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• No endangered, rare, threatened, or special status plant species (or associated <br />habitats) or wildlife species designated by the USFWS, CDFG, or CNPS are known to <br />occur or expected to occur within the Transit Zoning Code (SD 84A and SD 84B) area. <br />(DEIR Section 4.3.3: Effects Found to Have No Impact) <br />• No riparian habitat or other sensitive natural communities are located in these areas. <br />(DEIR Section 4.3.3: Effects Found to Have No Impact) <br />• The Transit Zoning Code (SD 84A and SD 84B) area is not in proximity to, nor does it <br />contain, wetland habitat or a blueline stream. (DEIR Section 4.3.3: Effects Found to <br />Have No Impact) <br />• The Transit Zoning Code (SD 84A and SD 84B) is surrounded by urban uses on all four <br />sides, including two highways, and, therefore, does not function as a wildlife movement <br />corridor. (DEIR Section 4.3.3: Effects Found to Have No Imoact) <br />• Implementation of the project would not conflict with any local policies or ordinances <br />protecting biological resources. (DEIR Section 4.3.3: Effects Found to Have No Impact) <br />• No conflict with an adopted habitat conservation plan, Orange County NCCP/HCP or <br />other local, regional, or state habitat conservation plan would occur, and there would be <br />no impact. (DEIR Section 4.3.3: Effects Found to Have No Impact) <br />• Long-term cumulative development occurring pursuant to the Transit Zoning Code <br />would not result in a potential reduction in nesting opportunities for resident and <br />migratory avian species of special concern. (Impact 4.3-1: Less Than Significant without <br />mitigation) <br />TZC EIR Mitigation Measures <br />MM4.3-1 To ensure that avian species of concern, protected migratory species (e.g., MBTA), or <br />raptors species are not injured or disturbed by construction in the vicinity of nesting habitat, the <br />project applicant shall implement the following measures: <br />1. Tree removal shall be restricted to the period between August 30 and February 15, to <br />the extent feasible, to avoid the breeding season of any migratory species that could be <br />using the area, and to discourage nesting in the vicinity of an upcoming construction <br />area. If it is not feasible to remove trees outside this window then, prior to the beginning <br />of mass grading, including grading for major infrastructure improvements, during the <br />period between February 15 and August 30, all trees within 250 feet of any grading or <br />earthmoving activity shall be surveyed for active nests by a qualified biologist no more <br />than 30 days prior to disturbance. If active nests are found, and the site is within 250 <br />feet of potential construction activity, a temporary fence shall be erected, where <br />appropriate, around the tree(s) at a distance of up to 250 feet, depending on the <br />species, from the edge of the canopy to prevent construction disturbance and intrusions <br />on the nest area. The appropriate buffer shall be determined in consultation with the City <br />of Santa Ana Park Naturalist or a designee. <br />2. No construction vehicles shall be permitted within restricted areas (i.e., protection <br />zones), unless directly related to the management or protection of the legally protected <br />species. <br />3. If a legally protected species nest is located in a tree designated for removal, the <br />removal shall be deferred until after August 30, or until the adults and young of the year <br />are no longer dependent on the nest site as determined by a qualified biologist. (Impact <br />4.3-1) <br />Project Analysis and Conclusion <br />January 2025 25 Environmental Analysis <br />