Loading...
18-0515_VERMEULEN RANCH CENTER, LLC_D1_Agenda Report_Encl 2_App BI NITIAL S TUDY/MITIGATED N EGATIVE D ECLARATION MARCH 2018 T HE F ARM S PECIFIC P LAN P ROJECT C ITY OF S AN J UAN C APISTRANO, C ALIFORNIA P:\JCA1703\CEQA\Pre-Print MND\Draft MND.docx «03/02/18» APPENDIX B BIOLOGICAL RESOURCES ANALYSIS T HE F ARM S PECIFIC P LAN P ROJECT C ITY OF S AN J UAN C APISTRANO, C ALIFORNIA I NITIAL S TUDY/MITIGATED N EGATIVE D ECLARATION M ARCH 2018 P:\JCA1703\CEQA\Pre-Print MND\Draft MND.docx «03/02/18» This page intentionally left blank BERKELEY CARLSBAD FRESNO IRVINE LOS ANGELES PALM SPRINGS POINT RICHMOND RIVERSIDE ROSEVILLE SAN LUIS OBISPO 20 Executive Park, Suite 200, Irvine, California 92614 949.553.0666 www.lsa.net MEMORANDUM DATE: February 16, 2018 TO: City of San Juan Capistrano FROM: Chris Meloni, Project Manager SUBJECT: Biological Resources Assessment for The Farm Specific Plan Project This memorandum serves as a follow-up report to the previous Spieker Continuing Care Retirement Community (CCRC) Specific Plan Project (project) Biological Resources Assessment (Biological Resources Assessment) prepared by LSA Biologist Jim Harrison in January 2014. This report addresses the results of the subsequent analysis for the proposed The Farm Specific Plan. PROJECT DESCRIPTION The project site is located at 32382 Del Obispo Street in the southwestern portion of San Juan Capistrano. No other open space or natural habitat occurs in the general vicinity of the project site (see Figure 1, Project Location; all figures attached). Currently disturbed and barren since May 2014, the project site had formerly been used as a nursery and agricultural operation (container growing; no in-ground agriculture). The project site is currently surrounded by existing residential, church, senior housing, school, and retail uses. The project site is located in the County of Orange Central and Coastal Subregion Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP), but is located in an area identified as “developed” and is outside of the designated habitat reserve. ASSESSMENT METHODS Literature Review An updated site-specific database records search was conducted to determine the potential occurrence of federal and State special-status species at or in the immediate vicinity of the project site. A nine-quadrangle database search of the United States Geological Survey’s (USGS) California 7.5-minute quadrangles was examined using the California Natural Diversity Database (CNDDB) RareFind and the California Native Plant Society (CNPS) Online Inventory of Rare and Endangered Plants prior to conducting a site survey. Sensitive species known by LSA biologists to occur in the general area were also considered. Biological Survey A general biological survey of the project site was conducted by LSA Biologists Chris Meloni and Heather Monteleone on December 28, 2017, to evaluate the current site conditions relative to the findings of the previous Biological Resources Assessment. The survey consisted of walking the project site and recording species present, as well as evaluating whether or not there have been any 2/16/18 «P:\JCA1703\Bio\The Farm Bio Memo rev.docx» 2 changes to the site conditions compared to the conditions described in the previous Biological Resources Assessment. Although a formal jurisdictional delineation of the project area was not conducted, LSA did search for any evidence of drainages or other potentially jurisdictional features within the project area limits. The project area lacks any natural streams or riparian habitat. However, the eastern portion of the site contains a series of open, man-made drainage channels designed to capture and convey surface runoff during previous nursery operations. As stated in the previous Biological Resources Assessment (January 2014), given the purpose of the on-site drainage channel system and water storage basins, which would be considered an efficient wastewater treatment system designed to meet the requirements of the Clean Water Act (CWA), these artificial drainage channels and basins would not be considered jurisdictional waters of the United States as stated in 33 Code of Federal Regulations (CFR) 328.3:(b)(1) “Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the CWA are not waters of the United States.” In addition, pursuant to the Preamble of the CWA, the United States Army Corps of Engineers (Corps) does not typically assert jurisdiction over drainage channels that have been excavated on dry land for the express purpose of controlling on-site flooding and conveying storm water runoff off site. Therefore, the United States Army Corps of Engineers (Corps) would not regulate these drainage channels and basins per Section 404 of the Clean Water Act (CWA). While the drainage channels on site have a bed and banks, these man-made channels do not support riparian or wetland habitat, nor do they appear to support fish or other aquatic-dependent animal species. Therefore, it is unlikely that the California Department of Fish and Wildlife (CDFW) would consider the artificial drainage channels or water storage basins subject to CDFW jurisdiction pursuant to Section 1600 et seq. of the California Fish and Game Code. However, CDFW reserves the right to make the final determination regarding their jurisdiction. RESULTS Native and Nonnative Plant Species The entire project site is currently disturbed and barren; therefore, there are no natural plant communities within the project site (see Observed Plant Species, Attachment A, and Figure 2, Representative Site Photos). A row of nonnative Peruvian pepper trees (Schinus molle) located along the edge of the project site, adjacent to the nursery retail center and paved parking lot, is part of the ornamental landscape. There are also a variety of other ornamental landscape trees surrounding and adjacent to the project site. These trees, both on and off site, as well as various existing structures on site, could potentially support nesting birds. Native and Nonnative Animal Species A few common animal species were present on the project site during the biological site survey. The animal species that were present are typical of those found in developed, suburban areas in Orange County, and included American crow (Corvus brachyrhynchos), black phoebe (Sayornis nigricans), mourning dove (Zenaida macroura), California gull (Larus californicus), killdeer (Charadrius 2/16/18 «P:\JCA1703\Bio\The Farm Bio Memo rev.docx» 3 vociferus), and western fence lizard (Sceloporus occidentalis). The animal species observed in both biological resource surveys adapt well to noise and other disturbances associated with temporary construction. Although some animal species are expected to periodically move about the project site, besides the 0.9 acre of open space north of the project site, the site is entirely surrounded by other development and does not function as a wildlife movement corridor or special linkage. As stated above, and consistent with the findings presented in the previous Biological Resources Assessment (January 2014), the project area and adjacent nonnative trees could support nesting birds during the active nesting breeding season (February 15–August 15). Depending on when the proposed construction work takes place, active nesting by birds, protected under the Migratory Bird Treaty Act (MBTA) and/or the California Fish and Game Code, could potentially be adversely impacted by construction activities. Therefore, Mitigation Measure BIO-1 of the Biological Resource Assessment is proposed and requires preconstruction clearance surveys for active bird nesting and restrictions for tree removals in compliance with the MBTA. Implementation of Mitigation Measure BIO-1 would ensure that the potential project impacts to nesting migratory birds during project construction would be reduced to below a level of significance. The adverse effects of nuisance noise from proposed project activities would be temporary and would not constitute a significant adverse impact to normal nesting behavior on site or in the adjacent areas following implementation of the proposed project. Special-Status Plant/Animal Species No special-status plant or animal species (including special-status raptors) were observed on the project site during the site survey, and none is expected to occur within or immediately adjacent to the project site due primarily to the disturbed and developed site conditions. The updated record search yielded no new species relative to the previous report. However, Allen’s hummingbird (Selasphorus sasin), which is included on the CDFW Special Animals list (and, as such, is considered a special-status animal species), thrives in the ornamental plantings of Orange County. Given the current project site conditions, this species could potentially occur on site, although it was not observed during the site visit. The construction-specific recommendations to avoid impacts to nesting birds are presented above and in the previous Biological Resources Assessment and would avoid impacts to this species. When completed, the proposed project (residential housing) will not result in impacts to this species. It is likely that the ornamental vegetation associated with the residential development will provide habitat for this species. Cumulative Impacts Cumulative impacts are defined as the direct and indirect effects of a proposed project which, when considered alone, would not be deemed a substantial impact, but when considered in addition to the impacts of related projects in the area, would be considered significant. The proposed project will not result in impacts to or adversely affect natural habitats, natural plant communities, special- status plant or animal species, or drainages subject to the jurisdiction of the Corps, CDFW, or RWQCB. In addition, the proposed project will not have a considerable effect on wildlife movement, nor will it eliminate or otherwise adversely impact any wildlife movement corridor. Therefore, the proposed project will not contribute to the cumulative impacts that may be associated with other projects in the area. 2/16/18 «P:\JCA1703\Bio\The Farm Bio Memo rev.docx» 4 Mitigation Measures The following mitigation measure is required to comply with wildlife regulations and State environmental laws. BIO-1: If the construction activities occur during the breeding season (February 15– August 15), the applicant shall retain qualified biologist to conduct a nesting bird survey within 5 days prior to commencement of construction activities to ensure that birds are not engaged in active nesting within 100 feet of the construction limits. If nesting birds are discovered during preconstruction surveys, the biologists shall identify an appropriate buffer (i.e., up to 500 feet depending on the circumstances and specific bird species) where no construction activities or other disturbances are allowed to occur until after the birds have fledged from the nest. Prior to commencement of grading activities and issuance of any building permits, the City of San Juan Capistrano Director of Development Services, or designee, shall verify that all project grading and construction plans include specific documentation regarding the requirements of the Migratory Bird Treaty Act (MBTA), that preconstruction surveys have been completed and the results reviewed by staff, and that the appropriate buffers (if needed) are noted on the plans and established in the field with orange snow fencing. If you have any questions regarding this report or would like to discuss the project further, please contact me at (949) 553-0666. Sincerely, LSA Associates, Inc. Chris Meloni Senior Biologist Attachments: A – Observed Plant Species B – Figures 1 and 2 B IOLOGICAL R ESOURCES A SSESSMENT J ANUARY 2018 T HE F ARM S PECIFIC P LAN P ROJECT S AN J UAN C APISTRANO , O RANGE C OUNTY , C ALIFORNIA P:\JCA1703\Bio\The Farm Bio Memo rev.docx «02/16/18» A-1 ATTACHMENT A OBSERVED PLANT SPECIES Scientific Name Common Name Atriplex semibaccata Australian saltbush Baccharis pilularis Coyote bush Baccharis salicifolia Mule fat Chenopodium album Lamb’s quarters Conyza sp. Conyza Cortaderia selloana Pampas grass Erigeron canadensis Common horseweed Euphorbia sp. Spurge Lantana sp. Lantana Limonium sp. Statice/Sea lavender Malva parviflora Cheeseweed Marsdenia rostrate Milk vine Nicotiana glauca Tree tobacco Opuntia sp. Prickly pear cactus Pennisetum setaceum Crimson fountain grass Helminthotheca echioides Bristly ox-tongue Pseudognaphalium luteoalbum Pseudognaphalium Rosa sp. Rose Salix lasiolepis Arroyo willow Salix nigra Black willow Salsola tragus Russian-thistle Schinus molle Peruvian pepper tree Solanum americanum White nightshade Sonchus sp. Sow-thistle Vitis vinifera Grape B IOLOGICAL R ESOURCES A SSESSMENT J ANUARY 2018 T HE F ARM S PECIFIC P LAN P ROJECT S AN J UAN C APISTRANO , O RANGE C OUNTY , C ALIFORNIA P:\JCA1703\Bio\The Farm Bio Memo rev.docx «02/16/18» ATTACHMENT B FIGURES 1 AND 2 Figure 1: Project Location Figure 2: Representative Site Photos SOURCE: USGS 7.5' Quad - Dana Point (1975) I:\JCA1703\GIS\MXD\ProjectLocation_USGS.mxd (12/14/2017) FIGURE 1 The Farm San Juan CapistranoProject L ocation 0 1000 2000 FEET LEGEND Project Location OrangeCounty San DiegoCounty ÃÃ73 ÃÃ261 ÃÃ133 ÃÃ55 ÃÃ1 ÃÃ241 ÃÃ74 Project Location §¨¦405 §¨¦5 Project Vicinity I:\JCA1703\G\Site_Photos.cdr (1/4/2018) The Farm San Juan Capistrano Representative Site Photos FIGURE 2 View looking east. View looking northeast. Empty retention pond on site. View looking north. (Page 1 of 2) View looking northwest. I:\JCA1703\G\Site_Photos.cdr (1/4/2018) The Farm San Juan Capistrano Representative Site Photos FIGURE 2 DrainageleadingtoAlpazStreet.Viewlookingsoutheast. (Page 2 of 2)