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46 The Commercial Component site is located adjacent (west) of a parcel that contains an underground segment of Redwood Creek where it travels underneath the existing Sequoia Station parking lot, with some intervening development between the Commercial Component site and the creek. As described above in item 8, Description of Project, a portion of the C component site is occupied by Little River Park. Little River Park contains an earthen channel that is likely an unnamed tributary to the historical Arroyo Ojo de Agua. The onsite earthen channel flows from the project component site into an underground storm drain and joins with Arroyo Ojo de Agua, then flows into the Redwood Creek deepwater port then to San Francisco Bay. As discussed in more detail below and in subsection b., the DTPP Plan-Wide Amendments program SEIR indicated the potential future alterations of Arroyo Ojo (a tributary of Redwood Creek), as part of 901 El Camino Real (Commercial Component), would take place within degraded habitat. The SEIR concluded that nevertheless, the potential existed for effects on special-status species but Mitigation Measure BIO-1a would reduce potential impacts on special-status plant or wildlife species to a less-than-significant level. . According to the on-site habitat mitigation and monitoring plan (MMP) prepared by H. T. Harvey & Associates for the Commercial Component (“901 El Camino Real Project, On-Site Habitat Mitigation and Monitoring Plan,” May 14, 2024), no special-status plant species were observed and none are expected to occur on the project component site (H.T. Harvey & Associated, p. 7). While a number of special-status animal species are known to occur (or to have occurred historically) in the project region, the site does not provide suitable habitat for any special-status wildlife species based on a survey conducted by H. T. Harvey’s wildlife ecologist on December 17, 2021. The Commercial Component site is unsuitable for special-status wildlife due to the dense urban surroundings in the site vicinity combined with the absence of specific habitat features favored by special-status animal species known to occur in the region. Because the Commercial Component-specific MMP concluded no special-status plant and wildlife species exist or are expected to occur on the subject site, the requirements of Mitigation Measure BIO-1a to consult with federal and State wildlife agencies to determine if it would result in a “take” of a federal or State-protected species does not apply to the Commercial component, and no further mitigation is required. The DTPP Final EIR found that grading and construction activities associated with development could impact nesting birds, both in sensitive habitats or in trees or shrubs, which would be a potentially significant impact. Mitigation Measure 15-3 from the DTPP Final EIR would require tree removal, trimming, and ground disturbance to occur outside of nesting season (February 15 to August 31), or a nesting survey by a qualified biologist three days prior to such activity, with buffers placed around active nests in coordination with CDFW, and sufficient to address impacts on nesting birds. The DTPP Plan-Wide Amendments program SEIR concurred with the DTPP program EIR conclusion and identified Mitigation Measure BIO-1b (formerly Mitigation Measure 15-3 from the DTPP Final EIR with clarifying amendments) as sufficient to reduce impacts on nesting birds from tree removal associated with construction and demolition activities that could occur within the amended DTPP area to a less-than-significant level. The Commercial Component includes tree removal and ground disturbing activities. A survey conducted by H. T. Harvey’s wildlife ecologist on December 17, 2021 indicated no existing nests of raptors (e.g., hawks, owls, and falcons) were observed within the site or within a surrounding buffer of 300 feet, and only small numbers of other nesting birds are expected to be present on or adjacent to the site; however, Mitigation Measure BIO-1b as described above would require tree removal, trimming, and ground disturbance to occur outside of nesting season (February 15 to August 31), or a nesting survey by a qualified biologist three days prior to such activity. The project component is required to implement Plan-Wide Amendments program SEIR Mitigation Measure BIO-1b as a condition of approval and would result in a less than significant impact with respect to nesting migratory birds. For the reasons above, the 901 El Camino Real Commercial Component would not result in significant impacts that were not identified in the EIR/SEIR and no additional mitigation measures would be required. Therefore, Commercial Component would be consistent with the analysis within the EIR/SEIR because it would not create impacts or increase impacts, and there is no new information of substantial importance for CEQA purposes. b. The DTPP Final EIR found that future individual development projects on parcels adjoining Redwood Creek or any City-initiated creekside improvements could affect sensitive coastal salt marsh habitat, which would be a potentially significant impact. DTPP Final EIR Mitigation Measure 15-1(b) was identified to reduce impacts on sensitive natural communities to a less-than-significant level by maintenance of setbacks from Redwood Creek, erosion control methods, and management of stormwater pollution. In addition, for permanent impacts to waterways, wetlands, or riparian habitat, DTPP Final EIR Mitigation Measure 15-2 requires implementation of all permit conditions applied by CDFW or other regulatory agencies for culverting of the waterway. The DTPP Plan-Wide Amendments program SEIR concurred with the DTPP program EIR conclusion and identified Mitigation Measures BIO-2a and 2b (formerly ATTY/RESO.0031/CC RESO CEQA GUIDELINES (901 EL CAMINO REAL) REV: 04-22-25 VR Page 46 of 148