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EXHIBIT A 9.4.3 Wetlands Threshold: Would the Project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Finding: No Impact. (DEIR, p. 2-5; Initial Study, p. 24.) Facts in Support of Finding: Wetlands are defined under the federal Clean Water Act as land that is flooded or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that normally does support, a prevalence of vegetation adapted to life in saturated soils. Wetlands include areas such as swamps, marshes, and bogs. The Project area is developed and does not contain natural wetlands. While Santiago Creek is located approximately 130 feet to the north of the Project site, the creek area is separated from the Project site by a roadway within Santiago Park, and the Project would not extend into the park area. Therefore, the Project would not result in impacts to wetlands. (Initial Study, p. 24.) 9.4.4 Local Policies and Ordinances Protecting Biological Resources Threshold: Would the Project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Finding: No Impact. (DEIR, p. 2-5; Initial Study, p. 24) Facts in Support of Finding: The Project would not conflict with any local policies or ordinances protecting biological resources. Trees in the public right-of-way in Santa Ana are protected under Chapter 33, Article VII of the Municipal Code, which regulates the planting, maintenance, and removal of trees in public locations in Santa Ana. The Project would not remove any existing healthy street trees, and the additional street trees installed by the Project would be planted in compliance with the Municipal Code regulations. Moreover, the existing ornamental trees on the Project site are on private property and are not subject to the Municipal Code regulation. Therefore, implementation of the Project would not conflict with local polices or ordinances protecting trees and no impact would occur. (Initial Study, p. 24) 9.4.5 Adopted Habitat Conservation Plans Threshold: Would the Project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Finding: No Impact. (DEIR, p. 2-5; Initial Study, p. 25) Facts in Support of Finding: The Project site does not contain any lands that are subject to an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Therefore, the Project would not result in impacts to biological habitat plans. Resolution No. Certification of the Magnolia at the Park EIR 75E-62 Page 24 of 71