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

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with the authorization of the DFG; or if it is not feasible to remove trees outside this window then, prior to the beginning of mass grading, including grading for major infrastructure improvements, during the period between February 15 and August 30, all trees within 350 feet of any grading or earthmoving activity shall be surveyed for active raptor nests by a qualified biologist no more than 30 days prior to disturbance. If active raptor nests are found, and the site is within 350 feet of potential construction activity, a fence shall be erected around the tree(s) at a distance of up to 350 feet, depending on the species, from the edge of the canopy to prevent construction disturbance and intrusions on the nest area. The appropriate buffer shall be determined by the City in consultation with CDFG. 2. No construction vehicles shall be permitted within restricted areas (i.e., raptor protection zones), unless directly related to the management or protection of the legally protected species. 3. In the event that a nest is abandoned, despite efforts to minimize disturbance, and if the nestlings are still alive, the developer shall contact CDFG and subject to CDFG approval, fund the recovery and hacking (controlled release of captive reared young) of the nestling(s). 4. If a legally protected species nest is located in a tree designated for removal, the removal shall be deferred until after August 30th, or until the adults and young of the year are no longer dependent on the nest site as determined by a qualified biologist. 4.4.2 Does the Project propose changes that would result in new significant impacts or substantial increase in the severity of significant impacts that will require major revisions of the Certified EIR? The Project includes the demolition and removal of all existing improvements from the Project Site and development of the site with a mixed -use development including up to 507 residential dwelling units, approximately 26,800 square feet of commercial uses, and associated parking, utility infrastructure, landscaping, and open space, all of which is allowed under the Overlay Zone, and is consistent with the Overlay Zone standards. The Project does not include any development that would extend beyond the building envelope considered in the Certified EIR, and no changes are proposed to the Overlay Zone to accommodate the Project. The Project would not remove any trees identified on the City's list of Designated Tree Species." The Project would incorporate MM-OZ 4.3-1 identified in the Certified EIR to minimize impacts related to migratory/nesting species, and accordingly, would not result in any new or increased significant biological impacts beyond those already identified in the Certified EIR. >> City of Santa Ana Designated Tree Species Materis, https://storage.googleapis. com/proudcity/santaanaca/uploads/2022/03/Designated-Tree-Species- Guide.pdf. Cabrillo Town Center City of Santa Ana Technical Memorandum August 2023 City Council 18 — 521 10/3/2023