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Redevelopment Project #2 Area. Kaiser would be expected <br />to contribute funds in the construction of these proposed <br />improvements. <br />Finding: The mitigation measure is feasible and would reduce the <br />impacts of the Project and the Higher Occupancy Scenario to less -than- <br />significant levels. <br />The mitigation measure would reduce the potential impact on air <br />quality by minimizing the amount of exposed soil and dust and by maintaining <br />equipment engines in good condition. The mitigation measure would reduce the <br />potential impact on noise by reducing engine noise and by limiting construction <br />activities to times of day when receptors are less sensitive biological resources <br />I. Construction Impacts- Nesting Birds <br />Potential Impact: Existing trees on the site may provide habitat for <br />nesting birds typically found in urban settings. Proposed project related removal <br />of trees currently existing on the site during nesting season could affect these <br />birds. (Potentially Significant) <br />Mitigation: The following mitigation measure, as set forth in the <br />Initial Study and the FEIR, is hereby adopted and will be implemented as <br />provided in the Mitigation Monitoring Program: <br />Protection of Nesting Birds. To avoid disturbance to birds, their <br />eggs, or their young, the construction contractor shall schedule all tree removal <br />to occur between August 31 and February 1 during the period when birds are not <br />nesting. If this is not feasible, the California Department of Fish and Game would <br />require a pre- construction survey for nesting birds to be conducted no earlier <br />than 45 days and no later than 20 days prior to the removal of any trees or <br />shrubs on the project site. In the event that an active nest is located in trees or <br />shrubs to be removed, clearing and construction within 100 feet (or as <br />determined on a case -by -case basis) shall be postponed until the nest is vacated <br />and a qualified wildlife biologist has determined that juveniles have fledged <br />(typically 3 -4 weeks for most small birds) and there is no evidence of a second <br />attempt at nesting. <br />Finding: The mitigation measure identified above is feasible and <br />would reduce the potentially significant environmental impact described above to <br />a less- than - significant level. <br />The mitigation measure identified above would reduce the <br />potentially significant environmental impact described above to a less -than- <br />significant level by scheduling tree removal during the seasons when birds are <br />not nesting. <br />