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ORD 2284
City of Pleasanton
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ORD 2284
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9/3/2024 9:07:17 AM
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CITY CLERK
CITY CLERK - TYPE
ORDINANCES
DOCUMENT DATE
8/20/2024
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Ordinance No. 2284 <br />Page 17 of 40 <br />on Burrowing Owl Mitigation" by the CDFW (2012). <br />o If burrowing owls are present at the site during the non -breeding period, a <br />qualified biologist will establish a no -activity zone of at least 150 feet. <br />o If an effective no -activity zone cannot be established in either case, an <br />experienced burrowing owl biologist will develop a site-specific plan (i.e., a plan <br />that considers the type and extent of the proposed activity, the duration and <br />timing of the activity, the sensitivity and habituation of theowls, and the <br />dissimilarity of the proposed activity with background activities) to minimize the <br />potential to affect the reproductive success of the owls. <br />• U.S. Army Corps of Engineers Authorization — If any impacts are to occur to Corps <br />jurisdictional wetlands or waters, then a Section 404 Nationwide or Individual <br />permit will be required. <br />• State Authorization — If any impacts are to occur to wetlands or waters subject to <br />CDFW or RWQCB jurisdiction (Waters of the State), then a Section 401 permit will <br />be required, and a Streambed Alteration Agreement may be required. <br />• On -Site Wetland/Waters Mitigation — If work proposed on the Property includes <br />impacts to Corps or State jurisdictional features, then on-site mitigation will be <br />implemented. The proposed Project currently includes the design of on-site <br />mitigation to be provided at a 2:1 ratio. The mitigation features will be constructed <br />in portions of the Property currently identified as upland areas. This on-site <br />mitigation would reduce project impacts to jurisdictional features to "less than <br />significant". <br />• Rare Plant Survey — While special -status plants are not likely to occur on the <br />Property, a rare plant survey of the Property in accordance with CDFW and CNPS <br />guidelines should be within one year of the start of construction to ensure that <br />impacts to special -status plants are less than significant. The survey should be <br />scheduled to coincide with the identified blooming or identification periods for those <br />species having potential to occur (April through June). Any rare, threatened, or <br />endangered plant species that are observed should be identified and mapped. If <br />any of these species are found, consultation with the USFWS and/or CDFW may <br />be required regarding appropriate mitigation. Mitigation will likely include <br />avoidance of the population or collection and redistribution of seeds. <br />Pre -Construction Avian Survey — If Project construction -related activities take <br />place during the nesting season (February through August), preconstruction <br />surveys for all nesting birds (including waterfowl, passerines, raptors, and other <br />birds) within and adjacent to (within 1,000 feet) the Property should be conducted <br />by a competent biologist 14 days prior to the commencement of the tree removal <br />or site grading activities. Surveys should focus on areas where birds are likely to <br />nest, including trees, shrubs, grasslands, rock faces, stream banks, or under eves <br />of structures. If any bird listed under the Migratory Bird Treaty Act is found to be <br />nesting within the project site or within the area of influence, an adequate <br />protective buffer zone should be established by a qualified biologist to protect the <br />nesting site. This buffer shall be a minimum of 75 feet from the project activities for <br />small passerine birds, and a minimum of 250 feet for raptors. The distance shall <br />be determined by a competent biologist based on the site conditions (topography, <br />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 competent biologist periodically <br />
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