HomeMy WebLinkAboutPA2024-0069_2025.05.23_Draft EIR_Appendix C. Biological Technical Report
BIOLOGICAL TECHNICAL REPORT
FOR
THE SNUG HARBOR PROJECT
LOCATED IN THE CITY OF NEWPORT BEACH,
ORANGE COUNTY, CALIFORNIA
Prepared For:
Back Bay Barrels, LLC
3857 Birch Street, Suite 521
Contact: Adam Cleary
Email: adam@surffarm.com
Prepared By:
Glenn Lukos Associates, Inc.
1940 E. Deere Avenue, Suite 250
Santa Ana, California 92705
Phone: (949) 837-0404
Report Preparers: Erin Trung and Hannah Craddock
April 22, 2025
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INFORMATION SUMMARY
A. Report Date: April 22, 2025
B. Report Title: Biological Technical Report for the Snug Harbor Project
C. Project Site
Location: City of Newport Beach, Orange County, California.
Latitude 33.658650°, longitude -117.881628° [center
reading].
D. Owner/Applicant: Adam Cleary
Back Bay Barrels, LLC
3857 Birch Street, Suite 521
Newport Beach, CA 92660
Email: adam@surffarm.com
E. Principal
Investigator: Glenn Lukos Associates, Inc.
1940 E. Deere Avenue, Suite 250
Santa Ana, California 92705
Phone: (949) 837-0404
Report Preparers: Erin Trung and Hannah Craddock
F. Report Summary: This document provides the results of general biological
surveys and focused biological surveys for the approximately 15.52-acre (15.44 acres
onsite and 0.08 acres offsite) Snug Harbor Project (the Project) located in the City of
Newport Beach, Orange County, California.
This report identifies and evaluates impacts to biological resources associated with the
proposed Project in the context of the Orange County Central/Coastal Subregion Natural
Community Conservation Plan/Habitat Conservation Plan Natural (NCP/HCCP), the
California Environmental Quality Act (CEQA), and State and Federal regulations such as
the Endangered Species Act (ESA), Clean Water Act (CWA), and the California Fish and
Game Code.
The Project consists of two components, including the recreational development (onsite)
and improvements to Irvine Avenue and Mesa Drive (offsite).
GLA biologists conducted general biological surveys, vegetation mapping, and habitat
assessments for special-status botanical and wildlife species. Based on the results of the
habitat assessments, GLA biologists conducted focused surveys for overwintering
western monarch butterfly (Danaus plexippus). No overwintering monarch butterflies
were detected and as such no impacts to this species will occur as a result of the proposed
Project.
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No jurisdictional waters, wetlands, or riparian vegetation occur on the Project site.
A pre-construction survey measure is included for nesting native birds to ensure
compliance with the Migratory Bird Treaty Act (MBTA) and California Fish and Game
Code. A pre-construction survey measure is included to avoid and/or minimize injury to
roosting bats, if present, and avoid maternity roosts, if present, until the maternity roost is
no longer in use.
G. Individuals Conducting Fieldwork: Hannah Craddock, Stephanie Cashin, Jeff
Ahrens, Ian Rhodes
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TABLE OF CONTENTS
Page #
1.0 INTRODUCTION.................................................................................................... 1
1.1 Background and Scope of Work ................................................................. 1
1.2 Project Location .......................................................................................... 1
1.3 Project Description...................................................................................... 2
1.4 Relationship to the Natural Communities Conservation Plan & Habitat
Conservation Plan – County of Orange Central & Coastal Subregion ................... 2
2.0 METHODOLOGY .................................................................................................. 2
2.1 Summary of Surveys ................................................................................... 3
2.2 Botanical Resources .................................................................................... 4
2.3 Wildlife Resources ...................................................................................... 5
2.4 Jurisdictional Waters ................................................................................... 7
3.0 REGULATORY SETTING .................................................................................... 7
3.1 Endangered Species Acts ............................................................................ 7
3.2 California Environmental Quality Act ...................................................... 10
3.3 Jurisdictional Waters ................................................................................. 13
4.0 RESULTS ............................................................................................................... 18
4.1 Existing Conditions ................................................................................... 18
4.2 Vegetation Mapping.................................................................................. 19
4.3 Special-Status Vegetation Communities................................................... 20
4.4 Special-Status Plants ................................................................................. 20
4.5 Special-Status Animals ............................................................................. 25
4.6 Nesting Birds ............................................................................................ 34
4.7 Wildlife Linkages/Corridors and Nursery Sites ........................................ 35
4.8 Critical Habitat .......................................................................................... 35
4.9 Jurisdictional Delineation ......................................................................... 35
5.0 IMPACT ANALYSIS ............................................................................................ 36
5.1 California Environmental Quality Act (CEQA) ....................................... 36
5.2 Special-Status Species .............................................................................. 38
5.3 Sensitive Vegetation Communities ........................................................... 38
5.4 Wetlands ................................................................................................... 39
5.5 Wildlife Movement and Native Wildlife Nursery Sites ........................... 39
5.6 Local Policies or Ordinances .................................................................... 40
5.7 Habitat Conservation Plans ....................................................................... 40
5.8 Impacts to Critical Habitat ........................................................................ 40
5.9 Impacts to Jurisdictional Waters ............................................................... 40
5.10 Indirect Impacts to Biological Resources ................................................. 40
5.11 Cumulative Impacts to Biological Resources ........................................... 42
6.0 MITIGATION/AVOIDANCE MEASURES ....................................................... 42
6.1 Bats ........................................................................................................... 42
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6.2 Nesting Birds ............................................................................................ 43
7.0 REFERENCES ....................................................................................................... 44
8.0 CERTIFICATION ................................................................................................. 46
TABLES
Table 2-1. Summary of Biological Surveys for the Project Site. ....................................... 3
Table 3-1. California Rare Plant Ranks 1, 2, 3, & 4, and Threat Code Extensions ......... 12
Table 4-1. Summary of Vegetation/Land Use Types for the Project Site ....................... 19
Table 4-2. Special-Status Plants Evaluated for the Project Site ...................................... 21
Table 4-3. Special Status Animals Evaluated for the Project Site ................................... 25
Table 5-1. Summary of Vegetation/Land Use Impacts ................................................... 39
EXHIBITS
Exhibit 1 Regional Map
Exhibit 2 Vicinity Map
Exhibit 3 Site Plan
Exhibit 4 Vegetation Map
Exhibit 5 Site Photographs
APPENDICES
Appendix A Floral Compendium
Appendix B Faunal Compendium
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1.0 INTRODUCTION
1.1 Background and Scope of Work
This document provides the results of general biological surveys and focused biological surveys
for the approximately 15-acre Snug Harbor Project (the Project) located in the City of Newport
Beach, Orange County, California. This report identifies and evaluates impacts to biological
resources associated with the proposed Project in the context of the California Environmental
Quality Act (CEQA), and State and Federal regulations such as the Endangered Species Act
(ESA), Clean Water Act (CWA), and the California Fish and Game Code.
The scope of this report includes a discussion of existing conditions for the approximately 15-
acre Project site, all methods employed regarding the general biological surveys and focused
biological surveys, the documentation of botanical and wildlife resources identified (including
special-status species), and an analysis of impacts to biological resources. Methods of the study
include a review of relevant literature, field surveys, and a Geographical Information System
(GIS)-based analysis of vegetation communities. As appropriate, this report is consistent with
accepted scientific and technical standards and survey guideline requirements issued by the U.S.
Fish and Wildlife Service (USFWS), the California Department of Fish and Wildlife (CDFW),
the California Native Plant Society (CNPS), and other applicable agencies/organizations.
The field study focused on a number of primary objectives that would comply with CEQA
requirements, including (1) general reconnaissance survey and vegetation mapping; (2) general
biological surveys; (3) habitat assessments for special-status plant species; (4) habitat
assessments for special-status wildlife species; (5) assessment for the presence of wildlife
migration and colonial nursery sites; and (6) assessments for areas subject to the jurisdiction of
the U.S. Army Corps of Engineers (Corps) jurisdiction pursuant to Section 404 of the Clean
Water Act, State Water Quality Control Board pursuant to Section 401 of the Clean Water Act,
and CDFW jurisdiction pursuant to Division 2, Chapter 6, Section 1600–1616 of the California
Fish and Game Code. Observations of all plant and wildlife species were recorded during the
general biological surveys and are included as Appendix A: Floral Compendium and Appendix
B: Faunal Compendium.
1.2 Project Location
The Project site comprises approximately 15 acres in the City of Newport Beach, California
[Exhibit 1 – Regional Map] and is located within Section 00 of Township 6 South, Range 10
West of the U.S. Geological Survey (USGS) 7.5-minute quadrangle map Newport Beach
[Exhibit 2 – Vicinity Map]. The Project site is located within a portion of the Newport Beach
Golf Course at 3100 Irvine Avenue, Newport Beach and is bordered by Mesa Drive to the
southwest, Santa Ana Delhi Channel to the northwest, Irvine Drive to the northeast, and a
business park and Newport Beach Fire Station #7 to the southeast.
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1.3 Project Description
The primary proposed use is a 5.06-acre surf lagoon. Outdoor areas around the lagoon will be
developed to provide seating and lounging areas, wave viewing platforms for spectators, private
cabanas with bathrooms and showers, and three warming pools. Two new buildings totaling
approximately 79,534 square feet are proposed. The main building will be three stories over a
subterranean basement with a maximum height of 50 feet above grade, and second building will
be two stories tall and 40 feet above grade.
The site will be served by two surface parking lots that will provide 351 spaces along with a
designated drop-off and valet area. The site will be accessed from Irvine Avenue in the general
location of the existing driveway and will provide left/right access into the site, and right-turn
only access out of the site. A secondary driveway is proposed along Mesa Drive. Offsite
improvements include utility connections and driveway/access improvements on Irvine Avenue
and Mesa Drive. Construction of the Project is anticipated to take 18 months to complete.
1.4 Relationship to the Natural Communities Conservation Plan & Habitat
Conservation Plan – County of Orange Central & Coastal Subregion
The Project site lies within the development portions of the Natural Communities Conservation
Plan & Habitat Conservation Plan – County of Orange Central & Coastal Subregion
(NCCP/HCP). In 1996, the NCCP/HCP was reviewed, approved, and adopted by the CDFW and
USFWS. At that time, an EIR/EIS was prepared under the auspices of the County of Orange and
the USFWS as lead agencies, while the CDFW was a responsible agency. Following the
approval of the EIR/EIS, the participating agencies and landowners, including the Irvine
Company, signed an Implementation Agreement (IA). The IA sets forth the implementation
requirements for the NCCP/HCP, including requirements related to dedication, creation, and
management of a 37,000-acre reserve as well as procedures and minimization measures related
to take of identified species and modification of habitat in those areas designated for
development under the NCCP/HCP. Based upon the NCCP/HCP, the USFWS and CDFW
authorized take of identified species and approved modification of covered habitats under the
National Environmental Policy Act (NEPA), CEQA, FESA, CESA, and the Federal Migratory
Bird Treaty Act (MBTA). These approvals and authorizations, and their conditions, apply under
the IA to certain geographic areas, including development areas identified in the NCCP/HCP.
The Project site is within the planned activities area covered by the NCCP/HCP. As such, any
impacts, including direct, indirect, and cumulative impacts, to covered habitats, identified
species, and wildlife connections for such species are fully mitigated by the NCCP/HCP.
2.0 METHODOLOGY
In order to adequately identify biological resources in accordance with the requirements of
CEQA, Glenn Lukos Associates (GLA) assembled biological data consisting of the following
main components:
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• Performance of a jurisdictional waters and wetlands evaluation;
• Performance of vegetation mapping for the Project site; and
• Performance of habitat assessments and site-specific biological surveys to evaluate the
presence/absence of special-status species in accordance with the requirements of CEQA.
The focus of the biological surveys was determined through initial site reconnaissance, a review
of the CNDDB (CDFW 2024), CNPS 9th edition online inventory (CNPS 2024), Natural
Resource Conservation Service soil data (NRCS 2024), other pertinent literature, and knowledge
of the region. Site-specific general surveys within the Project site were conducted on foot in the
proposed development areas for each target plant or animal species identified below.
2.1 Summary of Surveys
GLA conducted biological studies to identify and analyze actual or potential impacts to
biological resources associated with development of the Project site. Observations of all plant
and wildlife species were recorded during each of the above-mentioned survey efforts [Appendix
A: Floral Compendium and Appendix B: Faunal Compendium]. The studies conducted include
the following:
• Performance of vegetation mapping;
• Performance of site-specific habitat assessments and biological surveys to evaluate
the potential presence/absence of special-status species (or potentially suitable
habitat) to the satisfaction of CEQA and federal and state regulations; and
• Performance of a jurisdictional waters and wetlands evaluation.
Table 2-1 provides a summary list of survey dates, survey types and personnel.
Table 2-1. Summary of Biological Surveys for the Project Site.
Survey Type 2024 Survey Dates Biologist(s)
General Biological Survey
Habitat Assessment
9/10 HC
Vegetation Mapping 9/10 HC
Evaluation for Federal and
State Jurisdictional Waters
9/10 HC
Monarch Butterfly Surveys 11/19
12/11
SC, IR
JA
HC = Hannah Craddock, SC = Stephanie Cashin, JA = Jeff Ahrens, IR = Ian Rhodes
Individual plants and wildlife species are evaluated in this report based on their “special-status.”
For the purpose of this report, plants were considered “special-status” based on one or more of
the following criteria:
• Listing through the Federal and/or State Endangered Species Act (ESA)
• California Rare Plant Rank 1A/1B, 2A/2B, 3, or 4
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Wildlife species were considered “special-status” based on one or more of the following criteria:
• Listing through the Federal and/or State ESA
• Designation by the State as a Species of Special Concern (SSC) or California Fully
Protected (FP) species
Vegetation communities and habitats were considered “special-status” based on one or more of
the following criteria:
• Global (G) and/or State (S) ranking of category 3 or less (see Section 3.2.2 below for
further explanation)
• Riparian habitat
2.2 Botanical Resources
A site-specific survey program was designed to accurately document the botanical resources
within the Project site, and consisted of five components: (1) a literature search; (2) preparation
of a list of target special-status plant species and sensitive vegetation communities that could
occur within the Project site; (3) general field reconnaissance surveys; (4) vegetation mapping
according to the List of Vegetation Alliances and Associations; and (5) habitat assessments and
focused surveys for special-status plants.
2.2.1 Literature Search
Prior to conducting fieldwork, pertinent literature on the flora of the region was examined. A
thorough archival review was conducted using available literature and other historical records.
These resources included the following:
• California Native Plant Society, Rare Plant Program. Inventory of Rare and Endangered
Plants of California (online edition, v-9.5, CNPS 2024; and
• CNDDB for the USGS 7.5-minute quadrangles: Newport Beach, Seal Beach, Laguna
Beach, Tustin, Orange, Anaheim, and Los Alamitos (CNDDB 2024).
2.2.2 Vegetation Mapping
Vegetation communities within the Project site were mapped according to the List of Vegetation
Alliances and Associations (or Natural Communities List). The list is based on A Manual of
California Vegetation, Second Edition or MCVII (Sawyer et al. 2008), which is the California
expression of the National Vegetation Classification. Where necessary, deviations were made
when areas did not fit into exact habitat descriptions. These vegetation communities were named
based on the dominant plant species present. Plant communities were mapped in the field
directly onto a 200-scale (1”=200’) aerial photograph. A vegetation map is included as Exhibit 4.
Representative site photographs are included as Exhibit 5.
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2.2.3 Special-Status Plant Species and Habitats Evaluated for the Project Site
A literature search was conducted to obtain a list of special status plants with the potential to
occur within the Project site. The CNDDB was initially consulted to determine well-known
occurrences of plants and habitats of special concern in the region. Other sources used to
develop a list of target species for the survey program included the CNPS online inventory
(2024).
Based on this information, vegetation profiles and a list of target sensitive plant species and
habitats that could occur within the Project site were developed and incorporated into a mapping
and survey program to achieve the following goals: (1) characterize the vegetation associations
and land use; (2) prepare a detailed floristic compendium; (3) identify the potential for any
special status plants that may occur within the Project site; and (4) prepare a map showing the
distribution of any sensitive botanical resources associated with the Project site, if applicable.
2.2.4 Botanical Surveys
GLA biologist Hannah Craddock visited the site on September 10, 2024, to conduct general plant
surveys. Surveys were conducted in accordance with accepted botanical survey guidelines
(CDFW 2018, CNPS 2001, Nelson 1984, USFWS 2000). An aerial photograph, a soil map,
and/or a topographic map were used to determine the community types and other physical
features that may support sensitive and uncommon taxa or communities within the Project site.
Surveys were conducted by following meandering transects within target areas of suitable
habitat. All plant species encountered during the field surveys were identified and recorded
following the above-referenced guidelines. A complete list of the plant species observed is
provided in Appendix A. Scientific nomenclature and common names used in this report follow
Baldwin et al. (2012), and Munz (1974).
2.3 Wildlife Resources
Wildlife species were evaluated and detected during field surveys by sight, call, tracks, and scat.
Site reconnaissance was conducted in such a manner as to allow inspection of the entire Project
site by direct observation, including the use of binoculars. Observations of physical evidence
and direct sightings of wildlife were recorded in field notes during the visit. A complete list of
wildlife species observed within the Project site is provided in Appendix B. Scientific
nomenclature and common names for vertebrate species referred to in this report follow the
Complete List of Amphibian, Reptile, Bird, and Mammal Species in California (CDFW 2016),
Standard Common and Scientific Names for North American Amphibians, Turtles, Reptiles, and
Crocodilians 6th Edition, Collins and Taggert (2009) for amphibians and reptiles, and the
American Ornithologists' Society Online Checklist (Chesser et al. 2024) for birds. The
methodology (including any applicable survey protocols) utilized to conduct general surveys,
habitat assessments, and/or focused surveys for special-status animals are included below.
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2.3.1 General Surveys
Birds
During the general biological and reconnaissance survey within the Project site, birds were
detected incidentally by direct observation and/or by vocalizations, with identifications recorded
in field notes.
Mammals
During general biological and reconnaissance survey within the Project site, mammals were
identified and detected incidentally by direct observations and/or by the presence of diagnostic
sign (i.e., tracks, burrows, scat, etc.).
Reptiles and Amphibians
During general biological and reconnaissance surveys within the Project site, reptiles and
amphibians were identified incidentally during surveys. Habitats were examined for diagnostic
reptile sign, which include shed skins, scat, tracks, snake prints, and lizard tail drag marks. All
reptiles and amphibian species observed, as well as diagnostic sign, were recorded in field notes.
2.3.2 Special-Status Animal Species Evaluated for the Project Site
A literature search was conducted in order to obtain a list of special-status wildlife species with
the potential to occur within the Project site. Species were evaluated based on two factors: 1)
species identified by the CNDDB as occurring (either currently or historically) on or in the
vicinity of the Project site, and 2) any other special-status animals that are known to occur within
the vicinity of the Project site, or for which potentially suitable habitat occurs on the Project site.
2.3.3 Habitat Assessment for Special Status Animal Species
GLA biologist Hannah Craddock conducted habitat assessments for special-status animal species
on September 10, 2024. An aerial photograph, soil map and/or topographic map were used to
determine the community types and other physical features that may support special-status and
uncommon taxa within the Project site.
2.3.4 Focused Surveys for Special-Status Animals Species
Monarch Butterfly Survey
GLA biologists Stephanie Cashin, Jeff Ahrens, and Ian Rhodes conducted focused surveys for
overwintering monarch butterflies on November 19 and December 11, 2024. Surveys were
conducted based upon the Xerces Society’s Western Monarch Count Protocol (Xerces Society
n.d.), which is designed to census overwintering monarch butterfly populations while in
stationary clusters on overwintering trees. Accordingly, the Xerces Society protocol requires that
surveys be conducted in the early morning hours when temperatures are below 55°F to ensure
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that any monarch butterflies, if present, remain clustered from the evening before to allow an
accurate count. However, because the purpose of the survey effort on the Project site was to
determine presence/absence of overwintering monarch butterflies rather than conduct a census,
the 55°F temperature requirement was not strictly adhered to. Surveys were conducted in the
morning hours when temperatures remained low and were not conducted during strong winds or
heavy precipitation. Refer to Table 2-2 below for survey condition details. The results of
monarch butterfly surveys are documented in Section 4.0 of this report.
Table 2-2. Summary of Monarch Surveys
Survey Date
Biologist(s)
Start/End Time
Start/End
Temperature
(℉)
Start/End
Wind Speed
(mph)
Start/End
Cloud Cover
(%)
11/19/2024 SC, IR 0930/1200 58/64 0/0 0/0
12/11/2024 JA 0745/0950 51/59 2-3/2-3 100/100
SC = Stephanie Cashin, IR = Ian Rhodes, JA = Jeff Ahrens
2.4 Jurisdictional Waters
The Project was assessed to identify the presence of potential jurisdictional waters, including
waters of the U.S. (including wetlands) subject to the jurisdiction of the Corps and Regional
Board, and waters of the State (including riparian vegetation) subject to the jurisdiction of
CDFW.
3.0 REGULATORY SETTING
The proposed Project is subject to state and federal regulations associated with a number of
regulatory programs. These programs often overlap and were developed to protect natural
resources, including state- and federally listed plants and animals; aquatic resources including
rivers and creeks, ephemeral streambeds, wetlands, and areas of riparian habitat; other special-
status species which are not listed as threatened or endangered by the state or federal
governments; and other special-status vegetation communities.
3.1 Endangered Species Acts
3.1.1 California Endangered Species Act
California’s Endangered Species Act (CESA) defines an endangered species as “a native species
or subspecies of a bird, mammal, fish, amphibian, reptile, or plant which is in serious danger of
becoming extinct throughout all, or a significant portion, of its range due to one or more causes,
including loss of habitat, change in habitat, overexploitation, predation, competition, or disease.”
The State defines a threatened species as “a native species or subspecies of a bird, mammal, fish,
amphibian, reptile, or plant that, although not presently threatened with extinction, is likely to
become an Endangered species in the foreseeable future in the absence of the special protection
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and management efforts required by this chapter. Any animal determined by the commission as
rare on or before January 1, 1985 is a threatened species.” Candidate species are defined as “a
native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that the
commission has formally noticed as being under review by the department for addition to either
the list of endangered species or the list of threatened species, or a species for which the
commission has published a notice of proposed regulation to add the species to either list.”
Candidate species may be afforded temporary protection as though they were already listed as
threatened or endangered at the discretion of the Fish and Game Commission.
Article 3, Sections 2080 through 2085, of the CESA addresses the taking of threatened,
endangered, or candidate species by stating “No person shall import into this state, export out of
this state, or take, possess, purchase, or sell within this state, any species, or any part or product
thereof, that the commission determines to be an endangered species or a threatened species, or
attempt any of those acts, except as otherwise provided.” Under the CESA, “take” is defined as
“hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.”
Exceptions authorized by the state to allow “take” require permits or memoranda of
understanding and can be authorized for endangered species, threatened species, or candidate
species for scientific, educational, or management purposes and for take incidental to otherwise
lawful activities. Section 1913 of the California Fish and Game Code provide that notification is
required prior to disturbance.
3.1.2 Federal Endangered Species Act
The FESA of 1973 defines an endangered species as “any species that is in danger of extinction
throughout all or a significant portion of its range.” A threatened species is defined as “any
species that is likely to become an Endangered species within the foreseeable future throughout
all or a significant portion of its range.” Under provisions of Section 9(a)(1)(B) of the FESA it is
unlawful to “take” any listed species. “Take” is defined in Section 3(18) of FESA: “...harass,
harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any
such conduct.” Further, the USFWS, through regulation, has interpreted the terms “harm” and
“harass” to include certain types of habitat modification that result in injury to, or death of
species as forms of “take.” These interpretations, however, are generally considered and applied
on a case-by-case basis and often vary from species to species. In a case where a property owner
seeks permission from a federal agency for an action that could affect a federally listed plant and
animal species, the property owner and agency are required to consult with USFWS. Section
9(a)(2)(b) of the FESA addresses the protections afforded to listed plants.
3.1.3 State and Federal Take Authorizations for Listed Species
Federal or state authorizations of impacts to or incidental take of a listed species by a private
individual or other private entity would be granted in one of the following ways:
• Section 7 of the FESA stipulates that any federal action that may affect a species listed as
threatened or endangered requires a formal consultation with USFWS to ensure that the
action is not likely to jeopardize the continued existence of the listed species or result in
destruction or adverse modification of designated critical habitat. 16 U.S.C. 1536(a)(2).
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• In 1982, the FESA was amended to give private landowners the ability to develop Habitat
Conservation Plans (HCP) pursuant to Section 10(a) of the FESA. Upon development of
an HCP, the USFWS can issue incidental take permits for listed species where the HCP
specifies at minimum, the following: (1) the level of impact that will result from the
taking, (2) steps that will minimize and mitigate the impacts, (3) funding necessary to
implement the plan, (4) alternative actions to the taking considered by the applicant and
the reasons why such alternatives were not chosen, and (5) such other measures that the
Secretary of the Interior may require as being necessary or appropriate for the plan.
• In certain circumstances, Section 2080.1 of the California Fish and Game Code allows
CDFW to adopt the federal incidental take statement or the 10(a) permit as its own based
on its findings that the federal permit adequately protects the species under state law.
3.1.4 Take Authorizations Pursuant to the Orange County Central/Coastal NCCP/HCP
As discussed above in Section 1.4, the Project site is located with the Central/Coastal NCCP/HCP
Subregion. Disturbance of NCCP/HCP covered habitats and “take” of covered or conditionally
covered species are specifically authorized in the following documents:
County of Orange, Environmental Management Agency. 1996. Central and Coastal
Subregion Natural Community Conservation Plan & Habitat Conservation Plan,
County of Orange Central and Coastal Subregion. Parts I & II NCCP/HCP; Part III
Joint Programmatic EIR/EIS. Prepared by R.J. Meade Consulting, Inc., San Diego.
December 7.
County of Orange, Environmental Management Agency. 1996. Implementation
Agreement for the Orange County Central and Coastal Subregion Natural
Community Conservation Plan/Habitat Conservation Plan, County of Orange.
County of Orange, Environmental Management Agency. 1996. Joint Programmatic
EIR/EIS Response to Comments, Central and Coastal Subregion Natural Community
Conservation Plan/Habitat Conservation Plan, County of Orange.
County of Orange, Environmental Management Agency. 1996. Mitigation and
Implementation Agreement Monitoring Program for the Orange County Central and
Coastal Subregion Natural Community Conservation Plan/Habitat Conservation
Plan, County of Orange.
The IA specifically authorizes disturbance of coastal sage scrub and “take” of covered species
within the Central/Coastal NCCP Subregion. The NCCP Reserve System adaptive management
program and other measures of the NCCP/HCP fully mitigate “take” of coastal sage scrub and
disturbance of covered habitats resulting from development projects in compliance with the IA.
Direct, indirect, and cumulative impacts under CEQA and NEPA to the covered habitats and
covered species (except for conditionally covered species) resulting from development within
designated development areas owned by NCCP participating landowners are fully mitigated by
the measures of the NCCP/HCP.
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3.2 California Environmental Quality Act
3.2.1 CEQA Guidelines Section 15380
CEQA requires evaluation of a project’s impacts on biological resources and provides guidelines
and thresholds for use by lead agencies for evaluating the significance of proposed impacts.
Sections 5.1.1 and 5.2.2 below set forth these thresholds and guidelines. Furthermore, pursuant
to the CEQA Guidelines Section 15380, CEQA provides protection for non-listed species that
could potentially meet the criteria for state listing. For plants, CDFW recognizes that plants with
a California Rare Plant Rank (CRPR) on Lists 1A, 1B, 2A, or 2B in the CNPS Inventory of Rare
and Endangered Plants in California may meet the criteria for listing and should be considered
under CEQA. CDFW also recommends protection of plants that are regionally important, such
as locally rare species, disjunct populations of more common plants, or plants with a CRPR of 3
or 4.
3.2.2 Special-Status Plants, Wildlife and Vegetation Communities Evaluated Under
CEQA
Federally Designated Special-Status Species
Within recent years, the USFWS instituted changes in the listing status of candidate species.
Former C1 (candidate) species are now referred to simply as candidate species and represent the
only candidates for listing. Former C2 species (for which the USFWS had insufficient evidence
to warrant listing) and C3 species (either extinct, no longer a valid taxon or more abundant than
was formerly believed) are no longer considered as candidate species. Therefore, these species
are no longer maintained in list form by the USFWS, nor are they formally protected. This term
is employed in this document but carries no official protections. All references to federally
protected species in this report (whether listed, proposed for listing, or candidate) include the
most current published status or candidate category to which each species has been assigned by
USFWS.
For this report the following acronyms are used for federal special-status species:
• FE Federally listed as Endangered
• FT Federally listed as Threatened
• FPE Federally proposed for listing as Endangered
• FPT Federally proposed for listing as Threatened
• FC Federal Candidate Species (former C1 species)
State-Designated Special-Status Species
Some mammals and birds are protected by the state as Fully Protected (FP) Mammals or Fully
Protected Birds, as described in the California Fish and Game Code, Sections 4700 and 3511,
respectively. California SSC are designated as vulnerable to extinction due to declining
population levels, limited ranges, and/or continuing threats. This list is primarily a working
document for the CDFW’s CNDDB project. Informally listed taxa are not protected but warrant
11
consideration in the preparation of biotic assessments. For some species, the CNDDB is only
concerned with specific portions of the life history, such as roosts, rookeries, or nest sites.
For this report the following acronyms are used for State special-status species:
• SE State-listed as Endangered
• ST State-listed as Threatened
• SR State-listed as Rare
• SCE State Candidate for listing as Endangered
• SCT State Candidate for listing as Threatened
• FP State Fully Protected
• SSC State Species of Special Concern
CNDDB Global/State Rankings
The CNDDB provides global and state rankings for species and communities based on a system
developed by The Nature Conservancy to measure rarity of a species. The ranking provides a
shorthand formula about how rare a species/community is, and is based on the best information
available from multiple sources, including state and federal listings, and other groups that
recognize species as sensitive (e.g., Bureau of Land Management, Audubon Society, etc.). State
and global rankings are used to prioritize conservation and protection efforts so that the rarest
species/communities receive immediate attention. In both cases, the lower ranking (i.e., G1 or
S1) indicates extreme rarity. Rare species are given a ranking from 1 to 3. Species with a
ranking of 4 or 5 is considered to be common. If the exact global/state ranking is undetermined,
a range is generally provided. For example, a global ranking of “G1G3” indicates that a
species/community global rarity is between G1 and G3. If the animal being considered is a
subspecies of a broader species, a “T” ranking is attached to the global ranking. The following
are descriptions of global and state rankings:
Global Rankings
• G1 – Critically imperiled globally because of extreme rarity (5 or fewer occurrences),
or because of some factor(s) making it especially vulnerable to extinction.
• G2 – Imperiled globally because of rarity (6-20 occurrences), or because of some
other factor(s) making it very vulnerable to extinction throughout its range.
• G3 – Either very rare and local throughout its range (21 to 100 occurrences), or found
locally (even abundantly at some of its locations) in a restricted range (e.g., a
physiographic region), or because of some other factor(s) making it vulnerable to
extinction throughout its range.
• G4 – Uncommon but not rare; some cause for long-term concern due to declines or
other factors.
• G5 – Common, widespread and abundant.
12
State Rankings
• S1 – Extremely rare; typically 5 or fewer known occurrences in the state; or only a
few remaining individuals; may be especially vulnerable to extirpation.
• S2 – Very rare; typically between 6 and 20 known occurrences; may be susceptible to
becoming extirpated.
• S3 – Rare to uncommon; typically 21 to 50 known occurrences; S3 ranked species
are not yet susceptible to becoming extirpated in the state but may be if additional
populations are destroyed.
• S4 – Uncommon but not rare; some cause for long-term concern due to declines or
other factors.
• S5 – Common, widespread, and abundant in the state.
California Native Plant Society/CNDDB California Rare Plant Ranks
CNPS is a private plant conservation organization dedicated to the monitoring and protection of
sensitive species in California. In a collaborative effort with CDFW’s CNDDB Project, the
CNPS Ninth Edition of the Inventory of Rare and Endangered Plants of California categorizes
plants of interest into six California Rare Plant Ranks (CRPR) based on their geographic
distribution and potential threats to existing populations. The CNPS Inventory is used by CDFW
as the candidate species list for plants that may be listed as state Threatened and Endangered by
CDFW. The six categories of rarity that are summarized in Table 3-1.
Table 3-1. California Rare Plant Ranks 1, 2, 3, & 4, and Threat Code Extensions
CRPR Rank Comments
Rank 1A – Plants Presumed
Extirpated in California and
Either Rare or Extinct
Elsewhere
Thought to be extinct in California based on a lack of observation or
detection for many years.
Rank 1B – Plants Rare,
Threatened, or Endangered in
California and Elsewhere
Species, which are generally rare throughout their range that are also
judged to be vulnerable to other threats such as declining habitat.
Rank 2A – Plants presumed
Extirpated in California, But
Common Elsewhere
Species that are presumed extinct in California but more common
outside of California
Rank 2B – Plants Rare,
Threatened or Endangered in
California, But More
Common Elsewhere
Species that are rare in California but more common outside of
California
Rank 3 – Plants About Which
More Information Is Needed
(A Review List)
Species that are thought to be rare or in decline but CNPS lacks the
information needed to assign to the appropriate list. In most instances,
the extent of surveys for these species is not sufficient to allow CNPS
to accurately assess whether these species should be assigned to a
specific rank. In addition, many of the Rank 3 species have associated
taxonomic problems such that the validity of their current taxonomy is
unclear.
13
CRPR Rank Comments
Rank 4 – Plants of Limited
Distribution (A Watch List)
Species that are currently thought to be limited in distribution or range
whose vulnerability or susceptibility to threat is currently low. In
some cases, as noted above for Rank 3 species, CNPS lacks survey
data to accurately determine status in California. Many species have
been placed on Rank 4 in previous editions of the “Inventory” and
have been removed as survey data has indicated that the species are
more common than previously thought. CNPS recommends that
species currently included on this list should be monitored to ensure
that future substantial declines are minimized.
Extension Comments
.1 – Seriously endangered in
California
Species with over 80% of occurrences threatened and/or have a high
degree and immediacy of threat.
.2 – Fairly endangered in
California
Species with 20-80% of occurrences threatened.
.3 – Not very endangered in
California
Species with <20% of occurrences threatened or with no current
threats known.
3.3 Jurisdictional Waters
3.3.1 Army Corps of Engineers
Pursuant to Section 404 of the Clean Water Act, the Corps regulates the discharge of dredged
and/or fill material into waters of the United States. The term “waters of the United States” is
defined in Corps regulations at 33 CFR Part 328.3(a) as:
(1) Waters which are:
(i) Currently used, or were used in the past, or may be susceptible to use
in interstate or foreign commerce, including all waters which are
subject to the ebb and flow of the tide;
(ii) The territorial seas; or
(iii) Interstate waters;
(2) Impoundments of waters otherwise defined as waters of the United States
under this definition, other than impoundments of waters identified under
paragraph (a)(5) of this section;
(3) Tributaries of waters identified in paragraphs (a)(1) or (2) of this section that
are relatively permanent, standing or continuously flowing bodies of water;
(4) Wetlands adjacent to the following waters:
(i) Waters identified in paragraph (a)(1) of this section; or
(ii) Relatively permanent, standing or continuously flowing bodies of
water identified in paragraph (a)(2) or (a)(3) of this section and with a
continuous surface connection to those waters;
(5) Intrastate lakes and ponds not identified in paragraphs (a)(1) through (4) of
this section that are relatively permanent, standing or continuously flowing
bodies of water with a continuous surface connection to the waters identified
in paragraph (a)(1) or (a)(3) of this section.
14
Corps regulations at 33 CFR Part 328.3(b) exclude the following from being “waters of the
United States” even where they otherwise meet the terms of paragraphs (a)(2) through (5) above:
(1) Waste treatment systems, including treatment ponds or lagoons, designed to
meet the requirements of the Clean Water Act;
(2) Prior converted cropland designated by the Secretary of Agriculture. The
exclusion would cease upon a change of use, which means that the area is no
longer available for the production of agricultural commodities.
Notwithstanding the determination of an area’s status as prior converted
cropland by any other Federal agency, for the purposes of the Clean Water
Act, the final authority regarding Clean Water Act jurisdiction remains with
EPA;
(3) Ditches (including roadside ditches) excavated wholly in and draining only
dry land and that do not carry a relatively permanent flow of water;
(4) Artificially irrigated areas that would revert to dry land if the irrigation
ceased;
(5) Artificial lakes or ponds created by excavating or diking dry land to collect
and retain water and which are used exclusively for such purposes as stock
watering, irrigation, settling basins, or rice growing;
(6) Artificial reflecting or swimming pools or other small ornamental bodies of
water created by excavating or diking dry land to retain water for primarily
aesthetic reasons;
(7) Waterfilled depressions created in dry land incidental to construction activity
and pits excavated in dry land for the purpose of obtaining fill, sand, or
gravel unless and until the construction or excavation operation is abandoned
and the resulting body of water meets the definition of waters of the United
States; and
(8) Swales and erosional features (e.g., gullies, small washes) characterized by
low volume, infrequent, or short duration flow.
In the absence of wetlands, the limits of Corps jurisdiction in non-tidal waters, such as
intermittent streams, extend to the OHWM which is defined at 33 CFR 328.3(c)(4) as:
...that line on the shore established by the fluctuation of water and indicated by
physical characteristics such as clear, natural line impressed on the bank,
shelving, changes in the character of soil, destruction of terrestrial vegetation, the
presence of litter and debris, or other appropriate means that consider the
characteristics of the surrounding areas.
“Adjacent” wetlands are defined by 33 CFR 328.3(c)(2) as those wetlands “having a
continuous surface connection” to other waters of the United States.
Wetland Definition Pursuant to Section 404 of the Clean Water Act
The term “wetlands” (a subset of “waters of the United States”) is defined at 33 CFR 328.3(c)(1)
as “areas that are inundated or saturated by surface or ground water at a frequency and duration
15
sufficient to support, and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas.” In 1987 the Corps published the Wetland Manual to guide its
field personnel in determining jurisdictional wetland boundaries. The methodology set forth in
the Wetland Manual and the Arid West Supplement generally require that, in order to be
considered a wetland, the vegetation, soils, and hydrology of an area exhibit at least minimal
hydric characteristics. While the Wetland Manual and Arid West Supplement provide great
detail in methodology and allow for varying special conditions, a wetland should normally meet
each of the following three criteria:
• More than 50 percent of the dominant plant species at the site must be hydrophytic in
nature as published in the most current national wetland plant list;
• Soils must exhibit physical and/or chemical characteristics indicative of permanent or
periodic saturation (e.g., a gleyed color, or mottles with a matrix of low chroma
indicating a relatively consistent fluctuation between aerobic and anaerobic conditions);
and
• Whereas the Wetland Manual requires that hydrologic characteristics indicate that the
ground is saturated to within 12 inches of the surface for at least five percent of the
growing season during a normal rainfall year, the Arid West Supplement does not include
a quantitative criteria with the exception for areas with “problematic hydrophytic
vegetation”, which require a minimum of 14 days of ponding to be considered a wetland.
Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers,
et al.
Pursuant to Article I, Section 8 of the U.S. Constitution, federal regulatory authority extends only
to activities that affect interstate commerce. In the early 1980s the Corps interpreted the
interstate commerce requirement in a manner that restricted Corps jurisdiction on isolated
(intrastate) waters. On September 12, 1985, the U.S. Environmental Protection Agency (EPA)
asserted that Corps jurisdiction extended to isolated waters that are used or could be used by
migratory birds or endangered species, and the definition of “waters of the United States” in
Corps regulations was modified as quoted above from 33 CFR 328.3(a).
On January 9, 2001, the Supreme Court of the United States issued a ruling on Solid Waste
Agency of Northern Cook County v. United States Army Corps of Engineers, et al. (SWANCC).
In this case the Court was asked whether use of an isolated, intrastate pond by migratory birds is
a sufficient interstate commerce connection to bring the pond into federal jurisdiction of Section
404 of the Clean Water Act.
The written opinion notes that the court’s previous support of the Corps’ expansion of
jurisdiction beyond navigable waters (United States v. Riverside Bayview Homes, Inc.) was for a
wetland that abutted a navigable water and that the court did not express any opinion on the
question of the authority of the Corps to regulate wetlands that are not adjacent to bodies of open
water. The current opinion goes on to state:
16
In order to rule for the respondents here, we would have to hold that the
jurisdiction of the Corps extends to ponds that are not adjacent to open water. We
conclude that the text of the statute will not allow this.
Therefore, we believe that the court’s opinion goes beyond the migratory bird issue and says that
no isolated, intrastate water is subject to the provisions of Section 404(a) of the Clean Water Act
(regardless of any interstate commerce connection). However, the Corps and EPA have issued a
joint memorandum which states that they are interpreting the ruling to address only the migratory
bird issue and leaving the other interstate commerce clause nexuses intact.
3.3.2 Regional Water Quality Control Board
The State Water Resource Control Board and each of its nine Regional Boards regulate the
discharge of waste (dredged or fill material) into waters of the United States 1 and waters of the
state. Waters of the United States are defined above in Section II.A and waters of the state are
defined as “any surface water or groundwater, including saline waters, within the boundaries of
the state” (California Water Code 13050[e]).
Section 401 of the CWA requires certification for any federal permit or license authorizing
impacts to waters of the U.S. (i.e., waters that are within federal jurisdiction), such as Section
404 of the CWA and Section 10 of the Safe Rivers and Harbors Act, to ensure that the impacts
do not violate state water quality standards. When a project could impact waters outside of
federal jurisdiction, the Regional Board has the authority under the Porter-Cologne Water
Quality Control Act to issue Waste Discharge Requirements (WDRs) to ensure that impacts do
not violate state water quality standards. Clean Water Act Section 401 Water Quality
Certifications, WDRs, and waivers of WDRs are also referred to as orders or permits.
State Wetland Definition
The Water Boards define an area as wetland 2 as follows: “An area is wetland if, under normal
circumstances, (1) the area has continuous or recurrent saturation of the upper substrate caused
by groundwater, or shallow surface water, or both; (2) the duration of such saturation is
sufficient to cause anaerobic conditions in the upper substrate; and (3) the area’s vegetation is
dominated by hydrophytes or the area lacks vegetation.”
1 Therefore, wetlands that meet the current definition, or any historic definition, of waters of the U.S. are waters of
the state. In 2000, the State Water Resources Control Board determined that all waters of the U.S. are also waters of
the state by regulation, prior to any regulatory or judicial limitations on the federal definition of waters of the U.S.
(California Code or Regulations title 23, section 3831(w)). This regulation has remained in effect despite subsequent
changes to the federal definition. Therefore, waters of the state includes features that have been determined by the
U.S. Environmental Protection Agency (U.S. EPA) or the U.S. Army Corps of Engineers (Corps) to be “waters of
the U.S.” in an approved jurisdictional determination; “waters of the U.S.” identified in an aquatic resource report
verified by the Corps upon which a permitting decision was based; and features that are consistent with any current
or historic final judicial interpretation of “waters of the U.S.” or any current or historic federal regulation defining
“waters of the U.S.” under the federal Clean Water Act.
2 State Water Resources Control Board. 2019. State Wetland Definition and Procedures for Discharges of Dredged
or Fill Material to Waters of the State. [For Inclusion in the Water Quality Control Plans for Inland Surface Waters
and Enclosed Bays and Estuaries and Ocean Waters of California].
17
The following wetlands are waters of the state:
1. Natural wetlands;
2. Wetlands created by modification of a surface water of the state;3 and
3. Artificial wetlands 4 that meet any of the following criteria:
a. Approved by an agency as compensatory mitigation for impacts to other waters
of the state, except where the approving agency explicitly identifies the mitigation
as being of limited duration;
b. Specifically identified in a water quality control plan as a wetland or other
water of the state;
c. Resulted from historic human activity, is not subject to ongoing operation and
maintenance, and has become a relatively permanent part of the natural landscape;
or
d. Greater than or equal to one acre in size, unless the artificial wetland was
constructed, and is currently used and maintained, primarily for one or more of
the following purposes (i.e., the following artificial wetlands are not waters of the
state unless they also satisfy the criteria set forth in 2, 3a, or 3b):
i. Industrial or municipal wastewater treatment or disposal,
ii. Settling of sediment,
iii. Detention, retention, infiltration, or treatment of stormwater runoff and
other pollutants or runoff subject to regulation under a municipal,
construction, or industrial stormwater permitting program,
iv. Treatment of surface waters,
v. Agricultural crop irrigation or stock watering,
vi. Fire suppression,
vii. Industrial processing or cooling,
viii. Active surface mining – even if the site is managed for interim
wetlands functions and values,
ix. Log storage,
x. Treatment, storage, or distribution of recycled water, or
xi. Maximizing groundwater recharge (this does not include wetlands that
have incidental groundwater recharge benefits); or
xii. Fields flooded for rice growing.5
3 “Created by modification of a surface water of the state” means that the wetland that is being evaluated was
created by modifying an area that was a surface water of the state at the time of such modification. It does not
include a wetland that is created in a location where a water of the state had existed historically, but had already
been completely eliminated at some time prior to the creation of the wetland. The wetland being evaluated does not
become a water of the state due solely to a diversion of water from a different water of the state.
4 Artificial wetlands are wetlands that result from human activity.
5 Fields used for the cultivation of rice (including wild rice) that have not been abandoned due to five consecutive
years of non-use for the cultivation of rice (including wild rice) that are determined to be a water of the state in
accordance with these Procedures shall not have beneficial use designations applied to them through the Water
Quality Control Plan for the Sacramento and San Joaquin River Basins, except as otherwise required by federal law
for fields that are considered to be waters of the United States. Further, agricultural inputs legally applied to fields
18
All artificial wetlands that are less than an acre in size and do not satisfy the criteria set
forth in 2, 3.a, 3.b, or 3.c are not waters of the state. If an aquatic feature meets the
wetland definition, the burden is on the applicant to demonstrate that the wetland is not a
water of the state.
3.3.3 California Department of Fish and Wildlife
Pursuant to Division 2, Chapter 6, Sections 1600-1603 of the California Fish and Game Code,
the CDFW regulates all diversions, obstructions, or changes to the natural flow or bed, channel,
or bank of any river, stream, or lake, which supports fish or wildlife.
CDFW defines a stream (including creeks and rivers) as “a body of water that flows at least
periodically or intermittently through a bed or channel having banks and supports fish or other
aquatic life. This includes watercourses having surface or subsurface flow that supports or has
supported riparian vegetation.” CDFW's definition of “lake” includes “natural lakes or man-
made reservoirs.” CDFW also defines a stream as “a body of water that flows, or has flowed,
over a given course during the historic hydrologic regime, and where the width of its course can
reasonably be identified by physical or biological indicators.”
It is important to note that the Fish and Game Code defines fish as “a wild fish, mollusk,
crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals” (FGC
Division 0.5, Chapter 1, section 45), and wildlife as “all wild animals, birds, plants, fish,
amphibians, reptiles, and related ecological communities, including the habitat upon which the
wildlife depends for its continued viability” (FGC Division 0.5, Chapter 1, section 89.5).
Furthermore, Division 2, Chapter 5, Article 6, Section 1600 et seq. of the California Fish and
Game Code does not limit jurisdiction to areas defined by specific flow events, seasonal changes
in water flow, or presence/absence of vegetation types or communities.
4.0 RESULTS
This section provides the results of general biological surveys, vegetation mapping, habitat
assessments and focused surveys for special-status plants and animals, and an evaluation for
Waters of the United States (including wetlands) subject to the jurisdiction of the Corps and
Regional Board, and streams (including riparian vegetation) and lakes subject to the jurisdiction
of CDFW.
4.1 Existing Conditions
The Project site consists of entirely developed land with an existing 38-bay partially covered
synthetic turf driving range, a putting green, three holes of the Newport Beach Golf Course (holes 1,
used for the cultivation of rice (including wild rice) shall not constitute a discharge of waste to a water of the state.
Agricultural inputs that migrate to a surface water or groundwater may be considered a discharge of waste and are
subject to waste discharge requirements or waivers of such requirements pursuant to the Water Board’s authority to
issue or waive waste discharge requirements or take other actions as applicable.
19
2, and 9), a pro shop, a restaurant, and a large surface parking lot. The Project site occurs at an
elevation ranging from approximately 15 to 54 feet above mean sea level (AMSL). Vegetation
consists of ornamental turf, shrubs, and trees; no remnant native vegetation alliances are present.
Two culverts are located near the western corner of the property that function to drain surface
runoff from upland areas of the golf course including cart paths and fairways. No jurisdictional
drainage features, riparian vegetation, or wetlands are present.
The National Cooperative Soil Survey (NCSS) has mapped the following soil types as occurring
in association with the Project site: Myford sandy loam, 2 to 9 percent slopes; Myford sandy
loam, 9 to 15 percent slopes; Myford sandy loam, thick surface, 0 to 2 percent slopes; and
thapto-histic fluvaquents.
4.2 Vegetation Mapping
During vegetation mapping of the Project site, two different vegetation alliances/land uses were
identified. Table 4-1 provides a summary of vegetation alliances/land uses and the
corresponding acreage. Detailed descriptions of each vegetation type follow the table. A
Vegetation Map is attached as Exhibit 4. Photographs depicting the various vegetation types and
land uses are attached as Exhibit 5.
Table 4-1. Summary of Vegetation/Land Use Types for the Project Site
Vegetation/Land Use
Type
Onsite
(acres)
Offsite
(acres)
Project Site
(Acres)
Turf Grass/Ornamental 6.04 0 6.04
Disturbed/Developed 9.40 0.08 9.48
Total 15.44 0.08 15.52
Turf Grass/Ornamental
The Project site contains approximately 6.04 acres of turf grass/ornamental, all of which is onsite
and is located on the western half of the Property consisting of golf course holes 1, 2, and 9. The
golf course fairways and greens are primarily vegetated with manicured turf grasses including
bermudagrass (Cynodon dactylon) and Saint Augustine grass (Stenotaphrum secundatum), along
with other weedy non-native grasses and forbs including Dallis grass (Paspalum dilatatum) and
bur clover (Medicago polymorpha). Ornamental trees occur throughout the area, including
Aleppo pine (Pinus halepensis), lemon scented gum (Eucalyptus citriodora), shamel ash
(Fraxinus uhdei), and whiteflower kurrajong (Brachychiton populneum). Along the northwestern
property boundary adjacent to the Santa Ana Delhi Channel are a few disjunct patches of
iceplant (Carpobrotus edulis) growing with Mexican fan palm (Washingtonia robusta). Other
component species include yellow nutgrass (Cyperus esculentus), flax-leaved horseweed
(Erigeron bonariensis), Canada horseweed (Erigeron canadensis), bristly ox-tongue
(Helminthotheca echioides), spiny sowthistle (Sonchus asper), common sowthistle (Sonchus
oleraceus), cape honeysuckle (Tecoma capensis), Virgina pepperweed (Lepidium virginicum),
Australian saltbush (Atriplex semibaccata), alkali weed (Cressa truxillensis), Asian ponysfoot
(Dichondra micrantha), rattlesnake sandmat (Euphorbia albomarginata), bird’s foot trefoil
20
(Lotus corniculatus), shoeblackplant (Hibiscus rosa-sinensis), cheeseweed mallow (Malva
parviflora), common plantain (Plantago major), prostrate knotweed (Polygonum aviculare),
curly dock (Rumex crispus), Italian cypress (Cupressus sempervirens), Canary Island pine (Pinus
canariensis), red-box gum (Eucalyptus polyanthemos), and Japanese privet (Ligustrum
japonicum).
Disturbed/Developed
The Project site contains approximately 9.48 acres of disturbed/developed land, of which 0.08
acre is located offsite and 9.48 acres are located onsite on the eastern half of the Property. This
area consists of a paved parking lot, a driving range with synthetic turf, other golf course
structures and amenities including a pro shop and restaurant, and a graded slope vegetated with
both ruderal and ornamental vegetation. Integrated planters within the parking lot contain olives
(Olea europaea), Mexican fan palm, queen palm (Syagrus romanzoffiana), whiteflower
kurrajong, lemon scented gum, blue gum (Eucalyptus globulus), and brush box (Lophostemon
confertus). A graded slope on the northeastern edge of the Property supports both ruderal and
ornamental vegetation, including Canary Island pine (Pinus canariensis), Aleppo pine, lemon
scented gum, slender oat (Avena barbata), iceplant, prickly lettuce (Lactuca serriola), Mexican
fan palm, carrotwood (Cupaniopsis anacardioides), and a single coast live oak (Quercus
agrifolia). Other component species include sago palm (Cycas revoluta), pygmy date palm
(Phoenix roebelenii), purple fountain grass (Pennisetum setaceum ‘Rubrum’), plumeria
(Plumeria rubra), spider plant (Chlorophytum comosum), Russian thistle, aeonium (Aeonium
sp.), echeveria (Echeveria sp.), jade plant (Crassula ovata), elephant bush (Portulacaria afra),
and Brazilian pepper tree (Schinus terebinthifolia).
4.3 Special-Status Vegetation Communities
The CNDDB identifies the following seven special-status vegetation communities for the
Newport Beach, Seal Beach, Laguna Beach, Tustin, Orange, Anaheim, and Los Alamitos
quadrangle maps: southern dune scrub, southern foredunes, valley needlegrass grassland,
southern coastal salt marsh, southern sycamore alder riparian woodland, southern coast live oak
riparian forest, and California walnut woodland. The Project site does not contain any special-
status vegetation types, including those identified by the CNDDB.
4.4 Special-Status Plants
No special-status plants were detected at the Project site, and none are expected to occur due to a
lack of suitable habitat. Table 4-2 provides a list of special-status plants evaluated for the Project
site through a general biological survey and habitat assessments. Species were evaluated based
on the following factors: 1) species identified by the CNDDB and CNPS as occurring (either
currently or historically) on or in the vicinity of the Project site, and 2) any other special-status
plants that are known to occur within the vicinity of the Project site, or for which potentially
suitable habitat occurs within the site.
21
Table 4-2. Special-Status Plants Evaluated for the Project Site
Species Name Status
Habitat
Requirements Occurrence
Allen's pentachaeta
Pentachaeta aurea ssp. allenii
Federal: None
State: None
CRPR: Rank 1B.1
NCCP/HCP: Not covered
Openings in coastal sage
scrub, and valley and
foothill grasslands.
Does not occur
Aphanisma
Aphanisma blitoides
Federal: None
State: None
CRPR: Rank 1B.2
NCCP/HCP: Not covered
Sandy soils in coastal bluff
scrub, coastal dunes, and
coastal scrub.
Does not occur
Big-leaved crownbeard
Verbesina dissita
Federal: FT
State: ST
CRPR: Rank 1B.1
NCCP/HCP: Not covered
Southern maritime
chaparral, coastal sage
scrub
Does not occur
Brand's star phacelia
Phacelia stellaris
Federal: None
State: None
CRPR: Rank 1B.1
NCCP/HCP: Not covered
Coastal dunes and coastal
sage scrub.
Does not occur
California Orcutt grass
Orcuttia californica
Federal: FE
State: SE
CRPR: Rank 1B.1
NCCP/HCP: Not covered
Vernal pools
Does not occur
Chaparral ragwort
Senecio aphanactis
Federal: None
State: None
CRPR: Rank 2B.2
NCCP/HCP: Not covered
Chaparral, cismontane
woodland, coastal scrub.
Sometimes associated with
alkaline soils.
Does not occur
Chaparral sand-verbena
Abronia villosa var. aurita
Federal: None
State: None
CRPR: Rank 1B.1
NCCP/HCP: Not covered
Sandy soils in chaparral,
coastal sage scrub.
Does not occur
Cliff spurge
Euphorbia misera
Federal: None
State: None
CRPR: Rank 2B.2
NCCP/HCP: Covered
Coastal bluff scrub and
coastal sage scrub.
Occurring on rocky soils.
Does not occur
Coast woolly-heads
Nemacaulis denudata var.
denudata
Federal: None
State: None
CRPR: Rank 1B.2
NCCP/HCP: Not covered
Coastal dunes
Does not occur
Coulter's goldfields
Lasthenia glabrata ssp. coulteri
Federal: None
State: None
CRPR: Rank 1B.1
NCCP/HCP: Not covered
Playas, vernal pools,
marshes and swamps
(coastal salt).
Does not occur
22
Species Name Status
Habitat
Requirements Occurrence
Coulter's saltbush
Atriplex coulteri
Federal: None
State: None
CRPR: Rank 1B.2
NCCP/HCP: Not covered
Coastal bluff scrub, coastal
dunes, coastal sage scrub,
valley and foothill
grassland. Occurring on
alkaline or clay soils.
Does not occur
Davidson's saltscale
Atriplex serenana var.
davidsonii
Federal: None
State: None
CRPR: Rank 1B.2
NCCP/HCP: Not covered
Alkaline soils in coastal
sage scrub, coastal bluff
scrub.
Does not occur
Decumbent goldenbush
Isocoma menziesii var.
decumbens
Federal: None
State: None
CRPR: Rank 1B.2
NCCP/HCP: Not covered
Chaparral, coastal scrub
(sandy, often in disturbed
areas)
Does not occur
Estuary seablite
Suaeda esteroa
Federal: None
State: None
CRPR: Rank 1B.2
NCCP/HCP: Not covered
Coastal salt marsh and
swamps. Occurring in
sandy soils
Does not occur
Intermediate mariposa-lily
Calochortus weedii var.
intermedius
Federal: None
State: None
CRPR: Rank 1B.2
NCCP/HCP: Covered
Rocky soils in chaparral,
coastal sage scrub, valley
and foothill grassland.
Does not occur
Laguna Beach dudleya
Dudleya stolonifera
Federal: FT
State: ST
CRPR: Rank 1B.1
NCCP/HCP: Covered
Chaparral, cismontane
woodland, coastal sage
scrub, valley and foothill
grassland. Occurring on
rocky soils.
Does not occur
Los Angeles sunflower
Helianthus nuttallii ssp.
parishii
Federal: None
State: None
CRPR: Rank 1A
NCCP/HCP: Not covered
Marshes and swamps
(coastal salt and
freshwater).
Does not occur
Lucky morning-glory
Calystegia felix
Federal: None
State: None
CRPR: Rank 1B.1
NCCP/HCP: Not covered
Historically associated with
wetland and marshy places,
but possibly in drier
situations as well. Possibly
silty loam and alkaline
soils. Meadows and seeps
(sometimes alkaline),
riparian scrub (alluvial).
Does not occur
Many-stemmed dudleya
Dudleya multicaulis
Federal: None
State: None
CRPR: Rank 1B.2
NCCP/HCP: Not covered
Chaparral, coastal sage
scrub, valley and foothill
grassland. Often occurring
in clay soils.
Does not occur
23
Species Name Status
Habitat
Requirements Occurrence
Mesa horkelia
Horkelia cuneata var. puberula
Federal: None
State: None
CRPR: Rank 1B.1
NCCP/HCP: Not covered
Sandy or gravelly soils in
chaparral (maritime),
cismontane woodland, and
coastal scrub.
Does not occur
Mud nama
Nama stenocarpum
Federal: None
State: None
CRPR: Rank 2B.2
NCCP/HCP: Not covered
Marshes and swamps
Does not occur
Nuttall's scrub oak
Quercus dumosa
Federal: None
State: None
CRPR: Rank 1B.1
NCCP/HCP: Covered
Closed-cone coniferous
forest, chaparral, and
coastal sage scrub.
Occurring on sandy, clay
loam soils.
Does not occur
Orcutt's pincushion
Chaenactis glabriuscula var.
orcuttiana
Federal: None
State: None
CRPR: Rank 1B.1
NCCP/HCP: Not covered
Coastal bluff scrub (sandy
soils) and coastal dunes.
Does not occur
Parish's brittlescale
Atriplex parishii
Federal: None
State: None
CRPR: Rank 1B.1
NCCP/HCP: Not covered
Chenopod scrub, playas,
vernal pools.
Does not occur
Prostrate vernal pool navarretia
Navarretia prostrata
Federal: None
State: None
CRPR: Rank 1B.2
NCCP/HCP: Not covered
Coastal sage scrub, valley
and foothill grassland
(alkaline), vernal pools.
Occurring in mesic soils.
Does not occur
Robinson's pepper grass
Lepidium virginicum var.
robinsonii
Federal: None
State: None
CRPR: Rank 4.3
NCCP/HCP: Not covered
Chaparral, coastal sage
scrub
Does not occur
Salt marsh bird's-beak
Chloropyron maritimum ssp.
maritimum
Federal: FE
State: SE
CRPR: Rank 1B.2
NCCP/HCP: Not covered
Coastal dune, coastal salt
marshes and swamps.
Does not occur
Salt Spring checkerbloom
Sidalcea neomexicana
Federal: None
State: None
CRPR: Rank 2B.2
NCCP/HCP: Not covered
Mesic, alkaline soils in
chaparral, coastal sage
scrub, lower montane
coniferous forest,
Mojavean desert scrub, and
playas.
Does not occur
24
Species Name Status
Habitat
Requirements Occurrence
San Bernardino aster
Symphyotrichum defoliatum
Federal: None
State: None
CRPR: Rank 1B.2
NCCP/HCP: Not covered
Cismontane woodland,
coastal scrub, lower
montane coniferous forest,
meadows and seeps,
marshes and swamps,
valley and foothill
grassland (vernally mesic).
Does not occur
San Diego button-celery
Eryngium aristulatum var.
parishii
Federal: FE
State: SE
CRPR: Rank 1B.1
NCCP/HCP: Not covered
Mesic soils in vernal pools,
valley and foothill
grasslands, coastal sage
scrub.
Does not occur
Sanford's arrowhead
Sagittaria sanfordii
Federal: None
State: None
CRPR: Rank 1B.2
NCCP/HCP: Not covered
Marshes and swamps
(assorted shallow
freshwater).
Does not occur
Santa Ana River woolly star
Eriastrum densifolium ssp.
sanctorum
Federal: FE
State: SE
CRPR: Rank 1B.1
NCCP/HCP: Not covered
Alluvial fan sage scrub,
chaparral. Occurring on
sandy or rocky soils.
Does not occur
South coast saltscale
Atriplex pacifica
Federal: None
State: None
CRPR: Rank 1B.2
NCCP/HCP: Not covered
Coastal bluff scrub, coastal
dunes, coastal sage scrub,
playas.
Does not occur
Southern tarplant
Centromadia parryi ssp.
australis
Federal: None
State: None
CRPR: Rank 1B.1
NCCP/HCP: Not covered
Disturbed habitats, margins
of marshes and swamps,
vernally mesic valley and
foothill grassland, vernal
pools.
Does not occur
Summer holly
Comarostaphylis diversifolia
ssp. diversifolia
Federal: None
State: None
CRPR: Rank 1B.2
NCCP/HCP: Not covered
Chaparral.
Does not occur
Ventura Marsh milk-vetch
Astragalus pycnostachyus var.
lanosissimus
Federal: FE
State: SE
CRPR: Rank 1B.1
NCCP/HCP: Not covered
Coastal dunes, coastal
scrub, marshes and swamps
(edges, coastal salt or
brackish)
Does not occur
STATUS
Federal State
FE – Federally Endangered SE – State Endangered
FT – Federally Threatened ST – State Threatened
FC – Federal Candidate
25
CNPS
Rank 1A – Plants presumed extirpated in California and either rare or extinct elsewhere.
Rank 1B – Plants rare, threatened, or endangered in California and elsewhere.
Rank 2A – Plants presumed extirpated in California, but common elsewhere.
Rank 2B – Plants rare, threatened, or endangered in California, but more common elsewhere.
Rank 3 – Plants about which more information is needed (a review list).
Rank 4 – Plants of limited distribution (a watch list).
Threat Code extension
.1 – Seriously endangered in California (over 80% occurrences threatened)
.2 – Fairly endangered in California (20-80% occurrences threatened)
.3 – Not very endangered in California (<20% of occurrences threatened or no current threats known)
OCCURRENCE
Does not occur – The site does not contain habitat for the species and/or the site does not occur within the
geographic range of the species.
Confirmed absent – The site contains suitable habitat for the species, but the species has been confirmed absent
through focused surveys.
Not expected to occur – The species is not expected to occur onsite due to low habitat quality, however
presence cannot be ruled out.
Potential to occur – The species has a potential to occur based on suitable habitat, however its presence/absence
has not been confirmed.
Confirmed present – The species was detected onsite incidentally or through focused surveys
4.5 Special-Status Animals
No special-status animals were detected at the Project site. Table 4-3 provides a list of special-
status animals evaluated for the Project site through general biological surveys, habitat
assessments, and focused surveys. Species were evaluated based on the following factors,
including: 1) species identified by the CNDDB as occurring (either currently or historically) on
or in the vicinity of the Project site, and 2) any other special-status animals that are known to
occur within the vicinity of the Project site, for which potentially suitable habitat occurs on the
site.
Table 4-3. Special Status Animals Evaluated for the Project Site
Species Name Status Habitat Requirements Occurrence
Invertebrates
American bumble bee
Bombus pensylvanicus
Federal: None
State: None
State Rank: S2
NCCP/HCP: Not
covered
Coastal prairie, great basin
grassland, and valley &
foothill grassland. Forages on
a wide variety of flowers
including vetches (Vicia),
clovers (Trifolium), thistles
(Cirsium), sunflowers
(Helianthus), etc. Nests above
ground under long grass or
underground. Queens
overwinter in rotten wood or
underground.
Does not occur
26
Species Name Status Habitat Requirements Occurrence
Crotch’s bumble bee
Bombus crotchii
Federal: None
State: SCE
State Rank: S2
NCCP/HCP: Not
covered
Relatively warm and dry
sites, including the inner
Coast Range of California
and margins of the Mojave
Desert.
Not expected to occur
Dorothy's El Segundo
Dune weevil
Trigonoscuta dorothea
dorothea
Federal: None
State: None
State Rank: S1
NCCP/HCP: Not
covered
Sand dunes in El Segundo,
CA.
Does not occur
Globose dune beetle
Coelus globosus
Federal: None
State: None
State Rank: S1S2
NCCP/HCP: Not
covered
Burrows under vegetation in
coastal sand dunes
Does not occur
Mimic tryonia
(=California brackishwater
snail)
Tryonia imitator
Federal: None
State: None
State Rank: S2
NCCP/HCP: Not
covered
Coastal areas with brackish
waters.
Does not occur
Monarch butterfly
(California overwintering
population)
Danaus plexippus pop. 1
Federal: FPT
State: None
State Rank: S2
NCCP/HCP: Not
covered
Roosts in winter in wind-
protected tree groves along
the California coast from
northern Mendocino to Baja
California, Mexico.
Overwintering population
confirmed absent
Riverside fairy shrimp
Streptocephalus woottoni
Federal: FE
State: None
State Rank: S2
NCCP/HCP: Not
covered
Restricted to deep seasonal
vernal pools, vernal pool-like
ephemeral ponds, and stock
ponds.
Does not occur
San Diego fairy shrimp
Branchinecta
sandiegonensis
Federal: FE
State: None
State Rank: S1
NCCP/HCP: Not
covered
Seasonal vernal pools
Does not occur
San Gabriel chestnut
Glyptostoma gabrielense
Federal: None
State: None
State Rank: S3
NCCP/HCP: Not
covered
Semi-arid areas, most often
under rocks, debris, logs or
cactus in low elevation hills
Does not occur
Wandering (=saltmarsh)
skipper
Panoquina errans
Federal: None
State: None
State Rank: S2
NCCP/HCP: Not
covered
Ocean bluffs and other open
areas near the ocean.
Does not occur
27
Species Name Status Habitat Requirements Occurrence
Western beach tiger beetle
Cicindela latesignata
latesignata
Federal: None
State: None
State Rank: S1
NCCP/HCP: Not
covered
Forages in open unvegetated
areas such as marsh plannes
and levees. Larvae burrow in
moist unvegetated substrates.
Does not occur
Western tidal-flat tiger
beetle
Habroscelimorpha gabbii
Federal: None
State: None
State Rank: S1
NCCP/HCP: Not
covered
Open, unvegetated areas in or
near salt marshes.
Does not occur
Fish
Santa Ana sucker
Catostomus santaanae
Federal: FT
State: None
State Rank: S1
NCCP/HCP: Not
covered
Small, shallow streams, less
than 7 meters in width, with
currents ranging from swift in
the canyons to sluggish in the
bottom lands. Preferred
substrates are generally
coarse and consist of gravel,
rubble, and boulders with
growths of filamentous algae,
but occasionally they are
found on sand/mud
substrates.
Does not occur
Southern steelhead -
southern California DPS
Oncorhynchus mykiss
irideus pop. 10
Federal: FE
State: CE
State Rank: S1
NCCP/HCP: Not
covered
Clear, swift moving streams
with gravel for spawning.
Federal listing refers to
populations from Santa Maria
river south to southern extent
of range (San Mateo Creek in
San Diego county.)
Does not occur
Tidewater goby
Eucyclogobius newberryi
Federal: FE
State: SSC
State Rank: S3
NCCP/HCP: Not
covered
Occurs in shallow lagoons
and lower stream reaches
along the California coast
from Agua Hedionda Lagoon,
San Diego Co. to the mouth
of the Smith River.
Does not occur
Amphibians
Western spadefoot
Spea hammondii
Federal: FPT
State: SSC
State Rank: S3S4
NCCP/HCP: Covered
Seasonal pools in coastal sage
scrub, chaparral, and
grassland habitats.
Does not occur
Reptiles
Coast horned lizard
Phrynosoma blainvillii
Federal: None
State: SSC
State Rank: S4
NCCP/HCP: Covered
Occurs in a variety of
vegetation types including
coastal sage scrub, chaparral,
annual grassland, oak
woodland, and riparian
woodlands.
Does not occur
28
Species Name Status Habitat Requirements Occurrence
Green sea turtle
Chelonia mydas
Federal: FT
State: None
State Rank: S1
NCCP/HCP: Not
covered
Inhabits the shallow waters of
lagoons, bays, estuaries,
mangroves, eelgrass and
seaweed beds. Prefers areas
with abundant aquatic
vegetation, such as pastures
of sea grasses and algae, in
shallow, protected water.
Does not occur
Orange-throated whiptail
Aspidoscelis hyperythra
Federal: None
State: None
State Rank: S2S3
NCCP/HCP: Covered
Coastal sage scrub, chaparral,
non-native grassland, oak
woodland, and juniper
woodland.
Does not occur
Red-diamond rattlesnake
Crotalus ruber
Federal: None
State: SSC
State Rank: S3
NCCP/HCP: Covered
Habitats with heavy brush
and rock outcrops, including
coastal sage scrub and
chaparral.
Does not occur
Southern California legless
lizard
Anniella stebbinsi
Federal: None
State: SSC
State Rank: S3
NCCP/HCP: Not
covered
Broadleaved upland forest,
chaparral, coastal dunes,
coastal scrub; found in a
broader range of habitats that
any of the other species in the
genus. Often locally
abundant, specimens are
found in coastal sand dunes
and a variety of interior
habitats, including sandy
washes and alluvial fans
Does not occur
Southwestern pond turtle
Actinemys pallida
Federal: FPT
State: SSC
State Rank: S3
NCCP/HCP: Not
covered
Slow-moving permanent or
intermittent streams, small
ponds and lakes, reservoirs,
abandoned gravel pits,
permanent and ephemeral
shallow wetlands, stock
ponds, and treatment lagoons.
Abundant basking sites and
cover necessary, including
logs, rocks, submerged
vegetation, and undercut
banks.
Does not occur
Birds
American peregrine falcon
(nesting)
Falco peregrinus anatum
Federal: Delisted
State: Delisted
State Rank: S3S4
NCCP/HCP: Covered
Breeding habitat consists of
high cliffs, tall buildings, and
bridges along the coast and
inland. Foraging habitat
primarily includes open areas
near wetlands, marshes, and
adjacent urban landscapes.
Not expected to occur
29
Species Name Status Habitat Requirements Occurrence
Belding's savannah
sparrow
Passerculus sandwichensis
beldingi
Federal: None
State: SE
State Rank: S3
NCCP/HCP: Not
covered
Coastal Marshes
Does not occur
Black skimmer (nesting
colony)
Rynchops niger
Federal: None
State: SSC
State Rank: S2
NCCP/HCP: Not
covered
Open sandy beaches, gravel
or shell bars with sparse
vegetation, mats of sea wrack
(tide-stranded debris) in
saltmarsh.
Does not occur
Burrowing owl (burrow
sites & some wintering
sites)
Athene cunicularia
Federal: None
State: SC, SSC
State Rank: S2
NCCP/HCP: Not
covered
Shortgrass prairies,
grasslands, lowland scrub,
agricultural lands
(particularly rangelands),
coastal dunes, desert floors,
and some artificial, open
areas as a year-long resident.
Occupies abandoned ground
squirrel burrows as well as
artificial structures such as
culverts and underpasses.
Does not occur
California black rail
Laterallus jamaicensis
coturniculus
Federal: None
State: ST, FP
State Rank: S2
NCCP/HCP: Not
covered
Nests in high portions of salt
marshes, shallow freshwater
marshes, wet meadows, and
flooded grassy vegetation.
Does not occur
California least tern
(nesting colony)
Sterna antillarum browni
Federal: FE
State: SE, FP
State Rank: S2
NCCP/HCP: Not
covered
Flat, vegetated substrates near
the coast. Occurs near
estuaries, bays, or harbors
where fish is abundant.
Does not occur
Coastal cactus wren (San
Diego & Orange County
only)
Campylorhynchus
brunneicapillus
sandiegensis
Federal: None
State: SSC
State Rank: S2
NCCP/HCP: Covered
Occurs almost exclusively in
cactus (cholla and prickly
pear) dominated coastal sage
scrub.
Does not occur
Coastal California
gnatcatcher
Polioptila californica
californica
Federal: FT
State: SSC
State Rank: S2
NCCP/HCP: Covered
Low elevation coastal sage
scrub and coastal bluff scrub.
Does not occur
Grasshopper sparrow
(nesting)
Ammodramus savannarum
Federal: None
State: SSC
State Rank: S3
NCCP/HCP: Not
covered
Open grassland and prairies
with patches of bare ground.
Does not occur
30
Species Name Status Habitat Requirements Occurrence
Great blue heron (nesting
colony)
Ardea herodias
Federal: None
State: None
State Rank: S4
NCCP/HCP: Not
covered
Saltwater and freshwater
habitats, from open coasts,
marshes, sloughs, riverbanks,
and lakes to backyards.
Forages in grasslands and
agricultural fields. Nests in
trees or high places.
Does not occur in a
nesting colony
Least Bell's vireo (nesting)
Vireo bellii pusillus
Federal: FE
State: SE
State Rank: S3
NCCP/HCP: Covered
Dense riparian habitats with a
stratified canopy, including
southern willow scrub, mule
fat scrub, and riparian forest.
Does not occur
Light-footed Ridgway’s
rail
Rallus obsoletus levipes
Federal: FE
State: SE, FP
State Rank: S1
NCCP/HCP: Not
covered
Cordgrass-pickleweed salt
marsh.
Does not occur
Swainson's hawk (nesting)
Buteo swainsoni
Federal: None
State: ST
State Rank: S4
NCCP/HCP: Not
covered
Summer in wide open spaces
of the American West. Nest
in grasslands, but can use
sage flats and agricultural
lands. Nests are placed in
lone trees.
Does not occur
Tricolored blackbird
(nesting colony)
Agelaius tricolor
Federal: None
State: ST, SSC
State Rank: S2
NCCP/HCP: Not
covered
Breeding colonies require
nearby water, a suitable
nesting substrate, and open-
range foraging habitat of
natural grassland, woodland,
or agricultural cropland.
Does not occur
Western snowy plover
(nesting)
Charadrius alexandrinus
nivosus
Federal: FT
State: SSC
State Rank: S3
NCCP/HCP: Not
covered
Sandy or gravelly beaches
along the coast, estuarine salt
ponds, alkali lakes, and at the
Salton Sea.
Does not occur
White-tailed kite (nesting)
Elanus leucurus
Federal: None
State: FP
State Rank: S3S4
NCCP/HCP: Not
covered
Low elevation open
grasslands, savannah-like
habitats, agricultural areas,
wetlands, and oak woodlands.
Dense canopies used for
nesting and cover.
Does not occur
Yellow rail
Coturnicops
noveboracensis
Federal: None
State: SSC
State Rank: S2
NCCP/HCP: Not
covered
Shallow marshes, and wet
meadows; in winter, drier
freshwater and brackish
marshes, as well as dense,
deep grass, and rice fields.
Does not occur
31
Species Name Status Habitat Requirements Occurrence
Yellow warbler (nesting)
Setophaga petechia
Federal: None
State: SSC
State Rank: S3
NCCP/HCP: Not
covered
Breed in lowland and foothill
riparian woodlands
dominated by cottonwoods,
alders, or willows and other
small trees and shrubs typical
of low, open-canopy riparian
woodland. During migration,
forages in woodland, forest,
and shrub habitats.
Does not occur
Yellow-breasted chat
(nesting)
Icteria virens
Federal: None
State: SSC
State Rank: S4
NCCP/HCP: Not
covered
Dense, relatively wide
riparian woodlands and
thickets of willows, vine
tangles, and dense brush with
well-developed understories.
Does not occur
Mammals
American badger
Taxidea taxus
Federal: None
State: SSC
State Rank: S3
NCCP/HCP: Not
covered
Most abundant in drier open
stages of most scrub, forest,
and herbaceous habitats, with
friable soils.
Does not occur
Big free-tailed bat
Nyctinomops macrotis
Federal: None
State: SSC
State Rank: S3
WBWG: MH
NCCP/HCP: Not
covered
Roost mainly in crevices and
rocks in cliff situations; also
utilize buildings, caves, and
tree cavitites.
Not expected to occur
Mexican long-tongued bat
Choeronycteris mexicana
Federal: None
State: SSC
State Rank: S1
WBWG: H
NCCP/HCP: Not
covered
Variety of habitats ranging
from desert, montane,
riparian, to pinyon-juniper
habitats. Found roosting in
desert canyons, deep caves,
mines, or rock crevices. Can
use abandoned buildings.
Does not occur
Pacific pocket mouse
Perognathus longimembris
pacificus
Federal: FE
State: SSC
State Rank: S2
NCCP/HCP: Covered
Fine, alluvial soils along the
coastal plain. Scarcely in
rocky soils of scrub habitats.
Does not occur
Silver-haired bat
Lasionycteris noctivagans
Federal: None
State: None
State Rank: S3S4
WBWG: M
NCCP/HCP: Not
covered
Temperate, northern
hardwoods with ponds or
streams nearby. Roost in
hollow snags and bird nests.
Not expected to occur
South coast marsh vole
Microtus californicus
stephensi
Federal: None
State: SSC
State Rank: S2
NCCP/HCP: Not
covered
Tidal marshes in Los
Angeles, Orange and
southern Ventura Counties.
Does not occur
32
Species Name Status Habitat Requirements Occurrence
Southern California
saltmarsh shrew
Sorex ornatus salicornicus
Federal: None
State: SSC
State Rank: S1
NCCP/HCP: Not
covered
Coastal marshes. Requires
dense vegetation and woody
debris for cover.
Does not occur
Western mastiff bat
Eumops perotis
californicus
Federal: None
State: SSC
State Rank: S3S4
WBWG: H
NCCP/HCP: Not
covered
Occurs in many open, semi-
arid to arid habitats, including
conifer and deciduous
woodlands, coastal scrub,
grasslands, and chaparral.
Roosts in crevices in cliff
faces, high buildings, trees,
and tunnels.
Not expected to occur
Western yellow bat
Lasiurus xanthinus
Federal: None
State: SSC
State Rank: S3
WBWG: H
NCCP/HCP: Not
covered
Found in valley foothill
riparian, desert riparian,
desert wash, and palm oasis
habitats. Roosts in trees,
particularly palms. Forages
over water and among trees.
Potential to occur
STATUS
Federal State
FE – Federally Endangered SE – State Endangered
FT – Federally Threatened ST – State Threatened
FPT – Federally Proposed Threatened SC– State Candidate
FC – Federal Candidate SCE – State Candidate Endangered
FP – California Fully-Protected Species
SSC – Species of Special Concern
State Rank
S1 – Extremely rare; typically 5 or fewer known occurrences in the state; or only a few remaining individuals;
may be especially vulnerable to extirpation.
S2 – Very rare; typically between 6 and 20 known occurrences; may be susceptible to becoming extirpated.
S3 – Rare to uncommon; typically 21 to 50 known occurrences; S3 ranked species are not yet susceptible to
becoming extirpated in the state but may be if additional populations are destroyed.
S4 – Uncommon but not rare; some cause for long-term concern due to declines or other factors.
S5 – Common, widespread, and abundant in the state.
Western Bat Working Group (WBWG)
H – High Priority
LM – Low-Medium Priority
M – Medium Priority
MH – Medium-High Priority
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OCCURRENCE
Does not occur – The site does not contain habitat for the species and/or the site does not occur within the
geographic range of the species.
Confirmed absent – The site contains suitable habitat for the species, but the species has been confirmed absent
through focused surveys.
Not expected to occur – The species is not expected to occur onsite due to low habitat quality, however
presence cannot be ruled out.
Potential to occur – The species has a potential to occur based on suitable habitat, however its presence/absence
has not been confirmed.
Confirmed present – The species was detected onsite incidentally or through focused surveys
4.5.1 Special-Status Wildlife Species Not Observed but with a Potential to Occur at the
Project Site
Great Blue Heron
Great blue heron does not have any state or federal status and is ranked as an S4 species when
occurring in a nesting colony, indicating that nesting colonies are uncommon but not rare. Great
blue heron individuals may occasionally occur on the Project site as a transient species, but this
species is not expected to occur in a nesting colony due to a lack of suitable nesting trees and
frequent human disturbance. Section 4.7 below addresses great blue heron in the context of
wildlife nursery sites.
Western Yellow Bat
The western yellow bat does not have a federal designation, is a CDFW SSC, is ranked as a high
priority species by the WBWG, and has an S3 rarity ranking, indicating that it is rare to
uncommon. The western yellow bat range includes the southwestern U.S. (Southern California,
Arizona, and extreme southwestern New Mexico), western Mexico, and the Mexican Plateau.
The western yellow bat preferentially roosts in trees, generally palms in the southern U.S. In
Tucson and Phoenix-Tempe, Arizona, often encountered among dead fronds of Washingtonia
fan palms.
This species has low potential to roost in ornamental trees, including palms, on the Project site.
4.5.2 Special-Status Wildlife Species Confirmed Absent Through Focused Surveys at the
Project Site
Monarch Butterfly California Overwintering Population
The Monarch butterfly was elevated to a Federal Proposed Threatened species under FESA on
December 12, 2024. This species does not have a state designation; however, the distribution of
the California overwintering population is tracked by the CNDDB and has a state rarity rank of
S2, meaning that overwintering sites are very rare in California. Essential overwintering areas for
North American populations are limited to about 100 places in coastal California and the
mountains of Mexico. Overwintering habitat consists of certain high altitude Mexican conifer
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forests and coastal California conifer or eucalyptus groves that provide a specific roosting
microclimate. The groves must provide protection from wind, rain, and excessive sunlight, and
moderate temperatures that are warm enough to prevent freezing yet cool enough to prevent lipid
depletion. Nectar and clean water sources are typically located near roosting sites.
No overwintering monarch butterflies were detected in and around ornamental eucalyptus and
pine trees at the Project site during focused surveys. Additionally, the trees on the Project site
occur individually and are not clustered in groves, and therefore do not exhibit the microclimate
typical of overwintering sites. As such, overwintering monarch butterflies are confirmed absent.
4.5.3 Raptor Use
The Project site provides suitable foraging, breeding, and roosting habitat for a number of raptor
species.
Southern California holds a diversity of birds of prey (raptors and owls), and many of these
species are in decline. For most of the declining species, foraging requirements include
extensive open, undisturbed, or lightly disturbed areas, especially grasslands. This type of
habitat has declined severely in the region, affecting many species, but especially raptors. A few
species, such as red-tailed hawk (Buteo jamaicensis), Cooper’s hawk (Accipiter cooperi),
American kestrel (Falco sparverius), and great horned owl (Bubo virginianus) are somewhat
adaptable to low-level human disturbance and can be readily observed adjacent to neighborhoods
and other types of development. These species still require appropriate foraging habitat and low
levels of disturbance in the vicinity of nesting sites.
No raptor species were detected over the course of the field studies; however, common, urban
adapted species may occasionally occur. The Project site lacks potential nesting habitat (e.g.,
mature trees, shrubs) for special-status raptor species but is expected to provide marginal
foraging habitat for common raptors that supports prey species such as insects, spiders, lizards,
snakes, small mammals, and other birds.
4.6 Nesting Birds
The Project site contains trees, shrubs, and ground cover that provide suitable habitat for nesting
migratory birds. Impacts to nesting birds are prohibited under the Migratory Bird Treaty Act
(MBTA) and California Fish and Game Code.6
6 The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R.
Part 10, including feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations
(50 C.F.R.21). In addition, sections 3505, 3503.5, and 3800 of the California Department of Fish and Game Code
prohibit the take, possession, or destruction of birds, their nests or eggs.
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4.7 Wildlife Linkages/Corridors and Nursery Sites
Wildlife Movement
Habitat linkages are areas that provide a connection between two or more other habitat areas that
are often larger or superior in quality to the linkage. Such linkage sites can be quite small or
constricted, but may can be vital to the long-term health of connected habitats. Linkage values
are often addressed in terms of “gene flow” between populations, with movement taking
potentially many generations.
Corridors are similar to linkages but provide specific opportunities for individual animals to
disperse or migrate between areas, generally extensive but otherwise partially or wholly
separated regions. Adequate cover and tolerably low levels of disturbance are common
requirements for corridors. Habitat in corridors may be quite different than that in the connected
areas, but if used by the wildlife species of interest, the corridor will still function as desired.
The Project site is bounded by Irvine Avenue to the north and west, Mesa Drive to the southwest,
and commercial and residential land uses to the north, east, and west, and a fire station and other
development to the east. The immediate vicinity of the Project site is also developed with an
existing portion of the golf course that is not a part of the Project site and residential and
commercial development. The adjacent Santa Ana Delhi Channel is likely used for local
movement by small, urban adapted mammals and reptiles; however, it is not a part of the Project
site and will not be impacted by the Project. Some local wildlife movement may occur within the
Project site; however, given the lack of connection to any native open space, the Project site does
not comprise or occur within a wildlife linkage or corridor.
Wildlife Nursery Sites
Wildlife nurseries are sites where wildlife concentrate for hatching and/or raising young, such as
rookeries, spawning areas, and bat colonies. Nurseries can be important to both special-status
species as well as commonly occurring species.
The Project site consists of a fully developed golf course facility and does not contain any
wildlife nursery sites. As discussed above in Section 4.5 in the context of great blue heron, the
Project site is fully developed and no evidence (e.g., old nesting material, whitewash/guano) of
past or current roosting by wading birds was observed during biological surveys.
4.8 Critical Habitat
The Project site does not occur within any lands mapped as Critical Habitat by the USFWS.
4.9 Jurisdictional Delineation
Two culverts that drain surface runoff from upland cart paths and fairways were identified near
the western corner of the Property. Engineered depressions that appear to capture and direct
runoff into the culverts were determined to be non-jurisdictional features due to the lack of a
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defined bed and bank and lack of evidence of surface flow. Additionally, no riparian vegetation
or wetlands are present on the Property.
5.0 IMPACT ANALYSIS
The following discussion examines the potential impacts to plant and wildlife resources that
would occur as a result of the proposed project. Impacts (or effects) can occur in two forms,
direct and indirect. Direct impacts are considered to be those that involve the loss, modification
or disturbance of plant communities, which in turn, directly affect the flora and fauna of those
habitats. Direct impacts also include the destruction of individual plants or animals, which may
also directly affect regional population numbers of a species or result in the physical isolation of
populations thereby reducing genetic diversity and population stability.
Indirect impacts pertain to those impacts that result in a change to the physical environment, but
which is not immediately related to a project. Indirect (or secondary) impacts are those that are
reasonably foreseeable and caused by a project but occur at a different time or place. Indirect
impacts can occur at the urban/wildland interface of projects, to biological resources located
downstream from projects, and other offsite areas where the effects of the project may be
experienced by plants and wildlife. Examples of indirect impacts include the effects of increases
in ambient levels of noise or light; predation by domestic pets; competition with exotic plants
and animals; introduction of toxics, including pesticides; and other human disturbances such as
hiking, off-road vehicle use, unauthorized dumping, etc. Indirect impacts are often attributed to
the subsequent day-to-day activities associated with project build-out, such as increased noise,
the use of artificial light sources, and invasive ornamental plantings that may encroach into
native areas. Indirect effects may be both short-term and long-term in their duration. These
impacts are commonly referred to as “edge effects” and may result in a slow replacement of
native plants by non-native invasives, as well as changes in the behavioral patterns of wildlife
and reduced wildlife diversity and abundance in habitats adjacent to project sites.
Cumulative impacts refer to two or more individual effects which, when considered together, are
considerable or which compound or increase other environmental impacts. A cumulative impact
can occur from multiple individual effects from the same project, or from several projects. The
cumulative impact from several projects is the change in the environment resulting from the
incremental impact of the project when added to other closely related past, present, and
reasonably foreseeable probable future projects. Cumulative impacts can result from
individually minor but collectively significant projects taking place over a period of time.
5.1 California Environmental Quality Act (CEQA)
5.1.1 Thresholds of Significance
Environmental impacts to biological resources are assessed using impact significance threshold
criteria, which reflect the policy statement contained in CEQA, Section 21001(c) of the
California Public Resources Code. Accordingly, the State Legislature has established it to be the
policy of the State of California:
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Prevent the elimination of fish or wildlife species due to man’s activities, ensure
that fish and wildlife populations do not drop below self-perpetuating levels, and
preserve for future generations representations of all plant and animal
communities...
Determining whether a project may have a significant effect, or impact, plays a critical role in the
CEQA process. According to CEQA, Section 15064.7 (Thresholds of Significance), each public
agency is encouraged to develop and adopt (by ordinance, resolution, rule, or regulation)
thresholds of significance that the agency uses in the determination of the significance of
environmental effects. A threshold of significance is an identifiable quantitative, qualitative or
performance level of a particular environmental effect, non-compliance with which means the
effect will normally be determined to be significant by the agency and compliance with which
means the effect normally will be determined to be less than significant. In the development of
thresholds of significance for impacts to biological resources CEQA provides guidance primarily
in Section 15065, Mandatory Findings of Significance, and the CEQA Guidelines, Appendix G,
Environmental Checklist Form. Section 15065(a) states that a project may have a significant
effect where:
The project has the potential to substantially degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife species, cause a
fish or wildlife population to drop below self-sustaining levels, threaten to
eliminate a plant or wildlife community, reduce the number or restrict the range of
an endangered, rare, or threatened species...
Therefore, for the purpose of this analysis, impacts to biological resources are considered
potentially significant (before considering offsetting mitigation measures) if one or more of the
following criteria discussed below would result from implementation of the proposed project.
5.1.2 Criteria for Determining Significance Pursuant to CEQA
Appendix G of the 2017 State CEQA guidelines indicate that a project may be deemed to have a
significant effect on the environment if the project is likely to:
a) Have a substantial adverse effect, either directly or through habitat
modifications, on any species identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or regulations, or by the California
Department of Fish and Game or U.S. Fish and Wildlife Service.
b) Have a substantial adverse effect on any riparian habitat or other sensitive
natural community identified in local or regional plans, policies, regulations or by
the California Department of Fish and Game or U.S. Fish and Wildlife Service.
c) Have a substantial adverse effect on state or federally protected wetlands
(including, but not limited to, marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other means.
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d) Interfere substantially with the movement of any native resident or migratory
fish or wildlife species or with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites.
e) Conflict with any local policies or ordinances protecting biological resources,
such as a tree preservation policy or ordinance.
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural
Community Conservation Plan, or other approved local, regional, or state habitat
conservation plan.
5.2 Special-Status Species
Appendix G(a) of the CEQA guidelines asks if a project is likely to “have a substantial adverse
effect, either directly or through habitat modifications, on any species identified as a candidate,
sensitive, or special status species in local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish and Wildlife Service.”
5.2.1 Special-Status Plants
The proposed Project will not impact special-status plants.
5.2.2 Special-Status Animals
No special-status animal species were detected at the Project site. The Project site has potential
to support roosting and foraging for one special-status wildlife species, western yellow bat (SSC,
WBWG H).
Western yellow bat may roost in ornamental trees, including palm trees, on the Project site. Due
to the limited habitat for this species on the Project site, impacts to habitat for this species would
be less than significant under CEQA. A measure is identified in Section 6.0 below to avoid direct
impacts to roosting bats, including western yellow bat.
5.3 Sensitive Vegetation Communities
Appendix G(a) of the CEQA guidelines asks if a project is likely to “have a substantial
adverse effect on any riparian habitat or other sensitive natural community identified in
local or regional plans, policies, regulations or by the California Department of Fish and
Game or U.S. Fish and Wildlife Service.”
The proposed Project would permanently impact approximately 15.52 acres of lands through
ground disturbance including grading. Permanent impacts include approximately 9.48 acres of
developed areas, 0.08 acres of which consists of offsite impacts, and 6.04 acres of turf
grass/ornamental.
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Table 5-1. Summary of Vegetation/Land Use Impacts
Vegetation/Land Use Type
Onsite
(acres)
Offsite
(acres)
Total
Acreage
Turf Grass/Ornamental 6.04 0 6.04
Disturbed/Developed 9.40 0.08 9.48
Total 15.44 0.08 15.52
The Project site does not support sensitive vegetation communities; therefore, no impacts to
sensitive vegetation communities would occur as a result of Project construction.
5.4 Wetlands
Appendix G(c) of the State CEQA guidelines asks if a project is likely to “have a substantial
adverse effect on state or federally protected wetlands (including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other
means.”
The Project site does not contain any state or federally protected wetlands; therefore, no impacts
to state or federally protected wetlands would occur from Project construction.
5.5 Wildlife Movement and Native Wildlife Nursery Sites
Appendix G(d) of the State CEQA guidelines asks if a project is likely to “interfere substantially
with the movement of any native resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors or impede the use of native wildlife
nursery sites.”
As the Project site is not associated with a wildlife movement corridor or nursery site, no impacts
to these resources would occur as a result of project construction.
The project has the potential to impact active bird nests if vegetation is removed during the
nesting season (February 1 to September 15). Impacts to nesting birds are prohibited by the
MBTA and California Fish and Game Code.
Although impacts to native birds are prohibited by MBTA and similar provisions of California
Fish and Game Code, impacts to native birds by the proposed Project would not be a significant
impact under CEQA. The native birds with potential to nest on the Project site would be those
that are extremely common to the region and highly adapted to human landscapes (e.g., house
finch, killdeer). The number of individuals potentially affected by the Project would not
significantly affect regional or local populations of such species. A measure is identified in
Section 6.0 of this report to avoid impacts to nesting birds.
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5.6 Local Policies or Ordinances
Appendix G(e) of the State CEQA guidelines asks if a project is likely to “conflict with any local
policies or ordinances protecting biological resources, such as a tree preservation policy or
ordinance.” The Project will not conflict with any local policies or ordinances protecting
biological resources.
5.7 Habitat Conservation Plans
Appendix G(f) of the State CEQA guidelines asks if a project is likely to “conflict with the
provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or
other approved local, regional, or state habitat conservation plan.” The Project site is identified as
a development site under the Central Coastal NCCP/HCP and is not a part of the NCCP/HCP
habitat reserve system. Therefore, the proposed Project would not conflict with the adopted
NCCP/HCP, nor would it conflict with other approved local, regional, or state habitat conservation
plans.
5.8 Impacts to Critical Habitat
The proposed Project will not impact lands designated as critical habitat by the USFWS.
5.9 Impacts to Jurisdictional Waters
No jurisdictional waters occur within the Project site; therefore, the proposed Project will not
impact jurisdictional waters.
5.10 Indirect Impacts to Biological Resources
In the context of biological resources, indirect effects are those effects associated with
developing areas adjacent to native open space. Potential indirect effects associated with
development include drainage into open space, lighting effects; noise effects; invasive plant
species from landscaping, and human use impacts. Temporary, indirect effects may also occur
from construction-related activities.
The Project site is surrounded by residential, commercial, and golf course land uses, and
therefore no native open space is adjacent to the Project site. The Upper Newport Bay Nature
Preserve and Ecological Reserve (“Upper Newport Bay”) is approximately 0.3 miles south of the
Project site; however, the topography south of the Project site and north of the Upper Newport
Bay consists of a hill with existing recreational and residential land uses that is approximately 50
feet higher in elevation than the Project site and 40-50 feet higher than the northernmost area of
the Upper Newport Bay. This hill provides a natural barrier to potential indirect effects to the
Upper Newport Bay from the proposed Project.
The Project is not expected to result in significant indirect impacts to special-status biological
resources as discussed below.
41
5.10.1 Drainage
The Project site is not adjacent to native open space; however, the Project site is adjacent to the
Santa Ana Delhi Channel, which drains into the Upper Newport Bay approximately 0.3 miles
south of the Project site. The Project will incorporate measures, including those required through
the National Pollutant Discharge Elimination System (NPDES) requirements and set forth in a
Project-specific WQMP, to avoid untreated surface runoff from developed and paved areas
within the Project site from entering the Santa Ana Delhi Channel. Stormwater systems shall be
designed to prevent the release of toxins, chemicals, petroleum products, exotic plant materials,
or other elements that might degrade or harm biological resources or ecosystem processes. This
can be accomplished using a variety of methods including natural detention basins, grass swales,
or mechanical trapping devices. Regular maintenance shall occur to ensure effective operations
of runoff control systems.
To avoid potential temporary indirect effects, the Project’s contractor will develop a Stormwater
Pollution Prevention Plan (SWPPP) to address runoff and water quality during construction.
5.10.2 Lighting
The Project site is not adjacent to any native open space, and the topography south of the Project
site provides a barrier to light spillage to the Upper Newport Bay south of the Project site. The
area between the Project site and the Upper Newport Bay is fully developed with recreational
and residential land uses that generate some degree of night lighting. Additionally, any night
lighting for the Project will be down shielded. Therefore, no indirect effects to native habitat will
result from night lighting at the Project site.
5.10.3 Noise
The Project site is not adjacent to any native open space, and the topography between the Project
site and the Upper Newport Bay provides a barrier that prevents noise from the Project site
reaching the Upper Newport Bay south of the Project site. The area between the Project site and
the Upper Newport Bay is fully developed with recreational and residential land uses that
generate some degree of existing noise. Additionally, John Wayne Airport, which is roughly 0.5
miles northeast of the Project site, generates high levels of ambient noise levels under existing
conditions. Therefore, no indirect effects to native habitat will result from noise.
5.10.4 Invasive Species
The Project site is not adjacent to any native open space. Nevertheless, the Project will avoid the
use of invasive plant species in landscaping, including invasive, non-native plant species listed as
“Moderate” or “High” by the California Invasive Plant Council.
42
5.10.5 Human Activity
The Project site is not adjacent to any native open space and is approximately 0.3 mile from the
Upper Newport Bay. Accordingly, the Project will not result in indirect impacts from human
activity such as incursion into native habitat.
5.11 Cumulative Impacts to Biological Resources
Cumulative impacts are defined as the direct and indirect effects of a proposed project which,
when considered alone, would not be deemed a substantial impact, but when considered in
addition to the impacts of related projects in the area, would be considered potentially
significant. “Related projects” refers to past, present, and reasonably foreseeable probable future
projects, which would have similar impacts to the proposed project.
Given the small size and highly disturbed nature of the Project site, the Project is not expected to
result in cumulative impacts that would rise to a level of significance under CEQA. Additionally,
any potentially significant cumulative impacts occurring as a result of the proposed Project will
be considered fully mitigated through participation in the NCCP/HCP.
6.0 MITIGATION/AVOIDANCE MEASURES
The following discussion provides project-specific mitigation/avoidance measures for actual or
potential impacts to special-status resources.
6.1 Bats
The Project site contains trees with the potential for use by roosting bats. The following required
actions would avoid and/or minimize injury to roosting bats and avoid maternity roosts until the
maternity roost is no longer in use:
• A qualified biologist shall conduct a pre-construction bat roost survey for roosting bats
no more than 14 days prior to site disturbance. The pre-construction bat roost survey will
consist of a minimum of two emergent bat surveys (conducted consecutively or as
determined by the biologist). The emergent surveys would begin 30 minutes before dusk
and extend to one hour after dark. If roosting bats are detected onsite outside of the bat
maternity season, the roost tree will be removed in a manner to avoid and/or minimize
injury to roosting bats. This may include using mechanical equipment to gently nudge the
tree trunk multiple times prior to removal or for palm trees and other species, to de-frond
or de-branch the tree using a mechanical lift and gently lower the cut fronds or branches
to the ground. Regardless of the method, the fallen tree and/or material will be left
undisturbed overnight until at least the next morning to give roosting bats time to exit
before site disturbance.
If roosting bats are detected onsite during the maternity season, the Project will avoid the
subject roost(s) and incorporate an avoidance buffer (150 feet, or as determined by a
43
qualified biologist) until after the maternity season or until a qualified biologist
determines no maternity roosting is occurring. The qualified biologist shall clearly
delineate any bat maternity roosts and any required avoidance buffers, which shall be
clearly marked with flags and/or fencing prior to the initiation of construction activities.
Once the qualified biologist approves removal of the subject roost tree(s), the same tree
removal procedures as outlined above will be implemented prior to tree removal.
6.2 Nesting Birds
The Project site contains vegetation with the potential to support native nesting birds. As
discussed above, the California Fish and Game Code prohibits mortality of native birds,
including eggs. The following required actions would ensure compliance with the MBTA and
California Fish and Game Code to avoid mortality to nesting birds:
• As feasible, vegetation clearing should be conducted outside of the nesting season, which
is generally identified as January 1 to September 15 where suitable nesting habitat for
raptors is present, and February 1 to September 15 when no raptor nesting habitat is
present. If avoidance of the nesting season is not feasible, then a qualified biologist shall
conduct a nesting bird survey within three days prior to any disturbance of the site,
including vegetation removal, demolition activities, and grading. If active nests are
identified, the biologist shall establish suitable buffers around the nests (150 feet or 300
feet for raptors, or as determined by the qualified biologist), and the buffer areas shall be
avoided until the nests are no longer occupied and the juvenile birds can survive
independently from the nests.
44
7.0 REFERENCES
Baldwin, B.G., D.H. Goldman, D.J. Keil, R. Patterson, T.J. Rosatti, and D.H. Wilken. 2012.
The Jepson Manual: Vascular Plants of California, Second Edition. University of
California Press. 1,568 pp.
California Department of Fish and Game. 2012. Staff Report on Burrowing Owl Mitigation.
State of California, Natural Resources Agency, Department of Fish and Wildlife. March
7, 2012.
California Department of Fish and Wildlife. 2016. Complete List of Amphibian, Reptile, Bird
and Mammal Species in California. California Wildlife Habitat Relationships Program,
Sacramento.
California Department of Fish and Wildlife. 2023. Survey Considerations for California
Endangered Species Act (CESA) Candidate Bumble Bee Species. June 6, 2023.
California Department of Fish and Wildlife. 2023. California Natural Community List.
California Natural Resources Agency, June 1, 2023.
California Department of Fish and Wildlife. 2018. Protocols for Surveying and Evaluating
Impacts to Special Status Native Plant Populations and Sensitive Natural Communities.
State of California, Natural Resources Agency, Department of Fish and Wildlife. March
20, 2018.
California Department of Fish and Wildlife. 2024. Special Animals List. State of California
Natural Resources Agency, July 2024.
California Department of Fish and Wildlife. 2024. State and Federally Listed Endangered and
Threatened Animals of California. State of California Natural Resources Agency.
Sacramento, California. July 2024.
California Invasive Plant Council. Cal-IPC Inventory. Accessed September 5, 2024.
https://www.cal-ipc.org/plants/inventory/.http://cal-ipc.org/paf/.
California Native Plant Society. 2001. Inventory of Rare and Endangered Plants of California
(sixth edition). Rare Plant Scientific Advisory Committee, David P. Tibor, Convening
Editor. California Native Plant Society. Sacramento, CA. x + 388pp.
California Native Plant Society, Rare Plant Program. 2024. Inventory of Rare and Endangered
Plants of California (online edition, v 9.5). Accessed September 5, 2024.
http://www.rareplants.cnps.org.
California Natural Diversity Database (CNDDB). 2024. RareFind 5. Records of occurrence for
USGS 7.5-minute quadrangle maps: Newport Beach, Seal Beach, Laguna Beach, Tustin,
Orange, Anaheim, and Los Alamitos. California Department of Fish and Wildlife, State
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of California Natural Resources Agency. Sacramento, California. Accessed September 3,
2024. https://wildlife.ca.gov/Data/CNDDB/Maps-and-Data.
Chesser, R.T. et al. 2024. Check-list of North American Birds (online). American Ornithological
Society. Accessed September 5, 2024. http://checklist.americanornithology.org/taxa.
Collins, Joseph T. and Travis W. Taggart. 2009. Standard Common and Current Scientific
Names for North American Amphibians, Turtles, Reptiles, and Crocodilians, Sixth
Edition. Publication of The Center for North American Herpetology, Lawrence, Kansas.
iv+44p.
Garrett, K. and J. Dunn. 1981. Birds of Southern California: Status and Distribution. Los
Angeles Audubon Society. 407 pp.
Holland, R. F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of
California. Nongame-Heritage Program, California Department of Fish and Wildlife.
Munz, P.A. 1974. A Flora of Southern California. University of California Press. 1,086 pp.
Nelson, J. 1984. Rare plant survey guidelines. In: Inventory of Rare and Endangered Vascular
Plants of California. J. Smith and R. York (eds.). Special Publication No. 1. California
Native Plant Society.
National Resources Conservation Service. 2024. Soil Survey Staff, United States Department of
Agriculture. Web Soil Survey. Accessed September 5, 2024.
https://websoilsurvey.sc.egov.usda.gov/.
Sawyer, J.O, T. Keeler-Wolf, and J.M. Evens. 2009. A Manual of California Vegetation.
Second Edition. California Native Plant Society Press. Sacramento, California. 1,300
pp.
Stebbins, R. C. 1954. Amphibians and Reptiles of Western North America. McGraw-Hill, New
York. 536pp.
Stebbins, R.C. 1985. A Field Guide to Western Reptiles and Amphibians, 2nd ed. Houghton
Mifflin Co., Boston, Massachusetts.
U.S. Fish and Wildlife Service. 2000. Guidelines for Conducting and Reporting Botanical
Inventories for Federally Listed, Proposed and Candidate Plants. Sacramento, CA: U.S.
Fish and Wildlife Service. Unpublished memorandum; January 2000.
Xerces Society. n.d. Monarch Count Survey Instructions: Protocol for the Xerces Society’s
Western Monarch Count. Accessed November 2024.
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8.0 CERTIFICATION
I hereby certify that the statements furnished above and in the attached exhibits present data and
information required for this biological evaluation, and that the facts, statements, and
information presented are true and correct to the best of my knowledge and belief.
Signed:______________________________ Date: April 22, 2025
p:1656-1c.bio.btr
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SNUG HARBOR
Site Plan Map
Exhibit 3
0 125 25062.5
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Aerial Source: Nearmap (May 2024)
Coordinate System: State Plane 6 NAD 83
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Map Prepared by: B. Gale, GLA
Date Prepared: December 20, 2024
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SNUG HARBOR
Vegetation Map
Exhibit 4
0 125 25062.5
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Aerial Source: Nearmap (May 2024)
Coordinate System: State Plane 6 NAD 83
Projection: Lambert Conformal Conic
Datum: NAD 1983 2011
Map Prepared by: B. Gale, GLA
Date Prepared: December 20, 2024
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SNUG HARBOR
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SNUG HARBOR
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GLENN LUKOS ASSOCIATES
Appendix A
Floral Compendium
Taxonomy sourced from The Jepson Manual (Baldwin et al. 2012) and Jepson eFlora (2023)
and, for sensitive species, the California Native Plant Society's Rare Plant Inventory, Online
Edition v-9.5 (CNPS 2024). Common plant names are taken from Hickman (1993), Munz (1974),
Roberts et al. (2004), and Roberts (2008).
* Non-native/introduced species
SCIENTIFIC NAME COMMON NAME SPECIAL
STATUS
GYMNOSPERMS
Cupressaceae – Cypress Family
*Cupressus sempervirens Italian cypress
Cycadaceae – Cycad Family
*Cycas revoluta sago palm
Pinaceae – Pine Family
*Pinus canariensis Canary Island pine
*Pinus halepensis Aleppo pine
MONOCOTS
Arecaceae – Palm Family
*Phoenix roebelenii pygmy date palm
*Syagrus romanzoffiana queen palm
*Washingtonia robusta Mexican fan palm
Cyperaceae – Sedge Family
Cyperus esculentus yellow nutgrass
Poaceae – Grass Family
*Avena barbata slender oat
*Cynodon dactylon Bermudagrass
*Paspalum dilatatum Dallis grass
*Pennisetum setaceum ‘Rubrum’ purple fountain grass
*Stenotaphrum secundatum Saint Augustine grass
EUDICOTS
Aizoaceae – Iceplant Family
*Carpobrotus edulis iceplant
Anacardiaceae – Sumac Family
*Schinus terebinthifolia Brazilian pepper tree
Apocynaceae – Dogbane Family
*Plumeria rubra plumeria
Asparagaceae – Asparagus Family
*Chlorophytum comosum spider plant
Asteraceae – Sunflower Family
*Dimorphotheca fruticosa trailing African daisy
*Erigeron bonariensis flax-leaved horseweed
Erigeron canadensis Canada horseweed
*Helminthotheca echioides bristly ox-tongue
*Lactuca serriola prickly lettuce
*Sonchus asper spiny sowthistle
*Sonchus oleraceus common sowthistle
Bignoniaceae – Trumpet Vine Family
*Tecoma capensis cape honeysuckle
Brassicaceae – Mustard Family
Lepidium virginicum Virginia pepperweed
Chenopodiaceae – Goosefoot Family
*Atriplex semibaccata Australian saltbush
*Salsola tragus Russian thistle
Convolvulaceae – Morning-Glory Family
Cressa truxillensis alkali weed
*Dichondra micrantha Asian ponysfoot
Crassulaceae – Stonecrop Family
*Aeonium sp. aeonium
*Echeveria sp. echeveria
*Crassula ovata jade plant
Euphorbiaceae – Spurge Family
Euphorbia albomarginata rattlesnake sandmat
Fabaceae – Legume Family
*Lotus corniculatus bird’s foot trefoil
*Medicago polymorpha bur clover
Fagaceae – Beech Family
Quercus agrifolia coast live oak
Malvaceae – Mallow Family
*Brachychiton populneum whiteflower kurrajong
*Hibiscus rosa-sinensis shoeblackplant
*Malva parviflora cheeseweed mallow
Myrtaceae – Myrtle Family
*Eucalyptus citriodora lemon scented gum
*Eucalyptus globulus blue gum
*Eucalyptus polyanthemos silver dollar gum
*Lophostemon confertus brush box
Oleaceae – Olive Family
*Fraxinus uhdei Shamel ash
*Ligustrum japonicum Japanese privet
*Olea europaea olive
Plantaginaceae – Sycamore Family
*Plantago major common plantain
Polygonaceae – Buckwheat Family
*Polygonum aviculare prostrate knotweed
*Rumex crispus curly dock
Portulacaceae – Purslane Family
*Portulacaria afra elephant bush
Sapindaceae – Soapberry Family
*Cupaniopsis anacardioides carrotwood
Special Status Designations
Federal State
FE – Federally Endangered SE – State Endangered
FT – Federally Threatened ST – State Threatened
FC – Federal Candidate SR – State Rare
CNPS
Rank 1A – Plants presumed extirpated in California and either rare or extinct elsewhere.
Rank 1B – Plants rare, threatened, or endangered in California and elsewhere.
Rank 2A – Plants presumed extirpated in California, but common elsewhere.
Rank 2B – Plants rare, threatened, or endangered in California, but more common elsewhere.
Rank 3 – Plants about which more information is needed (a review list).
Rank 4 – Plants of limited distribution (a watch list).
Threat Code extension
.1 – Seriously endangered in California (over 80% occurrences threatened)
.2 – Fairly endangered in California (20-80% occurrences threatened)
.3 – Not very endangered in California (<20% of occurrences threatened or no current threats
known)
Appendix B
Faunal Compendium
Taxonomy and common names sourced from the California Wildlife Habitat Relationships
System (CDFW 2016), the CNDDB for special status species, and the following taxa-specific
sources: American Ornithological Society (2024) for birds; Collins and Taggart (2009) and
Crother (2017) for reptiles and amphibians; and Wilson and Reeder (2005) for mammals.
* Non-native/introduced species
SCIENTIFIC NAME COMMON NAME SPECIAL
STATUS
REPTILES
Phrynosomatidae – Phrynosomatid Lizards
Sceloporus occidentalis western fence lizard
BIRDS
Corvidae – Crows and Jays
Corvus branchyrhynchos American crow
Motacillidae – Wagtails and Pipits
Anthus rubescens American pipit
Parulidae – Wood Warblers
Setophaga coronata Yellow-rumped warbler
Picidae – Woodpeckers
Melanerpes formicivorus acorn woodpecker
Polioptilidae – Gnatcatchers
Polioptila caerulea Blue-gray gnatcatcher
Tyrannidae – Tyrant Flycatchers
Sayornis nigricans Black phoebe
MAMMALS
Geomyidae – Pocket Gophers
Thomomys bottae Botta’s pocket gopher
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Federal State
FE – Federally Endangered SE – State Endangered
FT – Federally Threatened ST – State Threatened
FPE – Federally Proposed Endangered SCE – State Candidate Endangered
FPT – Federally Proposed Threatened FP – California Fully Protected Species
FC – Federal Candidate SSC – Species of Special Concern