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01/24/2011 Exhibit B c) Findings. Based on the FEIR and the entire record before the City, the City Council finds that Mitigation Measure 15 -3 would reduce this impact to a less than significant level 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. Impact 15 -4: Potential Loss of Heritage Trees. Future development in accordance with the Draft DPP may result in the removal of heritage trees as defined by the City's Tree Preservation Ordinance (Municipal Code chapter 35). a) Potential Impact. The impact identified above is described and discussed on page 15 -16 of the DEIR. b) Mitigation Measures. FEIR Mitigation Measure 15 -4 (p. 15 -16 of the DEIR) is hereby adopted and will be implemented as provided in the Mitigation Monitoring and Reporting Program. c) Findings. Based on the FEIR and the entire record before the City, the City Council finds that Mitigation Measure 15 -4 would reduce this impact to a less than significant level because it would require that any project in the DPP area that would involve the removal of any tree complete the application and review process specified in the City's Tree Preservation Ordinance (Municipal Code chapter 35) prior to project approval. 16 Geology and Soils Impact 16 -1: Expansive Soils Impacts. The proposed DPP would allow development in areas that may be subject to hazards from expansive soils. a) Potential Impact. The impact identified above is described and discussed on page 16 -6 of the DEIR. b) Mitigation Measures. FEIR Mitigation Measure 16 -1 (p. 16 -7 of the DEIR) is hereby adopted and will be implemented as provided in the Mitigation Monitoring and Reporting Program. c) Findings. Based on the FEIR and the entire record before the City, the City Council finds that Mitigation Measure 16 -1 would reduce expansive soil impacts to a less than significant level because it would: 1) require analysis of expansive soil hazards and full remediation of expansive soils, or site specific recommendations to fully mitigate the effects of weak or expansive soils, as reviewed by a City- retained registered geologist, that are to be submitted with the building permit application; and 2) require deed restrictions to prohibit significant modification of finished lot grades that would adversely affect site drainage. Impact 16 -2: Corrosive Soils Impacts. Development within the DPP area, in U: \Resolutions\2011\Reso 15086 Exhibit B.doc 46 012011 Reso. # 15086 Muff #601