Reso 2022-085 Approving Third Addendum and Planning Entitlements

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Compliance with Migratory Bird Treaty Act and relevant sections of the California Fish and Game Code to avoid loss of nests in active use. This shall be accomplished by scheduling tree removal and building demolition outside of the bird nesting season (which occurs from February 1 to August 31) to avoid possible impacts on nesting birds if new nests are established in the future. Alternatively, if tree removal and building demolition cannot be scheduled during the non -nesting season (September 1 to January 31), a pre -construction nesting survey shall be conducted pursuant to Mitigation Measure BIO-1C. The survey shall be completed by a qualified wildlife biologist no more than 14 days prior to the start of tree removal. If active nests are identified, a no disturbance buffer of 25-500 feet (depending on species and setting) would be established around each nest until the young are fledged or the nest becomes inactive. Where avoidance of a regulated tree is not feasible, replacement tree plantings shall be provided prior to plan check approval as part of the final landscape plan. 29. The Applicant/Developer shall comply with San Leandro Zoning Code Section 4.16.112 and shall comply with the requirements of Mitigation Measure BIO-5A prior to tree removal. 30. The Applicant/Developer shall comply with the requirements of the approved Tree Report. All construction contracts shall identify these requirements and shall be acknowledged by the contractor. Adequate measures defined in the tree report to protect all trees to be preserved shall be incorporated and demonstrated on applicable plans. This shall include installation of temporary construction fencing at the perimeter of the protected area, restrictions on construction within the fenced areas unless approved as a condition of the application and performed under the supervision of the certified arborist, and prohibition on parking or storing of vehicles and other construction equipment within the protected area. Where avoidance of a regulated tree is not feasible, replacement tree plantings shall be provided prior to plan check approval as part of the final landscape plan. 31. Tree removal, landscape grubbing, building demolition, and other construction activities, such as grading and utility installation shall be performed in compliance with the Migratory Bird Treaty Act and relevant sections of the California Fish and Game Code to avoid loss of nests in active use. This shall be accomplished by scheduling tree removal and building demolition outside of the bird nesting season (which occurs from February 1 to August 31) to avoid possible impacts on nesting birds if new nests are established in the future. Alternatively, if tree removal and building demolition cannot be scheduled during the non -nesting season (September 1 to January 31), a pre -construction nesting survey shall be conducted pursuant to Mitigation Measure BIO-1C. The survey shall be completed by a qualified wildlife biologist no more than 14 days prior to the start of tree removal. If active nests are identified, a no disturbance buffer of 25-500 feet (depending on species and setting) would be established around each nest until the young are fledged or the nest becomes inactive. Prior to Grading Permit Issuance 32. Prior to grading permit issuance, the Applicant/Developer shall submit plans and show construction details for relocating the golf cart and pedestrian crossing across Fairway Drive between the Nine Hole Executive Golf Course and the Golf Course Main Parking lot on the Improvement Plans, Grading Plans and Final Landscape Plans. Trail crossings of streets shall have curb cuts, ramps, signs, and Recommended Conditions of Approval June 21, 2022 PLN22-0008, PLN21-0020 & PLN21-0021 Page 7 of 39