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SANTA ANA REZONE PROJECT <br />INITIAL STUDY/MITIGATED NEGATIVE DECLARATION <br />e) Conflict with any local policies or ordinances protecting biological resources, such <br />as a tree preservation policy or ordinance? <br />Less than significant impact. The proposed project would be required to comply with the City <br />Municipal Code pertaining to the protection of trees, specifically Article VI I, Regulation for the <br />Planting, Maintenance, and Removal of Trees. Compliance with this Code would ensure that the <br />proposed project would not conflict with any local policies or ordinances protecting trees or other <br />biological resources. As such, impacts would be less than significant. <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 />No impact. The project site is not located within the boundaries of any federal Habitat Conservation <br />Plan (HCP) or State Natural Community Conservation Plan (NCCP). The project site is outside of the <br />County of Orange Natural Communities Conservation Plan/Habitat Conservation Plan <br />(CONCCP/HCP) as authorized by the CDFW through the NCCP Act (California Fish and Game Code <br />[FGC] § 2800) and Sections 2081 and 2084 of the California Endangered Species Act (CESA) and by <br />the USFWS through Sections 7 and 10 of the federal Endangered Species Act. Therefore, the <br />proposed project would not conflict with an HCP, NCCP, or other approved local, regional, or State <br />HCP. No impact would occur. <br />Mitigation Measures <br />MM BI0-1a Nesting Bird Pre -construction Surveys <br />If ground -disturbing or vegetation -removing construction activities or tree removal is <br />proposed during the breeding/nesting season for migratory birds (typically February 1 <br />through September 15), a qualified Biologist shall conduct pre -construction surveys <br />for special -status birds and other migratory birds within the construction area, <br />including a 300-foot survey buffer, no more than 3 days prior to the start of ground - <br />disturbing activities in the construction area. <br />MM BI0-1 b Avoidance of Active Avian Nests <br />If an active nest is located during pre -construction surveys or at any point during the <br />construction phase of the proposed project, the United States Fish and Wildlife <br />Service (USFWS) and/or California Department of Fish and Wildlife (CDFW) (as <br />appropriate) shall be notified regarding the status of the nest. Furthermore, <br />construction activities shall be restricted as necessary to avoid disturbance of the <br />nest until it is abandoned, or a qualified Biologist deems disturbance potential to be <br />minimal. Restrictions may include establishment of exclusion zones (no ingress of <br />personnel or equipment at a minimum radius of 300 feet around an active raptor nest <br />and a 50-foot radius around an active migratory bird nest) or alteration of the <br />construction schedule. <br />40 FCS <br />Https://adecinnovaticns.sharepoint.com/sites/PubiicationsSite/Shared Documents/Publications/Client(PN-JN)/0327/03270047/ISMND/03270047 Santa Ana Rezone Project ISMND.docx <br />