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5.0 Environmental Analysis 5.2 Biological Resources
<br />Avion Project SEIR
<br />Page 5.2-9
<br />standards for the determination of impact and mitigation under the California Environmental
<br />Quality Act (CEQA). The guidelines are the baseline biological standards for processing
<br />Neighborhood Development Permits, Site Development Permits and Coastal Development Permits
<br />issued pursuant to the ESL.
<br />5.2.3.6 California Fish and Game Code and Migratory Bird Treaty
<br />Act
<br />Raptors (birds of prey) and active raptor nests, as well as most other bird nests, are protected by the
<br />California Fish and Game Code 3503.5, which states that it is “unlawful to take, possess, or destroy
<br />any birds of prey or to take, possess, or destroy the nest or eggs of any such bird” unless authorized.
<br />In addition, active nests of most bird species are protected during the breeding season under the
<br />federal Migratory Bird Treaty Act (MBTA).
<br />5.2.4 Issues 1, 2, and 3: Sensitive Biological Resources
<br />• Would the proposal result in substantial adverse impacts, either directly or through habitat
<br />modifications, to any species identified as a candidate, sensitive or special status species in
<br />the MSCP or other local or regional plans, policies or regulations, or by the CDFW or USFWS?
<br />• Would the proposal result in a substantial adverse impact on any Tier I, Tier II, Tier IIIA or
<br />Tier IIIB habitats as identified in the Biology Guidelines of the Land Development Code or
<br />other sensitive natural community identified in local or regional plans, policies, regulations
<br />or by the CDFW or USFWS?
<br />• Would the proposal result in a substantial adverse impact on wetlands (including, but not
<br />limited to, marsh, vernal pools, riparian areas, etc.) through direct removal, filling,
<br />hydrological interruption, or other means?
<br />5.2.4.1 Threshold(s)
<br />In accordance with the City’s Significance Determination Thresholds and LDC Biology Guidelines, the
<br />project would have a significant impact if it would:
<br />• Result in a substantial adverse impact, either directly or through habitat modifications, on
<br />any species identified as a candidate, sensitive, or special status species in the MSCP or
<br />other local or regional plans, policies or regulations, or by CDFW or USFWS;
<br />• Result in a substantial adverse impact on any Tier I habitats, Tier II habitats, Tier IIIA habitats,
<br />or Tier IIIB habitats as identified in the Biology Guidelines of the Land Development Manual
<br />or other sensitive natural community identified in local or regional plans, policies or
<br />regulations, or by CDFW or USFWS; and/or
<br />• Result in a substantial adverse impact on wetland (including, but not limited to, marsh,
<br />vernal pools, riparian areas, etc.) through direct removal, filling, hydrological interruption, or
<br />other means.
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