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3. Implementation of Mitigation Measures 4.0 -la and 4.E-1 set forth in Table 6-1 of the Final SEIR and listed in the MMRP will ensure that Impact 4.E- 1 a would be reduced to a less -than -significant level and are hereby incorporated by reference and described below. (2012 SEIR) Modified Mitigation Measure 4.C -la: Pre -construction Breeding Bird Surveys. The City shall ensure that prior to development of all potential sites for rezoning (Sites 1-4, 6-11, 13, 14, and 16-21) and each phase of project activities that have the potential to result in impacts on breeding birds (e.g., tree removal or demolition of buildings or bridges), the project applicant shall take the following steps to avoid direct losses of nests, eggs, and nestlings and indirect impacts to avian breeding success: o If grading or construction activities occur only during the non -breeding season, between August 31 and February 1, no surveys will be required. o Pruning and removal of trees and other landscaped vegetation, including grading of grasslands, should occur whenever feasible, outside the breeding season (February 1 through August 31). o During the breeding bird season (February 1 through August 31) a qualified biologist will survey project sites for nesting raptors and passerine birds not more than 14 days prior to any ground -disturbing activity or vegetation removal. Surveys will include all line -of -sight trees within 500 feet (for raptors) and all vegetation within 250 feet for all other species. o Based on the results of the surveys, avoidance procedures will be adopted, if necessary, on a case-by-case basis. These may include construction buffer areas (up to several hundred feet in the case of raptors) or seasonal avoidance. o Bird nests initiated during construction are presumed to be unaffected by project activities, and no buffer would be necessary except to avoid direct destruction of a nest or mortality of nestlings. o If pre -construction surveys indicate that nests are inactive or potential habitat is unoccupied during the construction period, no further mitigation is required if work is initiated within 14 days of the survey. Trees and shrubs that have been determined to be unoccupied by nesting or other special - status birds may be pruned or removed within 14 days of the pre - construction survey. Should activities be delayed beyond 14 days, pre - construction surveys shall be repeated prior to the start of work. Site(s) affected: All sites within the proposed Zone. Mitigation Measure 4.E-1: Pre -Construction Bat Surveys. Conditions of approval for building and grading permits issued for demolition and construction on sites within the EDZ area shall include a requirement for pre -construction special -status bat surveys when large trees constituting suitable habitat for roosting bats (e.g. trees with cavities or trees with bark that could be used for roosting such as eucalyptus and redwood) are to be removed or underutilized or vacant buildings are to be demolished. 27