RES 06035 - Laserfiche WebLink

Appendix D Biological Resources Background Information Federal Migratory Bird Treaty Act The Federal Migratory Bird Treaty Act (16 U.s.e. See. 703) prohibits killing, possessing, or trading in migratory birds except in accordance with regulations prescribed by the Secretary of the Interior. This act encompasses whole birds, parts of birds, and bird nests and eggs. Most native bird species in the Bernal Phase II project site are covered by this Act. California Native Plant Society The California Native Plant Society (CNPS), a non-governmental conservation organization, has developed lists of plant species of concern in California. Vascular plants included on these lists are defined as follows: . List 1A plants considered extinct. . List 1 B Plants rare, threatened, or endangered in California and elsewhere. . List 2 Plants rare, threatened, or endangered in California but more common elsewhere. . List 3 Plants about which more information is needed - review list. . List 4 Plants oflimited distribution-watch list. Although the CN PS is not a regulatory agency and plants on these lists have no formal regulatory protection, plants appearing on List 1 B or List 2 are, in general, considered to meet CEQA's Section 15380 criteria and adverse effects on these species are considered significant. Pleasanton Heritage Tree Ordinance The Pleasanton Heritage Tree Ordinance (City of Pleasanton Tree Preservation Ordinance Chapter 17.16) states that any existing tree shall be preserved in zoning districts if they meet the following criteria: 1. Any single-trunked tree with a circumference of fifty-five inches or more measured four and one halffeet above ground level; 2. Any multi-trunked tree of which the two largest trunks have a circumference of fifty-five inches or more measured four and one halffeet above ground level; 3. Any tree thirty-five feet or more in height; 4. Any tree of particular historical significance specifically designated by official action; 5. A stand of trees the nature of which makes each dependent upon the other for survival or the area's natural beauty. However, trees meeting the above criteria may be removed on a limited basis with the permission of the Director upon submittal of an arborist's report which determines that the tree is in poor health and not likely to survive; if the trees constitute a high fire hazard or a threat to persons, structures, or property; or, if they impede public works projects. Trees to D3