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31. <br /> <br />32. <br /> <br />33. <br /> <br />34. <br /> <br />Construction of the proposed project could result in the disturbance <br />of active raptor nests, which are protected under California State <br />Fish and Game (CSFG) Code Section Code Section 3503.5. If <br />grading is to begin during the raptor nesting season (February 1 to <br />August 31), a focused survey for raptor nests shall be conducted by a <br />qualified biologist during the nesting season. The survey shall be <br />conducted no less than fourteen (14) days, and no more than thirty <br />(30) days, prior to the beginning of grading and/or tree removal. If <br />nesting raptors are found during the focused survey, no grading or <br />tree removal shall occur within five hundred feet (500' 0") of an <br />active nest until the young have fledged - as determined by a <br />qualified biologist - or until the project developer receives written <br />pemiission from CSFG personnel to proceed. The written findings <br />of the biologist shall be provided to the Planning Director within <br />thirty (30) days of the start of grading. <br /> <br />The project developer shall submit the improvement plans, tract <br />grading plans, and building permit construction plans to Ralph <br />Osterling Consultants, Inc. for review in order to determine that site- <br />specific measures required to preserve the existing trees designated <br />for preservation during construction are being implemented with the <br />plans. The consultant's comments shall be submitted to the Planning <br />Director and to the City's Landscape Architect and shall be <br />incorporated onto the final site plans, grading plans, improvement <br />plans, etc., prior to issuance of a grading, on-site, and/or building <br />permits. No tree-trimming and/or pruning would occur unless <br />supervised by a horticultural consultant. <br /> <br />The project developer shall arrange for the consultant to conduct a <br />field inspection of the construction site(s) prior to issuance of <br />grading permits to ensure that all pre-construction recommendations <br />have been properly implemented. The consultant shall then certify <br />in writing to the Planning Director that the recommendations have <br />been followed prior to start of construction. <br /> <br />For the existing trees that would be located on private lots, the <br />project developer shall record a discltsure/deed restriction on the lot <br />stating that the existing trees on these lots 'are to be preserved and <br />maintained by the homeowner: The disclosure/deed restriction shall <br />state the measures to be employed by the homeowner to preserve <br />these trees, e.g., not planting tuff beneath the drip line/canopy of an <br />existing oak tree. The disclosures/deed restriction shall also describe <br />the permit procedures for removing any existing tree. The <br /> <br />Conditions of Approval, PUD-5, Centex Homes' Apperson Ridge <br /> Page 16 <br /> <br />June 5.2001 <br /> <br /> <br />