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 41 Final Environmental Impact Report January 2023 Mitigation Measure AIR-2 requires applicants prepare project-specific air quality analyses and incorporate mitigation, as necessary, to reduce exhaust emissions of NOX and other pollutants from construction vehicles; however, since specific development projects are unknown, it cannot be assured that all future development would be able to reduce emissions below BAAQMD thresholds. Nonetheless, because future construction activities could result in ozone precursor and PM emissions that exceed BAAQMD thresholds, the Project could increase the frequency and/or severity of air quality violations in the Bay Area Basin or otherwise impede attainment of air quality standards. Therefore, this impact would be significant and unavoidable. The City Council hereby finds, however, that there are specific economic, environmental, social, legal, technological and other considerations that make infeasible the potential mitigation measures described in the EIR to mitigate the effect of the cumulative air impact, and that development facilitated by the Project will provide specific economic, environmental, social, legal, technological and other benefits that will outweigh the significant adverse effects of the cumulative air impact, as set forth in the Statement of Overriding Considerations below. 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 4.3-18 through 4.3-22 and pages 6-4 and 6-5 of the DEIR, which include a full statement of the impact and is hereby incorporated herein in its entirety. 6.2.5 Biological Resources: Mitigation Measures. EIR Mitigation Measures BIO-1 through BIO-13 (Draft EIR pp. 4.4-37 to 4.4-40, 4.4-42 to 4.4-43, and 4.4-47 to 4.4-48) will be implemented for the Project as provided in the MMRP. Findings Regarding Cumulative Biological Resources Impact: Based on the FEIR and the entire record before the City, the Council finds that incorporating the requirements of Mitigation Measures BIO-1 through BIO-13 would substantially lessen the severity of the cumulative biological resources impact such that this potential cumulative 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-2a requires a special-status plant survey be conducted by a qualified botanist, with field survey timing corresponding with the blooming period when target species would be observable; if special status plants cannot be avoided, Mitigation Measure 2b shall be implemented. Mitigation Measure BIO-2b requires development of a compensation plan for impacts to special status plant species, including seed collection in a seed bank for replanting. Mitigation Measure BIO-3 requires consultation with the USFWS if federally-protected animal species or habitats supporting these species are present, and obtaining all required federal permits and approvals necessary to comply with applicable federal requirements. Mitigation Measure BIO-4 requires consultation with the CDFG if habitats potentially supporting the southwestern pond turtle or crotch bumble bee are identified, including habitat avoidance measures required by the CDFW; if habitat cannot be avoided, mitigation measure BIO-6 shall be implemented. Mitigation Measure BIO-5 requires avoiding active burrowing owl nesting and wintering burrows, including