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31. Construction of the proposed project could result in the disturbance of active raptor nests, which are protected under California State Fish and Game (CSFG) Code Section Code Section 3503.5. If grading is to begin during the raptor nesting season (February 1 to August 31), a focused survey for raptor nests shall be conducted by a qualified biologist during the nesting season. The survey shall be conducted no less than fourteen (14) days, and no more than thirty (30) days, prior to the beginning of grading and/or tree removal. If nesting raptors are found during the focused survey, no grading or tree removal shall occur within five hundred feet (500' 0") of an active nest until the young have fledged — as determined by a qualified biologist — or until the project developer receives written permission from CSFG personnel to proceed. The written findings of the biologist shall be provided to the Planning Director within thirty(30) days of the start of grading. 32. The project developer shall submit the improvement plans, tract grading plans, and building permit construction plans to Ralph Osterling Consultants, Inc. for review in order to determine that site- specific measures required to preserve the existing trees designated for preservation during construction are being implemented with the plans. The consultant's comments shall be submitted to the Planning Director and to the City's Landscape Architect and shall be incorporated onto the final site plans, grading plans, improvement plans, etc., prior to issuance of a grading, on-site, and/or building permits. No tree-trimming and/or pruning would occur unless supervised by a horticultural consultant. 33. The project developer shall arrange for the consultant to conduct a field inspection of the construction site(s) prior to issuance of grading permits to ensure that all pre-construction recommendations have been properly implemented. The consultant shall then certify in writing to the Planning Director that the recommendations have been followed prior to start of construction. 34. For the existing trees that would be located on private lots, the project developer shall record a disclosure/deed restriction on the lot stating that the existing trees on these lots are to be preserved and maintained by the homeowner. The disclosure/deed restriction shall state the measures to be employed by the homeowner to preserve these trees, e.g., not planting turf beneath the drip line/canopy of an existing oak tree. The disclosures/deed restriction shall also describe the permit procedures for removing any existing tree. The Conditions of Approval,PUD-5,Centex Homes'Apperson Ridge June 5.2001 Page 16