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City of Pleasanton 2023-2031 (6th Cycle) Housing Element Update CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions 103 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2148/21480022/FOF/21480022 Pleasanton Housing Element FOF.docx project shall be responsible for diverting project work and providing the assessment including retaining a professional paleontologist for such purpose. Collected fossils shall be deposited by the applicant/owner/sponsor in an appropriate repository where the collection shall be properly curated and made available for future research (e.g., University of California Museum of Paleontology (UCMP), California Academy of Sciences). Facts in Support of Findings: The City is directly underlain by Quaternary Alluvium, which is unlikely to contain vertebrate fossils. However, it is possible that parts of the city are also underlain by older Quaternary deposits that are known to contain vertebrate fossils. Fossils have been found within five miles of areas in similar deposits. Therefore, the city has moderate paleontological sensitivity. While shallow excavation or grading is unlikely to uncover paleontological resources, deeper excavation into older sediments may uncover significant fossils. Therefore, any project involving earthmoving activity could potentially result in inadvertent discovery and disturbance of paleontological resources during grading and excavation work. As such, construction-related and earth-disturbing actions from development consistent with the Housing Element Update on sites underlain by older Quaternary deposits have the potential to damage or destroy fossils resulting in significant impacts on paleontological resources. In the unlikely event that any earth-disturbing construction-related activities uncover significant paleontological resources (e.g., bones, teeth, well-preserved plant elements), potential impacts to paleontological resources would be minimized through compliance with federal and State laws that protect paleontological resources. Section 5097 of the Public Resources Code specifies procedures to be followed in the event of unexpected discovery of paleontological resources. Compliance with Section 5097 of the Public Resources Code would minimize the potential to impact paleontological resources directly and indirectly within the potential sites for rezoning that have a low paleontological sensitivity and low paleontological potential. Mitigation Measure (MM) GEO-6 requires a site-specific paleontological resources survey to determine potential paleontological impacts for the potential sites for rezoning. Should the survey identify that a site is underlain by older Quaternary deposits or any other soil with the potential to contain vertebrate fossils, MM GEO-6 requires paleontological monitoring of all proposed excavations. (Draft Program EIR, Page 3.6-33–34). The City finds that MM GEO-6 is feasible, is adopted, and will further reduce impacts to related to paleontological and unique geographic 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 paleontological resources would be less than significant with mitigation incorporated. 1.6.4 - Hazards and Hazardous Materials Impact HAZ-2: Development consistent with the Housing Element Update, rezonings, and General Plan and Specific Plan Amendments could create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment (Draft Program EIR, Page 3.8-29).