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e. Space shall be provided for a solar-water-heating tank. These measures shall be shown on the building permit plan set submitted to the Director of Community Development for review and approval before issuance of the first building permit. 29. The State of California's Green Building Standards Code, "CALGreen," shall apply, if applicable. 30. Consistent with the Alameda County Watercourse Protection Ordinance, no new grading or development shall be allowed within 20 feet of the top of bank, or edge of riparian vegetation, whichever is further from the creek centerline. Plans submitted for Minor Subdivision and Final Map shall clearly label this line as the Creek Setback Line and the area as a designated creek easement area. All setbacks shall be measured from the Creek Setback Line. 31. The project developer shall enter into an agreement with the City, approved by the City Attorney, which guarantees that all landscaping and open space areas included in this project will be maintained at all times in a manner consistent with the approved landscape plan for this development. Said agreement shall run with the land for the duration of the existence of the structures located on the subject property. 32. Rare Plant Survey: A rare plant survey shall be conducted prior to any construction activities to document the extent of Congdon's tar plant this species on the site. Congdon's tar plant blooms between June through November and shall be surveyed during this time period by a qualified biologist to determine the precise locations. If possible, seed shall be collected or the plants collected for redistribution if these areas are to be impacted by proposed development. 33. Pre-Construction Bird Survey: If project construction-related activities takes place during the nesting season (February 1 through September 15), prior to issuance of a building or grading permit, preconstruction surveys for nesting passerine birds and raptors (birds of prey) within the project site and the surrounding area of influence shall be conducted by a qualified biologist prior to the commencement of the tree removal or site grading activities. If any bird listed under the Migratory Bird Treaty Act is found to be nesting within the project site or within the area of influence, an adequate protective buffer zone shall be established by a qualified biologist to protect the nesting site. This buffer shall be a minimum of 75 feet from the project activities for passerine birds, and a minimum of 200 feet for raptors. The distance shall be determined by a qualified biologist based on the site conditions (topography, if the nest is in a line of sight of the construction and the sensitivity of the birds nesting). The nest site(s) shall be monitored by a qualified biologist periodically to see if the birds are stressed by the construction activities and if the protective buffer needs to be increased. Once the young have fledged and are flying well enough to avoid project construction zones (typically by August), the project can proceed without further regard to the nest site(s). Case No. PUD-114, 11300 Dublin Canyon City Council Page 7 of 26