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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 VII, 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 B10-1a 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 13I0-1 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 /> FC5 <br /> 40 <br /> Ordinance No. N4—,�/=­t[a­sharep,i,t C0M1s1revPua&auQsS1te15har" cumems1P,b4.tlons/C1!ene IPNdrvl/0327/03270047115+NNolo327aa47 santx Ana Ruw Prai­isMNU.dou <br /> Page 52 of 118 <br />