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Item No. 1 PC: 11-5-92 SU-91-15 Page 8 5 A mitigation plan for Swainson's hawks was prepared as part of the EIR. The Department of Fish s and Game (DFG) reviewed this mitigation plan and made the following recommendations to reduce the impact that site development would have on the Swainson's hawk: 1. A minimum of 63 acres of mitigation lands to be preserved through fee title or conservation easements for loss of Swainson's hawk breeding and foraging habitat. The mitigation site must be within three miles of the project site, preferably within the designated Swainson's hawk conservation area. 2 The mitigation site is to be land which is currently unsuitable or marginal foraging habitat . for hawks. Enhancement of these lands through agricultural practices and restoration of nest trees will Increase the habitat value of the land. 3. The project proponent must provide assurances that this land will be maintained in perpetuity for Swainson's hawks, and operation and maintenance funds will be provided for these purposes. As an alternative to the above mitigation,the EIR indicated that the applicant could participate in the City of Stockton's Swainson's Hawk Habitat Conservation Plan. If approved as currently drafted, the Plan would provide a way for developers to mitigate losses of SwainSon's hawk foraging habitat through payment of land conversion fees. Fees collected from developers would be placed into a mitigation bond established by the City to offset habitat losses within the Stockton planning area ENVIRONMENTAL IMPACTS THAT CANNOT BE MITIGATED: The EIR was prepared on the proposed project by Michael Paoli and Associates, under contract to the County of San Joaquin. The EIR addressed several environmental issues, including loss of agricultural land, biological resources, traffic and circulation, air quality, services and utilities, drainage and flood control, law enforcement, schools, and the park site. The EIR also included an analysis of relevant Generai Plan policies that are not environmental issues. The EIR recommended numerous measures to mitigate identified environmental impacts which will be included as Conditions of Approval for the underlying Major Subdivision application. The EIR, however, identified five environmental impacts which cannot be mitigated to a less than significant level. These impacts are: 1. The conversion and consequent loss of 124.74 acres of agricultural grazing land to urban uses. 2. The loss of oak trees and oak woodland habitat. 3. The disruption of the Swainson's hawk nesting and breeding habitat may discourage the site's I pair of hawks from returning to the nest. 4. The project would exceed threshold limits for carbon monoxide, ozone, and PM-10 and would contribute to Countywide and regional air quality problems.