Reso PC22-14 0114 PC Reso Certifying Final EIR 557 E. Bayshore Road

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ATTY/RESO.0114/PC RESO CERTIFYING FINAL EIR – 557 E. BAYSHORE ROAD REV: 12-09-22 VR Page 18 of 61 practices, which the District has determined reduce the health risks associated with fugitive dust from construction activities to acceptable levels. The measures also require certain construction equipment to meet U.S. EPA Tier 4 emission standards for PM. 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 through 32-46 of the DEIR, which includes a full statement of the impact and applicable mitigation measures and is hereby incorporated herein in its entirety. 3. Biological Resources Impact BIO-1: The project could have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS. Mitigation Measures. Mitigation Measures BIO-1.1 through BIO-1-20 will be implemented for the Project as provided in the MMRP. Findings Regarding Impact BIO-1. The Planning Commission hereby finds that incorporating the requirements of Mitigation Measures BIO-1.1 through BIO-1.20 into the Project would substantially lessen the severity of Impact BIO-1, such that this potential impact would be less than significant, because these measures will require pre-activity and pre-disturbance surveys, avoidance/non-disturbance buffers, shielding/orientation and minimization of lighting to determine the presence of Congdon’s Tarplant, bird nesting and other wildlife. Mitigation also includes worker environmental awareness programs and herbaceous cover removal prior to construction activities on site to reduce impacts to salt march harvest mouse and salt marsh wandering shrew. Bird-safe building design implementation is required to reduce bird collisions. Further mitigations include environmentally sensitive area fencing, immediate work stoppage, planting of high tide refugial habitat (following grading), and integrated invasive weed management program, prohibition of outdoor cats and off-leash dogs and food waste management. 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 47 through 81 of the DEIR, which includes a full statement of the impact and applicable mitigation measures and is hereby incorporated herein in its entirety. 4. Biological Resources Impact BIO-2: The Project could have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the CDFW or USFWS. Mitigation Measures. Mitigation Measures BIO-2.1 will be implemented for the Project as provided in the MMRP. Findings Regarding Impact BIO-2. The Planning Commission hereby finds that incorporating the requirements of Mitigation Measures BIO-2.1 into the Project would substantially lessen the severity of Impact BIO-2, such that this potential impact would be less than significant, because these measures will require implementation of invasive weed