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City of Pleasanton 2023-2031 (6th Cycle) Housing Element Update CEQA Findings of Fact and Statement of Overriding Considerations 100 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2148/21480022/FOF/21480022 Pleasanton Housing Element FOF.docx birds remains potentially significant. Accordingly, prior to the issuance of grading permits, applicants or sponsors of specific projects on sites where potential special-status species, migratory birds, or nesting birds are present (to be determined by a qualified Biologist) would retain a qualified Biologist to prepare a Biological Resource Assessment (BRA) as required in MM BIO-1. (Draft Program EIR, Page 3.3-26–28). The City finds that MM BIO-1 is feasible, is adopted, and will further reduce impacts to related to biological resources. 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 impacts as identified in the Program EIR. Therefore, impacts associated with biological resources would be less than significant with mitigation incorporated. Impact BIO-3: Development consistent with the Housing Element Update, rezonings, and General Plan and Specific Plan Amendments could have a substantial adverse effect on State or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means (Draft Program EIR, Page 3.3-28). Findings: Less than significant impact with mitigation incorporated. (Draft Program EIR, Page 3.3-29). 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 Implement MM BIO-1. Facts in Support of Findings: Wetlands are found throughout the Planning Area and could be within the potential sites for rezoning. Individual development projects consistent with the Housing Element Update could result in impacts to State and federally protected waters and wetlands. Section 404 of the CWA requires any project that involves impacts to a protected wetland obtain a permit that authorizes fill of that feature. If, through the design process, it is determined that a future development project cannot avoid a protected wetland, then the USACE would require that there be an equal amount of wetland created elsewhere to mitigate any loss of wetland. Section 401 of the CWA (33 United States Code [USC] § 1341) requires an applicant who is seeking a 404 permit to also obtain a water quality certification from the RWQCB. Because Site 27 (PUSD-Vineyard) is within the Vineyard Avenue Corridor Specific Plan Area, it would also adhere to the requirements in the Vineyard Avenue Corridor Specific Plan. Chapter VII, Section B of the Vineyard Avenue Corridor Specific Plan requires projects to implement appropriate runoff controls to avoid erosion and runoff into seasonal drainages to control siltation and discharge of pollutants. These measures would be included in the grading plans. Compliance with these goals, policies, programs, and State and federal requirements would reduce impacts; however, the potential for impacts to State or federally protected waters and wetlands