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Inst 2013338131
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Inst 2013338131
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11/7/2013 9:02:40 AM
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11/7/2013 9:02:39 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
4/1/2013
Recorded Document Type
Agreement to Conditions
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PERM
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• <br /> shall be subject to the review and approval of the Community Development <br /> Director who may administratively approve minor changes, or for more <br /> substantial changes, require review by the Board of Zoning Adjustments as a <br /> modification to the Variance. <br /> D. Unless otherwise specified on the approved plans (Exhibits A - C) or in these <br /> Conditions of Approval, the development shall comply with the applicable zoning <br /> standards for the IG Industrial General District, such as but not limited to <br /> standards governing setbacks, building coverage, outdoor storage, and screening, <br /> with the exception of the variance granted to exceed the height limit. <br /> III. MITIGATION OF ENVIRONMENTAL IMPACTS <br /> A. All mitigation measures indicated in the Mitigated Negative Declaration shall be <br /> included and are hereby incorporated as Conditions of Approval. (They are listed <br /> below as letters B. through L.). Said mitigation measures are also listed in the <br /> Mitigation Monitoring Plan and the applicant shall comply with and implement <br /> all provisions of said Mitigation Monitoring Plan (MMP). Note: References to <br /> Department of Fish and Game (DFG) below have been changed to the California <br /> Department of Fish and Wildlife (CDFW). <br /> B. A qualified wildlife biologist, familiar with the species and habitats in the Project <br /> area, will be retained to conduct pre-construction surveys for raptors and nesting <br /> birds within 300 feet of construction activities. The surveys shall be conducted <br /> one week before initiation of construction. If no active nests are detected during <br /> surveys, activities may proceed. If active nests are detected then the applicant <br /> should consult with the Lead Agency and DFG on appropriate buffers. Mitigation <br /> Measure # la in the MMP. (BZA amended this measure by motion at its February <br /> 7, 2013 meeting.). <br /> C. To reduce impacts to raptors, the applicant shall minimize small mammal habitats <br /> from occurring beneath the wind swept area of the turbine. Mitigation Measure <br /> #lb in the MMP. <br /> D. To reduce impacts to avian species from electrocution, all electrical wires shall be <br /> placed underground or follow minimization methods established by the Avian <br /> Power Line Interaction Committee. Mitigation Measure # lc in the MMP. <br /> E. If a state or federally listed species is killed during Project operations without the <br /> appropriate Incidental Take Permit (ITP) under the California Endangered <br /> Species Act (CESA) or the federal Endangered Species Act, the applicant shall <br /> halt all turbine operations immediately. The applicant must consult with the <br /> United States Fish and Wildlife Service (USFWS) and/or California Department <br /> of Fish and Game (DFG). Mitigation Measure # I d in the MMP. <br /> F. If a carcass is found that is federally threatened, endangered or protected by the <br /> Migratory Bird Treaty Act (MBTA), the information shall be reported by a <br /> qualified biologist to USFWS, Office of Law Enforcement, Renewable Energy <br /> Agreement to Conditions April 1, 2013 <br /> PLN20I2-00006 Page 4 of 7 <br />
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