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Item No. 1 PC: 11-5-92 SU-91-15 Page 21 mitigation measures are listed below. The Department of Fish and Game is also responsible for some of these measures. Statement of Fact: The impact will be reduced by the following,which will mitigate the impact on the previously used nest site and potential nesting pairs: • Prior to approval of the Final Map, a map of the nest trees shall be submitted to the Community Development Department that shows all potential nest trees on the site for the Swainson's hawk. These trees shall be preserved, unless they pose a safety hazard. • The developer shall either enter Into an agreement with the City of Stockton to participate in the City's Swainson's Hawk Habitat Conservation Plan and pay the applicable fees;or at a minimum, 63 acres of mitigation lands shall be preserved through fee title or conservation easement for loss of Swainson's hawk breeding and foraging habitat. A-2 Potentially Significant Impact: Trees removed during construction could eliminate Swainson's hawk nesting habitat. Although the likely, ultimate,underlying project has been designed to incorporate cluster housing into the oak grove area to preserve most of the oak trees, approximately 16 oak trees will be removed. None of these 16 trees have been identified as nesting trees for Swainson's hawks. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. These mitigation measures are listed below. Statement of Fact: This impact will be reduced by the following: • Of the 210 oak trees located on the site, 16 are proposed to be removed. Of these 16 trees, none have been identified as nesting sites for Swainson's hawks. • To further ensure that no loss of Swainson's hawk nesting sites occurs, all potential nest trees on the site will be identified by a biologist familiar with Swainson's hawk nesting ecology. Unless the trees pose a safety hazard, removal will be avoided through modification of locations for structures and project design, if necessary. • The developer shall either enter into an agreement with the City of Stockton to participate in the Swainson's Hawk Habitat Conservation Plan and pay the applicable fees; or, at a minimum, preserve 63 acres of mitigation lands through fee title or conservation easements. Should the 63 acres of off-site mitigation land be provided, rather than the i payment of mitigation fees, one tree per every ten acres shall be required to be planted �.J