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

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EXHIBIT A Resolution No. _____ Page 15 of 76 Certification of the Magnolia at the Park EIR mitigation would reduce impacts to a less than significant level and the Modified Project would constitute growth that is consistent with the AQMP. In addition, because the Modified Project is 48 percent smaller than the Original Project, it would result in fewer stationary source and vehicular related emissions. 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. (Final EIR, Clarifications to the Final EIR, Section 3.2.) 8.2 Biological Resources 8.2.1 Movement of Fish or Wildlife Threshold: Would the Project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Finding: Less than significant impact with mitigation incorporated. (DEIR, pp. 4.3-3 through 4.3-4.) Facts in Support of Findings: Section 4.3, Biological Resources, of the DEIR identified that the Project could impede the use of native wildlife nursery sites. The 180 mature ornamental trees on the Project site provide potentially suitable foraging and breeding habitat for nesting migratory birds and raptor species associated with urban areas such as red-tailed hawk, red-shouldered hawk, and Cooper’s hawk. The Project includes removal of many of the existing trees on the Project site that 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 is 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, including: vegetation removal, disking, demolition activities, and grading. With implementation of Mitigation Measure BIO-1, potential impacts related to nesting birds and raptors would be reduced to a less than significant level. 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. With the implementation of the mitigation measure identified above (MM-BIO-1), the Project’s impact on Biological Resources would be less than significant. (DEIR, pp. 4.3-3 through 4.3-4.) 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. Because the Modified Project increases the distance of the building footprint from nesting sites in the existing trees and 2-45