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e. Conflict with any local policies or ordinances X 2, 4, 9 <br />protecting biological resources, such as a tree <br />reservation policy or ordinance? <br />f Conflict with the provisions of an adopted X 2, 4, 9 <br />Habitat Conservation Plan, Natural Community <br />Conservation Plan or other approved local, <br />regional, or state habitat conservationplan? <br />EXPLANATION: <br />a-b)The California Natural Diversity Database (CNDDB) for the U.S. Geological Survey (USGS) San Leandro, Hayward, <br />Oakland East, Oakland West, Las Trampas Ridge and Newark 7.5 -minute quadrangles identifies 82 special -status plant <br />and animal species, and four sensitive natural communities in the database. This includes species listed as rare, <br />threatened, endangered, or proposed for listing as such, under the California and Federal Endangered Species Acts, <br />species of special concern to California Department of Fish and Game (CDFG), and plants on the California Native Plant <br />Society (CNPS) list 1 Or 2 (considered rare or endangered within California and elsewhere). The extensive species lists <br />generated by the CNDDB and CNPS queries are the result of populations of sensitive species associated with freshwater <br />wetlands and undisturbed native grasslands found within the region (primarily east of the project sites); and species <br />associated with the brackish and freshwater habitats of San Francisco Bay (approximately two miles west of the project <br />sites). <br />Site 1 is a previously graded and disturbed property located at the northeast corner of San Leandro Blvd and West <br />Juana Avenue and is currently a square shaped asphalt parking lot with no permanent building structures. The site <br />does contain mature, ornamental landscaping around the site perimeter. A Tree Report prepared by Hortscience <br />(October, 2008) identified all trees on the subject property over six inches in diameter. Forty-seven trees were <br />surveyed on the site, representing five species, including Holly Oak (23), Sweet Gum (18), Camphor (4) and Tree of <br />Heaven (1) and Honey Locust (1). Twenty two (22) of the Holly Oaks along San Leandro Boulevard and four (4) of <br />the interior trees will be impacted by the proposed project. The tree report recommended the removal of up to thirty <br />(3) trees. The site plan will allow for preservation of up to seventeen trees, including seven of the Sweet Gums along <br />W. Juana Avenue, nine of the Sweet Gums along Carpentier Street and one Tree of Heaven_ <br />Mitigation Measure #18: The applicant shall follow the tree preservation guidelines set forth in the October, <br />2008 Hortscience Tree Report, including having the consulting arborist review all project plans with regard to <br />tree impacts and implementation of necessary protection measures and avoiding grading, construction, <br />demolition or other work within designated, on-site Tree Protection Zones. <br />An examination of the limited number of trees and shrubs on site during the field investigation did not reveal the <br />presence of any nests of birds protected by the Migratory Bird Treaty Act. However, any project activities that would <br />result in the removal of existing woody vegetation could potentially impact nesting birds (i.e., the loss of young birds or <br />the abandonment of an active nest), which would be a violation of Fish and Game Code Section 3503 and the federal <br />Migratory Bird Treaty Act and would be a potentially significant impact. The mitigation measure below would reduce <br />potential impacts to nesting birds to a less -than -significant level. <br />Mitigation Measure #19: The applicant shall conduct pre -construction surveys for the presence of nesting birds <br />within each of the project sites. The project applicant shall retain a qualified biologist to conduct a pre - <br />construction breeding -season survey (approximately February 1 through August 31) to determine if any birds are <br />nesting on or directly adjacent to the project area. The survey shall be conducted during the same calendar year <br />that construction is planned to begin. If no nesting birds are found, then no further action would be required. If <br />nesting birds are found within the trees on or directly adjacent to the project area, the project applicant shall <br />avoid all birds nest sites located in the project area during the breeding season (approximately February 1 <br />through August 31), or until it is determined by a qualified biologist that all young have fully fledged (left the <br />nest). If the construction cannot be delayed, avoidance shall include the establishment of a non -disturbance buffer <br />zone around the nest site. The size of the buffer zone will be determined in consultation with the CDFG. The <br />buffer zone shall be delineated by highly visible temporary construction fencing, and shall remain in place until it, <br />is determined by a qualified biologist that all young have fully fledged (left the nest). <br />Cornerstone at San Leandro Crossings Initial Study 13 March 2009 <br />POTENTIALLY <br />ISSUES <br />POTENTIALLY <br />SIGNIFICANT <br />LESS THAN <br />NO <br />SIGNIFICANT <br />UNLESS <br />SIGNIFICANT <br />IMPACT <br />SOURCES <br />ISSUES <br />MITIGATION <br />IMPACT <br />INCORPORATED <br />e. Conflict with any local policies or ordinances X 2, 4, 9 <br />protecting biological resources, such as a tree <br />reservation policy or ordinance? <br />f Conflict with the provisions of an adopted X 2, 4, 9 <br />Habitat Conservation Plan, Natural Community <br />Conservation Plan or other approved local, <br />regional, or state habitat conservationplan? <br />EXPLANATION: <br />a-b)The California Natural Diversity Database (CNDDB) for the U.S. Geological Survey (USGS) San Leandro, Hayward, <br />Oakland East, Oakland West, Las Trampas Ridge and Newark 7.5 -minute quadrangles identifies 82 special -status plant <br />and animal species, and four sensitive natural communities in the database. This includes species listed as rare, <br />threatened, endangered, or proposed for listing as such, under the California and Federal Endangered Species Acts, <br />species of special concern to California Department of Fish and Game (CDFG), and plants on the California Native Plant <br />Society (CNPS) list 1 Or 2 (considered rare or endangered within California and elsewhere). The extensive species lists <br />generated by the CNDDB and CNPS queries are the result of populations of sensitive species associated with freshwater <br />wetlands and undisturbed native grasslands found within the region (primarily east of the project sites); and species <br />associated with the brackish and freshwater habitats of San Francisco Bay (approximately two miles west of the project <br />sites). <br />Site 1 is a previously graded and disturbed property located at the northeast corner of San Leandro Blvd and West <br />Juana Avenue and is currently a square shaped asphalt parking lot with no permanent building structures. The site <br />does contain mature, ornamental landscaping around the site perimeter. A Tree Report prepared by Hortscience <br />(October, 2008) identified all trees on the subject property over six inches in diameter. Forty-seven trees were <br />surveyed on the site, representing five species, including Holly Oak (23), Sweet Gum (18), Camphor (4) and Tree of <br />Heaven (1) and Honey Locust (1). Twenty two (22) of the Holly Oaks along San Leandro Boulevard and four (4) of <br />the interior trees will be impacted by the proposed project. The tree report recommended the removal of up to thirty <br />(3) trees. The site plan will allow for preservation of up to seventeen trees, including seven of the Sweet Gums along <br />W. Juana Avenue, nine of the Sweet Gums along Carpentier Street and one Tree of Heaven_ <br />Mitigation Measure #18: The applicant shall follow the tree preservation guidelines set forth in the October, <br />2008 Hortscience Tree Report, including having the consulting arborist review all project plans with regard to <br />tree impacts and implementation of necessary protection measures and avoiding grading, construction, <br />demolition or other work within designated, on-site Tree Protection Zones. <br />An examination of the limited number of trees and shrubs on site during the field investigation did not reveal the <br />presence of any nests of birds protected by the Migratory Bird Treaty Act. However, any project activities that would <br />result in the removal of existing woody vegetation could potentially impact nesting birds (i.e., the loss of young birds or <br />the abandonment of an active nest), which would be a violation of Fish and Game Code Section 3503 and the federal <br />Migratory Bird Treaty Act and would be a potentially significant impact. The mitigation measure below would reduce <br />potential impacts to nesting birds to a less -than -significant level. <br />Mitigation Measure #19: The applicant shall conduct pre -construction surveys for the presence of nesting birds <br />within each of the project sites. The project applicant shall retain a qualified biologist to conduct a pre - <br />construction breeding -season survey (approximately February 1 through August 31) to determine if any birds are <br />nesting on or directly adjacent to the project area. The survey shall be conducted during the same calendar year <br />that construction is planned to begin. If no nesting birds are found, then no further action would be required. If <br />nesting birds are found within the trees on or directly adjacent to the project area, the project applicant shall <br />avoid all birds nest sites located in the project area during the breeding season (approximately February 1 <br />through August 31), or until it is determined by a qualified biologist that all young have fully fledged (left the <br />nest). If the construction cannot be delayed, avoidance shall include the establishment of a non -disturbance buffer <br />zone around the nest site. The size of the buffer zone will be determined in consultation with the CDFG. The <br />buffer zone shall be delineated by highly visible temporary construction fencing, and shall remain in place until it, <br />is determined by a qualified biologist that all young have fully fledged (left the nest). <br />Cornerstone at San Leandro Crossings Initial Study 13 March 2009 <br />