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City of San Leandro 14143-14273 Washington Avenue Warehouse Project 44 The analysis in this section is based in part upon a biological resource analysis prepared by FirstCarbon Solutions in April 2022 (Appendix D) and an arborist report prepared by HortScience and Bartlett Consulting in February 2022 (Appendix A). Both of these reports were peer reviewed by Rincon Consultants in October 2022, and a revised biological resources analysis was prepared by FirstCarbon Solutions in April 2023. The revised biological resources analysis and peer review memorandum are included in Appendix D, and the arborist report and peer review memorandum are included in Appendix A. Setting The project site is currently vacant but has been previously developed. The site contains ruderal vegetation and 23 trees. The site is in an urbanized area, surrounded by paved parking lots, commercial and industrial buildings, and landscaped areas and trees. The site is approximately 2.5 miles east of the San Francisco Bay, 2.2 miles northwest of San Lorenzo Creek, and 1.5 miles south of San Leandro Creek. The site is relatively flat with an elevation of approximately 40 feet. Regulatory Setting Federal and State Regulatory authority over biological resources is shared by federal, state, and local agencies under a variety of laws, ordinances, regulations, and statutes. Primary authority for biological resources lies with the land use control and planning authority of local jurisdictions (in this instance, the City of San Leandro). The California Department of Fish and Wildlife (CDFW) is a trustee agency for biological resources throughout the state under CEQA and has direct jurisdiction under the California Fish and Game Code (CFGC). Under the California Endangered Species Act and the federal Endangered Species Act, the CDFW and the U.S. Fish and Wildlife Service (USFWS), respectively, have direct regulatory authority over species formally listed as threatened or endangered (and listed as rare for CDFW). Native and/or migratory bird species are protected under the CFGC Sections 3503, 3503.5, and 3511. Statutes in the Clean Water Act (CWA), CFGC, and CCR protect wetlands and riparian habitat. The U.S. Army Corps of Engineers (USACE) has regulatory authority over wetlands and waters of the United States under Section 404 of the CWA. The State Water Resources Control Board (SWRCB) and the nine Regional Water Quality Control Boards (RWQCBs) ensure water quality protection in California pursuant to Section 401 of the CWA and Section 13263 of the Porter-Cologne Water Quality Control Act. The CDFW regulates waters of the State under the CFGC Section 1600 et seq. Special-status species are those plants and animals: 1) listed, proposed for listing, or candidates for listing as Threatened or Endangered by the USFWS and the National Marine Fisheries Service (NMFS) under the federal Endangered Species Act; 2) listed or proposed for listing as Rare, Threatened, or Endangered by the CDFW under the California Endangered Species Act; 3) recognized as California Species of Special Concern by the CDFW; 4) afforded protection under CFGC; and 5) occurring on Lists 1 and 2 of the CDFW California Rare Plant Rank (CRPR) system.