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EXHIBIT A <br />Resolution No. _____ Page 13 of 71 <br />Certification of the Magnolia at the Park EIR <br /> <br />8.2 Biological Resources <br /> <br />8.2.1 Movement of Fish or Wildlife <br /> <br />Threshold: Would the Project interfere substantially with the movement of any native resident or <br />migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or <br />impede the use of native wildlife nursery sites? <br /> <br />Finding: Less than significant impact with mitigation incorporated. (DEIR, pp. 4.3-3 through 4.3-4.) <br />Facts in Support of Findings: Section 4.3, Biological Resources, of the DEIR identified that the Project <br />could impede the use of native wildlife nursery sites. The 180 mature ornamental trees on the Project site <br />provide potentially suitable foraging and breeding habitat for nesting migratory birds and raptor species <br />associated with urban areas such as red-tailed hawk, red-shouldered hawk, and Cooper’s hawk. The <br />Project includes removal of many of the existing trees on the Project site that could disrupt nesting birds <br />and raptors if vegetation is removed or construction begins during the nesting season (February 1 to <br />August 31). Disruption of migratory nesting birds and raptors is prohibited by the Migratory Bird Treaty <br />Act (MBTA) and California Fish and Game Code. Therefore, Mitigation Measure BIO-1 is included to <br />require a nesting bird survey to be conducted by a qualified biologist within 3 days prior any disturbance <br />of the site during nesting season, including: vegetation removal, disking, demolition activities, and <br />grading. With implementation of Mitigation Measure BIO-1, potential impacts related to nesting birds and <br />raptors would be reduced to a less than significant level. <br /> <br />Mitigation Measure BIO-1: Construction plans and specifications shall state that vegetation clearing <br />during nesting season (February 1 through September 15) shall be avoided, if feasible. If avoidance of the <br />nesting season is not feasible, then a qualified biologist shall be required to conduct a nesting bird survey <br />within 3 days prior any disturbance of the site, including disking, demolition activities, and grading. If <br />active nests are identified, the biologist shall establish suitable buffers around nests at an appropriate <br />distance that is a minimum of 250 feet for raptors and 100 feet for non-raptors. The buffer areas shall be <br />avoided until the nests are no longer occupied, and the juvenile birds can survive independently from the <br />nests. <br /> <br />With the implementation of the mitigation measure identified above (MM-BIO-1), the Project’s impact <br />on Biological Resources would be less than significant. (DEIR, pp. 4.3-3 through 4.3-4.) <br /> <br />8.3 Hazards and Hazardous Materials <br /> <br />8.3.1 Accident Conditions Involving the Release of Hazardous Materials <br /> <br />Threshold: Would the Project create a significant hazard to the public or the environment through <br />reasonably foreseeable upset and accident conditions involving the release of hazardous material into the <br />environment? <br /> <br />Finding: Less than significant impact with mitigation incorporated. (DEIR, pp. 4.6-7 through 4.6-8.) <br />Facts in Support of Findings: Impacts related to hazards were evaluated in Section 4.6, Hazards and <br />Hazardous Materials, of the DEIR. As described, due to the existence of hazardous materials within on- <br />site soils, ground disturbing activity has the potential to result in the accidental release of hazardous <br />materials into the environment. The contaminated soils would need to be excavated and removed as <br />2-49