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20. NESTING BIRDS: The applicant shall retain a qualified biologist to conduct a pre-construction <br /> survey at least 15 days before the onset of construction to verify the presence of any <br /> endangered and/or threatened CDFW and USFWS bird species including burrowing owls, <br /> raptors, and migratory species, if project-construction is scheduled to occur during the nesting <br /> season as defined by the CDFW. If nesting birds are found, the applicant shall establish a <br /> fenced buffer area around the nest that shall be maintained until the young have fledged. <br /> Failure to maintain the fenced buffer area shall result in the immediate issuance of a stop work <br /> order and cessation of activity. Outside the breeding season, no pre-construction breeding bird <br /> surveys are required. (PROJECT SPECIFIC CONDITION) <br /> 21. SAN FRANCISCO DUSKY-FOOTED WOODRAT: The applicant shall retain a qualified biologist <br /> to conduct a pre-construction nest survey at least 15 days before the onset of construction to <br /> verify the presence of active San Francisco Dusky Footed Woodrat nests. All active woodrat <br /> nests that would be directly impacted will be flagged and avoided if feasible. Failure to flag and <br /> avoid an active nest shall result in the immediate issuance of a stop work order and cessation of <br /> activity. If avoidance is not feasible, the nests shall remain undisturbed until the young mature <br /> and leave the nest. The nest material will then be moved to a suitable, permanent natural area <br /> of the site as directed by the biologist. (PROJECT SPECIFIC CONDITION) <br /> 22. ROOSTING BATS: The applicant shall retain a qualified biologist to conduct a pre-construction <br /> bat roost survey at least 15 days before the onset of construction to verify the presence of any <br /> active bat roosts. A combination of visual surveys and acoustic detection equipment will be used <br /> at each potential roost from one hour before sunset, to two hours after sunset. If an active bat <br /> roost is observed, the applicant shall establish and maintain a buffer area around the site until <br /> earthmoving activities are completed or until September. Failure to maintain the buffer area <br /> shall result in the immediate issuance of a stop work order and cessation of activity. (PROJECT <br /> SPECIFIC CONDITION) <br /> 23. BIG TARPLANT: The applicant shall retain a qualified biologist to conduct a pre- construction <br /> survey at least 15 days before the onset of construction to verify the presence of the big tarplant <br /> plant species on the individual building sites. If identified as present on the building sites, the <br /> building site will be subject to a prepared mitigation plan designed to preserve and protect the <br /> affected species from construction-related impacts. (PROJECT SPECIFIC CONDITION) <br /> 24. BIOLOGICAL MEASURES: The statements in Conditions 17 through 22 shall be added to all <br /> site plans, grading plans, and/or improvement plans covering this development and/or the <br /> individual building sites. These same requirements shall apply to the individual home building <br /> sites and shall be added to the design guidelines covering this development. (PROJECT <br /> SPECIFIC CONDITION) <br /> Accessory Dwelling Unit <br /> 25. In no case shall the accessory dwelling unit be sold, subdivided, or held under different legal <br /> ownership from the primary residence. (PROJECT SPECIFIC CONDITION) <br /> 26. If the owner occupies the primary residential unit, the owner may rent the accessory dwelling <br /> unit to one party. If the owner occupies the accessory dwelling unit, the owner may rent the <br /> primary residential unit to one party. The owner may rent both the primary residential unit and <br /> the accessory dwelling unit together to one party who may not further sublease any unit(s) or <br /> portion(s) thereof. The owner shall be a signatory to any lease for the rented units. (PROJECT <br /> SPECIFIC CONDITION) <br /> P18-0109 Planning Commission <br /> Page 4 of 13 <br />