2014-060 - Adopting Findings Pursuant to the California Environmental Quality Act

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SexlingerFarmhouse and Orchard Resldentlal Development Project CEQA Findings Impact: Would the project interfere substantially with the movement of any native 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, With Mitigation Incorporated, (EIR, p. 5 -18 through 5- 20.) Analysis: Nesting and migratory birds, raptors, and bats may find marginal habitat within the project site, and construction activities may impact them, Therefore, this impact is considered potentially significant. However, with implementation of the following mitigation measures, this impact will be reduced to less than significant: 111I0-1: In order to comply with the Migratory Bird Treaty Act and relevant sections of the California Fish and Game Code (e.g., 3500 et seq.), any vegetation clearing should take place outside of the typical avian nesting season (i.e., February 15 — August 31), to the maximum extent practical, If this is not possible, prior to ground disturbing activities a qualified biologist should conduct a pre - construction nesting bird survey. If active nests are observed, a minimum buffer zone from occupied nests is recommended to the maximum extent practicable, Once nesting has ended, the buffer may be removed. BIO -2: Limits of grading and construction activities within the biological study area should be clearly delineated with temporary stalling, flagging, or similar materials. BI0-3: The project footprint should be minimized to the maximum extent feasible and access to it should be via pre - existing/maintained access routes to the greatest extent possible. BIO -4: To avoid attracting predators and nuisance species, the project footprint shall be clear of debris, where possible.. All food related trash items should be enclosed in sealed containers and regularly removed from the project footprint. The incorporation of those mitigation measures will ensure that any existing nests of migratory birds are found and protected prior to commencement of construction. Delineation of grading and construction activity areas will further ensure that undiscovered nests are not disturbed. (EIR, pp. 5 -19, 5 -20.) Further, some orange trees located on the site will be preserved in place, and any trees removed as a result of them being dead or dying will be replaced to fill in the orchard area on Lot 1. This will reduce the amount of ground disturbed by project construction, and further reduce impacts to habitat and species to less than significant and maintain nesting opportunities. Given that the original project proposal analyzed in the Draft EIR included development of 24 new single family residences, and the project as approved will include development of only 22 new single family residences, it stands to reason that with the reduced intensity of the project, impacts will still be less than significant with mitigation incorporated. (January 2014 EIR Attachment, p. 4.) D. CULTURAL RESOURCES 25 "Exhibit A"