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HomeMy WebLinkAboutPA2022-0309_20230214_Biological Assessment316 Monrovia Avenue Long Beach, CA 90803 562-477-2181 robb@hamiltonbiological.com H AMILTON B IOLOGICAL February 13, 2023 Mr. Timothy Hawke Strata Realty 2433 Pomona Road Corona, CA 92878 SUBJECT: BIOLOGICAL ASSESSMENT AND ESHA EVALUATION 1007 MARINERS DRIVE, NEWPORT BEACH, CALIFORNIA Dear Mr. Hawke, At your request, Hamilton Biological, Inc., has conducted a Biological Assessment and ESHA evaluation, as required by the City of Newport Beach (City) for the planned dem- olition of an existing residence and building of a new residence on a 16,998 square foot (0.39-acre) property at 1007 Mariners Drive (APN 117 663 02). See Figures 1 and 2. Figure 1. The property is located in the Dover Shores community of Newport Beach. Aerial Source: Google Earth Pro. Figure 1. Regional Location Scale 1 inch = 1.1 miles Hamilton Biological Biological Assessment & ESHA Report, 1007 Mariners Drive, Newport Beach Hamilton Biological, Inc. February 13, 2023 Page 2 of 23 Figure 2. The 0.39-acre property is located in a residential neighborhood near the western terminus of Mari- ners Drive, adjacent to Upper Newport Bay Regional Park. An occupied single-family home and landscaping currently exist on the property. Aerial Source: Google Earth Pro. The goals of the biological assessment were: (1) to characterize the site’s vegetation; (2) to identify the plant and wildlife species present, or potentially occurring, on and near the site, including listed and otherwise sensitive species; (3) to make recommendations concerning identification and protection of potential Environmentally Sensitive Habitat Areas (ESHA) on or adjacent to the site; and (4) to evaluate the potential biological im- pacts of the proposed project in the context of the applicable local, state, and federal planning regulations and policies. This letter report describes the study’s methods, re- ports my observations, and specifies my recommendations and conclusions. METHODS On February 6, 2023, I reviewed the relevant City GIS planning report on the property (https://nbgis.newportbeachca.gov/NewportHTML5Viewer/?viewer=publicsite) and Title 21 of the City Municipal Code, the Local Coastal Program Implementation Plan (https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach21/NewportBeach21.html). On February 6, 2023, I accessed Calflora (www.calflora.org) and the California Native Plant Society’s Online Inventory (www.rareplants.cnps.org) and searched for sensitive plant species known from coastal sage scrub and coastal bluff scrub communities in Or- ange County. Figure 2. Project Vicinity Scale 1 inch = 190 feet Hamilton Biological Biological Assessment & ESHA Report, 1007 Mariners Drive, Newport Beach Hamilton Biological, Inc. February 13, 2023 Page 3 of 23 On February 6, 2023, I reviewed the California Natural Diversity Data Base (2023a, 2023b, 2023c) to develop a list of a list of sensitive plant and wildlife species recorded in the U.S. Geologic Survey’s Newport Beach, Seal Beach, Los Alamitos, Anaheim, Orange, Tustin, and Laguna Beach 7.5’ topographic quadrangles. On February 6, 2023, I visited the property and adjacent areas. The site visit lasted from 12:50 to 1:30 p.m. Temperature was 66° F; skies were clear; wind was 3–5 mph. I rec- orded all plant and wildlife species detected on and adjacent to the property during the site visit. To obtain relevant information on invasive exotic plants, I accessed the California Inva- sive Plant Council’s web page (https://www.cal-ipc.org/plants/profiles/) and the US Department of Agriculture’s web page (https://www.invasivespeciesinfo.gov/). RESULTS Topography and Surrounding Land Uses The property is completely developed in the existing condition, consisting of a graded building pad near the eastern terminus of Mariners Drive, east of Galaxy Drive, within the Dover Shores community. Single-family homes are located adjacent to the property on the north and south; Mariners Drive is adjacent to the property on the west; and to the east lies City-designated Open Space associated with the west side of Upper New- port Bay. Elevations on the property range from approximately 44 to 55 feet above mean sea level. No streambeds, seasonal drainage courses, or undeveloped land occur on the project site. Soils According to Soilweb (https://casoilresource.lawr.ucdavis.edu/soilweb-apps), soils on the property consist of Calleguas clay loam, 50 to 75 percent slopes, eroded and Ma- rina loamy sand, 2 to 9 percent slopes. The Calleguas series consists of very shallow and shallow, well drained soils formed on uplands, hills and mountains in material weathered from sedimentary rocks. The Marina soils have grayish brown and brown, slightly and moderately acid, loamy sand A horizons, light brown, moderately and strongly acid, loamy sand B2 horizons with lamellae and light brown and pink, moder- ately acid, sand C horizons. Biological Resources Please refer to the attached species lists for the scientific names of all species recorded during the surveys. In the following discussions, scientific names are provided only for plant species, and for and wildlife species not recorded during the surveys. Biological Assessment & ESHA Report, 1007 Mariners Drive, Newport Beach Hamilton Biological, Inc. February 13, 2023 Page 4 of 23 Vegetation The property is completely developed in the existing condition, and does not support any natural plant communities. Vegetation on the property consists of exotic landscap- ing that includes Evergreen Pear (Pyrus kawakamii), Natal Plum (Carissa macrocarpa), Jap- anese Cheesewood (Pittosporum tobira), Brazilian Pepper (Schinus terebinthifolia), Olean- der (Nerium oleander), Winterborn Philodendron (Philodendron xanadu), Trailing African Daisy (Osteospermum fruticosum), Algerian Ivy (Hedera canariensis), Indian Hawthorn (Rhaphiolepis indica), Slender Chalk Sticks (Curio talinoides), and Blue Fescue (Festuca glauca). Scattered in the landscaping are various non-native weeds, such as Spanish False Fleabane (Pulicaria paludosa), Fourleaf Allseed (Polycarpon tetraphyllum), Nursery Bittercress (Cardamine occulta), and Red-seeded Dandelion (Taraxacum erythrospermum). A few native shrub species occur on the site, mainly along the eastern property bound- ary, at the top of the bluff; these include Lemonade Berry (Rhus integrifolia), Coyote Brush (Baccharis pilularis), California Buckwheat (Eriogonum fasciculatum), and Canada Horseweed (Erigeron canadensis). The native plants consist of a few individuals growing among the exotic landscaping and do not comprise a native plant community. Per the California Invasive Plant Council and/or the U.S. Department of Agriculture, one plant that occurs on the site, Algerian Ivy, is known to be invasive and potentially harmful to natural communities. Photos 1–3, below, and on the following page are representative images showing exist- ing conditions on the property. Photo 1. Showing the center of the property as viewed facing northeast. The large Evergreen Pear trees in the courtyard were in full bloom at the time of this photo. Biological Assessment & ESHA Report, 1007 Mariners Drive, Newport Beach Hamilton Biological, Inc. February 13, 2023 Page 5 of 23 Photo 2. Eastern property line, viewed facing southeast with Upper Newport Bay in the background. This narrow interface between the landscaped yard and native scrub is dominated by non-native plants. Photo 3. Eastern property line, viewed facing north from near the southeastern corner of the property. The foreground of the photo shows Algerian Ivy, a non-native invasive species that is spreading into the adjacent natural open space. Biological Assessment & ESHA Report, 1007 Mariners Drive, Newport Beach Hamilton Biological, Inc. February 13, 2023 Page 6 of 23 Wildlife One lizard species, the Western Fence Lizard, was detected on the property. Seven bird species were detected on the property: Allen’s Hummingbird, American Crow, Swinhoe’s White-Eye, Cedar Waxwing, House Finch, and Song Sparrow No mammals were observed. SENSITIVE BIOLOGICAL RESOURCES Sensitive species are listed as threatened or endangered by state or federal govern- ments, or are of current local, regional or state concern (see California Natural Diversity Database 2023a, 2023b, 2023c). Legal protection for sensitive species varies widely, from the relatively comprehensive protection extended to listed threatened/endangered spe- cies to no legal status at present. No listed or otherwise sensitive plant species were observed during the field visit. One special-status wildlife species, a Yellow Warbler, was observed, as discussed subse- quently. The following Table A includes plant and wildlife species known from coastal strand and coastal bluff habitats in the project vicinity, as determined through review of the literature. Table A uses the following abbreviations: • E Endangered (listed by State or Federal governments). “Take” of the species or disturbance of occupied habitat are prohibited unless specifically authorized. • FP Fully Protected by the State of California. These species may not be taken or possessed at any time, although take may be authorized for necessary scien- tific research. • T Threatened (listed by State or Federal governments). “Take” of the spe- cies or disturbance of occupied habitat are prohibited unless specifically au- thorized. • SSC Species of Special Concern. The California Department of Fish and Wild- life has designated certain vertebrate species as Species of Special Concern be- cause declining population levels, limited ranges, and/or continuing threats have made them vulnerable to extinction. The goal of designating species as Species of Special Concern is to halt or reverse their decline by calling attention to their plight and addressing the issues of concern early enough to secure their long term viability. Not all Species of Special Concern have declined equally; some species may be just starting to decline, while others may have already reached the point where they meet the criteria for listing as a Threatened or En- dangered species under the State and/or Federal Endangered Species Acts. Biological Assessment & ESHA Report, 1007 Mariners Drive, Newport Beach Hamilton Biological, Inc. February 13, 2023 Page 7 of 23 • CNPS California Native Plant Society. Table A includes plant species assigned the following ranks by CNPS: o 1A, referring to species CNPS presumes to be extinct. o 1B.1, referring to species CNPS considers to be rare, threatened, or endangered in California and elsewhere; seriously threatened in California (over 80% of occurrences threatened / high degree and immediacy of threat). o 1B.2, referring to species CNPS considers to be rare, threatened, or endangered in California and elsewhere; moderately threatened in California (20-80% of occur- rences threatened / moderate degree and immediacy of threat). o 1B.3, referring to species CNPS considers to be rare, threatened, or endangered in California and elsewhere; not very threatened in California (less than 20% of occur- rences threatened / moderate degree and immediacy of threat). o 2B.2, referring to species CNPS considers to be rare, threatened, or endangered in California, but more common elsewhere; moderately threatened in California (20- 80% occurrences threatened / moderate degree and immediacy of threat). o 4.1, referring to species of limited distribution or infrequent throughout a broader area in California, whose status should be monitored regularly; moderately threat- ened in California (>80% occurrences threatened / moderate degree and immediacy of threat). o 4.2, referring to species of limited distribution or infrequent throughout a broader area in California, whose status should be monitored regularly; moderately threat- ened in California (20-80% occurrences threatened / moderate degree and immedi- acy of threat). o 4.3, referring to species of limited distribution or infrequent throughout a broader area in California, whose status should be monitored regularly; not very threatened in California (less than 20% of occurrences threatened / low degree and immediacy of threat or no current threats known). • NatureServe Element Rankings. In some cases, species have not been granted special status by state or federal agencies, but they may be recognized as eco- logically sensitive by the California Natural Diversity Database, which uses a ranking methodology maintained by NatureServe. Species are given a Global rank (G-rank) that applies to the taxon’s entire distribution, and a State rank (S- rank) that applies to the taxon’s state distribution. Taxa with rankings of G1, G2, G3, S1, S2, or S3 may be considered “sensitive” and potentially worthy of spe- cial consideration in resource planning. NatureServe Element Rankings are identified in Table A only for taxa that have no other Federal, State, or CNPS special status. If no rank provided, either the taxon’s rank is above G3/S3 (and is thus considered “apparently secure” or “secure” at global and state levels) or the taxon is not yet ranked. NatureServe Ranks: o G1, Critically Imperiled, referring to taxa at very high risk of extinction due to extreme rarity ( often 5 or fewer populations), very steep declines, or other factors. o G2, Imperiled, referring to taxa at high risk of extinction due to very restricted range, very few populations (often 20 or fewer), steep declines, or other factors. Biological Assessment & ESHA Report, 1007 Mariners Drive, Newport Beach Hamilton Biological, Inc. February 13, 2023 Page 8 of 23 o G3, Vulnerable, referring to taxa at moderate risk of extinction due to a restricted range, relatively few populations (often 80 or fewer), recent and widespread declines, or other factors. o S1, Critically Imperiled, referring to taxa critically imperiled in the state because of ex- treme rarity (often 5 or fewer populations) or because of factor(s) such as very steep de- clines making it especially vulnerable to extirpation from the state. o S2, Imperiled, referring to taxa imperiled in the state because of rarity due to very re- stricted range, very few populations (often 20 or fewer), steep declines, or other factors making it very vulnerable to extirpation from the state. o S3, Vulnerable, referring to taxa vulnerable in the state due to a restricted range, rela- tively few populations (often 80 or fewer), recent and widespread declines, or other fac- tors making it vulnerable to extirpation from the state. Table A. Sensitive Species Latin name Common name Fed State CNPS Local and/or Regional Status Discussion Plants Aphanisma blitoides Aphanisma — G3G4 /S2 1B.2 Found on coastal bluffs and strand in Orange County. Not present. Would have been visible during the field survey but was not observed. Atriplex coulteri Coulter’s Saltbush — G3/S1 S2 1B.2 Found in openings on coastal bluffs and coastal sage scrub. Very low potential for oc- currence due to disturbed condition of vegetation. Would have been visible during the field survey but was not observed. Centromadia parryi ssp. australis Southern Spikeweed — G3T2/ S2 1B.1 Found in seasonally moist areas around the margins of Upper Newport Bay, often in disturbed areas. Not present. Would have been visible during the field survey but was not observed. Cistanthe maritima Seaside Cistanthe — G3G4 /S3 4.2 Found on coastal bluffs and strand in Orange County. Very low potential for oc- currence due to disturbed condition of vegetation. Would have been visible during the field survey but was not observed. Euphorbia misera Cliff Spurge — G5/S2 2B.2 Found on coastal bluffs and strand in Orange County. Not present. Would have been visible during the field survey but was not observed. Isocoma menziesii var. decumbens Decumbent Goldenbush — G3G5 T2T3/ S2 1B.2 Few records from Laguna Beach/Corona del Mar area. Very low potential for oc- currence due to disturbed condition of vegetation. Would have been visible during the field survey but was not observed. Lycium californicum California Box-Thorn — G4/S4 4.2 Found on coastal bluffs in Orange County. Not present. Would have been visible during the field survey but was not observed. Biological Assessment & ESHA Report, 1007 Mariners Drive, Newport Beach Hamilton Biological, Inc. February 13, 2023 Page 9 of 23 Latin name Common name Fed State CNPS Local and/or Regional Status Discussion Malacothrix saxatilis var. saxatilis Cliff Malacothrix — G5T4/ S4 4.2 Found on coastal bluffs in Orange County. Low potential for occur- rence due to disturbed condition of vegetation. Would have been visible during the field survey but was not observed. Pentachaeta aurea ssp. allenii Allen’s Daisy — G4T1/ S1 1B.1 Known from scattered lo- cations in Orange County, in coastal sage scrub and chaparral. Not present. Would have been visible during the field survey but was not observed. Quercus dumosa Nuttall’s Scrub-Oak — G3/S3 1B.1 Found in coastal sage scrub and maritime chap- arral in coastal Orange County. Not present. Would have been visible during the field survey but was not observed. Suaeda taxifolia Woolly Seablight — G4/S4 4.2 Found on coastal bluffs and strand in Orange County. Not present. Would have been visible during the field survey but was not observed. Invertebrates Bombus crotchii Crotch’s Bumblebee — S1S2 — Historical and recent records scattered around southern California. Very low potential to occur due to disturbed condition of vegetation. Reptiles Phrynosoma blainvillii Coast Horned Lizard — SSC — Found in expansive natural areas with sandy openings and native harvester ants. Very low potential to occur due to disturbed condition of vegetation. Aspidoscelis hyperythra Orange- throated Whiptail — SSC — Widespread in the region, in various natural habitats with sandy soil. Very low potential to occur due to disturbed condition of vegetation. Anniella stebbinsi Southern California Legless Lizard — SSC — Local in a variety of habitats with sandy soil or deep leaf-litter. Very low potential to occur due to disturbed condition of vegetation. Crotalus ruber Red Diamond Rattlesnake — SSC — Widespread in the region, in brushy and rocky habitats. Very low potential to occur due to disturbed condition of vegetation. Birds Circus hudsonius Northern Harrier — SSC — Nests on the ground in expansive open space areas; more widespread during migration and winter. Expected to fly over the site occasionally. Biological Assessment & ESHA Report, 1007 Mariners Drive, Newport Beach Hamilton Biological, Inc. February 13, 2023 Page 10 of 23 Latin name Common name Fed State CNPS Local and/or Regional Status Discussion Polioptila californica californica Coastal California Gnatcatcher T SSC — Resident in coastal sage scrub habitat, including at Upper Newport Bay. Very low potential to occur due to the steepness of the bluff adjacent to the prop- erty and invasion of the slope by non-native trees and shrubs that do not pro- vide suitable habitat. Campylorhyn- chus brunneicapillus Cactus Wren, coastal populations — SSC — Rare and declining resident of cactus scrub habitat, including at Upper Newport Bay. Very low potential to occur due to lack of suitable habitat. Setophaga petechia Yellow Warbler — SSC — Nests in well-developed riparian woodlands throughout much of Orange County No suitable nesting habitat on the site. Small numbers expected to pass through the property regularly during migration. Mammals Antrozous pallidus Pallid Bat — SSC — Widespread in chaparral and similar habitats, for- aging on the ground and in vegetation. Roosts in rock crevices and under tree bark. Maternal roosts active between March and August. Very low potential to occur on the project site due to lack of natural communities. OVERVIEW OF REGULATIONS PROTECTING NESTING BIRDS Federal Migratory Bird Treaty Act The federal Migratory Bird Treaty Act (MBTA) of 1918 implemented the 1916 Conven- tion between the U.S. and Great Britain (for Canada) for the protection of migratory birds. Later amendments implemented treaties between the U.S. and Mexico, the U.S. and Japan, and the U.S. and the Soviet Union (now Russia). At the heart of the MBTA is this language: Establishment of a Federal prohibition, unless permitted by regulations, to “pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry, or cause to be carried by any means whatever, receive for shipment, transportation or carriage, or export, at any time, or in any manner, any migratory bird, included in the terms of this Convention . . . for the protection of migratory birds . . . or any part, nest, or egg of any such bird.” (16 U.S.C. 703) Biological Assessment & ESHA Report, 1007 Mariners Drive, Newport Beach Hamilton Biological, Inc. February 13, 2023 Page 11 of 23 California Fish and Game Code Section 3503 of the California Fish and Game Code states, “It is unlawful to take, pos- sess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by this code or any regulation made pursuant thereto.” Thus, in California, it remains a po- tential State offense to knowingly disrupt an active nest of virtually any native bird spe- cies. The term “active nest” is not clearly defined in the Fish and Game Code, and in some circumstances may be left to the discretion of the biologist in the field. DISCUSSION OF COASTAL RESOURCE PROTECTION REQUIREMENTS Title 21 of the City of Newport Beach Municipal Code is the Implementation Plan that provides guidance to the City for implementing the California Coastal Act under its cer- tified Local Coastal Program. The following discussions pertain to coastal resource pro- tection policies in the Implementation Plan, and include ESHA recommendations. 21.28.040 Bluff (B) Overlay District. D.8.a. 1310-1542 and 1638-2018 (even numbers only) Galaxy Drive and 930 and 1001- 1033 (odd numbers only) Mariner’s Drive (Subject to Marine Erosion). I. Development Area A. Between the front property line and (A) a line not less than twenty-five (25) feet from the bluff edge or (B) the rear setback line, whichever is more restrictive, for principal structures and major accessory structures such as guest- houses and swimming pools. II. Development Area B. Between the seaward boundary of Area A and a line not less than ten (10) feet from the bluff edge (not all lots may have an Area B). III. Development Area C. All portions of the lot not located in Area A or Area B (not all lots have an Area C). No development allowed in Area C. Development Area A allows for the development and use of principal and accessory structures. Development Area B allows for accessory structures, such as barbeques, play equipment, patios, hot tubs, terraces, benches, and guardrails. No development is al- lowed in Area C. Figure 3, on the following page, shows the property in relation to Development Areas A, B, and C, based on distances from the top of the bluff. Biological Assessment & ESHA Report, 1007 Mariners Drive, Newport Beach Hamilton Biological, Inc. February 13, 2023 Page 12 of 23 Figure 3. Development Area A (principal structure and major accessory structures) includes the entire property west of the green line, which corresponds to 25 feet from the top of the bluff (denoted with a light blue line). Development Area B (smaller accessory structures) lies between the green and dark blue lines, 10 to 25 feet from the top of the bluff. Development Area C (no development) consists of the remainder of the property, west of the dark blue line. These lines are approximate; planning should be based upon surveyed lines. 21.30.030 Natural Landform and Shoreline Protection. 2. Landscaping and Irrigation. In addition to the standards in Section 21.30.075 (Landscap- ing), the following standards shall apply: a. Plant material shall provide a transition area between developed areas and natural hab- itats and shall be drought-tolerant and either native or noninvasive to minimize the need for irrigation beyond initial plant establishment. b. The selection and siting of landscaping materials shall minimize impacts to public views at maturity. c. Permanent irrigation shall not be allowed on or near a bluff or canyon protected by ded- ication to the Upper Newport Bay Nature Preserve or dedicated as open space as part of a planned residential development. Temporary irrigation (e.g., above ground sprayers, mi- crosprayers, drip irrigation, etc.) may be allowed on a case-by-case basis as necessary to establish native or naturalized plant materials. Temporary irrigation shall be removed upon establishment of the plant materials. Figure 3. Development Areas Scale 1 inch = 37 feet Hamilton Biological Biological Assessment & ESHA Report, 1007 Mariners Drive, Newport Beach Hamilton Biological, Inc. February 13, 2023 Page 13 of 23 d. Irrigation systems shall be designed to minimize coastal bluff and canyon erosion. Water- efficient systems (e.g., drip, mini-spray, bubbler-type, or similar drip systems) shall be used on bluff and canyon faces and within fifty (50) feet of a bluff edge or canyon edge. Low-flow sprinkler heads with matched precipitation rates shall be used when spray or rotor-type heads are specified for watering shrubs and groundcover areas. On the property, these requirements pertain to landscaping along the eastern boundary, adjacent to the Upper Newport Bay dedicated Open Space. 21.30B.020 Initial Site Resource Survey. The property is located within 100 feet of an Environmental Study Area (ESA) indicated in Map 4-1 (Environmental Study Areas) in the Coastal Land Use Plan. Therefore, this biological report is required to “identify the presence or potential for wetlands or sensi- tive habitat, vegetation or wildlife species on the site.” 21.30B.030 Environmentally Sensitive Habitat Areas. This discussion reviews all of Section 21.30B.030 (A to G), and includes the required rec- ommendation for designation of ESHA and ESHA buffer in the project vicinity. A. ESHA Designation. Any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments shall be desig- nated as an environmentally sensitive habitat area (ESHA). 1. Exceptions. ESHAs do not include the following areas: a. Existing developed areas; and b. Existing fuel modification areas required by the City of Newport Beach Fire Department or the Orange County Fire Authority for existing, legal structures. The property, being fully developed and providing little or no value for listed or other- wise special-status plants or wildlife, does not include areas that satisfy ESHA criteria. B. Protection Required. ESHAs shall be protected against any significant disruption of hab- itat values, and only uses dependent on those resources shall be allowed (see subsection (F) of this section (Limits on Land Uses). Development in areas adjacent to ESHAs shall be sited and designed to prevent impacts which would significantly degrade such areas, and shall be compatible with the continuance of the ESHA. C. ESHA Report. If the initial site resources survey indicates the presence or potential for sensitive habitat vegetation or wildlife species on the site, a report shall be required with recommendations as to whether a habitat area constitutes an ESHA. 1. Evaluation. Using a recently prepared (within one year) site-specific survey and analysis, the ESHA report shall evaluate the following attributes when recommending whether a habitat area constitutes an ESHA: a. The presence of natural communities that have been identified as rare by the California Department of Fish and Wildlife. Biological Assessment & ESHA Report, 1007 Mariners Drive, Newport Beach Hamilton Biological, Inc. February 13, 2023 Page 14 of 23 b. The recorded or potential presence of plant or animal species designated as rare, threatened, or endangered under State or Federal law. c. The presence or potential presence of plant or animal species that are not listed under State or Federal law, but for which there is other compelling evidence of rarity, such as designation as a 1B or 2 species by the California Native Plant Society. d. The presence of coastal streams. e. The degree of habitat integrity and connectivity to other natural areas. Attributes to be evaluated when determining a habitat’s integrity/connectiv- ity include the habitat’s patch size and connectivity, dominance by inva- sive/nonnative species, the level of disturbance, the proximity to develop- ment, and the level of fragmentation and isolation. 2. Recommendation. If an area is recommended as an ESHA, the boundaries of the ESHA and the appropriate buffers shall be made to the review authority. D. ESHA Buffers. A protective open space buffer shall be required to horizontally separate ESHA from development areas and provide distance and physical barriers to human and do- mestic pet intrusion. 1. Size. ESHA buffers shall be of a sufficient size to ensure the biological integrity and preservation of the habitat they are designed to protect. Terrestrial ESHA shall have a minimum buffer width of fifty (50) feet wherever possible. a. Exceptions: Smaller ESHA buffers may be allowed only where it can be demonstrated that: i. A fifty (50) foot wide buffer is not possible due to site-specific constraints; and ii. The proposed narrower buffer would be amply protective of the biological integrity of the ESHA given the site-specific characteris- tics of the resource and of the type and intensity of disturbance. 2. Vegetation. a. ESHA buffers shall be maintained exclusively with native vegetation to serve as transitional habitat. b. Fuel modification zones shall be maintained outside of ESHA buffers. c. Invasive plant species shall be prohibited. E. Design and Siting. Development outside, but within one hundred (100) feet of, an ESHA shall incorporate the following design and site characteristics: 1. Development adjacent to an ESHA shall be designed and sited to protect ESHA resources against any significant disruption of habitat values. 2. Development adjacent to an ESHA shall be compatible with the continuance of ESHA habitat areas. 3. Development adjacent to an ESHA shall be limited to low-impact land uses, such as open space and passive recreation whenever feasible. 4. Development shall not necessitate fuel modification in an ESHA or ESHA buffer. 5. Development lighting adjacent to an ESHA shall minimize impacts to wildlife. Biological Assessment & ESHA Report, 1007 Mariners Drive, Newport Beach Hamilton Biological, Inc. February 13, 2023 Page 15 of 23 a. All outdoor lighting fixtures shall be designed, shielded, aimed, located, and maintained to direct lighting away from environmentally sensitive hab- itat areas (ESHA) and ESHA buffers and to minimize glare, sky glow, and light trespass. b. Buildings shall be designed to minimize light trespass from interior light- ing. c. All lighting shall utilize the best available “dark sky” practices, including the use of lights with the lowest intensity possible for safety purposes and that utilize wavelengths that are the most environmentally protective of or- ganisms active at night and dawn and dusk. 6. Unauthorized structures that impact, or encroach into, ESHA or ESHA buffer shall be removed. F. Limits on Land Uses. ESHA shall be protected against any significant disruption of habitat values. Uses within ESHA shall be limited to only those uses that are dependent on those resources. Limited public access improvements (e.g., hiking and educational trails and low- impact camping), minor educational, interpretative and research activities and development, and habitat restoration projects may be considered resource-dependent uses. Measures, in- cluding, but not limited to, trail creation, signage, placement of boardwalks, and fencing, shall be implemented as necessary to protect ESHA. G. Required Findings. No development shall be allowed in an ESHA or ESHA buffer area unless the following findings are made: 1. The resource as identified will not be significantly degraded or disrupted by the proposed development and the development will be compatible with the continu- ance of the resource. 2. There is no feasible less environmentally damaging alternative. 3. All feasible mitigation measures capable of reducing or eliminating project- related impacts have been adopted. (Ord. 2016-19 § 9 (Exh. A)(part), 2016) Biological Assessment & ESHA Report, 1007 Mariners Drive, Newport Beach Hamilton Biological, Inc. February 13, 2023 Page 16 of 23 ESHA RECOMMENDATION: As stated previously, the property itself is developed and does not contain ESHA. Map 4-1 in the Coastal Land Use Plan identifies an Envi- ronmental Study Area (ESA) down the slope from the property. See Figure 4 below. Figure 4. The red line represents the limits of the nearest Environmental Study Area (ESA) shown on Map 4-1 in the CLUP. The area designated as ESA represents potential ESHA near the property. In the southeastern corner of the property, Development Area A occurs within approximately 35 feet of the mapped ESA and Development Area B occurs within approximately 20 feet of the mapped ESA. In the northeastern corner of the property, Development Area A occurs within approximately 55 feet of the mapped ESA and Development Area B occurs within approximately 40 feet of the mapped ESA. The City-designated ESA represents potential ESHA, although the quality of the habitat is marginal due to invasion by non-native plants, such as Brazilian Pepper, Mexican Fan Palm (Washingtonia robusta), and Spineless Yucca (Yucca gigantea). Between the steep- ness of the slope and the predominance of non-native vegetation, the habitat east of the property does not appear to be suitable for occupation by the California Gnatcatcher, a federally threatened bird species resident on shallower slopes around Upper Newport Bay that are vegetated with coastal bluff scrub. The Implementation Plan states that fuel modification “shall be maintained outside of ESHA buffers,” but doing so is not possible in this case because a fuel modification zone is pre-existing in the area between the designated ESA and the property. As shown on Figure 4. ESA/Potential ESHA Map Scale 1 inch = 37 feet Hamilton Biological Biological Assessment & ESHA Report, 1007 Mariners Drive, Newport Beach Hamilton Biological, Inc. February 13, 2023 Page 17 of 23 Figure 4 on the previous page, the distance between the ESA and Development Area B on the property ranges from approximately 20 to 40 feet. This is smaller than the stand- ard 50-foot ESHA buffer identified in the CLUP, but given the existing pattern of devel- opment along the top of the bluff, the somewhat degraded condition of the habitat, and the low likelihood of California Gnatcatchers or other special-status wildlife species oc- curring adjacent to the property, I conclude that a narrower ESHA buffer would be am- ply protective of the biological integrity of the ESHA. Within the reduced ESHA buffer, the existing non-native vegetation, which includes in- vasive Algerian Ivy, should be removed and replaced with appropriate, locally native plants that are approved for fuel modification zones. Hamilton Biological can provide a list of appropriate native plant species. The identified restrictions on outdoor lighting fixtures within 100 feet of the ESA/po- tential ESHA boundary should apply to the proposed actions at 1007 Mariners Drive. With implementation of the native landscaping and lighting mitigation actions identi- fied herein, Hamilton Biological concludes that the nearby ESHA will not be signifi- cantly degraded or disrupted by the proposed development, and that the development will be compatible with the continuance of the resource. IMPACT ANALYSIS The proposed project involves removing the existing single-family home and associated non-native landscaping from the property and constructing a new residence. This im- pact analysis specifies that the proposed project will be implemented in compliance with all applicable resource-protection regulations, including Title 21 of the City of Newport Beach Municipal Code, the Implementation Plan for the City’s certified Local Coastal Program. Potential Impacts to Special-Status Plants or Wildlife The property is currently developed and lacks native plant communities, and thus has very little potential to support plant or wildlife species of conservation concern. Imple- mentation of the proposed project would not result in any potentially significant im- pacts to listed or otherwise “special-status” plant and wildlife species. Potential Impacts of Birds Striking Glass The project does not propose any glass or plexiglass deck railing systems, fences, screen walls, or gates; therefore, the proposed actions are not expected to significantly increase the potential for birds to collide with the glass. No potentially significant bird-strike im- pacts are identified. Biological Assessment & ESHA Report, 1007 Mariners Drive, Newport Beach Hamilton Biological, Inc. February 13, 2023 Page 18 of 23 Potential Impacts to ESHA The property is developed and does not contain potential ESHA, but potential ESHA occurs near the eastern property boundary. Compliance with Title 21 of the City Munic- ipal Code ensures that development adjacent to ESHA shall be designed and sited to protect ESHA resources against any significant disruption of habitat values, and that development adjacent to ESHA shall be compatible with the continuance of ESHA habi- tat areas. This includes restrictions on landscaping, irrigation, and lighting, as discussed on pages 11–15 of this report, and compliance with the requirements of the City Munici- pal Code and the Coastal Act will avoid any potentially significant impacts associated with degradation of ESHA. Potential Impacts to Nesting Birds Disrupting the active nest of virtually any bird species represents a potential violation of Section 3503 of the California Fish and Game Code, and a potential violation of the federal Migratory Bird Treaty Act. Thus, removal of vegetation from the site during the bird nesting season (Generally February 1 to August 31) could potentially result in a significant adverse effect upon nesting birds. This potentially significant impact is ad- dressed in the Recommended Mitigation Measure No. 1. RECOMMENDED MITIGATION MEASURE To reduce potentially significant impacts of the proposed project, the following mitigation measure is recommended. Recommended Mitigation Measure 1: Avoid Impacts to Actively Nesting Birds. In or- der to avoid potential impacts to nesting birds, in potential violation of state and/or federal laws, it is recommended that any necessary clearing and removal of vegetation for project implementation be conducted outside of the typical nesting season for native birds in the region. This nesting season is variable, but generally extends from February 1 to August 31. If vegetation removal must be conducted during the nesting season, the Director of Community Development should require a qualified biologist to first con- duct a survey to determine whether any native birds are nesting on or adjacent to the project site. If any active nests are found (i.e., complete nests with at least one egg), any potential disturbance of the nest should be avoided until after all young have fledged from the nest. If vegetation removal cannot be avoided, the work should be monitored by a qualified biologist granted authority to avoid any actions judged to have potential to disrupt the nesting of any bird species. Actions judged to have no potential to disrupt the nesting of any bird species would be allowed to continue, with biological monitor- ing. Once vegetation removal is complete, the qualified biological monitor should sub- mit a final report to the Director of Community Development verifying that vegetation removal did not disrupt the nesting of any protected bird species. Biological Assessment & ESHA Report, 1007 Mariners Drive, Newport Beach Hamilton Biological, Inc. February 13, 2023 Page 19 of 23 LEVEL OF SIGNIFICANCE AFTER MITIGATION With implementation of Recommended Mitigation Measure No. 1, impacts to biological resources associated with implementing the proposed project will be less than signifi- cant under CEQA. CONCLUSION If you have any questions, or wish to discuss any issues, please call me at 562-477-2181 or send email to robb@hamiltonbiological.com. Sincerely, Robert A. Hamilton President, Hamilton Biological, Inc. LITERATURE CITED California Natural Diversity Database. 2023a. Special Vascular Plants, Bryophytes, and Lichens List. Current list of vegetative taxa considered to be rare, threatened, en- dangered, or otherwise “sensitive” by the State of California. List dated January 2023. California Natural Diversity Database. 2022b. Special Animals List. Current list of wild- life taxa considered to be rare, threatened, endangered, or otherwise “sensitive” by the State of California. List dated January 2023. California Natural Diversity Data Base. 2020c. Rarefind data accessed online on Febru- ary 6, 2023, for the U.S. Geologic Survey’s Newport Beach, Seal Beach, Los Alamitos, Anaheim, Orange, Tustin, and Laguna Beach 7.5’ topographic quad- rangles. Biological Assessment & ESHA Report, 1007 Mariners Drive, Newport Beach Hamilton Biological, Inc. February 13, 2023 Page 20 of 23 LIST OF VASCULAR PLANTS AND VERTEBRATE WILDLIFE DETECTED The following list identifies plant and wildlife species detected on or adjacent to the property during the current study. Source: Calflora: Information on California plants for education, research and conservation, with data contributed by public and private institutions and individuals, includ- ing the Consortium of California Herbaria. 2014. Berkeley, California: The Calflora Database [a non-profit organization]. http://www.calflora.org/ * Taxon not native to the study area VASCULAR PLANTS SECTION: EUDICOTS Aizoaceae – Amaranth Family * Mesembryanthemum crystallinum, Crystalline Iceplant Amaranthaceae – Amaranth Family * Atriplex semibaccata, Australian Saltbush * Chenopodium murale, Nettle-leaved Goosefoot Anacardiaceae - Cashew Family Rhus integrifolia, Lemonade Berry * Schinus terebinthifolia, Brazilian Pepper Apiaceae - Parsley Family * Cyclospermum leptophyllum, Marsh Parsley * Lepidium didymum, Lesser Swine-cress Apocynaceae - Dogbane Family * Carissa macrocarpa, Natal Plum * Nerium oleander, Oleander Araliaceae - Ginseng Family * Hedera canariensis, Algerian Ivy Asteraceae - Sunflower Family Baccharis pilularis, Coyote Brush Baccharis salicifolia, Mule Fat * Cirsium vulgare, Bull Thistle * Curio talinoides, Slender Chalk Sticks * Dimorpthotheca fruticosa, Trailing African Daisy * Encelia farinosa x californica, Brittlebush hybrid * Erigeron bonariensis, Argentine Fleabane Biological Assessment & ESHA Report, 1007 Mariners Drive, Newport Beach Hamilton Biological, Inc. February 13, 2023 Page 21 of 23 Erigeron canadensis, Canada Horseweed *Erigeron sumatrensis, Tropical Horseweed * Lactuca serriola, Prickly Wild Lettuce * Pulicaria paludosa, Spanish False Fleabane Pseudognaphalium biolettii, Two-color Rabbit Tobacco * Sonchus asper, Prickly Sowthistle * Sonchus oleraceus, Smooth Sowthistle * Taraxacum erythrospermum, Red-seeded Dandelion Brassicaceae - Mustard Family * Brassica nigra, Black Mustard * Cardamine occulta, Nursery Bittercress * Hirschfeldia incana, Shortpod Mustard Caryophyllaceae - Pink Family * Polycarpon tetraphyllum, Fourleaf Allseed Crassulaceae - Stonecrop Family * Crassula ovata, Jade Plant Euphorbiaceae - Spurge Family * Euphorbia maculata, Spotted Spurge * Euphorbia peplus, Petty Spurge * Euphorbia tirucalli, Sticks-on-Fire Fabaceae - Pea Family * Bauhinia × blakeana, Hong Kong Orchid Tree * Melilotus albus, White Sweetclover Lamiaceae – Mint Family * Salvia leucantha, Mexican Blue Sage Myrtaceae – Myrtle Family * Corymbia citriodora, Lemon-scented Gum Nyctaginaceae – Four-o-Clock Family * Mirabilis jalapa, Marvel of Peru Oxalidaceae – Woodsorrel Family * Oxalis corniculata, Creeping Woodsorrel Polygonaceae – Dock Family Eriogonum fasciculatum, California Buckwheat Biological Assessment & ESHA Report, 1007 Mariners Drive, Newport Beach Hamilton Biological, Inc. February 13, 2023 Page 22 of 23 Portulaceae – Dock Family * Portulaca oleracea, Common Purslane Pittosporaceae – Cheesewood Family * Pittosporum tenuifolium, Kohuku * Pittosporum tobira, Japanese Cheesewood Primulaceae – Dock Family * Anagallis arvensis, Scarlet Pimpernel Rosaceae – Rose Family * Pyracantha koidzumii, Taiwan Firethorn * Pyrus kawakamii, Evergreen Pear * Rhaphiolepis indica, Indian Hawthorn Sapindaceae – Soapberry Family * Cupaniopsis anacardioides, Carrotwood Tree Solanaceae – Nightshade Family * Solanum americanum, American Nightshade SECTION: MONOCOTS Araceae – Arum Family * Philodendron xanadu, Winterborn Philodendron Arecaceae – Palm Family * Phoenix canariensis, Canary Island Date Palm * Washingtonia robusta, Mexican Fan Palm Asparagaceae – Asparagus Family * Agave attenuata, Swan-neck Agave * Asparagus aethiopicus, Sprenger’s Asparagus * Asparagus setaceus, Common Asparagus Fern Asphodelaceae – Asphodel Family * Hemerocallis sp., daylily species Poaceae - Grass Family * Bromus catharticus, Rescue Grass * Bromus rubus, Foxtail Brome * Cortaderia selloana, Pampas Grass * Cynodon dactylon, Bermuda Grass * Ehrharta erecta, Panic Veldtgrass * Festuca glauca, Blue Fescue * Paspalum dilatatum, Dallis Grass Biological Assessment & ESHA Report, 1007 Mariners Drive, Newport Beach Hamilton Biological, Inc. February 13, 2023 Page 23 of 23 * Polypogon monspeliensis, Rabbitsfoot Grass * Polypogon viridis, Water Beard Grass VERTEBRATE WILDLIFE CLASS REPTILIA – REPTILES Phrynosomatidae – North American Spiny Lizard Family Sceloperus occidentalis, Western Fence Lizard CLASS AVES – BIRDS Trochilidae – Hummingbird Family Selasphorus sasin, Allen’s Hummingbird Corvidae – Crow, Raven, Jay and Ally Family Corvus brachyrhynchos, American Crow Zosteropidae – White-eye Family * Zosterops simplex, Swinhoe’s White-eye Bombycillidae - Waxwing Family Bombycilla cedrorum, Cedar Waxwing Fringillidae - Finch Family Haemorhous mexicanus, House Finch Passerellidae - Sparrow Family Melospiza melodia, Song Sparrow