3.3 BIOLOGICAL RESOURCES

3.3.1 INTRODUCTION

This section of the EIR evaluates the potential for the proposed project to impact biological resources. AMEC Earth & Environmental, Inc (AMEC) prepared a General Biological Resources Assessment (BRA) report for the proposed project in November 2007, which is contained in Appendix C of this EIR. This BRA generally involved the following methods of investigation:

„ Literature review, including review of:

ƒ United States Fish and Wildlife Service’s (USFWS) Wetlands Mapper;

ƒ Web Soil Survey produced by the National Cooperative Soil Survey (NCSS) and operated by the U.S. Department of Agriculture (USDA) National Resources Conservation Service (NRCS);

ƒ California Department of Fish and Game’s (CDFG) California Natural Diversity Database (CNDDB/Rarefind Version 3.1.1);

ƒ California Native Plant Society (CNPS) Inventory of Rare Plants;

ƒ Rolling Hills Estates General Plan; and

ƒ Environmental documents for projects in the vicinity.

„ Reconnaissance-level field survey (conducted on September 7, 2007).

In addition to the BRA, Davey Resource Group conducted a tree survey of the site and prepared a Tree Inventory and Management Plan for the project, which consists of an October 2008 iteration and a November 2008 supplement. HRP Studio, the project landscape architects, subsequently developed existing and proposed tree exhibits for the project. The Davey Resource Group reports and the HRP Studio tree exhibits are included in Appendix C of this EIR.

3.3.2 EXISTING CONDITIONS

PHYSICAL FEATURES OF THE REGION

Geographically, the City of Rolling Hills Estates lies primarily within Palos Verdes Peninsula, which is comprised of a series of hills surrounded by the Los Angeles Basin to the northeast and the Pacific Ocean on the remaining three sides. The Palos Verdes Peninsula is drained via a system of natural watercourses and man-made drainage features. The natural watercourses on the south and west portions of the peninsula drain directly into the Pacific Ocean, while the watercourses and

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man-made drainages on the north and east sides of the peninsula primarily drain into regional storm drain facilities, which in turn drain into the Pacific Ocean.

The City of Rolling Hills Estates has a Mediterranean climate with hot, dry summers and mild winters. During the summer months, average high temperatures are in the mid 80s °F, while in the winter the average low temperatures are in the low 40s °F.

REGIONAL BIOLOGICAL RESOURCES

The Palos Verdes Peninsula is primarily developed with suburban uses arranged within and atop natural hills and interlaced with canyons and other open space areas. Development on the Palos Verdes Peninsula is of a lower density than the development of the adjacent Los Angeles Basin and, as such, the Peninsula provides more vegetative cover and natural areas than the adjacent Los Angeles Basin.

Natural open space areas within and adjacent to Rolling Hills Estates include the George F. Canon Open Space Preserve, South Coast Botanical Gardens, and the Linden H. Chandler Nature Preserve. These features are described in Table 3.3.1.

Table 3.3.1 Natural Areas in the Project Vicinity Natural Area Description George F Canyon Open Space „ Owned by City of Rolling Hills Estates and operated by the Palos Preserve Verdes Peninsula Land Conservancy South of the Intersection of Palos Verdes Drive North and Palos Verdes Drive East „ 36 acres preserved in its natural state

South Coast Botanical Gardens „ Owned/operated by County of Los Angeles with assistance from the Northwest corner of Rolling Hills Road South Coast Botanical Garden Foundation and Lariat Lane, immediately north of Rolling Hills Estates „ 87-acre botanic garden

„ Various plant displays and water features

„ Various improvements, including an auditorium, exhibit hall, and gift shop

Linden H. Chandler Nature Preserve „ Joint-owned by City of Rolling Hills Estates and the Palos Verdes Bordering the southwest corner of the Peninsula Land Conservancy and operated by the Conservancy RHCC golf course „ 28 acres of open space

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PHYSICAL FEATURES OF THE PROJECT SITE

Geographically, the project site lies on the north-facing flanks of the Palos Verdes Hills overlooking the Los Angeles Basin. The topography of the project site is characterized by the Chandler’s quarry pit and the gently rolling hills that make up the existing RHCC golf course.

Drainage onsite generally flows from south/southwest to north/northeast (i.e., from the Palos Verdes Hills towards the Los Angeles Basin). Bent Springs Canyon and its unnamed tributary flow onto the site from the southwest and ultimately drain into the existing quarry pit onsite. Before percolating into the quarry, the flows of Bent Springs Canyon occasionally pond in a retention facility within the quarry area. Other onsite surface water features include a variety of existing golf course ponds. The USFWS Wetlands Mapper identifies five freshwater ponds, three freshwater forested/shrub wetlands, one freshwater emergent wetland, and one National Hydrography Data (NHD) stream (Bent Springs Canyon) onsite (see Figure 3.3.1). These ponds, wetlands, and stream are all associated with the RHCC golf course, are man-made features, and are not connected to any navigable waters. Therefore, they are not federal or state jurisdictional waters or wetlands.

VEGETATIVE CHARACTERISTICS AND RESOURCES

AMEC provides the following description of the site’s vegetation in their November 2007 BRA report (Appendix C):

The southern portion of the project site consists of the RHCC golf course (see Photographs 3 & 4 in Appendix C [of the BRA]). The conceptual landscape plant palette associated with the RHCC golf course is listed in Appendix B [of the BRA]. The northern portion of the project site consists of the Chandler Quarry, which is primarily void of vegetation (see Photographs 3, 5, & 6 in Appendix C [of the BRA]). There are a few small remnant patches of coastal sage scrub present along the steep- sided margins and bluffs of some of the Chandler Quarry’s mining pits (see Photographs 7,8, & 9 in Appendix C [of the BRA]). The habitats (and approximate acreages) present on-site include disturbed/Chandler Quarry (120 acres), disturbed/golf course (102 acres), freshwater ponds (1.6 acres), coastal sage scrub (1.5 acres), and freshwater emergent vegetation (0.4 acres) [Figure 3.3.2]). Plant species observed during the course of the field survey are listed in Appendix A [of the BRA]. Additional species not observed, but expected to occur on the project site, may have been undetectable because of the timing of the survey (blooming periods).

In addition to the general vegetative cover, the site contains 1,482 trees representing 77 species, as identified by Davey Research Group. Table 3.3.2 identifies the 15 tree species comprising more than 1% of the total tree population onsite.

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Table 3.3.2 Predominant Tree Species Onsite Species Count % of Total Pinus halepensis (ALEPPO PINE) 218 15% Eucalyptus globulus (BLUE GUM) 192 13% Eucalyptus citriodor (LEMON-SCENTED GUM) 150 10% Pinus canariensis (CANARY-ISLAND PINE) 118 8% Pinus radiata (MONTEREY PINE) 108 7% Fraxinus spp. (ASH SPECIES) 85 6% Myoporum laetum (MYOPORUM) 65 4% Washigtonia filifera (CALIFORNIA FAN PALM) 65 4% Schinus terebinthifo (BRAZILIAN PEPPER) 57 4% Schinus molle (CALIFORNIA PEPPER) 43 3% Greveilla robusta (SILK OAK) 36 2% Pinus spp. (PINE SPECIES) 26 2% Cupressus spp. (CYPRESS SPECIES) 22 1% Jacaranda mimosifoli (JACARANDA) 18 1% Pittosporum undulatum (VICTORIAN BOX) 15 1%

WILDLIFE CHARACTERISTICS AND RESOURCES

The vast majority of wildlife observed by AMEC onsite were birds. AMEC observed the following bird species onsite: red-tailed hawk (Buteo jamaicensis), American kestrel (Falco sparverius), rock pigeon (Columbia livia), mourning dove (Zenaida macroura), white-throated swift (Aeronautes saxatalis), Anna’s hummingbird (Calypte anna), common raven (Corvus corax), barn swallow (Hirundo rustica), California towhee (Pipilo crissalis), and house finch (Carpodacus mexicanus). The only other species observed by AMEC was the side-blotched lizard (Uta stansburiana).

Additional species that were not observed may exist onsite. Certain species may have been undetectable because of the timing of the survey, species seasonality (migratory patterns of birds), species daily activity patterns (diurnal, crepuscular, or nocturnal wildlife), behavior (fossorial or burrowing species), and/weather conditions (species that typically bask during sunny conditions or species associated with rainfall events [toads]).

WILDLIFE CORRIDORS AND CONNECTIVITY

The ability of wildlife to move from one area to another increases the value of the habitat. Habitats with wildlife movement opportunities increase the area for home range activities and allow for population dispersal and seasonal migration. Areas with physical or natural features that support wildlife movement are called wildlife corridors.

In general, there are three types of wildlife corridors – travel routes, habitat linkages, and wildlife crossings. Travel routes are linear landscape features, such as watercourses or ridgelines that provide

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physical resources (i.e., water and den sites) and are easily traveled (i.e., gentle topography and no obstructions). Habitat linkages are corridors of habitat that connect two or more larger patches of habitat. Wildlife crossings are physical features that allow wildlife to bypass physical obstructions, such as culverts under roadways.

The project site lies adjacent to the highly urbanized cities of Lomita and Torrance in the eastern portion of the City of Rolling Hills Estates. This portion of the City, although not completely urban, is largely developed with residential neighborhoods, the existing golf course, and the Chandler’s facility. Due to structures, fences, and other physical obstructions, non-avian wildlife cannot easily traverse the project site when traveling between larger tracts of habitat. Avian species, including birds, bats, and insects, which are not restricted by ground-level physical boundaries, can roost and forage onsite, either as part of their home range activities or as they migrate through the area.

SPECIAL STATUS SPECIES AND HABITATS

The literature review conducted by AMEC identified 32 special-status plants, animals, and habitats known to occur in the vicinity (within an approximate 3-mile radius) of the project site. These include 17 plants, 1 fish, 6 invertebrates, 1 reptile, 3 birds, 3 mammals, and 1 natural plant community. Table 3.3.3 summaries information on the special-status biological resources identified by the literature review. However because of a lack of suitable habitat, 23 of these species and habitats are absent from the project site. The remaining 9 species potentially occurring on the project site are discussed below. The Linden H. Chandler Nature Preserve, adjacent to the project site, is also discussed.

PLANTS

South Coast saltscale (Atriplex pacifica) South Coast saltscale is an annual herb that is native to California. It is included by the CNPS on list 1B.2 (rare, threatened, or endangered in CA and elsewhere; fairly endangered in CA). This species prefers alkali soils within coastal scrub, coastal bluff scrub, playas, and chenopod scrub habitats at 0- 140 meters (0-460 feet) elevation, and it blooms from March to October. Because of the small amount of coastal sage scrub present on the project site, there is a low potential that this species occurs.

Davidson’s saltscale (Atriplex serenana var. davidsonii) Davidson’s saltscale is an annual herb that is native to California. It is included by the CNPS on list 1B.2 (rare, threatened, or endangered in CA and elsewhere; fairly endangered in CA). This species prefers alkaline soils within coastal bluff scrub and coastal sage scrub habitats at 10-200 meters (33- 656 feet) elevation, and it blooms between April and October. Because of the small amount of coastal sage scrub present on the project site, there is a low potential that this species occurs.

Santa Catalina Island desert-thorn (Lycium brevipes var. hassei) Santa Catalina Island desert-thorn is a deciduous shrub that is native to California. It is included by the CNPS on list 1B.1 (rare, threatened, or endangered in CA and elsewhere; seriously endangered in CA). This species occurs on coastal bluffs and slopes within coastal bluff scrub and coastal sage scrub habitats at 10-300 meters (33-984 feet) elevation, and it blooms in June. Because of the small

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amount of coastal sage scrub present on the project site, there is a low potential that this species occurs.

Brand’s phacelia (Phacelia stellaris) Brand’s phacelia is an annual herb that is native to California. It is a Federal candidate for listing as threatened or endangered, and it is included by the CNPS on list 1B.1 (rare, threatened, or endangered in CA and elsewhere; seriously endangered in CA). This species occurs in open areas in coastal sage scrub and coastal dunes below 400 meters (1,312 feet) elevation, and it blooms between March and June. Because of the small amount of coastal sage scrub present on the project site, there is a low potential that this species occurs.

INVERTEBRATES

Monarch butterfly (Danaus plexippus) Monarch butterflies that spend the summer breeding season in western North America (Washington, Oregon, California, Idaho, and Montana) migrate to the southern coast of California, where they roost in eucalyptus trees, Monterey pines, and Monterey cypresses that are located in bays sheltered from wind or farther inland where they are protected from storms. In California, migrating monarchs begin appearing along the coast in October. By early March, overwintering sites are abandoned. Because of the presence of eucalyptus trees on the project site, there is a low potential for overwintering or roosting populations to be present between October and March.

AMPHIBIANS AND REPTILES

Coast (San Diego) horned lizard (Phrynosoma coronatum [blainvillii population]) The coast (San Diego) horned lizard is a California species of special concern (CSC). Its range extends from northern California to the tip of Baja California. The subspecies found in southern California, blainvillii, is distributed throughout the foothills and coastal plains from the Los Angeles area to northern Baja California. It frequents areas with abundant, open vegetation such as chaparral or coastal sage scrub. It is most often found on sandy or friable soils with open scrub. Habitat requirements include open areas for sunning, bushes for cover, and fine loose soil for rapid burial. Harvester ants are the primary food item of the horned lizard and indicate potential for occurrence of the lizard in an area. This species is primarily active in late spring and early summer (April through July), after which individuals typically aestivate. Because of the small amount of coastal sage scrub present on the project site, there is a low potential that this species occurs.

BIRDS

Coastal California Gnatcatcher (Polioptila californica californica) The coastal California gnatcatcher is federally threatened and a CSC. It is restricted to the coastal slopes of southern California, from Los Angeles County south to Baja California. It is closely associated with coastal sage scrub vegetation, particularly Diegan coastal sage scrub occurring on gentle slopes within the maritime and coastal climate zones. California sagebrush (Artemisia californica) and flat-topped buckwheat (Eriogonum fasciculatum) are the primary plants used by gnatcatchers when foraging for insects. Because of the small amount of fragmented coastal sage scrub present on the project site, there is a low potential that this species occurs.

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MAMMALS

San Diego desert woodrat (Neotoma lepida intermedia) The San Diego desert woodrat is a CSC. It occurs in coastal California from San Luis Obispo south through the Transverse and Peninsular Ranges into Baja California. Desert woodrats commonly inhabit Joshua tree woodlands, pinyon-juniper woodlands, mixed chaparral, sagebrush, and desert habitats. Because of the small amount of coastal sage scrub present on the project site, there is a low potential that this species occurs.

Pocketed free-tailed bat (Nyctinomops femorosaccus) The pocketed free-tailed bat is a CSC. It is an inhabitant of arid lower elevations usually around high cliffs and rugged rock outcrops. It has been found using diurnal roosts in caves, crevices in high cliff faces, rock outcroppings, and under the roof tiles of buildings. Because of the presence of cliff faces and crevices around some of the Chandler Quarry’s mining pits, there is a low potential that this species occurs.

LINDEN H. CHANDLER NATURE PRESERVE

The Linden H. Chandler Nature Preserve is a 28.5-acre property adjacent to the project site. It is owned jointly by the City of Rolling Hills Estates and the Land Conservancy. Habitat restoration and maintenance efforts have included restoration of grassland, wetland, and coastal sage scrub habitats. The Conservancy has added Palos Verdes blue butterfly host plants (e.g. deerweed and locoweed) to enhance the environmental conditions to a level that would favor release of the butterfly.

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Figure 3.3.1 USFWS Wetlands Mapper, Project Waters and Wetlands (Source: AMEC, November 2007)

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Figure 3.3.2 Project Site Habitat Types (Source: AMEC, November 2007)

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Table 3.3.3 Sensitive Species Potentially Occurring in the Project Vicinity (Source: AMEC, November 2007) 1 Status Activity/ CNPS Bloom Resource Federal State /BLM Habitat and Distribution Period Occurrence Probability2 PLANTS None None 1 B.2 Coastal bluff scrub, coastal dunes, coastal scrub. Mar-Jun Absent. Lack of suitable habitat. Aphanisma On bluffs and slopes near the ocean in sandy or Aphanisma blitoides clay soils. South Coast saltscale None None 1 B.2 Alkali soils within coastal scrub, coastal bluff Mar-Oct Low. Potentially in small patches of coastal Atriplex pacifica scrub, playas, chenopod scrub. sage scrub. Parish’s brittlescale None None 1 B.1 Alkali meadows, vernal pools, chenopod scrub, Jun-Oct Absent. Lack of suitable habitat. Atriplex parishii playas. Usuallyon drying alkali flats with fine soils. Davidson’s saltscale None None 1 B.2 Alkaline soils within coastal bluff scrub, coastal Apr-Oct Low. Potentially in small patches of coastal Atriplex serenana var. davidsonii scrub. sage scrub. Southern tarplant None None 1 B.1 Margins of marshes and swamps, valley and May-Nov Absent. Lack of suitable habitat. Centromadia parryi ssp. australis foothill grassland. Often in disturbed sites near the coast at marsh edges; also in alkaline soils sometimes with saltgrass. Orcutt’s pincushion None None 1 B.1 Sandy sites within coastal bluff scrub, coastal Jan-Aug Absent. Lack of suitable habitat. Chaenactis glabriuscula var. dunes. orcuttiana Salt marsh bird’s-beak E E 1 B.2 Coastal salt marsh, coastal dunes. Limited to the May-Oct Absent. Lack of suitable habitat. Cordylanthus maritimus ssp. higher zonesof the salt marsh habitat. maritimus Catalina crossosoma None None 1 B.2 Chaparral, coastal scrub. On rocky sea bluffs, Feb-May Absent. Lack of suitable habitat. Crossosoma californicum wooded canyons, Beach spectaclepod None T 1 B.1 Coastal dunes, coastal scrub. Sea shores, on sand Mar-May Absent. Lack of suitable habitat. Dithyrea maritima dunes, and sandy places near the shore. Island green dudleya None None 1 B.2 Rocky soils within coastal bluff scrub, coastal Apr-Jun Absent. Lack of suitable habitat. Dudleya virens ssp. insularis scrub.

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Table 3.3.3 Sensitive Species Potentially Occurring in the Project Vicinity (Source: AMEC, November 2007) 1 Status Activity/ CNPS Bloom Resource Federal State /BLM Habitat and Distribution Period Occurrence Probability2 Mexican flannelbush E R 1 B.1 Occurs in closed-cone coniferous forests Mar-Jun Absent. Lack of suitable habitat. Fremontodendron mexicanum dominated by Tecate cypress (Cupressus forbesii)and with mixed chaparral in southern California. Reports of individuals growing in Los Angeles County are believed to be garden escapees. Santa Catalina Island desert- None None 1B.1 Jun Coastal bluffs and slopes within coastal bluff Low. Potentially in small patches of coastal thorn scrub, coastal scrub. sage scrub. Lycium brevipes var. hassei None None 1 B.1 Coastal scrub, valley and foothill grassland, Apr-Jul Absent. Lack of suitable habitat. Prostrate navarretia vernal pools. Alkaline soils in grassland, or in Navarretia prostrata vernal pools. Coast woolly-heads None None 1 B.2 Coastal dunes. Apr-Sep Absent. Lack of suitable habitat. Nemacaulis denudata var. denudata Lyon’s pentachaeta E E 1 B.1 Chaparral, valley and foothill grassland. Edges of Mar-Aug Absent. Lack of suitable habitat. Pentachaeta lyonii clearings in chaparral, usually at the ecotone between grassland and chaparral or edges of Brand’s phacelia C None 1 B.1 Open areas within coastal scrub, coastal dunes. Mar-Jun Low. Potentially in small patches of coastal Phacelia stellaris sage scrub. Estuary seablite None None 1 B.2 Marshes and swamps. Coastal salt marshes in May-Oct Absent. Lack of suitable habitat. Suaeda esteroa clay, silt, and sand substrates. FISH Mohave tui chub E E None Endemic to the Mojave River basin, adapted to Year-round Absent. Lack of suitable habitat. Gila bicolor mohavensis alkaline, mineralized waters. Needs deep pools, ponds, or slough-like areas. Needs vegetation for spawning. In 1970, 147 chubs were released into an artificial pond at the South Coast Botanic Garden in Palos Verdes.

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Table 3.3.3 Sensitive Species Potentially Occurring in the Project Vicinity (Source: AMEC, November 2007) 1 Status Activity/ CNPS Bloom Resource Federal State /BLM Habitat and Distribution Period Occurrence Probability2 INVERTEBRATES Sandy beach tiger beetle None None None Inhabits areas adjacent to non-brackish water Year-round Absent. Lack of suitable habitat. Cicindela hirticollis gravida along the coast of California from San Francisco Bay to northern Mexico. Clean, dry, light-colored sand in the upper zone. Subterranean larvae prefer moist sand not affected by wave action. Tiger beetle None None None Mudflats and beaches in coastal southern Year-round Absent. Lack of suitable habitat. Cicindela latesignata latesignata California. Monarch butterfly None None None Winter roost sites extend along the coast from Oct-Mar Low. Possible overwintering or roosting Danaus plexippus northern Mendocino to Baja California, Mexico. populations. Roosts located in wind- protected tree groves eucalyptus, Monterey pine, Monterey cypress) with nectar and water sources nearby. Palos Verdes blue butterfly E None None Year-round Absent. Potential presence at the adjacent Restricted to the cool, fog-shrouded, seaward Glaucopsyche lygdamus Chandler Preserve where host plants have side of Palos Verdes Hills, Los Angeles County. palosverdesensis been introduced. Because of the lack of host Host plant is Astragalus Trichopodus var. lonchus plants on-site, the butterfly does not occur on (locoweed) or Lotus scoparius (deerweed). the project site. El Segundo flower-loving fly None None None Presumed extinct, but recently discovered on Year-round Absent. Lack of suitable habitat. Rhaphiomidas terminatus Malaga Dunes, Los Angeles County. Perched terminatus dunes. Mimic tryonia (California None None None Inhabits coastal lagoons, estuaries and salt Year-round Absent. Lack of suitable habitat. brackishwater snail) marshes from Sonoma County south to San Tryonia imitator Diego County. Found only in permanently submerged areas in a variety of sediment types; able to withstand a wide range of salinities. AMPHIBIANS AND REPTILES Coast (San Diego) horned None SC None Inhabits coastal sage scrub and chaparral in arid Apr-Jul Low. Potentially in small patches of coastal lizard and semi-arid climate conditions. Prefers friable, sage scrub. Phrynosoma coronatum (blainvillii rocky, or shallow sandy soils. population)

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Table 3.3.3 Sensitive Species Potentially Occurring in the Project Vicinity (Source: AMEC, November 2007) 1 Status Activity/ CNPS Bloom Resource Federal State /BLM Habitat and Distribution Period Occurrence Probability2 BIRDS None SC S Requires open water, protected nesting substrate, Year-round Absent. Lack of suitable habitat. Tricolored blackbird and foraging area with insect prey within a few Agelaius tricolor km of the colony. Coastal California gnatcatcher T SC None Obligate, permanent resident of coastal sage Year-round Low. Potentially in small patches of coastal Polioptila californica californica scrub below 2500 ft. in southern California. Low, sage scrub. coastal sage scrub in arid washes, on mesas and slopes. Not all areas classified as coastal sage scrub are occupied. California least tern E E None Nests along the coast from San Francisco Bay Apr-Oct Absent. Lack of suitable habitat. Sterna antillarum browni south to northern Baja California. Colonial breeder on bare or sparsely vegetated, flat substrates: sand beaches, alkali flats, land fills, or paved areas. MAMMALS San Diego desert woodrat None SC None Coastal sage scrub of southern California from Year-round Low. Potentially in small patches of coastal Neotoma lepida intermedia San Diego County to San Luis Obispo County. sage scrub. Moderate to dense Canopies preferred. They are particularly abundant in rock outcrops and rocky cliffs and slopes. Pocketed free-tailed bat None SC None Variety of arid areas in southern California; pine- Year-round Low. Potentially nests or roosts in cliff Nyctinomops femorosaccus juniper woodlands, desert scrub, palm oasis, crevices of mining pits. desert wash, desert riparian. Rocky areas with high cliffs. Pacific pocket mouse E SC None Inhabits the narrow coastal plains from the Year-round Absent. Lack of suitable habitat. PEROGNATHUS Mexican border north to El Segundo, Los LONGIMEMBRIS Angeles County. Seems to prefer soils of fine PACIFICUS alluvial sands near the ocean.

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Table 3.3.3 Sensitive Species Potentially Occurring in the Project Vicinity (Source: AMEC, November 2007) 1 Status Activity/ CNPS Bloom Resource Federal State /BLM Habitat and Distribution Period Occurrence Probability2 NATURAL COMMUNITIES Southern coastal bluff scrub None INV None Bluffs of Palos Verdes Peninsula from Malaga Year-round Absent. Lack of suitable habitat Cove to Cabrillo Beach. Along bluffs and steep slopes of immediate coast; distribution patchy due to development and disturbance. Native species include Rhus integrifolia (lemonadeberry), Encelia californica (California sunflower), Isocoma menziesii (coast goldenbush), Lycium californica (California boxthorn), Atriplex lentiformis (big saltbush), Isomeris (bladderpod), Opuntia spp. (prickly pear cacti), Eriogonum cinereum (ashyleaf buckwheat), Dudleya virens (green dudleya). 1 STATUS 2OCCURRENCE PROBABILITY FEDERAL (United States Fish and Wildlife Service) Occurs = Observed on the site by AMEC biologists, or recorded on-site by other qualified E = Federally listed as endangered biologists. T = Federally listed as threatened C = Federal candidate for listing as threatened or endangered High = Observed in similar habitat in region by qualified biologists, or habitat on the site is SC = Federally listed as species of concern a type often utilized by the species and the site is within the known range of the species. STATE (California Department of Fish and Game) E = California state-listed as endangered Moderate = Reported sightings in surrounding region, or site is within the known range of T = California state-listed as threatened the species and habitat on the site is a type occasionally used by the species. R = California state-listed as rare SC = California state-listed as species of special concern Low = Site is within the known range of the species but habitat on the site is rarely INV = Communities that are either known or believed to be of high priority for inventory in occupied by the species. CNDDB CNPS (California Native Plant Society) Absent = A focused study failed to detect the species, or no suitable habitat is present. 1B = CNPS list of plants that are rare, threatened, or endangered in California and elsewhere 2 = CNPS list of plants that are rare, threatened, or endangered in California, but more Unknown = Distribution and habitat use has not been clearly determined common elsewhere 3 = CNPS list of plants that require more information .1 = Seriously endangered in California .2 = Fairly endangered in California .3 = Not very endangered in California BLM (Bureau of Land Management) S = BLM sensitive species

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3.3.3 REGULATORY FRAMEWORK

Federal regulations protecting plant and animal species and habitats include the Endangered Species Act (ESA), the Clean Water Act (CWA), and the Migratory Bird Treaty Act (MBTA); California regulations include the California Endangered Species Act (CESA) and numerous sections of the Fish and Game Code, including the Native Plant Protection Act (NPPA), the Natural Community Conservation Planning Program (NCCPP), Sections 1600-1603 and 3505.5 of the California Fish and Game Code. These regulations, along with local policies and ordinances protecting biological resources, are detailed below.

FEDERAL REGULATIONS

FEDERAL ENDANGERED SPECIES ACT

The Federal Endangered Species Act of 1973 (ESA), 16 U.S.C. §§1531-1544, makes it unlawful to “take” any species identified by the U.S. Fish and Wildlife Service (USFWS) as threatened or endangered without a permit or approved exemption (16 U.S.C. §1538). “Take” means “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct;” an “incidental take” is a take of a listed species during an otherwise lawful activity. The ESA sets forth the following two categories of endangered species:

„ Endangered: “any species, which is in danger of extinction throughout all or a significant portion of its range” (16 U.S.C. § 1532(6)).

„ Threatened: “any species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range” (16 U.S.C. § 1532(20)).

The ESA also protects endangered species’ habitat by designating “critical habitat” at the time of a species’ listing or later (16 U.S.C. § 1532 (5)). Disturbing critical habitat may also constitute a “take.”

A project that has the potential to take or incidentally take an endangered or threatened species cannot proceed without an ESA permit issued by the United States Fish and Wildlife Service (USFWS). Two relevant ESA permits exist – ESA Section 7 Permit (16 U.S.C. §1536) (federal agency projects), and ESA Section 10 Permit (16 U.S.C. § 1539) (non-federal entity projects).

CLEAN WATER ACT OF 1972 (CWA)

Section 401 of the Clean Water Act (33 U.S.C. § 1344) delegates certification authority to States, under EPA guidance, expressly to set water quality standards to protect waters and wetlands. Section 401 review is conducted at the same time as other Federal agency permit review (i.e., Section 404 review, below). Before a project proponent can receive permission to discharge material into a “water of the United States,” a permit from the State must be obtained that certifies that the

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proposed discharge will comply with Section 401 and State water quality standards. The California Regional Water Quality Control Board administers the Section 401 program.1

Section 404 of the Clean Water Act protects watercourses, wetlands, and riparian vegetation by prohibiting the discharge of dredged or fill material into any water of the Untied States (wetlands and non-wetlands) without a permit from the United States Army Corps of Engineers (USACE or Corps). Such watercourses, wetlands, etc., are classified as “waters of the United States,” and include2:

a. The territorial seas with respect to the discharge of fill material. b. Coastal and inland waters, lakes, rivers, and streams that are navigable waters of the United States, including their adjacent wetlands. c. Tributaries to navigable waters of the United States, including adjacent wetlands. d. Interstate waters and their tributaries, including adjacent wetlands. e. All other waters of the Unites States not identified above, such as isolated wetlands, and f. Lakes, intermittent streams, prairie potholes, and other waters that are not part of a tributary system to interstate waters or navigable waters of the Unites States, the degradation or destruction of which could affect interstate commerce.

Boundaries of waters of the United States such as lakes, rivers and streams are set by the ordinary high water mark3 – the line on the shore formed by water level changes, physical characteristics such as a clear, natural line impressed on the bank, shelving, soil character changes, vegetation destruction, the presence of litter and debris, etc. Other waters, particularly wetlands, but also including intermittent drainage ways, require specialized analysis to determine first whether they are in fact waters of the United States and second, what constitutes their boundaries.

Wetlands are a subset of waters of the United States, but not all wetlands are within the USACE’s jurisdiction, or “jurisdictional.” Wetlands are areas inundated with water for at least a portion of the growing season, normally possess hydric soils4 (soils formed under saturated conditions, typically low in oxygen), and exhibit characteristic vegetation. The USACE has issued two manuals5 for identifying wetlands and determining jurisdiction, and recently issued a guidance publication after two 2006 U.S. Supreme Court cases attempted to clarify which wetlands were waters of the United States.6 Generally, in the arid regions of the western United States, wetlands must exhibit a dominant plant community comprised of plants that can withstand periodic inundation (the

1 California Environmental Protection Agency, State Water Resources Control Board, Water Quality, Clean Water Act Section 401 Certification and Wetlands Program, available at http://www.waterboards.ca.gov/cwa401/index.html (last updated 3/14/08). 2 33 C.F.R. § 328.3. 3 33 C.F.R. § 328.3(e) (definition of ordinary high water mark). 4 United States Department of Agriculture, Natural Resources Conservation Service, Hydric Soils - Introduction, available at http://soils.usda.gov/use/hydric/intro.html, last accessed March 6, 2008. 5 United States Army Corps of Engineers, Wetlands Delineation Manual, Technical Report Y-87-1, 1987; United States Army Corps of Engineers, Wetlands Regulatory Assistance Program, Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region, December 2006. 6 Benjamin H. Grumbles and John Paul Woodley, Jr., Clean Water Act Jurisdiction Following the U.S. Supreme Court’s Decision in Rapanos v. United States and Carabell v. United States, joint publication of the United States Environmental Protection Agency and the United States Department of the Army, June 5, 2007, available at www.usace.army.mil/cw/ cecwo/reg/cwa_guide/rapanos_guide_memo.pdf (last accessed March 6, 2008).

City of Rolling Hills Estates 3.3-16 Chandler Ranch /Rolling Hills Country Club Project 3.3 Biological Resources

“dominance” test),7 the presence of a diverse plant community in an area with other wetland indicators (the “prevalence” test),8 and presence of plants with various adaptations for inundation (Morphological Adaptations), as well as specific hydric soil indicators.9

The most recent USACE guidance for establishing CWA jurisdiction advises that:10

The agencies [includes both the USACE and EPA] will assert jurisdiction over the following waters:

„ Traditional navigable waters

„ Wetlands adjacent to traditional navigable waters

„ Non-navigable tributaries of traditional navigable waters that are relatively permanent where the tributaries typically flow year-round or have continuous flow at least seasonally (e.g., typically three months)

„ Wetlands that directly abut such tributaries

The agencies will decide jurisdiction over the following waters based on a fact- specific analysis to determine whether they have a significant nexus with a traditional navigable water:

„ Non-navigable tributaries that are not relatively permanent

„ Wetlands adjacent to non-navigable tributaries that are not relatively permanent

„ Wetlands adjacent to but that do not directly abut a relatively permanent non-navigable tributary

„ The agencies generally will not assert jurisdiction over the following features:

„ Swales or erosional features (e.g., gullies, small washes characterized by low volume, infrequent, or short duration flow)

„ Ditches (including roadside ditches) excavated wholly in and draining only uplands and that do not carry a relatively permanent flow of water

The agencies will apply the significant nexus standard as follows:

„ A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by all wetlands adjacent to the tributary to

7 United States Army Corps of Engineers, Wetlands Regulatory Assistance Program, Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region, December 2006, at 12. 8 Id., at 19. 9 Id., at 25-29. 10 Benjamin H. Grumbles and John Paul Woodley, Jr., footnote 6 above, at 1.

City of Rolling Hills Estates 3.3-17 Chandler Ranch /Rolling Hills Country Club Project 3.3 Biological Resources

determine if they significantly affect the chemical, physical and biological integrity of downstream traditional navigable waters; and

„ Significant nexus includes consideration of hydrologic and ecologic factors.

The USACE, not a project proponent, makes the ultimate jurisdictional determination. When jurisdiction is established, the USACOE reviews the lead agency’s proposed mitigation measures and requires additional measures as appropriate.

MIGRATORY BIRD TREATY ACT (MBTA)

The Migratory Bird Treaty Act (16 U.S.C. §§ 701-712) protects migratory bird species by prohibiting all taking, capturing, killing or possessing migratory birds or their eggs and nests, including any product made from a migratory bird, except when authorized by the U.S. Fish and Wildlife Service or a treaty provision.11 The MBTA applies to all non-game birds except non-native species such as the house sparrow, starling, and feral game pigeon.

CALIFORNIA REGULATIONS

CALIFORNIA ENDANGERED SPECIES ACT

The California Endangered Species Act (CESA) (Cal. Fish & Game §§ 2050-2068), prohibits importing, exporting, taking, possessing, buying or selling a listed endangered or threatened species without a permit. CESA defines endangered, threatened and candidate species as:

„ Endangered: a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant which 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. Any species determined [to be] “endangered” on or before January 1, 1985, is an “endangered species.”12

„ Threatened: 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 [to be] “rare” on or before January 1, 1985, is a threatened species.13

„ Candidate species: a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that [has been] formally noticed as being under review by the department for addition to the either the list of endangered species or the list of threatened species, or a species [that has been proposed for listing and where proper notice has been published] to add the species to either list.

11 16 U.S.C. § 703(a). 12 Cal. Fish & Game § 2062. 13 Id., § 2067.

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The California Department of Fish and Game administers the CESA. California Fish and Game Code § 2081 directs the Department with respect to issuing “take” permits for a CESA-listed species. Permits can be in the form of a simple “permit,” or a Memorandum of Understanding, a Natural Communities Conservation Plan (NCCP), a Habitat Conservation Plan (HCP), or a Habitat Management Plan (HMP); all are subject to Department of Fish and Game approval.14 Permits cannot be issued if the proposed action would “jeopardize the continued existence of the species.”15

CALIFORNIA NATIVE PLANT PROTECTION ACT

The California Native Plant Protection Act (Cal. Fish and Game §§ 1900-1913) added protections to rare or endangered native plant species. It prohibits importing, taking, possessing, or selling (with certain exceptions) rare or endangered native plants.16

NATURAL COMMUNITY CONSERVATION PLANNING PROGRAM (NCCPP)

Sections 2800-2835 of the California Fish and Game Code established the Natural Community Conservation Planning Program, which enables the Department of Fish and Game to enter into agreements with other public agencies or private individuals for establishing conservation and/or habitat conservation plans and to “provide for comprehensive management and conservation of multiple wildlife species.”17 Where such a natural community plan is in place, the agreements and stipulations will address where takings are permitted.18

PROTECTION FOR RIVERS, STREAMS AND LAKES

Sections 1600-1616 of the California Fish and Game Code prohibit diversion or obstruction of, and discharge of material into any California river, stream or lake without a Streambed Alteration Agreement issued by the Department of Fish and Game.19 Generally, the Department’s jurisdiction extends to the outer edge of riparian vegetation. Notably, the Code prohibits the Department from approving such an activity unless there are “reasonable measures” in place that avoid substantial adverse effects to the water resource.20 Certain exceptions apply, including routine maintenance of water supply systems, drainage or flood controls, and waste treatment systems.21

PROTECTION FOR RESIDENT AND MIGRATORY BIRDS

Sections 3503-3517 of the California Fish and Game Code protect birds, as well as their nests and eggs. Particularly, § 3503 makes it unlawful to take, possess, or needlessly destroy bird nests or eggs; § 3800 prohibits (with certain exceptions) taking California-native, non-game birds. Moreover, § 3513 directly incorporates the Migratory Bird Treaty Act, making it unlawful to take or possess any migratory non-game bird or part of such bird(s).

14 Id., § 2081. 15 Id., § 2081(c). 16 Id., § 1908. 17 Id., § 2810, 18 Id., § 2830. 19 Id., § 1602. 20 Id., § 1602(a). 21 Id., § 1602(b).

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CALIFORNIA WETLANDS CONSERVATION POLICY/EXECUTIVE ORDER W-59-93.22

In August 1993, then-Governor Pete Wilson instituted the California Wetlands Conservation Policy, and issued Executive Order W-59-93 to implement the Policy. Policy goals include ensuring no overall net loss of wetlands, achieving long-term net gain in quantity, quality, and permanence of wetlands acreage, and to encourage partnerships between the public and private sectors for wetlands conservation and restoration.

LOCAL POLICIES AND ORDINANCES

CITY OF ROLLING HILLS ESTATES GENERAL PLAN

The Conservation Element of the City of Rolling Hills Estates General Plan identifies that new large scale development in areas within the Ecological Overlay Zone must adhere to the following guidelines:

„ Field surveys to identify potential resources must be undertaken prior to any development or significant alteration of these areas.

„ Any fuel modification program for fire prevention must be evaluated by knowledgeable professionals to ensure appropriate mitigation is followed.

„ All new development in these areas must undergo appropriate environmental review pursuant to the California Environmental Quality Act.

„ Trustee agencies including the California Department of Fish and Game and local environmental organizations such as the Audubon Society must be notified of large scale development proposals as part of the environmental review process.

„ When threatened and/or endangered specifies are encountered, the directives of the Department of Interior and the State of California Department of Fish and Game will be considered.

In addition to the Ecological Overlay Zone, the following Goals, Policies, and Implementation Measures relate to potential biological resource impacts of development projects:

Goal 1 Preserve the natural environment of the Palos Verdes Peninsula through the conservation of natural resources, the maintenance of a balanced ecology and the prevention of environmental degradation.

Policy 1.1 Maintain the natural canyons and hillside areas for passive open space and/or for incorporation into the Citywide trails system.

1.1.1 Implementation Measure: Implement the General Plan Land Use policy which indicates the location and extent of future land uses in the area.

22 California Resources Agency, Wetlands Information System, California Wetland Policies and Programs, available at http://ceres.ca.gov/wetlands/introduction/policies_and_programs.html, last modified Tuesday, August 18, 1998.

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Goal 2: Preserve local plant and animal life and their habitats in the Peninsula.

Policy 2.1 Strive to protect the remaining wildlife population of the area and prevent the destruction of the remaining natural habitats.

2.1.1 Implementation Measure: All new development within areas determined to have a high ecological sensitivity will be required to submit biological field studies to identify potential impacts. All subdivisions located within the Ecological Resources Overlay Zone will be required to comply with the General Plans special guidelines (refer to [General Plan] Section 53).

Policy 2.2 Preserve the existing vegetation in the open space corridors in its natural state while being sensitive to fire protection policies.

Policy 2.3 Encourage the re-establishment of appropriate native plants by requiring developments to prepare landscape plans that promote the preservation, protection, and enhancement of vegetation, wildlife and natural habitats.

Policy 2.4 Implement the General Plan guidelines for the restoration of habitats for sensitive and/or endangered species.

3.3.4 THRESHOLDS OF SIGNIFICANCE

Without mitigation, the project would have a significant impact if it would:

1. Be a project, other than a minor lot improvement undertaken by an individual homeowner, and be located in a high ecological sensitivity area as defined by the General Plan and not preserve ecological habitat that is found at the project site in accordance with the guidelines established by the General Plan Conservation Element;

2. Conflict with General Plan policies for protecting biological resources;

3. Result in the loss of any (i) Environmentally Sensitive Area as defined by the City of Rolling Hills Estates, (ii) natural undeveloped canyon or (iii) hillside area;

4. 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;

5. 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 California Department of Fish and Game, U.S. Army Corps of Engineers and/or U.S. Fish and Wildlife Service;

City of Rolling Hills Estates 3.3-21 Chandler Ranch /Rolling Hills Country Club Project 3.3 Biological Resources

6. Have a substantial adverse effect on 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;

7. Interfere substantially with (i) the movement of any native resident or (ii) migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or (iii) impede the use of native wildlife nursery sites;

8. Have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number, or restrict the range of a rare or endangered plant or animal; or

9. Have biological resource impacts that are individually limited, but cumulatively considerable.

3.3.5 IMPACT DISCUSSION

TOPICS FOR WHICH THE PROJECT WOULD HAVE NO IMPACT

ECOLOGICAL SENSITIVE AREAS DEFINED BY/IDENTIFIED IN THE ROLLING HILLS ESTATES GENERAL PLAN, NATURAL UNDEVELOPED CANYONS, AND HILLSIDE AREAS (THRESHOLDS 1 AND 3)

The project site is not within an Ecological Overlay Zone, as identified in Exhibit 5-1 of the Rolling Hills Estates General Plan. Likewise, the project would not result in the loss of any ecological sensitive areas, natural undeveloped canyons, or sensitive hillside areas. The only sensitive natural area on the project site is the Dead Horse Canyon area in the extreme northwest portion of the site. This area is proposed to be preserved as a natural open space set aside. As such, the proposed project would have no impact on ecological sensitive areas, natural undeveloped canyons, or hillside areas.

TOPICS FOR WHICH THE PROJECT WOULD HAVE POTENTIAL IMPACTS

POTENTIAL TO ADVESRLY EFFECT CANDIDATE, SENSITIVE, OR SPECIAL STATUS SPECIES, 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, REDUCE THE NUMBER OR RESTRICT THE RANGE OF A RARE OR ENDANGERED PLANT OR ANIMAL (THRESHOLDS 4 AND 8)

Impact BIO-1: The project site has a low potential to support one federally threatened species, the coastal California gnatcatcher, and eight other special status species. If present onsite, construction of the proposed project could result in mortalities of individuals of these species and could degrade and/or eliminate the species’ habitat onsite. This is a significant but mitigable impact.

City of Rolling Hills Estates 3.3-22 Chandler Ranch /Rolling Hills Country Club Project 3.3 Biological Resources

Four special status plants and five special status wildlife species have a low potential to exist onsite. These nine species are described above in subsection 3.3.2 and consist of:

Plants

„ South Coast saltscale (Atriplex pacifica) – CNPS list 1B.2

„ Davidson’s saltscale (Atriplex serenana var. davidsonii) – CNPS list 1B.2

„ Santa Catalina Island desert-thorn (Lycium brevipes var. hassei) – CNPS list 1B.1

„ Brand’s phacelia (Phacelia stellaris) – federal candidate for listing as threatened or endangered, and CNPS list 1B.1

Invertebrates

„ Monarch butterfly (Danaus plexippus) – No state or federal designation; however the CNDDB tracks winter hibernation sites in California because of its migration pattern.

Amphibians and Reptiles

„ Coast (San Diego) horned lizard (Phrynosoma coronatum [blainvillii population]) - CSC

Birds

„ Coastal California Gnatcatcher (Polioptila californica californica) – FT and CSC.

Mammals

„ San Diego desert woodrat (Neotoma lepida intermedia) – CSC

„ Pocketed free-tailed bat (Nyctinomops femorosaccus) – CSC.

Of these species, only the coastal California gnatcatcher is a formally regulated species (i.e., formally listed as threatened or endangered).23 Gnatcatchers were not observed onsite and AMEC concluded that the species has a low potential to occur onsite since the site’s coastal sage scrub habitat is likely too small to support nesting gnatcatchers. Regardless, due to its federal classification as a threatened species, preconstruction surveys in accordance with USFWS protocols are required for the gnatcatcher. Mitigation Measure BIO-1 requires such surveys and identifies mitigating measures that must be implemented if the species is found onsite. With the implementation of Mitigation Measure BIO-1, the proposed project would not significantly impact the coastal California gnatcatcher.

Like the gnatcatcher, the four special status plant species with potential to occur onsite are associated with coastal sage scrub habitat. None of these four species were found during site surveys and AMEC concluded that all four have a low potential to occur onsite. Nevertheless,

23 Formal regulation is only afforded to species that are listed as threatened or endangered by the ESA or CESA. The taking of threatened or endangered species requires a permit(s) from the USFWS and/or CDFG. Taking of species listed under any other category does not require a permit(s). See subsection 3.3.3 for further details.

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Mitigation Measure BIO-2 requires a preconstruction survey for sensitive plants and identifies the appropriate measures to undertake should sensitive plants be found onsite. With the incorporation of Mitigation Measure BIO-2, the proposed project would not significantly impact any special status plants.

The final four special status species with potential to occur onsite consist of two ground-dwelling species and two avian species. The two ground-dwelling special-status species with potential to occur onsite are the coast horned lizard and the San Diego desert woodrat. The only habitat type onsite that could support either of these species is coastal sage scrub and AMEC concluded that both species have a low potential to occur onsite. The two avian special-status species with potential to occur onsite are the monarch butterfly and the pocket free-tailed bat. The monarch butterfly, which is not identified by either the USFWS or the CDFG as a sensitive species, has a low potential to overwinter or roost in the eucalyptus trees onsite (per AMEC). The pocket free-tailed bat has a low potential to exist in the cliff faces and crevices of the Chandler quarry pit (per AMEC). Mitigation Measure BIO-3 requires a biologist to be present during site construction to identify and protect any individuals of these four species, should any happen to exist onsite. With the incorporation of Mitigation Measure BIO-3, the proposed project would not significantly impact any special status wildlife species.

POTENTIAL TO ADVERSELY EFFECT SENSITIVE NATURAL COMMUNITIES, RIPARIAN HABITAT, AND WETLANDS (THRESHOLDS 5 AND 6)

Impact BIO-2: The proposed project would result in the loss of 1.5 acres of remnant coastal sage scrub habitat that exists on the northern cliffs of the Chandler’s quarry pit. The project would also marginally impact a patch of non-jurisdictional freshwater emergent vegetation along the site’s southeastern boundary. Neither coastal sage scrub nor freshwater emergent vegetation is considered a sensitive natural community. This impact is a potentially significant but mitigable impact.

The project site does not contain any designated sensitive natural communities. The only natural plant communities that exist within the portion of the site proposed for development are coastal sage scrub and freshwater emergents (see Figure 3.3.2), neither of which are designated sensitive natural communities. The coastal sage scrub habitat onsite comprises 1.5 acres of steep sloping land within the northern quarry cliffs. This remnant patch of coastal sage scrub is isolated and not connected to any other habitats. The proposed project would result in the loss of all 1.5 acres of this coastal sage scrub habitat. Mitigation Measure BIO-4 requires project open-spaces and slopes to be landscaped with native plants and designed to promote habitat value. With the incorporation of this mitigation measure, the project’s removal of 1.5 acres of remnant coastal sage scrub is a less than significant impact.

The freshwater emergents that exist onsite comprise 0.4 acres in the extreme southeastern portion of the project site. This freshwater emergent vegetation is associated with an isolated canyon/drainage feature that exists immediately south of the project site. The vegetation associated with this drainage feature extends onto the project site in two nearby locations, along the south boundary of the existing RHCC driving range and along the east side of the RHCC’s existing tennis courts. AMEC has evaluated the areas of freshwater emergents that extend onsite and has determined that they are not federal or state jurisdictional waters or wetlands (see Appendix C).

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The freshwater emergents along the south side of the RHCC driving range would not be impacted by the proposed project. Similarly, the freshwater emergents along the RHCC tennis courts would be largely preserved, with only a small portion of this area being affected by project grading. In addition, the proposed project would remove the RHCC from this location and, as a result, would create more distance between the freshwater emergent vegetation and the functional portion of the golf course. Since the freshwater emergent vegetation onsite would only be marginally impacted and, since the freshwater emergent vegetation onsite is not federal or state jurisdictional wetlands, the project’s impact on freshwater emergent vegetation is a less than significant impact.

In addition to the freshwater emergents onsite, the project site includes five man-made freshwater ponds on the golf course. All five existing ponds would be removed and replaced with five new golf course ponds in different locations throughout the proposed course. Like the freshwater emergents onsite, AMEC determined that the golf course ponds are not jurisdictional on either the federal or state level. Given the man-made and non-jurisdictional nature of the existing ponds onsite, and that the proposed golf course includes five new ponds, the project’s impact on freshwater pond habitat is less than significant.

POTENTIAL TO INTERFERE WITH THE MOVEMENT OF NATIVE RESIDENTS, MIGRATORY FISH, OR WILDLIFE SPECIES OR TO IMPEDE THE USE OF WILDLIFE CORRIDORS OR WILDLIFE NURSERY SITES (THRESHOLD 7)

Impact BIO-3: The proposed project would have no long-term impact on the movement of resident or migratory wildlife or wildlife nursery sites/breeding. However, construction of the proposed project could temporarily interfere with the movement of resident wildlife, could temporary displace individuals, and could disrupt normal wildlife behavior and breeding. This is a potentially significant impact that can be mitigated to a less than significant level.

The project site lies within a portion of Los Angeles County that is mostly developed with suburban uses. Wildlife, other than avian species, cannot easily migrate through this developed area. Further, the project site does not connect any tracts of habitat or open space, does not contain a wildlife crossing or wildlife nursery site, and does not contribute to wildlife corridor or migration route. Nonetheless, the proposed project would not restrict wildlife movement or migration through the site. The project proposes 173.69 acres of open space (151.86 acres of golf course land, 16.45 acres of maintained slopes, a 3.99-acre natural open space set aside, and 1.39 acres of parks and overlook lots), which allows for open wildlife movement and migration.

Construction of the project could, however, temporarily interfere with the movement of resident wildlife, could temporary displace individuals, and could disrupt normal wildlife behavior. Smaller, less mobile wildlife, such as small mammals and reptiles, could be crushed by construction equipment or entrapped in trenches. Other wildlife, such as birds and larger mammals, would likely leave the project area as construction activities approach. These animals may relocate into similar habitats nearby; however, the lack of adequate territorial space could force these animals into suboptimal habitat and could lower reproductive success and survival. Increased densities of animals in these habitats due to relocation of displaced individuals could also reduce reproductive

City of Rolling Hills Estates 3.3-25 Chandler Ranch /Rolling Hills Country Club Project 3.3 Biological Resources

success of animals not displaced by construction. Some wildlife would likely return to the newly disturbed areas and adjacent, undisturbed habitats soon after completion of construction.

In addition, depending on the season, construction could disrupt the courting or nesting of birds and breeding of other wildlife on or adjacent to the project site. As discussed in subsection 3.3.3, the MBTA and the CDFG Code protect most native, non-game birds, as well as their nests and eggs. Incorporation of Mitigation Measure BIO-5 would prevent destruction of active nests and eggs, and would ensure compliance with the MBTA and CDFG Code. With the incorporation of Mitigation Measure BIO-5, the proposed project’s impact on the movement/migration of wildlife, wildlife corridors, and wildlife nursery sites/breeding would be less than significant.

POTENTIAL TO CONFLICT WITH GENERAL PLAN POLICIES FOR PROTECTING BIOLOGICAL RESOURCES (THRESHOLD 2)

Impact BIO-4: If not properly designed, the proposed project has the potential to disregard the Rolling Hills Estates General Plan policies regarding re- establishment of native plants and habitat restoration. This is a potentially significant but mitigable impact.

The policies for protecting biological resources identified in the Rolling Hills Estates General Plan, as detailed above in subsection 3.3.3, relate to maintaining natural canyons and hillside areas; protecting wildlife populations and remaining natural habitats; preserving vegetation in open space corridors; encouraging the re-establishment of native plants; and implementing the General Plan guidelines for the restoration of habitats for sensitive and/or endangered species. Insomuch as the project includes a natural open space set aside, the proposed project would promote the City’s policies regarding maintaining natural canyons and hillside areas, protecting natural habitats, and preserving vegetation in open spaces corridors. Mitigation Measure BIO-4 requires project open- spaces and slopes to be landscaped with native plants and designed to promote habitat value. With the incorporation of this mitigation measure, the project would uphold the City’s policies regarding re-establishment of native plants and habitat restoration. Therefore, with the incorporation of Mitigation Measure BIO-4, the proposed project would not conflict with any policies for protecting biological resources identified in the Rolling Hills Estates General Plan and would cause no related significant impacts.

3.3.6 CUMULATIVE IMPACTS (THRESHOLD 9)

With implementation of the identified mitigation measures, the proposed project would not result in a loss of special status habitat, would not impact any special status plant or wildlife species, and would not directly or indirectly impact any jurisdictional areas. Therefore, the proposed project would not contribute to cumulative losses of special status plant species or habitat, and no significant cumulative biological impacts would occur as a result of implementation of the proposed project.

City of Rolling Hills Estates 3.3-26 Chandler Ranch /Rolling Hills Country Club Project 3.3 Biological Resources

3.3.7 MITIGATION MEASURES

MM BIO-1: No greater than one year prior to any earth-moving or vegetation disturbing activities, a qualified biologist shall conduct presence/absence surveys for the coastal California gnatcatcher in accordance with USFWS protocol (1997). Breeding and non-breeding season survey protocol for presence/absence of coastal California gnatcatchers in non-NCCP areas are as follows:

„ From March 15 through June 30, a minimum of six (6) surveys shall be conducted at least one week apart.

„ From July 1 through March 14, a minimum of nine (9) surveys shall be conducted at least two weeks apart.

„ Surveys shall be conducted between 6:00 a.m. and 12:00 p.m. Surveys shall avoid periods of excessive or abnormal heat, wind, rain, fog, or other inclement weather.

„ Taped coastal California gnatcatcher vocalizations shall be used only until individuals have been initially located. Tapes shall not be used frequently or to elicit further behaviors from the birds.

„ Surveys shall be conducted by slowly walking survey routes. Sites with deep canyons, ridge lines, steep terrain, and thick shrub cover shall be surveyed more slowly.

„ Prevailing site conditions and professional judgment must be applied to determine appropriate survey rates and acreage covered per day. These factors may dictate that the maximum daily coverage specified in the protocol is not prudent under certain conditions.

„ A report shall be provided to the USFWS and CDFG within 45 days following the field surveys.

If coastal California gnatcatchers are present, the following measures shall be implemented:

„ The applicant shall conduct a formal consultation with the USFWS/CDFG and acquire all appropriate permits.

„ A qualified biological monitor must be present during all clearing activities to make sure no birds or nests are directly harmed or destroyed.

„ Construction limits shall be fenced or flagged prior to construction activities to avoid inadvertent disturbance of areas outside the construction zone.

„ All trash associated with construction activities shall be properly contained and disposed.

City of Rolling Hills Estates 3.3-27 Chandler Ranch /Rolling Hills Country Club Project 3.3 Biological Resources

„ To mitigate for the permanent loss of occupied habitat because of the proposed activities, the applicant shall prepare a restoration Habitat Conservation Plan that includes performance criteria, such as percent cover by native and non-native plants, native plant diversity, and evidence of natural reproduction, which must be met. The restoration plan must be reviewed and approved by the U.S. Fish and Wildlife Service.

Evidence that a presence/absence survey was conducted and any follow up activity shall be presented to the Planning Director prior to the issuance of any grading/building permits.

MM BIO-2: No greater than one year prior to any earth-moving or vegetation disturbing activities, a qualified biologist shall conduct rare plant surveys in accordance with USFWS (2000), CDFG (2000), and CNPS (2001) protocols. To capture all special-status species potentially occurring during their respective blooming periods (see Table 3.3.1), these surveys shall be conducted between April and June in areas where special-status plant species are potentially present (e.g., coastal sage scrub remnant patches). Evidence that a rare plant survey was conducted and any follow up activity shall be presented to the Planning Director prior to the issuance of any grading/building permits.

In addition, a qualified biologist shall be present during construction activities to ensure the protection of special-status plant species. If special-status plant species are found on the project site, California's Native Plant Protection Act requires notification of the CDFG at least 10 days in advance of any site disturbance. This shall provide for the salvaging of special-status plants that would otherwise be destroyed. If presence of the special-status plant species is assumed and mitigated, it is possible that this requirement would be waived. This would need to be determined during negotiation with the City of Rolling Hills Estates and their USFWS and/or CDFG contacts.

MM BIO-3: A qualified biologist shall conduct general wildlife surveys prior to any earth- moving or vegetation disturbing activities to determine the presence/absence of other special-status wildlife species, such as the monarch butterfly, coast horned lizard, San Diego desert woodrat, and pocketed free-tailed bat. Evidence that a general wildlife survey was conducted and any follow up activity shall be presented to the Planning Director prior to the issuance of any grading/building permits. A qualified biologist shall be present during all construction activities to ensure the protection of all wildlife. If special-status animal species are found on the project site, construction activities shall be halted and buffers installed until the species is out of harm’s way. General construction activities shall be conducted in a manner that minimizes mortality of the species and degradation of habitat. If special-status wildlife species are found onsite, consultation with USFWS and CDFG shall be initiated by the project applicant.

MM BIO-4: The project proponent shall engage a California-registered landscape architect and qualified botanist to prepare landscape plans for project-area open spaces and manufactured slopes. The open-space and slope landscape plans shall use

City of Rolling Hills Estates 3.3-28 Chandler Ranch /Rolling Hills Country Club Project 3.3 Biological Resources

only region-specific native plants and shall be designed to promote habitat value, particularly coastal sage scrub habitat.

MM BIO-5: Clearing, grubbing, and/or removal of vegetation shall be conducted outside the bird-nesting season (i.e., between September 1-February 28). Any grubbing and/or removal of vegetation during the bird nesting season (i.e., between March 1-August 31) will require a nesting survey by a qualified biologist at least one (1) week prior to the activity and weekly thereafter. If discovered, all active nests shall be avoided and provided with a buffer zone of 300 feet (500 feet for all raptor nests) or a buffer zone that otherwise meets the minimum requirements of the California Department of Fish and Game. Once buffer zones are established, work shall not commence/resume within the buffer until a qualified biologist confirms that all fledglings have left the nest, which would likely not occur until the end of the nesting season.

3.3.8 LEVEL OF SIGNIFICANCE AFTER MITIGATION

With the incorporation of the identified mitigation measures, the proposed project would not significantly impact biological resources. The following table is a summary of the thresholds of significance, level of potential impacts, and associated mitigation measures:

Table 3.3.4 Summary of Thresholds of Significance, Mitigation Measures, and Level of Significance for Biological Resource Impacts Threshold of Significance Applicable Mitigation Measures Level of Significance Be a project, other than a minor lot None Required No Impact improvement undertaken by an individual homeowner, and be located in a high ecological sensitivity area as defined by the General Plan and not preserve ecological habitat that is found at the project site in accordance with the guidelines established by the General Plan Conservation Element.

Conflict with General Plan policies for MM BIO-4 Less than Significant protecting biological resources. After Mitigation

Result in the loss of any (i) None Required No Impact Environmentally Sensitive Area as defined by the City of Rolling Hills Estates, (ii) natural undeveloped canyon or (iii) hillside area;

Have a substantial adverse effect, either MM BIO-1, MM BIO-2, and MM BIO-3 Less than Significant directly or through habitat modifications, After Mitigation 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

City of Rolling Hills Estates 3.3-29 Chandler Ranch /Rolling Hills Country Club Project 3.3 Biological Resources

Table 3.3.4 Summary of Thresholds of Significance, Mitigation Measures, and Level of Significance for Biological Resource Impacts Threshold of Significance Applicable Mitigation Measures Level of Significance and Game or U.S. Fish and Wildlife Service;

Have a substantial adverse effect on any MM BIO-4 Less than Significant riparian habitat or other sensitive natural After Mitigation community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game, U.S. Army Corps of Engineers and/or U.S. Fish and Wildlife Service;

Have a substantial adverse effect on None Required Less than Significant 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 (i) the MM BIO-5 Less than Significant movement of any native resident or (ii) After Mitigation migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or (iii) impede the use of native wildlife nursery sites;

Have the potential to degrade the quality MM BIO-1, MM BIO-2, and MM BIO-3 Less than Significant of the environment, substantially reduce After Mitigation the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number, or restrict the range of a rare or endangered plant or animal; or

Have biological resource impacts that are MM BIO-1, MM BIO-2, and MM BIO-3 Less than Significant individually limited, but cumulatively After Mitigation considerable.

City of Rolling Hills Estates 3.3-30 Chandler Ranch /Rolling Hills Country Club Project