08 0085 PC Reso Recommending CEQA

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Findings and Statements Required by the California Environmental Quality Act Harbor View Project PAGE 22 OF 48 ESA / 170951 Final Environmental Impact Report October 2022 ATTY/RESO.0085/PC RESO RECOMMENDING CEQA – EXHIBIT A REV: 11-02-2022 VR 4.2 Air Quality Impact AIR-1: Construction activities associated with the Project would generate fugitive dust and criteria air pollutants, and exceed the BAAQMD significance threshold for construction criteria air pollutant NOx. Mitigation Measures. EIR Mitigation Measures AIR-1A (BAAQMD Basic Construction Mitigation Measures), AIR-1B (BAAQMD Additional Construction Mitigation Measures), and AIR-1C (Use of Renewable Diesel Fuel during Construction) (FEIR, pp. 4-3 through 4-5) will be implemented for the Project as provided in the MMRP. Findings Regarding Impact AIR-1: Based on the FEIR and the entire record before the City, the Council finds that Mitigation Measures AIR-1A, AIR-1B, and AIR-C will reduce Impact AIR-1 regarding fugitive dust and criteria air pollutants during construction. Mitigation Measure AIR-1A requires implementation of Basic Construction Mitigation Measures consistent with BAAQMD recommendations to reduce emissions of fugitive dust to less than significant. Mitigation Measure AIR-1B involves Additional Construction Measures by BAAQMD, which is conservatively applied Revised Project to reduce NOx construction emissions that exceed significance thresholds. Mitigation Measure AIR-1B involves use of construction equipment that has engines that meet or exceed CARB Tier 4 off‐road emission standards. Presuming Mitigation Measure AIR-1B does not reduce the level of NOx construction emissions to below the significant level, Mitigation Measure AIR-1C is required. Implementation of Mitigation Measure AIR-1C involves use of renewable diesel fuel during construction for off-road equipment to achieve standard NOx emissions, depending on the level of implementation. Each of the aforementioned mitigation measures will reduce Impact AIR to less than significant. This finding is based on the entire record of proceedings for the Project, including but not limited to the discussion and analysis set forth on pages 4.2-17 through 4.2-22 of the DEIR, pages 4-3 through 4-5 of the FEIR, and full statements of the impact and mitigation measures on FEIR, are hereby incorporated herein in its entirety. 4.3 Biological Resources Impact BIO-1: The Project could adversely affect, either directly or through habitat modifications, any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service. Mitigation Measures. EIR Mitigation Measures BIO-1c (Nesting Bird Measures) and BIO-1d (Protection of Roosting Bats) (FEIR pp. 4-8 and 4-9) will be implemented for the Project as provided in the MMRP. Findings Regarding Impact BIO-1: Based on the FEIR and the entire record before the City, the Council finds that Mitigation Measures BIO-1c and BIO-1d will lessen the severity of Impact BIO-1. Mitigation Measure BIO-1c will reduce the impact to nesting birds because it would require all tree removal or trimming and ground disturbing activities to be scheduled outside of the breeding season, or if that is not feasible, then the measure requires steps to be taken to avoid any significant impacts to nests based on consultation with the California Department of Fish and Game (CDWF). Mitigation Measure 1d will similarly lessen the severity of Impact BIO-1 by steps to