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City of Pleasanton—Merritt Property Project <br />15183 Consistency Checklist Consistency Checklist <br /> <br /> <br /> 57 <br />Indirect impacts to special-status plant species could include habitat <br />degradation because of impacts to water quantity and quality. Subsequent <br />development consistent with the Housing Element Update could result in <br />indirect/indirect loss or indirect disturbance of special-status plant or animal <br />species or their habitats. <br />The General Plan includes policies and programs specifically designed to <br />address potential impacts on special-status species. Additionally, special- <br />status species receive protection from various federal and State laws and <br />regulations, including the federal Endangered Species Act and California <br />Endangered Species Act (CESA). <br />The United States Fish and Wildlife Service (USFWS) generally requires a permit <br />under Section 10 of the Endangered Species Act for incidental take of <br />federally listed species from development activities. The California <br />Department of Fish and Wildlife (CDFW) generally requires a CESA Section <br />2081(b) permit for incidental take of State-listed species from development <br />activities. Compliance with the federal and State endangered species acts, <br />as well as implementation of the General Plan and specific plan goals, <br />policies, and programs discussed previously would reduce potential direct <br />and indirect impacts on special-status species within the rezoned housing <br />sites. Nonetheless, the potential for impacts to special-status species, <br />migratory birds, or nesting birds remains potentially significant, requiring <br />implementation of MM BIO-1, which requires a qualified Biologist to prepare a <br />project-specific Biological Resources Analysis (BRA) prior to the issuance of <br />grading permits. <br />The Housing Element Update FEIR concluded that with regulatory <br />compliance and implementation of MM BIO-1, development consistent with <br />the Housing Element Update would not result in significant adverse effects to <br />special-status species and impacts would be less than significant. <br />Proposed Project Analysis and Conclusion <br />The proposed project would develop Site 22 (Merritt) of the Housing Element <br />Update FEIR. The project site, Site 22 (Merritt), is one of the sites within the City <br />of Pleasanton Planning Area (Planning Area), which includes the land within <br />the city limits, SOI, and Urban Growth Boundary (UGB), that is currently not <br />built out. This section and its analysis are based on a Biological Resources <br />Analysis Report, prepared in November 2023, by Olberding Environmental, <br />Inc. (Olberding Environmental). The BRA and other supporting reports can be <br />found in Appendix C – Biological Resources Supporting Information.