HomeMy WebLinkAbout7/28/2021 Item 4a, Schroeter
Wilbanks, Megan
From:Schroeter Family <
To:E-mail Council Website; Van Leeuwen, Kyle
Cc:Schroeter Family
Subject:Planning Commission Hearing - Comments on Item 4a
Attachments:2021040701_Schroeter Comment to 500 Westmont Meinhold Property Housing_
072821.pdf
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Attached are comments for Agenda Item 4A:
468/500 WESTMONT AVE (SBDV-0169-2020, EID-0170-2020) REVIEW OF TTM NO. 3157, 23 LOT
SUBDIVISION AND ENVIRONMENTAL REVIEW
Thank you,
Robert Schroeter, PhD
1
July 28, 2021
Mr. Kyle Van Leeuwen
Associate Planner
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
kvanleeuwen@slocity.org
COMMENTS ON BIOLOGICAL RESOURCES - REVIEW OF A TENTATIVE TRACT
MAP (TRACT 3157) TO CREATE 23 RESIDENTIAL LOTS ON AN EXISTING 4.98-
ACRE SITE WITHIN THE LOW-DENSITY RESIDENTIAL (R-1) ZONE AND MITIGATED
NEGATIVE DECLARATION FOR 468-500 WESTMONT AVENUE TENTATIVE TRACT
MAP – DATED APRIL 2021 (STATE CLEARINGHOUSE NUMBER: 2021040701)
Dear Planning Commissioners:
As members of the community, we sincerely appreciate the Planning Commission’s
diligence to understand and address the comments and concerns of the residents
affected by the Westmont Project. At the May 26, 2021 Planning Commission Meeting,
Commissioner Wulkan characterized the Westmont Project as “a missed opportunity to
consider a more flexible design to better protect the riparian corridor, reduce grading,
and preserve more trees.” Commissioner Dandekar further commented that it’s a
beautiful site and we pride ourselves of the scenic qualities of our city and wonder s why
we could not have incorporated ways in the riparian corri dor to provide enhanced access
for the public to enjoy the area without damaging the ecology. We wholeheartedly agree
with these sentiments. As described by City staff and the Planning Commissioners, the
Project area provides a unique natural resource for the community. The City’s General
Land Use Plan contains many policies related to biological resources that prioritize
actions to respect the natural environment and incorporate and protect natural features
and special habitats. With proactive, thoughtful community engagement to incorporate
the values of the neighbors and affected residents, it would be possible to implement a
multi-benefit project that represents a win-win solution for the Project proponent, as well
as many stakeholders. Without such engagement, this is indeed a missed opportunity.
While we are not opposed to the development proposed by the Project, we find that the
Project significantly undervalues the substantial natural features of the area and does
not go far enough to protect the riparian area and associated sensitive species. For
example, the Project could have avoided development adjacent to the riparian area
altogether or reduced development near the riparian area to allow for a more intact and
useable riparian corridor for wildlife. Even after public comment, the Project proponents
made no attempt to adjust the Project to reduce impacts to species associated with the
riparian area. In particular, I believe that the Initial Study fails to adequately protect the
California red-legged frog.
The California red-legged frog is federally listed under the Endangered Species Act as a
threatened species throughout its range in California and currently, the coastal drainages
Mr. Kyle Van Leeuwen
July 28, 2021
Page 2
of San Luis Obispo County support the greatest amount of remaining habitat – including
known populations in nearby Brizzolara Creek. In fact, the Initial Study (p. 24) states that
“the project site is considered designated critical habitat for the Calif ornia red-legged frog
by the U.S. Fish and Wildlife Service (USFWS).” As noted by commenters and described
in more detail below, many pools exist that may be potential habitat for the California
red-legged frog. Furthermore, the USFWS documents that the “California red-legged
frog may use wetted habitat under logs, in small mammal burrows, or in soil cracks,
provided ample moisture is available in the shelter area” (USFWS 2002). New edits to
the Initial Study describe a recent site visit by the Project Biologist (Kevin Merk
Associates, KMA) on June 10, 2021, concluding that “pools are too shallow and do not
provide enough overhanging riparian vegetation in contact with the water or banks to
provide necessary shelter from the elements and predation for red -legged frog tadpoles
to develop into young adults.” I disagree with this conclusion, based upon my recent
discussions with USFWS regarding the observations described below.
In communication with staff from the USFWS Ventura Field Office, they confirmed that
this project is in their jurisdiction, but there has been no agency consultation to date to
discuss potential impacts. Per USFWS recommendation, this issue can be resolved by
conducting an accurate site assessment and field survey for the California red-legged
frog using standard methods by a qualified specialist with demonstrated experience
surveying for California red-legged frog. If the results of the site assessment and field
survey conclude that the Project does not pose any risk to the California red -legged frog,
then the Project may proceed as planned, without substantial cost or delay.
If the Planning Commission chooses to move forward with the Initial Study, we
respectfully request the inclusion of the following mitigation measure to ensure
adequate protection of the California red-legged frog:
Mitigation Measure BIO-XX: Prepare Project-Specific California Red-Legged Frog
Habitat Assessment. Prior to any work in the riparian area, vegetation remov al or tract
improvements, an accurate assessment shall be prepared in coordination with, and
submitted for review to, the USFWS Ventura Field Office. The California red-legged frog
habitat assessment shall be prepared and processed in accordance with the USFWS
Revised Guidance on Site Assessments and Field Surveys for the California Red-
Legged Frog (USFWS 2005), or the most recent applicable guidance. The assessment
shall identify California red-legged frog aquatic and upland habitat on the project site and
in the larger connected stream channel.
BACKGROUND
In a May 25, 2021 letter to the Planning Commission, I formally requested that a detailed
amphibian survey be conducted for the Project and the relevant streams that shared a
border with the Project “so the true level of impact can be determined prior to an MND
determination”. The Project Biologist (KMA) responded that the pools with perennial flow
were not of sufficient depth and condition to provide habitat for the California red-legged
frog. KMA further concluded that, “there is “no downstream habitat for this species as
Twin Ridges Creek goes into an open concrete channel downstream from Highland
Drive.” These conclusions are not supported by any formal survey to assess California
red-legged frog habit using standard methodology and is absent any cons ultation or
review by the USFWS.
Mr. Kyle Van Leeuwen
July 28, 2021
Page 3
Such assessments are required by USFWS when California red-legged frog breeding
locations are present within 1.6 km. KMA does indicate that suitable ponds are present
to the northeast of the project on the west side of Highway 101. The close proximity to
the known population of California red-legged frog in Brizzolara Creek (within 1.6 km of
the Project) warrants a more detailed survey using standard USFWS methodology to
confirm the Project presents no risk to the California red-legged frog.
Within the last week, I had the opportunity to traverse the entire length of stream from
downstream of the concrete channel on Highland Drive to the Patricia Road, Bishop’s
Peak Trailhead to survey for possible instream pools that may be providing critical
habitat to the California red-legged frog and other amphibians in this extreme drought
year. In contrast to the conclusions presented by KMA, t he results of my observations
indicate that there is sufficient potential for California red -legged frog to warrant a formal
assessment and survey.
In consultation with USFWS, the presence of suitable amphibian habitat along with the
presence of associated aquatic species is sufficient justification to warrant an accurate
site assessment for California red-legged frog. The USFWS scientist confirmed that the
presence of bull frog adults and larvae in Twin Ridges Creek indicates that habitat
conditions are suitable for the California red-legged frog within Twin Ridges Creek, since
the California red-legged frog has an even shorter developmental time-period and can
more easily adapt to seasonal drought. This provides further justification to conduct an
accurate site assessment in consultation with USFWS.
STANDING WATER OBSERVATIONS FOR TWIN RIDGES CREEK
The following is a summary of the pools with standing water found along Twin Ridges Creek
from July 21 and July 26, 2021 with additional information provided from earlier time periods ,
when available. The observed stretch of stream was approximately 0.3 km downstream of
Highland Drive Bridge up to Patricia Drive. In summary , there were 8 pools with sufficient water
to be of value to amphibians in late July, 2021. In addition, there were dozens of pools and
complex habitat including undercut banks, large woody debris and stream bank burrows that
could further provide adult and juvenile red legged frog habitat when away from the standing
water sources These findings indicate that there is more potential habitat available to California
red-legged frog than indicated in the Project Biologist’s report and the follow up memorandum
provided by KMA, even in this extreme drought year and after many consecutive years of
drought. I have included the site locations (Figure 1) and photos and a short summary for each
pool with standing water in the late July sampling period.
Mr. Kyle Van Leeuwen
July 28, 2021
Page 4
Figure 1- Pools of sufficient flow to provide habitat for amphibians into Late July. Project area is delineated by the orange
rectangle.
West Fork Twin Ridges Creek Pool 1:
Pool 1 is located immediately upstream of the concrete lined channel that begins at the Highland
Drive overcrossing. I did not have access to the pool and creek channel on Ju ly 12, 2021, but I
did view the pool from the bridge at Highland Drive and the wetted edge of the creek spanned
nearly the entire stream width. On 7/21/21, I was able to gain access to the creek through a
residence on Stanford Drive and observed that Pool 1 had considerably declined in size and was
now approximately 1 foot by 2 feet (Figure 2). The entire creek bottom in this area was covered
in saturated organic matter indicating that the water level in this pool had recently dropped.
Based upon the channel dimensions observed on 7/21/21, I estimate that the size of Pool 1 on
July 12, 2021 was approximately 12 feet long and 6 feet wide. Much of the bank lining both sides
of Pool 1 was undercut and very damp, providing potential habitat for California red-legged frog.
Figure 2- Pool 1. Photo taken on 7/21/21. The line of concrete indicates the beginning of the concrete lined stream channel that
continues South under Highland Drive.
Mr. Kyle Van Leeuwen
July 28, 2021
Page 5
West Fork Twin Ridges Creek Pool 2:
Pool 2 is located approximately 0.07 km upstream of Highland Drive and 0.22 km downstream of
the confluence of East Fork Twin Ridges Creek (the primary Project stream). Th e pool is 6 feet
wide by 13 feet long and it is partially shaded by willow and ivy growing up into the canopy
(Figure 3). There are undercut banks along a majority of the pool edge and ivy and willow roots
also provide instream cover. On the east side of the pool, there was an undercut stacked
concrete structure wall that also had the opening of a large drainage pipe. This pipe appears to
receive stormwater from the east side of Stanford Drive. It is important to note that this pool is
<20 meters upstream of Pool 1, which had a large amount of water in it up until at least July 12,
2021.
Figure 3- Pool 2 Photo A and B showing max width and length dimensions. Photo taken on 7/21/21
Mr. Kyle Van Leeuwen
July 28, 2021
Page 6
West Fork Twin Ridges Creek Pool 3:
Pool 3 is located approximately 0.13 km upstream of Highland Drive and 0.18 km downstream of
the confluence of East Fork Twin Ridges Creek (the primary Project stream). The approximate
length and width were 5 feet by 3 feet. There was limited cover in this pool, as there was almost
no undercutting of the banks and only limited vegetative cover (ivy) along the margins (Figure 4).
Figure 4- Pool 3. Photo taken July 21, 2021.
Mr. Kyle Van Leeuwen
July 28, 2021
Page 7
West Fork Twin Ridges Creek Pool 4, 5, 6:
Pools 4-6 (Figure 5) are located just upstream of the confluence of East Fork Twin Ridges Creek
and downstream of the Culvert and were reported on in my earlier comment letter (5/25 /21) and
by KMA. The pools have filled in considerably with sediment since the winter of 2017/2018.
Adult bullfrogs were observed in these pools in 2017 and tadpoles and adult tree frogs are
observed annually.
Figure 5-Pools 4, 5 and 6 from right to left. Photos taken in late May 2021
West Fork Twin Ridges Creek Pool 7:
Pool 7 is situated approximately 10 meters upstream (North) of the culvert that passes under
Westmont Drive and it is located approximately 0.21 km upstream of the East Fork Twin Ridges
Creek confluence (Figures 6). The pool measures 13.7 feet by 5.6 feet. The banks of the pool
are undercut with additional cover provided by roots. There are a large number of aquatic insects
in this pool indicating its long-term persistence.
Figure 6- Pool 7. Photo taken July 22, 2021.
Mr. Kyle Van Leeuwen
July 28, 2021
Page 8
Pools upstream of Pool 7 and before Clover Drive:
Upstream from pool 7 and before Clover Drive, there are numerous large creek pools that
retained water through June this year. The pool pictured on the left side of Figure 7 had many
aquatic snails crowded into the wetted space on a large clump of o rganic matter (Figure 7 –
Middle). The pools in this area are mostly bedrock bound (Figure 7 – Right), but there were also
pools bounded by loose fill (Figure 7 – Left). In late May, there was significant use of these
pools by amphibians, as there were large number of tadpoles present. I have several videos that
show the pools and tadpole use of this area. The tadpoles were not identified. Several
neighbors in the area reported that frog tadpoles have been observed in these pools for over 40
years.
Figure 7- Pools located upstream of Pool 7 and below Clover Drive. Photos were taken July 22,2021.
Mr. Kyle Van Leeuwen
July 28, 2021
Page 9
Pools to the north and upstream of Clover Road:
There are multiple pools upstream of Clover Road. The largest pool measuring 11 feet in length
and 6 feet in width was dry by July 26, 2021. However, the pool was full of water as late as July
5, 2021. No photo of the pool was taken at that time, but the photo below shows this same pool
on May 26, 2021 (Figure 8). At the time the photo was taken, there was surface water
connecting multiple pools in this area. By July 5 , 2021, the surface flow between pools had
stopped and there was only standing water in the larger pools. Large bullfrog tadpoles were
observed in this pool in 2017.
Figure 8 – Large pool to the north and upstream of Clover Drive. Photo taken 5/26/21.
Mr. Kyle Van Leeuwen
July 28, 2021
Page 10
West Fork Twin Ridges Creek Pool 8:
Pool 8 is situated approximately 0.13 km upstream of the Clover Road bridge crossing and 0.5
km upstream of the confluence with East Fork Twin Ridges Creek and less than 20meters
upstream of Pool 7. Pool 8 is an odd shape (Figure 9). It is over 16 feet long and 28 inches
wide, including an almost 12” undercut bank at the upstream end (7/26/21). Pool 8 is located in a
large willow grove and the roots of the willow provide additional cover for amphibians.
Figure 9- Pool 8. Photo taken July 26,2021.
Mr. Kyle Van Leeuwen
July 28, 2021
Page 11
Streamflow Downstream of Highland Drive:
It is important to point out that there is flow in Twin Ridges Creek downstream of Highland Drive
in the concrete channel. In fact, the stream appears to pick up flow after the first major bend to
the east and again as it bends back to the south. The lower portion of this stream was not
observed beyond the second major bend, but given the increasing flow, it is not unrealistic that
additional habitat is available downstream of this point, particularly in the area where the stream
enters a natural (non-concrete) stream channel on the other side of Foothill Road. This area
should be further investigated for potential California red-legged frog habitat. In this wetted
section of this channelized creek, there was considerable algae growth and very large numbers
of invertebrate species, thus food and moist conditions are available if frogs were to migrate
through this area in an upstream or downstream direction (Figure 12).
Figure 3 - Water flow in concrete channel downstream of Highland Drive (Left) and invertebrates riding on water surface (Right).
CONCLUSION
The presence of 8 pools with standing water in a 1 km stretch of Twin Ridges Creek
indicates there is available amphibian habitat, including for the California red-legged
frog. The lack of a formal survey of the available habitat in Twin Ridges Creek for
California red-legged, prevents an accurate assessment of the potential impact to this
species, as a result of the Project. As discussed above and also recommended by the
USFWS, this issue can be resolved by conducting an accurate site assessment and field
survey for the California red-legged frog using standard methods by a qualified specialist
with demonstrated experience surveying for California red-legged frog. If the results of
the site assessment and field survey conclude that the Projec t does not pose any risk to
the California red-legged frog, then the Project may proceed as planned without
substantial cost or delay.
As discussed above, if the Planning Commission chooses to move forward with
the Initial Study and associated resolution, we respectfully request the inclusion
of the following mitigation measure to protect the California red -legged frog:
Mr. Kyle Van Leeuwen
July 28, 2021
Page 12
Mitigation Measure BIO-XX: Prepare Project-Specific California Red-Legged Frog
Habitat Assessment. Prior to any work in the riparian area, vegetation removal or
tract improvements, an assessment shall be prepared in coordination with, and
submitted for review to, USFWS. The California red -legged frog habitat
assessment shall be prepared and processed in accordance with the USFWS
Revised Guidance on Site Assessments and Field Surveys for the California Red -
Legged Frog (USFWS 2005), or the most recent applicable guidance. The
assessment shall identify California red-legged frog aquatic and upland habitat.
Thank you for the opportunity to comment on the Initial Study. If you have any questions
regarding this letter, please contact me via email at schroeters617@gmail.com.
Sincerely,
Robert Schroeter, PhD
617 Jeffrey Drive, San Luis Obispo, CA 93405
cc: (via email)
Governor’s Office of Planning and Research State Clearinghouse
State.Clearinghouse@opr.ca.gov