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<br />The report recommends the removal of the following four trees: <br /> <br />Trees Tree Species Reasons for Removal <br />No. 97 Coast live oak Impacted by the proposed <br /> private court <br />No. 98 -100 California bay laurcl Impacted by the proposed <br /> retaining wall on Lot 3 <br /> <br />To mitigate the removal of four heritage trces in good to moderate condition, a condition of <br />approval has bcen added that all new trecs plantcd by the applicant be a minimum of24-inch <br />box in size and pay a fec in the amount of the appraised value less the value of the 24-inch box. <br />Applicant may choose to replant at a ratio to exhaust the appraised valued. A condition of <br />approval has been included to address this issue. <br /> <br />Biological Assessment: At staffs rcquest, a Biological Assessmcnt Report was prepared by <br />WRA Environmental Consultants. The report identified the following wildlife Special Status <br />Species: <br /> <br />. White-tailed kite (Elanus leucurus), a USFWS Species of Concerns, has a moderate <br />potential to occur on the subject site. The white-tailed kite builds nests in oak, willow, <br />eucalyptus, cottonwood, and other deciduous trees. Oak trees throughout the subject site <br />provides suitable nesting habitat, and open grasslands provide suitable foraging habitat. <br /> <br />. Coopcr's hawk (Accipiter cooperii), a California Department ofFish & Game (CDFG) <br />Species of Special Concern, has a moderate potential to occur on the subject. Cooper's <br />hawk is an agile bird of prey, fecding primarily on songbirds caught in flight. Oak <br />woodland habitat within the subject site provides suitable breeding a foraging habitat for <br />this species. <br /> <br />. The loggerhead shrike (Lanius ludovicianus) is a USFWS Species of Concern and a <br />CDFG Species of Special Concern with a moderate potential to occur on the subject site. <br />It prefers open habitats that have scattered shrubs, posts, or other perches from which to <br />rest and hunt. The oak trees provide suitable nesting habitat and lizards and insects <br />located on the subject site provide a suitable source of food. <br /> <br />Although all ofthe bird species have a moderate potential to occur at the site, breeding birds are <br />protected under the migratory Bird Trcaty Act that prohibits the disturbance or harm of breeding <br />birds and their eggs. The report recommends that the initial ground disturbance and <br /> <br />Case No. PUD-44 <br /> <br />Planning Commission <br /> <br />Page - 7 - <br />