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EXHIBIT A 9.17.3 Biological Resources The Project site is developed and located within an urban area of the City. The site provides limited areas for natural habitat and wildlife species; but does include mature trees that could be used by birds that are protected by the Migratory Bird Treaty Act (MBTA) for nesting. Thus, implementation of Mitigation Measure BIO -1 would provide for nesting bird surveys that would reduce the potential of the Proposed Project to impact nesting migratory birds or raptors, which would also avoid the potential of the Project to contribute to cumulative effects. As detailed in the DEIR, the Project would result in less than significant impacts to all other candidate, sensitive, or special status species. Therefore, therefore with Mitigation Measure BIO -1, the proposed Project would not contribute to cumulative impacts that could potentially occur from other development projects. For these reasons detailed in the DEIR, the Project's cumulative effects on biological resources would not be cumulatively considerable when considered with past, current, and future probable projects. (DEIR, pp. 4.3-5.) 9.17.4 Cultural Resources As detailed in DEIR Section 4.4, Cultural/Historic Resources, due to the existing built environment, location of the Santa Ana Register of Historic Properties of properties in Park Santiago, and the existing viewsheds, impacts related to the setting and feeling aspects of integrity of historic properties would not be reduced by implementation of the proposed Project; and the Project would not materially alter any physical characteristics of a historic resource that convey its historical significance. Therefore, the Project would not contribute to cumulative impacts that could potentially occur from other development projects throughout the region, and a cumulatively considerable impact would not occur. For these reasons detailed in the DEIR, the Project's cumulative effects on cultural resources would not be cumulatively considerable when considered with past, current, and future probable projects. (DEIR, pp. 4.4-15.) 9.17.5 Geology, Soils and Seismicity Geologic and soils related impacts occur in a local or site-specific context, such as immediately adjacent cumulative development. Thus, the scope of analysis for cumulative impacts associated with geology and soils encompasses the Project vicinity. The closest cumulative project is the 2700 North Main Street residential development that is located 0.2 miles north of the Project site. The Project would be required to comply with CBC building codes, which reduces impacts to a less than significant level. All other projects are also subject to the same CBC building codes to reduce potential effects related to seismic events. As a result, cumulative impacts related to geology and soils would be less than significant. Also, as discussed in the Initial Study, the Project is not located on a site with potential for significant effects related to geology, soils, or seismicity. (Initial Study, pp. 29-33.) Accordingly, the Project will not have cumulative effects on geology, soils, and seismicity, even when considered with past, current, and future probable projects. Resolution No. _ Certification of the Magnolia at the Park EIR 75E-90 Page 52 of 71