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March 23, 2020 Gene Broussard AMG & Associates, LLC 16633 Ventura

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March 23, 2020 Gene Broussard AMG & Associates, LLC 16633 Ventura March 23, 2020 Gene Broussard AMG & Associates, LLC 16633 Ventura Boulevard, Suite 10104 Encino, CA 91436 RE: Biological Site Assessment for 825 Drake Avenue Mr. Broussard, The purpose of this letter report is to provide you the results of the Biological Site Assessment (BSA) that WRA, Inc. (WRA) conducted at 825 Drake Avenue (APN: 052-112-03) in Sausalito, unincorporated Marin County, California (Study Area; Attachment A-Figure 1). The BSA site visit was conducted on December 27, 2019. The Study Area is composed of a single 1.01-acre improved parcel located at 825 Drake Avenue, approximately 0.2 air mile west of US Highway 101. The Study Area consists of developed areas including a paved parking lot, paved walkways, a semi-permanent church structure, a storage shed, and surrounding landscaped areas. Planted native and non-native landscape trees border the majority of the Study Area. The proposed development footprint based on the most recent Project plans (Kodama Diseno Architects and Planners, February 20, 2020), is located within the central portion of the Study Area and is referred to as the Project Area. Existing access to the Study Area is via a paved driveway in the southern portion of the Study Area adjacent to Drake Avenue. The purpose of this assessment is to gather information necessary to complete a review of biological resources under the California Environmental Quality Act (CEQA). This report describes the results of the site visit for which the Study Area was assessed concerning: (1) the potential to support special-status plant and wildlife species; (2) the potential presence of sensitive biological communities such as wetlands or riparian habitats subject to regulatory agency jurisdiction; and (3) the potential presence of other sensitive biological resources protected by local, state, and federal laws and regulations. A BSA provides general information on the potential presence of sensitive species and habitats. This assessment is based on information available at the time of the study and on-site conditions that were observed on the date of the site visit. PROJECT DESCRIPTION The Project proposes to construct a new five story affordable housing development within the central portion of the Study Area. The housing development will include 74 units of multi-family housing with 25 parking spaces. The existing structures, paved parking lot, and hardscape will be demolished and removed prior to Project construction. The areas surrounding the proposed housing development and parking areas will be landscaped with native and non-native plant species as a component of the Project. All grading and excavation will be conducted between May 1 and September 30 of any year, and if this work is to occur prior to May 1 or after September 30 a siltation control plan will be developed by a civil engineer and implemented. As all major grading and excavation work will occur between May 1 and September 30, it is expected that initial grading will occur during the nesting bird season, defined as: February 1 through August 31. Therefore, for work initiated between February 1 and August 31, a qualified biologist will conduct a pre-construction nesting bird survey of the property within 14 days of start of work. If no active nests are present, there will be no impacts to nesting birds and construction may begin unrestricted. If any active nests are found in proximity to work areas, a qualified biologist will establish a protective buffer zone around nests within which no work will be conducted until all young have fledged the nest or the nest is otherwise determined inactive by the qualified biologist. This will result in no impact to birds. If work is conducted between September 1 and September 30, which is not within the nesting bird season, no nesting bird surveys will be conducted and are not required, and no impacts to nesting birds will result. Site preparation in advance of the proposed Project will require tree removal of native and non- native trees within the Study Area. Tree removal will be limited to seven trees including one “heritage tree” as defined by Marin County Native Tree Protection and Preservation Ordinance (Tree Ordinance). The remaining six trees proposed for removal are ornamental trees including Monterey cypress (Hesperocyparis macrocarpa), Monterey pine (Pinus radiata), blue gum (Eucalyptus globulus), silver wattle (Acacia dealbata), and blackwood acacia (Acacia melanoxylon) which are not protected per the Tree Ordinance. A tree removal permit from the Marin County Planning Division will be obtained for the removal of the one heritage tree. REGULATORY BACKGROUND The following natural resources are protected under one or more of several Federal, State and/or local regulations, and were considered when analyzing the Project. Waters of the U.S.: protected under the Clean Water Act (CWA), administered by the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps): • Includes wetlands, streams, rivers, and other aquatic habitats meeting the guidance issued by the Corps Waters of the State: protected under the Porter-Cologne Act, administered by the Regional Water Quality Control Board (RWQCB): • Includes surface water or groundwater, including saline waters, within the boundaries of the state, and are generally delineated following the guidance issued by the Corps. Streams, Lakes, and Riparian Habitat: protected under the California Fish and Game Code (CFGC), administered by the California Department of Fish and Wildlife (CDFW): • Includes creeks and rivers (bodies where water flows at least periodically or intermittently through a bed or channel having banks and supports fish or other aquatic life), and vegetation adjacent to associated with such (riparian habitat). 2 Sensitive Natural Communities: protected under the CFGC, administered by the CDFW: • Includes terrestrial vegetation or plant communities that are ranked by NatureServe and considered “threatened” or “endangered” by the CDFW, lists of such are included in List of Vegetation Alliances and Associations (CDFG 2010). Special-status Plant and Wildlife Species including Critical Habitat: protected under one or more of the Federal Endangered Species Act (ESA), California Endangered Species Act (CESA), California Environmental Quality Act (CEQA), administered by the U.S. Fish and Wildlife Service (USFWS), and/or CDFW: • Includes plant listed under the ESA and/or CESA, or those plants ranked by the California Native Plant Society as Rank 1, 2, and (occasionally) 3, and 4. • Includes wildlife listed under the ESA and/or CESA, and those wildlife listed by CDFW as Species of Special Concern or Fully Protected Species, as well as bats listed as Medium or High Priority by the Western Bat Working Group (WBWG). • In addition to regulations for special-status species, most birds in the United States, including non-status species, have baseline legal protections under both the federal Migratory Bird Treaty Act of 1918 (MBTA) and the CFGC. Under these laws/codes, the unauthorized and deliberate “take” (essentially, injury/harm or collection) of covered species is illegal; this protection includes active nests (those with eggs or young). Marin County Stream Conservation Areas: protected by the County’s Countywide Plan (CWP), and administered under the design review process by the Community Development Agency Planning Department. • In Marin County, a Stream Conservation Area (SCA) is designated along all natural watercourses supporting riparian vegetation for a length of 100 feet or more. The SCA consists of the watercourse itself between the tops of the banks and a strip of land extending laterally outward from the top of both banks. • For those ephemeral streams that do not meet these criteria, a minimum 20-foot development setback is required. Development activities that may occur within a SCA are closely regulated by the County and require consideration of impacts of proposed developments on species and habitats during the environmental review process. Marin County Native Tree Protection and Preservation Ordinance: protected under Marin County Municipal code Chapter 22.75, “Native Tree Preservation and Protection”, and administered by the Community Development Agency Planning Department. • Protected trees are defined as native oaks (Quercus spp.), willows (Salix spp.), Sargent cypress (Hesperocyparis sargentii [Cupressus s.]), and madrone (Arbutus menziesii) with a minimum diameter at breast height (DBH; measured 4.5 feet above grade) of six inches, and most other native tree species, including Douglas fir (Pseudotsuga menziesii) and California bay (Umbellularia californica) with a minimum DBH of 10 inches. • Heritage trees are defined as native oaks, willows, Sargent cypress, and madrone with a minimum DBH of 16 inches, and most other native tree species with a minimum DBH of 30 inches. 3 • It is unlawful to remove one or more protected or heritage trees on an undeveloped lot without a tree removal permit, except as provided for in Section 22.75.050 (Exemptions) and as provided for in Section 22.75.080 (Tree Removal Permits) of the Ordinance. • The owner of property upon which protected tree is located may request to remove heritage or protected trees not otherwise exempt from the Ordinance by filling an application for a Tree Removal Permit application. • Tree Removal Permit conditions of approval may include planting of replacement trees at a ratio of up to three new, appropriately sized and installed trees for each protected tree
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