§ 8178-7.7.4.1.1. Bird Nesting Survey.

If tree alteration, transplantation, or removal occurs during the bird nesting season (January 1 through September 15), the Permittee shall provide a Bird Nesting Survey Report that includes, but is not limited to, a schedule for breeding and nesting bird surveys and construction protocols. The bird breeding and nesting protocol shall conform to the following:

a.

A qualified biologist or ornithologist shall perform an initial breeding and nesting bird survey thirty (30) days prior to the initiation of construction or tree modification activities. The project site must continue to be surveyed on a weekly basis with the last survey completed no more than three (3) days prior to the initiation, or re-initiation, of construction or tree modification activities.

b.

All trees to be altered or removed and areas three hundred (300) feet from these trees (or five hundred (500) feet for active raptor nests), shall be surveyed for bird breeding and nesting behaviors, herein called the "survey area."

c.

The qualified biologist or ornithologist shall walk the entire "survey area" to determine if juveniles are present and, if they have fledged any nests, evaluate whether any adults appear to be starting a new clutch (preparing to mate and lay eggs).

d.

After inspecting all trees for active nests in the specific area scheduled for tree alterations or removal, the qualified biologist or ornithologist shall identify those trees containing active nests with temporary fencing, caution tape, flags, ribbons, or stakes.

e.

The qualified biologist or ornithologist shall prepare a Bird Nesting Survey Report that includes but is not limited to the following:

1.

The results of the initial nesting bird survey and a plan for continued surveys.

2.

Protocols and methods that will be implemented to avoid and minimize impacts to nesting birds including establishment of mandatory setback areas during construction of the project.

f.

The qualified biologist or ornithologist shall conduct a pre-construction meeting, to be held no more than three (3) days prior to the initiation of tree altering or removal, to instruct the qualified tree trimmer and permittee to avoid disturbing all trees within the "survey area" during scheduled tree alterations or removal.

g.

In the event the qualified tree trimmer discovers an active nest (eggs, nest construction, other evidence of breeding) not previously identified by the project's qualified biologist or ornithologist, the qualified tree trimmer shall immediately cease all alteration or removal activities in that area of operation and notify both the qualified biologist or ornithologist and the Planning Division. Thereafter, the qualified biologist or ornithologist must perform re-inspection of the tree containing an active nest following the procedures described in this Section.

h.

If active nests are found, construction or tree modification activities within the relevant setback area (i.e., the 500-foot setback for raptors and 300-foot setback for all other birds as described in 8178-7.7.4.1.1.b., above) shall be postponed or halted. If tree alteration or removal activities must be performed within three hundred (300) feet of a tree with an active nest (five hundred (500) feet in the case of an active raptor nest) due to an imminent threat to persons or property, the work must be performed with hand tools.

i.

Construction activities may commence, or re-commence, in the relevant setback area (i.e., the 500-foot setback for raptors and 300-foot setback for all other birds as described in 8178-7.7.4.1.1.b., above) when the nest is vacated (juveniles have fledged) provided that there is no evidence of a second attempt at nesting, as determined by the County-approved biologist.

j.

Inactive/unoccupied nests may be removed only after a qualified biologist or ornithologist documents and photographs the occurrence and confirms that the nests are inactive and unoccupied. Copies of photographs and reports shall be filed with the Planning Division.

(Ord. No. 4492, § 6, 6-21-2016)