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Ordinance No. 1987 <br />38. <br />The developer shall comply with the recommendations of the noise study entitled <br />“Busch/Ironwood Active Adult Project, Pleasanton, CA – Environmental Noise <br />Update” by Illingworth & Rodkin, Inc., dated April 9, 2008. Details of the noise <br />mitigations shall be submitted in conjunction with the plans submitted for <br />issuance of building permits and shall be subject to the review and approval by <br />the Director of Community Development prior to issuance of building permits for <br />the project. The applicant’s noise consultant shall review the applicable noise <br />mitigations shown on the building permit plans to ensure that the <br />recommendations have been properly incorporated into the design. The <br />consultant shall certify in writing that such recommendations have been followed. <br /> <br />39. <br />A qualified biologist shall conduct pre-construction surveys for burrowing owls <br />within 30 days of the onset of ground disturbance (e.g., grading). If the surveys <br />were to determine that burrowing owls occupy the site during the non-breeding <br />season (September 1 through January 31), then a relocation effort shall be <br />conducted by the applicant as indicated in the “Initial Study Biotic Evaluation, <br />Ironwood 55+” by Live Oak Associates, Inc., dated May 28, 2008, to ensure that <br />the owls are not harmed or injured during construction. Should burrowing owls <br />be detected on the site or immediately adjacent lands (i.e., within 250 feet of the <br />site boundary) during the breeding season (February 1 through August 31), then <br />a construction-free buffer of at least 250 feet shall be established around all <br />active owl nests. The buffer areas shall be enclosed with temporary fencing, and <br />construction equipment and workers shall not enter the enclosed setback areas. <br />Buffers shall remain in place for the duration of the breeding season or until <br />young are independent. After the breeding season, an eviction process for any <br />remaining owls may take place as described above. <br /> <br />40. <br />If grading is to occur during the raptor-nesting season (February 1 to August 31), <br />a focused survey for raptor nests in the adjacent trees shall be conducted by a <br />qualified biologist during the nesting season. The survey shall be conducted no <br />less than 14 days and no more than 30 days prior to the beginning of grading. If <br />nesting raptors are found during the focused survey, no grading shall occur <br />within 500 feet of an active nest until the young have fledged (as determined by a <br />qualified biologist), or until the project applicant receives written authorization <br />from California Department of Fish and Game to proceed. <br /> <br />41. <br />All site improvements and construction activities shall be limited to the hours of <br />8:00 a.m. to 5:00 p.m., Monday through Friday. In addition, no construction shall <br />be allowed on Saturday, Sunday, and Federal and State Holidays. The Director <br />of Community Development may allow earlier “start times” or later “stop times” <br />only for specific construction activities (e.g., concrete-foundation/floor pouring), if <br />it can be demonstrated to the satisfaction of the Director of Community <br />Development that the construction and construction traffic noise of the modified <br />construction hours will not affect nearby residents. All construction equipment <br />must meet DMV noise standards and shall be equipped with muffling devices. <br />Prior to construction, the applicant shall post on the site the allowable hours of <br />construction activity. <br /> <br /> <br />