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Analysis General Plan The project site has a General Plan designation of OS/RC (Resource Conservation). The objective of the Open Space General Plan designation as stated in General Plan Volume I, page VI-2 is "to preserve open space land for the continuation of commercial agricultural and productive uses, the enjoyment of scenic beauty and recreation, the protection and use of natural resources, and for the protection from natural hazard." The proposed conference center, nature walks, Native American village, and camp sites will allow the public to explore and enjoy Spud Island and is in compliance with the General Plan Policies for Open Spaces areas(General Plan, Volume I, page VI-2-5). Environmental Issues A biological report was conducted by Jones and Stokes dated February 2007. The report identified the following Special-Status species as occurring or potentially occurring in the area: California black rail, giant garter snake,western pond turtle, Swainson's Hawk,Tricolored Blackbird,Valley Elderberry Longhorn Beetle, Great Blue Heron, Chinook Salmon, Steelhead, delta smelt, and green sturgeon. The United States Department of Fish&Wildlife(USFW)has determined that in order to mitigate for impacts to sensitive species, the applicant shall consult with the U.S. Army Corps of Engineers on the project pursuant to Section 7 of the Endangered Species Act of 1973 and participate in the San Joaquin Multi Species Open Space and Habitat Conservation Plan. The applicant has stated he intends to participate in the Habitat Conservation Plan. USFW also recommends that in order to mitigate disturbance to the heron rookery, human disturbance shall be avoided within 820 feet of the rookery or human access shall be restricted to the Southern Marsh Trail and ADA accessible Trail from January through March to allow the herons to"settle in" and establish their nests. Signs shall be placed within 820 feet of the rookery instructing people to keep noise to a minimum and pets shall be prohibited from any area within 820 feet of the rookery. The Department of Fish&Game concurs with the US Fish &Wildlife Service's proposed recommendations. Those recommendations are included in the Conditions of Approval. Additionally, the applicant commissioned a biological study conducted by Wildlands, Inc. dated July 2005. Three wetland habitats (Wetland Riparian, Tidal Emergent Marsh, and Wetland Riparian/Emergent Marsh) and two upland (areas above the high tide level) habitats (Upland Riparian and Dredge Spoil)were identified. The project will result in the loss of some wetland areas on the island. The U.S.Army Corps of Engineers reviewed the project to see if it meets their minimum standards for wetland delineations. Ajurisdictional letter from the Army Corps was received stating that the applicant is approved to proceed with construction of the project. Riparian Habitat Development Title Section 9-1510.5 states that parallel to any natural bank of a waterway, a natural open space for riparian habitat and waterway protection shall be maintained to provide nesting and foraging habitat and the protection of waterway quality. The minimum width of said open space shall be one- hundred (100) feet, measured from the mean high water level of the natural bank or fifty(50) feet back form the existing riparian habitat, whichever is greater. Water-dependent uses may be permitted in this buffer. However, compliance with the more stringent setback requirements provided in the biotic study's mitigation measures,ensure any impacts to the existing riparian habitat will be less-than-significant and will comply with the Development Title Ordinance. San Joaquin County PA-0500224/Delta Habitat & Education Foundation Community Development Page 3