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7.A. - Page 23 c. The Downtown Precise Plan EIR (pp. I 5-14 and I S-I S) concluded that the potential for loss or disturbance of jurzsdictional wetlands or regulated waters existed only with DTPP facilitated development that is adjacent to Redwood Creek. The project site is located over 1,400 feet from where Redwood Creek daylights near Bradford Street and therefore no impact is anticipated. The proposed amendments are focused around the Depot Circle, Theatre Way, and the rail corridor and therefore do not have the potential to impact protected wetlands beyond those previously identified in the DTPP EIR. As a result, no new impacts are anticipated. d. The Downtown Precise Plan EIR (pp. I S-I S and I 5-16) concluded that the development occurring in conformance with the DTPP could impact nesting birds, representing a potentially significant impact. Mitigation I S-3 of the Downtown Precise Plan EIR requires that all tree removal and trimming take place outside of the breeding season or that a qualified biologist conduct a survey for nesting birds prior to tree removal or trimming. This measure, which shall be required as a condition of approval for the project, will reduce the potential impacts of the project on migratory wildlife to a less-than-significant level. The proposed amendments to the DTPP would not alter the need to implement this mitigation measure on future development proposals and therefore would not introduce and new circumstances that would result in a significant impact. e. The Downtown Precise Plan EIR (p. IS-16) concluded that development occurring in conformance with the DTPP could impact heritage trees as defined by the City's Tree Preservation Ordinance (Chapter 35 of the Municipal Code), resulting in a potentially significant impact. The proposed amendments to the DTPP do not alter this conclusion, nor do the amendments result in arry new conditions that would require further analysis. The proposedproject would require removal of about 20 street trees and 10 on-site trees. City staff has concluded that none of the affected trees meets the definition of a"heritage tree" under the City's Tree Preservation Ordinance. Therefore, no impact on heritage trees will occur. The project conceptual landscape plans and notes (Plan Sheets Ll.l, L1.2, and L2.2, 4/26/13) indicate 12 new London Plane street trees on the site perimeter along Middlefield/Winslow and ,Iefferson, plus 6 Canary Island Date Palms in the public plazas on Middlefield/Winslow. The landscape plans are subject to City review and approval. The proposed project is also subject to Chapter 29 of the Municipal Code, which regulates street trees (including their removal) within public rights of way. f. The amendments and project will not conflict with arry applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an adverse effect on vegetation or wildlife; nor will they conflict with an adopted habitat conservation plan. No such plans or regulations apply to the project site. Summary of Impacts Potentially Less than Significant Less than Significant With Mitigation Significant No Im act Incor orated Im act Im act V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a historical resource X as defined in CEQA Guidelines § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological X resource as defined in CEQA Guidelines § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or X unique geologic feature? d) Eliminate important examples of the major periods of California history or X prehistory? e) Disturb any human remains, including those interred outside of formal X cemeteries? Documentation a. The DTPP (Appendix 1) identifies 47 historic resources and one designated historic district within the DTPP area. The DTPP EIR (Chapter 7, Cultural and Historic Resources) concluded that there were potential impacts to these resources only for project sites located on or directly adjacent to a historic resource, or within or directly adjacent to a historic district. Consistent with EIR Chapter 7, the DTPP specifies standards, guidelines, and mitigations for historic resources identified in the DTPP. The project site is located in the DTPP Non-Historic Mitigation Group 5 (Historic Character) (DTPP Section 2.1, Historic Resource Preservation Regulations) because the following DTPP- 14