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HomeMy WebLinkAbout1-30-2017 ARC Correspondence - Item 1 (Cooper 2) Meeting: f1r'V 1,;b •14 - From: Allan Cooper < 1 Sent: Saturday, January 28, 2017 1:19 PM Item: To: Cohen, Rachel; Advisory Bodies RECEIVED Subject: Bio -Resource Mitigations & 71 Palomar CITY OF SAN LUIS OBISPO Attachments: 101 _30_ 17...biologicalresources.pdf JAN 3 0 2017 Dear Ra c h e f — I COMMUNITY DEVELOPMENT Would you kindly forward my second letter regard Palomar to the ARC before their January 30, 2017 Thanks! - Allan ing 71 meeting? To: SLO Planning Commission Re: Review 71 Palomar Drive Development Plan From: Allan Cooper, San Luis Obispo Date: January 30, 2017 Honorable Chair and Commissioners - The ARC should postpone any review of this project until a new and accurate biological resource report is produced. Per Chair Ritter's recommendation, Rincon should not be involved. The current information that the City has is not accurate or complete enough for either the Tree Committee or the ARC to proceed with an informed decision on the value of this project's biological resources. Moreover, Rincon's bio -resource mitigations are patently superficial. To further explain this, I will compare Rincon's mitigations with those included in the San Luis Ranch Draft EIR. I would like to address the superficiality of Rincon's Peer Review of the Biological Resources Analysis of the IS -MND and IS- MND Addendum for the Proposed 71 Palomar Project in San Luis Obispo County, California Rincon's peer review of biological resources is, at best, highly speculative because their biologist conducted only one site visit on the subject property on September 20, 2016. Rincon states that species listed as threatened, endangered, or rare are not known to be present at the site. However, there is a chance that because of the presence of the mature eucalyptus grove the Swainson's hawk and the yellow warbler, both listed as a threatened species by the California Department of Fish and Game, may visit this site. Rincon mentions Cooper's hawk because they feed on mourning dove, rock pigeon, American robin and sparrows - birds that presumably visit this site as well. Also, Cooper's hawk typically nest in the foliage of eucalyptus trees. Nesting white tailed kite is mentioned because of close proximity to open grasslands. We are told there is potential roosting habitat for the pallid bat. Most of the focus in this report is on protecting the bat population and on the installation of bat boxes. Rincon gives no thought for how mature trees reduce pollution, sequester carbon, and provide habitat to not only birds but also to insects and small mammals and reptiles. Nor does Rincon recognize the fact that groves of trees only a few years old support fewer species than more established groves of trees. What Rincon doesn't state is that large raptors require tall living trees. These predators need the height protection and flat surfaces only tall trees can provide. The tallest trees on this site are indisputably the Eucalyptus trees and they provide a wealth of biodiversity which Rincon was not prepared to recognize. Although the eucalyptus trees have been topped, I dispute Rincon's claim that these trees are "unsightly" and that their limbs would necessarily have a poor connection to their trunks. Without going into detail on the biome that could be sustained by all of the trees on this site and for the sake of brevity, I would like to simply focus on two tree species, the Eucalyptus and the olive trees. Eucalyptus Globulos flowers are mainly pollinated by insects, but birds and small mammals may also act as pollinating agents. In fact, Eucalyptus is particularly valuable as bee pasture, because it blooms year-round. Migrating monarch butterflies depend on eucalyptus groves as a wintering spot. The hollows in older Eucalyptus trees also provide homes to animals and birds. Amphibians such as arboreal salamander, California slender salamander, Ensatina (Salamander), California newt, rough skinned newt, and Pacific tree frog live primarily under fallen logs and duff. Amphibians feed on such invertebrates as millipedes, centipedes, sow bugs, Collenbola (Springtail), spiders and earthworms. Several snakes such as the ring-necked snake, rubber boa and sharp tailed snake have adapted to Eucalyptus groves. The ring-necked snake feeds on the California slender salamander, the rubber boa feeds on meadow mice, and the sharp tailed snake feeds strictly on slugs. Other common reptiles include the northern and southern alligator lizards, which live under fallen logs, and the western fence lizard and western skink, which live in the less densely forested groves. Several mammals have adapted to Eucalyptus. Deer find concealment in dense groves where there are suckers, coyote brush, and poison oak; moles live in the surface layer of the soil, meadow mice, gophers, and fox squirrels are found in the eucalyp groves. Birders have identified over 45 species of birds in Sutro Forest. At Jepson Prairie Preserve, CA, Swainson's hawk and yellow warblers, both of which are "Blue Listed" species of concern, nest in the trees. At Pescadero Creek County Park, south of San Francisco along the coast of California, great blue herons and egrets use the trees to build their rookeries. The heavy -use birds feed on Eucalyptus seeds by pecking the mature pods on trees or fallen pods; so they must wait for the pods to disintegrate or be crushed by cars. Among the birds that feed on seeds in the trees are: the chestnut back chickadee and the Oregon junco. Examples of birds that feed on ground seeds are the song sparrow, the fox sparrow, the brown towhee, and the mourning dove. Birds that take advantage of the nectar from blossoms either by drinking the nectar or by feeding on the insects that are attracted to the nectar include Allen's hummingbird, Bullock's oriole, red winged blackbird, and black headed grosbeak. Birds that use the trees as nest sites include the brown creeper, which makes its nest under peeling shags of bark and feeds on trunk insects and spiders, the robin, the chickadee, the downy woodpecker, and the red shafted flicker. The downy woodpecker and the red shafted flicker peck into the trunk of dead or dying trees to form their nests. When these nests are abandoned, chickadees, Bewick wrens, house wrens and starlings move in. Downy woodpeckers use dead stubs to hammer out a rhythmic pattern to declare their territories. The red-tailed hawk prefers tall trees for a nesting site. It therefore favors eucalypts over trees such as oak or bay. Great horned owls use nests that have been abandoned by red -tail hawks or they nest on platforms formed between branches from fallen bark. The brown towhee and the golden crowned sparrow are birds that use piles of debris on the ground for shelter during rains. As for European Olive Trees, fruit and seed eating birds, including finches, will steal fruit from these trees and even olives that aren't yet ripe. The acorns of the Coast Live Oak feed everything from squirrels and deer to wild turkeys and black bears. More than 500 types of butterflies and moths are attracted to this host plant. The focus of the Rincon Biological report was not on preserving this habitat but rather on creating buffers around nesting sites, particularly during the nesting season (between February 1 and September 15) while tree removal and construction takes place. According to the San Luis Ranch Draft EIR under Biological Resources, eucalyptus trees provide suitable nest sites to Great Blue Heron's, Olive -sided Flycatchers and Merlin in addition to the Cooper's Hawk and the special status White-tailed Kite mentioned in the Rincon Peer Review Document. Unlike the Rincon Peer Review Document, the San Luis Ranch DEIR comes up with the following mitigations: 1. Preservation of biological and habitat resources through the identification of sensitive habitats and species early in the development process. 2. A qualified biologist shall prepare and implement a habitat enhancement plan prior to issuance of grading permits to enhance and restore overwintering and nesting habitat that is to be preserved. The habitat enhancement plan shall include native shrubs and trees such as Monterey Cypress (Hesperocyparis macrocarpa) that may support heron roosting and monarch butterfly overwintering. As eucalyptus trees senesce, they shall be replaced with native species. Native trees and shrubs shall also be used to supplement gaps in canopy or act as windbreaks. 3. Create new offsite nesting habitat for great blue herons to mitigate for removal of onsite nesting habitat. With a qualified biologist present, the current rookery may be moved to a suitable offsite location where the same great blue herons can resume nesting, following methods detailed in Crouch et at. (2002). It should be noted that creating offsite nesting habitat for great blue herons is experimental and that the relocation techniques described in Crouch et al. (2002) were used to relocate black -crowned night heron (Nycticorax nycticorax). In addition, an agreement with the City will be required prior to implementation of the offsite strategy on their property. 4. Following the completion of the nesting season in late summer, the mature trees containing nests shall be boxed and moved. 5. Prior to the start of the next nesting season (based on timing of adult arrival in previous years), nesting adults will be recruited to the new location via decoys and playback of vocalizations. 6. Prior to removal of any trees over 20 inches diameter -at -breast- height (DBH), a survey shall be conducted by a qualified biologist to determine if any of the trees proposed for removal or trimming harbor sensitive bat species or maternal bat colonies. If a non -maternal roost is found, the qualified biologist, in close coordination with CDFW shall install one-way valves or other appropriate passive relocation method. For each occupied roost removed, one bat box shall be installed in similar habitat and should have similar cavity or crevices properties to those which are removed, including access, ventilation, dimensions, height above ground, and thermal conditions. Maternal bat colonies may not be disturbed. Compare the above bio -resource mitigations to those included in the Rincon Peer Review Report: Mitigation Measure BIO -1: Prior to commencement of construction, to avoid conflicts with nesting birds, construction activities shall not be allowed during the nesting bird season (February 1 to September 15). For construction activities occurring during the nesting season, surveys for nesting birds covered by the California Fish and Game Code and the Migratory Bird Treaty Act shall be conducted by a qualified biologist no more than 14 days prior to vegetation removal. The surveys shall include the disturbance area plus a 500 -foot buffer around the site. If active nests are located, all construction work shall be conducted outside a buffer zone from the nest to be determined by the qualified biologist. The buffer shall be a minimum of 50 feet for non -raptor bird species and at least 300 feet for raptor species. Larger buffers may be required depending upon the status of the nest and the construction activities occurring in the vicinity of the nest. The buffer area(s) shall be closed to all construction personnel and equipment until the adults and young are no longer reliant on the nest site. A qualified biologist shall confirm that breeding/nesting is completed and young have fledged the nest prior to removal of the buffer. Monitoring Plan, BIO -1: Grading and building plans shall show and outline all details and requirements of the Migratory bird monitoring plan per the mitigation measure above. The plans shall call out the name and contact information of the qualified biologist that will survey the project site. Grading and building plans will be reviewed by City's Natural Resources Manager for compliance with the mitigation measure to ensure sufficient details are clearly visible for contractors and City inspectors. City staff will periodically inspect the site for continued compliance with the above mitigation measures. Finally, for comparison purposes, I am including below a list of biological species mentioned by Rincon and a list mentioned in the following several articles(htt�)s:/lstitroforest.comleucalyptus-mythsfJ which expand on the benefits of preserving mature eucalyptus groves (or tall trees in general). Rincon The Nature Conservancy & Professor Dov F. Sax (Brown University) Birds: Birds: Cooper's hawk Swainson's hawk Mourning dove Yellow warblers Rock pigeon Great blue heron American robin Egret Sparrow Chestnut back chickadee White tailed kite Oregon junk Pallid bat Song sparrow Fox sparrow Brown towhee Mourning dove Allen's hummingbird Bullock's oriole Red winged blackbird Black headed grosbeak Brown creeper Robin Downy woodpecker Red shafted flicker Bewick wrens House wrens Starlings Red tailed hawk Great horned owl Golden crowned sparrow Small Mammals: Deer Mole Fox squirrel Meadow mouse Gopher Reptiles: Arboreal salamander California slender salamander Ensatina California newt Rough skinned newt Pacific tree frog Ring necked snake Rubber boa Sharped tailed snake Alligator lizard (northern and southern) Western fence lizard Western skink Insects: Monarch butterfly Honey bee Millipede Centipede Sow bug Collenbola Spider Earthworm Sources: Authors: Caitlin Bean, Mary J. Russo (revision), Global Invasive Species Team, The Nature Conservancy htt-1/%viki.bu w xd.or ueal tus lobulusilF'+C LLINATION http:/Iwiki.bugwood.orglEucalyptus globulus#WILDLIFE Author: Gustavo Igiesias Trabado GIT Forestry Consulting http://git-forestry-blog.blogspot.com/2008/06/eucalyptus-poi soning-soil-i .html Author: Dov. F. Sax Equal Diversity In Disparate Species Assemblages: A Comparison Of Native And Exotic Woodlands In California http:llelkh=sJoughctp.org/uploads/files/ 11098130685ax2002.pdf