HomeMy WebLinkAboutAppendix B - Biological Resources ReportsCitrus East Project
City of Fontana Initial Study/Mitigated Negative Declaration
June 2022
APPENDIX B ‐ HABITAT ASSESSMENT
2201 N. Grand Avenue #10098 | Santa Ana, CA 92711-0098 | (714) 716-5050
www.ELMTConsulting.com
October 20, 2021
KIMLEY-HORN
Contact: Kari Cano
3880 Lemon Street, Suite 420
Riverside, California 92501
SUBJECT: Habitat Assessment for Lennar’s Citrus East 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 Citrus West
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 August 17, 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), California gnatcatcher (Polioptila californica californica), 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 north of State Route 210, east of Interstate 15, 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 Section 19 of Township 1 North, Range 5 West. Specifically, the project site is located at the northeast
corner of the intersection of Summit Avenue and Citrus Avenue within Assessor Parcel Number (APN)
1118-021-04. Refer to Exhibits 1 thru 3 in Attachment A.
Project Description
The project proposes the development of a gated community consisting of 76 homes, 343 parking spaces, and
associated infrastructure and landscaping on approximately 8.65 acres. Refer to Attachment B, Site Plans.
Methodology
A literature review and records search were conducted to determine which special-status biological
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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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 (1985-2021);
• United States Department of Agriculture (USDA) Natural Resource Conservation Service (NRCS),
Soil Survey2;
• USFWS Critical Habitat designations for Threatened and Endangered Species; and
• USFWS Endangered Species Profiles.
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.
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 August 17, 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.
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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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, Southwestern Part. 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,
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
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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.
Existing Site Conditions
The project site occurs in an area that has undergone a conversion from natural habitats into agriculture and
residential land uses in the northern portion of the City of Fontana southeast of Interstate 15 and north of
State Route 210. The project site is bordered by residential developments to the north; Florentine Avenue
and residential developments to the east; Citrus Avenue and undeveloped, vacant land to the west;
undeveloped, vacant land and a water storage tank to the southwest; and Summit Avenue and institutional
and residential development to the south.
Topography and Soils
The project site is relatively flat with no areas of significant topographic relief, and ranges in elevation from
1,642 to 1,660 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 entirely by Soboba gravelly loam
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., grading and weed abatement activities).
Vegetation
Due to historic and existing land uses, no native plant communities or natural communities of special
concern were observed on or adjacent to the project site. The project site consists primarily of vacant,
undeveloped land with scattered developed portions. The site has been subjected to a variety of
anthropogenic disturbances including grading, routine weed abatement activities, vehicular traffic, and on-
site and surrounding development. 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 C, Site Photographs, for representative site photographs. No native plant communities will be
impacted from implementation of the proposed project.
No natural plant communities occur within the boundaries of the project site. The site supports two (2) land
cover types that would be classified as disturbed and developed. Refer to Exhibit 5, Vegetation in
Attachment A. The disturbed portions of the site vary in vegetative density from unvegetated to densely
vegetated and are subjected to routine weed abatement. Surface soils within these areas have been heavily
disturbed/compacted from anthropogenic disturbances. Common plant species observed in the disturbed
portions of the site include Russian thistle (Salsola tragus), Mediterranean mustard (Hirschfeldia incana),
mouse barley (Hordeum murinum), red brome (Bromus madritensis), ripgut (Bromus diandrus),
Mediterranean grass (Schismus barbatus), wild oat (Avena fatua), California buckwheat (Eriogonum
fasciculatum), deerweed (Acmispon glaber), telegraph weed (Heterotheca grandiflora), and California
croton (Croton californicus). In addition, several non-native ornamental trees are present around historic
building sites, including olive (Olea europa), wattle (Acacia longifolia), Peruvian pepper (Schinus molle),
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tree of heaven (Ailanthus altissima), tamarisk (Tamarix ramosissima).
Developed areas generally encompass all buildings/structures or any paved or otherwise impervious
surfaces. Developed portions of the site include remnant structures and foundations from historic land uses,
paved and compacted gravel areas that formerly supported staging activities or materials stockpiles, and
paved sidewalks. These areas are generally unvegetated except for especially hardy early successional
species that are adapted to growing in highly compacted soils such as telegraph weed, Mediterranean
mustard, and non-native grasses.
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.
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 and are presumed absent from the project site.
Reptiles
The project site provides limited foraging and cover habitat for reptile species adapted to a high degree of
anthropogenic disturbance. The only reptile species observed during the field investigation was western
side-blotched lizard (Uta stansburiana elegans). Common reptilian species adapted to a high degree of
anthropogenic disturbances that have the potential to occur on-site include Great Basin fence lizard
(Sceloporus occidentalis longipes) and alligator lizard (Elgaria multicarinata). 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 limited foraging and nesting habitat for bird species adapted to a high degree of
anthropogenic disturbance. Bird species detected during the field investigation included mourning dove
(Zenaida macroura), northern mockingbird (Mimus polyglottos), turkey vulture (Cathartes aura), Cooper’s
hawk (Accipiter cooperii), western meadowlark (Sturnella neglecta), Anna’s hummingbird (Calypte anna),
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red-tailed hawk (Buteo jamaicensis), and rock pigeon (Columba livia).
Mammals
The project site provides limited foraging and cover habitat for mammalian species adapted to a high degree
of anthropogenic disturbance. The only mammalian species observed during the field investigation were
cottontail (Sylvilagus audubonii) and California ground squirrel (Otospermophilus beecheyi). Common
mammalian species adapted to a high degree of anthropogenic disturbance that could be expected to occur
include coyote (Canis latrans), opossum (Didelphis virginiana), and raccoon (Procyon lotor).
Nesting Birds
No active nests or birds displaying nesting behavior were observed during the field survey, which was
conducted at the end of the bird nesting season. Although subjected to routine disturbance, the ornamental
trees 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. Additionally, the open, disturbed habitat on-site also provides nesting opportunities for
ground-nesting species such as killdeer (Charadrius vociferus). 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,
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 anthropogenic 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 the Lytle
Creek Wash, located approximately 2.5 miles to the northeast, which is separated from the project by
existing developments.
The proposed project will be confined to existing areas that have been heavily disturbed and are isolated
from regional wildlife corridors and linkages. In addition, there are no riparian corridors, creeks, or useful
patches of steppingstone habitat (natural areas) within or connecting the site to a recognized wildlife
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corridor or linkage. As such, implementation of the proposed project is not expected to impact wildlife
movement opportunities. Therefore, impacts to wildlife corridors or linkages are not expected to occur.
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 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. query of the
NWI database found on potential blueline streams, riverine, or other aquatic resources within or adjacent
to the project site. Therefore, project activities will not result in impacts to Corps, Regional Board, or
CDFW jurisdictional areas and regulatory approvals will not be required.
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 is located near
the middle of the quadrangle and is surrounding be existing development.
The literature search identified twenty (20) special-status plant species, forty-two (42) special-status, 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 is presented in Table D-1: Potentially Occurring Special-Status Biological Resources, provided in
Attachment D.
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 D). No special-status plant species were observed on-site during
the field investigation. The project site primarily consists undeveloped land that has been subject to a high
level of anthropogenic disturbances from historic grading and stockpiling activities, on-site and surrounding
development, and routine weed abatement activities, and is largely surrounded by existing development.
These disturbances have eliminated the natural plant communities that once occurred on-site which has
removed 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
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species and the availability and quality of habitats needed by each species, it was determined that the project
site do not provide suitable habitat for any of the special-status plant species known to occur in the area and
all are presumed to be absent. No focused surveys are recommended.
Special-Status Wildlife
According to the CNDDB, forty-two (42) special-status wildlife species have been reported in the Devore
quadrangle (refer to Attachment D). No special-status wildlife species were observed on-site during the
habitat assessment. The project site consists developed land and vacant, undeveloped land that has been
subject to a variety of anthropogenic disturbances from historic grading and stockpiling activities, on-site
and surrounding development, and routine weed abatement activities, and is largely surrounded by existing
development. These disturbances have eliminated the natural plant communities that once occurred on-site
which has greatly reduced potential foraging opportunities for wildlife species.
Based on habitat requirements for specific species and the availability and quality of on-site habitats, it was
determined that the proposed project site has a high potential to provide suitable habitat for Cooper’s hawk
(Accipiter cooperii), California horned lark (Eremophila alpestris actia); and a low potential to support
burrowing owl (Athene cunicularia) and Costa’s hummingbird (Calypte costae). It was further determined
that the project site does not have the potential to support any of the other special-status wildlife species
known to occur in the area since the site has been heavily impacted by on-site 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 California gnatcatcher, burrowing owl, and San
Bernardino kangaroo rat within the project site are described in further detail below:
California Gnatcatcher
California gnatcatcher is a federally threatened species with restricted habitat requirements, being an
obligate resident of sage scrub habitats that are dominated by California sagebrush. This species generally
occurs below 750 feet elevation in coastal regions and below 1,500 feet inland. According to J. Atwood
and J. Bolsinger (1992), 99% of all California gnatcatcher observations are in areas with elevations below
950 feet. There are reported occurrences of California gnatcatcher at 1,600 feet elevation (500 meters).
California gnatcatcher ranges from Ventura County south to San Diego County and northern Baja
California and is less common in sage scrub with a high percentage of tall shrubs. It prefers habitat with
more low-growing vegetation. California gnatcatchers breed between mid-February and the end of August,
with peak activity from mid-March to mid-May. Population estimates indicate that there are approximately
1,600 to 2,290 pairs of coastal California gnatcatcher remaining. Declines are attributed to loss of sage
scrub habitat due to development, as well as cowbird nest parasitism.
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California gnatcatcher are ground and shrub-foraging insectivores. They feed on small insects and other
arthropods. A California gnatcatcher’s territory is highly variable in size and seems to be correlated with
distance from the coast, ranging from less than 1 ha to over 9 ha. In a 1998 study, biologist Patrick Mock
concluded that California gnatcatcher in the inland region require a larger territory than those on the coast
in order to meet the nutritional requirements needed for survival and breeding.
The Primary Constituent Elements (PCEs)3 essential to support the biological needs of foraging,
reproducing, rearing of young, intra-specific communication, dispersal, genetic exchange, or sheltering for
California gnatcatcher that were surveyed for include:
1. Dynamic and Successional sage scrub Habitats and Associated Vegetation (Diegan Coastal Sage
Scrub, Coastal Sage-Chaparral Scrub, etc.) that provide space for individual and population growth,
normal behavior, breeding, reproduction, nesting, dispersal and foraging; and
2. Non-sage scrub habitats such as chaparral, grassland, and riparian areas, in proximity to sage scrub
habitats have the potential to provide linkages to help with dispersal, foraging and nesting.
The project site ranges in elevation from 1,642 to 1,660 feet above mean sea level, which is outside the
known elevational range of California gnatcatcher. The preferred habitat for California gnatcatcher is
coastal sage scrub dominated by California sage brush. The project site does not support coastal sage scrub
habitat, nor does it support any vegetation alliances capable of providing suitable habitat for California
gnatcatcher. In addition, the site is isolated from California gnatcatcher occupied coastal sage scrub habitats
and linkage areas in the region by surrounding development. Given the highly degraded condition of the
site, plus the lack of any observation of California gnatcatcher in north Fontana and isolation of the site due
to the recent development of surrounding properties, it is highly unlikely that the site supports this species.
The site is presumed to be unoccupied and focused surveys are not recommended.
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 drain pipes, 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 white wash) was observed during the
3 Specific elements of physical and biological features that provide for a species’ life-history process and are essential to the conservation of the species.
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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 and the site supports minimal
suitable burrows (>4 inches in diameter) capable of providing roosting and nesting opportunities. However,
the site is surrounded by buildings, trees, and light poles 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. Further, the project site is largely
surrounded by existing development and is thoroughly isolated from nearby suitable habitats.
Based on the results of the field investigation, it was determined that the project site has a low potential to
provide suitable habitat for burrowing owls and focused surveys are not recommended. However, 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 (Dipodomys simulans), 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. San Bernardino kangaroo rat historically ranged from the San
Bernardino Valley in San Bernardino County to southwest Perris, Bautista Canyon, and Murrieta Hot
Springs in Riverside County, with at least 25 separate localities identified. Currently, populations of the
San Bernardino kangaroo rat are limited to seven widely separated locations in San Bernardino and
Riverside Counties, four of which (City Creek, Etiwanda, Reche Canyon, and South Bloomington) support
only small, remnant populations. The Santa Ana River, Lytle and Cajon washes, and the San Jacinto River
support the largest extant concentrations of San Bernardino kangaroo rat and the largest areas of habitat for
this species (approximately 3,200 acres total). The total area of occupied habitat occurs across a mosaic of
approximately 13,697 acres of potential habitat; however, all but the 3,215 occupied areas are currently
more mature than the open, early successional habitat types preferred by the San Bernardino kangaroo rat
(USFWS 2009).
San Bernardino kangaroo rat is found primarily on sandy and loamy sand substrates, where they can readily
excavate simple, shallow burrows. This is typically associated with Riversidean Alluvial Fan Sage Scrub
(RAFSS) habitat, a relatively uncommon desert-influenced plant community in southern California that
develops on alluvial fans and floodplains subjected to scouring and deposition (USFWS 2009). Adjacent
upland habitat provide refuge for San Bernardino kangaroo rat during flood events. Animals occupying this
refugia habitat are able to repopulate core habitat areas within the floodplain following major flood events.
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).
The project site has not supported a natural plant community since at least 2002, and the existing plant
community and land cover types do not exhibit the species diversity or distribution of RAFFS habitat. In
addition, the project site and surrounding area are no longer exposed to fluvial processes needed to maintain
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the intermediate RAFSS habitat that would be required for long-term San Bernardino kangaroo rat
conservation since the site has been isolated from the influences of nearby waterways and alluvial fans
extending out of the San Gabriel Mountains since the mid-1980s to early-2000s. Due to the history of
regular disruption and manipulation of the native soils, the loss of fluvial scouring due to flood control
activities, and isolation from known occupied habitat, it was determined that the project site does not
provide suitable habitat for San Bernardino kangaroo rat. No further studies 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.
The project site is located within designated Critical Habitat Unit 2, Lytle Creek/Cajon Wash. Refer to
Exhibit 6, Critical Habitat in Attachment A. In 2002 the USFWS designated Critical Habitat for San
Bernardino kangaroo rat, and the project site were 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. 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. 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.
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
October 20, 2021 Page 12
Lennar’s Citrus East Project Habitat Assessment
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 two (2) habitat quality (or mitigation fee types): “Unsuitable Habitat” and
Suitable Habitat” (refer to Exhibit 7, North Fontana Conservation Program Fee Map in Attachment A).
Approximately 8.57 acres of “Unsuitable” habitat were identified within the project site that is mitigated in
the North Fontana Conservation Program at a cost of $1,035.00 per acre totaling an estimated $8,869.95 of
mitigation costs. Approximately 0.009 acre of “Suitable Habitat” is identified on the southwest corner of
the project site that is mitigated in the North Fontana Conservation Program at a cost of $6,210.00 per acre
totaling an estimated $55.89 of mitigation costs. Per these estimated costs and acreages, development of
the project site will result in a total of $8,925.84 in mitigation costs under the North Fontana Conservation
Program. Refer to Table 1 below for a summary of the habitat qualities and mitigation fees.
Table 1: Habitat Qualities and Mitigation Fees
Habitat Qualities Mitigation Fee (per acre) Acreage Mitigation Fee
Suitable $6,210.00 0.009 $55.89 Unsuitable Habitat $1,035.00 8.57 $8,869.95 TOTALS 8.579 $8,925.84
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, since there is no federal nexus, 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 prohibit the take, possession, or destruction of birds,
their nests or eggs). In order to protect migratory bird species, a nesting bird clearance survey should be
conducted prior to any ground disturbance or vegetation removal activities that may disrupt the birds during
October 20, 2021 Page 13
Lennar’s Citrus East Project Habitat Assessment
the nesting season.
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. The biologist conducting the
clearance survey should document a negative survey with a brief letter report indicating that no impacts to
active avian nests will occur. If an active avian nest is discovered during the pre-construction clearance
survey, construction activities should stay outside of a no-disturbance buffer. The size of the no-disturbance
buffer will be determined by the wildlife biologist and will depend on the level of noise and/or surrounding
anthropogenic disturbances, line of sight between the nest and the construction activity, type and duration
of construction activity, ambient noise, species habituation, and topographical barriers. These factors will
be evaluated on a case-by-case basis when developing buffer distances. Limits of construction to avoid an
active nest will be established in the field with flagging, fencing, or other appropriate barriers; and
construction personnel will be instructed on the sensitivity of nest areas. A biological monitor should be
present to delineate the boundaries of the buffer area and to monitor the active nest to ensure that nesting
behavior is not adversely affected by the construction activity. Once the young have fledged and left the
nest, or the nest otherwise becomes inactive under natural conditions, construction activities within the
buffer area can occur.
As part of the nesting bird clearance, it is recommended that a burrowing owl pre-construction clearance
survey be conducted prior to any ground disturbance or vegetation removal activities to ensure that
burrowing owls remain absent from the project site.
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. Project Site Plans
C. Ste Photographs
D. Potentially Occurring Special-Status Biological Resources
E. Regulations
Attachment A
Project Exhibits
^_
SAN BERNARDINO
RIVERSIDE
LOS ANGELES
ORANGE
Regional Vicinity
LENAR'S CITRUS EAST PROJECTHABITAT ASSESSMENT
Exhibit 1
O
Source: World Street Map, San Bernardino County
0 5 102.5
Miles
PROJECTLOCATION
^_
PROJECTLOCATION
Site Vicinity
LENAR'S CITRUS EAST PROJECTHABITAT ASSESSMENT
Exhibit 2
O
Source: USA Topographic Map, San Bernardino County
0 2,000 4,0001,000
Feet
Legend
Project Site
Project Site
LENAR'S CITRUS EAST PROJECTHABITAT ASSESSMENT
Exhibit 3
O
Source: ESRI Aerial Imagery, San Bernardino County
0 125 25062.5
Feet
Legend
Project Site
SoC
Soils
LENAR'S CITRUS EAST PROJECTHABITAT ASSESSMENT
Exhibit 4
O
Source: ESRI Aerial Imagery, Soil Survey Geographic Database, San Bernardino County
0 125 25062.5
Feet
Legend
Project Site
Soboba gravelly loam sand, 0 to 9% slopes (SoC)
Vegetation
LENAR'S CITRUS EAST PROJECTHABITAT ASSESSMENT
Exhibit 5
O
Source: ESRI Aerial Imagery, San Bernardino County
0 125 25062.5
Feet
Legend
Project Site
Disturbed
Developed
Critical Haibtat
LENAR'S CITRUS EAST PROJECTHABITAT ASSESSMENT
Exhibit 6
O
Source: ESRI Aerial Imagery, USFWS Critical Habitat, San Bernardino County
0 2,000 4,0001,000
Feet
Legend
Project Site
San Bernardino Merriam's kangaroo rat
North Fontana Conservation Program Fee Map
LENAR'S CITRUS EAST PROJECTHABITAT ASSESSMENT
Exhibit 7
O
Source: ESRI Aerial Imagery, San Bernardino County
0 125 25062.5
Feet
Legend
Project Site
Unsuitable Habitat (8.57 acres at $1,035 Per Acre = $8,869.95)
Suitable Habitat
(0.009 acre at $6,210 Per Acre = $55.89)
Total Fee = $8,925.84
Attachment B
Site Plans
Attachment C
Site Photographs
Attachment C – Site Photographs
Lennar’s Citrus East Project Habitat Assessment
Photograph 1: From the northwest corner of the project site looking south along the western boundary.
Photograph 2: From the northwest corner of the project site looking east along the northern boundary.
Attachment C – Site Photographs
Lennar’s Citrus East Project Habitat Assessment
Photograph 3: From the northeast corner of the project site looking west along the northern boundary.
Photograph 4: From the northeast corner of the project site looking south along the eastern boundary.
Attachment C – Site Photographs
Lennar’s Citrus East Project Habitat Assessment
Photograph 5: From the southeast corner of the project site looking north along the eastern boundary.
Photograph 6: From the southeast corner of the project site looking west along the southern boundary.
Attachment C – Site Photographs
Lennar’s Citrus East Project Habitat Assessment
Photograph 7: From the southwest corner of the project site looking east along the southern boundary.
Photograph 8: From the southwest corner of the project site looking north along the western boundary.
Attachment D
Potentially Occurring Special-Status Biological Resources
Attachment D – Potentially Occurring Special-Status Biological Resources
Lennar’s Citrus East Project Habitat Assessment
Table D-1: Potentially Occurring Special-Status Biological Resources
Scientific Name Common Name Status Habitat Observed On-site Potential to Occur
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 present within the project site, but no nesting opportunities are present. This species is adapted to urban areas 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 There is no suitable habitat 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
There is no suitable habitat 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 Presumed Absent
There is no suitable habitat present within or adjacent to the project site.
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 There is no suitable habitat 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.
Presumed Absent
There is no suitable habitat present within or adjacent to the project site.
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
There is no suitable habitat 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
There is no suitable habitat present within or adjacent to the project site.
Attachment D – Potentially Occurring Special-Status Biological Resources
Lennar’s Citrus East Project Habitat Assessment
Scientific Name Common Name Status Habitat Observed On-site Potential to Occur
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 There is no suitable habitat 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 and supports suitable burrows (>4 inches) for roosting. However, the site is surrounded by trees, buildings, and light poles that provide perching opportunities for large raptors that prey on burrowing owls. In addition, the site is almost entirely surrounded by development, which typically precludes burrowing owls from unoccupied areas.
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 There is no suitable habitat 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
There is no suitable habitat 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.
Presumed Absent
There is no suitable habitat 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
Low There is suitable foraging habitat present within the project site. No Suitable nesting opportunities.
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 There is no suitable habitat present within or adjacent to the project site.
Attachment D – Potentially Occurring Special-Status Biological Resources
Lennar’s Citrus East Project Habitat Assessment
Scientific Name Common Name Status Habitat Observed On-site Potential to Occur
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 There is no suitable habitat 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 Presumed Absent There is no suitable habitat present within or adjacent to the project site.
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
There is no suitable habitat 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 There is no suitable habitat 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 There is no suitable habitat 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. This species is adapted to urban areas and occurs commonly.
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 Presumed Absent There is no suitable habitat present
within or adjacent to the project site.
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
There is no suitable habitat 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
There is no suitable habitat present within or adjacent to the project site.
Attachment D – Potentially Occurring Special-Status Biological Resources
Lennar’s Citrus East Project Habitat Assessment
Scientific Name Common Name Status Habitat Observed On-site Potential to Occur
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 There is no suitable habitat 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 There is no suitable habitat 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 There is no suitable habitat 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 There is no suitable habitat 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 There is no suitable habitat 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 There is no suitable habitat 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 There is no suitable habitat 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 instead will seek refuge under weeds and dead leaves instead.
No
Presumed Absent
There is no suitable habitat present within or adjacent to the project site.
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
There is no suitable habitat present within or adjacent to the project site.
Attachment D – Potentially Occurring Special-Status Biological Resources
Lennar’s Citrus East Project Habitat Assessment
Scientific Name Common Name Status Habitat Observed On-site Potential to Occur
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
There is no suitable habitat 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 There is no suitable habitat present
within or adjacent to the project site.
Rhinichthys osculus ssp. 8 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 There is no suitable habitat 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 There is no suitable habitat 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
There is no suitable habitat 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 There is no suitable habitat present
within or adjacent to the project site.
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 There is no suitable habitat 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 There is no suitable habitat present within or adjacent to the project site.
Attachment D – Potentially Occurring Special-Status Biological Resources
Lennar’s Citrus East Project Habitat Assessment
Scientific Name Common Name Status Habitat Observed On-site Potential to Occur
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
There is no suitable habitat present within or adjacent to the project site.
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 There is no suitable habitat present within or adjacent to the project site.
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 There is no suitable habitat 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 There is no suitable habitat 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
There is no suitable habitat present within or adjacent to the project site.
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 There is no suitable habitat present within or adjacent to the project site.
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 There is no suitable habitat 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 There is no suitable habitat present within or adjacent to the project site.
Attachment D – Potentially Occurring Special-Status Biological Resources
Lennar’s Citrus East Project Habitat Assessment
Scientific Name Common Name Status Habitat Observed On-site Potential to Occur
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 There is no suitable habitat present within or adjacent to the project site.
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 There is no suitable habitat present within or adjacent to the project site.
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 There is no suitable habitat 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 There is no suitable habitat 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 There is no suitable habitat present within or adjacent to the project site.
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 There is no suitable habitat present within or adjacent to the project site.
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
There is no suitable habitat 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 There is no suitable habitat present within or adjacent to the project site.
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 There is no suitable habitat present within or adjacent to the project site.
Opuntia basilaris var.
brachyclada short-joint beavertial
Fed:
CA:
CNPS:
None
None
1B.1
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
There is no suitable habitat 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
There is no suitable habitat present within or adjacent to the project site.
Attachment D – Potentially Occurring Special-Status Biological Resources
Lennar’s Citrus East Project Habitat Assessment
Scientific Name Common Name Status Habitat Observed On-site Potential to Occur
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 There is no suitable habitat 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
There is no suitable habitat present within or adjacent to the project site.
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 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 E
Regulations
Attachment E – Regulations
Lennar’s Citrus East Project 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
As defined within the Federal Endangered Species Act (FESA) of 1973, an endangered species is any
animal or plant listed by regulation as being in danger of extinction throughout all or a significant portion
of its geographical range. A threatened species is any animal or plant that is likely to become endangered
within the foreseeable future throughout all or a significant portion of its geographical range. Without a
special permit, federal law prohibits the “take” of any individuals or habitat of federally listed species.
Under Section 9 of the FESA, take is defined as “harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect or attempt to engage in any such conduct.” The term “harm” has been clarified to include
“any act which actually kills or injures fish or wildlife, and emphasizes that such acts may include
significant habitat modification or degradation that significantly impairs essential behavioral patterns of
fish or wildlife.” The presence of any federally threatened or endangered species within 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 FESA, 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 FESA 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 the 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.
Attachment E – Regulations
Lennar’s Citrus East Project Habitat Assessment
Migratory Bird Treaty Act
Pursuant to the Migratory Bird Treaty Act (MBTA) (16 U.S. Government Code [USC] 703) of 1918, as
amended in 1972, federal law prohibits the taking of migratory birds or their nests or eggs (16 USC 703;
50 CFR 10, 21). The statute states:
Unless and except as permitted by regulations made as hereinafter provided in this subchapter, it
shall be unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, kill,
attempt to take, capture, or kill...any migratory bird, any part, nest, or egg of any such
bird...included in the terms of the [Migratory Bird] conventions…
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.
Attachment E – Regulations
Lennar’s Citrus East Project Habitat Assessment
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
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.
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
Attachment E – Regulations
Lennar’s Citrus East Project Habitat Assessment
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
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 E – Regulations
Lennar’s Citrus East Project 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 U.S. Environmental Protection Agency (EPA) have jointly regulated the filling
of “waters of the U.S.,” including wetlands, pursuant to Section 404 of the Clean Water Act (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, sand, rock, clay, construction debris, wood
chips, and “materials used to create any structure or infrastructure in the waters of the United States.” In
order to further define the scope of waters protected under the CWA, the Corps and EPA published the
Clean Water Rule on June 29, 2015. Pursuant to the Clean Water Rule, the term “waters of the United
States” is defined as follows:
(i) All waters which are currently used, or were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are subject to the ebb and flow of the
tide.
(ii) All interstate waters, including interstate wetlands1.
(iii) The territorial seas.
(iv) All impoundments of waters otherwise defined as waters of the United States under the definition.
(v) All tributaries2 of waters identified in paragraphs (i) through (iii) mentioned above.
(vi) All waters adjacent3 to a water identified in paragraphs (i) through (v) mentioned above, including
wetlands, ponds, lakes, oxbows, impoundments, and similar waters.
1 The term wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. 2 The terms tributary and tributaries each mean a water that contributes flow, either directly or through another water (including an impoundment identified in paragraph (iv) mentioned above), to a water identified in paragraphs (i) through (iii) mentioned above, that is characterized by the presence of the physical indicators of a bed and banks and an ordinary high water mark. 3 The term adjacent means bordering, contiguous, or neighboring a water identified in paragraphs (i) through (v) mentioned above, including waters separated by constructed dikes or barriers, natural river berms, beach dunes, and the like.
Attachment E – Regulations
Lennar’s Citrus East Project Habitat Assessment
(vii) All prairie potholes, Carolina bays and Delmarva bays, Pocosins, western vernals pools, Texas
coastal prairie wetlands, where they are determined, on a case-specific basis, to have a significant
nexus to a water identified in paragraphs (i) through (iii) meantioned above.
(viii) All waters located within the 100-year floodplain of a water identified in paragraphs (i) through
(iii) mentioned above and all waters located within 4,000 feet of the high tide line or ordinary
high water mark of a water identified in paragraphs (i) through (v) mentioned above, where they
are determined on a case-specific basis to have a significant nexus to a waters identified in
paragraphs (i) through (iii) mentioned above.
The following features are not defined as “waters of the United States” even when they meet the terms of
paragraphs (iv) through (viii) mentioned above:
(i) Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements
of the Clean Water Act.
(ii) Prior converted cropland.
(iii) The following ditches:
(A) Ditches with ephemeral flow that are not a relocated tributary or excavated in a
tributary.
(B) Ditches with intermittent flow that are not a relocated tributary, excavated in a
tributary, or drain wetlands.
(C) Ditches that do not flow, either directly or through another water, into a water of the
United States as identified in paragraphs (i) through (iii) of the previous section.
(iv) The following features:
(A) Artificially irrigated areas that would revert to dry land should application of water to
that area cease;
(B) Artificial, constructed lakes and ponds created in dry land such as farm and stock
watering ponds, irrigation ponds, settling basins, fields flooded for rice growing, log
cleaning ponds, or cooling ponds;
(C) Artificial reflecting pools or swimming pools created in dry land;
(D) Small ornamental waters created in dry land;
(E) Water-filled depressions created in dry land incidental to mining or construction
activity, including pits excavated for obtaining fill, sand, or gravel that fill with water;
(F) Erosional features, including gullies, rills, and other ephemeral features that do not
meet the definition of a tributary, non-wetland swales, and lawfully constructed
grassed waterways; and
(G) Puddles.
(v) Groundwater, including groundwater drained through subsurface drainage systems.
(vi) Stormwater control features constructed to convey, treat, or store stormwater that are created in
dry land.
Attachment E – Regulations
Lennar’s Citrus East Project Habitat Assessment
(vii) Wastewater recycling structures constructed in dry land; detention and retention basins built for
wastewater recycling; groundwater recharge basins; percolation ponds built for wastewater
recycling; and water distributary structures built for wastewater recycling.
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
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.
Attachment E – Regulations
Lennar’s Citrus East Project Habitat Assessment
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.
March 4, 2021
Randy Schroeder
Lennar Homes of CA, Inc.
Inland Empire Division
980 Montecito Drive, Suite 302
Corona, California 92879
Subject: Results of a Cultural and Biological Resources Due Diligence Study for the Fontana
Citrus and Summit East/West Property Project, APNs 110-726-237 and 023-914-
130, City of Fontana, San Bernardino County, California
Dear Mr. Schroeder:
Brian F. Smith and Associates, Inc. (BFSA) conducted a due diligence cultural and
biological resources review of the proposed Fontana Citrus and Summit East/West Property
Project (Citrus and Summit Project) which includes Assessor’s Parcel Numbers (APNs) 110-726-
237 and 023-914-130. This project consists of a proposed residential subdivision of 18 acres on
two separate parcels and associated off-site improvements. The subject property is located
northwest and northeast of the intersection of Summit and Citrus avenues, within the city of
Fontana, San Bernardino County, California. The west parcel (APN 110-726-237) can be found
within Section 24, Township 1 North, Range 6 West and the east parcel (APN 023-914-130) can
be found within Section 19, Township 1 North, Ranch 5 West as shown on the U.S. Geological
Survey Devore, California 7.5-minute topographic quadrangle map. This due diligence study
focused upon the potential of the property to contain significant archaeological, historical,
paleontological, and/or biological resources that could represent a constraint to its development.
The scope of work for this assessment included:
1) A review of existing records regarding recorded archaeological sites and fossil
localities within and adjacent to the property;
2) A review of previous cultural resources studies for the project;
3) A Sacred Lands File review conducted by the Native American Heritage Commission
(NAHC);
4) An intuitive survey of the property to search for any significant cultural resources;
5) A biological assessment for this project;
6) A biological heritage tree survey; and
Brian F. Smith and Associates, Inc. — Page 2
7) Preparation of this letter report to summarize the results of the study and present an
opinion regarding the potential constraints associated with cultural and biological
resources during the development of the project.
Cultural Resources
The assessment of the potential constraints associated with archaeological or
paleontological resources within the Citrus and Summit Project are presented in four categories:
research of existing records, assessment of property conditions, review of current conditions, and
recommendations. Fortunately for this study, a sufficient quantity of data is available to permit a
strong assessment of the property’s potential to contain significant archaeological or
paleontological resources.
Review of Available Archaeological Records Data
BFSA requested an archaeological records search from the South Central Coastal
Information Center (SCCIC) at the California State University at Fullerton (CSUF) on February
17, 2021. However, due to the limitations imposed by the evolving circumstances related to the
COVID-19 pandemic, records search access has become limited and, to date, the records search
has not yet been completed by the SCCIC. However, given the high frequency of development in
the area, it is likely that much of the area surrounding the project has been studied.
NAHC Sacred Lands File Search
BFSA requested a Sacred Lands File search to be conducted by the NAHC for the project
on February 19, 2021 to determine if any recorded Native American sacred sites or locations of
religious or ceremonial importance are present within or near the project. The Sacred Lands File
search results were positive for sacred sites within the vicinity of the project. The NAHC also
supplied a list of Native American tribes who may also have knowledge of cultural resources in
the area and specifically recommended contacting the Gabrieleno Band of Mission Indians – Kizh
Nation. The positive results are an indication of the level of involvement that can be anticipated
from local Native American tribes during the Assembly Bill (AB) 52 government-to-government
tribal consultation process. At minimum, it can be anticipated that the Gabrieleno Band of Mission
Indians – Kizh Nation will request to monitor any project related ground disturbances.
Results of the Archaeological Field Survey
On February 19, 2021, BFSA archaeologist Michael Tyberg conducted an intuitive survey
to determine if any locations of historic or prehistoric resources or potential use areas were present.
Both parcels are primarily characterized as relatively flat terrain that slope gradually to the south.
During the survey of APN 023-914-130, visibility of the natural ground surface was characterized
as very poor due to dense, low-lying grasses. California pepper and other ornamental trees were
also identified in the southwest quadrant of the east parcel. Within APN 110-726-237, visibility
was moderate to good, and vegetation was limited to patches of low-lying grasses. No trees were
Brian F. Smith and Associates, Inc. — Page 3
located within the west parcel.
Historic aerial photographs indicate that APN 110-726-237 remained vacant and unaltered
through 1980. By 1994, the native vegetation appears to have been removed and by 2002, the
entire property was graded. The aerial photographs indicate that no structures were ever located
on the west parcel and that it was highly disturbed when the vegetation was cleared between 1980
and 1994 and when the property was graded between 1994 and 2002. The survey conducted by
BFSA of APN 110-726-237 did not reveal the presence of any archaeological sites, artifacts, or
other potential cultural resources.
Aerial photographs of APN 023-914-130 indicate that it was developed as early as 1938.
The 1938 aerial photograph shows a main residence and two outbuildings with landscaping in the
west half of the parcel, in the vicinity of the pepper trees, and agricultural fields surrounding the
structures to the north and east. A rock wall is located on the northeast half of the property,
separating the easternmost agricultural field from the property to the north. By 1959, one of the
outbuildings was replaced with a larger structure and the main residence was either expanded or
replaced with a larger residence. By 1980, the remaining outbuildings had been removed, and
between 1994 and 2002, the main residence was also removed from the property.
The survey conducted by BFSA of APN 023-914-130 located foundations and remnants of
stone and mortar walls of three structures in the west half of the property, along with the rock wall
seen on the 1938 aerial photograph located in the northeast portion of the property. It is unclear if
the foundations and structure remnants correlate with the structures on the 1938 aerial photograph
or the larger structures seen on the 1959 aerial photograph. Regardless, the foundation and
structure remnants and the rock wall are considered historic features according the California
Environmental Quality Act (CEQA), as they meet the 45-year threshold for the area.
One potential historic farm site was identified within the east parcel, APN 023-914-130, of
the Citrus and Summit Project. The west parcel, APN 110-726-237, was negative for
archaeological sites, artifacts, or other potential cultural resources. Both parcels, however, were
highly disturbed by grading and demolition between 1994 and 2002. Additional disturbances
likely occurred during construction of the neighboring housing developments throughout the 2000s
to 2010s. Because the SCCIC records search results have not yet been returned, it is unknown if
the farm site has already been evaluated and recorded, or if there are other previously recorded
sites located within the Citrus and Summit Project.
Results of the Paleontological Assessment
The Citrus and Summit Project is underlain by late Quaternary (Holocene) young alluvial
fan deposits consisting of unconsolidated to moderately consolidated, coarse-grained sand to
bouldery alluvial-fan deposits having slightly to moderately dissected surfaces. Alluvial fan
deposits typically have high coarse-to-fine clast ratios. Younger surficial units have upper surfaces
that are capped by slight to moderately developed pedogenic soil profiles (Morton and Matti 2001).
Young alluvial fan deposits typically do not contain significant vertebrate fossils, at least
in the uppermost layers, but they may contain pockets of finer-grained sediments, particularly at
Brian F. Smith and Associates, Inc. — Page 4
depth, that may well contain significant vertebrate fossil remains. The fossilized remains that
might be expected would be the bones of late Pleistocene-age mammals such as horses, camels, or
mammoths, or small vertebrates such as reptiles and rodents.
While shallow excavations in the young alluvial fan deposits are unlikely to encounter
significant vertebrate fossils, deeper excavations within the project area that extend down into
older, finer-grained Quaternary deposits may encounter significant remains of fossil vertebrates.
Any substantial excavations in the proposed project, therefore, should be monitored to recover any
fossil remains while not impeding development. A mitigation monitoring and reporting plan is
warranted to reduce potential impacts to paleontological resources to a level below significant.
Biological Resources
Review of Available Biological Resources Records Data
Existing biological resource conditions within and adjacent to the Citrus and Summit
Project were initially investigated through review of pertinent scientific literature. Federal register
listings, protocols, and species data provided by the United States Fish and Wildlife Service
(USFWS) were reviewed in conjunction with anticipated federally listed species potentially
occurring in the area of the subject property. The California Natural Diversity Database
(CNDDB), a California Department of Fish and Wildlife (CDFW) Natural Heritage Division
species account database, was also reviewed for all pertinent information regarding the locations
of known occurrences of sensitive species in the vicinity of the properties (CDFW 2021a). In
addition, numerous regional floral and faunal field guides were utilized in the identification of
species and suitable habitats. Combined, the sources reviewed provided an excellent baseline from
which to assess the biological resources potentially occurring in the area. Other sources of
information included the review of unpublished biological resource letter reports, jurisdictional
delineations, permit applications and assessments. Other CDFW reports and publications
consulted include the following:
• Special Animals (CDFW 2021b)
• State and Federally Listed Endangered and Threatened Animals of California (CDFW
2021c)
• Endangered, Threatened, and Rare Plants of California (CDFW 2021d)
• Special Vascular Plants and Bryophytes List (CDFW 2021e)
A reconnaissance survey of the project was conducted by Ruben Ramirez, Cadre
Environmental, on February 16, 2021 (USFWS Permit 780566-14, CDFW Permit 02243) in order
to characterize and identify potential wildlife habitats, and to establish the accuracy of the data
identified in the literature search and previous surveys. Geologic and soil maps were examined to
identify local soil types that may support sensitive taxa. Aerial photographs, topographic maps,
and vegetation and rare plant maps prepared by previous studies in the region were used to
determine community types and other physical features that may support sensitive plants/wildlife,
Brian F. Smith and Associates, Inc. — Page 5
uncommon taxa, or rare communities that occur within the project.
Based upon the initial review of the USFWS and CNDDB databases, habitat assessments
were conducted for the following species:
• Sensitive plants
• Coastal California gnatcatcher (Polioptila californica californica) – Federally
Threatened / California State Species of Special Concern
• Burrowing owl (Athene cunicularia) – California State Species of Special Concern
• San Bernardino kangaroo rat (Dipodomys merriami parvus) – Federally Endangered /
California State Species of Special Concern
• Protected (“Heritage”) trees (as defined in City of Fontana Municipal Code Ordinance
No. 1126 § 1, 8-16-94)
Results of the Field Survey
The project is bordered and bisected completely by high-density existing and under
construction residential development and high traffic roads. Vegetation within the project is
characterized as buckwheat scrub, ornamental, and disturbed/ruderal vegetation. Based upon a
review of historic aerial photographs, the project parcels have been cleared and grubbed
consistently since at least 2002, which is consistent with conditions documented on site during the
current survey.
Habitat on the project is characterized primarily as disturbed/ruderal vegetation and is
dominated by cheeseweed (Malva parviflora), red-stemmed filaree (Erodium cicutarium),
tumbling pigweed (Amaranthus albus), black mustard (Brassica nigra), Asian mustard (Brassica
tournefortii), sow thistle (Sonchus oleraceus) Russian thistle (Kali tragus), horseweed (Conyza
canadensis), common fiddleneck (Amsinckia menziesii), telegraph weed (Heterotheca
grandiflora), and ripgut grass (Bromus diandrus).
Buckwheat scrub vegetation is located in the northwestern portion of APN 110-726-237
and is dominated by California buckwheat (Eriogonum fasciculatum) and deerweed (Acmispon
glaber). A few chamise (Adenostoma fasciculatum) and single hollyleaf cherry (Prunus ilicifolia)
are reestablishing in this region.
Several ornamental trees persist from a previous development within APN 023-914-130,
including European olive (Olea europaea), California pepper (Schinus molle), salt cedar (Tamarix
ramosissima), and tree of heaven (Ailanthus altissima).
The entire project is characterized as having Soboba gravelly loamy sand, 0 to 9 percent
slopes (SoC) (U.S. Department of Agriculture 2021).
Results of the Biological Assessment
The Citrus and Summit Project is not located within or adjacent to the North Fontana
Conservation Program area (Michael Baker International 2016). Therefore, implementation of the
project would not result in a conflict with the provisions of an adopted habitat conservation plan,
Brian F. Smith and Associates, Inc. — Page 6
no impacts would occur, and no mitigation is required.
1. Sensitive Habitats: No sensitive or undisturbed habitats were documented within or
adjacent to the project. No proposed actions are needed.
2. Sensitive Plants: No suitable habitat for sensitive floral species, including those listed
as federal or state threatened/endangered, was documented within or adjacent to the
project. Based upon a review of historic aerial photographs, the project has been
cleared and grubbed consistently since at least 2002, consistent with conditions
documented on site during the survey.
Because the ornamental trees located within APN 023-914-130 may be regulated by
the City of Fontana’s Heritage Tree Preservation Ordinance, a certified arborist, Jim
Borer (Certified Arborist #496), conducted a tree inspection survey of APN 023-914-
130 on February 27, 2021. At the time of the survey, tree species noted within APN
023-914-130 consisted of European olive (Olea europaea), California pepper (Schinus
molle), salt cedar (Tamarix ramosissima), and tree of heaven (Ailanthus altissima).
None of the tree species on the property are included as significant species within the
City of Fontana’s Heritage Tree Preservation Ordinance, nor are they subject to
protection of any state, federal, or local agencies. Furthermore, no eucalyptus trees are
located on the property, and none of the individual trees “compromise any sort or
legacy windrow planting” (Borer 2021). Although there are a few olive trees on site,
they do not appear to have been cultivated as components of an orchard, and instead
appear to be volunteers “based upon their lack of mature form or character” (Borer
2021). Ultimately,
… none of the existing trees are of varietal, individually outstanding
archetypical form or character, or cultural significance otherwise. The
lack of care and maintenance that they have experienced in the high
wind environment of north Fontana has not affected their systemic vigor
(foliage canopy density, coloration, or volumes) but has affected their
statures and their structural integrity.
Therein the existing tree species structural integrity are marginal which
diminishes their conservation potentials regardless of their species. The
City’s ordinance requires only that “outstanding” insignificant tree
species specimens should be considered for conservation. (Borer 2021)
Because none of the ornamental trees within APN 023-914-130, or any tree within the
subject property as a whole, are subject to conservation, a tree removal permit should
Brian F. Smith and Associates, Inc. — Page 7
not be required for the project. No proposed actions are needed.
3. Sensitive Wildlife: No suitable habitat for wildlife species listed as federal or state
threatened/endangered was documented within or adjacent to the project. Based upon
a review of historic aerial photographs, the project has been cleared and grubbed
consistently since at least 2002, consistent with conditions documented on site during
the survey.
The project is located within the County of San Bernardino Biotic Resources Overlay
Map (2012) for the burrowing owl and suitable foraging and refugia habitat was
documented on site. All potential burrows were assessed during the site visit and no
characteristic sign, including white-wash, feathers, tracks, or pellets, was detected.
Proposed actions include:
a. Prior to initial grading or clearing of areas of suitable habitat (e.g., a vacant site
with a landscape of grassland or low-growing, arid scrub vegetation or
agricultural use or vegetation), a qualified biologist shall conduct a pre-
construction survey, in accordance with the 2012 California Department of Fish
and Game (now CDFW) Staff Report on Burrowing Owl Mitigation, to
determine the presence or absence of burrowing owls within the proposed area
of impact. Specifically, two pre-construction clearance surveys should be
conducted 14 to 30 days and 24 hours, respectively, prior to any vegetation
removal or ground disturbing activities. Documentation of findings shall be
submitted to the City of Fontana for review and approval. If no burrowing owls
or occupied burrows are detected, construction may begin. If an occupied
burrow is found within the development footprint during pre-construction
clearance surveys, a burrowing owl exclusion and mitigation plan would need
to be prepared and submitted to CDFW for approval prior to initiating project
activities.
4. USFWS Critical Habitat: The project is not located within or adjacent to a designated
plant or wildlife critical habitat boundary. No proposed actions are needed.
5. California Department of Fish and Game Code Sections 3503, 3503.5, and 3513:
The ornamental trees, buckwheat scrub, and disturbed/ruderal habitats documented
within the project are expected to potentially provide nesting habitat for common birds
protected by California Department of Fish and Game Code Sections 3503, 3503.5, and
3513. The loss of an active nest would be considered a potentially significant impact.
Standard required compliance with the CDFW Codes will ensure potential impacts to
Brian F. Smith and Associates, Inc. — Page 8
nesting birds are reduced to a level below significant.
Proposed actions include:
a. To avoid impacts to nesting birds and to comply with the California Department
of Fish and Game Code Codes 3503 & 3513 and the Migratory Bird Treaty Act,
clearing should occur between non-nesting (or non-breeding) season for birds
(generally, September 1 to January 31). If this avoidance schedule is not
feasible, the alternative is to carry out such activities under the supervision of a
qualified biologist. This shall entail the following:
1. A qualified biologist shall conduct a pre-construction nesting bird
survey no more than 45 days prior to initiating ground disturbance
activities. The survey will consist of full coverage of the proposed
disturbance limits and up to a 500-foot buffer area, determined by the
biologist and taking into account the species nesting in the area and the
habitat present.
If no active nests are found, no additional measures are required.
2. If “occupied” nests are found, their locations shall be mapped, species
documented, and, to the degree feasible, the status of the nest (e.g.,
incubation of eggs, feeding of young, near fledging) recorded. The
biologist shall establish a no-disturbance buffer around each active nest.
The buffer area will be determined by the biologist based on the species
present, surrounding habitat, and type of construction activities
proposed in the area. No construction or ground disturbance activities
shall be conducted within the buffer until the biologist has determined
the nest is no longer active and has informed the construction supervisor
that activities may resume.
6. Jurisdictional Wetland & Regulated Resources: No wetlands or jurisdictional
resources regulated by the United States Army Corps of Engineers, CDFW, or Regional
Water Quality Control Board were documented within or immediately adjacent to the
project. No proposed actions are needed.
Brian F. Smith and Associates, Inc. — Page 9
Conclusion
The review of current property conditions and historic aerial imagery has provided
sufficient information to form an opinion regarding the cultural and paleontological constraints, as
well as the likely biological and regulatory constraints to the development of the property. The
following points are salient to the evaluation of potential constraints:
• Historic aerial photographs indicated that APN 023-914-130 was developed as early as
1938, and APN 110-726-237 has disturbed by clearing and grubbing after 1980 and the
parcel was completely graded by 2002.
• The survey of the project identified one potential historic farm site on APN 023-914-
130. APN 110-726-237 was negative for the presence of cultural resources. No
prehistoric Native American sites were observed on either parcel.
• The paleontological assessment indicates that the property has the potential to contain
fossils, although the potential increases with depth of soil.
• Specific biological constraints and recommendations are represented by the need to
conduct preconstruction burrowing owl and nesting bird surveys. The ornamental trees
present on site do not qualify for protection under the City of Fontana’s Heritage Tree
Preservation Ordinance and can be removed without obtaining a tree removal permit.
Because the archaeological records search results have not yet been received from the
SCCIC, it is unclear if the possible historic farm site and associated features have been previously
recorded and evaluated. In the event that the farm site has not been previously studied, these
features would need to be evaluated through a significance evaluation and testing program prior
to grading, as part of the environmental CEQA review process. This would include the careful
recordation of the historic features and a series of shovel tests around each feature to determine
the presence of buried cultural materials, followed by a research and reporting program as well as
the recordation of the farm site on a Department of Parks and Recreation (DPR) site record form.
If the records search indicates that the site has already been recorded, a DPR site record form
update would need to be completed. Given the state of the structures and rock wall, and the high
level of disturbance to APN 023-914-130, it is unlikely that the significance evaluation and testing
program would find these historic features to be significant. The historic features do not represent
a significant constraint to the development of this property.
Native American issues are anticipated to be relatively minor for this project, given the
absence of any archaeological sites on the two parcels. Local tribes, particularly the Gabrieleno
Band of Mission Indians – Kizh Nation, will likely request Native American monitoring to protect
any sensitive tribal resources that may be present. This situation is very common in this area and
the only constraint to the development of the property is associated with Native American tribes
would be the cost of Native American monitoring during grading.
Following the significance evaluation and testing program, a Mitigation Monitoring and
Reporting Program (MMRP) that addresses both archaeological and paleontological resources will
Brian F. Smith and Associates, Inc. — Page 10
likely be required during all grading activities by the City of Fontana. Generally, this requires the
presence of a full-time archaeological and/or paleontological monitor during all grading activities.
If cultural or paleontological resources are identified during grading, work would stop in the
vicinity of the find until the material can be assess and recorded by the archaeologist or
paleontologist. If the find is prehistoric in nature, a Native American representative would also be
called to assess the find. It is also possible that the City of Fontana will require the presence of a
Native American monitor(s) during all grading activities. Following the completion of grading, a
reporting program would be completed to address the presence or absence of cultural materials
within the Citrus and Summit Project. The requirement for a mitigation monitoring program by
the City as part of a grading permit is not considered a significant constraint to development plans.
Costs associated with mitigation monitoring are anticipated to be typical for such projects.
Biological constraints could be a minor financial consideration but also do not appear to
be a major constraint to development. The project requires standard preconstruction surveys for
burrowing owls and nesting birds. No critical habitat or sensitive plant or wildlife species were
identified within the project, and the existing trees on site are not eligible for protection under the
City of Fontana’s Heritage Tree Preservation Ordinance.
It would appear that the only constraint to development is associated with the costs for
biological preconstruction surveys and cultural resources monitoring. The financial or cost
constraints for those tasks would likely fall in the range of $5,000 for biology and $30,000 for
archaeological and paleontological monitoring. Native American tribal monitoring would likely
have an ultimate cost of $25,000, assuming that only one tribe requests to participate in the
monitoring of grading. In the unlikely event that burrowing owls are identified on the property
prior to grading, additional costs could be added to the project to protect or relocate the owls.
If you have any questions or wish further information, please contact me.
Sincerely,
Brian F. Smith
BFS:jc
Brian F. Smith and Associates, Inc. — Page 11
References
Borer, Jim
2021 On-Site Tree Inspection Follow-up Report, February 2021, Untitled Map, c/o Summit
and Citrus, Fontana, CA. Report on file at the offices of Brian F. Smith and Associates,
Inc., Poway, California.
California Department of Fish and Game
2012 Staff Report on Burrowing Owl Mitigation. State of California Natural Resources
Agency. Electronic document, http://www.dfg.ca.gov/wildlife/nongame/docs/
BUOWStaffReport.pdf, accessed March 1, 2021.
California Department of Fish and Wildlife (CDFW)
2021a California Natural Diversity Data Base (CNDDB) Sensitive Element Record Search
for the Devore Quadrangle. California Department of Fish and Wildlife. Sacramento,
California.
2021b Special Animals. Natural Heritage Division, Natural Diversity Data Base.
2021c State and Federally Listed Endangered and Threatened Animals of California. Natural
Heritage Division, Natural Diversity Data Base.
2021d Endangered, Threatened, and Rare Plants of California. Natural Heritage Division,
Natural Diversity Data Base.
2021e Special Vascular Plants, Bryophytes, and Lichens. Natural Heritage Division, Natural
Diversity Data Base.
County of San Bernardino
2012 Biotic Resources Overlay Map. Electronic document, http://www.sbcounty.gov/
Uploads/lus/BioMaps/cnty_all_biotic_resources_map_final.pdf, accessed March 3, 2021.
Michael Baker International
2016 Action Plan for Implementing the North Fontana Conservation Program. On file at the
City of Fontana, Fontana, California.
Morton, D.M. and J.C. Matti
2001 Geology of the 7.5-minute Devore quadrangle, San Bernardino County, California,
U.S.G.S. Open-File Report 01-173