HomeMy WebLinkAboutAppendix C1 - Habitat Assessment
Appendix C-1
Habitat Assessment
2201 N. Grand Avenue #10098 | Santa Ana, CA 92711-0098 | (714) 716-5050
www.ELMTConsulting.com
June 30, 2021
RINCON CONSULTANTS, INC.
Contact: Christine Donaghue
1980 Orange Tree Lane, Suite 105
Redlands, California 92374
SUBJECT: Habitat Assessment for the Ventana Specific Plan Project Located in the City of
Fontana, San Bernardino County, California
Introduction
This report contains the findings of ELMT Consulting’s (ELMT) habitat assessment for the Ventana at
Duncan Canyon Specific Plan Project Site (project site or site) located in the City of Fontana, San
Bernardino County, California. The habitat assessment was conducted by biologist Jacob H. Lloyd Davies
on June 3, 2021 to document baseline conditions and assess the potential for special-status1 plant and
wildlife species to occur within the project boundaries that could pose a constraint to implementation of the
proposed project. Special attention was given to the suitability of the habitat to support burrowing owl
(Athene cunicularia), San Bernardino kangaroo rat (Dipodomys merriami parvus) and other special-status
plant and wildlife species identified by the California Department of Fish and Wildlife’s (CDFW)
California Natural Diversity Database (CNDDB), and other electronic databases as potentially occurring in
the general vicinity of the project site.
Project Location
The project site is generally located south and east of Interstate 15, north of State Route 210, and west of
Interstate 215 in the City of Fontana, San Bernardino County, California. The project site is depicted on the
Devore quadrangle of the United States Geological Survey’s (USGS) 7.5-minute topographic map series
within and Sections 13 and 24 of Township 1 North, Range 6 West. Specifically, the project site is
composed of two portions, northern and southern, which are transected by Duncan Canyon Road. The
northern portion is bounded to the north and west by Interstate 15, to the east by Citrus Avenue, and to the
south by Duncan Road. The southern portion is bounded to the north by Duncan Canyon Road, to the east
by Citrus Avenue, to the south by a Southern California Edison utility easement and undeveloped, vacant
land, and the west by Lytle Creek Road and Interstate 15. The project site is located within Assessor Parcel
Numbers 1107-262-04, -05, -06, -07, and -08, and 0226-075-35, -38, -45, and -46. Refer to Exhibits 1 thru
3 in Attachment A.
1 As used in this report, “special-status” refers to plant and wildlife species that are federally and State listed, proposed, or candidates; plant species that have been designated with a California Native Plant Society Rare Plant Rank; wildlife species that are designated by the CDFW as fully protected, species of special concern, or watch list species; and specially protected natural vegetation communities as designated by the CDFW.
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Project Description
The Ventana at Duncan Canyon Specific Plan governs the development of approximately 105 acres, north and
south of Duncan Road, immediately east of Interstate 15 in north Fontana. The Specific Plan includes ten planning
areas comprised of commercial and residential uses.
Methodology
A literature review and records search were conducted to determine which special-status biological
resources have the potential to occur on or within the general vicinity of the project site. In addition to the
literature review, a general habitat assessment or field investigation of the project site was conducted to
document existing conditions and assess the potential for special-status biological resources to occur within
the project site.
Literature Review
Prior to conducting the habitat assessment, a literature review and records search was conducted for special-
status biological resources potentially occurring on or within the vicinity of the project site. Previously
recorded occurrences of special-status plant and wildlife species and their proximity to the project site were
determined through a query of the CDFW’s QuickView Tool in the Biogeographic Information and
Observation System (BIOS), CNDDB Rarefind 5, the California Native Plant Society’s (CNPS) Electronic
Inventory of Rare and Endangered Vascular Plants of California, Calflora Database, compendia of special-
status species published by CDFW, and the United States Fish and Wildlife Service (USFWS) species
listings.
All available reports, survey results, and literature detailing the biological resources previously observed
on or within the vicinity of the project site were reviewed to understand existing site conditions and note
the extent of any disturbances that have occurred within the project site that would otherwise limit the
distribution of special-status biological resources. Standard field guides and texts were reviewed for specific
habitat requirements of special-status and non-special-status biological resources, as well as the following
resources:
• Google Earth Pro historic aerial imagery (1985-2020);
• United States Department of Agriculture (USDA) Natural Resource Conservation Service (NRCS),
Soil Survey2
• USFWS Critical Habitat designations for Threatened and Endangered Species;
• USFWS Endangered Species Profiles; and
• USFWS National Wetlands Inventory.
The literature review provided a baseline from which to inventory the biological resources potentially
occurring within the project site. The CNDDB database was used, in conjunction with ArcGIS software, to
locate the nearest recorded occurrences of special-status species and determine the distance from the project
site.
2 A soil series is defined as a group of soils with similar profiles developed from similar parent materials under comparable climatic and vegetation conditions. These profiles include major horizons with similar thickness, arrangement, and other important characteristics, which may promote favorable conditions for certain biological resources.
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Habitat Assessment/Field Investigation
Following the literature review, biologist Jacob H. Lloyd Davies inventoried and evaluated the condition
of the habitat within the project site on June 3, 2021. Plant communities and land cover types identified on
aerial photographs during the literature review were verified by walking meandering transects throughout
the project site. In addition, aerial photography was reviewed prior to the site investigation to locate
potential natural corridors and linkages that may support the movement of wildlife through the area. These
areas identified on aerial photography were then walked during the field investigation.
All plant and wildlife species observed, as well as dominant plant species within each plant community,
were recorded. Plant species observed during the field investigation were identified by visual characteristics
and morphology in the field. Unusual and less familiar plant species were photographed during the field
investigation and identified in the laboratory using taxonomical guides. Wildlife detections were made
through observation of scat, trails, tracks, burrows, nests, and/or visual and aural observation. In addition,
site characteristics such as soil condition, topography, hydrology, anthropogenic disturbances, indicator
species, condition of on-site plant communities and land cover types, and presence of potential
jurisdictional drainage and/or wetland features were noted.
Soil Series Assessment
On-site and adjoining soils were researched prior to the field investigation using the USDA NRCS Soil
Survey for San Bernardino County, California. In addition, a review of the local geological conditions and
historical aerial photographs was conducted to assess the ecological changes that the project site have
undergone.
Plant Communities
Plant communities were mapped using 7.5-minute USGS topographic base maps and aerial photography.
The plant communities were classified in accordance with Sawyer, Keeler-Wolf and Evens (2009),
delineated on an aerial photograph, and then digitized into GIS Arcview. The Arcview application was used
to compute the area of each plant community and/or land cover type in acres.
Plants
Common plant species observed during the field investigation were identified by visual characteristics and
morphology in the field and recorded in a field notebook. Unusual and less familiar plants were
photographed in the field and identified in the office using taxonomic guides. Taxonomic nomenclature
used in this study follows the 2012 Jepson Manual (Hickman 2012). In this report, scientific names are
provided immediately following common names of plant species (first reference only).
Wildlife
Wildlife species detected during the field investigation by sight, calls, tracks, scat, or other sign were
recorded during surveys in a field notebook. Field guides were used to assist with identification of wildlife
species during the survey included The Sibley Field Guide to the Birds of Western North America (Sibley
2003), A Field Guide to Western Reptiles and Amphibians (Stebbins 2003), and A Field Guide to Mammals
of North America (Reid 2006). Although common names of wildlife species are well standardized,
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Ventana Specific Plan Habitat Assessment
scientific names are provided immediately following common names in this report (first reference only).
Jurisdictional Drainages and Wetlands
Aerial photography was reviewed prior to conducting a field investigation in order to locate and inspect
any potential natural drainage features, ponded areas, or water bodies that may fall under the jurisdiction
of the United States Army Corps of Engineers (Corps), Regional Water Quality Control Board (Regional
Board), or CDFW. In general, surface drainage features indicated as blue-line streams on USGS maps that
are observed or expected to exhibit evidence of flow are considered potential riparian/riverine habitat and
are also subject to state and federal regulatory jurisdiction. In addition, ELMT reviewed jurisdictional
waters information through examining historical aerial photographs to gain an understanding of the impact
of land-use on natural drainage patterns in the area. The USFWS National Wetland Inventory (NWI) and
Environmental Protection Agency (EPA) Water Program “My Waters” data layers were also reviewed to
determine whether any hydrologic features and wetland areas have been documented on or within the
vicinity of the project site.
Topography and Soils
The project site is relatively flat with minimal topographic relief, with the exception of a small hill in the
northeast corner of the southern portion that was formed by soils stockpiling, and ranges in elevation from
approximately 1,675 to 1,840 feet above mean sea level. Generally, the project site slopes from northeast
to southwest. Based on the NRCS USDA Web Soil Survey, the project site is underlain by the following
soil units: Hanford coarse sandy loam (2 to 9 percent slopes) and Tujunga gravelly loamy sand (0 to 9
percent slopes). Refer to Exhibit 4, Soils in Attachment A. Soils on-site have been mechanically disturbed
and heavily compacted from historic land uses (i.e., historic agricultural activities, grading, illegal dumping,
soils stockpiling, and weed abatement activities).
Existing Site Conditions
The project site occurs in an area that is undergoing a conversion from natural habitats into residential,
commercial, and institutional land uses in the northern portion of the City of Fontana east of Interstate 15
and north of State Route 210. Immediate land uses surrounding the site include a Southern California Edison
utility easement and undeveloped, vacant land to the south and paved roads and highways to the west, north,
and east. Beyond these land uses, the site is further surrounded by undeveloped, vacant land to the north;
undeveloped, vacant land and residential development to the east and south, and undeveloped, vacant land
residential development, and a sports park to the west.
Prior to conducting the field investigation, ELMT reviewed current and historical aerial photographs (1985-
2020) of the project site as available from Google Earth Pro Imaging (Version 7.3.4.8248). Per the review
of aerial photographs, the project site appears to consist primarily of vacant/undeveloped land and disturbed
areas that have been subject to various anthropogenic disturbances. The site has remained virtually
unchanged since 2009, when various structures associated with historic agricultural activities were removed
from the northwest corner of the southern portion.
Vegetation
Due to existing land uses, no native plant communities of special concern were observed on or adjacent to
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Ventana Specific Plan Habitat Assessment
the project site. The project site consists of vacant, undeveloped land that have been subject to a variety of
anthropogenic disturbances. The project site has been subject to disturbances associated with surrounding
development and routine weed abatement activities. These disturbances have eliminated and/or greatly
disturbed the natural plant communities that historically occurred within the immediate vicinity of the
project site. Refer to Attachment B, Site Photographs, for representative site photographs. No native plant
communities will be impacted from implementation of the proposed project.
The projects site supports two (2) vegetation communities: non-native grassland and eucalyptus row. In
addition, the site also supports two (2) land cover types that would be classified as disturbed and developed.
Early successional/ruderal and non-native weedy plant species compose a majority of the project site as a
result of routine weed abatement activities.
The non-native grassland community occurs throughout the project site. This community is dominated by
non-native grasses, including slender wild oat (Avena barbata), ripgut brome (Bromus diandrus), and
cheatgrass (Bromus tectorum). Other plant species observed in this community include telegraph weed
(Heterotheca grandiflora), western ragweed (Ambrosia psilostachya), doveweed (Croton setigerus), rod
wire lettuce (Stephanomeria virgata), Mediterranean mustard (Hirschfeldia incana), red-stemmed filaree
(Erodium cicutarum), Russian thistle (Salsola tragus), jimsonweed (Datura wrightii), common sunflower
(Helianthus annuus), flax-leaved horseweed (Erigeron bonariensis), Pomona milkvetch (Astragalus
pomonensis), and lambs quarters (Chenopodium album). Several eucalyptus (Eucalyptus sp.) rows are
present, remnant from historic agricultural activities, on the northeast portion of the project site.
Disturbed land refers to unpaved or dirt areas that are routinely exposed to continuous anthropogenic
disturbances and typically do not comprise a plant community. Surface soils within these areas are generally
devoid of vegetation or support primarily non-native and ruderal/weedy plant species and have been heavily
disturbed/compacted from anthropogenic disturbances. Some disturbed areas on-site also support small,
isolated populations California buckwheat (Eriogonum fasciculatum), California sagebrush (Artemisia
californica), castor (Ricinus communis), and mulefat (Baccharis salicifolia). Disturbed areas encompass
site boundaries that occur adjacent to roads, the southwest corner of the northern portion of the site, a dirt
access road, and a large area in the southern portion of the site that formerly supported fill dirt stockpiles
associated with surrounding development. During the field investigation, this area supported truck/trailer
parking and swathes of debris dumping.
Developed land refers to paved or otherwise impermeable land. Developed land on-site includes paved
sidewalks along adjacent roads, and access roads in the western portion of the site. These areas are generally
devoid of vegetation.
Wildlife
Plant communities provide foraging habitat, nesting/denning site, and shelter from adverse weather or
predation. This section provides a discussion of those wildlife species that were observed or are expected
to occur within the project site. The discussion is to be used a general reference and is limited by the season,
time of day, and weather conditions in which the field investigation was conducted. Wildlife detections
were based on calls, songs, scat, tracks, burrows, and direct observation. The project site provide limited
habitat for wildlife species except those adapted to a high degree of anthropogenic disturbances and
development.
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Fish
No fish or hydrogeomorphic features (e.g., perennial creeks, ponds, lakes, reservoirs) that would provide
suitable habitat for fish were observed on or within the vicinity of the project site. Therefore, no fish are
expected to occur and are presumed absent from the project site.
Amphibians
No amphibians or hydrogeomorphic features (e.g., perennial creeks, ponds, lakes, reservoirs) that would
provide suitable habitat for amphibian species were observed on or within the vicinity of the project site.
Therefore, no amphibians are expected to occur on the project site and are presumed absent.
Reptiles
The project site provides marginal foraging and cover habitat for reptilian species adapted to a high degree
of human disturbance. The only reptilian species observed during the field investigation was Great Basin
fence lizard (Sceloporus occidentalis longipes). Common reptilian species adapted to a high degree of
anthropogenic disturbance that may be expected to occur on-site include alligator lizard (Elgaria
multicarinata) and western fence lizard (Sceloporus occidentalis). and gopher snake (Pituophis catenifer
annectens). Due to the high level of anthropogenic disturbances on-site and surrounding development, no
special-status reptilian species are expected to occur within project site.
Birds
The project site provides foraging habitat for bird species adapted to a high degree of human disturbance.
Bird species detected during the field investigation included house finch (Haemorhous mexicanus),
American crow (Corvus brachyrhynchos), mourning dove (Zenaida macroura), western meadowlark
(Sturnella neglecta), red-tailed hawk (Buteo jamaicensis), and peregrine falcon (Falco peregrinus).
Mammals
The project site provides marginal habitat to mammalian species adapted to a high degree of anthropogenic
disturbance. Mammalian species detected during the field investigation were pocket gopher (Thomomys
sp.), and California ground squirrel (Otospermophilus beecheyi). Common mammalian species that could
be expected to occur within the project site include desert cottontail (Sylvilagus audubonii), opossum
(Didelphis virginiana), and coyote (Canis latrans).
Nesting Birds
No active nests or birds displaying nesting behavior were observed during the field survey, which was
conducted during breeding season. Although subjected to routine disturbance, the ornamental vegetation
found on-site has the potential to provide suitable nesting habitat for year-round and seasonal avian
residents, as well as migrating songbirds that could occur in the area that area adapted to urban
environments. (Charadrius vociferans). No raptors are expected to nest on-site due to lack of suitable
nesting opportunities.
Nesting birds are protected pursuant to the Migratory Bird Treaty Act (MBTA) and California Fish and
Game Code (Sections 3503, 3503.5, 3511, and 3513 prohibit the take, possession, or destruction of birds,
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their nests or eggs). If construction occurs between February 1st and August 31st, a pre-construction
clearance survey for nesting birds should be conducted within three (3) days of the start of any vegetation
removal or ground disturbing activities to ensure that no nesting birds will be disturbed during construction.
Migratory Corridors and Linkages
Habitat linkages provide connections between larger habitat areas that are separated by development.
Wildlife corridors are similar to linkages but provide specific opportunities for animals to disperse or
migrate between areas. A corridor can be defined as a linear landscape feature of sufficient width to allow
animal movement between two comparatively undisturbed habitat fragments. Adequate cover is essential
for a corridor to function as a wildlife movement area. It is possible for a habitat corridor to be adequate for
one species yet still inadequate for others. Wildlife corridors are features that allow for the dispersal,
seasonal migration, breeding, and foraging of a variety of wildlife species. Additionally, open space can
provide a buffer against both human disturbance and natural fluctuations in resources.
According to the San Bernardino County General Plan, the project site has not been identified as occurring
within a Wildlife Corridor or Linkage. As designated by the San Bernardino County General Plan Open
Space Element, major open space areas documented in the vicinity of the project site include Lytle Creek,
located approximately 1.5 miles to the northeast, and is separated from the project site by existing
development.
The proposed project will be confined to existing disturbed areas and is surrounded by development and
disturbed areas which have removed natural plant communities from the surrounding area. The project site
is isolated from regional wildlife corridors and linkages and there are no riparian corridors, creeks, or useful
patches of steppingstone habitat (natural areas) within or connecting the project site to any identified
wildlife corridors or linkages. As a result, implementation of the proposed project will not disrupt or have
any adverse effects on any migratory corridors or linkages in the surrounding area.
Jurisdictional Areas
There are three key agencies that regulate activities within inland streams, wetlands, and riparian areas in
California. The Corps Regulatory Branch regulates discharge of dredge or fill materials into “waters of the
United States” pursuant to Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and
Harbors Act. Of the State agencies, the CDFW regulates alterations to streambed and bank under Fish and
Wildlife Code Sections 1600 et seq., and the Regional Board regulates discharges into surface waters
pursuant to Section 401 of the CWA and the California Porter-Cologne Water Quality Control Act.
The project site has been effectively cut off from the historic fluvial flow patterns and scouring regimes of
Lytle Creek and flows exiting out of the San Gabriel Mountains due to the construction of the Interstate 15
freeway, and developments north of the project site which have disrupted the natural flood regime within
the area, resulting in poor quality habitats onsite.
The project site does not support any discernible drainage courses, inundated areas, wetland features, or
hydric soils that would be considered jurisdictional by the Corps, Regional Board, or CDFW. Therefore,
project activities will not result in impacts to Corps, Regional Board, or CDFW jurisdictional areas and
regulatory approvals will not be required.
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Special-Status Biological Resources
The CNDDB Rarefind 5 and the CNPS Electronic Inventory of Rare and Endangered Vascular Plants of
California were queried for reported locations of special-status plant and wildlife species as well as special-
status natural plant communities in the Devore USGS 7.5-minute quadrangle. The habitat assessment
evaluated the conditions of the habitat(s) within the boundaries of the project site to determine if the existing
plant communities, at the time of the survey, have the potential to provide suitable habitat(s) for special-
status plant and wildlife species. Only one quadrangle was searched since the project site are located near
the middle of the quadrangle and is surrounding be existing development.
The literature search identified twenty (20) special-status plant species, forty-three (43) special-status
wildlife species, and three (3) special-status plant communities as having potential to occur within the
Devore USGS 7.5-minute quadrangle. Special-status plant and wildlife species were evaluated for their
potential to occur within the project site based on habitat requirements, availability and quality of suitable
habitat, and known distributions. Species determined to have the potential to occur within the general
vicinity of the project site are presented in Table C-1: Potentially Occurring Special-Status Biological
Resources, provided in Attachment C.
Special-Status Plants
According to the CNDDB and CNPS, twenty (20) special-status plant species have been recorded in the
Devore quadrangle (refer to Attachment C). No special-status plant species were observed onsite during
the habitat assessment. The project site consists of vacant, undeveloped land that has been subject to a
variety of anthropogenic disturbances from historic agricultural activities, surrounding development and
routine weed abatement activities. These disturbances have eliminated the natural plant communities that
once occurred onsite which has removed the ability of the habitat on the project site to provide suitable
habitat for special-status plant species known to occur in the general vicinity.
Based on habitat requirements for specific special-status plant species and the availability and quality of
habitats needed by each species, it was determined that the project site does not provide suitable habitat for
any of the special-status plant species known to occur in the area and they are presumed to be absent. No
focused surveys are recommended.
Special-Status Wildlife
According to the CNDDB, forty-three (43) special-status wildlife species have been reported in the Devore
quadrangle (refer to Attachment C). No special-status wildlife species were observed onsite during the
habitat assessment. The project site consists of vacant, undeveloped land that has been subject to a variety
of anthropogenic disturbances from historic agricultural activities, surrounding development, and routine
weed abatement activities. These disturbances have eliminated the natural plant communities that once
occurred onsite which has reduced potential foraging and nesting/denning opportunities for wildlife species.
Based on habitat requirements for specific species and the availability and quality of onsite habitats, it was
determined that the proposed project site has a high potential to provide suitable habitat for Cooper’s hawk
(Accipiter cooperii) and California horned lark (Eremophila alpestric actia); and a low potential to provide
suitable habitat for great egret (Ardea alba), burrowing owl, northern harrier (Circus hudsonius), and prairie
falcon (Falco mexicanus). Further it was determined that the project site does not provide suitable habitat
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for any of the other special-status wildlife species known to occur in the area since the project site have
been heavily disturbed from onsite disturbances and surrounding development.
None of the aforementioned species are federally or state listed as endangered or threatened. In order to
ensure impacts to the aforementioned species do not occur from implementation of the proposed project, a
pre-construction nesting bird clearance survey shall be conducted prior to ground disturbance. With
implementation of the pre-construction nesting bird clearance survey, impacts to the aforementioned
species will be less than significant and no mitigation will be required.
Based on regional significance, the potential occurrence of burrowing owl and San Bernardino kangaroo
rat within the project site is described in further detail below.
Burrowing Owl
The burrowing owl is currently listed as a California Species of Special Concern. It is a grassland specialist
distributed throughout western North America where it occupies open areas with short vegetation and bare
ground within shrub, desert, and grassland environments. Burrowing owls use a wide variety of arid and
semi-arid environments with well-drained, level to gently-sloping areas characterized by sparse vegetation
and bare ground (Haug and Didiuk 1993; Dechant et al. 1999). Burrowing owls are dependent upon the
presence of burrowing mammals (such as ground squirrels) whose burrows are used for roosting and nesting
(Haug and Didiuk 1993). The presence or absence of colonial mammal burrows is often a major factor that
limits the presence or absence of burrowing owls. Where mammal burrows are scarce, burrowing owls have
been found occupying man-made cavities, such as buried and non-functioning drainpipes, stand-pipes, and
dry culverts. Burrowing mammals may burrow beneath rocks and debris or large, heavy objects such as
abandoned cars, concrete blocks, or concrete pads. They also require open vegetation allowing line-of-sight
observation of the surrounding habitat to forage as well as watch for predators.
No burrowing owls or recent sign (i.e., pellets, feathers, castings, or whitewash) were observed during the
field investigation. The project site is unvegetated and/or vegetated with a variety of low-growing plant
species that allow for line-of-sight observation favored by burrowing owls. In addition, several suitable
burrows (>4 inches in diameter) capable of providing roosting and nesting opportunities were observed
among dirt spoils piles in the northwest corner of the southern portion of the site. However, the site supports
and is surrounded by tall trees and electrical poles and towers, which decrease the likelihood that burrowing
owls would occur on the project site as these features provide perching opportunities for larger raptor
species (i.e., red-tailed hawk [Buteo jamaicensis]) that prey on burrowing owls.
Based on the results of the field investigation, it was determined that the project site has a low potential to
support burrowing owl. A pre-construction burrowing owl clearance survey is recommended to be
conducted prior to development to ensure burrowing owl remain absent from the project site.
San Bernardino Kangaroo Rat
The San Bernardino kangaroo rat, federally listed as endangered, is one of several kangaroo rat species in
its range. The Dulzura, the Pacific kangaroo rat (Dipodomys agilis) and the Stephens kangaroo rat
(Dipodomys stephensi) occur in areas occupied by the San Bernardino kangaroo rat, but these other species
have a wider habitat range. The habitat of the San Bernardino kangaroo rat is described as being confined
to pioneer and intermediate Riversidean Alluvial Fan Sage Scrub (RAFSS) habitats, with sandy soils
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deposited by fluvial (water) rather than Aeolian (wind) processes. Burrows are dug in loose soil, usually
near or beneath shrubs.
The San Bernardino kangaroo rat is one of three subspecies of the Merriam’s kangaroo rat. The Merriam’s
kangaroo rat is a widespread species that can be found from the inland valleys to the deserts. The subspecies
known as the San Bernardino kangaroo, however, is confined to inland valley scrub communities, and more
particularly, to scrub communities occurring along rivers, streams and drainages. Most of the drainages
have been historically altered as a result of flood control efforts and the resulting increased use of river
resources, including mining, off-road vehicle use and road and housing development. This increased use of
river resources has resulted in a reduction in both the amount and quality of habitat available for the San
Bernardino kangaroo rat. The past habitat losses and potential future losses prompted the emergency listing
of the San Bernardino kangaroo rat as an endangered species (USFWS, 1998a). PCE’s are physical or
biological features essential to the conservation of a species for which its designated critical habitat is based
on. Examples of PCE’s include food, water, space for individual and population growth, cover or shelter,
etc. The PCEs essential to support the biological needs of foraging, reproducing, rearing of young, intra-
specific communication, dispersal, genetic exchange, or sheltering for San Bernardino kangaroo rat are:
1. River, creek, stream, and wash channels; alluvial fans, flood plains, flood benches and terraces; and
historic braided channels that are subject to dynamic geomorphological and hydrological processes;
2. Alluvial sage scrub and associated vegetation such as coastal sage scrub and chamise chaparral
with a moderately open canopy;
3. Soil series consisting of sand, sandy loam, or loam within its geographical range; and
4. Upland areas proximal to flood plains containing suitable habitat (land adjacent to alluvial fan that
provides Refugia).
San Bernardino kangaroo rat is known to occur within Lytle Creek. The project site consists of vacant,
heavily disturbed land with compacted soils that have been disturbed from previous land uses. Field sign
for kangaroo rat, including San Bernardino kangaroo rat, is distinctive and readily noted in the field. No
sign (e.g., San Bernardino kangaroo rat characteristic burrows, dusting baths, and/or tail drags) were
observed on the project site. Additionally, the project site no longer is subject to the hydrologic influence
of Lytle Creek due to the channelization of Lytle Creek and San Sevaine Creek for flood control purposes.
As noted above, the project site and surrounding areas have not been exposed to fluvial processes associated
with Lytle Creek since the mid-1950s when the Interstate-15 Freeway was constructed, and the upper
reaches of Lytle Creek were channelized. Sheet flooding during storm events is needed to scour pioneer
and intermediate RAFSS habitats that historically occupied in the area. Scouring maintains the openness
needed by San Bernardino kangaroo rat, less than 50% cover, and deposits sandy soils needed by San
Bernardino kangaroo rat for burrowing. Over the last 65 to 70 years, the RAFSS habitat that once occupied
this area in North Fontana has matured or senesced to mature RAFSS communities that have subsequently
type converted into an Adenostoma fasciculatum alliance. The project site consists of vacant, undeveloped
land that has been subject to a variety of anthropogenic disturbances from historic agricultural activities,
surrounding development, and routine weed abatement activities. Currently the project site supports a non-
native grassland plant community with disturbed and developed areas. No RAFSS habitats occur onsite.
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The project site is not subject to dynamic geomorphological and hydrological processes needed to scour
and reset the onsite habitats back to pioneer or intermediate RAFSS habitats. Further, the project site no
longer receives sand or sandy loam soils from scouring events needed by San Bernardino kangaroo rat for
burrowing. Instead, the site supports compact and rocky soils.
Based on these conditions, it was determined that the project site does not provide the requisite habitat
elements needed by San Bernardino kangaroo rat to be present. Therefore, it was determined that San
Bernardino kangaroo rat is presumed absent from the project site. No focused surveys are recommended.
Special-Status Plant Communities
According to the CNDDB, three (3) special-status plant communities have been reported in the Devore
USGS 7.5-minute quadrangle: Riversidean Alluvial Fan Sage Scrub, southern riparian forest, and Southern
Sycamore Alder Riparian Woodland. Based on the results of the field investigation, no special-status plant
communities were observed onsite. Therefore, no special-status plant communities will be impacted by
project implementation.
Critical Habitat
Under the federal Endangered Species Act, “Critical Habitat” is designated at the time of listing of a species
or within one year of listing. Critical Habitat refers to specific areas within the geographical range of a
species at the time it is listed that include the physical or biological features that are essential to the survival
and eventual recovery of that species. Maintenance of these physical and biological features requires special
management considerations or protection, regardless of whether individuals or the species are present or
not. All federal agencies are required to consult with the United States Fish and Wildlife Service (USFWS)
regarding activities they authorize, fund, or permit which may affect a federally listed species or its
designated Critical Habitat. The purpose of the consultation is to ensure that projects will not jeopardize
the continued existence of the listed species or adversely modify or destroy its designated Critical Habitat.
The designation of Critical Habitat does not affect private landowners, unless a project they are proposing
is on federal lands, uses federal funds, or requires federal authorization or permits (e.g., funding from the
Federal Highways Administration or a CWA Permit from the Corps). If a there is a federal nexus, then the
federal agency that is responsible for providing the funding or permit would consult with the USFWS.
In 2002 the USFWS designated Critical Habitat for San Bernardino kangaroo rat, and the project site was
included within the designated area. Subsequently, in 2008 the USFWS reduced the boundaries of their
previously designated Critical Habitat which removed the project site from designation. The lack of the
needed habitat features within the project site, as well as in north Fontana, prompted USFWS to remove
the Critical Habitat designation in this area. Finally, at the beginning of 2011 the original (2002) designated
Critical Habitat was reinstated by a federal district court ruling which overturned the reduced (2008)
designated Critical Habitat. Currently the project site is located within designated Critical Habitat Unit 2,
Lytle Creek/Cajon Wash. Refer to Exhibit 6, Critical Habitat in Attachment A. However, since the project
does not have a federal nexus, a Section 7 consultation with the USFWS would not be required for loss or
adverse modification of Critical Habitat. If a federal nexus does occur, a Section 7 Consultation will have
to be initiated with USFWS.
June 30, 2021 Page 12
Ventana Specific Plan Habitat Assessment
North Fontana Conservation Program
The North Fontana Conservation Program (previously referred to as the North Fontana Interim Multiple
Species Habitat Conservation Plan) was prepared to address lands in north Fontana and the listed and
special-status species that have the potential to occur on these lands. To adequately mitigate for the loss of
sensitive habitats, as required by the California Environmental Quality Act (CEQA), a tiered development
mitigation fee was created for new development in north Fontana. The mitigation fee is based on the quality
of the habitat on the development site and a site’s potential to support SBKR, coastal California gnatcatcher,
or other special-status species occurring in the vicinity. The mitigation fee is charged for each acre of land
proposed for development based on the habitat quality rating.
The North Fontana Conservation Program mitigation fee areas (habitat quality ratings) were overlain over
the project site boundaries in ArcGIS in order to calculate the acreage of impacts to the various habitat
qualities occurring on the project site. From this, the mitigation fee for the proposed projects were
calculated. Based on the North Fontana Conservation Program,
The project site is located within one (1) habitat quality (or mitigation fee types): “Unsuitable Habitat”
(refer to Exhibit 7, North Fontana Conservation Program Fee Map in Attachment A). Approximately 91.82
acres of “Unsuitable Habitat” were identified within the project site that would be developed. “Unsuitable
Habitat” is mitigation in the North Fontana Conservation Program at a cost of $1,035.00 per acre totaling
an estimated $95,033.70 of mitigation costs for the loss of “Unsuitable Habitat” within the project site.
Refer to Table 1 below:
Table 1: Habitat Qualities and Mitigation Fees
Habitat Qualities Mitigation Fee (per acre) Unsuitable Habitat within Project Boundary Total Mitigation Fee
Unsuitable Habitat $1,035.00 91.82 $95,033.70
TOTALS 91.82 $95,033.70
City of Fontana Tree Ordinance
Chapter 28.61-.75 of the Fontana Municipal Code (or Code) addresses tree protection, maintenance, and
replacement policies. It outlines the definition of a “heritage tree”, “significant tree”, and “specimen tree”
and the procedures necessary to replacing them within a property. As stated in the City’s Code, “Except as
provided in section 28-65, no person shall remove or cause the removal of any heritage, significant or
specimen tree unless a tree removal permit is first obtained.”
Heritage tree means any tree which:
1. Is of historical value because of its association with a place, building, natural feature or event of
local, regional or national historical significance as identified by city council resolution; or
2. Is representative of a significant period of the city's growth or development (windrow tree,
European Olive tree); or
3. Is a protected or endangered species as specified by federal or state statute; or
4. Is deemed historically or culturally significant by the city manager or his or her designee because
of size, condition, location or aesthetic qualities.
June 30, 2021 Page 13
Ventana Specific Plan Habitat Assessment
Windrow means a series of trees (minimum of four), usually a variety of eucalyptus, planted in a closely
spaced line no more than ten feet apart to provide a windbreak for the protection of property and/or
agricultural crops.
Significant tree means any tree that is one of the following species:
Genus/species Common name
• Southern California black walnut (Juglans californica)
• Coast live oak (Quercus agrifollia)
• Deodora cedar (Cedrus deodora)
• California (western) sycamore (Platanus racemose)
• London plane (Platanus acerifolia)
Specimen tree is defined as a mature tree (which is not a heritage or significant tree) which is an excellent
example of its species in structure and aesthetics and warrants preservation, relocation or replacement as
provided in sections 28.66, 28.67 and 28.68. Specimen trees shall not include any tree located on a private
parcel of property of less than one acre zoned for residential use.
Tree Survey Results
A total of 154 trees were identified on the project site during the tree inventory within the windrows on the
northeastern boundary of the project site, all composed of a single distinct species river gum (Eucalyptus
camaldulensis). No trees onsite were native to California. Due to the poor maintenance and landscaping,
only 66 (43%) of the trees onsite are in fair to good health and can be preserved. However, 121 of the 154
trees (79%) onsite were arranged within existing windrows qualifying them as Heritage Trees under the
City of Fontana Tree Ordinance. No other trees onsite have any other special designations. A tree removal
permit will need to be acquired from the City to remove these trees from the project site.
Conclusion
Based literature review and field survey, and existing site conditions discussed in this report,
implementation of the project will have no significant impacts on federally or State listed species known to
occur in the general vicinity of the project site. Additionally, the project will have no effect on designated
Critical Habitat or regional wildlife corridors/linkage because none exists within the area. No jurisdictional
drainage and/or wetland features were observed on the project site during the field investigation. No further
surveys are recommended. With completion of the recommendations provided below, no impacts to year-
round, seasonal, or special-status avian residents or special-status species will occur from implementation
of the proposed project.
Recommendations
Migratory Bird Treaty Act and Fish and Game Code
Nesting birds are protected pursuant to the Migratory Bird Treaty Act (MBTA) and California Fish and
Game Code (Sections 3503, 3503.5, 3511, and 3513 of the California Fish and Game Code prohibit the
take, possession, or destruction of birds, their nests or eggs). In order to protect migratory bird species, a
June 30, 2021 Page 14
Ventana Specific Plan Habitat Assessment
nesting bird clearance survey shall be conducted prior to any ground disturbance or vegetation removal
activities that may disrupt the birds during the nesting season.
BIO-1: All construction activities shall comply with the federal Migratory Bird Treaty Act of 1918
(MBTA) and California Fish and Game Code Sections 3503, 3511 and 3513. The MBTA governs the
taking and killing of migratory birds, their eggs, parts, and nests and prohibits the take of any migratory
bird, their eggs, parts, and nests. Compliance with the MBTA shall be accomplished by completing the
following:
Construction activities involving vegetation removal shall be conducted between September 1 and
January 31. If construction occurs inside the peak nesting season (between February 1 and August
31), a pre-construction survey by a qualified Biologist shall be conducted within 72 hours prior to
construction activities to identify any active nesting locations. If the Biologist does not find any
active nests, the construction work shall be allowed to proceed. The biologist conducting the
clearance survey shall document a negative survey with a report indicating that no impacts to active
avian nests shall occur.
If the Biologist finds an active nest within the pre-construction survey area and determines that the
nest may be impacted, the Biologist shall delineate an appropriate buffer zone around the nest. The
size of the buffer shall be determined by the Biologist and shall be based on the nesting species, its
sensitivity to disturbance, expected types of disturbance, and location in relation to the construction
activities. These buffers are typically 300 feet from the nests of non-listed species and 500 feet
from the nests of raptors and listed species. Any active nests observed during the survey shall be
mapped on an aerial photograph. Only construction activities (if any) that have been approved by
a Biological Monitor shall take place within the buffer zone until the nest is vacated. The Biologist
shall serve as a Construction Monitor when construction activities take place near active nest areas
to ensure that no inadvertent impacts on these nests occur. Results of the pre-construction survey
and any subsequent monitoring shall be provided to the Property Owner/Developer and the City.
The monitoring report shall summarize the results of the nest monitoring, describe construction
restrictions currently in place, and confirm that construction activities can proceed within the buffer
area without jeopardizing the survival of the young birds.
BIO-2: Pre-Construction Burrowing Owl Clearance Survey. A burrowing owl pre-construction
clearance survey shall be conducted prior to any ground disturbance or vegetation removal
activities to ensure that burrowing owls remain absent from the project site. In accordance with the
CDFW’s Staff Report on Burrowing Owl Mitigation (CDFW 2012), two (2) pre-construction
clearance surveys shall be conducted 14 – 30 days and 24 hours prior to any ground disturbance or
vegetation removal activities.
City of Fontana Municipal Code 28.61-.75
A total of 121 trees were identified on the project site during the tree inventory that meet the minimum
requirements for inclusion as a heritage tree. A tree removal permit will need to be acquired from the City
for any heritage trees removed as part of the proposed project.
June 30, 2021 Page 15
Ventana Specific Plan Habitat Assessment
Please do not hesitate to contact Tom McGill at (951) 285-6014 or tmcgill@elmtconsulting.com or Travis
McGill at (909) 816-1646 or travismcgill@elmtconsulting.com should you have any questions regarding
this proposal.
Sincerely,
Thomas J. McGill, Ph.D. Travis J. McGill
Managing Director Director
Attachments:
A. Project Exhibits
B. Site Photographs
C. Potentially Occurring Special-Status Biological Resources
D. Regulations
Attachment A
Project Exhibits
^_
SAN BERNARDINO
RIVERSIDE
LOS ANGELES
ORANGE
Regional Vicinity
VENTANA SPECIFIC PLANHABITAT ASSESSMENT
Exhibit 1
O
Source: World Street Map, San Bernardino County
0 5 102.5
Miles
PROJECTLOCATION
^_
PROJECTLOCATION
Site Vicinity
VENTANA SPECIFIC PLANHABITAT ASSESSMENT
Exhibit 2
O
Source: USA Topographic Map, San Bernardino County
0 2,000 4,0001,000
Feet
Legend
Project Site
Project Site
VENTANA SPECIFIC PLANHABITAT ASSESSMENT
Exhibit 3
O
Source: ESRI Aerial Imagery, San Bernardino County
0 1,000 2,000500
Feet
Legend
Project Site
TvC
HaC
Soils
VENTANA SPECIFIC PLANHABITAT ASSESSMENT
Exhibit 4
O
Source: ESRI Aerial Imagery, Soil Survey Geographic Database, San Bernardino County
0 1,000 2,000500
Feet
Legend
Project Site
Hanford coarse sandy loam, 2 to 9 percent slopes (HaC)
Tujunga gravelly loamy sand, 0 to 9 percent slopes (TvC)
Vegetation
VENTANA SPECIFIC PLANHABITAT ASSESSMENT
Exhibit 5
O
Source: ESRI Aerial Imagery, San Bernardino County
0 1,000 2,000500
Feet
Legend
Project Site
Non-Native Grassland
Eucalyputs Row
Disturbed
Developed
Critical Habitat
VENTANA SPECIFIC PLANHABITAT ASSESSMENT
Exhibit 6
O
Source: ESRI Aerial Imagery, USFWS Critical Habitat, San Bernardino County
0 1 20.5
Miles
Legend
Project Site
San Bernardino Merriam's kangaroo rat
North Fontana Conservation Program Fee Map
VENTANA SPECIFIC PLANHABITAT ASSESSMENT
Exhibit 7
O
Source: ESRI Aerial Imagery, San Bernardino County
0 500 1,000250
Feet
Legend
Project Site
Unsuitable Habitat
(91.82 Acres at $1,035 Per Acre = $95,033.70)
Attachment B
Site Photographs
Attachment B – Site Photographs
Ventana Specific Plan Habitat Assessment
Photograph 1: From the northeast corner of the northern portion of the project site looking southwest
along the western boundary.
Photograph 2: From the northeast corner of the northern portion of the project site looking south along the
eastern boundary.
Attachment B – Site Photographs
Ventana Specific Plan Habitat Assessment
Photograph 3: From the southeast corner of the northern portion of the project site looking north along
the eastern boundary.
Photograph 4: From the southeast corner of the northern portion of the project site looking west along
the southern boundary.
Attachment B – Site Photographs
Ventana Specific Plan Habitat Assessment
Photograph 5: From the southwest corner of the northern portion of the project site looking east along the
southern boundary.
Photograph 6: From the southwest corner of the northern portion of the project site looking north along
the eastern boundary.
Attachment B – Site Photographs
Ventana Specific Plan Habitat Assessment
Photograph 7: From the northeast corner of the southern portion of the project site looking west along
the northern boundary.
Photograph 8: From the northeast corner of the southern portion of the project site looking south along
the eastern boundary.
Attachment B – Site Photographs
Ventana Specific Plan Habitat Assessment
Photograph 9: From the southeast corner of the southern portion of the project site looking north.
Photograph 10: From the southeast corner of the southern portion of the project site looking west along
the southern boundary.
Attachment B – Site Photographs
Ventana Specific Plan Habitat Assessment
Photograph 11: From the southwest corner of the southern portion of the project site looking northeast.
Photograph 12: From the middle of the eastern boundary of the southern portion of the project site
looking northeast.
Attachment B – Site Photographs
Ventana Specific Plan Habitat Assessment
Photograph 13: Heavily disturbed land in the southern portion of the project site.
Photograph 14: Looking west towards the western half of the southern portion of the project site.
Attachment C
Potentially Occurring Special-Status Biological Resources
Attachment C – Potentially Occurring Special-Status Biological Resources
Ventana Specific Plan Habitat Assessment
Table C-1: Potentially Occurring Special-Status Biological Resources
Scientific Name Common Name Status Habitat Observed On-site Potential to Occur
SPECIAL-STATUS WILDLIFE SPECIES
Accipiter cooperii
Cooper’s hawk
Fed:
CA:
None
WL
Generally found in forested areas up to 3,000 feet in elevation, especially near edges and rivers. Prefers hardwood stands and mature forests but can be found in urban and suburban areas where there are tall trees for nesting. Common in open areas during nesting season.
No
High. There is suitable foraging habitat throughout the site. The eucalyptus trees onsite provide suitable nesting opportunities onsite. This species is adapted to urban environments and occurs commonly.
Aimophila ruficeps canescens
southern California rufous-crowned sparrow
Fed: CA: None WL
Typically found between 3,000 and 6,000 feet in elevation. Breed in sparsely vegetated shrublands on hillsides and canyons. Prefers coastal sage scrub dominated by California sagebrush (Artemisia californica) but can also be found breeding in coastal bluff scrub, low-growing serpentine chaparral, and along the edges of tall chaparral habitats.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Anniella stebbinsi southern California legless lizard Fed: CA: None SSC
Occurs primarily in areas with sandy or loose loamy soils under sparse vegetation of beaches, chaparral, or pine-oak woodland; or near sycamores, oaks, or cottonwoods that grow on stream terraces. Often found under or in the close vicinity of logs, rocks, old boards, and the compacted debris of woodrat nests.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Anniella pulchra northern California legless lizard Fed: CA: None SSC
Occurs primarily in areas with sandy or loose loamy soils under sparse vegetation of beaches, chaparral, or pine-oak woodland; or near sycamores, oaks, or cottonwoods that grow on stream terraces. Often found under or in the close vicinity of logs, rocks, old boards, and the compacted debris of woodrat nests.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Aquila chrysaetos
golden eagle
Fed:
CA:
None
FP; WL
Occupies nearly all terrestrial habitats of the western states except densely forested areas. Favors secluded cliffs with overhanging ledges and large trees for nesting and cover. Hilly or mountainous country where takeoff and soaring are supported by updrafts is generally preferred to flat habitats. Deeply cut canyons rising to open mountain slopes and crags are ideal habitat.
No
Low. The project site provides minimal foraging opportunities. No suitable nesting opportunities onsite.
Ardea alba
great egret
Fed:
CA:
None
None
Yearlong resident throughout California, except for the high mountains and deserts. Feeds and rests in fresh, and saline emergent wetlands, along the margins of estuaries, lakes, and slow-moving streams, on mudflats and salt ponds, and in irrigated croplands and pastures.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Ardea herodias great blue heron Fed:
CA:
None
None
Forages along streams, marshes, lakes, and meadows. Nests colonially in tall trees (typically Eucalyptus sp.), on cliffsides, or in isolated spots in marshes. No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Attachment C – Potentially Occurring Special-Status Biological Resources
Ventana Specific Plan Habitat Assessment
Scientific Name Common Name Status Habitat Observed On-site Potential to Occur
Arizona elegans occidentalis California glossy snake Fed: CA: None SSC
Occurs in a wide variety of habitat types including open desert, grasslands, shrublands, chaparral, and woodlands. Prefers areas where the soil is loose and sandy which allows for burrowing.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Artemisiospiza belli belli
Bell's sage sparrow
Fed:
CA:
None
WL
Occurs in chaparral dominated by fairly dense stands of chamise. Also found in coastal sage scrub in south of range. No Presumed absent. No suitable habitat is present within or adjacent
to the project site.
Aspidoscelis tigris stejnegeri coastal whiptail Fed: CA: None SSC
Found in a variety of ecosystems, primarily hot and dry open areas with sparse foliage such as chaparral, woodland, and riparian areas. No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Athene cunicularia burrowing owl Fed: CA: None SSC
Primarily a grassland species, but it persists and even thrives in some landscapes highly altered by human activity. Occurs in open, annual or perennial grasslands, deserts, and scrublands characterized by low-growing vegetation. The overriding characteristics of suitable habitat appear to be burrows for roosting and nesting and relatively short vegetation with only sparse shrubs and taller vegetation.
No
Low. The project site provides line-of-sight opportunities favored by burrowing owls. Suitable burrows (>4 inches in diameter) are present in the northwest corner of the southern portion of the site. However, the site supports and is surrounded by tall trees and electrical towers that provide perching opportunities for predators of burrowing owl.
Batrachoseps gabrieli
San Gabriel slender salamander
Fed:
CA:
None
None
Known from select localities in the San Gabriel Mountains and the Mt. Baldy area of Los Angeles County and the western end of the San Bernardino Mountains in San Bernardino Co., with an elevation range of 1,200- 5,085 feet. Occurs on talus slopes surrounded by a variety of conifer and montane hardwood species, including bigcone spruce, pine, white fir, incense cedar, canyon live oak, black oak, and California laurel.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Bombus crotchii Crotch bumble bee Fed: CA: None CE Exclusive to coastal California east towards the Sierra-Cascade Crest; less common in western Nevada. No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Buteo regalis
ferruginous hawk
Fed:
CA:
None
WL
Occurs primarily in open grasslands and fields, but may be found in sagebrush flats, desert scrub, low foothills, or along the edges of pinyon-juniper woodland. Feeds primarily on small mammals and typically found in agricultural or open fields.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Calypte costae
Costa’s hummingbird
Fed:
CA:
None
None
Desert and semi-desert, arid brushy foothills and chaparral. A desert hummingbird that breeds in the Sonoran and Mojave Deserts. Departs desert heat moving into chaparral, scrub, and woodland habitats.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Attachment C – Potentially Occurring Special-Status Biological Resources
Ventana Specific Plan Habitat Assessment
Scientific Name Common Name Status Habitat Observed On-site Potential to Occur
Chaetodipus fallax fallax northwestern San Diego pocket mouse
Fed:
CA:
None
SSC
Occurs in desert and coastal habitats in southern California, Mexico, and northern Baja California, from sea level to at least 1,400 meters above msl. Found in a variety of temperate habitats ranging from chaparral and grasslands to scrub forests and deserts. Requires low growing vegetation or rocky outcroppings, as well as sandy soils for burrowing.
No Presumed absent. No suitable habitat is present within or adjacent
to the project site.
Chaetodipus fallax pallidus
pallid San Diego pocket mouse
Fed:
CA:
None
SSC
Occurs in sandy herbaceous areas, usually in association with rocks or coarse gravel in desert wash, desert scrub, desert succulent scrub, and pinyon-juniper communities. No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Circus hudsonius
northern harrier
Fed:
CA:
None
SSC
Frequents meadows, grasslands, open rangelands, desert sinks, fresh and saltwater emergent wetlands; seldom found in wooded areas. Mostly found in flat, or hummocky, open areas of tall, dense grasses moist or dry shrubs, and edges for nesting, cover, and feeding.
No
Low. The project site provides minimal foraging opportunities. No suitable nesting opportunities onsite.
Dipodomys merriami parvus San Bernardino kangaroo rat Fed: CA: END CE; SSC
Primarily found in Riversidian alluvial fan sage scrub and sandy loam soils, alluvial fans and flood plains, and along washes with nearby sage scrub. May occur at lower densities in Riversidian upland sage scrub, chaparral and grassland in uplands and tributaries in proximity to Riversidian alluvial fan sage scrub habitats. Tend to avoid rocky substrates and prefer sandy loam substrates for digging of shallow burrows.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Dipodomys simulans Dulzura kangaroo rat Fed: CA: None None
Relatively common in chaparral, coastal sage scrub, Riversidean alluvial fan sage scrub, and peninsular juniper woodland habitats. No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Elanus leucurus
white-tailed kite Fed:
CA:
None
FP
Occurs in low elevation, open grasslands, savannah-like habitats, agricultural areas, wetlands, and oak woodlands. Uses trees with dense canopies for cover. Important prey item is the California vole.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Eremophila alpestris actia California horned lark
Fed:
CA:
None
WL
Generally found in shortgrass prairies, grasslands, disturbed fields, or similar habitat types along the coast or in deserts. Trees are shrubs are usually scarce or absent. Generally rare in montane, coniferous, or chaparral habitats. Forms large flocks outside of the breeding season.
No High. There is suitable foraging and nesting habitat present within the project site
Falco mexicanus prairie falcon
Fed:
CA:
None
WL
Commonly occur in arid and semiarid shrubland and grassland community types. Also occasionally found in open parklands within coniferous forests. During the breeding season, they are found commonly in foothills and mountains which provide cliffs and escarpments suitable for nest sites.
No Low. There is minimal foraging habitat throughout the site, but no nesting opportunities onsite.
Attachment C – Potentially Occurring Special-Status Biological Resources
Ventana Specific Plan Habitat Assessment
Scientific Name Common Name Status Habitat Observed On-site Potential to Occur
Icteria virens
yellow-breasted chat
Fed:
CA:
None
SSC
Primarily found in tall, dense, relatively wide riparian woodlands and thickets of willows, vine tangles, and dense brush with well-developed understories. Nesting areas are associated with streams, swampy ground, and the borders of small ponds. Breeding habitat must be dense to provide shade and concealment. It winters south the Central America.
No Presumed absent. No suitable habitat is present within or adjacent
to the project site.
Lanius ludovicianus
loggerhead shrike
Fed:
CA:
None
SSC
Often found in broken woodlands, shrublands, and other habitats. Prefers open country with scattered perches for hunting and fairly dense brush for nesting. No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Lepus californicus bennettii San Diego black-tailed jackrabbit Fed: CA: None SSC
Occurs in diverse habitats, but primarily is found in arid regions supporting shortgrass habitats. Openness of open scrub habitat is preferred over dense chaparral. No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Microtus californicus mohavensis
Mohave river vole Fed:
CA:
None
SSC
Found in moist habitats including meadows, freshwater marshes and irrigated pastures in the vicinity of the Mojave River. Suitable habitat it associated with ponds and irrigation canals along with the Mojave River proper. Alfalfa fields may also provide habitat.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Neolarra alba white cuckoo bee
Fed:
CA:
None
None
Found in dry, sandy areas (particularly deserts) in the American southwest near the host plants for Perdita bee species, of which it is a nest parasite. No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Neotoma lepida intermedia
San Diego desert woodrat
Fed:
CA:
None
SSC
Occurs in coastal scrub communities between San Luis Obispo and San Diego Counties. Prefers moderate to dense canopies, and especially rocky outcrops. No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Nyctinomops femorosaccus pocketed free-tailed bat Fed: CA: None SSC
Often found in pinyon-juniper woodlands, desert scrub, desert succulent shrub, desert riparian, desert wash, alkali desert scrub, Joshua tree, and palm oasis. No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Oncorhynchus mykiss irideus pop. 10
steelhead – southern California DPS
Fed:
CA:
END
None Found in permanent coastal streams from San Diego to the Smith River. No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Pandion haliaetus
osprey
Fed:
CA:
None
WL
Associated strictly with large, fish-bearing waters, primarily in ponderosa pine through mixed conifer habitats. Uses large trees, snags, and dead-topped trees in open forest habitats for cover and nesting. Requires open, clear waters for foraging and uses rivers, lakes, reservoirs, bays, estuaries, and surf zones.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Perognathus longimembris brevinasus Los Angeles pocket mouse
Fed: CA: None SSC
Occurs in lower elevation grasslands and coastal sage scrub communities in and around the Los Angeles Basin. Prefers open ground with fine sandy soils. May not dig extensive burrows, but will seek refuge under weeds and dead leaves instead.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Attachment C – Potentially Occurring Special-Status Biological Resources
Ventana Specific Plan Habitat Assessment
Scientific Name Common Name Status Habitat Observed On-site Potential to Occur
Phrynosoma blainvillii coast horned lizard Fed: CA: None SSC
Occurs in a wide variety of vegetation types including coastal sage scrub, annual grassland, chaparral, oak woodland, riparian woodland and coniferous forest. In inland areas, this species is restricted to areas with pockets of open microhabitat, created by disturbance (i.e. fire, floods, roads, grazing, fire breaks). The key elements of such habitats are loose, fine soils with a high sand fraction; an abundance of native ants or other insects; and open areas with limited overstory for basking and low, but relatively dense shrubs for refuge.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Polioptila californica californica coastal California gnatcatcher Fed: CA: THR SSC
Obligate resident of sage scrub habitats that are dominated by California sagebrush (Artemisia californica). This species generally occurs below 750 feet elevation in coastal regions and below 1,500 feet inland. Ranges from the Ventura County, south to San Diego County and northern Baja California and it is less common in sage scrub with a high percentage of tall shrubs. Prefers habitat with more low-growing vegetation.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Rana muscosa
southern mountain yellow-legged frog
Fed: CA: END END; WL
Occurs in lower elevation habitats characterized by rocky streambeds and wet meadows, while higher elevation habitats include lakes, ponds, and streams. Occupy streams in narrow, rock-walled canyons. Often found along rock walls or vegetated banks and always within a few feet of the water.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Rhinichthys osculus ssp. 3 Santa Ana speckled dace Fed: CA: None SSC
Requires permanent flowing streams within summer water temperatures of 17 – 20 degrees Celsius. Inhabits shallow cobble and gravel riffles and small streams that flow through steep, rocky canyons with chaparral covered walls.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Salvadora hexalepis virgultea
coast patch-nosed snake
Fed:
CA:
None
SSC
Inhabits semi-arid brushy areas and chaparral in canyons, rocky hillsides, and plains. Requires friable soils for burrowing. No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Setophaga petechia yellow warbler Fed: CA: None SSC
Nests over all of California except the Central Valley, the Mojave Desert region, and high altitudes and the eastern side of the Sierra Nevada. Winters along the Colorado River and in parts of Imperial and Riverside Counties. Nests in riparian areas dominated by willows, cottonwoods, sycamores, or alders or in mature chaparral. May also use oaks, conifers, and urban areas near stream courses.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Spinus lawrencei Lawrence’s finch Fed: CA: None None
Open woodlands, chaparral, and weedy fields. Closely associated with oaks. Nests in open oak or other arid woodland and chaparral near water. No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Attachment C – Potentially Occurring Special-Status Biological Resources
Ventana Specific Plan Habitat Assessment
Scientific Name Common Name Status Habitat Observed On-site Potential to Occur
Strix occidentalis occidentalis California spotted owl Fed: CA: None SSC
Breeds and roosts in forests and woodland with large old trees and snags, high basal areas of trees and snags, dense canopies, multiple canopy layers, and downed woody debris. Large old trees are key as they provide nest sites and cover from weather.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Taxidea taxus American badger Fed: CA: None SSC
Primarily occupy grasslands, parklands, farms, tallgrass and
shortgrass prairies, meadows, shrub-steppe communities and other treeless areas with sandy loam soils where it can dig more easily for its prey. Occasionally found in open chaparral (with less than 50% plant cover) and riparian zones.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Vireo bellii pusillus least Bell’s vireo Fed: CA: END END
Primarily occupy Riverine riparian habitat that typically feature dense cover within 1-2 meters of the ground and a dense, stratified canopy. Typically it is associated with southern willow scrub, cottonwood-willow forest, mule fat scrub, sycamore alluvial woodlands, coast live oak riparian forest, arroyo willow riparian forest, or mesquite in desert localities. It uses habitat which is limited to the immediate vicinity of water courses, 2,000 feet elevation in the interior.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
SPECIAL-STATUS PLANT SPECIES
Ambrosia monogyra
singlewhorl burrobush
Fed: CA: CNPS:
None None 2B.2
Found in sandy soils within chaparral and Sonoran desert scrub habitat. Found at elevations ranging from 33 to 1,640 feet. Blooming period is from August to November. No
Presumed absent. No suitable habitat is present within or adjacent to the project site. The project site occurs outside of the known elevation range for this species.
Calochortus plummerae Plummer's mariposa-lily
Fed:
CA:
CNPS:
None
None
4.2
Prefers openings in chaparral, foothill woodland, coastal sage scrub, valley foothill grasslands, cismontane woodland, lower montane coniferous forest and yellow pine forest. Often found on dry, rocky slopes and soils and brushy areas. Can be very common after a fire. Found at elevations ranging from 459 to 6,299 feet. Blooming period is from May to July.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Chorizanthe parryi var. parryi Parry's spineflower
Fed:
CA:
CNPS:
None
None
1B.1
Occurs on sandy and/or rocky soils in chaparral, coastal sage scrub, and sandy openings within alluvial washes and margins. Found at elevations ranging from 951 to 3,773 feet. Blooming period is from April to June.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Chorizanthe xanti var. leucotheca
white-bracted spineflower
Fed: CA: CNPS:
None None 1B.2
Found in sandy or gravelly soils within coastal scrub (alluvial fans), Mojavean desert scrub, pinyon and juniper woodland habitats. Found at elevations ranging from 984 to 3,937 feet. Blooming period is from April to June.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Attachment C – Potentially Occurring Special-Status Biological Resources
Ventana Specific Plan Habitat Assessment
Scientific Name Common Name Status Habitat Observed On-site Potential to Occur
Cryptantha incana Tulare cryptantha
Fed:
CA:
CNPS:
None
None
1B.3
Occurs in lower montane coniferous forest (gravelly or rocky). Found at elevations ranging from 4,692 to 7,054 feet above msl. Blooming period is from June to August. No
Presumed absent. No suitable habitat is present within or adjacent to the project site. The project site occurs outside of the known elevation range for this species.
Dodecahema leptoceras slender-horned spineflower
Fed: CA:
CNPS:
END END
1B.1
Chaparral, coastal scrub (alluvial fan sage scrub). Flood deposited terraces and washes. Found at elevations ranging from 1,181 to 2,690 feet. Blooming period is from April to June.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Eriastrum densifolium ssp. sanctorum
Santa Ana River woollystar
Fed: CA: CNPS:
END END 1B.1
Found in sandy soil in association with mature alluvial scrub. Ideal habitat appears to be a terrace or bench that receives overbank deposits every 50 to 100 years. Cryptogamic crusts are frequently present in occupied areas. Found at elevations ranging from 299 to 2,001 feet. Blooming period is from April to September.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Galium jepsonii
Jepson's bedstraw
Fed:
CA:
CNPS:
None
None
4.3
Found in granitic, rocky or gravelly soils within lower montane coniferous forest and upper montane coniferous forest habitats. Found at elevations ranging from 5,052 to 8,202 feet above msl. Blooming period is from July to August.
No
Presumed absent. No suitable habitat is present within or adjacent to the project site. The project site occurs outside of the known elevation range for this species.
Galium johnstonii Johnston’s bedstraw
Fed: CA:
CNPS:
None None
4.3
Found in granitic, rocky or gravelly soils within lower montane coniferous forest and upper montane coniferous forest habitats. Found at elevations ranging from 5,052 to 8,202 feet. Blooming
period is from July to August.
No
Presumed absent. No suitable habitat is present within or adjacent to the project site. The project site occurs outside of the known elevation range for this species.
Horkelia cuneata var. puberula
Mesa horkelia
Fed:
CA: CNPS:
None
None 1B.1
Occurs on sandy or gravelly soils in chaparral, woodlands, and coastal scrub plant communities. Found at elevations ranging from 230 to 2,657 feet. Blooming period is from February to September.
No
Presumed absent. No suitable
habitat is present within or adjacent to the project site.
Juglans californica
southern California black walnut
Fed: CA: CNPS:
None None 4.2
Found in chaparral, cismontane woodland, coastal scrub, and riparian woodland habitats. Found at elevations ranging from 164 to 2,953 feet. Blooming period is from March to August. No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Lilium humboldtii ssp. ocellatum ocellated humboldt lily
Fed:
CA: CNPS:
None
None 4.2
Found in openings within chaparral, cismontane woodland, coastal scrub, lower montane coniferous forest, and riparian woodland habitats. Found at elevations ranging from 98 to 5,906 feet in elevation. Blooming period is from March to August.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Attachment C – Potentially Occurring Special-Status Biological Resources
Ventana Specific Plan Habitat Assessment
Scientific Name Common Name Status Habitat Observed On-site Potential to Occur
Lilium parryi lemon lily
Fed: CA:
CNPS:
None None
1B.2
Prefers lower montane coniferous forest, riparian forests, upper montane coniferous forests, meadows and seeps. Found at elevations ranging from 4,003 to 9,006 feet. Blooming period
is from July to August.
No
Presumed absent. No suitable habitat is present within or adjacent to the project site. The project site occurs outside of the known elevation range for this species.
Lycium parishii
Parish's desert-thorn
Fed: CA: CNPS:
None None 2B.3
Habitats include coastal scrub and Sonoran desert scrub. Found at elevations ranging from 443 to 3,281 feet. Blooming period is from March to April. No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Malacothamnus parishii Parish’s bush-mallow
Fed:
CA:
CNPS:
None
None
1A
Species is presumed extinct. Habitats include coastal scrub and chaparral. Found at elevations ranging from 1,000 to 1,495 feet. Blooming period is from June to July. No
Presumed absent. No suitable habitat is present within or adjacent to the project site. The project site occurs outside of the known elevation range for this species.
Monardella saxicola
rock monardella
Fed: CA: CNPS:
None None 4.2
Found in rocky, usually serpentinite, soils within closed-cone coniferous forest, chaparral, and lower montane coniferous forest habitats. Found at elevations ranging from 1,640 to 5,906 feet. Blooming period is from June to September.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Opuntia basilaris var. brachyclada
short-joint beavertial
Fed: CA: CNPS:
None None 1B.2
Habitats include chaparral, Joshua tree woodland, Mojavean desert scrub, pinyon and juniper woodlands. Found at elevations ranging from 1,394 to 5,906 feet. Blooming period is from April to August.
No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Quercus durata var. gabrielensis San Gabriel oak
Fed: CA:
CNPS:
None None
4.2
Grows in chaparral and cismontane woodland habitats. Found at elevations ranging from 1,476 to 3,280 feet. Blooming period is from April to May. No Presumed absent. No suitable habitat is present within or adjacent to the project site.
Senecio astephanus San Gabriel ragwort
Fed: CA: CNPS:
None None 4.3
Grows in chaparral, cismontane woodland, and coastal scrub habitat. Found at elevations ranging from 49 to 2,625 feet. Blooming period is from January to April. No
Presumed absent. No suitable habitat is present within or adjacent to the project site.
Streptanthus bernardinus Laguna Mountains jewelflower
Fed:
CA:
CNPS:
None
None
4.3
Grows in chaparral and lower montane coniferous forest on clay or decomposed granite soils. It is sometimes found in disturbed areas such as streamsides or roadcuts. From 4,724 to 8,202 feet in elevation. Blooming period is from May to August.
No
Presumed absent. No suitable habitat is present within or adjacent to the project site. The project site occurs outside of the known elevation range for this species.
Attachment C – Potentially Occurring Special-Status Biological Resources
Ventana Specific Plan Habitat Assessment
CDFW SENSITIVE HABITATS
Riversidian Alluvial Fan Sage Scrub CDFW Sensitive Habitat
Occur within broad washes of sandy alluvial drainages that carry rainfall runoff sporadically in winter and spring, but remain relatively dry through the remainder of the year. Is restricted to drainages and floodplains with very sandy substrates that have a dearth of decomposed plant material. These areas do not develop into riparian woodland or scrub due to the limited water resources and scouring by occasional floods.
No Absent. This plant community was not observed on-site.
Southern Riparian Forest CDFW Sensitive Habitat
Dense riparian forests found along streams and rivers. Characteristic plant species include western sycamore, cottonwood, and many other wetland plants. No Absent. This plant community was not observed on-site.
Southern Sycamore Alder Riparian Woodland CDFW Sensitive Habitat
Occurs below 2,000 meters in elevation, sycamore and alder often occur along seasonally-flooded banks; cottonwoods and willows are also often present. Poison oak, mugwort, elderberry and wild raspberry may be present in understory.
No Absent. This plant community was not observed on-site.
U.S. Fish and Wildlife Service (USFWS) - Federal END- Federal Endangered THR- Federal Threatened
California Department of Fish and Wildlife (CDFW) - California END- California Endangered THR- California Threatened CE - Candidate Endangered FP- California Fully Protected SSC- California Species of Concern WL- Watch List
California Native Plant Society (CNPS) California Rare Plant Rank 1A Plants Presumed Extirpated in California and Either Rare or Extinct Elsewhere 1B Plants Rare, Threatened, or Endangered in California and Elsewhere 2B Plants Rare, Threatened, or Endangered in California, but More Common Elsewhere 4 Plants of Limited Distribution – A Watch List
Threat Ranks 0.1- Seriously threatened in California 0.2- Moderately threatened in California 0.3- Not very threatened in California
Attachment D
Regulations
Attachment D – Regulations
Ventana Specific Plan Habitat Assessment
Special status species are native species that have been afforded special legal or management protection
because of concern for their continued existence. There are several categories of protection at both federal
and state levels, depending on the magnitude of threat to continued existence and existing knowledge of
population levels.
Federal Regulations
Endangered Species Act of 1973
Federally listed threatened and endangered species and their habitats are protected under provisions of the
Federal Endangered Species Act (ESA). Section 9 of the ESA prohibits “take” of threatened or endangered
species. “Take” under the ESA is defined as to “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture,
or collect, or to attempt to engage in any of the specifically enumerated conduct.” The presence of any
federally threatened or endangered species that are in a project area generally imposes severe constraints
on development, particularly if development would result in “take” of the species or its habitat. Under the
regulations of the ESA, the United States Fish and Wildlife Service (USFWS) may authorize “take” when
it is incidental to, but not the purpose of, an otherwise lawful act.
Critical Habitat is designated for the survival and recovery of species listed as threatened or endangered
under the ESA. Critical Habitat includes those areas occupied by the species, in which are found physical
and biological features that are essential to the conservation of an ESA listed species and which may require
special management considerations or protection. Critical Habitat may also include unoccupied habitat if it
is determined that the unoccupied habitat is essential for the conservation of the species.
Whenever federal agencies authorize, fund, or carry out actions that may adversely modify or destroy
Critical Habitat, they must consult with USFWS under Section 7 of the ESA. The designation of Critical
Habitat does not affect private landowners, unless a project they are proposing uses federal funds, or
requires federal authorization or permits (e.g., funding from the Federal Highway Administration or a
permit from the U.S. Army Corps of Engineers (Corps)).
If USFWS determines that Critical Habitat will be adversely modified or destroyed from a proposed action,
the USFWS will develop reasonable and prudent alternatives in cooperation with the federal institution to
ensure the purpose of the proposed action can be achieved without loss of Critical Habitat. If the action is
not likely to adversely modify or destroy Critical Habitat, USFWS will include a statement in its biological
opinion concerning any incidental take that may be authorized and specify terms and conditions to ensure
the agency is in compliance with the opinion.
Migratory Bird Treaty Act
The Migratory Bird Treaty Act (MBTA) (16 U.S. Government Code [USC] 703) makes it unlawful to
pursue, capture, kill, possess, or attempt to do the same to any migratory bird or part, nest, or egg of any
such bird listed in wildlife protection treaties between the United States, Great Britain, Mexico, Japan, and
the countries of the former Soviet Union, and authorizes the U.S. Secretary of the Interior to protect and
regulate the taking of migratory birds. It establishes seasons and bag limits for hunted species and protects
migratory birds, their occupied nests, and their eggs (16 USC 703; 50 CFR 10, 21).
Attachment D – Regulations
Ventana Specific Plan Habitat Assessment
The MBTA covers the taking of any nests or eggs of migratory birds, except as allowed by permit pursuant
to 50 CFR, Part 21. Disturbances causing nest abandonment and/or loss of reproductive effort (i.e., killing
or abandonment of eggs or young) may also be considered “take.” This regulation seeks to protect migratory
birds and active nests.
In 1972, the MBTA was amended to include protection for migratory birds of prey (e.g., raptors). Six
families of raptors occurring in North America were included in the amendment: Accipitridae (kites, hawks,
and eagles); Cathartidae (New World vultures); Falconidae (falcons and caracaras); Pandionidae (ospreys);
Strigidae (typical owls); and Tytonidae (barn owls). The provisions of the 1972 amendment to the MBTA
protects all species and subspecies of the families listed above. The MBTA protects over 800 species
including geese, ducks, shorebirds, raptors, songbirds and many relatively common species.
State Regulations
California Environmental Quality Act (CEQA)
The California Environmental Quality Act (CEQA) provides for the protection of the environment within
the State of California by establishing State policy to prevent significant, avoidable damage to the
environment through the use of alternatives or mitigation measures for projects. It applies to actions directly
undertaken, financed, or permitted by State lead agencies. If a project is determined to be subject to CEQA,
the lead agency will be required to conduct an Initial Study (IS); if the IS determines that the project may
have significant impacts on the environment, the lead agency will subsequently be required to write an
Environmental Impact Report (EIR). A finding of non-significant effects will require either a Negative
Declaration or a Mitigated Negative Declaration instead of an EIR. Section 15380 of the CEQA Guidelines
independently defines “endangered” and “rare” species separately from the definitions of the California
Endangered Species Act (CESA). Under CEQA, “endangered” species of plants or animals are defined as
those whose survival and reproduction in the wild are in immediate jeopardy, while “rare” species are
defined as those who are in such low numbers that they could become endangered if their environment
worsens.
California Endangered Species Act (CESA)
In addition to federal laws, the state of California implements the CESA which is enforced by CDFW. The
CESA program maintains a separate listing of species beyond the FESA, although the provisions of each
act are similar.
State-listed threatened and endangered species are protected under provisions of the CESA. Activities that
may result in “take” of individuals (defined in CESA as; “hunt, pursue, catch, capture, or kill, or attempt to
hunt, pursue, catch, capture, or kill”) are regulated by CDFW. Habitat degradation or modification is not
included in the definition of “take” under CESA. Nonetheless, CDFW has interpreted “take” to include the
destruction of nesting, denning, or foraging habitat necessary to maintain a viable breeding population of
protected species.
The State of California considers an endangered species as one whose prospects of survival and
reproduction are in immediate jeopardy. A threatened species is considered as one present in such small
numbers throughout its range that it is likely to become an endangered species in the near future in the
Attachment D – Regulations
Ventana Specific Plan Habitat Assessment
absence of special protection or management. A rare species is one that is considered present in such small
numbers throughout its range that it may become endangered if its present environment worsens. State
threatened and endangered species are fully protected against take, as defined above.
The CDFW has also produced a species of special concern list to serve as a species watch list. Species on
this list are either of limited distribution or their habitats have been reduced substantially, such that a threat
to their populations may be imminent. Species of special concern may receive special attention during
environmental review, but they do not have formal statutory protection. At the federal level, USFWS also
uses the label species of concern, as an informal term that refers to species which might be in need of
concentrated conservation actions. As the Species of Concern designated by USFWS do not receive formal
legal protection, the use of the term does not necessarily ensure that the species will be proposed for listing
as a threatened or endangered species.
Fish and Game Code
Fish and Game Code Sections 3503, 3503.5, 3511, and 3513 are applicable to natural resource management.
For example, Section 3503 of the Code makes it unlawful to destroy any birds’ nest or any birds’ eggs that
are protected under the MBTA. Further, any birds in the orders Falconiformes or Strigiformes (Birds of
Prey, such as hawks, eagles, and owls) are protected under Section 3503.5 of the Fish and Game Code
which makes it unlawful to take, possess, or destroy their nest or eggs. A consultation with CDFW may be
required prior to the removal of any bird of prey nest that may occur on a project site. Section 3511 of the
Fish and Game Code lists fully protected bird species, where the CDFW is unable to authorize the issuance
of permits or licenses to take these species. Pertinent species that are State fully protected by the State
include golden eagle (Aquila chrysaetos) and white-tailed kite (Elanus leucurus). Section 3513 of the Fish
and Game Code makes it unlawful to take or possess any migratory nongame bird as designated in the
MBTA or any part of such migratory nongame bird except as provided by rules and regulations adopted by
the Secretary of the Interior under provisions of the MBTA.
Native Plant Protection Act
Sections 1900–1913 of the Fish and Game Code were developed to preserve, protect, and enhance Rare
and Endangered plants in the state of California. The act requires all state agencies to use their authority to
carry out programs to conserve Endangered and Rare native plants. Provisions of the Native Plant
Protection Act prohibit the taking of listed plants from the wild and require notification of the CDFW at
least ten days in advance of any change in land use which would adversely impact listed plants. This allows
the CDFW to salvage listed plant species that would otherwise be destroyed.
California Native Plant Society Rare and Endangered Plant Species
Vascular plants listed as rare or endangered by the CNPS, but which have no designated status under FESA
or CESA are defined as follows:
California Rare Plant Rank
1A- Plants Presumed Extirpated in California and either Rare or Extinct Elsewhere
1B- Plants Rare, Threatened, or Endangered in California and Elsewhere
Attachment D – Regulations
Ventana Specific Plan Habitat Assessment
2A- Plants Presumed Extirpated in California, But More Common Elsewhere
2B- Plants Rare, Threatened, or Endangered in California, But More Common Elsewhere
3- Plants about Which More Information is Needed - A Review List
4- Plants of Limited Distribution - A Watch List
Threat Ranks
.1- Seriously threatened in California (over 80% of occurrences threatened / high degree and
immediacy of threat)
.2- Moderately threatened in California (20-80% occurrences threatened / moderate degree and
immediacy of threat)
.3- Not very threatened in California (<20% of occurrences threatened / low degree and immediacy
of threat or no current threats known).
Local
North Fontana Conservation program
The North Fontana Conservation Program (previously referred to as the North Fontana Interim Multiple
Species Habitat Conservation Plan) was prepared to address lands in north Fontana and the listed and
special-status species that have the potential to occur on these lands. To adequately mitigate for the loss of
sensitive habitats, as required by the CEQA, a tiered development mitigation fee was created for new
development in north Fontana. The mitigation fee is based on the quality of the habitat on the development
site and a site’s potential to support san Bernardino kangaroo rat, coastal California gnatcatcher, or other
special-status species occurring in the vicinity. The mitigation fee is charged for each acre of land proposed
for development based on the habitat quality rating.
Attachment D – Regulations
Ventana Specific Plan Habitat Assessment
There are three key agencies that regulate activities within inland streams, wetlands, and riparian areas in
California. The Corps Regulatory Branch regulates activities pursuant to Section 404 of the Federal Clean
Water Act (CWA) and Section 10 of the Rivers and Harbors Act. Of the State agencies, the CDFG regulates
activities under the Fish and Game Code Section 1600-1616, and the Regional Board regulates activities
pursuant to Section 401 of the CWA and the California Porter-Cologne Water Quality Control Act.
Federal Regulations
Section 404 of the Clean Water Act
Since 1972, the Corps and EPA have jointly regulated the filling of waters of the United States, including
wetlands, pursuant to Section 404 of the CWA. The Corps has regulatory authority over the discharge of
dredged or fill material into the waters of the United States under Section 404 of the CWA. The Corps and
EPA define “fill material” to include any “material placed in waters of the United States where the material
has the effect of: (i) replacing any portion of a water of the United States with dry land; or (ii) changing the
bottom elevation of any portion of the waters of the United States.” Examples include, but are not limited
to, the placement of sand, rock, clay, construction debris, wood chips, and “materials used to create any
structure or infrastructure in the waters of the United States.”
In April of 2020, the Corps and the EPA provided a new definition for waters of the United States [Federal
Register, Vol. 85, No. 77 (April 21, 2020)] which encompass:
• The territorial seas and traditional navigable waters;
• Perennial and intermittent tributaries that contribute surface water flow to such waters;
• Certain lakes, ponds, and impoundments of jurisdictional waters; and
• Wetlands adjacent to other jurisdictional waters.
Additionally, the new definition identifies 12 categories of those waters and features that are excluded from
the definition of ‘‘waters of the United State, such as features that only contain water in direct response to
rainfall (e.g., ephemeral features), groundwater, many ditches, prior converted cropland, and waste
treatment systems. The final rule excludes from the definition of ‘‘waters of the United States’’ all waters
or features not mentioned above. In addition to this general exclusion, the final rule specifically clarifies
that waters of the United States do not include the following:
• Groundwater, including groundwater drained through subsurface drainage systems;
• Ephemeral features that flow only indirect response to precipitation, including ephemeral streams,
swales, gullies, rills, and pools;
• Diffuse stormwater runoff and directional sheet flow over upland;
• Ditches that are not traditional navigable waters, tributaries, or that are not constructed in adjacent
wetlands, subject to certain limitations;
• Prior converted cropland;
• Artificially irrigated areas that would revert to upland if artificial irrigation ceases;
• Artificial lakes and ponds that are not jurisdictional impoundments and that are constructed or
excavated in upland or non-jurisdictional waters;
Attachment D – Regulations
Ventana Specific Plan Habitat Assessment
• Water-filled depressions constructed or excavated in upland or in non-jurisdictional waters
incidental to mining or construction activity, and pits excavated in upland or in non jurisdictional
waters for the purpose of obtaining fill, sand, or gravel;
• Stormwater control features constructed or excavated in upland or in non-jurisdictional waters to
convey, treat, infiltrate, or store stormwater runoff;
• Groundwater recharge, water reuse, and wastewater recycling structures constructed or excavated
in upland or in non-jurisdictional waters; and
• Waste treatment systems.
Section 401 of the Clean Water Act
Pursuant to Section 401 of the CWA, any applicant for a federal license or permit to conduct any activity
which may result in any discharge to waters of the United States must provide certification from the State
or Indian tribe in which the discharge originates. This certification provides for the protection of the
physical, chemical, and biological integrity of waters, addresses impacts to water quality that may result
from issuance of federal permits, and helps insure that federal actions will not violate water quality
standards of the State or Indian tribe. In California, there are nine Regional Water Quality Control Boards
(Regional Board) that issue or deny certification for discharges to waters of the United States and waters of
the State, including wetlands, within their geographical jurisdiction. The State Water Resources Control
Board assumed this responsibility when a project has the potential to result in the discharge to waters within
multiple Regional Boards.
State Regulations
Fish and Game Code
Fish and Game Code Sections 1600 et. seq. establishes a fee-based process to ensure that projects conducted
in and around lakes, rivers, or streams do not adversely impact fish and wildlife resources, or, when adverse
impacts cannot be avoided, ensures that adequate mitigation and/or compensation is provided.
Fish and Game Code Section 1602 requires any person, state, or local governmental agency or public utility
to notify the CDFW before beginning any activity that will do one or more of the following:
(1) substantially obstruct or divert the natural flow of a river, stream, or lake;
(2) substantially change or use any material from the bed, channel, or bank of a river, stream, or lake;
or
(3) deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground
pavement where it can pass into a river, stream, or lake.
Fish and Game Code Section 1602 applies to all perennial, intermittent, and ephemeral rivers, streams, and
lakes in the State. CDFW’s regulatory authority extends to include riparian habitat (including wetlands)
supported by a river, stream, or lake regardless of the presence or absence of hydric soils and saturated soil
conditions. Generally, the CDFW takes jurisdiction to the top of bank of the stream or to the outer limit of
the adjacent riparian vegetation (outer drip line), whichever is greater. Notification is generally required
for any project that will take place in or in the vicinity of a river, stream, lake, or their tributaries. This
includes rivers or streams that flow at least periodically or permanently through a bed or channel with banks
Attachment D – Regulations
Ventana Specific Plan Habitat Assessment
that support fish or other aquatic life and watercourses having a surface or subsurface flow that support or
have supported riparian vegetation. A Section 1602 Streambed Alteration Agreement would be required if
impacts to identified CDFW jurisdictional areas occur.
Porter Cologne Act
The California Porter-Cologne Water Quality Control Act gives the State very broad authority to regulate
waters of the State, which are defined as any surface water or groundwater, including saline waters. The
Porter-Cologne Act has become an important tool in the post SWANCC and Rapanos regulatory
environment, with respect to the state’s authority over isolated and insignificant waters. Generally, any
person proposing to discharge waste into a water body that could affect its water quality must file a Report
of Waste Discharge in the event that there is no Section 404/401 nexus. Although “waste” is partially
defined as any waste substance associated with human habitation, the Regional Board also interprets this
to include fill discharged into water bodies.