75B - PH ADOPT RESO FOR PR NO 15-6827

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L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 The proposed Project is not expected to impact the California horned lark because it has a low probability of occurrence in the BSA. During the breeding season, the California horned lark is the only subspecies of horned lark in nondesert Southern California; however, from September through April or early May, other subspecies visit the area. Like the Coopers hawk, impacts to the California horned lark would be mitigated by avoiding disruptions to nesting activity consistent with the Fish and Game Code. Mitigation Measure BIO-1, as identified above, includes specific requirements to conduct a preconstruction nesting bird survey if vegetation removal, construction, or grading activities are planned to occur within the nesting bird season (February 1 to September 30) consistent with CDFW requirements. Therefore, with implementation of Mitigation Measure BIO-1, potential impacts to the California horned lark would be less than significant. Special -Status Bat Species. The BSA contains potentially suitable habitat for seven special - status bat species. Two of these species are considered California Special Animals (the Yuma myotis and hoary bat), and the remaining five bat species are California Species of Special Concern (the pallid bat, western mastiff bat, southwestern yellow bat, pocketed free -tailed bat, and big free -tailed bat). "Species of Special Concern" is an administrative designation from the CDFW and carries no formal legal status. However, all bat species (regardless of listing status) and other nongame mammals are protected by California Fish and Game Code Section 4150, which states that all nongame mammals or parts thereof may not be taken or possessed except as provided otherwise in the code or in accordance with regulations adopted by the California Fish and Game Commission. Activities resulting in the mortality of nongame mammals (e.g., destruction of an occupied bat roost, resulting in the death of bats) or disturbance that results in the loss of a maternity colony of bats (including the death of young) may be considered a "take" by the CDFW. Furthermore, any structure occupied by a bat maternity colony of any species is considered a native wildlife nursery site that is essential to the viability of local populations.Many bats use crevices or hollow cavities in bridges and culverts as day roosts and/or the open spaces between bridge beams or girders for night roosting. Bat species that commonly use human -made structures for day and/or night roosting include the pallid bat and Yuma myotis. Other species that may use these types of roosts occasionally include the western mastiff bat, pocketed free -tailed bat, and big free -tailed bat, although the pocketed free -tailed bat and big free -tailed bat are more commonly found in rocky desert areas and are considered rare in California. Bats may also roost in trees situated in the vicinity of human -made structures. Although bat roosts in structures can be relatively easy to identify, tree roosts are more cryptic and require close examination. Some species of bats (e.g., the western yellow bat and hoary bat) day roost in the foliage of trees. Other bat species (e.g., the pallid bat) commonly day roost in crevices or cavities found in mature trees and snags. Within the BSA, suitable bat roosting habitat is present within the existing Fairview Street bridge, and suitable foraging habitat is present along the Santa Ana River. The Fairview Street bridge over the Santa Ana River is a concrete tee beam bridge. This type of bridge contains structural elements that are suitable for and commonly used by both day - and night -roosting bats. Crevice habitat suitable for day -roosting bats (including maternity 3-22 7 5(1i.5.Sr ND\Final ISMND\Fairview Street Bridge Final ISMND.d.C. (05/26/20)