Discussion

The project area is characterized as a mixture of urban and open space lands. Much of the project area is developed in industrial, commercial, residential and transportation uses which contain landscaped areas mostly with non-native plants that provide little habitat for wildlife. Agricultural lands and open space areas are interspersed throughout the project area. Most of these areas are cultivated or contain ruderal vegetation that has low to moderate value for wildlife. A small area of coastal brackish marsh/fresh emergent wetland/ coastal salt marsh/saline emergent wetland occurs along the channel of the Guadalupe River. These areas provide habitat of higher value to wildlife. Development in the area is occurring at a rapid pace, and these areas appear destined to become urbanized in the near future.

1. Most of the project area, including the Nortech Substation site, is located within the Urban Service Area (USA) of the City of San Jose, and is currently part of a plan to conserve burrowing owls (Speotyto cunicularia) and owl habitat and mitigate for the impacts of development throughout the City. The burrowing owl, a California species of special concern, has very low populations (approximately 40 pairs within the City USA), and is considered "threatened" for CEQA purposes according the CEQA guidelines, Section 15380.

   The City of San Jose Owl Conservation Plan, which will be completed in 1998, defines north San Jose as a "Primary Owl Area." Potential habitat for the burrowing owl occurs on the unpaved portion of the vacant parcel for the Nortech Substation site and also occurs along the proposed power line route. Although surveys conducted in the Spring of 1998 did not reveal any individuals or pairs of burrowing owls on the substation site, occupancy of adjacent parcels in the area north of Highway 237 suggests there is high potential for owls to move onto the site in the future, or to use the site at present for foraging. Construction activities associated for the substation may affect individuals using the site and also regional owl populations by further fragmenting habitat in north San Jose. Construction activities for placement of the poles along the Kifer-Nortech and Trimble-Nortech power line route may also affect individuals and burrows known along the route.

   No sensitive birds were observed nesting in the Nortech Substation site or power line project alignment during 1997 and 1998 surveys; however, suitable raptor nesting sites occur in trees in and adjacent to the project corridor. Impacts to sensitive raptor species are not anticipated unless a project area tree is selected as a nesting site, but would be considered a significant impact.

   The 1997 and 1998 surveys detected no cliff swallow or barn swallow nests under the State Route 237 bridge spanning the Guadalupe River, through there is potential for nesting swallows to become established before or during project implementation. Construction disturbances in this area could potentially result in nest abandonment, which is considered a significant impact.

   No special status plants were identified during spring 1998 surveys, therefore impacts to special status plants are not anticipated.

   Mitigation

   The following mitigation measure would reduce the potential impact on burrowing owls or burrowing owl habitat to a less-than-significant level:

   Mitigation Measure VII-a: To avoid direct impact to any burrowing owl or nest, conduct a pre-construction survey no more than 30 days prior to construction according to the Burrowing Owl Survey Protocol and Mitigation Guidelines (Burrowing Owl Consortium 1993). If owls are found to be using the site and avoidance is not feasible, a passive relocation effort (displacing the owls from the site) may be conducted, subject to the approval of the California Department of Fish and Game (CDFG).

For habitat losses, other project sites within the San Jose Urban Service Area have mitigated for impacts by applying a 1:1 acreage replacement ratio, i.e., off-site purchase of land, as compensation for the impact of replacing or providing substitute resources or environments (Guidelines, Section 15370). This type of mitigation is currently seen as less effective than City-wide conservation planning; the plan currently under development by the city will more equitably and logically acquire and allocate conservation land.

Participation by PG&E in the city plan would likely involve paying a fee based on the vacant land acreage to be developed. No specific participation fee has been proposed at this time. It appears that the fee would be considerably less than the cost of purchasing replacement habitat. PG&E would be considered to have mitigated the impacts on burrowing owl habitat with a payment to this program of a per acre fee based on the entire acreage of the site. PG&E participation in the plan, when promulgated in 1999, would constitute full mitigation under CEQA for impacts to burrowing owls. Alternatively, if the city plan is not promulgated in a timely manner, or if PG&E elects not to participate in the plan, PG&E would carry out the following mitigation measures:

Mitigation Measure VII-a-1: PG&E will assess the amount of burrowing owl foraging and/or nesting habitat that could be impacted by construction. The acreage involved will be reported to CDFG. All foraging and nesting habitat that could be lost due to construction activity will be mitigated at a 1:1 ratio with either the purchase of habitat credits or the purchase of offsite mitigation land.

Monitoring Action: PG&E shall monitor activities at the site and document compliance with measure VII-a-1.

PG&E shall certify compliance with this measure in scheduled progress reports to the CPUC.

Responsibility: PG&E shall submit a copy of the pre-construction survey report and ensure compliance with those recommendations.

Timing: Before on-site work begins, PG&E shall provide the CPUC mitigation monitor with verification that a pre-construction survey has been completed.

The following mitigation measure would reduce the potential impact to nesting raptors to a less-than-significant level:

Monitoring action: PG&E shall monitor activities at the site and document compliance with measure VII-b.

PG&E shall certify compliance with this measure in scheduled progress reports to the CPUC.

Responsibility: PG&E shall submit a copy of the pre-construction survey report and ensure compliance with those recommendations.

Timing: Before on-site work begins, PG&E shall provide the CPUC mitigation monitor with verification that a pre-construction survey has been completed.

b) As many as 191 landscape trees greater than 6 inches in diameter at breast height, and some as large as 18 inches in diameter, including documented heritage trees as defined by the City of San Jose, would need to be removed to accommodate the proposed power line alignment. Pursuant to City ordinance, a permit would be obtained from the City for the removal of trees over six-feet tall within the right-of-way of City streets. As a condition of the permit, removed trees would be replaced with trees approved under the City street tree plan. The replacement species would be low-growing trees that are selected in accordance with the San Jose Redevelopment Agency’s landscape plan for Zanker Road.

c) The riparian corridor of the Guadalupe River is a locally designated natural community, but would not be disturbed or indirectly affected by construction or operations of the proposed project facilities.

d) The Guadalupe River provides the only wetland habitat identified in the project vicinity. Wetland habitat in and near the Guadalupe River corridor would not be disturbed or indirectly affected by construction or operation of the proposed project facilities.

e) The only potential wildlife dispersal or migration corridor in the project area is the Guadalupe River. All construction-related activities would take place outside the banks of the Guadalupe River, and would not inhibit wildlife dispersal or migration corridors.

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