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HomeMy WebLinkAboutAppendix C - Biology ReportGLENN LUKOS ASSOCIATES Regulatory Services August 25, 2008 Larry Tucker Big Canyon Country Club One Big Canyon Drive Newport Beach, California 92660 SUBJECT: Results of Biological/Regulatory Overview Conducted for the 1.9 -Acre Proposed Residential Lot Located in the Big Canyon Community, Newport Beach, Orange County, California. Dear Mr. Tucker: A biologist from Glenn Lukos Associates, Inc. (GLA) visited the above - mentioned property on August 8, 2008 to identify the actual or potential presence of special - status species or habitats capable of supporting special- status species. In addition, the property was also evaluated for the presence of areas potentially subject to the jurisdiction of the U.S. Army Corps of Engineers (Corps) pursuant to Section 404 of the Clean Water Act and the California Department of Fish and Game (CDFG) pursuant to Section 1602 of the California Fish and Game Code. The following letter includes an overview of the biological resources, including special - status species and habitats, which occur or have the potential to occur on site. Impacts to special - status species and habitats must be addressed during project review under the California Environmental Quality Act (CEQA). In addition, species federally listed as threatened or endangered are regulated by the U.S. Fish and Wildlife Service (USFWS) pursuant to the Federal Endangered Species Act (ESA). Species listed as threatened or endangered by the State of California are regulated by the California Department of Fish and Game (CDFG) pursuant to the State ESA. Wildlife that are assigned other designations by CDFG (i.e., species of concern, fully - protected species, etc.), and plants given special status by the California Native Plant Society (CNPS) are not granted additional protection, except that impacts to these species may need to be evaluated pursuant to CEQA. In addition to the biological overview, this report contains an analysis of impacts to biological resources associated with the proposed project. Larry Tucker August 25, 2008 Page 2 Enclosed are a Regional Map [Exhibit 1], a map of the Project Vicinity [Exhibit 2], a Vegetation Map that depicts onsite vegetation associations with an overlay of the developable area [Exhibit 3], and representative site photographs [Exhibit 4]. Larry Tucker August 25, 2008 Page 3 I. SITE DESCRIPTION The 1.9 -acre property is located north of Big Canyon Drive between Rue Biarritz and Rue Villars in the Big Canyon Community, City of Newport Beach, Orange County, California [Exhibit I — Regional Map, Exhibit 2 — Vicinity Map]. The property consists of a graded pad with approximately three feet of fill material' surrounded by disturbed areas and vegetated primarily with native and non - native ruderal species, and a steep slope east of the disturbed graded pad vegetated with native scrub species. Surrounding the property are residences to the south, east, and west, a wetland /riparian mitigation area immediately to the north, and the golf course fairway to the north immediately beyond the mitigation area. No blue -line drainages occur on site, as depicted on the U.S. Geological Survey (USGS) topographic map Tustin, California [dated 1978 and photorevised in 1981]. II. METHODOLOGY A GLA biologist visited the property on August 8, 2008 to conduct a site review and vegetation mapping of the property. Site reconnaissance was conducted in such a manner as to allow inspection of the entire site by direct observation, including the use of binoculars. The site was inspected to determine whether any sensitive species, sensitive habitats, or potential jurisdictional areas are present on site. Vegetation communities within the property were mapped according to the Orange County GIS Habitat Classification System ( "OCHCS' ; Gray and Bramlet 1992). Identification and mapping of vegetation also incorporated habitat descriptions provided by Holland (1986). Project- specific vegetation types were modified or created as necessary to reflect on site associations. Plant communities were mapped in the field directly on to a 75 -scale (1" = 75') aerial photograph. A Vegetation Map is provided as Exhibit 3. In addition to site reconnaissance, evaluation of the property included a review of the California Natural Diversity Database (CNDDB) for the Tustin, Laguna Beach, Newport Beach, San Juan Capistrano, Orange, Dana Point, and El Toro Quadrangles 2, a review of the 2008 California Native Plant Society (CNPS) inventory3, and a soil map review. Personal communication with Jeff Beardsley on August 8, 2008. 2 California Department of Fish and Game. March 2008. Natural Diversity Database: RareFind 2. 3 California Native Plant Society. 2008. Inventory of Rare and Endangered Plants of California (Seventh Edition). http://cnps.web.aplus.net/cgi-bin/inv/inventory.cgi. Larry Tucker August 25, 2008 Page 4 III. RESULTS Site Reconnaissance The property consists of a graded pad with approximately three feet of fill material surrounded by disturbed areas vegetated primarily with native and non - native ruderal species, and a steep slope east of the disturbed graded pad vegetated with native scrub species. Several ornamental trees occur on the edge of the property bordering Big Canyon Drive and at the top of the slope bordering the residences to the east of the property. Surrounding the property are residences to the south, east, and west, a wetland/riparian mitigation area immediately to the north, and the golf course fairway to the north immediately beyond the mitigation area. The disturbed portion of the site, including the graded pad, is vegetated primarily with non - native species. Dominant species include pampas grass (Cortedaria selloana), myoporum ( Myoporum laetum), crystal iceplant (Mesembryamthum crystallinum), summer mustard (Hirschfeldia incana), black mustard (Brassica nigra), bull thistle (Cirsium vulgare), Australian salt bush (Atriplex semibacatta), lamb's quarters (Chenopodium album), pride of Madeira (Echium fastuosum), sow thistle (Sonchus oleraceus), bristly ox- tongue (Picris echioides), and poison hemlock (Conium maculatum). Other non - native species present within the disturbed portion of the site include prickly lettuce (Lactuca serriola), rabbit's foot grass (Polypogon monspeliensis), Spanish sunflower (Pulicaria paludosa), garland chrysanthemum (Chrysanthemum coronarium), tumbling pigweed (Amaranthus albus), wild radish (Raphanus sativus), milk thistle (Silybum marianum), and London rocket (Sisimbrium irio). Ornamental trees occurring on the edges of the property include myoporum ( Myoporum laetum), London plane tree (Platanus acerifolia), and pine (Pinus sp.). Locally dominant native species within the disturbed /graded pad area include coyote brush (Baccharis pilularis). Also present in a disturbed area are a few large patches of the native alkali heath (Frankenia salina) and a few individuals of arroyo willow (Salix lasiolepis). The arroyo willow individuals are not associated with any drainage course. The steep slope east of the graded pad is vegetated with native scrub species including Brewer's salt bush (Atriplex lentiformis ssp. breweri), California sagebrush (Artemisia californica), California encelia ( Encelia californica), California buckwheat (Eriogonum fasciculatum), and coastal goldenbush (Isocoma menziesii). Birds observed on site either by direct observation or by characteristic vocalization include song sparrow (Melospiza melodia), common yellowthroat (Geothlypis trichas), house finch (Carpodacus mexicanus), anna's hummingbird (Calypte anna), spotted towhee (Pipilo maculatus) California towhee (Pipilo crissalis), redtailed hawk (Buteo jamaicensis), and wrentit (Chamaea fasciata). No reptiles or amphibians were observed on site. Larry Tucker August 25, 2008 Page 5 Mammals either observed by direct observation, or by the presence of diagnostic sign (i.e., tracks, scat, etc.) include coyote (Canis latrans). Vegetation Maugina Several vegetation associations were observed and mapped on site as discussed below [Exhibit 3 — Vegetation Map]. As previously stated, the majority of the site is disturbed and vegetated with weedy non - native species. The only native community on site is the steep slope that is vegetated with native scrub. Mixed Sage Scrub / Chenopod Scrub [2.3.1012.77 This vegetation association occurs on the steep slope east of the graded pad, covers approximately 0.29 acre, and consists of a mix of two vegetation associations as defined by the OCHCS. The slope is dominated by both native shrubs consistent with mixed sage scrub including California buckwheat (Eriogonum fasciculatum), California encelia ( Encelia californica), and California sagebrush (Artemisia californica), and native shrubs consistent with chenopod scrub including Brewer's saltbush (Atriplex lentiformis breweri) and coastal goldenbush (Isocoma menziesii). Ruderal [4.67 This vegetation association covers approximately 0.49 acre, occurs over an large portion of the property including the graded pad, and is dominated by weedy native and non - native species including crystal iceplant (Mesembryamthum crystallinum), summer mustard (Hirschfeldia incana), black mustard (Brassica nigra), bull thistle (Cirsium vulgare), Australian salt bush (Atriplex semibaccata), lamb's quarters (Chenopodium album), sow thistle (Sonchus oleraceus), bristly ox- tongue (Picris echioides), and poison hemlock (Conium maculatum). Ruderal /Ornamental [4.6115.51 This vegetation association covers approximately 0.06 acres and occurs in southern portion of the slope east of the access road. Dominant species include pampas grass (Cortedaria selloana), black mustard (Brassica nigra), pride of Madeira (Echium fastuosum), and myoporum (Myoporum laetum). Larry Tucker August 25, 2008 Page 6 Southern Willow Scrub [7.27 Included in this association is a small patch of arroyo willows (Salix lasiolepis) covering approximately 0.04 acre. The willows are not associated with any drainage course and appear to be supported by groundwater and/or irrigation runoff. Ornamental [15.57 This vegetation association covers approximately 0.82 acre and consists of ornamental trees including London plane tree (Platanus acerifolia), Monterey Pine (Pinus radiata) and myoporum (Myoporum laetum). Disturbed [16.17 This land cover totals approximately 0. 18 acre and includes the gravel access road that extends from north to south across the property. Special- Status Animals No special- status animals were observed at the property during site reconnaissance, and none are expected to occur due to a lack of suitable habitat. Table 1 provides a summary of all species considered for the biological overview. Species were considered based on a number of factors, including: 1) species identified by the March 2008 CNDDB as occurring (either currently of historically) on or in the vicinity of the property, 2) any other special- status species that are known to occur within the vicinity of the property, or for which potentially suitable habitat occurs on site. Following the table, additional discussions are provided for any special - status animals observed on site, for which potentially suitable habitat occurs on the property, and /or for which additional discussion is necessary for other reasons. Larry Tucker August 25, 2008 Page 7 Table 1. Special- status wildlife considered for the biological overview. Potential for Species Name Status Habitat Requirements Occurrence American badger Federal: None Occurs drier shrub, forest, and Does not occur Taxidea taxus State: None herbaceous habitats. Needs on site due to a CDFG: CSC open, uncultivated ground and lack of suitable friable soils for digging habitat burrows. Preys on burrowing rodents. Arroyo chub Federal: None Slow- moving or backwater Does not occur Gila orcutti State: None sections of warm to cool on site due to a CDFG: CSC streams with substrates of sand lack of suitable or mud. habitat Arroyo southwestern toad Federal: FE Breed, forage, and /or aestivate Does not occur Anaxyrus californicus State: None in aquatic habitats, riparian, on site due to a CDFG: None coastal sage scrub, oak, and lack of suitable chaparral habitats. Breeding habitat pools must be open and shallow with minimal current, and with a sand or pea gravel substrate overlain with sand or flocculent silt. Adjacent banks with sandy or gravely terraces and very little herbaceous cover for adult and juvenile foraging areas, within a moderate riparian canopy of cottonwood, willow, or oak. Belding's savannah sparrow Federal: None Coastal Marshes Does not occur Passerculus sandwichensis State: SE on site due to a beldingi CDFG: CSC lack of suitable habitat Big free- tailed bat Federal: None Occurs in low -lying and areas Does not occur Nyctinomops macrotis State: None in Southern California. Roosts on site due to a CDFG: CSC in high cliffs or rocky outcrops. lack of suitable habitat Larry Tucker August 25, 2008 Page 8 Potential for Species Name Status Habitat Requirements Occurrence Burrowing owl Federal: None Shortgrass prairies, grasslands, Does not occur Athene cunicuiaria State: None lowland scrub, agricultural on site due to a CDFG: CSC lands (particularly rangelands), lack of suitable coastal dunes, desert floors, and habitat some artificial, open areas as a year -long resident. Occupies abandoned ground squirrel burrows as well as artificial structures such as culverts and underpasses. California black rail Federal: None Occurs in coastal saltmarsh and Does not occur Laterallus jamaicensis State: ST brackish marsh dominated by on site due to a coturniculus CDFG: None pickleweed. lack of suitable habitat California horned lark Federal: None Occupies a variety of open Not expected Eremophila alpestris actia State: None habitats, usually where trees to occur on CDFG: CSC and large shrubs are absent. site due to a lack of suitable habitat. California least tern Federal: FE Flat, vegetated substrates near Does not occur Sterna antillarum browni State: SE the coast. Occurs near on site due to a CDFG: CFP estuaries, bays, or harbors lack of suitable where fish is abundant. habitat Coast (San Diego) horned Lizard Federal: FSC Chaparral and coastal sage Does not occur Phrynosoma coronatum State: None scrub on site due to a (blainvillll population) CDFG: CSC lack of suitable habitat Coast patch -nosed snake Federal: None Occurs in coastal chaparral, Does not occur Salvadora hexalepis virgultea State: None desert scrub, washes, sandy on site due to a CDFG: CSC flats, and rocky areas. lack of suitable habitat Coastal cactus wren Federal: None Occurs almost exclusively in Does not occur Campylorhychus brunneicapillus State: None cactus (cholla and prickly pear) on site due to a couesi CDFG: CSC dominated coastal sage scrub. lack of suitable habitat Larry Tucker August 25, 2008 Page 9 Potential for Species Name Status Habitat Requirements Occurrence Coastal California gnatcatcber Federal: FT Low elevation coastal sage Not expected Polioptila californica californlca State: None scrub and coastal bluff scrub. to occur on CDFG: CSC site due to lack of suitable habitat. See discussion below for this species. Coastal western whiptail Federal: None Open, often rocky areas with Not expected Aspidoscelis tigris stejnegeri State: None little vegetation, or sunny to occur on Locally rare microhabitats within shrub or site due to a grassland associations. lack of suitable habitat. Dulzura pocket mouse Federal: None Coastal scrub, grassland, and Does not occur Chaetodipus califronicus State: None chaparral, especially at grass- on site due to a femoralis CDFG: CSC chaparral edges lack of suitable habitat Ferruginous hawk (wintering) Federal: FSC Open, dry country, perching on Not expected Buteo regalis State: None trees, posts, and mounds. In to occur due to CDFG: CSC California, wintering habitat a lack of consists of open terrain and suitable grasslands of the plains and habitat. foothills. Globose dune beetle Federal: None Coastal sand dunes. Does not occur Coelus globosus State: None on site due to a CDFG: None lack of suitable habitat Grasshopper sparrow (nesting) Federal: None Occurs in dense grasslands on Does not occur Ammodramus savannamm State: None rolling hills, lowland plains, in on site due to a CDFG: CSC valleys, and on hillsides on lack of suitable lower mountain slopes. Favors habitat native grasslands with a mix of grasses, forbs, and scattered shrubs. Loosely colonial when nesting. Larry Tucker August 25, 2008 Page 10 Potential for Species Name Status Habitat Requirements Occurrence Great blue heron Federal: None Colonial nester in tall trees, Does not occur Ardea herodias State: None cliffsides, and sequestered spots on site due to a CDFG: None on marshes. Rookery sites in lack of suitable close proximity to foraging habitat areas: marshes, lake margins, tide -flats, rivers and streams, wet meadows. Hoary Bat Federal: None Prefers open habitats or habitat Does not occur Lasiurus cinereus State: None mosaics, with access to trees for on site due to a CDFG: None cover and open areas or habitat lack of suitable edges for feeding. Roosts in habitat dense foliage of medium to large trees. Feeds primarily on moths. Requires water. Least Bell's vireo Federal: FE Dense riparian habitats with a Does not occur Vireo bellii pusillus State: SE stratified canopy, including on site due to a CDFG: None southern willow scrub, mule fat lack of suitable scrub, and riparian forest. habitat Light- footed clapper rail Federal: FE Marsh vegetation of coastal Does not occur Rallus longirostris levipes State: SE wetlands. on site due to a CDFG: CFP lack of suitable habitat Mexican long - tongued bat Federal: None Occasionally found in San Does not occur Choeronycteris mexicana State: None Diego County, which is on the on site due to a CDFG: CSC periphery of its range. Feeds on lack of suitable nectar & pollen of night- habitat blooming succulents. Roosts in relatively well -lit caves, & in & around buildings. Mimic tryonia Federal: None Coastal lagoons, estuaries, and Does not occur Tryonia imitator State: None salt marshes. on site due to a CDFG: None lack of suitable habitat Monarch butterfly (wintering) Federal: None Roosts in winter in wind- Does not occur Danaus plexippus State: None protected tree groves along the on site due to a California coast from northern lack of suitable Mendocino to Baja California, habitat Mexico. Larry Tucker August 25, 2008 Page 11 Potential for Species Name Status Habitat Requirements Occurrence Northern red- diamond rattlesnake Federal: None Habitats with heavy brush and Does not occur Crotolus rubes State: None rock outcrops, including coastal on site due to a CDFG: CSC sage scrub and chaparral. lack of suitable habitat Orange - throated whiptail Federal: None Coastal sage scrub, chaparral, Does not occur Aspidoscelis hyperythrus State: None non- native grassland, oak on site due to a CDFG: CSC woodland, and juniper lack of suitable woodland. habitat Osprey Federal: None Ocean shore, bays, fresh -water Does not occur Pandion haliaetus State: None lakes, and larger streams. on site due to a CDFG: CSC Builds large nests in tree -tops lack of suitable within 15 miles of good fish- habitat producing body of water. Pacific pocket mouse Federal: FE Fine, alluvial soils along the Does not occur Perognathus longimembris State: None coastal plain. Scarcely in rocky on site due to a pacificus CDFG: CSC soils of scrub habitats. lack of suitable habitat Riverside fairy shrimp Federal: FE Restricted to deep seasonal Does not occur Streptocephalus wootioni State: None vernal pools, vernal pool -like on site due to a CDFG: None ephemeral ponds, and stock lack of suitable ponds. habitat Rosy boa Federal: None Coastal sage scrub, chaparral, Does not occur Charina trivirgata roseofusca State: None or mixed habitats, commonly on site due to a CDFG: CSC with rocky soils and outcrops. lack of suitable Also in oak woodlands and habitat riparian areas bordering scrub habitats. San Diego desert woodrat Federal: None Occurs in a variety of shrub and Does not occur Neotoma lepida intermedia State: None desert habitats, primarily on site due to a CDFG: CSC associated with rock outcrops, lack of suitable boulders, cacti, or areas of habitat dense undergrowth. San Diego fairy shrimp Federal: FE Seasonal vernal pools Does not occur Branchinecta sandiegonensis State: None on site due to a CDFG: CSC lack of suitable habitat Sandy beach tiger beetle Federal: None Coastal sand dunes Does not occur Ciclndela hirtiicollis gravida State: None on site due to a CDFG: None lack of suitable habitat Larry Tucker August 25, 2008 Page 12 Potential for Species Name Status Habitat Requirements Occurrence Santa Ana speckled dace Federal: None Occurs in the headwaters of the Does not occur Rhinichthys osculus State: None Santa Ana and San Gabriel on site due to a CDFG: CSC Rivers. May be extirpated from lack of suitable the Los Angeles River system. habitat Requires permanent flowing streams with summer water temperatures of 17 -20 C. Usually inhabits shallow cobble and gravel riffles. Santa Ana sucker Federal: FT Small, shallow streams, less Does not occur Catostomus santaanae State: None than 7 meters in width, with on site due to a CDFG: CSC currents ranging from swift in lack of suitable the canyons to sluggish in the habitat 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. Southern California saltmarsh Federal: None Occurs in coastal marshes in Does not occur shrew State: None Los Angeles, Orange, and on site due to a Sorex ornatus salicornicus CDFG: CSC Ventura Counties. Requires lack of suitable dense vegetation and woody habitat debris for cover. Southwestern pond turtle Federal: FSC Slow- moving permanent or Does not occur Clemmys marmorata pallida State: None intermittent streams, small on site due to a CDFG: CSC ponds and lakes, reservoirs, lack of suitable abandoned gravel pits, habitat permanent and ephemeral shallow wetlands, stock ponds, and treatment lagoons. Abundant basking sites and cover necessary, including logs, rocks, submerged vegetation, and undercut banks. Larry Tucker August 25, 2008 Page 13 Potential for Species Name Status Habitat Requirements Occurrence Tidewater goby Federal: FE Occurs in shallow lagoons and Does not occur Eucyclobobius newberryi State: None lower stream reaches along the on site due to a CDFG: CSC California coast from Agua lack of suitable Hedionda Lagoon, San Diego habitat Co. to the mouth of the Smith River. Two - striped garter snake Federal: None Aquatic snake typically Does not occur Thamnophis hammondii State: None associated with wetland habitats on site due to a CDFG: CSC such as streams, creeks, and lack of suitable pools. habitat Western beach tiger beetle Federal: None Occurs at mudflats and beaches Does not occur Cicindela latesignata latesignata State: None in coastal southern California. on site due to a CDFG: None lack of suitable habitat Western mastiff bat Federal: None Occurs in many open, semi -arid Does not occur Eumops perotis californicus State: None to and habitats, including on site due to a CDFG: CSC conifer and deciduous lack of suitable woodlands, coastal scrub, habitat grasslands, and chaparral. Roosts in crevices in cliff faces, high buildings, trees, and tunnels. Western snowy plover Federal: FT Sandy or gravelly beaches Does not occur Charadrius alexandrines nivosus State: None along the coast, estuarine salt on site due to a CDFG: CSC ponds, alkali lakes, and at the lack of suitable Salton Sea. habitat Western spadefoot Federal: FSC Seasonal pools in coastal sage Does not occur Scaphiopus hammondii State: None scrub, chaparral, and grassland on site due to a CDFG: CSC habitats, lack of suitable habitat Western tidal -flat tiger beetle Federal: None Inhabits estuaries and mudflats Does not occur Cicindela gabbii State: None along the coast of southern on site due to a CDFG: None California. Generally found on lack of suitable dark - colored mud in the lower habitat zone; occasionally found on dry saline flats of estuaries. Larry Tucker August 25, 2008 Page 14 Species Name Status Habitat Requirements Potential for Occurrence White- tailed kite (nesting) Federal: FSC Low elevation open grasslands, Very low Elanus leucurus State: None savannah -like habitats, potential to CDFG: CFP agricultural areas, wetlands, and occur on site oak woodlands. Dense for foraging; canopies used for nesting and however, does cover. not breed on site due to lack of suitable nesting habitat. Yuma myotis Federal: None Occurs in open forests and Does not occur Myotis yumanensis State: None woodlands with sources of on site due to a CDFG: None water over which to feed. lack of suitable Maternity colonies are in caves, habitat mines, buildings, or crevices. Federal State FE — Federally Endangered SE — State Endangered FT — Federally Threatened ST — State Threatened FPT — Federally Proposed Threatened FSC — Federal Species of Concern CDFG CSC — California Species of Concern CFP — California Fully- Protected Species Coastal California Gnatcatcher (Polioptila californica californica) The coastal California gnatcatcher (CAGN) is a federally listed threatened species. This small songbird is a year- round, obligate resident of coastal sage scrub communities in southern California and northwestern Baja California, Mexico. CAGN is insectivorous, and nests and forages in moderately dense stands of sage scrub occurring on and hillsides, mesas, and in washes. CAGN generally occur below 1,200 feet in elevation. Coastal sage scrub communities dominated by California sagebrush (Artemisia californica), California buckwheat (Eriogonum fasciculatum), white sage (Salvia apiana), and black sage (Salvia mellifera) are preferred by this species. Loss and fragmentation of suitable habitat due to expanding development have been major factors in the decline of this bird in southern California. Larry Tucker August 25, 2008 Page 15 This species typically nests in areas with less than 40 percent slope, and requires at a minimum a patch of scrub of at least 0.5 acre for nesting 4. Given the steepness of the slope and small size of the patch of scrub on sites (0.29 acre within the property), and the distance of this fragmented patch from large, contiguous areas of scrub habitat, CAGN would not breed on site. It is possible, although unlikely, that a dispersing individual could briefly utilize the site for rest and forage at the beginning or end of the nesting season. Special- Status Plants No special - status plants were observed at the property during site reconnaissance, and none are expected to occur due to the high degree of disturbance on the site, lack of native soils, and presence of fill material. Table 2 provides a summary of all plants considered for the biological overview. Species were considered based on a number of factors, including: 1) species identified by the March 2008 CNDDB as occurring (either currently of historically) on or in the vicinity of the property, 2) any other special- status plants that are known to occur within the vicinity of the property, or for which potentially suitable habitat occurs on site. Following the table, additional discussions are provided for any special- status plants observed on site, for which potentially suitable habitat occurs on the property, and /or for which additional discussion is necessary for other reasons. Table 2. Special- status plants considered for the property. Species Name Status Habitat Requirements Potential for Occurrence Aphanisma Federal: None Coastal bluff Scrub, coastal dunes, Does not occur Aphanisma blitoides State: None coastal dune scrubs on site due to a CNPS: List 113.2 lack of suitable habitat Blochman's dudleya Federal: None Coastal bluff scrub, chaparral, Does not occur Dudleya blochmaniae ssp. State: None coastal sage scrub, valley and on site due to a blochmaniae CNPS: List 113.1 foothill grassland. Rocky soils, lack of suitable often of clay or serpentinite. habitat Mock, P. 2004 California Cmatcatcher (Poliptila californica). In The Coastal Scrub and Chaparral Bird Conservation Plan: a strategy for protecting and managing coastal scrub and chaparral habitats and associated birds in California. California Partners in Flight. http: / /www.prbo.org /calpuf/htmldocs /scrub.html 5 The patch of scrub adjacent to the buildable area covers 0.34 acre; however, only 0.29 acre of the scrub is within the parcel proposed for development. Larry Tucker August 25, 2008 Page 16 Potential for Species Name Status Habitat Requirements Occurrence Chaparral bear grass Federal: None Chaparral, coastal sage scrub. Does not occur Nolina cismontana State: None Occurring on sandstone or gabbro on site due to a CNPS: List 113.2 substrates. lack of suitable habitat Chaparral sand verbena Federal: None Sandy soils in chaparral, coastal Does not occur Abronia villosa var. aurita State: None sage scrub. on site due to a CNPS: List 113.1 lack of suitable habitat Cliff spurge Federal: None Coastal bluff scrub and coastal Does not occur Euphorbia misera State: None sage scrub. Occurring on rocky on site due to a CNPS: List 2.2 soils. lack of suitable habitat Coast woolly -heads Federal: None Coastal dunes Does not occur Nemacaulis denudata var. State: None on site due to a denudata CNPS: List 113.2 lack of suitable habitat Coulter's goldfields Federal: None Playas, vernal pools, marshes and Does not occur Lasthenia glabrata ssp. State: None swamps (coastal salt). on site due to a coulteri CNPS: List 1B.1 lack of suitable habitat Coulter's saltbusb Federal: None Coastal bluff scrub, coastal dunes, Does not occur Atriplex coulteri State: None coastal sage scrub, valley and on site due to a CNPS: List 113.2 foothill grassland. Occurring on lack of suitable alkaline or clay soils. habitat Big- leaved crownbeard Federal: FT Southern maritime chaparral, Does not occur Verbesina dissita State: ST coastal sage scrub on site due to a CNPS: List 1B.1 lack of suitable habitat Davidson's saltscale Federal: None Alkaline soils in coastal sage scrub, Does not occur Atriplex serenana var. State: None coastal bluff scrub. on site due to a davidsond CNPS: List 113.2 lack of suitable habitat Estuary seablite Federal: None Coastal salt marsh and swamps. Does not occur Suaeda esteroa State: None Occurring in sandy soils on site due to a CNPS: List 113.2 lack of suitable habitat Intermediate mariposa lily Federal: None Rocky soils in chaparral, coastal Does not occur Calochortus weedii var. State: None sage scrub, valley and foothill on site due to a intermedius CNPS: List 113.2 grassland. lack of suitable habitat Laguna beach dudleya Federal: FT Chaparral, cismontane woodland, Does not occur Dudleya stolonifera State: ST coastal sage scrub, valley and on site due to a CNPS: List 1B.2 foothill grassland. Occurring on lack of suitable rock soils. habitat Larry Tucker August 25, 2008 Page 17 Potential for Species Name Status Habitat Requirements Occurrence Los Angeles sunflower Federal: None Marshes and swamps (coastal salt Does not occur Helianthus nuttallii ssp. State: None and freshwater). Historical from on site due to a Parishii CNPS: List IA Southern California. 5- 1675m. lack of suitable presumed extinct habitat in CA Many - stemmed dudleya Federal: None Chaparral, coastal sage scrub, Does not occur Dudleya multicaulis State: None valley and foothill grassland. on site due to a CNPS: List 1B.2 Often occurring in clay soils. lack of suitable habitat Mesa horkelia Federal: None Chaparral, cismontane woodland, Does not occur Horkelia cuneata ssp. State: None and coastal scrub. Occurring on on site due to a puberula CNPS: List 1B.1 sandy or gravelly soils. lack of suitable habitat Mud nama Federal: None Marshes and swamps Does not occur Nama stenocarpum State: None on site due to a CNPS: List 2.2 lack of suitable habitat Nuttall's scrub oak Federal: None Closed -cone coniferous forest, Does not occur Quercus dumosa State: None chaparral, and coastal sage scrub. on site due to a CNPS: List 1B.1 Occurring on sandy, clay loam lack of suitable soils. habitat Orcutt's pincushion Federal: None Coastal bluff scrub (sandy soils) Does not occur Chaenactis glabriuscula State: None and coastal dunes. on site due to a var. orcuttiana CNPS: List 1 B. I lack of suitable habitat Parish's brittlescale Federal: None Chenopod scrub, playas, vernal Does not occur Atriplex parishii State: None pools. on site due to a CNPS: List 1B.I lack of suitable habitat Prostrate navarretia Federal: None Coastal sage scrub, valley and Does not occur Navarretia prostrata State: None foothill grassland (alkaline), vernal on site due to a CNPS: List 1B.1 pools. Occurring in mesic soils. lack of suitable habitat Rayless ragwort Federal: None Chaparral, cismontane woodland, Does not occur Senecio aphanactis State: None coastal sage scrub. Occurring on on site due to a CNPS: List 2.2 alkaline soils. lack of suitable habitat Salt marsh bird's -beak Federal: FE Coastal dune, coastal salt marshes Does not occur Cordylanthus maritimus ssp. State: SE and swamps. on site due to a maritimus CNPS: List 113.2 lack of suitable habitat Larry Tucker August 25, 2008 Page 18 Federal FE - Federally Endangered FT - Federally Threatened State SE - State Endangered ST — State Threatened CNPS List 1B - Plants rare, threatened, or endangered in California and elsewhere. List 2 - Plants rare, threatened, or endangered in California, but more common elsewhere. List 3 — Plants about which more information is needed. Potential for Species Name Status Habitat Requirements Occurrence San Bernadine, aster Federal: None Cismontane woodland, coastal Does not occur Symphyotrichum defoliatum State: None scrub, lower montane coniferous on site due to a CNPS: List 113.2 forest, meadows and seeps, lack of suitable marshes and swamps, valley and habitat foothill grassland (vernally mesic)/ near ditches, streams springs San Fernando Valley Federal: Coastal sage scrub, occurring on Does not occur spineflower Candidate sandy soils. on site due to a Chorizanthe parryi var. State: SE lack of suitable fernandina CNPS: List 1B.1 habitat Santa Ana River woolly star Federal: FE Alluvial fan sage scrub, chaparral. Does not occur Eriastrum densifolium ssp. State: SE Occurring on sandy or rocky soils, on site due to a sanctorum CNPS: List 1B.1 lack of suitable habitat South coast saltscale Federal: None Coastal bluff scrub, coastal dunes, Does not occur Atriplex pacifica State: None coastal sage scrub, playas. on site due to a CNPS: List 113.2 lack of suitable habitat Southern tarplant Federal: None Disturbed habitats, margins of Does not occur Centromadia parryi ssp. State: Rare marshes and swamps, vernally on site due to a australus CNPS: List 1B.1 mesic valley and foothill grassland, lack of suitable vernal pools. habitat Summer holly Federal: None Chaparral. Does not occur Comarostaphylos State: None on site due to a diversifolia ssp. diversifolia CNPS: List 113.2 lack of suitable habitat Thread- leaved brodiaea Federal: FT Clay soils in chaparral (openings), Does not occur Brodiaea filifolia State: SE cismontane woodland, coastal sage on site due to a CNPS: List 1 B.I scrub, playas, valley and foothill lack of suitable grassland, vernal pools. habitat White rabbit - tobacco Federal: None Chaparral, cismontane woodland, Does not occur Pseudognaphalium State: None coastal scrub, and riparian on site due to a leucocephalum CNPS: List 2.2 woodland in sandy and gravelly lack of suitable soils. habitat Federal FE - Federally Endangered FT - Federally Threatened State SE - State Endangered ST — State Threatened CNPS List 1B - Plants rare, threatened, or endangered in California and elsewhere. List 2 - Plants rare, threatened, or endangered in California, but more common elsewhere. List 3 — Plants about which more information is needed. Larry Tucker August 25, 2008 Page 19 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) Special- Status Habitats A review of the March 2008 CNDDB identified the following special- status habitats as occurring within the Tustin, Laguna Beach, Newport Beach, San Juan Capistrano, Orange, Dana Point, and El Toro Quadrangles quadrangles: Southern California Arroyo Chub /Santa Ana Sucker Stream, Southern Coast Live Oak Riparian Forest, Southern Coastal Salt Marsh, Southern Cottonwood Willow Riparian Forest, Southern Dune Scrub, Southern Foredunes, Southern Riparian Scrub, Southern Sycamore Alder Riparian Woodland, Valley Needlegrass Grassland. No special - habitats occur on site, including those identified in the CNDDB. Critical Habitat The property does not occur within any USFWS critical habitat areas. Migratory Bird Treaty Act Considerations The property currently contains trees, shrubs, and groundcover that have the potential to support nesting birds. Impacts to such species are prohibited under the Migratory Bird Treaty Act.6 Corps /CDFG Jurisdiction The property contains no potential areas of Corps /CDFG jurisdiction. 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. Larry Tucker August 25, 2008 Page 20 IV. IMPACT ANALYSIS The following discussion examines the potential impacts to plant and wildlife resources that may occur as a result of implementation of the Project. Project - related impacts 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 wildlife, 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. Other impacts, such as loss of foraging habitat, can occur although these areas or habitats are not directly removed by project development; i.e., indirect impacts. Indirect impacts can also involve the effects of increases in ambient levels of noise or light, unnatural predators (i.e., domestic cats and other non- native animals), competition with exotic plants and animals, and increased human disturbance such as hiking and dumping of green waste on site. Indirect impacts may be associated with the subsequent day -to -day activities associated with project build -out, such as increased traffic use, permanent concrete barrier walls or chain -link fences, exotic ornamental plantings that provide a local source of seed, etc., which 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 exotics, and changes in the behavioral patterns of wildlife and reduced wildlife diversity and abundance in habitats adjacent to project sites. Potential significant adverse effects, either directly or through habitat modifications, on any special- status plant, animal, or habitat that could occur as a result of project development, are discussed below. California Environmental Quality Act Thresholds of Significance Environmental impacts relative to biological resources are assessed using impact significance threshold criteria, which reflect the policy statement contained in CEQA, Section 2100l (c) of the California Public Resources Code. Accordingly, the State Legislature has established it to be the policy of the State of California: "Prevent the elimination offish 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... " Larry Tucker August 25, 2008 Page 21 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. Criteria for Determining Significance Pursuant to CEOA Appendix G of the 1998 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 federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal Larry Tucker August 25, 2008 Page 22 pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. 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. J) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Direct Proiect Impacts At this time, the precise development and grading plans for the proposed residential lot are not available. However, the buildable area of the proposed lot has been identified, as depicted on the attached Vegetation Map [Exhibit 31. Therefore, this impact analysis assumes that all vegetation within the buildable area will be impacted. A summary of vegetation impacts is given in Table 3 below. TABLE 3. Summary of Potential Impacts (Acres) by Vegetation Associations Occurring with the Buildable Area. Vegetation Association Total on Site (acres) Buildable Area (acres) Mixed Sage Scrub /Chenopod Scrub 0.29 0.008 Ruderal 0.49 0.39 Ruderal /Ornamental 0.06 0.0001 Southern Willow Scrub 0.04 0.04 Ornamental 0.82 0.11 Disturbed 0.18 0.15 TOTAL 1.88 0.70 Impacts to ruderal, ornamental, and disturbed areas would not be considered significant as these areas have low habitat value and have no potential to support special status flora or fauna. Given that the mixed sage scrub /chenopod scrub located on the hillside adjacent to the buildable has no potential to support special status flora or fauna, including the coastal California gnatcatcher, Larry Tucker August 25, 2008 Page 23 impacts to 0.008 acre of mixed sage scrub /chenopod scrub would not be significant. As previously stated, the 0.04 acre of southern willow scrub onsite is not associated with a jurisdictional drainage or wetland, and therefore impacts to this association would not be significant. Indirect Effects No indirect effects are anticipated as a result of the proposed residential lot. Recommended Mitigation Measures The Project Site has some potential to support nesting migratory birds. Impacts to such species are prohibited under the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code. 7 In order to ensure that the proposed project will not impact nesting migratory birds, the following mitigation measure is recommended: If vegetation is to be removed during the nesting season, recognized from February 1 through August 31, a qualified biologist will conduct a nesting bird survey of potentially suitable nesting vegetation no more than three days prior to vegetation removal. If active nests are identified during nesting bird surveys, then the nesting vegetation will be avoided until the nesting event has completed and the juveniles can survive independently from the nest. The biologist will flag the active nesting vegetation, and will establish an adequate buffer around the nesting vegetation of 300 feet (500 feet for raptors). If active nests are identified, clearing/grading shall not occur within the buffer until the nesting event has completed. With the implementation of the above mitigation measure, the project impacts will be reduced to less than significant pursuant to CEQA. 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.