Item 18 - Appeal Application Nos. 2023-02 and 2023-03 for Cabrillo Town Center project

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Any Substantially Changed Any Substantial Circumstances Changes Involving Involving New New Significant Significant Impact Any New Project Impact Impacts or or Substantially Information of Incorporates Issues (and supporting Determination Substantially More More Severe Substantial Mitigation Information Sources) in EIR Severe Impacts? Impacts? Importance? Measure(s)? Conservation Man, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 4.4.1 Impact Determination in the EIR Substantial Adverse Effect on Special Status Species The Certified EIR stated that no endangered, rare, threatened, or special status plant species (or associated habitats) or wildlife species designated by the USFWS, CDFG, or CNPS are known to occur or were found within the Overlay Zone area. Therefore, there are no impacts to special - status species associated with implementation of the Overlay Zone, either directly or indirectly. However, migratory avian species that may use portions of the Overlay Zone for nesting during the breeding season are protected under the MBTA. Construction- related activities, that may include, but are not necessarily limited to, building demolition and/or relocation, grading, materials laydown, access and infrastructure improvements, and building construction, could result in the disturbance of nesting migratory species covered under the MBTA. The most identifiable potential direct impact to migratory species would involve the removal of vegetation (esp. trees) within the Overlay Zone. Although no identifiable habitats exist within the Overlay Zone, this does not preclude the presence of migratory species nesting among the existing landscape vegetation. At this time, the precise number of trees that would be removed or the number of trees that could be indirectly impacted by construction activities, are not known. However, as mentioned above, the MBTA provides for the protection of migratory birds, including the non -permitted take of migratory birds. Implementation of Mitigation Measure MM-OZ 4.3-1 would reduce this potentially significant impact to a less than significant level by ensuring that surveys for MBTA species are performed during the appropriate time of year and, if necessary, construction buffer zones are established to protect nesting MBTA species. Substantial Adverse Effect on Riparian Habitat or Sensitive Community The Certified EIR stated that the Overlay Zone and surrounding areas are completely developed and/or disturbed. No riparian habitat or other sensitive natural communities are located in these areas. Therefore, no impacts to riparian habitat or other sensitive natural communities would occur. Cabrillo Town Center City of Santa Ana Technical Memorandum August 2023 City Council 18 — 519 10/3/2023