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Biological Resources Site Assessment Report Hana Japan Steak House Project Site, Pleasanton, California APN: 941-1710-101 Page 7 6.1 Nesting Birds The ruderal herbaceous vegetation provides nesting opportunities for ground nesting birds. Similarly, there are oak trees bordering the southwestern side of the project site that could be utilized by nesting songbirds and raptors. To avoid impacts to nesting birds, a nesting survey should be conducted within 7 days of commencing with grubbing, grading, construction work or tree removal if this work would commence between February 1st and September 1st. The nesting survey should include an examination of all trees, shrubs, and the ground onsite (for ground- nesting birds) and within 100 feet of the entire project site (i.e., within a zone of influence of nesting birds), not just trees slated for removal. The zone of influence includes those areas outside the project site where birds could be disturbed by earth-moving vibrations and/or other construction-related noise. Since passerine birds can quickly inhabit an area and build a nest, if site work does not commence within 7 days of the nesting survey, another survey should be conducted to ensure that no impacts occur to nesting birds. If birds are identified nesting on or within the zone of influence of the construction project, a qualified biologist should establish a temporary protective non-disturbance buffer around the nest(s). The non-disturbance buffer should be staked with orange construction fencing. The buffer must be of sufficient size to protect the nesting site from construction-related disturbance and should be established by a qualified ornithologist or biologist with extensive experience working with nesting birds near and on construction sites. Typically, adequate nesting buffers are 50 feet from the nest site or nest tree dripline for common passerine birds and up to 100 feet for special-status passerine birds and up to 300 feet for nesting raptors (i.e., birds of prey). A qualified ornithologist/biologist who frequently works with nesting birds should prescribe adequate nesting buffers to protect the nesting birds from harm while the project is constructed. This buffer should be monitored daily for the first week of construction to make sure the nesting birds are not affected by the work activities onsite and that the buffer size does not need to be increased. Once it is determined through direct observations that the birds are not agitated by the site work, monitoring can be reduced to once a week. No construction or earth-moving activity should occur within any established nest protection buffer prior to September 1st unless it is determined by a qualified ornithologist/biologist that the young have fledged (that is, left the nest) and have attained sufficient flight skills to avoid project construction zones, or that the nesting cycle is otherwise completed. In the region of the project site, most species complete nesting by mid-July. This date can be significantly earlier or later, and would have to be determined by the qualified biologist. At the end of the nesting cycle, and fledging from the nest by its occupants, as determined by a qualified biologist, temporary nesting buffers may be removed, and grading and construction may commence in established nesting buffers without further regard for the nest site. Implementation of the above mitigation measures would reduce impacts to nesting birds to a level considered less than significant.