3-04 biological resources biological resources.pdf · los angeles area to a primarily urban...

3.4 BIOLOGICAL RESOURCES

LAUSD New School Construction Program 3.4-1 3.4 Biological Resources Draft Program EIR March 2004

3.4.1 Introduction

This section evaluates impacts of the proposed Program on vegetation, wildlife, aquatic resources and their habitats. The study area for biological resources consists of the entire LAUSD area.

3.4.2 Environmental Setting

The diversity and distribution of biological resources within the Program area are affected by climate and extreme pressures from urbanization. The regional climate of the LAUSD is Mediterranean with most precipitation occurring in the winter months with a slightly increasing trend from south to north. Mountains and foothills reaching to approximately 1,500 feet above sea level surround the northern and eastern borders of the LAUSD. Surface water originating in these elevated areas formed drainages that pass through the basins formed at the foothills of the mountains and then to the Pacific Ocean.

The LAUSD is located in the south coast bioregion, within the southwestern California region of the California Floristic Province, which includes Ventura and Orange Counties, most of Los Angeles County and portions of San Bernardino, Riverside, and Imperial Counties. Natural vegetation of the southwestern California region includes woodlands, forests, wetlands, dunes, as well as most of the chaparral and coastal scrub vegetation in Southern California.

The southwestern region has been extensively developed and, as a result, undisturbed habitat is generally found only in areas where steep topography precludes development and is considered increasingly rare by State and local agencies. When the last remaining portions of the Los Angeles River were channelized and paved in the late 1950s, this marked the transition of the Los Angeles area to a primarily urban environment. Although most of the drainages, creeks, and rivers in the study area have been covered or channelized because of development, they also contain remaining habitat for biological resources.

The LAUSD is an urbanized area framed by open space. The Pacific Ocean, San Gabriel Mountains, Santa Susana Mountains, Baldwin Hills, Verdugo Mountains, and the Santa Monica Mountains and the beaches between Malibu and the Palos Verdes Peninsula are examples of natural open space resources that bound the LAUSD and help define its geography and influence its development patterns. Many of these outlying areas are contiguous with larger natural areas and may be significant wildlife habitats or movement corridors.

In its General Plan, the County of Los Angeles established 61 Significant Ecological Areas (SEAs) in 1976, which represent a wide variety of biological communities within the County. The original study was updated in 2000 with a list of 12 additional areas that were defined in part to address two important aspects of urban conservation planning, the size of the area and its connectivity with other habitat areas (Los Angeles County, 2000). Figure 3.4-1 illustrates


the boundaries of the existing and proposed SEAs. The SEAs are intended to preserve and protect regional biodiversity; however SEAs do not preclude limited compatible development.

The City of Los Angeles has identified wildlife habitat within hillsides, canyon areas, wetlands, beaches, parks, drainages, reservoirs, and even vacant lots that because of their size can provide habitat resources. Some of these areas coincide with the SEAs identified in Figures 3.4-1 and 3.4-2 or areas with conservation plans, land trusts, or restoration plans that are identified in Figure 3.4-3. In general, the size of the area and its proximity to larger less disturbed systems will determine the composition and diversity of the wildlife (City of Los Angeles, 1998). Even in the most urbanized settings, Sensitive Species of oak trees and other rare plants, raptors, insects, bats and songbirds can persist. For the most part these are species that survive as individuals (e.g., valley oak), are mobile and adaptable to the resources provided in the urban setting (e.g., raptors such as the peregrine falcon), require a limited habitat area (e.g., Quino checkerspot butterfly) or that are mobile (e.g., least Bell’s vireo). In addition, wildlife within this area must be adapted to altered landscapes and human disturbance.

The California Natural Diversity Database (CNDDB) lists over 185 Sensitive Species that may be found in areas within or bordering the LAUSD (CNDDB, 2003). Slightly over half of these are plant species. Not surprisingly, most of the faunal species are invertebrates and birds, followed by lesser numbers of reptiles (ten species), fish (four species), amphibians (two species), and mammals (14 species, most of which are small rodents or bats). The CNDDB also lists the following priority plant communities within or adjacent to the LAUSD:

• walnut forest

• California walnut woodland

• valley oak woodland

• southern willow scrub • southern sycamore alder riparian

woodland • southern mixed riparian forest

• southern cottonwood willow riparian forest

• southern coast live oak riparian forest • Riversidian alluvial fan sage scrub • valley needlegrass grassland

• southern dune scrub • southern coastal bluff scrub • coastal salt marsh.

Valley Area

The northern part of this area is characterized as California coastal range shrub and the southern part is characterized as California coastal chaparral, a desert ecosystem. This subarea is primarily urban but contains some natural habitats and significant ecological areas, which are listed in Table 3.4-1. Some of these areas are biologically significant because they are contiguous to the larger mountain resource areas. All of them are altered to some extent and some of them are constructed environments, although they may, nonetheless, contain and support biological resources. The subarea is bordered on the northwest by the Santa Susana Mountains; on the northeast by the Tujunga Canyon and other valleys and foothills to the San


Gabriel Mountains that are part of the Angeles National Forest; on the east by the San Gabriel and Verdugo mountains; and to the south and west by the Sepulveda Canyon, Topanga Canyon and other valleys and foothills of the Santa Monica Mountains. The eastern Santa Monica Mountains in the area surrounding the Encino Reservoir SEA, which is within the most southern portion of District C, support California walnut woodland and southern sycamore alder riparian woodland (CNDDB, 2003).

Table 3.4-1 Summary of Areas Supporting Biological Resources within or Adjacent to the LAUSD

Location Natural Habitats and Significant Ecological Areas Conservation Plans or Land Trusts

Valley

Chatsworth Reservoir SEA L.A. River corridor Van Norman Reservoir and vicinity Tujunga Valley/Hansen Dam Park SEA Jessup Park Tujunga Spreading Grounds SEA Verdugo Mountains SEA Pacoima Spreading Grounds Chalk Hills and related areas Sepulveda Flood Control Basin Los Angeles Pierce College

Conservation Land Trusts: Santa Monica Mountains Trails Council Mountains Restoration Trust Los Amigos de Caballero Mountain Small Wilderness Area Preservation Sierra Madre Mountains Conservancy Existing and Emerging Conservation Plans: Sun Valley Watershed Management Plan Oak Walnut Woodlands of Glendale Tujunga Wash Restoration Framework 14th AD Greenprinting

Central

Santa Monica Mountains and Encino Reservoir SEA Temescal-Rustic-Sullivan Canyons SEA Ballona Wetlands and Ballona Creek SEA El Segundo Dunes SEA Santa Monica Mountains/Topanga State Park Santa Monica Mountains and Griffith Park SEA L. A. River corridor Areas east of Occidental College Rose Hill/Arroyo Seco Parks and vicinity San Rafael Hills Stone Canyon Reservoir Will Rogers State Park Beach Coastline

Conservation Land Trusts: Ballona Wetlands Land Trust Catalina Island Conservancy Existing and Emerging Conservation Plans: Topanga Creek Watershed Ballona Creek and Trail Study Ballona Creek Ballona Creek Wetland Restoration Study NCCP/HCP/Restoration Area: Ballona Lagoon Marine Preserve Santa Monica Bay Restoration Project

South

Baldwin Hills Harbor Lake Regional Park SEA Palos Verdes Peninsula Coastline SEA

Conservation Land Trusts: Palos Verdes Peninsula Land Conservancy Existing and Emerging Conservation Plans: Baldwin Hills Conservancy Marsh Plan Compton Creek Dominguez Channel Watershed Management Plan Beach Bluffs Restoration Project Redondo NCCP/HCP/Preserves: Rancho Palos Verdes NCCP Santa Monica Bay Restoration Project

Source: California Digital Conservation Atlas accessed July (2003) and City of Los Angeles (1998). NCCP = Natural Communities Conservation Plan; HCP = Habitat Conservation Plan

Among the natural habitats and significant ecological areas listed in this subarea, the Tujunga Valley/Hansen Dam Park (SEA), Jessup Park, Los Angeles Pierce College and Sepulveda Flood Control Basin are closest to areas identified with a need for student seats (Figures 3.4-1 and 3.4-2). The floodplain behind Hansen Dam (Hansen Dam Park) supports one of the last examples of alluvial scrub vegetation in the freshwater marsh, willow forest, and scrub (City of Los Angeles, 1998) and historical occurrences of the Santa Ana sucker (Catostomus santaanae).


The Los Angeles River flows through the Sepulveda Flood Control Basin in the south central San Fernando Valley and is joined by several tributaries such as Tujunga and Pacoima Washes that sustain habitat areas. There are five areas where the Los Angeles River is not paved on the bottom (soft-bottomed areas) and that are consequently flourishing (FoLAR, 2003): (1) Tujunga Wash; (2) the Sepulveda Basin—the 2000 acres behind the long earthen dam where the 101 and 405 freeways intersect in the middle of the San Fernando Valley; (3) Griffith Park between Victory Boulevard and the intersection of the 110 and 5 freeways just north of downtown; (4) the southern stretch of Compton Creek that flows into the Los Angeles River just north of Long Beach; and (5) the Los Angeles River Estuary in Long Beach, between the ocean and Willow Street. Although the river is far from being a biological resource along most of its course, these areas are the focus of efforts of Friends of the Los Angeles River (FoLAR) to rehabilitate habitat and reestablish green space along the corridor wherever possible.

Table 3.4-1 also lists three categories of conservation areas, many of which overlap with the natural habitats and significant ecological areas mentioned above (California Digital Conservation Atlas, 2003). While a few of these are located within or adjacent to the LAUSD, none are close to areas that are currently in need of student seats.

Central Area

The Central area is entirely within the California chaparral ecoregion. The Central area is bordered on the north by the eastern extension of the Santa Monica Mountains, the Verdugo Mountains, San Rafael Hills and urban areas outside the LAUSD; on the east and south by urban areas outside the LAUSD; and on the west by the Pacific Ocean. The Encino Reservoir contains the best stand of inland chaparral, coastal scrub and streamside vegetation remaining on the slope of the Santa Monica Mountains (England and Nelson, 1976). The Ballona Creek SEA, which is located within District D and includes the Ballona Wetlands, is one of two remaining remnants of coastal saltmarsh habitat in Los Angeles County (England and Nelson, 1976) and is used as a breeding ground for several State-listed endangered species including Belding’s savanna sparrow (Passerculus sandwichensis beldingi), California least tern (Sterna antillarum browni), and saltmarsh harvest mouse (Sorex ornatus salicornicus).

Of those habitat areas listed in Table 3.4-1, Griffith Park, the area east of Occidental College and Rose Hill/Arroyo Seco Parks and vicinity are closest to areas within the LAUSD boundaries that demonstrate a need for student seats. Griffith Park has recorded occurrences of Nevin’s barberry (Berberis nevinii) and supports fragments of chaparral, oak woodland, and riparian vegetation communities. The other two areas support fragments of grassland and scrub habitat. Much of the Los Angeles River in this area is concrete-lined, except for the reach from Griffith Park to I-5.

South Area

The Southern area is also entirely within the California chaparral ecoregion. Of the natural habitats and significant ecological areas listed in Table 3.4-1, the Harbor Lake Regional Park


SEA, is located near areas within the LAUSD boundaries that currently demonstrate a need for student seats. In this area, the CNDDB (2003) indicates occurrences since 1985 of southern tarplant (Centromadia parryi ssp. australis) and California gnatcatcher (Polioptila californica). Harbor Lake Regional Park supports willow woodland and marsh habitats.

Most of the remaining coastal sage scrub habitat in Los Angeles County is concentrated at the southern end of this subarea on the Palos Verdes Peninsula SEA, part of which is covered by the Palos Verdes Natural Communities Conservation Plan (NCCP). The Peninsula is unique in that it contains several rare and declining species not found anywhere else in the NCCP region. The City of Rancho Palos Verdes has led the NCCP effort on the peninsula. However, only approximately ten percent of the City of Rancho Palos Verdes is within the LAUSD.

3.4.3 Applicable Regulations, Plans, and Standards

Federal

The following Acts do not have a direct application to the Program since impacts to species covered by these Acts cannot be specifically identified at the Program level. However, they can serve as a guide for siting projects in the Program area (i.e., avoid siting projects in or near areas occupied by federal threatened or endangered species and migratory birds). These Acts are more directly applicable to project specific actions.

Endangered Species Act (ESA) of 1973

Title 16, United States Code, §1531 et seq., and Title 50, Code of Federal Regulations, part 17.1 et seq., designate and provide for the protection of threatened or endangered plant and animal species, and their critical habitat. The administering agency is the U.S. Fish and Wildlife Service (USFWS). The ESA applies to federal listed threatened or endangered species and their habitat, as well as designated critical habitat; however, it is recommended that the USFWS also be informally consulted for candidate species (considered to be in need of ESA protection) and species of concern (species with declining populations, but there are insufficient data to place them in the other three categories).

Section 7. The law requires federal agencies to consult with the USFWS to ensure that the actions they authorize, fund, or carry out will not jeopardize listed species. Where the USFWS determines the proposed action will jeopardize the species, they must issue a “biological opinion” offering “reasonable and prudent alternatives” about how the proposed action could be modified to avoid jeopardy to listed species. Actions undertaken by the LAUSD for new school construction or additions that may affect federal threatened or endangered species would be subject to Section 7 if a federal permit or action were involved.

Section 9. This provision of the ESA makes it unlawful to “take” a listed species. Under the ESA, “taking” means “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or to attempt to engage in such conduct.” Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly


impairing essential behavioral patterns, including breeding, feeding, or sheltering. Federal threatened or endangered species or their habitat that are protected under Section 9 of the ESA exist within the LAUSD. If there is uncertainty whether a federally listed species or its habitat may exist within a specific project area, the USFWS should be consulted.

Section 10. This provision of the ESA is designed to relieve restrictions on private landowners who want to develop land inhabited by endangered species. Private landowners who develop and implement an approved “habitat conservation plan” providing for conservation of the species can receive an “incidental take permit” that allows their development project to go forward. This section applies to actions undertaken by the LAUSD that may affect federal threatened or endangered species when no federal permit or action is involved.

Migratory Bird Treaty Act

Title 16, United States Code, §§703 through 712, prohibit the take of migratory birds, including nests with viable eggs. Almost all birds are covered by this Act, except for a few introduced species. The administering agency is the USFWS. For example, several of the natural areas (e.g., Sepulveda Basin, Encino Reservoir, Hansen Dam) within the LAUSD support populations of the Canadian goose. In the event that planned projects may occur adjacent to these areas, the USFWS should be consulted.

State

Similar to the federal regulations noted above, the State regulations listed below regulate actions that may harm State listed rare, threatened and endangered species or their habitats, and rare plant communities.

California Endangered Species Act (CESA) of 1984

CESA requires that all State lead agencies (as defined by CEQA) conduct an endangered species consultation with the California Department of Fish and Game (CDFG) if their actions could affect a State listed species. Because CESA does not have a provision for “harm” like the ESA, CDFG considerations pursuant to CESA are limited to those actions that would result in the direct take of a listed species. If there would be threatened or endangered species impacts, the lead agency typically requires project applicants to demonstrate that they have acquired “incidental take” permits from CDFG prior to allowing or permitting impacts to such species. If proposed actions would result in impacts to a State listed species, an “incidental take” permit pursuant to §2081 of the Fish and Game Code would be necessary. Any project requiring an incidental take permit also requires an EIR. Although CESA does not strictly cover rare plants, the CDFG recommends that plants on the California Native Plant Society (CNPS) lists 1A, 1B and 2 be addressed in CEQA projects, as well as candidate plant and animal species and State species of special concern. California Code of Regulations Title 14, Division 1, Subdivision 3, Chapter 3, §670.2 and §670.5 also list plants and animals of California that are designated as rare, threatened, or endangered.


Fish and Game Code §2050 through §2098 protect California’s rare, threatened, and endangered species. Other applicable sections of the Fish and Game Code include:

• Fully Protected Species. Fish and Game Code §§3511, 4700, 5050, and 5515 prohibit the take of animals that are classified as fully protected in California.

• Nest or Eggs – Take, Possess, or Destroy. Fish and Game Code §3503 protects California’s birds by making it unlawful to take, possess, or needlessly destroy the nest or eggs of any bird. Trees removed during construction of new schools or additions may have bird nests.

• Birds of Prey – Take, Possess, or Destroy. Fish and Game Code §3503.5 specifically protects California’s birds of prey in the orders Falconiformes and Strigiformes by making it unlawful to take, possess, or destroy any such birds of prey or to take, possess, or destroy the nest or eggs of any such bird. Birds of prey may inhabit urban areas where they find suitable prey and nesting habitat.

• Migratory Birds – Take or Possession. Fish and Game Code §3513 protects California’s migratory non-game birds by making it unlawful to take or possess any migratory non-game bird as designated in the Migratory Bird Treaty Act or any part of such migratory non-game bird. Reservoirs and other areas of open water in the LAUSD provide nesting, resting and foraging habitat to migratory birds that may be affected by construction in adjacent areas or may use areas that pond water in construction zones.

Streambed Alteration Agreement

Fish and Game Code §1601 et seq. regulates activities by public entities that may divert, obstruct, or change the natural flow or the bed, channel, or bank of any river, stream, or lake in California designated by the CDFG in which there is at any time an existing fish or wildlife resource or from which these resources derive benefit. Most of the major rivers and drainages in the LAUSD that would be regulated by this section have been highly altered for flood control and therefore, concerns over effects to biological resources from further alteration would be minimal; it is unlikely that Program construction would further alter the Los Angeles River or its major tributaries. Rivers and other drainages that do support significant biological resources in the LAUSD are located within parks and protected areas, and reservoirs, where construction associated with the Program is highly unlikely. The most likely scenario in which a 1601 application would be required is where construction occurs in minor drainages with ephemeral or intermittent flow and present subtle bed and bank features.

Local

L.A. County General Plan – Significant Ecological Areas

Los Angeles County has designated SEAs within mostly unincorporated areas that may also overlap with incorporated areas. While the SEA designation does not limit development, it is part of the guiding framework for the definition of use permits.


City of Los Angeles Open Space and Conservation Element – Citywide Greenways Network

This is an integrated citywide/regional greenways system that takes advantage of the existing linear network of railroads, rivers, creeks, and roads to create opportunities for active and passive recreation. It establishes links among community and regional parks and other natural resources. Although this is primarily a recreational policy, it necessarily provides opportunities for the establishment of plant and animal habitat and migration corridors among the important habitat areas summarized in Table 3.4-1.

City of Rancho Palos Verdes NCCP

The City of Rancho Palos Verdes has signed a Planning Agreement that will address most of the coastal sage scrub habitat on the Palos Verdes Peninsula. A final plan is anticipated in 2003.

Other General Plan Elements

The City of Los Angeles and most communities in the LAUSD have general plan elements dedicated to the protection of federal and State listed threatened or endangered species and other Sensitive Species or vegetation types. The policies in these plans tend to reconfirm instead of add to or make more stringent the federal and State laws and regulations identified above.

Tree Protection Ordinances

The City of Los Angeles and most communities have ordinances that require permits for removal of tree species classified as historic or native, the most common of these being for native oaks. These ordinances define the size, species, and density of trees that shall replace any trees that are damaged or removed. Table 3.4-2 summarizes which cities have tree ordinances.

Table 3.4-2 Summary of Communities within the LAUSD that have Tree Protection Ordinances

LAUSD Local District1 Descriptions2 Bell No tree or habitat protection ordinance. Bell Gardens No tree or habitat protection ordinance.

Beverly Hills Yes. Trees located in public areas and trees on the protected species list regardless of location. Permits or approvals may be needed from more than one department. Recreation and Parks – Urban Forest Division: 310 550 4638

Carson No tree or habitat protection ordinance. Commerce No. The City of Commerce carefully regulates street trees, but does not specifically regulate trees

on privately held land. Cudahy No tree or habitat protection ordinance.

Downey Yes. There is an ordinance specifically protecting approximately 5 historical trees. General tree protection is only a matter of policy and there is an informal attempt to protect trees when granting development permits.

El Segundo Yes. Consult the Street Tree Master Plan, available at El Segundo City Hall and online at <http://www.elsegundo.org>. Contact Parks and Recreation at (310) 524-2716 for more information.


LAUSD Local District1 Descriptions2 Gardena Yes. There are ordinances that address tree removal, planting, trimming, etc. A permit is

required; however, there are exceptions. Call Tree Trimming: 310-217-9564 Hawthorne No tree or habitat protection ordinance. Huntington Park No tree or habitat protection ordinance. Inglewood No tree or habitat protection ordinance. Lomita No tree or habitat protection ordinance. Long Beach No tree or habitat protection ordinance. Los Angeles Yes. Oak trees and some protection of trees over 12 inches diameter. Permit required from

Board of Public Works. Los Angeles County Yes. Oak trees and some other trees; size dependent. Lynwood No. Need permit to cut trees within City right of way, but all other trees are unprotected. Maywood No tree or habitat protection ordinance. Montebello No tree or habitat protection ordinance. Monterey Park No tree or habitat protection ordinance. Rancho Palos Verdes Yes. The City of Rancho Palos Verdes has several relevant biological ordinances. Contact Joel

Rojas, Director of Planning at (310) 544-5228 San Fernando No. The City of San Fernando carefully regulates all trees on public lands, but does not

specifically regulate trees on privately held land.

Santa Monica No. Consult the Santa Monica Master Environmental Assessment (Updated April 1996). For more information about Santa Monica's community forest, contact Walt Warriner, Community Forester, at (310) 458-8974.

South Gate No tree or habitat protection ordinance. Torrance No tree or habitat protection ordinance; however, there is specific protection of Madrona Marsh Vernon No tree or habitat protection ordinance.

West Hollywood Yes. Administrative permits or zone clearances are generally required for removal of mature trees in areas that are visible to the public. Consult Title 19.26.020 of the Municipal Code for specific restrictions.

1. All cities initially contacted week of 18 to 22 August 2003. 2 Cities without specific tree or habitat protection ordinances may protect street trees or trees otherwise publicly owned,

and should be contacted prior to construction activities potentially interfering with such trees.

3.4.4 Environmental Impacts and Mitigation Measures

3.4.4.1 Thresholds of Significance

The Program would have a significant impact on biological resources if it would:

• Cause a substantial adverse effect, either directly or through habitat modifications, on any species identified as a threatened or endangered, candidate, sensitive, or special status species1 in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service

• Interfere substantially with the movement or dispersal of any native resident or migratory animal species or any native plant species or impede the use of wildlife nursery sites

• Result in the removal of healthy, mature oak trees

• Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan.

1 Special status species or Sensitive Species refers to Federal or State listed threatened or endangered species, candidate

species, federal species of concern, State species of special concern, fully protected species, plants considered by the CNPS to be rare, threatened or endangered in California.


• Cause a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service

• Cause a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc), either individually or in combination with known probable impacts of other activities through direct removal, filling, hydrological interruption, or other means.

3.4.4.2 Environmental Impact Analysis

Impact B-1: The Program could cause a substantial adverse effect, either directly or through habitat modifications, on any species identified as a threatened, endangered, candidate, sensitive, or enjoying special status in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service. Impact Determination – Less than Significant with Mitigation.

The Program’s impacts on biological resources, if any, will be entirely site-specific. Such impacts would occur through construction projects that are on, or close to, sites that contain any species identified as a threatened, endangered, candidate, sensitive, or enjoying special status in local or regional plans, policies, or regulations, or by the CDFG or the USFWS (collectively “Sensitive Species”). Since specific sites have not been identified at this first-tier stage of review, it cannot be known at this time whether the Program will have any impacts on any Sensitive Species.

As described in Section 3.4.2 above, fragments of natural areas with identified Sensitive Species do exist within the LAUSD. These areas are generally not close to the areas where LAUSD needs to add additional seats (Table 3.4-1 and Figures 3.4-1 and 3.4-2). However, areas of need do contain abandoned areas, parks, open space, and part of the Citywide Greenways Network, all of which can contain Sensitive Species and habitat in some cases. Thus, there is a possibility that individual projects could create site-specific impacts on Sensitive Species.

Of the various types of construction projects that could be built under the Program, new school construction has the greatest potential for impacting Sensitive Species. Other types of projects, such as small satellite academies, co-location, and retrofitting are unlikely to occupy undeveloped or abandoned areas supporting plant and wildlife habitat and are less likely to disturb adjacent habitat areas.

Areas where construction is most likely to occur generally do not support habitat for Sensitive Species. Rare communities such as oak woodland or southern California riparian woodland are limited mostly to the sensitive natural areas identified in Table 3.4-1 where construction of new schools or additions is highly unlikely. If, however, project construction occurs in areas that affect individual species, LAUSD would identify areas within or adjacent to the project area


that support plant and animal habitat; assess the quality of that habitat; and research occurrences of candidate, sensitive or special status species in the vicinity of the project area.

In the event that construction occurs in areas occupied by or adjacent to Sensitive Species or their habitat, the most common sources of impact would be:

• Noise disturbance

• Alteration of surface drainage patterns through grading and installation of hard surfaces that affects vegetation and wildlife by lowering water availability, increasing erosion and sedimentation

• Removal or disturbance of vegetation, foraging habitat, nests or burrows

• Changes in lighting patterns.

In addition, the construction of new schools, and some school additions, would involve the addition of landscaping to project sites. This landscaping could affect sensitive biological resources if the project were located near sensitive biological resources or if landscaped vegetation replaces existing natural vegetation.

No significant adverse impacts to any Sensitive Species resulting from the Program have been identified at this first-tier stage of review. Additional review of impacts on Sensitive Species will be conducted when the LAUSD proposes specific sites for new school construction projects.

During implementation of the proposed Program, the removal of trees for the construction of new schools or additions to existing schools may have an adverse impact on nesting activity of native resident or migratory birds (also see Impact B-3). Some areas of need are located near habitat for migratory birds, and birds may use less than optimal habitat for nesting as long as there is good habitat near by for foraging. As explained above, the California Fish and Game Code and Migratory Bird Treaty Act prohibit the destruction of native resident and migratory bird eggs and nests.

Mitigation Measures. Where an Initial Study prepared in connection with site-specific review identifies potentially significant adverse impacts on Sensitive Species, the LAUSD shall implement the following mitigation measures:

B-1.1 As part of the site-specific CEQA review process, the LAUSD shall identify Sensitive Species and their habitat within or near proposed project sites. The literature search shall consider a one-mile radius beyond the project construction site and shall be performed by a biologist with knowledge of local biological conditions as well as the use and interpretation of the data sources identified below. Where appropriate, in the opinion of the biologist, the literature search shall be supplemented with a site visit and/or aerial photo analysis. Resources and information that shall be investigated for each site should include, but not be limited to:


• Local offices of the USFWS, National Marine Fisheries Services (NMFS), CDFG, California Native Plant Society (CNPS), and City planning or environmental offices for Sensitive Species concerns that may not exist on published databases. These agencies can be consulted verbally or in writing.

• CNDDB

• CNPS Rare Plant Inventory

• Local Audubon Society

• Los Angeles County Department of Regional Planning for information on Significant Ecological Areas

• California Digital Conservation Atlas for district-wide location of reserves, plan areas, and land trusts that may overlap with project sites.

In his or her report, the biologist shall recommend any mitigation measures that may be necessary to mitigate any impacts on Sensitive Species to a level of insignificance. Where LAUSD determines that a school construction project may have a significant impact on an identified Sensitive Species, LAUSD shall consult with the USFWS and/or the CDFG and comply with any permit conditions or directives from those agencies regarding the protection of Sensitive Species.

B-1.2 If a project will alter surface drainage in a way that will affect Sensitive Species or their habitat, the project shall implement the conditions, if any, requiring replacement or restoration of existing surface drainage prescribed by the USFWS, CDFG or the U.S. Army Corps of Engineers (also see Mitigation Measure HWQ-2).

B-1.3 If a project is on or near a site containing Sensitive Species, the LAUSD shall protect them from harmful exposure to light by shielding light sources, redirecting light sources, or using low intensity lighting.

B-1.4 If construction occurs during the nesting season in areas where tree removal is necessary and native bird species have been identified (1 March through 31 August), the LAUSD shall either:

• Retain a qualified biologist to conduct an intensive nest search in all trees slated for removal before construction begins. If nests with young are found, the LAUSD shall not remove any trees with active nests until the young have fledged or the nest(s) have been abandoned for other reasons; or,

• Delay tree removal until 31 August to ensure reproductive success for native species, if any, using the site for nesting purposes.

Because the range of Sensitive Species or habitats that could potentially be impacted by specific projects is very wide, the site-specific application of mitigation measures and definition of performance standards cannot be fully addressed in this first-tier analysis.


Residual Impacts. No significant adverse impacts have been identified during this first-tier stage of review. The LAUSD will make site-specific determinations of significance during the second-tier stage of review.

Impact B-2: The Program could interfere substantially with the movement or dispersal of any native resident or migratory animal species or any native plant species or impede the use of wildlife nursery sites. Impact Determination – Less than Significant with Mitigation.

The Program is not likely to interfere with the movement or dispersal of plant or animal species as described in this significance criterion. The development of schools and the addition to new schools will occur primarily in urban areas where corridors for terrestrial, non-avian species do not exist at a scale that can be evaluated district or Program-wide. Existing wildlife corridors for terrestrial species that are not also contained within sensitive habitat areas, identified in Impact B-1 above, would be generally limited in extent and can only be addressed on a project-specific basis. The exception to this would potentially be along the City of Los Angeles’ proposed Greenway Network although it is unlikely that construction will occur within this network (since it generally coincides with existing networks of streets, railroads, utility easements, and sidewalks). Migratory birds may use the natural habitat areas described in Table 3.4-1, but site-specific impacts addressed in second-tier evaluations will be addressed under Mitigation Measures B-1.1 to B-1.4. From a Program-wide perspective, impacts to these corridors would be less than significant.

Mitigation Measures. No mitigation measures in addition to the above mentioned Measures B-1.1 to B-1.4 are needed.


Impact B-3: The Program could result in the removal of healthy mature oak trees. Impact Determination – Less than Significant with Mitigation.

The Program’s construction activities could result in the removal of mature oak trees. The term “mature” oak tree for the purposes of this analysis is defined to include Valley Oak (Quercus lobata), California Live Oak (Quercus agrifolia), and any other tree of the oak genus indigenous to California, which measures eight inches or more in diameter and four and one-half feet above ground level at the base of the tree. Mature oak trees are considered significant aesthetic and ecological resources. A tree is considered “healthy” unless it shows a substantial decline from a condition of normal health and vigor, and restoration of the tree, through appropriate and economically reasonable preservation procedures and practices, is not advisable.

Mitigation Measures

B-3.1 If the LAUSD removes one or more healthy mature oak trees as part of a school construction project, it shall do one of the following: (1) move the removed tree or


trees to another location on the property where the conditions are favorable to the survival of the tree or trees; (2) replace each healthy mature oak tree removed within the same property boundaries with at least two new oak trees; or (3) if the tree or trees to be removed cannot be moved to another location on the property where the conditions are favorable to survival, and replacement oak trees are not available, LAUSD may plant a different species as replacement trees.

Residual Impacts. If each healthy mature oak tree to be removed is moved to another part of the same property, or replaced with two trees, impacts will be mitigated to insignificance.

Impact B-4: The Program could conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan. Impact Determination – Less than Significant.

The LAUSD boundaries overlap with several SEAs, local conservation plans, and land trust areas that are located in relatively undeveloped areas of the district (Table 3.4-1; Figures 3.4-1, 3.4-2, and 3.4-3). HCPs, as developed under Section 10 of the ESA, are located within the LAUSD boundary, and only one NCCP, as developed under the Natural Communities Conservation Planning Act, is located in the City of Rancho Palos Verdes, which partially overlaps the LAUSD boundary.

By comparing the location of conservation lands (other than those covered by an HCP or NCCP) that may support important wildlife habitat or Sensitive Species with the LAUSD boundary, it can be concluded that none of these existing areas overlap with areas of seating need. Any conservation lands that might be adopted in the future within the LAUSD would tend to focus on remaining fragments of good quality habitat rather than the disturbed habitat most likely to exist in areas proposed for school construction.

As such, it is not likely that the LAUSD will construct projects under the Program that would impact these plan areas or other conservation lands. Therefore, this impact is less than significant.

Mitigation Measures. No mitigation is required.

Impact B-5: The Program could cause a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service. Impact Determination – Less than Significant with Mitigation.

Riparian habitat or other natural communities within the LAUSD are scarce, and much, although not all, of remaining areas are protected or at least segregated within parks, open space or conservation lands. No significant adverse impacts have been identified during this first-tier stage of review. Additional review of impacts to riparian habitat and natural communities will be conducted when the LAUSD proposes specific sites for new school construction projects. Further, the LAUSD would comply with the California Fish and Game


Code §1603 for any individual school project that affects riparian habitat through the alteration of streams.

Mitigation Measures. Potential impacts to riparian habitat and other sensitive natural communities would be reduced through Mitigation Measures B-1.1 to B-1.4. Second-tier evaluations will determine whether significant impacts from individual school projects may occur.


Impact B-6: The Program could cause a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc) either individually or in combination with known probable impacts of the activities through direct removal, filling, hydrological interruption, or other means. Impact Determination – Less than Significant with Mitigation.

Wetlands within the LAUSD are scarce, and many, although not all, of remaining wetlands are protected or at least segregated within parks, open space or conservation lands. No significant adverse impacts have been identified during this first-tier stage of review. Additional review of impacts to federal wetlands would be conducted when the LAUSD evaluates specific sites for new school construction projects. In addition, the LAUSD would comply with Section 404 of the Clean Water Act for any individual school project affecting wetlands or waters of the U.S. that are protected under this Act.

Mitigation Measures. Mitigation measures identified under Impacts B-1 and B-2 would reduce impacts to wetlands.


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LAUSD Boundary

GLocal DistrictsWithin LAUSDBoundary

Proposed SignificantEcological Areas

Existing SignificantEcological Areas

National ForestBoundary

LAUSD New School Construction ProgramDraft Program EIR

3.4-16 3.4 Biological ResourcesMarch 2004

AspenEnvironmental Group

Figure 3.4-1

Existing and ProposedSignificant Ecological Areas

and Phase II Seat Need

LAUSD New School Construction

Source: Adapted from Los Angeles County Department of Regional Planning, 2000.

Schools with ProjectedSeats Needed

Elementary School/Primary Center

Middle School

High School

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Proposed SignificantEcological Areas

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National ForestBoundary




Figure 3.4-2

Existing and ProposedSignificant Ecological Areas and

Future Phases (2-semester)Seat Need


Source: Adapted from Los Angeles County Department of Regional Planning, 2000.

Schools with ProjectedSeats Needed

Elementary School/Primary Center

Middle School

High School

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Existing & EmergingPlans

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Restoration Plans

Land Trust Offices




Figure 3.4-3

Location of ConservationPlans and Trusts


Source: Adapted from California DigitalConservation Atlas; accessed 8/2003.

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