Initial Study/Environmental Checklist City of Oceanside, California

APPENDIX E – BIOLOGICAL RESOURCES REPORT

Indian Grove Development Project MND – P16-00006 and D16-0018 February 2018

nVision Development, Inc. Residences at Indian Grove Project

Biological Resources Technical Report

December 2016

Biological Resources Technical Report:

RESIDENCES AT INDIAN GROVE PROJECT CITY OF OCEANSIDE, CALIFORNIA

Prepared for: nVision Development, Inc. 1401 N. El Camino Real, Suite 207 San Clemente, CA 92672 Contact: Daniel Clark (949)278-7379

Prepared by: Rincon Consultants, Inc. 2215 Faraday Avenue, Suite A Carlsbad, California 92008 760-918-9444

December 2016

Indian Grove Project Biological Resources Technical Report

TABLE OF CONTENTS

TABLE OF CONTENTS ...... i 1.0 Introduction ...... 1 1.1 Project Location and Description ...... 1 2.0 Methodology ...... 3 2.1 Regulatory Overview ...... 3 2.1.1 Environmental Statutes ...... 3 2.1.2 Guidelines for Determining CEQA Significance ...... 3 2.2 Literature Review ...... 4 2.3 Field Reconnaissance Survey ...... 4 2.4 Focused Surveys ...... 5 2.4.1 Jurisdictional Delineation ...... 5 3.0 Existing Conditions ...... 7 3.1 Physical Characteristics ...... 7 3.1.1 Soils ...... 7 3.1.2 Watershed and Drainages ...... 9 3.1.3 Vegetation ...... 9 3.3 General Wildlife ...... 11 4.0 Sensitive Biological Resources...... 12 4.1 Special-Status Species ...... 12 4.1.1 Special-Status Plant Species ...... 19 4.1.2 Special-Status Wildlife Species ...... 19 4.2 Sensitive Plant Communities...... 20 4.3 Jurisdictional Waters and Wetlands ...... 20 4.3.1 USACE and San Diego RWQCB Jurisdiction ...... 20 4.3.2 CDFW Jurisdiction ...... 20 4.4 Wildlife Movement ...... 20 4.5 Resources Protected By Local Policies and Ordinances ...... 21 5.0 Impact Analysis and Mitigation Measures ...... 22 5.1 Special-Status Species ...... 22 5.2 Sensitive Plant Communities...... 24 5.3 Jurisdictional Waters and Wetlands ...... 25 5.4 Wildlife Movement ...... 26

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5.5 Local Policies and Ordinances ...... 26 5.6 Adopted or Approved Plans ...... 27 5.7 Cumulative Impact Analysis ...... 27 6.0 Limitations, Assumptions, and Use Reliance...... 28 7.0 References ...... 29 8.0 List of Preparers ...... 31

Tables

Table 1. Special-Status Species with Potential to Occur in Project Area

Figures

Figure 1. Regional Location Figure 2. USDA Soils Map Figure 3. Biological Resources Figure 4. CNDDB 2 Mile Occurrence Figure 5. Impacts

Appendix Appendix A Site Photographs Appendix B Observed Species Compendium Appendix C Tentative Parcel Map dated January 16, 2016

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1.0 INTRODUCTION

This report documents the findings of a Biological Resources Assessment (BRA) conducted by Rincon Consultants, Inc. (Rincon) for the Indian Grove Development Project, located in the City of Oceanside (City), California. The purpose of this report is to document the existing conditions of the survey area and to evaluate the potential for impacts to special-status biological resources for compliance with the California Environmental Quality Act (CEQA) review process.

1.1 PROJECT LOCATION AND DESCRIPTION

The project site is located within the Morro Hills neighborhood of the City of Oceanside. Specifically, the site is situated just northeast of the intersection of Sleeping Indian Road and Grove View Road. The site is flanked by Grove View Road and agricultural fields to the east, private properties to the west and south of the site, and more agricultural fields and private property to the north. The survey area is depicted in Township 10 South, Range 4 West, and Section 26 of the U.S. Geological Survey (USGS) Morro Hill, California 7.5-minute topographic quadrangle (Figure 1). The project area lies within an Agricultural Exclusion Zone as reflected in the North County Multiple Habitat Conservation Program, Oceanside Subarea Plan (City of Oceanside 2010).

The proposed project will include the grading and development of a three separate residential lots on approximate 8 acre property split from a larger parcel (APN 122-310-11). The homes will range from 3,630 to 4,775 square feet on approximately 2.5 acres of land each. Two of the homes will be single story and one house will be two-stories, each with three car garages and other extensive outdoor amenities. The project will also involve the establishment of a 10-foot wide rock lined channel along an existing drainage for flood control purposes. Project descriptions in this report are based on the City of Oceanside Tentative Parcel Map dated January 16, 2016.

The proposed project is located within the Oceanside Subarea Habitat Conservation Plan/Natural Community Conservation Plan (hereafter, SAP and/or Plan). This Plan is a Natural Community Conservation Plan (NCCP) and a Habitat Conservation Plan (HCP) pursuant to Section 10(a) of the ESA (as amended) and is discussed in greater detail in Section 4.5.

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Indian Grove Project Biological Resources Technical Report

^_

P A C I F I C O C E A N

0 2.5 5 Miles

Imagery provided by ESRI and its licensors © 2016. ± ^_ Project Location Basemap Source: ESRI Data, 2004, and USGS/CDFG, 2002.

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Regional Location Figure 1 nVision Development, Inc. Indian Grove Project Biological Resources Technical Report

2.0 METHODOLOGY

2.1 REGULATORY OVERVIEW

Regulated or sensitive resources studied and analyzed herein include special-status plant and wildlife species, nesting birds and raptors, sensitive plant communities, jurisdictional waters and wetlands, wildlife movement, and locally protected resources, such as protected trees.

2.1.1 Environmental Statutes

For the purpose of this report, potential impacts to biological resources were analyzed based on the following statutes:

 California Environmental Quality Act (CEQA)  Federal Endangered Species Act (ESA)  California Endangered Species Act (CESA)  Federal Clean Water Act (CWA)  California Fish and Game Code (CFGC)  Migratory Bird Treaty Act (MBTA)  The Bald and Golden Eagle Protection Act  Porter-Cologne Water Quality Control Act  North County Multiple Habitat Conservation Program (MHCP)  San Diego Association of Governments (SANDAG) Multiple Habitat Conservation Plan City of Oceanside Subarea Plan

2.1.2 Guidelines for Determining CEQA Significance

The following threshold criteria, as defined by the City’s CEQA Guidelines Initial Study Checklist, were used to evaluate potential environmental effects. Based on these criteria, the proposed project would have a significant effect on biological resources if it would:

a) Have substantial adverse effects, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service.

b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service.

c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc…) through direct removal, filling, hydrological interruption, or other means.

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d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites.

e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance.

f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan.

2.2 LITERATURE REVIEW

Prior to the field survey, Rincon conducted a literature review to better characterize the nature and extent of biological resources on and within 2 miles of the proposed project. The literature review included an evaluation of current and historical aerial photographs of the site (Google Earth 2016), regional and site specific topographic maps (Morro Hill, California USGS 7.5-minute topographic quadrangle), geologic maps, climatic data, and other available background information. The California Natural Diversity Data Base (CNDDB), Biogeographic Information and Observation System (BIOS – http://www.bios.dfg.ca.gov), United States Fish and Wildlife Service (USFWS) Critical Habitat Portal (http://criticalhabitat.fws.gov), and the San Diego Association of Governments SANGIS interactive mapper (http://sdgis.sandag.org/), were reviewed to determine if any special-status wildlife, plant or vegetation communities were previously recorded. The National Wetlands Inventory (NWI) (United States Department of the Interior, Fish and Wildlife Service 2016) was reviewed to determine if any wetland and/or non- wetland waters had been previously documented and mapped on or in the vicinity of the proposed survey area. Other resources included the California Native Plant Society (CNPS) online Inventory of Rare and Endangered Plants of California (2016), California Department of Fish and Wildlife (CDFW) Special Animals List (October 2016), and CDFW Special Vascular Plants, Bryophytes, and Lichens List (October 2016).

2.3 FIELD RECONNAISSANCE SURVEY

Rincon Biologists Jillian Moore and Lily Sam conducted a biological resource survey on December 8, 2016, between the hours of 0830 and 1330. The survey was conducted to assess the habitat suitability for potential special-status species, map existing vegetation, map any sensitive biological resources currently onsite, note the presence of potential jurisdictional waters or wetlands, document any wildlife connectivity/movement features, and record all observations of plant and wildlife species.

The survey area consisted of approximately 8 acres (proposed project area) of fallow orchard land between Sleeping Indian Road and the southern end of Grove View Road. The field biologists surveyed the area on foot and resources were mapped using a Global Positioning Devise (GPS) Trimble Geo 7X with a range finder. Where portions of the survey area were inaccessible on foot (e.g., dense vegetation), the biologists visually inspected these areas with binoculars (10 x 40). Weather conditions during the survey included temperatures of 58-73

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degrees Fahrenheit (°F), with winds between 0 and 3 miles per hour (mph) and 0%-10% cloud cover. Photographs of the survey area are included as Appendix A.

2.3.1 Vegetation Mapping

Vegetation communities observed on-site were mapped on a site-specific aerial photograph and using a GPS Trimble Geo 7X. Vegetation classification was based on the classification systems provided in the Draft Vegetation Communities of San Diego County (Oberbauer, Thomas, Meghan Kelly, and Jeremy Buegge (March 2008) (Draft VCSDC); and modified as appropriate to reflect the existing site conditions.

2.3.2 Flora

No focused surveys for special-status plants were conducted; however, all plant species observed on the property were noted and plants that could not be identified in the field were identified later using taxonomic keys. Floral nomenclature for native and non-native plants follows Baldwin et al. (2012) as updated by The Jepson Online Interchange (University of California, Berkeley 2014). All plant species recorded onsite are included as Appendix B.

2.3.3 Fauna

No focused surveys for special-status wildlife were conducted; however, all wildlife species observed directly or detected from calls, tracks, scat, nests, or other sign were documented. The detection of wildlife species was limited by seasonal and temporal factors. The survey was conducted in late fall; therefore, potentially occurring spring or winter migrants may not have been observed. As the survey was performed during the day, identification of nocturnal animals was limited to sign if present on-site. Zoological nomenclature for birds is in accordance with the American Ornithologists’ Union Checklist (2016); for mammals, Wilson & DeeAnn M. Reeder (2005); and for amphibians and reptiles, Crother (2012). All wildlife species recorded during the survey are included as Appendix B.

2.4 FOCUSED SURVEYS

2.4.1 Jurisdictional Delineation

The field survey also included a jurisdictional waters and wetlands delineation. Waters and wetlands potentially subject to the United States Army Corps of Engineers (USACE) jurisdiction, were delineated in accordance with the USACE’s Wetlands Delineation Manual (1987), Guidelines for Jurisdictional Determinations for Waters of the United States in the Arid Southwest (2001), Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (USACE 2008), and Jurisdictional Determination Form Instructional Guidebook (2007). California Department of Fish and Wildlife (CDFW) jurisdiction was delineated in accordance with Section 1602(a) of the California Fish and Game Code. In the field, the site was inspected for drainage features exhibiting jurisdictional characteristics such as a defined bed, banks, or channel, ordinary high water mark (OHWM), or other potential wetland indicators.

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The centerline of the drainages were mapped using a Trimble Geo 7X (capable of sub-meter accuracy with a rangefinder) and channel width at the OHWM and top-of-bank were measured at several representative locations using transect tape and the rangefinder. The limits of CDFW jurisdiction were mapped to the outer edge of the stream-associated vegetation, or at the edge of the well-defined bank where no changes in vegetation were evident.

Three soil pits were excavated to a depth of 18 inches, and were inspected for indicators of wetland hydrology (standing water, saturated soil, etc.) and hydric soils (colors or features in the soil profile indicative of reducing conditions). A Routine Wetland Delineation Data Form was completed in accordance with USACE (1987, 2008a) methods. The excavation points were cited in the bottom of the channel and nearby on the adjacent terrace, which appeared to be the likeliest areas to exhibit wetland characteristics based on landscape position, local topography, and hydrological indicators. Soils were characterized using a Munsell soil color chart. Vegetation at the sample location was identified and evaluated for predominance of hydrophytic species.

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3.0 EXISTING CONDITIONS

3.1 PHYSICAL CHARACTERISTICS

The survey area is located within the Peninsular Range approximately 10 miles from the Pacific Ocean. It is in a Mediterranean climate characterized by mild, dry summers and wet winters. Average temperatures near Oceanside range from approximately 44–74°F, and the area generally receives an average rainfall of less than 11 inches per year (Western Regional Climate Center 2010). According to the SAP, the survey area is within an Agricultural Exclusion Zone. Much of the surrounding area has been developed for agricultural or residential uses. The project site, specifically, was previously utilized as an avocado and citrus orchard and much of the ground cover within survey area consists of fill, mulch and invasive plant species, or bare ground.

Topography consists of gently sloping areas on the eastern portion of the property where it is bisected by a small riparian area. The western portion of the survey area consists of a slightly elevated hillside. Elevations range from approximately 255 feet above mean sea level (AMSL) to approximately 355 feet AMSL.

3.1.1 Soils

Based on the most recent soil survey (USDA, NRCS 2016), the site consists primarily of the four soil types listed below (Figure 2):

 BID2 – Bonsall sandy loam, 9 to 15 percent slopes  CIG2 – Cieneba course sandy loam, 30 to 65 percent slopes  CID2 – Cieneba course sandy loam, 5 to 15 percent slopes  VaB – Visalia sandy loam, 2 to 5 percent slopes

Soils of the Bonsall series consist of moderately well-drained; very slow permeability soils with medium runoff. Generally, this soil series are used mainly for range or for growing grain or grain hay and to a limited extent irrigated citrus and truck crops. Naturalized vegetation is mainly annual forbs and grasses.

Soils of the Cieneba series consists of excessively drained, very shallow to shallow coarse sandy loams. These soils formed in materials weathered in place from granitic rock. These soils are used mainly for avocados, range, wildlife habitat, recreational areas and watershed. Small areas are used for citrus.

Soils of the Visalia series consists of moderately well drained, very deep sandy loams derived from granitic alluvium with slow runoff and slight erosion hazard. This Visalia soil is used for avocados, citrus, truck crops, tomatoes, flowers, walnuts, pasture, and nursery rock.

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ClG2

Sleeping Indian Rd

VaB

BlD2 Grove View Rd ClD2

Project Site Soils Las Tunas Dr Sleeping Indian Rd BID2 - Bonsall sandy loam, 9 to 15 percent slopes

CIG2 - Cieneba coarse sandy loam, 30 to 65 percent slopes

CID2 - Cieneba coarse sandy loam, 5 to 15 percent slopes

VaB - Visalia sandy loam, 2 to 5 percent slopes 0 75 150 Feet ± Imagery provided by Google and its licensors © 2016; Additional data provided by USDA, 2016. USDA Soils Map Figure 2 nVision Development, Inc. Indian Grove Project Biological Resources Technical Report

3.1.2 Watershed and Drainages

The San Luis Rey River Watershed is located in northern San Diego County, and is the largest watershed in the City. It is bordered to the north by the Santa Margarita River Watershed and to the south by the Carlsbad and San Dieguito River Watersheds. The San Luis Rey River originates in the Palomar and Hot Springs Mountains, at approximately 6,000 feet AMSL.

The survey area has one primary drainage that runs through the entirety of the survey area from the northeast to southwest. There is also a storm drain from Grove View Road that meets the main drainage and continues south (Figure 3). The primary drainage likely conveys storm water flow from the west side of Grove View Road which is north and upslope from the survey area. The adjoining storm drain likely conveys stormwater and agricultural irrigation runoff from the east side of Grove View Road via a culvert under the road. The drainages were dry at the time of the survey.

The primary drainage is bisected by a dirt road. At least one metal culvert is present under the road, but has been filled with sediment, and subsequently there is little indication of a bank or OHWM in this area.

These drainages ultimately convey flows to the San Luis Rey River during high flow storm events.

3.1.3 Vegetation

Three main habitats occur within the survey area: southern willow scrub, disturbed habitat, and non-vegetated channel, as identified in the Draft VCSDC. A total of 22 vascular plant species, consisting of 8 native species (36%), and 14 non-native species (64%), were recorded during the survey (Appendix B).

Southern Willow Scrub. Southern willow scrub is a riparian community typically consisting of dense thickets dominated by willow (Salix spp.) shrubs. This community occurs throughout southern California in drainage channels, and may develop into southern cottonwood-willow riparian forest in the absence of frequent flooding and the presence of adequate water. Most stands lack understory development due to dense canopy coverage. This community is often found in a variety of wetland habitats, often where disturbance has occurred.

Approximately 0.812 acre of southern willow scrub occurs within the survey area. This vegetation community meets the minimum percentage of canopy coverage to be considered southern willow scrub, and is associated with the drainage feature that channels intermittent storm flows and agricultural run-off from north to south through the property. Onsite, the southern willow scrub community is dominated by red willow (Salix laevigata) intermixed with less dominant non-native species including salt cedar (Tamarix ramosissima), and Mexican fan palm (Washingtonia robusta). The understory of this community is dominated by castor bean (Ricinus communis). Limited patches of mulefat (Baccharis salicifolia), wild cucumber (Marah

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!

Sleeping Indian Rd

! Grove View Rd

Project Site Jurisdictional Waters Agricultural Exclusion Zone ACOE Non-Wetland Waters (Riverine) / RWQCB Waters of the State* ! Culverts CDFW Non-Vegetated Streambed Vegetation Communities (NWI R4SBC)* Disturbed Habitat CDFW Riparian Habitat (Southern Southern Willow Scrub Las Tunas Dr Sleeping Indian Rd Willow Scrub) *Potential jurisdictional resources are approximate 0 60 120 Feet ± Imagery provided by Google and its licensors © 2016.

Biological Resources Figure 3 nVision Development, Inc. Indian Grove Project Biological Resources Technical Report

macrocarpus), fennel (Foeniculum vulgare) and scattered ornamental species such as aloe yucca (Yucca aloifolia) were also present.

Disturbed Habitat. The Draft VCSDC classifies areas of disturbed habitat as areas that have been physically disturbed (by previous legal human activity) and are no longer recognizable as native or naturalized vegetation association, but continues to retain a soil substrate.

Approximately 7 acres of disturbed habitat occurs within the survey area. These areas are mostly dominated by black mustard (Brassica nigra) and bare ground, but also include non- native and ornamental species such as Russian thistle (Salsola tragus), Peruvian pepper trees (Schinus molle), avocado trees (Persea americana), citrus trees (Citrus spp.), Mexican fan palms, castor bean, century plant (Agave americana), Aloe yucca, red-stemmed filaree (Erodium cicutarium), hottentot fig (Carpobrotus edulis), and tree tobacco (Nicotiana glauca). There were also sparse patches of native vegetation that included coyote brush (Baccharus pilularis), coast prickley pear (Opuntia littoralis), mulefat, laurel sumac (Malosma laurina), blue elderberry (Sambucus nigra caerulea), and coast live oak (Quercus agrifolia), but not in sufficient density or coverage to constitute a distinct vegetation community.

Non-vegetated Channel. The Draft VCSDC classifies areas of non-vegetated channel as waterways or flood channels that are sandy, gravelly, or have rocky fringe. The area is un- vegetated on a permanent basis where variable water lines inhibit the growth of vegetation.

Approximately 0.11 acre of non-vegetated channel habitat occurs within the project site. These areas are void of any significant vegetation.

3.3 GENERAL WILDLIFE

A list of the wildlife species observed during survey is provided in Appendix B. The majority of the species detected during the biological surveys were birds. Common species observed include Cooper’s hawk (Accipiter cooperi), red-tailed hawk (Buteo jamaicensis), American crow (Corvus brachyrhynchos), western scrub-jay (Aphelocoma californica), bushtit (Psaltriparus minimus), California towhee (Melozone crissalis), lesser goldfinch (Spinus psaltria) house finch (Carpodacus mexicanus), white-crowned sparrow (Zonotrichia leucophrys), Anna’s hummingbird (Calypte anna), killdeer (Charadrius vociferous) and greater roadrunner (Geococcyx californianus). One reptile, western fence lizard (Sceloporus occidentalis), was observed within the project site and one mammal species was detected, domesticated dog (Canis lupis familiaris).

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4.0 SENSITIVE BIOLOGICAL RESOURCES

Local, state, and federal agencies regulate special-status species and require an assessment of their presence or potential presence to be conducted on-site prior to the approval of any proposed development on a property. This section discusses sensitive biological resources observed in the survey area, and evaluates the potential for the proposed project site to support sensitive biological resources. Assessments for the potential occurrence of special-status species are based upon known ranges, habitat preferences for the species, species occurrence records from the CNDDB (Figure 4), or species occurrence records from other sites in the vicinity of the survey area. The potential for each special-status species to occur in the survey area was evaluated according to the following criteria:

 No Potential. Habitat on and adjacent to the site is clearly unsuitable for the species requirements (foraging, breeding, cover, substrate, elevation, hydrology, plant community, site history, disturbance regime).

 Low Potential. Few of the habitat components meeting the species requirements are present, and/or the majority of habitat on and adjacent to the site is unsuitable or of very poor quality. The species is not likely to be found on the site.

 Moderate Potential. Some of the habitat components meeting the species requirements are present, and/or only some of the habitat on or adjacent to the site is unsuitable. The species has a moderate probability of being found on the site.

 High Potential. All of the habitat components meeting the species requirements are present and/or most of the habitat on or adjacent to the site is highly suitable. The species has a high probability of being found on the site.

 Present. Species is observed on the site or has been recorded (e.g., CNDDB, other reports) on the site recently (within the last 5 years). 4.1 SPECIAL-STATUS SPECIES

Sensitive wildlife species include those that are federally or state listed as endangered or threatened, California Species of Special Concern or Fully Protected Species, and/or listed on the CDFW Special Animals List. No sensitive wildlife species were observed during the field survey. Table 1, below, provides a list of sensitive wildlife species recorded by the CNDDB within 2 miles of the project site. The CNDDB review area was limited to 2 miles from the proposed project. A larger review area would include habitat areas within Camp Pendleton as well as a larger area of the San Luis Rey River, and would exponentially increase the number of special-status species that are not likely to occur within the highly fragmented ecosystem in which the project site occurs.

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2 6 16

3 3

7

7 3 7 3 3

7 10

7 16

16

13 11 18 19 7

3 17 11

15 18 9 11 11 11 3

4 5

19 3 18 12 15 8 1

14

16 0 0.375 0.75 Miles ± Imagery provided by ESRI and its licensors © 2016. Special status species data source: California Natural Diversity Database, December, 2016. Critical habitat data source: U.S. Fish and Wildlife Service, June, 2016. Final critical habitat acquired via the USFWS Critical Habitat Portal. It is only a general representation of the data and does not include all designated critical habitat. Contact USFWS for more specific data.

Project Location Final Critical Habitat 1 - California least tern 11 - San Diego ambrosia 2 - coast horned lizard 12 - southern California rufous-crowned sparrow 2-Mile Buffer Arroyo toad 3 - coastal California gnatcatcher 13 - Southern Cottonwood Willow Riparian Forest 4 - coastal whiptail 14 - Southern Riparian Forest CNDDB Coastal California gnatcatcher 5 - Cooper's hawk 15 - southwestern willow flycatcher Animals 6 - hoary bat 16 - Stephens' kangaroo rat Least Bell's vireo 7 - least Bell's vireo 17 - tricolored blackbird Plants 8 - light-footed clapper rail 18 - yellow-breasted chat San Diego ambrosia Natural Communities 9 - orange-throated whiptail 19 - yellow warbler Southwestern willow 10 - Parry's tetracoccus flycatcher

Sensitive Elements Reported in the California Natural Diversity Database and Federally Designated Critical Habitats Located within 2 miles Figure 4 nVision Development, Inc. Indian Grove Project Biological Resources Technical Report

Table 1. Special-Status Species with Potential to Occur in Project Area

Potential to Scientific Name Habitat Suitability/ Statusa Habitat Requirements Occur in Common Name Observationsb Project Area Plants Abronia villosa var. No suitable habitat or soils None/None aurita Chaparral, coastal scrub, desert dunes. present. Area is heavily G5T2T3 / S2 None chaparral sand- Sandy areas. 75-1600 m. disturbed due to past land 1B.1 verbena uses.

Chaparral, coastal scrub, valley and No suitable habitat or soils foothill grassland. Sandy loam or clay present. Area is heavily Endangered/None Ambrosia pumila soil; sometimes alkaline. In valleys; disturbed due to past land G1 / S1 None San Diego ambrosia persists where disturbance has been uses. No CNDDB occurrence 1B.1 superficial. Sometimes on margins or north of the San Luis Rey near vernal pools. 3-580 m. river.

No suitable habitat or soils Arctostaphylos None/None Chaparral. Usually found in gabbro present. Area is heavily rainbowensis G2 / S2 None chaparral. 100-870 m. disturbed due to past land Rainbow manzanita 1B.1 uses. No suitable habitat or soils None/None Coastal scrub, coastal bluff scrub, Atriplex pacifica present. Area is heavily G4 / S2 playas, coastal dunes. Alkali soils. 1- None South Coast saltscale disturbed due to past land 1B.2 400 m. uses. Chaparral (openings), cismontane woodland, coastal scrub, playas, valley Threatened/ and foothill grassland, vernal pools. No suitable habitat or soils Brodiaea filifolia Endangered Usually associated with annual present. Area is heavily thread-leaved None G2 / S2 grassland and vernal pools; often disturbed due to past land brodiaea 1B.1 surrounded by shrubland habitats. uses. Occurs in openings on clay soils. 15- 1020 m.

Vernal pools, valley and foothill grassland, closed-cone coniferous No suitable habitat or soils None/None forest, cismontane woodland, chaparral, Brodiaea orcuttii present. Area is heavily G2 / S2 meadows and seeps. Mesic, clay None Orcutt's brodiaea disturbed due to past land 1B.1 habitats; sometimes serpentine; usually uses. No vernal pools on site. in vernal pools and small drainages. 30- 1615 m.

Valley and foothill grassland, coastal No suitable habitat or soils Camissoniopsis lewisii None/None bluff scrub, cismontane woodland, present. Area is heavily Lewis' evening- G4 / S4 None coastal dunes, coastal scrub. Sandy or disturbed due to past land primrose 3 clay soil. 0-300 m. uses.

Marshes and swamps (margins), valley No suitable soils present. and foothill grassland, vernal pools. Centromadia parryi None/None Area is heavily disturbed due Often in disturbed sites near the coast at ssp. australis G3T2 / S2 None to past land uses. No marsh edges; also in alkaline soils southern tarplant 1B.1 marshes, swamps, or vernal sometimes with saltgrass. Sometimes pools present on site. on vernal pool margins. 0-975 m.

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Potential to Scientific Name Habitat Suitability/ Statusa Habitat Requirements Occur in Common Name Observationsb Project Area

Valley and foothill grassland, chenopod Centromadia pungens None/None scrub, meadows and seeps, playas, No suitable soils present. ssp. laevis G3G4T2 / S2 riparian woodland. Alkali meadow, alkali None Area is heavily disturbed due smooth tarplant 1B.1 scrub; also in disturbed places. 5-1170 to past land uses. m.

Convolvulus simulans None/None Chaparral, coastal scrub, valley and No suitable habitat or soils small-flowered G4 / S4 foothill grassland. Wet clay, serpentine None present. Project area is morning-glory 4.2 ridges. 30-700 m. highly disturbed.

Chaparral, cismontane woodland, No suitable habitat or soils Dichondra occidentalis None/None G3G4 coastal scrub, valley and foothill present. Area is heavily None western dichondra / S3S4 4.2 grassland. On sandy loam, clay, and disturbed due to past land rocky soils. 50-500 m. uses.

No suitable habitat or soils Dudleya multicaulis None/None Chaparral, coastal scrub, valley and present. Area is heavily many-stemmed G2 / S2 foothill grassland. In heavy, often clayey None disturbed due to past land dudleya 1B.2 soils or grassy slopes. 15-790 m. uses.

Eryngium No suitable habitat or soils None/None Coastal bluff scrub, valley and foothill pendletonense present. Project area is G1 / S1 grassland, vernal pools. Clay. Vernally None Pendleton button- highly disturbed. No vernal 1B.1 mesic sites. 20-30 m. celery pools or grasslands present.

No suitable habitat or soils Valley and foothill grassland, vernal None/None present. Area is heavily Hordeum intercedens pools, coastal dunes, coastal scrub. G3G4 / S3S4 None disturbed due to past land vernal barley Vernal pools, dry, saline streambeds, 3.2 uses. No vernal pools or alkaline flats. 5-1000 m. grasslands present.

Juncus acutus ssp. No suitable habitat or soils None/None Salt marshes, alkaline seeps, coastal leopoldii present. Area is heavily G5T5 / S4 dunes (mesic sites). Moist saline places. None southwestern spiny disturbed due to past land 4.2 3-900 m. rush uses.

Lepidium virginicum No suitable habitat or soils None/None var. robinsonii Chaparral, coastal scrub. Dry soils, present. Area is heavily G5T3 / S3 None Robinson's pepper- shrubland. 1-885 m. disturbed due to past land 4.3 grass uses. No suitable habitat or soils Pseudognaphalium None/None Riparian woodland, cismontane present. Area is heavily leucocephalum G4 / S2 woodland, coastal scrub, chaparral. None disturbed due to past land white rabbit-tobacco 2B.2 Sandy, gravelly sites. 35-515 m. uses. No suitable habitat or soils Tetracoccus dioicus None/None Chaparral, coastal scrub. Stony, present. Area is heavily None Parry's tetracoccus G3? / S2 1B.2 decomposed gabbro soil. 165-1000 m. disturbed due to past land uses. Birds

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Potential to Scientific Name Habitat Suitability/ Statusa Habitat Requirements Occur in Common Name Observationsb Project Area

Woodland, chiefly of open, interrupted or None/None marginal type. Nest sites mainly in Accipiter cooperii Pair observed on site during G5 / S4 riparian growths of deciduous trees, as Present Cooper's hawk survey. WL in canyon bottoms on river flood-plains; also, live oaks.

Highly colonial species, most numerous None/Candidate in Central Valley & vicinity. Largely No suitable roosting or Agelaius tricolor Threatened endemic to California. Requires open None foraging habitat is available tricolored blackbird G2G3 / S1S2 water, protected nesting substrate, & within the survey area. SSC foraging area with insect prey within a few km of the colony.

Aimophila ruficeps canescens Resident in Southern California coastal None/None No suitable habitat present sage scrub and sparse mixed chaparral. G5T3 / S2S3 Low on site but may occur as a southern California Frequents relatively steep, often rocky WL vagrant species. rufous-crowned hillsides with grass & forb patches. sparrow No suitable habitat present. A small riparian area is present but isolated and habitat is low Empidonax traillii Endangered / quality for foraging or extimus Endangered nesting. The available habitat Riparian woodlands in Southern G5T2 / S1 None within the survey area has California. southwestern willow minimal canopy cover, no flycatcher thickets, lacks vertical structure, and is isolated from any connectivity to areas with higher quality habitat. None to marginal suitable nesting habitat present. Not Summer resident; inhabits riparian likely to occur. The available thickets of willow & other brushy tangles None/None habitat within the survey area Icteria virens near watercourses. Nests in low, dense G5 / S3 Low has minimal canopy cover, yellow-breasted chat riparian, consisting of willow, blackberry, SSC no thickets, lacks vertical wild grape; forages and nests within 10 structure, and is isolated from ft of ground. any connectivity to areas with higher quality habitat. No suitable nesting habitat present. Obligate species Obligate, permanent resident of coastal requires coastal sage scrub Polioptila californica sage scrub below 2500 ft in Southern habitat. The habitat on site is californica Threatened/None California. Low, coastal sage scrub in marginal and does not G4G5T2Q / S2 None arid washes, on mesas & slopes. Not all contain characteristic natives coastal California SSC areas classified as coastal sage scrub of coastal sage scrub gnatcatcher are occupied. community. Not likely to occur. None detected during survey.

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Potential to Scientific Name Habitat Suitability/ Statusa Habitat Requirements Occur in Common Name Observationsb Project Area

Found in salt marshes traversed by tidal sloughs, where cordgrass and Rallus longirostris Endangered/ pickleweed are the dominant vegetation. levipes Endangered No suitable habitat present. Requires dense growth of either None light-footed clapper G5T1T2 / S1 None detected during survey. pickleweed or cordgrass for nesting or rail FP escape cover; feeds on molluscs and crustaceans.

Low quality nesting or foraging habitat is present on Riparian plant associations in close site. The available habitat proximity to water. Also nests in within the survey area has None/None montane shrubbery in open conifer Setophaga petechia minimal canopy cover, no G5 / S3S4 forests in Cascades and Sierra Nevada. Low yellow warbler thickets, lacks vertical SSC Frequently found nesting and foraging in structure, and is isolated from willow shrubs and thickets, and in other any connectivity to areas with riparian plants including co higher quality habitat. May occur as vagrant species.

Nests along the coast from San Endangered/ Francisco Bay south to northern Baja Sternula antillarum Endangered California. Colonial breeder on bare or No suitable habitat present. browni None G4T2T3Q / S2 sparsely vegetated, flat substrates: sand None detected during survey. California least tern FP beaches, alkali flats, landfills, or paved areas. Marginal low quality habitat present in isolated patches. May occur as vagrant Summer resident of Southern California species. The available in low riparian in vicinity of water or in Endangered/ habitat within the survey Vireo bellii pusillus dry river bottoms; below 2000 ft. Nests Endangered Low area has minimal canopy least Bell's vireo placed along margins of bushes or on G5T2 / S2 cover, no thickets, lacks twigs projecting into pathways, usually vertical structure, and is willow, Baccharis, mesquite. isolated from any connectivity to areas with higher quality habitat. Reptiles

Inhabits low-elevation coastal scrub, One occurrence south of the Aspidoscelis chaparral, and valley-foothill hardwood San Luis Rey River. Not None/None hyperythra habitats. Prefers washes & other sandy likely to occur. Area is G5 / S2S3 Low orange-throated areas with patches of brush & rocks. heavily disturbed due to past WL whiptail Perennial plants necessary for its major land uses. None detected food-termites. during survey.

One occurrence south of the Found in deserts & semiarid areas with San Luis Rey River. Not Aspidoscelis tigris None/None sparse vegetation and open areas. Also likely to occur. Area is stejnegeri G5T5 / S3 found in woodland & riparian areas. Low heavily disturbed due to past coastal whiptail SSC Ground may be firm soil, sandy, or land uses. None detected rocky. during survey.

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Potential to Scientific Name Habitat Suitability/ Statusa Habitat Requirements Occur in Common Name Observationsb Project Area

Frequents a wide variety of habitats, most common in lowlands along sandy Not likely to occur. Area is None/None Phrynosoma blainvillii washes with scattered low bushes. heavily disturbed due to past G3G4 / S3S4 Low coast horned lizard Open areas for sunning, bushes for land uses. None detected SSC cover, patches of loose soil for burial, & during survey. abundant supply of ants & other insects.

Mammals

Primarily annual & perennial grasslands, No suitable habitat is but also occurs in coastal scrub & available within the project Endangered/ Dipodomys stephensi sagebrush with sparse canopy cover. area. Area is heavily Threatened None Stephens' kangaroo rat Prefers buckwheat, chamise, brome disturbed due to past land G2 / S2 grass & filaree. Will burrow into firm uses. Not likely to occur. soil. None detected during survey.

Prefers open habitats or habitat None/None mosaics, with access to trees for cover No suitable foraging or Lasiurus cinereus G5 / S4 & open areas or habitat edges for roosting habitat is available None hoary bat feeding. Roosts in dense foliage of on site. Not likely to occur medium to large trees. Feeds primarily within survey area on moths. Requires water.

Notes:

USFWS designations: State of California designations: Other Statuses: FE = Endangered SE = Endangered CDFW_SSC = California Species of Special Concern FT = Threatened ST = Threatened BLM_S = Bureau of Land Management Sensitive FC = Candidate SR = Rare FP = Fully Protected -- = No Federal Status SA = Special Animal USFS_S = United States Forest Service Sensitive C = Candidate USFWS_BCC = Birds of Conservation Concern -- = No State of CA Status WL = Watch List

CNPS Threat Ranks: 0.1= Seriously threatened in California (over 80 percent of occurrences threatened; high degree and immediacy of threat) 0.2 = Moderately threatened in California (20 to 80 percent of occurrences threatened; moderate degree and immediacy of threat) 0.3 = Not very threatened in California (less than 20 percent of occurrences threatened; low degree and immediacy of threat or no current threats known)

CNPS Rare Plant Ranks (CRPR): 1A = Plants Presumed Extirpated in California and Either Rare or Extinct Elsewhere 1B = Plants Rare, Threatened, or Endangered in California and Elsewhere

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4.1.1 Special-Status Plant Species

Critical habitat unit (Federal Register 75FR74546) for San Diego Ambrosia (Ambrosia pumila) occurs within 2 miles of the survey area, however critical habitat areas for this species are confined to native vegetation communities where the species is known to occur, and due to past land uses the species is not expected to occur within the survey area.

Table 1 lists the special-status plant species reported in the U.S. Geological Survey 7.5-minute Morro Hill quadrangle (CNPS occurrences), and a two-mile radius search (CNDDB occurrences) as well as plant species “covered” under the Oceanside Subarea Plan (Table 3-4, City of Oceanside 2010). This table also analyzes each of these special-status species’ occurrence or potential to occur based on known range, habitat associations, preferred soil substrate, life form, elevation, and blooming period.

No special-status plant surveys were conducted and no special-status plants were observed during any of the biological surveys. There are no special-status plant species with a moderate or high potential to occur within the project survey area and there is little to no potential for any special-status plants to occur on site due to the highly disturbed nature of the site and general lack of native vegetation within a majority of the site. None of the special-status plant species in the table are expected to occur; therefore no further analysis of these species in included in this report.

4.1.2 Special-Status Wildlife Species

Critical habitat for coastal California gnatcatcher (Polioptila californica californica), least Bell’s vireo (Vireo bellii pusillus), and southwestern willow flycatcher (Empidonax traillii extimus) occur along the San Luis Rey River, south and east of the survey area. Due to the disturbed nature and poor quality of riparian habitat there is little to no potential for least Bell’s vireo and southwestern willow flycatcher to nest within the survey area. The available habitat within the survey area has minimal canopy cover, no thickets, lacks vertical structure, and is isolated from any connectivity to areas with higher quality habitat Due to these factors, least Bell’s vireo and southwestern willow flycatcher are not expected to occur within the survey area.

Coastal California gnatcatchers may occupy native scrub habitat within the vicinity of survey area, but due to the disturbed nature of the site and surrounding land uses (residential and agricultural) there is little to no potential for the species to nest within the survey area. Critical habitat for Arroyo toad (Bufo californicus) also occurs along the San Luis Rey River, however no suitable habitat for the species occurs in the survey area and there are no known occurrences within two miles of the survey area.

No focused wildlife surveys were conducted and no special-status wildlife species were observed during any of the biological surveys. There is very low potential for any special-status wildlife species to occur on site due to the highly disturbed nature of the site and lack of vegetation. Table 1 lists occurrences of special-status wildlife species reported in a two-mile radius resulting from a CNDDB search (CDFW 201a), as well as special-status species “covered” under Oceanside Subarea Plan (Table 3-4, City of Oceanside 2010). The table also analyzes each

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of these special-status species’ occurrences or potential to occur based on known range, habitat associations, and elevation. Most the special-status species in Table 1 are either not expected to occur or have a low potential to occur; these species are not further analyzed in this report because no direct, indirect, or cumulative impacts are expected.

4.2 SENSITIVE PLANT COMMUNITIES

Special-status vegetation communities are those that are considered a sensitive natural community by CDFW (CDFG 2010) and/or that require mitigation, and thus considered sensitive, pursuant to the Oceanside Subarea Plan. Two sensitive plant communities were identified with the two-mile CNDDB search: Southern Cottonwood Willow Riparian Forest and Southern Riparian Forest, however neither of communities occurs within the survey area. No special-status vegetation communities occur within the survey area.

Riparian vegetation communities under the jurisdiction of CDFW are also considered special- status and are discussed further in Section 4.3.2.

4.3 JURISDICTIONAL WATERS AND WETLANDS

4.3.1 USACE AND SAN DIEGO RWQCB JURISDICTION

The unnamed drainages contain approximately 0.09 acre of non-wetland waters potentially subject to the jurisdiction of the USACE and RWQCB. The drainage width at the OHWM is fairly uniform and is approximately two feet. Due to the lack of hydrophytic vegetation, wetland hydrology, and/or hydric soils, no wetlands are present within or adjacent to the drainages.

4.3.2 CDFW JURISDICTION

CDFW jurisdictional limits of the on-site drainage were delineated at the outer edge of stream- dependent vegetation, where present, and by the edge of the channel where vegetation was absent. The unnamed drainage contains approximately 0.18 acre of non-vegetated streambed and 0.812 acre of riparian habitat. The width of the jurisdictional area averaged 4 feet.

Riparian vegetation present onsite is a mix of native and non-native species as described in section 3.1.3 of this report, and is likely sustained by agricultural irrigation runoff from the surrounding area. Due to the disturbed nature of the site, riparian areas serve little to no habitat function or ecosystem value for special-status species and are not likely to be utilized for any significant amount of time by riparian bird species.

4.4 WILDLIFE MOVEMENT

The project site does not provide for considerable wildlife movement or serve as an important habitat linkage. Wildlife movement is restricted through the site due to the highly developed agricultural and residential lands that occur and dominate the areas surrounding the site. Large mammals such as mule deer (Odocoileus hemionus) and mountain lion (Puma concolor) would not

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be expected to occur in this area due to the narrow corridor. The project area can support smaller terrestrial rodents, passerine birds, reptiles and invertebrates. The area has the potential to provide open space for raptors to forage nearby but due to the lack of habitat diversity, vegetation, and developed lands only a limited number of species could actually use this space.

The Oceanside Subarea Plan evaluated corridors within the Oceanside subarea, which were used to supplement the Multiple Habitat Conservation Program’s (MHCP) Biological Core and Linkage Area analysis (SANDAG 2003). The Oceanside Subarea Plan identifies Wildlife Corridor Planning Zones (WCPZ) in the Oceanside subarea; however, the project site is not located within these corridors (City of Oceanside 2010).

4.5 RESOURCES PROTECTED BY LOCAL POLICIES AND ORDINANCES

The SAP comprehensively addresses how the City will conserve natural biotic communities and sensitive plant and wildlife species pursuant to the NCCP Act and the ESA. This Plan is a NCCP and a HCP pursuant to Section 10(a) of the ESA (as amended). Thus, approval and adoption of this Plan by the City is intended to result in issuance of Federal and State permits for the take of certain listed rare, threatened, or endangered species. These permits will be granted to the City by the U.S. Fish and Wildlife Service (USFWS) and CDFW, collectively referred to as the Wildlife Agencies. The City, in turn, may then authorize the taking of natural habitats or associated species by public or private projects within its jurisdiction, as long as those biological resources are adequately conserved and managed by this Plan and the projects are consistent with and covered by the provisions of this Plan. This Plan is intended to lead to City-wide permits for the incidental take of sensitive species in conjunction with private development projects, public projects, and other activities, which are consistent with this Plan.

Fire breaks and fuel modification zones must be addressed in accordance with the City’s Fire Ordinance and must be considered part of the development footprint for determining project impacts and mitigation requirements. Fuel breaks and fuel modification zones shall not be permitted in biological and planning buffers, and cannot be counted as biological open space for the purpose of determining onsite or offsite mitigation credit. Additionally, use of grazing animals (e.g., goats) to thin or clear vegetation for the purposes of fuel management will be subject to approval by the Wildlife Agencies. As a note, no specific municipal ordinances were found within Oceanside’s SAP or the County of San Diego that protects the removal of trees on private property.

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5.0 IMPACT ANALYSIS AND MITIGATION MEASURES

The proposed project will involve the grading and development of 3 residential homes on approximately 2.5 acres of land each, as well as the establishment of a 10-foot wide rock lined channel along an existing drainage for flood control purposes (Figure 5). Figure 5 reflects the extent of the disturbance area for grading and construction of the residential lots, brush management and fuel breaks, and the flood control channel based on the Tentative Parcel Map dated January 16, 2016, which is included in this report as Appendix C. The following sections describe the potential for the proposed project to result in significant impacts as required under CEQA.

5.1 SPECIAL-STATUS SPECIES

The proposed project would have a significant effect on biological resources if it would:

a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service.

No special-status wildlife species were detected during the biological survey. One pair of Coopers hawks (Accipiter cooperii) were observed in the survey area and the survey area has the potential to support special-status nesting birds including raptors. Therefore, the project could adversely affect raptors and other nesting birds if construction occurs while they are present on or adjacent to the site through direct mortality or abandonment of nests. The loss of a nest due to construction activities would be a violation of CFGC Section 3503, 3503.5, 3511, 3513 and 3800 and the MBTA.

If construction of the proposed project will result in the removal or trimming of trees and shrubs during the general nesting bird season (January 15-September 1) it could result in impacts to nesting birds in violation of the CFGC and MBTA. This impact would be considered significant without mitigation and in violation of the CFGC and MBTA.

In order to avoid potentially significant impacts to avian species protected by CFCG and/ or MBTA, the following measures are recommended prior to construction:

 A raptor nest survey should be conducted prior to the removal of vegetation to identify potential raptor nests.

 If possible, trees or shrubs that would be affected by project construction shall be removed during the non-nesting season (between September 1st and January 15th).

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!

Sleeping Indian Rd

! Grove View Rd

Project Site ACOE Non-Wetland Waters (Riverine) / Approximate RWQCB Waters of the State* Development CDFW Non-Vegetated Streambed Footprint (NWI R4SBC)* ! Culverts CDFW Riparian Habitat (Southern Willow Scrub) Disturbed Habitat

Las Tunas Dr 0 60 120 SleepingFeet Indian Rd ± *Potential jurisdictional resources are approximate Imagery provided by Google and its licensors © 2016.

Impacts Figure 5 nVision Development, Inc. Indian Grove Project Biological Resources Technical Report

 If removal of trees and shrubs is to be done during the nesting season (January 15th to August 31st), all trees and other suitable nesting habitat within the limits of work shall be surveyed by a qualified, City-approved biologist prior to initiating construction related activities. A pre-construction survey would be conducted within 10 days prior to the start of work the results of which must be submitted to the City for review and approval prior to initiating any construction activities.

 If nesting birds are detected by the City-approved biologist, the following buffers shall be established: 1) no work within 300 feet of a non-listed nesting migratory bird nest, and 2) no work within 500 feet of a listed bird or raptor nest. However, the City may reduce these buffer widths depending on site-specific conditions (e.g. the width and type of screening vegetation between the nest and proposed activity) or the existing ambient level of activity (e.g., existing level of human activity within the buffer distance). If construction must take place within the recommended buffer widths above, the project applicant will contact the City and Wildlife Agencies to determine the appropriate buffer.

A monitoring biologist shall be onsite during: a) initial clearing and grubbing of all native habitats; and b) project construction within 500 feet of preserved habitat to ensure compliance with all conservation measures. The biologist must be knowledgeable of the covered species biology and ecology. Implementation of this mitigation measure will reduce potential impacts to nesting birds to less than significant by avoiding both direct and indirect impacts to adults, nests, eggs, nestlings, and fledglings.

Due to previous land uses (orchard and agricultural practices) within the survey area, special- status plants species are not expected to occur, therefore, direct and indirect impacts to special- status plants are not anticipated.

5.2 SENSITIVE PLANT COMMUNITIES

The proposed project would have a significant effect on biological resources if it would:

b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service.

No special-status communities were detected in the survey area. Previous land uses included orchard and agricultural practices and vegetation present is predominately non-native or ornaments species, or bare ground.

Riparian vegetation communities under the jurisdiction of CDFW are also protected. The existing vegetation community within the proposed project development area meets the minimum canopy cover requirement to be described as southern willow scrub. Much of the dense understory consists of non-native invasive species, such as castor bean. Potentially

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significant impacts and mitigation for this vegetation community is discussed in Section 5.2 below.

5.3 JURISDICTIONAL WATERS AND WETLANDS

The proposed project would have a significant effect on biological resources if it would:

c) Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means.

The results of the jurisdictional delineation performed by Rincon mapped 0.09 acres of USACE non-wetland waters/ RWQCB “Waters of the State”, 0.18 acres of CDFW non-vegetated channel, and 0.81 acre of CDFW riparian habitat within the survey area. These waters are highly disturbed, and though some native vegetation is present, are primarily dry with intermittent flows fed by stormwater or agricultural run-off and are therefore not considered suitable habitat for fish or riparian species.

The proposed project will remove a majority of the jurisdictional water features within the survey area, however due to the disturbed nature; removal of riparian habitat could be potentially significant, but reduced to less than significant through implementation of mitigation described in further detail below, and in conformance with the SAP. Per the SAP, (Table 5-2, City of Oceanside, 2010) mitigation ratios for impacts to natural vegetation and habitat within the Agricultural Exclusion Zone can range from 1:1 to 3:1 depending on habitat quality and wetland or waters function.

Approximately 580.5 linear feet (0.13 acre) of USACE non-wetland waters, RWQCB waters of the state, and CDFW non-vegetated channel will be restored onsite through the establishment of a 10-foot wide rock lined channel for flood control purposes. Any remaining impacted acreage should be mitigated through the purchase of 0.20 acre at a ratio of 1:1 of non-wetland waters located within the San Luis Rey Mitigation Bank (also known as the Singh Property) located on the San Luis Rey River north of State Route 76 and south of North River Road in the City of Oceanside, San Diego County, California.

Southern willow scrub habitat within the survey area is of limited habitat quality with a dense understory of castor bean which is primarily fed by intermittent but frequent agricultural irrigation. The southern willow scrub habitat does not function as prime wildlife habitat, lacks species diversity and ecosystem function, and retention or preservation of this community would not provide any habitat of significant value. Therefore mitigation for impacts to CDFW riparian habitat at a ratio of 1:1 would be sufficient in reducing potential impacts to less than significant levels. Impacts to riparian habitats should be mitigated through the San Luis Rey River Mitigation Bank which would provide valuable habitat for specials-status riparian species.

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Alternatively, the proposed project may mitigate for impacts to riparian habitat onsite through a Habitat Mitigation and Monitoring Plan (HMMP) as part of the notification/permit application packages for project impacts to jurisdictional areas. The HMMP will include the following items: Responsible parties, Description of impacted areas requiring restoration, Mitigation requirements and goals, Implementation plan, Implementation schedule, Planting installation specifications, Graphic of restoration area locations and planting zones, Identification of plant palette, including locally indigenous native species, Identification of native seed sources for the restoration effort, Site preparation methods, Description of the proposed irrigation plan, Maintenance program, Schedule, activities, and methods, Weed management program and schedule, monitoring program and performance standards

These mitigation lands will be protected by conservation easements established in conjunction with the City’s review and approval process for development projects and shall be managed and monitored pursuant to the SAP. The development review and approval process is described in Section 6.3 of the SAP, and standards and guidelines for avoiding, minimizing, and mitigating project impacts, including the delineation and conservation of onsite habitat lands, are described in Section 5.2 of the SAP. Offsite conservation will be directed to the WCPZ, pre- approved Mitigation Area or other Wildlife Agency-approved mitigation areas in the City. All mitigation sites shall be designated as Preserve, be protected by conservation easements, have a permanent responsible party clearly designated, and be managed in perpetuity for their biological resources and value.

All impacts to riparian/wetland habitats and mitigation for such impacts must be reviewed and approved by Federal and State agencies with jurisdiction over these vegetation communities. However mitigation for impacts to waters and riparian habitats at 1:1 ratio will ensure no net- loss to waters and reduce potential impacts from the proposed project to less than significant levels.

5.4 WILDLIFE MOVEMENT

The proposed project would have a significant effect on biological resources if it would:

d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites.

The project site itself is not located within a movement corridor and is not expected to aid in the movement of wildlife species because of its close proximity to other disturbed and developed sites. Thus, implementation of the proposed project would not alter wildlife movement.

5.5 LOCAL POLICIES AND ORDINANCES

The proposed project would have a significant effect on biological resources if it would:

e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance

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The proposed project does not conflict with any local policies or ordinances and includes setback required for fuel and brush management.

5.6 ADOPTED OR APPROVED PLANS

The proposed project would have a significant effect on biological resources if it would:

f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan.

The proposed project is within the SAP within an Agricultural exclusion zone and outside of any preserve or conservation area. Potentially significant impacts to biological resources are analyzed within this report in accordance with the SAP, and therefore there are no conflicts with the SAP NCCP or HCP.

5.7 CUMULATIVE IMPACT ANALYSIS

Conversion of agricultural land uses to residential land uses has little cumulative impact on biological resources, as neither land use type provides substantial habitat for wildlife or native plants and vegetation communities. Conversion of land can result in loss of wildlife movement corridors, especially if replaced by dense residential uses. However the proposed project is surrounded by mixed rural residential and agricultural land uses, and is not likely to be utilized as a significant wildlife movement corridor for resident wildlife species.

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6.0 LIMITATIONS, ASSUMPTIONS, AND USE RELIANCE

This Biological Resources Technical Report has been prepared in accordance with professionally accepted biological investigation practices conducted at this time and in this geographic area. The biological investigation is limited by the scope of work performed. Biological surveys for the presence or absence of certain taxa have been conducted as part of this assessment but were not performed during a particular blooming period, nesting period, or particular portion of the season when positive identification would be expected if present, and therefore, cannot be considered definitive. The biological surveys are limited also by the environmental conditions present at the time of the surveys. In addition, general biological (or protocol) surveys do not guarantee that the organisms are not present and will not be discovered in the future within the site. In particular, mobile wildlife species could occupy the site on a transient basis, or re- establish populations in the future. Our field studies were based on current industry practices, which change over time and may not be applicable in the future. No other guarantees or warranties, expressed or implied, are provided. The findings and opinions conveyed in this report are based on findings derived from site reconnaissance, jurisdictional areas, review of CNDDB RareFind3, and specified historical and literature sources. Standard data sources relied upon during the completion of this report, such as the CNDDB, may vary with regard to accuracy and completeness. In particular, the CNDDB is compiled from research and observations reported to CDFW that may or may not have been the result of comprehensive or site-specific field surveys. Although Rincon believes the data sources are reasonably reliable, Rincon cannot and does not guarantee the authenticity or reliability of the data sources it has used. Additionally, pursuant to our contract, the data sources reviewed included only those that are practically reviewable without the need for extraordinary research and analysis.

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7.0 REFERENCES

American Ornithologists’ Union (AOU). 2016. Check-list of North American Birds. Retrieved from: http://www.aou.org/checklist/north/ (Accessed: December 2016)

Bowers, N., R. Bowers, & K. Kaufman. 2004. Mammals of North America.

Burt, W.H., and R.P. Grossenheider. 1980. A Field Guide to the Mammals of North American North of Mexico. The Peterson Field Guide Series.

Calflora. 2014. Information on wild California plants for conservation, education, and appreciation. Berkeley, CA. Updated online and accessed via: http://www.calflora.org/ (Accessed: December 2016).

California Department of Fish and Wildlife. 2016a. California Natural Diversity Database, Rarefind V. 3.1.0. (December 2016).

California Department of Fish and Wildlife. 2016b. Special Animals List. Biogeographic Data Branch, California Natural Diversity Database. July 2009.

California Department of Fish and Wildlife. 2016c. Biogeographic Information and Observation System (BIOS). Retrieved December 21, 2010 from http://bios.dfg.ca.gov

California Department of Fish and Wildlife. 2016d. Special Vascular Plants, Bryophytes, and Lichens List. Biogeographic Data Branch, California Natural Diversity Database. October 2010.

California Native Plant Society. 2016. Inventory of Rare and Endangered Plants. V.7-08c- Interim 8-22-02. Updated online and accessed via: http://cnps.web.aplus.net/cgi- bin/inv/inventory.cgi. (December 2016)

City of Oceanside. 2010. Multiple Species Conservation Program. City of Oceanside Subarea Plan.

Google Earth. 2016. Available at: http://earth.google.com/

Hickman, J.C. (Ed.). 1993. The Jepson Manual: Higher Plants of California. University of California Press. Berkeley, California.

Holland, Robert F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California. California Department of Fish and Wildlife, Nongame Heritage Program. 156 pgs.

Sawyer, J. O., T. Keeler-Wolf, and J.M. Evens. 2009. A Manual of California Vegetation, Second Edition. California Native Plant Society, Sacramento, California.

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Stebbins, R. C. 2003. A Field Guide to Western Reptiles and Amphibians. 2nd ed. Houghton- Mifflin Company. Boston, Massachusetts.

United States Department of Agricultural, Natural Resources Conservation Service. 2010a. Web Soil Survey. Accessed December , 2016. Available at: http://websoilsurvey.nrcs.usda.gov/app/.

United States Fish and Wildlife Service. 2016. National Wetlands Inventory. Retrieved from http://wetlands.fws.gov (December, 2016).

United States Department of Agriculture, Natural Resources Conservation Service. 2010b. Lists of Hydric Soils. National Cooperative Soil Survey, U.S. Department of Agriculture. Accessed via: http://soils.usda.gov/use/hydric/.

United States Fish and Wildlife Service. 1973. The Endangered Species Act of 1973, as amended (16 U.S.C 1531 et seq.).

United States Fish and Wildlife Service. 2000. Guidelines for Conducting and Reporting Botanical Inventories for Federally Listed, Proposed, and Candidate Plants. January 2000.

United States Fish and Wildlife Service. 2014. Critical Habitat Portal. Available at: http://criticalhabitat.fws.gov (December 2016)

United States Fish and Wildlife Service. 2010b. Federal Endangered and Threatened Species that Occur in or may be Affected by Projects in the Counties and/or U.S.G.S. 7 1/2 Minute Quads you requested. Available at: http://www.fws.gov/sacramento/es/spp_lists/auto_list.cfm

Western Regional Climate Center. 2010. Climate of California. Available at: http://www.wrcc.dri.edu/narratives/CALIFORNIA.htm

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8.0 LIST OF PREPARERS

RINCON CONSULTANTS, INC.  Primary Author: o Lily Sam, Associate Biologist  Secondary Authors: o Jillian Moore, Biologist/Project Manager  Technical Review: o Amber Bruno, Senior Biologist o Steven J. Hongola, Principal / Senior Ecologist  Graphics: o Jon Montgomery, GIS Analyst  Field Reconnaissance Survey: o Lily Sam, Associate Biologist  Jurisdictional Evaluation: o Jillian Moore, Biologist/Project Manager

nVision Development, Inc. 31 Indian Grove Project Biological Resources Technical Report

Appendix A Site Photos

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Residences at Indian Grove Project Biological Resources Technical Report

Photograph 1: Main drainage with dense non-native vegetation, facing west.

Photograph 2: Non-vegetated waterway in the northern portion of project area, facing north.

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Residences at Indian Grove Project Biological Resources Technical Report

Photograph 3: Graded dirt road within the project site, facing north.

Photograph 4: Project site from open, disturbed area, facing south.

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Indian Grove Project Biological Resources Technical Report

Appendix B Floral and Faunal Compendium

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Residences at Indian Grove Project Biological Resources Technical Report

Species Observed During Field Reconnaisance Surveys

Native or Scientific Name Common Name Status Introduced PLANTS Adoxaceae: Elderberry Family Sambucus nigra caerulea blue elderberry None Native Aizoaceae: Iceplant Family Carpobrotus edulis Hottentot fig None Introduced Anacardiaceae: Sumac Family Malosma laurina laurel sumac None Native Schinus molle Peruvian pepper tree None Introduced Apiaceae: Carrot Family Foeniculum vulgare sweet fennel None Introduced Arecaceae: Palm Family Washingtonia robusta Mexican fan palm None Naturalized Asparagaceae: Asparagus Family Agave americana century plant None Introduced Yucca aloifolia aloe yucca None Introduced Asteraceae: Sunflower Family Baccharis pilularis coyote brush None Native Baccharis salicifolia mulefat None Native Brassicaceae: Mustard Family Brassica nigra black mustard None Introduced Cactaceae: Cactus Family Opuntia littoralis coast prickly pear None Native Chenopodiaceae: Goosefoot Family Salsola tragus Russian thistle None Introduced Cucurbitaceae: Cucumber Family Marah macrocarpa wild cucumber None Native Euphorbiaceae: Spurge Family Ricinus communis castorbean None Introduced Fagaceae: Oak and Beech Family Quercus agrifolia coast live oak None Native Geraniaceae: Geranium Family Erodium cicutarium red-stemmed filaree None Introduced Lauraceae: Laurel Family Persea americana avocado None Introduced Rutaceae: Citrus Family Citrus spp. citrus None Introduced Salicaceae: Willow Family Salix laevigata red willow None Native Solanaceae: Nightshade Family Nicotiana glauca tree tobacco None Introduced Tamaricaceae: Tamarisk Family Tamarix ramosissima salt ceder None Introduced

nVision Development, Inc. Residences at Indian Grove Project Biological Resources Technical Report

Species Observed During Field Reconnaisance Surveys

Native or Scientific Name Common Name Status Introduced ANIMALS Mammals Canis lupis familiaris domesticated dog None Introduced Reptiles Sceloporus occidentalis western fence lizard None Native Birds Accipiter cooperii Cooper’s hawk WL Native Aphelocoma californica western scrub-jay None Native Buteo jamaicensis red-tailed hawk None Native Calypte anna Anna’s hummingbird None Native Charadrius vociferous killdeer None Native Corvus brachyrhynchos American crow None Native Geococcyx californianus greater roadrunner None Native Haemorhous mexicanus house finch None Native Melzone crissalis California towhee None Native Psaltriparus minimus bushtit None Native Spinus psaltria lesser goldfinch None Native Zonotrichia leucophrys white-crowned sparrow None Native

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Appendix C Tentative Parcel Map

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CITY OF OCEANSIDE PRELIMINARY GRADING PLAN FOR TENTATIVE PARCEL MAP FOR RESIDENCES AT INDIAN GROVE 712 SLEEPING INDIAN ROAD

SHEET 2 OF 3 CITY OF OCEANSIDE PRELIMINARY GRADING PLAN TENTATIVE PARCEL MAP FOR RESIDENCES AT INDIAN GROVE 712 SLEEPING INDIAN ROAD “ “

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