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BIOLOGICAL RESOURCES 38. Participation in HCP: The Tentative Maps shall comply with the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan (SJCMSCP), including all required take avoidance and pre - construction survey requirements. Alternatively, if the SJCMSCP terminates, the Tentative Maps may proceed with the implementation of the Mountain House Habitat Management Plan, contained within the Master Plan Appendix 7-B, pursuant to the terms of Section 3.11 of the Master Plan Development Agreement between San Joaquin County and Trimark Communities, L.L.C. [SPII Implementation Measure 7.3.1 (1)] Timing: The applicant shall submit a biologist's report of pre -construction surveys to the San Joaquin County Community Development Department (CDD) prior to the issuance of grading permits for the project. 39. Endangered Species Act: In carrying out the operations of each Tentative Map, the applicant shall take no action that violates the California Endangered Species Act or the Federal Endangered Species Act. Compliance with said laws shall be the sole responsibility of the applicant and the applicant agrees to indemnify, defend and hold the County harmless from and against any claim or action by affected State agencies, or affected Federal agencies or other third party, as to the project's compliance with said laws. [SPII Implementation Measure 7.3.1 (2)] Timing: Improvement plans prior to Final Maps and ongoing. 40. Wetland Mitigation. Wetlands mitigation shall provide for the creation of wetlands to replace those which would be lost, if any. Mitigation, if required by the Clean Water Act, shall occur within the Mountain House and Dry Creek corridors. [SPII Implementation Measure 7.3.2 (1)] 41. Buffering. Where preserved wetlands provide valuable habitat to wildlife, protective fencing, screening or buffers shall be provided where necessary to minimize disruption of habitat areas. [SPII Implementation Measure 7.3.2 (2)] 42. Fencing Requirements. Buffer zones along wetland restoration areas shall be temporarily fenced during construction so as to minimize the potential for inadvertent impacts from construction activities. [SPII Implementation Measure 7.3.2 (4)] The applicant shall retain a qualified biologist or wetlands specialist to stake, using easily -observable flagging, the boundaries of all wetlands to be protected. The applicant shall organize and convene pre -construction conferences between the contractor and the project biologist or wetlands specialist to ensure that grading contractors recognize the importance of these resources and avoid all flagged areas. Timing: Improvement plans prior to commencement of grading operations adjacent to wetlands. AIR QUALITY 43. Residential Emissions: Construction plans for residential dwellings shall incorporate the following items: • Natural gas lines outlets shall be provided to backyards to encourage usage of natural gas barbecues. • 220 volt electrical outlets for recharging electric automobiles shall be provided in each garage. Electrical outlets shall be located on the outside of single family homes to accommodate electric lawn maintenance equipment and electric barbecues. • No wood burning fire places, unless otherwise provided by the San Joaquin Valley Air Pollution Control District ("SJVAPCD"). If fireplaces are designed to be natural gas heating appliances of a zero clearance design, there is no limitation on the number of fireplaces per unit. • Low nitrogen oxide (NOx) emitting and/or high efficiency water heaters shall be required for all dwelling units. Resolution Template 01/2017