Loading...
HomeMy WebLinkAbout06_Sec4.1_BiologicalResources_w 4.1 Biological Resources 4.1BIOLOGICAL RESOURCES This section describes existing biological resources at the MEIR Study Area and describes potential impacts resulting from implementation of the proposed project. An MEIR Study Area of approximately 220 acres has been identified, of which 160 acres would eventually comprise the Genentech R&D Overlay District, as described in the Project Description (see Chapter 3, page 3-7). All of the approximately 160 acres currently owned by Genentech (although not all operated as Genentech facilities) are developed. Of these, roughly 40 percent are assumed to remain as is and 60 percent are planned for redevelopment by 2016, the 2006 FMPU horizon (Dyett & Bhatia 2005). Figure 4.1-1 shows the sites on Genentech Campus, where redevelopment or new construction could potentially occur (Opportunity Sites.) Taxonomy and nomenclature generally follows American Ornithologist?s Union (AOU 2003) for birds, Laudenslayer et al. (1991) for all other terrestrial vertebrates, and Jepson (Hickman 1993) and National Park Service (NPS) website for plants. Also referenced are the Colma Creek Clapper Rail Survey (EIP Associates 2002), California Natural Diversity Database (CNDDB), United States Fish & Wildlife Service (USFWS) sensitive species lists, and California Native Plant Society (CNPS) Electronic Inventory. A site visit conducted by EIP biologists on November 18, 2005 assessed current site conditions. No changes in biological resources occurred between the site visit and the December 9, 2005 Revised Notice of Preparation (NOP) that set the baseline date. Full bibliographic entries for all reference materials are provided in Section 4.1.4 (References) of this section. No comment letters related to biological resources were received in response to the December 9, 2005 Revised Notice of Preparation (NOP) circulated for the proposed project. In addition, no comments were received at the public scoping meeting held January 17, 2006. The NOP and comment letters are included in Appendix A of this MEIR. 4.1.1Existing Conditions Site Description The MEIR Study Area is located in the City of South San Francisco, within what the City?s General Plan designates the East of the 101 Area, along the western shoreline of Central San Francisco Bay, one mile north of San Francisco International Airport (SFIA) and 10 miles south of downtown San Francisco. South San Francisco is built upon the Bay plain and the northern foothills of the Coastal Range. The MEIR Study Area is fully developed and includes surface parking lots, roads, structures and landscaped areas, interspersed with steep hillsides which contain upland ruderal grassland habitat. 4.1-1 Genentech Corporate Facilities Master EIR Chapter 4 Environmental Analysis Environmental Setting Habitats Habitat types within the MEIR Study Area were identified during a November 18, 2005 site visit conducted by EIP biologists. Three different habitat types were observed within the MEIR Study Area. These include developed (roads, surface parking lots, and structures), turf grass/landscaping, and upland ruderal grasslands. Coastal salt marsh, a sensitive habitat, occurs adjacent to the MEIR Study Area. All habitats observed within the MEIR Study Area are described below. Most of the MEIR Study Area is developed and is primarily composed of landscaped vegetation. Developed The developed area is completely covered with impervious surfaces such as roads, surface parking lots, and structures. Buildings may provide nesting habitat for some bird species, but in general, no biological resources occur within developed areas. Developed areas account for much land within the MEIR Study Area. Landscaped Landscaping is interspersed between roads, surface parking lots, and structures and is laid out along roads, sidewalks, and promenades. The landscape vegetation consists of grasses, shrubs, and trees. Much of the landscaped area is planted with ground cover of Bermuda grass (Cynodon dactylon) or English ivy (Hedera helix). Bermuda grass is a popular lawn grass that spreads rapidly and can grow in almost any soil that is not too wet or shady. Similarly, ivy requires almost no maintenance. Various non-native tree species observed in the landscaped areas include eucalyptus (Eucalyptus spp.), cypress (Cupressus spp.), pine (Pinus spp.), and olive (Olea spp.). Sycamores (Platanus racemosa), native to this area, were also present but were planted as part of the landscaping. Also observed were pyrocantha (Pyrocantha augustifolia), a native plant species with berries that could provide foraging for American robin (Turdus migratorius), and other common bird species. The landscape vegetation could provide shelter, foraging opportunity and nesting sites for small birds (passerines), and rodents, such as rats, mice, voles, ground squirrels, and gophers. Upland Ruderal Grassland Areas that are not covered by roads, surface parking lots, structures, and landscaped vegetation contain upland ruderal grassland habitat. This habitat consists of mostly weedy non-native plant species. Species observed include wild radish (Raphanus spp.), fennel (Foeniculum vulgare), and pampas grass (Cortaderia spp.), all of which are non-native. Ruderal grasslands are generally found on relatively steep slopes, most of which have been terraced, or cut and filled. This habitat is not likely to support sensitive plant or animal species, as it is considered low quality habitat because it is highly disturbed and comprised of non- native vegetation. One slope observed during the November 18, 2005 EIP field survey supports native toyon(Heteromeles arbutifolia) interspersed with ruderal (weedy) vegetation. Because these plants occur in relatively straight lines, they were most likely planted after cutting of the slope for slope stability purposes. 4.1-2 Genentech Corporate Facilities Master EIR 4.1 Biological Resources SensitiveSpecies/Habitats Information on sensitive species and habitats occurring in the vicinity of the proposed project was obtained from the California Department of Fish and Game (CDFG) CNDDB (information dated July 1, 2005) for the U.S. Geological Survey?s 7.5-minute San Francisco South, San Francisco North, Hunters Point, Montara Mountain, San Mateo, Oakland West, Oakland East, San Leandro and Redwood Point quadrangles, and USFWS generated species lists for the above quadrangles (USFWS 2005). These sources have been compiled into a single list of special-status species and their potential to occur in the MEIR Study Area (Appendix B). A combined total of 192 species are reported by the USFWS and CNDDB as potentially occurring within the above mentioned quadrangles. To determine the potential for a species to occur in the MEIR Study Area, any one of the following criteria were applied: Habitat for the species has been identified within the MEIR Study Area. The proposed project has potential to effect the species. The species is well known to the public and resource agencies, thereby garnering attention and concern. Application of this criteria to the list of sensitive species reveals that habitat in the proposed project vicinity is not suitable for many of these species. Species that warrant further detailed discussion are limited to five animal species, three plant species, and one habitat. Salt marshes (a sensitive habitat) adjacent to the MEIR Study Area have the potential to support populations of California clapper rail (Rallus longirostris obsoletus), Alameda song sparrow (Melospiza melodia pusillula), salt marsh common yellowthroat (Geothlypis trichas sinuosa), salt marsh harvest mouse (Reithrodontomys raviventris), salt marsh vagrant shrew (Sorex vagrans haliocoetes), Pacific cordgrass (Spartina foliosa), salt marsh owl?s clover (Castilleja ambigua ssp. Palustris), and marsh milk-vetch (Astragalus pycnostachyus var. pycnostachyus). Sensitive Habitats Salt Marsh Coastal salt marsh is considered a threatened habitat by the CDFG. In the MEIR Study Area, coastal salt marsh habitat occurs along the shoreline at the end of Forbes Boulevard near the San Francisco Bay Trail public access parking area, as shown in Figure 4.1-2. Analysis of the MEIR Study Area was conducted based on publicly available satellite images of the MEIR Study Area and a field survey conducted by EIP biologists on November 18, 2005. This marsh area consists of relatively small stands of salt grasses, and a very small patch of pickleweed (Salicornia ssp.). Surrounding this small marsh area are steep uplands which support ruderal (weedy) habitat. Salt marshes occur along the margins of bays, lagoons, and estuaries sheltered from excessive wave action, above intertidal sand and mud flats and below upland communities not subject to tidal action. These wetlands are present in suitable locations along the entire California coast, the largest stands occurring in the San Francisco Bay. Salt marshes were once very common in San Francisco Bay. Placement of fill within the Bay has removed over 90 percent of former tidal salt marsh. 4.1-5 Genentech Corporate Facilities Master EIR 4.1 Biological Resources Salt marshes provide food, cover and nesting and roosting habitat for a variety of birds, mammals, reptiles, and amphibians. Endemic subspecies of birds include the endangered California and light-footed clapper rails (Rallus longirostris spp.), California black rail (Laterallus jamaicensis coturnicolus), salt marsh yellowthroat (Geothlypis trichas sinuosa), Belding's Savannah sparrow (Passerculus sandwichensis beldingi) and three subspecies of the song sparrow (Melospiza melodia) at San Francisco Bay. Other bird species that feed or roost in these wetlands are herons (Ardea spp.), egrets (Egretta spp.), ducks (Anatidae family), Virginia rail (Rallus limicola), American coot (Fulica Americana), shorebirds, swallows, and marsh wren (Cistothorus palustris). Characteristic mammals include species of shrews (Sorex spp.), bats, and mice (Reithrodontomys ssp.), including the endangered salt marsh harvest mouse (Reithrodontomys raviventris) endemic at San Francisco Bay, as well as the raccoon (Procyon lotor), mink (Mustela vison), river otter (Lutra Canadensis), and harbor seal (Phoca vitulina). A number of species from adjacent uplands visit the wetlands to feed. Several species of lizards and snakes frequent the edge of the high marsh, whereas the Pacific tree frog (Pseudacris (Hyla) regilla) and western toad (Bufo spp.) may occur in slightly brackish marsh or after heavy rains. Sensitive Animals California Clapper Rail (Rallus longirostris obsoletus) The California clapper rail is an inhabitant of tidal salt marshes of the greater San Francisco Bay, although some individuals use brackish marshes during the spring breeding season. In south and central San Francisco Bay and along the perimeter of San Pablo Bay, clapper rails typically inhabit salt marshes dominated by pickleweed and Pacific cordgrass (Spartina foliosa) (USFWS 2005). The clapper rail was listed as endangered by the USFWS in 1970 and by the CDFG in 1971. The nearest known clapper rail populations are located approximately 0.5 miles away along Colma Creek between Utah Avenue and Navigable Slough, and approximately 11 miles south of the MEIR Study Area at Belmont Slough (EIP 2002). One area of coastal salt marsh was identified by EIP staff on November 18, 2005 in a field survey. This small marsh area occurs along the shoreline at the end of Forbes Boulevard near the San Francisco Bay Trail public access parking area. This marsh area consists of relatively small stands of salt grasses, and a very small patch of pickleweed. Surrounding this small marsh area are steep uplands supporting ruderal vegetation. No clapper rails were observed within this tidal salt marsh. The salt grass stands and pickleweed patches here are too small and fragmented to support clapper rails. Alameda Song Sparrow (Melospiza melodia pusillula) The Alameda song sparrow is a federal and CDFG Species of Special Concern. The Alameda song sparrow occurs only in the marshlands of the San Francisco Bay Region (Jurek 1974). The primary range of the Alameda song sparrow extends from Coyote Creek, at the southern extremity of the Bay, northward along the west shore of South San Francisco Bay to Belmont Slough and along the east shore to San Lorenzo. Song sparrows nest in dense riparian thickets, emergent wetlands (including salt marshes), and dense thickets of other vegetation (Madrone Audubon Society 1995). The Alameda song sparrow uses tidal salt marsh habitats along the edge of the Bay and streams where tidal flow affects the vegetation. 4.1-7 Genentech Corporate Facilities Master EIR Chapter 4 Environmental Analysis The relatively small coastal salt marsh located along the shoreline at the end of Forbes Boulevard near the San Francisco Bay Trail public access parking area is made up of small fragmented stands of cordgrass; no riparian vegetation is present. This small salt marsh is surrounded by highly disturbed, steep upland areas supporting ruderal (weedy) vegetation. The thick salt grass stands provide marginal nesting habitat for the Alameda song sparrow. Thus, this coastal salt marsh has the potential to support Alameda song sparrow. Saltmarsh Common Yellowthroat (Geothlypis trichas sinuosa) The salt marsh common yellowthroat is a federal and CDFG Species of Special Concern that inhabits fresh and saltwater marshes. It requires thick, continuous cover down to the water surface for foraging. It needs either tall grasses, tule patches, or willows for nesting. The coastal salt marsh habitat adjacent to the MEIR Study Area is relatively small and fragmented, and lacks taller vegetation like willows or riparian habitat. However, marginal foraging and nesting habitat for the salt marsh common yellowthroat is provided by the stands of salt grasses. Therefore, salt marsh common yellowthroat have the potential to occur within this coastal salt marsh. Salt Marsh Vagrant Shrew (Sorex vagrans halicoetes) and Salt Marsh Harvest Mouse (Reithrodontomys raviventris) The salt marsh vagrant shrew is a federal and CDFG Species of Special Concern. This species is found in dense, low cover, primarily pickleweed, above high tide line of tidal marshes of the South San Francisco Bay. The EIP field survey, conducted on November 18, 2005, did not result in the direct observation or evidence of this species. The CNDDB does not report occurrences of this species in the proposed project vicinity. The salt marsh harvest mouse is a federal and state endangered species and is fully protected by CDFG. This species is found only in emergent salt marsh habitats of San Francisco Bay where pickleweed is the primary vegetation. The mouse requires escape habitat above high water levels. The uplands lining this marsh do not provide this habitat because they contain vegetation which is too sparse. The MEIR Study Area does contain salt marsh habitat along the shoreline at the end of Forbes Boulevard near the San Francisco Bay Trail public access parking area. This marsh area consists of relatively small stands of salt grasses, and a very small patch of pickleweed. This salt marsh is probably too small and fragmented to provide suitable habitat for either of these species. Surrounding this small marsh area are steep uplands consisting of ruderal vegetation. These uplands do not satisfy the flood escape requirements of the salt marsh harvest mouse. Because the habitat is not suitable and because it was not observed during the site inspection in November 2005, this species is presumed absent from the MEIR Study Area. Sensitive Plants No sensitive plant species are documented within the MEIR Study Area. The upland ruderal grassland habitat is located on steep hillsides that have been terraced or cut and filled. Almost all native soil has been removed from these areas or buried beneath fill. In addition, many sensitive plant species reported 4.1-8 Genentech Corporate Facilities Master EIR 4.1 Biological Resources to occur within the region are associated with serpentine soils, which are absent from the MEIR Study Area (Appendix B). However, sensitive plant species have the potential to occur in the coastal salt marsh adjacent to the MEIR Study Area. Pacific cordgrass (Spartina foliosa), salt marsh owl?s clover (Castilleja ambigua ssp. palustris), and marsh milk-vetch (Astragalus pycnostachyus var. pycnostachyus) all occur in coastal salt marsh habitat. These species could be found in salt marsh areas adjacent to the MEIR Study Area. Critical Habitat Information provided by USFWS indicates that critical habitat has been designated for several species (Appendix B). All the listings of critical habitat were reviewed and the MEIR Study Area does not contain lands designated as critical habitat for any threatened or endangered species. 4.1.2Regulatory Framework Federal Migratory Bird Treaty Act of 1918 The Migratory Bird Treaty Act (MBTA) makes it unlawful to ?take? (kill, harm, harass, etc) any migratory bird listed in 50 CFR 10, including their nests, eggs, or products. Migratory birds include geese, ducks, shorebirds, raptors, songbirds, and many others. There are over 800 species listed in the MBTA including common species observed within the MEIR Study Area such as the American robin, white-crowned sparrow (Zonotrichia leucophrys), bufflehead (Bucephala albeola), American coot (Fulica Americana), lesser goldfinch (Carduelis psaltria), Anna?s hummingbird (Calypte anna), surf scoter (Melanitta perspicillata), willet (Catoptrophorus semipalmatus), Brewer?s blackbird (Euphagus cyanocephalus), yellow-rumped warbler (Dendroica coronata), and mallard (Anas platyrhyncos). Federal Endangered Species Act of 1973 Section 3 of the Federal Endangered Species Act (FESA) defines an endangered species as any species or subspecies of fish, wildlife, or plants ?in danger of extinction throughout all or a significant portion of its range.? A threatened species is defined as any species or subspecies ?likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.? Designated endangered and threatened species, as listed through publication of a final rule in the Federal Register, are fully protected from a ?take? without an incidental take permit administered by the USFWS under Section 10 of the FESA. Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct (50 CFR 17.3). The term ?harm? in the definition of ?take? in the Act means an act which actually kills or injures wildlife. 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 (50 CFR 17.3). The term ?harass? in the definition of ?take? means an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns 4.1-9 Genentech Corporate Facilities Master EIR Chapter 4 Environmental Analysis which include, but are not limited to, breeding, feeding, or sheltering (50 CFR 17.3). Proposed endangered or threatened species are those for which a proposed regulation, but not a final rule, has been published in the Federal Register. Section 7 of the FESA requires that federal agencies ensure that their actions are not likely to jeopardize the continued existence of a listed species or destroy or adversely modify its critical habitat. This obligation requires federal agencies to consult with the USFWS on any actions (issuing permits including Section 404 permits, issuing licenses, providing federal funding) that may affect listed species to ensure that reasonable and prudent measures will be undertaken to mitigate impacts on listed species. Consultation with USFWS can be either formal or informal depending on the likelihood of the action to affect listed species or critical habitat. Once a formal consultation is initiated, USFWS will issue a Biological Opinion (either a ?jeopardy? or a ?no jeopardy? opinion) indicating whether the proposed agency action will or will not jeopardize the continued existence of a listed species or result in the destruction or modification of its critical habitat. A permit cannot be issued for a project with a ?jeopardy? opinion unless the project is redesigned to lessen impacts. In the absence of any federal involvement, as in a privately-funded project on private land with no federal permit, only Section 10(a) of the FESA can empower the USFWS to authorize incidental take of a listed species provided a habitat conservation plan (HCP) is developed. To qualify for a formal Section 10(a) permit, strict conditions must be met including a lengthy procedure involving discussions with USFWS and local agencies, preparation of a HCP, and a detailed Section 10(a) permit application. State California Endangered Species Act The California Endangered Species Act (CESA) declares that deserving plant or animal species will be given protection by the state because they are of ecological, educational, historical, recreational, aesthetic, economic, and scientific value to the people of the state. The CESA established state policy to conserve, protect, restore, and enhance endangered species and their habitats. Under state law, plant and animal species may be formally designated rare, threatened, or endangered by official listing by the California Fish and Game Commission. Listed species are generally given greater attention during the land use planning process by local governments, public agencies, and landowners than are species that have not been listed. The CESA authorizes that ?Private entities may take plant or wildlife species listed as endangered or threatened under the federal ESA and CESA, pursuant to a federal incidental take permit issued in accordance with Section 10 of the federal ESA, if the CDFG certifies that the incidental take statement or incidental take permit is consistent with CESA (Fish & Game Code § 2080.1(a)). California Environmental Quality Act?Treatment of Listed Plant and Animal Species Both the federal and state Endangered Species Acts protect only those species formally listed as threatened or endangered (or rare in the case of the state list). Section 15380 of CEQA Guidelines, 4.1-10 Genentech Corporate Facilities Master EIR 4.1 Biological Resources however, independently defines ?endangered? species of plants, fish or wildlife as those whose survival and reproduction in the wild are in immediate jeopardy and ?rare? species as those who are in such low numbers that they could become endangered if their environment worsens. Therefore, a project will normally have a significant effect on the environment if it will substantially affect a rare or endangered species or the habitat of the species. The significance of impacts to a species under CEQA must be based on analyzing actual rarity and threat of extinction despite legal status or lack thereof. State of California?Sections 3503, 3503.5, 3800 of the Fish and Game Code These sections of the Fish and Game Code prohibit the ?take, possession, or destruction of birds, their nests or eggs.? Disturbance that causes nest abandonment and/or loss of reproductive effort (killing or abandonment of eggs or young) is considered a ?take.? The McAteer-Petris Act (California Government Code 66600?66682) The McAteer-Petris Act created the San Francisco Bay Conservation and Development Commission (BCDC) in 1965. BCDC?s mission was the preservation of San Francisco Bay from indiscriminate filling. BCDC?s first task was compilation of a comprehensive study of the Bay and determining how future development of the Bay should occur. This effort resulted in the San Francisco Bay Plan in 1968. In 1969 the findings and policies of the Bay Plan were incorporated into the McAteer-Petris Act which was amended making BCDC a permanent state agency. The Bay Plan continues to evolve and remains the guiding document for BCDC?s actions. Section 66610 of the McAteer-Petris Act establishes the boundaries of San Francisco Bay in relation to BCDC?s jurisdiction. Essentially, all areas below the mean high tide line and an area within a shoreline band that extends landward for 100 feet from the mean high tide line are subject to their jurisdiction. Section 66632 of the McAteer-Petris Act establishes the permitting process for projects which would place fill in, on, or over any part of BCDC?s jurisdiction as defined in Section 66610. A portion of the MEIR Study Area is within the shoreline band and therefore is subject to BCDC?s jurisdiction. Local Tree Preservation Ordinance According to Title 13, Chapter 13.30 of the South San Francisco Municipal Code (SSFMC), pruning or removal of a protected tree requires a permit. A ?protected tree? is defined as any tree with a circumference of 48 inches or more when measured 54 inches above natural grade; a tree or stand of trees so designated based upon findings that it is unique and of importance to the public due to its unusual appearance, location, historical significance; or a stand of trees whereby each tree is dependent upon the others for survival. ?Pruning? means the removal of more than one third of the crown or existing foliage of the tree or more than one third of the root system, while ?trimming? means the removal of less than one third of the crown or existing foliage of the tree or less than one third of the root system. Trimming of a protected tree is allowed without a permit. 4.1-11 Genentech Corporate Facilities Master EIR Chapter 4 Environmental Analysis 4.1.3Project Impacts and Mitigation Analytic Method The existing biological resources within the MEIR Study Area, as discussed previously in the setting, were compared to the thresholds of significance presented below. The first four of the criteria indicate that a significant impact could occur when a ?substantial effect? occurs. To evaluate the potential for the proposed project to impact biological resources, it is necessary to define the term substantial. The following definitions were used: Thresholds of significance #1?Substantial effect on species A substantial effect here would be a ?take? of a state or federally listed species, even a single individual. For those species that are not officially listed, complete removal of the habitat they utilize within the MEIR Study Area is considered a substantial reduction if there is not an abundance of similar habitat immediately adjacent to the area lost. Direct loss of eggs or un-fledged chicks of these species is also considered a substantial adverse effect. Thresholds of significance #2?Substantial effect on habitats For sensitive habitats (coastal salt marsh), reductions of over 25 percent of similar habitat within the vicinity of the proposed project would be considered a substantial reduction. Threshold of significance #3?Substantial effect on wetlands Because both the state and federal regulatory agencies have no net loss policies any reduction in wetland areas is considered a substantial adverse effect. Threshold of significance #4?Substantial effect on migratory pathways Fragmentation of existing habitats or creation of barriers between two undeveloped areas where the barrier blocks more than half the corridor is considered a substantial interference to migratory movements of wildlife. Thresholds of Significance The following thresholds of significance are based on Appendix G of the 2006 CEQA Guidelines. For purposes of this MEIR, implementation of the proposed project could result in potentially significant impacts to biological resources if the proposed project would result in any of the following: Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Services Have 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 U.S. Fish and Wildlife Services Have 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.) through direct removal, filling, hydrological interruption, or other means Interfere substantially with the movement of any native resident of migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites 4.1-12 Genentech Corporate Facilities Master EIR 4.1 Biological Resources Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional, or state habitat conservation plan. Impacts and Mitigation Measures Threshold Have a substantial adverse effect, either directly or through habitat modifications, on species identified as candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Services. Impact 4.1-1 Construction activities associated with the proposed project would not substantially affect the California clapper rail, salt marsh vagrant shrew, or no impact salt marsh harvest mouse. There would be associated with this effect. A small salt marsh area was identified that occurs along the shoreline at the end of Forbes Boulevard near the San Francisco Bay Trail public access parking area. This is a relatively small marsh area with fragmented stands of salt grass and very small, scattered patches of pickleweed, with ruderal grassland uplands. California clapper rails, salt marsh vagrant shrew, and salt marsh harvest mouse are dependent on high quality salt marsh habitats, especially those with dense stands of pickleweed. This quality of no impact habitat does not exist in or adjacent to the MEIR Study Area. There would be associated with this effect. Impact 4.1-2 Construction activities associated with the proposed project could substantially affect the salt marsh common yellowthroat and Alameda song sparrow. This is considered a significant impact.However, with implementation of the identified mitigation measure MM 4.1-1, this impact less than significant. would be reduced to Marginal foraging and nesting habitat for the salt marsh common yellowthroat and marginal nesting habitat for the Alameda song sparrow is provided by the stands of salt grasses scattered throughout the coastal salt marsh area adjacent to the MEIR Study Area. Therefore, these species do have the potential to occur here. Pile-driving required for construction activities associated with the proposed project on land adjacent to the coastal salt marsh would generate noise levels that could disrupt nesting attempts. Disruption of nesting could lead to locally reduced populations of these sensitive species and is therefore considered a potentially significant impact. Implementation of mitigation measure MM 4.1-1 would reduce impacts to salt marsh common yellowthroat and Alameda song sparrow to a less-than-significant level. MM 4.1-1 On land adjacent to the coastal salt marsh, pile-driving associated with construction activities shall avoid the February 1 through August 31 bird nesting period (Hunter 1999) to the extent possible. If no pile-driving is proposed during the nesting period, no surveys are required. If it is not feasible to avoid the nesting period, a survey for nesting birds shall be conducted by a 4.1-13 Genentech Corporate Facilities Master EIR Chapter 4 Environmental Analysis qualified wildlife biologist no earlier than 14 days prior to pile-driving. The area surveyed shall include all areas within 150 feet outside the boundaries of the area where pile-driving is to occur or as otherwise determined by the biologist. Survey results shall be valid for 21 days following the survey date. In the event that an active nest is discovered in the areas to be habitats within 150 feet of construction boundaries, pile-driving shall be postponed for at least two weeks or until a wildlife biologist has determined that the young have fledged (left the nest), the nest is vacated, and there is no evidence of second nesting attempts. Impact 4.1-3 Construction activities associated with implementation of the proposed project could substantially affect sensitive plant species. This is considered a significant impact. However, implementation of the requirements, PR 4.13-1(a) and PR 4.13-1(b), it would ensure this impact would remain less than significant. The coastal salt marsh located along the shoreline at the end of Forbes Boulevard near the San Francisco Bay Trail public access parking area is considered a threatened habitat by the CDFG. This marsh area has the potential to support sensitive plant and animal species. Sedimentation of this habitat would change the plant species that could survive, change the flooding pattern, and allow access to the marsh by terrestrial predators. All of these elements would decrease the habitat value of the salt marsh. As discussed in Section 4.13 (Utilities and Service Systems), demolition of existing buildings would expose soils to erosive forces. Deposition of sediment resulting from adjacent construction activities could impact this sensitive habitat. A complete discussion of soil erosion impacts is presented in Section 4.13 (Utilities and Service Systems). Also provided are project requirements to decrease soil erosion to less- than-significant levels. Incorporation of these project requirements would ensure sedimentation-related less than significan impacts to the coastal salt marsh are t. Threshold Have 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 U.S. Fish and Wildlife Services. Impact 4.1-4 Construction activities associated with implementation of the proposed project could lead to soil erosion that, if allowed to enter adjacent coastal salt marsh habitat, would impact this sensitive resource. This is considered a significant impact.However, implementation of the identified project requirements, PR 4.13-1(a) and PR 4.13-1(b), it would ensure this impact less than significant. would remain The coastal salt marsh located along the shoreline at the end of Forbes Boulevard near the San Francisco Bay Trail public access parking area is considered a threatened habitat by the CDFG. This marsh area has the potential to support sensitive plant and animal species. Deposition of sediment resulting from adjacent construction activity would impact this sensitive habitat. A discussion of soil erosion impacts is presented in Section 4.13 (Utilities and Service Systems). Also provided are project requirements to decrease soil erosion to less-than-significant levels. Incorporation of these project requirements would less than significant ensure impacts relating to soil erosion to the coastal salt marsh are . 4.1-14 Genentech Corporate Facilities Master EIR 4.1 Biological Resources Threshold Have 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.) through direct removal, filling, hydrological interruption, or other means. Impact 4.1-5 Implementation of the proposed project would not have a direct impact on federally protected wetlands through direct removal, filling, hydrological no impact interruption, or other means. There would be associated with this effect. There are no wetlands on the MEIR Study Area. Coastal salt marsh habitat occurs adjacent to the MEIR Study Area, but would not be directly impacted. The proposed project does not include development in no direct impact the Bay or on the salt marsh. There would be to wetlands. Indirect impacts potentially resulting from soil erosion are discussed in Impact 4.1-4. Threshold Interfere substantially with the movement of any native resident of migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. Impact 4.1-6 Implementation of the proposed project could interfere with the movement of species or established migratory corridors, or impede use of native wildlife nursery sites. This would be a significant impact. However, implementation of the identified project requirements, PR 4.13-1(a) and less than significant. (b), would ensure this impact would remain Construction and development associated with implementation of the proposed project would not occur within any critical or sensitive habitat. All the listings of critical habitat provided by USFWS were reviewed and the MEIR Study Area does not contain lands designated as critical habitat for any threatened or endangered species. However, sensitive salt marsh habitat occurs and sensitive species could occur adjacent to the MEIR Study Area, and may be impacted by noise or soil erosion associated with construction activities. Noise impacts associated with construction activities to sensitive species have been addressed in Impact 4.1-2. Soil erosion impacts to sensitive habitat (i.e., migratory corridors) have been addressed in Section 4.13 (Utilities and Service Systems) as discussed in Impact 4.13 and 4.1-4. Further, any impacts that could potentially impede the use of native wildlife nursery sites have been less-than-significant reduced to a level, and no additional mitigation measures are required. Impact 4.1-7 Vegetation removal and ground-clearing activities could result in minor disruption of locally nesting birds. While the disturbance of active nests would be a violation of State Fish and Game Code and potentially the Migratory Bird Treaty Act , there are ample alternate nesting sites less than significant available. Because of this, this impact is considered . As discussed in the ?Regulatory Setting? (Section 4.1.2), most species of birds occurring on the MEIR Study Area are protected by both state (Fish and Game Code) and federal (Migratory Bird Treaty Act of 1918) laws. The destruction of nests or nestlings is a violation of the Fish and Game Code and potentially the Migratory Bird Treaty Act. The landscaping vegetation within the MEIR area provides 4.1-15 Genentech Corporate Facilities Master EIR Chapter 4 Environmental Analysis nesting habitat. It is expected that relatively minor amounts of landscaping would be removed at any one time. Because of this, access to and use of native wildlife nursery sites will not be substantially interrupted by the proposed project. Therefore, because the project-generated affects do not exceed the established less-than-significant threshold, this is considered a impact of the proposed project. If vegetation removal were to occur during the February 1 through August 31 bird nesting period, it could result in potential violation of Fish and Game Code (Sections 3503, 3513, or 3800) if it results in destruction of bird nests. It is expected that the project sponsor will comply with the applicable regulations. Threshold Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. Impact 4.1-8 Implementation of the proposed project could conflict with the local Tree Preservation Ordinance. This would be a significant impact. However, with implementation of the identified mitigation measure, MM 4.1-2, this less than significant. impact would be reduced to Landscaped areas in the MEIR Study Area may contain trees defined as ?protected? by the South San Francisco Tree Preservation Ordinance, Title 13, Chapter 13.30. Development activities could involve ?removal? or ?pruning? of protected trees. Implementation of mitigation measure MM 4.1-2, below, less-than-significant would reduce this impact to a level. MM 4.1-2 Prior to the start of construction, the project applicant shall retain a certified arborist to conduct preconstruction surveys of trees within the MEIR Study Area, and provide a map to the applicant and the City. Each protected tree identified that will be directly impacted by removal or pruning shall require a Tree Pruning/Removal Permit per Title 13, Chapter 13.30 of the South San Francisco Municipal Code (SSFMC). This permit shall be submitted to the City and must be approved before building permits are issued. Replacement trees shall be determined as set forth in SSFMC Section 13.30.080: (a) Any protected trees that are removed shall be replaced as follows: (1) Replacement shall be three 24-inch box size or two 36-inch box minimum size landscape trees for each tree removed as determined below. However, the director maintains the right to dictate size and species of trees in new developments. (2) Any protected tree removed without a valid permit shall be replaced by two thirty-six-inch box minimum size landscape trees for each tree so removed as determined below. (3) Replacement of a protected tree can be waived by the director if a sufficient number of trees exist on the property to meet all other requirements of the tree preservation ordinance. (4) If replacement trees, as designated in subsection (b)(1) or (2) of this section, as applicable, cannot be planted on the property, payment of twice the replacement value of the tree as determined by the International Society of Arboriculture Standards shall be made to the City. Such payments shall be deposited in the tree planting fund to be drawn upon for public tree purchase and planting. (Ord. 1271 §1 (part), 2000: Ord. 1060 §1 (part), 1989) 4.1-16 Genentech Corporate Facilities Master EIR 4.1 Biological Resources Threshold 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 4.1-9 Implementation of the proposed project would not conflict with Habitat Conservation Plans (HCP) adopted by the City of South San Francisco. no impact There would be associated with this effect. No HCP or NCCP has been adopted by the City that includes the MEIR Study Area. Because the no impact proposed project does not conflict with any conservation plans, there is . 4.1.4References American Ornithologist?s Union (AOU). 2003. The American Ornithologist?s Union Check-list of North American Birds, Seventh Edition. Available online at: http://www.aou.org/aou/birdlist.html. California Department of Fish and Game, Wildlife and Habitat Data Analysis Branch, California Wildlife Habitat Relationships System, http://www.dfg.ca.gov/whdab/cwhr/pdfs/SEW.pdf, Accessed November 18, 2005. Dyett & Bhatia, Draft Genentech Central Campus Ten-Year Master Plan South San Francisco, November 2005. EIP Associates. 2002. Survey results for California clapper rail at the Colma Creek flood control mitigation project site. Prepared for San Mateo County Department of Public Works. Hickman, J.C. (ed). 1993. The Jepson Manual. Berkeley, CA: University of California Press. Hunter, B. 1999. Regional Manager, Central Coast Region, California Department of Fish and Game, Letter to Mr. Hugh Graham, Principal Planner, Development and Review Office, County of San Jose, May 7, 1999 Regarding Santa Clara County Fairgrounds Redevelopment. Johnston, David, 2006. Regional Biologist, Central Coast Region, California Department of Fish and Game, Personal correspondence on April 20. Jurek, R.M, 1974. California Department of Fish and Game, Salt Marsh Song Sparrow Study. Laudenslayer, W. F., W. E. Grenfell, Jr., and D. C. Zeiner 1991. A check-list of the amphibians, reptiles, birds, and mammals of California. California Dept. Fish and Game 77:109-141. Madrone Audubon Society, 1995. Sonoma County Breeding Bird Atlas. U.S. Fish and Wildlife Service. 2005. Species Account?California Clapper Rail (Rallus longirostris obsoletus), http://sacramento.fws.gov/es/animal_spp_acct/clapper_rail.htm, Accessed 15 November, 2005. 4.1-17 Genentech Corporate Facilities Master EIR