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d. Interfere substantially with the movement of any native resident or migratory fish or <br /> wildlife species or with established native resident or migratory wildlife corridors, or <br /> impede the use of native wildlife nursery sites? <br /> e. Conflict with any local policies or ordinances protecting biological resources, such as a <br /> tree preservation policy or ordinance? <br /> f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural <br /> Community Conservation Plan, or other approved local, regional, or state habitat <br /> conservation plan? <br /> TZC EIR Conclusions <br /> • No endangered, rare, threatened, or special status plant species (or associated <br /> habitats) or wildlife species designated by the USFWS, CDFG, or CNPS are known to <br /> occur or expected to occur within the Transit Zoning Code (SD 84A and SD 8413) area. <br /> (DEIR Section 4.3.3: Effects Found to Have No Impact) <br /> • No riparian habitat or other sensitive natural communities are located in these areas. <br /> (DEIR Section 4.3.3: Effects Found to Have No Impact) <br /> • The Transit Zoning Code (SD 84A and SD 8413) area is not in proximity to, nor does it <br /> contain, wetland habitat or a blueline stream. (DEIR Section 4.3.3: Effects Found to <br /> Have No Impact) <br /> • The Transit Zoning Code (SD 84A and SD 8413) is surrounded by urban uses on all four <br /> sides, including two highways, and, therefore, does not function as a wildlife movement <br /> corridor. (DEIR Section 4.3.3: Effects Found to Have No Impact) <br /> • Implementation of the project would not conflict with any local policies or ordinances <br /> protecting biological resources. (DEIR Section 4.3.3: Effects Found to Have No Impact) <br /> • No conflict with an adopted habitat conservation plan, Orange County NCCPIHCP or <br /> other local, regional, or state habitat conservation plan would occur, and there would be <br /> no impact. (DEIR Section 4.3.3: Effects Found to Have No Impact) <br /> • Long-term cumulative development occurring pursuant to the Transit Zoning Code <br /> would not result in a potential reduction in nesting opportunities for resident and <br /> migratory avian species of special concern. (Impact 4.3-1: Less Than Significant <br /> without mitigation) <br /> TZC EIR Mitigation Measures <br /> MM4.3-1 To ensure that avian species of concern, protected migratory species (e.g., MBTA), <br /> or raptors species are not injured or disturbed by construction in the vicinity of nesting habitat, <br /> the project applicant shall implement the following measures: <br /> 1. Tree removal shall be restricted to the period between August 30 and February 15, to <br /> the extent feasible, to avoid the breeding season of any migratory species that could be <br /> using the area, and to discourage nesting in the vicinity of an upcoming construction <br /> area. If it is not feasible to remove trees outside this window then, prior to the beginning <br /> of mass grading, including grading for major infrastructure improvements, during the <br /> period between February 15 and August 30, all trees within 250 feet of any grading or <br /> earthmoving activity shall be surveyed for active nests by a qualified biologist no more <br /> than 30 days prior to disturbance. If active nests are found, and the site is within 250 <br /> feet of potential construction activity, a temporary fence shall be erected, where <br /> appropriate, around the tree(s) at a distance of up to 250 feet, depending on the <br /> species, from the edge of the canopy to prevent construction disturbance and <br /> January 2025 26 Environmental Analysis <br /> Resolution No. 2025-023 <br /> Page 34 of 65 <br />