City of Pleasanton 2023-2031 (6th Cycle) Housing Element Update
<br />CEQA Findings of Fact and Statement of Overriding Considerations
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<br />98 FirstCarbon Solutions
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<br />potential impacts on wildlife populations and habitats before developing projects, using the CEQA
<br />process or other processes, as relevant. Policy 2 requires the preservation of Heritage Trees, and
<br />Programs 2.1 and 2.2 provide additional policy-based mitigations for special-status species and their
<br />habitats. Program 2.1 strongly encourages preservation of Heritage Trees, and, where preservation is
<br />not feasible, the City would require tree replacement or a contribution to the Urban Forestry Fund.
<br />This program allows no net loss of trees. Program 2.2 requires adherence to the provisions of the
<br />City’s Heritage Tree Ordinance, Pleasanton Municipal Code Chapter 17.16, Tree Preservation, when
<br />reviewing future development projects. With respect to Site 27 (PUSD-Vineyard) and the Vineyard
<br />Avenue Corridor Specific Plan, several policies and programs are in place for special-status species as
<br />noted in Section 3.3.3 above. In compliance with the Vineyard Avenue Corridor Specific Plan, all
<br />grading plans are required to include a 100-foot setback from seasonal ponds to avoid impacts to
<br />red-legged frogs and California tiger salamander (CTS) breeding habitat, if applicable. Any potential
<br />upland habitat of CTS (blue oak woodland or annual grassland) removed would be mitigated on-site
<br />at a 1:1 ratio, if applicable. If any trees are to be removed during raptor nesting season, a focused
<br />survey by a qualified Biologist shall be conducted no more than 14 days, and no less than 30 days,
<br />prior to removal, if applicable.
<br />Additionally, special-status species receive protection from various federal and State laws and
<br />regulations, including the Endangered Species Act and CESA, including ESA Section 10 permits and
<br />CESA Section 2081(b) permits.
<br />Compliance with the federal and State endangered species acts, as well as implementation of the
<br />General Plan goals, policies, and programs discussed previously would reduce potential direct and
<br />indirect impacts on special-status species within the potential sites for rezoning. Nonetheless, the
<br />potential for impacts to special-status species, migratory birds, or nesting birds remains potentially
<br />significant. On sites (e.g., Site 1, Lester) where potential special-status species, migratory birds, or
<br />nesting birds are likely to be present (to be determined by a qualified Biologist), Mitigation Measure
<br />(MM) BIO-1 requires, prior to the issuance of grading permits, a qualified Biologist to prepare a
<br />project-specific Biological Resources Analysis, consisting of a project-specific analysis of potential
<br />impacts on all biological resources, including impacts on special-status species and their habitat,
<br />migratory birds and other protected nesting birds, roosting bats, rare plants, sensitive communities,
<br />protected waters and wetlands, wildlife corridors and nursery sites. (Draft Program EIR, Page 3.3-
<br />23–26).
<br />The City finds that MM BIO-1 is feasible, is adopted, and will further reduce impacts related to
<br />biological resources. Accordingly, the City finds that, pursuant to Public Resources Code Section
<br />21081(a)(1) and State CEQA Guidelines Section 15091(a)(1), changes or alterations have been
<br />required in, or incorporated into, the Housing Element Update that mitigate or avoid the potentially
<br />significant impacts as identified in the Program EIR. Therefore, impacts associated with biological
<br />resources would be less than significant with mitigation incorporated.
<br />Impact BIO-2: Development consistent with the Housing Element Update, rezonings, and General
<br />Plan and Specific Plan Amendments could have a substantial adverse effect on any riparian habitat
<br />or other sensitive natural community identified in local or regional plans, policies, and regulations or
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