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City of Pleasanton 2023-2031 (6th Cycle) Housing Element Update CEQA Findings of Fact and Statement of Overriding Considerations 96 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2148/21480022/FOF/21480022 Pleasanton Housing Element FOF.docx The City finds that MM AIR-1a and MM AIR-1b are feasible, are adopted, and will further reduce impacts to related air quality. Accordingly, the City finds that, pursuant to Public Resources Code Section 21081(a)(1) and State CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the Housing Element Update that mitigate or avoid the potentially significant cumulative impacts as identified in the Program EIR. Therefore, cumulative impacts associated with air quality would be less than significant with mitigation incorporated. 1.6.2 - Biological Resources Impact BIO-1: Development consistent with the Housing Element Update, rezonings, General Plan and Specific Plan Amendments could have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or United States Fish and Wildlife Service (Draft Program EIR, Page 3.3-23). Findings: Less than significant impact with mitigation incorporated. (Draft Program EIR, Page 3.3-26). Changes or alterations have been required in, or incorporated into, the Housing Element Update which avoid or substantially lessen the significant environmental effects as identified in the Program EIR. (State CEQA Guidelines, § 15091(a)(1)) Mitigation Measures MM BIO-1 Biological Resource Assessment Prior to the approval of any site-specific entitlement, applicants or sponsors of projects on sites where potential special-status species, migratory birds, or nesting birds are determined to be present by a qualified Biologist, then the applicants or sponsors of projects shall retain a qualified Biologist and/or Wetland Regulatory Specialist to prepare a Biological Resource Assessment (BRA). The BRA shall include a project-specific analysis of potential impacts on all biological resources, including impacts on special-status species and their habitat, migratory birds and other protected nesting birds, roosting bats, rare plants, sensitive communities, protected waters and wetlands (analyze project-specific compliance with Clean Water Act [CWA], Porter-Cologne Water Quality Act, and Fish and Game Code, as applicable), wildlife corridors and nursery sites. The BRA shall develop and define prescriptive and site-specific measures reducing potential impacts to a less than significant level. These measures shall be included as conditions of approval for the project and be incorporated into building and grading permits issued for demolition and construction. If a water feature is found to be jurisdictional or potentially jurisdictional, the applicant shall comply with the appropriate permitting process with each agency claiming jurisdiction prior to disturbance of the water feature.