Loading...
HomeMy WebLinkAbout03 - Acceptance of the Newport Village Parcel 3 in Parcel Map 90-361 (Resubdivision No. 973) Located on the South East Corner of Avocado Avenue and San Miguel DriveV- J ary 11, 1999 CITY COUNCIL A NDA ITEM NO. 3 TO: Mayor and Members of the City Council MOM AGENDA FROM: Public Works Department 6j0.:, I SUBJECT: RESOLUTION NO. 99 -_ PERTAINING TO ACCEPTANCE OF THE NEWPORT VILLAGE PARCEL 3 IN PARCEL MAP 90 -361 (RESUBDIVISION NO. 973) LOCATED ON THE SOUTH EAST CORNER OF AVOCADO AVENUE AND SAN MIGUEL DRIVE DEVELOPER: THE IRVINE COMPANY RECOMMENDATIONS: Accept the dedications as offered of Parcel 3 of Parcel Map 90 -361 (Resubdivision No. 973) Newport Village open space dedication and authorize the City Manager and City Clerk to accept the offer and dedications of Parcel 3 of Parcel Map 90 -361. 2. Adopt Resolution No. 99- accepting the offer and dedication of Parcel 3 of Parcel Map 90 -361; and direct the City Clerk to have the Resolution recorded in the Office of the Orange County Recorder. DISCUSSION: The Newport Village open space dedication was required as a part of the Circulation Improvement and Open Space Agreement (CIOSA) with the Irvine Company. CIOSA required that the Newport Village dedication contain 12.8 acres, Parcel 3 contains 12.82 acres which is slightly over the required acreage by 0.02 acres. • An Offer of Dedication has been prepared for the acceptance of Parcel 3 of Parcel Map 90 -661 and must now be accepted by the City to complete the dedication process. An exhibit is attached for reference. A resolution has been prepared for the acceptance of the dedication and will be recorded with the Office of the Orange County Recorder upon City Council approval. Respectfully submitted, on Webb� Public Works Director By: RicharcrL. Hoffstadt, P.E. Development Engineer Attachments: Offer of Dedication Resolution •I ' F:1Users \PBW \Shared\ COUNCIL\ FY9B -99 \Jan- 11 \NewporlVi11@9e- ded.dDC RESOLUTION NO. 99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF • NEWPORT BEACH ACCEPTING THE DEDICATION AS OFFERED OF PARCEL 3 OF PARCEL MAP 90 -361 (RESUBDIVISION NO. 973) RECORDED IN BOOK 270 PAGES 15 -18 OF PARCEL MAPS IN THE OFFICE OF THE ORANGE COUNTY RECORDER. WHEREAS, the City of Newport Beach approved Parcel Map 90 -361 (Resubdivision No. 973) on November 21, 1991, which established Parcel 3; and WHEREAS, Parcel 3 is offered to the City as an open space parcel; and WHEREAS, the dedication of the open space parcel must be accepted by the City of Newport Beach before it can be opened to the general public; and 361 WHEREAS, the open space parcel is legally described as Parcel 3 of Parcel Map 90- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the dedication of the open space is hereby accepted; and BE IT FURTHER RESOLVED that the Mayor be authorized to execute the Resolution of Acceptance, to be recorded in the Office of the Recorder of the County of Orange. ADOPTED this day of , 1999. ATTEST: City Clerk Mayor n U ms ful.ion4esub973 is 2 0 • o !• O ° u m J =o 0 a U oo u Q - ^ _ 5= - Y.. Z o o oos _u IW 5.5�YYY�° • .,5. -YYY - Y; o .. :Y. e e i c e N I 1 o lu lo_ =° o !• O ° u m J =o 0 a U oo u Q - ^ _ 5= - Y.. Z o o oos _u IW 5.5�YYY�° • .,5. -YYY - Y; o .. :Y. e e i c e N a� e o w -.`. 43.:x• -_ _ _.� . �5 6 o o _ _ ___ _5 '°Cf : -- - I of o ot o -000 _- k ° iv 17; �° - 1 r oz - Go 221t o > _ =o o __ _ _ > °a a� e o -.`. 43.:x• -_ _ _.� . �5 6 o o _ _ ___ _5 zw E _ 1 O � o N O U N Z o - a_ Q m 1 � o W o ` U - p u z < CL o _ ° _ SS - - ou iz; o Y: _ Y° YZ Y= - =`* YP k1P YPP L'. __ Y� _ o. u. o - _ -_Y= lo M o Y . - - - = Y ° - t4 - - - - _ - -- _ - :S -::Y - - 14 1 - =t oL So 'Y_ aL ti - :Y -- ; a� aP EL EP - _ °P !\ �. .. :.� �. 3 .. ,. �: ". �. �. :. _ bF: d_u m Z. 1 A_ AM -- S^o= zltz Yea - zl2o - oY- - - Y 5' _ - - =a= - -- - _-- - 5- 'Zot - 6YS -- - .Y °_ - o"o _ oo _- to - o Y u __ - o _ _ _ __ _ _ °Y= _ a •'�° __ __ -.sue __ _ L _ _ _ _ _ _ = i ¢ • L j o 0 o °_ °5 - E E c• "8 - - -- E - _ . ' -2: xo - - 1 E Z; Y.`_ . - - o _ _ 0. _ o fti -o o . . . . o -a: -_ YV =- - __- 011.0 _ _ wto Y` 'Y° __ _^°_ Y: Y. .Y' 5b.° - _- - - :YS tlY- -_ -_ ..3 ° ° _ ° W,P Z 9. _- to -- Do o: -_4 a MT, . o- - o- .. .3 __'__ O OL %off`_ OL G m Yt,E �O o _ ° _ SS - - ou iz; o Y: _ Y° YZ Y= - =`* YP k1P YPP L'. __ Y� _ o. u. o - _ -_Y= lo M o Y . - - - = Y ° - t4 - - - - _ - -- _ - :S -::Y - - 14 1 - =t oL So 'Y_ aL ti - :Y -- ; a� aP EL EP - _ °P !\ �. .. :.� �. 3 .. ,. �: ". �. �. :. _ bF: d_u m Z. 1 A_ •I ' i W m O u o 0 0 i _ N O i o J o w o v Ste; L m Joa W C) u FIS 04 Y.. Y< \ •. \Mica / r� i.��t :.:: `. � I \ \� . � ` I ORL✓E � i C7 \ � "off ;`^ •. �.. _ ,c. r `� � `�� 6 •(� SAN M/GUEL x - "'`" e, 1 I ti J T \ i p J ' i W m m p ' , V D (o V 9 o , e 1 FAR 1G[�A! OR /VE _ JE'• I ^o G / 4s. p, ,F p 12 J� 4 Q Z a E� eI;I i p W IO 0 ---------------- o�'a�ee Ji ��: " Ju JJ•i'� ''�C ' 0 mi k"3::o3 Yy�ay. a` a Y W 2 o o° 'J U r- N f �E JNEET 9 yt i a2 I I t � ,p I v I ao it Q, d' W J O m 1 JI• •r e m m N c N U q. IW N I j r- I 1 I'a c i ih 1� C w I it i� ti Q I Q I ni a r W YI8 z � � n � 4 vnea Ile O sa I ta I N C w I it i� SEE Mo- O O LLI C) Of -or � 4 raw . . . . . . . . . . . c! . - c! c! � c! c! c! 4! 6! o. c! 9� c! wW ao cog ON., 4f.4f. Z 13 4f-4,7 4 /•4 2 7--g-4 c 7 r. I JIJN� t IJ) 41)�V) 1 (7) ro tu -Y - ww" JiAO), *4, L V5 . . . . . . . . . . . c! . - c! c! � c! c! c! 4! 6! o. c! 9� c! wW ao cog ON., 4f.4f. Z 13 4f-4,7 4 /•4 2 7--g-4 c 7 r. I JIJN� t IJ) 41)�V) 1 (7) ro 1. 71 '� *4, LU irlam 10 7 �j 1. 71 '� JAN D. VANDERSLOOT, M.D. 2221 East 16th Street Newport Beach, CA 92663 (949) 548 -6326 FAX (714) 848 -6643 January 5, 1999 Mayor Dennis O'Neil, and Newport Beach City Council Members City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 Re: CIOSA Agreement Open Space Dedications Newport Village Open Space Site Agenda item, City Council meeting July 11, 1999 Dear Mayor O'Neil and City Council members, With regard to the agenda item scheduled for the City Council meeting on January 11, 1999 concerning the open space dedication for the Newport village Open Space site under the CIOSA dedication requirements, I would like to provide the following input in favor of the City accepting the dedication. •+ The open space dedications were an integral part of the CIOSA Agreement, and were a major factor in community acceptance of this development agreement. The "OS" in CIOSA stands for Open Space. The Newport Village site,12.8 acres, is one of the open space sites. The City should satisfy its part of the bargain by accepting the open space dedication. Under the CIOSA Agreement, the timing for the dedication for the Newport Village Open Space site was supposed to occur upon issuance of the first building permits for both Upper Castaways and Newporter North. The Irvine Company submitted an offer of dedication to the City on November 19, 1996, but the dedication was never completed and accepted by the City. City policy under the Land Use Element of the General Plan (October 24, 1988), page 10, provides guidance that environmentally sensitive sites in the City that support rare or endangered species, freshwater marshes, other wetlands, and unique or unusually diverse vegetative communities should be preserved and protected. The Newport Village Open Space site has these characteristics, as reported in the enclosed biology report by Robert A, Hamilton, dated July 16, 1998, commissioned by SPON. In particular, a pair of the threatened California Gnatcatchers was found on the site, as well as the plant communities coastal sage scrub, cat -tail marsh and seasonal wetlands. Two sensitive plant species and one sensitive wildlife species were detected in the surveys of the site. • n Y. x rz� Nf'ln Ln tJ Ln With regard to the agenda item scheduled for the City Council meeting on January 11, 1999 concerning the open space dedication for the Newport village Open Space site under the CIOSA dedication requirements, I would like to provide the following input in favor of the City accepting the dedication. •+ The open space dedications were an integral part of the CIOSA Agreement, and were a major factor in community acceptance of this development agreement. The "OS" in CIOSA stands for Open Space. The Newport Village site,12.8 acres, is one of the open space sites. The City should satisfy its part of the bargain by accepting the open space dedication. Under the CIOSA Agreement, the timing for the dedication for the Newport Village Open Space site was supposed to occur upon issuance of the first building permits for both Upper Castaways and Newporter North. The Irvine Company submitted an offer of dedication to the City on November 19, 1996, but the dedication was never completed and accepted by the City. City policy under the Land Use Element of the General Plan (October 24, 1988), page 10, provides guidance that environmentally sensitive sites in the City that support rare or endangered species, freshwater marshes, other wetlands, and unique or unusually diverse vegetative communities should be preserved and protected. The Newport Village Open Space site has these characteristics, as reported in the enclosed biology report by Robert A, Hamilton, dated July 16, 1998, commissioned by SPON. In particular, a pair of the threatened California Gnatcatchers was found on the site, as well as the plant communities coastal sage scrub, cat -tail marsh and seasonal wetlands. Two sensitive plant species and one sensitive wildlife species were detected in the surveys of the site. • JAN D. VANDERSLOOT, M.D. 2221 East 16th Street Newport Beach, CA 92663 (949) 548 -6326 FAX (714) 848 -6643 • The PBR Commission and the City Council updated the Recreation and Open Space Element of the General Plan last Spring. It was reported in the REOS Element that the Newport Center area is deficient in park space by 11 acres. The Newport Village open space site at 12.8 acres, if accepted by the city and made into a park, could satisfy this deficiency. This site offers spectacular views of the coastline all the way to the Palos Verde Peninsula from the top of the mesa. If turned into a park, the views would be enjoyed by all 72,000 residents of Newport Beach. On the other hand, if the site were turned into housing, the planned 2 acre view site would be at the area next to San Miguel, with a much more narrow, truncated, and reduced view of the ocean and the coastline. The Irvine Company and the City's Newport Center Economic Opportunities Committee has discussed putting senior housing on the site. The Irvine Company withdrew its offer last summer. There is no other comparable open space in the City that has the qualities present at Newport Village that could be exchanged for this site, including the public view opportunities and the environmental amenities. On the other hand, senior housing was originally designed to be at Lower Bayview Landing. This site could be better for seniors, due to closer proximity to Hoag Hospital, while still being close to Fashion Island and the library (2 minutes away). • Housing at Lower Bayview Landing could also offer better views of the Dunes marina and the Newport Bay for more units than the Newport Village site, and the entire Upper Newport Bay would be conveniently available to the walking seniors. If housing were to be placed on the Newport Village Open Space site, the housing would have to be placed below existing grade, to maintain the existing view plane for residents across MacArthur. The entire open space site would have to be graded down to be level with MacArthur and Avocado, filling all the wetlands and coastal sage scrub, and losing the high ground that offers the most panoramic views for the public. It is important to keep the faith with the public and accept the dedication of this site as open space. If the City is to maintain credibility in commiting to development agreements, the provisions of the agreements should be honored, on both the developer's side and the City Council side. Otherwise the whole concept of the develofnent agreement is a sham, not to be trusted. How can an agreement like CIOSA be truthfully called a "Circulation Improvement and Open Space Agreement" if you take out the Open Space part? • 2 •' •I JAN D. VANDERSLOOT, M.D. 2221 East 16th Street Newport Beach, CA 92663 (949) 548 -6326 FAX (714) 848 -6643 Thank you for considering this input. The "Followup Report, Initial Biological Survey ", by Robert Hamilton is attached, detailing the environmental characteristics of the site. This site, by the way, was not analyzed as part of the original EIR for the CIOSA Agreement. Sincerely, Jan D. Vandersloot, M.D. Attachment: "Followup Report, Initial Biological Survey, Dedicated Open Space Parcel at Newport Fashion Island, Newport Village Site ", Robert A. Hamilton, July 16, 1998 3 Robert A. Hamilton July 16, 1998 • Stop Polluting Our Newport (SPON) P.O. Box 102 Balboa Island, CA 92662 SUBJECT: FOLLOW -UP REPORT, INITIAL BIOLOGICAL SURVEY DEDICATED OPEN SPACE PARCEL AT NEWPORT FASHION ISLAND NEWPORT VILLAGE SITE Dear SPON, In a letter report dated 26 March 1998, I provided the methods and results of an initial biological survey of the 12 -acre "Newport Village" project site, located in the City of Newport Beach (City). Subsequently, SPON requested that botanist David Bramlet and I complete follow -up biological surveys on this site. The purpose of these follow -up surveys was to search for additional plant and wildlife species present on the site, and to further observe a pair of Coastal California Gnatcatchers (Potioptila californica catifornica) previously observed on the site. This follow -up report presents the methods, results, and conclusions of my two biological surveys, and incorporates results of Mr. Bramlet's 1998 botanical survey. METHODS • I completed field visits on 7 March and 2 June 1998, and David Bramlet inspected the site on 25 May 1998. Goals of oursurveys included (1) characterizing the site's plant communities, including their dominant species plant and overall condition, and (2) identifying plant and animal species present on the site, including sensitive species. We inspected the entire site and made note of each plant and vertebrate wildlife species detected. Observations of sensitive species are discussed, but analysis of sensitive species potentially present on the site is beyond the scope of this preliminary study. SURVEY SUMMARY Date Personnel Time Conditions 7 March 1998 Robert Hamilton 0800-1130 clear; sunny; still; -70 - 78 °F 25 May 1998 David Bramlet 0900-1100 not noted 2 June 1998 Robert Hamilton 1200-1300 clear; sunny; wind -8 mph SW; -75 °F P.O. Box 961 -/ 20611 %z Sycamore Drive -/ Trabuco Canyon, CA 92678 v �I (774) 459 -2875 (Phone /Fax) —,�— ro66ham(aflash. Piet -/ • Robert A. Hamilton, Consulting Biologist RESULTS •) Plant Communities The project site consists of a grassy mesa bordered on the south by a native coastal sage scrub restoration effort, on the east and west by road edges and associated ornamental plantings (in places), and on the northby native coastal sage scrub and two drainages supporting cat -tail marsh vegetation. A total of 42 native and 61 non - native species were detected on the site during the field surveys. The following paragraphs discuss these communities, and their characteristic species, in greater detail. ANNUAL GRASSLAND & SEASONAL WETLANDS The mesa, which accounts for approximately half of this parcel, is vegetated primarily with non- native grasses and forbs, interspersed with native forbs and sub - shrubs. Considering the site's location and the species composition, it is likely that the entire mesa was mechanically disturbed in the past. Dominant and locally prevalent non - native species include brome grasses (Bromus diandrus, B. mollis, B. madritensis ssp. rebus), wild oats (Avena spp.), filarees (Erodiuni spp.), Bermuda- Buttercup (Oxalis pes- caprae), and Black Mustard (Brassica nigra); native species well represented in the site's annual grasslands include Cudweed Aster (Lessingia filaginifolia), Sand Peppergrass (Lepid ium lasiocarpum), Rigid Fiddleneck (Amsinckia menziesii), Big Gumplant (Grindelia camporam), Telegraph Weed (Heterotheca grand flora), and Deer Weed (Lotus scoparius). Vernal Barley (Hordeum intercedens), a sensitive species, occurs in bare loamy -clay areas on the mesa. • Two seasonal ponds exist within the site's annual grasslands. The larger of the ponds is at the mesa's northeast comer and covers approximately 0.2 acre. This pond contained water to a maximum depth of approximately six inches during the 7 March 1998 site survey, but had dried by 25 May. The second pond is found along the western edge of the mesa, near the intersection of Avocado and Farallon, and covers approximately 0.1 acre. This pond contained water to a maximum depth of approximately eight inches during the 7 March 1998 site visit, but this pool also had dried by 25 May. These seasonal ponds support a variety of native and non - native plant species adapted to wetland conditions, including Pale Spike -Rush (Eleocltaris palustris), Woolly Marbles (Psilocarphus brevissimus), Vernal Barley, Toad Rush (Juncus bufonius), Curly Dock (Rionex crispus), and Mulefat (Baccharis salicifolia). Finally, a seasonally wet swale runs east and west near the southern edge of the mesa; we did not observe surface water within this Swale, but the swale supports African Umbrella -Sedge (Cyperus alternifolius), a species adapted to wetland conditions. CAT -TAIL MARSH Cat -tail marshes are found in two perennial drainages that are fed by urban runoff in the northern portion of the site. The site's principal drainage runs east and west, and supports a fairly extensive stand of emergent vegetation, mostly Slender Cat -tail (Typha angustifolia). Also present here are numerous large specimens of Pampas Grass (Cortad eria sell oana) and some shrubby Arroyo Willows .� (Salix lasiolepis). Approximately half of the emergent vegetation was removed from this drainage Robert A. Hamilton, Cauulting Biologist in February 1998 and stacked near its western terminus. To the north is a north -south trending tributary to the principal drainage; this drainage supports a stringer of cat - tails. Together, these cat- tail marshes appear to cover between 0.5 and 1.0 acre. • COASTAL SAGE SCRUB Native coastal sage scrub covers much of the northern half of the site. This community is dominated by California Sagebrush (Artemisia californica) and California Sunflower (Encelia californica), with smaller amounts of Deer Weed, California Buckwheat ( Eriogomum fasciculatuni), Saw - toothed Goldenbush (Hazardia squarrosa), Coastal Prickly -Pear (Opuntia littoralis), Lemonade Berry (Rhos integrifolia), Coyote Brush (Baccharis pilularis), and California WishboneBush (Mirabilis 'californica). These native shrubs provide approximately 80 to 100 percent cover in most areas, but are being encroached upon by invasive exotic species, particularly Hottentot -Fig (Carpobrotus edulis) and Myoporum (Myoporum laehtm). The cut -slope at the southern edge of the mesa (behind the Newport Beach Public Library building) is being restored to a coastal sage scrub community comprised mainly of Black Sage (Salvia mellifera), California Sagebrush, California Sunflower, Island Buckwheat (Eriogonum grande), Interior Flat- topped Buckwheat (Eriogonum fasciatlatum var. foliolosum), and Buff Monkeyflower (Minudus aurantiacus). Scattered specimens of ceanothus (Ceanotluis sp.) are also present. This habitat is perhaps a year or two from reaching full maturity, as the plants are now mostly two to three feet tall. ORNAMENTAL PLANTINGS • Manufactured slopes along Avocado Avenue and MacArthur Boulevard have been planted with non - native ornamental groundcover, including Golden Wattle (Acacia pycantita), African Daisy (Dintorphotheca sinuata), and Sweet- Alyssum (Lobularia niaritinta). Sweet - Alyssum, known to be an invasive exotic weed in southern California and elsewhere, is expanding somewhat into openings in the adjacent coastal sage scrub community. Wildlife This section discusses only vertebrate wildlife species observed during the site visits; it was beyond the scope of this preliminary survey to attempt to identify species with potential to occur on the site. REPTILES Two reptile species were observed: Side - blotched Lizard (Uta stansburiana) and Western Skink (Eunieces skiltonianus). C� J Robert A. Namiltmr, Considting Biologist BIRDS Of the 26 native and one non - native bird species detected during the site surveys, most are common residents such as the Red - tailed Hawk (Buteo janiaicensis), Anna's Hummingbird (Calypte anna), American Crow (Corvus brachyrhynchos), Black Phoebe (Sayornis nigricans), House Finch (Carpodacus ntexicanus), and Lesser Goldfinch (Carduelis psaltria). Winter visitors observed on the site include the Common Snipe (Gallinago gallinago)', Hermit Thrush (Catharus guttatus), Orange - crowned Warbler (Verntivora celata), Yellow - rumped Warbler (Dendroica coronata), and White - crowned Sparrow (Zonotrichia leucophrys). On 7 March and 2 June 1998, a pair of federally threatened Coastal California Gnatcatchers (Polioptila californica californica) was observed in coastal sage scrub habitat located in the northeast portion of the site; these sightings are described subsequently, in the Sensitive Species section. MAMMALS Two common native mammal species were detected during the field surveys: California Ground Squirrel (Sperniophilus beecheyi) and Audubon Cottontail (Sylvilagus audubonii). Tracks of a canid, possibly a Coyote (Canis latrans), were observed along a path on the mesa. SENSITIVE SPECIES Sensitive species are plants and animals that are endangered or rare, as those terms are used by • CEQA and its Guidelines, or are of current local, regional or state concern. This section lists and briefly discusses the status of each sensitive species that may occur on the site; for bird species, potential for occurrence excludes migrants and rare winter visitors. Legal protection for sensitive species varies widely, from the relatively comprehensive protection extended to listed threatened and endangered species to no legal status at present. The California Department of Fish and Game (CDFG), U.S. Fish and Wildlife Service (USFWS), local agencies, and special interest groups such as the California Native P1antSociety (CNPS) publish watch lists of declining species; some of these lists describe the general nature and perceived severity of the decline. In addition, recently published findings and preliminary results of ongoing research provide a basis for consideration of unlisted species. Finally, species that are not rare or threatened statewide or regionally, but whose local populations are sparse, rapidly dwindling or otherwise unstable, may be considered to be of "local interest." The following paragraphs discuss two sensitive plant species and one sensitive wildlife species detected during the course of the site surveys. Several additional sensitive species potentially occur on the site, but analysis of these species is beyond the scope of this preliminary study. • ' Observed in cat -tail marsh habitat. 4 Robert A. Hamilton, Consntting Biologist Coulter's Saltbush (Atriplex coulteri) Coulter's Saltbush is placed on California Native Plant Society (CNPS) List 113, which includes • species considered by CNPS to be rare or endangered in California and elsewhere. This low, spreading perennial saltbush species is known to occurin coastal bluff and grassland habitats with some alkalinity. Red stems and opposite leaves distinguish Coulter's Saltbush from the more common, introduced Australian Saltbush. This species is distributed from Los Angeles County, east to San Bernardino County and south to Baja California. It is most commonly found on the Channel Islands. In Orange County this species has been recorded from Laguna Beach, Pelican Hill, Signal Hill, Trabuco Canyon and Cristianitos Canyon. On 25 May 1998, David Bramlet detected one specimen of Coulter's Saltbush on a bare, eroding slope in the southeast portion of the mesa, growing with Vernal Barley and the introduced Australian Saltbush (Atriplex sentibaccata). Vernal Barley (Hordeum intercedens) This annual grass is placed on CNPS List 3, a review list of plants suggested by CNPS for consideration as endangered but about which more information is needed. This species was recently added to this review list due to the continued declines in preferred habitat, the limited collections, and general lack of knowledge related to the difficulty of identifying this grass. Vernal Barley is known from scattered collections throughout a range that extends from San . Francisco to Kern County, extending south into Baja California and onto the Channel Islands. In southern California, Vernal Barley is generally known from Riverside County, where it occurs on the Santa Rosa Plateau and in alkali sink grasslands along the San Jacinto River and west of Hemet. In San Diego, Vernal Barley is found adjacent to vernal pools on Otay Mesa, extending northward to Camp Pendleton. This species was only recently recorded in Orange County, where it has been recorded at vernal pools in Costa Mesa (Fairview Park) and clay soil habitats at the U.C. Irvine Ecological Reserve, near Quail Hill (Irvine), and at several locales near the county's southern border. On 25 May 1998, David Bramlet detected limited numbers of Vernal Barley (fewer than 100 plants) in bare loamy -clay areas on the mesa, and in the site's seasonally wet ponds. Coastal California Gnatcatcher (Pohoptila californica californica) The Coastal California Gnatcatcher is a federally threatened bird species that is considered a California Species of Special Concern. This species formerly occupied coastal sage scrub and coastal bluff scrub communities from Ventura County south to northwestern Baja California. It is now absent from much of its former range. In Orange County, Coastal California Gnatcatchers occupy coastal sage scrub and similar native associations on gentle to moderate slopes south and east of the Santa Ana River. The major populations are located near the coast, in the Fullerton Hills, on the coastal slope of Loma Ridge and in the southern foothills. • 5 Robert A. Namiltou, Consulting Biologist On 7March 1998, I observed a pair of Coastal California Gnatcatchers in coastal sage scrub habitat located in the northeast portion of the site (see attached map). I followed the male for over an hour, and during brief views of the secretive female, I could see that she was carrying nesting material. On 2 June 1998, I observed this pair again for approximately 10 minutes, and did not detect any juveniles. DISCUSSION Although this open space parcel is physically isolated from larger open space areas and shows evidence of past disturbance, it retains a mosaic of habitats that includes seasonal and perennial wetlands, coastal sage scrub and grasslands. The site's wetland and coastal sage scrub communities are subject to specific state and federal resource protection laws. The site's plant communities provide habitat for a variety of native plants, reptiles, birds and mammals. In particular, the presence of two biologically sensitive plant species, and attempted nesting by a pair of Coastal California Gnatcatchers attests to the site's value as natural open space. The presence of a Red - tailed Hawk on the site in early March suggests that this species nests in the project vicinity and is likely to utilize the site during the breeding season. Thus, loss of this open space area would likely represent a loss of foraging habitat for nesting raptors. If the City is considering developmentof this parcel, I would offer the following recommendations: •' Retain a competent, experienced biologist to conduct a full biological assessment of the parcel. This should include mapping and quantifying the site's plant communities, analysis of the potential for additional sensitive plant and animal species to occur on this parcel, and any appropriate focused surveys. For example, the site's seasonal ponds should be sampled for fairy shrimps and rare plants; although none were observed during the site surveys, these species are typically difficult to detect except through a series of directed surveys over a period of several weeks. Consult with the County of Orange and U.S. Fish & Wildlife Service to ensure that loss of occupied California Gnatcatcher habitat is handled properly with respect to the Natural Communities Conservation Plan (NCCP) for Central and Coastal Orange County. Rather than completing a full set of six to nine California Gnatcatcher surveys, it may be possible to identify coastal sage scrub on the site as occupied by nesting gnatcatchers, based on the results of this survey and perhaps one or two additional follow -up surveys. Delineate jurisdictional wetlands and consult with the U.S. Army Corps of Engineers regarding potential impacts to cat -tail marsh habitat, seasonal ponds, and /or a seasonal swale. Consultwith the California Department of Fish & Game regarding potential impacts tostreambeds with defined bed and banks. If the City considers swapping this land for one or more parcels located elsewhere in the City, it •; would seem appropriate for such land to 1) presently be zoned for development (not open space), ri Robert A. Hamilton, Consulting Biologist 2) be of equal area to the subject parcel, and 3) support wetlands, sensitive plant species, and coastal sage scrub occupied by nesting California Gnatcatchers. If any land considered for swapping for the subject parcel includes degraded plant communities, then restoration with • appropriate, locally native species should be required prior to removal of habitat from the subject parcel. CONCLUSION Thank you for the opportunity to participate in the planning process for this interesting piece of land. If you have any questions regarding this report, or wish to further discuss any issues, please call me at (949) 459 -2875 or send e-mail to robbham@flash.net. Sincerely, IW 1 Robert A. Hamilton Consulting Biologist Attachments: Map Showing Location of California Gnatcatcher Nesting Pair Appendix A - Plant Species Observed Appendix B - Wildlife Species Observed • • 7 0) W .ocation of California Gnatcatcher Pair- Newport Fashion Island Open Spaci Streets98 Copyright 0 1988.1997. Microsolt Corporation aaWor its suppliers. NI rights reserved. Please visit our wee Site at httpJ/meps.evpedia.com. Page t Robert A. Hamilton, Considting Biologist APPENDIX A PLANT SPECIES OBSERVED • DEDICATED OPEN SPACE PARCEL AT NEWPORT FASHION ISLAND The following plant species were detected on the project site during the current study. " Introduced species ANTHOPHYTA: DICOTYLEDONES DICOT FLOWERING PLANTS Aizoaceae Carpet -Weed Family " Carpobrohis edulis Hottentot -Fig " Mesentbnjanthemunt nodiftrunt Small- flowered Ice Plant Amaranthaceae Amaranth Family " Amaranthus albus Tumbling Pigweed Apiaceae Carrot Family Daunts pusillus Rattlesnake Weed Foenicuhmt vulgare Sweet Fennel Asteraceae Sunflower Family Artentisia californica California Sagebrush Baccliaris pilularis ssp. consanguinea Coyote Brush Baccharis salicifolia Mulefat Carduus pycnocephalus Italian Thistle • Centaurea ntelitensis Tocalote Chnttsanthenumt corouatum Garland Chrysanthemum Conyza canadensis Common Horseweed Cotula coronopifolia African Brass - Buttons " Dintorpltotheca sinuata African Daisy Encelia californica California Encelia Filago californica California Filago " Filago gallica Narrow - leaved Filago " Gazania linearis Gazania Gnaphalium beneolens Fragrant Everlasting Grindelia camporunt Big Gumplant " Hedypnois cretica Crete Hedypnois Hemizonia fasciculata Fascicled Tarweed Heterotheca grandiflora Telegraph Weed " Hypochoeris glabra Smooth Cat's Ear Isocoma ntenziesii Coastal Goldenbush Lessingia filaginifolia Cudweed Aster Psilocarphus brevissfntus Woolly Marbles " Sonchus asper Prickly Sow - Thistle " Sonchus oleracetts Common Sow - Thistle Stepltanonteria virgata Tall Stephanomeria • Boraginaceae Amsinckia menziesii Heliotropium curassavicum ssp. oculatum Brassicaceae * Brassica nigra • Coronopusdidymus • Hirsclifeldia incana Lepidium lasiocarpum • Lobularia maritima Rapltanus sativus Cactaceae Opuntia littoralis Capparaceae Isomeris arborea Caryophyllaceae * Polycarpon tetrapltyllum * Spergula arvensis Spergularia marina Chenopodiaceae Atriplex coulteri * Atriplex semibaccata * Chenopodium murale * Salsola tragus Convolvulaceae Calystegia macrostegia ssp. intermedia * Convolvuhts arvensis Crassulaceae Crassula connata Cucurbitaceae Cucurbita foetidissima Marah macrocarpus Euphorbiaceae Chamaesyce serpyll ifol is Eremocarpus setiger Fabaceae * Acacia pycantha Lotus hamatus Lotus scoparius • Lotus unifoliolatus Lupinus bicolor Robert A. Hamilton, Consulting Biologist Borage Family Rigid Fiddleneck Salt Heliotrope Mustard Family Black Mustard Lesser Wart -Cress Shortpod Mustard Sand Peppergrass Sweet - Alyssum Wild Radish Cactus Family Coastal Prickly -Pear Caper Family Bladderpod Pink Family Four - leaved Polycarp Corn Spurrey Salt Marsh Sand Spurry Goosefoot Family Coulter's Saltbush Australian Saltbush Nettle - leaved Goosefoot Russian - Thistle Morning -glory Family Short -lobed Morning -Glory Field Bindweed Stonecrop Family Pigmy Sand Weed Gourd Family Coyote Gourd Wild Cucumber Spurge Family Thyme - leaved Spurge Doveweed Pea Family Golden Wattle San Diego Lotus Coastal Deerweed Spanish Lotus Bicolored Lupine A -2 • Medicago polymorpha var. polymorpha • Mehlotus indica Geraniaceae * Erodium botrys * Erodium cicutarium Lamiaceae Salvia mellifera Lythraceae * Lythrum hyssopifolium Myoporaceae * Myoporum laetum Myrtaceae * Eucalyptus camaldulensis Onagraceae * Oenothera sp. Oxalidaceae * Oxalis pes- caprae Plantaginaceae * Plantago coronopus * Plantago erecta ssp. californica Plumbaginaceae * Limonium perezii Robert A. Hamilton, Consulting Biologist Bur - Clover Yellow Sweetclover Geranium Family Long- beaked Filaree Red - stemmed Filaree Mint Family Black Sage Loosestrife Family Grass Poly Myoporum Family Myoporum Myrtle Family River Red Gum Evening- Primrose Family Evening - Primrose (planted) Wood - sorrel Family Bermuda- Buttercup Plantain Family Cut -leaf Plantain California Plantain Leadwort Family Perez's Sea - Lavender (planted) Polygonaceae Buckwheat Family • Eriogonum grande Island Buckwheat (planted) Eriogonum fasciculatum var. foliolosum Interior Flat- topped Buckwheat • Polygonum arenastrum Yard Knotweed • Rumex crispus Curly Dock Primulaceae * Anagallis arvensis Rhamnaceae * Ceanothus sp. Salicaceae Salix lasiolepis Scrophulariaceae Mimulus aurantiacus Primrose Family Scarlet Pimpernel Buckthorn Family ceanothus (planted) Willow Family Arroyo Willow Figwort Family Bush Monkeyflower A -3 • • • •1 Robert A. Hami /ton, Considting Biologist Solanaceae Nightshade Family • Nicotfana glauca Tree Tobacco • Solanum americanum Small- flowered Nightshade ANGIOSPERMAE: MONOCOTYLEDONAE MONOCOT FLOWERING PLANTS Cyperaceae Sedge Family * Cyperusalternifolius African Umbrella -Sedge Cypents eragrostis Tall Umbrella -Sedge Eleocliaris palustris Pale Spike -Rush Juncaceae Rush Family Juncus bttfonius Toad Rush Poaceae Grass Family * Avena barbata Slender Wild Oat * Avena fatita Common Wild Oat * Bradtypodiuni distachyon Purple False Brome * Bronnis diandrus Common Ripgut Grass * Bronnts hordeaceus Soft Chess * Bronuts niadritensis ssp. rubens Foxtail Chess * Cortaderia selloana Selloa Pampas Grass • Cynodon dactylon Bermuda Grass Hordeum intercedens Vernal Barley • Hordeum nutrinum ssp. leporinuni Hare Barley Nassella sp. Needlegrass * Paspaluni dilatatuni Dallis Grass * Poa annita Annual Bluegrass • Polypogon nionspeliensis Rabbitfoot Grass • Scltisnuis barbatus Mediterranean Schismus • Setaria puntila Yellow Bristlegrass * Vulpia niyuros Foxtail Fescue Typhaceae Cat -tail Family Typha domingensis Slender Cat -Tail Taxonomy and scientific nomenclature follows Hickman (1993)'; common names primarily follow Roberts (1998)'. 'Hickman, J. C. 1993. The Jepson Manual: Higher Plants of California. University of California Press. Berkeley and Los Angeles. 'Roberts, F. M. Jr. 1998. A Checklist of the Vascular Plants of Orange County, California, •� Second Edition. F. M. Roberts Publications, Encinitas. A -4 Robert A. Hamilton, Consulting Biologist APPENDIX B WILDLIFE SPECIES OBSERVED • DEDICATED OPEN SPACE PARCEL AT NEWPORT FASHION ISLAND The following reptiles, birds and mammals were detected in the study area during the current study. Presence may be noted if a species is seen or heard, or identified by the presence of tracks, scat or other signs. *Introduced species REPTILIA REPTILES Iguanidae Iguanid Lizards Uta stansburiana Side - blotched Lizard Scincidae Skinks Eumeces skiltonianus Western Skink AVES BIRDS Cathartidae New World Vultures Cathartes aura Turkey Vulture Accipitridae Hawks Buteo lineatus Red - shouldered Hawk Buteo janiaicensis Red - tailed Hawk • Scolopacidae Sandpipers Gallinago gallinago Common Snipe Columbidae Pigeons, Doves Zenaida macroura Mourning Dove Trochilidae Hummingbirds Calypte anna Anna's Hummingbird Selasphorus sasin Allen's Hummingbird Tyrannidae Tyrant Flycatchers Sayornis nigricans Black Phoebe Corvidae Jays, Crows Corpus brachyrhynchos American Crow Corpus corax Common Raven Monarchidae Monarch Flycatchers Catharus guttatus Hermit Thrush Aegithalidae Bushtits Psaltriparus ntinintus Bushtit • Troglodytidae Thryontanes bewickii Cistothonts palustris Sylviidae Polioptila californica Regulidae Regulus calendula Mimidae Mimus polyglottos Parulidae Vermivora celata Dendroica coronata Geothlypis trichas Emberizidae Pipilo crissalis Melospiza nielodia Melospiza lincohtii Zonotrichia lettcophrys Fringillidae Carpodacus niexicanus • Carduelis psaltria Passeridae * Passer doniesticus MAMMALIA Leporidae Sylvilagus audubonii Sciuridae Sperniophilus beecheyi Robert A. Hamilton, Consulting Biologist Wrens Bewick's Wren Marsh Wren Old World Warblers, Gnatcatchers California Gnatcatcher Kinglets, Gnatcatchers, Thrushes, Babblers Ruby - crowned Kinglet Thrashers Northern Mockingbird Wood Warblers Orange- crowned Warbler Yellow - rumped Warbler Common Yellowthroat Sparrows and Buntings California Towhee Song Sparrow Lincoln's Sparrow White- crowned Sparrow Finches House Finch Lesser Goldfinch Old World Sparrows House Sparrow MAMMALS Hares, Rabbits Audubon Cottontail Squirrels California Ground Squirrel Taxonomy and nomenclature follow Stebbins (1966)', American Ornithologists' Union (1983)2 and Ingles (1965)'. 'Stebbins, R.C. 1966. A Field Guide to Western Reptiles and Amphibians. Houghton Mifflin, Boston. 2American Ornithologists' Union. 1983. Check -list of North American Birds, sixth edition. Washington, D.C. and supplements through the 41" (1997). •) ' Ingles, L.G. 1965. Mammals of the Pacific States. Stanford University Press. !EM