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HomeMy WebLinkAboutGPA 05-06; AURA CIRCLE; BIOLOGICAL TECHNICAL REPORT 2016; 2016-09-15-------- -----.. - - -- -- - - Aura Circle Project Biological Technical Report Preparedfor: Pacific Legacy Homes 16870 W. Bernardo Drive, Suite 400 San Diego. CA 92127 Prepared by: HELIX Environmental Planning, Inc. 7578 El Cajon Boulevard La Mesa, CA 91942 September 15, 2016 ----- --------- - - ---- ---- ---- Table of Contents Section EXECUTIVE SUMMARY ...................................................................................................... ES-I 1.0 2.0 3.0 4.0 5.0 INTRODUCTION .............................................................................................................. I I.I 1.2 1.3 Location .................................................................................................................. 1 Physical Description and Land Use ........................................................................ 1 Project Description .................................................................................................. 1 METHODS ......................................................................................................................... 2 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Literature Review .................................................................................................... 2 General Biological Survey ...................................................................................... 2 Rare Plant Survey ................................................................................................... 3 Coastal California Gnatcatcher Survey ................................................................... 3 Hermes Copper Butterfly Habitat Assessment ....................................................... 3 Survey Limitations .................................................................................................. 4 Nomenclature .......................................................................................................... 4 EXISTING CONDITIONS ................................................................................................. 4 3. I 3.2 3.3 Vegetation Communities ........................................................................................ 4 3.1.1 Diegan Coastal Sage Scrub (including disturbed) ...................................... 5 3.1.2 Native Grassland ......................................................................................... 5 3.1.3 Non-native Grassland .................................................................................. 6 3.1.4 Non-native Vegetation ................................................................................ 6 3.1.5 Disturbed Habitat ........................................................................................ 6 3.1.6 Developed ................................................................................................... 6 Plants ....................................................................................................................... 6 Animals ................................................................................................................... 7 SENSITIVE RESOURCES ................................................................................................ 7 4 I S ·1· V t 1· C ·1· 7 . ens11ve ege a 10n ommun1 1es ........................................................................ . 4.2 Special Status Plant Species .................................................................................... 7 4.3 Special Status Animal Species ................................................................................ 8 4.4 Special Status Species With Potential To Occur .................................................... 8 4.5 Wildlife Corridors ................................................................................................... 8 REGIONAL AND REGULATORY COJ\TEXT ............................................................... 9 5.1 Federal.. ................................................................................................................... 9 5.1.1 Endangered Species Act ............................................................................. 9 5.1.2 Migratory Bird Treaty Act.. ...................................................................... 10 5.1.3 Coastal Zone Management Act of 1972 ................................................... 10 5.2 State of California ................................................................................................. 10 5.2.1 California Environmental Quality Act. ..................................................... 10 5.2.2 California Endangered Species Act .......................................................... 10 5.2.3 Native Plant Protection Act ...................................................................... 11 Table of Contents (cont.) Section Page 5.0 REGIONAL AND REGULATORY CONTEXT (cont.) 5.2.4 California Fish and Grune Code ................................................................ 11 5.2.5 California Natural Community Conservation Planning Act of 1991 ........ 11 5.2.6 California Coastal Actofl976 ................................................................. 12 5.3 North County Multiple Habitat Conservation Plan/Carlsbad Habitat Management Plan .................................................................................................. 12 5.3.1 Zone Level Recommendations ................................................................. 13 5.3.2 Proposed Hardline Conservation Areas .................................................... 13 5 .3 .3 Coastal Zone Standards ............................................................................. 13 5.3.4 Special Conditions for Covered Species ................................................... 14 6.0 IMPACTS ......................................................................................................................... I 4 6. I Direct Impacts ....................................................................................................... 15 6.1.1 Vegetation Communities .......................................................................... 15 6. I .2 Plant Species ............................................................................................. I 5 6.1.3 Animal Species ......................................................................................... 16 6.1.4 Nesting Birds ............................................................................................ 16 6.1.5 Regional Context/Wildlife Corridors ........................................................ 16 6.2 Indirect Impacts .................................................................................................... 16 6.2.1 Noise ......................................................................................................... 16 6.2.2 Fire Management ...................................................................................... 16 6.2.3 Erosion Control ......................................................................................... 17 6.2.4 Invasive Plant Species ............................................................................... 17 6.2.5 Night Lighting ........................................................................................... 17 6.2.6 Fencing ...................................................................................................... 17 6.2.7 Predator and Exotic Species Control ........................................................ 17 7.0 MITIGATION ................................................................................................................... I 7 8.0 9.0 7.1 Direct Impacts ....................................................................................................... 18 7 .1.1 Vegetation Communities .......................................................................... 18 7.1.2 Special Status Animal Species .................................................................. 19 7.1.3 Nesting Birds ............................................................................................ 19 7.2 Indirect Impacts .................................................................................................... 20 7.2. I Noise ......................................................................................................... 20 7 .2.2 Erosion Control ......................................................................................... 20 7 .2.3 Invasive Plant Species ............................................................................... 20 7.2.4 Night Lighting ........................................................................................... 20 7.2.5 Fencing ...................................................................................................... 21 7.2.6 Predator and Exotic Species Control ........................................................ 21 7.3 Level of Significance After Mitigation ................................................................. 21 LIST OF PREPARERS ..................................................................................................... 22 REFERENCES ................................................................................................................. 23 II - - - - - - - - ------ ---- --- ----------------- • ----- - - -- A B C D E F Table of Contents (cont.) LIST OF APPENDICES Plant Species Observed in 2016 Animal Species Observed or Detected Special Status Plant Species With Potential to Occur Special Status Animal Species With Potential to Occur Explanation of Status Codes For Plant and Animal Species 20 I 6 CAGN Survey Report LIST OF FIGURES No. Title Follows Page 1 2 3 4 5 6 7 8 No. 1 2 3 4 Regional Location Map ........................................................................................................ 2 Project Vicinity (USGS Topography) .................................................................................. 2 Project Vicinity (Aerial Photograph) .................................................................................. .2 Soils ...................................................................................................................................... 2 Site Plan ............................................................................................................................... 2 2016 Vegetation and Sensitive Resources ........................................................................... 6 2016 Vegetation, Sensitive Resources, and Impacts ......................................................... 14 Diegan Coastal Sage Scrub Restoration Plan .................................................................... 18 LIST OF TABLES Title 2016 Survey Information ..................................................................................................... 3 Existing Vegetation Communities ....................................................................................... 5 Impacts To Vegetation Communities ................................................................................ 15 Mitigation Summary For Impacts To Vegetation Communities ....................................... 18 Ill - - THIS PAGE INTENTIONALLY LEFT BLANK - - ---- --- --- - -IV ---- ------------ - - ---- - -- EXECUTIVE SUMMARY This report describes existing biological conditions for the 15.06-acre Aura Circle project site located in Carlsbad, California and provides the project applicant, public, resource agencies, and City of Carlsbad (City) with the necessary information to assess project impacts to biological resources. Regulatory act(s)/plan(s) that apply to project development include the California Environmental Quality Act (CEQA), Carlsbad Habitat Management Plan (HMP), North County Multiple Habitat Conservation Plan (MHCP), Coastal Resources Protection, and federal and state Endangered Species acts. The site is located south of Tamarack Avenue and West of El Camino Real in Carlsbad, San Diego County. The property lies between residential communities along Kelly Drive to the east and Avila Avenue to the west. Topography consists of two small ridgelines with gentle sloping hillsides. Elevation ranges from approximately 38 feet to 239 feet above mean sea level (ams!). Surrounding land is composed of residential developments that completely surround the site. The site is within the Carlsbad HMP. A general biological survey consisting of vegetation mapping and a general plant and animal survey was conducted on January 18, 2016. Focused surveys for the coastal California gnatcatcher (Polioptila cal[fornica californica) were conducted on February 19. February 26, and March 10, 2016, and rare plant surveys were performed on April 11 and June 22, 2016. Six vegetation communities/land cover types occur within the project site: Diegan coastal sage scrub (including disturbed), native grassland, non-native grassland, non-native vegetation, disturbed habitat, and developed land. Two special status plant species have been found within the project site: small-flower bindweed (Convolvulus simulans) and ashy spike-moss (Selaginella cinerascens). Two special status animal species were observed within the project site: coastal California gnatcatcher and Cooper's hawk (Accipiter cooperii). Significant impacts would occur to 2.1 acres of Diegan coastal sage scrub (including disturbed), 2.4 acres of disturbed habitat, I .0 acre of non-native vegetation, and 0.1 acre of developed land upon implementation of the proposed project. Mitigation for impacts to Diegan coastal sage scrub includes creation of 5.19 acres of Diegan coastal sage scrub on site in what is currently non-native vegetation, disturbed habitat, or developed land. Mitigation for impacts to disturbed habitat includes the payment of an in lieu mitigation fee to the City. Mitigation is also prescribed for potentially significant indirect impacts to the adjacent HMP Preserve. No mitigation is required for impacts to non-native vegetation and developed lands as they are not considered sensitive. No special status plant species would be impacted by the proposed project. Significant impacts to the federally listed threatened coastal California gnatcatcher and Carlsbad HMP covered Cooper's hawk will be covered by the mitigation program resulting from impacts to the Diegan coastal sage scrub as well as additional measures to protect nesting gnatcatcher and raptors. Hfj._g,_ _____________ _ Biological Technical Rep;)rt for the Aura Qrcle Project! PLH-011 September 7. 2016 B-1 - - THIS PAGE INTENTIONALLY LEFT BLANK - - - - --- - - HELIX -----------------------------------Biological Technical Repott for the Aure Orcle Project/ P/..H-011 September 7, 2016 -- -------- ------------------- --- ---- 1.0 INTRODUCTION This Biological Technical Report (BTR) presents the results of biological resources studies conducted by HELIX Environmental Planning, Inc. (HELIX) for the Aura Circle Project (project) proposed by Pacific Legacy Homes (project applicant). The study was conducted to provide the City of Carlsbad (City), resource agencies, and the public with current biological data to satisfy review of the proposed project under the California Environmental Quality Act (CEQA) and to demonstrate compliance with federal, State, and local regulations, including the Carlsbad Habitat Management Plan (Carlsbad HMP). The approximately 15.06-acre project involves the construction of residential housing. This report describes the project's current biological conditions, vegetation communities, and plant and wildlife species observed or detected during surveys, and identifies those resources that are sensitive or of special status. It also identifies sensitive species with potential to occur on the project site. Additionally, project impacts are assessed, and mitigation is proposed to offset the project's unavoidable, significant impacts to sensitive/special status biological resources. I. I LOCATION The 15.06-acre project site is located south of Tamarack Avenue and west of El Camino Real within the City of Carlsbad (City), San Diego County, California (Figure 1). The project site is further located within the Agua Hedionda land grant of the U.S. Geological Survey 7.5-minute San Luis Rey quadrangle map (Figure 2). The property lies between residential communities along Kelly Drive to the east and Avila Avenue to the west and is within the City's Habitat Management Program. The property is within the Coastal Zone and includes Proposed Hardline Conservation Area within Local Facilities Management Zone (LFMZ) 1. An aerial photograph of the site is provided as Figure 3. 1.2 PHYSICAL DESCRIPTION AND LAND USE The site includes two small ridgelines with gently sloping hillsides, surrounded by areas of predominantly disturbed areas. Vegetation includes Diegan coastal sage scrub, grassland, and disturbed areas. Surrounding the parcel are densely clustered residential areas with no open space contiguous to any boundary line. Elevation ranges from approximately 38 feet to 239 feet above mean sea level (ams!). The soil type on site consists primarily of Las Flores Loamy Fine Sand, 15 to 30 percent slopes (Figure 4). 1.3 PROJECT DESCRIPTION The proposed project is a 9-lot residential subdivision. The lots arc located along the west side of Aura Circle, a cul-de-sac that will extend onto the subject property. The project will be constructed on a slope, with a cut slope above the backs of the lots, and a fill slope below the cul-de-sac. The fill slopes include an extra 10 feet of assumed impact to allow for keying in of new slopes. A site plan of the proposed project is included as Figure 5. Newly graded slopes outside the preserve will be landscaped with a typical landscape palette. The backs of each lot and the east side of Aura Circle will have a 6-foot tubular steel fence that H§JJ. ______________ _ Biological Technical Report for the Aura Circle Project I PLH-011 September 15. 2016 will help keep people out of the landscaped slopes. The landscaped slopes will have a 6-foot chain link environmental fence that separates the HOA maintained slopes from the adjacent preserve. The outside edge of the open space will have a 6-foot chain link fence along the property line. Brush management wnes that interface with the preserve (north of Lot 9 and adjacent to an off-site home north of the property) will have a native, fire resistant plant palette that is compatible with the preserve but also does not introduce fire prone vegetation. All brush management zones for the new project will be kept out of the preserve. The north side of Lot 9 includes a 6-foot masonry wall that keeps the required brush management wne at 30 feet as measured from the edge of the lot. The outside edge of the brush management zone is bounded by the 6-foot environmental fence that delineates the limits of HOA maintained brush management. 2.0 METHODS A number of different surveys have been conducted to document biological resources present within the project site including focused surveys for special status species. Surveys presented in this report were conducted by HELIX in 2016 (Table I). 2.1 LITERATURE REVIEW Prior to HELIX's surveys, searches of the California Department Fish and Wildlife's (CDFW) California Natural Diversity Database (CNDDB), California Native Plant Society's (CNPS) Inventory of Rare and Endangered Plants (CNPS 2016), Calflora database, and U.S. Fish and Wildlife Service (USFWS) species databases were performed for information regarding special status species knovm to occur within the vicinity of the project. HELIX also reviewed available literature from previous studies including a previous BTR prepared by HELIX in 2007 (HELIX 2007). 2.2 GENERAL BIOLOGICAL SURVEY A general biological survey of the project site was conducted by HELIX on January 28, 2016 (Table 1 ). The general biological survey included vegetation mapping, plant and animal inventories, habitat assessments for special status species, and mapping of sensitive resources detected at the time of the survey. Vegetation communities/land cover types were mapped on a 1 "=200' scale aerial photograph of the project site. Vegetation communities were identified by walking the project site during field surveys. Vegetation communities were mapped according to Holland ( 1986), as modified by Oberbauer (2008). All observed or detected plant and animal species were recorded in field notes and/or on an aerial photograph (the latter for special status species). A Global Positioning System (GPS) was used to record individual locations of special status species. Complete lists of all plant and animal species observed or detected are included in Appendices A and B, respectively. Animal identifications were made in the field by direct, visual observation, or indirectly by detection of calls, burrows, tracks, or scat. All plant identifications were made in the field or in the lab through comparison with voucher specimens or photographs. In addition to HELIX EIMIDMIMIIIIP!wlnklg------------------------------ 8iOfOgica/ Technical Reporl for the Aura Circle Project I PLH-01/ September 15, 2016 2 - - - - - ----- ----- the general biological survey, HELIX conducted focused surveys for rare plants and coastal California gnatcatcher (Polioptila californica californica; CAGN). See Table 1 for a list of survey dates. Table 1 2016 SURVEY INFORMATION Date Personnel Survey Type January 18, 2016 Erica Harris General biological survey, vegetation manninf!., habitat assessment February 19, 2016 Erica Harris Coastal Californja gnatcatcher survey #1 Hermes cooper habitat assessment February 26, 2016 Erica Harris Coastal California gnatcatcher survey #2 Ben Rosenbaum* Erica Harris March 10, 2016 Ben Rosenbaum* Coastal California gnatcatcher survey #3 Katie Bellon* April 11, 2016 Amy Mattson Spring rare plant survey Talaya Rachels June 22, 2016 Amy Mattson Summer rare plant survey .. *Supervised md1v1dual 2.3 RARE PLANT SURVEY HELIX conducted surveys for rare plants within the project site on April 11 and June 22, 2016 (Table 1 ). Rare plants investigated included those that are listed as threatened or endangered by the USFWS or the CDFW, those that listed as rare by the CNPS, as well as narrow endemic species listed in the Carlsbad HMP. The project site was traversed by foot and all habitat areas were inspected for the presence of rare plant species. Rare plant species also were looked for opportunistically during other surveys. 2.4 COAST AL CALIFORNIA GNATCA TCHER SURVEY The survey consisted of three site visits that were performed in accordance with the current (1997) USFWS protocol by permitted biologist Erica Harris (Table 1; TE-778195-13). The survey covered all potential CAGN habitat composed of Diegan coastal sage scrub (including disturbed). The surveys were conducted by walking along the edges of, as well as within, suitable CAGN habitat. The survey route was arranged to ensure complete survey coverage of all habitat with potential for occupancy by CAGN. All surveys were conducted with binoculars to aid in bird detection. Recorded CAGN vocalizations were played sparingly and only if other means of detection had failed. If a gnatcatcher was detected before playing recorded vocalizations, the recordings were not played. Once CAGNs were initially detected in an area, use of playback was discontinued. 2.5 HERMES COPPER BUTTERFLY HABIT AT ASSESSMENT HELIX biologists conducted a habitat assessment for the Hermes copper butterfly (Lycaena hermes) according to the County 's Guidelines for Hermes Copper (County 2010). Potential HELIX EmflonmentalPlllnnlng------------------------------ 8iological Technical Report for the Aura Circle Project I PLH-011 September 15, 2016 3 habitat for Hennes copper consist of California buckwheat (Eriogonum Jasciculatum), the species' favored nectar plant, located within 15 feet of a mature spiny redberry (Rhamnus crocea) shrub, the species· host plant. 2.6 SURVEY LIMITATIONS All noted animal species were identified by direct observation, vocalizations, or the observance of scat, tracks, or other signs. However, the lists of species identified are not necessarily comprehensive accounts of all species that occur on the site, as species that are nocturnal, secretive, or seasonally restricted may not have been observed. 2.7 NOMENCLATURE Nomenclature used in this report follows Baldwin et al. (2012) for scientific names of plants, while common names follow the California Native Plant Society (CNPS 2016). Other conventions used are Holland (1986) and Oberbauer (2008) for vegetation communities, Glassberg (2001) and Heath (2004) for butterflies; Crother (2012) for reptiles and amphibians, American Ornithologist's Union (2016) for birds, and Baker et al. (2003) for mammals. Plant species sensitivity status is from the CDFW Special Plant List (CDFW 2016a) and CNPS (2016). Animal species sensitivity status is from the CDFW Special Animal list (CDFW 2016b). 3.0 EXISTING CONDITIONS Survey results for vegetation communities, plant species, and animal species are presented in the following section. These results include sensitive vegetation communities present and special status species either observed or with potential to occur in the project site. 3.1 VEGETATION COMMUNITIES The Carlsbad HMP (City of Carlsbad 2004) also divides vegetation communities into 6 Habit.at Groups (A through F). Carlsbad Habitat Grouo Habitat Tvne and Descrintion Coastal salt marsh, alkali marsh, freshwater marsh, estuarine, salt pan/mudflats, riparian A forest, riparian woodland, riparian scrub, vernal pools, disturbed wetlands. flood channel, freshwater Em•elmann oak woodland, coast live oak woodland B Beach, southern coastal bluff scrub, maritime succulent scrub. southern maritime chaoarral, native l!rassland C Gnatcatcher-occuoied coastal saoe scrub D Unoccupied coastal sage scrub. coastal sage/chaparral mix, chaparral (excluding southern maritime chanarran E Annual <non-native) Qfassland F Disturbed land, eucalvntus, aQricultural lands Hfil~--------------- Biologica, Technical Report for the Aura Circle Project I PLH-011 September 15, 2016 4 • introduced annual species. Native grasslands occur throughout California as small isolated islands. A total of 0.05 acre of native grassland occurs within the project site. The dominant species observed include purple needle grass. 3.1.3 Non-native Grassland Non-native grassland typically supports a sparse to dense cover of annual grasses often associated with numerous species of showy-flowered native annual forbs. This association occurs on gradual slopes with deep, fine-textured, usually clay soils. Most of the annual, introduced species that make up the majority of species and biomass within the non-native grassland originated from the Mediterranean region, an area with a long history of agriculture and a climate similar to California. These grasslands are common throughout San Diego County. Typical species observed in this habitat on site include ripgut grass (Bromus diandrus), soft chess (Bromus hordaceus), and barley (Hordeum murinum). A total of 0.02 acre of non-native grassland occurs within the project site. Dominant species include wild oat (Avena spp.). 3.1.4 Non-Native Vegetation Non-native vegetation is a category describing stands of naturalized trees or shrubs, many of which are also used in ornamental landscaping. On site, this habitat consists of small stands of Peruvian pepper tree (Schinus molle) and golden wattle (Acacia sp.), as well as carpets of hottentot fig (Carpobrotus edulis) and slenderleaf iceplant (Mesembryanthemum nodijlorum). This habitat occupies 1. 7 acres within the project site. 3.1.5 Disturbed Habitat Disturbed habitat includes land that has little or no habitat value because it has been cleared of vegetation for agricultural purposes or contains heavily compacted soils following disturbance such as grading. Disturbed habitat on site includes heavily disturbed soils dominated by annual non-native vegetation such as filaree (Erodium spp.), wild-oat, castor bean (Ricinus communis), and mustard (Brassica sp.). Approximately 6.4 acres of disturbed habitat occur within the project site. 3.1.6 Developed Developed land is where permanent structures and/or pavement have been placed, which prevents the growth of vegetation, or where landscaping is clearly tended and maintained. Developed portions of the site consist of a concrete pad and landscaping located along the western and northern boundaries adjacent to existing residential development. Approximately 0.9 acre of the project site is developed. 3.2 PLANTS A total of 109 plant species were observed within the project site (Appendix A). H~--------------- Biological Technical Report for the Aura Circle Project I PLH-011 September 15, 2016 6 ., - - - • ----- -.. .. -... -.. -.. -.. -.. -.. ----- • - • - -- - - 3.3 ANIMALS Thirty-seven animal species were observed or detected within the study area during surveys and include 4 invertebrate (butterfly) species, 2 reptile species, 29 bird species, and 2 mammal species (Appendix B). 4.0 SENSITIVE RESOURCES This section discusses any sensitive vegetation and special status plants or animals that were observed or detected on the project site. The Carlsbad HMP has a list of covered species occurring or potentially occurring within the boundaries of the HMP area. Also, the North County Multiple Habitat Conservation Project (MHCP; AMEC 2003) has identified a group of priority animal species, which includes those listed or proposed for listing at the state or federal levels or that were designated as Natural Community Conservation Program (NCCP) target species. 4.1 SENSITIVE VEGETATION COMMUNITIES Sensitive habitats are those which are considered rare within the region, are considered sensitive by the CDFW, are listed as sensitive under the Carlsbad HMP, are targeted for conservation under the state's NCCP Program, or support special status plants or animals. Diegan coastal sage scrub, native grassland, and non-native grassland are considered sensitive vegetation communities. 4.2 SPECIAL STATUS PLANT SPECIES No federal or state listed threatened or endangered plant species were observed within the project site. Two special status plant species have been found within the project site: small-flower bindweed (Convolvulus simulans) and ashy spike-moss (Selaginella cinerascens). Listing or special status ranking in the species accounts below include federal/state, followed by CNPS • and then MHCP/HMP coverage, if applicable. An explanation of listing or sensitivity codes can be found in Appendix E. Small-flowered morning-glory (Convolvulus simulans) Listing: --/--; CNPS List 4.2 Distribution: Scattered locations from the foothills to the coast in southern California and Baja California, Mexico. Species rare in southern California. Habitat: Coastal clay areas in openings of chaparral, sage scrub, and grasslands Status on site: Approximately 3,100 plants were observed within the northern and eastern portions of the site, primarily within disturbed habitat (Figure 6). Ashy spike-moss (Se/aginella cinerascens) Listing: --/--; CNPS List 4.1 Distribution: Orange and San Diego counties; northwestern Baja California, Mexico Habitat: Flat mesas in coastal sage scrub and chaparral. A good indicator of lack of site degradation, as it rarely inhabits disturbed soils. H§_g ______________ _ Biological Technical Report for the Aura Circle Project I PLH-011 September 15, 2016 Status on site: Found in four locations within disturbed Diegan coastal sage scrub within the northern portion of the site (Figure 6). 4.3 SPECIAL STATUS ANIMAL SPECIES Suitable habitat for Hermes copper was not found within the project site. The species' larval host plant, spiny redberry, was not detected within the project site during surveys. One federally listed species have been observed or detected within the study area: coastal California gnatcatcher. One additional special status animal species, Cooper's hawk (Accipiter cooperii) was also observed or detected within the project site. A brief description of each special status animal species observed or detected within the project site is provided below. Listing or special status ranking in the species accounts below includes federal/state followed by MHCP/HMP coverage, if applicable. An explanation of listing or sensitivity codes can be found in Appendix E. Coastal California gnatcatcher (Polioptila californica californica) Listing or Sensitivity: FT/SSC; MHCP/HMP Covered Distribution: Historically occurred south of the Transverse Ranges and west of the Peninsular Ranges, rarely north into Ventura County. Southern Los Angeles, Orange, western Riverside, and San Diego counties south into Baja Habitat(s): Diegan coastal sage scrub and other similar open scrub habitats in coastal areas, with most populations occurring below 1,500 feet in elevation. Status on site: Two pairs of gnatcatchers were observed within the project site during focused surveys for the species (HELIX 2016; Appendix F). One pair was observed nesting building along the northern slope and second pair was observed foraging along the southern slope (Figure 6). Cooper's hawk (Accipiter cooperil) Status: BCC/SSC: MHCP/HMP Covered Distribution: Occurs year-round throughout the County's coastal slope where stands of trees are present Habitat(s): Oak groves, mature riparian woodlands, and eucalyptus stands or other mature forests. Status on site: A single Cooper's hawk was observed flying over western portion of the site (Figure 6). The project site lacks suitable nesting habitat for the species and most likely provides foraging habitat. 4.4 SPECIAL STATUS SPECIES WITH POTENTIAL TO OCCUR Special status plant and animal species that have potential to occur on the project site are listed in Appendices C and D, respectively. Appendix E includes status and sensitivity explanations and codes for plants and animals. 4.5 WILDLIFE CORRIDORS Wildlife corridors connect otherwise isolated pieces of habitat and allow movement or dispersal of plants and animals. Local wildlife corridors allow access to resources such as food, water, and shelter within the framework of their daily routine. For example, animals can use these corridors HELIX Enl'irotl-l'fanllk!Q-------------------------------- Biologica/ Technical Report for the Aura Circle Project I PLH-01/ September 15, 2016 8 -• - - - - ----- - -- ------ - ----.. -.. ---.. -----.. - .. --- • • ------- - - to travel between their riparian breeding habitats and their upland burrowing habitats. Regional corridors provide these functions over a larger scale and link two or more large habitat areas, allowing the dispersal of organisms and the consequent mixing of genes between populations. A corridor is a specific route that is used for the movement and migration of species, and may be different from a linkage in that it represents a smaller or narrower avenue for movement. A linkage is an area of land that supports or contributes to the long-term movement of animals and genetic exchange by providing live-in habitat that connects to other habitat areas. Many linkages occur as stepping-stone linkages that are comprised of a fragmented archipelago arrangement of habitat over a linear distance. Important corridors and linkages have been identified on a local and regional scale throughout the MHCP and Multiple Species Conservation Program (MSCP) planning areas in San Diego County. The planning objectives of most corridors and linkages in coastal San Diego County include establishing a connection between the northern and southern regional populations of the coastal California gnatcatcher, in addition to facilitating movement and connectivity of habitat for large mammals and riparian bird species. As part of the MHCP, the Carlsbad HMP includes an assemblage of HMP Cores, Linkages, and Special Resource Areas (SRA), with objectives to establish a network of habitat for the conservation of wildlife movement functions, primarily for birds and mammals. The project site is not is not part of a wildlife corridor area connected with other significant open space areas in the City as evidenced by the development on all sides of the property. In addition, the property is not part of the Core and Linkage Area in the Carlsbad HMP. 5.0 REGIONAL AND REGULATORY CONTEXT Biological resources within the project site are subject to regulatory administration by the federal government, State of California, and City. 5.1 FEDERAL 5.1.1 Endangered Species Act Administered by the USFWS, the federal Endangered Species Act (ESA) provides the legal framework for the listing and protection of species that are identified as being endangered or threatened with extinction. Actions that jeopardize such species and their habitats are considered a "take" under the federal ESA. No federally listed animal species were observed on site. Sections 7 and 10(a) of the federal ESA regulate actions that could harm or harass endangered or threatened species. Section 1 O(a) allows issuance of permits for "incidental" take of endangered or threatened species. The term "incidental" applies if the taking of the listed species is secondary to, and not the purpose of, an otherwise lav-.ful activity. A conservation plan demonstrating how the take will be minimized and what steps taken would ensure the listed species' survival must be submitted for the issuance of Section lO(a) permits. Section 7 describes a process of federal interagency consultation for use when federal actions may adversely affect listed species. A biological assessment is required for any major activity if it may affect listed Hf1J!,_ _____________ _ Biological Technical Report for the Aura Circle Project I PLH-011 September 15, 2016 9 species. The Carlsbad HMP has been formally approved, which provides take authorization under Section I0(a). 5.1.2 Migratory Bird Treaty Act All migratory bird species that are native to the United States or its territories are protected under the federal Migratory Bird Treaty Act (MBTA) as amended under the Migratory Bird Treaty Reform Act (MBTRA) of 2004 (FR Doc. 05-5127). The MBTA specifically prohibits the take of birds or bird nests. "Take" is defined in 50 CFR 10.12 as means to pursue or attempt to pursue to hunt shoot, wound, kill, trap, capture, or collect. Only "collect" applies to nests (USFWS 2003). In common practice, USFWS places restrictions on disturbances allowed near active nests of raptors, such as red-tailed hawks and burrowing owls. 5.1.3 Coastal Zone Management Act of 1972 The Coastal Zone Management Act (CZMA) creates a broad program for the management of coastal lands based on land development control. It was enacted to encourage the participation and cooperation of state, local, regional, and federal agencies and governments having programs affecting the coastal zone. The CZMA allows state involvement through the development of Coastal Zone Management Plans (CZMP) for comprehensive management at the state level. The CZMPs define permissible land and water use within the state coastal zone. This coastal zone extends 3 miles seaward and inland as far as necessary to protect the coast. The CZMA also requires federal agencies or licensees to carry out their activities in such a way that they conform to the maximum extent practicable with a state's coastal zone management program. The California Coastal Act is California's coastal zone management program under the CZMA. This program is discussed below. The site falls within the Coastal Zone. 5.2 STA TE OF CALIFORNIA S.2.1 California Environmental Quality Act Primary environmental legislation in California is provided by the CEQA and its implementing guidelines (State CEQA Guidelines), requiring that projects with potential adverse effects or impacts on the environment undergo environmental review. Adverse impacts to the environment are typically mitigated as a result of the environmental review process in accordance with existing laws and regulations. 5.2.2 California Endangered Species Act The California ESA (CESA) declares that deserving plant or animal species will be given protection by the state because they are of ecological, educational, historical, recreational, aesthetic, economic, and scientific value to the people of the state. CESA establishes that it is state policy to conserve, protect, restore, and enhance endangered species and their habitats. Under state law, plant and animal species may be formally designated as rare, threatened, or endangered through official listing by the California Fish and Game Commission. Listed species are given greater attention during the land use planning process by local governments, public agencies. and landowners than are species that have not been listed. Hfi!J,_,, _____________ _ Biological Technical Report for the Aura Circle Project I PLH-011 September 15, 2016 10 ----------- -- --- -- --------- -- - - -- ... ... -... -... -... ---- ------------- CESA authorizes that "[p ]rivate entities may take plant or wildlife species listed as endangered or threatened under FESA and CESA, pursuant to a federal ITP issued in accordance with Section 10 of the FESA, if the CDFW certifies that the ITS or ITP is consistent with CESA (Fish and Grune Code Section 2080.l(a)). Section 2081(b) and (c) of the CESA allows CDFG to issue an ITP for a state-listed threatened and endangered species only if specific criteria are met. These criteria can be found in Title 14 CCR, Sections 783.4(a) and (b). No Section 208l(b) permit may authorize the take of "fully protected" species and "specified birds." If a project is planned in an area where a fully protected species or specified bird occurs, an applicant must design the project to avoid all take; the CDFW cannot provide take authorization under CESA. On private property, endangered plants may also be protected by the Native Plant Protection Act (NPPA) of 1977 . Threatened plants are protected by CESA, and rare plants are protected by the NPPA; however, CESA authorizes that "Private entities may take plant species listed as endangered or threatened W1der the FESA and CESA through a federal ITP issued pursuant to Section 10 of the FESA, if the CDFG certifies that the ITS or ITP is consistent with CESA" In addition, CEQA requires disclosure of any potential impacts on listed species and alternatives or mitigation that would reduce those impacts. The Carlsbad HMP was prepared pursuant to Section 2081 of the CESA and the City was issued an umbrella Section 2081 ITP from the CDFG authorizing take of multiple state listed species . 5.2.3 Native Plant Protection Act The Native Plant Protection Act (NPPA) enacted a process by which plants are listed as rare or endangered. The NPPA regulates collection, transport, and commerce in listed plants. The California ESA followed the NPPA and covers both plants and animals determined to be endangered or threatened with extinction. Plants listed as rare under NPPA were designated rare under the California ESA. 5.2.4 California Fish and Game Code Pursuant to California Fish and Game Code Section 3503, it is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by this code or any regulation made pursuant thereto. Raptors and owls and their active nests are protected by California Fish and Game Code Section 3503.5, which states that it is unlawful to take, possess, or destroy any birds of prey or to take, possess, or destroy the nest or eggs of any such bird unless authorized by the CDFW. The California Fish and Game Code (Sections 1600 et seq.) requires issuance of a Lake and Streambed Alteration Agreement by CDFW for projects affecting riparian and wetland habitats. 5.2.5 California Natural Community Consenation Planning Act of 1991 The NCCP Act is designed to conserve habitat-based natural communities at the ecosystem scale while accommodating compatible land uses in coordination with CESA. CDFW is the principal state agency implementing the NCCP Program. The Act established a process to allow for comprehensive, long-term, regional, multi-species, and habitat-based planning in a manner that satisfies the requirements of the state and FESAs (through a companion regional habitat conservation plan). The NCCP program has provided the framework for innovative efforts by the Hfil~--------------- a;oIogicaI Technical Report for the Aura Circle Project I PLH--011 September 15, 2016 ii state, local governments, and private interests, to plan for the protection of regional biodiversity and the ecosystems upon which they depend. NCCPs seek to ensure the long-term conservation of multiple species, while allowing for compatible and appropriate economic activity to proceed. The Carlsbad HMP was prepared as part of the MHCP subregional planning pursuant to the NCCP Act. 5.2.6 California Coastal Act of 1976 The California Coastal Act (CCA) provides for the protection of environmentally sensitive habitat identified by the CDFW from adjacent developments in the coastal zone. The CCA is California's coastal zone management program under the CZMA, discussed above. The CCA establishes the California Coastal Commission (CCC) as having jurisdiction over California's coastal zone. The CCA identifies environmentally sensitive habitat areas as any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. Compliance with requirements in the CCA is ensured for specific development projects in the coastal zone through issuance of a Coastal Development Permit (CDP). In most incorporated areas within the coastal zone, compliance with the Coastal Act is regulated by local government through the implementation of a certified Local Coastal Program (LCP). The local government typically issues CDPs, unless a project is located within a deferred certification area, such as the Agua Hedionda Lagoon segment of the Carlsbad LCP. CDPs are issued by the CCC in deferred certification areas of the certified LCP. The City implements their approved Carlsbad LCP in regulating developments within the coastal zone according to the CRPOZ Ordinance, as discussed below. CDPs issued by the City are appealable to the CCC only if they are located within an appeals area. 5.3 NORTH COUNTY MULTIPLE HABITAT CONSERY ATION PLAN/CARLSBAD HABITAT MANAGEMENT PLAN One of the primary objectives of large-scale subregional planning efforts such as the North County MHCP (and the subarea Carlsbad HMP) is to maintain a preserve system that allows animals and plants to maintain their existence at both local and regional levels. This preserve system is a network composed of core biological resource areas (large blocks of habitat) and linkages/wildlife corridors. The Carlsbad HMP is consistent with the goals, standards, and guidelines of the subregional MHCP and also provides mitigation options that satisfy the federal and state ESAs. A habitat evaluation model was created for qualifying the lands within the Carlsbad HMP. Qualitative values were assigned to habitats according to a number of parameters including wildlife, vegetation, and biogeography. Using this information, the Carlsbad HMP has identified core biological resource areas that are large blocks of native habitats having the ability to support diverse plant and animal life. Linkages also provide movement between the core areas. These linkages usually occur in river valleys or along stream courses, but they can also cross hillsides. The system of evaluating habitats can be used to prioritize which sites have the highest biological value. HELIX , __ , _____________________________ _ Biological T echnica/ Report for the Aura Circle Project I PLH-011 September 15, 2016 12 - - - - --- --------------------- -.. -.. -.. -.. ---.. - ---.. -------------- ---- In the context of the Carlsbad HMP, the Aura Circle property is located within LFMZ 1. The site is located outside of the Carlsbad HMP's designated Cores, Linkages, and Special Resource Areas but is identified as a Proposed Hardline Conservation Area (Figure 7) to be part of the HMP Preserve . 5.3.1 Zone Level Recommendations Within LFMZ 1, the Carlsbad HMP requires that fire management plans are prepared and implemented in order to minimize the removal of conserved habitats to the extent feasible, given safety concerns. It is suggested that fencing and signs are to be used as necessary to minimize human intrusion in or near nesting, loafing, or roosting areas for Carlsbad HMP species, such as pelicans, terns, and rails. None of these species occurs on site . 5.3.2 Proposed Hardline Consenration Areas The Carlsbad HMP defines the site as a Proposed Hardline Conservation Area. As such, all development shall be clustered in the southern half of the property, and grading shall be kept entirely off the largest area of Diegan coastal sage scrub in the north part of the site. Existing disturbed areas that are not identified for development on the hardline map shall be used for on-site mitigation through restoration/re-creation of Diegan coastal sage scrub. Post-development habitat area and open space shall be placed into the HMP Preserve. A 20-foot wide buffer is required between all preserved habitat areas (i.e., Diegan coastal sage scrub) and development (City 2004). The project provides that buffer by keeping all fuel modification areas at least 20 feet away from the preserve. Buffer areas that do not contain native habitat shall be landscaped using native plants. Signage and physical barriers such as walls or fences shall be required to minimize edge effects of the development. 5.3.3 Coastal Zone Standards Additional conservation standards are to be applied to properties in the Coastal Zone. For the subject property, these include: Environmentally sensitive areas as defined in Section 30107.5 of the Coastal Act shall be protected against any significant disruption of habitat values. and only uses dependent on those resources shall be allowed in those areas. "Environmentally sensitive areas" are any areas in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by hwnan activities and developments. The project would preserve 65.7 percent of the Diegan coastal sage scrub on site and would create an additional 5.19 acres of Diegan coastal sage scrub in currently disturbed habitat. All of this habitat must be placed into the HMP Preserve. There shall be conservation of 65. 7 percent of the Diegan coastal sage scrub on site. Although the project impacts 2.1 acres (35 percent) of the 6.0 acres of coastal sage scrub on site, the project would create 5.19 acres of coastal sage scrub on site that (a mitigation ratio of approximately 2.5:1), in addition to the remaining 3.94 acres of coastal sage scrub preserved on site, equals 9.13 acres of coastal sage scrub preserved on site post-project. Hfl~--------------- Biologica/ Technical Report for the Aura Circle Project I PLH-01/ September 15, 2016 13 There shall be no net loss of Diegan coastal sage scrub. The project would impact 2.1 acres of coastal sage scrub on site but would create 5.19 acres of coastal sage scrub on site, a mitigation ratio of approximately 2.5: 1, for a net increase of 3.08 acres. Mitigation for impacts to Diegan coastal sage scrub, when permitted, shall include a creation component that achieves the no net loss standard. The project would create a net increase of 3.09 acres of Diegan coastal sage scrub on site. 5.3.4 Special Conditions for Covered Species Special conditions may apply to those covered species classified as narrow endemics. In the Carlsbad HMP, narrow endemic species are defined as those with, "restricted geographic distributions, soil affinities and/or habitats, and or for purposes of the Carlsbad HMP, species that in addition have important populations within the plan area, such that substantial loss of these populations or their habitat with the Carlsbad HMP area might jeopardize the continued existence or recovery of that species." No narrow endemic species were observed on site. The coastal California gnatcatcher is a covered species under the Carlsbad HMP; as such, it is recommended that all projects adhere to the following management measures: (1) manage preserve areas to minimize edge effects, control cowbirds and predators, prevent livestock overgrazing, and restrict human disturbance; (2) prepare and implement a fire management program for preserve areas as part of a detailed management plan; and (3) where opportunities arise, enhance and restore coastal sage scrub within preserve areas, with priority given to the creation of gnatcatcher breeding opportm1ities within constrained linkages. Cooper's hawk is also a covered species under the Carlsbad HMP; as such, it is recommended that all projects adhere to the following management measures: (1) manage preserve areas to minimize disturbances in breeding habitat, restrict removal of oak trees and riparian vegetation, restrict building of trails or roads immediately adjacent to or through breeding areas, and restrict introduction of pesticides or other contaminants; (2) to the extent practicable, design project to maintain appropriate distances between development and nest sites; (3) protect documented nest sites during breeding season; and ( 4) where appropriate, enhance oak and riparian woodland habitats. 6.0 IMPACTS The following section describes potential direct and indirect impacts associated with the proposed Aura Circle project. Direct impacts are described based on the grading limits and associated brush management limits (Figure 7). Indirect impacts include project impacts such as noise and lighting that do not directly remove vegetation and sensitive resources, but may indirectly affect the long-term viability of sensitive species on site. The magnitude of an indirect impact can be the same as a direct impact; however, the effect usually takes a longer time to become apparent. HELIX _,.,,,,., _____________________________ _ Biological T echnica/ Report for the Aura Circle Project I PLH-011 September 15. 2016 14 --- - ---... ---- - - - - - ------------ 6.l DIRECT IMP ACTS 6.1.l Vegetation Communities Vegetation communities that would be impacted following implementation of the proposed project include Diegan coastal sage scrub (2.1 acres), disturbed habitat (2.4 acres), non-native vegetation (1.0 acre), and developed (0.1 acre). All proposed impacts to vegetation communities are considered to be permanent. No temporary impacts are proposed. Project impacts are shown in Table 3 and depicted on Figure 6. Table3 IMPACTS TO VEGETATION COMMUNITIES (acres) Remaining Vegetation Community Existing Impacts After I moacts Habitat Grouo B* Native grassland 0.05 0.0 0.05 Habitat Grouo C Diegan coastal sage scrub 6.0 2.1 3.9 (including disturbed) Habitat Grouo E Non-native grassland 0.02 0.0 0.02 Habitat Grouo F Disturbed habitat 6.4 2.4 4.0 Other Non-Native Vegetation 1.7 1.0 0.7 Developed 0.9 0.1 0.8 TOTAL 15.06 5.6 9.46 *Habitat Groups refer to the Carlsbad I-IMP habitat classification system Impacts to 2.1 acres of Diegan coastal sage scrub (including disturbed) would be considered significant and would require mitigation. The Diegan coastal sage scrub is currently occupied by the coastal California gnatcatcher. Impacts to disturbed habitat and ornamental/non-native vegetation would be less than significant due to the fact these are non-native habitat types and have been demonstrated not to support any sensitive biological resources within the proposed impact area. However, impacts to disturbed habitat and ornamental/non-native vegetation would require preservation of equivalent or superior habitat onsite or payment of a Habitat Development Fee to the City in order to demonstrate consistency with the Carlsbad HMP and project compliance with City policy. 6.1.2 Plant Species The proposed development of the Aura Circle property would not impact any special status plant species (Figure 7). HELIX &r,lronmen~l'lannlng ------------------------------- Biological Technical Report for the Aura Circle Project I PLH-01/ September 15, 2016 15 6.1.3 Animal Species The proposed activities on the project site would directly impact the coastal California gnatcatcher through removal of occupied habitat. This impact is considered significant. 6.1.4 Nestine; Birds Potential direct impacts to bird species covered under the MBTA could occur if brushing and grading occurs during the breeding season of most bird species (general breeding season 1s February 15 through August 31 ). These impacts are considered potentially significant. 6.1.5 Regional Context/Wildlife Corridors The project site is not is not part of a wildlife corridor area connected with other significant open space areas in the City as evidenced by the development on all sides of the property. In addition, the property is not part of the Core and Linkage Area in the City's HMP. As such, no impacts to wildlife corridors would occur as part of the project. 6.2 INDIRECT IMPACTS The proposed project is adjacent to a Proposed Hardline Conservation Area (i.e., the HMP Preserve). In order to prevent negative effects of the proposed development on the HMP Preserve, certain adjacency standards must be considered. Potential indirect impacts that could result from the proposed project include those associated with temporary construction activities and edge effects from the placement of permanent developments in the vicinity of areas supporting sensitive habitat. Potential indirect impacts of the proposed project could include those associated with noise, fire management, erosion control, invasive plant species, night lighting, fencing, and predator and exotic species control, as described in further detail below. 6.2.1 Noise Noise from grading, grubbing, and vehicular traffic would be a temporary impact to local wildlife, including special status bird species with the potential to breed onsite. Noise impacts would be considered significant if special status species, coastal California gnatcatcher or raptor species were displaced and failed to breed. Breeding mammals and birds may temporarily leave the project vicinity during construction activities; however, they would be expected to return afterward once the noise impact has been eliminated because the habitat will remain in place and viable for reoccupation by the displaced species. Noise levels during grading at the grading/open space interface throughout the site would be in excess of 60 dBA LEQ-Such noise impacts to nesting coastal California gnatcatchers or raptor species would be considered significant. 6.2.2 Fire Manae;ement Fire management must provide adequate setbacks for new development from the HMP Preserve. The project provides a 60-foot wide buffer from proposed structures to the HMP Preserve boundary except for Lot 9. Lot 9 would have a 30-foot wide buffer from the edge of the structure to the HMP Preserve, of which 20 feet would be within Zone 3. A solid block or masonry wall would be constructed 10 feet from the lot line clearly demarcating the backyard from the Zone 3 HELIX Emirllnmenlll~-------------------------------- Biologica/ T echnicai Report for the Aura Circle Project I PLH..() 1/ September 15, 2016 16 --- -- ----- - -- -- --------------- boundary. In addition, native, low-fuel plant species would be installed within the 20-foot wide Zone 3 area, and an environmental fence will be located within the Zone 3 area and the preserve so that future HOA maintenance can occur and not disturb the preserve. As such, implementation of fire management requirements would result in a less than significant impact. 6.2.3 Erosion Control Erosion hazards to biological resources in the HMP Preserve on site include loss of vegetative cover from landslides. Therefore, any slopes within or adjacent to the HMP Preserve will require the project to address slope stabilization and surface drainage. Loss of vegetative cover in the HMP Preserve would be a significant impact. 6.2.4 Invasive Plant Species Landscaping is often in direct conflict with biological objectives. Of particular concern are the introduction of non-native, invasive species and the introduction of horticultural regimes (e.g., irrigation) that alter site conditions in the HMP Preserve, resulting in a significant impact. Invasive plants have potential to spread from deYeloped or disturbed areas to adjacent native habitats. Such invasive species can displace native vegetation reducing the diversity of native habitats and potentially increasing flammability, changing ground and surface water levels, and adversely affecting native wildlife. 6.2.5 Night Lighting Night lighting exposes wildlife species to an unnatural light regime and may alter their behavior patterns, causing them to have lower reproductive success, and thus reducing species diversity. All exterior lighting adjacent to preserved habitat shall be limited to low pressure sodium sources of the lowest illumination allowed for human safety, selectively placed, shielded, and directed away from preserved habitat to the maximum extent practicable. Therefore, impacts due to night lighting would be considered less than significant. 6.2.6 Fencing Any fencing that restricts normal wildlife movement, restricts wildlife access to food or water, and/or directs wildlife onto roads would be considered a significant impact. 6.2.7 Predator and Exotic Species Control Exotic species can out-compete native species, and feral and domestic animals can prey on native species. These occurrences in the HMP Preserve would be a significant impact. 7.0 MITIGATION The proposed project would significantly impact natural vegetation communities and species. Mitigation measures would be required to reduce these impacts to below a level of significance. The proposed mitigation measures are consistent with requirements of the Carlsbad HMP and its addenda (City 2004). HELIX -----------------------------------Biological Technical Reporl for the Aura Circle Project I PLH-011 September 15, 2016 17 7.1 DIRECT IMPACTS 7.1.1 Vegetation Communities Impacts to upland vegetation communities in Groups B through E would be mitigated on site in accordance with Table 11 of the Carlsbad HMP. Impacts to Group F commuruties may be mitigated through on-site preservation of existing native habitats or subject to a Habitat Development Fee. Based on the requirements under the Carlsbad HMP, impacts to Diegan coastal sage scrub (including disturbed) require mitigation at a 2:1 ratio because these habitats are considered to be occupied by the coastal California gnatcatcher. Impacts to native grassland require mitigation at a 3: 1 ratio and non-native grassland at a 0.5: 1 ratio. Since disturbed habitat has potential to support a limited number of native plant and animal species, the Carlsbad HMP requires either payment of a Habitat and Development Fee, or onsite preservation of higher quality habitats to mitigate for impacts to these vegetation communities. Non-native vegetation and developed lands are not sensitive vegetation communities and therefore do not require mitigation for impacts. Table 4 MITIGATION SUMMARY FOR IMPACTS TO VEGETATION COMMUNITIES Vegetation Community/Habitat Group Acreae:e Existine: Impact Habitat Group B* Native grassland 0.5 0.00 Habitat Group Ct Diegan coastal sage scrub 6.4 2.1 (including disturbed) -occupied Habitat Group E Non-native grassland 0.2 0.00 Habitat Group F Disturbed habitat 6.4 2.4 Other Non-native vegetation 1.7 1.0 Develooed 0.9 0.1 TOTAL 15.06 5.6 * Habitat Groups refer to the Carlsbad HMP habitat classification system tMaximum avoidance and on-site conservation of Group C habitat is encouraged Miti!!ation Ratio Reouired 3: I 0.00 2:1 4.2 0.5: I 0.00 :I: 0.00 ± 0.00 ± 0.00 --4.2 t Habitat in this group which is not conserved or mitigated (in this case, excluding evel)'thing outside the proposed project footprint) on site shall pay a per acre in lieu mitigation fee in an amount to be determined by the City Council ± Not a sensitive vegetation community; no mitigation required. Impacts to 2.1 acres of occupied Diegan coastal sage scrub shall be mitigated at a minimum ratio of 2: 1, requiring 4.2 acres (Table 4). On-site preservation is not eligible for mitigation credit in the coastal zone, thus mitigation shall be accomplished through on-site creation of 5.19 acres of Diegan coastal sage scrub where disturbed habitat occurs on site (Figure 8). This shall result in an approximate mitigation ratio of 2.5: 1, all of which shall be creation. All of the created Diegan HELIX &Mronmen~l'llnnlng -------------------------------- Bio/ogical Technical Report for the Aura Circle Project I PLH-01/ September 15, 2016 18 -.. -.. ---- • • ----------- ---- - .. -- coastal sage scrub shall be placed into the HMP Preserve if it is not already within the Proposed Hardline Conservation Area (i.e., the HMP Preserve). Per the Carlsbad HMP, impacts to 2.4 acres of disturbed habitat shall be mitigated by the payment of an in lieu mitigation fee subject to the mitigation fee in place at the time of permit issuance. 7.1.2 Special Status Animal Species Consistent with the HMP, impacts to sens1t1ve animal species will be met through on-site preservation of habitats capable of supporting these species. Impacts to the coastal California gnatcatcher would be partly mitigated through the mitigation program for Diegan coastal sage scrub. Impacts to occupied coastal sage scrub require the issuance of an Incidental Take Permit from the City Planner. Additionally, to protect gnatcatcher breeding in the Proposed Hardline Conservation Area (HMP Preserve), the following shall be adhered to: • No clearing, grubbing, grading, or other construction activities shall occur in Diegan coastal sage scrub during the CAGN breeding season (February 15 through August 31 ). If clearing, grubbing, grading, or other construction activities would occur during the gnatcatcher breeding season, a pre-construction survey shall be conducted to determine if this species occurs within the areas impacted by noise. If there are no gnatcatchers nesting (includes nest building or other breeding/nesting behavior) within this area, development shall be allowed to proceed. However, if any gnatcatchers are observed nesting or displaying breeding/nesting behavior within the area, construction shall (1) be postponed until all nesting (or breeding/nesting behavior) has ceased or until after August 3 J; or (2) a temporary noise barrier or berm shall be constructed at an appropriate location within the development footprint (not within the proposed open space) to ensure that noise levels are reduced to below 60 dBA. Alternatively, the use of construction equipment could be scheduled to keep noise levels below 60 dB LEQ in lieu of or in concert with a wall or other noise barrier. Impacts to Cooper's hawk shall be mitigated by the on site creation of 5.19 acres of DCSS and preservation 3.94 acres ofDiegan coastal sage scrub, which provides suitable foraging habitat for the species. Additionally, a preconstruction nesting raptor survey shall be conducted as described in Section 7.2.1. An impact avoidance area of 300 feet will be placed aroW1d any nesting site of Cooper's hawk until any fledglings have left the nest or the nest is no longer active. 7.1.3 Nesting Birds Potential direct impacts to nesting bird species covered under the MBTA will be mitigated by restricting clearing and grading to outside of the general avian breeding season (February 15 through August 31). If vegetation clearing must occur during the avian breeding season, a qualified biologist shall conduct a preconstruction survey for nesting birds no more than 7 days prior to vegetation clearing. If no active nests are found, clearing can proceed. If active nests are found, no clearing may take place within 300 feet of any active nest W1til a qualified biologist determines that the nest is no longer active or has failed. The results of the pre-construction nesting bird survey shall be reported to the City in a brief memo. HfJd1_, _____________ _ Biological Technical Reporl for the Aura Circle Project I PLH--011 September 15, 2016 19 • • 7.2 INDIRECT IMPACTS The proposed mitigation measures are consistent with the adjacency standards of the Carlsbad HMP. .. 7.2.1 Noise If project grading (other than clearing and grubbing of sensitive habitats) is necessary and adjacent to preserved on-site habitat during the general avian breeding season (February 15 through August 31 ), a qualified biologist shall conduct pre-construction surveys in the adjacent habitat for the coastal California gnatcatcher and nesting raptors. The survey shall begin not more than 3 days prior to the beginning of grading activities. The Wildlife Agencies shall be notified if any of these species are observed nesting within 500 feet of proposed grading activities. No activities which would result in noise levels exceeding 60 dBA hourly LEQ within this 500-foot buffer shall be allowed. Background noise shall be excluded from the 60 dBA calculation. If grading activities are not completed prior to the breeding season, and any of these species are present, and noise levels exceed this threshold, noise barriers shall be erected to reduce noise impacts to occupied habitat to below 60 dBA hourly LEQ and/or the activities shall be suspended. Impacts resulting from noise for non-listed species other than raptors are not considered significant, and mitigation is not warranted. 7.2.2 Erosion Control To prevent the loss of vegetative cover in the HMP Preserve, the project shall prohibit bare surface grading for fire control on slopes and ensure that fire control leaves (or replaces) adequate vegetative cover to prevent surface erosion. The project shall also ensure that all areas of habitat creation are adequately stabilized ( e.g., with a binder) after planting to minimize surface erosion. Finally, the project shall ensure that no new surface drainage is directed into the HMP Preserve. Public education regarding fire prevention and safety shall be provided so that both biological and safety goals are met. 7.2.3 Invasive Plant Species No invasive plant species shall be utilized in landscaping plans and no species on the Cal-IPC "Invasive Plant Inventory" list shall be included in erosion control plans. The project shall control irrigation of landscaping adjacent to the HMP Preserve to prevent runoff into it. 7.2,4 Night Lighting Lighting along the roadway shall be from low-pressure sodium illumination sources. Lighting in back yards adjacent to the HMP Preserve shall be of the minimum necessary for safety and security and shall be shielded and directed to shine downward and not into the HMP Preserve. Homeowner lighting restrictions shall be included in covenants, conditions, and restrictions (CC&Rs). Hfil~--------------- Biologica1 Technical Reporl for the Aura Circle Project I PLH-011 September 15, 2016 • • • • • • • • - - • - • - ---- ---.. -----------.. -----.. ------- --- - 7 .2.5 Fencing The project includes 6-foot tubular fencing along the back of each lot and along the opposite side of the cul-de-sac that will help keep people in their yards and on the street, and out of the preserve. The project also includes a 6-foot chain link fence around the perimeter of property that will separate the preserve from adjacent development, and 6-foot fence between the brush management zones to be managed by the HOA and the preserve. The project shall install signs to educate the public about the goals of the HMP Preserve and that prohibit access to it. 7.2.6 Predator and Exotic Species Control The project shall educate homeowners regarding responsible pet ownership (e.g., keeping pets indoors, spaying/neutering pets, not releasing pets into the wild). The project shall fence areas between housing and the adjacent HMP Preserve to keep pets out of it. For exotic species control, the project shall not use any non-native invasive plant species in landscaping adjacent to the HMP Preserve. 7.3 LEVEL OF SIGNIFICANCE AFTER MITIGATION With implementation of the mitigation measures outlined above that are consistent with the HMP (City 2004), the significant impacts to Diegan coastal sage scrub, disturbed habitat, coastal California gnatcatcher, and Cooper's hawk as well as potentially significant indirect impacts, would be rendered less than significant. Hfl-J1,_ _____________ _ Biological Technical Report for the Aura Circle Project I PLH-011 September 15. 2016 21 8.0 LIST OF PREPARERS The following individuals contributed to the fieldwork and/or preparation of this report. Aleksandra Richards M.A., International Relations, University of San Diego, 2010 Amy Mattson B.A., Communications, Emphasis in Print Journalism, California State University Fullerton, 2008 M.S., Marine Biology, Scripps Institution of Oceanography, 1999 B.S., Biology, with a Marine Biology concentration, University of California, Los Angeles, 1994 Benjamin Rosenbaum B.S., Biology, Emphasis in Ecology, San Diego State University, 2009 Erica Harris* Katie Bellon Nicholas Goates Summer Schlageter Talaya Rachels Tom Huffman *Primary report author HELIX B.S., Biology, emphasis in Zoology, San Diego State University, 2009 B.S., Biology, California State Polytechnic University, San Luis Obispo, 2009 Post-grad GIS certificate, University of Denver, 2011 B.A., Sociology, University of Colorado, Boulder, 2009 B.S., Environmental Management and Protection, California Polytechnic State University, San Luis Obispo, 2015 Bachelor of Science, Botany, University of Hawaii at Manoa, 2013 M.P.A., Public Administration, San Diego State University, 1994 Graduate studies in Ecology, San Diego State University, 1981 B.S., Ecology and Evolutionary Biology, University of Arizona, 1978 __ , _____________________________ _ Biological Technical Report for the Aure Circle Project I PLH-011 September 15, 2016 22 • - - - - - ·• - • - - - • ---- -- - -.. -.. -.. -.. - - - - --- - 9.0 REFERENCES AMEC Earth & Environmental, Inc. 2003. Final MHCP Plan. March. URL: http://www. sandag. o rg/?proj ectid=97 &fuseacti on=proj ects.detail American Ornithologists' Union (AOU). 2016. AOU Checklist of North and Middle American Birds (online checklist). URL: http://checklist.aou.org/taxa/ Baker, R.J., L.C. Bradley, R.D. Bradley, J.W. Dragoo, M.D. Engstrom, R.S. Hoffmann, C.A. Jones, F. Reid, D.W. Rice, and C. Jones. 2003. Revised checklist of North American mammals north of Mexico. Occasional Papers of the Museum, Texas Tech University 223. Baldwin, B. G., Goldman, D. H., Keil D. J., Patterson R., Rosatti, T. J. and Wilken, D. H. (eds.). 2012. The Jepson Manual: Vascular Plants of California. Second edition. Berkeley, CA: University of California Press. 1568 pp. California Department of Fish and Wildlife (CDFW). 2016a. Special Vascular Plants, Bryophytes, and Licens List. California Natural Diversity Database. April. URL: https ://rum. df g.ca. gov IF ileHandl er.ashx ?DocwnentlD= 1 093 83 & inline 2016b Special Animal List. California Natural Diversity Database. April. URL: https://rum.dfg.ca.gov/FileHandler.ashx?DocurnentID=l 09406&inline California Native Plant Society (CNPS). 2016. Inventory of Rare and Endangered Plants. -Internet searchable database. URL: http://wv,:w.rareplants.cnps.org/ -City of Carlsbad (City). 2004. Habitat Management Plan for Natural Communities in the City of -Carlsbad. November. County of San Diego (County). 2010. Report Format and Content Requirements Biological -Resources. Fourth Revision. September 15. -- -- -- - Crother, Brian I. 2012. The Scientific and Standard English and French Names of Amphibians and Reptiles of North America North of Mexico, with Comments Regarding Confidence in our Understanding. Seventh Editions. Committee on Standard English and Scientific Names. SSAR Herpetological Circular No. 39. Glassberg, J. 2001. Butterflies through Binoculars. The West. A Field Guide to the Butterflies of Western North America. Oxford University Press. New York. Heath, Fred. 2004. An Introduction to Southern California Butterflies. Mountain Press Publishing Company. Missoula, Montana. HELIX En~l'llmnll------------------------------ Biological Technical Report for the Aura Circle Project I PLH-01/ September 15, 2016 23 HELIX Environmental Planning, Inc. (HELIX). 2016. Coastal California Gnatcatcher (Polioptila californica califhrnica) Survey Report for the Aura Circle Project. April 20. 2007 Aura Circle Biological Technical Report. January 5. Holland R.F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California. Nongame-Heritage Program, State of California, Department of Fish and Game, Sacramento, 156 pp. Oberbauer, T., Kelly, M., and Buegge, J. 2008. Vegetation Communities of San Diego County. Based on "Preliminary Descriptions of the Terrestrial Natural Communities of California," R.F. Holland, 1986. 73 pp. U.S. Fish and Wildlife Service (USFWS). 1997. Coastal California gnatcatcher (Polioptila californica californica) Presence/ Absence Survey Guidelines. HgJJ ______________ _ Biological Technical Report for the Aura Circle Project I PLH-01! September 15, 2016 • • • - - • - • - • • • • ----- • • - ---.. --TAXON -Adoxaceae -Agavaceae -Aizoaceae --Amaranthaceae --Anacardiaceae ►• --Apiaceae --Apocynaceae Araceae -Araliaceae Arecaceae Asparagaceae -Asphodelaceae Asteraceae Appendix A PLANT SPECIES OBSERVED IN 2016 AURA CIRCLE PROJECT SCIENTIFIC NAME Sambucus nigra Chlorogalum parviflorum Yucca aloif<Jlia* Aptenia cordifolia* Carpobrotus edulis* Mesembryanthemum nodiflorum* Amaranthus a/bus* Salsola tragus * Malosma laurina Rhus integrifolia Schinus molle* Schinus terebinthifolius* Apiastrum angustifolium Daucus pusi/lus Foeniculum vulgare* Nerium oleander* Zantedeschia aethiopica* Hedera sp. * Syagrus romanzofjiana Washingtonia robusta* Agave attenuata* Asparagus asparagoides* Aloe maculata* Artemisia californica Baccharis pilularis Centaurea melitensis* Corethrogyne filaginifolia C'ynara cardunculus* Deinandrafi:isciculata Dimorphotheca sp. * Encelia californica Glebionis coronaria* Hazardia squarrosa Hedypnois cretica* Isocoma menziesii Lactuca serriola* Logfia gallica A-I COMMON NAME black elderberry smallflower soap plant aloe yucca dew plant hottentot fig slender leaved iceplant white tumbleweed Russian thistle Laurel swnac lemonade berry Peruvian pepper tree Brazilian pepper tree wild celery American wild carrot fennel oleander Callalily ivy Queen palm Mexican fan palm lion's tail African asparagus fern aloe California sagebrush coyote brush tocalote common sandaster artichoke thistle fascicled tarplant African daisy California encelia crown daisy sav-.1ooth goldenbush crete weed Menzies' goldenbush prickly lettuce narrowleaf cottonrose • Appendix A • PLANT SPECIES OBSERVED IN 2016 AURA CIRCLE PROJECT TAXON SCIENTIFIC NAME COMMON NAME Asteraceae Pseudognaphalium sp. cudweed • Senecio vulgaris* common groundsel Sonchus sp. * sow thistle Stephanomeria virgata rod wirelettuce • Stylocline sp. neststraw • Xanthium strumarium cocklebur • Bignoniaceae Tecoma capensis* cape honeysuckle • Boraginaceae Cryptantha sp. popcorn flower Brassicaceae Brassica nigra* black mustard • Raphanus sativus * wild radish Cactaceae Cylindropuntia prol(fera coastal cholla • Opuntiaficus-indica* Indian-fig • Opuntia littoralis coastal prickly pear Chenopodiaceae Chenopodium cal{/0rnicum California goosefoot Chenopodium murale * nettle leaf goosefoot • Cistaceae Cistus sp. * rockrose • Convolvulaceae Calystegia macrostegia Island morning glory Convulvulus simulanst small flowered morning glory • Crassulaceae Crassula connata pigmy weed • Crassula ovata* jade plant • Cucurbitaceae Marah macrocarpus wild cucumber Euphorbiaceae Croton setigerus dove weed • Euphorbia pep/us* petty spurge Ricinus communh;* castor-bean Fabaceae Acacia longifolia* golden wattle Medicago polymorpha* bur clover Melilotus indicus* annul yellow sweetclover • Geraniaceae Erodium botrys* broad leaf filaree Erodium cicutarium* red stemmed filaree • Iridaceae Si.\yrinchium bellum blue eyed grass Lamiaceae Rosmarinus qfficinalis* • rosemary Salvia mellifera black sage • Stachys sp. hedge nettle Lauraceae Per sea americana * avocado • Liliaceae Calochortus splendens splendid mariposa lily Malvaceae Malva parv(f/.ora* cheeseweed mallow Myrsinaceae Lysimachia arvensis* scarlet pimpernel • A-2 • Appendix A PLANT SPECIES OBSERVED IN 2016 • AURA CIRCLE PROJECT • • TAXON SCIENTIFIC NAME COMMON NAME • Myrtaceae Callistemon cilrinus* crimson bottlebrush -Eucalyptus sp. * eucalyptus Nyctaginaceae Abronia sp. verbena Mirabilis laevis desert wishbone bush .. Onagraceae Epilobium canum California fushia Oxalidaceae Oxalis pes-caprae* Bermuda buttercup Phrymaceae Mimulus aurantiacus sticky monkeyflower • Pinaceae Pinus sp. * pme -Plantaginaceae Antirrhinum nuttallianum Nuttall's snapdragon • Nuttallanthus texanus blue toadflax • Plumbaginaceae Limonium californicum* California sealavender Poaceae Arundo donax * giant reed • Avena sp. * oats Brachypodium distachyon* purple falsebrome -Bro mus diandrus * ripgut grass Bromus hordeaceus * soft chess -Bromus madritensis ssp. rubens* foxtail chess Festuca myuros* rattail grass Festuca perennis* Italian rye grasss Hordeum sp. * barley Melica imperfecta California melic Pennisetum setaceum * fountain grass Stipa lepida foothill needlegrass Stipa pulchra purple needlegrass Polygonaceae Eriogonumfllsciculatum California buckwheat Rosaceae Heteromeles arhut(folia toyon -Rubiaceae Galium aparine common bedstraw -Scrophulariaceae Myoporum laetum * Ngaio tree -Selaginellaceae Selaginella cinerascenst ashy spike moss Solanaceae Nicotiana glauca* tree tobacco ► Solanum nigrum * black nightshade -Strelitziaceae Strelitzia nicolai* bird-of-paradise tree -Themidaceae Dichelostemma capitatum blue dicks Tropaeolaceae Tropaeolum majus* nasturtium Urticaceae Urtica urens* dwarf nettle .. *Non-native species -tSensitive Species ·- A-3 THIS PAGE INTENTIONALLY LEFT BLANK • • • • • • ■ • • ■ • ■ A-4 • • --- •· ---- - TAXON AppendixB ANIMAL SPECIES OBSERVED OR DETECTED AURA CIRCLE PROJECT SCIENTIFIC NAME COMMON NAME INVERTEBRATES Order Family Lepidoptera Nymphalidae Pieridae VERTEBRATES Reptiles Order Family Squamata Phrynosomatidae Birds Order Family Accipitriformes Accipitridae Apodiformes Trochilidae Columbiformes Columbidae Cuculifonnes Cuculidae F alconiformes Falconidae Passeriformes Aegithalidae Bombycillidae Corvidae l\Tymphalis anliopa Vanessa cardui Anthocharis sara sara Pontia sisymbrii Sceloporus occidentalis Uta stansburiana Accipiter cooperiit Buteojamaicensis Buteo lineatus Calypte anna Selmphorus sasint Colurnba livia Zenaida macroura Geococcyx californianus Falco .\parverius Psaltriparus minimus Bombycilla cedrorum Aphelocoma cal{fornica Corvus brachyrhynchos 8-1 mourning cloak painted lady Pacific Sara orangetip spring white western fence lizard common side-blotched lizard Cooper's Hawk Red-tailed Hawk Red-shouldered Hawk Anna's Hummingbird Allen's Hummingbird Rock Pigeon Mourning Dove Greater Roadrunner American Kestrel Bushtit Cedar Waxwing Western Scrub-Jay American Crow AppendixB ANIMAL SPECIES OBSERVED OR DETECTED AURA CIRCLE PROJECT TAXON SCIENTIFIC NAME COMMON NAME Birds (cont.) Order Family Emberizidae Melospiza melodia Song Sparrow Me/ozone crissalis California Towhee • Pipilo maculatus Spotted Towhee Passeriformes Emberizidae Zonotrichia leucophrys White-crowned Sparrow Haemorhous mexicanus House Finch Fringillidae Spinus psaltria Lesser Goldfinch Mimidae Mimus poln~lottos Northern Mockingbird Parulidae Oreothlypis celata Orange-crowned Warbler Setophaga coronata Yellow-rumped Warbler Sylviidae Polioptila cal{fornica Coastal California Gnatcatcher californicat T roglodytidae Thryomanes bewickii Bewick's Wren Troglodytes aedon House Wren • Tyrannidae Sayornis nigricans Black Phoebe Sayornis saya Say's Phoebe Tyrannus vociferans Cassia's Kingbird • Picifonnes Picidae Picoides nuttallii Nuttall's Woodpecker • Mammals Order Family • Lagomorpha Leporidae Sylvilagus audubonii desert cottontail • Rodentia Sciuridae Spermophilus beecheyi California ground squirrel tSensitive Species • • B-2 Appendix C SPECIAL STATUS PLANT SPECIES WITH POTENTIAL TO OCCUR AURA CffiCLE PROJECT COMMONNAME SPECIES NAME STATUS HABIT, ECOLOGY AND POTENTIAL TO OCCUR LIFE IDSTORY Ashy spike-moss Selaginella cinerascens --/--Occurs on flat mesas in coastal sage Present. Species found in CRPR4.l scrub and chaparral. A good indicator disturbed Diegan coastal sage of site degradation, as it rarely inhabits scrub within the northern disturbed soils. oortion of the site. Blochman's dudleya Dudleya blochmaniae ssp. --/--Occurs in coastaJ bluff and coastal sage Low. Suitable habitat occurs blochmaniae CRPR 18.1 scrub, and grasslands. Found on rocky, on the site. Species would MHCPNE often clay or serpentine soils. Range have been observed if Carlsbad NE extends from central Californ ia counties present. into northwestern Baia. California adder's-tongue Ophioglossum lusitanicum --/--Occurs in chaparral, grasslands, and Low. Limited suitable ssp. californicum CRPR4.2 vernal pools. Range extends from grassland habitat present on northern California counties into the site. northwestern Baja. California adolphia Adolphia californica --/--Typically found on clay soils in dry Low. Suitable habitat occurs CRPR2B.l canyons and washes in coastal sage on the site. Species would scrub and chaparral. Occurs below have been observed if 1,000 feet in elevation in western San present. Diego County and northwestern Baja. Cliff spurge Euphorbia misera --/--Occurs on sea bluffs in maritime sage Low. Suitable habitat does CRPR 2B.2 scrub from Corona Del Mar to Baja not occur on site. MHCP/HMP California, Mexico. Covered Del Mar Mesa sand aster Corethrogyne filaginifolia --/--Coastal chaparral primarily in sandy Low. Species was not var. linifolia CRPR IB.l openings between chamise is typical detected during the 2016 rare MHCPNE m icrohabitat. plant surveys. Carlsbad NE C-1 Appendix C SPECIAL STATUS PLANT SPECIES WITH POTENTIAL TO OCCUR AURA CIRCLE PROJECT COMMON NAME SPECIES NAME STATUS HABIT, ECOLOGY AND POTENTIAL TO OCCUR LIFE HISTORY Orcutt brodiaea Brodiaea orcuttii --/--Small bulbiferous herb. Occurs only on Low. Vernal pool habitat CRPR 18.1 clay soils in vernally moist does not occur on the site. environments, usually near vernal pools but occasionally near streams. Elevation range 0-1 S00m. Orcutt's spinetlower Chorizanthe orcuttiana FE/SE Occurs in closed cone coniferous forest, Moderate. Suitable habitat CRPR IB.l maritime chaparral, and coastal scrub. occurs on the site. Species MHCPNE Known from only three occurrences in would have been observed if Carlsbad NE Encinitas and Point Loma. present. Palmer's grapplinghook Hmpagonella palmeri --/--Occurs in chaparral, coastal sage scrub, Moderate. Suitable habitat CRPR4.2 and grasslands on clay soils. Range occurs on the site. Species includes southern California from Los would have been observed if Angeles County southward, Arizona, present. and northern Baja. Robinson's pepper-grass Lepidium virginicum var. --/--This annual herb grows in openings in Moderate. Suitable habitat robinsonii CRPR4.3 chaparral and sage scrub at the coastal occurs on the site. Species and foothill elevations. Typically would have been observed if observed in relatively dry, exposed present. locales rather than beneath a shrub canoov or along creeks. San Diego ambrosia Ambrosia pumila FE/--Small rhizomatous herb. Occurs in Low. Soils and habitat on the CRPR lB.l grasslands, valley bottoms and dry site are suitable; however, MHCPNE drainages, also can occur on slopes, this species is very rare and Carlsbad NE disturbed places, and in coastal sage known from fewer than 20 scrub or chaparral. May occur in vernal locations. pools supported by sandy loam or clay and at alkaline sites. Elevation range 200-600m. ft. C-2 Appendix C SPECIAL STATUS PLANT SPECIES WITH POTENTIAL TO OCCUR AURA CIRCLE PROJECT COMMONNAME SPECIES NAME STATUS HABIT, ECOLOGY AND POTENTIAL TO OCCUR LIFE IDSTORY Small-flowered morning-Convolvulus simulans --!--Found in coastal clay areas in openings Present. Species in several glory CRPR4.2 of chaparral, sage scrub, and grasslands locations in northern and Scattered locations from the foothills to eastern portions of the site. the coast in southern California and Approximately 3, I 05 Baja California, Mexico. individuals observed. Sticky dudlyea Dudlyea viscida --/--Occurs in coastal sage scrub and Low. Suitable habitat on site CRPR IB.2 chaparral of bluffs and rocky cliffs. is limited. Species would Range includes southern Orange have been observed if ·county to central San Diego County. present. Thread-leaved brodiaea Brodiaea Ji lifo/ia FT/SE Occurs in coastal sage scrub, Low. Suitable habitat on site CRPR 18.1 cismontane woodlands, grasslands, and is limited. Would have been MHCPNE vernal pools with clay soils. \ observed if present. Carlsbad NE Variegated dudleya Dudleya variegata --/--Small perennial herb. Occurs on clay Low. Suitable habitat occurs CRPR IB.2 soils near vernal pools, and on on the site. Species would MHCPNE metavolcanic rocky soils in open coastal have been observed if sage scrub, chaparral, and grasslands. present. Elevation range 0-1 000m. C-4 Appendix D SPECIAL STATUS ANIMAL SPECIES WITH POTENTIAL TO OCCUR AURA CIRCLE PROJECT COMMONNAME SPECIES NAME STATUS HABIT AT ASSOCIATIONS POTENTIAL TO OCCUR Insects Hennes copper Lycaena hermes FC/--Inhabits southern mixed chaparral and Low. Host plant was not Carlsbad NE coastal sage scrub in more inland observed during surveys areas with mature specimens of its conducted in 20 I 6. larval host plant, spiny redberry (Rhamnus crocea). Quino checkerspot Euphydryas edi1ha FE/--Primary larval host plants in San Low. Larval host plants were butterfly quino Diego are dwarf plantain (Plantago not observed on site. Not erecta) at lower elevations, woolly expected to occur on site and plantain (P. patagonica) and white is outside the required survey snapdragon (Antirrhinum area. coulterianum) at higher elevations. Owl's clover (Castilleja exserta) is considered a secondary host plant if primary host plants have senesced. Potential habitat includes vegetation communities with areas of low- growing and sparse vegetation. These habitats include open stands of sage scrub and chaparral, adjacent open meadows, old foot trails and dirt roads. D-1 Appendix D SPECIAL STATUS ANIMAL SPECIES WITH POTENTIAL TO OCCUR AURA CIRCLE PROJECT COMMON NAME SPECIES NAME STATUS HABITAT ASSOCIATIONS POTENTIAL TO OCCUR Reptiles and Amphibians Coast patch-nosed snake Salvadora hexalepis --/SSC Primarily found in chaparral but also Moderate. Suitable coastal virgultea inhabits coastal sage scrub and areas sage scrub habitat occurs on of grassland mixed with scrub. the site. Orange-throated whiptail A~pidoscelis --/SSC Occurs in coastal scrub, chaparral, Moderate. Suitable coastal hyperythra MHCP/HMP and valley and foothill hardwood sage scrub habitat occurs on [ Cnemidophorus Covered habitats. Prefers washes and sandy the site. Favored food hyperythrus] areas with patches of brush and rocks. (termites [Reticu/itermes sp.]) Perennial plants required to support not observed but likely its primary prey termites. present. Red diamond rattlesnake Crota/us ruber --/SSC Found in chaparral, coastal sage Moderate. Suitable habitat scrub, along creek banks, particularly occurs on-site but no rock among rock outcrops or piles of outcrops were observed debris with a supply of burrowing during surveys. rodents for prey. San Diego horned lizard Phrynosoma --/SSC Occurs in coastal sage scrub and Moderate. Suitable coastal coronatum blainvillei chaparral in arid and semiarid cl imate sage scrub habitat occurs on conditions. the site. Favored food source (harvester ants [Pogonomyrmex sp.]) not observed but may be present nearbv. D-2 AppendixD SPECIAL STATUS ANIMAL SPECIES WITH POTENTIAL TO OCCUR AURA CIRCLE PROJECT COMMONNAME SPECIES NAME STATUS HABIT AT ASSOCIATIONS POTENTIAL TO OCCUR Birds California homed lark Eremophila alpestris --/WL Observed year-round scattered Low. Limited grasslands actia throughout San Diego County observed on the site. Species Occurs in coastal strand, arid may forage on the site. grasslands, and sandy desert floors Coastal cactus Campylorhynchus --/SSC Observed in coastal lowlands of San Low. Limited stands of wren brunneicapillus MHCPNE Diego County within cactus d1ickets. cactus occur on the site. couesi Species would have been detected if present. Coastal California Polioptila californica FT/SSC Found in coastal sage scrub below Present. Two pairs of gnatcatcher californica MHCP/HMP 2,500 ft in southern California. Low, gnatcatchers were detected on Covered coastal sage scrub in arid washes, on the site during surveys mesas and slopes. Not all areas conducted in 2016. classified as coastal sage scrub are occupied. Cooper's hawk Accipiter cooperi --/WL (Nesting) Open, uninterrupted, or Moderate. Suitable nesting MHCP/HMP marginal woodland. Nest sites mainly habitat does not occur o n the Covered found in riparian growths of site. Species has potential to deciduous trees, live oaks. forage within the project site. Northern harrier Circus cyaneus --/SSC (Nesting) Coastal salt and freshwater Low. Suitable nesting habitat marsh. Nests and forages in does not occur on the site. grasslands, from salt grass in desert Species may use the site to sink to mountain cienagas. Nests on forage if found nearby. ground in shrubby vegetation, usually at marsh edge; nest built of a large mound of sticks in wet areas. Southern California Aimophila ruficeps --/WL Found in coastal sage scrub and Low. Suitable habitat occurs Rufous-crowned sparrow canescens HMP Covered sparse mixed chaparral. on the site. Species would have been observed if present. D-3 AppendixD SPECIAL STATUS ANIMAL SPECIES WITH POTENTIAL TO OCCUR AURA CIRCLE PROJECT COMMONNAME SPECIES NAME STATUS HABITAT ASSOCIATIONS POTENTIAL TO OCCUR Birds <cont.) Swainson's hawk Buteo swainsoni --/ST (Nesting) Open grassland. Breeds in Low. Limited grassland grasslands with scattered trees, habitat occurs on the site. juniper-sage flats, riparian areas, This species is not likely to savannahs, and agricultural or ranch nest, but has potential to prope1ties. Requires adjacent suitable forage during migration. foraging areas such as grasslands, or alfalfa or grain fields supporting rodent populations. White-faced ibis Plegadis chihi --/WL (Nesting colony) Nests in freshwater None. Su itable habitat does HMPCovered marshes and forages in shallow not occur on the site. waters and wet, grassv habitats. White-tailed kite Elanus leucurus --/Fully Protected Nesting typically occurs in riparian or Low. Suitable nesting habitat oak woodlands adjacent to grasslands does not occur on the site. where small mammals are hunted. Breeds in the Pacific U.S. Winters to South America as far south as Chile. Mammals California mastiff bat Eumops perotis --/SSC Permanent resident in southern Moderate. May use site for californicus California where chaparral and where foraging, but roosting sites coast live oaks are found. Also occurs likely elsewhere. in arid, rocky areas, cliffs, and canyons. Northwestern San Diego Chaetodipus Jal/ax --/SSC Prefers open, sandy land with weeds. Moderate. Limited suitable oocket mouse fa/lax habitat oresent on the site. San Diego black-tailed Lepus californicus --/SSC Occurs primarily in open habitats Low. Suitable habitat is small jackrabbit bennettii MHCP Covered including coastal sage scrub, and sized and surrounded by chaparral, grasslands, croplands, and residential development. open, disturbed areas if there is at Species would have been least some shrub cover oresent. observed if oresent. D-4 THJS PAGE INTENTIONALLY LEFT BLANK D-6 --- -- -- -- - - - - AppendixE EXPLANATION OF STATUS CODES FOR PLANT AND ANIMAL SPECIES FEDERAL, STATE, AND LOCAL CODES U.S. Fish and Wildlife Service (USFWS) Federally listed endangered Federally listed threatened Federal candidate species FE FT FC BCC Birds of Conservation Concern (discussed in more detail, below) California Department of Fish and Wildlife (CDFW) SE SR ST SSC WL State listed endangered State listed rare State listed threatened State species of special concern Watch List Fully Protected Fully Protected species refer to all vertebrate and invertebrate taxa of concern to the Natural Diversity Data Base regardless of legal or protection status. These species may not be taken or possessed without a pennit from the Fish and Game Commission and/or CDFW. OTHER CODES AND ABBREVIATIONS USFWS Birds of Conservation Concern (BCC) This report from 2002 aims to identify accurately the migratory and non-migratory bird species (beyond those already designated as federally threatened or endangered) that represent USFWS' highest conservation priorities and draw attention to species in need of conservation action. USFWS hopes that by focusing attention on these highest priority species, the report will promote greater study and protection of the habitats and ecological communities upon which these species depend, thereby ensuring the future of healthy avian populations and communities. The report is available online at http://migratorybirds.fws.gov/reports/bcc2002.pdf. MHCP/HMP Covered Species Species listed as MHCP/HMP covered species indicate that these species would receive formal protection and take authorization upon approval of the MHCP/HMP under the state and federal endangered species acts. Narrow Endemic Narrow Endemic is a sensitivity rating given by the MHCP/HMP to indicate "those species considered so restricted in distribution and abundance that substantial loss of their populations or habitat might jeopardize the species' continued existence or recovery." E-1 Appendix E (cont.) EXPLANATION OF STATUS CODES FOR PLANT AND ANIMAL SPECIES Ranks California Native Plant Society (CNPS) Rare Plant Ranks Threat Ranks IA Plants Presumed Extirpated in California and Either Rare or Extinct Elsewhere 1 B Plants Rare, Threatened, or Endangered in California and Elsewhere 2A Plants Presumed Extirpated in California, But Common Elsewhere 2B Plants Rare, Threatened, or Endangered in California, But More Common Elsewhere 3 Plants About Which More Information is Needed 4 Plants of Limited Distribution 0.1 Seriously threatened in California ( over 80 percent of occurrences threatened / high degree and immediacy of threat) 0.2 Moderately threatened in California (20 to 80 percent occurrences threatened I moderate degree and immediacy of threat) 0.3 Not very threatened in California (less than 20 percent of occurrences threatened I low degree and immediacy of threat or no current threats known) A "CA Endemic" entry corresponds to those tax.a that only occur in California. All List IA (presumed extinct in California) and some List 3 (need more infonnation; a review list) plants lacking threat information receive no extension. Tbreat Code guidelines represent only a starting point in threat level assessment. Other factors, such as habitat vulnerability and specificity, distribution, and condition of occurrences, are considered in setting the Threat Code. E-2 • • • • • • • • • ---- - - HELIX Environmental Planning, Inc. 7578 El Cajori Boulevard Suite 200 La Mesa, CA 91942 619.462.1515 te1 619.462.0552 fax www.helixepi.com April 20, 2016 Ms. Stacey Love U.S. Fish and Wildlife Service HELIX Environmental Planning PLH-01 -2177 Salk Ave., Suite 250 Carlsbad, CA 92008 -- - -- ---- - - Subject: 2016 Coastal California Gnatcatcher (Polioptila calffornica califOrnica) Survey Report for the Aura Circle Project Dear Ms. Love: This letter presents the results ofa U.S. Fish and Wildlife Service (USFWS) protocol presence/absence survey of the federally listed as threatened coastal California gnatcatcher (Polioptila californica californica; CAGN) conducted by HELIX Environmental Planning, Inc. (HELIX) for the Aura Circle Project (project). This report describes the methods used to perform the survey and the results. It is being submitted to the USFWS as a condition of HELIX's Threatened and Endangered Species Permit TE778195-12. PROJECT LOCATION The 15.03-acre project site is located south of Tamarack Avenue and west of El Camino Real within the City of Carlsbad (City), San Diego County, California (Figure 1). The project site is further located within the Augua Hedionda land grant of the U.S. Geological Survey 7 .5-minute San Luis Rey quadrangle map (Figure 2). The property lies between residential communities along Kelly Drive to the east and Avila Avenue to the west and is within the City's Habitat Management Program. An aerial photograph of the site is provided as Figure 3. METHODS The survey consisted of three visits that were performed by HELIX biologist Erica Harris (TE778195-l 2) in accordance with the current (1997) USFWS protocol. The surveys were conducted on foot with the aid of binoculars, and the route was arranged to ensure complete survey coverage of all potential gnatcatcher habitat (6.05 acres ofDiegan coastal sage scrub Letter to Ms. Stacey Love April 20, 2016 Page 2 of6 [including disturbed]) on site. Taped gnatcatcher vocalizations were played periodically in an attempt to illicit a response from gnatcatchers. Weather conditions, time of day, and season were appropriate for the detection of gnatcatchers (Table 1 ). Table I GNA TCATCHER SURVEY INFORMATION Approx. Site Sunrey Start/ Acres Start/Stop Biologist(s) Stop Sunreyed/ Visit Date ' Times Acres per Weather Conditions Hour I 2/19/16 Erica Harris 0830/ 6.05 ac/ 72°F, wind, 0-1 mph, 0% cloud cover 1030 3.3 ac/hr 73°F, wind, 2-5 moh, 73% cloud cover 2 2/26/16 Erica Harris 0845/ 6.05 ac/ 61 °F, wind, 0-1 mph, 0% cloud cover Ben Rosenbaum* 1150 2.0 ac/hr 73°F, wind, 2-6 mnh, IO¾ cloud cover Erica Harris 0900/ 6.05 ac/ 66°F, wind, 1-3 mph, 5% cloud cover 3 3/10/16 Ben Rosenbaum* Katie Bellon* 1120 2.4 ac/hr 67°F, wind, 2-5 mph, 40% cloud cover *Supervised individual The surveys were conducted by walking along the edges of, as well as within, suitable CAGN habitat. The survey route was arranged to ensure complete survey coverage of all habitat with potential for occupancy by CAGN. All surveys were conducted with binoculars to aid in bird detection. Recorded CAGN vocalizations were played sparingly and only if other means of detection had failed. If a gnatcatcher was detected before playing recorded vocalizations, the recordings were not played. Once CAGNs were initially detected in an area, use of playback was discontinued. The approximate survey route followed is depicted on Figure 4. VEGETATION COMMUNITIES/LAND USE TYPES A total of six vegetation communities/land use types have been identified within the property: Diegan coastal sage scrub (including disturbed), native grassland, non-native grassland, non-native vegetation, disturbed habitat, and developed land (Figure 4). The vegetation community considered suitable CAGN habitat (Diegan coastal sage scrub) is described first below. Diegan Coastal Sage Scrub (including disturbed) Coastal sage scrub is one of the two major shrub types that occur in southern California, occupying xeric sites characterized by shallow soils (the other is chaparral). Four distinct coastal sage scrub geographical associations (northern, central, Venturan, and Diegan) are recognized along the California coast. Diegan coastal sage scrub may be dominated by a variety of species depending upon soil type, slope, and aspect. Typical species foW1d within Diegan coastal sage scrub include California sagebrush (Artemisia californica), California buckwheat (Eriogonum HELIX • • • • • - • - • • - • • • • • • .. • • • flMrMmental Pfann/ng • -------- ---- ---.. ------ •·· - -- - - Letter to Ms. Stacey Love April 20, 2016 Page 3 of6 fasciculatum ssp.fasciculatum), laurel sumac (Malosma laurina}, and black sage (Salvia mellifera). Disturbed Diegan coastal sage scrub contains many of the same shrub species as undisturbed Diegan coastal sage scrub but is sparser and has a higher proportion of non-native annual species. A total of 6.05 acres of Diegan coastal sage scrub (including disturbed) occurs within the project site. Dominant species include California sagebrush, California sunflower (Encelia cal{fornica), and coast cholla (Cylindropuntia prol!fera). Native Grassland Native grassland is a community dominated by perennial bunchgrasses such as purple needle grass (Stipa pulchra) with annual and perennial forbs such as common golden stars (Bloomeria crocea ssp. crocea) and California blue-eyed grass (Si:-.yrinchium bellum). Native grasslands generally occur on fine-textured soils that exclude the annual, exotic grasses. Almost all of the native grasslands in California have been displaced by non-native grassland dominated by introduced annual species. Native grasslands occur throughout California as small isolated islands. A total of 0.05 acre of native grassland occurs within the project site. The dominant species observed include purple needle grass. Non-native Grassland Non-native grassland typically supports a sparse to dense cover of annual grasses often associated with numerous species of showy-flowered native annual forbs. This association occurs on gradual slopes with deep, fine-textured, usually clay soils. Most of the annual, introduced species that make up the majority of species and biomass within the non-native grassland originated from the Mediterranean region, an area with a long history of agriculture and a climate similar to California. These grasslands are common throughout San Diego County. Typical species observed in this habitat on site include ripgut grass (Bromus diandrus), soft chess (Bromus hordaceus), and barley (Hordeum murinum). A total of 0.02 acre of non-native grassland occurs within the project site. Dominant species include wild oat (Avena spp.). Non-native Vegetation Non-native vegetation is a category describing stands of naturalized trees or shrubs, many of which are also used in ornamental landscaping. On site, this habitat consists of small stands of Peruvian pepper tree (Schinus molle) and golden wattle (Acacia sp.), as well as carpets of hottentot fig (Carpobrotus edulis) and slenderleaficeplant (Mesembryanthemum nodiflorum). HELIX Enllrroomefllll/ f'ta,m•fl!I Letter to Ms. Stacey Love April 20, 2016 Disturbed Habitat Page4of6 Disturbed habitat includes land that has little or no habitat value because it has been cleared of vegetation for agricultural purposes or contains heavily compacted soils following disturbance such as grading. Disturbed habitat on site includes heavily disturbed soils dominated by annual non-native vegetation such as filaree (Erodium spp.), wild-oat, castor bean (Ricinus communis), and mustard (Brassica sp.). Developed Developed land is where permanent structures and/or pavement have been placed, which prevents the growth of vegetation, or where landscaping is clearly tended and maintained. Developed portions of the site consist of a concrete pad and landscaping located along the western and northern boundaries adjacent to existing residential development. RESULTS Two CAGN pairs were observed in separate locations during the protocol survey effort, though not all individuals or pairs were detected during each of the three surveys (Figure 4). A detailed description of CAGN observations and locations is included below. A CAGN pair was observed foraging within the southern portion of the site during the first and third survey. The pair was detected along the southern slope approximately 440 feet north of the project boundary. A single male CAGN was detected within this same area during the second survey and is presumed to be the male associated with the pair observed in the same area. A second CAGN pair was detected in the northern portion of the site during the second and third survey approximately 400 feet north of the southern pair. The pair was observed carrying nesting material and constructing a nest during both the second and third survey. However, the pair abandoned the first nest site and was observed constructing a new nest approximately 80 feet north of the old nest site during the third survey. The nest was located in a California sunflower shrub approximately 2 feet high above the ground. Both individuals were observed carrying nesting material and depositing the material at the nest site. Both individuals made multiple visits to the nest and were observed constructing and fanning the nest. • • • • • • • - - - -- - - Letter to Ms. Stacey Love April 20, 2016 REFERENCES Page 6 of6 Holland, R.F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of • • • - California. State of California, The Resources Agency, 156 pp. • Oberbauer, Thomas. 2008. Terrestrial Vegetation Communities in San Diego County Based on Holland's Descriptions. Revised from 1996 and 2005. July. • U.S. Fish and Wildlife Service. I 997. Coastal California Gnatcatcher (Polioptila californica californica) Presence/ Absence Survey Protocol. Spp. ---- • - • - - - • - • • • • • • • • • • • ------~~: HELIX EITTW011menra1 P!afll!lllO •