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Home My WebLink AboutCT 04-06; PALOMAR POINTE; BIOLOGICAL CONSTRAINTS REPORT; 1995-11-20S • BIOLOGICAL CONSTRAINTS REPORT FOR THE PALOMAR POINTE PROPERTY APN#212-120-33 CARLSBAD, CALIFORNIA Prepared for MR. JIM HIEAfl' 604 14TH STREET MANHATTAN BEACH, CA 90266 Prepared by RICK EISENBART ASSOCIATE ECOLOGIST, ESA RECON RECON NUMBER 2736B Regional Environmental Consultants 4241 Jutland Drwe. Suite 201 San Diego, CA 92117 (619) 270.5066 NOVEMBER 20, 1995 This document printed on recycled paper. .• S TABLE OF CONTENTS Summary of Findings Introduction Survey Methods Existing Conditions Botany Zoology Sensitive Resources Recommendations References Cited FIGURES Project location on U.S.G.S. quadrangle Vegetation and sensitive resources TABLES Plant Species Observed Wildlife Species Observed 1 1 3 3 3 4 4 8 10 2 5 6 7 Summary of Findings Sensitive resources detected on the subject property include coastal sage scrub habitat occupied by coastal California gnatcatchers (a federally listed threatened species), Blochman's dudleya (a federal Category 2 candidate plant species), and vernal pools. Coastal sage scrub is a sensitive habitat, impacts to which will require compliance with the federal Endangered Species Act's "4(d) rule" through the Multiple Habitat Conservation Plan and Carlsbad Habitat Management Plan. Vernal pools are sensitive habitats which are covered under the City of Carlsbad draft HMP "no net loss" criteria. Successful creation of vernal pool habitat will be required by the City if impacts to vernal pools on-site are unavoidable. Coordination with the USACE and USFWS would also be necessary. Blochman's dudleya does not have a significant federal or state status to normally warrant mitigation. However, the location of this species on the Palomar Pointe property is significant as it extends the currently known range of this species significantly to the south. The California Coastal Commission has previously required development and implementation of a mitigation plan for construction impacts to this species. It is likely that such a plan will be required for any impacts to this species on this property. Spring surveys would be necessary to accurately map the distribution of these and other potentially occurring sensitive resources on-site. The sensitive resources described in this report represent considerable constraints to development of this property. Introduction This report describes the updated biological surveys of the Palomar Pointe project site within the city of Carlsbad (Figure 1). Surveys were previously conducted by RECON in June of 1988. At that time, the only sensitive resources identified were two plant species: western dichondra (Dichondra occidentalis) and ashy spike-moss (Selaginella cinerascens). In 1988, the coastal California gnatcatcher was considered a potential occupant of the site, although it was not observed during RECON's surveys at that time. RECON determined that impacts associated with the development of the site were not of a magnitude requiring mitigation according to the biological significance thresholds in use during 1988. 1 imtorosa 30 : I c I\Q vt K. (7 (\ ( it , ,/ _)- :: '7 Aitypit - L : - — - _,— it Aft PRO 1 )( JECT LOCATIOJ Aipoj /2 •&--- 1 Afrifi iwv 41 Y ,AQAO__ —i 1 N'tI \ _•\ , ( (i" ) . - I I —I0 ç I I_____ - IgdIeI ' I / / Tat k iL o - et ' ' I Map Source U S G S 7.5 minute topographic maps, San Luis Rey and Encinitas quadrangles FIGURE 1 Project Vicinity RECØN In September of 1995, RECON conducted updated biological surveys on the Palomar Pointe property. These current surveys included directed surveys for the coastal California gnatcatcher, habitat mapping, and efforts to identify any biological constraints to development of the project site. Survey Methods Three directed coastal California gnatcatcher surveys were conducted by Rick Eisenbart and Mark Dodero during September 1995. Surveyors also completed general wildlife and botany surveys, including preparation of a vegetation map for the property. The gnatcatcher surveys were conducted in accordance with the U.S. Fish and Wildlife Service (USFWS) protocols, which entail three directed surveys conducted at least seven days apart. The entire property was covered on foot during each survey effort. Patches of vegetation that were too thick to allow passage were surveyed from the edge of the patch. Surveyors used binoculars to identify bird species and also identified species by vocalizations or other signs, such as scat, tracks, carcasses, and den sites. Plant species which could not be identified in the field were collected and brought to the RECON office for positive identification. Vegetation mapping was accomplished using an aerial photograph (flown February 1995) and topographic maps. Limitations to the compilation of a comprehensive floral checklist were imposed by seasonal factors, since most spring annual plants would have already bloomed and died back. Migratory bird species which may occur on the property during spring and winter would not, have been present during the surveys. Since surveys were performed during the day, nocturnal animals would not have been observed directly. Floral nomenclature follows Hickman (1993), while plant community classifications follow the California Natural Diversity Data Base (NDDB) (Holland 1986). Zoological nomenclature for birds is in accordance with the American Ornithologists' Union Checklist (1983, 1989); for mammals, Jones et al. (1982); and for amphibians and reptiles, Collins (1990). Assessments of the sensitivity of species and habitats are based primarily on Tate (1986), Smith and Berg (1988), State of California (1992, 1993), U.S. Fish and Wildlife Service (1991), and Holland (1986). Existing Conditions A. Botany Vegetation on-site appears to have changed little from the 1988 surveys. Three vegetation communities are present: chamise chaparral, mixed chaparral, and Diegan - 3 coastal sage scrub with inclusions of annual and perennial grassland (Figure 2). Chamise chaparral is dominated by a single species, chamise (Adenostoma fasciculatum). Mixed chaparral is dominated by Nuttall's scrub oak (Quercus dumosa), lemonadeberry (Rhus integrifolia), and chamise. The Diegan coastal sage scrub is composed of California sagebrush (Artemisia californica), California buckwheat (Eriogonum fasciculatum), and laurel sumac (Malosma laurina). Annual and perennial grasslands, which are scattered throughout the site, are dominated by wildoat (Avena sp.) and purple needlegrass (Nassella pulchra). A complete list of observed plant species is given on Table 1. Zoology Twenty-one wildlife species were detected or directly observed on-site (Table 2). These species included the San Diego black-tailed jackrabbit (Lepus californicus bennettii), a federal Category 2 candidate for listing, and the coastal California gnatcatcher (Polioptila californica californica), a federally listed threatened species. Both of these species are also California species of special concern (CSC). Sensitive Resources For purposes of this report, species will be considered to be sensitive if they are (1) listed by state or federal agencies as threatened or endangered or are candidates or proposed for such listing; (2) on Lists lB or 2 of the California Native Plant Society's• (CNPS) Inventory of Rare and Endangered Vascular Plants of California (Smith and Berg 1988); or (3) considered rare, endangered, or threatened by the NDDB (State of California 1992) or local conservation organizations or specialists. Noteworthy plant species are considered to be those which are on Lists 3 and 4 of the CNPS Inventory. Sensitive habitat types are those identified by the NDDB (Holland 1986). Assessments for the potential occurrence of sensitive or noteworthy species are based upon known ranges and habitat preferences for the species and species occurrence records from the NDDB. Locations of sensitive biological resources are noted on Figure 2. Coastal California gnatcatchers were observed during each of the three site visits, utilizing the coastal sage scrub and crossing over a piece of chaparral habitat on the southeastern edge of the property, adjacent to the Palomar Airport fence. A minimum of three gnatcatchers were identified here, with a fourth suspected but unconfirmed. This represents a single-family group with juveniles as yet undispersed. The habitat throughout most of the property is coastal sage scrub intermixed with grasslands, and these gnatcatchers could make use of all of this habitat type as they disperse to form new territories, or shift the boundaries of existing territories from year to year. - 4 1i _ jeq 1, - / / \ - N J I Pli :i \ .•' . / - ,,-;, •,. • I .::- - -. L - , - I •• - G - v / H. pjv_ G Coastal California gnatcatcher /80 95 FEET 0 Chamise chaparral 177-1 Disturbed Mixed chaparral d Dud1ea I'!oji,,iunwe h1ohiiian:ue J San Diego black wiled jackrabbit FIG 2 J Coastal age scrub/orassland V Vernal pool (oeneral location) Note:Selaginella cinerascenc was observed over Existing Vegetation and - . a large portion of the property, and mapping - was considered impractical Sensitive Species (Sept 1995) TABLE 1 PLANT SPECIES OBSERVED Scientific Name Common Name Origin Adeno stoma fasciculatum Hook. & Am. Chamise N Aremisia californica Less. California sagebrush N Avena sp. Wild oats N Baccharis emoryi A. Gray - Chaparral broom N Baccharis pilularis DC. Coyote bush N Baccharis sarothroides A. Gray Broom baccharis N Chiorogalum parviflorum Wats. Amole, soap plant N Cortaderiajubata (Lemoine) Stapf Pampas grass I Dudleya blochmaniae (Eastw.) Moran ssp. blochmaniae Blochman's dudleya N Eleocharis macrostachya Britton Pale spikerush N Eremocarpus setigerus (Hook.) Benth. Dove weed N Eriogonumfasciculatum Benth. var. fasciculatum California buckwheat N Foeniculum vulgare Mill. Fennel I Hemizoniafasciculata (DC.) Torrey & A. Gray Golden tarplant N Heteromeles arbutfolia (Lindley) Roemer Toyon, Christmas berry N isocoma menziesii (Hook. & Am.) G. Nesom Coast goldenbush N Lessingiafilagin(folia (Hook. & Am.) M.A. Lane var.filagin(folia California-aster N Lotus scoparius (Nutt. in Torrey & A. Gray) Ottley var. scoparius California broom N Lythrum hyssopfolium L. Grass poly N Malacothamnusfascicularus (Torrey & A. Gray) E. Greene Chaparral mallow N Malosma laurina (Nutt.) Abrams Laurel sumac N Mimulus sp. Monkeyflower N Nassella sp. Needlegrass N Navarretia hamara E. Greene Hooked navarretia N Opuntia littoralis (Engeim.) Cockerell. Shore cactus N Picris echioides L. Bristly ox-tongue I Polypogon monspeliensis (L.) Desf. Annual beard grass I Psilocarphus brevissimus Nutt. var. brevissimus Dwarf woolly-heads N Quercus dumosa Nutt. Nuttall's scrub oak N Raphanus sativus L. Radish I Rhus inregrifolia (Nutt.) Brewer & Watson Lemonadeberry N Rumex crispus L. Curly dock I Salsola tragus L. Russian thistle, tumbleweed I Salvia mel4fera E. Greene Black sage N Selaginella cinerascens Maxon Ashy spike-moss N Stephanomeria virgara (Benth.) ssp. virgata Slender stephanomeria N N = native to locality; I = introduced species from outside locality. TABLE 2 WILDLWE SPECIES OBSERVED/DETECTED ON THE SITE Common Name Scientific Name Status Reptiles Western fence lizard Birds American kestrel Killdeer Greater roadrunner Anna's hummingbird Say's phoebe Scrub jay -Common raven Bushtit Bewick' s wren Northern mockingbird California thrasher Wrentit Coastal California gnatcatcher Lesser goldfinch California towhee Western meadowlark Sceloporus occidentalis Falco sparverius Charadrius vociferus vocferus Geococcyx californianus Calypte anna Sayornis saya Aphelocoma coerulescens obscura Corvus corax clarionensis Psaltriparus minimus minirnus Thyromanes bewickii Mimus polyglottos polyglottos Toxostoma redivivum redivivum Chamaea fasciata henshawi Polioptila califomica californica Carduelis psaltria hesperophilus Pipilo crissalis Sturnella neglecta FF,CSC Mammals Coyote Canis latrans California ground squirrel Sperinophilus beecheyi Woodrat Neotoma spp. California vole Microtus calfornicus sanctidiegi San Diego black-tailed jackrabbit Lepus californicus bennettii C2,CSC Cottontail rabbit Sylvilagus audubonii Status C2 = Category 2 candidate for federal listing CSC = California Department of Fish and Game species of special concern Fr = Listed as threatened by the federal government - - -' In addition to the plant communities mentioned above, vernal pools are also present on- site. In the 1988 survey, no plant species indicative of vernal pool habitat were observed within depressions on-site. During the update survey, dwarf wooly-heads (Psilocarphus brevissimus ssp. brevissinuis) was found in four pool locations. While dwarf wooly- heads is not considered a sensitive species, it is a vernal pool indicator. Other plant species which are indicative of vernal pools [pale spikerush (Eleocharis macrostachya) and grass poly (Lythrum hyssopifolium)] were also found in the pool locations. Vernal pools are classified as "waters of the U.S.," which are under the jurisdiction of the U.S. Army Corps of Engineers (USACE). Mitigation for impacts to vernal pools would be required by the USACE. The presence of vernal pools raises the possibility of San Diego fairy shrimp (Branchinecta sandiegoensis) and western spadefoot (Spea hammondii) on-site. The San Diego fairy shrimp is federally proposed as an endangered species, and the western spadefoot is a federal Category 2 candidate for listing and a CSC species. The USFWS would need to be consulted due to the potential for occurrence of a federally proposed species on-site. Surveys for these species would need to be conducted during the spring months to confirm their presence on-site. Three sensitive plant species were observed during the update survey and include Blochman's dudleya (Dudleya blochmaniae ssp. blochmaniae), a federal Category 2 candidate for listing and a CNPS List lB species; Nuttall's scrub oak, a federal Category 2 candidate for listing and a List lB species; and ashy spike-moss, which is a CNPS List 4 species. List lB plants are species which meet the criteria for state listing; while List 4 species are plants of limited distribution, but they are not considered to be threatened at this time. During the 1988 survey, western dichondra, a List 4 species, was observed on- site. This plant was not seen during this update survey but would not be identifiable at this time of year. There is every reason to suspect that western dichondra is still occurring on-site. A spring survey will be necessary to identify and map this and other potential sensitive plants, such as thread-leaved brodiaea (Brodiaea fihifolia) and San Diego goldenstar (Muilla clevelandii). Recommendations In March of 1993, the USFWS issued a final ruling listing the coastal California gnatcatcher as a federally threatened species. This listing provides the gnatcatcher, and its coastal sage scrub habitat, with the protections included within the federal Endangered Species Act. In order to streamline the process of evaluating and permitting impacts to coastal sage scrub habitat, a special 4(d) rule was enacted by the USFWS to allow local jurisdictions permits to take federally listed species based on their ability to implement a segment of a regional habitat management plan. The City of Carlsbad has taken part in 8 the regional Multiple Habitat Conservation Plan (MHCP) and has developed a draft City of Carlsbad Habitat Management Plan (HMP), which is consistent with the MHCP. Any impacts to coastal sage scrub habitat or the coastal California gnatcatchers on-site would require consultation with the USFWS and should be consistent with the draft HMP for the City of Carlsbad. The draft HMP might not be finalized until the County completes its MHCP, but in the meantime Carlsbad will use the draft HMP as a guide for evaluating proposed projects and formulating mitigation. The City of Carlsbad draft HMP defines boundaries for Preserve Planning Areas (PPAs) and Linkage Planning Areas (LPAs). The HMP uses a "one-for-one" mitigation policy for impacts to threshold habitats (coastal sage scrub, southern maritime chaparral, other chaparral, native grassland, and any non-wetland habitat occupied by a listed species). The following is a partial list of the HMP mitigation policy requirements: Mitigate impacts from proposed land uses or activities that impact threshold habitats, or non-wetland habitats occupied by a listed species, through conservation of that same habitat type within a PPA or LPA at a one-to-one ratio; Ensure that the proposed land use or activity provides, or does not preclude, connectivity between and within PPM and LPAs; Ensure that the proposed land use or activity does not result in any net loss of wetlands, oak woodland, or sycamore alluvial woodland; Ensure that the proposed land use or activity includes appropriate measures to avoid and minimize impacts to conserved habitat, preserve linkages, and listed species; Prepare environmental documentation of the project's impacts to habitats and species and its compliance with HMP requirements, and Comprehensively plan compliance with the applicable provisions of the HMP. The HMP "no net loss" policy will require that any project plan either avoid the vernal pools on-site or mitigate vernal pool impacts in a way that ensures no net loss in acreage of this habitat type. Preservation of existing off-site vernal pools is not generally acceptable as it does not meet the "no net loss" criteria. Creation of vernal pools, or enlargement of existing vernal pools, would likely be required if impacts cannot be avoided on-site (Woods, pers. com. 1995). The USACE will also require mitigation for vernal pool impacts. Due to the potential for occurrence of Riverside fairy shrimp (Streptocephalus woottoni), vernal pool fairy shrimp (Branchinecra lynchi) (both are federally listed species), and San Diego fairy shrimp within the on-site vernal pools, a conference with the USFWS will be required before any impacts to vernal pools take place. The USACE will require a 404 permit for implementation of any on-site project which impacts.vernal pools. According to the City of Carlsbad draft lIMP and the Multiple Species Conservation Program mapping (San Diego Association of Governments [SANDAG] 1993a), the property has been ranked as having a "moderate" habitat value index. It also was rated as "high" on California gnatcatcher habitat evaluation mapping (SANDAG 1994) and is labeled as "high" value in the composite habitat models mapping (SANDAG 1993b). The property is connected to off-site coastal sage scrub habitat across College Boulevard. The only boundary to species movement between this off-site habitat area and the Palomar Pointe property is College Boulevard, which may be subject to moderate amounts of traffic during peak periods. It is possible that the coastal California gnatcatchers observed on-site in 1995 could make use of this connection. Another connection exists linking the property to a PPA across highly disturbed coastal sage scrub habitat to the northwest of the property. The connectivity of the on-site coastal sage scrub habitat to off-site areas of similar habitat and eventual connection to a PPA increase the value of the on-site habitat for coastal California gnatcatchers. The identification of Blochman's dudleya is considered significant because this species has become rare in San Diego County and elsewhere in southern California due to development. Within San Diego County, the species formerly ranged from Pacific Beach to the Orange County line. Previous to this discovery, the only currently known populations in San Diego County occurred on Camp Pendleton Marine Base. The California Coastal Commission has required mitigation plans to be developed and implemented for impacts to this species at another development site in southern California. The extent of this population cannot be determined at this time of year because the species is now dormant. The species was only detected from dried'flowers. A March-April mapping effort to determine the species' distribution on the property would be an essential component of any mitigation plan. References Cited American Ornithologists' Union 1983 • Check-list of North American Birds. 6th ed. Washington, D.C. 1989 Thirty-Seventh Supplement to the American Ornithologists' Union Check-list of North American Birds. Auk 106:532-538. California, State of 1992 Special Animals. Natural *Diversity Data Base. Department of Fish and Game. December. 10 S . . 1993 State and Federal Lists of Endangered and Threatened. Animals of California. The Resources Agency, Department of Fish and Game. Revised February 1. Collins, Joseph T. 1990 Standard Common and Current Scientific Names for North American Amphibians and Reptiles. 3rd ed. Herpetological Circular No. 19. Society for the Study of Amphibians and Reptiles, Department of Zoology, Miami University, Oxford, Ohio. Hickman, James C. (editor) 1993 The Jepson Manual: Higher Plants of California. University of' California Press, Berkeley and Los Angeles. Holland, Robert F. 1986 Preliminary Descriptions of the Terrestrial Natural Communities of California. Nongame-Heritage Program, California Department of Fish and Game. October. Jones, J. K., D. C. Carter, H. H. Genoways, R. S. Hoffman, and D. W. Rice 1982 Revised Checklist of North American Mammals North of Mexico. Occasional Papers of the Museum, Texas Tech University 80:1-22. San Diego, City of 1990 Resource Protection Ordinance Administrative Guidelines. Revised Draft 2/21/90. San Diego Association of Governments (SANDAG) 1993a Habitat Value Index. GIS colored maps. August 7. 1993b Habitat Evaluation Models: Composite Model Results. GIS colored maps. ' August 10. 1994 California Gnatcatcher Habitat Evaluation map. April 13. Smith, J. P., and K. Berg' 1988 Inventory of Rare and Endangered Plants of California. California Native Plant Society Special Publication No. 1, 4th edition. Sacramento. Tate, James, Jr. 1986 The Blue List for 1986. American Birds 40(2):227-236. -S U.S. Fish and Wildlife Service (USFWS) 1991 Endangered and Threatened Wildlife and Plants: Animal Candidate Review for Listing as Endangered or Threatened Species, Proposed Rule. 50 CFR 17. Woods, Terry 1995 Personal communication with Rick Eisenbart, RECON. Planner, City of Carlsbad. - 12