Reso23-02 0009 PC Reso Adopt CEQA

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Findings and Statements Required by the California Environmental Quality Act Focused General Plan Update 36 Final Environmental Impact Report January 2023 Findings Regarding Impact BIO-3: Based on the FEIR and the entire record before the City, the Council finds that incorporating the requirements of Mitigation Measures BIO-1, BIO-10, BIO-11, and BIO-12 would substantially lessen the severity of Impact BIO-3, such that this potential impact would be less than significant. Mitigation Measure BIO-1 requires project-specific biological resource analyses be conducted with recommended mitigation measures incorporated into the CEQA document for the project and/or adopted as project conditions of approval. Mitigation Measure BIO-10 requires project proponents to obtain all necessary permits pertaining to affected riparian habitat or Waters of the United States, including wetlands, stream channel, and open-water habitat regulated by the USACOE, CDFG, and San Francisco Bay RWQCB; discharge of fill requiring a CWA Section 404 permit from the USACOE; CWA Section 401 certification from the San Francisco Bay RWQCB; and any additional compensation for impacts to riparian habitat and wetlands as determined by the permitting agency. Mitigation Measure BIO-11 requires implementing Best Management Practices to avoid and/or control invasive weeds, particularly during wildland fire protection projects and sea-level rise protection projects. Mitigation Measure BIO-12 requires implementing Best Management Practices to prevent pollutant spills, and erosion and sedimentation near sensitive habitats, including erosion control and spill prevention measures implemented prior to the start project-related activities near riparian areas and associated aquatic habitat and remaining in place throughout the construction duration. Impact BIO-4: The proposed Project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. Mitigation Measures. EIR Mitigation Measures BIO-7, BIO-8a, BIO-8b, and BIO-13 (Draft EIR pp. 4.4-38 to 4.4-39 and 4.4-47 to 4.4-48) will be implemented for the Project as provided in the MMRP. Findings Regarding Impact BIO-3: Based on the FEIR and the entire record before the City, the Council finds that incorporating the requirements of Mitigation Measures BIO-7, BIO-8a, BIO-8b, and BIO-13 would substantially lessen the severity of Impact BIO-4, such that this potential impact would be less than significant. Mitigation Measure BIO-7 requires limiting ground disturbance to outside the avian nesting season, or if during the avian nesting season then establishing staging and storage areas and creating buffers to reduce disturbance, as determined by a qualified biologist. Mitigation Measure BIO-8a requires a bat habitat assessment of trees and structures to be removed to be conducted by a qualified biologist; if suitable roosting habitat or signs of bats are found, then Mitigation Measure 10 shall be implemented. Mitigation Measure BIO-8b requires a dusk emergence bat survey for roosting bats within 14 days prior to the removal of the tree(s) or structure(s), using acoustic equipment to identify the species; if no roosting bats are found during the survey, then no further action is required, but if roosting bats are found during the survey, a disturbance-free buffer zone shall be established as directed by a qualified biologist. Mitigation Measure BIO-13 requires uniformly applied standards for housing development projects to reduce risk of avian collision, including design standards that reduce the amount