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City of San Leandro <br />Housing Element Update (2015-2023) Project <br />Initial Study and Environmental Checklist <br />would conduct the appropriate level of environmental review pursuant to CEQA prior to taking action to <br />consider the approval of the project. <br />Furthermore, compliance with federal and State laws, including but not limited to, the Migratory Bird Treaty <br />Act, Clean Water Act, Federal and California Endangered Species Acts, and California Native Plant Protec- <br />tion Act would ensure impacts to special -status species associated with potential future development that <br />could occur through implementation of the proposed Project would be less than significant. <br />b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in <br />local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wild- <br />life Service? <br />As described in IV.a above, the recognized sensitive natural communities of San Leandro include wetlands <br />and oak woodlands. However, as previously mentioned, the future construction of residential housing would <br />occur in the existing urbanized environment. Development in these areas would not result in the conversion <br />of sensitive natural communities. In instances of large lots and/or tall trees, vegetation on the residential lots <br />immediately adjacent could provide additional nesting and foraging opportunities for riparian -associated spe- <br />cies, particularly birds and bats. Generally, impacts would be limited to removal of vegetation (trees or bush- <br />es) on already developed lots. Protected trees are regulated under Section 4-1906, Existing Trees on Devel- <br />opment Sites, of the Zoning Code. <br />As previously described, potential future development as a result of implementing the proposed Project <br />would occur on lands that are currently developed or surrounded by development and would not increase <br />runoff potential that could directly impact the wetlands. Furthermore, wetlands and other waters are protect- <br />ed under the federal Clean Water Act and the State's Porter -Cologne Water Quality Control Act are under the <br />jurisdiction of the U.S. Army Corps of Engineers and the San Francisco Bay Regional Water Quality Control <br />Board. Federal and State regulations require avoidance of impacts to the extent feasible, and compensation <br />for unavoidable losses of jurisdictional wetlands and waters. Compliance with these regulations as well as the <br />General Plan and Zoning Code standards would reduce impacts to sensitive habitats. These regulations pro- <br />vide a comprehensive approach for addressing and mitigating the direct and indirect impacts of anticipated <br />development on or near wetlands, oak woodlands or other sensitive natural communities. Accordingly, im- <br />pacts would be less than significant. <br />c) Would the project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean <br />Water Act (including but not limited to, marsh, vernal pool, coastal, etc.), through direct removal, filling hydrological inter- <br />ruption or other means? <br />See Section IV.a and IV.b above. <br />d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species, or <br />with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? <br />See Section IV.b above. <br />e) Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation poli- <br />cy or ordinance? <br />The Zoning Code regulates tree preservation and protection through Section 4-1906, Existing Trees on De- <br />velopment Applications, which, among other things, protects habitat. Implementation of the proposed Pro - <br />Page 122 <br />