16area surveyed must include all clearing /construction areas, as well
as areas within 250 feet of the boundaries of these areas, or as
otherwise determined by the biologist. If no active avian nests are
identified on or within 250 feet of the limits of the proposed
disturbance area, no further mitigation is necessary.
If active nests are found within 250 feet of the proposed
disturbance area, clearing /construction activities must be
postponed within 250 feet of the nest until a wildlife biologist has
identified the nesting avian species. If the avian species is not
protected under the MBTA or the California Fish and Game Code,
no further action is required and construction activities may
proceed.
If the avian species is protected under the MBTA or the California
Fish and Game Code, no action other than avoidance of the active
nest(s) may be taken without consultation with the California
Department of Fish and Game (CDFG). In addition, a minimum
100 -foot buffer zone surrounding the active nest(s) must be
established until the young have fledged (left the nest), the nest is
vacated, and there is no evidence of second nesting attempts, as
determined by the wildlife biologist. The size of the buffer area
may be reduced if the wildlife biologist determines, upon
consultation and concurrence from the CDFG, that the size of the
buffer area would not be likely to have adverse effects on the
particular species.
C) Finding:
The City Council finds that with implementation of identified
mitigation measures, potentially significant biological resource
impacts related to potential protected and migratory birds would
be reduced to a less- than - significant level as identified in the Initial
Study.
3. Cultural Resources (Initial Study)
a) Facts /Effects:
(1) Archeological and Paleontological Resources. Construction
activities associated with implementation of Option 1 or Option 2
of the proposed project would have the potential to unearth and
potentially damage or destroy undocumented cultural resources.
Implementation of mitigation measure MM CR -1 would require the
proper evaluation and treatment of cultural resources in the event
that resources are discovered during construction, preventing an
adverse change or destruction of a significant or unique resource.
Therefore, a less- than - significant impact would occur with
incorporation of mitigation measure MM CR -1.
(2) Human Remains. Construction activities associated with
implementation of Option 1 or Option 2 of the proposed project
would have the potential to disturb human remains underlying the
C.1