2 - EIR18-01; DA18-01; GPA18-06; AA18-10_2525 N MAIN STREET

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existing trees on the site could disrupt nesting birds and raptors if vegetation is removed or construction begins during the nesting season (February 1 to August 31). Disruption of migratory nesting birds and raptors is prohibited by the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code. Therefore, Mitigation Measure BIO-1 was included to require a nesting bird survey to be conducted by a qualified biologist within 3 days prior any disturbance of the site during nesting season to ensure that impacts would not occur. In addition, the EIR describes that 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. Any street trees installed or removed are required to be in compliance with the Municipal Code regulations, which would be regulated as part of the City’s project permitting procedures. Therefore, the EIR determined that implementation of the Original Project would not conflict with local polices or ordinances protecting trees. Comparison of Impacts Associated with the Proposed Modified Project Consistent with the Original Project, the Modified Project would include removal of many of the existing trees that could disrupt nesting birds and raptors if vegetation is removed or construction begins during the nesting season. However, the Modified Project would be required to implement Mitigation Measure BIO-1 to ensure that impacts to nesting birds would not occur. In addition, any street trees installed or removed by the Modified Project would also be required to be in compliance with the Municipal Code regulations. Therefore, no new or greater impacts related to biological resources would occur from implementation of the Modified Project. Conclusion for Biological Resources Consistent with the determinations of the EIR, the Modified Project would avoid potential impacts through implementation of Mitigation Measure BIO-1 and compliance with the City’s Municipal Code. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15088.5 that would trigger the need to prepare a recirculated EIR or other environmental document exist. The Modified Project would not result in either a new significant environmental impact or a substantial increase in the severity of a previously identified impact. EIR Mitigation Measure Mitigation Measure BIO-1: Construction plans and specifications shall state that vegetation clearing during nesting season (February 1 through September 15) shall be avoided, if feasible. If avoidance of the nesting season is not feasible, then a qualified biologist shall be required to conduct a nesting bird survey within 3 days prior any disturbance of the site, including disking, demolition activities, and grading. If active nests are identified, the biologist shall establish suitable buffers around nests at an appropriate distance that is a minimum of 250 feet for raptors and 100 feet for non-raptors. The buffer areas shall be avoided until the nests are no longer occupied, and the juvenile birds can survive independently from the nests. 3.4 Cultural/Historic Resources Summary of Impacts Identified in the EIR As described in DEIR Section 4.4, Cultural/Historic Resources, the Original Project would not impact any historic resources. The EIR describes the viewsheds of the properties listed on the Santa Ana Register of Historic Properties near the Project site as already significantly affected by urban and modern structures that are taller than the Original Project’s tallest structure. As a result, the setting has changed and no longer provides an aesthetic sense of a particular period of history. The EIR also describes that tall trees throughout Park Santiago screen views toward the Project site, and that many of the Santa Ana Register of Historic Properties in Park Santiago are not within the viewshed of the Project site. Overall, as detailed in the EIR, due to the existing built environment, location of the Santa Ana Register of Historic Properties, and the existing viewsheds, the integrity of the historic setting and feeling aspects of properties in Park Santiago would not be reduced by implementation of the Original Project. Accordingly, the EIR 2-151