Reso PC16-06 0036 PC Reso Certifying EIR - Oracle Design Tech High School

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Facts in Support of Finding: These mitigation measures address a process to identify the species and its habitat, establish parameters to protect the species during construction, and re- establish an appropriate environment to foster the species after the project is completed. Impact: BIO-5: Construction activities associated with the proposed project could result in the loss of fertile eggs or nest abandonment from the mature trees on and adjacent to the site. Mitigation: BIO 5-1: Construction shall be scheduled to avoid the nesting season to the extent feasible. The nesting season for most birds, including most raptors in the San Francisco Bay area, extends from February 1 through August 31. BIO 5-2: If it is not possible to schedule demolition and construction between September and January, preconstruction surveys for nesting birds shall be completed by a qualified ornithologist to ensure that no nests shall be disturbed during project implementation. This survey shall be completed no more than 14 days prior to the initiation of construction activities during the early part of the breeding season (February 1 through April 30) and no more than 30 days prior to the initiation of these activities during the latter part of the breeding season (May 1 through August 31). During this survey, the ornithologist shall inspect all trees and other possible nesting habitats immediately adjacent to the construction areas for nests. If an active nest is found sufficiently close to work areas to be disturbed by construction, the ornithologist, in consultation with California Department of Fish and Wildlife, shall determine the extent of a construction-free buffer zone to be established around the nest, typically 250 feet, to ensure that raptor or migratory bird nests shall not be disturbed during project construction, until the birds are fledged. Finding: Implementation of Mitigation BIO-5.1 and 5.2 would reduce the project-related impact of temporary loss of fertile eggs or nest abandonment for the California Ridgeway rails during construction to a less than significant level. Facts in Support of Finding: These mitigation measures establish a process to reduce potential impacts of construction activities on nesting season, including avoidance or identification and protection. Impact: BIO-6: Due to the rarity of California Ridgeway rails, any loss of use of suitable habitat, impacts to breeding, or increase in predation of this species as a result of construction activities would be a significant impact. Mitigation: BIO-6.1: Prior to initiation of any construction activities, a qualified biologist shall teach a training session for all construction personnel. At a minimum, the training shall include descriptions of the California Ridgeway's rail, their habitats, the laws protecting them, the general measures that are being implemented to conserve these species as they relate to the project, and the boundaries within which the project may be accomplished. BIO-6.2: To avoid causing the abandonment of an active rail nest, activities adjacent to tidal marsh areas shall be avoided during the rail breeding season (from February 1 through August 31) unless protocol-level surveys are completed by a qualified biologist to determine rail locations and territories. If breeding rails ATTY/RES0.0036/PC RESO CERTIFYING EIR—ORACLE DESIGN TECH HIGH SCHOOL REV:04-29-16 VR Page 9 of 31