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Ordinance No.2220 Page 7 of 26 10. PRE-CONSTRUCTION BURROWING OWL SURVEYS: No more than 30 days prior to any ground disturbing activities, a qualified biologist shall conduct a preconstruction/take avoidance survey for burrowing owls using methods described in Appendix D of the California Department of Fish and Wildlife (CDFW) Staff Report on Burrowing Owl Mitigation (Staff Report) (CDFW 2012). If no owls are detected during the initial take avoidance survey, a final survey shall be conducted within 24 hours prior to ground disturbance to confirm that owls are still absent. If present and no nesting has begun, nest exclusion doors or avoidance buffers may be used as negotiated with CDFW. No disturbance should occur within 50 meters (approximately 160 feet) of occupied burrows during the nonbreeding season of September 1 through January 31 or within 75 meters (approximately 250 feet) during the breeding season of February 1 through August 31. Avoidance also requires that a minimum of 6.5 acres of foraging habitat be preserved contiguous with occupied burrow sites for each pair of breeding burrowing owls (with or without dependent young) or single unpaired resident bird. It is recommended that an initial burrowing owl survey be performed during December and early January. If owls are discovered, passive relocation of the owls can take place. If owls are discovered after February 1, the owls must be left on site and a 250-foot buffer established until September 1. (Project Specific Condition) 11. PRE-CONSTRUCTION BAT SURVEY: The following measures shall be implemented in order to avoid "take" of special-status bats prior to the removal of any existing trees or structures on the project site: - a) A bat habitat assessment shall be conducted by a qualified bat biologist during seasonal periods of bat activity (i.e., February 15 - April 15 and August 15 — October 30) to determine suitability of each existing trees as bat roost habitat. b) Structures found to have no suitable openings, therefore considered to contain no bats, can be considered clear for project activities as long as they are maintained so that new openings do not occur. c) Structures found to provide suitable roosting habitat, but without evidence of use by bats, may be sealed until project activities occur, as recommended by the bat biologist. Structures with openings and exhibiting evidence of use by bats shall be scheduled for humane bat exclusion and eviction, conducted during appropriate seasons, and under supervision of a qualified bat biologist. d) Bat exclusion and eviction shall only occur between February 15 and April 15, and from August 15 through October 30, in order to avoid take of non-volant (non—flying or inactive, either young, or seasonally torpid) individuals. Prior to issuance of a building or grading permit, a qualified wildlife biologist experienced in surveying for and identifying bat species shall survey the portion of the oak/bay woodland habitat if tree removal is proposed to determine if any special—status bats reside in the trees. Any special—status bats identified shall be removed without harm. Bat houses sufficient to shelter the number of bats removed shall be erected in open space areas that would not be disturbed by project development. A written report prepared by a qualified biologist documenting survey results shall be submitted to the Director of Community Development for review and approval. (Project Specific Condition) 12. PRE-CONSTRUCTION DUSKY-FOOTED WOODRAT SURVEY: Prior to commencing any construction-related activities, as determined by the biologist, that may result in the destruction of dusky-footed woodrat nests, surveys shall be conducted by a qualified biologist to determine the occurrence of the nests. If found, construction fencing shall be installed around the nest at a distance specified by the biologist to avoid impacts, and a