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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. 45. 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. 46. 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 days of the re-initiation of construction activities. The results on the new surveys shall be submitted to the City immediately upon completion. If nesting birds are found during the survey, the qualified biologist in coordination with the City shall determine and establish an appropriate buffer around the active nest. Exclusionary fencing shall be established outside the proposed project footprint to prohibit project activity from entering into the buffer area for a time period appropriate for the species, as set forth by the qualified biologist. The exclusionary fencing shall remain in place until the qualified biologist confirms that the young have fledged. All required buffers shall be shown on construction plans and submitted to the City. If construction activities or tree removal are proposed to occur during the non-breeding season (September-January), a survey would not be required, nor any further studies or mitigation. 47. Mitigation Measure (Western Burrowing Owl): No more than 30 days prior to the initiation of grading or construction activities on the project site, a qualified biologist shall conduct a protocol- level preconstruction survey for the burrowing owls, in adherence to all pertinent requirements and guidelines. If more than 30 days passes between completion of the survey and initiation of grading or construction activities, the preconstruction survey shall be repeated. If any survey indicates the presence of burrowing owls on the project site, the project applicant shall notify the City. The applicant shall engage a qualified biologist to establish appropriate exclusion zones around each occupied burrow in which no construction related activity will occur until a qualified biologist confirms that the burrow(s) are no longer occupied. During the breeding season (February 1 through August 31), exclusion zones shall be at least 250 feet in diameter; this may be reduced to 160 feet in diameter during the non-breeding season (September 1 through January 31). If destruction of occupied burrows is unavoidable during the non-breeding season (September 1 through January 31), passive relocation techniques (e.g., installing one-way doors at burrow entrances) shall be used instead of trapping and active relocation. At least one week of passive relocation techniques will be necessary to allow owls to acclimate to alternate burrows. Climate Action Plan 48. The applicant shall separate fee-based parking from home rents/purchase prices or office leases to increase affordability for those without a vehicle(s). PUD-85-08-12D and P11-0856 Hacienda TOD Site 1, BRE Conditions of Approval 5 of 25 Mixed-Use Development