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City of Pleasanton—Merritt Property Project <br />Consistency Checklist 15183 Consistency Checklist <br /> <br /> <br />64 <br />observed at their nest tree. This occurrence is presumed extant.12 Because of <br />the lack of any marshes, lakes, rivers, or ponds in the immediate vicinity, it is <br />unlikely that this species would nest on the project site. <br />Nesting Birds <br />No unique biological features are present on-site to support migratory and/or <br />nesting birds. However, on-site, and adjacent trees could provide marginally <br />suitable nesting habitat for special-statutes bird species. These species <br />include white-tailed kite, as well as birds protected by the Migratory Bird <br />Treaty Act (MBTA), and Fish and Game Code Section 3503.5. Because of the <br />lack of suitable habitat and high level of development, the presence of <br />special-status bird species would be considered low. Construction activities <br />that occur during the nesting season (generally February 1 to August 31) <br />could disturb special-status species. The MBTA and California Fish and Game <br />Code protect native, special-status species that may reside on or adjacent <br />to the project site. <br />Approval of the proposed project would be conditioned upon compliance <br />with recommendations provided in the project-specific BRA (MM BIO-1). This <br />includes species-specific avoidance and minimization measures to migratory <br />birds and nursery sites. Implementation of these conditions, including pre- <br />construction avian and bat surveys, would ensure that any potential <br />biological resource impacts remain less than significant as described in the <br />Housing Element Update FEIR. <br />b) Sensitive Natural Communities or Riparian Habitat <br />Would the project: Have a substantial adverse effect on any riparian habitat or other <br />sensitive natural community identified in local or regional plans, <br />policies, and regulations or by the California Department of Fish <br />and Wildlife or United States Fish and Wildlife Service? <br />Summary of Housing Element Update FEIR <br />The Housing Element Update FEIR indicated the Planning Area is likely to <br />contain sensitive communities (e.g., oak woodlands and riparian habitat). <br />Based on the generalized habitats presented in Exhibit 3.3-1 of the Housing <br />Element Update Draft EIR, Site 1 (Lester) may contain undisturbed oak <br />woodland habitat, which has the potential to provide habitat for many <br />special-status species. Therefore, development consistent with the Housing <br /> <br />12 Olberding Environmental, Inc. (Olberding Environmental). Biological Resources Analysis Report for the Merritt <br />Property. November 2023.