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building or grading permit, preconstruction surveys for nesting passerine birds and <br /> raptors (birds of prey) within the project site and the surrounding area of influence <br /> shall be conducted by a qualified biologist prior to the commencement of the tree <br /> removal or site grading activities. If any bird listed under the Migratory Bird Treaty Act <br /> is found to be nesting within the project site or within the area of influence, an adequate <br /> protective buffer zone shall be established by a qualified biologist to protect the <br /> nesting site. This buffer shall be a minimum of 75 feet from the project activities for <br /> passerine birds, and a minimum of 200 feet for raptors. The distance shall be <br /> determined by a qualified biologist based on the site conditions (topography, if the <br /> nest is in a line of sight of the construction and the sensitivity of the birds nesting). <br /> The nest site(s) shall be monitored by a qualified biologist periodically to see if the <br /> birds are stressed by the construction activities and if the protective buffer needs to <br /> be increased. Once the young have fledged and are flying well enough to avoid project <br /> construction zones (typically by August), the project can proceed without further <br /> regard to the nest site(s). <br /> 24.If additional grading is requested, the applicants shall show the scope of the additional <br /> grading on the preliminary grading plan. At the discretion of the Director of Community <br /> Development, a PUD modification to modify the building pad elevation(s) may be <br /> required if it is found that the requested amount of additional grading significantly <br /> differs from the approved plan. There is no guarantee that the PUD modification would <br /> be approved. <br /> 25.All demolition and construction activities, inspections, plan checking, material delivery, <br /> staff assignment or coordination, etc., shall be limited to the hours of 8:00 a.m. to 5:00 <br /> p.m., Monday through Friday. No construction shall be allowed on State or Federal <br /> Holidays. The Director of Community Development may allow earlier "start times" or <br /> later "stop times" for specific construction activities, e.g., concrete pouring. All <br /> construction equipment must meet Department of Motor Vehicles (DMV) noise <br /> standards and shall be equipped with muffling devices. Prior to construction, the <br /> hours of construction shall be posted on site. <br /> 26.AII trucks hauling soil shall be covered with tarpaulins or other effective covers. <br /> 27.Evergreen shrubs shall be planted in front of the retaining walls facing west on both <br /> lots as part of the subdivision improvements. Planting details, including species, <br /> spacing, quantity, and size shall be shown on the final landscape plan for each lot and <br /> is subject to review and approval by the Director of Community Development and City <br /> Landscape Architect. <br /> 28.A final landscape and irrigation plan for both homes shall be submitted to and <br /> approved by the Director of Community Development as part of the building permit <br /> plans set prior to issuance of a building permit. Said landscape plan shall be detailed <br /> in terms of species, location, size, quantities, and spacing. Plant species shall be of <br /> PUD-116, Beringer Page 6 <br />