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Ordinance No.2245 <br /> Page 13 of 37 <br /> • Project applicants shall retain a qualified air quality consultant to <br /> prepare a Health Risk Assessment (HRA) in accordance with the <br /> BAAQMD requirements to determine the exposure of project <br /> residents/occupants/users to air pollutants prior to PUD approval. The <br /> HRA shall be submitted to the Community Development Department <br /> for review and approval. The applicant shall implement the approved <br /> HRA mitigation measure recommendations, if any, to reduce exposure <br /> to TACs below BAAQMDs threshold of significance at the time of <br /> project approval. (This paragraph of the measure has already been <br /> implemented.) <br /> b. Outdoor Air Quality. To the maximum extent practicable, individual, and <br /> common exterior open space, including playgrounds, patios, and decks, shall <br /> either be shielded from the source of air pollution by buildings or otherwise <br /> buffered to further reduce air pollution for project occupants. (This paragraph <br /> of the measure has already implemented.) <br /> MM 4.0-1 a. Pre-construction Breeding Bird Surveys. The City shall ensure that <br /> prior to development of all potential sites for rezoning (Sites 1-4, 6-11, 13, 14, and <br /> 16-21) and each phase of project activities that have the potential to result in <br /> impacts on breeding birds, the project applicant shall take the following steps to <br /> avoid direct losses of nests, eggs, and nestlings and indirect impacts to avian <br /> breeding success: <br /> • If grading or construction activities occur only during the nonbreeding season, <br /> between August 31 and February 1, no surveys will be required. <br /> • Pruning and removal of trees and other vegetation, including grading of <br /> grasslands, should occur whenever feasible, outside the breeding season <br /> (February 1 through August 31). <br /> • During the breeding bird season (February 1 through August 31) a qualified <br /> Biologist will survey activity sites for nesting raptors and passerine birds not <br /> more than 14 days prior to any ground-disturbing activity or vegetation <br /> removal. Surveys will include all line-of-sight trees within approximately 500 <br /> feet (for raptors) and all vegetation (including bare ground) within <br /> approximately 250 feet for all other species. <br /> • Based on the results of the surveys, avoidance procedures will be adopted, if <br /> necessary, on a case-by-case basis. These may include construction buffer <br /> areas (up to several hundred feet in the case of raptors) or seasonal <br /> avoidance. <br /> • Bird nests initiated during construction are presumed to be unaffected, and <br /> no buffer would be necessary except to avoid direct destruction of a nest or <br /> mortality of nestlings. <br /> • If pre-construction surveys indicate that nests are inactive or potential habitat <br /> is unoccupied during the construction period, no further mitigation is required. <br /> Trees and shrubs that have been determined to be unoccupied by nesting or <br /> other special-status birds may be pruned or removed. <br />