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equivalent filters capable of at least 90% filtration efficiency for diesel particulate matter. The air <br /> quality study (found in Appendix B of the Mitigated Negative Declaration for this project) currently <br /> indicates that this may include all units at Site 1. Since the air quality study was intended as a <br /> "worst case" analysis and indicates that a further refined analysis based on more detailed project <br /> design, such as unit locations and ventilation, may find that fewer units will require such filtration, <br /> this measure may be refined in the event that prior to construction, the project proponent may <br /> conduct a subsequent refined evaluation of air quality and air filtration system specifications and <br /> that the refined evaluation may demonstrate that site specific conditions have changed such that a <br /> different type of air filtration system or its application to a smaller number of residential units would <br /> continue to ensure that health risks remain below the then pertinent thresholds set forth by the <br /> BAAQMD or the City with regard to exposure to toxic air contaminants. <br /> 44. Mitigation Measure (Nesting and/or Migratory Birds): If grading or tree removal within the project <br /> area is expected to occur during the typical nesting season (February-August), the project <br /> applicant shall retained a qualified biologist to perform a pre-construction nest survey in order to <br /> confirm the presence of active raptor or migratory bird nests. The survey shall be conducted no <br /> more than 30 days prior to ground disturbance or tree removal and the results of the survey shall <br /> be submitted to the City immediately upon completion. If there is any lapse in construction <br /> activities, and construction resumes during the nesting season, the project applicant shall retain a <br /> qualified biologist to conduct new surveys within 30 days of the re-initiation of construction <br /> activities. The results on the new surveys shall be submitted to the City immediately upon <br /> completion. If nesting birds are found during the survey, the qualified biologist in coordination with <br /> the City shall determine and establish an appropriate buffer around the active nest. Exclusionary <br /> fencing shall be established outside the proposed project footprint to prohibit project activity from <br /> entering into the buffer area for a time period appropriate for the species, as set forth by the <br /> qualified biologist. The exclusionary fencing shall remain in place until the qualified biologist <br /> confirms that the young have fledged. All required buffers shall be shown on construction plans <br /> and submitted to the City. If construction activities or tree removal are proposed to occur during <br /> the non-breeding season (September-January), a survey would not be required, nor any further <br /> studies or mitigation. <br /> 45. Mitigation Measure (Western Burrowing Owl): No more than 30 days prior to the initiation of <br /> grading or construction activities on the project site, a qualified biologist shall conduct a protocol- <br /> level preconstruction survey for the burrowing owls, in adherence to all pertinent requirements and <br /> guidelines. If more than 30 days passes between completion of the survey and initiation of <br /> grading or construction activities, the preconstruction survey shall be repeated. If any survey <br /> indicates the presence of burrowing owls on the project site, the project applicant shall notify the <br /> City. The applicant shall engage a qualified biologist to establish appropriate exclusion zones <br /> around each occupied burrow in which no construction related activity will occur until a qualified <br /> biologist confirms that the burrow(s) are no longer occupied. During the breeding season <br /> (February 1 through August 31), exclusion zones shall be at least 250 feet in diameter; this may be <br /> reduced to 160 feet in diameter during the non-breeding season (September 1 through January <br /> 31). If destruction of occupied burrows is unavoidable during the non-breeding season <br /> (September 1 through January 31), passive relocation techniques (e.g., installing one-way doors at <br /> burrow entrances) shall be used instead of trapping and active relocation. At least one week of <br /> passive relocation techniques will be necessary to allow owls to acclimate to alternate burrows. <br /> Climate Action Plan <br /> 46. The applicant shall separate fee-based parking from home rents/purchase prices or office leases <br /> to increase affordability for those without a vehicle(s). <br /> 47. The applicant and/or project developer shall provide electric and plug-in hybrid vehicle <br /> infrastructure charging stations in both on street and off-street parking locations for public and <br /> private use. The locations of the charging stations shall be shown on the plans submitted to the <br /> Building and Safety Division for plan check to the satisfaction of the Director of Community <br /> PUD-81-30-86D and P11-0856 Hacienda TOD Site 2, BRE <br /> Conditions of Approval 5 of 24 Mixed-Use Development <br />