Item 24 - Public Hearing for Amendments to the Transit Zoning Code

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• The Transit Zoning Code (SD 84A and SD 84B) area is not in proximity to, nor does it contain, wetland habitat or a blueline stream. (DEIR Section 4.3.3: Effects Found to Have No Impact) • The Transit Zoning Code (SD 84A and SD 84B) is surrounded by urban uses on all four sides, including two highways, and, therefore, does not function as a wildlife movement corridor. (DEIR Section 4.3.3: Effects Found to Have No Impact) • Implementation of the project would not conflict with any local policies or ordinances protecting biological resources. (DEIR Section 4.3.3: Effects Found to Have No Impact) • No conflict with an adopted habitat conservation plan, Orange County NCCP/HCP or other local, regional, or state habitat conservation plan would occur, and there would be no impact. (DEIR Section 4.3.3: Effects Found to Have No Impact) • Long-term cumulative development occurring pursuant to the Transit Zoning Code would not result in a potential reduction in nesting opportunities for resident and migratory avian species of special concern. (Impact 4.3-1: Less Than Significant without mitigation) TZC EIR Mitigation Measures MM4.3-1 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. Tree removal shall be restricted to the period between August 30 and February 15, to the extent feasible, to avoid the breeding season of any migratory species that could be using the area, and to discourage nesting in the vicinity of an upcoming construction area. 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 250 feet of any grading or earthmoving activity shall be surveyed for active nests by a qualified biologist no more than 30 days prior to disturbance. If active nests are found, and the site is within 250 feet of potential construction activity, a temporary fence shall be erected, where appropriate, around the tree(s) at a distance of up to 250 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 in consultation with the City of Santa Ana Park Naturalist or a designee. 2. No construction vehicles shall be permitted within restricted areas (i.e., protection zones), unless directly related to the management or protection of the legally protected species. 3. If a legally protected species nest is located in a tree designated for removal, the removal shall be deferred until after August 30, or until the adults and young of the year are no longer dependent on the nest site as determined by a qualified biologist. (Impact 4.3-1) Project Analysis and Conclusion The City determined that impacts related to endangered, rare, threatened, or special status plant species or associated habitats or wildlife species, riparian habitat and sensitive natural communities, wetlands or blue line streams, wildlife movement corridors, habitat conservation plans, and biological resource policies would not have any impacts. Impacts to avian species were less than significant with implementation of the mitigation measures. January 2025 25 Environmental Analysis