HomeMy WebLinkAboutItem 6.1 - 1163 SB 343September 20, 2016
SB 343
Senate Bill 343 mandates supplemental materials that have been received by the
City Clerk’s office that relate to an agenda item after the agenda packets have
been distributed to the City Council be available to the public.
The attached documents were received in the City Clerk’s office after distribution
of the September 20, 2016, City Council meeting agenda packet.
Item 6.1
Proposed text change to be made to the Final EIR, to Exhibit B of Attachment 6 (CEQA Resolution),
and to Exhibit E of Attachment 6 (Mitigation Monitoring or Reporting Program)
The proposed change is to remove the text shown in strikethrough in subsections 3 and 4 below.
Mitigation Measure BIO-1c:
1. Conduct a Burrowing Owl Survey and Impact Assessment. Prior to the first ground-disturbing
activities, the project applicant shall retain a qualified biologist to conduct two pre-construction surveys
for the burrowing owl for the entire site. The first survey shall be conducted no more than 14 days
prior to ground-disturbing activities and the second survey shall be conducted within 48 hours of initial
ground disturbance. The surveys shall be conducted in accordance with the California Department of
Fish and Wildlife (CDFW) Staff Report on Burrowing Owl Mitigation. If the surveys determine owls
are present, then the measures set forth in this mitigation shall be followed.
2. Implement Avoidance Measures. If direct impacts to owls can be avoided, prior to the first ground-
disturbing activities, the project applicant shall implement the following avoidance measures during all
phases of construction to reduce or eliminate potential impacts to California burrowing owls.
• Avoid disturbing occupied burrows during the nesting period, from February 1 through 31
August.
• Avoid impacting burrows occupied during the non-breeding season by migratory or non-
migratory resident burrowing owls.
• Avoid direct destruction of burrows through chaining (dragging a heavy chain over an area to
remove shrubs), disking, cultivation, and urban, industrial, or agricultural development.
• Develop and implement a worker awareness program to increase the on-site worker’s
recognition of and commitment to burrowing owl protection.
• Place visible markers near burrows to ensure that equipment and other machinery do not
collapse burrows.
• Do not fumigate, use treated bait or other means of poisoning nuisance animals in areas where
burrowing owls are known or suspected to occur (e.g., sites observed with nesting owls,
designated use areas).
3. Conduct Burrow Exclusion. If avoidance of burrowing owl or their burrows is not possible during
the nesting season, prior to the first ground-disturbing activities, the project applicant, in consultation
with the California Department of Fish and Wildlife, shall prepare a Burrowing Owl Relocation Plan as
indicated and following the CDFW 2012 Staff Report. Monitoring of the excluded owls shall be carried
out as per the California Department of Fish and Game 2012 Staff Report.
4. Prepare and Implement a Mitigation Plan. If avoidance of burrowing owl or their burrows is not
possible and project activities may result in impacts to nesting, occupied, and satellite burrows and/or
burrowing owl habitat during the nesting season, the project applicant shall consult with the CDFW and
develop a detailed mitigation plan that shall include replacement of impacted habitat, number of
burrows, and burrowing owl at a ratio approved by CDFW. The mitigation plan shall be based on the
requirements set forth in Appendix A of the CDFW 2012 Staff Report on Burrowing Owl Mitigation
and the Plan shall be reviewed and accepted by CDFW and the City prior to the first ground-disturbing
activities.