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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 />353