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3.0 ENVIRONMENTAL CHECKLIST <br />1388 Bancroft Avenue Project City of San Leandro <br />Initial Study/Mitigated Negative Declaration November 2018 <br />3.0-24 <br />either directly or through habitat modifications (San Leandro 2016a). Mature street trees are located along the Bancroft Avenue, Joaquin Avenue, and Estudillo Avenue frontages. Approximately 9 trees would be removed, which could contain bird nests and birds that <br />are protected under the Migratory Bird Treaty Act (MBTA). Birds protected under the MBTA <br />include common songbirds, waterfowl, shorebirds, hawks, owls, eagles, ravens, crows, native doves and pigeons, swifts, martins, swallows, and others, including their body parts (feathers, plumes etc.), nests, and eggs. Construction activities, including the removal of <br />trees, could disrupt protected bird nests if completed during the nesting season. Therefore, <br />this impact would be potentially significant without mitigation. Implementation of mitigation measure MM BIO-1 would ensure protection of nesting birds that may be <br />present on the site during construction activities and would reduce this impact to less than <br />significant. <br />b) No Impact. The project site is completely developed with buildings and pavement and does not support riparian habitat or sensitive natural communities as identified by the <br />California Department of Fish and Wildlife or the US Fish and Wildlife Service (San Leandro <br />2016a). Therefore, there would be no impact. <br />c) No Impact. The project site does not contain federally protected wetlands as defined by Section 404 of the Clean Water Act (CWA), and would not result in the direct removal, <br />filling, or hydrological interruption of any wetlands (USFWS 2018). Therefore, there would be <br />no impact. <br />d) No Impact. The project site is completely developed with buildings and pavement and is surrounded by urban development. The site does not contain hydrologically connected <br />waters that would support native resident or migratory fish. In addition, the site is not <br />located in a migratory wildlife corridor (San Leandro 2016a). Because the site does not include sensitive biological resources or movement corridors, project implementation <br />would not interfere with the movement of native resident or migratory fish or wildlife species <br />or with established native resident or migratory wildlife corridors, nor would it impede the <br />use of native wildlife nursery sites. There would be no impact. <br />e) Less Than Significant Impact. Article 19, 4-1906 of the City of San Leandro Zoning Code <br />outlines the requirements for the preservation or replacement of trees on development <br />sites. Plans submitted for approval are required to identify all existing trees with a trunk <br />diameter equal or greater than 6 inches in diameter as measured 4.5 feet above the existing grade. Submitted plans must also include the species and dripline of all trees, and <br />indicate which trees are proposed for removal. A tree may be found to be “significant” <br />due to its size, age, or landscape or habitat value. Significant trees may require preservation or replacement. <br />Currently, the project site does not have any trees but there are 9 existing street trees in <br />the sidewalk right of way, including 5 on Bancroft Avenue, 2 on Joaquin Avenue, and 2 on <br />Estudillo Avenue. The existing street trees would be removed and replaced with 11 new street trees, including 5 on Bancroft Avenue, 3 on Estudillo Avenue, and 3 on Joaquin Avenue. In addition, 5 new trees would be planted on the site in the area between the <br />courtyard and the parking lot. Therefore, the project would increase the number of trees <br />compared to existing conditions. Because the project would comply with the applicable regulations, this impact would be less than significant. <br />f) No Impact. The project site is not located in an area covered by an adopted habitat <br />conservation plan, natural community conservation plan, or other approved local,