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Hana Japan Restaurant Project <br />Initial Study/Mitigated Negative Declaration <br />25 <br />May 2025 <br />IV. BIOLOGICAL RESOURCES. <br />Would the project: <br />Potentially <br />Significant <br />Impact <br />Less-Than- <br />Significant <br />with <br />Mitigation <br />Incorporated <br />Less-Than- <br />Significant <br />Impact <br />No <br />Impact <br />a. Have a substantial adverse effect, either directly or <br />through habitat modifications, on any species identified <br />as a candidate, sensitive, or special status species in <br />local or regional plans, policies, or regulations, or by the <br />California Department of Fish and Wildlife or U.S. Fish <br />and Wildlife Service? <br />    <br />b. Have a substantial adverse effect on any riparian habitat <br />or other sensitive natural community identified in local or <br />regional plans, policies, and regulations or by the <br />California Department of Fish and Wildlife or US Fish and <br />Wildlife Service? <br />    <br />c. Have a substantial adverse effect on state or federally <br />protected wetlands (including, but not limited to, marsh, <br />vernal pool, coastal, etc.) through direct removal, filling, <br />hydrological interruption, or other means? <br />    <br />d. Interfere substantially with the movement of any resident <br />or migratory fish or wildlife species or with established <br />resident or migratory wildlife corridors, or impede the use <br />of wildlife nursery sites? <br />    <br />e. Conflict with any local policies or ordinances protecting <br />biological resources, such as a tree preservation policy <br />or ordinance? <br />    <br />f. Conflict with the provisions of an adopted Habitat <br />Conservation Plan, Natural Conservation Community <br />Plan, or other approved local, regional, or state habitat <br />conservation plan? <br />    <br /> <br />Discussion <br />a. The following discussion is based primarily on a Biological Resources Site Assessment <br />(BRSA), prepared by Monk and Associates, Inc. (M&A) for the proposed project (see <br />Appendix B).10 The BRSA evaluated the project site to determine if development of the <br />proposed project would have a substantial adverse effect on biological resources, <br />including special-status plant and wildlife species. <br /> <br />Special-status species include those plant and wildlife species that have been formally <br />listed, are proposed as endangered or threatened, or are candidates for such listing under <br />the federal and State Endangered Species Acts. Both acts afford protection to listed and <br />proposed species. In addition, California Department of Fish and Wildlife (CDFW) Species <br />of Special Concern, which are species that face extirpation in California if current <br />population and habitat trends continue, U.S. Fish and Wildlife Service (USFWS) Birds of <br />Conservation Concern, sensitive species included in USFWS Recovery Plans, and CDFW <br />special-status invertebrates are all considered special-status species. Although CDFW <br />Species of Special Concern generally do not have special legal status, they are given <br />special consideration under CEQA. In addition to regulations for special-status species, <br />most birds in the U.S., including non-status species, are protected by the Migratory Bird <br />Treaty Act (MBTA) of 1918. Under the MBTA, destroying active nests, eggs, and young is <br />illegal. In addition, plant species on California Native Plant Society (CNPS) Lists 1 and 2 <br />are considered special-status plant species and are protected under CEQA. <br /> <br /> <br />10 Monk and Associates, Inc. Biological Resources Site Assessment. March 26, 2025.