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<br />36. The developer shall require by contract specifications that materials that <br />do not require painting be used during construction to the extent feasible. <br />Contract specifications shall be included in the proposed project <br />construction documents, which shall be reviewed and approved by the <br />City of Santa Ana Planning and Building Agency staff. <br /> <br />37. The developer shall require by contract specifications that pre-painted <br />construction materials be used to the extent feasible. Contract <br />specifications shall be included in the proposed project construction <br />documents, which shall be reviewed and approved by the City of Santa <br />Ana Planning and Building Agency staff. <br /> <br />38. To ensure that avian species of concern, protected migratory species <br />(e.g., MBTA), or raptors species are not injured or disturbed by <br />construction in the vicinity of nesting habitat, the project applicant shall <br />implement the following measures: <br /> <br />a. When feasible, all tree removal shall occur between August 30 and <br />February 15 to avoid the breeding season of any raptor species <br />that could be using the area, and to discourage hawks from nesting <br />in the vicinity of an upcoming construction area. This period may <br />be modified with the authorization of the DFG; or if it is not feasible <br />to remove trees outside this window then, prior to the beginning of <br />mass grading, including grading for major infrastructure <br />improvements, during the period between February 15 and August <br />30, all trees within 350 feet of any grading or earthmoving activity <br />shall be surveyed for active raptor nests by a qualified biologist no <br />more than 30 days prior to disturbance. If active raptor nests are <br />found, and the site is within 350 feet of potential construction <br />activity, a fence shall be erected around the tree(s) at a distance of <br />up to 350 feet, depending on the species, from the edge of the <br />canopy to prevent construction disturbance and intrusions on the <br />nest area. The appropriate buffer shall be determined by the City in <br />consultation with CDFG. <br /> <br />b. No construction vehicles shall be permitted within restricted areas <br />(Le., raptor protection zones), unless directly related to the <br />management or protection of the legally protected species. <br /> <br />c. In the event that a nest is abandoned, despite efforts to minimize <br />disturbance, and if the nestlings are still alive, the developer shall <br />contact CDFG and, subject to CDFG approval, fund the recovery <br />and hacking (controlled release of captive reared young) of the <br />nestling(s). <br /> <br />Resolution No. 2007-028 <br />Page 15 of 25 <br />