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I.Bat Preconstruction Survey. Prior to project construction, the project applicant <br />and/or its contractor shall retain a qualified biologist to perform a bat survey no <br />more than three days prior to the start of construction activities. If the survey <br />does not identify the presence of occupied roosts, no additional action is <br />required. If the biologist identifies roosts occupied by special-status bat species <br />within disturbance areas, the biologist shall safely flush the bats from the sites <br />where roosting habitat is planned to be removed, prior to the onset of <br />construction activities. The roosting sites shall be removed during the time of <br />day when the roost is unoccupied. Roosts shall not be flushed during the <br />breeding season(between March 1 and July 31). <br />2. Nesting Bird Preconstruction Surveys/Migratory Bird Treaty Act. If clearing <br />and/or construction activities will occur during the raptor or migratory bird <br />nesting season (February 15—August 15), the project applicant and/or its <br />contractor shall retain a qualified biologist to conduct preconstruction surveys <br />for nesting birds up to 14 days before construction activities. The qualified <br />biologist shall survey the construction zone and a 500-foot buffer surrounding <br />the construction zone to determine whether the activities taking place have the <br />potential to disturb or otherwise harm nesting birds. Surveys shall be repeated if <br />project activities are suspended or delayed for more than 15 days during nesting <br />season. If active nest(s) are identified during the preconstruction survey, a <br />qualified biologist shall establish a 100-foot no-activity setback for migratory <br />bird nests and a 250-foot setback for raptor nests. No ground disturbance should <br />occur within the no-activity setback until the nest is deemed inactive by the <br />qualified biologist. <br />B.Geology And Soils <br />I.Geotechnical Report. The project applicant shall comply with the <br />recommendations outlined in the geotechnical report prepared by Earth Systems <br />Pacific (2016). The report includes recommendations for general site <br />preparation, demolition and building pad preparation, basement demolition, <br />compaction, fill, foundations, interior slab-on-grade construction, exterior <br />flatwork, asphalt pavement sections, concrete pavement, lime treatment, utility <br />trenches, site drainage and finish improvements, and geotechnical observation <br />and testing. <br />C. The project shall comply with the mitigations measures and polices listed in the <br />Consistency Memorandum, which were derived from the 2035 General Plan <br />Environmental Impact Report EIR. <br />IV. ADDITIONAL PLAN SUBMITTALS <br />A. Prior to issuance of building permits, the developer shall submit final landscape and <br />irrigation plans for the review and approval of the Zoning Enforcement Official and <br />Principal Engineer. Said plans shall include all setbacks and planters adjacent to the <br />driveway. At a minimum, the planting plan shall include trees with a minimum size of <br />Agreement to Conditions April 21,2017 <br />NLN 17-0005 Page 5 of 14723