Transcript W 4 Jack_WESHA Briefing - CAL

Environmentally Sensitive Habitat Areas
(ESHA)
Overview
Slide 1
Section 30107.5 - ESHA Definition
"Environmentally sensitive area" (ESHA)
means any area in which plant or animal life
or their habitats are either rare or especially
valuable because of their special nature or
role in an ecosystem and which could be
easily disturbed or degraded by human
activities and developments.
Slide 2
Section 30240 - Environmentally Sensitive Habitat
Areas; Adjacent Developments
(a) Environmentally sensitive habitat areas (ESHA)
shall be protected against any significant disruption of
habitat values, and only uses dependent on those resources
shall be allowed within those areas.
(b) Development in areas adjacent to environmentally
sensitive habitat areas (ESHA) and parks and recreation
areas shall be sited and designed to prevent impacts which
would significantly degrade those areas, and shall be
compatible with the continuance of those habitat and
recreation areas.
Slide 3
Important Elements to the Definition of ESHA
1. A geographic area can be designated ESHA
either because of the presence of individual
species of plants or animals or because of
the presence of a particular habitat.
2. In order for an area to be designated as
ESHA, the species or habitat must be rare OR
it must be especially valuable.
3. And, the area must be easily disturbed or
degraded by human activities.
Slide 4
How We Determine Rarity?
One test for making an ESHA finding is determining whether a
species or habitat is rare.
We have a number of resources for determining whether a
species or habitat is rare:
- Federal List of Endangered & Threatened Species
- State List of Endangered & Threatened Species
- California Native Plant Society Rare Plant Inventory
- California Department of Fish and Game
- Species of Special Concern
- California Natural Diversity Database
Slide 5
Examples of Federal & State Listed Species
Species
Southern California
Steelhead
Listing Status
Federally Endangered
Tidewater Goby
Federally Endangered
Arroyo Toad
Federally Endangered
Coastal California
Gnatcatcher
Federally Threatened
Least Bell’s Vireo
Federally Endangered
State Endangered
Pacific Pocket Mouse
Federally Endangered
- Endangered: Taxa which are in danger of becoming extinct throughout all or a significant portion of
their range.
- Threatened: Taxa which are likely to become endangered in the foreseeable future in the absence of
Slide 6
special protection
Examples of California Native Plant Society
Listed Species
Hoffman’s Rockcress
San Luis Mariposa Lily
CNPS List 2
CNPS List 1B
Bigleaf Crownbeard
CNPS List 1B
CNPS 1B: plants that are rare, threatened, or endangered in California and elsewhere.
CNPS 2: plants that are rare, threatened, or endangered in California, but more common elsewhere.
Slide 7
Examples of Department of Fish and Game
Species of Special Concern
Globose dune beetle
Northern Harrier
Coast Horned Lizard
Dusky Footed Woodrat
Slide 8
Native Grassland
Photo credit: Google Images
Slide 9
Coastal Dunes
Photo credit: Jonna Engel
Slide 10
Maritime Chaparral
Photo credit: Jonna Engel
Slide 11
Coastal Woodlands; e.g. Monterey Pine Forest
Slide 12
Santa Monica Mountains
Coastal Sage Scrub
Photo credit: Jonna Engel
Slide 13
Especially Valuable Habitat Areas
Photo credit: Google Images
Gnatcatcher occupied CSS
Photo credit: AJ Skiles
Monarch Butterfly Habitat
Photo credit: Google Images
Marine Mammal Haul Out Areas
Slide 14
ESHA: Easily Degraded or Disturbed?
Slide 15
How Do We Protect ESHA?
- Staff makes recommendation for what constitutes
ESHA – what’s on the ground is what matters
- Avoid the ESHA (only resource dependent uses
allowed in it)
- Buffer the ESHA
- Mitigate Unavoidable Impacts – if project is
permitted
Slide 16
ESHA Determination and Protection Issues
- Level of ESHA Degradation/Disturbance
- Patch Size
- Level of Fragmentation
- Differences of Opinion between CCC Technical Staff and Applicant’s
Consultants:
- ESHA/non-ESHA
- ESHA boundaries
- Level of degradation/disturbance
- Habitat type
- No ESHA “light” – an area is either ESHA or not ESHA, nothing inbetween
- Dated LCP’s – not all the ESHA is identified
- LCP ESHA Maps – not all the ESHA is mapped
- Critical that ESHA be protected in place; can’t move ESHA – Bolsa Chica
Decision
- ESHA Buffers – many LCP’s have inadequate ESHA buffer policies
- Constitutional Takings
Slide 17
Standard of Review: City or County LCP’s or Coastal Act
North Coast
North Central Coast
Central Coast
South Central Coast
South Coast
San Diego Coast