IV. ENVIRONMENTAL IMPACT ANALYSIS D. BIOLOGICAL RESOURCES
INTRODUCTION
The Sea Glass Project Site is located at 6719 S. Pacific Avenue in Playa del Rey, immediately adjacent to and east of Dockweiler State Beach and less than ½ mile south of Ballona Creek. The site is bounded to the north and south by existing residential development (aside from a groomed portion of beach sand immediately adjacent on the north side, beyond which is an apartment complex), and is bounded to the east by Pacific Avenue with the Del Rey Lagoon and a city park with a ballfield beyond. The Project Site currently consists of undeveloped partially-vegetated sandy terrain (on the eastern half) and groomed beach sand (on the western half), and portions of the site were once occupied by commercial and/or residential structures. The eastern half of the property which supports limited coastal strand habitat is currently fenced to prevent public access. Historic photographs, Sanborn fire maps, and building permits indicate a majority of the western portion of the site (the Pacific Avenue frontage) was developed with residences between the 1940s and the late 1960s, with a few structures remaining until the 1980s – the foundations of some of these residences remain on the site today.
Methods
Several biological site studies were conducted on-site for the proposed project, involving three biological consulting firms and independent peer reviews by other knowledgeable individuals. These biological survey and review methods are summarized below.
2004
In 2004, Rincon Consultants, Inc. (Rincon) conducted a search of the California Natural Diversity Database (CNDDB)1 to help identify those special status plants and animals that may be in the project vicinity. Additional resources utilized to characterize the site included U.S. Geological Survey (USGS) topographic maps2, available aerial photography3, and discussion with regulatory personnel (U.S. Fish and Wildlife Service [USFWS] and California Department of Fish and Game [CDFG]).
A field reconnaissance of the project area was conducted by Rincon on April 8, 2004 for identification of any onsite habitats, special-status biological resources, natural communities of special concern, drainages, wildlife corridors or other potential biological resources onsite. If seen, such resources were noted; otherwise potential habitat for special status species was identified based on a suitability analysis.
1 California Department of Fish and Game (CDFG). 2003 and 2004. California Natural Diversity Database. Search for occurrence records conducted in December 2003 and June 2004. 2 National Geographic. 2001. 3 USGS. TerraServer (http://terraserver.microsoft.com)
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2005
Additional surveys were conducted in 2005 to identify special status bird, arthropod and plant resources, based on recommendations resulting from the April 8, 2004 field reconnaissance. Rincon conducted a 100% walkover of the site on May 10, 2005 to inventory the biological resources present and identify potential special status resources; the survey primarily focused on searching for one special status plant species (Orcutt’s pincushion [Chaenactis glabriuscula var. orcuttiana]), and two federally listed bird species (western snowy plover [Charadrius alexandrinus nivosus], and California least tern [Sterna antillarumm browni])4. On May 12, 2005, Frank Hovore and Associates (FH&A) conducted focused surveys for special status arthropods, which included documentation of weather and site conditions; visual searches for arthropods on flowers, vegetation, and on the sand surface; inspection of fine debris collected in swales and beneath shelter; shaking off vegetation over a clean substrate; and sifting sand. Four sifted sand samples were collected from under each dominant plant species present on-site (silver beach bursage [Ambrosia chamissonis], beach evening primrose [Camissonia cheiranthifolia], sea rocket [Cakile maritime], and iceplant [Carpobrotus edulis]); one sample was collected beneath pink sand verbena (Abronia umbellata), and three samples were collected (one on the north property area and two on the south property area) beneath ruderal species including brome (Bromus sp.).
2006
In March 2006, the results of the above studies conducted in 2004 and 2005 were independently reviewed at the request of the City of Los Angeles. Dr. Rudi Mattoni of the University of California at Los Angeles (UCLA) noted that the surveys and results were adequate, but raised an issue regarding a rare plant species that was not identified in the reports – Lewis’ evening primrose (Camissonia lewisii), which Dr. Mattoni has observed in the Los Angeles International Airport (LAX) and Ballona areas. Dr. Mattoni has not formally surveyed the site, but believes he has previously observed Lewis’ evening primrose on the site. Christine Medak at the USFWS concurred with the results that no listed plants or animals were found during surveys and that the listed El Segundo blue butterfly (Euphilotes battoides allyni), the Pacific pocket mouse (Perognathus longimembris pacificus), and the western snowy plover (Charadrius alexandrinus nivosus) are unlikely to occur on-site. Ms. Medak did note that the site has the potential to be used by other nesting birds, including the endangered California least tern (Sterna antillarum browni), and that measures should be implemented to avoid impacts to nesting birds (such as avoiding construction during the bird breeding season); however, if the California least tern is ever found to be nesting on-site, USFWS should be consulted at that time.
CDFG also submitted comments on the Notice of Preparation (letter dated August 24, 2006). This letter referenced an on-site meeting with CDFG and the City which occurred on June 19, 2006. The letter also referenced that CDFG had received and reviewed the biological assessment report prepared by Rincon dated March 24, 2004 and the summary of special status species dated June 21, 2005. In their comment letter, CDFG requested that the EIR contain specific information, including analyses of project-related
4 Scientific names for plant or animal species are only given for the first occurrence in this document; subsequent occurrences of each species will only be identified by common name.
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impacts to sensitive species known to occur on or in the vicinity of the site, and measures to avoid, minimize, and offset impacts to biological resources. Specific sensitive biological resources mentioned include beach morning glory (Calystegia soldanella), sand verbena (Abronia maritima), Dorothy’s El Segundo dune weevil (Trigonoscuta dorthea), silvery legless lizard (Anniella pulchra pulchra), and Southern foredune habitat. CDFG specifically recommended on- or off-site mitigation for impacts to Southern foredune habitat at a 5:1 ratio.
In May 2006, CAJA biological staff also conducted a peer review of the 2004 and 2005 study reports, as well as the independent peer reviews and other environmental analysis documents from the vicinity, including the LAX Master Plan EIR/EIS. Based on this review, additional survey recommendations were made to Dudek Engineering and Environmental (Dudek) for their additional on-site surveys.
Dudek conducted a peer review of the two Rincon reports described above. Sensitive biological resources present or potentially present onsite were identified through a search using CDFG’s CNDDB and the California Native Plant Society’s online Inventory of Rare and Endangered Vascular Plants5. Dudek biologists also conducted two site visits on May 26 and 31, 2006 to conduct additional focused surveys and habitat assessments for special status plant and wildlife species. The peer review determined that the previous reports were complete and thorough. The site surveys concluded that one special status plant species, red sand-verbena (Abronia maritima, a CNPS List 4.2 species) was present on-site at three separate locations, and that no other special status plants had the potential to occur on-site. The site surveys also concluded that no sensitive wildlife species were observed on-site, including the California least tern. Additionally, Dudek noted that there is a moderate potential for the silvery legless lizard (Anniella pulchra pulchra, a State Species of Special Concern) to occur on-site due to the sandy soil conditions and observations of this species in similar situations, but a focused survey did not reveal the presence of any silvery legless lizards on the site. In sum, Dudek’s report identified only one issue for further analysis: the potential CEQA significance of impacts to Dorothy’s El Segundo dune weevil (discussed below).
Applicable Regulatory Requirements
Federal
Federal Endangered Species Act
The Federal Endangered Species Act (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 in the foreseeable future throughout all or significant portions of its range.” The Sacramento, California United States Fish and Wildlife Service (USFWS) Field Office describes Federal Species of Concern (FSC) as “a sensitive species that has not been listed, proposed for listing, or placed in candidate status.” The FSC receives no legal protection and
5 California Native Plant Society (CNPS). 2006. Inventory of Rare and Endangered Plants (online edition, v7- 06c). California Native Plant Society. Sacramento, CA. http://www.cnps.org/inventory
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use of the term does not necessarily mean the species will eventually be proposed for listing as a threatened or endangered species. The Federal listing status is as follows:
• FE Federally listed as Endangered • FT Federally listed as Threatened • FPT Federally Proposed as Threatened • FPE Federally Proposed as Endangered • FPD Federally Proposed for delisting • FC Federal Candidate Species • FSC Federal Species of Concern
Migratory Bird Treaty Act
The federal Migratory Bird Treaty Act (MBTA), first enacted in 1916, prohibits any person unless permitted by regulations, to:
“pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry, or cause to be carried by any means whatever, receive for shipment, transportation or carriage, or export, at any time, or in any manner, any migratory bird, included in the terms of this Convention . . . for the protection of migratory birds . . . or any part, nest, or egg of any such bird.” (16 U.S.C. 703).
The list of migratory birds includes nearly all bird species native to the United States; non-native species such as European starlings are not included. The statute was extended in 1974 to include parts of birds, as well as eggs and nests. Thus, it is illegal under MBTA to directly kill, or destroy a nest of, nearly any bird species, not just endangered species. Activities that result in removal or destruction of an active nest (a nest with eggs or young being attended by one or more adults) would violate the MBTA. Removal of unoccupied nests, or bird mortality resulting indirectly from a project, is not a violation of the MBTA. Any activity, such as grading or grubbing for construction of the project site, that results in destruction of one or more active nests of native birds would entail a violation of the MBTA.
Coastal Zone Management Act
In 1972, the U.S. Congress enacted the Coastal Zone Management Act (CZMA) to “preserve, protect, develop and where possible restore or enhance the coast resources such as wetlands, floodplains, estuaries, beaches, dunes, barrier islands, and coral reefs, as well as fish and wildlife habitat using those habitats.” The CZMA allows for states to prepare their own coastal zone management plans that are consistent with the CZMA, which must then be federally approved. State
California Endangered Species Act
The California Environmental Species Act (CESA) defines an endangered species as “a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant which is in serious danger of becoming
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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. 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 threatened or endangered at the discretion of the Fish and Game Commission. Unlike FESA, CESA does not include listing provisions for invertebrate species. The State listing status is as follows:
• SE State listed as Endangered • ST State listed as Threatened • SR State listed as Rare (Plants only) • CSC California Species of Special Concern • SFP Fully Protected • SCE State Candidate for Endangered • SCT State Candidate for Threatened • Special Animal CNDDB Special Animal
“Special Animal” is a general term that refers to all of the taxa the CNDDB is interested in tracking, regardless of their legal protection status. The CDFG notes that these taxa generally fall into one or more of the following categories:
• Official listed or proposed for listing under State or Federal Endangered Species Acts; • State of Federal candidate for possible listing; • Taxa which meet the criteria for listing, even if not currently included on any list, as described by Section 15380 of CEQA;
• Taxa considered by the CDFG to be a Species of Special Concern;
• Taxa that are biologically rare or very restricted in distribution, declining throughout their range, or have a critical, vulnerable stage in their life cycle that warrants monitoring;
• Populations in California that may be on the periphery of the taxon’s range, but are threatened with extirpation in California;
• Taxa closely associated with a habitat which is declining in California at an alarming rate; and/or
• Taxa designated as a special status, sensitive, or declining species by other state or federal agencies, or non-government organization.
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California Fish and Game Code 3503
California Fish and Game Code 3503, 3503.5, and 3512 prohibit take of birds and active nests. Any activity, such as grading or grubbing for construction of the project site, that results in destruction of one or more active nests of native birds would entail a violation of the Fish and Game Code. Construction activities that result in abandonment of an active bird nest in areas adjacent to the disturbance may also violate sections of the Fish and Game Code.
California Environmental Quality Act
Plant species which may not be listed as endangered, threatened, candidate, or proposed species under FESA or CESA, but are still considered rare, are generally assigned a rarity code by the California Native Plant Society (CNPS). The CNPS is a private plant conservation organization dedicated to the monitoring and protection of sensitive species in California. CNPS has compiled an inventory comprised of the information focusing on the geographic distribution and qualitative characterization of Rare, Threatened, or Endangered vascular plant species of California. The list serves as the candidate list for listing as Threatened and Endangered by the California Department of Fish and Game (CDFG). The CNPS five categories of rarity are summarized in Table IV.D-1 (Summary of CNPS Lists 1, 2, 3, and 4). Under CEQA, impacts analyses are mandatory for List 1 and 2 species, but not for all List 3 and 4 species as some do not meet the definitions of the Federal Native Plant Protection Act or the California Endangered Species Act; however, List 3 and 4 impacts to these species are generally considered in most CEQA analyses and are recommended by CNPS6.
Table IV.D-1 Summary of CNPS Lists 1, 2, 3, and 4 CNPS List Comments List 1A – Presumed Extinct Thought to be extinct in California based on a lack of observation or detection for in California many years. List 1B – Rare or Species generally rare throughout their range that are also judged to be vulnerable Endangered in California to other threats such as declining habitat. and Elsewhere List 2 - Rare or Species rare in California but more common outside of California. Endangered in California, More Common Elsewhere List 3 – Need More Species that are thought to be rare or in decline, but CNPS lacks the information Information needed to assign to the appropriate list. In most instances, the extent of surveys for these species is not sufficient to allow CNPS to accurately assess whether these species should be assigned to a specific list. In addition, many of the List 3 species have associated taxonomic problems such that the validity of their current taxonomy is unclear. List 4 – Plants of Limited Species that are currently thought to be limited in distribution or range whose Distribution vulnerability or susceptibility to threat is currently low. In some cases, as noted above for List 3 species above, CNPS lacks survey data to accurately determine
6 California Native Plant Society. 2001. Inventory of Rare and Endangered Plants of California (sixth edition). Rare Plant Scientific Advisory Committee, David P. Tibor, Convening Editor. California Native Plant Society. Sacramento, CA. x + 388pp.
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Table IV.D-1 Summary of CNPS Lists 1, 2, 3, and 4 CNPS List Comments status in California. Many species have been placed on List 4 in previous editions of the “Inventory” and have been removed as survey data has indicated that the species are more common than previously thought. CNPS recommends that species currently included on this list should be monitored to ensure that future substantial declines are minimized. Threat code following Comments List # .1 Seriously endangered in California .2 Fairly endangered in California .3 Not very endangered in California
CDFG maintains the California Natural Diversity Database (CNDDB), which is a program that inventories the status and locations of rare plants and animals in California. Each rare species or plant community is assigned an “element ranking” in the CNDDB which quantifies and qualifies the rarity of each species/community within its global and state range. The CNDDB gives five categories of rarity for each species’ global and state range7; these are summarized in Table IV.D-2. All federal and state listed species are assigned a ranking; however, even non-listed species (such as Species of Concern, Special Animals, or plants on the CNPS list) are assigned an element ranking by CDFG for the CNDDB. Impacts to species which are assigned an element ranking in the CNDDB are considered under CEQA.
Table IV.D-2 Summary of CNDDB Element Ranking Codes Rank Definition Global Ranking* G1 Extremely endangered: less than 6 viable element occurrences (EOs) OR less than 1,000 individuals OR less than 2,000 acres G2 Endangered: 6-20 EOs OR 1,000-3,000 individuals OR 2,000-10,000 acres G3 Restricted range, rare: 21-80 EOs OR 3,000-10,000 individuals OR 10,000-50,000 acres G4 Apparently secure; some factors exist to cause some concern such as narrow habitat or continued threats G5 Demonstrably secure; commonly found throughout its historic range State Ranking S1 – S5 Same as for Global Ranking, except that the rank is a reflection of the element throughout its state range, and a Threat Rank is attached (defined below) .1 Very threatened .2 Threatened .3 No current threats known *Subspecies receive a T-rank attached to the G-rank. A T-rank reflects the global situation of just that subspecies and not for the entire species; however, the rank values have the same definition. A “Q” after a particular ranking indicates that there is a taxonomic question about the species or subspecies.
7 California Department of Fish and Game. 2006. Special Animals (824 taxa). Biogeographic Data Branch, California Natural Diversity Database. February 2006.
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California Coastal Act
California prepared a coastal zone management plan pursuant to the CZMA in 1976 called the California Coastal Act (CCA), which grants authority to the California Coastal Commission (CCC) to regulate development and land uses within the coastal zone. Any actions proposed in the coastal zone must be determined to be consistent with the CCA (a “consistency determination) by the CCC, and most structures or activities in this zone also require a coastal development permit from the CCC.
Under the CCA, cities or other local jurisdictions within the coastal zone must prepare their own Local Coastal Program (LCP), which is intended to protect coastal resources and to set guidelines for future development. Each LCP must be determined to be consistent with the CCA in order to be approved by the CCC. A certified LCP gives the local jurisdiction, and not the CCC, authority over most development and land uses in that portion of the coastal zone. Until and LCP is approved, however, the CCC retains jurisdiction and permit control over that portion of the coastal zone. Although LCPs for the area that includes the Project Site were proposed in 1985 and 1992, none have been certified to date; therefore, permitting authority for the Project Site lies with the CCC.
The CCA requires that “environmentally sensitive areas” shall be protected against significant disruption of habitat values, and only allows land uses in such areas that are dependent upon those resources (§ 30240). “Environmentally sensitive areas” are defined in the CCA (§30107.5) 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.”
Local
City of Los Angeles General Plan – Westchester-Playa del Rey Community Plan
In the City of Los Angeles, thirty-five Community Plans, including the Westchester-Playa del Rey Community Plan, comprise the Land Use Element of the City’s General Plan. Community Plans are a refinement of the General Plan, and are intended to promote an arrangement of land uses, streets and services within a specific local community. Community Plans guide development by informing the general public of the City’s planning goals, policies and development standards with the objective of creating a healthy and pleasant environment. The Community Plan identifies and provides for economic opportunities, and for the maintenance of significant environmental resources within the community. The Westchester-Playa del Rey Community Plan was adopted on April 13, 20048.
The Westchester-Playa del Rey Community Plan contains goals and objectives regarding Coastal Resources, including:
8 City of Los Angeles. 2004. Westchester-Playa del Rey Community Plan. Part of the City of Los Angeles General Plan. Adopted April 13, 2004.
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Protect the area’s unique coastal qualities and maintain the coastal zone in an environmentally sensitive manner;
Protect, maintain, and where feasible enhance and restore the quality of the Coastal Zone environment and its natural resources, and assure the orderly and balanced use and conservation of coastal ecological amenities;
Assure the orderly and balanced use and conservation of coastal ecological amenities.
One of the policies proposed in this section is to prepare a Local Coastal Program that would give development permitting authority to the City of Los Angeles for areas within the coastal zone.
ENVIRONMENTAL SETTING
Historical Background
Regional Land Use and Development
The Playa del Rey area was once at the mouth of the Los Angles River, but after the river shifted course further south to Long Beach, it left behind Del Rey Lagoon and Ballona Creek9. Tidal action over Playa del Rey beach once fed the Del Rey Lagoon and the Ballona wetlands to the east10. This area was once part of the large El Segundo sand dunes, which formerly encompassed about 4.5 square miles (3,200 acres) from Westchester south to the base of the Palos Verdes peninsula and from the Pacific Ocean inland for approximately ½ mile11.
Residential colonization of the Playa del Rey area was slow, beginning with dredging efforts in the Del Rey Lagoon in the 1880’s, recreational tourist trains in the early 1900’s, and the division and selling of lots around the lagoon in the 1930’s12. Although the neighboring communities of Venice to the north and El Segundo to the south had experienced considerable residential growth and development in the early part of the 20th century, major residential settlement of Playa del Rey and Westchester did not begin in earnest until the 1930’s. The U.S. Army Corps of Engineers channelized Ballona Creek in 1938, resulting in the loss of much of Del Rey Lagoon and impacting the Ballona wetlands; these areas were further impacted by the construction of Marina del Rey’s wide entrance channel in the 1960’s.
In the late 1940’s and early 1950’s, millions of cubic yards of excess sand was placed on the beach in the Playa del Rey and El Segundo area from construction of the Hyperion sewage treatment plant in El Segundo, resulting in a wider beach13. The expansion of the Hyperion sewage treatment plant in the late
9 Playa del Rey History. http://www.playadelrey.com/history.html. 10 Groves, Martha. 2005. “Line drawn in the sand over Dunes project.” Los Angeles Times, January 20, 2005. 11 U.S. Fish and Wildlife Service. 1998. Recovery Plan for the El Segundo blue butterfly (Euphilotes batto ides allyni). Portland, Oregon. 67 pp. 12 Playa del Rey History. http://www.playadelrey.com/history.html. 13 Johnson, A.G. 1948. “Beach Park Growing Out of Sand Dunes”. Los Angeles Times, January 2, 1948.
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1980’s resulted in the supplementary placement of additional acres of excess sand onto Dockweiler State Beach for beach widening14.
South of Playa del Rey, the LAX airport was officially dedicated in El Segundo in 1930, on former croplands inland of the coastal dunes and bluffs15. However, due to expansion of the airport over the next few decades, hundred of homes west of LAX along the former coastal bluff and dunes were removed from 1966 to 197216; much of this area has since been restored to native dune habitat by the Los Angeles World Airports (LAWA).
Regional Habitat
Along the west coast of the United States, coastal dunes are just 10% to 40% of their original distribution, according to ecologists; urbanization and invasive non-native plants have fragmented and eliminated coastal dune habitats17. Of the 27 dune fields in coastal California, the largest are the Monterey Bay dunes, covering about 40 square miles, and the 18 square mile Nipomo Dune complex, north and south of the Santa Maria River; other major dune fields are located at Humboldt Bay and San Diego Bay18. The El Segundo sand dunes formerly encompassed about 4.5 square miles (3,200 acres)19; the current extent of the Los Angeles/El Segundo Dunes is the largest remaining remnant of one of five major sand dune complexes that historically occurred in California south of San Francisco20. Within the LA/El Segundo Dunes is a 203-acre Habitat Restoration Area, which has been restored and is managed by LAWA for the endangered El Segundo blue butterfly since 1987; it is the largest remaining representation of coastal dune community within Los Angeles. Of the additional 104 acres north of the Habitat Restoration Area owned by LAWA, approximately 75 acres are considered to be Disturbed Dune Scrub/Foredune habitat21. In 1982, the California Coastal Commission denied a plan to construct a golf course on this disturbed dune area on the grounds that it was inconsistent with California Coastal Act policies concerning resource
14 Groves, Martha. 2005. “Line drawn in the sand over Dunes project.” Los Angeles Times, January 20, 2005. 15 LAX History. http://www.lawa.org/lax/laxHistory.cfm. 16 U.S. Department of Transportation (Federal Aviation Administration and Federal Highway Administration) and the City of Los Angeles. 2001. Draft EIR/EIS for the Los Angeles International Airport Proposed Master Plan Improvements. January 2001. 17 Rodgers, Jane and Dawn Adams. 2006. Coastal dune restoration at Point Reyes pays off for three federally listed species. IN: Natural Resource Year in Review–2005. Jeff Selleck, editor. National Park Service. April 2006. ISSN 1544-5437. Online version: www.nature.nps.gov/YearInReview 18 California Coastal Commission. 1987. The California Coastal Resource Guide. University of California Press. 19 U.S. Fish and Wildlife Service. 1998. Recovery Plan for the El Segundo blue butterfly (Euphilotes batto ides allyni). Portland, Oregon. 67 pp. 20 Barbour, M.G. and A.F. Johnson. 1988. “Beach and Dune” in Barbour, M.G. and J. Major (eds). Terrestrial Vegetation of California (2nd edition). Cited in: U.S. Department of Transportation (Federal Aviation Administration and Federal Highway Administration) and the City of Los Angeles. 2001. Draft EIR/EIS for the Los Angeles International Airport Proposed Master Plan Improvements. January 2001 21 U.S. Department of Transportation (Federal Aviation Administration and Federal Highway Administration) and the City of Los Angeles. 2001. Draft EIR/EIS for the Los Angeles International Airport Proposed Master Plan Improvements. January 2001
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protection, recreation, and public access; their decision was based in part on their conclusion that coastal sand dune ecosystems had almost disappeared in southern California, and any further loss of this habitat type could result in widespread extinctions22.
Aside from the Los Angeles/El Segundo Dunes, remaining dune habitat in the vicinity of the Project Site is very limited. Immediately north of the project site (north of Ballona Creek) on Venice Beach, a small area supports a breeding population of federally endangered California least terns which, due to fencing erected in 1977 and protection from regular beach sweeping, now also supports coastal foredune vegetation and topography23. Another small area of foredune habitat was also observed just south of the Project Site, immediately west of the intersection of Vista Del Mar and Waterview Street. In addition, two 6- to 7-acre areas of foredune habitat also occur in the Ballona Wetlands east of the Project Site24; the Ballona Wetlands consist of several hundred acres of preserved wetland habitat along Ballona Creek east of the Project Site (an additional several hundred acres east of the preserved wetlands are currently in development or proposed development is pending).
Project Site
The project site, although currently undeveloped, has been developed with several structures in the past 50 to 75 years (a site photograph from 1924 shows no structures on the site). Based on an analysis of historical aerial photographs of the site, the site appears to have supported as many as 8 to 12 structures on the eastern half of the property, along most of the property's Pacific Avenue frontage, as evidenced by an undated site photograph which appears to have been taken in the 1940’s or 1950’s. A 1972 site photograph shows two structures on the eastern half of the site. All remaining structures on-site were reportedly demolished in 1989, and a site photograph from 1994 confirms that the site has remained vacant since.
Although the 1924 site photograph is not of the highest resolution, it is apparent that the project site supports very little, if any, dune vegetation at this time even though the site is undeveloped; by contrast, the beach immediately north of the site appears to possibly support dune vegetation, as it exhibits dark patches similar to those that are characteristic of dune vegetation in later photographs. Another site photograph of the Del Rey Lagoon from 1905 shows what appears to be sand dune vegetation immediately south of the end of the lagoon, in an area that would be just east and inland of the Project site. Despite the fact that the undated photograph from the 1940’s or 1950’s shows the presumed maximum amount of development on the site (approximately 8 to 12 structures on the eastern half), the photograph also shows what appears to be small pockets of dune vegetation west of the structures,
22 U.S. Fish and Wildlife Service. 1998. Recovery Plan for the El Segundo blue butterfly (Euphilotes batto ides allyni). Portland, Oregon. 67 pp. 23 Keane Biological Consulting. 2005. Impact Analysis of the Venice Pumping Plant Dual Forced Main Sewer Project on the California Least Tern. Prepared for URS Corporation and the City of Los Angeles. July 15, 2005. Technical Appendix in: City of Los Angeles. 2005. Draft EIR for the Venice Pumping Plant Dual Force Main Project. December 20, 2005. State Clearinghouse Number: 2003031001. 24 U.S. Fish and Wildlife Service. 1998. Recovery Plan for the El Segundo blue butterfly (Euphilotes batto ides allyni). Portland, Oregon. 67 pp.
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particularly on the northern portion of the site. The 1966 site photograph, while still showing at least 6 to 8 structures on site, shows the distinct development of dune vegetation immediately west of the structures; this vegetation remains evident on the 1972, 1994 and current aerial photographs.
Coastal sand dunes are formed when wind blows dry sand inland from the beach and an object interrupts the wind flow, resulting in the sand settling and accumulating around the object25. In addition, any small depression or gentle dip in an otherwise flat surface can fill with sand due to lower wind velocity within the depression26. With continued wind, the accumulated sand drift acts as a barrier resulting in additional wind interruption and sand accumulation, allowing the drift to gradually grow into a sizable mound where dune-adapted plant species begin to colonize, further stabilizing the drift. Recreational use of dune areas by beach dwellers can prevent the colonization and growth of dune plants due to constant sand movement and disturbance, ultimately slowing or prevent the growth of dunes27.
Based on what is known of dune formation processes and based on the historic aerial photograph analysis of the site, both of which are described above, it is likely that formation of the undulations now present on-site was facilitated as a result of the structures constructed on the eastern half of the property along Pacific Avenue in the 1940’s or 1950’s (or possibly as early as the mid-1920’s) and have remained or possibly grown following the removal of site structures. The undulations appear to have become more stable and vegetated over time, likely due to fencing erected around the eastern half of the site resulting in an additional wind barrier (contributing to sand accumulation and dune formation) and a lack of regular human disturbance from recreational use of the site.
Current Site Characteristics
Vegetation
The western portion of the property, which is currently unfenced, and the trail bisecting the center of the site, consists of approximately 0.6 acre of disturbed, open sand habitat that is actively maintained for or by recreational beach use and is completely devoid of vegetation. The southeast corner of the property (northwest corner of Culver Boulevard and Pacific Avenue) consists of approximately 0.1 acre of California annual grassland series as defined by the Manual of California Vegetation28. This area is a flat, stabilized, degraded foredune habitat containing remnants of past development (concrete footings/foundations and gravel) which is dominated by weedy non-native species including ripgut brome (Bromus diandrus), Bermuda grass (Cynodon dactylon), telegraph weed (Heterotheca grandiflora) crete
25 California Coastal Commission. 1987. The California Coastal Resource Guide. University of California Press. 26 Cooke, Ronald and Andrew Warren. 1973. Geomorphology in Deserts. London, B.T. Batsford, Ltd. Cited in: Mangimeli, John. Geology of Sand Dunes. www.nps.gov/whsa/Sand%20Dune%20Geology.htm. 27 Labuz, Tomasz A. 2004. Coastal dune development under natural and human influence on Swina Gate Barrier (Polish coast of Pomeranian Bay). Institute of Marine Sciences, University of Szczecin. IN: Schernewski, G. and N. Loser (eds). 2004. Managing the Baltic Sea. Coastline Reports 2, ISSN 0928- 2734. 28 Sawyer, John O., and Todd Keeler-Wolf. 1995. A Manual of California Vegetation. California Native Plant Society.
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weed (Hedypnois cretica), barley (Hordeum sp.), cheeseweed (Malva parviflora), and sourclover (Melilotus indica).
Rincon identified the plant community present within the fenced eastern portion of the site as “coastal strand,” as defined in California Vegetation29, but noted that the vegetation in this area most closely corresponds to both the “sand-verbena – beach bursage” and “iceplant” series as defined by the Manual of California Vegetation30; the Dudek report also noted that the most dominant plant community on-site is the “sand-verbena – beach bursage” series (2.1 acres)31. The coastal strand plant community also meets the definition of “southern foredunes” according to the Preliminary Descriptions of the Terrestrial Natural Communities of California32. All of the aforementioned plant communities (except for the iceplant series) are considered sensitive by CDFG; the “southern foredune” has been assigned a sensitivity ranking of G2S2.1 in the CNDDB, and both the “sand-verbena – beach bursage” series and the “strand” community are listed by CDFG as communities that are known or believed to be of high priority for inventory in the CNDDB33. For the purposes of this document, the dominant plant community on-site will be identified as “southern foredunes” for several reasons: (1) CDFG primarily recognizes the plant communities defined in the Manual of California Vegetation and the Preliminary Descriptions of the Terrestrial Natural Communities of California (and not California Vegetation, which defines the term “coastal strand”); (2) the CNDDB has recognized the southern foredune plant community by assigning it a global and state sensitivity ranking; (3) the plant species composition of the site most closely matches the “southern foredune” community definition, which also encompasses many of the characteristic species of both the “iceplant” and “sand-verbena – beach bursage” series; (4) the Preliminary Descriptions of the Terrestrial Natural Communities of California plant community classification system was used to identify similar habitat in the LAX Master Plan EIS/EIR34; and (5) it is difficult to delineate the boundaries between the two series (“iceplant” and “sand-verbena – beach bursage”), because the dominant species from each series frequently overlap and intergrade.
The southern foredune plant community on-site includes some native species (mostly beach evening primrose and silver beach bursage) and some non-native species (mostly sea rocket and iceplant). Other plant species on-site include native species such as beach morning glory (Calystegia soldonella) and pink and red sand verbena (Abronia umbellata and A. maritima, respectively), and non-native species which
29 Holland, V.L. and David J. Keil. 1990. California Vegetation. 4th edition, Biological Sciences Department, California Polytechnic State University, San Luis Obispo, California. 30 Sawyer, John O., and Todd Keeler-Wolf. 1995. A Manual of California Vegetation. California Native Plant Society. 31 The Dudek report also notes that the iceplant series occupies 0.3 acre of the site. 32 Holland, Robert F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California. State of California, The Resources Agency, Department of Fish and Game. Nongame-Heritage Program. October 1986. 33 California Department of Fish and Game. 2003. List of California Terrestrial Natural Communities Recognized by the California Natural Diversity Database. Wildlife and Habitat Data Analysis Branch, Vegetation Classification and Mapping Program. September 2003 Edition. 34 U.S. Department of Transportation (Federal Aviation Administration and Federal Highway Administration) and the City of Los Angeles. 2001. Draft EIR/EIS for the Los Angeles International Airport Proposed Master Plan Improvements. January 2001
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are most common along the edges of the site including Bermuda buttercup (Oxalis pes-capre), Russian thistle (Salsola tragus), sourclover, cheeseweed, castor bean (Ricinis communis), sow thistle (Sonchus oleraceus), Bermuda grass, ripgut brome, crete weed, and wild oat (Avena barbaba). The northern portion of the site consists of approximately 50 percent open ground (i.e. sand), with beach bursage (60 percent relative vegetative cover), iceplant (30 percent), beach evening primrose (5 percent) and other primarily non-native species (5 percent) composing the remainder of the vegetation. The southern portion of the site consists of approximately 65 percent open ground, with beach bursage (50 percent relative vegetative cover), beach evening primrose (30 percent), iceplant (15 percent), and other primarily non- native species (5 percent) composing the remainder of the vegetation.
Southern foredunes and areas of sand accumulation are distributed along the coast between Point Conception and the Mexican border, with the most extensive areas in the state located north of Point Conception35. However, small areas occur in Santa Barbara County (Point Conception and Coal Oil Point), Ventura County (Point Mugu), San Diego County (Coronado) and Los Angeles County (El Segundo). The statewide distribution of southern foredunes has been much reduced by urban and other development, dune erosion due to off-road vehicles and foot traffic, and disruptions in sand deposition processes from coastal protective structures such as seawalls36.
Wildlife
Animal species observed during the Rincon surveys were limited to urban-adapted species and included starlings (Sturnis vulgaris), song sparrow (Melospiza melodia), house finch (Carpodacus mexicanus), crows (Corvus brachyrhynchos), mourning dove (Zenaida macroura), and western gulls (Larus occidentalis). Dudek also observed common wildlife species on-site, including most of those observed by Rincon, and others including western fence lizard (Sceloporus occidentalis), rock dove (Columba livia), Anna’s hummingbird (Calypte anna), black phoebe (Sayornis nigricans), northern mockingbird (Mimus polyglottos), California ground squirrel (Spermophilus beecheyi), Botta’s pocket gopher (Thomomys bottae), and house mouse (Mus musculus).
Common arthropods observed during the FH&A surveys included common ciliate darkling beetle (Coelus ciliatus) – the most abundant arthropod species observed, a species of dune scarab (Psammodius maclayi), an undetermined species of Serica (Scarabaeidae family), an undetermined species of hister beetle (Histeridae family), silverfish (Lepisma saccharina), a jumping spider (Habronnatus sp.), a trapdoor spider (Aptosticus simus), exotic honeybees (Apis mellifera), housefly (Musca domestica), carpet beetles (Anthrenus sp.), and soft-winged flower beetles (Melyridae family). The arthropods observed on- site are almost entirely foredune specialists which tolerate or prefer open, loose sand with relatively high temperatures, wind and salt spray; as such, these species probably have greater mobility over open, featureless sand, such as is present on the unvegetated beach in the western portion of the site and the public beach further west. One special status arthropod species was observed during the surveys –
35 Holland, V.L. and David J. Keil. 1990. California Vegetation. 4th edition, Biological Sciences Department, California Polytechnic State University, San Luis Obispo, California. 36 California Coastal Commission. 1987. The California Coastal Resource Guide. University of California Press.
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Dorothy’s El Segundo Dune weevil (Trigonoscuta dorothea dorothea), which is listed by CDFG as a “special animal”; this species was the second most commonly observed arthropod species on-site and is discussed further below, under Special Status Species.
Special Status Species
The CNDDB search located 43 special status species within a 10-mile radius of the project site; several species for which the site may have suitable habitat were eliminated from consideration because no records of these species are available for more than 50 years and/or they have been reported as extirpated.
Based on reconnaissance and focused surveys, only one special status species is known to occur on-site, Dorothy’s El Segundo Dune weevil. Although Dudek determined that the silvery legless lizard (Anniella pulchra pulchra, a California species of concern) had a moderate potential to occur on-site, sand-sifting surveys conducted by Rincon and Frank Hovore & Associates for arthropods in 2004 did not reveal the presence of any lizard species on-site. No other special status wildlife species are expected to occur on- site.
As a result of the reconnaissance survey, Rincon determined that the site had the potential to support six special status plant species. Only one of these special status species were observed on-site during the Dudek survey, red sand-verbena (Abronia maritima, CNPS List 4.2). In addition, Dr. Rudi Mattoni (who conducted a peer review of the Rincon surveys, at the City's request) noted that he has previously observed Lewis’ evening primrose (a CNPS List 3 species) on the site.
An area on Dockweiler State Beach, west of the northern portion of the LAX dunes and approximately ½ mile south of the project site, is mapped as a proposed critical habitat unit (subunit 21B) for the federal threatened western snowy plover; although this species is not known to breed in this area, individuals have been observed on Dockweiler State Beach in the winter37. The snowy plover was determined unlikely to occur onsite by both Rincon and Dudek; the USFWS concurred with this determination in their independent peer review of the Rincon reports.
Dorothy’s El Segundo Dune weevil
Dorothy’s El Segundo Dune weevil (Trigonoscuta dorothea dorothea) is listed by CDFG as a “special animal” (a general term used by CDFG that refers to all of the taxa the CNDDB is interested in tracking38). Dorothy’s El Segundo Dune weevil (DESD weevil) has been assigned the highest sensitivity rank – G1T1S1, meaning that there are (a) less than 6 viable element occurrences, or (b) less than 1,000 individuals, or (c) less than 2,000 acres of occupied habitat for the species and subspecies within its global and state range39. DESD weevil has a limited distribution and is generally found only in the
37 U.S. Fish and Wildlife Service. Online Critical Habitat Mapper. http://criticalhabitat.fws.gov. AND Federal Register Vol. 69, No. 242, December 17, 2004. 38California Department of Fish and Game. 2006. Special Animals (824 taxa). Biogeographic Data Branch, California Natural Diversity Database. February 2006. 39 See previous footnote.
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coastal sand dunes of Los Angeles County; however, two occurrences have been documented in Orange County (two locations at the Bolsa Chica Ecological Reserve)40. There are two species occurrences reported in the CNDDB for Los Angeles County: one is located in the “sand dunes, just south of Ballona Creek and just west of the wetlands” just east of Del Rey Lagoon, and was reported in literature in 1981; the other is located on the “El Segundo and Playa del Rey dunes” as reported in several literature sources (1975, 1981 and 1985) – this occurrence is considered the type locality for this subspecies, which is reported as occurring in the El Segundo Dunes from the edge of Playa del Rey to the highway crossing the Dunes in 1954. The DESD weevil also occurs with other sensitive plant and invertebrate species at the El Segundo Dunes41, and FH&A reports that the DESD weevil also occurs abundantly throughout the less disturbed portions of the El Segundo/LAX Dunes. It is unclear whether the DESD individuals on-site are (1) a minor remnant of an original, larger dune system or (2) are colonists which have found their way to the site from the Ballona dunes (although they are not known from this location and overland dispersal would be challenging considering the species is a very small, flightless insect)42.
Silvery legless lizard
The silvery legless lizard (Anniella pulchra pulchra) is listed as a California Species of Special Concern43 and has been assigned a sensitivity rank of G3G4T3T4QS3, meaning that the species and subspecies either have a restricted global range or are apparently secure in their global range (although there is a taxonomic question regarding the subspecies), but the species has a restricted state range44. The silvery legless lizard is nearly endemic to California and is found from Contra Costa County south to northern Baja Mexico, and from the coast to the Sierra Nevada foothills45. This species occurs in sandy or loose loamy soils under sparse vegetation of beaches, chaparral, pine-oak woodland, under trees along stream terraces, and in desert scrub, often under or near rocks, boards, logs and compacted woodrat nests 46. The silvery legless lizard is dependent on soils with a relatively high moisture content47. There CNDDB reports 40 occurrences statewide, with eight in Los Angeles County (although all are in the eastern or northern portion of the County and not in coastal areas); most of the coastal occurrences are from San
40California Department of Fish and Game. 2006. California Natural Diversity Database. Search for Trigonoscuta dorothea dorothea occurrence records conducted in May 2006. 41 U.S. Fish and Wildlife Service. 1998. Recovery Plan for the El Segundo blue butterfly (Euphilotes batto ides allyni). Portland, Oregon. 67 pp. 42 Rincon Consultants. 2005. Letter Report: Summary of Special Status Biological Resource Surveys for the 3.1-acre Beachfront Property, Playa Del Rey, California. Prepared for Jeffer, Mangels, Butler & Marmaro. June 21, 2005. 43California Department of Fish and Game. 2006. Special Animals (824 taxa). Biogeographic Data Branch, California Natural Diversity Database. February 2006. 44 See previous footnote. 45 Jennings, M. and M. Hayes. 1994. Amphibian and Reptile Species of Special Concern in California. California Department of Fish and Game, Inland Fisheries Division Endangered Species Project, Rancho Cordova, CA. November 1, 1994. 46 See previous footnote. 47 See previous footnote.
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Luis Obispo, Santa Barbara, Ventura and San Diego Counties48. The California legless lizard (A. pulchra) also occurs with other sensitive plant and invertebrate species at the El Segundo dunes49, and several occurrences of silvery legless lizard were documented within the LAX dunes during surveys in 1998 for the LAX Master Plan50. Although Dudek determined that the silvery legless lizard has a moderate potential to occur on-site, intensive sand-sifting surveys conducted by Rincon and Frank Hovore & Associates on May 12, 2005 (consisting of over 350 incidents of collecting and sifting sand) did not reveal the presence of any lizards or other reptile species on-site. During the surveys, the highest sand-moisture levels were identified at approximately 5 to 20 cm below the surface; this is the zone that the silvery legless lizard would likely inhabit due to its reliance on high soil moisture content, and this is also the zone where the sand-sifting occurred (to a depth of approximately 15 to 20 cm). The absence of the silvery legless lizard from this high-moisture zone, combined with the fact that no lizards or reptile species were observed on-site during any of the other site surveys, makes it highly unlikely that the silvery legless lizard occurs on the project site.
Red sand-verbena
Red sand-verbena (Abronia maritima) is a perennial plant in the Nyctaginaceae family and is a CNPS List 4.2 plant, meaning that it is a “watch list” species that is considered fairly endangered in California51. This species occurs in coastal dunes from San Luis Obispo County to Baja, and blooms from February to November. Dudek observed approximately five individuals of this species on the project site in three different locations; two locations in the southern half of the site, and one location (with one plant) in the northern half of the site.
Lewis’ evening primrose
Lewis’ evening primrose (Camissonia lewisii) is an annual plant in the Onagraceae family and is a CNPS List 3 species, meaning that it is thought to be rare but there is not enough information available about the species. This species occurs from coastal Los Angeles County southward to Baja in coastal bluff scrub, cismontane woodlands, coastal dunes, coastal scrub, valley and foothill grasslands on sandy or clay soils52. Lewis’ evening primrose blooms from March to May, sometimes into June, and is often difficult to identify from dried material following its annual post-bloom senescence 53. This may be the reason why it was not identified on-site in connection with the Rincon or Dudek surveys during the species’
48 California Department of Fish and Game. 2006. California Natural Diversity Database. Search for Anniella pulchra pulchra occurrence records conducted in July 2006. 49 U.S. Fish and Wildlife Service. 1998. Recovery Plan for the El Segundo blue butterfly (Euphilotes batto ides allyni). Portland, Oregon. 67 pp. 50 U.S. Department of Transportation (Federal Aviation Administration and Federal Highway Administration) and the City of Los Angeles. 2001. Draft EIR/EIS for the Los Angeles International Airport Proposed Master Plan Improvements. January 2001 51 California Native Plant Society (CNPS). 2006. Inventory of Rare and Endangered Plants (online edition, v7- 06c). California Native Plant Society. Sacramento, CA. http://www.cnps.org/inventory 52 California Native Plant Society (CNPS). 2006. Inventory of Rare and Endangered Plants (online edition, v7- 06c). California Native Plant Society. Sacramento, CA. http://www.cnps.org/inventory 53 See previous footnote.
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blooming period (April 8 and May 10, and May 26, respectively), but was noted to occur on the site by peer-reviewer Dr. Rudi Mattoni; however, Dr. Mattoni did not provide any details regarding this observation such as dates observed, number of individuals observed, or their locations on-site. This species is also widely distributed throughout the 200-acre Habitat Restoration Area of the LAX/El Segundo dunes54. The CalFlora database also notes four additional occurrences of this species in the region55.
ENVIRONMENTAL IMPACTS
Thresholds of Significance
In accordance with the CEQA Guidelines, including the Mandatory Findings of Significance (§15065) and the Environmental Checklist Form (Appendix G), the proposed project could have a significant environmental impact on biological resources if it would:
• Substantially degrade the quality of the environment; substantially reduce the habitat of a fish or wildlife species; cause a fish or wildlife population to drop below self-sustaining levels; threaten to eliminate a plant or animal community; substantially reduce the number or restrict the range of an endangered, rare or threatened species; or eliminate important examples of the major periods of California history or prehistory.
• Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service;
• Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service;
• Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means;
• Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established native resident or migratory wildlife corridors, or impede the use of a native wildlife nursery site;
• Conflict with local polices or ordinances protecting biological resources, such as a tree preservation policy or ordinance; or
54 U.S. Department of Transportation (Federal Aviation Administration and Federal Highway Administration) and the City of Los Angeles. 2001. Draft EIR/EIS for the Los Angeles International Airport Proposed Master Plan Improvements. January 2001 55 CalFlora. Online database of plant species occurrences throughout California. www.calflora.org.
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• Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan.
Project Impacts
Special Status Wildlife Species
Dorothy’s El Segundo Dune weevil
Dorothy’s El Segundo dune weevil is listed by the California Department of Fish and Game (August 2004) as a “special animal,” owing to its limited geographic distribution. As its name implies, this subspecies is generally not found outside of the preserved El Segundo dune complex (approximately two miles south of the project site), where the subspecies occurs in abundance.
Definitive surveys revealed the presence of this subspecies on the southerly portion or the project site. This population appears to be either a minor remnant of a prior strand community, now limited by the project site’s low floral diversity, or a collection of early colonists that have found their way to the site from other more suitable habitat nearby. In either instance, the “remnant colonist” population of this flightless insect on the project site is geographically disconnected from the established and abundant population among the preserved El Segundo dunes. Accordingly, while the Proposed Project may result in the elimination of these remnant colonists from the project site, the Proposed Project is not likely to have a significant adverse impact on the subspecies, or its habitat.
Nesting birds
All of the bird species observed on-site (except for the starlings) are on the List of Migratory Birds that appears in Title 50 of the Code of Federal Regulations, Section 10.13. Therefore, according to the Migratory Bird Treaty Act, as well as the Fish and Game Code, these birds, their active nests or eggs cannot be harmed. Implementation of the project may result in harm or death to breeding birds, nests, or eggs on-site, and may result in disturbance (from noise, vibration or crew activities) to breeding activities occurring adjacent to the site during the breeding season; these impacts would be considered significant. However, with the implementation of Mitigation Measure D-1, requiring construction activities begin prior to bird breeding season or pre-construction surveys and buffers around active nests if construction occurs during the breeding season, would reduce these impacts to less-than-significant.
Special Status Plant Species
Red sand-verbena
Implementation of the project would result in the loss of approximately five individuals of red sand- verbena, a CNPS List 4.2 plant, and the suitable or occupied southern foredune habitat on-site (approximately 2 acres). However, due to the relatively broad distribution of this species along the southern California coast, and its low sensitivity status, impacts to this species are considered to be less- than-significant.
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Lewis’ evening primrose
Implementation of the project would result in the loss of an unknown number of individuals of Lewis’ evening primrose, a CNPS List 3 plant, and the suitable or occupied southern foredune habitat on-site (approximately 2 acres). However, due to the relatively broad distribution of this species throughout multiple habitat types along the southern California coast, and its low sensitivity status, impacts to this species are considered to be less-than-significant.
Sensitive Natural Communities
Southern Foredune habitat
Implementation of the project would result in the permanent loss of a substantial portion of the southern foredune habitat on-site (approximately 2 acres), which is recognized by CDFG as a sensitive natural community of limited distribution, and is considered by the CNDDB to be endangered throughout its global and state range. However, given the relatively small size of the foredune habitat on-site and its relatively low floral diversity and abundance of non-native invasive plant species (such as ice plant), and given the large amount of preserved southern foredune habitat at the El Segundo/LAX Dunes a short distance south of the project site, this impact would be considered less than significant.
CUMULATIVE IMPACTS
None of the related projects would impact southern foredune habitat or any associated sensitive species, as all of these projects are located in developed areas; therefore, project impacts to biological resources would not be cumulatively considerable or significantly adverse when evaluated with other related projects in the vicinity.
MITIGATION MEASURES
D-1. Nesting Bird Impact Avoidance. To avoid impacting nesting birds, one of the following must be implemented:
• Conduct vegetation removal and other ground disturbance activities associated with construction from August 15 through February 15, when birds are not nesting. If feasible, initiate vegetation clearing and grading activities prior to the breeding season (February 15 through August 15) and keep disturbance activities constant throughout the spring to prevent birds from establishing nests in surrounding habitat in order to avoid abandonment of eggs or young if nesting establishes prior to construction activities;
- OR -
• Conduct pre-construction surveys for nesting birds if construction is to take place during the nesting season. A qualified wildlife biologist shall conduct a pre-construction nest survey no more than 5 days prior to initiation of grading to provide confirmation on presence or absence of active nests in the vicinity (at least 300 feet around the project site). If active nests are
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encountered, species-specific measures shall be prepared by a qualified biologist in consultation with the CDFG and implemented to prevent abandonment of the active nest. At a minimum, grading in the vicinity of the nest shall be deferred until the young birds have fledged. A minimum exclusion buffer of 50 feet for songbird nests shall be maintained during construction depending on the species and location. The perimeter of the nest-setback zone shall be fenced or adequately demarcated with staked flagging at 20-foot intervals, and construction personnel and activities restricted from the area. A survey report by the qualified biologist verifying that the young have fledged shall be submitted to the City, CDFG and USFWS prior to initiation of grading in the nest-setback zone. The qualified biologist shall serve as a construction monitor during those periods when construction activities will occur near active nest areas to ensure that no inadvertent impacts on these nests will occur.
LEVEL OF SIGNIFICANCE AFTER MITIGATION
Impacts to special status species (nesting birds) will be reduced to less than significant following implementation of the above mitigation measures.
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