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Biological Resources Site Assessment Report Hana Japan Steak House Project Site, Pleasanton, California APN: 941-1710-101 Page 4 inhabit an area and build a nest, if site work does not commence within 7 days of the nesting survey, another survey should be conducted to ensure that no impacts occur to nesting birds. If birds are identified nesting on or within the zone of influence of the construction project, a qualified biologist should establish a temporary protective non-disturbance buffer around the nest(s). The non-disturbance buffer should be staked with orange construction fencing. The buffer must be of sufficient size to protect the nesting site from construction-related disturbance and should be established by a qualified ornithologist or biologist with extensive experience working with nesting birds near and on construction sites. Typically, adequate nesting buffers are 50 feet from the nest site or nest tree dripline for common passerine birds and up to 100 feet for special-status passerine birds. Upon completion of nesting surveys, if nesting birds are identified on or within a zone of influence of the project site, a qualified ornithologist/biologist that frequently works with nesting birds should prescribe adequate nesting buffers to protect the nesting birds from harm while the project is constructed. No construction or earth-moving activity should occur within any established nest protection buffer prior to September 1st unless it is determined by a qualified ornithologist/biologist that the young have fledged (that is, left the nest) and have attained sufficient flight skills to avoid project construction zones, or that the nesting cycle is otherwise completed. In the region of the project site, most species complete nesting by mid-July. This date can be significantly earlier or later, and would have to be determined by the qualified biologist. At the end of the nesting cycle, and fledging from the nest by its occupants, as determined by a qualified biologist, temporary nesting buffers may be removed, and grading and construction may commence in established nesting buffers without further regard for the nest site. Implementation of these mitigation measures would reduce impacts to nesting birds to a level regarded as less than significant pursuant to CEQA. 4.2 Western Burrowing Owl The Western Burrowing Owl (Athene cunicularia hypugaea) was proposed as a candidate for potential listing under the California Endangered Species Act (CESA) in October 2024. The CDFW will undertake a one-year review of the species’ status before the Fish and Game Commission is expected to make a final decision on listing. As a candidate for potential listing, the species is temporarily afforded the same protections as a state-listed endangered or threatened species. Burrowing owls are also protected from direct take under the federal Migratory Bird Treaty Act (16 U.S.C. 703-711 and 50 CFR 10.13), and their active nests, eggs, and/or young are protected by California Fish and Game Code §3505, §3503.5, and §3800. The Migratory Bird Treaty Act as amended makes it unlawful to kill, harm, or harass any migratory bird listed in Title 50 of the Code of Federal Regulations, Section 10.13, including their nests, eggs, or young. Finally, based upon this species’ rarity status, any unmitigated impacts to rare species would be considered a “significant effect on the environment” pursuant to §21068 of the CEQA Statutes and §15382 of the CEQA Guidelines. Thus, this owl species must be considered in any project that will, or is currently undergoing CEQA review, and/or that must obtain an environmental permit(s) from a public agency. When these owls occur on project sites, typically, mitigation requirements are mandated in the conditions of project approval from the CEQA lead agency. Burrowing owl habitat is usually found in annual and perennial grasslands, characterized by low- growing vegetation. Often, the burrowing owl utilizes rodent burrows, typically California