15C) Finding:
The City Council finds that with implementation of identified
mitigation measures, potentially significant aesthetics impacts
related to new sources of light and glare would be reduced to a
less- than - significant level as identified in the Initial Study.
2. Biological Resources (Initial Study)
a) Facts /Effects:
(1) Protected Birds. Implementation of Option 1 or Option 2 of the
proposed project would not result in any impacts to special- status
species as the project site does not contain suitable habitat for
any special- status plant or wildlife species and none have been
reported as occurring on, or in the immediate vicinity of, the
proposed project site. However, potential nesting habitat for
common bird species protected under the federal Migratory Bird
Treaty Act (MBTA) and California Fish and Game (CFG) Code
does occur within trees on, and in the immediate vicinity of, the
proposed project site. Removal of on -site trees and construction -
related activities resulting from implementation of Option 1 or
Option 2 of the proposed project could violate the MBTA and CFG
Code. To prevent potential impacts to nesting birds in violation of
the MBTA and CFG Code, mitigation measure MM BIO -1 would
be implemented before and during construction of the proposed
project to avoid nesting birds. Therefore, a less- than - significant
impact would occur with incorporation of mitigation measure MM
BIO -1.
(2) Migratory Birds. Removing on -site trees and construction -
related activities resulting from implementation of Option 1 or
Option 2 of the proposed project could disturb migratory bird
species protected under the MBTA that may use portions of the
proposed project site for nesting during the breeding season.
Implementation of MM BIO -1 which requires that surveys for
nesting avian species are performed during the appropriate time
of year and that nests are avoided, as well as adherence to all
federal, state, and local laws and regulations would ensure that
development of Option 1 or Option 2 of the proposed project does
not interfere with the movement of any native resident or migratory
fish or wildlife species or with established native resident or
migratory wildlife corridors or impede the use of native wildlife
nursery sites. Therefore, a less- than - significant impact would
occur with incorporation of mitigation measure MM BIO -1.
b) Mitigation:
MM BI0-1 Construction of either Option of the proposed project
must avoid the February 1 through August 31 bird nesting season
to the extent feasible. If it is not feasible to avoid the nesting
period, a survey for nesting birds must be conducted by a qualified
wildlife biologist no earlier than 14 days before construction. The
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