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Inst 2017198520
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Inst 2017198520
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10/21/2017 5:33:41 PM
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10/21/2017 5:33:30 PM
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CM City Clerk-City Council
Document Date (6)
9/11/2017
Recorded Document Type
Agreement to Conditions
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PERM
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for verification by the City of San Leandro Community Development Department. The <br /> construction equipment list shall state the makes, models, and numbers of construction <br /> equipment on site. Equipment shall be properly serviced and maintained in accordance <br /> with manufacturer recommendations. The construction contractor(s) shall ensure that <br /> all nonessential idling of construction equipment is restricted to five minutes or less in <br /> compliance with California Air Resources Board (CARB) Rule 2449. <br /> 3. Prior to issuance of the certification of occupancy, the City of San Leandro shall require <br /> future tenants proposing food processing or food manufacturing operations to prepare <br /> an Odor Management Plan that identifies Project design features, measures, and control <br /> technologies to ensure compliance with BAAQMD Regulation 7, Odorous Substances, <br /> which requires abatement of any nuisance generating an odor complaint. The Odor <br /> Management Plan for food processing/food manufacturing facilities shall be submitted <br /> to the City. During operation of the proposed facility, the City shall conduct periodic <br /> evaluation of on-site odors per the schedule and reporting requirements outlined in the <br /> Odor Management Plan <br /> C. Biological Resources <br /> 1. Adequate measures shall be taken to avoid inadvertent take of bird nests protected <br /> under the federal Migratory Bird Treaty Act and California Department of Fish and <br /> Game Code when in active use. This shall be accomplished by taking the following <br /> steps. <br /> a) If tree removal and initial construction is proposed during the nesting season <br /> (March to August), a focused survey for nesting raptors and other migratory <br /> birds shall be conducted by a qualified biologist within 7 days prior to the onset <br /> of tree and vegetation removal or building demolition, in order to identify any <br /> active nests on the site and surrounding area within 100 feet of proposed <br /> construction. The site shall be resurveyed to confirm that no new nests have <br /> been established if vegetation removal and demolition has not been completed <br /> or if construction has been delayed or curtailed for more than 7 days during the <br /> nesting season. <br /> b) If no active nests are identified during the construction survey period, or <br /> development is initiated during the non-breeding season (September to <br /> February), tree and vegetation removal and building construction may proceed <br /> with no restrictions. <br /> c) If bird nests are found, an adequate setback shall be established around the nest <br /> location and vegetation removal, building demolition, and construction activities <br /> restricted within this no-disturbance zone until the qualified biologist has <br /> confirmed that any young birds have fledged and are able to function outside the <br /> nest location. Required setback distances for the no-disturbance zone shall be <br /> based on input received from the CDFW, and may vary depending on species <br /> and sensitivity to disturbance. As necessary, the no-disturbance zone shall be <br /> fenced with temporary orange construction fencing if construction is to be <br /> initiated on the remainder of the site. <br /> Agreement to Conditions August 3,2017 <br /> PLN17-0003 Page 8 of 19 <br />
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