Biological Resources Survey

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2 Loyola Marymount University Proposed Master Plan Project Site Westchester, City of Los Angeles, Los Angeles County, California Prepared by: Impact Sciences, Inc. 234 E. Colorado Boulevard, Suite 205 Pasadena, California December 2009

3 METHODOLOGY An Impact Sciences biologist visited the Loyola Marymount University (LMU) campus on October 30, Prior to conducting the site visit, the California Department of Fish and Game (CDFG) California Natural Diversity Database (California Natural Diversity Database) was run to determine which sensitive biological resources had been reported to the CDFG on the Proposed Project site or in the vicinity. 1 The California Natural Diversity Database was consulted for the Venice US Geological Service quadrangle, in which the Proposed Project site is located, as well as the surrounding six quadrangles (Topanga, Beverly Hills, Hollywood, Inglewood, Torrance, and Redondo Beach). During the site visit, the majority of the approximately 142-acre campus was traversed by car. Those portions of the site that warranted more detailed investigation (such as densely vegetated areas) were visited by foot. Such areas included the drainage sump located near Drollinger Parking Plaza in the southern portion of Leavey Campus, the vegetated areas surrounding the chapel at the northern end of Burns Campus, and the bluff that makes up northwestern border of the LMU campus. A description of vegetation and wildlife observed within these areas is provided below. FINDINGS The majority of the LMU campus was observed to be vegetated with landscape vegetation, such as landscape trees, including coral tree (Erythrina sp.), eucalyptus (Eucalyptus sp.), jacaranda (Jacaranda sp.), juniper (Juniperus sp.), southern magnolia (Magnolia grandiflora), olive (Olea sp.), pine (Pinus sp.), and California fan palm (Washingtonia filifera). Landscape shrubs and perennials were observed throughout the site, such as yarrow (Achillea sp.), orange lantana (Lantana camara), sea lavender (Limonium sp.), honeysuckle (Lonicera sp.), and rose (Rosa sp.). Native vegetation observed within landscaped areas on the campus includes coast live oak tree (Quercus agrifolia) and western sycamore (Platanus racemosa). The native California bush sunflower (Encelia californica) and a cultivar prostrate ceanothus (Ceanothus sp.) were also observed in landscaping throughout the site. Wildlife observed within landscape vegetation throughout the campus includes several bird species, Anna s hummingbird (Calypte anna), American crow (Corvus brachyrhynchos), yellow-rumped warbler (Dendroica coronata), black phoebe (Sayornis nigricans), and European starling (Stumus vulgaris), as well as one mammal species, eastern fox squirrel (Sciurus niger). There are no surface streams or water bodies on LMU s campus, with the exception of a small (approximately 8-foot diameter) sump just south of Drollinger Parking Plaza on the portion of campus 1 California Department of Fish and Game RareFind: California Department of Fish and Game Natural Diversity Database. Version Update June 1,

4 historically referred to as the Leavey Campus, which operates as an element of LMU s storm-drain capture system on campus. Located at the bottom of a small slope that separates the areas of campus historically referred to as the Leavey and Burns Campuses, the sump receives surface runoff, primarily from upslope landscape irrigation. During heavy rain events, some water is captured in the sump, and any excess overflows into the City storm-drain system. As an element of the campus storm-drain system, the sump holds water intermittently, depending on flow into the larger campus storm-drain system. A mix of landscape and native vegetation was observed in and near the sump, located in the southern corner of Leavey Campus. The sump was observed to be vegetated with tall flatsedge (Cyperus eragrostis) and smartweed (Polygonum punctatum). Several small coast live oak trees were observed on the banks above the sump, as were California sycamore and coyote bush (Baccharis pilularis). Non-native landscape plants, including acacia (Acacia redolens), rockrose ( Cistus sp.), and pride of Madera (Echium candicans), as well as non-native annuals, such as bristly ox-tongue (Picris echioides), were also observed in the banks above the sump. Wildlife observed in the vicinity of the sump included three insect species: blue-eyed darner (Aeshna multicolor), monarch butterfly (Danaus plexippus), and cabbage white (Pieris rapae). One reptile species, western fence lizard (Sceloporus occidentalis), was observed. Wildlife observed within the sump or surrounding area also included the bird species mallard duck (Anas platyrhynchos), bushtit (Psaltriparus minimus), and Bewick s wren (Thryomanes bewickii). Domestic cat (Felis silvestris catus) was observed, and the prints of raccoon (Procyon lotor) were seen in the banks above the sump. Water was present in the sump at the time of the site visit. The trees planted around Sacred Heart Chapel at the northern end of Burns Campus were observed during the October 30, 2008 site visit to be ornamental species, deliberately planted. Vegetation and wildlife within this area was similar to that observed in other landscaped portions of the campus. One monarch butterfly individual was observed flying in the trees north of the campus s Sacred Heart Chapel. A mix of native vegetation and non-native vegetation was observed in the densely vegetated areas to the northeast of the chapel, including eucalyptus, toyon (Heteromeles arbutifolia), pine, coast live oak, and palm. The bluff face that forms the LMU campus s northern and western edges was observed to be vegetated primarily with non-native plants. This area is dominated by ice plant (Carpobrotus sp.) and also contains the non-native plant species black mustard (Brassica nigra) and fennel (Foeniculum vulgare), as well as pine and palm trees. Remnant coastal sage scrub shrubs were observed throughout the slope of the bluff, including California buckwheat (Eriogonum fasciculatum), toyon, and white sage (Salvia apiana). 2

5 Special-Status Species Because of the highly disturbed nature of the landscaped portions of the LMU campus, it is unlikely that the majority of the special-status plant or wildlife species reported in the CDFG s California Natural Diversity Database and/or known to occur in the Proposed Project vicinity would occur in these areas. Similarly, because of the man-made and disturbed nature of the sump located at the southern corner of Leavey Campus, this water body would not be expected to support special-status aquatic species. One special-status wildlife species, monarch butterfly, a California Natural Diversity Database Special Animal, was observed on the campus. One individual of this species was observed flying among the trees planted to the west of the sump on Leavey Campus, and one individual was observed flying among the trees planted to the north of the chapel on Burns Campus. On-site tree groves of eucalyptus, pine, and sycamore provide potentially suitable over-wintering habitat for this species. However, no clusters of monarch butterfly individuals were observed during the site visit. This species gathers in over-wintering clusters in southern California tree groves between October and February each winter. Therefore, if trees on the Proposed Project site served as over-wintering habitat for clusters of monarch butterfly individuals, it is expected that they would have been visible during the site visit. The bluff that makes up the northwestern border of the campus was observed to be heavily disturbed and planted primarily with non-native vegetation. Although remnant coastal sage scrub species, including California buckwheat, toyon, and white sage were observed on the slope of this area, the area appears to have been disturbed in the past and is vegetated primarily with non-native plant species. As such, it is considered unlikely that this area would support special-status plant or wildlife species. NESTING BIRDS Native birds, including active nests, are protected under the Fish and Game Code of California 2 and the Federal Migratory Bird Treaty Act. 3 The removal or destruction of individual birds or active nests (including eggs and young) would be considered a violation of these regulations. Potential nesting habitat for a variety of protected bird species occurs within trees, shrubs, and ground cover within the campus. The typical breeding bird season generally runs from March 1-August 31. However, breeding can begin as early as February 1 for some raptors and hummingbirds and as early as December for mourning doves. The breeding bird season can be prolonged for some bird species, such as doves, lasting as late as until November. 2 California Fish and Game Code, Section 3503, , and US Code, Title 16, Chapter 7, Migratory Bird Treaty Act, Protection of Migratory, Game, and Insectivorous Birds (1918). 3

6 PROTECTED TREES The City of Los Angeles tree ordinance (Ordinance Number ) protects any of the following southern California native tree species measuring 4 inches or more in cumulative diameter, 4.5 feet above the ground level at the base of the tree: Oak tree, including valley oak (Quercus lobata) and coast live oak (Quercus agrifolia), or any other tree of the oak genus indigenous to California, but excluding the scrub oak (Quercus dumosa); Southern California black walnut (Juglans californica var. californica); Western sycamore (Platanus racemosa); and California bay laurel (Umbellularia californica). Two protected tree species were observed on the campus during the site visit, coast live oak, and western sycamore. JURISDICTIONAL WATERS Wetlands and permanent and intermittent drainages, creeks, and streams are generally subject to the jurisdiction of the Army Corps of Engineers (ACOE) under Section 404 of the Federal Clean Water Act.4 By ACOE definition, all aquatic or riverine habitats between the ordinary high water mark of rivers, creeks, and streams are potentially considered Waters of the US and may fall under ACOE jurisdiction.5 If adjacent wetlands occur, the limits of jurisdiction extend beyond the ordinary high water mark to the outer edge of the wetlands. Such waters may also be subject to jurisdiction of the Regional Water Quality Control Board (RWQCB), pursuant to Section 401 of the Federal Clean Water Act,6 which authorizes the State of California to certify that federal permits and licenses do not violate the state s water quality standards. The state s implementing regulations to conduct certifications are codified under the California Code of Regulations, Title 23, Waters, Sections 3830 through In addition, waters into which discharge may occur are regulated by the RWQCB, pursuant to the California Porter-Cologne Water Quality Control Act.8 Any deposit of fill into Waters of the US, including wetlands, requires the acquisition of a permit from the ACOE pursuant to Section 404 of the Federal Clean Water Act. Fill is 4 US Code, Title 33, Section 404, Clean Water Act, Navigation and Navigable Waters, Chapter 26 Water Pollution Prevention and Controls, Subchapter IV Permits and Licenses, 1344 Permits for dredged or fill material (1977, as amended 1994). 5 Ibid. 6 US Code, Title 33, Section 401, Clean Water Act. 7 California Water Code of Regulations, Title 23, Section 3830 et seq. 8 California Water Code of Regulations, Division 7, Water Quality. 4

7 broadly defined to include most materials (rock, soil, pilings, concrete, wood, incidental fallback of soil from earth-moving equipment, and in some cases additional water) that can be discharged into a water or wetland. Streambeds are potentially subject to regulation by the CDFG under Sections of the California Fish and Game Code. 9 A stream is defined under these regulations as a body of water that flows at least periodically or intermittently through a bed or channel having banks and that supports fish or other aquatic life. This definition includes watercourses having a surface or subsurface flow that supports or has supported riparian vegetation. CDFG generally asserts that its jurisdiction extends to the edge of the riparian vegetation canopy associated with any stream. Any work within a streambed or the removal of associated riparian vegetation requires the acquisition of a Streambed Alteration Agreement from the CDFG. There are no surface streams or water bodies on LMU s campus, with the exception of a small sump just south of Drollinger Parking Plaza on Leavey Campus, which functions as part of the campus storm drain system. The sump was designed to treat and store runoff in accordance with the campus National Pollutant Discharge Elimination System permit, which requires the first flush of stormwater runoff (equivalent to a two-year storm event) to be treated prior to exiting the campus. Sources of water accumulation in the sump include low-flow storm event and irrigation runoff from Leavey Campus as well as seasonal rainfall. 10 During heavy rain events, excess flow is discharged from the sump into an LMU-owned storm drain pipe beneath LMU Drive; this pipe becomes a City storm drain just south of the sump, as the pipe exits Leavey Campus and enters Hughes Campus. Because it is a component of the campus storm drain system, the sump s area and depth are highly variable (almost entirely dependent on the frequency and volume of runoff flows it receives). Accordingly, water volumes in the sump fluctuate and it is only intermittently full. The sump terminates on-site and flows into the City s storm-drain system, and is therefore isolated from other bodies of water; moreover, it does not simultaneously exhibit all three wetland identification parameters (indicator plants, hydric soils, and ordinary high water mark ) required to meet the United States Army Corp of Engineers definition of wetlands. 11 As such, the sump does not fall under the jurisdiction of the United States Army Corp of Engineers. Moreover, the sump is regularly cleaned out 9 California Fish and Game Code, Sections Accessed online: 10 KPFF Consulting Engineers, Hydrology Study: Loyola Marymount University, (2008). Provided in Appendix IV.G. 11 United States Army Corp of Engineers, Technical Report Y-87-1, Corps of Engineers Wetlands Delineation Manual, (1987). 5

8 and maintained to function effectively as part of the storm drain system, and is therefore not expected to support special-status aquatic species, nor does it support sensitive habitat (i.e., vegetation within the sump does not match any of the listed types recognized as sensitive on the Department of Fish and Game List of California Terrestrial Natural Communities Recognized by The California Natural Diversity Database, September 2003 Edition). As an isolated body unconnected to any a river, lake, or stream, the sump is not subject to the jurisdiction of the California Department of Fish and Game under Sections of the California Fish and Game Code. 12 The sump would be avoided by Proposed Project development, since this area would be designated Buffer/Open Space 2 Planning Area under the proposed Specific Plan. Given the small size of the sump, the lack of sensitive habitat, and the fact that no Project-related impacts are anticipated, no United States Army Corp of Engineers, California Department of Fish and Game, or Regional Water Quality Control Board permits would be required. The LMU campus does not encompass the channelized drainage to the northwest of the campus, at the base of the bluffs. Any future Proposed Project activities would not be expected to directly impact this resource. In addition, future Proposed Project activities are planned to avoid the bluff face, making indirect impacts to the channelized drainage unlikely. 12 California Code of Regulations, Title 14, Chapter 1, Section