Reso PC15-01 PC Reso (3051 ) to Adopt Initial Study-Mitigated Negative Declaration - La Palma

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3.0 Environmental Impact Checklist 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 Game or the U.S.Fish and Wildlife Service? No Impact.There are no riparian habitats or other sensitive communities located on the project site. The project site is located in an urban setting and has been developed for residential uses for the past 50 to 60 years.The project's construction and the long-term occupancy of the homes would not impact any riparian habitat or other sensitive natural communities. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act(including,but not limited to,marsh,vernal pool,coastal,etc.) through direct removal,filling,hydrological interruption, or other means? No Impact. As a currently developed site for residential uses, there are no federally protected wetlands as defined by Section 404 of the Clean Water Act on the project site.The project's construction and the Iong-term occupancy of the homes would not result in any impacts to federally protected 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? Less-than-Significant Impact with Mitigation Incorporated. The project site is not part of an established wildlife movement corridor based on its location in an urbanized setting. The project site is adjacent to developed areas and roads and lacks the vegetative cover and other features characteristic of wildlife movement corridors, such as streambeds or woodlands. The project would involve the removal of 25 of the 35 existing trees on the project site. Tree removal can have direct impacts to migratory birds during construction and indirect impacts to migratory birds after construction due to loss of nesting trees and habitat. If the trees are removed during the nesting season and a tree removal destroys an active nest or harms a migratory bird, the project could violate the Migratory Bird Treaty Act and/or Fish and Game Code Sections 3503 and 3503.3.The following mitigation measure would be implemented prior to and during construction to reduce potentially significant impacts to migratory birds to less than significant levels. Mitigation Measure BIO-l: A qualified biologist,hired by the City but at the cost of the applicant,shall survey the project site to identify the presence of nesting birds prior to removal of onsite vegetation and trees and general construction, if the tree removal or project construction is to occur during the nesting season.If an active nest is found, an avoidance buffer shall be established by the qualified biologist based on the type of bird, existing noise disturbance, and other relevant factors.Monitoring of the nest by the qualified biologist shall be required during project construction. Construction, including tree removal, within the avoidance buffer shall be prohibited until the qualified biologist has determined that the nestlings have fledged and the nest is no longer active.The biologist shall have the authority to halt or divert construction if necessary to ensure compliance with state or federal regulatory laws. La Palma Subdivision Project Final Initial Study/Mitigated Negative Declaration 28