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HomeMy WebLinkAboutCDP 16-24; PEELLE RESIDENCE ADDITION; BIOLOGICAL RESOURCES TECHNICAL REPORT; 2016-05-01BIOLOGICAL RESOURCES TECHNICAL REPORT FOR 2441 BUENA VISTA CIRCLE CITY OF CARLSBAD, SAN DIEGO COUNTYCALIFORNIA APN 155-221-01 Submitted to: City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Prepared for: Cohn + Associates 512 Via de la VaUe, Suite 208 Solana Beach, California 92075 Prepared by: Ruben S. Ramirez, Jr. Cadre Environmental c/o Brian F. Smith and Associates, Inc. 14010 Poway Road, Suite A Poway, California 92064 May 2016 RECEIVED JUN 2 4 20IB CITY Of CARLSBAD PLANNING DIVISION TABLE OF CONTENTS PAGE EXECUTIVE SUMMARY ES1 INTRODUCTION 1 PROJECT LOCATION/DESCRIPTION 1 METHODOLOGY 5 LITERATURE REVIEW 5 FIELD SURVEYS 5 EXISTING ENVIRONMENTAL SETTING 8 SURROUNDING LAND USES/TOPOGRAPHY/SOILS 8 VEGETATION COMMUNITIES 8 GENERAL PLANT & WILDLIFE SPECIES 9 JURISDICTIONAL RESOURCES ASSESSMENT 9 SENSITIVE BIOLOGICAL RESOURCES 13 FEDERAL PROTECTION AND CLASSIFICATIONS 13 STATE PROTECTION AND CLASSIFICATIONS V SENSITIVE HABITATS 1 SENSITIVE PLANTS 1 SENSITIVE WILDLIFE 1 REGIONAL CONNECTIVITY/WILDLIFE MOVEMENT CORRIDORS 1" REGIONAL AND REGULATORY SETTING 18 LOCAL 18 FEDERAL 22 STATE 23 ENVIRONMENTAL IMPACTS 25 THRESHOLD OF SIGNIFICANCE 25 DIRECT IMPACTS 27 INDIRECT IMPACTS 29 CUMULATIVE IMPACTS 32 MITIGATION MEASURES 33 LITERATURE CITED 34 Biological Resources Technical Report 2441 Buena Vista Cirde Cadre Environmental May 2016 LIST OF FIGURES 1 - Regional Location Map 2 - Project Site Map 3 - Vegetation Communities Map 4 - Current Project Site Photographs 5 - Current Project Site Photographs 6 - Vegetation Communities Impact Map PAGE 2 3 10 11 12 28 LIST OF TABLES 1 - Vegetation Community Acreages 2 - Vegetation Community Impacts PAGE 9 27 Biological Resources Technical Report Cadre Environmental 2441 Buena Vista Circle May 2016 GLOSSARY CDFG California Department of Fish and Game (CDFW effective Jan 1®' 2013) CDFW California Department of Fish and Wildlife CESA Califomia Endangered Species Act CEQA Califomia Environmental Quality Act CNDDB California Natural Diversity Database CNPS California Native Plant Society CRPR Califomia Rare Plant Ranking ESHA Environmental Sensitive Habitat Areas FESA federal Endangered Species Act GIS Geographic Information System GPS Global Positioning System HCP Habitat Conservation Plan HMP City of Carlsbad, Habitat Management Plan for Natural Communities MBTA Migratory Bird Treaty Act MHCP Multiple Habitat Conservation Program MWD City of Carlsbad Municipal Water District NCCP Natural Communities Conservation Plan NPDS National Pollutant Discharge Elimination System NPPA Native Plant Protection Act NRCS Natural Resources Conservation Service OHWM Ordinary High Water Mark RWQCB Regional Water Quality Control Board SAA Streambed Alteration Agreement SANDAG San Diego Association of Govemments SSC Califomia Species of Special Concem SWRCB State Water Resources Control Board USFWS United States Fish and Wildlife Service USGS United States Geological Survey WDR State Waste Discharge Requirements Biological Resources Technical Report Cadre Environmental 2441 Buena Vista Circte May 2016 EXECUTIVE SUMMARY The project site is located completely within the North County Multiple Habitat Conservation Program area and is located within the City of Carlsbad Subarea Plan Area which is managed based on the Habitat Management Plan (HMP) for Natural Communities in the City of Carlsbad. The project site is located within HMP Core 1 - Focused Planning Area which includes Buena Vista Lagoon and adjacent upland habitats. The project site does not occur within a Special Resource Area, proposed, or existing hardline area (City of Carlsbad 1999). However, the project site is located immediately adjacent to the Buena Vista Lagoon Ecological Reserve. Therefore, adjacency standards will be implemented as addressed in the following report in the section titled, Regional and Regulatory Setting. The project site is not located within a standards area (City of Carlsbad 1999) and therefore is not subject to Local Facilities Management Zone 1 standards (City of Carlsbad 1999). However, the project site is located completely within the coastal zone and a special set of conservation standards may apply as addressed in the following report in the section titled. Regional and Regulatory Setting. The 0.39 acre project site is dominated by disturbed and developed (existing residence and ornamental landscaping) vegetation communities. The existing residential development and adjacent hardscaped areas extend east of the top-of-slope which is located at approximately 42 ft. elevation above mean sea level (MSL). The undeveloped disturbed and developed (ornamental landscaping) region of the project site extends east from the top-of-slope at an approximately 45-degree angle down to approximately 12 ft. elevation above MSL. The project proposes the redevelopment of an existing residence and adjacent hardscaped areas (front and back concrete patios). Specifically, all proposed improvements would occur east of top-of-slope where development has already occurred. Proposed improvements include but are not limited to the expansion of the existing footprint into currently hardscaped areas, the development of a second floor, pool construction and upgrade to the existing hardscape extending east and west of the residence. The project site will impact a total of 0.25 acre of existing developed lands. The proposed project would not impact any federal/state threatened or endangered plant or wildlife species. No suitable habitat occurs within the heavily disturbed/developed property for sensitive species know to occur within the region. Implementation of the proposed project may result in direct and indirect impacts to common passerine nesting habitat. The loss of a nest would be considered a violation of the California Department of Fish and Wildlife Code, Section 3503, 3503.5, 3513 and federal Migratory Bird Treaty Act. Potential Impacts to nesting birds would be reduced Biological Resources Technical Report 2441 Buena Vista Circle Cadre Environmental May 2016 ES1 to less than significant with the implementation of Biological Mitigation Measures (BIO- MM1)^ No wetlands, riparian habitat or vernal pools regulated by the United States Army Corps of Engineers, California Department of Fish and Wildlife, or Regional Water Quality Control Board were documented within the Project Site. Implementation of Mitigation Measures BI0-MM1 would reduce all potential significant^ unavoidable impacts on biological resources to a level of less than significant or below. Biological Resources Technical Report 2441 Buena Vista Circle Cadre Environmental May 2016 ES2 INTRODUCTION The following biological resources technical report describes a detailed assessment of potential sensitive natural resources located within the existing residential development located at 2441 Buena Vista Circle, APN 155-221-01 (Project Site). Specifically, the report has been prepared to support the California Environmental Quality Act (CEQA) documentation and Habitat Management Plan for Natural Communities (HMP) compliance review process conducted by the City of Carlsbad, Califomia. As discussed below, the assessment includes a thorough literature review, site reconnaissance characterizing baseline conditions (including floral and faunal and dominant vegetation communities), sensitive species observations, impact analysis, and proposed mitigation measures. PROJECT LOCATION/DESCRIPTION The 0.39 acre Project Site is located within the City of Carlsbad, California and extends west of Buena Vista Circle as shown in Figure 1, Regional Location Map, and Figure 2, Project Site Map. The western Project Site boundary is located adjacent to the Buena Vista Lagoon Ecological Reserve. The northem, southern and eastern boundaries are all located adjacent to existing developed lands (residential and omamental landscaping). The Project Site is located completely within the North County Multiple Habitat Conservation Program (MHCP) area and is located within the City of Carlsbad Subarea Plan Area which is managed based on the Habitat Management Plan for Natural Communities in the City of Carlsbad. As stated by SANDAG: "The Multiple Habitat Conservation Program (MHCP) is a comprehensive, multiple Jurisdictional planning program designed to develop an ecosystem preserve in northwestem San Diego County. Implementation of the regional preserve system is intended to protect viable populations of key sensitive plant and animal species and their habitats, while accommodating continued economic development and quality of life for residents of the north county region. The MHCP is one of several large multiple Jurisdictional habitat planning efforts in San Diego County (Figure 1-1), each of which constitutes a subregional plan under the State of Califomia's Natural Community Conservation Planning (NCCP) Act of 1991. The combination of the subregional MHCP plan and city subarea plans will serve as a multiple species Habitat Conservation Plan (HCP) pursuant to Section 10(a)(1)(B) of the federal Endangered Species Act (ESA), as well as an NCCP plan under the NCCP Act and the Califomia Endangered Species Act (CESA)." (SANDAG 2003a). Biological Resources Technical Report 2441 Buena Vista Circle Cadre Environmental May 2016 : t «i.«. *' |- ™ " W-^^ j t ..V * ^"W- ^ I w I 1 ^ • • < tmtwt (••»» •• vAiitT et0fS« *»|S' fAUMOMK »t w, «h qMCUM m haUm MMM CMiW •Ml IMI aiv f % Project e«ilmsTd» j•f .. •Car sbad Cl444ri Pilomw Alrpcrt fMltML*«cwrr'iT-Ttic-«CA^ Pacific Ocean miy- a fOWAT 'wM Aa m Figure 1 - Regional Location Map Biological Resources Letter Report 2441 Buena Vista Circle-APN 155-221-01 Environmental t□ Bueha Vista Lagoon EcologiealReserve G a I i fo rn i a De pa rtmfen t^o f;Ei s h^an d vWi I dj 1 r [eamiG;T4SiiTPi Figure 2 - Project Site Map Biological Resources Letter Report 2441 Buena Vista Circle-APN 155-221-01 Environmental IIESI The Project Site is located within HMP Core 1 - Focused Planning Area which includes Buena ^sta Lagoon and adjacent upland habitats. The Project Site does not occur within a Special Resource Area. Hardline Preserve Area The Project Site is not located within a proposed or existing hardline area (City of Carlsbad 1999). However, the Project Site is located immediately adjacent to the Buena Vista Lagoon Ecological Reserve. Therefore, adjacency standards will be implemented as addressed in the following report in the section titled. Regional and Regulatory Setting. Standards Area The Project Site is not located within a standards area (City of Carlsbad 1999) and therefore is not subject to Local Facilities Management Zone 1 standards (City of Carlsbad 1999). Coastal Zone The Project Site is located completely within the coastal zone and a special set of conservation standards may apply as addressed in the following report in the section titled. Regional and Regulatory Setting. The project proposes the redevelopment of an existing residence and adjacent hardscaped areas (front and back concrete patios). Specifically, all proposed improvements would occur east of top-of-slope where development has already occurred. Proposed improvements include but are not limited to the expansion of the existing footprint into currently hardscaped areas, the development of a second floor, pool construction and upgrade to the existing hardscape extending east and west of the residence. Biological Resources Technical Report 2441 Buena Vista Circle Cadre Environmental May 2016 METHODOLOGY LITERATURE REVIEW Existing biological resource conditions within and adjacent to the Project Site were initially investigated through review of pertinent scientific literature. Federal register listings, protocols, and species data provided by the United States Fish and Wildlife Service (USFWS) were reviewed in conjunction with anticipated federally listed species potentially occurring within the Project Site. The California Natural Diversity Database (ONDDB) (CDFW 2016a), a California Department of Fish and Wildlife (CDFW) Natural Heritage Division species account database, San Diego Association of Governments (SANDAG) and San Diego Natural History Museum resources, were also reviewed for all pertinent information regarding the locations of known occurrences of sensitive species in the vicinity of the property. In addition, numerous regional floral and faunal field guides were utilized in the identification of species and suitable habitats. Combined, the reviewed sources provided an excellent baseline from which to inventory the biological resources potentially occurring in the area. Other sources of information included the review of unpublished biological resource letter reports and assessments. Other CDFW reports and publications consulted include the following: • Special Animals (CDFW 2016b); • Special Vascular Plants and Bryophytes List (CDFW 2016c); • Endangered, Threatened, and Rare Plants of California (CDFW 2016d); and • State and Federally Listed Endangered and Threatened Animals of Califomia (CDFW 2016e); FIELD SURVEYS A reconnaissance survey of the Project Site was conducted in May 2016 by Ruben Ramirez of Cadre Environmental (USFWS permit 780566-13, CDFW permit 2243) in order to characterize and identify potential sensitive plant and wildlife habitats, and to establish the accuracy of the data identified in the literature search. Geologic and soil maps were examined to identify local soil types that may support sensitive taxa. Aerial photograph, topographic maps, vegetation and rare plant maps prepared for previous studies in the region were used to determine community types and other physical features that may support sensitive plants/wildlife, uncommon taxa, or rare communities that occur within or adjacent to the Project Site. Habitat assessments were conducted for, but not limited to the following target species, groups, and resources. HMP narrow endemic species Coastal Califomia gnatcatcher - FT/SSC Least Bell's vireo - FE/SE Southwestern willow flycatcher - FE/SE Southwestern pond turtle - SSC White-faced ibis - SWL Light-footed Ridgeway's rail - FE/SE Western snowy plover - FT/SSC Califomia least tern - FE/SE Biological Resources Technical Report 2441 Buena Vista Circle Cadre Environmental May 2016 • Sensitive plants • Riparian, wetland and vernal pool resources Vegetation Communities/Habitat Classification Mapping Natural community names and hierarchical structure follows the modified Holland system of classification (SANDAG 2013a). Floristic Plant Inventory A general plant survey was conducted throughout the Project Site during the initial reconnaissance in a collective effort to identify all species occurring onsite. All plants observed during the survey efforts were either identified in the field or collected and later identified using taxonomic keys. Plant taxonomy follows Hickman (1993). Scientific nomenclature and common names used in this report generally follow Roberts et al. (2004) or Baldwin et al. (2012) for updated taxonomy. Scientific names are included only at the first mention of a species; thereafter, common names alone are used. Wildlife Resources inventory All animals identified during the reconnaissance survey by sight, call, tracks, scat, or other characteristic sign were recorded onto a 1:200 scale orthorectrfied color aerial photograph or documented using a global positioning system (GPS). In addition to species actually detected, expected use of the site by other wildlife was derived from the analysis of habitats on the site, combined with known habitat preferences of regionally occurring wildlife species. Vertebrate taxonomy followed in this report is according to the Center for North American Herpetology (2013 for amphibians and reptiles), the American Ornithologists' Union (1988 and supplemental) for birds, and Baker et al. (2003) for mammals. Both common and scientific names are used during the first mention of a species; common names only are used in the remainder of the text. Regional Connectlvlty/Wlldllfe Movement Corridors The analysis of wildlife movement corridors associated with the Project Site and immediate vicinity is based on information compiled from literature, analysis of the aerial photograph data, and direct observations made in the field during the reconnaissance site visit. A literature review was conducted that includes documents on island biogeography (studies of fragmented and isolated habitat "islands"), reports on wildlife home range sizes and migration pattems, and studies on wildlife dispersal. Wildlife movement studies conducted in southem California were also reviewed. Use of field-verified digital data, in conjunction with the Geographic Information System (GIS) database, allowed proper identification of regional vegetation communities and drainage features. This information was crucial to assessing the relationship of the Project Site to large open Biological Resources Technical Report 2441 Buena Vista Circle Cadre Environmental May 2016 space areas in the immediate vicinity and was also evaluated in terms of connectivity and habitat linkages. Relative to corridor issues, the discussions in this report are intended to focus on wildlife movement associated within the Project Site and the immediate vicinity. Jurisdictional Resources Assessment The Project Site was assessed for jurisdiction resources regulated by the United States Army Corps of Engineers (USAGE), California Department of Fish and Wildlife (CDFW), and Regional Water Quality Control Board (RWQCB) in May 2016. Specifically, Global Positioning System (GPS) (subfoot) point locations were taken where wetland soils/habitats were located west of the Project Site (Buena Vista Lagoon Ecological Reserve). Biological Resources TechnlcaJ Report 2441 Buena Vista Cirde Cadre Environmental May 2016 EXISTING ENVIRONMENTAL SETTING SURROUNDING LAND USES/TOPOGRAPHY/SOILS The 0.39 acre Project Site is dominated by disturbed and developed (existing residence and ornamental landscaping) vegetation communities which is described in this report and illustrated in Figure 3, Vegetation Communities Map, and Figures 4-5, Current Project Site Photographs. As previously stated, the western Project Site boundary is located adjacent to the Buena Vista Lagoon Ecological Reserve as shown in Figure 2, Project Site Map. The existing residential development and adjacent hardscaped areas extend east of the top-of-slope which is located at approximately 42 ft. elevation above mean sea level (MSL). The undeveloped disturbed and developed (ornamental landscaping) region of the Project Site extends east from the top-of-slope at an approximately 45-degree angle down to approximately 12 ft. elevation above MSL. VEGETATION COMMUNITIES Natural community names and hierarchical structure follows the modified Holland system of classification (SANDAG 2013a). No native vegetation communities are located within the Project Site. Developed A total of 0.25 acre of developed vegetation is located within the Project Site as outlined in Table 1, Project Site Vegetation Community Acreages. This vegetation community includes the existing residential development, hardscaped areas, and ornamental landscaping located in the eastern region of the Project Site. In addition to the ornamental landscaping located adjacent to the residence, a total of 0.10 acre of ornamental landscaping is located on the western slope including sea fig {Carpobratus chilensis), African flag {Chasmanthe floribunda), albizia {Albizia lophantha), foxtail agave {Agave attenuate), pride of Madeira {Echium fastuosum), mock orange {Pittosporum tobira), blue plumbago {Plumbago auriculata), pomegranate {Punica granatum), Brazillian pepper tree {Schinus terebinthifolius), queen palm {Syagrus romanzoffiana), pampas grass {Cortaderia selloana), jade plant {Crassula ovata), and oleander {Nerium oleander). As stated by SANDAG: "Little or no short-term potential for the colonization and succession of native plant communities. Includes maintained (irrigated) exotic landscapes, buildings, pavement, exposed bedrock, and recently graded surfaces. MHCP: Developed." (SANDAG 2003b) Disturbed A small 0.04 are of disturbed habitat is located in the western region of the Project Site as outlined in Table 1, Project Site Vegetation Community Acreages. Although this habitat is generally devoid of vegetation, plant species documented within this community include red-stemmed filaree {Erodium cicutarium), crete hedypnois Biological Resources Technical Report 2441 Buena Vista Circle Cadre Environmental May 2016 {Hedypnois cretica) western ragweed (Ambrosia psilostachya), cheeseweed {Malva parviflora), wild oat {Avena fatua), common sow thistle {Sonchus oleraceus), spotted spurge {Chamaesyce maculata), and wild radish {Raphanus sativus). As stated by SAN DAG: ''Past or present physical disturbance prevalent (e.g. brushing, tilling, vehicular disturbance, etc.). Typically comprised of a mixture of grasses and forbs with grasses contributing <2/3 of the relative cover and with non- native forbs like Erodium botrys, Hypocheris glabra, Foeniculum vulgare, and Salsola kali being common dominants. Native shrub (e.g. Eriogonum fasciculatum, Baccharis sarothroides, Eriodictyon crassifolium, and Lotus scoparius) and non-native shrubs (e.g., Ricinus communis) may be patchily admixed. Substantial amounts of bare ground may exist. Potential for colonization and succession of native plant communities exists. If area is fragmented, it must have reasonable proximity to native seed sources. MHCP: Disturbed." (SANDAG 2003b) Table 1 - Project Site Vegetation Community Acreages Vegetation Community Project Site (ac) Developed 0.25 Disturbed 0.04 Developed (Ornamental Landscaping)0.10 TOTAL 0.39 Source: Cadre Environmental 2016. GENERAL PLANT & WILDLIFE SPECIES General plant species documented within the Project Site are presented in the previous section. General wildlife species documented onsite or within the vicinity during the site assessment include red-tailed hawk {Buteo jamaicensis), rock dove {Columba livia), mourning dove (Zenaida macroura), Anna's hummingbird {Calypte anna), black phoebe {Sayornis nighcans), violet-green swallow {Tachycineta thalassina), cliff swallow {Petrochelidon pyrrhonota), common yellowthroat {Geothlypis thchas), song sparrow {Melospiza melodia), red-winged blackbird {Agelaius phoeniceus), house finch {Carpodacus mexicanus), and house sparrow {Passer domesticus). JURISDICTIONAL RESOURCES ASSESSMENT No wetlands, riparian habitat or vernal pools regulated by the USAGE, CDFW, or RWQCB were documented within the Project Site. However, wetland soils and vegetation are located immediately west of the Project Site within the Buena Vista Lagoon Ecological Reserve as shown in Figure 3, Vegetation Communities Map. Biological Resources Technical Report 2441 Buena Vista Circle Cadre Environmental May 2016 ' - 4' '-' c . ih\ %»■L' ''■•■'i:- T. -' a V •> ' . * .^ i ' ^ •" *■: i^ \ »' ' « .. " ' is i ,L>:f Buetia Vista Lagoon ^ v « 1 ^^ * EGologlcal Reserve ajcV \«5^^ • ■ft ; Ca ifbrnia Coa^l and Valley Freshwater^arsh (XECdM2d12) 4 r '0 r^B®EE(mSlpTii ***■/»■> (Existing Residence) Vegetation Communities DIV Developed ?!OlS I Disturbed Developed (Ornamental Landscaping) Modified Holland Classification - MSCP ^ GPS Points-Wetland Boundary < ^ 75-80 ft. Buffer (>25% slope) Between Development and Wetlands/Conserved Land Figure 3 - Vegetation Communities Map Biological Resources Letter Report 2441 Buena Vista Circle - APN 155-221-01 Environmental IIE3I PHOTOGRAPH 1 - Northward view of Project Site from south central boundary. The Project Site is characterized as developed (residence) disturbed and ornamental vegetation. m m % PHOTOGRAPH 2 - Southwest view from the central region of the Project Site toward the Buena Vista Lagoon Ecological Reserve (offsite). The western slope is disturbed with ornamental landscaping concentrated along the boundaries. Figure 4 - Current Project Site Photographs Biological Resources Letter Report 2441 Buena Vista Circle - APN 155-221-01 Environmental r % % PHOTOGRAPH 3 - Westward view of steep western region of Project Site extending to the Buena Vista Lagoon Ecological Reserve (offsite). PHOTOGRAPH 4 - Northwest view of steep western region of Project Site extending to the Buena Vista Lagoon Ecological Reserve (offsite). Figure 5 - Current Project Site Photographs Biological Resources Letter Report 2441 Buena Vista Circle - APN 155-221-01 Environmental SENSITIVE BIOLOGICAL RESOURCES The following discussion describes the plant and wildlife species present, or potentially present within the property boundaries, that have been afforded special recognition by federal, state, or local resource conservation agencies and organizations, principally due to the species' declining or limited population sizes, usually resulting from habitat loss. Also discussed are habitats that are unique, of relatively limited distribution, or of particular value to wildlife. Protected sensitive species are classified by state and/or federal resource management agencies, or both, as threatened or endangered, under provisions of the state and federal endangered species act. Vulnerable or "at-risk" species that are proposed for listing as threatened or endangered (and thereby for protected status) are categorized administratively as "candidates" by the USFWS. CDFW uses various terminology and classifications to describe vulnerable species. There are additional sensitive species classifications applicable in California. These are described below. Sensitive biological resources are habitats or individual species that have special recognition by federal, state, or local conservation agencies and organizations as endangered, threatened, or rare. The CDFW, USFWS, and special groups like the CNRS maintain watch lists of such resources. For the purpose of this assessment sources used to determine the sensitive status of biological resources are: Plants: USFWS (2016), CDFW (2016c, 2016d), CNDDB (2016a), and CNPS (Skinner and Pavlik 1994), City of Carlsbad HMP (1999), Wildlife: California Wildlife Habitat Relationships Database System (CWHRDS 1991), USFWS (2016), CDFW (2016b, 2016e), CNDDB (2016a), City of Carlsbad HMP (1999). Habitats: CNDDB (2016a), City of Carlsbad HMP (1999). FEDERAL PROTECTION AND CLASSIFICATIONS The Federal Endangered Species Act of 1973 (FESA) defines an endangered species as "any species that is in danger of extinction throughout all or a significant portion of its range..." Threatened species are defined as "any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range." Under provisions of Section 9(a)(1)(B) of the FESA it is unlawful to "take" any listed species. 'Take" is defined as follows in Section 3(18) of the FESA: "...harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct." Further, the USFWS, through regulation, has interpreted the terms "harm" and "harass" to include certain types of habitat modification as forms of a "take." These interpretations, however, are generally considered and applied on a case-by-case basis and often vary from species to species. In a case where a property owner seeks permission from a federal agency for an action that could affect a federally listed plant and animal species, the property owner and agency are required to consult with USFWS. Section 9(a)(2)(b) of the FESA addresses the protections afforded to listed plants. Recently, the USFWS instituted changes in the listing status of former candidate species. Former C1 (candidate) species are now Biological Resources Technical Report 2441 Buena Vista Circle Cadre Environmental May 2016 13 referred to simply as candidate species and represent the only candidates for listing. Former C2 species (for which the USFWS had insufficient evidence to warrant listing at this time) and C3 species (either extinct, no longer a valid taxon or more abundant than was formerly believed) are no longer considered as candidate species. Therefore, these species are no longer maintained in list form by the USFWS, nor are they formally protected. However, some USFWS field offices have issued memoranda stating that fonner C2 species are henceforth to be considered Federal Species of Concem. This term is employed in this document, but carries no official protections. All references to federally protected species in this report (whether listed, proposed for listing or candidate) include the most current published status or candidate category to which each species has been assigned by USFWS. For purposes of this assessment, the following acronyms are used for federal status species: FE Federal Endangered FT Federal Threatened FPE Federal Proposed Endangered FPT Federal Proposed Threatened FC Federal Candidate for Listing The designation of critical habitat can also have a significant impact on the development of land designated as "critical habitat." The FESA prohibits federal agencies from taking any action that will "adversely modify or destroy critical habitat (16 U.S.C. § 1536(a)(2)). This provision of the FESA applies to the issuance of permits by federal agencies. Before approving an action affecting critical habitat, the federal agency is required to consult with the USFWS who then issues a biological opinion evaluating whether the action will "adversely modify" critical habitat. Thus, the designation of critical habitat effectively gives the USFWS extensive regulatory control over the development of land designated as critical habitat. The Migratory Bird Treaty Act of 1918 (MBTA) makes it unlawful to "take" any migratory bird or part, nest, or egg of such bird listed in wildlife protection treaties between the United States and Great Britain, the Republic of Mexico, Japan, and the Union of Soviet States. For purposes of the MBTA, "take" is defined as to pursue, hunt, capture, kill, or possess or attempt to do the same. The Bald Eagle and Golden Eagle Protection Act explicitly protects the bald eagle and golden eagle and imposes its own prohibition on any taking of these species. As defined in this act, take means to pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, or molest or disturb. Current USFWS policy is not to refer the incidental take of bald eagles for prosecution under the Bald Eagle and Golden Eagle Protection Act (16 U.S.C. 668-668d). STATE PROTECTION AND CLASSIFICATIONS Califomia's Endangered Species Act (CESA) defines an endangered species as "...a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant which Biological Resources Technical Report Cadre Environmental 2441 Buena VIsta Circte May 2016 14 is In serious danger of becoming extinct throughout all, or a significant portion, of its range due to one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, or disease." The State defines a threatened species as "...a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that, although not presently threatened with extinction, is likely to become an endangered species in the foreseeable future in the absence of the special protection and management efforts required by this chapter. Any animal determined by the commission as rare on or before January 1, 1985 is a threatened species." Candidate species are defined as "...a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that the commission has formally noticed as being under review by the department for addition to either the list of endangered species or the list of threatened species, or a species for which the commission has published a notice of proposed regulation to add the species to either list." Candidate species may be afforded temporary protection as though they were already listed as threaten^ or endangered at the discretion of the Fish and Game Commission. Unlike FESA, CESA does not include listing provisions for invertebrate species. Article 3, Sections 2080 through 2085, of CESA addresses the taking of threatened or endangered species by stating "No person shall import into this state, export out of this state, or take, possess, purchase, or sell within this state, any species, or any part or product thereof, that the commission determines to be an endangered species or a threatened species, or attempt any of those acts, except as otherwise provided..." Under CESA, "take" is defined as "...hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill." Exceptions authorized by the state to allow "take" require "...permits or memorandums of understanding..." and can be authorized for "...endangered species, threatened species, or candidate species for scientific, educational, or management purposes." Sections 1901 and 1913 of the Califomia Fish and Game Code provide that notification is required prior to disturbance. Additionally, some sensitive mammals and birds are protected by the State as Fully Protected Mammals or Fully Protected Birds, as described in the Califomia Fish and Game Code, Sections 4700 and 3511, respectively. CSC ("special" animals and plants) listings include special status species, including all state and federal protected and candidate taxa. Bureau of Land Management (BLM) and US Forest Service (USFS) sensitive species, species considered to be declining or rare by the CNPS or National Audubon Society, and a selection of species which are considered to be under population stress but are not formally proposed for listing. This list is primarily a working document for the CDFWs CNDDB project. Informally listed taxa are not protected per se, but warrant consideration in the preparation of biotic assessments. For some species, the CNDDB is only concerned with specific portions of the life history, such as roosts, rookeries, or nest sites. For the purposes of this assessment, the following acronyms are used for State status species; SE State Endangered ST State Threatened SCE State Candidate Endangered BioJogical Resources Tectinical Report 2441 Buena Vlsta Circte Cadre Environmental May 2016 15 SCT State Candidate Threatened SFP State Fully Protected SP State Protected SR State Rare 830 California Species of Special Concem SWL California Watch List The CNPS is a private plant conservation organization dedicated to the monitoring and protection of sensitive species in the State. This organization has complied an Inventory comprised of the information focusing on geographic distribution and qualitative characterization of rare, threatened, or endangered vascular plant species of Califomia (Tibor 2001). The list serves as the candidate list for listing as threatened and endangered by CDFW. The CNPS has developed five categories of rarity (GRPR): CRPR 1A Presumed extinct in Califomia. CRPR IB Rare, threatened, or endangered in California and elsewhere. CRPR 2 Rare, threatened, or endangered in California, but more common elsewhere. CRPR 3 Plants about which we need more information - a review list. CRPR 4 Species of limited distribution in Califomia (i.e., naturally rare in the wild), but whose existence does not appear to be susceptible to threat. As stated by the CNPS: "Threat Rank is an extension added onto the Caiifomia Rare Plant Rank and designates the level of endangerment by a 1 to 3 ranking with 1 being the most endangered and 3 being the least endangered. A Threat Rank is present for all Caiifomia Rare Plant Rank 1B's, 2's, 4's, and the majority of Califomia Rare Plant Rank 3's. Caiifomia Rare Plant Rank 4 plants are seldom assigned a Threat Rank of 0.1, as they generally have large enough populations to not have significant threats to their continued existence in Califomia; however, certain conditions exist to make the plant a species of concem and hence be assigned a Califomia Rare Plant Rank, in addition, aii Caiifomia Rare Plant Rank 1A (presumed extinct in Caiitbmia), and some Caiifomia Rare Plant Rank 3 (need more information) plants, which lack threat information, do not have a Threat Rank extension." (CNPS 2010) 0.1 Seriously threatened in Califomia (over 80% of occurrences threatened / high degree and immediacy of threat) 0.2 Fairly threatened in Califomia (20-80% occurrences threatened / moderate degree and immediacy of threat) 0.3 Not very threatened in Califomia (<20% of occurrences threatened / low degree and immediacy of threat or no current threats known) Biological Resources Technical Report Cadre Environmental 2441 Buena Vista Circle May 2016 16 SENSITIVE HABITATS As stated by CDFW: "One purpose of the vegetation classification is to assist in determining the level of rarity and imperilment of vegetation types. Ranking of alliances according to their degree of impediment (as measured by rarity, trends, and threats) follows NatureServe's Heritage Methodoloav. in which all alliances are listed with a G (global) and S (state) rank. For alliances with State ranks of 31-33, all associations within them are also considered to be highly imperilecT (CDFW 2010) No sensitive wetland or upland habitats regulated by CDFW or the HMP occur within the Project Site. Disturbed and developed (existing residential and ornamental landscaping do not represent a sensitive habitat. SENSITIVE PLANTS No native vegetation occurs within the Project Site. The Project Site is either developed or dominated by ornamental and exotic species. No suitable habitat occurs within the heavily disturbed/developed property for sensitive plant species know to occur within the region. The project proposes the redevelopment of an existing residence and adjacent hardscaped areas (front and back concrete patios). Specifically, all proposed improvements would occur east of top-of-slope where development has already occurred. SENSITIVE WILDLIFE No native vegetation occurs within the Project Site. The Project Site is either developed or dominated by ornamental and exotic species. No suitable habitat occurs within the heavily disturbed/developed property for sensitive wildlife species know to occur within the region. The project proposes the redevelopment of an existing residence and adjacent hardscaped areas (front and back concrete patios). Specifically, all proposed improvements would occur east of top-of-slope where development has already occurred. REGIONAL CONNECTIVITY/WILDLIFE MOVEMENT CORRIDORS The Project Site is bordered on the entire southern, northern and eastern boundaries by existing development and omamental landscaping. Also, the Project Site is delineated by a chain-linked and wood fence. The Project Site is not located within a linkage or Special Resource Area (City of Carlsbad 1999). Biological Resources Technical Report 2441 Buena Vista Circle Cadre Envlronmentai May 2016 17 REGIONAL AND REGULATORY SETTING The following section describes the project compliance with local federal and state regulations. LOCAL As stated by the City of Carlsbad: Multiple Habitat Conservation Program "Under the California NCCP Act, the cities of Carlsbad, Encin'rtas, Escondido, Oceanside, San Marcos, Solana Beach, and Vista participated in the preparation of the MHCP, a comprehensive plan that addresses the needs of multiple plant and animal species in northwestem San Diego County. The MHCP Subregional Plan was adopted and certified by the San Diego Association of Govemments (SANDAG) Board of Directors in March 2003. The intent is that each jurisdiction will implement their respective portions of the MHCP Plan through c'rtywide "subarea" plans, which describe the specific policies each city will institute for the MHCP.4" (City of Carlsbad 2014) Habitat Management Plan for Natural Communities in the City of Carlsbad "The City of Carlsbad prepared a subarea plan as a part of the MHCP, called the "Habitat Management Plan for Natural Communities in the City of Carlsbad," (HMP) which was adopted by the Carlsbad City Council in November 2004. The HMP outlines specific conservation, management, facility siting, land use, and other measures that the city will take to preserve the diversity of habitat and protect sensitive biological resources in the city while also allowing for additional development and growth as anticipated under the city's General Plan. Formal approval and adoption of the HMP occurred through issuance of a permit by wildlife agencies, namely USFWS and CDFW, as well as execution of an implementation agreement between the city and the wildlife agencies. To date, Carlsbad's HMP is the only adopted subarea plan in the MHCP subregion. The Carlsbad HMP preserve contains natural habitats that are necessary to sustain threatened, listed, or sensitive species, and to maintain biological value. According to the permit issued by the wildlife agencies, the HMP is required to establish a preserve of 6,478 acres of natural habitat (within the city's Jurisdictional boundary), as well as an additional 308 acres of "core area" habitat for the coastal Califomia gnatcatcher (outside of the city's Jurisdiction). One of the HMP management goals Is to conserve a full range of vegetation community types, with an emphasis on sensitive habitat types. As part of the HMP, the city is required to preserve 6,478 acres of land within the city's Jun'sdictional boundaries and an additional 308 acres of habitat for the coastal Califomia gnatcatcher outside of the city's jurisdiction (i.e., "gnatcatcher core"). The number of acres of each habitat projected to be conserved in the HMP is given in Table 3.3-2, for a total of 6,786 acres. As shown in Table 3.3-3, as of October 31, 2012, the city had preserved 5,877 acres within the city's boundaries (91 percent of the HMP target) and 280 acres outside the city's boundaries (91 percent of the HMP target) for the gnatcatcher core; there is a remaining 601 acres within the city's boundaries and 28 acres outside the city's boundaries to be preserved to meet the HMP requirements." (City of Carlsbad 2014) Biological Resources Technical Report 2441 Buena Vista Circle Cadre Environmental May 2016 18 Habitat Management Plan for Natural Communities In the City of Carlsbad Consistency Analysis City of Carlsbad Coastal Zone Conservation Standards Envlronmentallv Sensitive Habitat Areas (ESHA) Environmental Sensitive Habitat Areas (ESHA) shall be protected against significant disruption of habitat values. Only uses dependent on those resources shall be allowed within those areas. ESHA is defined 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." No native vegetation occurs within the Project Site. The project proposes the redevelopment of an existing residence and adjacent hardscaped areas (front and back concrete patios). Specifically, all proposed improvements would occur east of top-of- slope where development has already occurred. The proposed project is in compliance with the standard. Coastal Sage Scrub Conserve a minimum of 67% of the coastal sage scrub habitat and 75% of the gnatcatchers onsite. No native vegetation occurs within the Project Site. The project proposes the redevelopment of an existing residence and adjacent hardscaped areas (front and back concrete patios). Specifically, all proposed improvements would occur east of top-of- slope where development has already occurred. The proposed project is in compliance with the standard. Wetlands No impacts to wetlands are allowed except where stated in the Califomia Public Resources Code Section 30233. If impacts to wetlands are allowed, mitigation shall be provided at a ratio of 3:1 for riparian impacts and 4:1 for impacts to saltwater or freshwater wetland, or marsh. No wetlands or riparian habitats are located within the Project Site. The proposed project is in compliance with the standard. No Net Loss of Habitats A no net loss standard applies to coastal sage scrub, maritime succulent scrub, southern maritime chaparral, southern mixed chaparral, native grassland, and oak woodland. Mitigation shall include a creation component that achieves the no-net-loss standard. Substantial restoration may be substituted for creation if approved by wildlife agencies and California Coastal Commission. Biological Resources Technical Report 2441 Buena Vista Circle Cadre Environmental May 2016 19 No native vegetation occurs within the Project Site. The project proposes the redevelopment of an existing residence and adjacent hardscaped areas (front and back concrete patios). Specifically, all proposed improvements would occur east of top-of- slope where development has already occurred. The proposed project is in compliance with the standard. Upland Habitat Mitigation will typically include creation at a ratio of least 1:1. Onsite mitigation is not eligible for mitigation credit in the Coastal Zone. Onsite or offsite areas may be used for mitigation if habitat is disturbed and suitable for restoration or enhancement, or if habitat is devoid of habitat value and therefore eligible for the 1:1 creation/substantial restoration mitigation component. Mitigation should be provided within the Coastal Zone. No native vegetation occurs within the Project Site. The project proposes the redevelopment of an existing residence and adjacent hardscaped areas (front and back concrete patios). Specifically, all proposed improvements would occur east of top-of- slope where development has already occurred. The proposed project is in compliance with the standard. Hiqhiv Constrained Properties (a) If more than 80% of property is covered with ESHA, at least 75% of the property shall be conserved, or (b) If the City approves a hardline preserve boundary for these properties as part of the HMP, the amount of onsite preservation as identified in the hardline boundary will apply. No native vegetation occurs within the Project Site. The project proposes the redevelopment of an existing residence and adjacent hardscaped areas (front and back concrete patios). Specifically, all proposed improvements would occur east of top-of- slope where development has already occurred. The proposed project is in compliance with the standard. Buffers and Fuel Modification Zones Minimum buffers between all preserved habitat and development are (a) 100 ft. for wetlands; (b) 50 ft. for riparian areas; (c) 20 ft. for native uplands • No development, grading, or alteration shall occur within a buffer except (a) Fuel modification in Zone 3 to max of 20 ft. for upland and non-riparian habitat, and not within 50 ft. of riparian, wetland or oak woodland habitat; (b) some recreational trails and paths (see 7-11 for details) • Buffer areas that do not contain native habitat will be landscaped using native plants. No native vegetation occurs within the Project Site. The project proposes the redevelopment of an existing residence and adjacent hardscaped areas (front and back concrete patios) which are located between 75 to 80 ft. west from wetlands and conserved land located offsite (Buena Vista Lagoon Ecological Reserve). Specifically, all proposed improvements would occur east of top-of-slope ft. elevation MSL) ^7- Biological Resources Technical Report 2441 Buena Vista Circle Cadre Environmental May 2016 20 where development has already occurred. The slope extending west from the existing development is greater than 25 degrees. The proposed project is in compliance with the standard. Grading and Landscaping See model grading ordinance in Carlsbad Master Drainage Plan; (a) Grading in the Coastal Zone has generally been prohibited during the rainy season, Oct 1 to April 1; (however, pursuant to revisions to the City Zoning Ordinance processed through a Local Coastal Plan Amendment, grading is allowed if appropriate Best Management Practices (BMPs) are established); (b) All graded areas will be landscaped by October 1 to reduce erosion. Exceptions to these guidelines may be approved as described in 7-12. For example, habitat should not be cleared during the bird breeding season (Sept 15 - March 15) unless birds are cleared from the habitat first. Project initiation will comply with all standards including compliance with the federal Migratory Bird Treaty Act (MBTA) as discussed in the section titled, Environmental Impacts. The proposed project is in compliance with the standard. Parcel-Specific Standards The following properties have parcel specific standards: (a) city owned lands adjacent to Macario Canyon and Veterans Memorial Park, and (b) specific parcels in Zones 20 and 21 that are located within biological core and linkage areas. The Project Site is not City owned or adjacent to Macario Canyon, and not located in Zones 20 or 21 where biological core or linkages areas have been designated. The proposed project is in compliance with the standard. MHCP/HMP Sensitive Species No native vegetation occurs within the Project Site. The Project Site is either developed or dominated by ornamental and exotic species. No suitable habitat occurs within the heavily disturbed/developed property for sensitive plant or wildlife species know to occur within the region. The project proposes the redevelopment of an existing residence and adjacent hardscaped areas (front and back concrete patios). Specifically, all proposed improvements would occur east of top-of-slope where development has already occurred. City of Carlsbad General Plan - Open Space and Conservation Element As outlined below, the Draft City of Carlsbad General Plan Open Space and Conservation Elements (Chapter 4 - Recreational Element Excluded) Goals and Polices for the preservation and protection of critical open space and natural resources have been incorporated into the project design and mitigation approach, as warranted. Biological Resources Technical Report 2441 Buena Vista Circle Cadre Environmental May 2016 21 Goals - Biological Resources and Open Space for Conservation 4-G.2 Protect environmentally sensitive lands, wildlife habitats, and rare, threatened or endangered plant and animal communities. 4-G.3 Promote conservation of hillsides and ridgelines. No native vegetation occurs within the Project Site. The Project Site is either developed or dominated by ornamental and exotic species. No suitable habitat occurs within the heavily disturt>ed/developed property for sensitive plant or wildlife species know to occur within the region. The project would not conflict with the goal of conserving undeveloped hillsides and ridgelines. Project initiation would not conflict with the goal of protecting sensitive habitats and lands occupied by rare and/or threatened/endangered species. Policies - Open Space Framework The Project Site is characterized as disturbed/developed and would not conflict with the goal of developing an Open Space Framework. Poiicies - Habitat and Open Space Conservation The proposed project has been designed to ensure compliance with all HMP standards and provisions including the protection of sensitive resources, adjacency guidelines, and wildlife corridor analysis. Project initiation would not conflict with the goal of the HMP. Poiicies - Water Quality No wetlands, riparian habitat or vernal pools regulated by the USAGE, CDFW, or RWQCB were documented within the Project Site. ITie project proposes the redevelopment of an existing residence and adjacent hardscap^ areas. Project initiation would not conflict with water quality policies. FEDERAL Federai Endangered Species Act The MHCP and City of Carlsbad HMP serve as an HCP pursuant to Section 10(a)(1)(B) of the FESA of 1973, allowing participating jurisdictions to authorize "take" of plant and wildlife species. The MHCP has been issued under this Section and provides incidental take for all covered species. Clean Water Act The USAGE Regulatory Program regulates activities pursuant to Section 404 of the federal CWA. BloJogical Resources Technical Report 2441 Buena Vista Circle Cadre Environmental May 2016 22 Although not expressly defined it is assumed that the USAGE Manual (Environmental Laboratory 1987) for delineating wetlands should be used in determining the presence of wetland indicators in vemal pools. With the exception of wetlands created for the purpose of providing wetlands habitat or resulting from human actions to create open waters or from the alteration of natural stream courses, areas demonstrating characteristics as described above which are artificially created are not included in these definitions. As stated by the USAGE: "(a) The term waters of the United States means, (1) all waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (2) all interstate waters including interstate wetlands; and (3) all other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce including any such waters" (33 G.F.R. § 328.3). The USAGE generally takes jurisdiction within rivers and streams to the "ordinary high water mark," determined by erosion, the deposition of vegetation or debris, and changes in vegetation or soil characteristics (33 G.F.R. § 328.4). However, if there is no federal nexus to navigable waters, these waters are considered "isolated" and thus not subject to their jurisdiction. Migratory Bird Treaty and Bald and Golden Eagle Protection Acts Migratory birds including resident raptors and passerines are protected under the federal MBTA. The MBTA of 1918 implemented the 1916 convention between the United States and Great Britain for the protection of birds migrating between the U.S. and Ganada. Similar conventions between the United States and Mexico (1936), Japan (1972) and the Union of Soviet Socialists Republics (1976) further expanded the scope of intemational protection of migratory birds. Each new treaty has been incorporated into the MBTA as an amendment and the provisions of the new treaty are implemented domestically. These four treaties and their enabling legislation, the MBTA, established Federal responsibilities for the protection of nearly all species of birds, their eggs and nests. The MBTA makes it illegal for people to "take" migratory birds, their eggs, feathers or nests. Take is defined in the MBTA to include by any means or in any manner, any attempt at hunting, pursuing, wounding, killing, possessing or transporting any migratory bird, nest, egg, or part thereof. The Bald and Golden Eagle Protection Act affords additional protection to all bald and golden eagles. STATE California Endangered Species Act The GESA is similar to FESA in that it contains a process for listing of species regulating potential impacts to listed species. Section 2081 of the GESA authorizes the GDFW to enter into a memorandum of agreement for take of listed species for scientific. Biological Resources Technical Report 2441 Buena Vista Circle Cadre Environmental May 2016 23 educational, or management purposes. The MHCP and City of Carlsbad HMP serve as an HCP pursuant the Natural Communities Conservation Plan (NCCP) under the NCCP Act of 2001, allowing participating jurisdictions to authorize "take" of plant and wildlife species. 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 plants that are listed. The CESA follows the NPPA and covers both plants and wildlife determined to be threatened with extinction or endangered. Plants listed as rare under the NPPA are designated as threated under the CESA. Porter-Cologne Water Quality Control Act The RWQCB regulates activities pursuant to Section 401(a)(1) of the federal CWA as well as the Porter Cologne Water Quality Control Act of 1969 (Califomia Water Code section 13260). Section 401 of the CWA specifies that certification from the State is required for any applicant requesting a federal license or permit to conduct any activity including but not limited to the construction or operation of facilities that may result in any discharge into navigable waters. The certification shall originate from the State in which the discharge originates or will originate, or, if appropriate, from the interstate water pollution control agency having jurisdiction over the navigable water at the point where the discharge originates or will originate. Any such discharge will comply with the applicable provisions of Sections 301, 302, 303, 306, and 307 of the CWA. The Porter Cologne Act requires "any person discharging waste, or proposing to discharge waste, within any region that could affect the waters of the state to file a report of discharge (an application for waste discharge requirements (WDRs))" (Water Code § 13260(a)(1)). Discharge of fill material into "waters" of the State which does not fall under the jurisdiction of the USACE pursuant to Section 404 of the CWA may require authorization through application for WDRs or through waiver of WDRs. Streambed Alteration Agreement The CDFW regulates activities within streambeds, lakes, and wetlands pursuant to Division 2, Chapter 6, Section 1600 of the Califomia Fish and Game Code (Streambed Alteration) and has jurisdiction of "waters" of the State. Regulated activities are those that "will substantially divert, obstruct, or substantially change the natural flow or bed, channel or bank of any river, stream, or lake or extends to the limit of the adjacent riparian vegetation designated by the department in which there is at any time an existing fish or wildlife resource or from which these resources derive benefit." (Califomia. Fish & Wildlife Code, § 1602). Biological Resources Technical Report 2441 Buena Vista Circle Cadre Environmental May 2016 24 ENVIRONMENTAL IMPACTS The following sections include an analysis of the direct impacts, indirect impacts, and cumulative effects of the proposed action on sensitive biological resources. This analysis characterizes the project related activities that are anticipated to adversely impact the species, and when feasible, quantifies such impacts. Direct effects are defined as actions that may cause an immediate effect on the species or its habitat, including the effects of interrelated actions and interdependent actions. Indirect effects are caused by or result from the proposed actions, are later in time, and are reasonably certain to occur. Indirect effects may occur outside of the area directly affected by the proposed action. Cumulative impacts refer to incremental, individual environmental effects of two or more projects when considered together. These impacts taken individually may be minor but may be collectively significant. Cumulative effects include future tribal, local, or private actions that are reasonably certain to occur in the proposal vicinity considered in this report. A cumulative impact to biological resources may occur if a project has the potential to collectively degrade the quality of the environment, substantially reduce the habitat of wildlife species or cause a population to drop below self-sustaining levels, thereby threatening to eliminate a plant or animal community, or reduce the number or restrict the range of a rare or endangered plant or animal species. THRESHOLD OF SIGNIFICANCE The environmental impacts relative to biological resources are assessed using impact significance criteria which mirror the policy statement contained in the CEQA at Section 21001 (c) of the Public Resources Code. This section reflects that the legislature has established it to be the policy of the state to: "Prevent the elimination offish and wildlife species due to man's activities, ensure that fish and wildiife populations do not drop below self- perpetuating ievels, and preserve for future generations representations of all plant and animal communities..." The following definitions apply to the significance criteria for biological resources: • "EndangerecT means that the species is listed as endangered under state or federal law. • "ThreatenecT means that the species is listed as threatened under state or federal law. • "Rare" means that the species exists in such small numbers throughout all or a significant portion of its range that it may become endangered if its environment worsens. • "Region" refers to the area within southern California that is within the range of the individual species. Biological Resources Technical Report 2441 Buena Vista Circle Cadre Environmental May 2016 25 • "Sensitive habitaf refers to habitat for plants and animals (1) which plays a special role in perpetuating species utilizing the habitat on the property, and (2) without which there would be substantial danger that the population of that species would drop below self-perpetuating levels. • "Substantiai effect means significance loss or harm of a magnitude which, based on current scientific data and knowledge, (1) would cause a species or a native plant or animal community to drop below self-perpetuating levels on a statewide or regional basis or (2) would cause a species to become threatened or endangered. Impacts to biological resources may result in a significant adverse impact if one or more of the following conditions would result from implementation of the proposed project. • Have a substantial adverse effect, either directly or through habitat modification, on any endangered, or threatened species, as list^ in Tittle 14 of the California Code of Regulations (Sections 670.2 or 670.5) or Trtle 50, Code of Federal Regulations (Sections 17.11 or 17.12). No impact. • Have a substantial adverse effect, either directly or through habitat modification, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS, and meets the definition of Section 15380 (b), (c), or (d) of the CEQA Guidelines. No impact. • Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the CDFW or USFWS. No impact. • Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the CWA (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. No impact. • Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established native resident migratory wildlife corridors, or impede the use of native nursery sites. Less than significant with mitigation incorporated. • Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. No impact. • Conflict with the provisions of an adopted HCP, NCCP, or other approved local, regional, or state conservation plan. No impact. Also, the determination of impacts has been made according to the federal definition of "take". FESA prohibits the "taking of a member of an endangered or threatened wildlife species or removing, damaging, or destroying a listed plant species by any person (including private individuals and private or government entities). FESA defines "take" as "to harass, harm, pursue, hunt, shoot, would, kill, trap, capture or collect an endangered or threatened species, or to attempt to engage in these activities. Biological Resources Technical Report 2441 Buena Vista Circle Cadre Environmental May 2016 26 DIRECT IMPACTS Vegetation Communities A total of 0.25 acre of onsite vegetation communities will be directly impacted as a result of project implementation as summarized in Table 2, Vegetation Community impacts, and illustrated on Figure 6, Vegetation Communities Impact Map. Direct impacts to developed habitat will not require mitigation. No Impact. Table 2 -Vegetation Community Impacts Vegetation Community Total Permanent Assessment Onsite Area (ac)impact (ac) *Developed 0.25 0.25 Disturbed 0.04 0.00 *Developed (Ornamental Landscaping)0.10 0.00 TOTAL 0.39 0.25 Source: Cadre Environmental 2016. 'Excluded from per acre mitigation fee requirement. Sensitive Plants The proposed project would not impact any federal/state threatened or endangered plant species. No suitable habitat occurs within the developed property for sensitive plant species know to occur within the region. No impact. Sensitive Wildlife The proposed project would not impact any federal/state threatened or endangered wildlife species. No suitable habitat occurs within the developed property for sensitive wildlife species know to occur within the region. No impact. Implementation of the proposed project may result in direct impacts to common passerine foraging and nesting habitat. Common bird species are expected to utilize the omamental landscaping for nesting activities. The loss of an active passerine nest would be considered a violation of the CDFW Code, Section 3503, 3503.5, 3513 and MBTA. Mitigation for potential direct/indirect impacts to common passerine species will require compliance with the federal MBTA. Construction outside the nesting season (between September 16^ and February 14'^) do not require pre-removal nesting bird surveys. The loss of any nest, roosting and/or foraging habitat would be considered a potentially significant impact. Impacts to common passerine nesting habitat would be reduced to less than significant with the implementation of BIO-MMI. Biological Resources Technical Report Cadre Environmental 27 2441 Buena Vista Circle May 2016 |#Sv ^ ^ /' ' ' 1??, i If • n i"#^/., p * V . / Bueha Vist^ La'goon ^ V.' \ \ * Ecolo^iear^serve "■-'lifornia Departmfentiof4^shian;d^i[dlifa^ •• Jp- ,M-?' >* -'^v.« • vSOh Jf^\- / Ki IS 'PJ 'P. ' ? HfSMlJEWfiSliTii ' • Av I " (^xi9t)na R9s1<(»i:k») ft "♦ • Vegetation Communities DIV Developed DIS Disturbed |0RN| Developed (Ornamental Landscaping) Modified Holland Classification - MSCP XXX Project Site Impact Area ^ 75-80 ft. Buffer (>25% slope) Between Development and Wetlands/Conserved Land Figure 6 - Vegetation Communities Impact Map Biological Resources Letter Report 2441 Buena Vista Circle -APN 155-221-01 Environmental IIE3I Jurisdictional Resources No wetlands, riparian habitat or vernal pools regulated by the USAGE, CDFW, or RWQCB were documented within the Project Site. No impact. Wildlife Movement within Project Site The Project Site is bordered on the entire northern, southern and eastern boundaries by existing development. The Project Site does not represent a travel route, wildlife corridor or wildlife crossing. No impact. City of Carlsbad General Plan - Open Space and Conservation Element All project elements are consistent with the provisions and goals of the MHOP, HMP and City of Carlsbad Draft General Plan. Hardline Preserve Area The Project Site is not located within a proposed or existing hardline area (City of Carlsbad 1999). However, the Project Site is located immediately adjacent to the Buena Vista Lagoon Ecological Reserve and adjacency standards will be implemented as addressed in the following section. Indirect Impacts. Standards Area The Project Site is not located within a standards area (City of Carlsbad 1999) and therefore is not subject to Local Facilities Management Zone 8 standards (City of Carlsbad 1999). , Coastal Zone The Project Site is located completely within the coastal zone and a special set of conservation standards has been reviewed as addressed in the following report in the section titled. Regional and Regulatory Setting. INDIRECT IMPACTS The following section addresses potential indirect impacts associated with proposed development adjacent to existing or proposed open space areas. Specifically, the outline summarizes the proposed project respective of each HMP adjacency standard for properties in proximity to a conserved open space area. All adjacency standards will be implemented as Conditions of Approval for proposed development adjacent to the Buena Vista Lagoon Ecological Reserve located adjacent to the western portion of the Project Site. Biological Resources TectinlcaJ Report 2441 Buena Vlsta Circle Cadre Environmental May 2016 29 Fuel Management Where existing Hardline Preserve areas are adjacent to existing developed areas, the fuel management zone may continue to encroach into the preserve. However, where new development or preservation is planned, fuel management must be incorporated within the development boundaries and cannot encroach into the preserve. No fuel management zones are proposed west of the existing residential development. No impact. Positioning of Fuel Modification Areas Fuel reduction zones, fire breaks and access routes should be positioned to (1) avoid sensitive biological resources, (2) be located at the top or bottom of (not across) a slope, or (3) be located along existing fire breaks where available. No fuel modification zones are proposed west of the existing residential development. No impact. Erosion Control Measures Erosion control measures should be implemented to avoid new surface drainage or erosion within or near the preserve. The project proposes the redevelopment of an existing residence and adjacent hardscaped areas (front and back concrete patios). Specifically, all proposed improvements would occur east of top-of-slope where development has already occurred. Non-Native/Invasive Species The use of non-native or invasive plant species in landscaping for public projects adjacent to preserves is prohibited. The project proposes the redevelopment of an existing residence and adjacent hardscaped areas (front and back concrete patios). Specifically, all proposed improvements would occur east of top-of-slope where development has already occurred. Native Plants Native plants used for restoration or revegetation should be obtained from local genetic stock to avoid genetic contamination of native species. The project proposes the redevelopment of an existing residence and adjacent hardscaped areas (front and back concrete patios). Specifically, all proposed improvements would occur east of top-of-slope where development has already occurred. Biological Resources Technical Report 2441 Buena Vista Circle Cadre Environmental May 2016 30 Irrigation Runoff Irrigation runoff should be prevented from entering into the preserve from adjacent landscaping to reduce nitrogen, pesticides, and excess moisture. Storm water treatment systems will be designed to prevent the release of toxins, chemicals, petroleum products, exotic plant material, or other elements that could degrade or harm downstream biological or aquatic resources. Toxic sources within the Project Site would t>e limited to those commonly associated with mixed use development, such as pesticides, insecticides, herbicides, fertilizers, and vehicle emissions. In order to mitigate for the potential effects of these toxics, the project will incorporate structural BMPs, as required in association with compliance with WDRs and the NPDES permit system, in order to reduce the level of toxins introduced into the drainage system and the surrounding areas. The project proposes the redevelopment of an existing residence and adjacent hardscaped areas (front and back concrete patios). Specifically, all proposed improvements would occur east of top-of-slope where development has already occurred. Signage and Fencing Signage and fencing should be used as necessary to prevent harmful or unauthorized use of the adjacent preserve, and to protect animals from road kill mortality. Fences that restrict animal movement across movement corridors and habitat linkages should be removed. Not applicable. Lighting Lighting adjacent to preserves should be reduced (low pressure sodium lighting) and/or shielded. Potentially significant indirect impacts as a result of lighting use adjacent to HMP Hardline Preserve areas would be precluded by project compliance with the HMP Adjacency Standards. Night lighting associated with the proposed redevelopment that is adjacent to existing or proposed conserved open space areas would be directed away to reduce potential indirect impacts to wildlife species. Therefore, no significant impacts from lighting are anticipated to result as a result of project initiation. Noise The project has the potential for significant indirect impacts to nesting birds, including migratory birds, due to noise levels generated during project construction within the general bird breeding season (February to September 15"^). Mitigation measures to avoid indirect impacts from noise to nesting birds are identified in BI0-MM1. Additionally, project design features intended to further reduce potential noise impacts include the following: Biological Resources Technical Report 2441 Buena Vista Circle Cadre Environmental May 2016 31 • The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the Project Site. • The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and sensitive receptors nearest the Project Site during all project construction. • The construction contractor shall limit all construction-related activities that would result in high noise levels according to the construction hours to be determined by City of Carlsbad staff. Therefore, no significant impacts from noise generating equipment during the breeding season are anticipated to result. CUMULATIVE IMPACTS The temporary direct and/or indirect impacts of the project would not result in significant cumulative impacts (CEQA Section 15310) to environmental resources within the region of the Project Site. Cumulative impacts refer to incremental effects of an individual project when assessed with the effects of past, current, and proposed projects. The project would result in the redevelopment of 0.25 acre of existing residential/hardscaped conditions. The MHCP and HMP were developed to address the comprehensive regional planning effort and anticipated growth in the of Carlsbad. The proposed project has been designed and mitigated to remain in compliance with all MHCP and HMP conservation goals and guidelines and therefore will not result in an adverse cumulative impact. Biological Resources Technical Report 2441 Buena Vista Circle Cadre Environmental May 2016 32 MITIGATION MEASURES The following biological mitigation measure address the adverse impact determined to be potentially significant, or is relevant to the protection of biological resources to the extent practicable as part of ensuring compliance and consistency with all MHCP and HMP conservation goals and guidelines. BI0-MM1 Federal Migratory Bird Treaty Act Mitigation for potential direct/indirect impacts to common passerine species will require compliance with the federal Migratory Bird Treaty Act (MBTA). Construction outside the nesting season (between September 16'*^ and February 14^^) do not require pre-removal nesting bird surveys. If construction is proposed between February 15'^ and September 15*^, a qualified biologist must conduct a nesting bird survey(s) no more than three (3) days prior to Initiation of grading to document the presence or absence of nesting birds within or directly adjacent (100 ft.) to the Project Site. The survey(s) would focus on identifying any passerine nests that would be directly or indirectly affected by construction activities. If active nests are documented, species- specific measures shall be prepared by a qualified biologist and implemented to prevent abandonment of the active nest. At a minimum, construction in the vicinity of a nest shall be deterred until the young birds have fledged. A minimum exclusion buffer of 100 ft. shall be maintained during construction, depending on the species and location. A survey report by a qualified biologist verifying that no active nests are present, or that the young have fledged, shall be submitted to the City of Carlsbad for review and approval prior to initiation of redevelopment construction activities. If warranted, the qualified biologist shall serve as a construction monitor during those periods when construction activities occur near active nest areas to ensure that no inadvertent impacts on these nests occur. A report of the findings prepared by a qualified biologist shall be submitted to the City of Carlsbad for review and approval prior to construction that has the potential to disturb any active nests during the nesting season. Any nest permanently vacated for the season would not warrant protection pursuant to the MBTA. Biological Resources Technical Report 2441 Buena Vista Circle Cadre Environmental May 2016 33 LITERATURE CITED California Department of Fish and Wildlife (CDFW), Natural Diversity Data Base (CNDDB). 2016a. Sensitive Element Record Search for the San Luis Rey Quadrangle. California Department of Fish and Wildlife. Sacramento, California. Accessed May 2016. California Department of Fish and Wildlife (CDFW). 2016b. Special Animals. Natural Heritage Division, Natural Diversity Data Base. California Department of Fish and Wildlife (CDFW). 2016c. Special Vascular Plants, Bryophytes, and Lichens. Natural Heritage Division, Natural Diversity Data Base. California Department of Fish and Wildlife (CDFW). 2016d. Endangered, Threatened, and Rare Plants of California. Natural Heritage Division, Natural Diversity Data Base. California Department of Fish and Wildlife (CDFW). 2016e. State and Federally Listed Endangered and Threatened Animals of California. Natural Heritage Division, Natural Diversity Data Base. California Department of Fish and Wildlife (CDFW) 2016f. http://www.dfq.ca.qov/bioqeodata/veqcamp/natural comm backqround.asp. City of Carlsbad. 2014. Draft General Plan & Draft Climate Action Plan - Draft Environmental Impact Report. City of Carlsbad. 2008. Guidelines for Biological Studies. City of Carlsbad. 1999. Habitat Management Plan for Natural Communities in the City of Carlsbad. Final Approval November 2004. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1, U.S. Army Engineer Waterways Experimental Station, Vicksburg, Mississippi. Erickson, C. H. and D. Belk. 1999. Fairy shrimps of California's pools, puddles, and playas. Mad River Press. Eureka, CA. Ferren, W. R., Jr., P. L. Fiedler, and R. A. Leidy. 1996c. Wetlands of California. Part I. History of wetland habitat. Madrono 32:105-124. NRCS. 2016. http://websoilsurvev.nrcs.usda.qov/app/WebSoilSurvev.aspx. Accessed May 2016. NRCS, 1992. Hydric Soils list of California. Biological Resources Technical Report 2441 Buena Vista Circle Cadre Environmental May 2016 34 O'Farrell, M. J. 1990. Stephens' kangaroo rat natural history, distribution, and current status. PP78-84. In. P. J. Bryant and J. Remington (eds.). Memoirs of the Natural History Foundation of Orange County. Vol. 3. SANDAG. 2003a. Final MHCP Plan for the Cities of Carlsbad, Encinitas, Escondido, Oceanside, San Marcos, Solana Beach and Vista - Volume I. SANDAG. 2003b. MHCP Biological Monitoring and Management Plan, Multiple Habitat Conservation Program for the Cities of Carlsbad, Encinitas, Escondido, Oceanside, San Marcos, Solana Beach and Vista - Volume III. Skinner, M. W. and B. M. Pavlik. 1994. California Native Plant Society's Inventory of Rare and Endangered Vascular Plants of California. Califomia Native Plant Society. Special Publication, no. 1, 5th ed. Sacramento, Califomia. South Coast Wildlands. 2008. South Coast Mission Linkages: A Wildland Network for the South Coast Ecoregion. U.S. Fish and Wildlife Service (USFWS). 1994b. Proposed rule to list four southwestern California plants as endanger^ or threatened. Federal Register 59(240): 64812-64823. U.S. Fish and Wildlife Service (USFWS). 1998. Determination of endangered or threatened status for four southwestem Califomia plants from vernal wetlands and clay soils. Federal Register: Vol. 63 FR 54975. U.S. Fish and Wildlife Service (USFWS). 2000. Southwestem Willow Flycatcher Protocol Revision 2000. California/Nevada Operations Office, Sacramento, Califomia. U.S. Fish and Wildlife Service (USFWS). 2001. Least Bell's Vireo Survey Guidelines. U.S. Fish and Wildlife Service (USFWS). 2016. Threatened and Endangered Species. Pacific Southwest Region. Carlsbad Office. Available online at http://www.fws.gov/carlsbad/SpeciesStatusList/CFWO_Species_Status_List%20. htm Accessed May 2016. Unitt, P. O. 2004. San Diego County Bird Atlas. Proceedings of the San Diego Society of Natural History No. 39. Biological Resources Technical Report Cadre Environmental 35 2441 Buena Vista Circle May 2016 Certification "/ hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this biological evaluation, and that the facts, statements, and information presented are true and correct to the best of my knowledge. Author:Date: May 28 2016 Biological Resources Technical Report Cadria Environmental 2441 Buena Vista Circle May 2016 36 Contact: Ruben S. Ramirez, Jr. 949-300-0212, r.ramirez@cadreenvironmental.com