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These measures shall be shown on the building permit plan set submitted to the Director <br /> of Community Development for review and approval before issuance of the first building <br /> permit <br /> 29 The State of California's Green Building Standards Code, "CALGreen," shall apply, if <br /> applicable <br /> 30 Consistent with the Alameda County Watercourse Protection Ordinance, no new grading <br /> or development shall be allowed within 20 feet of the top of bank, or edge of riparian <br /> vegetation, whichever is further from the creek centerline Plans submitted for Minor <br /> Subdivision and Final Map shall clearly label this line as the Creek Setback Line and the <br /> area as a designated creek easement area All setbacks shall be measured from the Creek <br /> Setback Line <br /> 31 The project developer shall enter into an agreement with the City, approved by the City <br /> Attorney, which guarantees that all landscaping and open space areas included in this <br /> project will be maintained at all times in a manner consistent with the approved landscape <br /> plan for this development Said agreement shall run with the land for the duration of the <br /> existence of the structures located on the subject property <br /> 32 Rare Plant Survey A rare plant survey shall be conducted prior to any construction <br /> activities to document the extent of Congdon's tar plant this species on the site Congdon's <br /> tar plant blooms between June through November and shall be surveyed during this time <br /> period by a qualified biologist to determine the precise locations If possible, seed shall be <br /> collected or the plants collected for redistribution if these areas are to be impacted by <br /> proposed development <br /> 33 Pre-Construction Bird Survey: If project construction-related activities takes place during <br /> the nesting season (February 1 through September 15), prior to issuance of a building or <br /> grading permit, preconstruction surveys for nesting passerine birds and raptors (birds of <br /> prey) within the project site and the surrounding area of influence shall be conducted by a <br /> qualified biologist prior to the commencement of the tree removal or site grading activities <br /> If any bird listed under the Migratory Bird Treaty Act is found to be nesting within the project <br /> site or within the area of influence, an adequate protective buffer zone shall be established <br /> by a qualified biologist to protect the nesting site This buffer shall be a minimum of 75 feet <br /> from the project activities for passerine birds, and a minimum of 200 feet for raptors The <br /> distance shall be determined by a qualified biologist based on the site conditions <br /> (topography, if the nest is in a line of sight of the construction and the sensitivity of the birds <br /> nesting) The nest site(s) shall be monitored by a qualified biologist periodically to see if <br /> the birds are stressed by the construction activities and if the protective buffer needs to be <br /> 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 regard to <br /> the nest site(s) <br /> 34 Pre-construction Burrowing Owl Surveys No more than 30 days prior to any ground <br /> disturbing activities, a qualified biologist shall conduct a preconstruction/take avoidance <br /> Case No PUD-114, 11300 Dublin Canyon City Council <br /> Page 7 of 26 <br />