Rambla Pacifico Street Reconstruction EIR Section 4.1 Biological Resources
4.1 BIOLOGICAL RESOURCES
This section analyzes the proposed project’s impacts to biological resources. Both direct impacts associated with site development and indirect impacts to off-site biological resources are addressed.
4.1.1 Setting
a. Regional Setting. The project site is located within the City of Malibu, Los Angeles County, California, in the southern portion of the Santa Monica Mountains of the greater South Coast Range. The Santa Monica Mountains consist of steeply sloping hills and narrow canyons ranging in elevation from zero feet above sea level, where the mountains meet the ocean, to over 3100 feet above sea level. The region is characterized by a Mediterranean climate with mild, wet winters and warm, dry summers. Precipitation falls primarily during the winter months and averages approximately 24 inches per year (Western Regional Climate Center, 2010). The project site, approximately 750 feet as the crow flies north of the Pacific Ocean, lies on a coastal bluff that is adjacent to the terminus end of the Las Flores Canyon Watershed. Las Flores Creek, which is bounded on the east by housing and on the west by Rambla Pacifico Street, carries runoff from one of the largest watersheds in the Santa Monica Mountains and provides sand for Las Flores Beach.
The following analysis is based in part on a Biological Assessment performed by Forde Biological Consultants (FBC)(June 2007 and update dated November 2008, January 2010), which includes a rare plant survey conducted by Dr. Edith Read; a Protected Tree Report by FBC (November 2008); a Revegetation Plan for Lower Rambla Pacifico Street prepared by Dr. Edith Read (January 2010); a literature review concerning biological resources known to occur in the area; and review of aerial photography of the site. For purposes of this document, the “study area” shall be defined as the proposed alignment plus a 50-foot buffer as determined by Forde Biological Consultants. All biological reports can be found in Appendix B.
b. Vegetation. Coastal sage scrub is the dominant habitat onsite. This habitat type most closely corresponds with Diegan Coastal Sage Scrub as defined by Holland (1986) and with the California Sagebrush series defined by Sawyer and Keeler-Wolf (1995). The majority of the study area is either disturbed or subject to fuel modification. Disturbed areas are either devoid of vegetation or are dominated by non-native species including, but not limited to, castor bean (Ricinus communis), mustard (Brassica sp.), giant reed (Arundo donax), myoporum (Myoporum sp.), Russian thistle (Salsola tragus), slender wild oat (Avena barbata), star thistle (Centaurea melitensis), spurge (Euphorbia sp.), and sweet fennel (Foeniculum vulgare). Landscape plants persist in areas surrounding previously occupied single-family residences and a stand of eucalyptus (Eucalyptus sp.) is located near the western end of the alignment. The California Invasive Plant Council describes a number of these non-natives as “aggressive invaders that displace natives and disrupt natural habitats.”
Native species, including buckwheat (Eriogonum sp.), California sagebrush (Artemisia californica), California brickelbrush (Brickellia californica), coyote brush (Baccharis pilularis), giant wild rye (Leymus condensatus), goldenbush (Isocoma menziesii), golden-yarrow (Eriophyllum confertiflorum), laurel sumac (Malosma laurina), lemonadeberry (Rhus integrifolia), poison oak (Toxicodendron diversilobum), sunflower (Helianthus annuus), and sage (Salvia sp.), dominate
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areas east of the southern portion of Rambla Pacifico Street, where the proposed alignment exits the Rambla Pacifico Street easement, downslope toward the Rambla Pacifico Street easement. Native plants observed along the proposed alignment are common to coastal sage scrub communities of southern California.
c. Wildlife. Birds observed or otherwise detected by FBC included Anna’s hummingbird (Calypte anna), Bewick’s wren (Thryomanes bewickii), blue-gray gnatcatcher (Polioptila caerulea), California quail (Callipepla californica), California thrasher (Toxostoma redivivum), California towhee (Pipilo crissalis), common bushtit (Psaltriparus minimus), house finch (Carpodacus mexicanus), lesser goldfinch (Carduelis psaltria), mourning dove (Zenaida macroura), northern mockingbird (Mimus polyglottos), roadrunner (Geococcyx californianus), western scrub jay (Aphelocoma californica), and wrentit (Chamaea fasciata). FBC also observed an American kestrel (Falco sparverius) and a red-tailed hawk (Buteo jamaicensis) fly over the area and observed a pellet of a barn owl (Tyto alba) or great horned owl (Bubo virginianus) below the stand of eucalyptus trees. Birds with the potential to occur include, but are not limited to, black phoebe (Sayornis nigricans), lesser goldfinch (Carduelis psaltria), lesser nighthawk (Chordeiles acutipennis), northern flicker (Colaptes auratus), ruby-crowned kinglet (Regulus calendula), sage sparrow (Amphispiza belli), spotted towhee (Pipilo maculates), and western kingbird (Tyrannus verticalis).
FBC did not observe any mammals within the study area; however, evidence suggesting the presence of Audubon’s cottontail (Sylvilagus audubonii) or brush rabbit (Sylvilagus bachmani), California ground squirrel (Spermophilus beecheyi), coyote (Canis latrans), dusky-footed wood rat (Neotoma fuscipes), mule deer (Odocoileus hemionus), long-tailed weasel (Mustela frenata) and valley pocket gopher (Thomomys bottae) were observed. Mammals with the potential to occur include, but are not limited to, bobcat (Felis rufus), California mouse (Peromyscus californicus), California pocket mouse (Chaetodipus californicus), deer mouse (Peromyscus maniculatus), gray fox (Urocyon cinereoargenteus), Pacific kangaroo rat (Dipodomys agilis), raccoon (Procyon lotor), and striped skunk (Mephitis mephitis). Mountain lions (Panthera concolor) are known to range throughout the Santa Monica Mountains and may occur in the vicinity of the study area from time to time. Big brown bat (Eptesicus fuscus), California myotis (Myotis californicus), free-tailed bat (Tadarida brasiliensis), long-legged myotis (Myotis volans), western pipistrelle (Pipistrellus hesperus), western red bat (Lasiurus blossevillii), and small-footed myotis (Myotis ciliolabrum) may forage over the area; however, potential roost sites are absent within the proposed construction limits. Several other bat species may occur, particularly during spring and fall migration.
Reptiles observed include side-blotched lizard (Uta stansburiana hesperis) and western fence lizard (Sceloporus occidentalis longipes). Reptiles with the potential to occur include, but are not limited to, California kingsnake (Lampropeltis getulus californiae), chaparral whipsnake (Masticophis lateralis lateralis), gopher snake (Pituophis catenifer catenifer), red coachwip (Masticophis flagellum piceus), southern alligator lizard (Elgaria multicarinata webbi), western blind snake (Leptotyphlops humilis humilis), western skink (Eumeces skiltonianus skiltonianus), western rattlesnake (Crotalus oreganus), and western ringneck snake (Diadophis punctatus modestus). Amphibians with potential to occur include pacific treefrog (Hyla regilla) and western toad (Bufo boreas).
d. Wildlife Movement. Natural movement corridors and habitat linkages have been the focus of numerous studies intended to better understand relationships between large animal
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populations, open space reserves, and natural movement patterns. In general, it has been amply demonstrated that fragmentation of large habitat areas into small, isolated segments reduces biological diversity, eliminates disturbance-sensitive species, restricts genetic flow between populations of organisms, and may eventually lead to local extinctions of entire floral or faunal assemblages. Most land use planning guidelines now recognize the importance of protecting wildlife movement corridors, and seek to retain major linkages intact wherever possible. However, defining precise or comprehensively useful corridor alignments or specific spatial and resources requirements is still conjectural.
Wildlife movement corridors can vary from narrow specific paths a few feet wide used by certain species to move from breeding areas to forage areas, to major corridors for population dispersal and migration with spans of hundreds of miles and at the scale of mountain ranges and valleys. Depending on the organism and its needs, movement corridors can either be continuous or discontinuous patches of suitable habitat. For fish migrating upstream, the habitat needs to be relatively continuous, whereas highly mobile species such as birds and large mammals can adequately move through discontinuous habitat. Las Flores Creek may serve as a wildlife movement corridor but is outside of the impact boundary and will not be affected by the proposed action. Though not a recognized movement corridor, the project site contains habitat that may be used by wildlife moving throughout the Las Flores Canyon.
e. Regulatory Setting. Regulatory authority over biological resources is shared by federal, state, and local authorities under a variety of statutes and guidelines. Primary authority for general biological resources lies within the land use control and planning authority of local jurisdictions, in this case codified in the City of Malibu (City) Municipal Code (M.M.C) Zoning Ordinance and the City’s Local Coastal Program (LCP).
The California Department of Fish and Game (CDFG) has direct jurisdiction over sensitive biological resources under the Fish and Game Code of California (CFGC). Under the state and federal Endangered Species Acts, the CDFG and the U.S. Fish and Wildlife Service (USFWS) also have direct regulatory authority over species formally listed as threatened or endangered. In addition, Section 3503.5 of the CFGC prohibits the take, possession, or needless destruction of all birds, their nests, or eggs. Potential nesting and roosting sites for birds-of-prey and other migratory birds are also protected by the Migratory Bird Treaty Act (MBTA). Abiding by the CFGC and the MBTA usually means to avoid removal of trees with active nests or disturbance of the nests until such time as the adults and young are no longer reliant on the nest site. This provision also includes any disturbance that causes a nest to fail and/or a loss of reproductive effort.
Wetland and riparian habitats are protected on a federal, state, and local level. Wetland and riparian habitat may be subject to Army Corps of Engineers (Corps) jurisdiction as waters of the U.S. pursuant to Section 404 of the Clean Water Act (CWA). Protection for wetland and riparian habitat is also afforded through the CDFG and the California Regional Water Quality Control Board (RWQCB). Corps permits for discharges of dredged or fill material into wetlands and waters also requires a CWA Section 401 water quality certification from the RWQCB. Any activity that would remove or otherwise alter wetland and riparian habitats is closely scrutinized by the regulatory agencies through the CEQA review process and then later through the CDFG and Corps permitting processes.
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In response to legislative mandates, regulatory authorities have defined sensitive biological resources as those specific organisms that have regionally declining populations such that they may become extinct if declining population trends continue. Habitats are also considered sensitive biological resources if they have limited distributions, have high wildlife value, include special status species, or are particularly susceptible to disturbance. Special status species are classified in a variety of ways, both formally (e.g., state or federally Threatened and Endangered Species; California Fully Protected) and informally (“Special Animals”). Informal listings by agencies include California Species of Special Concern (SSC) (a broad database category applied to species, roost sites, or nests); Watch List; or as USFWS Candidate taxa. CDFG and local governmental agencies may also recognize special listings developed by focal groups (i.e. Audubon Society Blue List; California Native Plant Society [CNPS] Rare and Endangered Plants; U.S. Forest Service regional lists).
Vegetation in California is accorded sensitivity ranking by the CDFG using the community classification system of Holland (1986), and the more recently accepted series concepts of Sawyer and Keeler-Wolf (1995). Additionally, the Malibu General Plan and the LCP contain policies intended to protect habitat areas. Most, but not all, are applicable to areas that are designated as ESHA or otherwise meet the City’s definition of ESHA. In order to be considered ESHA, an area would need to meet the following definition:
“…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.” LIP, page 10.
Further instruction regarding ESHA designation is provided on page 43 of the LCP Land Use Plan (LUP) (LUP Policy 3.1):
“…The ESHAs in the City of Malibu are riparian areas, streams, native woodlands, native grasslands/savannas, chaparral, coastal sage scrub, dunes bluffs, and wetlands, unless there is site-specific evidence that establishes that a habitat area is not especially valuable because of its special nature or role in the ecosystem… Existing, legally established agricultural uses, confined animal facilities, and fuel modification areas required by the Los Angeles County Fire Department for existing, legal structures do not meet the definition of ESHA.”
ESHA includes native habitats, which contribute to the viability of species protected by the state and federal Endangered Species Acts or those that are “fully protected,” listed on the CDFG “Watch List”, or recognized as “species of special concern” by the state. Habitats with plant species on list 1B or list 2 of the CNPS’ Inventory of Rare and Endangered Plants or habitats that are rare or valuable from a local, regional, or statewide basis including wetlands and streambeds are also ESHA.
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The LIP includes a Native Tree Protection Chapter (LIP Chapter 5) which is aimed at preservation and protection of native trees, including alder (Alnus rhombifolia), California walnut (Juglans californica), oak (Quercus sp.), toyon (Heteromeles arbutifolia), and western sycamore (Platanus racemosa). Trees protected under LIP Chapter 5 must have at least one trunk with a diameter measuring 6 inches or more or a combination of two trunks with diameters totaling 8 inches or more as measured 4 ½ feet above the natural grade.
e. Special Status Species. Special status species are those plants and animals listed, proposed for listing, or candidates for listing as threatened or endangered by the USFWS under the Federal Endangered Species Act (FESA); those listed or proposed for listing as rare, threatened, or endangered by the CDFG under the California Endangered Species Act (CESA); animals designated as “Species of Special Concern,” “Fully Protected,” and/or “Watch List,” by the CDFG; and those species on the Special Vascular Plants, Bryophytes, and Lichens List (CDFG 2008). This latter document includes the CNPS Inventory of Rare and Endangered Vascular Plants of California, Sixth Edition (CNPS On-line 2008). Those plants contained on the CNPS Lists 1, 2, 3 and 4 are considered special status species in this EIR. CEQA requires that all species be evaluated to determine if impacts meet the mandatory findings of significance thresholds. The CNPS code definitions are:
• List 1A = Plants presumed extinct in California; • List 1B.1 = Rare or endangered in California and elsewhere; seriously endangered in California (over 80 percent of occurrences threatened/high degree and immediacy of threat); • List 1B.2 = Rare or endangered in California and elsewhere; fairly endangered in California (20-80 percent occurrences threatened); • List 1B.3 = Rare or endangered in California and elsewhere, not very endangered in California (<20 percent of occurrences threatened or no current threats known); • List 2 = Rare, threatened or endangered in California, but more common elsewhere; • List 3 = Plants needing more information (most are species that are taxonomically unresolved; some species on this list meet the definitions of rarity under CNPS and CESA); and • List 4.2 = Plants of limited distribution (watch list), fairly endangered in California (20-80 percent occurrences threatened).
A target list of special status plant and animal species that could potentially occur onsite was developed based on review of the California Natural Diversity Database (CNDDB), CNPS Inventory of Rare and Endangered Plants (online 2008), previous knowledge of the vicinity of the site, the aforementioned biological reports completed for this project, and other sources, including general knowledge of the regional area. Site visits were conducted by FBC to identify habitat types and an evaluation of the onsite soils helped refine the target list of species and focus the assessment on the actual or potential for occurrence of special status species on the project site. Table 4.1-1 lists sensitive habitat in the vicinity of the project site and Tables 4.1-2 and 4.1-3 list those sensitive plant and animal species known to occur in the project region.
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Table 4.1-1 CNDDB Habitats of Concern in the Vicinity of the Project Site
Habitat Presence/ Habitats of Concern Absence
California Walnut Woodland Absent Southern California Coastal Lagoon Absent Southern California Steelhead Stream Absent Southern Coast Live Oak Riparian Forest Absent Southern Coastal Salt Marsh Absent Southern Cottonwood Willow Riparian Forest Absent Southern Sycamore Alder Riparian Woodland Absent Valley Needlegrass Grassland Absent Valley Oak Woodland Absent
Table 4.1-2 Special Status Plant Species in the Project Site Vicinity
Common Status* Project Site Scientific Name Habitat Requirements Name Fed/State/CNPS Suitability Chaparral, coastal scrub in Suitable soils absent. disturbed areas. Blooms Astragalus Braunton’s Not observed during E/1B.1 February-July. Perennial brauntonii milk-vetch rare plant survey, so herb. To 1476 feet. Typically not expected to occur. grows on calcareous soils. Perennial herb; blooms June Suitable habitat Astragalus to October; ranges from 1 to Ventura absent. Not observed pycnostachyus 115 feet in elevation and marsh milk- E/E/1B.1 during rare plant var. occurs in coastal dunes and vetch survey. Not expected lamosissimus swamps and marshes to occur. (edges, coastal salt). Annual herb; blooms March to May; ranges from 1 to 164 Suitable habitat feet in elevation and occurs absent. Not observed Astragalus tener coastal dunes E/E/1B.1 in moist sandy depressions during rare plant var. titi milk-vetch near coast, coastal bluffs, survey, so not coastal dunes, typically on expected to occur. sandstone/gabbaro soils. Coastal scrub, alkaline soils. Suitable soils absent. Coulter’s Blooms March-October. Not observed during Atriplex coulteri --/--/1B.2 saltbush Monoecious perennial bush. rare plant survey. Not To 164 feet. expected to occur. Suitable habitat Blooms June to October. absent. Not observed Parish’s Occurs in chenopod scrub, Atriplex parishii --/--/1B.1 during rare plant brittlescale playas, and vernal pools from survey. Not expected 82 to 6235 feet in elevation. to occur.
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Table 4.1-2 Special Status Plant Species in the Project Site Vicinity
Currently known only from 4 occurrences Chaparral, coastal scrub, near Malibu Lake in riparian woodland. Blooms Baccharis Malibu the Santa Monica --/--/1B.1 August. Deciduous shrub. malibuensis baccharis Mountains. Not Elevation range 492 to 1000 observed during rare feet. plant survey. Not expected to occur. Evergreen shrub; blooms March to April; ranges from Site outside of known 967 to 2705 feet in elevation; elevational range. Not Nevin’s occurs in sandy of gravelly Berberis nevinii E/E/1B.1 seen during rare plant barberry soils in chaparral, surveys, not expected cismontane woodland, to occur. coastal scrub, and riparian scrub habitats. Grasslands, scrub. Clay Suitable soils absent. California round-leaved soils. Blooms March-May. Not observed during --/--/1B.1 macrophylla filaree Annual to biennial herb. To rare plant survey. Not 3937 feet. expected to occur. Blooms March to June. Site outside of known Calochortus Occurs in chaparral, coastal elevational range. Not slender clavatus var. --/--/1B.2 scrub, and valley and foothill detected during rare mariposa lily gracilis grassland from 1181 to 3280 plant survey. Not feet in elevation. expected to occur. Suitable habitat Chaparral, yellow-pine forest, present. Not Calochortus Plummer’s coastal scrub. Blooms May- --/--/1B.2 observed during rare plummerae mariposa lily July. Perennial herb from plant survey, so not bulb. To 5577 feet. expected to occur. Annual herb; blooms May to November; occurs in the Suitable habitat Centromadia margins of marshes and absent. Not observed southern parryi ssp. --/--/1B.1 swamps, in vernal pools, and during rare plant tarplant australis in valley and foothill survey. Not expected grasslands; ranges from 0 to to occur. 1395 feet. Suitable habitat Chaenactis Coastal dunes and bluffs. absent. Not observed Orcutt’s glabriuscula var. --/--/1B.1 Blooms January - August. during rare plant pincushion orcuttiana Annual herb. To 328 feet. survey. Not expected to occur. Suitable soils absent. Annual herb; blooms from San Site outside of known Chorizanthe April to June; occurs from Fernando elevational range. Not parryi var. C/E/1B.1 492 to 4000 feet in elevation Valley observed during rare fernandina on sandy soils in coastal spineflower plant survey. Not scrub. expected to occur. Suitable habitat Coastal scrub, chaparral, in present, but outside of openings on sandy or rocky known elevational Chorizanthe Parry’s --/--/3.2 soils. Blooms April-June. range. Not observed parryi var. parryi spineflower Annual to perennial herb. during rare plant From 984 to 3937 feet. survey. Not expected to occur.
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Table 4.1-2 Special Status Plant Species in the Project Site Vicinity
Hemiparasitic, annual herb; Suitable habitat blooms May through Cordylanthus absent. Not observed salt march October; occurs in coastal maritimus ssp. E/E/1B.2 during rare plant bird’s beak dunes, coastal salt marshes maritimus survey. Not expected and swamp at elevations to occur. ranging from 0 to 98 feet. Suitable soils absent. Chaparral, coastal scrub in Site outside of known Deinandra Santa Susana rocky soils. Blooms July- elevational range. Not minthornii tarplant R/1B.2 November. Perennial shrub. observed during rare From 984 to 1640 feet. plant survey. Not expected to occur. No suitable dune Coastal dunes and maritime habitat present. Not Delphinium parryi chaparral on stabilized dune larkspur --/--/1B.2 observed during rare ssp. blochmaniae dunes. Blooms April-May. plant survey. Not Perennial herb. To 656 feet. expected to occur. Rhizomatous, perennial herb; blooms March through May; Suitable soils absent. found in sandy soils, usually Dithyrea beach Not observed during --/T/1B.1 near shore, in coastal dunes maritima spectaclepod rare plant survey. Not and coastal scrub habitats; expected to occur. ranges from 10 to 165 feet in elevation. Annual herb; blooms April Suitable habitat and through June; found in sandy soils absent. Site slender- soils at elevations ranging outside of known Dodecahema horned E/E/1B.1 from 656 to 2496 feet in elevational range. Not leptoceras spineflower chaparral, cismontane observed during rare woodland, and coastal scrub plant survey. Not (alluvial fan). expected to occur. Coastal scrub, chaparral Not observed during Dudleya Blochman’s (serpentine soil). Blooms rare plant survey. blochmaniae ssp. --/--/1B.1 dudleya April-June. Perennial, fleshy Suitable soils absent. blochmaniae subshrub. To 1475 feet. Not expected to occur. Chaparral, coastal scrub Suitable soils absent. (volcanic soil). Blooms April- Dudleya cymosa Agoura Hills Not observed during T/--/1B.2 June. Perennial, fleshy ssp. agourensis dudleya rare plant survey. Not subshrub. From 492 to 1640 expected to occur. feet. Chaparral (volcanic soil). Suitable soils absent. Dudleya cymosa marcescent Blooms March-June. Not observed during T/R/1B.2 ssp. marcescens dudleya Perennial, fleshy subshrub. rare plant survey. Not From 492 to 1640 feet. expected to occur. Suitable soils absent. Chaparral, coastal scrub Site outside of known Santa Monica (volcanic soil). Blooms Dudleya cymosa elevational range. Not Mountains T/--/1B.2 March-June. Perennial, ssp. ovatifolia observed during rare dudleya fleshy subshrub. From 492 to plant survey. Not 1640 feet. expected to occur.
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Table 4.1-2 Special Status Plant Species in the Project Site Vicinity
Perennial herb; blooms April through July; occurs in Suitable soils absent. many- chaparral, coastal scrub, and Dudleya Not observed during stemmed --/--/1B.2 valley and foothill grasslands, multicaulis rare plant survey. Not dudleya often in clay soils; ranges expected to occur. from 49 to 2591 feet in elevation. Blooms May to June. Occurs in coastal scrub and Suitable soils absent. Conejo grassland habitats on rocky, Not observed during Dudleya parva T/--/1B.2 dudlya gravelly, clay or volcanic rare plant survey, so soils in dry areas from 196 to not expected to occur. 1476 feet. Perennial herb; blooms May Suitable soils absent. through June; ranges from Site outside of known 197 to 393 feet in elevation Verity’s elevational range. Not Dudleya verityi T/--/1B.2 and occurs in chaparral, dudleya observed during rare cismontane woodland, and plant survey. Not coastal scrub habitats, expected to occur. typically on volcanic soils. Chaparral, coastal scrub, Suitable soils absent. Conejo volcanics. Blooms Eriogonum Conejo Not observed during --/R/1B.2 April-July. Perennial shrub to crocatum buckwheat rare plant survey. Not subshrub. From 164 to 492 expected to occur. feet. Deciduous tree; blooms March through May; ranges from 164 to 2952 feet in A single young Juglans southern elevation and is typically individual was --/--/4.2 californica black walnut found on alluvial soils in observed during the chaparral, cismontane rare plant survey. woodland, and coastal scrub communities. Deciduous shrub; blooms June through January; Marginal habitat ranges from 606 to 2805 feet present, not observed Malacothamnus Davidson’s in elevation and occurs in during rare plant --/--/1B.2 davidsonii bush-mallow sandy soils in chaparral, survey when it would cismontane woodland, have been identifiable. coastal scrub, and riparian Not expected to occur. woodland. Blooms January to July. Suitable habitat Occurs in marshes and absent. Not observed Nama mud nama --/--/2.2 swamps along lake margins during rare plant stenocarpum and riverbanks from 16 to survey. Not expected 1640 feet. to occur. Evergreen shrub; blooms May through July; ranges Suitable habitat from 460 to 4183 feet in present. Not Nolina Peninsular --/--/1B.2 elevation and occurs on observed during rare cismontana nolina sandstone and gabbaro plant survey, so not substrates in chaparral and expected to occur. coastal scrub habitats.
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Table 4.1-2 Special Status Plant Species in the Project Site Vicinity Suitable habitat Vernal pools. Blooms April- absent. Not observed Orcuttia California E/E/1B.1 August. Annual grass. To during rare plant californica Orcutt grass 2050 feet. survey. Not expected to occur. Suitable habitat Chaparral openings, Coastal present, but this scrub, grasslands; typically species typically Pentachaeta Lyon’s E/E/1B.1 on rocky and/or clay soils. occurs further inland. lyonii pentachaeta Blooms March – August. Not observed during Annual herb. To 492 feet. rare plant survey, so not expected to occur. Suitable soils absent. Chaparral, Coastal alkaline Senecio rayless Not observed during --/--/2.2 scrub. Blooms January-April. aphanactis ragwort rare plant survey. Not Annual herb. To 1312 feet. expected to occur. Perennial herb; blooms March through June; ranges from 50 to 5020 feet in Suitable soils absent. elevation; occurs in alkaline Sidalcea salt spring Not observed during --/--/2.2 and mesic conditions n neomexicana checkerbloom rare plant survey. Not chaparral, coastal scrub, expected to occur. lower montane coniferous forest, Mojavean desert scrub, and playas. Ranges from 984 to 6594 Site occurs outside of feet and is found in known elevational broadleafed upland forest, range. Suitable Symphyotrichum chaparral, cismontane Greata’s aster --/--/1B.3 habitat absent. Not greatae woodland, lower montane observed during rare coniferous forest, and plant surveys. Not riparian woodland. Blooms expected to occur. June through October. Riparian habitat, meadows Suitable habitat Thelypteris and seeps. Sori produced absent. Not observed Sonoran puberula var. --/--/2.2 January-September. during rare plant maiden fern sonorensis Rhyizomatous fern. From survey. Not expected 164 to 1804 feet. to occur. Source: CDFG Special Vascular Plants, Bryophytes, and Lichens List, July 2008; CNDDB Rarefind, August 2008; List of California Terrestrial Natural Communities Recognized by the California Natural Diversity Database, September 2003; California Native Plant Society, Inventory of Rare and Endangered Vascular Plants of California, Online Version August 2008; Biological Assessment (FBC, 2007 and update 2008). E = Endangered CNPS List 1B = rare or endangered in California and elsewhere T = Threatened CNPS List 2 = rare or endangered in California, but more common elsewhere R = Rare CNPS List 4 = lack information to make a determination None = no status
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Table 4.1-3 Special Status Wildlife Species in the Regional Vicinity of the Project Site Current Potential for Species Common Name Federal/State Habitat Requirements Occurrence Status a Invertebrates Not observed. Could Winters in groves of trees along potentially use Danaus monarch butterfly the coast with low-hanging --/-- eucalyptus grove plexippus (wintering sites) branches including oaks, along western portion sycamore, and eucalyptus. of alignment. Trimerotropis Santa Monica Habitat includes coastal scrub Not observed. Could --/-- occidentaloides grasshopper and mixed chaparral. potentially occur. Reptiles Prefers open vegetation in Not observed. chaparral, coastal scrub, valley Suitable coastal scrub Anniella pulchra silvery legless and foothill woodlands, and --/SSC habitat present. pulchra lizard coastal dune habitats with Could potentially sandy, loose soils and leaf occur. debris. Occurs in a variety of habitats Aspidoscelis coastal western including chaparral, scrub and Not observed. Could --/-- tigris stejnegeri whiptail grasslands. Rely on dense potentially occur. vegetation for protection. Most common in open, Not observed. Habitat Diadophis San Bernardino relatively rocky areas within onsite is dense and punctatus --/-- ringneck snake chaparral/annual grass lacks open areas. Not modestus habitats. expected to occur. Permanent aquatic habitat of rivers and streams with Actinemys No suitable habitat southwestern pond persistent deep pools. Basking marmorata --/SSC present. Not turtle sites such as partially pallida expected to occur. submerged logs, vegetation mats, or open mud banks. Occurs from sea level to 8040 feet in a variety of habitats including valley and foothill California mountain woodland, coniferous forest, Marginal habitat Lampropeltis kingsnake (San --/SSC chaparral, riparian, and wet present. Unlikely to zonata (pulchra) Diego population) meadows. Most common in occur. vicinity ofrotting logs, rocks or boulders near streams or lake shores. Clearings in riparian woodlands, lowlands along sandy washes with scattered Suitable open areas Phrynosoma low bushes; open areas for absent. Not coronatum coast horned lizard --/SSC sunning, bushes for cover, observed. Not (blainvillii) patches of loose soil for burial, expected to occur. and abundant supply of ants and other insects. No suitable habitat Associated with permanent or Thamnophis two-striped garter present. Not --/SSC semi-permanent bodies of hammondii snake observed. Not water up to 2400 m. expected to occur.
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Table 4.1-3 Special Status Wildlife Species in the Regional Vicinity of the Project Site Current Potential for Species Common Name Federal/State Habitat Requirements Occurrence Status a Amphibians Shallow sandy pools in streams; overwinters in upland terraces; overflow pools next to No suitable habitat inflow channel of 3rd- to greater Bufo californicus Arroyo toad E/SSC present. Not order streams free of predatory expected to occur. fish for breeding. Exposed, shallow, sand or gravel based pools with low current velocity. Lowland and foothills in or near permanent sources of deep, slow moving water with dense, No suitable habitat Rana aurora California red- shrubby or emergent riparian T/SSC present. Not draytonii legged frog vegetation; arroyo willow, expected to occur. cattails, and bulrushes commonly associated with preferred habitat. Suitable habitat Occurs primarily at elevations absent and site is above 5900 feet. Associated Sierra Madre below known Rana muscosa E/SSC with ponderosa pine, montane yellow-legged frog elevational range. hardwood-conifer, and montane Not expected to riparian habitats. occur. Grasslands, coastal scrub, chaparral, and valley and foothill woodlands near vernal/ephemeral pools for breeding and egg laying. Some No vernal pools Spea hammondii western spadefoot --/SSC populations persist for a few present. Not years in orchards and expected to occur. vineyards. Spend most of year in burrows, either constructed by small mammals or by themselves. Fish Occur in small to medium sized permanent streams with rocky No suitable habitat Catostomus Santa Ana sucker T/SSC substrates, algal cover with present. Not santaanae minimal leafy vegetation and expected to occur. relatively clear water. Resident of tidepools and No suitable habitat Eucyclogobius tidewater goby E/SSC inshore habitats along the present. Not newberryi coast. expected to occur. Los Angeles basin south coastal streams. Slow water No suitable habitat stream sections with mud or Gila orcutti Arroyo chub --/SSC present. Not sand bottoms. Feed heavily on expected to occur. aquatic vegetation & associated invertebrates.
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Table 4.1-3 Special Status Wildlife Species in the Regional Vicinity of the Project Site Current Potential for Species Common Name Federal/State Habitat Requirements Occurrence Status a Habitat includes all river southern steelhead No suitable habitat Oncorhynchus reaches and estuarine areas –southern E/SSC present. Not mykiss accessible to listed steelhead in California ESU expected to occur. coastal river basins. Mammals Occurs over a wide variety of habitat types, including deserts, grasslands, shrublands, woodlands, and forests. While No suitable roosting Antrozous it is most common in open, dry habitat present. pallid bat --/SSC pallidus habitats with rocky areas for Could potentially roosting, it can be found forage onsite. roosting under bridges and in some areas in old structures such as barns. Occurs in arid deserts, grasslands, and mixed conifer Suitable roosting and Euderma forests. Prefers sites with foraging habitat spotted bat --/SSC maculatum adequate roosting habitat, such absent. Not expected as cliffs. Feeds over water and to occur. along washes. Uncommon resident is open, semi-arid to arid habitats, including conifer and deciduous woodlands, coastal scrub, No suitable roosting Eumops perotis western mastiff bat --/SSC annual and perennial habitat present onsite, californicus grasslands, palm oases, but may forage onsite. chaparral, desert scrub, and urban settings. Prefers open arid areas with high cliffs. Roosts in forests and woodlands from sea level up through mixed conifer forests. May forage onsite, but Lasiurus western red bat --/SSC Feeds over a wide variety of no suitable roosts blossevillii habitats including grasslands, present. shrublands, open woodlands and forests, and croplands. Roosts in dense foliage of large trees. Requires water. Prefers May forage onsite, but Lasiurus open habitats or habitat hoary bat --/-- no suitable roosts cinereus mosaics with access to trees present. for cover and open areas of habitat edge for feeding. Found in desert riparian, desert Suitable habitat Macrotus California leaf- scrub, desert wash, desert --/SSC absent. Not expected californicus nosed bat succulent shrub, alkali desert to occur. scrub and palm oasis. Roosts in caves, crevices, and Suitable roosts Myotis western small- --/-- trees; forages in various absent. May forage cillolabrum footed myotis habitats. onsite.
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Table 4.1-3 Special Status Wildlife Species in the Regional Vicinity of the Project Site Current Potential for Species Common Name Federal/State Habitat Requirements Occurrence Status a Found in a variety of habitats including riparian, arid scrublands, deserts, and May forage onsite, but Myotis forests near permanent sources Yuma myotis --/-- not likely to roost yumanensis of water. It roosts in trees, rock onsite. crevices, trees hollows, mines, caves and a variety of manmade structures. Coastal habitat restricted to Neotoma lepida San Diego desert coastal sage scrub. Prefers Not observed. Could --/SSC intermedia woodrat rock outcrops, crevices, rocky potentially occur. cliffs and slopes. Open grassland and desert Not observed. No area with friable soils and a suitable habitat Taxidea taxus American badger --/SSC suitable rodent prey base. present. Not Friable soils and open, expected to occur. uncultivated ground. Birds Uncommon resident species found in various wooded areas. It nests in tall trees and often Eucalyptus trees offer Cooper’s hawk hunts around human structures nesting opportunities. Accipiter cooperii --/WL (nesting) such as houses and Could potentially birdfeeders, and has been occur onsite. known to successfully breed in urban areas. Found near freshwater habitats where it nests in emergent freshwater or riparian vegetation. This species Not observed. No tricolored blackbird prefers nesting in dense suitable habitat Agelaius tricolor --/SSC (nesting colony) thickets of cattails and tules. present. Not Due to their highly colonial expected to occur. nature, nesting areas must be large enough to support a colony of about 50 pairs. Common resident of sparse mixed chaparral and coastal scrub habitats and frequents relatively steep, often rocky Coastal scrub onsite Aimophila southern California hillsides with grass and forb is dense and lacks ruficeps rufous-crowned --/WL patches; also grassy slopes open, grassy areas. canescens sparrow without shrubs, if rock outcrops Not observed. Not are present. Breeds and feed expected to occur. on steep, dry, herbage-covered hillsides with scattered shrubs and rock outcrops.
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Table 4.1-3 Special Status Wildlife Species in the Regional Vicinity of the Project Site Current Potential for Species Common Name Federal/State Habitat Requirements Occurrence Status a Could potentially forage onsite, Habitat includes rolling foothills, however, no potential golden eagle mountain areas, cliffs and rock nest sites present. Aquila (nesting and --/WL, FP outcrops. Needs open areas Not observed. Site is chrysaetos wintering) for hunting. Prefers ledges or small and impacts large trees for cover. from development would no be significant. burrowing owl Not observed. No Dry, open grasslands and Athene (burrow sites and suitable habitat --/SSC scrublands for nesting and cunicularia some wintering present. Not foraging.; nests in burrows sites) expected to occur. Sandy beaches, salt pond Not observed. No Charadrius levees or shores of large alkali western snowy suitable habitat alexandrinus T/SSC lakes. Sandy, gravelly or plover (nesting) present. Not nivosus friable soils required for expected to occur. nesting. Inhabits extensive deciduous riparian thickets or forests with dense, low-level or Coccyzus understory foliage, and which Suitable habitat western yellow- americanus C/E abut on slow-moving absent. Not expected billed cuckoo occidentalis watercourses, backwaters, or to occur. seeps. Willow almost always a dominant component of the vegetation. Common summer visitor which nests in the dense understory of riparian habitat adjacent to Not observed. No broad, open river valleys. It willow flycatcher suitable habitat Empidonax traillii --/E prefers to nest in areas with (nesting) present. Not slow moving or ponded water or expected to occur. saturated soil and uses low exposed branches for singing and hunting. Not observed. No southwestern Empidonax traillii Same as willow flycatcher suitable habitat willow flycatcher E/E extimus above. present. Not (nesting) expected to occur. Suitable habitat Uncommon obligate resident of present. Not Poliptila coastal California arid coastal scrub, primarily observed. Project site californica T/SSC gnatcatcher Riversidean and Diegan, below is outside of known californica 1640 feet in elevation. distribution. Unlikely to occur. Habitat includes open riparian, grassland and savannah. May forage onsite. bank swallow Riparia riparia --/T Overwinters in California Not expected to nest (nesting) between early March and early onsite. September.
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Table 4.1-3 Special Status Wildlife Species in the Regional Vicinity of the Project Site Current Potential for Species Common Name Federal/State Habitat Requirements Occurrence Status a Nests along coast from San Not observed. No Francisco Bay to northern Baja Sterna antillarum California least tern suitable habitat E/E, FP California. Nests on sandy browni (nesting colony) present. Not beaches, alkali flats, land fills or expected to occur. paved areas. Summer resident of cottonwood-willow forest, oak woodland, shrubby thickets, and dry washes with willow Not observed. No thickets at the edges. This Vireo bellii least Bell’s vireo suitable habitat E/E species prefers dense willow- pusillus (nesting) present. Not dominated riparian habitat with expected to occur. lush understory vegetation where they nest in shrubs or small trees and glean insects off vegetation. Source: California Department of Fish and Game (CDFG) CNDDB Rarefind, August 2008; CDFG Special Animals List, February 2008; Biological Assessment prepared by FBC (2007). E = Endangered; T = Threatened; FP = Fully Protected; SSC = California Species of Special Concern; WL = Watch List; ‘--‘ = no status.
Sensitive Habitats. The CNDDB identified nine sensitive habitats occurring within the region of the project site (Table 4.1-1). None of these habitats were identified within the study area. Las Flores Creek is located within 100 feet of the proposed alignment and is dominated by Southern Sycamore Alder Riparian Woodland and other riparian habitats.
Environmentally Sensitive Habitat Areas. As discussed above, the LIP defines an ESHA 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.” According to the LCP ESHA Overlay Map, ESHA is located in the vicinity of the proposed alignment. These areas include Las Flores Creek and its associated riparian habitats, which is located less than 100 feet from the Rambla Pacifico Street easement. Figures 4.1-1 illustrates the location of ESHA in the project vicinity, while Figure 4.1-2 illustrates ESHA that would be within the roadway alignment. Approximately 1.9 acres of ESHA is within the project limits (Forde, 2010).
Special Status Plants. Thirty-seven special status plants were identified as potentially occurring within the vicinity of the project site. The basic characteristics and likelihood of these species, as well as their potential to occur within the study area, are discussed in Table 4.1-2. A single California walnut (Juglans californica) was observed within the study area. This species is a CNPS List 4.2 species, indicating that the plant has a limited distribution and has been placed on a watch list. The walnut tree is not large enough to meet the requirements for protection under LIP Chapter 5 - Native Tree Protection (see discussion above). Western sycamores were also observed within the study area, but they were also not large enough to warrant protection under the LCP. No other special status plant species were observed during site visits, nor are any expected to occur.
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Special Status Animals. Forty special status animal species were identified as potentially occurring within the vicinity of the project site. The basic characteristics and likelihood of special status animal species, as well as the potential to occur onsite, are discussed in Table 4.1- 3. No special status animal species were observed during the site visits. However, several special status animal species have the potential to occur within the study area.
FBC observed three to four woodrat houses on June 13, 2007 within 50 feet of the proposed construction limits; however, based on size, FBC concluded that the houses likely belonged to dusky-footed woodrats and not San Diego desert woodrats (Neotoma lepida intermedia). Nevertheless, the San Diego desert woodrat has the potential to occur, particularly along the lower portion of the proposed alignment near Las Flores Creek. The silvery legless lizard (Anniella pulchra pulchra) has potential to occur along the lower portion of the alignment near Las Flores Creek. It may also occur within the study area; however, it is likely to be only in low numbers. The project site is within the overlap zone for two subspecies, the special status coastal western whiptail (Aspidoscelis tigris tejnegeri) and the common California whiptail (Aspidoscelis tigris. mundus). Western whiptails have the potential to occur within the coastal sage scrub habitat within the study area, but the specific subspecies that may be present is unknown.
Pallid bat (Antrozous pallidus), western small-footed myotis (Myotis cillolabrum), Yuma myotis (Myotis yumanensis), and western mastiff bat (Eumops perotis californicus) may fly or forage over the study area; however, there are no potential roost sites within the study area. The mature sycamore trees located off-site along Las Flores Creek may provide suitable roost sites for bats and the bats may forage onsite. The bank swallow (Riparia riparia) and golden eagle (Aquila chrysaetos) may fly or forage over the study area; however, there are no potential nest sites for these species.
4.1.2 Impact Analysis
a. Methodology and Significance Thresholds. Data used for this analysis included aerial photographs, topographic maps, the CNDDB database, accepted scientific texts to identify species, a Biological Assessment prepared by FBC (2007, updated 2008), a Protected Tree Report by FBC (2008), a Revegetation Plan prepared by Dr. Edith Read (2010).
Chapter 1, Section 21001(c) of the CEQA Guidelines states that it is the policy of the state of California to: “Prevent the elimination of fish and wildlife species due to man’s activities, ensure that fish and wildlife populations do not drop below self-perpetuating levels, and preserve for future generations representations of all plant and animal communities.” Environmental impacts relative to biological resources may be assessed using impact significance criteria encompassing checklist questions from the CEQA Guidelines and federal, state, and local plans, regulations, and ordinances. Project impacts to flora and fauna may be determined to be significant even if they do not directly affect rare, threatened, or endangered species. The project would have a significant impact if it were found to:
• 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;
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• Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, 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 or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites; • Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance; and • Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan.
b. Project Impacts and Mitigation Measures.
Impact BIO-1 Construction of the proposed alignment would have the potential to affect onsite Environmentally Sensitive Habitat Area (ESHA). This is a Class II, significant but mitigable, impact.
Coastal sage scrub occurs within the project’s study limits and vicinity. The remaining acreage consists of disturbed vegetation including areas currently subject to fuel modification. Disturbed areas are either devoid of vegetation or are dominated by non-native species. Although no special status plant species were observed within the coastal sage scrub onsite during site visits, several special status animal species have the potential to occur within this habitat type. Thus, the coastal sage scrub onsite meets the definition of ESHA (see discussion above). Based on the grading quantities and area to be disturbed, the proposed project would disturb approximately 1.9 acres of coastal sage scrub ESHA. See Figure 4.1-12 for the locations where ESHA would be disturbed by project activities.
Construction could have a significant impact on coastal sage scrub habitat both directly through ground disturbance and plant removal or damage, and indirectly through dumping, storage or movement of equipment, materials or debris.
Mitigation Measures. The following measures are intended to minimize impacts to coastal sage scrub habitat and associated species:
BIO-1(a) Coastal Sage Scrub Restoration. Prior to issuance of a grading permit, the applicant shall identify an area onsite for restoration of coastal sage scrub habitat. Restoration may occur at a City-approved off-site location if it is determined that it is not feasible to fully mitigate impacts onsite or where off-site mitigation is more protective in the context of the Natural Community Conservation Plan for the area. The City shall determine that the proposed restoration site(s) is of equivalent type and acreage to the affected habitat (i.e., a 1:1
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Basemap Source: Forde Biological Consultants, January 6, 2010.
ESHA Impact Areas Figure 4.1-2 City of Malibu Rambla Pacifico Street Reconstruction EIR Section 4.1 Biological Resources
restoration ratio). Areas onsite that shall be hydroseeded in accordance with a City approved revegetation plan may count towards the total mitigation acreage but must be included in the restoration plan (see below). All plant and seed material used shall be of locally native, drought-tolerant stock and shall be approved by the City biologist. The habitat restoration shall be carried out prior to or concurrently with construction of the proposed realignment.
Prior to issuance of grading permits, the applicant shall submit to the City for review and approval a habitat restoration plan, prepared by a qualified City-approved biologist, designed to restore the area in question for habitat function, species diversity, and vegetation cover. A copy of the plan shall be submitted to the City Biologist for review. The restoration plan shall be developed pursuant to Section 4.8 of the LIP and shall include provisions for monitoring the restoration site for a period of no less than five years, including criteria for determining restoration success, and mid-course corrective measures. Monitoring reports shall be provided to the City Biologist annually and at the conclusion of the five-year period to document the success or failure of the program. The restoration will be considered successful after the success criteria have been met for a period of at least two years without any maintenance or remediation activities other than exotic species control. If performance standards are not met by the end of five years, the monitoring period shall be extended until the standards are met as determined by the City Biologist. The area of habitat to be restored shall be permanently maintained as open space through recordation of an open space deed restriction.
In addition, performance bonds shall be required prior to issuance of the coastal development permit to ensure compliance with this habitat restoration requirement and shall include 1) one equal to the value of the labor and materials and 2) one equal to the value of maintenance and monitoring for a period of 5 years. The bonds may be released upon satisfactory completion of the restoration program. The City may collect on the bonds and complete the restoration program if the applicant fails to either restore or maintain according to approved plans.
If onsite restoration is not feasible based on the unavailability of sufficient land space, the applicant may choose to make a payment of in-lieu fees to the Santa Monica Mountains Conservancy. Proof of payment must be provided to the City prior to issuance of grading permits. If this alternative is selected, all bare dirt areas will need to be hydroseeded and hydroseed mixes shall be limited to locally native species.
BIO-1(b) Construction Fencing. Construction fencing shall be placed within 5 feet of the outer limits of grading and indicated on the site plan.
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Construction fencing shall be installed prior to the beginning of any construction and shall be maintained throughout the construction period to protect the site’s sensitive habitat areas.
BIO-1(c) Best Management Practices (BMPs). Grading and construction plans shall include BMPs and identify storage/staging areas to eliminate any dumping, storage or movement of equipment, materials or debris associated with any phase of construction in areas adjacent to or within coastal sage scrub habitat that is not proposed for removal. Movement of graded soil to areas near and/or uphill from coastal sage scrub habitats shall be avoided, as it could result in downgrade movement of dust and soil containing non-native seed. This measure shall be noted on all grading plans and compliance shall be field- verified by Environmental and Building Safety Division staff.
BIO-1(d) Monitoring. The applicant shall hire a City-approved biologist to monitor vegetation removal and placement of construction fencing. Additionally, the supervising biologist shall conduct periodic site inspection, at a minimum of once per week, until construction is completed to ensure grading remains within the permitted boundaries. The supervising biologist shall be responsible for reporting any violations and shall submit to the City Biologist monthly monitoring reports and a final compliance report at the completion of construction.
Significance After Mitigation. Implementation of the above mitigation measures would reduce impacts to a less than significant level.
Impact BIO-2 Site development will include the placement of a geo-grid within the canopy of impact protected native trees. However, this is not expected to adversely impact the health of the trees and This impacts is are considered Class II, significant, but mitigable.
A Ssurvey of the proposed disturbance limits of the project determined that a geo-grid reinforcement fill material will encroach into the protected zone of two western sycamore trees (#152 and 153) (Forde Biological Consultants, 20102008). Western sycamores are protected under the Native Tree Protection (LIP Chapter 5). No other native trees, including oak trees, would be impacted by this project. Fill material Installation of the geo-grid is not expected to result in cutting of tree roots or compaction because it will is expected to be placed approximately 10 feet up hill of the trunks of the trees. No direct impacts to the trees are anticipated. Therefore, although direct encroachment into the trees’ protected zones would occur, it is anticipated that the overall health of the two affected trees would not be impacted. Indirect impacts may result due to alteration of drainage patterns, percolation rates, and gas exchange around the trees.
Mitigation Measures. The following mitigation measures are intended to reduce the potential for impacts to protected trees:
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BIO-2(a) Tree Protection Measures. Prior to initiation of construction activities, bright orange protective fencing shall be installed around all trees located within 50 feet of the proposed disturbance limits. The fencing shall be placed at the edge of the protected zone of each tree or group of tree. The protected zone shall include the area within the dripline of the tree and extending at least five feet beyond the dripline, or 15 feet from the trunk of the tree, whichever is greater. Where fill material will encroach within the protected zone of the two western sycamores, the protective fencing shall be placed at the limits of fill. The City shall inspect the fencing after installation and prior to initiation of construction activities to ensure compliance.
The fence shall remain in place for the duration of the construction of the project and until the City has approved its removal. Once the fill material has been placed and compacted, the protective fencing shall be moved to fully encompass the protected zone of the trees. No construction equipment or material may be staged, parked, or stored within the protected zone of any tree. All construction activities that occur within a tree’s protected zone shall be conducted using hand tools only. A City-approved biologist shall conduct a pre- construction training session for all construction employees to inform them of the Native Tree Protection development standards and shall be present during all activities occurring within a tree’s protected zone. The City-approved biologist shall periodically monitor construction throughout the duration of the project to ensure that tree protection measures are implemented. The City-approved biologist shall submit a report to the City Biologist upon completion of construction detailing all activities occurring within the protected zone of the trees.
BIO-2(b) Tree Monitoring and Mitigation. One year following completion of construction, a City-approved biologist shall inspect those trees that were encroached upon and shall submit a written report to the City Biologist detailing their condition. If it is determined that the health of the trees has decreased as a result of the encroachment, a tree replacement plan shall be submitted to the City Biologist for review and approval. The tree replacement plan shall include replacement tree locations, tree sizes, planting specifications, a monitoring program, and performance standards. Mitigation shall include a minimum of 10 replacement trees for each tree negatively impacted by the encroachment. Mitigation shall occur onsite to the greatest extent feasible.
If it is determined that planting onsite is not feasible, the City Biologist may approve either off-site replacement planting or payment to an in-lieu fee program, the fee for which will be based upon the type, size, and age of the tree impacted.
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Significance After Mitigation. Although direct impacts have been identified, implementation of the above mentioned mitigation measures will reduce the impacts to native trees to a less than significant level.
Impact BIO-3 Site development would disturb an area potentially used by the golden eagle as foraging habitat. However, because the project would not directly affect nesting habitat and the size of the disturbed area is small compared to the overall foraging habitat available, the impact is considered Class III, less than significant.
No special status species of raptors were seen onsite during the field visits, but the area is within the identified 36 square-mile territory foraging range of a golden eagle. Golden eagles are listed by CDFG as Fully Protected and are included on the CDFG Watch List. Fully Protected species require more information than other special status species as this classification of species is arguably the strongest and most restrictive designation regarding the “take” of these species. Golden eagles forage by soaring high and looking for prey; by contour flying, where the eagle flies close to the ground following the contour in order to flush out prey; or by perching on nearby trees and waiting for prey. Golden eagles can also be opportunistic foragers and utilize road kill or other carrion. There are documented sightings in the Santa Monica Mountains in Palo Comado, Lobo, and Malibu Canyons, well within the potential foraging range of the project site, although there are no known nesting sites near the project site due to the lack of appropriate trees. Further, the project area makes up only a minimal percentage of the eagle’s foraging area. Therefore, impacts would be less than significant.
Mitigation Measures. As the impact would be less than significant, no mitigation is required.
Significance After Mitigation. Impacts to golden eagle foraging habitat would be less than significant without mitigation.
Impact BIO-4 Construction activity, including tree and shrub removal if required, could potentially damage or disturb active nests, which would be a violation of Fish and Game Code and the Migratory Bird Treaty Act. This is considered a Class II, significant but mitigable impact.
Trees and shrubs found throughout the project site offer potential nesting habitat for raptors such as red-tailed hawk and Cooper’s hawk, as well as common bird species. Raptors and their nests are protected under CFGC Section 3503.5, and all other native bird nests are protected under Section 3503. Additionally, the majority of nesting birds are protected under the MTBA. It is unlikely that the loss of nesting habitat potentially associated with project development would adversely affect bird populations in the area as similar nesting and foraging habitat is available in off-site areas. Nevertheless, construction activity, including tree and shrub removal, could potentially disturb active nests, which would be a violation of CFGC and the MBTA and so is considered a potentially significant impact.
Mitigation Measures. The following mitigation measures are intended to reduce impacts to nesting birds:
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BIO-4(a) Nesting Bird Survey. To avoid take of any migratory bird species or raptors, the proposed project activities shall be conducted between September 1 and February 1, outside of the typical breeding season, as feasible. Should avoidance of the nesting season not be feasible, a qualified City-approved biologist/ornithologist shall conduct focused nesting surveys no less than seven days prior to grading or initial construction activities or as otherwise determined by the CDFG. The results of the nest survey shall be submitted to the City within one week of completion for review via a letter report prior to initiation of grading or other construction activity. In the event that a nesting migratory bird species or raptor is observed in the habitat to be removed or in other habitat within 300 feet of the construction work areas (500 feet for raptors), the supervising biologist shall demarcate an area to be avoided by construction activity until the active nest(s) is vacated for the season and there is no evidence of further nesting attempts. This demarcated area will incorporate a buffer area surrounding the active nest that is, in the opinion of both the supervising biologist and the City Biologist, suitable in size and habitat type to provide a reasonable expectation of breeding success for the type of nesting bird present. Limits of construction to avoid a nest site shall be established in the field with flagging and stakes or construction fencing. Construction personnel shall be instructed on the ecological sensitivity of the area by the supervising biologist.
Once the pre-construction surveys are conducted by a qualified City- approved biologist during the proper seasons, the report results, including survey dates, exact species observed and location of species onsite, shall be submitted to the City Biologist for review and approval.
Significance After Mitigation. Implementation of the above measures would reduce the impacts to nesting birds to a less than significant level.
Impact BIO-5 Development of the proposed alignment may directly and indirectly reduce the populations of the silvery legless lizards and coastal western whiptails. This would be a Class II, significant but mitigable, impact.
Silvery legless lizards and coastal western whiptails were identified as potentially occurring within the coastal scrub habitat onsite. The silvery legless lizard is designated as a California Species of Special Concern. The coastal western whiptail carries no special federal or state designation; however, the CDFG recognizes the potential for population decline due to continued development along the coast of California.
Development of the proposed realignment may affect the silvery legless lizard and coastal western whiptail directly through injury or death and/or indirectly through mortality associated with increased traffic in the area. Traffic is not expected to be heavy along this road
City of Malibu 4.1-24 Rambla Pacifico Street Reconstruction EIR Section 4.1 Biological Resources
and indirect impacts are expected to be minimal.
Mitigation Measures. The following measure is intended to minimize direct impacts to individuals of these species:
BIO-5 Vegetation Removal. Removal of vegetation shall occur using hand tools only. During vegetation removal, a qualified City-approved biologist shall be onsite to recover any individuals that may be excavated/unearthed with native material. Any individuals recovered shall be immediately relocated to the designated release area immediately adjacent to the project site but outside of the limits of disturbance.
Significance After Mitigation. Implementation of the above measures would reduce the impacts to silvery legless lizards and coastal western whiptails to a less than significant.
Impact BIO-6 Development of the proposed alignment may directly and indirectly reduce the populations of the San Diego desert woodrat. This is considered a Class II, significant but mitigable impact.
The San Diego desert woodrat is designated as a California Species of Special Concern and is largely threatened by continued development of coastal scrub habitats from San Diego County to San Luis Obispo County. A single CNDDB record indicated that several San Diego desert woodrats were captured on traplines set along the western edge of Pepperdine University in 1995, approximately four miles away. San Diego desert woodrats are known to occur throughout the area and the coastal scrub habitat occurring throughout the proposed alignment offer suitable habitat for this species.
Mitigation Measures. The following measure is intended to minimize impacts to the San Diego desert woodrat:
BIO-6 San Diego Woodrat Survey. Prior to issuance of grading permits, a City-approved biologist shall conduct a pre-activity survey for San Diego desert woodrats within the proposed limits of disturbance and a 100 foot buffer. The survey shall be conducted within 30 days prior to site disturbance and the results shall be submitted to the City Biologist for review. If no nests are found, no further mitigation is required. If active desert woodrat nests are found, a 50 foot buffer (indicated by bright orange construction fencing) shall be established to protect the nest during the breeding season (October through June). If initial vegetation removal is anticipated to occur outside of the breeding season, nests located onsite may be disassembled by hand at a minimum of 5 days prior to disturbance and place the materials at least 300 feet from the limits of disturbance.
Significance After Mitigation. Implementation of the above measures would reduce the impacts to San Diego desert woodrats to a less than significant level.
City of Malibu 4.1-25 Rambla Pacifico Street Reconstruction EIR Section 4.1 Biological Resources
Impact BIO-7 Development of the proposed alignment may adversely affect monarch butterflies through impacts to the eucalyptus grove near the west end of the alignment. This is considered a Class II, significant but mitigable impact.
Monarchs carry no special designation by the federal or state governments. However, the CDFG recognizes the potential for monarch population decline due to continued development along the coast of California, and overwintering sites are of particular importance. Monarchs have been documented as occurring throughout the Malibu coastal area. Monarch butterflies prefer to overwinter in dense groves of eucalyptus, pines, and/or cypress that are protected from strong winds. The eucalyptus grove at the western end of the alignment could potentially support overwintering monarchs. Therefore, impacts would be potentially significant.
Mitigation Measures. The following measure is intended to minimize impacts to monarchs:
BIO-7 Butterfly Survey and Avoidance. Prior to initiation of ground disturbance, a late fall/early winter butterfly survey shall be conducted by a City approved biologist within the eucalyptus grove at the western end of the realignment. A copy of the survey shall be submitted to the City Biologist upon completion. If the results of the survey do not identify any potential overwintering of the monarch butterfly on-site, not further mitigation is required. If overwintering monarchs are determined to use the site, the applicant shall avoid removal of trees used for overwintering by monarchs to the greatest extent feasible. If trees cannot be avoided, tree removal shall occur outside of the overwintering period, which generally occurs from November through February, or until a qualified City-approved biologist has determined that overwintering monarchs are no longer using the site.
Significance After Mitigation. Implementation of the above measures would reduce the impacts to monarchs to a less than significant level.
Impact BIO-8 Development of the proposed alignment may result in increased erosion into Las Flores Creek. This is considered a Class II, significant but mitigable impact.
Las Flores Creek is located within 100 feet of the proposed realignment and is considered a “water of the United States” under jurisdiction of the Clean Water Act. Additionally, Las Flores Creek is designated by the City as ESHA and a “Most Important” ecological area. While no direct impacts to the creek are anticipated, erosion related to removal of vegetation and subsequent construction activities may result in increased sediment flowing into the creek.
Mitigation Measures. The following measures are intended to minimize impacts to Las Flores Creek:
City of Malibu 4.1-26 Rambla Pacifico Street Reconstruction EIR Section 4.1 Biological Resources
BIO-8(a) Silt Fencing. Prior to initiation of ground disturbance, silt fence shall be installed downslope of all construction areas. The bottom edge of all silt fencing shall be entrenched and backfilled. The City shall inspect the fence prior to initiation of construction activities to ensure compliance.
BIO-8(b) Grading Timing. Grading shall be scheduled only during the dry season from April 1 to October 31.
BIO-8(c) Hydroseeding Monitoring. The following shall apply to all hydroseeded areas not part of the onsite restoration detailed in BIO- 1(a) above: • A site visit within 14 days of hydroseeding to verify completion of the work consistent with the revegetation plan. • All hydroseed materials shall include locally native, drought tolerant species approved by the City biologist. Native plant species shall be selected from a list of recommended native plants produced by the California Native Plant Society, Santa Monica Mountains Chapter. • Invasive species as identified by the California Invasive Plant Council, the City of Malibu, and/or the California Native Plant Society, Santa Monica Mountains Chapter, are prohibited. • All cut and fill slopes shall be hydroseeded upon completion of final grading. • Hydroseeded areas shall provided 90 percent vegetative coverage within five years, or that percentage of ground cover demonstrated locally appropriate for a healthy stand of the particular native vegetation type chosen. Revegetated areas shall be monitored for a minimum of five years following completion of hydroseeding. Annual monitoring reports indicating the successful establishment of hydroseeded vegetation shall be submitted to the City Biologist for review and approval. A final report shall be submitted to the City Biologist at the end of five years. If the hydroseeded areas have not achieved appropriate coverage as determined by the City Biologist after five years, the applicant shall submit a revised or supplemental landscape plan to the City Biologist for approval prior to implementation. The monitoring period shall be extended beyond five years until the revegetation of disturbed areas has been determined by the City Biologist to be successful. The above mentioned actions are to be completed in accordance to LIP Section 3.10.1. Significance After Mitigation. Implementation of the above measures would reduce the impacts to Las Flores Creek to a less than significant level.
City of Malibu 4.1-27 Rambla Pacifico Street Reconstruction EIR Section 4.1 Biological Resources
c. Cumulative Impacts. Cumulative development in the City would continue to disturb areas with the potential for sensitive biological resources. Each development proposal is reviewed by the City and undergoes environmental review when it is deemed appropriate. Significant impacts to biological resources are minimized through this development review process, which requires mitigation to reduce significant impacts to the greatest extent feasible and below significance thresholds in most cases. The biological impacts associated with the proposed project have been mitigated to levels of insignificance. The impacts of the proposed project would be localized in nature and would not contribute to any cumulative impacts to regional biological resources. However, as travel through the area is made easier, increased development may occur, resulting in additional impacts to sensitive resources.
City of Malibu 4.1-28