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L.U ENVIRONMENTAL CHECKLIST e) Up to six ornamental trees may be removed during construction of the water recycling plant at the Monarch Bay Golf Complex. While the City has an ordinance protecting street trees (adopted in Title 5, Chapter 5-2 of the City Municipal Code) the ordinance would not apply to the trees to be removed as they are not within the public right of way. fl The City also has a Monarch Butterfly Protection ordinance (adopted in Title 4, Chapter 4-1-1000 of the City Municipal Code). This ordinance prohibits the disturbance or harm of overwintering monarch butterflies within the City. Although the Project may be carried out within one-quarter mile of lalown overwintering habitat for the monarch butterfly, Project activities are not expected to result in disturbance or harm to these special status insects and, therefore, the Project would not violate the ordinance. There are no habitat conservation plans that apply to the Project area. The Project site does not lie within the area of interest for any adopted Habitat Conservation Plan, Natural Community Conservation Plan, or any other approved local, regional, or state conservation plan. Therefore, the Project would not conflict with the provisions of any such plan. MITIGATION MEASURES The mitigation measures below address potential effects to biological resources in the Project area- The measures identify best management practices for waterway crossings, preconstruction surveys, exclusion fencing and seasonal restrictions on construction activities. Table 2.1 summarizes seasonal constraints on construction activities. Measure B-1: The following measures shall be implemented prior to issuance of grading permits and to the satisfaction of the City Engineer to prevent impacts to burrowing owl. No more than two weeks before- construction in potential burrowing owl habitat along the proposed Phase 2 route, a survey for burrowing owls and occupied burrows shall be conducted by a qualified biologist within 500 feet of the construction disturbance area. The survey will conform to the protocol described by the California Burrowing Owl Consortium (1993), including up to four surveys on different dates if there are suitable burrows present. ^ If occupied owl burrows are found within the survey area, a determination shall be made by a qualified biologist in consultation with CDFG whether or not construction will impact the occupied burrows or disrupt reproductive behavior. ^ If it is determined that construction will not impact occupied burrows or disrupt breeding behavior, construction will proceed without any restriction or ritigation measures. ^ If it is determined that construction will physically impact occupied burrows or disrupt reproductive behavior during the nesting season (March through August), construction will be delayed within 250 feet of occupied burrows until it is determined that the owls are not nesting or until a qualified biologist determines that juvenile owls are self-sufficient or are no longer using the natal burrow as their primary source of shelter. ^ If it is determined that construction will impact occupied burrows during August through February, one-way doors will be used to passively relocate owls out of the Project area. Under current practice, prior to undertaking this procedure, there shall be at least two unoccupied burrows suitable for burrowing owls within 300 feet of the occupied burrow prior to installation of the one-way doors. The unoccupied burrows can be natural burrows or artificial burrows constructed according to currently accepted design. Artificial burrows shall be in place at least one-week before one-way doors are installed on occupied burrows. One-way doors will be in place for a mirlimum of 48 hours before burrows are excavated. San Leandro Recycled Water Project 2-15 ESA / 7A3193 Draft IS/MND