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ATTY/RESO.0034/PC RESO RECOMMENDING CEQA APPROVAL – 505 E. BAYSHORE – EXHIBIT B <br />REV: 05-12-23 JB <br />Page 5 of 22 <br />Mitigation Monitoring or Reporting Program <br />505 East Bayshore Road Project (SCH #2021080447) <br />Impacts Mitigation Timeframe for <br />Implementation <br />Responsibility <br />for <br />Implementation <br />Oversight of <br />Implementation <br /> <br /> <br />Biology <br />Impact BIO-1: <br />Construction <br />activities could <br />impact common <br />native nesting birds <br />and special-status <br />birds such as <br />Alameda Song <br />Sparrow and <br />White-Tailed Kite. <br /> <br />Less than <br />Significant Impact <br />with Mitigation <br />Incorporated <br />MM BIO-1.1: For the protection of special-status birds and <br />native nesting birds protected by the Migratory Bird Treaty <br />Act (MBTA) and California Fish and Game Code (CFGC), <br />future project construction activities shall occur from <br />September 1 – January 31 (inclusive) outside of the nesting <br />season, to the extent feasible. <br /> <br />If work cannot be scheduled to occur outside of the nesting <br />season, and project construction activities (grading, staging, <br />etc.,) are initiated during the nesting season (February 1 – <br />August 31, inclusive), a qualified wildlife biologist shall <br />conduct a nesting bird survey no more than 14 days prior to <br />the start of project construction activities, such as grading or <br />staging, and prior to issuance of any grading permit. If no <br />active nests are identified during the surveys, no impacts <br />will occur to birds and work shall progress without <br />restriction. If active nests are identified, a no-disturbance <br />buffer around the nest shall be implemented to avoid <br />impacts to nesting birds. Buffers shall be determined by a <br />qualified biologist, and typically range from 25 feet to 500 <br />feet depending on the species, nest location, and protection <br />status of that species. After an active nest is determined to <br />no longer be active, because of young fledging or predation, <br />the buffer around the nest shall be removed and work shall <br />progress without restriction. <br />Schedule construction <br />between September 1 and <br />January 31, if feasible. If it is <br />not possible to schedule <br />demolition and construction <br />activities between <br />September 1 and January 31, <br />then pre-activity surveys for <br />nesting birds shall be <br />conducted no more than 14 <br />days prior to the initiation of <br />demolition or construction <br />activities. If an active nest is <br />identified, a no-disturbance <br />buffer shall be implemented <br />around the nest immediately <br />and shall stay until the nest <br />is determined to no longer <br />be active. <br /> <br />Project applicant Director of the <br />Community <br />Development and <br />Transportation <br />Department or the <br />Director’s <br />designee <br />