Reso13 PC 13-09 2859 Initial Study Mitigated Negative Declaration Kensington

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4.4.2.2 Raptor Impacts Approximately one-third of the site is currently undeveloped and occupied by trees. There is also a strand of trees along the southern properry line and a few trees and shrubs around the existing buildings. While there is higher quality habitat in numerous nearby parks and at Bair Island,which is approximately 22 miles northeast of the project site,the trees on-site and on the adjacent properties could provide nesting habitat and the undeveloped portion of the site could provide foraging habitat. Nesting raptors are among the species protected under provisions of the Migratory Bird Treaty Act and California Department of Fish and Wildlife(CDFW) Code Sections 3503, 3503.5, and 2800. As stated above,raptors (such as falcons,hawks, eagles, and owls) and other migratory birds may utilize the large trees on-site or adjacent to the site for foraging or nesting. Construction disturbance near raptor nests can result in the incidental loss of fertile eggs or nestlings, or otherwise lead to nest abandonment. Disturbance that causes abandonment and/or loss of reproductive effort is considered a taking by the CDFW. Any loss of fertile eggs,nesting raptors, or any activities resulting in nest abandonment would constitute a significant impact. The loss of mature trees on-site would result in nesting raptors having to relocate to another site. Relocation of mature raptors or migratory birds outside the breeding season would not,by itself,be significant. Impact BIO-l: Construction activities associated with the proposed project could result in the loss of fertile eggs,nesting raptors or other migratory birds, or nest abandonment. (Significant Impact) Mitigation and Avoidance Measures The following mitigation measures will be implemented during construction to avoid abandonment of raptor and other protected migratory birds nests: MM BIO 1-l: 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 through August. MM BIO 1-2: If it is not feasible to schedule demolition and construction between September and January,pre-construction surveys for nesting birds shall be completed by a qualified ornithologist to ensure that no nests will 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 through April) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May through August). During this survey,the ornithologist will 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 (as determined by the ornithologist),the ornithologist,in consultation with CDFW,will determine the extent of a construction-free buffer zone to be established around the nest, Kensington Assisted Living Facility Project 29 Initial Study Redwood City Apri12013