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Finding: Changes or alterations have been incorporated into the Project that would avoid the significant environmental effect as identified in the Revised Final SEIR. Mitigation Measures 4.0-la and 4.E-1 from the 2012 SEIR which have been required in or incorporated into the Project will reduce the significant environmental impact to a less than significant level. Mitigation Measure 4.C-la has been amended in the RMMRP to clarify application to the entire Project site (i.e. Phase 1 and Full Buildout). Mitigation Measure 4.E-1 has been amended in the RMMRP to clarify application to locations on the Project site where buildings shall be demolished or large trees constituting suitable habitat for roosting bats shall be removed. Facts in Support of Finding: The following facts and mitigation measures indicate that the impact will be reduced to less than significant. 1. The removal of any trees or other vegetation associated with development within the Project could result in direct losses of nesting habitat, nests, eggs, or nestlings of special-status birds. 2. The removal of any trees or other vegetation or demolition of unused or underutilized buildings could result in direct losses of roosting special- status bats. 3. Implementation of Mitigation Measures 4.0-la and 4.E-1 set forth in Table 5-1 of the Final SEIR and listed in the RMMRP will ensure that Impact 4.E-la would be reduced to a less than significant level and are hereby incorporated by reference and described below. Modified Mitigation Measure 4.0-la from 2012 SEIR: Pre-construction Breeding Bird Surveys. The City shall ensure that prior to development of all potential sites for rezoning(Sites 1-4, 6-11, 13, 14, and 16-21) and each phase of project activities that have the potential to result in impacts on breeding birds (e.g., tree removal or demolition of buildings or bridges), the project applicant shall take the following steps to avoid direct losses of nests, eggs, and nestlings and indirect impacts to avian breeding success: • If grading or construction activities occur only during the non-breeding season, between August 31 and February 1, no surveys will be required. • Pruning and removal of trees and other landscaped vegetation, including grading of grasslands, should occur whenever feasible, outside the breeding season(February 1 through August 31). • During the breeding bird season(February 1 through August 31) a qualified biologist will survey project sites for nesting raptors and passerine birds not more than 14 days prior to any ground-disturbing activity or vegetation removal. Surveys will include all line-of-sight trees within 500 feet(for raptors) and all vegetation within 250 feet for all other species. 20