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Fact~ in Sunoort of Findin~: The impact will be avoided or reduced based on the <br />following: <br /> <br /> a. The Greenbriar Project provides a setback from the Arroyo de la Laguna of <br />approximately 300 feet from top of eastern bank as part of the Phase I development. <br />Any development of Phase II which may occur within the currently unplanned future <br />public space near the Arroyo will be subject to future environmental review. <br /> <br /> b. The upland area adjacent to the riparian corridor of the Arroyo de la Laguna <br />has long been in agricultural production and is not considered significant habitat. The <br />Project incorporates more than the EIR-recommended setback from the Arroyo. <br /> <br /> c. PUD Condition requires the Property Owner to comply with all <br />conditions of applicable wetlands permits and streambed alteration agreements prior to <br />any grading or fill activities on areas determined to be within the jurisdiction of the <br />U.S. Army Corps of Engineers or the California Department offish and Game. The <br />Property Owner shall obtain any necessary 1603 Streambed Alteration Agreements <br />from the California Department of Fish and Game prior to approval of grading <br />permits. Consultation with the appropriate regulatory agencies, and compliance with <br />all permit conditions will avoid or reduce the potential for adverse effects on the <br />riparian habitat of the Arroyo de la Laguna because these agencies require avoidance <br />or adequate mitigation for all potential impacts on riparian habitat. <br /> <br />2. Imoact 02. Potential for adverse effects on the riparian habitat of the dry channel <br />east of the Arroyo. <br /> <br />Measure O2a. Modify the land use plan to avoid filling the dry channel or disturbing <br />any area within 50 feet of the centerline of the channel, or <br /> <br />Measure O2b. Replace affected habitat elsewhere on the site, or <br /> <br />Measure O2c. Conform to the requirements of a Streambed Alterati°n Agreement or <br />other requirements of other jurisdictional agencies. <br /> <br />Findina: Changes or alterations have been required in, or incorporated into, the <br />Project which avoid or substantially lessen the significant environmental effect <br />identified in the Final EIR to a less than significant level. <br /> <br />Facts in Support of Finding,: The impact will be avoided or reduced based on the <br />following: <br /> <br /> a. The PUD incorporates Mitigati'on Measure O2c which require the Property <br />Owner to comply with all conditions of applicable wetlands permits and streambed <br /> <br />44 <br /> <br /> <br />