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City of Pleasanton 2023-2031 (6th Cycle) Housing Element Update <br />CEQA Findings of Fact and Statement of Overriding Considerations <br /> <br /> <br />98 FirstCarbon Solutions <br />Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2148/21480022/FOF/21480022 Pleasanton Housing Element FOF.docx <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