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

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Substantial Adverse Effect on Wetlands The Certified EIR stated that the Overlay Zone is not in proximity to, nor does it contain, wetland habitat or a blueline stream. Therefore, development within the Overlay Zone would have no impact on federally protected wetlands, as defined by Section 404 of the Clean Water Act. Substantially Interfere with Migratory Movement The Certified EIR stated that development within the Overlay Zone would not substantially interfere with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites. The Overlay Zone and surrounding areas are completely developed and/or disturbed. The Overlay Zone is surrounded by urban uses on all four sides, including two highways, and, therefore, does not function as a wildlife movement corridor. There is no impact. Conflict with Tree Preservation Ordinance The Certified EIR stated that the City recognizes that it is located in an urban setting and has tailored the goals of its conservation element accordingly. To obtain its goals, the City has established objectives that focus on the preservation of open space and cultural resources and protecting the public's health and welfare. The Overlay Zone does not contain cultural resources, nor is it zoned open space, and as such, the Overlay Zone does not conflict with any local policies or ordinances protecting biological resources. The City's conservation element encourages establishment of mixed -use districts, and the overall visual enhancement of the City, both of which will occur within the Overlay Zone. There is no impact. Conflict with Habitat Conservation Plan/Natural Community Conservation Plan The Orange County Natural Community Conservation Plan and Habitat Conservation Plan (NCCP/NCP) can be met through observing previously established laws and regulations (i.e., the Federal Endangered Species Act and the California Endangered Species Act). If a take is unavoidable, then the payment of mitigation fees will be made to the proper non-profit organization. There is no impact. Mitigation Measures MM-OZ 4.3-1 To ensure that avian species of concern, protected migratory species (e.g., MBTA), or raptors species are not injured or disturbed by construction in the vicinity of nesting habitat, the project applicant shall implement the following measures: 1. When feasible, all tree removal shall occur between August 30 and February 15 to avoid the breeding season of any raptor species that could be using the area, and to discourage hawks from nesting in the vicinity of an upcoming construction area. This period may be modified Cabrillo Town Center City of Santa Ana Technical Memorandum August 2023 City Council 18 — 520 10/3/2023