BIOLOGICAL RESOURCES EVALUATION - POPLAR STREET TRAFFIC CALMING AND SAFETY PROJECT HALF MOON BAY, SAN MATEO COUNTY - City of Half Moon ...
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B I O L O G I C A L R E S O U R C E S E VA L U AT I O N POPLAR S T R E E T TRAFFIC C A L M I N G A N D S A F E T Y P R O J E C T H A L F MOON BAY, S A N M A T E O C O U N T Y October 2021
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B I O L O G I C A L R E S O U R C E S E VA L U AT I O N POPLAR S T R E E T TRAFFIC C A L M I N G A N D S A F E T Y P R O J E C T H A L F MOON BAY, S A N M A T E O C O U N T Y Submitted to: Robert Stevens CSW/ST2 Engineering Group, Inc. 45 Leveroni Court Novato, California 94949 Prepared by: LSA 157 Park Place Pt. Richmond, California 94801 510.236.6810 Project No. STU1901 October 2021
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BIOLOGICAL RESOURCES EVALUATION POPLAR STREET TRAFFIC CALMING AND SAFETY PROJECT OCTOBER 2021 HALF MOON BAY, SAN MATEO COUNTY TABLE OF CONTENTS INTRODUCTION .......................................................................................................... 1 Project Description and Location .................................................................................................. 1 REGULATORY SETTING ................................................................................................ 5 Federal Endangered Species Act ................................................................................................... 5 Migratory Bird Treaty Act .............................................................................................................. 5 Clean Water Act ............................................................................................................................ 5 California Endangered Species Act ................................................................................................ 6 California State Fish and Game Code ............................................................................................ 6 Sections 1600‐1603 of the State Fish and Game Code ................................................................. 7 Section 2081 of the State Fish and Game Code ............................................................................ 7 Half Moon Bay Tree Preservation Ordinance................................................................................ 7 California Coastal Act .................................................................................................................... 8 Local Coastal Land Use Plan Policies ............................................................................................. 9 Policies ‐ Environmentally Sensitive Habitat Area Designation and Mapping.................................... 9 Policies ‐ Biological Evaluations .......................................................................................................... 9 Policies ‐ General ESHA Protection ................................................................................................... 10 Policies ‐ Terrestrial ESHA ................................................................................................................. 11 Policies ‐ Non‐Aquatic Habitat for Special Status and Unique Species............................................. 12 Policies ‐ Wetlands ........................................................................................................................... 12 Policies ‐ Development Standards .................................................................................................... 14 METHODS ................................................................................................................. 15 Data Base Search and Literature Review .................................................................................... 15 Nomenclature.............................................................................................................................. 15 Biological Field Surveys ............................................................................................................... 15 BIOLOGICAL RESOURCES ........................................................................................... 17 Habitat Types............................................................................................................................... 17 Urban ................................................................................................................................................ 17 Ruderal ............................................................................................................................................. 21 Non‐Native Grassland....................................................................................................................... 21 Coastal Freshwater Marsh................................................................................................................ 22 Soils ............................................................................................................................................. 22 Potentially Jurisdictional Features .............................................................................................. 22 Wildlife ........................................................................................................................................ 23 Special‐Status Species ................................................................................................................. 23 Special‐Status Plant Species ............................................................................................................. 24 Special‐Status Wildlife Species ......................................................................................................... 24 Sensitive Natural Communities ................................................................................................... 30 Wildlife Movement Corridors...................................................................................................... 31 Wildlife Nursery Sites .................................................................................................................. 31 Protected Trees ........................................................................................................................... 31 Impacts and Recommended Avoidance Measures ..................................................................... 32 Water Quality for Coastal and Marine Wildlife ................................................................................ 32 i
POPLAR STREET TRAFFIC CALMING AND SAFETY PROJECT BIOLOGICAL RESOURCES EVALUATION HALF MOON BAY, SAN MATEO COUNTY OCTOBER 2021 Nesting Special‐Status Birds and Other Protected Birds .................................................................. 33 Roosting Bats .................................................................................................................................... 34 Wintering Raptors ............................................................................................................................ 35 Monitoring and Reporting Program ............................................................................................ 35 REFERENCES .............................................................................................................. 37 FIGURES Figure 1: Regional Location ..................................................................................................................... 3 Figure 2: Site Location ............................................................................................................................. 4 Figure 3: Existing Biological Resources ................................................................................................. 19 Figure 4: Surveyed Trees ....................................................................................................................... 20 Figure 5: CNDDB Occurrences within 1 Mile of Project Site ................................................................. 25 TABLES Table A: Summary of Trees in the Tree Survey Area ............................................................................ 31 APPENDIX A: TABLES ii
BIOLOGICAL RESOURCES EVALUATION POPLAR STREET TRAFFIC CALMING AND SAFETY PROJECT OCTOBER 2021 HALF MOON BAY, SAN MATEO COUNTY INTRODUCTION This report presents the results of a Biological Resources Evaluation (BRE) conducted by LSA on behalf of the City of Half Moon Bay (City) for the proposed Poplar Street Traffic Calming and Safety Project in Half Moon Bay, San Mateo County (project). This BRE was prepared because the project site is located within 100 feet of sensitive habitat area and wetlands. The project location is shown on Figure 1, Regional Location, and Figure 2, Site Location and Topographic Map. This BRE discusses potential impacts to biological resources and identifies mitigation/avoidance measures to reduce potential impacts. The assessment addresses special‐status species that are known to or have the potential to occur at the project site. The assessment describes and analyzes the following: 1) the proposed project; 2) existing sensitive habitats and wetlands located within 200 feet of the project site; 3) occurrences of rare, endangered, unique, and other special‐status species and habitat requirements in the vicinity; 4) effects of the proposed project; 5) potential for take or impacts to special‐status species; and 6) minimization measures to reduce or eliminate adverse impacts. For rare, endangered, and unique species, this BRE provides: 1) a definition of the requirements of these species; 2) a discussion of animal predation and migration requirements; and 3) animal food, water, nesting or denning sites and reproduction, and the plants, life histories and soils, climate, and geographic requirements. PROJECT DESCRIPTION AND LOCATION The City proposes to implement complete street improvements along Poplar Street from Main Street to Railroad Avenue. The project would provide improvements that offer safe access to pedestrians, bicyclists, and vehicles along the 3,000‐foot Poplar Street corridor from the SamTrans Route 294 bus stop to Poplar Beach. The anticipated enhancements include pedestrian and bicycle access, drainage improvements, and traffic‐calming measures. The project would include removal of six trees to accommodate proposed improvements on the eastern side of Highway 1, closer to Main Street. No trees are proposed for removal or significant pruning west of Highway 1. An existing ditch that drains stormwater and irrigation from one lot at the corner of Poplar Street and Railroad Avenue would be removed during the construction of a new walkway with an asphalt (AC) berm. A new drain inlet would be installed to collect the water that previously collected in the ditch and tie into the existing culvert beneath Railroad Avenue. 1
POPLAR STREET TRAFFIC CALMING AND SAFETY PROJECT BIOLOGICAL RESOURCES EVALUATION HALF MOON BAY, SAN MATEO COUNTY OCTOBER 2021 This page intentionally left blank 2
à 1 § ¦ ¨280 à 1 Ã92 à 35 Project Location à 1 Pacific Ocean Project Vicinity à 1 San Francisco Bay Pacific Project Ocean Location LEGEND FIGURE 1 Project Site Poplar Street Traffic Calming and Safety Project 0 0.75 1.5 Half Moon Bay, San Mateo County, California Regional Location MILES SOURCE: CDFW CNDDB (10/2021). I:\STU1901\GIS\Maps\BRE\Figure 1_Regional Location.mxd (10/29/2021)
Project Site LEGEND FIGURE 2 Project Site Poplar Street Traffic Calming and Safety Project 0 1000 2000 Half Moon Bay, San Mateo County, California Site Location and Topographic Map FEET SOURCE: USGS 7.5-minute Topo Quad Half Moon Bay, Calif.(1991). I:\STU1901\GIS\Maps\BRE\Figure 2_Site Location and Topographic Map.mxd (10/29/2021)
BIOLOGICAL RESOURCES EVALUATION POPLAR STREET TRAFFIC CALMING AND SAFETY PROJECT OCTOBER 2021 HALF MOON BAY, SAN MATEO COUNTY REGULATORY SETTING FEDERAL ENDANGERED SPECIES ACT The United State Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) are the designated federal agencies responsible for administering the Endangered Species Act (ESA). The ESA defines species as “endangered” and “threatened” and provides regulatory protection for any species thus designated. Section 9 of the ESA prohibits the “take” of species listed by the USFWS as threatened or endangered. As defined in the ESA, taking means “...to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in such conduct.” Recognizing that take cannot always be avoided, Section 10(a) of the ESA includes provisions for takings that are incidental to, but not the purpose of, otherwise lawful activities. Specifically, under Section 10(a)(1)(A) authorized take permits may be issued for scientific purposes (e.g., universities). Under Section 10(a)(1)(B) incidental take permits may be issued if the taking is incidental and does not lead to jeopardy of the species. Section 7(a)(2) of the ESA requires all federal agencies, including the USFWS, to evaluate the project with respect to any species proposed for listing or already listed as endangered or threatened and their critical habitat, if any is proposed or designated. Federal agencies must undertake programs for the conservation of endangered and threatened species and are prohibited from authorizing, funding, or carrying out any action that would jeopardize a listed species or destroy or modify its “critical habitat.” As defined in the ESA, “individuals, organizations, states, local governments, and other non‐federal entities are affected by the designation of critical habitat only if their actions occur on federal lands, require a federal permit, license, or other authorization, or involve federal funding.” MIGRATORY BIRD TREATY ACT The Migratory Bird Treaty Act (MBTA) (16 U.S.C. SECTIONS 703‐711) is the domestic law that affirms and implements a commitment by the United States to four international conventions (with Canada, Mexico, Japan, and Russia) for the protection of a shared migratory bird resource. Unless and except as permitted by regulations, the MBTA makes it unlawful at any time, by any means, or in any manner to intentionally pursue, hunt, take, capture or kill migratory birds anywhere in the United States. The law also applies to the intentional disturbance and removal of nests occupied by migratory birds or their eggs during the breeding season. CLEAN WATER ACT Under Section 404 of the Clean Water Act, the U.S. Army Corps of Engineers (USACE) is responsible for regulating the discharge of fill material into waters of the United States. Waters of the United States and their lateral limits are defined in 33 CFR Part 328.3(a) and include streams that are tributary to navigable waters and their adjacent wetlands. Wetlands that are not adjacent to waters of the United States are termed isolated wetlands and, depending on the circumstances, may also be subject to USACE jurisdiction. 5
POPLAR STREET TRAFFIC CALMING AND SAFETY PROJECT BIOLOGICAL RESOURCES EVALUATION HALF MOON BAY, SAN MATEO COUNTY OCTOBER 2021 In general, a USACE permit must be obtained before placing fill in wetlands or other waters of the United States. The type of permit depends on the acreage involved and the purpose of the proposed fill. Minor amounts of fill can be covered by a Nationwide Permit. An Individual Permit is required for projects that result in more than a “minimal” impact on jurisdictional areas. Pursuant to Section 401 of the federal Clean Water Act, projects that are regulated by the USACE must obtain water quality certification from the Regional Water Quality Control Board (RWQCB). This certification ensures that projects will meet State water quality standards. The RWQCB has a policy of no‐net‐loss of wetlands and typically requires the identification of mitigation for all impacts to wetlands before water quality certifications may be issued. For State waters that are not otherwise regulated by the USACE under Section 404, the RWQCB issues Waste Discharge Requirements, or waivers thereof, consistent with the Porter‐Cologne Water Quality Control Act. When reviewing applications, the RWQCB focuses on ensuring that projects do not adversely affect the “beneficial uses” associated with waters of the State. Generally, the RWQCB defines beneficial uses to include all of the resources, services, and qualities of aquatic ecosystems and underground aquifers that benefit the State. For most construction projects, the RWQCB seeks to protect these beneficial uses by requiring the integration of water quality control measures into projects that will result in discharge into waters of the State. The RWQCB typically requires the use of construction and post‐construction best management practices (BMPs) to protect and maintain water quality. CALIFORNIA ENDANGERED SPECIES ACT California Endangered Species Act (CESA) closely parallels the conditions of the federal ESA; however, it is administered by the California Department of Fish and Wildlife (CDFW). The CDFW is authorized to enter into memoranda of understanding with individuals, public agencies, universities, zoological gardens, and scientific or educational institutions to import, export, take, or possess listed species for scientific, educational, or management purposes. The CESA establishes a petitioning process for the listing of threatened or endangered species. The California Fish and Wildlife Commission is required to adopt regulations for this process and establish criteria for determining whether a species is endangered or threatened. CESA prohibits the “taking” of listed species except as otherwise provided in State law. Unlike the federal ESA, CESA applies the take prohibitions to species petitioned for listing (State candidates). State‐lead agencies are required to consult with CDFW to ensure that any actions are not likely to jeopardize the continued existence of any State‐ listed species or result in destruction or degradation of required habitat. The CDFW is required to coordinate with the USFWS for actions that involve both federally‐ and State‐listed species. CALIFORNIA STATE FISH AND GAME CODE Under California State Fish and Game Code Sections 3503, 3503.5, and 3513, the project operator is not allowed to conduct activities that would result in the taking, possessing, or destroying of any birds of prey; the taking or possessing of any migratory nongame bird; the taking, possessing, or needlessly destroying of the nest or eggs of any raptors or nongame birds; or the taking of any nongame bird pursuant to California Fish and Game Code Section 3800. Fish and Game Code Section 3513 adopts the federal Department of the Interior take provisions under the MBTA. 6
BIOLOGICAL RESOURCES EVALUATION POPLAR STREET TRAFFIC CALMING AND SAFETY PROJECT OCTOBER 2021 HALF MOON BAY, SAN MATEO COUNTY SECTIONS 1600‐1603 OF THE STATE FISH AND GAME CODE All diversions, obstructions, or changes to the natural flow or bed, channel, or bank of any river, stream, or lake in California that supports fish or wildlife resources are subject to the regulatory authority of the CDFW pursuant to Sections 1600 through 1603 of the State Fish and Game Code (Code). Under State code, a stream is defined as a body of water that flows at least periodically, or intermittently, through a bed or channel having banks and supporting fish or other aquatic life. Included are watercourses with surface or subsurface flows that support or have supported riparian vegetation. Specifically, Section 1603 of the Code governs private‐party individuals, and Section 1601 of the Code governs public projects. CDFW jurisdiction within altered or artificial waterways is based on the value of those waterways to fish and wildlife. The CDFW must be contacted by the public or private party for a Streambed Alteration Agreement for any project that might impact a streambed or wetland. The CDFW has maintained a “no net loss” policy regarding potential impact and has required replacement of lost habitats on at least an acre‐for‐acre basis. SECTION 2081 OF THE STATE FISH AND GAME CODE Under Section 2081 of the Code, the CDFW may authorize individuals or public agencies to import, export, take, or possess, any endangered, threatened, or candidate species in the State of California. These acts that are otherwise prohibited may be authorized through permits or memoranda of understanding if: 1) the take is incidental to an otherwise lawful activity; 2) impacts of the authorized take are minimized and fully mitigated; 3) the permit is consistent with any regulations adopted pursuant to any recovery plan for the species; and 4) the applicant ensures adequate funding to implement the measures required by CDFW. CDFW makes this determination based on the best scientific and other information that is reasonably available and includes consideration of the species' capability to survive and reproduce. HALF MOON BAY TREE PRESERVATION ORDINANCE Chapter 7.40 of the Half Moon Bay Municipal Code includes a tree preservation ordinance that defines a heritage tree as the following: A tree located on public or private property, exclusive of eucalyptus, with a trunk diameter of 12 inches or circumference of approximately 38 inches measured at 48 inches above ground level: or A tree or stand of trees so designated by resolution of the City Council based on its finding of special historical, environmental or aesthetic value: or Any street tree located in the public right of way along the entire length of Main Street. A permit is required for removal or significant alteration of a heritage tree, as defined. 7
POPLAR STREET TRAFFIC CALMING AND SAFETY PROJECT BIOLOGICAL RESOURCES EVALUATION HALF MOON BAY, SAN MATEO COUNTY OCTOBER 2021 CALIFORNIA COASTAL ACT Section 30001.5 Legislative Findings and Declarations, the California Coastal Act, defines the basic goals of the State for the coastal zone as follows: a. Protect, maintain, and where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and artificial resources. b. Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the state. c. Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resources conservation principles and constitutionally protected rights of private property owners. d. Assure priority for coastal‐dependent and coastal‐related development over other development on the coast. e. Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone. All public agencies and all federal agencies, to the extent possible under federal law or regulations or the United States Constitution, must comply with the provisions of the California Coastal Act within the coastal zone. The City of Half Moon Bay is located entirely within the coastal zone. The California Coastal Commission requires only one of the three wetland characteristics for a feature to be considered jurisdictional. The three parameters are hydrology/saturated substrate, hydrophytic soils, and hydrophytic vegetation. The Local Coastal Land Use Plan defines wetlands “as lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens. (Coastal Act Section 30121).” The Coastal Commission’s regulations in the California Code of Regulations §13577(b) provides the following definition of wetlands and criteria for identification: Wetland shall be defined as land where the water table is at, near, or above the land surface long enough to promote the formation of hydric soils or to support the growth of hydrophytes, and shall also include those types of wetlands where vegetation is lacking and soil is poorly developed or absent as a result of frequent and drastic fluctuations of surface water levels, wave action, water flow, turbidity or high concentrations of salts or other substances in the substrate. Such wetlands can be recognized by the presence of surface water or saturated substrate at some time during each year and their location within, or adjacent to, vegetated wetlands or deep‐water habitats. 8
BIOLOGICAL RESOURCES EVALUATION POPLAR STREET TRAFFIC CALMING AND SAFETY PROJECT OCTOBER 2021 HALF MOON BAY, SAN MATEO COUNTY LOCAL COASTAL LAND USE PLAN POLICIES Policies within the City of Half Moon Bay’s 2020 Local Coastal Land Use Plan (LCLUP) that are relevant to the project are listed below. Policies ‐ Environmentally Sensitive Habitat Area Designation and Mapping 6‐1. Environmentally Sensitive Habitat Area Definition An Environmentally Sensitive Habitat Area (ESHA) is 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, including the following: a. Any habitat area that is rare or especially valuable from a local, regional, or statewide basis. b. Areas that contribute to the viability of plant or animal species designated as rare, threatened, or endangered under State or Federal law. c. Areas that contribute to the viability of species designated as Fully Protected or Species of Special Concern under State law or regulations. d. Areas that contribute to the viability of plant species for which there is compelling evidence of rarity, for example, those designated 1b (Rare or endangered in California and elsewhere) or 2 (rare, threatened or endangered in California but more common elsewhere) by the California Native Plant Society. In Half Moon Bay, these areas include, but are not limited to terrestrial ESHAs (marine environment, sea cliffs, dunes, coastal terrace prairie, and non‐aquatic habitat for special status or unique species), wetlands, and watercourses. Policies ‐ Biological Evaluations 6‐8. Biological Study For development proposed in and adjacent to ESHA and projects for which the preliminary biological inventory indicates the presence or potential for sensitive species or habitat, require the preparation of a detailed biological study by a City‐approved, qualified professional to be submitted prior to development review and prior to any ground disturbance. The report shall assess site conditions typically within 200 feet of the proposed development; identify if site conditions meet the LCP’s definition of ESHA; determine if significant direct or cumulative impacts to the ESHA, to the special status species supported by the ESHA, or to on‐ or off‐site biological productivity and ecosystem functionality may occur from the proposed development; and recommend the most feasible avoidance and/or mitigation measures if impacts may occur. At minimum, the study shall also provide and discuss the following if ESHA is present and if applicable to site conditions: a. For animals and avian species: Requirements for food, water, nesting or denning sites and requirements for reproduction, predation, dispersal, refugia, and migration; b. For plants: Life histories, and requirements for soils, climate, and geography; 9
POPLAR STREET TRAFFIC CALMING AND SAFETY PROJECT BIOLOGICAL RESOURCES EVALUATION HALF MOON BAY, SAN MATEO COUNTY OCTOBER 2021 c. A map depicting the locations of plants or animals and/or their habitats; d. Recorded observations of special status species from reputable databases such as the California Natural Diversity Database; e. Site topography, drainage patterns, soil permeability, and depth to water table; f. Unique site conditions, such as vegetation, natural topography, or built features (e.g., roads, structures) that provide a physical barrier between the proposed development and the ESHA; g. The likelihood of increased human activity and disturbance resulting from the project relative to existing development; h. An evaluation by a qualified professional of the ESHA’s vulnerability to sea level rise impacts (e.g., sensitivity to inundation and seawater intrusion) and ability for adaptation (e.g. inland migration) for projects located within 300 feet of the beach or bluff edge, or where otherwise appropriate based on based available science for inundation projections; i. A recommendation of the need to conduct a wetland delineation if site conditions indicate the presence or potential for wetland species or indicators; j. Recommended avoidance and/or mitigation measures if the proposed development has potential to impact any on‐ or off‐site sensitive habitat areas or special status species during or post‐construction; and k. Recommended buffer widths based on the applicable buffer policies in this chapter, site‐specific conditions, and sensitivity and resilience of the ESHA to disturbance from the proposed development and from anticipated sea level rise impacts, where applicable. Where a reduced buffer zone is proposed, a recommendation of whether the reduced buffer zone would provide equivalent protection of the biological integrity of the site’s sensitive habitats and special status species given the site‐specific characteristics of the resource(s) and of the type and intensity of proposed development. Studies shall be made public and subject to review and comments by jurisdictional agencies and the public concurrently. Policies ‐ General ESHA Protection 6‐12. Development Alternatives Development shall be sited and designed to avoid impacts to terrestrial ESHA, wetlands, and watercourses. If there is no feasible alternative (e.g., with respect to siting, size, or design) that can eliminate all impacts, the City shall consider whether there are any alternatives to the proposed development that achieve most of the same goals but would have fewer and less significant impacts. If such an alternative exists, the City shall either deny the proposed development or approve the alternative. Impacts that cannot be avoided shall be fully mitigated. 10
BIOLOGICAL RESOURCES EVALUATION POPLAR STREET TRAFFIC CALMING AND SAFETY PROJECT OCTOBER 2021 HALF MOON BAY, SAN MATEO COUNTY Policies ‐ Terrestrial ESHA 6‐16. Permitted Uses in Terrestrial ESHA and Terrestrial ESHA Buffers Terrestrial ESHAs (including the marine environment, sea cliffs, dunes, coastal terrace prairie, and non‐aquatic habitat for special status or unique species) shall be protected against significant disruption of habitat values. Only uses dependent on the resources within these areas and their buffer zones (i.e., habitat management and restoration, scientific research and educational activities, and low‐intensity public access and recreation) shall be allowed there. Development in areas adjacent to terrestrial ESHAs shall be sited and designed to prevent impacts that would significantly degrade the habitat or recreation value of those areas and shall be compatible with the continuance of those habitat areas. Temporary disruption (e.g., less than six months) for the construction, alteration, repair, and maintenance of existing or newly permitted facilities or structures is allowed if there are no feasible alternatives and the disruption is repaired and restored to at least an equivalent condition within one year. 6‐17. Terrestrial ESHA Buffer Zones Require buffer zones (i.e., areas between terrestrial ESHA and proposed development) of sufficient size to ensure the biological integrity and preservation of the habitat they are designed to protect. Maintain buffers with native vegetation to serve as transitional habitat and provide distance and physical barriers to human intrusion. Terrestrial ESHA (including the marine environment, sea cliffs, dunes, coastal terrace prairie, and non‐aquatic habitat for special status or unique species) shall have a minimum buffer width of 100 feet from proposed development. Larger buffers may be required if site‐specific evidence indicates that a larger buffer is necessary to maintain biological integrity and to protect the ESHA against impacts of proposed development. Terrestrial ESHA buffers may be reduced only where the following can be demonstrated through evidence provided by site‐specific evaluation pursuant to Policy 6‐8, and only as specified below: a. Where the only building site is located entirely within the required buffer; no alternative development site, size, or design is feasible; and the proposed development is compatible with the continued viability of the adjacent ESHA: the buffer may be reduced to no less than 20 feet provided that design alternatives that maximize the buffer width are utilized; or b. Where the only building site is not located entirely within the required buffer; no alternative building site, size, or design is feasible to accommodate the development entirely outside of the required buffer; no new adverse impacts to the ESHA will occur; and the reduced buffer would provide equivalent protection of the biological integrity of the ESHA given the site‐specific characteristics of the resource and of the type and intensity of disturbance, as conclusively demonstrated by a qualified biologist to the satisfaction of the City and all jurisdictional regulatory agencies: the buffer may be reduced to no less than 50 feet. 6‐18. Standards in Terrestrial ESHA and Terrestrial ESHA Buffers Site and design new development permitted in or adjacent to terrestrial ESHA to avoid adverse impacts to ESHA. Methods for avoiding impacts include, but are not limited to utilizing raised boardwalks, installing informative signage and exclusion fencing, and implementing construction best management practices. 11
POPLAR STREET TRAFFIC CALMING AND SAFETY PROJECT BIOLOGICAL RESOURCES EVALUATION HALF MOON BAY, SAN MATEO COUNTY OCTOBER 2021 Policies ‐ Non‐Aquatic Habitat for Special Status and Unique Species 6‐33. Unique Species Define unique species as an organism or group of organisms that has scientific or historic value, few indigenous habitats, some characteristic(s) that draw attention or are locally uncommon, or that are common only locally or are of limited range. Locally designate unique species and create guidelines for the protection and management of unique species. Unique species identified in the LCP include winter raptor populations on the Half Moon Bay bluffs. Guidelines for the protection and management of unique species may include specifications for buffers, habitat mitigation ratios, and others. 6‐34. Permitted Uses in Non‐Aquatic Habitat for Special Status and Unique Species Where a non‐aquatic habitat area may support special status or unique species, determine if the habitat is considered ESHA based on site‐specific information provided by the biological study required by Policy 6‐8. Where an ESHA determination is made, permitted uses shall be limited to the resource‐dependent uses allowed in terrestrial ESHA in Policy 6‐16. 6‐35. Standards in Non‐Aquatic Habitat for Special Status and Unique Species Regardless of an ESHA determination, require proposed development to avoid impacts to special status and unique species through methods such as preconstruction surveys, construction and/or tree removal timing restrictions, and exclusionary fencing. Policies ‐ Wetlands 6‐37. Wetland Delineation Require a survey, data forms, and analysis with the delineation of all wetland areas when a preliminary biological inventory or biological study indicates the presence or potential for wetland species or indicators. Wetland delineations should typically be conducted during the rainy season and must be conducted in accordance with Policy 6‐36. Wetlands Definition, the definitions of wetland boundaries contained in section 13577(b) of the California Code of Regulations, and applicable guidance from the California Coastal Commission. 6‐39. Wetland Protection Protect and, where feasible, restore the biological productivity and the quality of wetlands for both on‐ and off‐site benefits. 6‐41. Wetland Buffer Zones Wetland buffer zones for proposed development shall extend a minimum of 100 feet landward from the edge of the delineated wetland. A larger buffer may be required based on site‐specific evidence that a larger buffer is necessary to protect the functional capacity of the wetland ecosystem or to protect any sensitive species from the impacts of proposed development. A wetland buffer may be reduced to less than 100 feet only where the following can be demonstrated through evidence provided by site‐specific evaluation pursuant to Policy 6‐8, and only as specified below: 12
BIOLOGICAL RESOURCES EVALUATION POPLAR STREET TRAFFIC CALMING AND SAFETY PROJECT OCTOBER 2021 HALF MOON BAY, SAN MATEO COUNTY a. Where the only building site is located entirely within the required buffer; no alternative development site, size, or design is feasible; and the proposed development is compatible with the continued viability of the adjacent wetland, including protection of any sensitive species: the buffer may be reduced to no less than 20 feet provided that design alternatives that maximize the buffer width are utilized; or b. Where the only building site is not located entirely within the required buffer; no alternative development site, size, or design is feasible to accommodate the development entirely outside the required buffer; no new adverse impacts to the wetland will occur; and the reduced buffer would provide equivalent protection of wetland resources, as conclusively demonstrated by a professional biologist to the satisfaction of the City and all jurisdictional regulatory agencies: the buffer may be reduced to no less than 50 feet. 6‐42. Permitted Uses within Wetland Buffer Zones Within wetland buffer zones, permit only the following uses: a. Uses allowed within wetlands pursuant to Policy 6‐40; b. Public scenic overlooks; c. Existing agricultural uses; d. New agricultural uses, provided that they prevent impacts on the adjacent wetlands and protect the function of the buffer; e. Temporary disruption (e.g., less than six months) for the construction, alteration, repair, and maintenance of existing or newly permitted facilities or structures if there are no feasible alternatives and the disruption is repaired and restored to at least an equivalent condition; and f. Native landscaping. 6‐43. Standards in Wetlands and Wetland Buffer Zones Require that development permitted in wetlands and wetland buffer zones minimizes adverse impacts during and after construction. Specifically, require that: a. All construction which alters wetland vegetation is required to replace the vegetation including “no action” in order to allow for natural reestablishment and pursuant to applicable mitigation requirements; b. All construction takes place during daylight hours; c. All paths are elevated (e.g., boardwalks) so as not to impede movement of water, not to compact soil, and otherwise not to disturb wetland plants and animals; d. All outdoor lighting is prohibited within wetlands, minimized in the wetland buffer zone, and down‐cast and directed away from any wetland so as to not affect wildlife; 13
POPLAR STREET TRAFFIC CALMING AND SAFETY PROJECT BIOLOGICAL RESOURCES EVALUATION HALF MOON BAY, SAN MATEO COUNTY OCTOBER 2021 e. Noise from motorized machinery is kept to less than 45‐dBA at the wetland boundary, except for farm machinery; f. No herbicides are used in wetlands and wetland buffer zones unless there are no feasible alternatives and as specifically approved by the County Agricultural Commissioner and all jurisdictional regulatory agencies; and g. Any permit for development includes necessary mitigation, monitoring, reporting and maintenance programs. Policies ‐ Development Standards 6‐62. Exterior Lighting and ESHA Ensure that exterior night lighting is minimized, restricted to low intensity fixtures, shielded, and directed away from ESHA in order to minimize impacts on wildlife. Prohibit high intensity lighting for recreational facilities in ESHA, ESHA buffers, or where night lighting would increase illumination in ESHA. Prohibit the use of lighting directed over marine waters. 6‐63. Construction and ESHA Ensure that construction does not adversely impact sensitive bird or other animal species in on‐site or nearby ESHA, wetlands, or watercourses by requiring construction projects to implement best management practices (e.g., pre‐construction surveys, construction and/or tree removal timing restrictions, exclusionary fencing), and, as appropriate based on project scope and site conditions, noise and vibration reduction measures and monitoring by a qualified biologist during construction. 6‐64. Active Nest Monitoring Ensure construction and tree removal during nesting seasons (generally from February 1 to August 15) complies with the Migratory Bird Treaty Act, California Fish and Game Code, and other applicable regulations by surveying the project vicinity for active nests, avoiding disturbance if active nests are found by employing exclusion buffers or other methods recommended by a qualified biologist, and monitoring active nests until all young have fledged. 14
BIOLOGICAL RESOURCES EVALUATION POPLAR STREET TRAFFIC CALMING AND SAFETY PROJECT OCTOBER 2021 HALF MOON BAY, SAN MATEO COUNTY METHODS DATA BASE SEARCH AND LITERATURE REVIEW LSA reviewed existing documents provided by the City and on‐line data bases regarding biological resources for the project. LSA reviewed and incorporated the findings of the following resources: California Department of Fish and Wildlife’s (CDFW) California Natural Diversity Database (CNDDB; CDFW 2021a) California Native Plant Society’s (CNPS) Inventory of Rare and Endangered Plants (CNPS 2021) U.S. Fish and Wildlife Service’s (USFWS) Information for Planning and Consultation (USFWS 2021) eBird hotspots (eBird 2021) Preliminary Biological Evaluation for the Poplar Gateways Project Area, Half Moon Bay, California, prepared by Huffman‐Broadway Group, Inc., dated September 2018 (Huffman‐ Broadway 2018) City of Half Moon Bay Local Coastal Land Use Plan (LCLUP 2020) NOMENCLATURE The scientific nomenclature and vernacular nomenclature for the plant and wildlife species used in this analysis are from the following standard sources: plants, Baldwin et al. (2012) and updates listed on the Jepson Herbarium website (UC Berkeley 2021); amphibians and reptiles, Crother (2017); birds, American Ornithologists’ Union and supplements through 2021 (AOU 1998); and mammals, Bradley et al. (2014). BIOLOGICAL FIELD SURVEYS LSA senior biologist Dan Sidle conducted a reconnaissance‐level survey on May 20, 2020, and LSA certified arborist Timothy Milliken (International Society of Arboriculture Certification #WE‐5539A) conducted a tree survey at the project site on November 26, 2019. 15
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BIOLOGICAL RESOURCES EVALUATION POPLAR STREET TRAFFIC CALMING AND SAFETY PROJECT OCTOBER 2021 HALF MOON BAY, SAN MATEO COUNTY BIOLOGICAL RESOURCES HABITAT TYPES The project site includes the existing paved Poplar Street from Main Street west to Railroad Avenue. Several planted street trees and ornamental plants, and ruderal (weedy) vegetation occur along the roadway. The LCLUP (2020) maps habitat types in the project site as Urban, while habitat types within 200 feet of the project site are mapped as Ruderal (weedy vegetation) south of the site and east of Highway 1, and as Non‐Native Grassland and Coastal Freshwater Marsh west of the site. Figure 3 shows the locations of these habitat types. Urban Urban habitat occurs in developed areas. The urban habitat on the project site contains street trees, landscaping, and ruderal vegetation. The LCLUP states that these areas are not likely to support special‐status species due to the high level of disturbance and human activity; however, they may support nesting birds. Wildlife species observed in urban habitat along Poplar Street include northern mockingbird (Mimus polyglottos), bushtit (Psaltriparus minimus), California towhee (Melozone crissalis), and Anna’s hummingbird (Calypte anna). Street Trees A total of 33 street trees were surveyed along the project site (Figure 4). These trees consist of Monterey cypress (Hesperocyparis macrocarpa), Australian willow (Geijera parviflora), southern magnolia (Magnolia grandiflora), Ngaio tree (Myoporum laetum), Italian stone pine (Pinus pinea), and London plane (Platanus X hispanica). Although Monterey cypress is native to the region, the planted Monterey cypress trees along Poplar Street are not part of a native stand of trees and therefore, are not considered a sensitive plant species. Landscaped Landscaped plants along the project site include ornamental plants and lawns. Ruderal vegetation was also observed in the understory vegetation with the landscaping. Observed plants include ripgut brome (Bromus diandrus), foxtail barley (Hordeum murinum spp. leporinum), vetch (Vicia sp.), English plantain (Plantago lanceolata), and bur clover (Medicago polymorpha). Roadside Ditch A constructed roadside ditch is located along the southern road shoulder of Poplar Street in two residential front yards east of the intersection of Poplar Street and Railroad Avenue (Figure 3). This ditch would likely not be considered jurisdictional by the USACE or RWQCB because it is constructed on uplands and drains stormwater and irrigation from the two residences. 17
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LEGEND Land Cover FIGURE 3 Project Site Developed/Urban Non-native Annual Grassland 200-foot Buffer of Project Site Ruderal Coastal Freshwater Marsh Monterey Cypress Wetland/Coastal Freshwater Marsh Ditch Poplar Street Traffic Calming and Safety Project 0 200 400 Half Moon Bay, San Mateo County, California Non-jurisdictional Ditch Existing Biological Resources FEET SOURCE: CDFW CNDDB (10/2021). I:\STU1901\GIS\Maps\BRE\Figure 3_Existing Biological Resources.mxd (10/29/2021)
Æ Ä 1 28 29 31 33 ! ( (! ! (! (! (! ( 25 30 32 26 27 ! ( !! (( 21 22 19 ! ( ! ( 10 15 23 24 ! ( 9 ! ! ( 8 16! ! ( 3 5 14 20 ! ( ! ( 18 ( 17 ! ( (!(!( 2 ! ( 1 11 12 13 ! ( ! ( (! ! (! (! ( 67 ! ( ( ! ! 4 ! ( ! ( ( LEGEND FIGURE 4 Tree Survey Area 1 ( Tree and Tree Number ! Poplar Street Traffic Calming and Safety Project 0 112.5 225 Half Moon Bay, San Mateo County, California Surveyed Trees FEET SOURCE: Google Maps Sat (05/2018). I:\STU1901\GIS\Maps\BRE\Figure 4_Surveyed Trees.mxd (10/29/2021)
BIOLOGICAL RESOURCES EVALUATION POPLAR STREET TRAFFIC CALMING AND SAFETY PROJECT OCTOBER 2021 HALF MOON BAY, SAN MATEO COUNTY Ruderal Ruderal habitat is present south of Poplar Street and east of Highway 1. This habitat consisted of a mowed ruderal/non‐native grassland field that is dominated by non‐native and invasive weedy plant species. Plants observed include non‐native grasses, such as Italian rye grass (Festuca perenni), wild oats (Avena spp.), ripgut brome, and foxtail barley. Other non‐native plants observed include poison hemlock (Conium maculatum), bristly ox‐tongue (Helminthotheca echioides), black mustard (Brassica nigra), wild radish (Raphanus sativus), prickly lettuce (Lactuca serriola), Italian thistle (Carduus pycnocephalus), mallow (Malva sp.), common dandelion (Taraxacum officinale), red‐stem filaree (Erodium cicutarium), scarlet pimpernel (Lysimachia arvensis), Himalayan blackberry (Rubus armeniacus), and English plantain. Native California poppy (Eschscholzia californica) was also observed in the field. This ruderal habitat does not fall under a specific natural plant community described in A Manual of California Vegetation, Second Edition (Sawyer et al. 2009), but rather is a combination of several non‐native grassland and plant communities, such as Perennial (=Italian) rye grass fields (Lolium perenne [= Festuca perennis] Semi‐Natural Herbaceous Stands) and wild oats grass fields (Avena sp. Semi‐Natural Herbaceous Stands), among others. The ruderal habitat is not considered a sensitive plant community under the California Environmental Quality Act (CEQA), or in the LCLUP. Wildlife observed in the ruderal field include species adapted to urban environments, including common raven (Corvus corax), Eurasian‐collared dove (Streptopelia decaocto), mourning dove, California towhee, and Botta’s pocket gopher (Thomomys bottae) burrows. Non‐Native Grassland Non‐native grasslands occur northwest of the western end of the project site, near the intersection of Poplar Street and Railroad Avenue (Figure 3). This grassland is dominated by non‐native grasses, such as soft chess (B. hordeaceus), wild oats, foxtail barley, and Italian rye grass. Other plants observed include field bindweed (Convolvulus arvensis), cut‐leaf geranium (Geranium dissectum), French broom (Genista monspessulana), curly dock (Rumex crispus), mallow, wild radish, and vetch. A Monterey cypress is also growing in the grassland within 200 feet of the project site. This grassland does not fall under a specific natural plant community described in A Manual of California Vegetation, Second Edition (Sawyer et al. 2009), but rather is a combination of several non‐native grassland communities. The non‐native grassland west of the site is not considered a sensitive plant community under CEQA. Wildlife observed in the grassland during the May 2020 field survey include red‐tailed hawk (Buteo jamaicensis), house finch (Haemorhous mexicanus), lesser goldfinch (Spinus psaltria), song sparrow (Melospiza melodia), Brewer’s blackbird, European starling, and mourning dove, among others. During a prior incidental visit by LSA, a wintering white‐tailed kite (Elanus leucurus) was observed foraging in the grasslands. The non‐native grassland west of the project site is considered sensitive under the LCLUP because it provides regionally important foraging and wintering habitat for several raptor species. Small mammals, which in turn provide prey for raptors, inhabit these grasslands. The grasslands may also provide upland and dispersal habitat for the federally listed California red‐legged frog (Rana draytonii; CRLF) and San Francisco garter snake (Thamnophis sirtalis tetrataenia; SFGS). 21
POPLAR STREET TRAFFIC CALMING AND SAFETY PROJECT BIOLOGICAL RESOURCES EVALUATION HALF MOON BAY, SAN MATEO COUNTY OCTOBER 2021 Coastal Freshwater Marsh Coastal freshwater marsh wetlands are present in the roadside channel and grasslands west of the project site and portions of this habitat type are within 200 feet of the western limit of the project site. A freshwater marsh ditch occurs along the southern edge of Poplar Street, just west of Railroad Avenue (Figure 3). The ditch continues west for approximately 60 feet where it turns north into a culvert beneath Poplar Street and continues into a freshwater marsh channel that flows several hundred feet west toward Poplar Beach and the Pacific Ocean. Plants observed within or along the channel include nut sedge (Cyperus sp.), blue‐eyed grass (Sisyrinchium bellum), Italian rye grass, curly dock, ripgut brome, scarlet pimpernel, bur clover, prickly ox‐tongue, geranium, wild oats, and vetch. The coastal freshwater marsh west of the site is dominated by non‐native species and does not fall under a specific natural plant community but rather a combination of communities, including Perennial (= Italian) rye grass fields (Lolium perenne [= Festuca perennis] Semi‐Natural Herbaceous Stands). The coastal freshwater marsh west of the site is considered sensitive habitat by CDFW and under CEQA. Construction of the project will not impact the coastal freshwater marsh adjacent to the site. SOILS Three soil units are mapped within the project site: Denison clay loam, nearly level; Watsonville clay loam, nearly level; and Botella clay loam, nearly level, cool. All of these soil types are rated as moderately well‐drained to well‐drained soils. POTENTIALLY JURISDICTIONAL FEATURES A constructed ditch is located in the western portion of the project site along the southern road shoulder of Poplar Street in two residential front yards east of the intersection of Poplar Street and Railroad Avenue (Figure 3). The ditch segments span between connecting residential driveway culverts for a total distance of approximately 700 linear feet between Railroad Avenue and the two front yards. The approximate 90‐foot ditch segment at the easternmost front yard contains a series of small culverts with ditch segments lined with rocks. The westernmost 60‐foot segment of the ditch appears to have been dug by hand into a lawn and does not support wetland vegetation. The ditch connects to an existing culvert that runs west beneath Railroad Avenue where is connects to a channel with coastal freshwater marsh vegetation. This channel then flows north beneath Poplar Street and continues west along the northern shoulder of Poplar Street toward Poplar Beach and the Pacific Ocean. This ditch would likely not be considered jurisdictional waters of the U.S. because it is constructed on uplands and drains stormwater and irrigation from the two residences. It may also not be jurisdictional waters of the State for the same reason. At the time of the May 2020 survey, the ditch segments did not display any evidence of sediment movement or cut banks from water flow. The ditch's watershed appears limited to two adjacent residential front yards along the southern shoulder of Poplar Street. The ditch appears to have been constructed for road shoulder and irrigation drainage and does not replace any pre‐existing natural drainage feature. The lack of hydrophytic vegetation species suggests no wetland hydrology is present in the ditch. The ditch would not be considered jurisdictional because it is constructed in uplands, is not located in or replacing a natural drainage, and does not have wetland vegetation. 22
BIOLOGICAL RESOURCES EVALUATION POPLAR STREET TRAFFIC CALMING AND SAFETY PROJECT OCTOBER 2021 HALF MOON BAY, SAN MATEO COUNTY From this evidence, it is the opinion of LSA that these ditch segments and their intervening culverts are not likely to be considered jurisdictional under the federal Clean Water Act (Section 404), the California Clean Water Act (Porter‐Cologne Act)(Section 401), and the California Department of Fish and Wildlife 1600‐16002 Code. The California Coastal Commission requires only one of the three wetland parameters/ characteristics for a feature to be considered jurisdictional. The three parameters are hydrology, hydrophytic soils, and hydrophytic vegetation. The constructed ditch does not appear to meet any of these parameters or characteristics. However, no wetland data soil sample points were taken in the ditch because the ditch is located along existing residential front yards. The ditch flows into a culvert beneath Railroad Avenue and runs off‐site parallel to and along the southern shoulder of Poplar Street for approximately 60 feet before it turns north into a culvert beneath Poplar Street. The ditch then connects into another ditch along the northern shoulder of Poplar Street where it flows west toward Poplar Beach. The off‐site roadside channel along the northern shoulder of Poplar Street west of Railroad Avenue supports wetland vegetation, such as common spike rush (Eleocharis macrostachya), nut sedge, Italian rye grass, and curly dock. Upland vegetation, such as ripgut brome and scarlet pimpernel, was also observed in the off‐site ditch. WILDLIFE Wildlife that inhabits the project site include species that occur in residential neighborhoods and ruderal/grassland fields along the coast. Wildlife or wildlife sign detected during site surveys consist of western fence lizard (Sceloporus occidentalis), Botta’s pocket gopher (Thomomys bottae) burrows, and numerous bird species. A list of wildlife species detected during the survey is provided in Table A.3 in Appendix A. In addition to the wildlife species observed during LSA’s survey, several other common wildlife species are likely to occur on or near the project site. The grasslands west of the site, in particular support suitable foraging and nesting habitat for several bird species. In addition, several mammals, reptiles and other wildlife have been observed in the grassland during previous surveys completed by Huffman‐Broadway (2018). Other wildlife known to occur in this type of habitat in the area include coyote (Canis latrans), bobcat (Lynx rufus), black‐tailed deer (Odocoileus hemionus), Virginia opossum (Didelphis virginiana), striped skunk (Mephitis mephitis), California vole (Microtus californicus), Pacific tree frog (Pseudacris regilla), northern alligator lizard (Elgaria coerulea), and coastal garter snake (Thamnophis elegans terrestris) (Huffman‐Broadway 2018). The non‐grasslands provide foraging and wintering habitat for a variety of raptors (LCLUP 2020; Huffman‐Broadway 2018; LSA pers obs.) SPECIAL‐STATUS SPECIES For the purposes of this assessment, special‐status species are defined as follows: 1. Species that are listed, formally proposed, or designated as candidates for listing as threatened or endangered under the federal Endangered Species Act (ESA); 2. Species that are listed, or designated as candidates for listing, as rare, threatened, or endangered under the California Endangered Species Act (CESA); 23
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