Item 41 - Amendment Application No. 2022-01 and Appeal Nos. 2022-01 and 2022-02

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Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Summary of Impacts Identified in the GPU EIR The Final Recirculated GPU EIR addressed biological resource impacts on pages 5.3-17 through 5.3-22. The GPU EIR describes that the parcels within the 55 Freeway/Dyer Road focus area, which includes the Project stie, have a land use designation of Professional and Administrative Office that would change to Industrial/Flex under the GPU. The vegetation community observed within these parcels is classified as "ruderal", which is not native nor considered to be a sensitive vegetation community. Since the existing vegetation communities are not sensitive and non-native, the GPU EIR determined that no impact would occur. The GPU EIR also determined that Development pursuant to the GPU would not impact riparian habitat or other sensitive natural communities. Additionally, the GPU would not impact wetlands and jurisdictional waterways. However, the GPU EIR includes mitigation that requires biological review of project sites that include vegetated land or streams. The GPU would not conflict with an adopted NCCP/HCP as the City is not within a NCCP/HCP area and would not conflict with local policies or ordinances protecting biological resources. The EIR also describes that impacts from buildout of the GPU to nesting sites and migratory birds would be less than significance with compliance with the Migratory Bird Treaty Act as well as state law. Impacts Associated with the Proposed Project a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? No New Impact. The Project site is fully developed with office buildings and associated uses. Additionally, the Project site is not identified within an area of special -status wildlife species. The Biological Assessment (Appendix B) describes that there are no native habitats on the Project site and no wetlands or waters of the U.S., RWQCB, or CDFW exist onsite. No special -status plant or wildlife species were identified and there is no potential for special -status species to occur onsite due to the lack of native habitat, lack of aquatic features, and the high level of development on -site and in the surrounding area. Therefore, the Project would result in no new impacts on any species identified as a candidate, sensitive, or special status species. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? No New Impact. As discussed above, the Project site is fully developed with urban uses. The Biological Assessment (Appendix B) describes that there are no native habitats on the Project site and no riparian habitat exist onsite or in the surrounding area. Therefore, the Project would result in no new impacts to riparian habitat or other sensitive natural community. c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No New Impact. As discussed above, the Project site is fully developed and does not include wetlands. Therefore, the Project would result in no new impacts to wetlands. d) 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? No New Impact. As discussed above, the Project site is fully developed with three office buildings and the site is surrounded by urban development, including a freeway and commercial and light industrial development. The Project site does not contain established native resident or migratory wildlife corridors and is not used as a native wildlife nursery site. The Project site includes ornamental trees that would be 44