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Effects of Mitioation. <br />• The Environmentally Superior Project's potential impacts related to the loss of <br />burrowing owl and its habitat will be mitigated to less than significant levels <br />through the implementation of apre-construction burrowing owl survey 30 days <br />before site grading begins and the avoidance of all surveyed, active owl burrows <br />to the extent practical. If avoidance is impractical, the creation and preservation <br />of burrowing owl habitat at on- and/or off-site locations will be implemented. <br />Mitigation habitat must be in kind to the lost habitat, with no net loss of function, <br />and created at a location approved by the California Department of Fish and <br />Game. <br />• This condition shall cover the development and/or the individual building sites. <br />(ii) Remaining Impacts. <br />Any remaining impacts related to impacts to burrowing owl habitat will be less than <br />significant. <br />6. Loss of Alameda Whipsnake (DEIR, pp. 107, 117 and 359/360; FEIR, <br />Responses fo Comments, Response N-2; Condition 9d of PUD-33; MMIP D6). <br />a. Potentiallmpact. <br />The Original Project's potential impacts on Alameda whipsnake due to construction <br />activities are discussed in the DEIR at page 107 and the Environmentally Superior <br />Project's impacts are discussed at page 360. <br />b. Mitioation Measures. <br />The following mitigation measure is hereby adopted and will be implemented as <br />provided for in the Mitigation Monitoring and Implementation Program: <br />• Implement Oak Grove Planned Unit Development (PUD-33) Mitigation Measure <br />D6. <br />c. Findings. <br />Based on the EIR and the entire record before the City, the City finds that: <br />(i) Effects of Mitigation. <br />To protect Alameda whipsnake populations from possible impacts during construction of <br />the Environmentally Superior project through direct mortality, the project developer shall <br />install silt-control fencing between the possible whipsnake habitat areas and <br />construction zones where determined by a licensed biologist. The Environmentally <br />Superior Project, as conditioned, includes the requirement that a biologist shall prepare <br />Page 19 of 43 <br />