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City of San Leandro <br />14143-14273 Washington Avenue Warehouse Project <br /> <br />46 <br />portal (USFWS 2022; Appendix D). Moreover, according to the San Leandro 2035 General Plan EIR, <br />the project site does not contain habitat for species identified as a candidate, sensitive, or special- <br />status species (City of San Leandro 2016b). Based on the developed nature of the area and <br />surroundings and lack of native or riparian habitat located on or adjacent to the site, no federal-or <br />state-listed endangered, threatened, rare, or otherwise sensitive flora or fauna are anticipated to be <br />located within the project site. <br />Existing trees on and around the parcels within the area could contain bird nests and birds that are <br />protected under the Migratory Bird Treaty Act (MBTA) (Appendix D). Protected birds include all <br />common songbirds, waterfowl, shorebirds, hawks, owls, eagles, ravens, crows, native doves and <br />pigeons, swifts, martins, swallows, and others, including their body parts (feathers, plumes, etc.), <br />nests, and eggs. The trees located on-site and in the immediate vicinity could provide suitable <br />habitat for migratory or resident nesting birds. No signs of bat roosts were observed during the field <br />survey; however, trees on site and many small openings in the existing structures on-site could <br />provide roosting habitat for bats (Appendix D). The proposed project would involve removal of 10 <br />existing trees on the project site. In addition, construction activity associated with the project may <br />affect protected nesting birds or bats in existing trees. Therefore, mitigation measures BIO-1 and <br />BIO-2 are required to reduce potentially significant impacts to a less-than-significant level. <br />Mitigation Measure <br />BIO-1 Nesting Bird Avoidance and Minimization Measures <br />The following avoidance and minimization measures shall be implemented during project <br />construction activities: <br />▪ Initial site disturbance should occur outside the general avian nesting season (February 1 <br />through September 15), if feasible. <br />▪ If initial site disturbance occurs in a work area within the general avian nesting season indicated <br />above, a qualified biologist shall conduct a pre-construction nesting bird survey no more than 14 <br />days prior to initial disturbances in the work area. The survey shall include the entire area of <br />disturbance area plus a 50-foot buffer (relevant to non-raptor species) and 300-foot buffer <br />(relevant to raptors) around the site. If active nests are located, all construction work shall be <br />conducted outside a buffer zone from the nest to be determined by the qualified biologist. The <br />buffer should be a minimum of 50 feet for non-raptor bird species and at least 300 feet for <br />raptor species. Larger buffers may be required and/or smaller buffers may be established <br />depending upon the species, status of the nest, and construction activities occurring in the <br />vicinity of the nest. The buffer area(s) shall be closed to all construction personnel and <br />equipment until the adults and young are no longer reliant on the nest site. A qualified biologist <br />shall confirm that breeding/nesting is completed and young have fledged the nest prior to <br />removal of the buffer. <br />▪ If construction activities in a given work area cease for more than 14 days, additional surveys <br />shall be conducted for the work area. If active nests are located, the aforementioned buffer <br />zone measures shall be implemented. <br />BIO-2 Roosting Bats Avoidance and Minimization Measures <br />A qualified biologist shall survey trees, vegetation, and existing structures with features capable of <br />supporting roosting bats (both maternity and wintering or hibernation roosts) prior to their removal <br />or demolition. Vegetation and existing structures shall be surveyed for bat roosts or evidence of bat