Seismic conditions, proximity to faults, risk of seismic related ground failure Landslide risk Risk of substantial soil erosion

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1 A. GEOLOGY AND SOILS 1. Environmental Issue This section of the EIR was prepared by Firma using the available geologic and soils investigation reports for properties within the Planning Area. 1 These studies are preliminary in nature and would be expected to be updated with more detailed analyses at the time tentative tract maps or other specific development applications are submitted. The information presented below describes the basic topographic and geological conditions within the Planning Area properties. Topics of concern from the CEQA Guidelines include: Seismic conditions, proximity to faults, risk of seismic related ground failure Landslide risk Risk of substantial soil erosion This section will evaluate the geologic hazards associated with future development within the Planning Area and identity the basic engineering measures which may be necessary to mitigate potential hazards related to seismic activity, slope failure and erosion. This section also describes features of the geology pertinent to other constraint topics such as air quality (asbestos bearing rock formations), and water quality (erosion potential). The topic of soil erosion is addressed in more detail in IV-D Drainage, Flooding and Water Quality. 2. Environmental & Regulatory Setting General Plan As described in more detail below in the Impact Analysis section, General Plan policies S-10 and S-11 establish Hazardous Overlay Zones on slopes over 10% to protect risks associated with seismic events and slope stability. Environmental Setting According to the City Safety Element of the General Plan, Pismo Beach is located in a seismically active area. However, no active faults are known to be present within or in the near vicinity of Pismo Beach and surface rupture resulting from fault movement is not considered a significant problem within the City. Additionally, the potential for landslides is considered to be negligible in rocks that underlie most of the city and its surrounding hills. Ground shaking could occur in Pismo Beach, primarily from the San Andreas Fault, which runs generally north-south from the Bay Area to southern California, the closest portion of which is 1 Preliminary Soils Engineering Review Spanish Springs Ranch, May 24,2005, GeoSolutions, Inc. Asbestos Discussion Report Northern Access Road Tract 2554, January 28,2008 GeoSolutions,Inc.. Geotechnical Feasibility Study for the Preserve, Earth Systems, May 10, Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-A Geology and Soils. Page IV-A1

2 roughly 60 miles to the east of the City. The Nacimiento Fault is considered a secondary source of strong ground shaking but would have a negligible effect on Pismo Beach. An earthquake of Richter Magnitude 8.0 to 8.5 can be expected from a rupture along the San Andreas fault in the future, which would cause considerable groundshaking and potential structural damage in Pismo Beach. Secondary seismic hazards could result from the interaction of ground shaking with existing soil and bedrock conditions, and include liquefaction, settlement, landslides and tsunamis or tidal waves 2. The Planning Area is largely within the area of the Pismo Formation geologic unit with the Edna and Miguelito members comprising much of the non-alluvial areas. The geology of these members is characterized by steep terrain and rock outcrops with bedded and inclined sandstone and shale layers. These formations are not highly prone to landslides or liquefaction. Areas within the creek alluvial plain are assumed to be subject to liquefaction and expansive soils. Regulatory Setting The California State Legislature has placed specific responsibilities on local government for identification and evaluation of seismic hazards and the formation of programs and regulations to reduce risk. Cities and counties must take seismic hazards into account in their planning programs. The basic objective is to reduce loss of life, injuries, damage to property, and economic and social dislocations resulting from future earthquakes 3. Impact Analysis Environmental Impact Significance Criteria General Plan policies S-10 and S-11 establish Hazardous Overlay Zones on slopes over 10% to protect risks associated with seismic events and slope stability. Development on slopes over 10% would be considered a potentially significant impact requiring mitigation. The General Plan indicates that the method for evaluating specific seismic and geologic hazards in the City is to perform site-specific geotechnical investigations, and to implement the recommendations included in those investigations, if development were to proceed. As indicated in policies S-10 and S-11 below, the Planning Area would be included within the Safety Element Hazardous Overlay and Protection Zone if annexed to the City, and sitespecific geotechnical investigations would be required prior to approval of development permits. 2 Safety Element, page S-10, City of Pismo Beach Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-A Geology and Soils. Page IV-A2

3 S-10 Hazardous Overlay Zone Land areas subject to hazards associated with steep slope, slope instability and drainage problems shall be included within the Hazardous Overlay and Protection Zone. Generally, all lands in excess of 10% slope shall be included. S-11 Development Review in Hazardous Overlay Zone Geologic reports may be required and shall be reviewed by the appropriate decision-making body, prior to approval of any development permits for projects located within the Hazardous Overlay Zone. In addition to these City policies, the CEQA Guidelines identify a potentially significant impact if implementation of a project would expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault, Strong seismic ground shaking, Seismic-related ground failure, including liquefaction, Landslides, Result in substantial soil erosion or the loss of topsoil, Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse, Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property, Slope stability is typically a function soil type, geologic parent material, watershed characteristics as well as slope. In this context, it should be noted that there is not a geologic or engineering threshold that is triggered with respect to development on slopes over 30% that would necessarily result in greater safety risks, or other impacts. The existing General Plan policy prohibition on grading on slopes over 30% is aimed primarily at protecting visual resources. The concept of development on slopes exceeding 30% is therefore discussed in detail in section VI.A Visual Resources. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-A Geology and Soils. Page IV-A3

4 Analysis of Project Impacts GENERAL PLAN UPDATE The proposed General Plan Update to modify the boundaries of Planning Area R and the General Plan policies applicable to Planning Area R would not result in any significant or potentially significant impacts relating to geology or soils. While development within portions of Planning Area R is envisioned under the General Plan Update (development is also envisioned under current General Plan policies as well), the General Plan Update does not set forth any particular plan of development. Future development proposals for any of the properties within Planning Area R must be part of an approved Specific Plan, and Specific Plans require CEQA review prior to approval. The General Plan Update includes policy language that would allow limited grading in areas where slopes exceed 30% (current policy prohibits all such grading except for pre-existing lots along Price Canyon). The current General Plan prohibition per Policy CO-10 is concerned primarily with preserving open space and visual character. There is not a geologic or engineering threshold that is crossed on slopes over 30% that necessarily would result in greater safety risks, or other impacts, than on slopes less than 30% because slope stability is a factor of the soil, geologic parent material and watershed characteristics, as well as the slope of the land. There would be substantial grading and development in some areas that currently exceed 10% slope, but for this reason, policies S-10 and S-11 would require that these areas be placed in a Hazardous Overlay and Protection Zone requiring geotechnical investigations to ensure structures meet appropriate engineering standards to avoid safety impacts from seismic events or soil movement. Pursuant to General Plan Policy CO-31 all future development within the Planning Area will be subject to the Grading and Drainage regulations in that policy, the Municipal Code grading ordinance, and the California Building Code. Based on this, geologic impacts of future development would to a large extent be mitigated through existing General Plan policies. SPANISH SPRINGS SPECIFIC PLAN GRADING AND DEVELOPMENT ACTIVITIES Preliminary geotechnical investigations indicate that there are no geological or soil constraints that would preclude the ability to implement the grading and development proposed to occur as part of the SSSP. Soils within the SSSP are non-expansive based on USDA soil maps. Bedrock formations on the Loughead Ranch property indicate that naturally occurring asbestos, which poses a health hazard if released into the air during grading and excavation, is not likely to be present. Due to the similarities of this land and geology to the Spanish Springs and Godfrey properties, it is not anticipated that natural asbestos will create a significant impact during construction earthwork operations in the SSSP area. However, based on information in the Safety Element of the General Plan and geologic investigations, it is known that soils in the Pismo Creek floodplain are alluvial deposits with a potential for liquefaction, subsidence and expansive characteristics. It is also known from the Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-A Geology and Soils. Page IV-A4

5 Safety Element and preliminary geotechnical evaluations that the underlying geology and slopes have some potential for landslide and movement in a seismic event. Soils information presented in section IV.B Agricultural Resources suggests that some of the upland areas of the site have highly erosive soils. Impact GEO-1 Development of the flat alluvial soils along Pismo Creek may be subject to liquefaction and subsidence and may have expansive characteristics, a potentially significant impact posing a risk to life and property. Impact GEO-2 The SSSP area, like the region in general, is subject to seismic activity that could pose a risk to life and property, a potentially significant impact. Mitigation measure GEO-1 as discussed below would address these impacts. Potential Cumulative Impacts Geologic and soils impacts are typically site-specific and as such do not typically have cumulative effects. The Planning Area is part of the Pismo Creek watershed that extends east to Edna and the Santa Lucia range. Historically, development and agricultural activities have contributed to erosion and siltation of Pismo Creek. Siltation increases stream water turbidity, which has an adverse effect on aquatic species. The watershed contains about 77% agricultural lands and 23% urban lands. 3 Thus the project could contribute to cumulative impacts on waterways resulting form soil erosion. The topic of impacts to water quality due to stormwater runoff is discussed in detail in section IV.D- Drainage, Flooding and Water Quality. 4. Mitigation Measures to Avoid or Reduce Environmental Impacts General Plan-Level Policies In general terms, existing policies S-10 and S-11 provide the regulatory framework to mitigate impacts resulting form seismic events and soil / geologic instability. However additional projectlevel measures are required to mitigate potential impacts. Project- Level Measures Mitigation Measure GEO-1: To mitigate impacts identified in impacts GEO-1 and GEO-2 and to be consistent with General Plan Policy S-11, future development within the Specific Plan area will be subject to precise geotechnical engineering investigations that will form the geotechnical basis for the final design of streets, pads, slopes, and other development activities. As a minimum, future geotechnical engineering investigations would typically address the following items, and provide appropriate recommendations as necessary: Expansive soils, Settlement potential, 3 Pismo Creek / Edna Valley Watershed Management Plan, November, 2008 Central Coast Salmon Enhancement. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-A Geology and Soils. Page IV-A5

6 Grading and compaction of soil in road and building areas, Maximum angle of cut and fill slopes, Assessment of the need for drains in fills, Setbacks of structures or other improvements from slope, Foundation design, Erosion control. Mitigation Implementation / Monitoring 1) Performance Standard: The final architectural, wall plans, and street designs shall comply with the final project soils and geotechnical reports signed and stamped by a registered geotechnical engineer. 2) Contingency Measure: The Engineer of record or City Building Official may impose other requirements based on field conditions. 3) Implementation Responsibility: City Public Works Dept. for final street designs and Building Dept. for development plans and construction. 4) Implementation Schedule: Final plan development and prior to and during construction. 5) Monitoring Method: City Engineer shall review public improvement plans and Building Official shall review construction plans and both shall field verify. Level of Impact Significance after Implementation of Mitigation Measures With the implementation of the above policies and mitigation measures, impacts related to geology and soils would be considered less than significant. 5. List of Abbreviated Terms LIST OF ABBREVIATED TERMS Abbreviation BMPs CEQA CWA EPA GPD EIR NPDES SSSP RWQCB SWMP SWPPP SWRCB SQFT Term Best Management Practices California Environmental Quality Act Clean Water Act Environmental Protection Agency Gallons Per Day Master Environmental Impact Report National Pollution Discharge Elimination Spanish Springs Specific Plan Regional Water Quality Control Board Storm Water Management Program Stormwater Pollution Prevention Plan California State Water Resources Control Board Square Feet Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-A Geology and Soils. Page IV-A6

7 B. AGRICULTURAL RESOURCES 1. Environmental Issue The technical work for this section was prepared by Sage Associates under contract to Firma, with Orrin Sage Ph.D. as the principal investigator. The evaluation utilizes the California Agricultural Land Evaluation and Site Assessment (LESA) analysis. The complete LESA analysis is contained in the Sage report in the separate Technical Appendix. The purpose of the LESA analysis was to determine the significance of the agricultural resources within the entirety of the properties proposed at that time for inclusion within Planning Area R (the 436-acre North Ranch, the 489-acre Spanish Springs South Ranch, the 255-acre Godfrey property, the 182-acre Loughead property, the 258-acre Big Bird property, and the 10- acre Wilde property). A cumulative LESA analysis was also undertaken for the 1,701 acres of the six properties combined. An updated project-specific LESA analysis was prepared in 2011 for only the Spanish Springs, Loughead and Godfrey properties comprising the SSSP. The LESA model is designed to evaluate individual properties to arrive at a significance score. When these are aggregated, as is the case for the entire Planning Area, the LESA model terms this a cumulative analysis. A discussion of the LESA analysis conclusions, and the potential impacts and feasible mitigation measures as related to agricultural resources is also included. The LESA methodology was developed in 1997 by the California Department of Conservation to assess the significance of a property s agricultural resources. This approach allows for an accounting of the significance of high quality agricultural land as well as lesser quality agricultural lands, which by virtue of their large area can be considered significant agricultural resources. 1 A field site assessment was conducted on October 2, Access was not available on the Big Bird property. The analysis incorporates vineyard suitability evaluations provided by King Ventures for the Spanish Springs property. 2 NOP COMMENTS The San Luis Obispo Department of Agriculture commented on the Notice of Preparation for this EIR. The comment letter requested that the EIR: Disclose the land use capabilities of all Planning Area soils (addressed in section IV.B Agricultural Resources), Address the effects of groundwater extractions upon agricultural lands (addressed in section V.A Groundwater Resources), Evaluate the potential for growth inducing effects and disincentives to farm (addressed in section IV.B Agricultural Resources and V.F Growth Inducing Effects), 1 California Department of Conservation, 1997, California Agricultural Land evaluation and Site Assessment Model Instruction Manual: Sacramento, California. 2 AgQuest Consulting, Inc., 1999, Preliminary Study For Vineyard Development Price Canyon Property: Fresno, California. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-B Agricultural Resources. PageIV-B1

8 Evaluate the viability of resulting Agricultural zone parcels in terms of underlying soils and water (addressed in section IV.B Agricultural Resources), Discuss consistency with County Agricultural policies (addressed in sections IV.B Agricultural Resources and V.F Growth Inducing Effects), Discuss a reasonable range of alternatives to the Proposed Project, including maintaining County designated agricultural lands in County jurisdiction (addressed in section VII Alternatives). 2. Environmental & Regulatory Setting Regulatory Setting The City of Pismo Beach General Plan does not contain explicit polices related to agricultural lands. The City does not currently have an Agricultural land use designation. As described in the Project Description and following, the City proposes to create Open Space-Agriculture land use designation and zoning category along with General Plan policies in the Land Use Element for the Price Canyon Planning Area. The Spanish Springs South Ranch, Big Bird and Loughead properties are identified in the Growth Management Element as future city expansion areas. The City Council on June 3, 2008 authorized inclusion of the Spanish Springs North Ranch and Godfrey properties for consideration for inclusion in the Sphere of Influence (SOI) and possible annexation. Subsequently, the North Ranch property was dropped from consideration for inclusion in the SOI. In October 2011, LAFCo included the Godfrey property into the City s Sphere of influence, but dropped North Ranch from further consideration. STATE POLICIES AND PRIME FARMLAND DEFINITIONS The State legislature s adoption of the Cortese-Knox-Hertzberg Local Government Organization Act of 2000 reiterated a long-standing commitment to protecting the State s important agricultural resources. As explained in the San Luis Obispo Local Agency Formation Commission s policies: The Cortese-Knox-Hertzberg Act strongly encourages the preservation of prime agricultural land. LAFCO s mission is to discourage urban sprawl, preserve open space and prime agricultural lands, promote the efficient provision of government services and encourage the orderly formation of local agencies. In general terms, San Luis Obispo LAFCO s current policy base discourages premature conversion of agricultural lands, guides development away from existing agricultural lands and encourages the development of existing vacant lands within city boundaries prior to conversion of additional agricultural lands. The CKH Act clarified the many factors that LAFCOs must consider and balance in making decisions: The Legislature recognizes that the logical formation and determination of local agency boundaries is an important factor in promoting orderly development and in balancing that development with the sometimes competing state interests of discouraging urban sprawl, preserving open-space and prime agriculture lands, and efficiently extending government services. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-B Agricultural Resources. PageIV-B2

9 The Cortese-Knox-Hertzberg Act further describes the intent of the legislation with regard to agricultural resources in Government Code section 56377, which states: In reviewing and approving or disapproving proposals which could reasonably be expected to induce, facilitate, or lead to the conversion of existing open-space lands to uses other than open-space uses, the commission shall consider all of the following policies and priorities: (a) Development or use of land for other than open-space uses shall be guided away from existing prime agricultural lands in open-space use toward areas containing nonprime agricultural lands, unless that action would not promote the planned, orderly, efficient development of an area. (b) Development of existing vacant or nonprime agricultural lands for urban uses within the existing jurisdiction of a local agency or within the Sphere of Influence of a local agency should be encouraged before any proposal is approved which would allow for or lead to the development of existing open-space lands for non-open-space uses which are outside of the existing jurisdiction of the local agency or outside of the existing Sphere of Influence of the local agency. Government Code Section has been used by LAFCOs as the basis for developing more specific policies that address local circumstances and conditions. The Cortese-Knox-Hertzberg Act has a definition for agricultural land and prime agricultural lands: "Agricultural lands" means land currently used for the purpose of producing an agricultural commodity for commercial purposes, land left fallow under a crop rotational program, or land enrolled in an agricultural subsidy or set-aside program "Prime agricultural land" means an area of land, whether a single parcel or contiguous parcels, that has not been developed for a use other than an agricultural use and that meets any of the following qualifications: (a) Land that qualifies, if irrigated, for rating as class 1 or class 2 in the USDA Natural Resources Conservation Service land capability classification, whether or not land is actually irrigated, provided that irrigation is feasible. (b) Land that qualifies for rating Grade One (excellent) California Revised Storie Index Rating. (c) Land that supports livestock used for the production of food and fiber and that has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States Department of Agriculture in the National Handbook on Range and Related Grazing Lands, July 1967, developed pursuant to Public Law 46, December (d) Land planted with fruit or nut-bearing trees, vines, bushes, or crops that have a nonbearing period of less than five years and that will return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than four hundred dollars ($400) per acre. (e) Land that has returned from the production of unprocessed agricultural plant products an annual gross value of not less than four hundred dollars ($400) per acre for three of Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-B Agricultural Resources. PageIV-B3

10 the previous five calendar years. FARMLANDS OF STATEWIDE OR LOCAL IMPORTANCE In addition to the Cortese-Knox-Hertzberg definition of prime agricultural land, the California Department of Conservation maintains a Farmland Mapping and Monitoring Program (FMMP) to provide consistent and impartial data to decision makers for use in assessing present status, reviewing trends, and planning for the future of California's agricultural land resources. FMMP produces Important Farmland Maps, which are a hybrid of resource quality (soils) and land use information. The Farmland Mapping and Monitoring Program produces maps and statistical data used for analyzing impacts on California s agricultural resources. Agricultural land is rated according to soil quality and irrigation status; the best quality land is called Prime Farmland (see CDC definition above). The maps are updated every two years with the use of aerial photographs, a computer mapping system, public review, and field reconnaissance. Important Farmland Maps show the relationship between the quality of soils for agricultural production and the land's use for agricultural, urban, or other purposes. A biennial map update cycle and notation system employed by FMMP captures conversion to urban land while accommodating rotational cycles in agricultural use. The Map includes the following categories applicable to this analysis: Farmland of Statewide Importance (S) Farmland similar to Prime Farmland but with minor shortcomings, such as greater slopes or less ability to store soil moisture. Land must have been used for irrigated agricultural production at some time during the four years prior to the mapping date. Unique Farmland (U) Farmland of lesser quality soils used for the production of the state's leading agricultural crops. This land is usually irrigated, but may include nonirrigated orchards or vineyards as found in some climatic zones in California. Land must have been cropped at some time during the four years prior to the mapping date. Farmland of Local Importance (L) Land of importance to the local agricultural economy as determined by each county's board of supervisors and a local advisory committee. Lands that do not rise to the level of Local Importance are designated Lands of Local Potential. LAFCO POLICIES FOR ANNEXATION PROPOSALS WITH AGRICULTURAL LANDS Local Agency Formation Commissions within each county are responsible for implementing the Cortese-Knox-Hertzberg Act, including the provisions relating to prime agricultural farmland. The following policies are used by San Luis Obispo LAFCO when considering a proposal that would involve agricultural resources: Policy 1. Vacant land within urban areas should be developed before agricultural land is annexed Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-B Agricultural Resources. PageIV-B4

11 for non-agricultural purposes. Policy 2. Land substantially surrounded by existing jurisdictional boundaries should be annexed before other lands. Policy 3. In general, urban development should be discouraged in agricultural areas. For example, agricultural land should not be annexed for nonagricultural purposes when feasible alternatives exist. Large lot rural development that places pressure on a jurisdiction to provide services and causes agricultural areas to be infeasible for farming should be discouraged. Policy 4. The Memorandum of Agreement between the City and County should be used and amended as needed to address the impacts on and conversion of Agricultural Lands on the fringe of a City. Policy 5. The continued productivity and sustainability of agricultural lands surrounding existing communities should be promoted by preventing the premature conversion of agricultural land to other uses and, to the extent feasible, minimizing conflicts between agricultural and other land uses. Buffers should be established to promote this policy. Policy 6. Development near agricultural land should not adversely affect the sustainability or constrain the lawful, responsible practices of the agricultural operations. Policy 7. In considering the completeness and appropriateness of any proposal, the Executive Officer and this Commission may require proponents and other interested parties to provide such information and analysis as, in their judgment, will assist in an informed and reasoned evaluation of the proposal in accordance with these policies. Policy 8. No change of organization, as defined by Government Code 56021, shall be approved unless it is consistent with the Spheres of Influence of all affected agencies Policy 9. Where feasible, and consistent with LAFCO policies, non-prime land should be annexed before prime land. Policy 10. The Commission will consider feasible mitigation (found in the following guidelines) if a proposal would result in the loss of agricultural land. Policy 11. The Commission encourages local agencies to adopt policies that result in efficient, coterminous and logical growth patterns within their General Plan and Sphere of Influence areas and that encourage protection of prime agricultural land in a manner that is consistent with this Policy. Policy 12. The Commission shall approve annexations of prime agricultural land only if mitigation that equates to a substitution ratio of at least 1:1 for the prime land annexed is agreed to by the applicant (proponent), the jurisdiction with land use authority. The 1:1 substitution ratio may be met by implementing various measures: a. Acquisition and dedication of farmland, development rights, and/or agricultural conservation easements to permanently protect farmlands with similar characteristics within the County Planning Area. b. Payment of in-lieu fees to an established, qualified, mitigation/conservation program or organization sufficient to fully fund the acquisition and dedication activities stated above in 12a. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-B Agricultural Resources. PageIV-B5

12 c. Other measures agreed to by the applicant and the land use jurisdiction that meet the intent of replacing prime agricultural land at a 1:1 ratio. Policy 13. Property owners of agricultural lands adjacent to a LAFCO proposal shall be notified when an application is submitted to LAFCO. In connection with its recent amendment of the City of Pismo Beach Sphere of Influence, the SLO LAFCO imposed a condition of approval on any future annexation of land within the City s SOI that would require annexation of prime land to be consistent with LAFCO policy 12 and that the City identify lands designated for agriculture in the Specific Plan for the annexation area. Environmental Setting The Planning Area is currently under the jurisdiction of San Luis Obispo County, but would be within the City and subject to its policies if development were to occur under the Proposed Project. In addition, as shown on Map I.3, the Mankins Ranch that is located southeast of the Godfrey and Loughead Ranch properties and the properties northwest of the Planning Area across Price Canyon Road comprised of the Spanish Springs North Ranch, the Teixeira and Guidetti parcels (APN & 014), are designated Agriculture, and the Guidetti parcel is in a Williamson Act contract. (Map IV-B.1 LCA Lands). Lands in the City adjoining the Planning Area have residential, industrial (PG&E yard) and public park uses. Adjacent land uses within the unincorporated County include rangeland and open space, and rural residential dwellings with ancillary horsekeeping and small-scale agriculture. The Mankins Ranch also has some areas planted in orchard crops. The PXP oil field operations are adjacent to part of the north side of Spanish Springs. Existing urban uses within the City of Pismo Beach are adjacent to portions of the Loughead and Big Bird properties within the southern end of the Planning Area. The Planning Area s agricultural and soil characteristics are shown on Table IV-B.1 Soil Agricultural Characteristics and the Map IV-B.2 Soils Survey Map. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-B Agricultural Resources. PageIV-B6

13 "-' Highways ~ Major Lakes Urban Areas ~ Land in NonRenewal ~ Land in Agricultural Preserve ~ Land in Williamson Act Contract Price Canyon Planning Area North LeA Lands o 0.5 Scale

14 Legend: D Farmland of Local Potential 139 Elder 2-9% 111 Camarillo 102 Amold Prime Farmland 135 Elder Source: NRCS, Soil Survey of San Luis Obispo County, Central Coast Portion Price Canyon Planning Area EIR Prime & Important Agricultural Soils n... ri O'. 00' IlOO' 1200' Scale

15 Table IV B.1 Soil Agricultural Characteristics MAP SOIL NAME TEXTURE USDA CAPABILITY SOIL EROSION PRIME SOIL SOIL IRRIGATED REGIONAL SITE IMPORTANT SYM. AVERAGE CLASS ACRES HAZARD! OR LIMITATIONS ADJACENT or AGRICULTURAL AG FARMLANDS SLOPE Irrigated! TOTAL SURFACE NONPRIME TO LAND NON USAGE USAGE MAPPING % Non lrrigated SS,G, RUNOFF SOILS FARMING USES IRRIGATED PER PROGRAM and STORIE L, BB,W Irrigated (USDA) SOIL TYPE SOIUMAP LANDFORM INDEX or DESIGNATION Non Irrigated 102 Arnold loamy sand 5to 15% IVe-4 34 acres high! Nonprime drainage, grazing no crops, range grazing Statewide Imp.! foothills 58 medium erosion Local Potential 109 Briones-Pismo loamy sand 9 to 30% VI e 215 acres high! Nonprime drainage, grapes, grazing, no range, grapes grapes, Grazing foothills 33 rapid erosion oil, rural resid. grazing 110 Briones-Tierra loamy sand 15 to 50% Vile 54 acres high! Nonprime erosion grazing no range, beans grazing Grazing complex foothills 27 rapid 135 Elder sandy loam 2 to 5% II e-1, III e-1 67 acres slighu Primeirr. Or flooding grapes, grazing no crops, range grazing Prime!Local floodplain 90 slow nonirrigated rail road Potential 142 Gaviota fine sandy 15 to 50% Vile 153 acres high! Nonprime erosion grazing, rural no range grazing Grazing loam foothills 15 rapid residential 156 Lopez very shaly 30 to 75% Vile 116 acres high! Nonprime erosion. slope grazing no range grazing Grazing clay loam mountains 7 rapid 189 Pismo loamy sand 9 to 30% Vile 131 acres high! Nonprime erosion grazing, grapes, no range, grapes grazing Grazing foothills 23 rapid rural resid. 193 Psamments and sands- loamy Ot02% V l w 38 acres slighu Nonprime flooding grazing, no range, habitat grazing, Grazing Fluvents wet sands drainages 8 to 10 slow floodplain habitat 203 Santa Lucia shaly clay 30 to 50% VI e 105 acres high! Nonprime erosion grazing, no range grazing Grazing loam mountains 19 rapid residential Sources: U. S. Department of Agriculture Soil Survey of San Luis Obispo County, California Coastal Part, 1984; California Department of Conservation Soil Candidate Listing for Prime Farmland and Farmland of Statewide Importance, 1989 and Map, 2002; SAGE Associated field asses, SS - Spanish Springs, G - Godfrey, L - Loughead, BB - Big Bird, W - Wilde Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-B Agricultural Resources. IV-B9

16 SOIL CHARACTERISTICS SUMMARY Table IV-B.1 displays summaries of the soil agricultural characteristics for each soil type that is found on each of the properties within proposed Planning Area R. The Soils Survey Map (USDA, 1984) shows the soil types for each of the properties. For this analysis, soil series and soil type will be used interchangeably. The properties contain nine Soil Series (soil types) with Spanish Springs having eight Soil Series, Godfrey having six Soil Series, Loughead with three Soil Series, Big Bird having seven Soil Series, and Wilde having two Soil Series. [Make sure North Ranch is not included.] The individual columns in Table IV-B.1 include the following: Column 1: Includes the soil map symbol per USDA designation as taken from the USDA Soil Survey Map, The 135 soil, Elder sandy loam will be used as an example in the following explanatory discussions. Column 2: Includes the soil name. Our example is named Elder. Column 3: Describes the soil s textural characteristics. The Elder soil has a sandy loam texture. Column 4: Lists the soils average slope in percent as taken from the USDA soil survey. Also included is the landform such as a terrace. The Elder soil has a two to five percent average slope and is found along floodplains of Pismo Creek. Column 5: Includes the Land Capability Class for land that is irrigated or not irrigated and the soil s Storie Index regardless of irrigation. Capability Subclass designations such as e, c, s, or w suggest soil limitations due to erosion, climate, depth, or wetness, respectively. Capability Classes provide insight into the limitations of a soil for field crop uses based on factors that include texture, erosion, wetness, permeability, and fertility with Classes ranging from 1 to 8. Storie Index Ratings evaluate the agricultural suitability of a soil for intensive farming based on the soil depth, texture, density, drainage, alkali content and relief with Ratings ranging from 1 to 100. Together the Capability Class and Storie Index can be used to help evaluate the soil suitability for agriculture. Prime (when irrigated) agricultural soils, by USDA definition, are those that have either a Capability Class 1 or 2 designation or a Revised California Storie Index Rating of Grade One regardless of irrigation. These soils would have fewest limitations for farming. Capability Class 3 and 4 soils have increasing slope, texture and erosion limitations but most areas are suitable for crop production. Capability Class 5 soils are not found on the properties. Capability Class 6-7 soils are more poorly suited for farming and may have slope, erosion, shallow soil, low water capacity and tree canopy and brushland as limitations. Capability Class 8 soils are limited to watershed and wildlife uses because of steep slopes, dense vegetation, urban uses, and stream courses. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-B Agricultural Resources. PageIV-B10

17 The Elder soil has a Capability Classification of 2-e, if irrigated, which would be a prime soil, and 3-e if not irrigated which would be a non-prime soil. This soil is found along the Pismo Creek floodplain and was not irrigated or farmed and was used for cattle grazing at the time of the field assessment so the soil is considered to be Capability Class 3 non-prime by USDA definition. Column 6: Soil acres for each of the soil types on the properties. The Elder soil comprises 75 acres. Column 7: Includes the soil erosion hazard and surface runoff limitations. The Elder soil has a slight erosion hazard and a slow surface runoff. Column 8: Prime or nonprime based on Capability Class and Storie Index. For example, a soil may have a nonirrigated Capability Class of 3 but a Storie Index of anywhere from 80 to 100 that would make the soil prime. For example, the Elder soil based on a Storie Index of 90 would be considered a prime soil regardless of irrigation. Column 9: Includes soil limitations to farming as listed by the USDA such as flooding, drainage, slope, and erosion. The Elder soil has a slight flooding limitation. Column 10: Includes land uses adjacent to the various soil types as taken from the orthophoto map. Uses can include oil field, railroad, urban, crops, and grazing. The Elder soil is bisected by the Union Pacific Railroad and has grazing and winegrapes adjacent. Column 11: Summarizes whether the soils are irrigated or non-irrigated. The Elder soil is nonirrigated rangeland. Column 12: Includes the regional agricultural usage per soil type as taken from the USDA soil survey and includes rangeland, cropland, and watershed/habitat. The Elder soil is used regionally for crops and rangeland. Column 13: Includes the agricultural usage on-site for each of the properties including grazing on all properties except Wilde, and grazing Spanish Springs South Ranch. The Elder soil is used for grazing. Column 14: The last column of the tables lists the Important Farmlands Mapping Program Designations for the soils types on the properties. The Elder soil is considered as a Prime soil, irrigated or not, and as Farmland of Local Potential if not irrigated. Farmland of Local Potential is defined by the California Department of Conservation (2002) as lands having the potential for farmland, which have Prime or Statewide characteristics and are not cultivated. To qualify as Prime Farmland or as Farmland of Statewide Importance the land must have been used for irrigated agricultural production at some time during the four years prior to the mapping date. 3 3 California Department of Conservation, 1989, Soil Candidate Listing for Prime Farmland and Farmland of Statewide Importance. California Department of Conservation, 2002, Important Farmlands Map for San Luis Obispo County. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-B Agricultural Resources. PageIV-B11

18 3. Impact Analysis Environmental Impact Significance Criteria In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as model to use in assessing impacts on agriculture and farmland. That is the method used in this EIR. The California Agricultural Land Evaluation and Site Assessment Model was developed in 1997 and allows for an accounting of the significance of high quality agricultural land as well as lesser quality agricultural lands, which by virtue of their large area can be considered significant agricultural resources. The LESA methodology is commonly used to determine the significance of the conversion of agricultural land to urban use as part of CEQA evaluations. The California Agricultural LESA Model is composed of six different factors. Two Land evaluation factors are based upon measures of soil resource quality that includes the Land Capability Classification and Storie Index of a soil. Four Site Assessment factors provide measures of a given area s size, water resource availability, surrounding agricultural lands, and surrounding protected resource lands. For a given area, each of these factors is separately rated on a 100-point scale. The factors are then weighted relative to one another and combined, resulting in a single numeric score for a given area, with a maximum attainable score of 100 points. It is the total score that becomes the basis for making a determination of a property s potential significance for agricultural use. If it scores less than 40 points, or if one of the two major categories (Land Evaluation or Site Assessment) scores less than 20 points, this is considered a less than significant resource. The Proposed Project would have a significant impact on agricultural resources if it would potentially: Convert Prime agricultural land to other use as defined by the Cortese Knox Hertzberg Act: "Prime agricultural land" means an area of land, whether a single parcel or contiguous parcels, that has not been developed for a use other than an agricultural use and that meets any of the following qualifications: (a) Land that qualifies, if irrigated, for rating as class 1 or class 2 in the USDA Natural Resources Conservation Service land capability classification, whether or not land is actually irrigated, provided that irrigation is feasible. (b) Land that qualifies for rating Grade One (excellent) California Revised Storie Index Rating. (c) Land that supports livestock used for the production of food and fiber and that has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States Department of Agriculture in the National Handbook on Range and Related Grazing Lands, July 1967, developed pursuant to Public Law 46, December (d) Land planted with fruit or nut-bearing trees, vines, bushes, or crops that have Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-B Agricultural Resources. PageIV-B12

19 a nonbearing period of less than five years and that will return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than four hundred dollars ($400) per acre. (e) Land that has returned from the production of unprocessed agricultural plant products an annual gross value of not less than four hundred dollars ($400) per acre for three of the previous five calendar years, or, Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as defined and shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use, or, Convert an agricultural property determined to be a significant agricultural resource based on the LESA model to a non-agricultural use, or, Proposes uses which, due to their location or nature, could result in conversion of adjacent farmland to non-agricultural use or conflict with existing or future adjacent agricultural activities. Analysis of Project Impacts GENERAL PLAN UPDATE AND ITS RELATIONSHIP TO CONVERSION OF EXISTING RANGELAND Historically, much of the Planning Area has been used as rangeland. The historic cattle grazing operations on Planning Area include, 100 acres with 75 head on the South Ranch and 150 acres with 100 head on the Godfrey parcel 4. Figures for Big Bird are not available. Future development under the proposed Specific Plan would not continue cattle grazing in the long term. The proposed General Plan Update envisions that, over time, the existing uses of portions of the Planning Area as rangeland for cattle would likely cease altogether. Development under the Specific Plan would be consistent with this concept. However, the General Plan Update also includes policies requiring preservation of land within the Planning Area containing prime agricultural soils (potential limited impacts would be allowed in connection with completion of an Inland Arterial and a regional trail along Pismo Creek), and the proposed policies would allow for (though not require) irrigated agricultural operations within the Planning Area, where none exist currently. While there is no General Plan Agriculture Land Use category being proposed (as the entire Planning Area is proposed to be designated Specific Plan in recognition that no development is permitted unless it is part of an approved Specific Plan), agricultural designations within Planning Area Specific Plans will be required for land containing Prime soils or specifically contemplated for agricultural use. The proposed General Plan Update also contains proposed preserving prime soils, setting aside viable agricultural lands in appropriate open space easements, establishing appropriate setbacks from agricultural activities, and establishing a land use designation for agricultural activities: Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-B Agricultural Resources. PageIV-B13

20 LU-R-5. Land Use Designation for Agricultural Activities. An Open Space-Agriculture land use category shall be created on prime soils along the Pismo Creek alluvial plain and areas planned for vineyards and other crops. The Open Space-Agriculture lands in combination with other contiguous open space lands should be configured to create an Open Space / Agricultural land use buffer between developed parts of the Planning Area and the rural lands in the County to the north of the Planning Area. LU-R-6. Agriculture Preservation and Viability. Specific Plans shall promote the longterm viability of existing and potential agricultural uses within and around Planning Area R by: a. Establishing appropriate setbacks and buffers between areas designated for agricultural uses in the Planning Area, and residential and visitor serving land uses. b. Placing an open space easement over all areas containing prime soils designated for agricultural uses. Impact AG-1: The future annexation into the City of Pismo Beach and development in areas containing non-prime soil within the Planning Area is an adverse but less than significant impact on agricultural resources based on 1) LESA determination that the Planning Area is not an agriculturally significant resource area, 2) Permanent preservation of those areas within the Planning Area that contain prime agricultural soils, and 3) A requirement that Specific Plans within the Planning Area contain appropriate setbacks and buffers between agricultural and non-agricultural uses. LESA EVALUATION The California Agricultural Land Evaluation and Site Assessment (LESA) Model for the individual Planning Area properties, as well as a cumulative analysis for all properties, resulted in the following conclusions presented in Table IV-B.3: TABLE IV-B.3 LESA IMPACT SIGNIFICANCE FOR SSSP Property Acres Total Score Land Evaluation Site Assessment Significant? Spanish Springs No Godfrey No Loughead No Combined No Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-B Agricultural Resources. PageIV-B14

21 TABLE IV-B.4 LESA SIGNIFICANCE FOR PLANNING AREA R (CUMULATIVE) Property Acres Total Score Land Evaluation Site Assessment Significant? Spanish Springs No Godfrey No Loughead No Big Bird No Wilde No Cumulative 1, No Based on the LESA analysis, none of the individual properties, nor the cumulative analysis of all the properties, are a significant agricultural resource, due in large part to the predominance of steep wooded, riparian and grazing lands. Therefore, conversion of the Planning Area properties does not meet the LESA threshold for a significant impact. Although the LESA model takes into account a comprehensive range of factors, it is designed for preliminary screening purposes to determine the focus of impact analysis. As a result, there are a number of other considerations that provide adjustments to these conclusions: Potential prime agricultural land uses could occur on portions of the Briones/Pismo-109, Elder-135, 139, Lopez 155, 156, and Pismo 189 soils for crops such as wine grapes depending on irrigation water availability. AgQuest Consulting, Inc. (1999) prepared a preliminary study for vineyard development of the Spanish Springs property. Based on their conclusions the proposed vineyard site has excellent soil qualities for the development of a wine grape vineyard. Potential vineyard areas include acreages in Soil Series 109, 135, 139, 155, and 189. These soils are found on all of the properties. The prime soil of the Elder / 135 series on Spanish Springs, the Elder / 139 series on Spanish Springs, and the Camarillo / 111 series on Big Bird are the most significant agricultural resources in the Planning Area. The Elder / 135 soil is considered to be a prime soil regardless of irrigation due to a Storie Index of 90 (Grade One). Conversion of the Elder / 135 soil conversion would be considered significant based on the LAFCO and Farmland Mapping and Monitoring Program criteria. The Elder /139 and Camarillo /111 soils would only be considered prime soils if irrigated. Currently they are Farmlands of Local Potential. Therefore, conversion would not be significant under any of the significance criteria. The 102 Arnold soil on Godfrey is considered Farmland of Local Potential and conversion would not be significant under any of the significance criteria. Portions of the 109, 155, and 189 soils may be considered prime soils if planted in winegrapes or another high-income crop. Potentially feasible vineyard areas include acreages in Soil Series 109, 135, 139, 155, and 189. All other soil areas are not irrigated and irrigation may not be feasible. Based on the LESA analysis the conversion of rangeland within the Planning Area would be a less than significant impact because the overall property unit was not found to be a significant resource. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-B Agricultural Resources. PageIV-B15

22 The LESA analytical tool is designed to evaluate entire properties, not segments of single ownership properties, therefore the presence of proportionately small areas of prime soils does not surmount the lower agricultural potential of the larger area, and the net score remains at a less than significant level. The implications of this are that while much of the Planning Area may be suitable for conversion to non-agricultural uses under the LESA and FMMP criteria, the prime soils and vineyards should be conserved with adequate protections to ensure long-term viability to avoid a significant impact under CKH Act significance criteria. Of the approximately 63 acres of Lands of Local Importance in the Planning Area, 34 acres on the Godfrey property are designated for future development. Table IV-B.4 shows the actual farmable prime soils within the SSSP area as 62.5 acres after subtracting areas that have existing riparian areas, roads and the UPRR property from the NRCS mapped soils. Table IV-B.4 Farmable Prime Soils in the SSSP Area Property NRCS Total Unfarmable Total Farmable Prime Spanish Springs 65 acres 2.5 acres 62.5 acres Price Cyn Road 1 acre 1 acre 0 acres UPRR 23 acres 23 acres 5 0 acres Total 73.5 acres Spanish Springs Specific Plan Impacts SPECIFIC PLAN INCLUDES AN OPEN SPACE-AGRICULTURE ZONE The proposed Spanish Springs Specific Plan would create a new Open Space-Agriculture land use designation that would apply to both the Prime agricultural soils along the Pismo Creek floodplain as well areas within the Specific Plan that are proposed to be planted with irrigated vineyards or orchards. These Open Space-Agriculture areas would adjoin proposed private, recreation and conservation Open Space, Visitor-serving Commercial and Residential land uses within the Specific Plan as shown on Map I-4. These agricultural lands within the Specific Plan would also be adjacent to County-designated Residential Suburban and Rural Land lands. Allowable uses and setback standards proposed for this land use category are shown in Tables IV-B.5 and IV-B.6 below. 5 Some land within the unused UPRR right of way is not fenced and could be farmed, however any farming use could be halted by the landowner, UPRR. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-B Agricultural Resources. PageIV-B16

23 Table IV-B.5 Permitted Uses in the Open Space-Agriculture Zoning Categories Land Use District Open Space Agriculture Prime Soils Zones (OS- AG-P) Open Space Agriculture Secondary Zones (OS- AG-S) Permitted Uses Vineyards, Orchards, Crops. Road and utility corridor extensions. Vineyards, Orchards, Crops. Road and utility corridor extensions. AG maintenance & management buildings and yards. Visitor s Center (up to 2.5 acres in area, located north of Inland Arterial and Price Canyon Road intersection). AG labor housing (location to be determined by Use Permit). Trails, parks and ancillary support facilities. Development of farm worker housing is potentially allowed in the non-prime soils OS-AG-S zone through a Conditional Use Permit, if granted by the City. At this time, no farmworker housing is proposed in the SSSP. Should farm worker housing be proposed in the future, it will be required to be analyzed for potential impacts under CEQA as part of the CUP process. Because the effect is unknown at this time and the proposed use in ancillary to the agricultural land use the effect is adverse but less than significant. Impact AG-2: Potential impacts to non-prime soils in the OS-AG-S zone from farmworker housing that is not currently proposed, but is allowable under the Specific Plan, would be an adverse but less than significant impact. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-B Agricultural Resources. PageIV-B17

24 Table IV-B.6 Specific Plan Open Space and Agricultural Development Standards Open Space Uses No buildings are permitted within habitat corridors identified on SSSP Figure 9 Habitat corridors as noted on SSSP Figure 9 will range from 25 in width to 200 in width Minimize road and utility crossings of habitat corridors as shown on Figure 9 Open Space shall be privately owned and maintained Public trails within open space may include low voltage, low level safety lighting Defensible fuel management zones shall be maintained by the HOA Agricultural Uses Vineyard / Orchard Standards Maintain minimum 25 setbacks of vineyards/orchards to top of creek banks Maintain minimum 25 setbacks of vineyards/orchards to designated habitat areas of SSSP Figure 9* Maintain minimum 200 building setbacks to edge of vineyard/orchard plantings and 30 to grazing lands Ancillary Recreation and Use Standards Pedestrian and bike trails consistent with Figure 7 shall include thematic info signage Maintain 25 building setbacks to designated oak woodlands and habitat areas* Homeowners Association and/or Private Owners Compliance with this standard will be reviewed with each subdivision application and determined at the time of approval of a Final Tract Map with appropriate private covenants detailing hierarchy of maintenance and management of Open Space For vines that are installed as ornamental landscaping, setback standards may be relaxed as approved by the Planning Director. Homeowners Association POTENTIAL LAND USE CONFLICTS RELATED TO FARMING ADJACENT TO NON-FARMING USES The City of Pismo Beach does not have existing specific polices related to the issue of agricultural setbacks. Current zoning has allowed residence to adjoin agricultural land outside the City with standard 30-foot rear yard setbacks. The proposed SSSP proposes 200 feet for setbacks from structures to proposed vineyards and orchards within the Specific Plan, and 30 feet adjoining existing grazing land. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-B Agricultural Resources. PageIV-B18

25 The locations of potential land use conflict areas requiring consideration for setbacks and buffers between agricultural land and other uses are shown on Map IV-B.3 Impacts to Agricultural Resources. The Mankins Ranch lies to the east of an area within the SSSP proposed for future singlefamily residential uses and senior housing on the Loughead property along about 2,600 feet of boundary. An approximately 10-acre area of the Mankins Ranch is separated from the open grassland to the southeast by a steep wooded ravine and hillside, making access difficult. As such, it is questionable if this area is feasible for more intense agriculture such as vineyards. In this case, this current grazing land presents a lower potential for conflicts with planned residential use than more intensive agriculture, and the proposed 30-foot setback would result in less than significant impacts. Further south along this boundary the ravine is not present and open grassland that could be developed as vineyard occurs adjoining the senior housing site on Loughead Ranch. Based on the lack of conflict arising from the existing neighboring residences being 30 feet from the grazing land, the SSSP proposed 30-foot setback appears reasonable and would not result in a significant impact. The proposed path along Pismo Creek is an amenity envisioned in both the County and City general plans running through the Price Canyon corridor. The path would be located in a buffer (setback) area 30 feet wide separating farming activities from the riparian corridor. Although potential exists for conflicts between users and farming operations, it is not likely that these would be un-resolvable and lead to a disincentive to farm, impacting agricultural resources. The SSSP generally mirrors the policy agricultural setback policies of County of San Luis Obispo Department of Agriculture, which has developed buffer standards to be applied where agricultural land abuts new non-agricultural land uses. The purpose of the standards is to limit potential land use conflicts related to noise, dust, pesticide use and potential trespass For vineyards, or land that is suitable for vineyards, the buffer is generally a minimum of 200 feet. The policy is designed to avoid conflicts that might lead to a disincentive to continue farming, or result in limitations upon farming. The SSSP proposes a 200-foot setback between farming and residential use and the plan uses open space buffers to accomplish this setback. An exception is in the case of planned vineyard immediately adjacent to proposed visitor serving uses. However, any vineyards that are located closer than 200-feet of visitor serving facilities would likely be primarily for ornamental and aesthetic purposes and if maintained more as landscape features would not create any conflicts with more intensive agricultural activities farther from such facilities. Nevertheless, a land use conflict could result without the restriction as noted above, which could be a potentially significant impact. The County Department of Agriculture would have permit authority of pesticide application on the agricultural lands in the SSSP even after annexation to the City. The San Luis Obispo County Department of Agriculture regulates the use of pesticides within the County, primarily as the local enforcement agency of state laws and regulations under the auspices of California Department of Pesticide Regulations. The program includes the permitting and monitoring of pesticide and herbicide applications on agricultural lands. Both restricted and non-restricted chemicals are regulated and restricted chemicals are subject to permit conditions on a caseby-case basis. Permit restrictions have the force of law. Typically a restricted chemical is so designated due to hazards to the handler in concentrated form, and not due to special risks associated with the dilute applied to crops or soil. About 90% of the permitted chemicals are non-restricted. The Department applies setbacks for the use of restricted chemicals on agricultural land, not on surrounding non-farm land. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-B Agricultural Resources. PageIV-B19

26 Impact AG-5 Ag parcels No underlying water well,/,/ Impact AG-2 prime soils,/,/,/,/,/,/,/,/,/ < \ \ Impact AG-4 prime soils Mitigation measure AG-2 \ \ " Legend: Impact AG-1 Class 3 Conversion to urban uses. ImpactAG-2 Class 3 Farmworker housing on prime soils. ImpactAG-3 Class 2 Ag buffers. Impact AG-4 Class 2 Prime soils within proposed park. ImpactAG-5 ImpactAG-6 Class 3 Class 2 No underlying water well. Inland arterial over prime soils. \,mpact AG-7 Impact AG-7 Class 3 Cumulative impact to Mankins Ranch. Potential future agricultural use lot D Prime Agricultural Soils PRICE HISTORICAL PARK 10 Acres.~ North Price Canyon Planning Area EIR Summary of Key Impacts on Agricultural Resources ~ o 200' 400' 800' 1200' Scale

27 The regulatory framework for pesticide use requires that the applicator contain drift of pesticides and not create a health safety hazard, both on the agricultural land on which the pesticides are applied and on surrounding properties. The Department monitors permitted activity and responds to complaints on potential violations. Physicians who diagnose pesticide exposure are required to notify the County Health Department for referral to the Agricultural Commissioner for investigation. The City of Pismo Beach is not aware of any data available from the County that quantifies agricultural lands or activities that have been altered or abandoned due to complaints from adjoining non-agricultural land uses. Based on existing regulations, which farming operations must comply with, no significant impact is identified related to pesticide use in general. Impact AG-3: The juxtaposition of land designated for urban land uses next to planned agricultural activities in the SSSP, specifically the hotel uses, could result in land use conflicts that lead to disincentives to continue farming or diminish agricultural productivity, a significant impact on agricultural resources. Mitigation Measure AG-1 detailed in section 4) Mitigation Measures, following this section, would reduce this impact to less than significant. PRIME SOILS ON PROPOSED PARK AND TRAIL LAND Map IV-B.3 shows the location of approximately 4.86 acres of prime soil on the Spanish Springs Ranch where parkland (Open Space-Recreation land use) is proposed under the Specific Plan. 6 About 2.75 acres are on the west end adjoining the Wilde parcel, 0.86 acres is in narrow strip between the riparian creek area and Price Canyon Road, and about 1.25 acres is in a narrow strip (70 feet wide) between the railroad tracks and the creek. The 2.75 acres is proposed as a community garden in the SSSP, which would make the land available for crop production, however absent the protections called for prime soils in this EIR, this could be a significant impact. Under the CKH Act threshold criteria the conversion of the prime agricultural land to non-agricultural use, or designation allowing non-agricultural use, would be a significant impact on agricultural resources. The proposed Pismo Creek Path is shown traversing and bisecting prime soils as it enters the SSSP from the Big Bird property, where the path is not immediately adjacent to the riparian corridor. This would result in a loss direct loss of about 1.15 acres of prime soils, a significant impact. Impact AG-4: The proposed conversion of about 4.86 acres of prime soils to park use and loss of approximately 1.15 to development of the Pismo Creek Path is a significant, but mitigable, impact on agricultural resources. Mitigation Measure AG-2 detailed in section 4) Mitigation Measures, following this section, would reduce this impact to less than significant. PRIME SOILS ON PISMO CREEK TRAIL ADJOINING RIPARIAN HABITAT The SSSP proposes, and water quality regulations require, a setback of 30 feet for agricultural activities from the edge of riparian vegetation along Pismo Creek. The proposed creek path is 6 The AgQuest vineyard suitability study (1999) indicates this are has elevated boron levels. Boron is toxic to plants at high levels, however the study indicates soil amendments can reduce the activity of boron and the site is indicated as potential for grapes. The study does not indicate if the test sample is from prime or non prime areas of the site. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-B Agricultural Resources. PageIV-B21

28 proposed within that area. This land is non-farmable due to the setback requirement therefore the placement of the path in this location on prime soils is not a significant impact. AGRICULTURAL VIABILITY OF AGRICULTURAL PARCELS CREATED BY THE PROJECT Water demand for the agricultural components of the Specific Plan have been estimated based on a factor of 0.5 acre feet of water applied annually to an acre of planted land. This demand is derived from records of water use on nearby North Ranch vineyards, which total 126 acres at the time of preparation of the SSSP. Water use records since June of 2008 are discussed in section V-A Groundwater and show an average of 0.4 AFY over four years for vineyards. Water use on the North Ranch is trending downward on average since the initial vineyard installations in The SSSP factor of 0.5 acre-feet per acre per year (0.5 af/ac/yr) appears to be a reasonable factor for conservatively estimating overall vineyards irrigation demands. Total agricultural water demands for the Specific Plan are estimated based on up to 95 acres of planted crops on the South Ranch and an additional 10 acres on the Godfrey Ranch. A combination of wine grapes, olive and other orchard trees are proposed to be the likely crops for the sites. The SSSP estimates the groundwater demand for the vineyards and orchards proposed to be 52 acre feet per year (AFY) provided by the existing wells in the Pismo Creek alluvium aquifer. The long term adequacy and impacts of pumping this aquifer for the planned agriculture are found to be reliable and adequate at the proposed pumping levels, with mitigation to protect stream flow for habitat as discussed in section V.A Groundwater. Under the SSSP, the Open Space-Agricultural land use category is planned for vineyards, orchards and related uses. With the exception of 4.86 acres noted above in the proposed park, all of the farmable prime soils are to be in the proposed agriculturally-designated parcels. No parcels have been identified at this time, therefore for purposes of the following discussion, Map IV-B.3 Impacts to Agricultural Resources, identifies areas 1 through 5 which could logically become discrete parcels in the future. Areas 1-4 all have wells tapping the Pismo Creek alluvium which would be used for irrigated crops. Only Area 5 on the upland part of the Godfrey parcel does not have a feasible water well supply. 7 Therefore, this parcel does not have an identified independent water source for irrigated agriculture. The County Agriculture Department has expressed concern that the creation of new agricultural parcels that would be able to be separately conveyed must also have feasible water sources, as well as other characteristics conducive to farming, to be considered viable agricultural units. The proposed General Plan policies LU-R-5 and LU-R-6 support the principle that creation of new lots or parcels in the proposed Agricultural land use category shall result in lots that, if separately conveyed in the future, are viable for agriculture. Due to the size of these areas to be a viable agricultural parcel they would need to be irrigated. The Proposed Project includes reclaimed water as an irrigation source to supplement groundwater for agriculture in the SSSP. Based on the Proposed Project phasing, the creation of new lots at the time Tract Maps are recorded occurs concurrent with the construction of reclaimed irrigation water infrastructure, the upland Area 5 vineyard and the prime soil areas adjoining the proposed park along Price Canyon Road (phase 4) would have a long term source of irrigation water. The timing and suitability of reclaimed (recycled) water for agricultural use is discussed in the Project Description and section V-B Municipal Water Supply. 7 The Godfrey Ranch has several wells in the Oak Park Aquifer which are excluded from use, refer to V-A Groundwater. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-B Agricultural Resources. PageIV-B22

29 Impact AG-5: Creation of new agricultural lots that may be separately conveyed are proposed with either an underlying well water source or reclaimed water infrastructure and would result in a less than significant impact on agricultural resources. CONSTRUCTION OF THE INLAND ARTERIAL ROAD The proposed Inland Arterial roadway would cross approximately one acre of prime soil. While this would result in permanent displacement of a small portion of the Prime Agricultural land within the SSSP, the Inland Arterial would also facilitate agricultural operations by providing a bridge crossing and roadway connection to Price Canyon Road, improving access to the largest contiguous prime agricultural acreage within the SSSP. Impact AG-6: Construction of the Inland Arterial road over about one acre of prime soils is considered a significant but mitigable impact. Mitigation Measure AG-3 detailed in section 4) Mitigation Measures, following this section, would reduce this impact to less than significant. Cumulative Impacts The application of the LESA model to the aggregate Planning Area properties shows that conversion of these lands taken together do not constitute a significant agricultural resource. However, conversion of the soil areas within each larger parcel that meets the threshold definition of a significant agricultural resource, i.e. prime farmland or Farmland of Statewide Importance, would be a significant impact on agricultural resources. This impact would not be considered a cumulative impact unless this conversion combined with the effects of urbanization of non-prime areas in the Planning Area have the potential to induce the conversion of adjacent agricultural lands. The adjoining Williamson Act contract property is not currently intensively farmed, being primarily rangeland with some orchard areas on the Mankins property. This property shares many characteristics with the Planning Area properties, and as a result, it is unlikely that this property would rise to level of a significant agricultural resource using a LESA evaluation without the introduction of more extensive irrigated farming. Due to the long-term commitment to agriculture embodied in the investment in vineyards on the Spanish Springs North Ranch property adjacent to the Planning Area (Map IV-B.1), development of the SSSP that would impair or create incentive to remove the land from agriculture could be considered a significant cumulative impact on agricultural resources. However, no land uses incompatible with the continued use of the north ranch for vineyards are proposed under the SSSP across Price Canyon Road from the vineyards. A change that could induce non-renewal of Williamson Act land (Mankins Ranch) includes development of residential land uses immediately adjacent to the contract land that could create a disincentive to maintain agricultural practices, or develop more intensive agriculture, due to residence complaints arising from dust, noise, and pesticide use. Although the Williamson Act property adjoining the Planning Area is largely currently devoted to rangeland, the potential exists for future vineyard development, based on climate and soil 8. A commitment of resources to vineyard development on the Mankins property would give a 8 It is not known if the adjoining properties have adequate groundwater capability for vineyard irrigation. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-B Agricultural Resources. PageIV-B23

30 strong indication of a desire to continue in the Williamson Act, however, given its position between the Price Canyon and Los Robles del Mar sites, its proximity to the City may eventually lead to its future consideration for annexation as identified in the City General Plan Areas of Interest. For this reason, the possibility of the Mankins property filing for contract non-renewal and ultimately converting to non-agricultural land uses exists with or without the Price Canyon Planning Area being annexed. Looking beyond the 2035 Planning Horizon, if the Planning Area is annexed and developed it is not unreasonable to presume Mankins Ranch will eventually follow some day and the development of the Planning Area increases the likelihood of this outcome. In any case, it is not likely that the Proposed Project in itself would directly result in disincentives to continue the cattle grazing operations currently present on the Mankins property. In addition, existing setbacks of homes in the city from the property boundary with the Mankins property is 30 feet per the city zoning code and no reported significant land use conflicts arising from the cattle grazing activities in the Agricultural land use zone have occurred in the years since development of these lands in the city. As described above, about 75% (2,000 feet) of the Mankins ranch boundary adjoining the SSSP is part of a ten-acre grassland isolated topographically from the remainder of the property. Impact AG-7 The Proposed Project would result in an adverse but less than significant cumulative impact on the Mankins property related to the potential for conversion of agricultural land to other uses or other disincentives to farm because the property 1) adjoins existing urban uses in the city that have created no land use conflicts and 2) is likely to remain grazing land in the foreseeable future due to the Williamson Act contract and unknown capability for more intense, irrigated agriculture, and 3) is positioned in an area of interest for future city expansion under the General Plan that might result in future conversion with or without the Proposed Project. 4. Summary of General Plan Policies and Mitigation Measures to Avoid or Reduce Environmental Impacts General Plan-Level Policies The following proposed General Plan policies included as part of the Proposed Project would address potential Planning Area R impacts related to agricultural resources: LU-R-5. Land Use Designation for Agricultural Activities. An Open Space-Agriculture land use category shall be created on prime soils along the Pismo Creek alluvial plain and areas planned for vineyards and other crops. The Open Space-Agriculture lands in combination with other contiguous open space lands should be configured to create an Open Space / Agricultural land use buffer between developed parts of the Planning Area and the rural lands in the County to the north of the Planning Area. LU-R-6. Agriculture Preservation and Viability. Specific Plans shall promote the longterm viability of existing and potential agricultural uses within and around Planning Area R by: a. Establishing appropriate setbacks and buffers between areas designated for agricultural uses in the Planning Area, and residential and visitor serving land uses. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-B Agricultural Resources. PageIV-B24

31 b. Placing a open space easement over all areas containing prime soils designated for agricultural uses. These policies, which are part of the Proposed Project, will serve to avoid or minimize most impacts on agricultural resources including identified potential cumulative and indirect impacts identified in Impact AG-7. The intent of section (b) is for the ultimate preservation mechanism to be permanent and not able to be revoked by the City. Project Specific Mitigation Measures Project-level measures are identified below. Mitigation Measure AG-1. To mitigate potentially significant impacts on farmland within the SSSP identified in Impact AG-3, the SSSP development standards shall be clarified that a setback of 200 feet is required between any commercial structures (hotel, golf clubhouse, etc) and any future commercial irrigated agriculture on adjoining OS-AG lands in the SSSP. The required setback width may be achieved on either or both parcels. Mitigation Implementation / Monitoring 1) Performance Standard: The SSSP and Final Maps revised setbacks. 2) Contingency Measure: None 3) Implementation Responsibility: City shall verify setback standard in SSSP and subsequent tract maps. 4) Implementation Schedule: The setbacks shall be a condition of subsequent permit issuance. 5) Monitoring Method: Community Development to verify measures compliance. Mitigation Measure AG-2. To mitigate the impact of conversion of prime soils to other use on the proposed De Anza Park site identified in Impact AG-4, the OS-Recreation land use designation shall be changed to OS-Agriculture-P over these soils limiting their use to agriculture. These lands may be part of the overall park use only if activities on these soils are limited to conservation or crops and activities compatible with the park use such as produce sales, Christmas tree farm/sales, etc., or a community garden. To mitigate loss of prime soils related to the southern Pismo Creek path segment, the path alignment shall be shifted to adjoining OS-C land and follow the edge of the prime soil boundary to the railroad and inland arterial road. Mitigation Implementation / Monitoring 1) Performance Standard: The SSSP shall reflect the requirements of this measure 2) Contingency Measure: None 3) Implementation Responsibility: City shall verify SSSP compliance. 4) Implementation Schedule: Entitlement phase. 5) Monitoring Method: Community Development to verify measures compliance. Under LAFCO policy and the LAFCO approval for the 2011 SOI Update prime agricultural land may be converted to urban use provided off-setting mitigation at a 1:1 ratio is achieved: LAFCO SOI Update Mitigation Measure AG 1: a) Annexation of prime agricultural lands shall not be approved unless the City has complied with the LAFCO Policies regarding prime agricultural land. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-B Agricultural Resources. PageIV-B25

32 Policy 12. The Commission shall approve annexations of prime agricultural land only if mitigation that equates to a substitution ratio of at least 1:1 for the prime land annexed is agreed to by the proponent and the jurisdiction with land use authority. The 1:1 substitution ratio may be met by implementing various measures: a. Acquisition and dedication of farmland, development rights, and/or agricultural conservation easements to permanently protect farmlands with similar characteristics within the County Planning Area. b. Payment of in-lieu fees to an established, qualified, mitigation/conservation program or organization sufficient to fully fund the acquisition and dedication activities stated above in 12a. c. Other measures agreed to by the proponent and the land use jurisdiction that meet the intent of replacing prime agricultural land at a 1:1 ratio. To mitigate Impact AG-6 related to conversion of prime soil for construction of the proposed Inland Arterial, several mitigation strategies are available that would comply with the LAFCO measure: Credit for development of irrigated vineyards within upland, non-prime soils in the SSSP OS-secondary agriculture zone that would raise the classification of this soil to prime. Acquisition and dedication of farmland, development rights, and/or agricultural conservation easements to permanently protect farmlands with similar characteristics within the County Planning Area. One option would be prime soils on the North Ranch across Price Canyon Road. Prime soils occur in the upland along Las Cuevitas Creek. Payment of in-lieu fees to an established, qualified, mitigation/conservation program or organization sufficient to fully fund the acquisition and dedication activities. Mitigation Measure AG-3: To mitigate Impact AG-6 related to conversion of prime soil for construction of the Inland Arterial street, the applicant shall perfect one of the following mitigation strategies at the time of development of the SSSP Phase 2 Inland Arterial: 1) Develop equivalent acreage of irrigated vineyard, 2) Acquire and dedicate equivalent acreage of farmland, development rights, and/or agricultural conservation easements to permanently protect equivalent acreage of prime agricultural soil with similar characteristics within County jurisdiction, or 3) Pay of in-lieu fees to an established, qualified, mitigation / conservation program or organization sufficient to fully fund the acquisition and dedication activities for equivalent acreage of similar prime agricultural soils. Level of Impact Significance after Implementation of Mitigation Measures Impacts AG-1, AG-2, AG-5, and AG-7 were determined to be less than significant without mitigation because the Project Description includes measures and standards to avoid or minimize impacts including: Conservation easements over all Agriculture zoned land in the Planning Area will ensure the prime and non-prime soils are available for continued farming in perpetuity. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-B Agricultural Resources. PageIV-B26

33 The remaining impacts were considered significant unless mitigated. Following mitigation, the residual impacts of Impacts AG-3 and AG-4 would be less than significant because: The establishment of setbacks on non-agricultural land from agricultural land will reduce or avoid potential land use conflicts that might otherwise potentially lead to limitations or disincentives to farm. The requirement for re-designation of the proposed park site prime soils to open space meets LAFCO policy objectives of no net loss of prime farmland. The requirement to mitigate conversion of prime soils for the Inland Arterial construction at a 1:1 ratio is consistent with LAFCO policy to protect this resource and the LAFCO mitigation measure for the SOI. 5. List of Abbreviated Terms LIST OF ABBREVIATED TERMS Abbreviation AG CDC CEQA CKH EIR FMMP L LAFCO LCA LESA LUO MF NOP NRCS SSSP PUD R RL RR RS TDC U UPRR USDA S SF SOI Term Agricultural California Department of Conservation California Environmental Quality Act Cortese, Knox, Hertzberg Act Environmental Impact Report Farmland Mapping and Monitoring Program Local Importance Farmland Local Agency Formation Commission Land Contract Act Land Evaluation and Site Assessment Land Use Ordinance Multi-Family Notice of Preparation National Resources Conservation Services Spanish Springs Specific Plan Planned Unit Development Rural Rural Lands Rural Residential Residential Suburban Transfer of Development Credits Unique Farmland Union Pacific Rail Road United States Department of Agriculture Statewide Importance Farmland Single-Family Sphere of Influence Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR IV-B Agricultural Resources. PageIV-B27

34 C. BIOLOGICAL RESOURCES 1. Environmental Issue This section addresses the ecological resources within Planning Area R, and the potential impacts to ecological resources resulting from adoption of the proposed General Plan Update and approval and implementation of the Spanish Springs Specific Plan. In particular, this section provides a description of the wildlife, botanical, and habitat resources occurring or potentially occurring in the area with an emphasis on sensitive resources. Sensitive resources include state or federally listed threatened, endangered, rare, or fully protected species, species of special concern, and species, plant communities, or habitats of regional or local concern. This section also includes discussions of applicable local, state, and federal regulatory standards for resource protection to provide context for the analysis and characterization of potential impacts. The General Plan Update by itself would not authorize any particular plan of development within Planning Area R, but the policies contained in the update do contemplate development eventually occurring (as do the existing Planning Area R policies). Thus a programmatic assessment of the potential impacts of adopting and applying the policies contained in the Update to future development proposals is undertaken herein. With regard to the proposed Spanish Springs Specific Plan, approval and implementation of the Specific Plan would authorize a plan of development for 961 acres within Planning Area R. While not all precise details of development under the Specific Plan are determinable at this stage, sufficient information regarding grading envelopes, ground disturbing activities and anticipated uses is available to undertake a more detailed assessment of potential impacts within the proposed Specific Plan boundaries. Consequently, this section provides impact avoidance, minimization, and mitigation measures to reduce project impacts and protect natural resources during and following development pursuant to the Specific Plan. Additionally, this section describes over-arching resource protection goals and, where appropriate, potential mitigation measures to help achieve the goals. Information contained in this section is based on thorough field studies of the planning area conducted through all seasons during 2007 and 2008 by LFR Inc. (now ARCADIS Inc.), as well as prior surveys of specific portions of the Planning Area conducted by LFR in The EIR analysis also references survey data collected and assessed by others in the planning area including the following: 2008 Draft Pismo Creek / Edna Area Watershed Management Plan. Central Coast Salmon Enhancement. Natural environment study for the Price Canyon Road Widening Project, San Luis Obispo County, California. Prepared for County of San Luis Obispo Public Works Department. Garcia and Associates Final Environmental Impact Report for the Los Robles del Mar Specific Plan. 289 pp. plus appendices. Interface Planning and Counseling Corporation (Interface) Biological Resources Assessment for the Price Canyon Investment Property. Olberding Environmental Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C1

35 Jurisdictional Determination for the Price Canyon Investment Property. Olberding Environmental Special Status Plant Survey for the Price Canyon Investment Property. August 5, 2008 Olberding Environmental Final Plains Exploration and Production Phase IV Development Plan. Environmental Impact Report. 283 pp. plus appendices. Padre and Associates Final Plains Exploration and Production Phase IV Development Plan. Environmental Impact Report. Padre and Associates, PXP Produced Water Treatment Facility Prior to performing the fieldwork, ARCADIS staff reviewed existing documents concerning the Planning Area and the surrounding areas, including a search of the California Natural Diversity Database (CNDDB; California Department of Fish and Game [CDFG], 2008) for the U.S.G.S. 7.5 minute series Pismo Beach, Arroyo Grande NE, Lopez Mountain, Port San Luis, and San Luis Obispo topographic quadrangles. The California Native Plant Society s (CNPS) Electronic Inventory of Rare and Endangered Vascular (CNPS, 2008) was also queried for appropriate habitat within the Pismo Quadrangle and adjacent quadrangles. NOP RESPONSES The City received comment letters on the Notice of Preparation from the National Marine Fisheries Service and the Central Coast Salmon Enhancement that related to biological resources. The comments were related to the need to adequately study the aquatic habitat of Pismo Creek especially as it relates to the threatened steelhead. Key issues are stream flow modifications related to groundwater extraction, water quality and control of potentially polluted runoff into the creek. Other regulations Beach region. Species XX. resources the A and full larger and Habitat list policies, utilized of Price assessment references Canyon/Arroyo review for this utilized prepared of assessment recent for Grande by ecological the LFR biological Area, included an ARCADIS reports and assessment numerous ARCADIS completed Company local, direct in (ARCADIS) in the and state, experience original around and in Sensitive Appendix federal Pismo in the 2. Environmental & Regulatory Setting GENERAL ENVIRONMENTAL SETTING AND PHYSICAL DESCRIPTION The approximately 1,264 acre Planning Area adjoins Price Canyon Road for approximately two miles beginning just north of current municipal boundary line for the City of Pismo Beach, in San Luis Obispo County, California. The Planning Area is characterized by moderate to steep terrain interspersed with occasional expanses of open, flat fields and valleys. The Santa Lucia Range, which extends north to Monterey Bay, reaches its southern terminus to the northeast of the Planning Area. Both the east and west forks of Corral de Piedra Creek drain the southern slopes of the Santa Lucia Mountains and merge just north of the Planning Area in Edna Valley to form Pismo Creek. Pismo Creek meanders in a southerly direction through the center of the Planning Area before reaching the Pacific Ocean at Pismo Beach. Two tributaries drain into Pismo Creek from the east, Canada Verde and Tiber Canyon. At the mouth of Pismo Creek, a large lake and marsh system (later called Pismo Lake) originally covered over 30 acres (12 hectares) at the confluence of Pismo Creek, Arroyo Grande Creek, and other drainages (Hunt, 1993). Vegetation in the Planning Area is strongly influenced by water availability and soil and rock formations. Rocks and soils derived from the Pismo Formation predominate throughout the Planning Area. The Pismo Formation is a thick series of marine sediments formed during the Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C2

36 Miocene Epoch. Quartz- and feldspar-rich sandstones form the predominant rock type in the Planning Area and are represented by the Edna member of the Pismo Formation. In the oil field area north of the Planning Area, the sandstone contains bitumen and crude oil; the oil did not originate in the Edna member, but likely came from plankton-rich subsurface formations, including the older Monterey formation (Chipping, 1987). Outcrops of Monterey shales can be observed both south and north of the Planning Area (Dibblee, 2006). Soils derived from the Pismo Formation include loamy sands of the Arnold, Briones, Gaviota, and Pismo group. The ridgetops and slopes of some mountains and foothills in the Planning Area tend to be covered with gray Briones loamy sands, which are about 26 inches (66 centimeters) deep, slightly acidic, and underlain by sandstone. In a few places, clay lenses and layers form under or over the Briones soils. Gaviota sandy loams occur primarily on ridgetops on both sides of Price Canyon Road and are comprised of residual material weathered from sandstone. Soil layers are 13 inches (33 centimeters) or less, slightly acid to neutral and underlain by hard sandstone. Maritime chaparral and oak woodland are the most common vegetation types in areas with Briones and Gaviota soils, except for drainages that support wetland vegetation. Pismo loamy sands occur in valleys and on slopes bordering portions of Pismo Creek and its tributaries, including the south side of Tiber Canyon and over large areas of south-facing slopes that extend towards the ocean. Pismo soils are rapidly draining loamy sands that are light brownish-gray, medium acidic, and about 19 inches (48 centimeters) thick. Vegetation types on Pismo sands include grasslands and woodlands. The Briones-Pismo complex occurs in the lowlands near Pismo Creek on the west side of Price Canyon Road as well as on oceanfacing slopes and is covered with grassland and some oak woodland vegetation. This complex consists of about 40% Briones loamy sand and 30% Pismo loamy sand. The Pismo-Tierra complex occurs in limited amounts east of Price Canyon Road (South Ranch and southern parcels). Vegetation on the Pismo-Tierra complex consists primarily of oak woodland, with some grassland vegetation as well. This complex consists of about 40% Pismo soils and 30 % Tierra soils; Tierra soils have clay subsoil and tend to be very deep. Arnold loamy sands consist of weathered material from soft sandstones, are light brownish gray, and may reach 33 to 59 inches (84 to 150 centimeters) in depth; these soils are slightly to strongly acidic. Arnold soils support much of the grassland vegetation on the northwest portion of the Planning Area. Elder sandy loams occur in places on both sides of Pismo Creek as well as in the long grassy valley along the southwestern border of the Planning Area. Elder loams are characterized by dark gray to grayish brown sandy loams about 37 to 60 inches (94 to 152 centimeters) deep or more; they are slightly acidic and are derived from alluvium that has weathered from sedimentary rocks. Lopez very shaly clay loam covers the steep west-facing slopes immediately east of Pismo Creek as well as the top of the knolls on the west side of Pismo Creek; there is also an expanse of Lopez shaly clay loam on the east- and south-facing foothills of this knoll. Lopez shaly clay loams are gray and about 18 inches (46 centimeters) thick, underlain by hard shale. Oak woodland and maritime chaparral predominate in these shale soils, along with coastal scrub in places. Near Pismo Creek, heavier soils are present. At the north end of the Planning Area adjacent to steep sandstone bluffs of the Pismo formation, Psamments and Fluvents line Pismo Creek. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C3

37 These soils are water-deposited loamy sands that commonly contain layers of organic matter and have standing water within ten to 20 inches (25 to 51 centimeters) of the surface most of the year (Ernstrom, 1984). Well-developed riparian forest and marsh vegetation occur in these areas. Bedrock is exposed in portions of the Pismo Creek channel. Photographs provided in the Biological Assessment in the EIR Technical Appendix offer views of the communities observed on during field surveys. References to appendices in this section are in the Biological Assessment in the EIR Technical Appendix. LAND USE HISTORY AND HISTORIC AERIAL PHOTO REVIEW Price Canyon has been the site of a variety of land uses over the last few thousand years and land use has affected the environmental setting. The native Pismu Chumash and their predecessors lived in the vicinity of Pismo Beach and the Price Canyon area, with Pismo Creek serving as a fresh water source; cultural resources are found on site in a variety of locations. Mining of bituminous sandstone also occurred in the region between about 1880 and 1930; the bituminous sandstone was shipped off for use as asphalt paving (Tim Limbers, pers. comm.). Oil development in the region began about 1906 in the Arroyo Grande oilfield (Mines and Mining, 1907; Padre and Associates, 2004). A review of aerial photographs from 1939 to the present (1939, 1949, 1956, 1969, 1978, 1987, 2003, and 2006; Appendix B) reveals some of the changes in use of the Planning Area through time. The discussions below briefly describe land use activities that are visible in the historical aerial images shown as they relate to ecological resources. The distribution of native communities has been affected by land use activities through time as is evidenced in the historical aerials. Many of the areas currently supporting large annual grasslands and cleared areas being used for agriculture (e.g., grazing and vineyards) have been routinely or periodically cleared or mowed for decades. Wooded areas (coast live oak woodland, central maritime chaparral, and central coastal scrub) have historically provided dense coverage on the ridges and hillsides. In general, the distributions are similar to the current distributions though in many areas, the interface between the wooded or shrub covered areas and the adjacent disturbed grassland has shifted slightly from decade to decade (see Appendix B). Prior to the 1969 figure, the main road through Price Canyon, Corral de Piedra Road, followed the west side of Pismo Creek. The current configuration of Price Canyon Road is first visible in the 1978 aerial photograph. Regulatory Setting The following sections discuss applicable and potentially applicable local, state, and federal regulatory policies. Many of the ecological resources in the area are subject to State and federal resource protection regulations. The sections below summarize the programs that regulate land use Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C4

38 options and resource protection requirements. In some cases applicable and potentially applicable regulations are organized by subject rather than by agency (e.g., wetlands and waters). CITY OF PISMO BEACH GENERAL PLAN The following is a summary of relevant existing and proposed City of Pismo Beach General Plan policies that address the protection of ecological resources in connection with development proposals in Price Canyon. The following list is not comprehensive and in some cases only the text addressing ecological issues is included. This discussion is provided for reference and should not be relied on for policy consistency analysis. Policy changes are proposed as described in the Project Description. The effects of the proposed change to policy CO-13 is discussed in the Impact Analysis section. Conservation/Open Space Element Policy CO-13: Oak Tree Protection Native species of oak (e.g. Quercus agrifolia, Quercus lobata, Quercus chrysolepis) should be preserved within the City of Pismo Beach, both as an aesthetic resource benefiting the entire community and for their ecological value. Pursuant to Policy LU-R-2, there may be impacts to a portion of the less dense oak woodlands within the Price Canyon Planning area, if a proposed development pattern under an approved Specific Plan in Planning Area R has the overall effect of completing important circulation improvements (i.e., an inland connection to Price Canyon Road) and preserving large contiguous blocks of oak woodlands and other important habitat, by clustering development. [UNDERLINED SENTENCE IS NEW LANGUAGE INCLUDED IN THE PROPOSED GENERAL PLAN UPDATE.] a. Applicability The following requirements shall apply to all native oak species, except scrub oak (e.g. Quercus dumosa), measuring at least 6 inches in circumference at 4.5 ft. above natural grade. b. Management Plan Required All applications for development on parcels which contain oak trees which meet the criterion in a above shall include a proposed vegetation management plan. This plan shall be prepared by a registered arborist or landscape architect that is experienced in oak tree preservation. The plan shall include the following: 1. A site plan showing the location of all existing trees by diameter, species and location; groves of oaks that will not be disturbed by the development may be shown by location only. 2. Identification of all existing trees that are proposed to be removed. 3. Identification of all existing trees that will have proposed grading or construction which encroaches within the tree protection zone as defined below. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C5

39 4. Identification of the protective measures that will be undertaken to avoid or reduce adverse effects on existing trees during grading, construction and following completion of the development project. 5. A monitoring and reporting program to verify compliance with the management plan. c. Removal of Trees Oak trees may be removed only under these conditions: 1. A tree is diseased and a registered arborist or landscape architect experienced in oak tree preservation has evaluated its condition and determined that protective measures would no longer be effective in reversing the decline of the tree. 2. The location of a tree presents a clear hazard to the public safety. 3. The location of a tree creates a demonstrably severe hardship to logical or harmonious configuration of the development for which no alternative design solution is feasible. This provision shall pertain to individual trees and shall not be used as a basis to allow removal of a grove of oak trees. Any tree removed for this reason shall be replace as specified in the City s tree protection ordinance and standards. d. Construction Adjacent to Trees 1. A tree protection zone shall be established for each tree that may be affected by the proposed development. The extent of this zone shall be calculated as one foot of radius for each inch of trunk diameter (measured at 4.5 feet above natural grade). 2. Disturbance of the natural grade of the earth within the protection zone by grading, trenching, compacting or filling should be avoided. Such disturbances may be permitted only when necessary for logical or harmonious development and a registered arborist or landscape architect determines that such activities will not adversely affect the health and survival of the tree. 3. Special measures such as fencing shall be required for tree protection during construction. 4. Landscape plans shall not include irrigated plantings within the tree protection zone. e. Tree Protection Ordinance and Standards To implement the details of this policy, the City shall prepare an oak tree protection ordinance and accompanying standards and guidelines for protection of oak trees. Policy CO-14: Riparian Habitat Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C6

40 It is the policy of the City to preserve riparian habitat under the following conditions: 1. As part of discretionary planning permits, a biotic resources management plan shall be required. 2. The biotic resources management plan shall include standards for project development which will avoid habitat disturbance. 3. The standards specified in the biotic resource management plan shall be utilized to determine the extent of development. The minimum standards that may be specified in the biotic plan for the preservation of habitat shall include: Preservation of groupings of trees in which at least ten trees with a minimum six-inch diameter (measured four and one half feet above natural grade) will be preserved. Plants may be removed from the habitat areas if diseased or if they present a hazard to public safety. Such conditions must be certified by a professional horticulturist or a certified landscape architect. Plants removed for these reason s must be replace with at least four minimum 15 gallon specimens of each species. No significant disruption of riparian vegetation will be permitted. In addition, a minimum riparian buffer area shall be identified for each riparian habitat area at the time of development review. Except as specified in Policy CO-21 for Pismo Creek and Policy CO-23 for Pismo Marsh, the minimum width of the buffer area shall be as identified by the biotic resources management plan and generally not less than 25 feet. Development standards for the minor riparian habitat areas and their respective buffer areas shall be the same as provided in Policy CO-21 with respect to kinds and locations of allowable uses. Policy CO-21: Pismo Creek Protection Pismo Creek shall be retained in its natural state and protected from significant alterations. The following measures shall be employed to accomplish this intent: f. Streamside Protection Zone There shall be a minimum streamside protection zone to conserve the environmentally sensitive habitats of the creek. This buffer zone shall be measured from the outer edge of the riparian vegetation or, where there is no riparian vegetation, from the top of the creek bank. The minimum width of the buffer shall be as follows: West Bank East Bank 100 feet / Cypress northward to City limits 25 feet / Cypress to the ocean 100 feet / U.S. 101 northward to City limits 50 feet / U.S. 101 to Dolliver Street 25 feet / Dolliver to the ocean Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C7

41 A lesser buffer may be permitted if: 1) the minimum widths set forth above would render a parcel inaccessible or unusable for the purpose designated in the landuse plan; or 2) there is a showing by an applicant through the resource assessment study identified in item h that a lesser buffer will not result in loss of, or adverse effects on, streamside vegetation or the biotic quality of the stream. Alternative mitigations shall be required where lesser buffers are authorized. No new construction of vegetation removal, except for normal maintenance, shall be allowed in the buffer zone with the exception of public roadways or bridges identified in the Circulation Element, paths, trails, fences, flood control structures, and other similar structures deemed not to adversely affect the creek. b. N/A to project c. Conservation Dedication Any new development shall be required to dedicate as a condition of any discretionary approval, an easement for the protection of the streamside area consisting of 25 feet or more from the top of the creek bank. In addition, new development shall provide access amenities adjacent to the creek for the city to use as a greenbelt and / or recreation corridor. d. Structures in the Stream Corridor- No structures shall be located within the stream corridor except: dams; structures necessary for flood control purposes; bridges, when supports can be located outside of critical habitat; a public pathway and pipelines, when no alternative route is feasible. e. Limitations on Development All development, including dredging, filling and grading, within the stream corridor shall be limited to activities necessary for flood control purposes, bridge construction, water supply projects, or laying of pipelines, when no alternative route is feasible. When such activities require removal of riparian plant species, revegetation with local native plants shall be required. Minor clearing of vegetation shall be permitted for hiking and equestrian trails, bike trails, view points, etc. f. Minimize Impacts All permitted construction and grading within stream corridors shall be carried out in such a manner as to minimize impacts from increased runoff, sedimentation, biochemical degradation, or thermal pollution. g. Channeling No concrete channeling or other major creek alteration shall be permitted, unless no viable alternative exists. h. Resource Protection Plan A Resource Assessment and Protection Plan shall be required and approved concurrent with city action on projects located on parcels which have a portion within the streamside protection zone. The plan shall include appropriate measures to protect the creeks biological and visual aspects. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C8

42 Policy CO-28: Natural Drainage Channels Design Element Drainage channels shall remain in a natural open space state with minimal or no use of concrete channels. Dredging, filling and grading within stream corridors shall be limited to activities necessary for flood control purposes, bridge construction, water supply projects, or laying of pipelines when no alternative route is feasible. Revegetation and restoration of the natural setting shall be required. Alteration of existing drainage patterns shall be prohibited unless special studies prove that the proposed alteration will not cause any adverse impacts downstream or to other aspects of the environment. Prior to approval of any new development, a detailed analysis of surface water runoff patterns shall be undertaken to determine storm drain needs and identify mitigations for any with possible adverse environmental impacts. No runoff that will negatively affect the Pismo Marsh shall be permitted. Policy D-12: Special Tree Preservation A number of special and important trees or tree groupings exist within Pismo Beach and these trees should be preserved. Examples include: a. Oak Trees (Land Use Element LU-N-5 Oak Trees); and e. Sycamores (Conservation Element CO-22 Price Canyon) Land Use Element The following policies proposed as part of the General Plan update are applicable to the protection of biological resources: LU-R-9. Watershed Management and Creek Protection. Actions within Planning Area R that would potentially affect Pismo Creek shall be consistent with good watershed management principles including implementing Low Impact Development practices to manage storm water runoff and water quality, avoid placement of fish passage barriers, encourage riparian re-vegetation and bank stabilization, and working with appropriate agencies to further strategic goals for estuary water quality. LU-R-10. Habitat Resource Overlay Zone. The Habitat Resource Overlay Zone is generally defined in [EIR Map I-6], and includes areas with certain biotic values important to general wildlife dispersal (e.g., space, connectivity, foraging value, cover, etc.) and habitat preservation for sensitive species. All Specific Plans shall distinguish the boundary of the permanent conservation and management zone for wildlife dispersal corridors, contiguous mixed habitat areas, suitable habitat buffer and setback standards. An Open Space and Habitat Management Plan (OSHMP) shall be prepared at the time of and in connection with any tentative tract map or other development application pursuant to an adopted Specific Plan. OSHMPs shall identify precise boundaries of conservation and management zones within or adjacent to the applicable subdivision or Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C9

43 development area as well as education and outreach efforts, restoration and enhancement goals, and long term management measures, including fire safety. STATE REGULATIONS California Fish and Game Code The California Fish and Game Code (CFGC) regulates the taking or possession of birds, mammals, fish, amphibian and reptiles in the state. Potentially applicable sections of the Fish and Game Code include: Section 1602 protects Waters of the State Section 3503 protects eggs and nests of all birds. Section protects birds of prey and their nests. Section 3513 protects all birds covered under the federal Migratory Bird Treaty Act. Section 3511 lists fully protected birds. Section 5515 lists fully protected fish species. Section 3800 defines nongame birds. Section 4700 lists fully protected mammals. Section 5050 lists fully protected amphibians and reptiles. California Endangered Species Act The California Endangered Species Act (CESA; CFGC Sections ) generally parallels the main provisions of the federal Endangered Species Act (ESA; 16 U.S. Code [USC] ) and is administered by CDFG. The CESA prohibits the taking of listed species except as otherwise provided in state law. Under the CESA, take is defined as to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. Section 2081 of the Fish and Game Code expressly allows CDFG to authorize the incidental take of endangered, threatened, and candidate species if all of the following conditions are met. The take is incidental to an otherwise lawful activity. The impacts of the authorized take are minimized and fully mitigated. Issuance of the permit will not jeopardize the continued existence of the species. The permit is consistent with any regulations adopted in accordance with Sections 2112 and 2114 (legislature-funded recovery strategy pilot programs in the affected area). The applicant ensures that adequate funding is provided for implementing mitigation measures and monitoring compliance with these measures and their effectiveness. The CESA provides that if a person obtains an incidental take permit pursuant to the federal ESA for species also listed under the CESA, no further authorization is necessary under CESA if the federal permit satisfies all the requirements of CESA and the person follows specified Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C10

44 steps (CFGC section ). In such cases, CDFG conducts a consistency analysis to confirm that the federal take authorization meets all State requirements. California Fully Protected Species The classification of Fully Protected was the State's initial effort in the 1960s to identify and provide additional protection to those animals that were rare or faced possible extinction. Lists were created for fish, mammals. amphibians and reptiles, birds and mammals. Most fully protected species were subsequently listed as threatened or endangered species under the more recent endangered species laws and regulations. Fully Protected species may not be taken or possessed at any time and no licenses or permits may be issued for their take except for collecting these species for necessary scientific research and relocation of the bird species for the protection of livestock. California Native Plant Protection Act & Rare Species One species in the Planning Area (Pismo clarkia) is listed as rare pursuant to the California Native Plant Protection Act. A discussion of the regulatory setting for Pismo clarkia is provided with the species account in the Sensitive Plants Section below. FEDERAL REGULATIONS Endangered Species Act of 1973 The federal Endangered Species Act (ESA) provides for the conservation of species that are endangered or threatened throughout all or a significant portion of their range, as well as the conservation of the ecosystems on which they depend. The ESA recognizes that conservation of threatened and endangered species can be facilitated through artificial propagation. Potential benefits of artificial propagation for listed species include supplementing natural populations to speed recovery, reestablishing natural populations in suitable but currently vacant habitat, or both. The National Marine Fisheries Service (NMFS) is responsible for administering ESA provisions with regard to West Coast salmon and steelhead. The ESA allows listing of Distinct Population Segments (DPSs) of vertebrates, as well as named species and subspecies, and steelhead protected under the ESA are listed according to DPS. The south-central California coast steelhead DPS occurs in the Planning Area. Endangered Species Act Section 9 Under the ESA, it is illegal for any person, private entity, or government agency to take endangered species without federal authorization. Take of most threatened species is similarly prohibited. Under the federal law, take is defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in such conduct. Harm is defined to mean an act that actually kills or injures fish or wildlife. Take may include significant habitat Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C11

45 modification or degradation that actually kills or injures fish or wildlife by significantly impairing essential behavioral patterns, including breeding, spawning, rearing, migrating, feeding, or sheltering. The incidental take of listed species can be authorized under Section 7 or Section 10 of the ESA as discussed below. Endangered Species Act Section 7 Section 7 of the ESA requires all federal agencies to ensure that any action they authorize (permit), fund, or carry out is not likely to jeopardize the continued existence of any species listed under the ESA, or to result in the destruction or adverse modification of designated critical habitat. Any action that may affect a listed species requires consultation with the USFWS or NMFS or both. Provisions of Sections 7 and 10 of the ESA are similar, but Section 7 requires consideration of several factors not explicitly required by Section 10. However, Section 7 also has a statutory timeframe (135 days) and is a more streamlined program than the Section 10 process. The Section 7 process may only be utilized for projects that are federally funded, occur on federal land, or required a federal permit for implementation. The Section 7 consultation process for take results in a Biological Opinion prepared by USFWS or NMFS regarding whether implementation of the proposed action will result in jeopardy to any listed species or will adversely modify critical habitat. Take authorization occurs in the form of an Incidental Take Statement. Endangered Species Act Section 4(d) Incidental take of a species listed as threatened under the federal ESA may be broadly authorized under Section 4(d) of the ESA, which authorizes incidental take of such threatened species consistent with certain conditions. Section 4(d) is not applicable to species listed as endangered under the ESA. Through a Section 4(d) rule, the USFWS or NMFS may apply take prohibitions for threatened species but exempt certain programs or activities (such as hatchery operations or recreational fisheries) if they meet the requirements specified in the rule. The USFWS or NMFS may apply a Section 4(d) rule either at the time of listing or subsequently. A familiar example is the 4(d) rule that protects anglers if they accidentally catch a listed fish species, provided that they release it unharmed. The NMFS has published a 4(d) rule for several DPSs including the south central California coast steelhead DPSs. The rule provides take authorization for certain activities including research and enhancement actions and hatchery operations. Endangered Species Act Section 10 Section 10(a) of the ESA establishes a process for obtaining an Incidental Take Permit, which authorizes non-federal entities to incidentally take federally listed wildlife or fish during otherwise lawful activities subject to certain conditions. Incidental take is defined by ESA as take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. Preparation of a Habitat Conservation Plan, generally referred to as an HCP, is required for all Section 10(a) permit applications. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C12

46 Critical Habitat When a species is proposed for listing as endangered or threatened under the ESA, the USFWS must consider whether there are areas of habitat that are essential to the species conservation. Those areas are proposed for designation as critical habitat. It is a specific geographic area (or areas) that is considered by the USFWS/NMFS as essential for the conservation of a threatened or endangered species and that may require special management and protection. Critical habitat may include an area that is not currently occupied by the species but that will be needed for its recovery. As discussed above, federal agencies are required under Section 7 to consult with the USFWS and/or NMFS on actions they carry out, fund, or authorize to ensure that their actions will not result in take of a listed species or destroy or adversely modify critical habitat. In this way, a critical habitat designation protects areas that are necessary for the conservation of the species. A critical habitat designation has no effect on situations where a federal agency is not involved for example, a landowner undertaking a project on private land that involves no federal funding or permit. An area designated as critical habitat is not a refuge or sanctuary for the species. Listed species and their habitat are protected by the ESA whether or not they are in an area designated as critical habitat. In consultation for those species with critical habitat, federal agencies must ensure that their activities do not adversely modify critical habitat to the point that it will no longer aid in the species recovery. Most activities in critical habitat that require a federal agency to consult with USFWS/NMFS can proceed as proposed or with reasonable and prudent modifications. Migratory Bird Treaty Act The Migratory Bird Treaty Act (MBTA; Title 16, United States Code [USC], Part 703) is one of the nation s oldest environmental regulations enacting the provisions of treaties between the United States, Great Britain, Mexico, Japan, and the Soviet Union. All of the birds observed in the Planning Area, with the exception of the European starling (Sturnus vulgaris), are covered by the MBTA. The MBTA authorizes the U.S. Secretary of the Interior to protect and regulate the taking of migratory birds. It establishes seasons and bag limits for hunted species and provides protection for migratory birds, their occupied nests, and their eggs (16 USC 703, 50 Code of Federal Regulations [CFR] 21, 50 CFR 10). The MBTA prohibits the destruction of occupied nests. The Migratory Bird Permit Memorandum (MBPM-2) dated April 15, 2003, clarifies that destruction of most unoccupied bird nests is permissible under the MBTA; exceptions include nests of federally threatened or endangered migratory birds, bald eagles, and golden eagles. The USFWS is responsible for overseeing compliance with the MBTA. Most actions that result in taking of or the permanent or temporary possession of a protected species constitute violations of the MBTA. WETLANDS AND WATERS REGULATORY FRAMEWORK Pismo Creek is a perennial stream that drains into the Pacific Ocean less than two miles from the Planning Area and is considered a jurisdictional Water of the United States pursuant to the definitions of the federal Clean Water Act. As such, any dredge or fill activities below the Ordinary High Water Mark (OHWM) of Pismo Creek would be regulated by the Army Corps of Engineers (the Corps) under Section 404 of the Clean Water Act, and by the California Regional Water Quality Control Board (RWQCB) under Section 401 of the Clean Water Act Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C13

47 (Water Quality Certification). The RWQCB has established the following measurable goals to be attained as it considers Section 401 certification for individual projects: Healthy Aquatic Habitat By 2025, 80 percent of Aquatic Habitat is healthy, and the remaining 20 percent exhibits positive trends in key parameters. Proper Land Management By 2025, 80 percent of lands within an watershed will be managed to maintain proper watershed functions, and the remaining 20 percent will exhibit positive trends in key watershed parameters. Clean Groundwater By 2025, 80 percent of groundwater will be clean, and the remaining 20 percent will exhibit positive trends in key parameters. The OHWM is defined in the Corps 1987 Wetlands Delineation Manual as: That line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural lines impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. The tributaries of Pismo Creek may also be subject to Clean Water Act regulation. As described in the guidance documents prepared by the U.S. Army Corps of Engineers and U.S. Environmental Protection Agency for Clean Water Act jurisdictional determinations (Clean Water Act Jurisdiction, December 2, 2008, U.S. EPA and the Corps), the tributaries of Pismo Creek in the Planning Area can be described as Non-navigable tributaries that are not relatively permanent and as such, would be subject to federal jurisdiction based on a factspecific analysis to determine whether they have a significant biological, chemical or physical nexus with a traditional navigable water (in this case the Pacific Ocean). Many of the water features in the Planning Area have a clearly defined bed, bank and/or channel and meet the California Department of Fish and Game (CDFG) definition of a jurisdictional Water of the State. Covered features include Pismo Creek and its tributaries as well as open water ponds. Section 1602 of the California Fish and Game Code (Lake and Streambed Alteration Program) charges CDFG with executing Streambed Alteration Agreements. Pursuant to the program, an entity may not substantially divert or obstruct the natural flow of, or substantially change or use any material from the bed, channel, or bank of, any river, stream, or lake, or deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake The Department specifies that Fish and Game Code Section 1602 applies to all perennial, intermittent, and ephemeral rivers, streams, and lakes in the state. The regulatory definition of a stream is a body of water that flows at least periodically or intermittently through a bed or channel that has banks and supports fish or other aquatic life. This includes watercourses with a surface or sub-surface flow that supports or has supported riparian vegetation. The area of the creek under state jurisdiction is defined as the area from top-of-bank to top-of-bank or the outer limit of riparian vegetation, whichever is greater. The CDFG has not officially adopted regulations pertaining to wetlands. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C14

48 Other Planning Documents The Pismo Creek/Edna Valley Watershed Management Plan prepared by Central Coast Salmon Enhancement identifies the following strategic management actions and projects: Identify sediment sources and work with landowners to stabilize creek banks and other point sources. Off stream watering sources for livestock to reduce bacteria levels in the water. Improve Pismo Creek estuary (lagoon) water quality including short term aeration and long term re-establishment of wetland vegetation tidal basin. Water quality monitoring and stream gauging Implementation of the PXP Stream and Trout Monitoring Plans. Promote Low Impact Development (LID) principles for developments in the watershed. Steelhead restoration planning and fish passage barrier removal projects. Protect the stream flow from diversions. Invasive exotic vegetation removal. Public education outreach. Environmental Setting The following native and non-native plant communities were identified and mapped within the Planning Area, supporting approximately 418 species of plants. As Shown on Map IV-C.1- Planning Area Sensitive Species and Habitats, these include the following upland communities: Annual (non-native) Grassland Coast Live Oak Woodland/Forest Central Maritime Chaparral Central (Lucian) Coastal Scrub Existing Vineyard Native Grassland Disturbed/Ruderal Non-native Plantings, including Tasmanian blue gum and vineyard plantings The boundaries of the proposed Spanish Springs Specific Plan within the Planning Area are shown on Map IV-C.1. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C15

49

50 Sensitive Species Q Black-flowered figwort Q Curly-leaved monardelia Q Nipomo ceanothus Q Saint's daisy li! Saint's daisy (Not observed in 2007) * * * San Luis mariposa lily San Luis mariposa lily (Not observed in 2007) San Luis Obispo County lupine... Q.. * San Luis Obispo owl's clover Potential San Lu is Obispo owl's clover * *.-... ~ :"'!. ~ Sensitive Plant Communities M ~ M M W W M M G3 M Central Maritime Chaparral (Price Canyon variant) Disturbed Central Maritime Chaparral (Price Canyon variant) Coast Live Oak Woodland Central Coast Cottonwood Sycamore Riparian Forest Central Coast Arroyo Willow Riparian Forest/Scrub Freshwater Marsh Central Coast Live Oak Riparian Forest Vemal Swale Pond (Located in Former Wetland) Native Grassland California spineflower ':"': 50 ft Riparian Habitat Buffer Hoover's bentgrass C:'.:; 100 ft Riparian Habitat Buffer (Pismo Creek; Policy CO-21) Pismo clarkia Pismo clarkia (Not observed in 2007) Sensitive Wildlife ~ California Red-legged Frog Southwestern Pond Turtle Steel head Trout..... Wildlife Corridor Notes: Species indicated with c ) occurred in sma ll quantities at mapped location. Wells' manzanita and Lompoc ceanothus occur throughout maritime chaparra l. Wells' manzanita is a lso common in oak woodland. Not all individual oak trees are uniquely mapped. SOURCE: Arcadis January 2012 Price Canyon Planning Area EIR Map includes data from 1996 Survey (Interface) 2003 Survey (LFR) 2007 Survey (LFR) 2008 Survey (LFR) Aerial Photo Assessment North Aerial Photo Date June, 2007 o Planning Area Sensitive Species & Habitats 700 1,400 ~~~~~!iiiiiiiiiiiiiiiiiiiiiiiiiiii. Feet Scale IV-C Biological Resources

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52 Five natural wetland habitat types were also identified: Central Coast Cottonwood Sycamore Riparian Forest Central Coast Live Oak Riparian Forest Seasonally-flooded Vernal Swale Coastal and Valley Freshwater Marsh Central Coast Arroyo Willow Riparian Forest/Scrub In addition to the natural habitats listed above, existing ponds and reservoirs were characterized and mapped. Approximately 283 species of native plants were observed in the Planning Area, or about 22% of the native plant species reported to occur in San Luis Obispo County (Hoover, 1970). In addition, 135 species of non-native species were also identified. SENSITIVE HABITATS Sensitive plant communities identified in this section have a California state ranking of S3.2 or higher, which are considered to be threat ranks by the California Department of Fish and Game in the Natural Diversity Database (CDFG, 2007). 1 UPLAND COMMUNITIES The Planning Area supports a mosaic of native, weedy, and planted vegetation that is described in the ensuing sections. The distribution of vegetation types in the Planning Area is determined by topography, soils and geology, hydrology, slope exposure, climate, and land use history. Six upland communities were identified in the Planning Area: Annual Grassland, Coast Live Oak Woodland/Forest, Central Maritime Chaparral, Central (Lucian) Coastal Scrub, Existing Vineyard, Native Grassland, Disturbed/Ruderal, Non-Native Plantings, and existing vineyards. The upland communities are presented in order of acreage mapped in the Planning Area, with communities with the greatest number of acres listed first. A general overview of vegetation composition and related environmental features is provided for each community described below, with discussions of community features observed in the Planning Area. The mapped acreages of each plant community are listed in Table IV-C.1 in the Impact Analysis section and provided at the end of each community description below. Photographs taken during the ARCADIS surveys are provided in the EIR Technical Appendix volume. 1 Note that higher ranks are designated with lower numbers. The state ranking system addresses the estimated number of existing acres for the sensitive habitat, as well as the threat to the acreage as determined by the Department. The S number is indicative of the total acreage and the threat level is represented by the decimal extension ranging from.1 (very threatened) to.3 (no current threats known). Sensitive habitats for this report are defined as S3.2 and above for habitats with an identified threat (.1 or.2 extensions). Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C17

53 Annual Grassland/Ruderal Large portions of the Planning Area are dominated primarily by non-native annual grasses and other native and weedy annual species. The presence of annual grassland often suggests prior clearing of native perennial vegetation (e.g., native grasses such as Nassella and/or native shrubs and trees), which then is largely replaced by invasive non-native grasses and forbs, although some native species may persist. Among the non-native grasses observed in the Planning Area are invasive annual Mediterranean grasses such as slender wild oats (Avena barbata), rip-gut brome (Bromus diandrus), soft chess (Bromus hordeaceus), red brome (Bromus madritensis subsp. rubens), foxtail barley (Hordeum murinum), and annual fescues (Vulpia species). Associated with these grasses are weedy mustards (Brassica rapa, B. nigra, and Hirschfeldia incana) and filaree (Erodium cicutarium, E. botrys) along with patches of Italian thistle, milk thistle (Silybum marianum), poison-hemlock (Conium maculatum), sheep sorrel (Rumex acetosella), and others. Many native annual grassland herbs have been documented in the Planning Area (see Appendices). The surveys identified Pismo clarkia, lupine species (Lupinus bicolor, L. nanus, L. truncatus), red maids (Calandrinia ciliata), small sun-cups (Camissonia micrantha), coast tarplant (Deinandra increscens subsp. increscens), slender (Madia gracilis), and many other native wildflowers scattered in the annual grassland vegetation. Also present in sandy soils are native perennials such as California croton, California-aster, and others. Ruderal vegetation is generally confined to continuously disturbed, compacted ground such as roadsides and parking areas. Ruderal species in the Planning Area can include weedy nonnative grasses, as well as weedy forbs such as common knotweed (Polygonum aviculare), red spurrey (Spergularia rubra), and others. In general, the grassland areas would be classified as Non-Native Grasslands in the CNDDB community classification system (Holland, 1986) and as California Annual Grassland Series within the CNPS Manual of California Vegetation (Sawyer and Keeler-Wolf, 1995). Non-native Grassland has a global rank of G4 (apparently secure, but factors exist to cause some concern; i.e. there is some threat or somewhat narrow habitat) and a state rank of S4 (apparently secure, but factors exist to cause some concern; i.e. there is some threat or somewhat narrow habitat), as listed in the CNDDB (2007). There are approximately acres of annual grassland and ruderal plant communities in the SSSP Area. Coast Live Oak Woodland/Forest Coast live oak woodlands and forests in the Planning Area are dominated by a single tree species: coast live oak (Quercus agrifolia). Coast live oak is an evergreen tree ranging from 40 to 75 feet (12 to 23 meters) in height, with a spreading crown, many massive branches, a dense canopy of thick waxy leaves, and a massive root system consisting of both deeply penetrating roots and widely spreading lateral roots (Pavlik, 1991; Hickman, 1993). These Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C18

54 trees can live for 300 years or more. Most healthy stands contain mixed age classes of oak trees, saplings, and seedlings. Scientific studies suggest a positive correlation between oak tree density and deep soils that foster root growth and water uptake year-round (Barbour and Major, 1977; Holland and Keil, 1995). In the Planning Area oaks may be observed growing in mesic, non-saturated environments: north-facing slopes, upper margins of riparian forest, the bottoms of ephemeral drainages, and on the slopes and ridges of rocky sandstone hills that serve as deep reservoirs for water storage (Frank Davis, pers. comm.). Another tree occasionally found in oak woodlands in the Planning Area is knobcone pine (Pinus attenuata), which is scattered on site in small numbers. California bay (Umbellularia californica) is also found in oak woodland habitats, especially near perennial drainages. In dense undisturbed coast live oak woodlands and forests in the Planning Area, the environment under the oak canopy is very shady. Shade-tolerant shrubs such as poison-oak (Toxicodendron diversilobum), California coffeeberry (Rhamnus californica), toyon (Heteromeles arbutifolia), and snowberry (Symphoricarpos mollis) predominate in the understory, along with vines such as California blackberry (Rubus ursinus). Native shrubs characteristic of northern woodlands are also present in small numbers, including California huckleberry (Vaccinium ovatum) and oso berry (Oemleria cerasiformis), especially in mesic areas dominated by oak woodland vegetation. Herbaceous perennials in the oak woodland understory include bracken fern (Pteridium aquilinum var. pubescens), coastal wood fern (Dryopteris arguta), hummingbird sage (Salvia spathacea), meadow-rue (Thalictrum fendleri var. polycarpum), and wood mint (Stachys bullata). The sensitive black-flowered figwort (Scrophularia atrata) is also found in the oak woodland understory in a range of locations, especially east of Price Canyon Road. Native perennial grasses such as the native creeping thingrass (Agrostis pallens) and California brome (Bromus carinatus) occur sporadically in the understory. Annuals are infrequent but include fiesta flower (Pholistoma auritum), miner s lettuce (Claytonia perfoliata), and bedstraw (Galium aparine). Where the understory has been cleared under the oak canopy, weedy annual species predominate, especially ripgut brome (Bromus diandrus) and Italian thistle (Carduus pycnocephalus). In two locations along the margins of coast live oak woodland within the North Ranch area (just outside the Planning Area), ARCADIS observed what is reportedly one of the rarest plants in San Luis Obispo County (Dieter Wilken, pers. comm.), the San Luis Obispo lupine (Lupinus ludovicianus). Although no individuals were observed within the Planning Area, individuals or populations may be present in the Planning Area in areas with similar characteristics because of the proximity to a known observation. In several places in the Planning Area, the coast live oak woodland supports a preponderance of Wells manzanita as an associate species, suggesting that the area may have previously been dominated by central maritime chaparral and that through succession, the oaks gradually shaded and outcompeted most chaparral shrubs in that location. These woodlands were mapped as coast live oak woodland when cover by coast live oak exceeded 50%, but this community could revert to maritime chaparral after a major fire. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C19

55 Coast live oaks vary in density from continuous stands on north-facing slopes to scattered trees in coastal scrub, chaparral, or grassland habitats on a variety of slope exposures. Along some moist drainages, concentrated bands of oaks may form the dominant riparian vegetation; this mesic vegetation type is often referred to as coast live oak riparian forest. This community would be classified as the Coast Live Oak Woodland Community in the CNDDB community classification system (Holland, 1986), and as the Coast Live Oak Series within the CNPS Manual of California Vegetation (Sawyer and Keeler-Wolf, 1995). Coast Live Oak Woodland has a global rank of G4 (apparently secure, but factors exist to cause some concern; i.e. there is some threat or somewhat narrow habitat) and a state rank of S4 (apparently secure, but factors exist to cause some concern; i.e. there is some threat or somewhat narrow habitat), as listed in the CNDDB (2007). There are approximately acres of Coast Live Oak Woodland/Forest located within the Spanish Springs Specific Plan area. Central Maritime Chaparral Central maritime chaparral, sometimes called sandhill chaparral, is dominated by evergreen shrubs and scattered multi-trunked coast live oaks that grow together at varying densities from open stands to almost impenetrable thickets in coastal areas of the Central Coast underlain with sand or sandstone-derived soils. The woody chaparral shrub vegetation ranges from four to fifteen or more feet (1.2 to 4.6 meters) in height, although low-growing annuals and herbaceous perennials are scattered in exposed openings. In general, maritime chaparral is an unusual vegetation type found primarily on sandy substrates in a few coastal locations in Santa Barbara, San Luis Obispo, Monterey, and Santa Cruz Counties. Often these maritime chaparral associations are dominated by local endemic species of ceanothus (Ceanothus) and manzanita (Arctostaphylos) mixed with other widespread and endemic species (Holland, 1986; Holland and Keil, 1995). Central maritime chaparral in the Planning Area is particularly abundant on ridge-tops and south-and west facing slopes between 300 and 600 feet (91 to 183 meters) elevation. Dominants include several regional endemic species, including Wells manzanita (Arctostaphylos wellsii), a sensitive species of manzanita restricted to the rugged hills between Arroyo Grande and the Edna Valley. Lompoc ceanothus (Ceanothus cuneatus var. fascicularis) and Nipomo ceanothus (Ceanothus impressus subsp. nipomensis) also occur in this vegetation, though Nipomo ceanothus was only found in two locations. All three species are endemic to the Central Coast and are considered sensitive species by state or local organizations. In addition, species that are found in chaparral vegetation in many parts of California, such as chamise (Adenostoma fasciculatum), toyon (Heteromeles arbutifolia), birchleaf mountainmahogany (Cercocarpus betuloides), bush poppy (Dendromecon rigida subsp. rigida), black sage, poison-oak, and California coffeeberry (Rhamnus californica) are components of maritime chaparral vegetation in places in the Planning Area. Multi-trunked individuals of coast live oak are also common; these increase in size and abundance with age of the stand since the last fire (Van Dyke, Holl, and Griffin, 2001). Large patches of Indian warrior (Pedicularis densiflora) and round-fruited sedge (Carex globosa) occur under the canopy of Wells manzanita. Hoover s bentgrass (Agrostis hooveri) occurs in openings in the chaparral Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C20

56 vegetation, along with other native grasses such as needlegrass (Nassella pulchra and N. lepida) and Coast Range melic (Melica imperfecta). A number of other herbaceous plants also occupy sunny openings in maritime chaparral, including herbaceous perennials such as coast horkelia (Horkelia cuneata subsp. cuneata) and soap plant (Chlorogalum pomeridianum subsp. pomeridianum) and annuals such as spoon-sepal spineflower (Chorizanthe obovata), suncups (Camissonia species), and Cleveland s white forget-me-not (Cryptantha clevelandii). A number of sensitive species are found in openings in maritime chaparral, including Hoover s bentgrass, San Luis Obispo mariposa lily (Calochortus obispoensis), saint s daisy (Erigeron sanctarum), and California spineflower (Mucronea californica). Fire plays a significant role in maintaining chaparral community heterogeneity and in nutrient cycling, and its role has been extensively documented (Christensen and Muller, 1975; Keeley 1987; Keeley and Keeley 1988). No records of any significant historic fires in Price Canyon in the Planning Area were identified. The maritime chaparral appears to be quite mature, dominated by dense stands of Wells manzanita and scattered coast live oak, with very little ceanothus present. Indeed, Nipomo ceanothus was located only in a few locations near roadsides where scarification may have induced chance germination in place of fire. Nonetheless, both Lompoc and Nipomo ceanothus are scattered in small numbers in the Planning Area and may have deposited abundant seed in the soil. In several locations, mixed stands of Wells manzanita and coast live oak occur. As oaks age, the canopy and roots of the trees spreads outwards, shading and outcompeting other shrubs; where mature oaks and Wells manzanita produced continuous woody cover (with > 50% cover by oaks), this association was mapped as coast live oak woodland. Some of these manzanita/oak stands may revert to maritime chaparral after a fire. In several places in the Planning Area, the density of maritime chaparral shrubs is significantly lower than normally observed, apparently representing natural (e.g., landslides) or anthropogenic (i.e., clearing) disturbance; these areas have been mapped as disturbed central maritime chaparral. Evidence for disturbance is found in historical aerial images as well as by observation of resprouting and recolonizing maritime chaparral shrubs and herbs in these areas. In every case, the disturbed areas are contiguous with extant maritime chaparral. These areas have historically supported less dense maritime chaparral than the surrounding areas as is evidenced in the historical aerials. In some cases, roads and other disturbances have occurred in areas mapped as disturbed central maritime chaparral, and it is not discernable whether or not these human disturbances contributed to the condition of the chaparral. This community would be classified as the Central Maritime Chaparral in the CNDDB community classification system (Holland, 1986). For areas dominated by chamise, it fits best into the Chamise Series within the CNPS Manual of California Vegetation (Sawyer and Keeler- Wolf, 1995). Areas which support a mixture of endemic manzanitas, ceanothus, and oaks are not in the Sawyer and Keeler-Wolf (1995) classification. Central Maritime chaparral has a global rank of G2 (2,000-10,000 acres worldwide) and a state rank of S2.2 (2,000-10,000 acres statewide, threatened), as listed in the CNDDB (2007). Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C21

57 Communities containing or supporting rare and endangered or threatened species are treated as Environmentally Sensitive Habitats (ESH) in the County of San Luis Obispo s Coastal Plan Policies document (1988, revised 2004). Since at least eleven sensitive plant species were observed in central maritime chaparral on site, this community may be considered ESH by the County of San Luis Obispo. In addition, the San Luis Obispo County Land Use and Circulation Element specifically refers to central maritime chaparral as a sensitive habitat (1980, revised 2007). There are approximately 86.5 acres of high quality central maritime chaparral in the SSSP Area and an additional 36.6 acres of disturbed maritime chaparral in the SSSP Area. Central (Lucian) Coastal Scrub Central coastal scrub is dominated by drought-tolerant, soft-leaved shrubs from three to six feet tall (0.9 to 1.8 meters) that are often summer dormant and winter active, producing most of their growth in the winter and spring months. Many species are partially or completely summer deciduous and/or dormant, unlike the more commonly evergreen shrubby dominants of maritime chaparral. Coastal scrub dominants have shallower root systems than chaparral dominants, and these roots may not reach moisture at depth during the dry summer months (Holland and Keil, 1995). In the Planning Area, central coastal scrub is less abundant than central maritime chaparral; it occurs on the south-facing slope of the ridge west of Price Canyon Road (North Ranch), and at the margins of central maritime chaparral and oak woodland east of Price Canyon Road in a number of locations. Species composition of central coastal scrub varies from place to place in the Planning Area. The most common dominants are shrubs such as black sage (Salvia mellifera), California sagebrush (Artemisia californica), dune-heather (Ericameria californica), coyote bush (Baccharis pilularis subsp. consanguinea), and poison-oak (Toxicodendron diversilobum); the suffrutescent dune buckwheat (Eriogonum parvifolium), golden yarrow (Eriophyllum confertiflorum), deerweed (Lotus scoparius), and prickly-phlox (Leptodactylon californicum) also occur in places. Herbaceous perennials such as California croton (Croton californicus), California-aster (Lessingia filaginifolia), and green everlasting (Gnaphalium californicum), are also common, as well as annuals such as doveweed (Croton setigerus), navarretia (Navarretia atractyloides), and spineflower (Chorizanthe species). The federally endangered/state-listed rare Pismo clarkia (Clarkia speciosa subsp. immaculata) also occurs in openings in the scrub vegetation. Central coastal scrub has been removed and/or heavily disturbed in some locations; these areas have been mapped as disturbed central coastal scrub. Evidence for disturbance is found in historical aerial images as well as by observation of resprouting and recolonizing coastal scrub shrubs and herbs in these areas. This community would be classified as the Central (Lucian) Coastal Scrub in the CNDDB community classification system (Holland, 1986). Areas where California sagebrush is dominant are best described by the California Sagebrush Series within the CNPS Manual of California Vegetation, where coyote bush dominates as the Coyote Brush Series, where black Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C22

58 sage dominates as the Black Sage Series (Sawyer and Keeler-Wolf, 1995). Central Lucian Coastal Scrub has a global rank of G3 (10,000-50,000 acres worldwide) and a state rank of S3.3 (10,000-50,000 acres statewide, no current threats known), as listed(2007). There are approximately 49.5 acres of central coastal scrub in the SSSP Area and 6.5 acres of disturbed Coastal sage scrub. Native Grassland Native grasslands are dominated by clumps of tufted or spreading perennial grasses ranging from one to four feet (0.3 to 1.2 meters) in height interspersed with wildflowers and occasional shrubs and trees. Native grasses include needlegrass (Nassella species), deer grass (Muhlenbergia rigens), Hoover s bentgrass (Agrostis hooveri), native fescues (Festuca and Vulpia species), coast range melic grass (Melica imperfecta), wild-rye (Leymus species), meadow barley (Hordeum brachyanatherum), and others (Barbour and Major, 1977; Barbour et al., 1993; Holland and Keil, 1995). These grasses vary in habit. Needlegrass, deer grass, Hoover s bentgrass, melic grass, and meadow barley are all tufted grasses, which are often termed bunchgrasses. Wild-rye tends to be rhizomatous, forming large colonies. Other species may be annual, such as Vulpia. Unlike annual grasslands in California, which are dominated by non-native annual grasses that go to seed and die completely in summer, most native perennial grasses do not completely die back in summer; a well-developed root system up to seven or more feet (2.1 or more meters) deep (Stromberg and Kephart, 2004) allows them to persist during the hot dry months and to continue to survive the same location from year to year. In patches between the bunchgrasses, annual wildflowers, such as lupines (Lupinus species), bloom in spring or summer, depending on the species. Two sensitive annual species occur in grasslands on site: the federally endangered and state listed Pismo clarkia and the sensitive San Luis Obispo owl s clover. Herbaceous perennial species are also scattered in native grasslands, including blue-eyed grass (Sisyrinchium bellum), common yarrow (Achillea millefolium), shooting stars (Dodecatheon clevelandii), and wild hyacinth (Dichelostemma capitatum). Summer-active annuals and herbaceous perennials such as tarweeds (Madia, Hemizonia, and Deinandra species) are also present among the grasses, along with patches of coastal scrub species. In the Planning Area, native grasslands are found in several locations; these perennial grasslands tend to be found where the soil is dense and/or underlain with clay lenses and in locations that have not been previously cleared. Purple needlegrass (Nassella pulchra) and foothill needlegrass (N. lepida) are widespread in grasslands, and form dense colonies in places, along with blue-eyed grass, wild hyacinth, and western rush (Juncus occidentalis). Hoover s bentgrass is scattered at the margins of chaparral and woodland vegetation, occasionally forming dense stands of native grassland. In moister locations, California meadow barley (Hordeum brachyanatherum subsp. californicum) is also present, as is alkalirye (Leymus triticoides). Mapping of native grasslands requires careful scrutiny of both native and non-native grasses, and native grasslands can be easily overlooked. When mapping this sensitive habitat, ARCADIS only mapped native grasslands in which native perennial grasses have greater than Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C23

59 10% cover. Field mapping of potential native grasslands should be conducted on foot by qualified botanists for the parcels that have not yet been directly surveyed. The native grassland community dominated by needlegrass would be classified as Native Grassland or Valley Needlegrass Grassland in the CNDDB community classification system (Holland, 1986) and the Purple Needlegrass Series within the CNPS Manual of California Vegetation (Sawyer and Keeler-Wolf, 1995). Native Grassland has a global rank of G3 (10,000-50,000 acres worldwide) and a state rank of S3.1 (10,000-50,000 acres statewide, very threatened), as listed in the CNDDB (2007). There are approximately 6.8 acres of native grassland in the Spanish Springs Specific Plan area. Non-Native Plantings Introduced species occur in the Planning Area, particularly near structures and in drainages. The most common non-native tree is Tasmanian blue gum eucalyptus (Eucalyptus globulus); occasional California black walnuts (Juglans californica subsp. hindsii), which are presumed to be introduced in this area, occur in drainages. Tasmanian blue gum eucalyptus is listed as an invasive non-native species that threatens wildlands (Cal-IPC, 2006). The eucalyptus may be used by wintering monarch butterflies, although no roosts were observed during the wildlife surveys and the surveys were conducted during the appropriate time of year. A variety of migratory and resident songbirds, as well as raptors such as turkey vultures and a variety of hawks are known to use the eucalyptus. However, overall wildlife habitat value for this community is low because of the poorly developed understory, which eliminates heavy use by amphibians, reptiles, and small mammals. The tree plantings of eucalyptus can best be described by the Eucalyptus Series within the CNPS Manual of California Vegetation (Sawyer and Keeler-Wolf, 1995); there is no corresponding CNDDB classification. As part of non-native stands, these and other planted species are not treated in either the CNDDB or CNPS classification. There are approximately 0.7 acres of non-native plantings in the SSSP Area. WETLAND COMMUNITIES Areas with standing or flowing water or with seasonally or permanently saturated soils commonly support wetland communities. Freshwater wetlands are complex and variable, and their species composition and overall structure are dependent on a number of factors. Water depth, seasonal fluctuations in water levels, rate of water movement, water and sediment chemistry (including salinity, ph, and quantity of organic matter), depth and texture of bottom sediments, amount of sunlight, and water and air temperatures are among the most important variables affecting overall wetland dynamics. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C24

60 Along rivers and streams, fine-grained alluvial soils settle in the bottom of the drainages, and annual inundation after rains provide a significant load of nutrients, soil, and new germination sites. Both the east and west forks of Corral de Piedra Creek drain the southern slopes of the Santa Lucia Mountains and merge just north of the Planning Area in Edna Valley to form Pismo Creek. Pismo Creek meanders in a southerly direction through the center of the Planning Area before reaching the Pacific Ocean at Pismo Beach. Two tributaries of Pismo Creek drain into Pismo Creek from the east, Canada Verde and Tiber Canyon. Smaller un-named drainages also descend from the rugged slopes on and surrounding the Planning Area. Five wetland habitats were observed in the Planning Area, all directly associated with riparian drainages: Central Coast Cottonwood Sycamore Riparian Forest, Central Coast Live Oak Riparian Forest, Seasonally-flooded Vernal Swale, Coastal and Valley Freshwater Marsh, and Central Coast Arroyo Willow Riparian Forest/Scrub. It should be noted that while the sections below describe four separate habitat types using accepted vegetation classification methodology, in fact these habitats intergrade over short distances and comprise the riparian corridor from the center of the channel to creek banks and up and down the drainage; thus, the separation between habitats is not always readily visible to the casual observer. However, the habitat differences are distinct when defined by their vegetative components. The habitats are considered separately herein to reflect the differences in vegetative composition and to facilitate accurate planning for activities that could impact the drainages. A comprehensive jurisdictional wetland delineation of the Planning Area was not conducted by ARCADIS during the field surveys; however, notations of potentially jurisdictional areas were made and are discussed in the sections below.. Like the upland communities, the wetland communities discussed below are presented in order of acreage mapped in the Planning Area. Central Coast Cottonwood Sycamore Riparian Forest Central Coast cottonwood sycamore riparian forests occur along perennial streams and rivers and are dominated by a mixture of riparian trees, including black cottonwood (Populus balsamifera subsp. trichocarpa), western sycamore (Platanus racemosa), arroyo willow (Salix lasiolepis), red willow (S. laevigata), and shining willow (S. lucida subsp. lasiandra). Coast live oaks are also scattered along the upper banks of this riparian forest type, and California bay (Umbellularia californica) makes an occasional appearance. Winter-deciduous trees predominate, however, along with a diverse assemblage of associated perennial and shrubby species that thrive in soils that are seasonally to permanently wet, forming a multi-layered community in the shade of the trees. In the Planning Area, Central Coast cottonwood sycamore riparian forest forms a dense tangle of woody vegetation along Pismo Creek that crowds and shades out other growth in places, although openings and banks support mule fat (Baccharis salicifolia), creek clematis (Clematis ligusticifolia), California honeysuckle (Lonicera hispidula subsp. vacillans), California blackberry (Rubus ursinus), poison-oak, common snowberry (Symphoricarpos albus var. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C25

61 laevigatus), Santa Barbara sedge (Carex barbarae), and other wetland species that are obligate or facultative wetland indicator species (USFWS,1996). In addition, invasive species are present in these wetland forests, especially cape-ivy (Delairea odorata) and mint (Mentha piperita). Black cottonwood, western sycamore, mulefat, and Santa Barbara sedge are classified as facultative wetland plants (FACW), meaning that they usually occur in wetlands (67-99% of the time), but are occasionally found in non-wetlands, according to USFWS (1996). Red willow is classified at the upper end of this range (FACW+), and arroyo willow and shining willow are considered obligate wetland species (OBL), found in wetlands 99% of the time or more. Facultative wetland plants (FAC), found in wetland 33 to 66% of the time, include creek clematis and California blackberry (FAC+, consistently found at the upper end of this range). In the CNDDB community classification system (Holland, 1986), the riparian vegetation is part of the Central Coast Cottonwood Sycamore Riparian Forest Community. This vegetation best fits into the Sycamore Series listed in the CNPS Manual of California Vegetation (Sawyer and Keeler-Wolf, 1995). Central Coast Cottonwood Sycamore Riparian Forest has a global rank of G3 (10,000-50,000 acres worldwide) and a state rank of S3.2 (10,000-50,000 acres statewide, threatened), as listed in the CNDDB (2007). There are approximately 19.1 acres of Central Coast cottonwood sycamore riparian forest in the Planning Area. Central Coast Live Oak Riparian Forest Many ravines descending from ridges in the Planning Area support Central Coast live oak riparian forest along the drainages. Although contiguous with coast live oak woodland on nearby slopes, this vegetation can be characterized as central coast live oak riparian forest due to the dense cover of oaks along with riparian associates such as arroyo willow, occasional cottonwood and sycamore clusters, California honeysuckle, mulefat, mugwort, California blackberry, poison-oak, and others. Colonies of giant chain fern (Woodwardia fimbriata) also occur in shady, wet places in coast live oak riparian forest habitats; giant chain fern sedge is a facultative wetland plant (FACW+), occurring in wetland 66 to 99% of the time, mostly at the upper end of this range. Wetland indicator species such as Santa Barbara sedge and Indian rush (Juncus textilis) occur under the oak canopy upslope from flowing water in some locations, along with other understory species. Indian rush is classified as an obligate wetland indicator species by the US Fish and Wildlife Service (1996), meaning that it almost always occurs in wetlands (99% or more of the time) and Santa Barbara sedge is a facultative wetland plant, occurring in wetland 66 to 99% of the time. The juxtaposition of this wetland species in the understory of coast live oak creates an unusual association that has a limited distribution in the region. In the CNDDB community classification system (Holland, 1986), the vegetation along the margins of the main drainages in the Planning Area is part of the Central Coast Live Oak Riparian Forest Community. The Central Coast Live Oak Riparian Forest Community would comprise the Coast Live Oak Series in the CNPS Manual of California Vegetation (Sawyer Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C26

62 and Keeler-Wolf, 1995). Central Coast Live Oak Riparian Forest has a global rank of G3 (10,000-50,000 acres worldwide) and a state rank of S3.2 (10,000-50,000 acres statewide, threatened), as listed in the CNDDB (2007). There are approximately 16.7 acres of Central Coast live oak riparian forest in the SSSP Area. Seasonally-Flooded Vernal Swale A number of seasonally-moist vernal swales occur in the Planning Area, primarily in sunny, broad, shallow drainages that eventually join tributaries of Pismo Creek, such as the drainage at the far west end of the Planning Area (North Ranch), as well as several drainages east of Pismo Creek (South Ranch). These drainages may contain freshwater marsh species or willow forest in the lowest areas, where flowing or standing water table is often visible; the vernal swale habitat tends to occur at the more upland margins of these other wetland habitats, and experiences saturated soils primarily during the rainy season and then gradually dries. As with other wetland habitats in the Planning Area, native species diversity is high. Dominant plants include bog rush, brown-headed rush (Juncus phaeocephalus), rigid hedgenettle (Stachys ajugoides var. rigida), common spikerush (Eleocharis macrostachya), common rush (Juncus patens), wire rush (Juncus arcticus var. balticus), Mexican rush (Juncus arcticus var. mexicanus), alkali rye, and saltgrass (Distichlis spicata). Common spikerush and hedge-nettle are classified as obligate wetland plants by USFWS (1996). Brown-headed rush, Mexican rush, and saltgrass are categorized as facultative wetland plants (FACW) by the USFWS (1996), meaning that they usually occur in wetlands (67-99% of the time), but are occasionally found in non-wetlands. Bog rush is a facultative wetland plant that often occurs in wetlands (FACW+), as is wire rush. Common rush and alkali-rye occur in wetlands about half the time (FAC --33% - 66% of the time), with alkali-rye designated as FAC+; facultative wetland indicators are often found on the drier margins of the vernal swales (USFWS, 1996). Such swales are classified as Palustrine Emergent-Persistent (Juncus phaeocephalus) Seasonally-flooded Vernal-Drainage-Swale Wetland Type in Ferren et al. (1996). In the CNDDB community classification system, the vernal swales in the Planning Area would be part of the Vernal Marsh Community (Holland, 1986). The vegetation does not correspond well to any of the series listed in the CNPS Manual of California Vegetation (Sawyer and Keeler- Wolf, 1995). Vernal Marsh has a global rank of G3 (10,000-50,000 acres worldwide) and a state rank of S2.1 (2,000-10,000 acres, very threatened statewide), as listed in the CNDDB (2007). There are approximately 2.7 acres of seasonally-flooded vernal swale in the Spanish Springs Specific Plan area. Coastal and Valley Freshwater Marsh Marshes are characterized as permanently or seasonally inundated wetland communities dominated mostly by emergent sedges, rushes, cattails, and other semi-aquatic herbaceous perennials. Marshes generally occur in nutrient-rich, poorly-drained soils that are saturated Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C27

63 most or all of the year. These communities are best developed in locations with slow-moving or stagnant shallow water. Such sites commonly occur along the margins of ponds and lakes, and along the margins of slow-moving streams and rivers. Although freshwater marshes often consist of bodies of water that are ponded and permanently saturated, vegetation is also classified as marsh vegetation if it is dominated by perennial monocots and other hydrophytic herbaceous perennials, even if these species occur along the margins of streams and rivers instead of around basins. Herbaceous vegetation along Pismo Creek is dominated by monocots such as species of sedge (Carex species), rush (Juncus species), and flatsedge (Cyperus species) on the margins. Santa Barbara sedge (Carex barbarae) and Monterey sedge (Carex harfordii) are common, along with bog rush (Juncus effusus var. brunneus), iris-leaved rush (Juncus xiphioides), California bulrush (Schoenoplectus californicus), small-fruited bulrush (Scirpus microcarpus), and tall flatsedge. Patches of willow dock (Rumex salicifolius), spotted smartweed (Polygonum punctatum), water smartweed (P. lapathifolium), willow-herb (Epilobium ciliatum), common monkeyflower (Mimulus guttatus), water cress (Rorippa anagallis-aquatica), water parsley (Oenanthe sarmentosa), and other herbaceous marsh plants are found on streambanks, marshes, and in areas with slow moving water. There are several places in the Planning Area where standing water is present in shallow depressions in grasslands, between willows, or in willow and oak understory that also support marsh vegetation. These areas are often bordered by vernal swale vegetation. Some of these marsh areas are particularly conspicuous in the 1969 aerial photograph of the Planning Area. Currently, some pond and reservoirs are located in areas that have historically supported marsh and vernal swale wetlands. A particularly diverse assemblage of marsh species are found in these wetlands including black flatsedge (Cyperus niger), low clubrush (Isolepis cernua), Monterey sedge (Carex harfordii), water parsley (Oenanthe sarmentosa), and tinker s penny (Hypericum anagalloides), along with bog rush, common monkeyflower, willow-herb, water cress, spotted smartweed, duckweed (Lemna species), marsh pennywort (Hydrocotyl ranunculoides and H. verticillata), and others. Of these marsh species, Monterey sedge, water-parsley, water cress, tinker s penny, marsh pennywort, spotted smartweed, water smartweed, duckweed, all species of Schoenoplectus, Scirpus, and Isolepis, Monterey sedge, and iris-leaved rush are obligate (OBL) wetland species, meaning that they grow in wetland habitats almost always (99% of the time or more). Facultative wetland indicators (FACW) observed on site, growing in wetlands % of the time, include brown-headed rush, wire rush, bog rush, Santa Barbara sedge, and tall flatsedge. Black flatsedge is classified at the upper end of this range (FACW+) by USFWS (1996). In the CNDDB community classification system (Holland, 1986) this vegetation is considered part of the Coastal and Valley Freshwater Marsh Community, which encompasses stream margins as well as saturated soil depressions. In the CNPS Manual of California Vegetation (Sawyer and Keeler-Wolf, 1995), the freshwater marsh vegetation along most riparian corridors fits best into the Sedge Series. Coastal and freshwater marsh has a global rank of Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C28

64 G3 (10,000-50,000 acres) and a state rank of S2.1 (2,000-10,000 acres, very threatened), as listed in the CNDDB (2006). There are approximately 9.0 acres of freshwater marsh in the Spanish Springs Specific Plan area. Central Coast Arroyo Willow Riparian Forest / Scrub Portions of Pismo Creek, along with adjacent tributaries and drainages support extensive populations of Central Coast arroyo willow riparian forest. By far, the most dominant tree in this habitat is arroyo willow, although red willow and shining willow are occasionally present. Coast live oak forms a dense canopy in contiguous oak woodland habitats and appears as an associate of riparian forest, although the soils in the wettest riparian forests are too moist for mature live oak trees to persist. The arroyo willow riparian community in the Planning Area often intergrades with patches of coast live oak woodland in smaller stream corridors and adjacent wetlands. In most places, arroyo willow forms thickets along the creek banks, although other woody species sometimes serve as co-dominants. Arroyo willow and creek dogwood (Cornus sericea subsp. occidentalis) form large thickets along the western fork of Pismo Creek at the southwest end of the Planning Area (North Ranch), as well as in places along Pismo Creek and along southtrending drainages east of Pismo Creek (South Ranch). In more open drainages, coyote bush and mulefat are common. Large patches of California honeysuckle and giant creek nettle (Urtica dioica subsp. holosericea) also occur, along with mugwort (Artemisia douglasiana), blue elderberry (Sambucus nigra subsp. canadensis), California blackberry, oso berry, and poison-oak. Native herbs and grasses commonly present in this habitat include the native western verbena (Verbena lasiostachys), creeping wild-rye (Leymus triticoides), Santa Barbara sedge, bog rush (Juncus effusus subsp. brunneus), black flatsedge (Cyperus niger), and others. Patches of willow that do not seem connected to a larger riparian drainage have been mapped as part of this community due to dominance by arroyo willow and the associated high water table (indicated by standing water and/or wetland indicator species). Arroyo willow is considered an obligate wetland species (OBL), found in wetlands 99% of the time or more. Mulefat, giant creek nettle, tall flatsedge, and Santa Barbara sedge are classified as facultative wetland plants (FACW), meaning that they usually occur in wetlands (67-99% of the time), but are occasionally found in non-wetlands, according to USFWS (1996). Bog rush and black flatsedge are classified at the upper end of this range (FACW+). Facultative wetland plants (FAC), found in wetland 33 to 66% of the time, include alkali-rye and California blackberry, both designated as FAC+, wetland indicator species that are consistently found at the upper end of this range. In the CNDDB community classification system (Holland, 1986), the vegetation along Pismo Creek is part of the Central Coast Arroyo Willow Riparian Forest Community. The Central Coast Riparian Scrub Community comprises the Arroyo Willow Series in the CNPS Manual of California Vegetation (Sawyer and Keeler-Wolf, 1995). Central Coast Arroyo Willow Riparian Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C29

65 Forest has a global rank of G3 (10,000-50,000 acres worldwide) and a state rank of S3.2 (10,000-50,000 acres statewide, threatened), as listed in the CNDDB (2007). There are approximately 1.8 acres of Central Coast arroyo willow riparian forest/scrub located within the Spanish Springs Specific Plan area. Wetland Communities as Potentially Jurisdictional Waters Pismo Creek is a perennial stream that drains into the Pacific Ocean less than two miles from the Planning Area and is considered a jurisdictional Water of the United States pursuant to the definitions of the federal Clean Water Act. As such, any dredge or fill activities below the Ordinary High Water Mark (OHWM) of Pismo Creek would be regulated by the Army Corps of Engineers (Corps) under Section 404 of the Clean Water Act, and by the California Regional Water Quality Control Board (RWQCB) under Section 401 of the Clean Water Act (Water Quality Certification). The OHWM is defined in the Corps 1987 Wetlands Delineation Manual as: That line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural lines impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. The tributaries of Pismo Creek may also be subject to Clean Water Act regulation. As described in the recent findings summarized in the U.S. Army Corps of Engineers and U.S. Environmental Protection Agency joint guidance document for Clean Water Act jurisdictional determinations (Clean Water Act Jurisdiction, December 2, 2008, U.S. EPA and the Corps), the tributaries of Pismo Creek can be described as Non-navigable tributaries that are not relatively permanent and as such, would be subject to federal jurisdiction based on a factspecific analysis to determine whether they have a significant biological, chemical or physical nexus with a traditional navigable water (in this case the Pacific Ocean). Further consideration of the regulatory standing of these tributaries should be undertaken based on specific proposed activities below the OHWM. As noted previously, Pismo Creek has a clearly defined bed and banks and does meet the CDFG definition for a jurisdictional Water of the State. The area of the creek under state jurisdiction is defined as the area from top-of-bank to top-of-bank or the outer limit of riparian vegetation, whichever is greater. Project-related disturbances to Pismo Creek or its tributaries and the associated riparian resources will require consultation and permit approval (as needed) by the Corps, the RWQCB, and the CDFG. It also should be noted that the presence of state or federally listed botanical or wildlife species would require additional consideration under the state and/or federal Endangered Species Acts. As is discussed further in the Wildlife sections below, at least two listed species are known to occur in Pismo Creek and/or its tributaries (steelhead trout and California red-legged frog). Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C30

66 At least one persistently wet area was observed in the Planning Area, in the southeast corner of the Godfrey parcel, and is considered an isolated wetland From a regulatory perspective. This wet area is presumably the result of a natural seep. The boundaries of the wet area are likely to fluctuate seasonally depending upon the amount of annual rainfall. The wetland supports a variety of native and non-native wetland plant species and is anticipated to meet the three parameters (hydric soils, positive hydrology, dominance of facultative or wetland plant species) that define a wetland according to the Corps definition (U.S. Army Corps of Engineers, 1987). However, because the wetland is isolated from traditional navigable waters, it is not subject to federal jurisdiction. From a State perspective, isolated wetlands are within the jurisdiction of the RWQCB and the agency should be notified in the early project planning stages if impacts to isolated wetlands not subject to federal jurisdiction are anticipated. The California Department of Fish and Game has not officially adopted regulations pertaining to wetlands. There are two manmade reservoirs within the project area to provide water for cattle and horses; these ponds are located in a drainage that supported extensive wetland vegetation in the same locations in the 1969 aerial image. In addition, at least two basins have been installed on the PVP Tract 2554 parcel in association with recent development in this area that could receive runoff form the Planning Area. Weeds Sensitive species and habitats are subject to competition and/or displacement by aggressive non-native weeds. Several weedy species found in the Planning Area are listed by the California Invasive Plant Council as invasive weeds (California Invasive Plant Council, 2006). Because disturbance during construction can create optimal conditions for weed establishment, guidelines for monitoring and eliminating the most aggressive invasive species should be incorporated into the overall management plan for the Planning Area. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C31

67 SENSITIVE PLANTS One state and federally listed threatened or endangered botanical species was observed in the Planning Area, Pismo clarkia (Clarkia speciosa subsp. immaculata). A total of fourteen plants considered sensitive were observed in the Planning Area. Eleven of these species are listed by the California Native Plant Society (CNPS) and three are considered to be species of local concern in San Luis Obispo County (Chesnut, 2007; Dieter Wilken, pers. comm.; Interface, 1996). Of the eleven CNPS listed species, two are on List 1B.1 for plants considered seriously endangered in California; five are on List 1B.2 for plants that are rare and/or endangered in California or elsewhere, and in California, are endangered; and four are on List 4.2, plants of limited distributions that are endangered in California. CNPS 1B list plants are considered sensitive species for the purposes of CEQA analysis though they are not afforded other statutory protection. The discussion below addresses the sensitive species observed in the Planning Area. Pismo Clarkia (Clarkia speciosa subsp. immaculata) Pismo clarkia is an annual wildflower in the evening-primrose family that has thin branching decumbent stems reaching between six and 20 inches (15 to 50 centimeters) in height; often plants remain under ten inches (25 centimeters) tall in open sunny habitats, but may be taller in dense vegetation. Pismo clarkia grows in sandy soils in the Arroyo Grande region, usually in grassland vegetation adjacent to coastal scrub, maritime chaparral, and woodlands below 600 feet (183 meters). It is restricted to the marine terraces and associated slopes between the San Luis Valley and Arroyo Grande, including Price Canyon and several of its tributaries, and is also known from Carpenter Canyon and one population on Nipomo Mesa in Black Lake Canyon. Pismo clarkia is listed as federal endangered, as state rare, and is on the CNPS List 1B.1 for species that are rare or endangered in California or elsewhere and are seriously endangered in California. It is threatened by residential and commercial development, grazing, and competition with non-native grasses, including veldt grass (USFWS, 1998). It is endemic to a small portion of San Luis Obispo County. The regulatory setting for Pismo clarkia is atypical and merits further discussion. Below is a brief summary of the applicable federal and state regulatory criteria providing protection for the Pismo clarkia. Federal Regulation The Pismo clarkia is a federally-listed endangered plant species. While the Federal Endangered Species Act (FESA) prohibits take of listed wildlife and fish, Section 9(a)(2)(B) of FESA prohibits destruction of federally listed plant species only on areas under federal Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C32

68 jurisdiction. As such, federally listed plants are generally only protected if they occur on federal lands or during activities that are funded, permitted, or carried out by a federal agency (and are therefore under Federal jurisdiction). Additionally, FESA federalizes all state laws and regulations covering plant protection such that the federal government has enforcement authority if federally listed plant species are impacted in knowing violation of state law or while in violation of state trespassing laws. Specifically the language from the FESA Prohibited Acts Section discussing plants [Section 9(a)(2)(B)] makes it unlawful for any person to remove and reduce to possession any such species from areas under Federal jurisdiction; maliciously damage or destroy any such species on any such area; or remove, cut, dig up, or damage or destroy any such species on any other area in knowing violation of any law or regulation of any State or in the course of any violation of a State criminal trespass law; If a project meets any of the conditions above (i.e., occurs on federal land, is federally funded, requires federal approval, or has plant species protected by state law) an Incidental Take Statement (a type of permit) is required under Section 7 of FESA. If the project does not meet any of the conditions above, no federal permit is required or available. State Regulation The Pismo clarkia is protected under the Native Plant Protection Act (NPPA) of 1977 (CDFG Code Section ; Appendix D), an older California regulatory act that predated the California Endangered Species Act (enacted in 1984). When the California Endangered Species Act (CESA) was adopted, most species previously listed as endangered or rare were assigned new listings of endangered or threatened to provide consistency with the Federal Endangered Species Act. However, a relatively small number of species were not assigned new listings and maintained the listing of rare. The Pismo clarkia is one of these species. Unlike CESA, which provides a permitting process for take of threatened and endangered plant (and wildlife) species, the Native Plant Protection Act has no such provision. The Native Plant Protection Act provides only limited protection for plants and includes significant exemptions. The Attorney General s office as well as the Department of Fish and Game have generally asserted that the Native Plant Protection Act takes precedence over the California Endangered Species Act. Therefore, the approximately 213 rare plants are provided certain protections under the California Endangered Species Act. Like plants that have been afforded listing by the California Native Plant Society (CNPS), potential impacts to these species must be considered under the California Environmental Quality Act (CEQA), though that process does not directly provide formal protection or statutory mitigation measures, unless imposed by the lead agency. Discussion In the absence of federal jurisdiction as described above, the primary regulatory protection for Pismo clarkia is through the NPPA and CEQA. Application of the NPPA and in particular Section 1913 has been the subject of debate. The specification in Section 1913(b) that the removal of rare plants from building sites shall not be restricted has been interpreted by some to allow for the removal of rare plants as part of Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C33

69 new development projects by defining the term building site to mean the location of a proposed structure. As indicated on the CDFG website, CDFG considers the term building site to encompass work (e.g., landscaping or fire prevention measures) around an existing building. CDFG recommends that compliance with the NPPA be ascertained through a Memorandum of Agreement between project applicants and CDFG to address potential project impacts and mitigation impacts to state-listed rare plants. This is discussed further in the section describing impact avoidance, minimization, and mitigation. Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: Pismo clarkia is scattered in sandy soils in both annual and native perennial grassland habitats in the Planning Area. It is especially common west of Pismo Creek in grassland areas and in openings between oak tree clusters and in maritime chaparral. It is uncommon to absent in areas that have been previously cleared. As noted previously, Pismo clarkia, like other annual species, may not always emerge or germinate successfully in the same location each year. As such, additional surveys should be conducted in the spring preceding individual tentative tract map or site development permit applications to confirm and update the findings of previous surveys. Additionally, in response to the fluctuating sub-population sizes and locations, it is standard mapping practice to update and add to prior mapping efforts rather than to replace prior maps on an annual basis. As such, the assessment and mapping efforts in this study include data collected from 2003 to present and include all available data on Pismo clarkia locations in the Planning Area. During the 2007 field surveys, ARCADIS estimated the total number of individuals present in the subpopulations on the South Ranch and Godfrey parcels. More than 6,000 individuals occurred in 2007 with the largest subpopulation supporting more than 3,000 individuals. The other significant sub-populations generally supported between 100 and 300 individuals. Pismo clarkia was also observed on the Loughead parcel by ARCADIS and subsequently mapped but not quantified by Olberding Environmental. Although it was not observed on the Big Bird parcel in 2008, suitable habitat is present. As noted above, additional field surveys for Pismo clarkia are recommended in the spring preceding tentative tract map or site development permit applications that includes areas with potentially suitable habitat to verify its distribution. Wells Manzanita (Arctostaphylos wellsii) Wells manzanita is endemic to sandstone-derived hills in San Luis Obispo County, with dense populations in the hills north and east of Arroyo Grande and Pismo Beach. Species reports also include east San Luis Hill, upper Coon Creek, and Atascadero. Like many endemic manzanitas and ceanothus species, Wells manzanita is abundant in the center of its very restricted range, and rare to absent outside this range. It should be noted that dense stands of manzanitas are characteristic of areas that have not burned in several decades (Davis et al. 1988, Odion et al. 1992, Van Dyke, Holl, and Griffin, 2001), and the lack of Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C34

70 recent fire history in Price Canyon may be correlated with the dense stands of Wells manzanita observed at present. Wells manzanita is classified as CNPS 1B.1 for species that are rare or endangered in California or elsewhere and are seriously endangered in California. It is reportedly threatened by residential development, energy development, and mining. It is endemic to a small portion of San Luis Obispo County. Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: Wells manzanita is a dominant component of central maritime chaparral in the Planning Area. In addition, it is a frequent associate in oak woodland habitats throughout the surveyed portion of the Planning Area, including within the maritime chaparral located within the proposed Spanish Springs Specific Plan. Because of its abundance in this region, individuals were not specifically mapped. San Luis Obispo County Lupine (Lupinus ludovicianus) San Luis Obispo County lupine is endemic to San Luis Obispo County and has been designated as the official county flower. It has been found on sand or sandstone-derived soils of the Santa Margarita and Pismo formations in sunny openings adjacent to chaparral or oak woodland, and its distribution historically extended from the Salinas Valley to Arroyo Grande. However, many previously reported occurrences have been impacted by development and/or grazing and few extant populations are known to remain. Dr. Dieter Wilken of the Santa Barbara Botanic Garden and the Center for Plant Conservation asserts that it is one of the rarest plants in San Luis Obispo County (Dieter Wilken, pers. comm.). San Luis Obispo County lupine is categorized as CNPS 1B.2, a plant of limited distribution that is fairly endangered in California. It was included by the Sacramento Fish and Wildlife Office on their list of species of concern in 2004 (they no longer maintain this list -- USFWS, 2004, 2007). It is reportedly threatened by residential development, energy development, and mining. It is a San Luis Obispo County endemic, restricted to specific habitats within San Luis Obispo County. Potential Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: San Luis Obispo County lupine was not observed growing in the Planning Area. Hoover s Bent Grass (Agrostis hooveri) Hoover s bent grass is found in soils derived from sandstone and siliceous shale in openings in chaparral, coastal scrub, and woodlands below 1,800 feet (549 meters). It is found on the Burton Mesa and in the Purisima and Casmalia Hills in Santa Barbara County north to the Los Osos Valley, and extends to the east slope of the Santa Lucia Mountains (Rinconada Mine) and the hills bordering the San Luis Valley on the south (Hoover, 1970; CNDDB, 2007). Its center of distribution is Arroyo Grande and its surrounding hills. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C35

71 Hoover s bent grass is categorized as CNPS 1B.2 for species that are rare or endangered in California or elsewhere and, within California, are fairly endangered. It is threatened by residential development, energy development, and mining. It is a Central Coast endemic, restricted to specific habitats in southern San Luis Obispo and northern Santa Barbara County. Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: Hoover s bent grass is scattered in the Planning Area (including within the proposed Specific Plan boundaries) in openings at the edges of central maritime chaparral and oak woodland. It is often found in association with other herbaceous perennials and subshrubs such as coast horkelia (Horkelia cuneata subsp. cuneata) and deer weed (Lotus scoparius). Due to the dense vegetation on the surveyed parcel, not all openings in chaparral were explored and, therefore, not all individuals have been mapped. San Luis Mariposa Lily (Calochortus obispoensis) San Luis mariposa lily is a slender herbaceous perennial that arises from fibrous-coated bulbs each winter, reaching one to three feet (30 to 91 centimeters) in height by late spring or early summer. The basal leaves are about ten inches long (20 to 30 centimeters) and often are withered by the time the plant produces flowers in late spring and early summer. The flower stalks are narrow and branched, each bearing a few reduced inrolled leaves and producing distinctive flowers at their tips. Each flower consists of three one-inch (2.5 centimeters) yellowish sepals and three one-inch (2.5 centimeters) hairy yellow petals that narrow from a broad base to a reddish to purplish tip covered with long dark tufts of hairs. At the base of each petal is a glabrous (hairless) nectary hidden between the bordering hairs. The two to six flowers often open one at a time. The linear fruits are about one to two inches (3 to 4 centimeters) long. Because of the slender aspect of this plant, short flowering period, and very few flowers visible when blooming, the San Luis mariposa lily is difficult to spot amongst the shrubs and herbaceous species with which it coexists. San Luis mariposa lily is endemic to a small portion of San Luis Obispo County and usually is found on serpentine in grassland, coastal scrub, and chaparral habitats, although it has been found growing on sandstone at Indian Knob, Carpenter Canyon, Canyon Number 1 (CNDDB, 2007), and immediately south of the Planning Area. Its localized range extends from the Cambria and the Cuesta Pass region southwards towards Arroyo Grande. San Luis mariposa lily is categorized as CNPS 1B.2, a plant of limited distribution that is fairly endangered in California. It is threatened by residential development, energy development, grazing, recreation, road construction, and mining. It is a San Luis Obispo County endemic, restricted to a narrow portion of San Luis Obispo County. Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: San Luis mariposa lily was observed by ARCADIS in a few small pockets adjacent to central maritime chaparral east of Pismo Creek within the proposed Spanish Springs Specific Plan area. These locations tended to be at the top of ridges on small shelves of hard soil immediately adjacent to Wells Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C36

72 manzanita and chamise. Less than 10 individuals were observed in 2007; these were located in different locations than previously mapped. In 2003, approximately 50 individuals were observed at one location of disturbed maritime chaparral on South Ranch; the San Luis mariposa lily was not observed at this location during the 2007 surveys, but is likely still present. This species is difficult to find and may be present elsewhere in the Planning Area. San Luis Obispo Owl s-clover (Castilleja densiflora subsp. obispoensis) San Luis Obispo owl s-clover is found in grasslands in San Luis Obispo County, especially those dominated by purple needlegrass. It extends along the coast from the Monterey County border to the Pismo Beach area. San Luis Obispo owl s-clover is categorized as CNPS 1B.2, a plant of limited distribution that is fairly endangered in California. It is threatened by residential development, energy development, grazing, recreation, road construction, and mining. It is a San Luis Obispo County endemic, restricted to a narrow portion of San Luis Obispo County. Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: San Luis Obispo owl s-clover was observed in a few locations on the Big Bird parcel, especially mixed with other native grassland species on grassy slopes above ravines dominated by oak woodland. Dried plants with features of the San Luis Obispo owl s clover were observed in September 2008 on the Spanish Springs parcel; identifying features are present when the plant is in bloom, so additional surveys in this area may be necessary in the spring prior to development. (It may also be present on the Big Bird parcel, which was not directly surveyed during the spring months.) Black-flowered figwort (Scrophularia atrata) Black-flowered figwort is found in bishop pine forest, central maritime chaparral, coastal dunes, coastal scrub, and riparian scrub vegetation in Santa Barbara and San Luis Obispo Counties. In San Luis Obispo County, it is best developed on diatomaceous and calcareous soils near Avila and in the hills bordering the San Luis Valley (including Indian Knob and Price Canyon), south to Nipomo Mesa (Hoover, 1970; CNDDB, 2007). In Santa Barbara County, it is scattered in coastal sage scrub and other plant communities from Point Conception to Burton Mesa, and north to Coralville s Canyon near Point Sal (Smith, 1998). Black-flowered figwort was included by the Sacramento Fish and Wildlife Office on their list of species of concern in 2004 (they no longer maintain this list - USFWS, 2004, 2007). It is categorized as CNPS 1B.2 for species that are rare or endangered in California or elsewhere and, within California, are fairly endangered. It is threatened by residential development, energy development, and mining. It is a Central Coast endemic, restricted to specific habitats in San Luis Obispo and Santa Barbara County. Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: Black-flowered figwort is scattered in the Planning Area, Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C37

73 especially south of the Spanish Springs and Godfrey parcels in oak woodland habitats. It was frequently observed in the understory of coast live oak trees at various elevations; because oak-woodland is so abundant in the Planning Area, black-flowered figwort is likely to occur in many areas where it was not specifically mapped. It is best identified when in flower in spring and early summer and cannot be identified with certainty from vegetative features. It is also found north of the Planning Area in shale-derived soils. The more common California figwort was the primary species of Scrophularia observed at Spanish Springs, however, although many individuals were not flowering at the time of ARCADIS surveys. Additional surveys in spring may be necessary to confirm the exact distribution of this species in future construction areas. Lompoc (Coast) Ceanothus (Ceanothus cuneatus var. fascicularis) Lompoc ceanothus, also called coast ceanothus, is an endemic variety of the more wideranging buckbrush ceanothus (Ceanothus cuneatus var. cuneatus). It rarely exceeds ten feet (3 meters) in height, though prostrate forms have been observed at Point Sal (Smith, 1998). Lompoc ceanothus is scattered in central maritime chaparral and moister phases of central coastal scrub from Morro Bay south to Nipomo Mesa in San Luis Obispo County. It also occurs in central maritime chaparral and central coastal scrub in northern Santa Barbara County. It should be noted that dense stands of Lompoc ceanothus are most common in the first 25 years after fire (Davis et al. 1988, Odion et al. 1992, Van Dyke, Holl, and Griffin, 2001); the lack of recent fire history in Price Canyon may explain the limited density of this species in any given area at present. The Lompoc ceanothus is listed on CNPS List 4.2, a plant of limited distribution that is fairly endangered in California. It is a Central Coast endemic, restricted to specific habitats in San Luis Obispo and Santa Barbara County. Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: Lompoc ceanothus is scattered in many locations in central maritime chaparral in the Planning Area (including within the proposed Spanish Springs Specific Plan area). Because of its widespread distribution in central maritime chaparral, it was not specifically mapped. Saint s Daisy (Erigeron sanctarum) Saint s daisy is found in hard sandy soils in coastal scrub, chaparral, and oak woodland communities in Santa Barbara and San Luis Obispo Counties. In San Luis Obispo County, it is found near Arroyo de la Cruz and Cambria, as well as in Carpenter Canyon. Saint s daisy is categorized as CNPS 4.2, a plant of limited distribution that is fairly endangered in California. It is a Central Coast endemic, restricted to specific habitats in San Luis Obispo and Santa Barbara County. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C38

74 Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: A few individuals of Saint s daisy were observed on a ridge-top east of Pismo Creek (on the South Ranch within the Spanish Springs Specific Plan area), in disturbed maritime chaparral. This diminutive plant may be present elsewhere in the Planning Area, but is difficult to find. Curly-leaved Monardella (Monardella undulata) Curly-leaved monardella is found in isolated patches in sandy soils in openings in dune scrub and coastal sage scrub from Ventura County (one specimen) north in a few locations to Marin County. Curly-leaved monardella is categorized as CNPS 4.2, a plant of limited distribution that is fairly endangered in California. Potential Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: Curly-leaved monardella was found in open sandy areas on the top and upper slopes of the ridge west of Pismo Creek outside the Planning Area. It was not observed in the Planning Area, which lacks the open sand habitats observed to the north. California Spineflower (Mucronea californica) This annual herb is known from sandy soils from Atascadero to La Panza Range and south to Pozo. It is found sporadically along the coast from Morro Bay southwards to Nipomo Mesa, and also occurs on the sand sheets of northern Santa Barbara County. It has also been reported from limited localities in the Los Angeles Basin and the Cajon Pass area and Santa Ana River Wash near Redlands in San Bernardino County. It is categorized as CNPS 4.2, a plant of limited distribution that is fairly endangered in California. Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: California spineflower occurs in sandy openings in several areas that support central coastal scrub and central maritime chaparral on the South Ranch and Godfrey parcels within the proposed Spanish Springs Specific Plan area. It was not observed on any of the other parcels in the Planning Area, which lack the open sand habitats observed to the north. However, additional field mapping of California spineflower may be necessary to verify its distribution in development areas at the appropriate season prior to construction. Small-seeded Fiddleneck (Amsinckia spectabilis var. microcarpa) This local endemic species occurs in sandy soils along the coast of southern San Luis Obispo County from Morro Bay to Nipomo Mesa and into northern Santa Barbara County to Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C39

75 Lompoc. It is a Central Coast endemic, restricted to specific habitats in San Luis Obispo and Santa Barbara County. It is considered to be a species of local concern in Santa Barbara County (Wiskowski, 1988) and is also included on a draft list of species of local concern in San Luis Obispo County (Chesnut, 2007). Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: Small-seeded fiddleneck occurs in small numbers in sandy openings near central maritime chaparral and oak woodland on the South Ranch parcel within the Spanish Springs Specific Plan area and may be present elsewhere as well. Nipomo Ceanothus (Ceanothus impressus var. nipomensis) This subspecies is found in sandy soils in chaparral and coastal scrub vegetation on Nipomo Mesa; in addition, a few individuals were observed at Spanish Springs and north of the Planning Area as well. A closely related variety from Santa Barbara County, C. impressus var. impressus, occurs from Lompoc to Point Sal and Orcutt and has smaller darker green leaves with more strongly revolute margins and impressed veins, a more intricate branching habit, and smaller stature. Research on C. impressus var. impressus suggests that it is a fire-dependent shrub and is most abundant in the first ten years after a wildfire (Davis et al., 1988, Odion et al., 1992). The fire regime for Nipomo ceanothus has not been studied, but it is quite likely that this plant would be more common in the Planning Area in the first decade after a fire. Nipomo ceanothus is endemic to San Luis Obispo County in a small area; fewer than twenty individuals were observed in Price Canyon as a whole. The Price Canyon population was originally discovered by Howard McMinn, who described the variety nipomensis in 1942 (Fross and Wilken, 2006); this population may not have been observed in intervening years until its recent sighting by ARCADIS (Dieter Wilken, pers. comm.). Fross and Wilken (2006) state that Ceanothus impressus is a species of special conservation concern, resulting from a highly restricted distribution and loss of habitat, especially in the case of variety nipomensis. Ceanothus impressus is considered to be a species of local concern in Santa Barbara County (Wiskowski, 1988), and variety nipomensis is also included on a draft list of species of local concern in San Luis Obispo County (Chesnut, 2007). Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: One individual was observed on the Godfrey parcel within the Spanish Springs Specific Plan area, as well as immediately north of the Planning Area and south of Ormonde Road. This sensitive species may be present elsewhere in small numbers. These few individuals were all noted fairly near to a roadside, perhaps suggesting the presence of seed in the soil and their occasional germination after scarification following some type of soil disturbance, rather than germinating after fire, as this species normally does. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C40

76 SENSITIVE WILDLIFE SPECIES Sensitive wildlife species identified in this section represent state or federally listed or otherwise sensitive wildlife species from the Pismo Beach Quadrangle or neighboring quadrangles that are known to occur or potentially occur in the Planning Area. The sensitivity status of each species is provided through the use of codes, defined as the following: United States Fish and Wildlife Service (USFWS) FE Federally Endangered FT Federally Threatened FSC Federal Special Concern Species California Department of Fish and Game (CDFG) CE California Endangered CT California Threatened CSC California Species of Concern SENSITIVE WILDLIFE SPECIES FINDINGS No state or federally listed threatened or endangered species were observed during the 2007/2008 surveys. However, the Planning Area is known to support two federally-listed species: the California red-legged frog (Rana draytonii; CRLF; threatened) and the south-central California coast steelhead trout (Oncorhynchus mykiss irideus; threatened) and provides suitable habitat for several other sensitive wildlife species Some of the sensitive species listed in the CNDDB for the Pismo Beach and surrounding quadrangles are not discussed below due to the lack of species-specific habitat requirements present in the Planning Area. Species such as the tidewater goby (Eucyclogobius newberryi) and western snowy plover (Charadrius alexandrinus nivosus) are examples of species whose habitat requirements are not met by the existing conditions in the Planning Area. Several raptor species utilize the Planning Area and are discussed here because they could nest in or near the Planning Area. Raptor species observed in the Planning Area include the red-tailed hawk (Buteo jamaicensis), Cooper s hawk (Accipiter Cooperii), great horned owl (Bubo virginianus), red-shouldered hawk (Buteo lineatus), white-tailed kite (Elanus leucurus), golden eagle (Aquila chrysaetos) and American kestrel (Falco sparvarious). Other raptor species such as the barn owl (Tyto alba) and western screech owl (Otus kennicotti) though not observed are also expected to use the Planning Area on a consistent basis. The loggerhead shrike (Lanius ludovicianus) may also nest in the Planning Area. Raptors such as the northern harrier (Circus cyaneus), merlin (Falco columbarius), prairie falcon (Falco mexicanus), sharp-shinned hawk (Accipiter striatus) and ferruginous hawk (Buteo regalis) may utilize or occur inconsistently in the Planning Area but are not expected to nest in the Planning Area. All raptors and their active nests are protected under the California Fish and Game code (Section ) and the federal Migratory Bird Treaty Act (MBTA). Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C41

77 All birds included on the federal list of migratory non-game birds, and their active nests, are protected by law under the federal MBTA. The following is a summary of sensitive wildlife species occurring or potentially occurring in the Planning Area. The species are listed in order of rarity and protection status. Steelhead Trout (Oncorhynchus mykiss irideus) The south-central California Coast steelhead Distinct Population Segment (DPS; FT/CSC) occupies rivers from the Pajaro River, Santa Cruz County to Point Conception (Santa Barbara County) in the south. Steelhead trout are anadramous fish, hatching in fresh water, migrating to the sea, and returning to fresh water to spawn in gravel beds of rivers and streams. Steelhead trout require clean, cool, well oxygenated water to complete their life cycle. Spawning grounds require gravel beds of unobstructed areas of the streambed. Unlike Pacific salmon, steelhead may make more than one trip to the ocean during their life cycle. They may spawn up to four times in a lifetime following return trips to the sea for up to a year at a time. Water diversion and regulation along with habitat alteration and destruction are the main reasons for the rapid decline of this pacific coast salmonid. Pismo Creek is included as part of the designated critical habitat for the south-central California Coast steelhead (Federal register Vol. 70, No page 52574). Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: Pismo Creek is a documented historical steelhead creek and is included as part of the designated critical habitat for the south-central California Coast steelhead DPS. The creek in the location of the Planning Area and Specific Plan area provides suitable habitat for steelhead when water conditions are met although this creek is ephemeral under current conditions. Any proposed plan activities potentially affecting steelhead and their habitat in the creek will require evaluation and consideration under the Federal Endangered Species Act. The National Marine Fisheries Service (NMFS) is the trustee agency for this species. California Red-legged Frog (Rana aurora draytonii) The red-legged frog's (FT/-) historical range extended from the vicinity of Point Reyes National Seashore, Marin County, California, coastally, and from the vicinity of Redding, Shasta County, California, inland, south to northwestern Baja California, Mexico (United States Fish and Wildlife Service [USFWS], 2000). Breeding for the California red-legged frog takes place from late November to late April. Males usually show up at breeding pools two to four weeks ahead of females and commence vocalizations. Egg masses containing from 2000 to 5000 dark, reddish brown eggs are laid in pools among emergent vegetation. Eggs hatch in 6-14 days and tadpoles metamorphose in months. Juvenile frogs reach maturity in 3-4 years. California red-legged frogs may live up to ten years (Storer, 1925; Jennings and Hayes, 1990). Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C42

78 Red-legged frogs reside in and around deep, cold, still or slow moving water of ponds, reservoirs, marshes, streams, and other typically permanent bodies of water, especially where cattails or other plants provide good cover (Stebbins, 1985). The absence of bullfrogs (Rana catesbeiana) and non-native predatory fish is essential in order for these microhabitats to sustain viable populations of red-legged frogs (Hayes and Jennings, 1988). Observations of CRLF in Pismo Creek have been recorded as recently as spring of 2008 (Central Coast Salmon Enhancement 2008). A record in the CNDDB indicates that CRLF have been found in a tributary to Pismo Creek located immediately adjacent to the Planning Area. One bullfrog was detected audibly when it jumped from the bank and into Pismo Creek during the LFR wildlife survey. The full extent of the bullfrog population in Pismo Creek is not known, however, it is important to recognize that over time, bullfrogs can and do out compete California red-legged frogs in natural settings. It should be noted that a formal USFWS protocol level survey for the California red-legged frog was not conducted as part of the studies for this document. Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: The California red-legged frog was not observed by ARCADIS during routine wildlife surveys; however, the species is known to occur in Pismo Creek, and at least one of its tributaries adjacent to the Planning Area. Several of the stock ponds in the Planning Area offer potentially suitable conditions for this species as well. Notably, an important CRLF predator, bullfrogs (Rana catesbeiana), were detected in Pismo Creek during the wildlife survey. Southwestern Pond Turtle (Actinemys marmorata ssp. pallida) The southwestern pond turtle (-/CSC) inhabits permanent or nearly permanent bodies of water in a variety of habitat types. Lakes, rivers, streams, and ponds are typical habitats where the southwestern pond turtle can be found. It requires basking sites such as rock islands, partially submerged logs, vegetation mats, or open mud banks. The southwestern pond turtle feeds primarily on insects, worms, fish, and carrion. A clutch of 3 to 11 eggs is laid April through August in soft, sandy soils near waterways (Stebbins, 1985). Southwestern pond turtles are closely associated with perennial water bodies such as ponds, lakes, and streams. Pismo Creek through the Planning Area is a perennial creek that maintains suitable aquatic habitat for the southwestern pond turtle throughout the year. Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: Two southwestern pond turtles were observed in Pismo Creek during field surveys. California Horned Lizard (Phrynosoma coronatum frontale) The California horned lizard (-/CSC) is found in a variety of habitats including grassland, oak woodland, and maritime chaparral. The California horned lizard requires loose sandy soils, preferably in the presence of low shrubs that provide shade and cover from predators. Additional requirements are open areas used for sunning, and the presence of ants and other insect prey. Eggs are laid in sandy soils from April through June (Stebbins, 1985). Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C43

79 All of the aforementioned habitat requirements for this species exist in the Planning Area. Encroachment of non-native invasive weed species (especially veldt grass) resulting in the loss of open sandy areas favored by California horned lizards threatens the success of this species in the Planning Area. Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: California horned lizards are known to occur in Price Canyon on neighboring parcels and while none were observed during the ARCADIS surveys, they are assumed present in suitable habitat throughout the Planning Area (including within the proposed Spanish Springs Specific Plan area). Silvery Legless Lizard (Anniella pulchra pulchra) The silvery legless lizard (FSC/CSC) is a pencil sized fossorial species reaching a length of approximately seven inches (18 centimeters) and spending much of its time in underground burrows. This lizard is found in loose loamy or sandy soil with patchy shrub cover, and frequents chaparral, coastal scrub, pine-oak woodland, and streamside growth of sycamores, cottonwoods, and oaks. The silvery legless lizard favors the loose litter under sycamore, oak, and cottonwood trees. The silvery legless lizard bares live young and typically one to four young are born in the fall. The diet of the silvery legless lizard consists primarily of insects and spiders (Stebbins, 1985). Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: Silvery legless lizards were not observed during ARCADIS surveys. Coastal scrub, chaparral and oak woodland habitat in the Planning Area provides sandy soil in association with low shrub cover. The Planning Area has excellent habitat for the silvery legless lizard and the species is assumed to occur in suitable habitat in the Planning Area (including within the proposed Spanish Springs Specific Plan area). Western Burrowing Owl (Athene cunicularia hypugaea) The burrowing owl (SC/CSC) inhabits open country of grasslands, prairies, and fields. It often uses the burrows of ground squirrels and other small mammal species for shelter and nesting. It is generally a nocturnal raptor, but can often be observed roosting outside of burrow entrances during the day. The burrowing owl feeds mainly on insects, small mammals, birds and reptiles. Adult burrowing owls are heavily barred and spotted while the juveniles show more of a contiguous buffy pattern below. From six to eleven eggs are incubated by both male and female adult owls and young fledge approximately 28 days after hatching from the egg. The burrowing owls long legs are unique in comparison to other owls of its size. Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: The burrowing owl was not observed. The Planning Area (including the proposed Spanish Springs Specific Plan area) has suitable habitat for the western burrowing owl including many California ground squirrel burrows which are often used by the burrowing owl. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C44

80 White-tailed Kite (Elanus leucurus) The white-tailed kite (-/CSC; Fully Protected ) depends upon relatively undisturbed oak woodland, grassland, and/or coastal sage scrub habitat for successful breeding. Small mammals are the normal prey item of this species. Three to six eggs are laid as early as mid-march and as late as the end of May. Young fledge approximately 35 to 40 days after hatching. White-tailed kite habitat often has a stretch of riparian corridor in which to nest (particularly cottonwoods, but including eucalyptus, willows, and live oaks), and adjacent open fields in which to hunt. Nests are usually well hidden in the tree canopy (Dixon et al., 1957). White-tailed kites are known to occur on property surrounding the Planning Area and are expected to occur in the Planning Area itself. Kites favor the open terrain of grassland, oak woodland, and coastal scrub. Habitat existing in the Planning Area is considered of optimal suitability to support the white-tailed kite. Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: The white-tailed kite was not observed in the Planning Area. The Planning Area (including the proposed Spanish Springs Specific Plan area) has suitable foraging and nesting habitat for the white-tailed kite. Golden Eagle (Aquila chrysaetos) The golden eagle (-/CSC; Fully Protected ) is a fairly common raptor in the region preferring open country of foothills and mountainsides. Nests are typically built in tall trees as well as on cliffs and power line towers. The golden eagle generally feeds on medium sized mammals such as cottontail rabbits, ground squirrels, and jackrabbits, as well as on snakes and carrion. It is a large dark bird. Adult eagles have a brownish or tawny wash on the back of their head and neck. The tail is faintly banded on a dark background. Juveniles have no wash on the head and neck, white wing patches on the ventral side of the wing, and a white tail with a thick terminal band. Incubation of typically two eggs lasts approximately 44 days and young eaglets fledge in days (Ehrlich et al., 1988). Golden eagles are commonly observed in San Luis Obispo County. Rabbits and California ground squirrels observed in the Planning Area present suitable foraging opportunities for the golden eagle. Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: A golden eagle was observed during field surveys. While the Planning Area (including the proposed Spanish Springs Specific Plan area) presents suitable foraging habitat for the golden eagle, the species is not expected to nest in the Planning Area. Prairie Falcon (Falco mexicanus) The prairie falcon (-/CSC) is a large falcon of the open country and prairies. It hunts small birds and mammals, and typically nests on cliff ledges and potholes in sandstone rock faces. This falcon is basically solid brown on the back and light on the front with brown streaking or spots on Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C45

81 the chest and wings. Two brown stripes (malar stripes) under and behind the eye are conspicuous. It exhibits the typical falcon characteristics of long pointed wings and somewhat short tail. Two to seven eggs are typically laid and young fledge approximately 40 days after hatching. There is suitable foraging habitat and potentially suitable but marginal nesting habitat for the prairie falcon in the Planning Area. Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: The prairie falcon was not observed during the field surveys. The prairie falcon may occur occasionally as a transient through the Planning Area (including the proposed Spanish Springs Specific Plan area). Loggerhead Shrike (Lanius ludovicianus) The loggerhead shrike (FSC/CSC) is found in dry open habitat types including the grassland/chaparral interface. The loggerhead shrike is known for its habit of impaling prey items such as lizards, small mice, and large insects on the spines of thorn bushes or on barbed wire fencing. It generally hunts from low perches such as fence posts, wires, and the tops of low bushes. Shrikes lay five to six eggs in an open cup shaped nest well hidden in the crotch of a tree branch. Egg laying commonly begins in April and young fledge in about 34 days (Ehrlich et al., 1988). Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: The loggerhead shrike was not observed in the Planning Area. The Planning Area (including the proposed Spanish Springs Specific Plan area) has suitable foraging and nesting habitat to support the loggerhead shrike. Cooper s Hawk (Accipiter cooperii) The Cooper s hawk (-/CSC) is a crow-sized raptor with relatively short-rounded wings and a long tail. It feeds predominantly on small to medium sized birds, but will also take mammals such as wood rats, small rabbits, and reptiles. The breeding season for the Cooper s hawk begins in mid March to early April. Nests are typically built in the upper canopy of a dense stand of trees such as live oak or cottonwood. Nests are occasionally built atop a wood rat or squirrel nest (Meng and Rosenfield, 1988 in Roberson and Tenney, 1993). The Cooper s hawk is generally considered a secretive species, but commonly breeds within urban settings. The Cooper s hawk was observed in the Planning Area during surveys by ARCADIS. The Cooper s hawk is expected to utilize the Planning Area for foraging purposes on a year-round basis and may nest in the Planning Area. Presence in the Planning Area (Including Within the Proposed Spanish Springs Specific Plan Boundaries): The Cooper s hawk was observed in the Planning Area. The Planning Area (including the proposed Spanish Springs Specific Plan area) offers excellent foraging and nesting habitat for the Cooper s hawk. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C46

82 Tricolored Blackbird (Agelaius tricolor) The tricolored blackbird (FSC/CSC) is endemic to California. Statewide the population has declined by almost 90% over the last 50 years to about 51,600 adults. Where colonies of 150,000 pairs were once reported during the 1930s, there is currently no colonies known to exist with more than 5,000 pairs (Beedy et al., 1991). The tricolored blackbird is found in freshwater marshy areas, farm and other ponds, with cattails, tules, and rushes. The species close association with freshwater ponds and marshes makes it susceptible to drought and drainage of wetlands. Tricolored blackbirds nest in colonies that usually consist of a least 50 or more pairs. Breeding takes place from April through June and may include more than one clutch of young. Fledging of young occurs days after the two-week incubation period (Roberson and Tenney, 1993) Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: The tricolored blackbird was not observed during field surveys. There is one stock pond on the Planning Area (including the proposed Spanish Springs Specific Plan area) that could provide suitable habitat for the tricolored blackbird. Ferruginous Hawk (Buteo regalis) The ferruginous hawk (FSC/CSC) is a large raptor that is often observed perched on the ground in open fields, on power poles, or in trees while it searches for prey species (usually small to medium sized mammals). It has longer, more pointed wings than the red-tailed hawk, and its wings form more of a dihedral when soaring. It is not uncommon for this species to hunt from a high soar, or to hover for brief periods when hunting. It is generally found in dry, open fields and grasslands. Adults have rufous colored feathers extending down the tarsi to the ankle, crescent shaped white wing patches on the dorsal surface of the wings, and a large gape to the mouth which extends under the eye. The tail is generally off-white or gray with a faint terminal band. Ferruginous hawks are known to winter in San Luis Obispo County. Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: The ferruginous hawk was not observed in the Planning Area. The Planning Area (including the proposed Spanish Springs Specific Plan area) contains suitable foraging habitat for the ferruginous hawk. American Badger (Taxidea taxus) The American badger (-/CSC) is found in open grassland, coastal scrub, chaparral, and oak woodland. Ground squirrels and other small rodents, such as the kangaroo rat, are common prey items of the badger. The American badger is generally nocturnal, but is sometimes observed active in the daytime. Burrow openings of this species are elliptical and approximately eight to twelve inches (20.3 to 30.5 centimeters) wide. Young are born in March and April (Whitaker, 1996). Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C47

83 The presence of California ground squirrels in the Planning Area presents a favored prey base for the badger. Scratch marks, honeycomb, and tailings observed at the entrance to some of the ground squirrel burrows may have been the result of a foraging badger. Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: The American badger was not observed during field surveys. American badgers are known to occur in San Luis Obispo County. The Planning Area (including the proposed Spanish Springs Specific Plan area) has suitable habitat for the American badger. Species not observed and / or not likely to be present due to habitat limitations include: California Tiger Salamander (Ambystoma californiense) The information in this paragraph is adapted from the Federal Register: 65 FR (Endangered and Threatened Wildlife and Plants; final rule to List the Santa Barbara County distinct Population of the California Tiger Salamander as Endangered; Final rule) and from Western Reptiles and Amphibians (Stebbins, 1985). The California tiger salamander is a member of the family Ambystomatidae. It was formerly considered a subspecies (Ambystoma tigrinum californiense) of the A. tigrinum complex, but was recognized as a distinct species in The range of this species is limited to the Central Valley and coast of California. The California tiger salamander inhabits grassland and open woodland areas, breeding in the still or slow-moving waters of vernal pools, reservoirs, and streams. Adults spend the majority of their time in burrows of ground squirrels and pocket gophers, emerging during the first significant rains of the wet season and possibly traveling as far as 1.2 miles (1.9 km) to reach breeding areas. Females lay from 400 to 1300 eggs per breeding season, which they deposit individually or in small clusters on submergent vegetation or other stationary debris. Eggs hatch in 10 to 14 days. Initially, larval salamanders feed on algae, small crustaceans, and mosquito larvae. Gradually they include larger prey items such as tadpoles and smaller salamander larvae. Tiger salamander larvae reach maturity in 60 to 94 days. There are seven records in the CNDDB for CTS found in San Luis Obispo County none of which are within five miles of the Planning Area. Never the less, several stock ponds in the Planning Area have aquatic habitat that could be considered potentially suitable for breeding by CTS. The larger of these potential breeding sources is thought to contain bluegill (Lepomis macrochirus); a non-native game fish that would prey upon CTS larvae and would likely preclude the potential for successful CTS breeding to occur. Three smaller stock ponds appear to have been created relatively recently and it is unlikely that these water bodies have been in existence of long enough duration to support breeding by CTS. Pismo Creek could be considered a potential CTS breeding source in the Planning Area; however, it does not provide the type of aquatic conditions necessary for CTS breeding (standing water for ten weeks extending into April). There are no other suitable aquatic habitats known to exist in the Planning Area. The upland habitat in the Planning Area (open grassland, oak woodland) could be suitable for CTS dispersing to or from a nearby breeding pond; however, there are no known CTS breeding ponds within 1.2 miles of the Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C48

84 Planning Area (the distance recognized by USFWS as the maximum dispersal distance traveled by CTS away from a breeding site). Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: Evidence of CTS was not found during general surveys. The Planning Area (including the proposed Spanish Springs Specific Plan area) has potentially suitable upland and breeding habitat for CTS, however; the Planning Area is located more than five miles from the nearest CNDDB recorded observation of CTS. A lack of CNDDB records from the Planning Area and surrounding areas within five miles suggests that the species does not occur on or near the Planning Area. Monarch Butterfly (Danaus plexippus) The monarch butterfly does not have federal or state listing status, but is included as a sensitive species in the CNDDB. Winter roost sites have been found from Northern Mendocino County to Baja California, Mexico with several known sites on the central coast. The listing by CDFG is based on the limited wintering roost sites within the central coast portion of the butterfly s West Coast wintering range. The monarch butterfly can be found in a variety of habitats, especially those supporting milkweed plants (Asclepias species), the primary food source of the caterpillars. These butterflies frequent grasslands, prairies, meadows, and wetlands, but avoid dense forests. In the winter, monarchs cluster together in large numbers in eucalyptus, cypress, and Monterey pine trees, often on the edge of open areas. The closest known wintering monarch butterfly roost site is along Highway 1 in the City of Pismo Beach several miles from the Planning Area. Presence in the Planning Area R and Proposed Spanish Springs Specific Plan Boundaries: The Planning Area lacks suitably sized stands of eucalyptus, Monterey pine or other suitable trees that provide typical roost site conditions for wintering monarch butterflies. No winter roost aggregations sites were observed during surveys conducted at the appropriate time of year or have been reported to occur in the Planning Area. WILDLIFE MOVEMENT In addition to the sensitive species discussed above, it is important to consider that the Planning Area provides foraging, breeding, and dispersal habitat for a large number of common wildlife species as well. While these species are not given the same legal protection as those species classified as sensitive or rare, they play an integral role both as individual species and collectively in the functional value of the ecosystems. The Planning Area, in combination with surrounding properties to the north and west, is highly valuable to wildlife in the area because it is large enough to support diverse functional communities in terms of prey base, cover, foraging and breeding opportunities, and because it provides sufficient area for both physical and healthy genetic exchange within individual species. Currently, the 1,264-acre Planning Area is relatively un-fragmented, with Price Canyon Road representing the primary obstacle for wildlife dispersing through the area moving east and west. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C49

85 The Planning Area presumably functions as an important local dispersal corridor between inland and coastal locations and between the different habitat types in the area for deer, coyote, bobcat, mountain lion, fox and many other ground-dwelling wildlife species. In addition, the willow riparian corridor along Pismo Creek through the Planning Area is an important movement corridor providing food and cover for many wildlife species including aquatic and semi-aquatic species and species that prey on them. Willow riparian systems such as the one along Pismo Creek represent invaluable habitat for many passerine bird species migrating along the coast and provide complex food webs supporting high species diversity from invertebrates and amphibians to fishes, reptiles, and mammals. 3. Impact Analysis Environmental Impact Significance Criteria Appendix G of the CEQA guidelines provides a basis for determining if the General Plan Update or Spanish Springs Specific Plan project would have a substantial adverse effect on biological resources. For the purposes of this analysis, a significant impact from project activities could result from the following: Substantial adverse direct or indirect effect on any special-status species including habitat modification. Substantial adverse effect on any riparian habitat or other natural communities of special concern. Substantial effect on any federally protected wetlands or other Waters of the U.S. Substantial adverse effect or interference with the movement of any native resident or migratory fish or wildlife species or wildlife nursery areas. Conflict with any local policies protecting biological resources or adopted Habitat Conservation Plans or Natural Community Conservation Plans. The City General Plan has policies that provide additional guidance for determining significant impacts: Based on policy CO-13 as modified as part of the General Plan update removal of native oak trees would be considered a significant impact. Based on policy CO-14 substantial disruption of riparian vegetation would be a significant impact. ( No significant disruption of riparian vegetation will be permitted ). Based on policy CO-21 encroachment within 100 feet of the riparian zone along Pismo Creek would be a potentially significant impact. Based on policy CO-28 grading within the stream bank is potentially significant. Proposed Policies LU-R-9 and 10 provide a policy framework for better watershed management and establish a Habitat Resource Zone within the Planning Area subject to a higher level of habitat management than required by existing policies. Proposed changes to Policy CO-13 would allow oak trees to be removed under certain conditions in Planning Area R, as discussed in the following analysis. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C50

86 Analysis of General Plan Update As stated previously, the General Plan Update by itself does not authorize any development and certainly does not authorize any particular plan of development within Planning Area R. Under the proposed policies, development would only be allowed if authorized as part of an approved Specific Plan. Nevertheless, the General Plan policies that would be applicable to the Planning Area if the City Council approves the General Plan Update would ultimately allow potentially significant impacts to biotic resources, as the General Plan Update envisions that, over time, development of roads, infrastructure, homes, resort and commercial uses will occur. Such development will necessarily result in physical impacts to existing natural vegetation communities in the Planning Area. Even the recreational and agricultural uses that would be permissible on an interim basis prior to (as well as part of) the implementation of an approved Specific Plan could result in potentially significant habitat modification. The General Plan Update includes proposed policies that allow for possible impacts to oak woodlands, an important biological resource, as part of an approved Specific Plan. These are proposed because Planning Area R is a large, topographically diverse area with a variety of constraints (for example prime agricultural soils, sensitive habitats other than oak woodlands, and policies that seek to limit development along Price Canyon Road) as well as potential opportunities (including for example, opportunities to create an inland roadway connection to Price Canyon Road, to construct a golf course and hotel, and to preserve and manage large, contiguous areas of important biologic habitat). Applying the oak tree preservation policies the City applies within its existing municipal boundaries to Planning Area R would make it extremely difficult or impossible to complete important infrastructure (including the inland arterial connection to Price Canyon Road), construct a golf course, and consolidate or cluster development in a manner that in turn allows permanent preservation of large, contiguous habitat areas. It is also important to note that the General Plan Update contains policies expressly intended to protect important biological resources as well, including: LU-R-2.2.b. Specific Plans should identify areas that have especially important conservation/habitat values, and such areas shall be designated as a Conservation Open Space land use category and shall be preserved permanently. Essential roadways, infrastructure and important regional trails shall be permitted to traverse these permanently preserved areas, but impacts from such facilities should be minimized. LU-R-9. Watershed Management and Creek Protection- Actions within Planning Area R that would potentially affect Pismo Creek shall be consistent with good watershed management principles including implementing Low Intensity Development practices to manage storm water runoff and water quality, avoid placement of fish passage barriers, encourage riparian revegetation and bank stabilization, and working with appropriate agencies to further strategic goals for estuary water quality. LU-R-10. Habitat Resource Overlay Zone The Habitat Resource Overlay Zone is generally defined in the areas of the Planning Area with certain biotic values important to general wildlife dispersal (e.g., space, connectivity, foraging value, cover, etc.) and habitat preservation for sensitive species. All Specific Plans shall distinguish the boundary of the permanent conservation and management zone for wildlife dispersal corridors, contiguous mixed habitat areas, suitable habitat buffer and setback standards. An Open Space and Habitat Management Plan (OSHMP) shall be prepared at the time of and in connection with any tentative tract map or Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C51

87 other development application pursuant to an adopted Specific Plan. OSHMPs shall identify precise boundaries of conservation and management zones within or adjacent to the applicable subdivision or development area as well as education and outreach efforts, restoration and enhancement goals, and long term management measures, including fire safety. In conclusion, the General Plan Update neither precludes nor expressly permits significant impacts to biological resources in Planning Area R, because any future development in Planning Area R is required to be part of an approved Specific Plan. Moreover, while it is logical to infer that future development will impact biological resources in the Planning Area, it is also clear that policies in the General Plan Update will require minimization and mitigation of future impacts. The full extent of impacts and mitigation can only be determined in the context of actual site-specific development proposals included as part of a Specific Plan. One such Specific Plan (the SSSP), which includes a substantial portion of the acreage within Planning Area R, is being proposed concurrently with the proposed General Plan Update and is analyzed as part of this EIR. Any other proposed Specific Plan(s) will be only be considered for approval by the City after preparation of an EIR that analyzes, among other topics, the site-specific impacts to biological resources that would result from implementation of the Specific Plan. Analysis of Spanish Springs Specific Plan Project Impacts Analyzing the biological impacts associated with the Spanish Springs Specific Plan project involved assessment of both the level and duration of each anticipated project impact. This information was then considered in the context of the proposed location(s) and the known or potentially occurring ecological resources in the area. Lastly, the impact was considered in the context of the established significance criteria. The timing and duration of project activities are important in determining the effects on ecological resources. Some of the potentially occurring ecological resources are migratory and only occur in the project area during certain known times of the year. Other resources are only sensitive to a given impact during certain periods of their lives (for example during the breeding season). Conversely, some of the impacts will only occur during initial construction (e.g., vegetation clearing) while others are expected to occur in perpetuity based on the use and occupancy of areas developed pursuant to the Specific Plan (e.g., increased light pollution). Impact Areas Three general impact areas have been developed identified based on the expected development activities. Each impact area is generally described below. Map IV-C.2 Ground Disturbance and Fuel Modification shows the potential maximum extent of ground disturbing activities based on the SSSP site plan shown on Map I-8. The maximum area of ground disturbance that could result in some level of impact to biotic resources is shown on Tables IV-C.1 Upland Habitat Impact Areas and IV-C.2 Riparian Habitat Impact Areas. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C52

88 LIMITS OF GRADING & FUEL MODIFICATION Spanish Springs Specific Plan Pismo Beach, California \~:::::\ LIMITS OF GRADING ( Acres) FUEL MODIFICATION AREA (3.11 Acres)(30' Clear to B.S.L.) FUEL MODIFICATION AREA - 70' WIDE (Selective Thinning, Approved Natives & Plantings) GOLF COURSE - CLEAR AND GRUB ONLY - ( Acres) (OAKS TO REMAIN) EXISTING LAKES ( 1.63 Acres) PROPOSED LAKES (2.58 Acres) LIMITS OF FUEL MODIFICATION 100' SETBACK BUILDING SETBACK LINE (B.S.L) NOTE LOT LI NES DEPI CTED IN CONCEPTUAL SITE PLA N ARE SUBJECT TO CHANGE Price Canyon Planning Area EIR Ground Disturbance & Fuel Modification

89

90 Overall impacts HABITAT TYPES GRADING VEGETATION FUEL PRIVATE OPEN IMPACT AREA CLEARANCE MODIFICATION SPACE AREA OPEN SPACE AREA TOTAL EXISTING acres % of total acres % of total acres % of total Sensitive Habitats Coast Live Oak Woodland/Forest Central Maritime Chaparral Disturbed Central Maritime Chaparral Central Coast Cottonwood Sycamore Riparian Forest Native Grassland Central Coast Live Oak Riparian Forest Seasonally-Flooded Vernal Swale Coastal and Valley Freshwater Marsh Central Coast Arroyo Willow Riparian Forest/Scrub Non-Sensitive Habitats Annual Grassland Central (Lucian) Coastal Scrub Disturbed Disturbed Coastal Sage Scrub Pond (Located in Former Wetland Area) Non-Native Plantings Reservoir (Manmade) Sensitive Species Pismo Clarkia"" Sensitive Habitats Non-Sensitive Habitats TOTAL* NOTES: "Grading Impact Areas" are based on SSSP development plans. "Vegetation Clearance" includes road medians, shoulders, and golf fairways (where brush will be removed but oaks are to remain). "Private Open Space Area" includes areas in private lots and golf course where native vegetation is to be preserved. "Open Space Area" equals the Total Area minus Grading, Vegetation Clearance, Fuel Modification and Private Open Space areas. ~ o I ii? 13 Source: Arcadis January 2012 ~L- ~ <J> '" acres % of total ""Acreage associated with Pismo clarkia is for reference and is NOT included in subtotals or total as it is already included in the other habitat categories. Upland Habitat Impact Areas acres % of total acres

91 Riparian impacts HABITAT TYPES GRADING VEGETATION FUEL PRIVATE OPEN OPEN SPACE TOTAL IMPACT AREA CLEARANCE MODIFICATION SPACE AREA AREA EXISTING acres % of total acres % of total acres % of total acres % of total acres % of total acres 50-foot Riparian Tributary and Wetland Buffer Annual Grassland Central (Lucian) Coastal Scrub Central Coast Arroyo Willow Riparian Forest/Scrub Central Coast Live Oak Riparian Forest Coast Live Oak Woodland/Forest Coastal and Valley Freshwater Marsh Native Grassland Pond (Located in Former Wetland Area) Seasonally-Flooded Vernal Swale foot Pismo Creek Buffer Annual Grassland Central Coast Cottonwood Sycamore Riparian Forest Coast Live Oak Woodland/Forest Coastal and Valley Freshwater Marsh Disturbed foot Riparian Buffer foot Pismo Creek Buffer Total ~ o I ii? 13 Source: Arcadis January 2012 ~L- ~ <J> '" Price Canyon Planning Area EIR Riparian Habitat Impact Areas

92 GRADING AND DEVELOPMENT IMPACT AREA The grading impact area is approximately 339 acres and includes those areas that will support future constructed development such as residential homes, commercial or visitor serving facilities, and/or associated infrastructure. Preliminary grading information is reflected on Map IV-C.2. Detailed grading plans have not been developed for the SSSP. Generally, under the SSSP the least constrained areas identified from the 2009 Constraint Study are proposed to be intensively developed with large areas of the SSSP area retained in a natural state. Figure IV-C.1 Proposed Lot Grading Concept shows a possible cross section of residential development in which flat pads are graded for residential lots. This cross section and Figure IV-C.2 show how the graded areas could respond to slope and vegetation, avoiding steeper wooded areas. This approach is included as an illustration of one concept that could address potential site disturbance impacts, and is included as one approach in a menu of options described as mitigation measures to address this issue. The worst-case disclosure of the potential development area described herein is necessarily broad at this point in the planning process for the issues of determining impacts to oak trees. For example, without a survey mapping individual oak tree trunks, the precise calculation of impacted or removed trees is not feasible. However, the assessment of impacts to habitat types from grading, fuel modification and development can be more accurately determined from proposed lot layouts and maps indicating ground disturbance. FUEL MODIFICATION AREA Public Resources Code 4291 mandates a defensible space clearance requirement be maintained around buildings and structures to a distance of 100 feet. Two fuel management zones are expected for development in within the Specific Plan as described in the General Guidelines for Creating Defensible Space (California Department of Forestry and Fire Protection). The proposed fuel modification area shown on Map IV-C.2 is approximately 36 acres. Zone 1 extends from 0 30 feet from the back of a building or structure and is a firebreak that allows only low-lying, irrigated vegetation. Single specimens of trees or other vegetation may be retained in Zone 1 provided that they are well-spaced, well pruned, and create a condition that avoids spread of fire to other vegetation or to a building or structure. In most instances, Zone 1 is anticipated to be entirely or almost entirely located within the areas that would be graded to accommodate the development contemplated by the Specific Plan (meaning that the impacts to biological resources will have already occurred). Zone 2 extends from 30 to 100 feet and is a reduced fuel zone. Clearance distances between vegetation will depend on the slope, vegetation size, and other fuel characteristics (fuel compaction, chemical content, etc.). Properties with greater fire hazards will require greater separation between fuels. For example, properties on slopes and having large sized vegetation will require greater spacing between individual trees and bushes than those in flat areas. Based Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C56

93 :l1l' F.d ModOrlOlll ' p.,. F... Code Oak> Source: SSSP & Firma January 2012 Proposed Lot Grading Concept

94 on input from Cal Fire, it is assumed that no oak tree removals will be required for fuel modification. Additionally, it is assumed that where a fuel modification zone extends into a riparian corridor, that the high moisture in the area will preclude a need for vegetation disturbance in this area. VINEYARD / AGRICULTURAL IMPACT AREAS Potential impacts from the planting of vineyards or other crops within the Specific Plan total approximately 105 acres, primarily on grassland areas. It is assumed that most or all of the natural habitat will be permanently impacted where vineyards or crops are planted. However, the Specific Plan expressly provides that all mature oak trees in agricultural areas will be protected in this area, and well-managed vineyards can provide limited ecological value in perpetuity. IMPACTS TO BIOLOGICAL RESOURCES The proposed Specific Plan development footprint is shown overlain on the mapped habitats and sensitive species on Map IV-C.3 Development Impacts to Biotic Resources and the impacts are described following. These maps overlay the habitat mapping with the development ground disturbance envelope. Map IV-C.4 Summary of Biological Impacts and Mitigation summarizes the specific impact areas and shows the corresponding mitigation measure reference. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C58

95

96 Sensitive Species {) Black-flowered figwort {) Curly-leaved monardella.::;:. Nipomo ceanothus {) Saint's daisy Sensitive Plant Communities Central Maritime Chaparral (Price Canyon variant) Disturbed Central Maritime Chaparral (Price Canyon variant) Coast Live Oak Woodland San Luis mariposa lily Central Coast Cottonwood Sycamore Riparian Forest San Luis Obispo County lupine Central Coast Arroyo Willow Riparian Forest/Scrub ~ San Luis Obispo owl's clover Freshwater Marsh California spineflower Central Coast Live Oak Riparian Forest.::;:. Hoover's bentgrass Vernal Swale Pismo clarkia Pond (Located in Former Wetland) Native Grassland 50 It Riparian Habitat Buffer 100 It Riparian Habitat Buffer (Pismo Creek; Policy CO-21) Sensitive Wildlife ;f, California Red-legged Frog Southwestern Pond Turtle Steel head Trout Wildlife Corridor Notes: S pecies ind icated with ~ occurred in small quantities at mapped locati on. W e lls' manza nita an d Lompoc ceanothu5 occur throughout maritime chapa rral. Well s' manzanita is also common in oak woodland. Not all individual oak trees are uniquely mapped. Grading Impact Areas ~ Vegetation Clearance ~ Fuel Modification Areas 00 Private Open Space Map includes data from : 1996 Survey (Interface) 2003 Survey (LFR) 2007 Survey (LFR) 2008 Survey (LFR) Aerial Photo Assessment Aerial Photo Date June North SOURCE: Arcadis January 2012 Price Canyon Planning Area EIR o Development Impacts to Biotic Resources 700 1,400 ~~~~~!iiiiiiiiiiiiiiiiiiiiiiiiiiii. Feet Scale IV-C Biological Resources

97

98 Oak Woodlands and Individual Oak Trees Approximately 305 acres of oak woodland/forest occur in the SSSP area. The disturbance envelopes shown on Map IV-C.2 indicate that 251 acres 2 of oak woodlands and forest would be permanently managed and preserved under the Specific Plan, while development contemplated by the Specific Plan would result in the potential removal of approximately 50.4 acres of coast live oak woodland (primarily occurring on the Godfrey parcel). Individual tree counts have not been conducted, however the preserved acreage contains most of the more densely populated oak woodlands and forests while the areas impacted are generally less dense; as a result the estimated number of oak trees that would be removed is in the hundreds, which is a relatively small percentage of those that would be preserved. In general, most impacts are anticipated on the Godfrey Ranch residential lots and streets. About 16.5 acres of oak woodland habitat occurs in the fuel modification zone. No oak tree removal will be required for fuel modification (Personal Communication, Robert Lewin, CALFIRE). However, the oak woodland habitat includes the understory components and those plants likely would be subject to periodic disturbance and clearing to maintain a low fuel load within this area. Indirect impacts may occur elsewhere during project development where removal is not required but where cut, fill, or compaction will occur near an oak, or where limbing is required. The Specific Plan expressly requires care to be taken to save individual trees wherever feasible both for their biological and aesthetic value, and experience has shown that development projects have been able to achieve considerable success protecting individual trees and incorporating them into communities. Nevertheless, any impact within the dripline canopy of an oak requires mitigation, though not to the same extent as would tree removal). Overall, the impacts to oak woodland and individual oak trees would be significant. Impact BIO-1 Site development would result in a substantial, long-term loss of Coast Live Oak Woodland/Forest and individual Coast Live Oak trees, both of which are identified as sensitive resources under the City s General Plan as well as other regulatory documents protecting such resources within the region, a significant impact. Mitigation Measures BIO-1 and BIO-2 detailed in section 4) Mitigation Measures, following this section, would reduce this impact to less than significant. Sensitive Plant Species The SSSP area supports several sensitive botanical species. Approximately 4.0 acres supporting Pismo clarkia occur in the Planning Area and approximately 0.9 acres (22%) would be impacted by development, including fuel modification areas. Of this impacted total about 0.21 acres are a result of constructing the Inland Arterial roadway and adequate emergency access in the southwest portion of the Godfrey Ranch, and the rest is due to other proposed lot and road grading. Impacts to other sensitive botanical resources would occur throughout the SSSP. The loss of sensitive botanical resources is considered potentially significant. A formal study of Pismo clarkia restoration techniques is currently being conducted in Price Canyon (unrelated to the Spanish Springs Specific Plan); however, at this time, there is not a 2 Table IV-C.1 shows acres in the OS-C zone, 45.2 acres in the OS-P zone and 16.5 acres in fuel modification zones on the lots. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C61

99 proven methodology to restore or replace impacted Pismo clarkia. Consequently, any impact to Pismo clarkia individuals or occupied habitat is considered significant. Moreover, while mitigation in the form of permanent preservation and management (and possibly restoration) of important populations can reduce the level of severity of project impacts, the limited distribution and populations of Pismo clarkia make any impacts to extant populations a significant impact even with mitigation. The other sensitive botanical resources known to occur in within the Specific Plan are more common than Pismo clarkia, however, they are still considered sensitive due to rarity and habitat threats in the region and in the state. Impacts to these and other California Native Plant Society (CNPS) listed species occur in small numbers in portions of the Specific Plan. The Specific Plan proposes to permanently protect approximately acres of natural open space area in the proposed OC-C zone (32.5% of the SSSP) and an additional acres in the OS-P zone, most of which is high quality native habitat that supports stands of all of the sensitive botanical resources occurring within the Specific Plan. The avoidance and protection of large portions of the site supporting high quality native habitats that include CNPS listed sensitive species would reduce the Specific Plan project s impacts to an adverse but less than significant level with respect to these species Impact BIO-2 Development pursuant to the Specific Plan would result in the federally-listed endangered / State-listed rare Pismo clarkia. Because avoidance with appropriate setbacks to all Clarkia populations is not possible, impacts will be significant even after mitigation. Mitigation measure BIO-3 detailed in section 4) Mitigation Measures, following this section, would reduce this impact, but not to a level less than significant. Impact BIO-3 Development pursuant to the Specific Plan could result in the loss of sensitive botanical resources, including, Wells Manzanita, Hoover s bentgrass, and California spineflower (potentially about 2 acres in the proposed OS-secondary agriculture zone), a significant impact. Mitigation Measure BIO-4 detailed in section 4) Mitigation Measures, following this section, would reduce this impact to less than significant. Grassland Foraging Areas Approximately 384 acres of annual non-native grassland occurs in the Specific Plan. Approximately acres (61%) of the annual grassland in the Specific Plan will be impacted by grading activities, ground clearing activities, or conversion to vineyards or other crops. From a botanical perspective, the non-native annual grassland is not sensitive and does not merit protection except in areas where other sensitive resources occur within it (e.g., Pismo clarkia stands). However, many wildlife species, particularly raptor species such as the whitetailed kite and common burrowing species, rely on grasslands for foraging. Consequently impacts to non-native grassland are potentially significant. Impact BIO-4 Development pursuant to the Specific Plan would result in the loss and disruption of raptor and wildlife foraging habitat, particularly annual grassland, a significant but mitigable impact. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C62

100 Mitigation Measure BIO-5 detailed in section 4) Mitigation Measures, following this section, would reduce this impact to less than significant. Aquatic and Semi-Aquatic Wildlife Species The proposed development activities pursuant to the Specific Plan have the potential to produce substantial direct and indirect impacts on aquatic and semi-aquatic wildlife species. Impacts from the Proposed Project may occur onsite and offsite and be either permanent or temporary in nature, as described below. Onsite direct impacts include potential alteration of the hydrology of Pismo Creek and its tributaries. This includes both the flow volume and consistency. Changes in flow volume and consistency may be detrimental or beneficial for wildlife. Direct impacts may also occur through the design of new infrastructure such as storm drains that may impact flow characteristics of the drainages in the Specific Plan. Increased flow velocity may provide the potential for scour of important gravel beds resulting in a potential loss of spawning habitat for steelhead in Pismo Creek. Construction of bridges or other crossings (e.g., pedestrian or infrastructure) may also result in temporary and permanent impacts to riparian vegetation providing cover, forage (e.g., invertebrate habitat over the water), and temperature/sun exposure regulation for the drainages. Water quality and adequate stream flow are essential factors in the viability of the aquatic habitat. Both of these factors are under pressure due to urban development and agricultural activities in the larger watershed. Other key factors include the presence of in-stream barriers to migration, surface water temperature increases related to tree canopy cover reductions, sediment loading and bacteria levels. Water testing in the upstream reach of the creek outside the Planning Area found potentially problematic levels of the following constituents: total dissolved solids, dissolved oxygen, ph, hardness, manganese, iron, phosphorus and zinc. Impacts and mitigation related to stormwater runoff and water quality are addressed in section IV.D of the EIR. Groundwater extraction from the Price Canyon Alluvial Aquifer for irrigation purposes could impact flows in Pismo Creek; the level of impact would depend on the amount, duration, and season of pumping. As detailed in Impact GW-1 and as studied in several technical appendices (Balance 2008, Entrix 2008, Fugro, 2009, and Cleath-Harris 2009), the Specific Plan proposes pumping of groundwater from the Pismo Creek alluvium aquifer as a potential water source for agricultural irrigation. This could result in a decrease in stream flow and other stream characteristics that would potentially impact aquatic habitat for steelhead and other species and is addressed in section V.A Groundwater Resources. Direct impacts could include direct injury and mortality of aquatic wildlife during construction of any structures such as bridges or culverts. Indirect impacts could include increased sediment in stormwater runoff during construction (temporary impact) and/or degradation of stormwater quality associated with pollutants from occupancy and use of the developed site. Potential impacts to sensitive aquatic and semi-aquatic species are potentially significant. Nesting bird impacts are discussed separately in Impact BIO-6 below. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C63

101 Impact BIO-5 Site development adjoining aquatic habitats, could indirectly disturb Pismo Creek and its tributaries potentially impacting protected and sensitive wildlife species including steelhead trout, California red-legged frog, western pond turtle, and downstream tidewater goby. Direct impacts could include direct injury and mortality of aquatic wildlife during construction of any structures such as bridges or culverts. Indirect impacts could include increased sediment in stormwater runoff during construction (temporary impact) and/or degradation of stormwater quality associated with pollutants from occupancy and use of the developed site. Potential impacts to sensitive aquatic and semi-aquatic species are potentially significant. Mitigation measure BIO-6 detailed in section 4) Mitigation Measures, following this section, and Mitigation measures WQ-2 through WQ-5 in section IV.D would reduce this impact to less than significant. Setbacks to Pismo Creek and Tributaries Pismo Creek runs through the South Ranch property within the proposed Specific Plan and is fed by numerous un-named tributaries. Isolated wet areas/seeps also occur within the Specific Plan area on a seasonal basis. As noted previously, Pismo Creek is designated as critical habitat for the federally threatened steelhead trout. As discussed in Impact BIO-5, project activities could impact Pismo Creek and its tributaries by disturbing the vegetated riparian corridors, disturbing the bed, bank, or channel of a waterway, altering the flow characteristics or consistency, and/or altering water quality. The creeks and other wet areas (including artificial ponds) provide some of the highest value habitat within the Specific Plan and are known to support a variety of sensitive and protected resources. Impacts to Pismo Creek, its tributaries, and jurisdictional wetlands are potentially significant. The City s General Plan requires protection of riparian and creek corridor resources, including a 100-foot riparian setback from Pismo Creek. Table IV-C.2 tabulates the areas of grading or fuel modification encroachments into the 100-foot creek setback (0.7 acres) and within 50 feet of tributaries (12.3 acres). Impact BIO-6 Development pursuant to the Specific Plan would potentially result in encroachment into riparian vegetation and/or prescribed setback or buffer to Pismo Creek, its tributaries, and isolated wetlands, seasonal swales and seeps potentially impacting sensitive habitat and a wide variety of common botanical and wildlife species that rely on the riparian resources for survival, a significant impact Mitigation Measure BIO-7 detailed in section 4) Mitigation Measures, following this section, would reduce this impact to less than significant. Nesting Birds A diverse array of bird species nest and rear their young within the Specific Plan area. The Migratory Bird Treaty Act (MBTA; Title 16, United States Code [USC], Part 703) covers all of the birds observed in the Specific Plan area with the exception of the European starling (Sturnus vulgaris). The MBTA prohibits the destruction of occupied nests. The USFWS is responsible for overseeing compliance with the MBTA. Most actions that result in taking of or Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C64

102 the permanent or temporary possession of a protected species constitute violations of the MBTA. The MBTA does not include a permit program allowing destruction of occupied nests under any circumstances. Because the proposed project will resulting the removal of trees and other nesting habitat, impacts to nesting birds are considered potentially significant. Impact BIO-7 Development pursuant to the Specific Plan may cause impacts to nesting birds by removal of existing trees and nesting habitat, a significant impact. Mitigation Measure BIO-8 detailed in section 4) Mitigation Measures, following this section, would reduce this impact to less than significant. Wildlife Dispersal & Habitat Fragmentation The Specific Plan area supports a diverse array of habitats that provide ecological functions and value to different species at different times of year, including allowing for wildlife movement and dispersal, foraging range and breeding areas within a larger regional framework. Many species travel widely throughout the Specific Plan area in upland and riparian habitats in the hills and the lowlands. The anticipated impacts associated with the project include losses of upland, woodland, grassland, and riparian habitat resources as well as the potential loss of individual botanical and wildlife resources that, in aggregate, have the potential to fragment the habitats and diminish movement and dispersal opportunities for wildlife. Impacts to wildlife dispersal through the Specific Plan are potentially significant. Impact BIO-8 Development pursuant to the Specific Plan may disrupt wildlife dispersal in and through the Specific Plan area, a significant impact. Mitigation Measures BIO-1 and BIO-9 detailed in section 4) Mitigation Measures, following this section, would reduce this impact to less than significant. Native Grasslands Native grasslands occur in patchy distribution throughout the Specific Plan. The potential grading would eliminate approximately 3.5 acres (52%) of the native grassland habitat within the Specific Plan area. Native grasslands are considered a rare plant community by the California Department of Fish and Game and the California Native Plant Society. Impacts to native grassland are potentially significant. Impact BIO-9 Development pursuant to the Specific Plan will impact significant stands of native bunchgrass, a significant impact. Mitigation Measure BIO-10 detailed in section 4) Mitigation Measures, following this section, would reduce this impact to less than significant. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C65

103 Potential Indirect and Cumulative Impacts Indirect Impacts The Specific Plan area currently supports little human activity. Once developed and occupied, anthropogenic impacts will occur throughout the Specific Plan associated with vehicle traffic, noise, lighting, introduction of non-native plants and domestic animals, and people on trails. Impacts may also occur as a result of irrigation practices and other surface water changes. Indirect impacts from buildout and occupancy of the developed areas are potentially significant. Impact BIO-10 Development pursuant to the Specific Plan will result in indirect impacts on vegetation and wildlife habitats, including sensitive species and habitats due to occupancy of the site, public access into open space areas, and lighting and fencing, a significant impact. Cumulative Impacts Sensitive plant and animal species are distributed widely through the Specific Plan, particularly along the creek environments, along ridges and topographic features, in swales and low-lying areas, and in scattered populations in upland and woodland areas. The proposed development would significantly change the character and ecological functions and services within the Specific Plan. However, the project has built in many mitigative features into its design, and additional project-specific mitigation measures will further reduce potential cumulative impacts to a less than significant level The Specific Plan area and Planning Area R as a whole is largely undeveloped, and adjoins large tracts of land that are largely undeveloped in many areas. The Old Oak Park community east of the Godfrey parcel, the vineyards across Price Canyon Road west of the South Ranch parcel, the PXP oil operations north of the South Ranch, and existing development within the City south of Planning Area R have all contributed to past cumulative impacts to biological resources in the area to varying extents. However, there are still substantial areas of natural habitat surrounding the Specific Plan and Planning Area, especially to the north and west of the Planning Area. The development potential of the surrounding areas was evaluated to develop the cumulative impact assessment. Some of the surrounding lands have either significant development constraints due to slope or are in agricultural preserves, making conversion to uses that would cumulatively impact ecological resources less likely in the short term. The oilfield property to the north maintains significant stands of intact woodland and chaparral plant communities. Lands to the southeast are subdivided into 2½- to 20-acre parcels and largely developed at the maximum density under County zoning. In the long-term, the Mankins parcel could be developed because it is in the City s Area of Interest in the Growth Management Element of the General Plan, but probably not before years due to the current Williamson Act contract on the property. In addition, the current property owner has not expressed the desire to develop the property in the foreseeable future. In this cumulative development scenario, area-wide biological resources have been, or will be, adversely impacted to the south. Lands to the southeast are likely to see limited increased Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C66

104 development. Lands on the north and northwest are likely to remain rural or semi-rural with relatively high biotic value and diversity for the foreseeable future. Oilfield operations are likely to continue to result in the protection of large relatively undisturbed areas punctuated by wells and access roads. Development pursuant to the Specific Plan, future development likely to occur on other properties within Planning Area R (subject to future environmental review under CEQA as part of a separate Specific Plan), and any further development of areas surrounding the Planning Area would result in the additional incremental loss of sensitive and common native plant communities in the area. Such development will also further contribute to habitat fragmentation, disruption of wildlife dispersal opportunities, and possible direct and indirect impacts to critical habitat and listed species, and reduction of the area s carrying capacity to support ecological resources. Surrounding development has the potential to modify drainage patterns, will increase noise and human activity, and allow non-native plants and animals to encroach into adjacent habitat areas. The sensitive plants species within the Specific Plan and in the Planning Area are rare because their natural range is very limited. As a result, incremental losses of small populations are cumulatively significant. Impact BIO-11 Development pursuant to the Specific Plan, and development likely to occur over time on other parcels in the Planning Area and the surrounding area will have cumulative effects on botanical and wildlife resources, including sensitive species and plant communities, as well as effects on prey populations and dispersal opportunities in combination with subtle and complex ecosystem processes that are difficult to quantify or predict are potentially significant. Mitigation Measure BIO-1 and others detailed in section 4) Mitigation Measures, following this section, would reduce this impact to less than significant. 4. Mitigation Measures to Avoid or Reduce Environmental Impacts Two levels of mitigation for impacts on biological resources are discussed below. The first level discussed are existing and proposed over-arching General Plan policies (some of which are based on State and Federal regulations) that are intended to guide the nature of all future development in Planning Area R. The second level of mitigation discussed involves projectspecific mitigation measures for the development proposed pursuant to the Spanish Springs Specific Plan. General Plan-Level Policies CREEKS AND RIPARIAN AREAS Existing and proposed General Plan policies provide the foundation for resource avoidance and mitigation of riparian environments. Policies CO-14 and CO-21 address avoidance an impact minimization of Pismo Creek and its tributary drainages through the use of development setbacks, easement dedication and replacement planting of areas disturbed for essential infrastructure, such as bridge crossings. The core principle for protection is in policy CO-14: no significant disruption of riparian resources. The General Plan specified development setback from Pismo Creek is 100 feet. For tributary streams and drainages the Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C67

105 setback is specified to be determined on a project-by-project basis. The project-level mitigation measures below define the appropriate setbacks for riparian areas other than Pismo Creek within the Specific Plan. At the General Plan level, it is recognized that Planning Area R and the reach of Pismo Creek within it represent an important segment of the larger Pismo Creek watershed. This watershed has identified water quality, stream flow and sensitive species issues. Because of this, the General Plan Update includes new policy directives related to maintaining stream flow and water quality for the system s keystone species, the threatened Steelhead trout: Policy LU-R-9 Watershed Management and Creek Protection - Actions within the Planning Area potentially affecting Pismo Creek shall be consistent with good watershed management principles including implementing Low Impact Development practices to manage storm water runoff and water quality, avoid placement of fish passage barriers, encourage riparian re-vegetation and bank stabilization, and working with appropriate agencies to further strategic goals for estuary water quality. OAK WOODLANDS AND OAK TREES Within the existing City boundaries, remaining oak woodlands are generally located in already designated open space canyons and only a limited number of scattered individual Oak trees are present on individual developable parcels. In contrast, the SOI parcels within proposed Planning Area R contain large areas where oaks are present, ranging from dense oak forests, less dense oak woodlands, low density oak savannahs and finally scattered and isolated individual oak trees. These circumstances make it possible to preserve in perpetuity thousands of oak trees within hundreds of acres of oak forests and woodlands; but these same circumstances are also such that development of infrastructure, recreational amenities and logical clustered development areas will likely and necessarily lead to impacts to a substantial number of oak trees within the Planning Area that would be precluded by current General Plan Policy CO-13 (prior to proposed modification), which prohibits all impacts to oak woodlands and only in very limited circumstances allows impacts to individual oak trees. This is especially true within the portion of the Planning Area proposing development pursuant to the Spanish Springs Specific Plan. As discussed elsewhere in this EIR, the Spanish Springs Specific Plan proposes to complete the inland arterial connection to Price Canyon Road and a golf course, both of which are project components the City has long envisioned for the Price Canyon area. The Spanish Springs Specific Plan also includes the Godfrey parcel, which contains the largest number of oak trees present within gently sloping areas where slope steepness would not preclude or limit development. The effects of the policy changes below would be to allow more removal of oak trees than would be allowed under the current General Plan Policy CO-13 prior to proposed modification. As detailed below under Mitigation measures BIO-1, BIO-2 and BIO-9 impacts to oak trees can be mitigated. The combination of project features and site-specific conditions leads to significant but mitigable oak tree impacts as well as opportunities for substantial oak woodlands conservation. In light of the above, the following proposed policies are included as part of the General Plan Update: Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C68

106 LU-R-2. Future Development in Planning Area R 3. Flexibility to Address Unique Circumstances. Planning Area R encompasses nearly two square miles and includes topographic and other site conditions different from most other parts of the City. To facilitate required circulation and other essential infrastructure improvements, ensure water quality impacts are minimized by employing Low Impact Development ( LID ) methods, and to encourage efficient site planning that preserves open space in large, contiguous blocks containing the most valuable habitat and visual features, planning flexibility that allows for limited departures from other policies elsewhere in the General Plan (for example, street dimensions, oak tree preservation and restrictions on grading on 30% or greater slopes) may be allowed pursuant to an approved Specific Plan. CO-13 Oak Tree Protection. [relevant portion that has been modified] Native species of oak (e.g. Quercus agrifolia, Quercus lobata, Quercus chrysolepis) should be preserved within the City of Pismo Beach, both as an aesthetic resource benefiting the entire community and for their ecological value. Pursuant to Policy LU-R-2, there may be impacts to a portion of the less dense oak woodlands within the Price Canyon Planning area, if a proposed development pattern under an approved Specific Plan in Planning Area R has the overall effect of completing important circulation improvements (i.e., an inland connection to Price Canyon Road) and preserving large contiguous blocks of oak woodlands and other important habitat, by clustering development. [UNDERLINED SENTENCE IS NEW LANGUAGE INCLUDED IN THE PROPOSED GENERAL PLAN UPDATE.] PERMANENT PROTECTION OF HABITAT RESOURCE AREAS The Planning Area biotic habitats provide significant functions and values such as wildlife home ranges, movement corridors, foraging area, and breeding area and resources, within a larger regional framework, especially in relation to undeveloped lands to the north and west of the Planning Area. The anticipated impacts associated with development within the Planning Area over time include losses of upland, woodland, grassland, and riparian habitat resources as well as the potential loss of individual botanical and wildlife resources that, in aggregate, have the potential to fragment the habitats and diminish functions and services, and impact movement of wildlife. Therefore, a primary component of the General Plan Update is to require the conservation and management of important natural open space areas in accordance with the following policy, which includes the Habitat Resource Zone map presented on Map I-6 in the Project Description: LU-R-10. Habitat Resource Overlay Zone. The Habitat Resource Overlay Zone is generally defined in Figure LU-26 [of the General Plan], and includes areas with certain biotic values important to general wildlife dispersal (e.g., space, connectivity, foraging value, cover, etc.) and habitat preservation for sensitive species. All Specific Plans shall distinguish the boundary of the permanent conservation and management zone for wildlife dispersal corridors, contiguous mixed habitat areas, suitable habitat buffer and setback standards. An Open Space and Habitat Management Plan (OSHMP) shall be prepared at the time of and in connection with any tentative tract map or other development application pursuant to an adopted Specific Plan. OSHMPs shall identify precise boundaries of conservation and management zones within or adjacent to the Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C69

107 applicable subdivision or development area as well as education and outreach efforts, restoration and enhancement goals, and long term management measures, including fire safety. Proposed General Plan Map I-6 Habitat Resource Zones shows the generalized open space areas and wildlife dispersal areas that are important to minimize overall impacts to biological resources in the Planning Area. These zones support the majority of high quality native habitat in the Planning Area, include large areas supporting sensitive species and habitats as well as common species, and are important in terms of functional value for watershed protection and for wildlife productivity (providing foraging, shelter, and breeding resources). The Habitat Resource zone include large contiguous stands of upland plant communities including central maritime chaparral and coast live oak woodland, and wetland communities including Central Coast arroyo willow riparian forest, Central Coast cottonwood/sycamore riparian forest, Central Coast live oak riparian forest, freshwater marsh, and seasonal swales/drainages. Wildlife corridors should be included in appropriate locations throughout the Planning Area to facilitate wildlife dispersal and use in perpetuity. The natural open space included in the Habitat Resource Zone includes Pismo Creek and the associated riparian corridor, large contiguous stands of dense oak woodland and maritime chaparral, the tributaries to Pismo Creek in the Planning Area, and associated areas of rare plant populations. By establishing Habitat Resource zones for Planning Area R and requiring development proposals to be part of an approved Specific Plan that must adhere to policy LU-R-10, the City would be able to take a proactive approach to resource planning within the Planning Area. From the perspective of trying to protect the most important biological features, functions and values of the Planning Area, this proactive approach is likely to be much more effective than allowing parcel maps or subdivisions on a piece-meal basis over time without any look at the big picture. Spanish Springs Specific Plan Project Mitigation Measures Mitigation Measures included in the Spanish Springs Specific Plan (Project Description) The SSSP includes a range of design feature and limitations on use that will serve to reduce or avoid impacts to biological resources, including, but not limited to: Use of narrower than standard road widths and use of low walls to limit grading and preserve natural vegetation. Minimization of golf course grading and irrigated fairways. Low Impact Development techniques to maintain runoff water quality into the creek and tributaries. Design Guidelines that emphasize native plants for landscape. In addition to measures included in the SSSP, the following project-level measures provide requirements to avoid, minimize, and mitigate project level impacts and reflect the guiding principles to: Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C70

108 1. Conserve and manage adequate contiguous areas supporting diverse and significant habitat resources by use of an Open Space / Conservation Easement, 2. Preserve and enhance wildlife dispersal connectivity to the larger region, and 3. Avoid impacts to ecological resources. Mitigation Measure BIO-1: To mitigate direct, indirect and cumulative impacts identified in Impacts BIO-1, BIO-2, BIO-8, BIO-10 and BIO-11 related to the fragmentation and loss of overall and specific biotic resources, the conservation and management of the Habitat Resource Zone areas within the Specific Plan and adjacent areas designated as Open Space as part of the Specific Plan land shall be implemented by an Open Space and Habitat Management Plan. The OSHMP shall be consistent with and implement the objectives and requirements of all relevant General Plan policies. An OSHMP shall be finalized prior to or concurrent with the approval of the first tentative tract map or other development application within the Specific Plan (but implementation of the plan may proceed in phases concurrent with development within the Specific Plan). (1) The OSHMP shall address the implementation of habitat enhancement and restoration opportunities and wildlife dispersal and connectivity within and, as applicable, immediately adjoining the Habitat Resource Zone development areas, as shown on Map I-6. Management measures such as types and purposes of fencing, landscaping restrictions (no invasive species), access and structure limitations in the open space, seasonal closures (if necessary), clearly defined fuel management measures for fire safety, and prohibitions on any other clearing of native vegetation shall be identified. The specific requirements for all habitat restoration plans required under other mitigation measures shall be specified. These would include measurable quantitative performance criteria (e.g., % cover, species diversity, survival, etc.), required short-term and long-term maintenance activities (e.g., weed abatement, erosion control, irrigation, etc.), and formal monitoring and reporting requirements. (2) The OSHMP shall stipulate that in all cases where subsequent tentative tract map residential lot lines may extend into the Habitat Resource Area, as defined by the General Plan Habitat Resource Area Map, no grading and no structures shall be permitted in such areas. The Final Tract Map shall record easements for management of such areas in favor of the Master Homeowners Association or a conservation organization acceptable to the City. (3) The OSHMP shall stipulate that in all cases where the subsequent tentative tract map lots for the golf course and golf course improvements, including ponds and drainage conveyances, may extend into the Habitat Resource Area, as defined by the General Plan Habitat Resource Area Map, all areas outside of the tee boxes, cart paths and turf fairway shall be managed as natural habitat in perpetuity. (4) The OSHMP shall incorporate specific programs and contingency plans to meet the requirements of Mitigation Measures BIO-2, 3, 4, 5, 6, 7, 8, 9 and 10. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C71

109 (5) The OSHMP shall specify management of the Habitat Resource Area be conducted by, and/or under the oversight of, a single management entity for all of the Specific Plan. All land within the Habitat Resource Area boundary shall be protected in perpetuity by easement, deed restriction, or a comparable legal vehicle that ensures permanent conservation. Any non-open space lots which may be approved that have portions of the lot overlapping the Habitat Resource Area shall have deed restrictions that convey management of the area for resource protect and fuel modification to a Master Homeowners Association or other oversight and management entity acceptable to the City. (6) The Open Space and Habitat Management Plan shall include the following: Resource Protection Measures During Construction o Pre-construction surveys o Temporary fencing o Staging areas o Access routes and restrictions o Construction monitoring (frequency and duration) o Relocation protocols for sensitive species potentially occurring in work areas including, if determined present, southern steelhead and California redlegged frog. Allowable and Prohibited Activities in Habitat Resource Areas/Open Space (including agricultural use), including: - In all cases where residential lot lines may extend into the Habitat Resource Area as defined by the General Plan Habitat Resource Area Map, no grading and no structures shall be permitted in such areas. Final lighting plans shall be developed to provide standards that meet safety requirements while minimizing light and glare in the Habitat Resource Areas. Pets shall be prohibited from using existing and planned wildlife corridors, paths and trail excepted. All trail alignments should be reviewed by a qualified biologist to ensure that they avoid and minimize ecological impacts to the maximum extent feasible and minor adjustments should be allowable at the time of construction to further protect ecological resources. The SSSP Design Guidelines shall be amended to explicitly prohibit invasive non-native species in all erosion control and revegetation seed mixes. Riparian and Wetland Buffers (description and mapping) Wildlife Corridor/Habitat Extension Corridor Plan (planting/screening, fencing, signage, prohibited uses, etc.) Fuel Management Recommendations and Restrictions Oak Tree Inventory, Replacement Management & Protection Plans Habitat Restoration Plans (including the following): o Site Selection Program o Propagule Selection Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C72

110 o Irrigation Program (if necessary) o Maintenance Program (e.g., weed abatement) o Erosion Control Plan o Scheduling o Measurable Performance Criteria o Monitoring Plan (minimum 5 years of monitoring) o Contingency Measures o Reporting Plan Fencing Program (type, height, purpose, maintenance) Adaptive Management Strategies & Protocols (7) The Applicant(s) shall fund a qualified environmental monitor. The environmental monitor will report on Mitigation Measure / Condition of Approval compliance to the City for each phase and sub-phase. An Environmental Awareness & Contractor Training Plan shall be developed and implemented for all construction activities under the OSHM Plan. (8) Replacement for oak woodland loss or other habitat losses in the SSSP area should occur only in areas of degraded or graded habitat suitable for restoration. Conversion of one native habitat to another should not be considered mitigation. Level of Significance after Implementation of the Measure The Spanish Springs Specific Plan proposes the permanent preservation of 312 acres designated Open Space Conservation ( OS-C ) and acres contiguous to OS-C lands designated Open Space-Private ( OS-P ), for a total of about 440 combined acres. This acreage includes the areas within the Specific Plan that are within the Habitat Resource Zone for Planning Area R. The OSHMP required pursuant to LU-R-10 would ensure permanent protection and management of theses areas, thereby addressing many of the potential impacts identified in BIO-2 through BIO-10. The OSHMP would serve as the implementing document to ensure avoidance and protection of potentially impacted resources. The areas encompassed by the OSHMP support the majority of high quality native habitat in the Specific Plan, protect large areas supporting sensitive species and habitats as well as common species, and are important in terms of functional value for watershed protection and for wildlife productivity (providing foraging, shelter, and breeding resources). The protected and managed areas include large contiguous stands of upland plant communities including central maritime chaparral and coast live oak woodland, and wetland communities including Central Coast arroyo willow riparian forest, Central Coast cottonwood/sycamore riparian forest, Central Coast live oak riparian forest, freshwater marsh, and seasonal swales/drainages. Strict restrictions on the allowable uses of the Habitat Resource Areas shall be formalized through the Open Space and Habitat Management Plan. Permanent protection of oak trees and oak woodlands as mitigation for impacts allowing for a net loss of the resource is considered acceptable mitigation pursuant to California s Oak Woodland Protection Act. The preservation of approximately 440 acres of managed open space in a permanent conservation easement, combined with measures specifying the establishment of habitat restoration areas for replacement mitigation, enhancement of wildlife dispersal areas and managed fuel modification would reduce Impact BIO-1 to less than significant. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C73

111 Mitigation BIO-2 To mitigate impacts identified in Impact BIO-1 related to the loss of coast live oak woodland/forest and individual oak trees (as well as other resources identified in BIO-8), the SSSP shall specify that: All site development plans shall maximize avoidance and preservation of existing oak woodlands and oak trees and maximize protection of large contiguous woodlands for the benefit of wildlife. There may be various design approaches to accomplishing this goal, but whatever approaches are used must be accepted by City planning staff in consultation with a qualified biologist. These approaches could include, but not be limited to the following: 1) For proposed development areas on the Godfrey Ranch (an area of approximately 60 acres generally defined on Map IV-C.4) that is characterized by stands of oak woodlands plans shall include additional mitigation measures including one or more of the following design techniques to retain and avoid impacts to oaks to the extent feasible: Location of roads, lots and building envelopes should follow the natural contours of the site in order to minimize grading; Introduce smaller lots, and vary lot sizes, to adapt lot patterns to natural slope conditions; Retain strategic groupings of oak trees; Retain significant oak trees within lot layouts and/or street medians and parkways; Utilize stepped or tiered development envelopes to conform to naturally occurring site contours; Incorporate use of retaining walls contained largely within structures, or located behind structures so that they are generally hidden from view. 2) Precise grading and development plans for all proposed development and agricultural use shall demonstrate efforts to maximize preservation of existing oak woodlands and individual oak trees. 3) In addition to permanent protection, all oak impacts in the grading areas shall be mitigated through replacement on a 4:1 basis per tree (replaced : impacted) for all trees six-inches or greater in circumference at a height of 4.5 feet. All individual trees to be impacted shall be quantified and mapped in advance with a final verification survey to follow and confirm or update the actual impacts. Impacts to individual trees include disturbance (cut or fill) within the dripline of the tree canopy, limbing / pruning (>25% of the canopy disturbed), or complete removal. 4) Existing oak woodland habitat within the Planning Area R Habitat Resource Zone to be preserved shall be indicated on final grading plans and development plans (including those identifying vineyard areas) and shall be protected in perpetuity as specified in Mitigation Measure BIO-1. Level of Significance after Implementation of the Measure While approximately 50 acres of coast live oak woodland habitat are proposed for removal under the proposed Specific Plan, and 16.5 of oak woodlands within fuel modification zones would be subject to understory clearing and potentially limited limbing, the Specific Plan Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C74

112 would also permanently protect and manage approximately acres of coast live oak woodland pursuant to the prescribed OSHMP. When the area subject to fuel modification only is added to the total preserved, the combined areas of preserved and managed oak woodland is approximately 251 acres, 82% of all oak woodlands in the SSSP area, and this is the worst case scenario in terms of impacts. In addition to this protection required under proposed General Plan policies and Mitigation Measure BIO-1, subsequent development applications would be required to demonstrate maximum use of oak tree avoidance methods. As one example, the mitigation measure identifies as one option of several an approach to site design employing residential units with a 10-foot internal retaining wall to take up vertical grade and reduce the horizontal dimension of ground disturbance. As shown on Figure IV-C.2 Use of Interior Dwelling Wall to Reduce Ground Disturbance this approach would typically reduce the development footprint across two lots and one road by about 39%, resulting in avoiding many oak trees otherwise removed over the approximately 60-acre area with scattered to dense oak woodland on the Godfrey Ranch subject to this mitigation. Similarly, site planning techniques that conform closely with natural topography or preserve clumps of trees in by varying lot sizes and configurations can be used to preserve more oak trees. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C75

113 300' WIDTH OF DISTURBED AREA FOR ROAD & 2 PADS WITH PAD GRAOING PROPOSED PER SSSP REDUCTION) WIDTH OF DISTURBED AREA WITH SPLITS IN BUILDING MEET NATURAL GRADE PROPOSED RESIDENCE ROAD ASSUMED TO BALANCE AT GRADE (APPAOX.) PROPOSED RESIDENCE RETAINED OAKS AT NATURAL GRADE INTERIOR WALL SPLIT 15% NATURAL GRADE 34' cr R.O.W. ~ INTERIOR WALL SPUT ~ CUT / FILL MEET NATURAL GRADE 15% NATURAL GRADE Source: Firma Price Canyon Planning Area EIR Use of Interior Dwelling Wall as Mitigation to Reduce Ground Disturbance

114 Measures to require oak tree replacement as part of the creation of enhanced wildlife dispersal corridors, primarily on OS-recreation land (see measure BIO-9), would provide land area of about 25 acres, or capacity for roughly 1,000 replacement oaks. 3 The oak woodland habitat in the open space would be protected in perpetuity under easement. Protection of existing oak trees and oak woodlands as mitigation for impacts allows a slight net loss of oak woodlands acreage, but because the acreage impacted is generally among the less dense acreage and less dense than the oak density the restoration receptor site acreage can be planted with, the total number of oak trees post-development will exceed the pre-project conditions. Preservation of substantial oak woodlands combined with the implementation of measures to avoid additional trees within development areas, oak tree replacement in the designated wildlife corridor, and requiring 4:1 removal and 2:1 impacted tree replacement ratios, the impact to oak woodlands would be considered adverse, but less than significant. Mitigation BIO-3: To mitigate impacts identified in Impact BIO-2 related to Pismo Clarkia, mapped populations of Pismo Clarkia shall be avoided and a 50-foot setback from development and any mowing required for fire fuel modification shall be established in the SSSP, with the exception of unavoidable removals of approximately 0.2 acres (based on preliminary roadway design) that are associated with construction of the Inland Arterial and to facilitate adequate emergency access on the southwest portion of the Godfrey property. The roads accessing the southwest portion of Godfrey Ranch which, as proposed, would remove Pismo Clarkia shall be redesigned to limit intrusion into the mapped population / buffer area to that necessary to allow an emergency access lane. To ensure minimization of removals and appropriate compensatory mitigation the following is required: 1) In the spring/summer prior to submittal of each tentative tract map or site development permit application that includes potentially suitable habitat for or known prior occurrences of Pismo clarkia, surveys for Pismo clarkia shall be undertaken to confirm/update previous surveys, and the tract map or site development plan shall be designed to avoid all previously mapped locations (including a minimum 50-foot buffer surrounding such previously mapped locations, and to the extent feasible, any additional clarkia if observed outside previously mapped plant and buffer areas. Restoration efforts in suitable potential habitat shall be undertaken for any unavoidable impacts pursuant to a Sensitive Botanical Species Avoidance, Protection and Replacement Plan to be included in the project s OSHMP. 2) Except for those impacts that are unable to be avoided (i.e., those impacts associated with the inland arterial and emergency access road), all known and previously mapped occurrences of Pismo clarkia (including a 50-foot buffer) shall be indicated on development plans (including those identifying vineyard areas), and final grading plans, 3 The corridor is about 6,000 linear feet with an average width of 400 feet yielding approximately 55 acres. Subtracting out proposed fairways and land already containing oak woodland that can be retained yields about 25 acres. At a density of 40 oaks per acre the replacement yield is 1,000 trees. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C77

115 and shall be protected in perpetuity under the provisions of BIO-1 and the approved OSHMP. 3) All Pismo Clarkia replacement plans shall identify measurable, quantitative performance criteria (e.g., % cover, species diversity, survival, etc.), required short-term and long-term maintenance activities (e.g., weed abatement, erosion control, irrigation, etc.), and formal monitoring and reporting requirements. However, it is recognized that at this point there is no guarantees that restoration/replacement plans for Pismo Clarkia will lead to viable restored populations of clarkia. 4) Protection measures for Pismo clarkia resources during construction and through future occupancy of the area shall be detailed in the Open Space and Habitat Management Plan (Mitigation BIO-1) and the precise compensatory mitigation plans. Mitigation BIO-4: To mitigate potential impacts to sensitive botanical species including Wells Manzanita, Hoover s bentgrass, and California spineflower identified in Impact BIO-3, previously mapped populations of all sensitive botanical species including Wells Manzanita, Hoover s bentgrass, and California spineflower shall be identified in the SSSP as to be avoided to the maximum degree feasible and any loss of plants shall be mitigated at a 2:1 ratio of individuals or ground coverage with replacement programs identified in the OSHMP required under MM BIO-1. 1) All native habitat restoration occurring in the SSSP shall include CNPS-listed sensitive species appropriate to the habitat type as feasible in the plant palette and include specific performance criteria for their survival. 2) All replacement plans shall identify measurable, quantitative performance criteria (e.g., % cover, species diversity, survival, etc.), required short-term and long-term maintenance activities (e.g., weed abatement, erosion control, irrigation, etc.), and formal monitoring and reporting requirements. Level of Significance after Implementation of the Measures The avoidance and protection of large portions of the site supporting high quality native habitats that include sensitive species and the establishment of no disturbance 50-foot protection buffers (avoidance and protection) around Pismo clarkia will reduce impacts to these resources to a less than significant level except for impacts associated with the Inland Arterial construction, adequate emergency access in the southwest area of Godfrey Ranch and the potential for impacts to previously unmapped individuals of Clarkia outside open space designated areas. Impacts even after mitigation remain significant and unavoidable for about 0.2 acres of removed Pismo Clarkia and an unknown number of plants that may be discovered in later required surveys that cannot be avoided. For the other sensitive botanical species, the required Sensitive Botanical Species Avoidance, Protection and Replacement Plan will reduce impacts to these resources to a less than significant level. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C78

116 Mitigation BIO-5: To mitigate impacts identified in Impact BIO-4 related to loss of raptor foraging areas, the SSSP shall maintain areas of annual grassland and oak woodland margins within all the Open Space land use categories to the maximum extent feasible. The Open Space Habitat Management Plan (Mitigation Measure BIO-1) shall identify areas of protected open grassland and other habitats maintaining the foraging functions that these habitats currently provide on the site (e.g., raptor foraging). Future public use associated with development (e.g., trails) shall be designed to minimize disruption to ecological function by following the margins of the development envelopes rather than meandering through the natural open space. No development lighting shall be directed into the natural open space. Level of Significance after Implementation of the Measure It is recognized that protection of native plant communities and avoidance of construction on slopes directs development to annual grassland areas by default. The Specific Plan and the surrounding area have a high carrying capacity for raptors and other common species that rely on grasslands (e.g., deer) and the displaced wildlife will disperse to the surrounding parcels or concentrate in the remaining open space areas in the Planning Area. The loss of annual grassland habitat and the introduction of development in the Specific Plan will disrupt foraging areas and dispersal corridors. However, with this measure and the protection of significant open space area on site and protection of wildlife dispersal corridors allowing continued movement throughout the site (Mitigation BIO-9), the impact is considered adverse, but less than significant. Mitigation BIO-6: To mitigate impacts identified in Impact BIO-5 and BIO-6 related to aquatic habitat, Sensitive Aquatic and Semi-Aquatic Species, all development activities under the SSSP (including structures, infrastructure, and roads) within 100-feet of the Pismo Creek riparian corridor and 50-feet of its tributaries shall be avoided and minimized to the maximum extent feasible, consistent with Mitigation Measure BIO-6. All required regulatory permits documentation and compliance shall be provide to the City. Consistent with Mitigation Measures WQ-2 through WQ-5, prior to approval of grading plans for the first tentative tract map application, the applicants shall prepare a hydrologic study demonstrating that implementation of all stormwater control measures will not adversely impact flow characteristics (volume, velocity, consistency, etc.) in Pismo Creek or its tributaries during or after construction. The study shall include discussions of water balance, mechanisms to ensure that water quality is not degraded, and documentation that no net loss of Pismo Creek base flow will occur. The study shall address all factors related to riparian and creek health including floodwater storage and floodwater attenuation, maintenance of beneficial water temperature in streams, nutrient and organic matter recycling, pollutant filtration, sediment storage, and protection of stream channels and floodplains for destabilizing erosion. Southern Steelhead Creek crossings shall be limited to the bridge needed to connect the inland arterial to Price Canyon Road and shall be clear-span construction over the channel bottom.. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C79

117 Project infrastructure such as stormwater outlets, pipeline crossings (e.g., water and sewer), and pedestrian crossings shall occur with the roadway crossing to the maximum extent feasible, thereby minimizing the number and size of each disturbance area. Construction activities within 100-feet of the riparian corridor for Pismo Creek and within 50-feet of its tributaries shall require full time monitoring by a qualified biologist to ensure that all protection measures are implemented and to identify the least impacting approach for activities that encroach on a drainage. The limits of disturbance and the limits of the buffer zones near work areas shall be clearly marked or fenced prior to any construction activities and the fencing shall be inspected regularly by the biological monitor. All temporary fences and flagging shall be removed upon completion of construction (or of construction phase if future work in the area is not immediately pending). Any required construction activities within the established buffer zones for the drainages in the SSSP shall be conducted using the least intrusive means possible in terms of access, staging, scheduling, and equipment. Access routes should be approved in the field by the biological monitor who is responsible to document that the access routes follow the most environmentally sensitive alignment. All equipment and vehicle staging shall occur outside the buffer zones to the maximum extent feasible. Clearing of riparian vegetation shall be avoided and minimized to the maximum extent feasible and shall be conducted using hand tools (e.g., chain saws) to limb or cut vegetation to the ground rather than heavy equipment to pull vegetation from the ground. Soil disruption within the buffer zones shall be minimized to the maximum extent feasible. Construction activities within 100-feet of the riparian corridor for Pismo Creek and 50-feet of its tributaries shall be scheduled to avoid the wet season and shall be conducted when Pismo Creek and its tributaries are dry or at their lowest level (i.e., during summer or fall). By conducting activities during the dry season, it is anticipated that steelhead will not be present during construction. However, if water is present in the channel at the time of construction and work in the channel is required to construct the improvement, a preconstruction reconnaissance level survey shall be conducted prior to any disturbance within the riparian corridor. If steelhead are present, they shall be relocated by a properly qualified and permitted biologist and excluded from returning to the work zone during construction. The specifications for steelhead exclusion shall be included in the Open Space and Habitat Management Plan (Mitigation BIO-1). Any temporary modifications to the stream, the channel, or the riparian corridor shall be mitigated by the restoration of the habitat such that there is no net loss of functions and services through the Specific Plan. Habitat restoration prescriptions shall be detailed in the Open Space and Habitat Management Plan (Mitigation BIO-1). To the extent feasible, all habitat restoration will be designed to improve habitat quality not just replace pre-existing conditions. California Red-legged Frog The discussions and measures above for southern steelhead all apply to the California red-legged frog. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C80

118 Prior to any disturbance within a riparian corridor, pre-construction reconnaissance level surveys for red-legged frogs shall be conducted by a qualified biologist. If red-legged frogs are identified in the work area, all activities within 500-feet shall cease until the individual(s) move out of the area on their own accord or they shall be relocated by a qualified biologist holding all necessary federal permits and authorization to do so. Relocation protocols shall be specified in the mitigation plan associated with local, state and federal permitting. Other Sensitive Aquatic and Semi-aquatic Wildlife Species All of the discussions and measures above for southern steelhead and California redlegged frogs apply to western pond turtles and other sensitive wildlife species potentially occurring within the riparian habitats in the Planning Area. The pre-construction surveys described above shall include all potentially occurring sensitive wildlife species. Level of Significance after Implementation of the Measure As discussed in Section IV-D, Low Impact Development (LID) Integrated Management Practices (IMPs) are both incorporated into the Specific Plan and required as mitigation to ensure that a post-development runoff hydrograph has the same peak flow rate, and releases the same volume, as under pre-development conditions with no degradation to water quality. Natural flows from the undisturbed portions of the watershed shall be routed through natural channels around the developed areas and allowed to flow to their historic receiving waters. All stormwater discharges and management systems (e.g., bioswales) shall be designed and operated to ensure that there is no degradation of water quality entering Pismo Creek or its tributaries. Additionally, all stormwater management activities shall ensure that the existing seasonal baseline flow characteristics for Pismo Creek and its tributaries remain substantially unchanged or are improved for steelhead and other sensitive species. Applicable measures identified elsewhere in this EIR are WQ- 2, 3, 4 and 5 and GW-1. The measure requires documentation that all regulatory permits are obtained prior to any impact activity. The permits would require both compensatory mitigation as well as field monitoring and reporting. The measure also establishes a development setback of 50 feet for tributaries to Pismo Creek. With implementation of these measures potential impacts to aquatic habitat would be less than significant. The measures required to protect the flow characteristics and volume of Pismo Creek and its tributaries and to ensure no adverse changes to the water quality for steelhead in the Planning Area will also ensure no adverse affects on the Pismo Lagoon and tidewater goby will result from project activities. With implementation of the mitigation measures described above including monitoring, implementation of protection measures during design and construction, and measures to ensure no adverse change to flow or water quality characteristics, impacts to sensitive aquatic and semi-aquatic wildlife species and to denizens of the Pismo lagoon will be less than significant. With implementation of the mitigation measures described above including monitoring, implementation of protection measures during design and construction, and measures to ensure no adverse change to flow or water quality characteristics, impacts to southern Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C81

119 steelhead, California red-legged frog, and other sensitive aquatic and semi-aquatic ecological resources will be less than significant. Mitigation BIO-7: To mitigate impacts identified in Impact BIO-6 related to riparian area disturbance, a buffer (setback) of 100 feet shall be established and protected around Pismo Creek consistent with existing City of Pismo Beach policy and MM BIO-4. The buffer shall be measured from the outer edge of the riparian vegetation corridor or the top-of-bank if no riparian vegetation is present. Around the tributaries of Pismo Creek an average buffer of 50 feet shall be established from the outer edge of the mapped riparian corridor (or the top-of-bank if no riparian vegetation is present). Wherever possible, impact corridors shall be aggregated to include vehicle, pedestrian, and infrastructure crossings at the same location. If necessary to construct roadway infrastructure and pedestrian paths and trails, and to perform agricultural activities, allowances will be made for encroachment up to 25 feet within the prescribed 100-foot and 50-foot buffer (and the prescribed 30 foot buffer when adjacent to agricultural activities), around riparian habitat and wetland resources and Pismo Creek for limited areas. Paths and trails are allowable with the setback area provided a low rail fence is installed to separate the path from the riparian corridor. Construction activities within the channel and/or riparian corridor of Pismo Creek and its tributaries or other adjacent aquatic or semi-aquatic features may require permitting by the California Department of Fish and Game pursuant to Section 1602 of the California Fish and Game Code (Lake and Streambed Alteration Program) and Section 401 and 404 of the Federal Clean Water Act administered by the Regional Water Quality Control Board and the U.S. Army Corps of Engineers, respectively. Prior to any disturbance in Pismo Creek or its tributaries, including the riparian corridors and the buffers, permits shall be garnered pursuant to the regulatory programs listed above or written documentation shall be provided to the City of Pismo Beach by the applicant demonstrating that such permits are not required. Setback buffers shall be shown on all development and grading plans in close proximity to the Pismo Creek or one of its tributaries. Documentation shall be provided to the City of Pismo Beach for approval that identifies all encroachment into the setback buffers and that demonstrates that there are no practical alternatives that would reduce the number or size of the encroachments and that includes specific measures to ensure that the design and construction in these areas avoids and minimizes ecological impacts to the maximum extent feasible. Full time biological monitoring is required for all construction activities (including initial clearing, grubbing, and grading) within the buffer areas. Habitat restoration is required in all riparian and buffer areas temporarily disturbed during construction. Level of Significance after Implementation of the Measure Through the establishment of riparian protection buffers of 100-feet for Pismo Creek and an average 50-feet for its tributaries (with a minimum no disturbance buffer of 25-feet for limited, isolated instances) direct and indirect impacts to the drainages on site will be avoided and minimized. Implementation of LID practices and a stormwater management system that ensures no adverse modification to stormwater (quality, flow characteristics and consistency) Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C82

120 will avoid degradation of habitat quality in the creeks. The measures addressing construction of required encroachments for access and infrastructure described in Mitigation BIO-4 and which will be detailed for implementation in the Open Space and Habitat Management Plan (BIO-1) will ensure that the design and construction of such features will avoid and minimize impacts to the maximum extent feasible. With implementation of these mitigation measures, impacts to Pismo Creek and its tributaries, and to the other seasonally wet or artificially created wet areas (e.g., stock ponds & irrigation ponds) will be adverse, but less than significant. Mitigation BIO-8: To mitigate impacts identified in Impact BIO-7 related to nesting birds, all initial clearing shall be conducted outside the nesting seasons (typically March 1 to August 15) unless the area has been surveyed for active nests and cleared for construction. If initial clearing is required during the nesting season, surveys for nesting birds, including nesting raptors, shall be conducted to verify the presence or absence of nesting activity. Surveys shall occur over a period of two or three weeks (duration to be determined by a qualified biologist based on the time of year and the habitat to be surveyed) immediately prior to construction including the disturbance area and a buffer of 300-feet. If an active nest is found and work is proposed while the nest is active, a construction buffer of 300 feet shall be maintained until the young have fledged. In some cases, the size of the buffer may be adjusted by a qualified biologist based on the proposed activity, the species nesting, and the status of the nest, but shall be large enough to prevent disturbance. Permanent protection of large contiguous natural open space areas supporting grassland, tree, shrub, and riparian habitat will facilitate continued nesting throughout the Specific Plan area. If initial clearing, grubbing, or grading activities are proposed during the breeding season (March 1 to August 15), a nesting bird survey report shall be prepared and submitted to the City of Pismo Beach for approval prior to implementation. Level of Significance after Implementation of the Measure Permanent protection of large contiguous natural open space areas supporting grassland, tree, shrub, and riparian habitat pursuant to measures BIO-1, BIO-7, BIO-9 will facilitate continued nesting throughout the Specific Plan area. Measure BIO-8 requires avoidance of initial clearing activities during the bird breeding seasons, a requirement for pre-construction nesting bird surveys for any initial clearing, grubbing or grading required to occur during the breeding season, and a requirement for a no-impact buffer around any active nest which will reduce impacts to nesting birds to adverse, but less than significant. Mitigation BIO-9: To mitigate impacts identified in Impact BIO-8 related to wildlife dispersal, the portions of the Planning Area R Habitat Resource Zone within the Specific Plan and designated wildlife corridors shall be established and protected in the Specific Plan, thereby allowing and encouraging wildlife dispersal and use to continue in perpetuity. All Open space land use designations except OS-agriculture are to be considered wildlife dispersal areas. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C83

121 The required OSHM Plan (MM BIO-1) shall address (and refine as each tract map or other development application is submitted) the precise alignment of all roads, fences, development footprints and associated infrastructure to limit habitat fragmentation and maximize value and access to all remaining habitat for wildlife. The Specific Plan as proposed ensures that development will not result in substantial barriers to wildlife dispersal, particularly along drainages and through areas where different habitats meet that are favored by wildlife for movement. The inclusion of dispersal corridors comprised of drainage areas with suitable buffers and adjacent upland habitat shall be identified in the OSHM Plan. Habitat corridors and linkages require the following minimum components: Suitable natural or restored habitat Minimization of human activity, nature paths excepted Fencing where appropriate to protect Pismo Creek tributaries, sensitive plant populations) Wildlife accessibility to and from large open areas Connectivity to off -site natural open space The wildlife corridor or linkage area planned up the Pismo Creek tributary into the Godfrey parcel and which is proposed to include within it golf course holes 1,2 3, 4 and 9 (as well as stormwater and recycled water holding ponds) shall be enhanced to provide vegetative cover and habitat as follows: The non-fairway Open Space-recreation land shall be re-vegetated with native grasses and fire-safety appropriate clumps of large native shrubs. Oak tree replacement and restoration shall occur within the non-fairway Open Space-recreation lands where appropriate. Existing and proposed water bodies and basins shall be enhanced with native riparian trees to provide bird and mammal cover and raptor perches. Existing and proposed ponds shall be managed to avoid chemical algae control that would otherwise be detrimental to wildlife. Level of Significance after Implementation of the Measure With the inclusion of the protection and mitigation measures described above, including permanent protection of approximately 440 acres of natural open space and protection of dispersal routes throughout the Specific Plan, area impacts related to wildlife dispersal will be adverse, but less than significant. In addition, proposed parks and agricultural uses in the OS- R and OS-AG land use zones will also facilitate significant wildlife dispersal. Mitigation BIO-10: To mitigate impacts identified in Impact BIO-9 related to native bunch grass, native grasslands shall be avoided to the extent feasible. Impacted native grassland with greater than 10% cover over 0.25 acres or more shall be replaced at a 2:1 basis (replaced:impacted). Cover shall attain at least 10% in the restoration area. Level of Significance after Implementation of the Measure Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C84

122 The restoration approach for native grassland shall be detailed in the Open Space and Habitat Management Plan. Impacted native grassland can be feasibly avoided or mitigated on site. Impacts to native grassland after mitigation will be adverse, but less than significant. 5. LIST OF ABBRIEVIATED TERMS Abbreviation AIPP CDFG LID CEQA MEIR MBTA NMFS OSHMP PCI GRRP USACE/the Corps USDA USFWS/the Service Term Agricultural Irrigation Pumping Plan California Department of Fish and Game Low Impact Development California Environmental Quality Act Master Environmental Impact Report Migratory Bird Treaty Act National Marine Fisheries Service Open Space & Habitat Management Plan Price Canyon Investment Group Groundwater Recharge & Recovery Plan United States Army Corps of Engineers United States Department of Agriculture United States Fish and Wildlife Service Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIRIV-C Biological Resources. Page IV-C85

123 D. DRAINAGE, FLOODING AND WATER QUALITY 1. Environmental Issue Drainage, water quality and flood control are important concerns within the watershed. Pismo Creek, the primary watercourse through the Planning Area, has flooded public facilities near the creek mouth in the past 1. The following environmental issues are addressed: Potential to increase flood hazard risk along Pismo Creek Potential Impacts to downstream and upstream property owners due to increase in impervious area and increase in runoff Potential water quality impacts that could result from future development within the Spanish Springs Specific Plan. Potential erosion and sedimentation of surface waters NOP COMMENTS The Central Coast Salmon Enhancement commented on the Notice of Preparation for this EIR relative to this general issue. The comment letter requested the EIR: Incorporate LID practices for water quality (addressed in section IV.D Drainage, Flooding and Water Quality) Minimize development footprints (addressed in section IV.D Drainage, Flooding and Water Quality) Conservation of water resources (addressed in section V.A Groundwater) Optimize groundwater recharge (addressed in section IV.D Drainage, Flooding and Water Quality and section V.A Groundwater) Minimize pesticide use (addressed in section IV.D Drainage, Flooding and Water Quality) Control equestrian use (addressed in section IV.D Drainage, Flooding and Water Quality) 2. Environmental and Regulatory Setting Flood Hazards and Relevant General Plan Policies The General Plan notes that the City has two areas with potential flood hazards: the Pismo Creek/Price Canyon and Meadow Creek/Pismo Marsh drainageways. Within City limits, Pismo Creek has been substantially altered by railroad and freeway construction as well as natural processes. Impacts associated with past actions have included loss of habitat, pollution, and siltation, as described in the General Plan. Within the City limits and upstream into the Planning Area, property along Pismo Creek is subject to inundation during extreme storm events. The General Plan states that a major flood event occurred in 1971 that damaged City properties along both Pismo Creek and Meadow Creek. The City and Army Corps of Engineers subsequently altered Pismo Creek to reduce flood hazard. The following relevant General Plan policies apply to the analysis of flood control and drainage for the Planning Area: 1 General Plan Safety Element page S-8. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR Drainage and Water Quality Page IV-D1

124 S-2 New Development New development shall be designed to withstand natural and man-made hazards to acceptable levels of risk by: d. Requiring new development to avoid portions of sites with high hazard level S-8 - Flood Plain Zoning Areas subject to flooding shall be mapped within the Flood Plain Overlay zone and shall be subject to those requirements [as described in the General Plan]. S-9 - Restrictions on Development Within the 100-Year Flood Plain No habitable structure shall be approved for construction within the area of the 100-year flood plain unless the applicant confirms the finished floor elevations are at least 1 foot above the projected 100-year flood elevation. A detailed hydrologic study is required for submittal and approval by the City Engineer before any new fill, structure, or other obstruction is placed within the floodway. No development will be allowed within the flood plain which will increase flood hazards or require flood control devices. Any development application for a parcel that is partly within the flood plain will be required to submit a hydrological engineer s report which assesses the nature of the flood risks, identifies the 100-year flood plain boundary, and specifies protective measures to attain compliance with the City s flood plain zoning and FEMA requirements. CO-21 - Pismo Creek Protection This condition is intended to preserve Pismo Creek in its natural state, and includes a buffer zone from either outer riparian vegetation or top of creek bank. The zone can be modified if the buffer prevents the property from being used in accordance with the land-use plan or if a resource assessment study indicates less buffer will not cause impact to streamside or aquatic habitat. Structures such as roadways or bridges from the Circulation Element, paths, trails, fences, flood control structures, and others that do not adversely affect the creek are permissible. Public pathways and pipelines are permissible if no other feasible route exists. CO-28 - Natural Drainage Channels Drainage channels shall have minimal or no use of concrete channels. Alteration of existing drainage patterns shall be prohibited unless special studies indicate no significant downstream impact will occur. Prior to approval of new developments, an analysis of surface water patterns is required to determine storm drain needs and identify environmental mitigation measures. CO-31 - Grading and Drainage Regulations Runoff will be directed to storm drains or watercourses in order to prevent erosion. Development on slopes greater than 10% requires a runoff control plan by a licensed engineer with experience in hydrology. The plan shall be subject to review and approval by the City Engineer. Runoff control will be accomplished by minimizing grading and utilizing non-structural techniques such as percolation. Outflow drains will require energy dissipation devices. Regional Water Quality Control Board (RWQCB) The Regional Water Quality Control Board is the local administrative unit of the State Water Resource Control Board. The Pismo Creek Watershed is in Region 3, the Central Coast Region. The mission of the RWQCB is to develop and enforce water quality objectives and implementation plans that will best protect the beneficial uses of the State s waters. The RWQCB is responsible for developing basin plans for its hydrologic areas, governing requirements, issuance of waste discharge permits, enforcement actions against violators, and monitoring water quality. The focus of the RWQCB is water quality. The federal Clean Water Act is the primary enforcement tool. The Regional Water Quality Control Board defines its jurisdiction as: 1. anything that may adversely affect beneficial uses of waters of the state, 2. where beneficial uses includes all of the resources, services and qualities of aquatic ecosystem underground aquifers that benefit the state of California, including, 3. Agricultural supply, wildlife habitat, recreation, groundwater recharge and municipal and domestic water Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR Drainage and Water Quality Page IV-D2

125 supply. The RWQCB recently modified discharge permits associated with irrigated agriculture requiring landowners and farm operators to enroll in the Conditional Ag Waiver program which requires the development and implementation of a farm water quality management plan for the reduction of water quality impacts. Plans include use of Best Management Practices among others. The RWQCB is currently enrolling landowners and farm operators in the program. Pismo Creek is to be initially included in the core-monitoring network for the implementation of the waiver. 2 NPDES Phase II Program and Adopted 2009 Stormwater Management Program Stormwater runoff is regulated under the federal Clean Water Act via the National Pollution Discharge Elimination (NPDES) Program. The City of Pismo Beach is subject to the Phase II General Permit for Municipal Stormwater (General Permit). The General Permit requires municipalities to prepare and submit Stormwater Management Programs (SWMPs) to the RWQCB. The City became enrolled in the General Permit in June Section 6 of the SWMP addresses Post-Construction Runoff Controls and would affect the proposed developments in the Planning Area. The City currently recommends Low-Impact Development (LID) approaches and developers to incorporate LID measures identified in one of the following LID Manuals: The City of Santa Barbara Post-Construction BMP Manual Contra Costa Clean Water Program Stormwater C.3 Guidebook CASQA Stormwater BMP handbook for New Development and Redevelopment. The City is committed to achieving the following goals: Effective impervious area 3[1] for new and redevelopment projects shall not exceed 5% of total project area. Post-construction 10-year runoff for new and redevelopment projects that create and/or replace 5,000 square feet or more of impervious surface will match pre-construction runoff within 1%. For projects in excess of one acre, sites that are less than one acre and part of a larger common planned development, and development and redevelopment projects that are in excess of 5,000 square feet and contain greater than 5 percent impervious area. The City has imposed a requirement for no net increase in runoff flows at peak storm times. Low Impact Development (LID) is a stormwater management approach and set of practices that can be used to reduce runoff and pollutant loadings by managing the runoff as close to its source(s) as possible. A set or system of small-scale practices, linked together on the site, is often used. In the case of new development, LID is typically used to achieve or pursue the goal of maintaining or closely replicating the predevelopment hydrology of the site. 4 2 Pismo Creek Enda Valley Watershed Management Plan, [1] Effective Impervious Area is the portion of the impervious area that drains directly to a receiving surface waterbody via a hardened storm drain conveyance without first draining to a pervious area. Impervious surfaces tributary to pervious areas are not considered Effective Impervious Area. 4 U.S. Environmental Protection Agency, 2007 Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR Drainage and Water Quality Page IV-D3

126 The Central Coast RWQCB defines Low Impact Development (LID) as minimizing or eliminating pollutants in storm water through natural processes and maintaining pre-development hydrologic characteristics, such as flow patterns, surface retention, and recharge rates : The Central Coast Water Board requires municipalities, via the Municipal General Storm Water Permit, to minimize negative impacts on aquatic ecosystems and degradation of water quality to the maximum extent practicable. Permittees must implement Best Management Practices (BMPs) that reduce pollutants in storm water runoff to the technology-based standard of Maximum Extent Practicable (MEP) to protect water quality. (Effluent Limitations, General Permit Fact Sheet, pg. 6.) Permittees must incorporate LID methodology into new and redevelopment ordinances and design standards unless permittees can demonstrate that conventional BMPs are equally effective, or that conventional BMPs would result in a substantial cost savings while still adequately protecting water quality and reducing discharge volume. In order to justify using conventional BMPs based on cost, permittees must show that the cost of low impact development would be prohibitive because the cost would exceed any benefit to be derived (State Water Resources Control Board Order No. WQ ). Conventional site layouts, construction methods, and storm water conveyance systems with end of pipe basins and treatment systems that do not address the changes in volume, storm water runoff rates, and urban pollutants (including thermal pollution) do not meet MEP standards. 5 In the past, management of stormwater runoff typically focused on collection and conveyance of runoff to detention basins, or outfalls in waterways or water bodies. These methods often resulted in erosion and significant impacts to water quality. Additionally, conveyance of runoff reduces onsite groundwater recharge at sites where natural retention and percolation would otherwise occur. Development in the Price Canyon Planning Area will be subject to new best management practices (BMPs) the City has developed in its SWMP, and the new BMPs that the City will develop as a part of the Joint Effort with the RWQCB to address the LID/ hydromodification requirements and goals. These would likely include revised City engineering design standards and new municipal ordinances for drainage. The City will require land development applicants to match the hydrograph for specified design storm magnitudes in addition to managing large storm events that result in peak flows which produce flooding. The City s SWMP also identifies watershed management planning efforts and a Clean Beaches Grant that is currently being used to identify pollutants entering the ocean from Pismo Creek. By incorporating LID requirements into its SWMP the City is in compliance with the Stormwater General Permit. Development of the Planning Area will be subject to the City of Pismo Beach s SWMP, which is the source of the significance criteria described in this EIR. Other Watershed Documentation Several documents have been produced recently focusing on the Pismo Creek watershed. These documents do not have regulatory authority within the City however the City has participated in their preparation as a stakeholder and in ongoing discussion of creek and estuary water quality. Therefore this information is provided as background only. In April 2008, Central Coast Salmon Enhancement 6 completed a watershed assessment 7 for Pismo Creek. The study stated the need to maintain low flows in the creek to maintain aquatic biota. It was Salmon Enhancement is a nonprofit, tax-exempt, volunteer corporation dedicated to the enhancement and restoration of the Central Coast Salmonid fishery, and local creek and watersheds. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR Drainage and Water Quality Page IV-D4

127 recommended that groundwater recharge be expanded throughout the watershed. The study identified 22 projects to improve water quality and stream function. Related discussion on water quality issues is contained in section IV.C Biological Resources. As prelude to that document, Balance Hydrologic prepared an assessment of the geology and hydrology of the creek to characterize flows, stream morphology, and habitat characteristics. 8 Last, Nicole Smith completed a master s thesis study entitled Regional Land Use Planning for Water Quality in the Pismo Creek Watershed (2008). This study evaluated land use policy and made recommendations for policies in the City of Pismo Beach. Although not a regulatory document, it provides some useful analytical guidance with respect to examining this issue. The City formed a task force to investigate Pismo Creek estuary (lagoon) water quality degradation causes. In June 2011 the Coastal San Luis Resource Conservation District completed a report for the Pismo Creek Estuary Enhancement Project. Components requested by the project funder, State Parks, include: 1. barrier dune stabilization, 2. alternatives to pedestrian beach access, and 3. creek bank stabilization and habitat enhancement. Components suggested by stakeholders include: 4. estuary water level management, 5. and low impact development in the estuary tributary area. Component 5 would apply to the Price Canyon Planning Area. Environmental Setting Flooding The Pismo Creek Watershed is shown on Map IV-D.1 Pismo Creek Watershed. The Planning Area all drains to Pismo Creek by way of surface sheet flow and several defined drainageways. The General Plan notes that the City has two areas with potential flood hazards: the Pismo Creek/Price Canyon and Meadow Creek/Pismo Marsh drainageways. Within City limits, Pismo Creek has been substantially altered by railroad and freeway construction, as well as by natural processes. Impacts associated with past actions have included loss of habitat, pollution, and siltation, as described in the General Plan. Within the City limits and upstream into the Planning Area, property along Pismo Creek is subject to inundation during extreme storm events. The General Plan states that a major flood event occurred in 1971 that damaged City properties along both Pismo Creek and Meadow Creek. The City and Army Corps of Engineers subsequently altered Pismo Creek to reduce flood hazard. The FEMA flood insurance rate map indicates the 100- and 500-year flood level is generally contained within the creek banks throughout the Planning Area (Map IV-D Year Flood Zone) including within the SSSP. 7 Pismo Creek Enda Valley Watershed Management Plan, Hydrology and Geology Assessment of the Pismo Creek Watershed 2008, Balance Hydrologics Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR Drainage and Water Quality Page IV-D5

128 Surface Water Quality The Pismo Creek watershed is known to contain naturally-occurring inorganic constituents at levels exceeding drinking water standards, and to contain naturally-occurring oil and gas seeps that can result in detectable concentrations of total petroleum hydrocarbons (TPH), volatile organic compounds (VOCs), and regulated metals in surface water and groundwater. The Plains Exploration and Production (PXP) Arroyo Grande Oil Field property is located immediately upstream from the Price Canyon Planning Area. In 2005, PXP initiated an extensive pilot test program during a seven-month period between 2005 and 2006 in accordance with appropriate County permits to assist in a future water treatment facility located on the PXP property. As part of this pilot program Entrix Inc prepared a Hydrologic, Water Quality, and Biological Characterization of Pismo Creek, in This study in incorporated by reference. Water testing in the upstream reach of the creek on PXP property shows levels of the following constituents to be above or below the required levels to support healthy steelhead: total dissolved solids, dissolved oxygen, ph, hardness, manganese, iron, phosphorus and zinc. Despite existing degraded water conditions in the creek, including periodic elevated water levels and low dissolved oxygen levels, steelhead are persisting in the creek, as observed in recent surveys. 9 9 PXP Produced Water Treatment Facility FEIR, Padre, Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR Drainage and Water Quality Page IV-D6

129 North Legend _ - Watershed Sub-area Line -- Creek c:::j Pismo Creek watershed Surface Water Impoundments SOURCE: Balance Hydrologics, Inc Price Canyon Planning Area EIR Pismo Creek Watershed o Miles Scale IV-D Drainage, Flooding and Water Quality

130 SPECIAL FLOOD HAZARD AREAS SUBJECT TO INUNDATION BY THE 1 % ANNUAL CHANCE FLOOD The 1% annual flood (loo-year flood), also known as the base flood, is the flood that has a 1% chance of being equaled or exceeded in any given year. The Special Flood Hazard Area is the area subject to flooding by the 1% annual chance flood. Areas of Special Flood Hazard include Zones A, AE, AH, AO, AR, A99, V, and VE. The Base Flood Elevation is the water-surface elevation of the 1% annual chance flood. -' Source: FEMA, San Luis Obispo County, Panels 1342,1344 and 1361, August 28,2009 North 100 Year Flood Zone Scale IV-D Drainage, Flooding and Water Quality IV-OS

131 3. Impact Analysis Environmental Impact Significance Criteria The CEQA Guidelines and the City s Stormwater Management Plan provide the basis for the following impact significance criteria. Activities in the Planning Area would be potentially significant impacts if: Effective impervious area for new and redevelopment projects exceeds 5% of total project area within a proposed development. Post-construction 10-year runoff for the plan area does not match pre-construction runoff within 1%. Post construction time of concentration is less than preconstruction time of concentration for the watershed areas draining to Pismo Creek. Project significantly reduces groundwater recharge of runoff by changing historical drainage patterns. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial flooding, erosion or siltation on- or off-site. Structures are developed within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map, or placed within a 100-year flood hazard area structures which would impede or redirect flood flows. Impact Analysis GENERAL PLAN UPDATE The proposed General Plan Update portion of the Proposed Project envisions future development within Planning Area R, but does not propose a specific plan of development. Per existing General Plan policies that would remain applicable, it is logical to expect that development would not be proposed in portions of the Planning Area that are prone to flood hazards, and all proposed future development will need to demonstrate that it will not increase on or off-site flood risks. Also all proposed future development will need to comply with the City s SWMP, including employing LID practices. The proposed General Plan Update also includes the following proposed policy: LU-R-9. Watershed Management and Creek Protection. Actions within Planning Area R that would potentially affect Pismo Creek shall be consistent with good watershed management principles including implementing Low Impact Development practices to manage storm water runoff and water quality, avoid placement of fish passage barriers, encourage riparian revegetation and bank stabilization, and working with appropriate agencies to further strategic goals for estuary water quality. In conclusion, the General Plan Update itself is not expected to result in significant environmental impacts in the areas of drainage, flooding, or water quality. Proposals for specific development, including the development proposed as part of the Spanish Springs Specific Plan, will be required to consider and address potential drainage, flooding and water quality impacts. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR Drainage and Water Quality Page IV-D9

132 SPANISH SPRINGS SPECIFIC PLAN The proposed SSSP contains a conceptual storm drainage plan. The plan identifies conceptual LID practices for the long-term management of stormwater consistent with the City SWMP. The plan breaks down the Planning Area into sub-watersheds from which pre-and post development runoff has been calculated. The post-development 10-year storm interval runoff volume is planned to match the pre-existing condition within 1%, per City standards, by the use of stormwater catchment areas and overland catchment and percolation zones. The following analysis will identify the kinds of environmental impacts that could result from the project and proposes mitigation measures to avoid or reduce these effects to a level of insignificance. FLOOD HAZARD The FEMA flood insurance rate map indicates the 100- and 500-year flood level is generally contained within the creek banks throughout the Planning Area, including within the SSSP. The flood levels exceed the banks in limited areas within the Specific Plan, generally near the edge of riparian vegetation and not in a broad floodplain. All of the proposed building sites are located outside of the flood-prone areas and not within the 100-year floodplain. The proposed Inland Arterial route crosses Pismo Creek where the 100-year flood level is generally within the banks and canopy of riparian woodland, and not a floodplain. However, any encroachment in the floodplain with construction of the bridge could result in the flood level being raised upstream of the bridge. The proposed creek trail would generally be away from the riparian edge and out of the floodway. In the event of minor encroachments, the resulting flooding would not be a risk to people and trails are often allowed to flood with no substantial harm to the path. Impact WQ-1: Development of the creek bridge for the Inland Arterial near the connection to Price Canyon Road would require construction within the 100-year flood zone, potentially exposing those improvements and surrounding areas to flooding. This is considered a potentially significant impact. Mitigation Measure WQ-1 detailed in section 4) Mitigation Measures, following this section, would reduce this impact to less than significant. EROSION AND SILTATION RISK Grading and removal of native vegetation for development could temporarily contribute to surface runoff, soil erosion, siltation, and increased flooding hazards, during construction. Developed areas with significant change to preconstruction topology (slopes, bare or improperly stabilized topology, impervious areas) and steep circulation routes have potential for concentrating runoff which could significantly contribute to risks for erosion, siltation, and degradation of water quality. The total ground disturbance within the Specific Plan area is estimated at 339 acres for nonagricultural development. Development would occur in phases. Using the Environmental Protection Agency NPDES risk assessment calculator 10 assuming a one-year construction timeframe per tract, the amount of sediment potentially produced that could flow to drainages and waterways is 216 tons per acre of disturbed site. This figure is simply an estimate of what cold occur if the graded work area is totally unprotected during a rain event. The risk assessment for vineyards development on the flood plain would result in a lower figure due to flat landform, however vineyard development on slopes of 15% or more would result in a similar risk magnitude. Siltation of waterways and other surface waters would adversely impact the stream habitat for endangered species present in the creek. 10 Watershed Erosion Estimate = K(soil erodability) x R(rainfall intensity) x L(slope length) = 0.37 x 39 x 14.96= tons per acre. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR Drainage and Water Quality Page IV-D10

133 Impact WQ-2: Proposed development can potentially result in construction and post construction stage erosion and siltation of drainage ways, blueline streams and Pismo Creek, a potentially significant impact on surface water quality and topsoil loss. Mitigation Measure WQ-2 detailed in section 4) Mitigation Measures, following this section, would reduce this impact to less than significant. DRAINAGE PATTERNS & GROUNDWATER RECHARGE The SSSP includes a Stormwater Drainage Concept Plan (Map I-11 in the Project Description section). Storm water runoff computations have not been detailed for the Specific Plan area, as there are multiple variables to address for each neighborhood, phase and sub-phase. To analyze conveyance and detention facility needs and related systems, estimated storm water runoff analyses must be prepared for each phased development area in connection with proposed tentative tract maps or other development applications so that proper details may be considered with each application submitted for City review. However, the plan does estimate the number and surface areas of approximately 30 stormwater filtration / retention basins and a series of bioswales linking these basins that would serve to capture and percolate stormwater. The proposed SSSP Preliminary Stormwater Management Plan proposes an array of LID techniques designed to implement required Best Management Practices for controlling post development runoff volume and maintaining acceptable runoff water quality, so that 10 year post-development flow rates under developed conditions are no higher than peak flow rates under pre-development conditions. Because of increased impervious areas the total volume of runoff is increased, and these provisions are necessary for incremental percolation of stormwater to achieve the required post development runoff rates. Figures I-1 through I-6 Street Sections in the Project Description section of this EIR illustrate the bioswale concept along roadways. These concepts are generally consistent with the SWMP and the City will require future road development to adhere to specific criteria for stormwater flow management. The proposed total length of street side bioswales generally with rights of way is roughly 48,000 linear feet (9.1 miles), the total overland bioswale length including cobble drainage swales generally on open space areas is roughly 40,000 linear feet (7.5 miles). While the SSSP proposed Stormwater Drainage Concept Plan and narrative includes appropriate techniques for stormwater percolation on-site to meet the SWMP requirements, the level of engineered design is not sufficient to identify the volume of post-development stormwater and the adequacy of the number and size of basins and bioswales. LID principles also are intended to reduce stormwater flows in waterways. The SSSP would implement these measures. The SSSP Stormwater Drainage Master Plan includes adequate designs to implement required stormwater strategies consistent with the City SWMP. Impact WQ-3: Development modifying preconstruction topology, vegetation, drainage and percolation characteristics could lead to potentially significant impacts to drainage patterns and groundwater recharge, however the Proposed Project includes design features and standards for proposed storm drainage improvements that would avoid or substantially reduce these effects. Therefore, the impact is adverse but less than significant. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR Drainage and Water Quality Page IV-D11

134 WATER QUALITY As defined by the EPA 11, Low Impact Development principles are recognized to avoid or reduce many potential water quality impacts. LID principles also are intended to reduce stormwater flows in waterways. The following describes the principles, strategies and practices embodied in the LID concept. Many of these are also contained in the regulatory and CCSE documents for the watershed. LID Principles Conservation designs can be used to minimize the generation of runoff by preserving open space. Infiltration practices are engineered structures or landscape features designed to capture and infiltrate runoff. Runoff storage practices. Runoff from impervious surfaces such surfaces can be captured and stored for reuse or gradually infiltrated, evaporated, or used to irrigate plants. Runoff conveyance practices. In LID designs, conveyance systems can be used to slow flow velocities, lengthen the runoff time of concentration, and delay peak flows that are discharged off-site. Filtration practices are used to treat runoff by filtering it through media that are designed to capture pollutants through the processes of physical filtration of solids and/or cation exchange of dissolved pollutants. Low impact landscaping. Aesthetics are a primary concern, but it is also important to consider long-term maintenance goals to reduce inputs of labor, water, and chemicals. As shown on Figures IV-D.1 and IV-D.2, the objective of LID Integrated Management Practices (IMPs) is to have a post-development runoff hydrograph that has the same peak flow rate, and releases the same volume, as under pre-development conditions. 11 U.S. Environmental Protection Agency 2007 Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR Drainage and Water Quality Page IV-D12

135 Figure IV-D.1 Pre-and Post-Development with Conventional BMPs (Source: Prince George s County, 1999) Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR Drainage and Water Quality Page IV-D13

136 Figure IV-D.2 Comparison of BMPs and LID IMPs (Source: Prince George s County, 1999) PROJECT IMPLEMENTATION OF SWMP LID STRATEGIES The following Low Impact Development (LID) strategies included in the City s SWMP are intended to reduce water quality impacts, and are required to be incorporated into subsequent design and engineering plans for development pursuant to the Specific Plan. In some cases these strategies also serve to reduce stormwater volumes reaching waterways and these functions overlap. Each item includes a discussion of how the SSSP applies the strategy refer to Map IV-D.3 Residential Lot LID Drainage Concept. Define Development Envelope and Protected Areas- Protected Areas would include the buffer zone adjacent to Pismo Creek incorporating the 100-year floodplain and sensitive habitat considerations. The SSSP identifies protected areas and limits floodplain encroachment to the Inland Arterial crossing and adheres to the required creek setback for other development. As discussed in section IV-C Biological Resources, development of the golf course overlaps the major drainage across the Spanish Springs /Godfrey site. Minimize Limits of Clearing and Grading The SSSP proposes to create building pads for most or all of the residential lots. This approach allows maximum architectural flexibility and allows for some LID techniques that require flat surface areas to be employed on each lot, but it does not minimize the ground disturbance area. However, the SSSP is also designed to cluster development in the least constrained areas, including areas of less steep slope and away from drainages. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR Drainage and Water Quality Page IV-D14

137 Minimize Total Impervious Areas. The SSSP contains a discussion about minimizing impervious area, but only at the specific plan level of design, with the only specific instance being through the narrowing of streets. Narrow Road Sections and Alternative Roadway Layout. The use of grass shoulders and minimizing curb and gutter by design grass swales along the roads are included in the Proposed Project. Reduce Application of Sidewalks to One Side of Primary Roads. This strategy is part of the Project Description roadway sections. Minimize On-Street Parking. This strategy is part of the Project Description roadway sections. Minimize Drainage from Rooftops. This can be accomplished by minimizing rooftop area and by minimizing direct connections between rooftops and storm drainage pipes. Figure IV- D.3 Residential Lot LID Concepts from the SSSP demonstrate consistency with this strategy and disconnecting impervious surfaces (see below). Minimize Impervious Area of Driveways. The SSSP does not explicitly describe this strategy but is implied in the residential LID design strategy through associated graphics. Minimize Directly Connected Impervious Areas. The SSSP Stormwater Drainage Concept shows grass swales, bioretention facilities, and other BMPs to retain and slow runoff between impervious areas. Modify/Increase Drainage Flow Paths. This is accomplished using grass swales and cobble swales on moderate to low slopes to reduce increase flow paths and slow down runoff to predevelopment velocities and flow rates. The Stormwater Drainage Concept shows this type of strategy. Except as specifically noted in the impact analysis following related to aspects of site runoff, the SSSP includes adequate standards to implement required LID strategies consistent with the City SWMP. IMPACTS OF TYPICAL URBAN RUNOFF CONSTITUENTS The quantitative amounts of runoff constituent contaminants from urban activities and sediments cannot be precisely estimated. It is assumed that the potential exists for automotive chemicals and residential herbicides, pesticides and fertilizers to be used that can enter developed area stormwater runoff. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR Drainage and Water Quality Page IV-D15

138 l1-1/ (--- (--- Drains to Bioswale or Natural Areas as ---- Necessary to Retain Habitat Hydrplogy ~- Energy Dissipator to Natural Slope I I I I I I I I : I I Typical Variable Slope : : I J l l_l I I~ 1 ~ptional C.B~ HI Optional Catch Bas~ b V I I I / I or 2 C.B.'s/pipes I l' V ~n rear slope B.G. 7 I 'I~ ~ II I I I rr=----==n ~1' I ~[ L Il! Variable I Alternative Rain Barrel with Spigot / Hose II Slope Downspout Downspout I Residence Entry I If I I -t- j 1 Alternative - porous asphaltic concrete j : I or concrete over porous base course I 8-12" Channel Drain in 3' wide porous I I concrete overflow gutter or 2 to 3 HDPE I 6" pipes under wi Sloped Catch Basins I Sloped Catch Basin I Check Dam I ~ ~ 0 0 ~ ~... 0 c; 0 '0 0 ~...:l 0 ~ u... N 10 0 "'" N N O N = = -= _ 1:: = = = -= _ 4:1 Vegetated :::J3isWBliL C = ~~~~~~~~~ 4:1 Rural 2% Road <%f} i 11 O/'s' :J = = io '1Jg" -<L- Varies 0.5 to 15% 2% Alt. w/2nd Bioswale 1 - _.sli- qe e_ * 8' - 12' with Optional Parking 15: 1 Porous Concrete (2-3 spaces) in Specific Areas Scale: 1" -20' 4' Utility Box I Hydrants I Etc. -'k Note: Varying Low Impact Development (L.I.D.) elements will be used on lots as appropriate subject to grading, lot size, geology/soil conditions & final engineering Price Canyon Planning Area EIR Residential Lot L '- D_ Drainage Concept -- - I 0' 400' 800' 1600'

139 Impact WQ-4: Potentially significant impacts on the water quality of existing surface water will occur because of the use of herbicides, pesticides and fertilizers from residential and commercial development, driveway and roadway hydrocarbon residues, and erosion-generated silt from grading activities to the ephemeral streams and Pismo Creek. Mitigation Measure WQ-3 detailed in section 4) Mitigation Measures, following this section, would reduce this impact to less than significant. IMPACTS OF RECLAIMED WATER FOR IRRIGATION The project proposes to utilize tertiary treated wastewater to provide the irrigation needs of the proposed golf course, landscape area and possibly agricultural irrigation. The constituent of tertiary treated wastewater of primary concern is nitrogen. The nitrogen in wastewater is converted to nitrate (NO 3 ), if not in the aeration of the treatment process, then during the infiltration of the treated wastewater through the sand soils to the groundwater table. Application on the golf course is environmentally sound because of the nutrient uptake by the turf, including nitrogen and the resulting improvement of the quality of the infiltrating irrigation water, be it applied directly or blended. Therefore, the potential for accumulation of nitrogen in the groundwater is considered less than significant. Excessive reclaimed water application resulting in runoff to surface waters could result in increased nitrogen levels in surface waters, a potentially significant impact. Dissolved pharmaceuticals have also been found to be present in reclaimed water. According to the American Waterworks Association: 12 Pharmaceuticals and personal care products, known in the water industry as PPCPs, are a group of compounds consisting of human and veterinary drugs (prescription or over the counter) and consumer products, such as fragrance, lotions, sun-screens, house cleaning products, and others. These compounds have been detected in trace amounts in surface water, drinking water and wastewater effluent sampling conducted in both Europe and the U.S. PPCPs can be introduced into the environment in several ways, including: Flushing unused medications down the toilet or sink. Rinsing personal hygiene and household cleaning products down the drain. Excreting unabsorbed medications into the sewage system. Farm animals excreting veterinary drugs, including hormones and antibiotics, into fields Commercial improper disposal methods. Water professionals have the technology today to detect more substances - at lower levels - than ever before. As analytical methods improve, many compounds such as those listed above are being found at extremely low levels, typically single-digit parts per trillion (ppt). Drinking water standards are typically set in the parts per billion range, which is 1000 times higher. The fact that a substance is detectable in drinking water does not mean the substance is harmful to humans. To date, research throughout the world has not demonstrated an impact on human health from the trace amounts of PPCPs found in drinking water. While these trace substances may be detected at very low levels in source waters, people regularly consume or expose themselves to products containing these substances in much higher concentrations through medicines, food and beverage and other sources. The level in which they are found in source waters is very small in comparison. Water professionals also are researching the effectiveness of current treatment techniques on removal of PPCPs and other organic compounds. Because of the wide array of chemical structures and properties 12 American Waterworks Association website Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR Drainage and Water Quality Page IV-D17

140 associated with PPCPs, no one single treatment can remove them all. Technologies under investigation include membranes and GAC which physically remove compounds and ozone or UV which break them down. The U.S. Environmental Protection Agency maintains an active program called the Contaminant Candidate List (CCL) to identify contaminants in public drinking water that warrant detailed study. The most recent Contaminant Candidate List, CCL3, finalized on Sept. 22, 2009, for the first time includes 10 pharmaceutical compounds. Based on the current science related to PPCPs, while it is possible reclaimed water that could runoff into streams and surface waters may contain PPCPs, exposure of these to human contact is extremely limited and would be via contact, not ingestion. Additional discussion of PPCPs related to impacts on aquatic habitat is contained in section IV-C Biological Resources. In summary, though the likelihood of each reclaimed constituent in runoff to reach significant adverse levels may be low, a potential impact is foreseeable, therefore, without specific source information and management in the SSSP the impact is considered potentially significant. Impact WQ-5: Potentially significant impacts to the quality of existing surface waters and groundwater may occur as a result of golf course and agriculture irrigation with reclaimed water, with as yet unidentified reclaimed water chemical constituents. Mitigation Measure WQ-4 detailed in section 4) Mitigation Measures, following this section, would reduce this impact to less than significant. IMPACTS OF GOLF COURSE FERTILIZATION PRACTICES Nitrogen is soluble in nitrate form and would be expected to be present in the drainage discharge from the proposed golf course and landscape areas. Dissolved nitrogen is also a component of all urban runoff as nearly all urban landscapes use fertilizer. In addition, nitrogen is present in agricultural runoff associated with both crops and livestock. Nitrate levels of 10 ppm are not unusual where livestock are present (Greg McGowan, ARCADIS, personal communication). Livestock currently using the site contribute nitrogen to the creeks today. Nitrogen can be harmful when concentrations increase algae levels. Increased algae use up oxygen in the water and decrease water quality for aquatic organisms. Currently there is not evidence of adverse algae levels in the creek in the Planning Area reaches although seasonal fluctuations would be expected. Sports field turf at Cal Poly may serve as a useful comparison to the Proposed Project golf course turf. Monitoring of drainage discharge water quality in Brizzolara Creek at Cal Poly indicates the predevelopment level of 5 ppm nitrate (livestock upstream) increased to 8 ppm during the turf establishment phase (Chris Clark, CMCA, personal communication April 2001). The turf establishment phase used double the normal fertilizer rates (George Meade, Cal Poly, personal communication March 2001). Because turf fertilization during establishment is for a short duration, this effect is not significant for water quality. Long-term effects would also be less than significant primarily because current industry turf management techniques ensure that a high percentage of nutrients are taken up into the turf and are not residual and available in the soil for leaching in significant amounts. Provided that fertilization is managed, the increase in nitrogen in the surface would not be expected to create significant adverse effects on water quality. Last, the overland distance potentially nutrient laden golf course runoff would travel to Pismo Creek provides substantial filtering effects. Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR Drainage and Water Quality Page IV-D18

141 IMPACTS OF AGRICULTURAL PRACTICES The most prevalent source of agricultural water pollution is soil that is washed off fields (EPA, 2001). Erosion occurs readily when fields are left bare during wet weather conditions. Erosion removes fertile topsoil from croplands and native vegetation from stream banks. As one example of erosion 13, studies of hillside vineyards in Napa and Sonoma Counties conducted by the USDA Natural Resources Conservation Service estimated that soil losses from these vineyards were up to 350 tons per acre per year, and averaged 50 tons per acres per year (USDA, 1985; Bianchi, 2002). Nutrients such as phosphorous, nitrogen and potassium are often applied to agricultural crops to boost growth and crop production. Another source of nutrients is cattle or other farm animal feces. Excess nutrients can be washed into waterways without sufficient buffers or be deposited directly into the waterway. In addition, fertilizers and heavy metals can attach to soil particles that erode into the creek (EPA, 2001). The SSSP indicates vineyard and /or orchards are planned. Site preparation often requires deep ripping for vineyards, and other ground disturbing activities, including farm roads, can be anticipated. The SSSP does not specify particular agricultural practices for management and application of fertilizer, pesticides and exposed soils. Impact WQ-6: Vineyard and orchard agricultural operations have the potential to result in sedimentation of surface waters and may result in runoff with pesticides flowing to surface waters, a potentially significant impact. Mitigation Measure WQ-5 detailed in section 4) Mitigation Measures, following this section, would reduce this impact to less than significant. Potential Cumulative Impacts The Proposed Project would not contribute to a cumulatively significant increase in flood risk, adversely modify the 100-year flood zone, degrade offsite water quality, or diminish the ability of disturbed soils to percolate runoff because the SSSP includes features to avoid or minimize these effects. The cumulative impacts in the SSSP site related to flooding, drainage volumes, and erosion and runoff water quality can be mitigated at the project-level to less than significant by implementation of proposed stormwater basins, LID practices, City Stormwater Management Program requirements, and project-specific mitigation measures. As a result, the quality of water discharged from the SSSP site would not significantly contribute to the cumulative impacts to Pismo Creek estuary water quality. Therefore no significant cumulative impacts are identified. 4. Mitigation Measures to Avoid or Reduce Environmental Impacts General Plan Level Policy Measures General plan policies S-8 and S-9 address planning and development in flood hazard areas. Development of parcels partly within the 100-year flood plain will require an hydrological engineer s report to assess potential flood risks, identify boundaries and specify measures for compliance with FEMA requirements and the City s flood plain zoning. Parts of Planning Area properties are within 13 Regional Land Use Planning for Water Quality in the Pismo Creek Watershed, Nicole Smith (2008). Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR Drainage and Water Quality Page IV-D19

142 flood plain boundaries and it is expected that a hydrological analysis and report will be necessary. Compliance with policies S-8 and S-9 provides program level mitigation for potential flood impacts. Under General Plan Policy CO-3 and the City s SWMP, all development subject to the approved Specific Plan shall demonstrate that: The plan meets the hydromodification control criteria and LID Best Management Practices in place at the time of submittal and requirements of the City SWMP, The plan does not substantially reduce groundwater recharge of runoff by changing historical drainage patterns, and, Subsequent development plans for construction comply with the General Permit and all applicable regulatory standards in place at the time of submittal including, but not limited to, construction-phase Storm Water Pollution Prevention Plan and applicable BMPs for construction runoff control. Therefore, only the following project specific measures are required. Project-Level Measures Mitigation Measure WQ-1: To mitigate impacts identified in Impact WQ-1 related to bridge construction in the 100-year flood zone, a flood plain study shall be conducted prior to the submittal of the tentative tract map that includes the proposed Inland Arterial bridge over Pismo Creek to determine the flood level and evaluate the bridge as designed and its potential impacts on hydrology, water quality, and flooding. This stage shall also require a hydrologic report to assess potential flood risk, identify boundaries and specify measures for compliance with FEMA requirements, General Plan and state requirements to avoid or minimize adverse effects to riparian and creek resources, and the City s flood plain zoning provisions. Mitigation Implementation / Monitoring 1) Performance Standard: Compliance with hydrological engineer s and, as applicable, biologist s report. 2) Contingency Measure: Civil Engineer may recommend alternative measures. 3) Implementation Responsibility: City Planning Dept. to require applicant to submit with tentative tract map. 4) Implementation Schedule: Prior to tentative tract map approval. 5) Monitoring Method: City Engineer shall review report and documentation prior to tentative map approval. Mitigation Measure WQ-2: To mitigate impacts identified in Impact WQ-2 related to erosion and sedimentation, future development projects in the Planning Area will be required to comply with the General Permit, as detailed following: Compliance with 1) the State General Construction Activity Permit, as most recently modified by the State Water Resources Control Board (SWRCB), and 2) City standards applied uniformly to all future projects over one acre (or less than one acre if part of a larger common planned development) would ensure that construction-related sediment or other contaminants that could adversely affect receiving water would be reduced to a less-than-significant impact. Development projects shall be required to meet Best Management Practices (BMP) standards for operational phase stormwater runoff and to maintain the on-site BMPs, Future developments Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR Drainage and Water Quality Page IV-D20

143 shall implement BMPs to manage water quality by providing on-site runoff treatment in line with the on-site infiltration system. With this mitigation, the stormwater pollutant load would be minimal, and would result in a less-than-significant impact. Mitigation Implementation / Monitoring 1) Performance Standard: Design and install Best Management Practices (BMPs) such as storm drain filters to reduce hydrocarbon and/or sediment-bound metals. 2) Contingency Measure: Other BMP measures may be approved by City reviewers. 3) Implementation Responsibility: City Public Works Dept. for final development plans and construction. Applicant shall submit a copy of the Notice of Intent to obtain coverage under the General Permit to the Public Works Dept. 4) Implementation Schedule: Final plan development and prior to and during construction. A copy of the SWPPP must be maintained on the project site during grading and construction activities. 5) Monitoring Method: City Engineer shall review BMPs measures prior to permit issuance and field verify. The City Engineer shall inspect site during construction for compliance with the SWPPP. Mitigation Measures WQ-3: To mitigate impacts identified in Impact WQ-4, related to residential and commercial area development runoff, the following additional LID practices shall be incorporated into the SSSP chapter 5 section on Stormwater and all subsequent tract map applications or other development submittals: Delineate all development envelopes and protected areas. Protected Areas would include the buffer zone adjacent to Pismo Creek, incorporating the 100-year floodplain and sensitive habitat considerations and critical open space identified on General Plan LUE-R Habitat Resource Zones). Minimize limits of clearing and grading by adhering to designated building envelopes approved in connection with tentative tract map or other development permit applications. Minimize Total Impervious Areas by identifying precise building envelopes and identifying where and how much impervious area is allowed under the SWMP. Minimize drainage from rooftops by minimizing rooftop area and by minimizing direct connections between rooftops and storm drainage pipes consistent with LID practices. Minimize impervious area of driveways and other residential hardscape by promoting the use of pervious pavement and reduce driveway size. Minimize directly connected impervious areas by utilizing grass swales, bioretention facilities, and filter buffer strips to retain and slow runoff between impervious areas. Modify / lengthen drainage flow paths by using grass swales and install at moderate to low slopes to reduce increase flow paths and slow down runoff to predevelopment velocities and flow rates. Mitigation Implementation / Monitoring 1) Performance Standard: Design and install Low Impact Development (LIDs) and Integrated Management Practices (IMPs) such as minimize impervious area, and use of bioretention swales. 2) Contingency Measure: Other LID/IMP measures may be approved by City reviewers. 3) Implementation Responsibility: City Public Works Dept. for final development plans and construction. 4) Implementation Schedule: Final plan development and prior to and during construction. 5) Monitoring Method: City Engineer shall review LID measures prior to permit issuance and field verify. Mitigation Measure WQ-4: To mitigate potential water quality impact identified in Impact WQ-5 and resulting from the application of reclaimed water and golf course horticultural chemicals, an Integrated Pest Management Plan shall be prepared for the golf course and all common area landscape that Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR Drainage and Water Quality Page IV-D21

144 analyzes the reclaimed water constituent chemicals that may be harmful to aquatic resources, and includes a program for modification of the reclaimed source if needed to reduce harmful constituents, a monitoring program to verify consistent water quality, and specific measures to manage irrigation water application methods and times. It must also identify fertilization methods, monitoring and call for the reduction of the reliance on horticultural chemicals to the degree feasible. Mitigation Implementation / Monitoring 1) Performance Standard: Compliance with SWMP and applicable regulations at time of application. 2) Contingency Measure: A Civil Engineer or Agronomist may recommend alternative measures. 3) Implementation Responsibility: Applicant. 4) Implementation Schedule: Prior to approval of subsequent development plans for the Golf Course 5) Monitoring Method: City Engineer shall review plans and documentation prior to final approval. City shall require annual reporting for compliance. Mitigation Measure WQ-5: To mitigate potential water quality impact identified in Impact WQ-6 resulting from agricultural operations the landowner/ agricultural operator shall enroll in and comply with the most current RWQCB Conditional Ag Waiver program which requires the development and implementation of a farm water quality management plan for the reduction of water quality impacts. Mitigation Implementation / Monitoring 1) Performance Standard: Compliance with Conditional Waiver and applicable regulations at time of application. 2) Contingency Measure: A Civil Engineer may recommend alternative measures. 3) Implementation Responsibility: Applicant. 4) Implementation Schedule: Prior to approval of farm grading activities. 5) Monitoring Method: City shall confirm permit received from RWQCB Level of Impact Significance after Implementation of Mitigation Measures With the implementation of the above mitigation measures in combination with regulatory requirements and inherent project features, the impacts associated with flooding and drainage volumes and impacts related to flood hazard would be avoided or reduced to a less than significant level. Implementation of LID and IMPs consistent with the City SWMP would include erosion control measures put into practice to reduce impervious areas with building envelopes, rooftops and site drainage controls to infiltrate and filter runoff, and would result in a less than significant impact. Implementation of LID strategies and on-site flood control retention measures would ensure groundwater percolation is maintain substantially the same, or better than pre-development conditions. The implementation of LID practices and the reclaimed water / golf course Integrated Pest Management Plan would avoid any substantial contribution to downstream creek lagoon water quality by minimizing potential for sediment and chemical constituents of runoff entering the creek, resulting in a less than significant impact on surface water quality. 5. List of Abbreviated Terms LIST OF ABBREVIATED TERMS Abbreviation BMPs Term Best Management Practices Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR Drainage and Water Quality Page IV-D22

145 Abbreviation CCL CCSE CEQA CMCA DPH EIR EPA FEMA GRRP IMP LID MEP NO 3 NOP NPDES PCSP PPCP PPM PPT PXP RWQCB SFHA SWMP TPH USDA VOC Term Contaminant Candidate List Central Coast Salmon Enhancement California Environmental Quality Act Crawford, Multari, Clark & Associates Department of Public Health Environmental Impact Report United States Environmental Protection Agency Federal Emergency Management Administration Groundwater Recharge and Recovery Program Integrated Management Practices Low-Impact Development Maximum Extent Practicable Nitrate Notice of Preparation National Pollution Discharge Elimination Price Canyon Specific Plan Pharmaceuticals and Personal Care Products Parts Per Million Parts Per Trillion Plains Exploration and Production Regional Water Quality Control Board Special Flood Hazard Area Storm Water Management Program Total Petroleum Hydrocarbons United States Department of Agriculture Volatile Organic Compounds Price Canyon (Planning Area R) General Plan Update and Spanish Springs Specific Plan EIR Drainage and Water Quality Page IV-D23

146 E. CULTURAL AND PALEONTOLOGICAL RESOURCES 1. Environmental Issue This section was compiled by Firma from Phase 1 Archaeological Surface Surveys prepared by Cultural Resource Management Services, C.A. Singer and Associates, Bertrando And Bertrando Research Consultants and Past, Inc. and Research Design for Phase 2 Archaeological Testing of Cultural Resources on Godfrey, Spanish Springs North and South Ranches, CRMS February The complete reports are contained in the EIR Technical Appendix. The purpose of the archaeological surface surveys was to determine whether any archaeological/cultural resources were present within the Planning Area, to map the extent based on surface examination, and to determine the nature and significance of any resources discovered. The archaeological studies were undertaken accordance with the California Environmental Quality Act of 1970 which declares that the policy of the State of California is to: take all steps necessary to provide the people of this state with enjoyment of historic environmental qualities. The CEQA definition of environmental qualities includes objects of historic, archaeological and aesthetic significance (Public Resources Code Section 21001). Because the Pismo Beach area is a sensitive archaeological area, projects that are in the area are generally required to have a surface survey to identify any cultural materials that may be affected by a proposed project. This section also addresses the potential for significant paleontological resources and solstice obstruction within the Planning Area. 2. Environmental & Regulatory Setting Regulatory Setting The Conservation and Open Space Element includes the following policy related to cultural and paleontological resources: CO-5 Protect Archaeological Resources Archaeological and paleontological resources are declared to be important and to be conserved.as part of the CEQA process for all new development projects, all known and potential archaeological resources shall be fully investigated by a qualified archaeologist recognized by the state Historic Preservation Office [sic]. Appropriate protections shall be determined as part of the review process including: a. Locations within the city known to have high probability of occurrence of archaeological sites shall be zoned in the Archaeological Resources overlay district. 1 Cultural Resource Inventory of the Avila Ranch, Bertrando and Bertando January 2001, and Addendum December Cultural Resource Survey VTM CO , CA Singer and Associates, December Phase 1 Cultural Resources Survey of Assessor s Parcel Numbers and Price Canyon Planning Area R General Plan Update, Annexation and Specific Plan EIR IV-E Cultural Resources. Page IV-E1

147 b. Sites of statewide or nationwide significance shall be nominated for inclusion in the Registry of California Historic Landmarks or the National Historic Landmark Program. c. Specific recommendations prepared by the archaeologist shall be incorporated into the project approval. In addition, Policy CO-6 requires cessation of work on any construction project if cultural resources are unearthed with review by an archaeologist. Policy LU-N-20: Pismo Creek Price Canyon Adobe (Park and Recreation Element)- [MODIFIED EXISTING POLICY AS FOLLOWS] The Price Canyon Adobe area should be acquired by or dedicated to a public agency for use as a natural park and local museum. A specific master plan should be prepared for the Pismo Creek historical park area and adobe including trails and public facilities. A golf course should be located in the vicinity of the creek. In addition, areas designated to be private open space shall be maintained by the future owners. Non-sensitive and non-hazard areas so designated may be developed for open recreational purposes. The Price Adobe Park area within the city limits should be extended to include the SPRR UPRR property adjacent to Pismo Creek. The city should request that SPRR UPRR dedicate this small parcel to the city for park use. Relating to the parcel on the other side of Pismo Creek from the Price Anniversary House site, is Policy LU-O-2: Pismo Creek Linear Park- Pismo Creek and adjacent land should be developed as part of a comprehensive linear park as specified in the Park & Recreation Element, Policy PR-13 and the Design Element Policy D-24, Price Canyon Road. PARKS AND RECREATION ELEMENT PR-21. John Michael Price Historical Site and Park. [MODIFY FOURTH SENTENCE AS FOLLOWS] The plan may include a 6-acre an expansion of the present site to include adjoining lands that contain the adobe and schoolhouse of the Price Rancho. STATE REGULATIONS California Register of Historical Resources (CRHR). The California Register is an authoritative guide in California to be used by state and local agencies, private groups, and citizens to identify the state s historical resources and to indicate which properties are to be protected, to the extent prudent and feasible, from substantial adverse change (Public Resources Code Section (a)). The CRHR is overseen and administered by the State Historical Resources Commission. The criteria for listing resources on the CRHR are based on those developed by the National Park Service for listing on the National Register of Historic Places with modifications in order to include a broader range of resources which better reflect the history of California. A resource is considered historically significant if it: Is associated with events or patterns of events that have made a significant contribution to the broad patterns of the history and cultural heritage of California and the United States. Is associated with the lives of persons important to the nation or to California s past. It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values. It has yielded, or may be likely to yield, information important to the prehistory or history of the State and the Nation. Price Canyon Planning Area R General Plan Update, Annexation and Specific Plan EIR IV-E Cultural Resources. Page IV-E2

148 California Public Resources Code. Section of the California Public Resources Code stipulates that it is contrary to the free expression and exercise of Native American religion to interfere with or cause severe irreparable damage to any Native American cemetery, place of worship, religious or ceremonial site, or sacred shrine. With regard to paleontological resources, Section of the California Public Resources Code (PRC) prohibits excavation or removal of any vertebrate paleontological site or historical feature, situated on public lands, except with the express permission of the public agency having jurisdiction over such lands. PRC requires reasonable mitigation of adverse impacts to paleontological resources from development on public land. Penal Code Section 623 spells out regulations for the protection of caves, including their natural, cultural, and paleontological contents. It specifies that no material (including all or any part of any paleontological item) will be removed from any natural geologically formed cavity or cave. State Health and Safety Code. If human remains are discovered or exposed during construction, State Health and Safety Code Section requires that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section If the remains are determined to be of Native American descent, the coroner has 24 hours to notify the Native American Heritage Commission (NAHC). The NAHC will then contact the most likely descendent of the deceased Native American, who will serve as a consultant on how to proceed with the remains (i.e., avoid, rebury). TRIBAL CONSULTATION The review and approval process for all General Plan Updates and Amendments is required by state law to include consultation with Native American Tribes pursuant to Government Code section (Senate Bill 18). Senate Bill 18 requires that each time a local government considers a proposal to adopt or amend the general plan or specific plan, they are to contact the appropriate tribes identified by the Native American Heritage Commission (NAHC). If requested by the tribes, local governments must consult with the tribes for the purpose of preserving or mitigating impacts to cultural places. The intent of SB 18 is to engage the Native American community in the planning process at an early point in time. The SB 18 Tribal Consultation process is separate from the CEQA process. The Northern Chumash Tribal Council and the Salinan Tribe of Monterey, San Luis Obispo and San Benito Counties were identified by NAHC for the purpose initiating Tribal Consultation for the Price Canyon General Plan Update. Notice was sent to these identified tribes pursuant to SB 18 on June 13, 2008 (refer to Appendix A documentation). Under the law, the tribes have 90 days to respond to request consultation and no comment or request was received by the City within this time period. A meeting was held with the Northern Chumash Tribal Council representative on October 27, 2009 to discuss potential concerns regarding ridgeline and solstice obstruction. This consultation information will be included in this EIR as it relates to the identification and protection of sites important to the Native American community Price Canyon Planning Area R General Plan Update, Annexation and Specific Plan EIR IV-E Cultural Resources. Page IV-E3

149 Environmental Setting The Project area is located within the territory historically occupied by the Obispeño Chumash, the northernmost of the Chumashan-speaking peoples of California (Heizer 1978, Kroeber 1953). The many archaeological sites found in San Luis Obispo County have the potential to provide a greater understanding of the development and complexity of Chumash society and culture. Archaeological resources also have heritage values to modern Chumash. Prehistoric and ethnohistoric archaeological sites and objects they contain provide important cultural links to the past, and in recent years local Chumash have been getting more involved in the management of cultural resources. The study area occupies a landform that diverges into a wide variety of geology and sediments. Immediately to the south and east is Pismo Creek and the associated floodplain composed of Holocene alluvial deposits (Chipping 1987). The project area itself overlays brown siltstone and shale that is part of the Miguelito member of the Pismo formation, a Miocene sedimentary unit that is known locally for its petroleum productivity (Chipping 1987). Within the project area there are at least two abandoned capped oil wells and several sand/gravel pits, examples of historical use of the geological resources of the area. The name Pismo is derived from the Obispeño word pismu meaning tar (Applegate 1975:38), and may have been the name of a village located in Price Canyon. Ethnohistoric data suggests, however, that the subject area fell within the jurisdiction of the village of Chiliquini (Gibson 1983a:Map 4). Archaeological evidence suggests that the coastal strand was inhabited and heavily exploited for many thousands of years. Yet when the earliest Spanish chroniclers journeyed through the region they observed no native villages in this particular area (Gibson 1983a). In 1769 the expedition led by Gaspar de Portolá journeyed northward toward Monterey following the California coastline. References to the landscape that included Price Canyon and Las Cuevitas Creek and Valley appear in the writings of the first explorers through the county. Heading north across the county in 1769, was the expedition of Gaspar de Portolá. They preceded the chain of missions that were eventually established along coastal California. Previous investigation places the camp site just to the north of the confluence of the Pismo and Las Cuevitas Creeks in the near vicinity of the Avila Ranch buildings (Gibson 1992). Gibson has the route proceeding through the Las Cuevitas Valley and into Gragg Canyon on the way north and returning by way of the old road to Pismo south through Las Cuevitas from Davenport Creek exiting at Price Canyon. The Canyon was named after John Miguel Price, an Englishman who first came to the area in 1836 or 37 to work for William Dana and later for Isaac Sparks on the Huasna Rancho. Soon fluent in Spanish and living the California way life, he married Maria Andrea Carlon. His deed for one half of the Pismo Rancho was dated He settled near the mouth of Price Canyon in an existing adobe (Leonard 1981). The history of Price Canyon is partly the history of John Miguel Price. Price Canyon Planning Area R General Plan Update, Annexation and Specific Plan EIR IV-E Cultural Resources. Page IV-E4

150 HISTORIC LANDMARKS The Price House, which adjoins General Plan Planning Area R- Price Canyon on the southwest edge, is described in the City General Plan as a registered historical landmark. In 1987 the City of Pismo Beach adopted Resolution R designating the anniversary house as a Historic Landmark of the City of Pismo Beach. In August of 1988 the State Historical Resources Commission approved Point of Historical Interest SLO-002 Price Anniversary House. The Price Anniversary House was also nominated and placed on the National Register of Historic Places (# ). In 2008, the Department of Interior National Park Service listed the Price Anniversary House as an Interpretive Site along the Juan Bautista de Anza National Trail. In 1981 Pismo Beach recognized the unique historical values of the old Price rancho and adopted the first protective measures to implement a program to save and preserve the historic buildings and site in Price Canyon. In the City s 1981 and 1992 General Plans, the city determined that the Price Anniversary House, as well as the adjacent adobes, are unique historic resources and required that they be set aside for protection. In February 2000, Friends of Price House, Inc. presented the initial overall plan for the park as the Price Historical Park Master Plan. In 2001 the Meherin House was moved to Price Historical Park from Shell Beach. In June 2003, the City of Pismo Beach adopted a final version of the Master Plan to guide decision making and improvements at the Park. In 2008 Rancho Pismo Drive was completed, providing year round access to Price Historical Park, and FOPH embarked on the first comprehensive update of the Master Plan. An Update to the Master Plan was presented by Friends of Price House to the City of Pismo Beach in PALEONTOLOGY The geology of the Planning Area, including the SSSP area, consists primarily of uplifted marine sediments. These geologic formations often contain fossilized marine life. Shell and tooth fossils have been recovered in grading operations at the oilfield nearby and larger vertebrate fossils have been identified on a site on the northwest side of Price Canyon Road within the city Impact Analysis Environmental Impact Significance Criteria The California Environmental Quality Act (CEQA) uses the same basic criteria as Secretary of the Interiors Standards when assessing cultural resources. The significance of the thirteen identified resources have been assessed with regard to the California Environmental Quality Act (CEQA), Appendix K, and revised effective February 1999 (Public Resources Code , Title 14 CCR, Section 4852). Specifically, a resource is eligible for listing in the 2 Paleontological and Cultural Resources of Northeastern Price Canyon, Cogstone. September 2008 and Initial Study for Canyon Villas, Pismo Beach, Firma, July 2008 Price Canyon Planning Area R General Plan Update, Annexation and Specific Plan EIR IV-E Cultural Resources. Page IV-E5

151 California Register of Historical Resources (CRHP)(Public Resources Code Section ; CEQA Guidelines Section (a) (1) if it meets one of the following four criteria: (A) (B) (C) (D) Is associated with events that have made a significant contribution to the broad patterns of California s history and cultural heritage; Is associated with the lives of persons important in our past; Embodies the distinctive characteristics of a type, period, region or method of construction, or represents the work of an important creative individual, or possess high artistic values; or Has yielded, or may be likely to yield, information important in prehistory or history. The CEQA Guidelines provides the following impact significance criteria for historic resources: (b) A project with an effect that may cause a substantial adverse change in the significance of an historical resource is a project that may have a significant effect on the environment. (1) Substantial adverse change in the significance of an historical resource means physical demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance of an historical resource would be materially impaired. (2) The significance of an historical resource is materially impaired when a project: (A) Demolishes or materially alters in an adverse manner those physical characteristics of an historical resource that convey its historical significance and that justify its inclusion in, or eligibility for, inclusion in the California Register of Historical Resources; or (B) Demolishes or materially alters in an adverse manner those physical characteristics that account for its inclusion in a local register of historical resources pursuant to section (k) of the Public Resources Code or its identification in an historical resources survey meeting the requirements of section (g) of the Public Resources Code, unless the public agency reviewing the effects of the project establishes by a preponderance of evidence that the resource is not historically or culturally significant; or (C) Demolishes or materially alters in an adverse manner those physical characteristics of a historical resource that convey its historical significance and that justify its eligibility for inclusion in the California Register of Historical Resources as determined by a lead agency for purposes of CEQA. In regards to the treatment of the archaeological resources, the Section continues: CEQA applies to effects on archaeological sites. When a project will impact an archaeological site, a lead agency shall first determine whether the site is an historical resource, as defined in subsection (a). If a lead agency determines that the archaeological site is an historical resource, it shall refer to the provisions of Section of the Public Resources Code, and this section, Section of the guidelines, and the limits contained in Section of the Public Resources Code do not apply. If an archaeological site does not meet criteria defined in subsection (a), but does meet the definition of a unique archaeological resource in Section of the Public Resources Code, the site shall be treated in accordance with the provisions of section The time and cost limitations described in Public Resources Code Section (c-f) do not apply to surveys and site evaluation activities intended to determine whether the project location contains unique archaeological resources. Price Canyon Planning Area R General Plan Update, Annexation and Specific Plan EIR IV-E Cultural Resources. Page IV-E6

152 If an archaeological resource is neither a unique archaeological nor an historical resource, the effects of the project on those resources shall not be considered a significant effect on the environment. It shall be sufficient that both the resource and the effect on it are noted in the Initial Study or EIR, if one is prepared to address impacts on other resources, but they need not be considered further in the CEQA process. In regards to the existence or the probable likelihood of Native American remains within a project, the Section continues: When an initial study identifies the existence of, or the probable likelihood, of Native American human remains within the project, a lead agency shall work with the appropriate Native Americans as identified by the Native American Heritage Commission as provided in Public Resources Code The applicant may develop an agreement for treating or disposing of, with appropriate dignity, the human remains and any items associated with Native American burials with the appropriate Native Americans as identified by the Native American Heritage Commission. Action implementing such an agreement is exempt from: The general prohibition on disinterring, disturbing, or removing human remains from any location other than a dedicated cemetery (Health and Safety Code Section ) The CEQA Guidelines indicate a project could have significant effects upon paleontological resources if the project would directly or indirectly destroy a unique paleontological resource. The determination of significance based on the uniqueness of the paleontological materials cannot be made in advance of earthwork that might expose these resources, therefore, this determination is typically made by a qualified paleontologist monitoring the work. Impact Analysis GENERAL PLAN UPDATE The proposed GP Update contemplates development occurring over time within Planning Area R, but does not specify the precise location or extent of development. As a result, the potential for impacts to cultural resources present within the Planning Area is better understood when analyzing development footprints contained within proposed Specific Plans like the Spanish Springs Specific Plan proposed for a portion of Planning Area R. The General Plan envisions areas of open space preservation in the Planning Area, including an area that contains an adobe site and surrounding lands (CA-SLO-968H) become a city park. These features will be incorporated in the updated Price Historic Park Master Plan through a future dedication of land from the neighboring Big Bird Ranch property in connection with any development application made by the Big Bird Ranch property owners. RECORDED ARCHAEOLOGICAL SITES WITHIN THE SPANISH SPRINGS SPECIFIC PLAN AREA Loughead Ranch A surface survey performed in 2005 was preceded by a review of relevant documents and maps including archaeological records searches prepared in 1991 (cf. Singer and Atwood 1991) and 1993 by the Central Coast Information Center at the University of California, Santa Barbara (UCSB). Both the 1991 and 1993 record searches showed that Charles E. Dills (1977) had examined the neighboring property before construction of the development called Oak Price Canyon Planning Area R General Plan Update, Annexation and Specific Plan EIR IV-E Cultural Resources. Page IV-E7

153 Park Heights. During a 1991 discussion with Dr. Dills he stated that the part of the subject property (the flat terrace) that is proposed for development was examined in 1977, and no resources were found. At the present time, the nearest recorded archaeological site is the Price House, CA-SLO-968H, a late 19 th Century residence on the floodplain in Price Canyon just west of the property. The survey produced no evidence suggesting the subject property was occupied in the past. However, it is unreasonable to believe that indigenous Native Americans and later Euro- Americans have not lived on and traveled across this landscape. But these visits may well have been of very short duration and may not have resulted in alteration of the landscape or any accumulation of refuse. In any case, no surficial archaeological remains were left to find or investigate. Spanish Springs South Ranch and Godfrey Properties Cultural Resource Management Services preformed a Phase 1 and a Phase 2 Archaeological surveys in 2008 and 2010, respectively. The 2010 Phase 2 report established trinomial designations for the previously unrecorded resources found. The Central Coast Information Center (CCIC) reviewed the reports on file with the CCIC as well as State Historic Data Files, National Register of Historic Places, National Register of Determined Eligible Properties, California Historical Landmarks, California Points of Historical Interest, California Office of Historic Preservation Archaeological Determinations of Eligibility and the Caltrans State and Local Bridge Surveys. The results of the record search indicate that at least twenty cultural resource investigations have been conducted in the vicinity of the Planning Area. They have identified and located three archaeological sites near the SSSP properties. The sites vary from large and complex prehistoric sites to extensive historic sites and isolated objects such as wellheads. A total of 17 cultural resources were identified during this survey, all but two on the South Ranch parcel. Of the 17 resources identified during this investigation two do not appear to have the potential to meet at least one of the four criteria for significance. The two wellheads appear to be isolated features with little potential to yield important information. Consequently, no impact is identified for SSSR wellhead 1 or SSSR wellhead 2. The proposed development ground disturbance footprint (refer to Map IV C.2) would not impact sites , , and Based on the 2010 CRMS report, the impact significance of the remaining identified cultural resource sites are presented following. These sites occur in areas proposed for development and some that may be farmed rather than developed for roads or other uses, however, farming could adversely impact the resources. Impact CR-1: The proposed development ground disturbance footprint has the potential to directly impact significant prehistoric cultural artifacts at CA-SLO-2600H, CA-SLO- 2601, CA-SLO-2602, CA-SLO 2603, CA-SLO-2604, CA-SLO-2605 and CA-SLO Impact CR-2: The proposed development ground disturbance footprint and planned vineyards and trails have the potential to directly impact significant historic cultural Price Canyon Planning Area R General Plan Update, Annexation and Specific Plan EIR IV-E Cultural Resources. Page IV-E8

154 artifacts at sites , 2615H, 2616H, and Mitigation Measures CR-1 and CR-2 detailed in section 4) Mitigation Measures, following this section, would reduce these impact to less than significant. The flat stream terraces on both sides of Pismo Creek, and the banks of the creek itself, often have very poor ground surface visibility due to heavy vegetation. Because areas near creek have often been found to have been used by humans in prehistoric times, this area has a good potential for cultural resources and where development involving ground disturbance in this area, such as the Inland Arterial road crossing and the Pismo Creek trail, a cultural resource survey after the vegetation has been removed is warranted. Impact CR-3: Development in areas along the creek and adjacent creek setbacks (such as the Inland Arterial where it crosses the creek), where existing vegetation is dense have the potential for significant impacts on as yet undetected cultural resources. This is a potentially significant impact. Mitigation Measure CR-3 detailed in section 4) Mitigation Measures, following this section, would reduce this impact to less than significant. In addition, there is always some potential for significant cultural resources, including in this case regarding the route of the De Anza expedition, to be discovered anywhere within the SSSP that have not been identified by previous surveys. The City in compliance with State law and its own policies requires any construction that uncovers cultural remains to stop until a qualified archaeologist can determine the significance of the resources and prescribe subsequent actions. A note to this effect is required on grading plans the City permits. HISTORIC RESOURCES The Price House is a registered historical landmark or place, a Point of Historical Interest, Interpretative Site, and designated as a local significance structure as established in the General Plan. It is outside of the development footprint contemplated under the Spanish Springs Specific Plan. The site is a recorded historical site CA SLO-968H. Applying federal criteria for determining adverse effects on designated historical places would mean some determination is needed of the degree to which the surrounding undeveloped setting contributes to the site s value or historical significance. The CEQA Guidelines significance criteria for historic resources would apply to future improvements planned that may alter the surrounding setting. As described under the Regulatory Setting above, the General Plan envisions areas of open space preservation in the Planning Area and requires that the adobe site and surrounding lands (CA-SLO-968H) become a city park by a park dedication to the City by the developers of the Big Bird property and is intended to place the remaining portion of the recorded site CA- SLO-968H into the park and provide part of the space necessary to maintain the historic visual setting of the complex. In addition, the SSSP proposes a dedication of about 2 acres to the Price Historic Park to provide a visual buffer on the steep hillside between the two properties, in an effort to maintain the historic integrity of the historic resources on the Price Historic Park to the extent possible. Price Canyon Planning Area R General Plan Update, Annexation and Specific Plan EIR IV-E Cultural Resources. Page IV-E9

155 Map IV-E.1 Visually Sensitive Setting for Price Historic Park shows the Price Historic Park and identifies a zone identified as sensitive setting around the proposed boundaries of the park within the Planning Area on Big Bird and SSSP property. This zone encompasses the open alluvial plain west of the park, the area upslope on the steep ridge to the north of about 300 feet in distance, and the area along the top of the steep slopes to the east of the park. These topographic and vegetative edges define a sense of open space around the park that is part of the historic setting. No development is proposed in the Spanish Springs Specific Plan within the visually sensitive setting zone shown on MapIV-E.1 immediately around the proposed park dedication due to the steep topography between the two properties. Roads and residences in the SSSP development area on the broad ridge above the Price House are setback to ensure no significant change in the viewshed of the park. Therefore, the visual setting of the historic resource would remain intact and no impact is identified. Price Canyon Planning Area R General Plan Update, Annexation and Specific Plan EIR IV-E Cultural Resources. Page IV-E10

156 r Potential Visually / / Sensitive Setting / / -- / / --- / // // // // II I. /,/./,/ /./ // // Price Canyon Planning Area EIR Potential Visually Sensitive - ~ Setting for Price Historic Park o 50'1;~a~:O' 300'