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40. The applicant shall work with the Planning Division to identify a suitable enhancement to the cap elements on top of entry/stairwell locations. 41. The landscape plans shall clearly demonstrate landscaping enhancements along garage openings. Environmental Mitigation Measures 42. Mitigation Measure (Construction Period): Prior to the issuance of grading and building permits, project grading and building plans shall reflect that all diesel construction equipment used in project construction shall meet diesel particulate emission standards equivalent to Tier 3 engines (or Tier 2 for equipment greater than 750 horsepower) with Level 3 Verified Diesel Emissions Control Strategy (VDEC) devices. All diesel generators used for project construction shall meet Tier 4 emissions standards. In the event the use of such equipment is determined to be infeasible by the Chief Building Official, the project proponent shall submit a plan demonstrating an alternative method of compliance that achieves an equivalent reduction in construction fleet emissions of diesel particulate matter and other toxic air contaminants. 43. Mitigation Measure (Operational Period): Prior to the issuance of occupancy permits for the project, the project proponent shall demonstrate that each residential unit that will be exposed to toxic air contaminants at levels in excess of the applicable threshold include MERV-13 or equivalent filters capable of at least 90% filtration efficiency for diesel particulate matter. The air quality study (found in Appendix B of the Mitigated Negative Declaration for this project) currently indicates that this may include all units at Site 1. Since the air quality study was intended as a "worst case" analysis and indicates that a further refined analysis based on more detailed project design, such as unit locations and ventilation, may find that fewer units will require such filtration, this measure may be refined in the event that prior to construction, the project proponent may conduct a subsequent refined evaluation of air quality and air filtration system specifications and that the refined evaluation may demonstrate that site specific conditions have changed such that a different type of air filtration system or its application to a smaller number of residential units would continue to ensure that health risks remain below the then pertinent thresholds set forth by the BAAQMD or the City with regard to exposure to toxic air contaminants. 44. Mitigation Measure (Nesting and/or Migratory Birds): If grading or tree removal within the project area is expected to occur during the typical nesting season (February-August), the project applicant shall retained a qualified biologist to perform a pre-construction nest survey in order to confirm the presence of active raptor or migratory bird nests. The survey shall be conducted no more than 30 days prior to ground disturbance or tree removal and the results of the survey shall be submitted to the City immediately upon completion. If there is any lapse in construction activities, and construction resumes during the nesting season, the project applicant shall retain a qualified biologist to conduct new surveys within 30 PUD-81-30-86D and P11-0856 Hacienda TOD Site 2, BRE Conditions of Approval 6 of 33 Mixed-Use Development