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Home My WebLink AboutCT 2022-0003; CARLSBAD BY THE SEA SUMMERHOUSE; BIOLOGICAL RESOURCES TECHNICAL REPORT; 2022-11-01 November 2022 BIOLOGICAL RESOURCES TECHNICAL REPORT CARLSBAD BY THE SEA SUMMERHOUSE PROJECT CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA November 2022 BIOLOGICAL RESOURCES TECHNICAL REPORT CARLSBAD BY THE SEA SUMMERHOUSE PROJECT CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA Prepared for: Front Porch Communities & Services 800 N. Brand Blvd. 19th Floor Glendale, California 91203 Contact: Jeff Sianko Prepared by: LSA 703 Palomar Airport Road, Suite 280 Carlsbad, California 92011 (760) 931‐5471 LSA Project No. FPP2201 BIOLOGICAL RESOURCES TECHNICAL REPORT NOVEMBER 2022 CARLSBAD BY THE SEA SUMMERHOUSE PROJECT CARLSBAD, CALIFORNIA P:\FPP2201 Cbad Summerhouse\Bio\Biological Resources Technical Report.docx (11/02/22) i TABLE OF CONTENTS TABLE OF CONTENTS ............................................................................................................................... i FIGURES AND TABLES ............................................................................................................................ iii LIST OF ABBREVIATIONS AND ACRONYMS ............................................................................................ iv 1.0 SUMMARY OF FINDINGS ..................................................................................... 1 2.0 INTRODUCTION ................................................................................................... 2 2.1 Project Description ............................................................................................................... 2 2.2 Biological Study Area ............................................................................................................ 2 3.0 METHODS ........................................................................................................... 4 3.1 Literature And Database Review .......................................................................................... 4 3.2 General Biological Resources Assessment ........................................................................... 4 4.0 RESULTS AND DISCUSSION .................................................................................. 5 4.1 Vegetation Communities/Land Uses .................................................................................... 5 4.2 Wildlife ................................................................................................................................. 5 4.3 Topography .......................................................................................................................... 5 4.4 Soils ...................................................................................................................................... 5 4.5 Special‐Status Species .......................................................................................................... 5 4.5.1 Special‐Status Plants ............................................................................................................ 14 4.5.2 Special‐Status Wildlife ......................................................................................................... 14 4.6 United States Fish and Wildlife Service Critical Habitat Areas ........................................... 14 4.7 Wildlife Movement Corridors ............................................................................................ 14 4.8 Hardline Preserve ............................................................................................................... 14 4.9 Jurisdictional Aquatic Resources ........................................................................................ 14 5.0 IMPACT DETERMINATIONS ................................................................................ 15 5.1 Project‐Specific Impacts ..................................................................................................... 15 5.1.1 Permanent Impacts ............................................................................................................. 15 5.1.2 Temporary Impacts .............................................................................................................. 15 5.1.3 Direct Impacts ...................................................................................................................... 15 5.1.4 Indirect Impacts ................................................................................................................... 15 5.2 Vegetation Communities ................................................................................................... 15 5.3 Special‐Status Plant Species ............................................................................................... 17 5.4 Special‐Status Wildlife Species ........................................................................................... 17 5.4.1 Special‐Status Wildlife Species ............................................................................................ 17 5.4.2 Nesting Birds ........................................................................................................................ 17 5.5 United States Fish and Wildlife Service Critical Habitat Areas ........................................... 17 5.6 Wildlife Movement Corridors ............................................................................................ 17 6.0 MITIGATION AND HMP COMPLIANCE ................................................................ 18 6.1 Mitigation for Impacts to Vegetation Communities .......................................................... 18 6.1.1 Permanent Impacts ............................................................................................................. 18 6.2 Mitigation for Impacts to Special‐Status Species ............................................................... 18 6.2.1 Special‐Status Plant Species ................................................................................................ 18 BIOLOGICAL RESOURCES TECHNICAL REPORT NOVEMBER 2022 CARLSBAD BY THE SEA SUMMERHOUSE PROJECT CARLSBAD, CALIFORNIA P:\FPP2201 Cbad Summerhouse\Bio\Biological Resources Technical Report.docx (11/02/22) ii 6.2.2 Special‐Status Wildlife Species ............................................................................................ 18 6.2.3 Nesting Birds ........................................................................................................................ 18 6.3 Compliance with HMP Coastal Zone Standards ................................................................. 19 7.0 REFERENCES ...................................................................................................... 21 APPENDIX APPENDIX A: SITE PHOTOGRAPHS BIOLOGICAL RESOURCES TECHNICAL REPORT NOVEMBER 2022 CARLSBAD BY THE SEA SUMMERHOUSE PROJECT CARLSBAD, CALIFORNIA P:\FPP2201 Cbad Summerhouse\Bio\Biological Resources Technical Report.docx (11/02/22) iii FIGURES AND TABLES FIGURES Figure 1: Project Location ....................................................................................................................... 3 Figure 2: Vegetation Map ....................................................................................................................... 6 Figure 3: Vegetation Impacts ............................................................................................................... 16 TABLES Table A: Vegetation Communities/Land Uses within the Biological Study Area (acres) ........................ 5 Table B: Criteria for Evaluating Special‐Status Plant and Wildlife Species Potential for Occurrence .................................................................................................................................... 7 Table C: Special‐Status Plant and Wildlife Species Within 1 Mile of the BSA. ....................................... 7 Table D: Anticipated Impacts by Vegetation Community/Land Use (acres) ........................................ 17 Table E: HMP‐Required Mitigation for Permanent Impacts to Vegetation Communities ................... 18 BIOLOGICAL RESOURCES TECHNICAL REPORT NOVEMBER 2022 CARLSBAD BY THE SEA SUMMERHOUSE PROJECT CARLSBAD, CALIFORNIA P:\FPP2201 Cbad Summerhouse\Bio\Biological Resources Technical Report.docx (11/02/22) iv LIST OF ABBREVIATIONS AND ACRONYMS BSA biological study area City City of Carlsbad ESHA Environmentally Sensitive Habitat Area GIS geographic information system MBTA Migratory Bird Treaty Act project Carlsbad by the Sea Summerhouse Project USFWS United States Fish and Wildlife Service BIOLOGICAL RESOURCES TECHNICAL REPORT NOVEMBER 2022 CARLSBAD BY THE SEA SUMMERHOUSE PROJECT CARLSBAD, CALIFORNIA P:\FPP2201 Cbad Summerhouse\Bio\Biological Resources Technical Report.docx (11/02/22) 1 1.0 SUMMARY OF FINDINGS Front Porch Communities & Services proposes to develop an approximately 40,000‐square‐foot, multilevel care facility (project) that would be operated and used by the adjacent Carlsbad by the Sea Retirement Community. The proposed building would consist of 3 levels totaling 42 professional care licensed beds. Under contract with the Front Porch Communities & Services, LSA conducted a pre‐construction general biological resources assessment on September 29, 2022. LSA surveyed a 0.62‐acre biological study area (BSA). The BSA is a highly disturbed site with large patches of unvegetated bare ground. It is within Local Facilities Management Zone 1 of the Habitat Management Plan (HMP) Area, the Coastal Zone, the South Coast subregion of the Southwestern California region of the California Floristic Province, and the Carlsbad Hydrologic Unit (Carlsbad Watershed). No special‐status plant or wildlife species have a moderate or higher potential to occur within the BSA based on the absence of suitable habitat. No special‐status species were observed/detected during the general biological resources assessment. The project is expected to permanently affect 0.62 acre of disturbed land. Front Porch Communities & Services will mitigate for these permanent impacts by paying a mitigation fee in an amount determined by the City Council. BIOLOGICAL RESOURCES TECHNICAL REPORT NOVEMBER 2022 CARLSBAD BY THE SEA SUMMERHOUSE PROJECT CARLSBAD, CALIFORNIA P:\FPP2201 Cbad Summerhouse\Bio\Biological Resources Technical Report.docx (11/02/22) 2 2.0 INTRODUCTION 2.1 PROJECT DESCRIPTION Front Porch Communities & Services proposes to develop an approximately 40,000‐square‐foot, multilevel care facility operated and used by the adjacent Carlsbad by the Sea Retirement Community. The proposed building would consist of 3 levels: Level 1 (Ocean street grade level) will contain 19 memory care licensed beds, Level 2 (Garfield Street grade level) would contain 16 licensed residential professional care beds within 10 units, and Level 3 (upper level with roof terrace) would contain 7 licensed residential professional care beds within 5 units, totaling 42 professional care licensed beds. 2.2 BIOLOGICAL STUDY AREA The 0.62‐acre BSA consists of a vacant and fenced‐off area composed entirely of disturbed land. The BSA contains patches of bare ground and vegetated patches of upland annual and perennial vegetation. The BSA is at 2740 Ocean Street, Carlsbad, San Diego County, California, and comprises Assessor Parcel Numbers 203‐144‐04, 203‐244‐05, 203‐144‐06, 203‐144‐07, and 203‐144‐08. The BSA is bordered by Beech Ave to the north, Ocean Street to the west, Garfield Street to the east, and the Beach Terrace Inn parking area to the south. Specifically, the BSA is in Section 1, Township 12 South, and Range 5 West, of the United States Geological Survey San Luis Rey, California 7.5‐minute topographic quadrangle maps (Figure 1). The site is subject to the R‐15 (8–15 dwelling units/acre) General Plan Land Use Designation and is Zoned R‐3 with Beach Area Overlay. Appendix A contains site photographs of the BSA. The entire BSA is within the northwestern portion of Local Facilities Management Zone 1 of the HMP Area, the Coastal Zone, the South Coast subregion of the Southwestern California region of the California Floristic Province, and the Carlsbad Hydrologic Unit (Carlsbad Watershed). Service Layer Credits: USGS The NationalMap: National Boundaries Dataset, 3DEPElevation Program, Geographic NamesInformation System, National HydrographyDataset, National Land Cover Database,National Structures Dataset, and NationalTransportation Dataset; USGS GlobalEcosystems; U.S. Census BureauTIGER/Line data; USFS Road Data; NaturalEarth Data; U.S. Department of StateHumanitarian Information Unit; and NOAANational Centers for EnvironmentalInformation, U.S. Coastal Relief Model. Data Project Location SOURCE: USGS The National Map (2018)I:\FPP2201\GIS\MXD\ProjectLocation.mxd (10/27/2022) FIGURE 1 Carlsbad by the Sea SummerhouseProject Location 0 1000 2000 FEET LEGEND Project Location San DiegoCounty ÃÃ78 ÃÃ76 ÃÃ56 ProjectLocation §¨¦15 §¨¦5 §¨¦5 Project Vicinity BIOLOGICAL RESOURCES TECHNICAL REPORT NOVEMBER 2022 CARLSBAD BY THE SEA SUMMERHOUSE PROJECT CARLSBAD, CALIFORNIA P:\FPP2201 Cbad Summerhouse\Bio\Biological Resources Technical Report.docx (11/02/22) 4 3.0 METHODS 3.1 LITERATURE AND DATABASE REVIEW Prior to conducting the general biological resources assessment, LSA reviewed the most recent records of the California Department of Fish and Wildlife’s California Natural Diversity Database (CNDDB 2022) and the California Native Plant Society’s Electronic Inventory of Rare and Endangered Vascular Plants of California (2022) within a 1‐mile radius of the BSA. The CNDDB contains records of reported occurrences of federal‐ and/or State‐listed species, proposed endangered or threatened species, California Species of Special Concern, or otherwise special‐status species or habitats that may occur within or in the vicinity of the BSA. Additionally, LSA reviewed the HMP to identify covered species with potential to occur in the BSA. 3.2 GENERAL BIOLOGICAL RESOURCES ASSESSMENT LSA Associate/Senior Biologist Jaime Morales and Assistant Biologist Eva Newby conducted a general biological resources assessment on September 29, 2022. The assessment included the following elements:  Mapping of habitat types  A directed search for special‐status plant and animal species with potential to occur within the BSA  A general inventory of plant and wildlife species  Evaluation of suitability of habitat for special‐status resources identified during the literature search  Notes on other pertinent features or conditions of the site and adjacent lands LSA recorded a list of all plant species observed within the BSA (discussed in Section 4.1). LSA identified and mapped on an aerial photograph vegetation communities within the BSA. Then, using geographic information system (GIS) software, LSA digitized the mapping and calculated the acreages of vegetation communities occurring within the BSA. Vegetation communities were determined in accordance with the categories described in Holland (1986) and Oberbauer et al. (2008), and the HMP. Plant nomenclature follows that of The Jepson Manual: Higher Plants of California (Hickman 1993). Special‐status plant species with a potential to occur within the BSA are described in Section 4.5. All wildlife observed and wildlife signs detected, including tracks, scat, carcasses, burrows, excavations, and vocalizations, were recorded and listed in Section 4.2. Notes were made on the general habitat types, species observed, and the conditions of the site. Special‐status wildlife species with a potential to occur within the BSA are described in Section 4.5. BIOLOGICAL RESOURCES TECHNICAL REPORT NOVEMBER 2022 CARLSBAD BY THE SEA SUMMERHOUSE PROJECT CARLSBAD, CALIFORNIA P:\FPP2201 Cbad Summerhouse\Bio\Biological Resources Technical Report.docx (11/02/22) 5 4.0 RESULTS AND DISCUSSION 4.1 VEGETATION COMMUNITIES/LAND USES The BSA is composed entirely of disturbed land. This designation applies to areas with soil substrates that have been physically disturbed by human activity. The BSA contains large patches of unvegetated bare ground, patches of dead and live Hottentot fig (Carpobrotus edulis), and multiple small patches of giant reed (Arundo donax). Other dominants include Russian thistle (Salsola tragus), dove weed (Eremocarpus setigerus), and spotted spurge (Chamaesyce 5aculate). Figure 2 displays the vegetation community/land use within the BSA on an aerial photograph. Table A presents the acreage of the vegetation community/land use identified in the BSA. Table A: Vegetation Communities/Land Uses within the Biological Study Area (acres) Vegetation Community/Land Use HMP Habitat Group Total Area Disturbed Land F 0.62 Total 0.62 Source: Compiled by LSA (2022). HMP = Habitat Management Plan 4.2 WILDLIFE The following wildlife species were observed during the brief general biological resources assessment: American crow (Corvus brachyrhynchos), mourning dove (Zenaida macroura), and house finch (Haemorhous mexicanus). The BSA contained numerous Botta’s pocket gopher (Thomomys bottae) burrows, although no individuals were observed during the assessment. 4.3 TOPOGRAPHY The BSA is flat and has an elevation of 51 to 54 feet above mean sea level. 4.4 SOILS The Soil Survey for the San Diego Area, California, Part I (Soil Conservation Service 1973) San Luis Rey, California quadrangle identifies and describes the soil expected to correspond to the BSA as Marina loamy coarse sand, 2 to 9 percent slopes. 4.5 SPECIAL‐STATUS SPECIES Table B lists criteria for evaluating special‐status plant and wildlife species potential for occurrence. Table C lists the special‐status plant and wildlife species with the potential to occur in the BSA and/or the project vicinity (up to 1 mile). Service Layer Credits: BEECH A V E OC E A N S T G A R F I E L D S T SOURCE: Nearmap (4/19/2022)I:\FPP2201\GIS\MXD\Vegetation.mxd (11/1/2022) FIGURE 2 Carlsbad by the Sea SummerhouseVegetation LEGEND Biological Study Area Vegetation Disturbed Land (0.62 acre) 0 25 50 FEET BIOLOGICAL RESOURCES TECHNICAL REPORT NOVEMBER 2022 CARLSBAD BY THE SEA SUMMERHOUSE PROJECT CARLSBAD, CALIFORNIA P:\FPP2201 Cbad Summerhouse\Bio\Biological Resources Technical Report.docx (11/02/22) 7 Table B: Criteria for Evaluating Special‐Status Plant and Wildlife Species Potential for Occurrence Potential for Occurrence Criteria Absent Species is restricted to habitats or environmental conditions that do not occur in the study area. Low Historical records for this species do not exist in the study area, and/or habitats or environmental conditions needed to support the species are of poor quality. Moderate Either a historical record exists of the species in the study area and marginal habitat exists in the proposed work areas or the habitat requirements or environmental conditions associated with the species occur in the proposed work areas, but no historical records exist in the study area. High Both a historical record exists of the species and the habitat requirements and environmental conditions associated with the species occur in the study area. Present Species was detected in or near the study area during project surveys. Table C: Special‐Status Plant and Wildlife Species Within 1 Mile of the BSA. Species Status Habitat and Distribution Activity Period Occurrence Probability Plants Chaenactis glabriuscula var. orcuttiana Orcutt’s pincushion US: – CA: SP CRPR: 1B.1 HMP: – Sandy coastal bluff scrub, coastal dunes. Blooms January through August (annual herb). Absent. Suitable habitat (sandy bluff scrub, coastal dunes) is not present within the biological study area (BSA). This annual herb was not observed during the general biological resources assessment. Euphorbia misera Cliff spurge US: – CA: SP CRPR: 2B.2 HMP: Covered Rocky sites within coastal bluff scrub, coastal sage scrub, and Mojavean desert scrub at 30 to 1,650 feet elevation. Known from the Channel Islands, coastal Orange and San Diego counties, Riverside County deserts, and Baja California. Blooms December through August (perennial shrub). Absent. Suitable habitat (rocky sites within scrub habitat) is not present within the BSA. The nearest known occurrence is more than 1 mile north of BIOLOGICAL RESOURCES TECHNICAL REPORT NOVEMBER 2022 CARLSBAD BY THE SEA SUMMERHOUSE PROJECT CARLSBAD, CALIFORNIA P:\FPP2201 Cbad Summerhouse\Bio\Biological Resources Technical Report.docx (11/02/22) 8 Table C: Special‐Status Plant and Wildlife Species Within 1 Mile of the BSA. Species Status Habitat and Distribution Activity Period Occurrence Probability the BSA. This perennial shrub was not observed during the general biological resources assessment. Leptosyne maritima Sea dhalia US : – CA: SP CRPR: 2B.2 HMP: – Coastal bluff scrub, coastal scrub. Blooms March through May (perennial herb). Absent. Suitable habitat (coastal bluff and scrub) is not present within the BSA. This perennial herb was not observed during the general biological resources assessment. Sphenopholis interrupta californica Prairie false oat US: – CA: SP CRPR: 1B.1 HMP: – Chaparral and coastal habitats in small clay lenses. Blooms in April (annual herb). Absent. Suitable habitat (chaparral) is not present within the BSA. This annual herb was not observed during the general biological resources assessment. Invertebrates Bombus crotchii Crotch bumblebee US: – CA: SA HMP: – Inhabits grassland and scrub areas. Nests underground, often in abandoned rodent dens. Occurs near the coast, western desert, great valley, and southwestern foothills of California. May through September Absent. Suitable habitat (grasslands and scrub areas) is not present within the BSA. Not observed BIOLOGICAL RESOURCES TECHNICAL REPORT NOVEMBER 2022 CARLSBAD BY THE SEA SUMMERHOUSE PROJECT CARLSBAD, CALIFORNIA P:\FPP2201 Cbad Summerhouse\Bio\Biological Resources Technical Report.docx (11/02/22) 9 Table C: Special‐Status Plant and Wildlife Species Within 1 Mile of the BSA. Species Status Habitat and Distribution Activity Period Occurrence Probability Extant but uncommon in Baja California, Mexico. during the general biological resources assessment. The last observation of this species in the vicinity of Carlsbad was made in 1958. Tryonia imitator Mimic Tryonia (California brackish water snail) US: – CA: SA HMP: – Inhabits coastal lagoons, estuaries and salt marshes, from Sonoma County south to San Diego County. Found only in permanently submerged areas in a variety of sediment types; able to withstand a wide range of salinities. Year‐round Absent. Extirpated. Suitable habitat (lagoons, estuaries, and salt marshes) is not present within the BSA. Not observed during the general biological resources assessment. Fish Eucyclogobius newberryi Tidewater goby US: FE CA: SA HMP: – Brackish water habitats along the California coast from Agua Hedionda lagoon (San Diego County) to the mouth of the Smith River (Del Norte County). Found in shallow lagoons and lower stream reaches. Year‐round Absent. Possibly extirpated. Suitable habitat (lagoons, estuaries, marshes, freshwater tributaries) is not present within the BSA. Not observed during the general biological resources assessment. BIOLOGICAL RESOURCES TECHNICAL REPORT NOVEMBER 2022 CARLSBAD BY THE SEA SUMMERHOUSE PROJECT CARLSBAD, CALIFORNIA P:\FPP2201 Cbad Summerhouse\Bio\Biological Resources Technical Report.docx (11/02/22) 10 Table C: Special‐Status Plant and Wildlife Species Within 1 Mile of the BSA. Species Status Habitat and Distribution Activity Period Occurrence Probability Reptiles Anniella stebbinsi Southern California legless lizard US: – CA: SSC HMP: – Inhabits coastal sand dunes, sandy washes, and alluvial fans. Nearly year round Absent. Suitable habitat (coastal sand dunes, sandy washes, and alluvial fans) is not present within the BSA. The nearest known occurrence is 0.8 mile northeast of the BSA. Not observed during the general biological resources assessment. Arizona elegans occidentalis California glossy snake US: – CA: SSC HMP: – Inhibits desert habitats, chaparral, sagebrush, valley‐foothill hardwood, pine‐juniper, and annual grass. Nearly year round Absent. Suitable habitat (desert, chaparral, sagebrush, valley‐foothill hardwood, pine‐juniper, and annual grass) is not present within the BSA. Not observed during the general biological resources assessment. Birds Charadrius nivosus Western snowy plover US: FT CA: SSC HMP: Covered Inhibits shorelines, peninsulas, offshore islands, bays, estuaries, and rivers. Year‐round Absent. Suitable habitat (shorelines, peninsulas, offshore islands, bays, BIOLOGICAL RESOURCES TECHNICAL REPORT NOVEMBER 2022 CARLSBAD BY THE SEA SUMMERHOUSE PROJECT CARLSBAD, CALIFORNIA P:\FPP2201 Cbad Summerhouse\Bio\Biological Resources Technical Report.docx (11/02/22) 11 Table C: Special‐Status Plant and Wildlife Species Within 1 Mile of the BSA. Species Status Habitat and Distribution Activity Period Occurrence Probability estuaries, and rivers) is not present within the BSA. Not observed during the general biological resources assessment. Passerculus sandwichensis beldingi Belding’s savannah sparrow US: – CA: SA HMP: Covered Inhibits wetlands, marshes of the San Diego Bay. Year‐round Absent. Suitable habitat (marshes and wetlands) is not present within the BSA. Not observed during the general biological resources assessment. Plegadis chihi White‐faced ibis US: – CA: WL HMP: Covered Winters locally in wet meadows, shallow freshwater marshes, ponds, lakes, rivers, flooded fields, and estuaries. May frequent brackish areas or feed in flooded fields. Known rookery in western Riverside County. In the Coachella Valley and Imperial Valley, this species primarily occurs in irrigated agricultural lands, particularly alfalfa and wheat. Year‐round diurnal activity Absent. Suitable habitat (marshes and wetlands) is not present within the BSA. Not observed during the general biological resources assessment. Polioptila californica californica Coastal California gnatcatcher US: FT CA: SSC HMP: Covered Inhabits coastal sage scrub in low‐lying foothills and valleys in cismontane southwestern California and Baja California. Year‐round Absent. Suitable habitat (coastal sage scrub in low‐ lying foothills and valleys) is not present within the BSA. BIOLOGICAL RESOURCES TECHNICAL REPORT NOVEMBER 2022 CARLSBAD BY THE SEA SUMMERHOUSE PROJECT CARLSBAD, CALIFORNIA P:\FPP2201 Cbad Summerhouse\Bio\Biological Resources Technical Report.docx (11/02/22) 12 Table C: Special‐Status Plant and Wildlife Species Within 1 Mile of the BSA. Species Status Habitat and Distribution Activity Period Occurrence Probability Not observed during the general biological resources assessment. Rallus obsoletus levipes Light‐footed Ridgway’s rail US: FE CA: SE/FP HMP: Covered Found in salt marshes traversed by tidal sloughs, where cordgrass and pickleweed are the dominant vegetation. Requires dense growth of either pickleweed or cordgrass for nesting or escape cover; feeds on mollusks and crustaceans. Year‐round Absent. Suitable habitat (salt marsh) is not present within the BSA. Not observed during the general biological resources assessment. Sternula antillarium browni California least tern US: FE CA: SE/CFP HMP: Covered Nests on beaches, mudflats, and sand dunes along the coast from San Francisco Bay south to northern Baja California. Forages in shallow water. Colonial breeder on bare or sparsely vegetated, flat substrates, sand beaches, alkali flats, landfills, or paved areas. Year‐round Absent. Suitable habitat (beaches, mudflats, and sand dunes) is not present within the BSA. Not observed during the general biological resources assessment. Mammals Lasiurus xanthinus Western yellow bat US: – CA: SSC HMP: – Varied habitats, but usually near water; often associated with palm trees. Southwestern United States to southern Mexico. Year‐round Absent. Suitable habitat (riparian woodlands) is not present within the BSA. Not observed during the general biological resources assessment. BIOLOGICAL RESOURCES TECHNICAL REPORT NOVEMBER 2022 CARLSBAD BY THE SEA SUMMERHOUSE PROJECT CARLSBAD, CALIFORNIA P:\FPP2201 Cbad Summerhouse\Bio\Biological Resources Technical Report.docx (11/02/22) 13 Table C: Special‐Status Plant and Wildlife Species Within 1 Mile of the BSA. Species Status Habitat and Distribution Activity Period Occurrence Probability Nyctinomops femorosaccus Pocketed free‐tailed bat US: – CA: SSC HMP: – Usually associated with cliffs or rock outcrops, often near riparian habitat. Occurs from the southwestern United States to central Mexico. Primarily the warmer months Absent. Suitable habitat (cliffs and rocky outcrops) is not present within the BSA. Not observed during the general biological resources assessment. LEGEND US: Federal Classifications – No applicable classification. FE Taxa listed as Endangered. FT FSC Taxa listed as Threatened. Federal Species of Concern. CA: State Classifications SE Taxa State‐listed as Endangered. SSC CFP California Species of Special Concern. Refers to animals with vulnerable or seriously declining populations. California Fully Protected. Refers to animals protected from take under Fish and Game Code Sections 3511, 4700, 5050, and 5515. WL California Bird Species of Special Concern Watch List. SA Special Animal. Refers to any other animal monitored by the Natural Diversity Database, regardless of its legal or protection status. SP Special Plant. Refers to any other plant monitored by the Natural Diversity Database, regardless of its legal or protection status. 1B California Rare Plant Rank 1B: Rare, threatened, or endangered in California and elsewhere. 2B California Rare Plant Rank 2B: Rare, threatened, or endangered in California, but more common elsewhere. 3 California Rare Plant Rank 3: A review list of plants about which more information is needed. 4 California Rare Plant Rank 4: A watch list of plants of limited distribution. CRPR Extensions 0.1 Seriously endangered in California (greater than 80% of occurrences threatened/high degree and immediacy of threat). 0.2 Fairly endangered in California (20 to 80% occurrences threatened). California Rare Plant Ranks are assigned by a committee of government agency and non‐governmental botanical experts and are not official State designations of rarity status. City of Carlsbad Habitat Management Plan (HMP) Classifications – Species not covered by the HMP. List 2 Species coverage contingent on other MHCP Subarea plans being permitted List 3 Species coverage contingent upon funding for management of conserved areas Covered Species for which take authorization is provided because long‐term viability has been determined to be adequately maintained under the HMP. Narrow Endemic Species with restricted geographic distributions, soil affinities and/or habitats, and, for purposes of the HMP, species that in addition have important populations within the HMP area, such that substantial loss of these populations or their habitat within the HMP area might jeopardize the continued existence or recovery of that species. BIOLOGICAL RESOURCES TECHNICAL REPORT NOVEMBER 2022 CARLSBAD BY THE SEA SUMMERHOUSE PROJECT CARLSBAD, CALIFORNIA P:\FPP2201 Cbad Summerhouse\Bio\Biological Resources Technical Report.docx (11/02/22) 14 4.5.1 Special‐Status Plants Based on the results of the database records search, literature review, and observations made during the general biological resources assessment, none of the four special‐status plant species with the potential to occur within 1 mile of the BSA has a moderate or higher occurrence probability due to the absence of suitable habitat. None of these species was identified during the general biological resources assessment. 4.5.2 Special‐Status Wildlife Based on the results of the database records search, literature review, and observations made during the general biological resources assessment, none of the 13 special‐status wildlife species with the potential to occur within 1 mile of the BSA has a moderate or higher occurrence probability due to the absence of suitable habitat. None of these species was detected during the general biological resources assessment. 4.6 UNITED STATES FISH AND WILDLIFE SERVICE CRITICAL HABITAT AREAS United States Fish and Wildlife Service (USFWS) designated Critical Habitat for thread‐leaved brodiaea (Brodiaea filifolia) and coastal California gnatcatcher is 2.6 miles east and 2.1 miles north of the BSA, respectively. 4.7 WILDLIFE MOVEMENT CORRIDORS The BSA is in an urban area entirely surrounded by residential development. Some commercial development is farther east, closer to Carlsbad Boulevard. The BSA does not appear to currently facilitate wildlife movement. 4.8 HARDLINE PRESERVE The BSA is not in or near a hardline preserve. 4.9 JURISDICTIONAL AQUATIC RESOURCES The BSA does not contain any jurisdictional aquatic resources. Multiple small patches of giant reed are present at the southwestern corner of the BSA. Giant reed is a tall perennial grass typically found in wetland/riparian areas, but it can also occur at disturbed upland sites like the BSA. The patches appear to be at the low point of the BSA where water from precipitation can accumulate and support this resilient exotic species; however, wetland hydrology is not evident at the BSA. The presence of numerous Botta’s pocket gopher burrows throughout the BSA provides further evidence of the absence of wetland hydrology. BIOLOGICAL RESOURCES TECHNICAL REPORT NOVEMBER 2022 CARLSBAD BY THE SEA SUMMERHOUSE PROJECT CARLSBAD, CALIFORNIA P:\FPP2201 Cbad Summerhouse\Bio\Biological Resources Technical Report.docx (11/02/22) 15 5.0 IMPACT DETERMINATIONS 5.1 PROJECT‐SPECIFIC IMPACTS Construction of this project would result in permanent impacts to disturbed land. 5.1.1 Permanent Impacts Permanent loss involves long‐term impacts associated with constructing a multi‐level building and associated landscaping. 5.1.2 Temporary Impacts No temporary impacts are expected to occur within the BSA. Temporary impacts would be limited to the developed streets surrounding the BSA, and would include the staging of materials and equipment. Such disturbance may temporarily affect both pedestrian and vehicular traffic in the area. Appropriate signage and road closures (if needed) will be implemented. 5.1.3 Direct Impacts Direct impacts to disturbed land would result from clearing of vegetation and site grading. Wildlife within the immediate vicinity of any active work areas would be displaced for the duration of the activity, though due to the highly‐disturbed nature of the site, limited wildlife displacement is anticipated. 5.1.4 Indirect Impacts Indirect impacts to adjacent areas may result from noise and dust generated by construction‐related activities, which have the potential to disturb nearby wildlife and, in the case of dust, vegetation. Additionally, if construction is performed at night, lighting has the potential to indirectly affect wildlife. However, because the BSA is in an urban area surrounded by development, and because the majority of the wildlife species that would occur within or near the BSA would be used to the urban environment, indirect impacts to wildlife from noise, dust, and lighting are not expected to be significant. 5.2 VEGETATION COMMUNITIES Figure 3 displays the anticipated impacts to vegetation communities within the BSA on an aerial photograph. Table D outlines the impacts anticipated to occur to vegetation communities as a result of project‐related activities. Service Layer Credits: BEECH A V E OC E A N S T G A R F I E L D S T SOURCE: Nearmap (4/19/2022)I:\FPP2201\GIS\MXD\Vegetation_Impacts.mxd (11/1/2022) FIGURE 3 Carlsbad by the Sea SummerhouseVegetation Impacts LEGEND Biological Study Area Site Plan Vegetation Disturbed Land (0.62 acre)0 25 50 FEET BIOLOGICAL RESOURCES TECHNICAL REPORT NOVEMBER 2022 CARLSBAD BY THE SEA SUMMERHOUSE PROJECT CARLSBAD, CALIFORNIA P:\FPP2201 Cbad Summerhouse\Bio\Biological Resources Technical Report.docx (11/02/22) 17 Table D: Anticipated Impacts by Vegetation Community/Land Use (acres) Vegetation Community HMP Habitat Group Temporary Impacts* Permanent Impacts* Disturbed Land F — 0.62 Total — — 0.62 Sources: City of Carlsbad (2004), LSA (2022). *Rounded to the nearest hundredth. HMP = Habitat Management Plan 5.3 SPECIAL‐STATUS PLANT SPECIES The results of the literature review and database record search indicate the potential occurrence of four special‐status plant species within 1 mile of the BSA. Due to the absence of suitable habitat on site and because no special‐status plant species were observed during the general biological resources assessment, project‐related activities are not expected to affect special‐status plant species. 5.4 SPECIAL‐STATUS WILDLIFE SPECIES 5.4.1 Special‐Status Wildlife Species The results of the literature review and database records search indicate the potential occurrence of 13 special‐status wildlife species within 1 mile of the BSA. Due to the absence of suitable habitat on site and because no special‐status wildlife species were detected during the general biological resources assessment, project‐related activities are not expected to affect special‐status wildlife species. 5.4.2 Nesting Birds If project‐related activities are conducted during the bird breeding season (January 15 through September 15), they may cause both temporary and permanent impacts to foraging and/or nesting habitat for avian species that are not considered special‐status, but are covered under the Migratory Bird Treaty Act (MBTA) and Section 3503.5 of the California Fish and Game Code. Implementation of avoidance measures provided in Section 6.2.3 will reduce the potential for impacts to nesting birds. 5.5 UNITED STATES FISH AND WILDLIFE SERVICE CRITICAL HABITAT AREAS There is no USFWS designated critical habitat within 2 miles of the BSA; therefore, no impacts will occur to critical habitat. 5.6 WILDLIFE MOVEMENT CORRIDORS The BSA is in an urban area entirely surrounded by residential development. Some commercial development is farther east, closer to Carlsbad Boulevard. The BSA does not appear to currently facilitate wildlife movement; therefore, this development is not expected to affect wildlife movement. BIOLOGICAL RESOURCES TECHNICAL REPORT NOVEMBER 2022 CARLSBAD BY THE SEA SUMMERHOUSE PROJECT CARLSBAD, CALIFORNIA P:\FPP2201 Cbad Summerhouse\Bio\Biological Resources Technical Report.docx (11/02/22) 18 6.0 MITIGATION AND HMP COMPLIANCE 6.1 MITIGATION FOR IMPACTS TO VEGETATION COMMUNITIES 6.1.1 Permanent Impacts Table E displays the appropriate mitigation (as described in the HMP) and anticipated mitigation totals for permanent impacts to vegetation communities. Table E: HMP‐Required Mitigation for Permanent Impacts to Vegetation Communities Vegetation Community HMP Habitat Group HMP‐Required Mitigation Ratio Permanent Impacts (acres)* Required Mitigation (acres) Disturbed Land F Fee 0.62 N/A Total 0.62 N/A Sources: City of Carlsbad (2004), LSA (2022). HMP = Habitat Management Plan N/A = not applicable *Rounded to the nearest hundredth. ** The City Council determines current fee amounts. Front Porch Communities & Services will be required to pay a mitigation fee for impacts to disturbed land. Mitigation fees are collected to fund the City of Carlsbad’s (City) obligation to acquire, protect and manage lands suitable for the coastal California gnatcatcher (the Gnatcatcher Core Area). The City Council determines current fee amounts. 6.2 MITIGATION FOR IMPACTS TO SPECIAL‐STATUS SPECIES 6.2.1 Special‐Status Plant Species No special‐status plant species are expected to occur within the BSA. None was observed during the general biological resources assessment. Because no impacts are expected to occur to special‐status plant species, no mitigation for these species is required. 6.2.2 Special‐Status Wildlife Species No special‐status wildlife species are expected to occur within the BSA. None was detected during the general biological resources assessment. Because no impacts are expected to occur to special‐ status wildlife species, no mitigation for these species is required. 6.2.3 Nesting Birds Nesting birds protected under the MBTA and the California Fish and Game Code will be avoided to the greatest extent practicable either by conducting vegetation disturbance outside of the typical bird breeding season (i.e., between September 16 and January 14), or by having a biologist perform a nesting bird survey within the proposed construction area and a 100‐foot buffer no more than 72 hours prior to vegetation disturbance during the bird‐breeding season. If the planned vegetation BIOLOGICAL RESOURCES TECHNICAL REPORT NOVEMBER 2022 CARLSBAD BY THE SEA SUMMERHOUSE PROJECT CARLSBAD, CALIFORNIA P:\FPP2201 Cbad Summerhouse\Bio\Biological Resources Technical Report.docx (11/02/22) 19 disturbance does not take place within 72 hours of the nesting bird survey, then the area would be resurveyed. If nesting birds are found, then the qualified biologist, in coordination with the City, would establish an adequate buffer zone, if needed (on a species‐by‐species, case‐by‐case basis), in which maintenance activities would be prohibited until the nest is no longer active. Because no impacts are expected to nesting migratory birds, no additional mitigation for these species is required. 6.3 COMPLIANCE WITH HMP COASTAL ZONE STANDARDS All projects within the Coastal Zone are required to comply with HMP Coastal Zone Standards 7‐1 through 7‐14 (HMP Section D). Compliance with these standards is described below.  7‐1: Environmentally Sensitive Habitat Areas (ESHA). No ESHAs are present within the BSA.  7‐2: Coastal Sage Scrub. No coastal sage scrub is present within the BSA.  7‐3: Oak Woodland. No oak woodland is present within the BSA.  7‐4: Streams. No streams are present within the BSA.  7‐5: Ephemeral Drainages and Ephemeral Streams. No ephemeral drainages or ephemeral streams are present within the BSA.  7‐6: Wetlands. No wetlands are present within the BSA.  7‐7: Wetland Mitigation Requirements. There are no wetlands within the BSA, thus mitigation is not required.  7‐8: No Net Loss of Habitat. This project will not affect coastal sage scrub, maritime succulent scrub, southern maritime chaparral, southern mixed chaparral, native grassland, or oak woodland within the Coastal Zone, as none of these habitats are present within the BSA.  7‐9: Upland Habitat Mitigation Requirements. The project will not affect native upland habitat, as none occurs on site; thus. mitigation is not required.  7‐10: Highly Constrained Properties. The BSA is not highly constrained.  7‐11: Buffers and Fuel Modification Zones. The buffer requirement does not apply to this project, as there are no wetland, riparian areas, or other native habitats on site. No areas would be preserved.  7‐12: Grading and Landscaping Requirements. The project will be designed to avoid conducting grading activity during the rainy season (October 1 to April 1); however, it is understood that construction may be extended into the rainy season with the approval of the City engineer and with the implementation of special erosion control measures designed to prohibit discharge of BIOLOGICAL RESOURCES TECHNICAL REPORT NOVEMBER 2022 CARLSBAD BY THE SEA SUMMERHOUSE PROJECT CARLSBAD, CALIFORNIA P:\FPP2201 Cbad Summerhouse\Bio\Biological Resources Technical Report.docx (11/02/22) 20 sediments off site. All graded areas shall be revegetated prior to October 1 to reduce erosion potential.  7‐13: City‐Owned Lands Adjacent to Macario Canyon and Veterans Memorial Park. These standards are not applicable to this project.  7‐14: Other Parcels – Specific Habitat Protection Standards. These standards are not applicable to this project. BIOLOGICAL RESOURCES TECHNICAL REPORT NOVEMBER 2022 CARLSBAD BY THE SEA SUMMERHOUSE PROJECT CARLSBAD, CALIFORNIA P:\FPP2201 Cbad Summerhouse\Bio\Biological Resources Technical Report.docx (11/02/22) 21 7.0 REFERENCES American Ornithological Society. 1998. The A.O.U. Checklist of North American Birds, Seventh Edition and supplements. Washington, D.C.: American Ornithologists’ Union. Website: http://checklist.aou.org/taxa. Baldwin, B.G., et al., eds. 2012. The Jepson Manual: Vascular Plants of California, 2nd edition. Berkeley: University of California Press. Bradley, R.D. et al. 2014. Revised Checklist of North American Mammals North of Mexico, 2014. Museum of Texas Tech University Occasional Papers No. 327. California Department of Fish and Wildlife. 2022. RareFind Version 5.2.6, Records search executed in September 2022, covering the United States Geological Survey 7.5‐minute series topographic map, Encinitas and San Luis Rey, California quadrangles. Resource Management and Planning Division. Sacramento: Biogeographic Data Branch, Natural Diversity Database. California Native Plant Society, Rare Plant Program. 2022. Inventory of Rare and Endangered Plants of California (online edition, v8‐03 0.38). Website http://www.rareplants.cnps.org (accessed September 2022). City of Carlsbad. 2004. Habitat Management Plan for Natural Communities in the City of Carlsbad. November. Crother, B.I., ed. 2012. Scientific and Standard English Names of Amphibians and Reptiles of North America North of Mexico. Herpetological Circular 39. Hickman. 1993. The Jepson Manual: Higher Plants of California. Holland, R.F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California. Sacramento: State of California, The Resources Agency, Department of Fish and Wildlife, Natural Heritage Division. Lichvar, R.W., D.L. Banks, W.N. Kirchner, and N.C. Melvin. 2016. The National Wetland Plant List: 2016 Wetland Ratings. Phytoneuron 2016‐30: 1–17. April 28. Natural Resources Conservation Service. 2013. Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Official Soil Series Descriptions. North American Butterfly Association. 2001. NABA checklist and English Names of North American Butterflies, Second Edition. Morristown, New Jersey; North American Butterfly Association. Website: http://www.naba.org/pubs/checklst.html. Oberbauer, Thomas, Meghan Kelly, and Jeremy Buegge. 2008. Draft Vegetation Communities of San Diego County. March. Based on “Preliminary Descriptions of the Terrestrial Natural Communities of California,” Robert F. Holland, Ph.D., October 1986. BIOLOGICAL RESOURCES TECHNICAL REPORT NOVEMBER 2022 CARLSBAD BY THE SEA SUMMERHOUSE PROJECT CARLSBAD, CALIFORNIA P:\FPP2201 Cbad Summerhouse\Bio\Biological Resources Technical Report.docx (11/02/22) 22 Paulson, D. 2009. Dragonflies and Damselflies of the West. Princeton, New Jersey, Princeton University Press. Rebman, J.P., and M.G. Simpson. 2006. Checklist of the Vascular Plants of San Diego County, 4th Edition. San Diego: San Diego. Natural History Museum. Soil Conservation Service. 1973. Soil Survey for the San Diego Area, California, Part I. Stebbins, R.C., and S.M. McGinnis. 2012. Field Guide to Amphibians and Reptiles of California, Revised Edition. Berkeley: University of California Press. Technology Associates. 2008. Guidelines for Biological Studies. City of Carlsbad, California. September 30. BIOLOGICAL RESOURCES TECHNICAL REPORT NOVEMBER 2022 CARLSBAD BY THE SEA SUMMERHOUSE PROJECT CARLSBAD, CALIFORNIA P:\FPP2201 Cbad Summerhouse\Bio\Biological Resources Technical Report.docx (11/02/22) APPENDIX A SITE PHOTOGRAPHS I:\FPP2201\G\Site_Photos.cdr (11/1/2022) Site Photographs Carlsbad by the Sea Summerhouse Project Photograph 1: View from the southeastern corner of the BSA, facing northwest. Photograph 2: View from the northern corner of the BSA, facing southeast. Photograph 3: View from along the northern edge of the BSA, facing southeast. Photograph 4: View from the southwestern corner of the BSA, facing north.