BIOTIC EVALUATION DIAS AND HOBBS

CITY OF FREMONT, ALAMEDA COUNTY, CALIFORNIA

By:

LIVE OAK ASSOCIATES, INC.

Rick Hopkins, Ph.D., Principal, Senior Ecologist Pamela Peterson, Sr. Project Manager, Plant/Wetland Ecologist Katrina Krakow, M.S., Project Manager, Staff Ecologist

For:

Robson Homes Attn: Jake Lavin 2185 The Alameda, Suite 150 San Jose, CA 95126

April 3, 2014 Project No. 1821-01

TABLE OF CONTENTS

1.0 INTRODUCTION ...... 4

2.0 EXISTING CONDITIONS ...... 8

2.1 BIOTIC HABITATS/LAND USES ...... 10 2.1.1 PASTURE ...... 10 2.1.2 RUDERAL FIELD ...... 13 2.1.3 DEVELOPED ...... 14 2.1.3 EUCALYPTUS GROVE ...... 15

2.2 MOVEMENT CORRIDORS ...... 15

2.3 SPECIAL STATUS PLANTS AND ANIMALS ...... 16

2.4 JURISDICTIONAL WATERS ...... 25

3.0 IMPACTS AND MITIGATIONS ...... 27

3.1 SIGNIFICANCE CRITERIA ...... 27

3.2 RELEVANT GOALS, POLICIES, AND LAWS ...... 28 3.2.1 Threatened and Endangered Species ...... 28 3.2.2 Migratory Birds ...... 29 3.2.3 Birds of Prey ...... 29 3.2.4 The Bald and Golden Eagle Protection Act ...... 29 3.2.5 Bats ...... 29 3.2.6 Wetlands and Other Jurisdictional Waters ...... 30 3.2.7 City of Fremont Tree Ordinance ...... 32 3.2.8 City of Fremont Storm Water Management and Discharge Control Ordinance ...... 32 3.2.9 General Plan ...... 33 3.2.10 Habitat Conservation Plans ...... 33 3.3 ENVIRONMENTAL IMPACT/MITIGATION ...... 34 3.3.1 Potential Impacts to Special Status Animal Species ...... 34 3.3.2 Potential Impacts to the Northern Harrier, White-tailed Kite, and Non-listed Raptors ...... 34 3.3.3 Potential Impacts to Burrowing Owls ...... 35 3.3.4 Potential Impacts to Townsend’s Big-eared Bat, Pallid Bat, and Other Roosting Bats ...... 37 3.3.5 Potential Impact to American Badgers ...... 38 3.3.6 Potential Impact to Special Status Plant Species ...... 39 3.3.7 Potential Impacts to Riparian Habitat and Other Sensitive Natural Communities, Including Federally Protected Wetlands ...... 40 3.3.8 Impact to Movement or Nursery Sites of Fish or Wildlife Species ...... 40 3.3.9 Impact to Habitat for Fish and Wildlife Species ...... 40 3.3.10 Degradation of Water Quality in Seasonal Creeks, Reservoirs and Downstream Waters ...... 40 3.3.11 Conflict with Local Policies or Ordinances ...... 41 Mitigation. As long as the project conforms to the two ordinances described above, no mitigation is warranted. 41 3.3.12 Conflict with an Adopted Habitat Conservation Plan ...... 41

LITERATURE CITED ...... 42

ii APPENDIX A: VASCULAR PLANTS OF THE SITE ...... 44

APPENDIX B: TERRESTRIAL VERTEBRATE SPECIES THAT POTENTIALLY OCCUR ON THE SITE ...... 47

APPENDIX C: SITE PLANS ...... 51

iii 1.0 INTRODUCTION

This report describes the biotic resources of the approximately 30-acre Dias and Hobbs Properties (hereafter referred to as the “study area” or “site”) and evaluates possible impacts to these resources resulting from future development into a residential community. The site is bordered by Mission Boulevard to the southwest, Alameda County Water District facilities and open space to the southeast, open space to the north and northwest, and residential housing to the west, and is located in the City of Fremont, Alameda County, California. The project includes three properties that are defined as the Lands of Hobbs (APNs 513-450-4-2, 513-450-5-10, and 513-450-5-12; addresses 41948, 42012, and 42092 Mission Boulevard) and one property defined as the Lands of Dias (APN 513-450-6-2; address 42232 Mission Boulevard) in Fremont, California (Figure 1, Appendix A). The parcel at 42012 Mission Boulevard (APN 513-450-5-10) was surveyed from the edges of the parcel with binoculars only, as access was not available at the time of the December 2013 site visit. The site can be found on the Niles U.S.G.S. 7.5’ quadrangle in Section 36 of Township 4 South, Range 1 West. The site consists of four parcels comprised of single-family residences, trailers, stables, barns, and outbuildings with associated pastures and ruderal fields; although riparian and wetland habitats are absent from the site, small runoff drainages carry seasonal water from the hills onto the site during storm events.

In this report, Live Oak Associates, Inc. (LOA) identifies sensitive biotic resources, significant biotic habitats, regional fish and wildlife movement corridors, and existing local, state and federal natural resource protection policies, ordinances, and laws regulating land use. Provisions of the California Environmental Quality Act (CEQA), the federal Clean Water Act (CWA), the state and federal endangered species acts (FESA and CESA respectively), California Fish and Game Code, and California Water Code could greatly affect project costs, depending on the natural resources present on the site. The primary objectives of this report are as follows:

 To summarize all site-specific information related to existing biological resources;  To make reasonable inferences about the biological resources that could occur onsite based on habitat suitability and the proximity of the site to a species’ known range;

4  Summarize all state and federal natural resource protection laws that may be relevant to possible future site development;  Identify and discuss natural resource issues specific to the site that could affect future development;  Identify avoidance and mitigation measures that could significantly reduce the magnitude of likely biological resource issues associated with site development.

5 Site Location Map

680

Project Site

880

2 miles 0 2 miles

approximate scale Vicinity Map Regional Map

80

See Vicinity Map (left) 80 680

880 580 580 101

238 280 92 Project location 680 Live Oak Associates, Inc.

880 Dias & Hobbs Site / Vicinity Map

Date Project # Figure # N 280 San Jose Not to scale 12/17/2013 1821-01 1 Natural resource issues related to these state and federal laws have been identified in past planning studies conducted in the general project area, and it is reasonable to presume that such issues could be relevant to the site examined in this report. A number of state and federally listed animals, as well as other special status animal species (i.e., candidate species for listing and California species of special concern), have been documented within 20 miles of the project site. These species include state and/or federally listed species such as the California red-legged frog and California tiger salamander as well as California species of special concern including the burrowing owl. This report evaluates the site’s suitability for these and other species.

CEQA is also concerned with project impact on riparian habitat, wildlife movement corridors, fish and wildlife habitat, and jurisdictional wetlands, as well as project compliance with special ordinances and state laws protecting regionally sensitive biotic resources, and approved habitat conservation plans. Therefore, this report addresses the relevance of each of these issues to eventual site development.

Sources of information used in the preparation of this analysis included: (1) the California Natural Diversity Data Base (CDFW 2013); (2) the Inventory of Rare and Endangered Vascular Plants of California (CNPS 2013); (3) State and Federally Listed Endangered and Threatened Animals of California (CDFW 2011); (4) numerous planning documents and biological studies for projects in the area, many of which have been prepared by LOA; and (5) manuals and references related to plants and animals of the San Francisco Bay Area. Additional information was gathered during several field surveys conducted by LOA biologist on the site. An initial reconnaissance-level field survey of the site was conducted by LOA ecologist Katrina Krakow on December 18, 2013.

The project proposes to construct approximately 80 single-family residences with associated streets, sidewalks, driveways, and storm water treatment facilities including detention basins connecting to the public storm drain system. All construction will occur below the designated toe-of-the-hill line with an irrigated 30-foot wet band and surface drainage facilities extending above the toe-of-the-hill line.

7 2.0 EXISTING CONDITIONS

The approximately 30-acre irregularly shaped property is located in the City of Fremont, Alameda County, California. The site is bordered by Mission Boulevard to the southwest, Alameda County Water District facilities and open space to the southeast, open space hillside to the north and northwest, and residential housing to the west. The site is currently comprised of single-family residences, trailers, stables, barns, and outbuildings with associated pastures and ruderal fields; although riparian and wetland habitats are absent from the site, small runoff drainages carry seasonal water from the hills onto the site. The site is gently sloped near Mission Boulevard and the slope increases as distance from Mission Boulevard increases, with the lowest elevation in the southwestern corner and the highest elevation in the northeastern portion. Topography ranges from approximately 200 to 400 feet (61 to 122 meters) National Geodetic Vertical Datum (NGVD).

Three soil-mapping units have been identified on the site and these soils are described in greater detail in Table 1 and depicted in Figure 2. Two of the soils occurring on the site are considered to be hydric.

Table 1. Descriptions of soil mapping units of the Project Site (Web Soil survey- USDA 2013). Soil Mapping Percent Hydric Unit Drainage Class Parent Material DaB Well Drained Danville silty clay loam, 3 to 0% 10 percent slopes GaE2 Well Drained Gaviota rocky sandy loam 5 1% to 40 percent slopes YmA Well Drained Yolo loam, 0 to 3 percent 5% slopes

Annual precipitation in the vicinity of the study area is 15 inches, almost 85% of which falls between the months of October and March. Virtually all precipitation falls in the form of rain.

8 Project Boundary

Project Boundary

LEGEND DaB DANVILLE SILTY CLAY LOAM, 3 TO 10% slopes GaE2 GAVIOTA ROCKY SANDY LOAM, 5 TO 40% slopes YmA YOLO LOAM, 0 TO 3% slopes Live Oak Associates, Inc.

300' 0 300 feet Dias & Hobbs Soils approximate scale Source: Date Project # Figure # U.S.D.A. Soil Conservation Service 12/17/2013 1821-01 2 2.1 BIOTIC HABITATS/LAND USES

The site consists of single-family residences, trailers, stables, barns, and outbuildings with associated pastures and ruderal fields; although riparian and wetland habitats are absent from the site, small runoff drainages carry seasonal water from the hills onto the site. The site includes four habitats: pasture, ruderal field, developed, and eucalyptus grove (Figure 3). These are described in greater detail below. It is important to note that APN 513-450-5-10 was surveyed only from the edges of the parcel with binoculars, as access to the parcel was not granted at the time of the December 2013 site visit; therefore, habitat descriptions and species lists may be incomplete for this parcel. However, LOA believes the survey of this parcel was sufficient to assess the general biological conditions of the site, as this parcel is narrow (150 feet wide) and rectangular in shape, was surrounded by other parcels included on the project site, and appeared to support similar conditions as the surrounding parcels.

2.1.1 PASTURE The site supports pasture used mainly for horses (Equus ferus), but also for young cows (Bos taurus); chickens (Gallus gallus) range throughout the site, although mainly staying near the stables and other developed areas. Pastures occur on all three Lands of Hobbs properties (APNs 513-450-4-2, 513-450-5-10, and 513-450-5-12). The pastures support short, grazed herbaceous vegetation with a few scattered trees, and appear to be more heavily grazed in the flatter portions. Vegetation observed in pastures during the December 2013 site visit include century plant (Agave sp.), wild oats (Avena sp.), coyote brush (Baccharis pilularis), mustard (Brassica sp.), Italian thistle (Carduus pycnocephalus), purple star thistle (Centaurea calcitrapa), yellow-star thistle (Centaurea solstitialis), bull thistle (Cirsium vulgare), citrus (Citrus sp.), artichoke (Cynara cardunculus), filaree (Erodium sp.), California poppy (Eschscholzia californica), sweet fennel (Foeniculum vulgare), tarweed, barley (Hordeum sp.), walnut (Juglans sp.), mallow (Malva sp.), penny royal (Mentha pulegium), olive (Olea europaea), Burmuda grass (Oxalis pes-caprae), pine (Pinus sp.), almond (Prunus dulcis), landscaped oak (Quercus sp.), coast live oak (Quercus agrifolia), dock (Rumex sp.), elderberry (Sambucus mexicana), Peruvian pepper (Schinus molle), and fan palm (Washingtonia sp.).

10 Project Boundary

513-450-4-2 513-450-5-10

513-450-5-12 513-450-6-2

Project Boundary

LEGEND

Pasture Ruderal Field Developed Eucalyptus Grove Live Oak Associates, Inc.

300' 0 300 feet Dias & Hobbs Habitats approximate scale Source: Date Project # Figure # USDA-FSA Aerial Photography Field Office 12/17/2013 1821-01 3 A non-wetland drainage follows along the northwestern boarder of APN 513-450-5-12, opening to an upland swale at the fence line near the top of the western pasture of APN 513-450-5-12. Once on the southern side of the fence line, this feature does not have banks, was dry at the time of the December 2013 site visit, and appears to generally sheet-flow down a portion of the hill in the pasture during storm events only. The non-wetland drainage north of the fence line did not appear to support vegetative species that the surrounding area did not also support. The only additional species observed within the upland swale in the pasture is creeping wild rye (Leymus triticoides). Currently, piles of manure and debris piles are within the sheet-flow portion of the upland swale.

No reptiles were observed onsite during the December 2013 site visit, however, reptiles that may utilize the pasture include the southern alligator lizard (Elgaria multicarinata), western fence lizard (Sceloporus occidentalis), gopher snake (Pituophis catenifer), common kingsnake (Lampropeltis getulus), and Pacific rattlesnake (Crotalus oreganus).

Bird species observed in the pastures of the site include an unidentified gull, American kestrel (Falco sparverius), Eurasian collared dove (Streptopelia decaocto), domestic chicken, American crow (Corvus brachyrhynchos), white crowned sparrow (Zonotrichia leucophrys), Brewer’s blackbird (Euphagus cyanocephalus), house finch (Carpodacus mexicanus). Other birds occurring in adjacent habitats are expected to occur in pastures as well; these species may include, but are not limited to the wild turkey (Meleagris gallopavo), turkey vulture (Cathartes aura), red-shouldered hawk (Buteo lineatus), Cooper’s hawk (Accipiter cooperii), barn owl (Tyto alba), great horned owl (Bubo virginianus), acorn woodpecker (Melanerpes formicivorus), Anna’s hummingbird (Calypte anna), and western scrub jay (Aphelocoma californica).

Mammals observed in pastures onsite include California ground squirrel (Otospermophilus beecheyi) burrows, Botta’s pocket gopher (Thomomys bottae) burrows, domestic dog (Canis familiaris), domestic cat (Felis catus), domestic horse, and domestic cow. Other mammals that may be found in this habitat include, but are not limited to the Virginia opossum (Didelphis virginiana), deer mouse (Peromyscus maniculatus), raccoon (Procyon lotor), striped skunk (Mephitis mephitis), gray fox (Urocyon cinereoargenteus) red fox (Vulpes vulpes), coyote (Canis

12 latrans), bobcat (Lynx rufus) cougar (Puma concolor), and black-tailed deer (Odocoileus hemionus columbianus).

2.1.2 RUDERAL FIELD

The majority of the Lands of Dias (APN 513-450-6-2) consists of a ruderal field; this is the only parcel on which the ruderal field habitat occurs. No grazing was present on this parcel. Herbaceous vegetation in the ruderal field was taller and more dense than the pastures of the site, and included a few scattered trees and a number of old orchard trees. A bee box was also present in the ruderal field. Plants identified within the ruderal field habitat include aloe (Aloe sp.), wild oats, coyote brush, ripgut brome (Bromus diandrus), mustard, sweet fennel, walnut, Italian rye (Lolium multiflorum), mallow, penny royal, Bermuda buttercup, bristly ox tongue (Picris echioides), almond (Prunus dulcis), coast live oak, wild radish (Raphanus raphanistrum), dock (Rumex sp.), sowthistle (Sonchus sp.), clover (Trifolium sp.), and milk thistle (Silybum marianum). A non-wetland drainage flows onsite from the north of APN 513-450-6-2 and appears to spread out to form an upland swale once onsite. This area does not exhibit different vegetation than the surrounding ruderal field and is only identifiable due to the change in topography. It is assumed that water is only present in this feature during storm events and appears to generally sheet-flow downhill, most likely not holding water once the storm event has passed.

No amphibian species were observed and only one reptile species, western fence lizard, was observed during the site visit; however, this habitat is likely to include species found in or expected to occur in the adjacent habitats.

Avian species observed within the ruderal field included the wild turkey, turkey vulture, mourning dove (Zenaida macroura), Eurasian collared dove, Anna’s hummingbird, black phoebe (Sayornis nigricans), American crow, western scrub jay, white-crowned sparrow (Zonotrichia albicollis), and house finch. Additional avian species that may occur onsite include the red-tailed hawk (Buteo jamaicensis), American kestrel, and western meadowlark (Sturnella neglecta), to name a few.

13 Mammals and mammal sign observed within the ruderal field included California ground squirrel and Botta’s pocket gopher burrows and striped skunk (Mephitis mephitis) diggings, although those species found in the adjacent habitats are expected to use this habitat as well.

2.1.3 DEVELOPED

All four parcels support developed habitat. Buildings include single-family residences, trailers, barns, sheds, stables with associated corrals, and a rooster enclosure. Both native and ornamental plants occur in this habitat. Plants observed in the developed habitat during the December 2013 site visit include Albizia (Albiza sp.), wild oats, ripgut brome, butterfly bush (Buddleja davidii), bottle brush (Callistemon citrinus), ice plant (Carpobrotus edulis), catoneaster (Cotoneaster sp.), citrus, jade plant (Crassula ovata), loquat (Eriobotrya japonica), California poppy, blue gum (Eucalyptus globulus), poinsettia (Euphorbia pulcherrima), silkoak (Grevillea robusta), pennyroyal, English ivy (Hedera helix), morning glory (Ipomoea sp.), iris (Iris sp.), juniper bush (Juniperus sp.), lantana (Lantana camara), lavender (Lavandula stoechas), privet (Ligustrum lucidum), tan-oak (Lithocarpus densiflorus), potato bush (Lycianthes rantonnei), walnut, magnolia (Magnolia grandiflora), mallow, banana tree (Musa sp.), oleander (Nerium oleander), olive, prickly pear (Opuntia sp.), African daisy (Osteospermum sp.), Burmuda grass, garden geranium (Pelargonium sp.), Canary Island date palm (Phoenix canariensis), spruce (Picea sp.), pine, Cape leadwort (Plumbago auriculata), plum (Prunus domestica), almond, hollyleaf cherry

(Prunus ilicifolia ), landscaped oak (Quercus sp.), coast live oak, wild radish, rose (Rosa sp.), rosemary (Rosmarinus officinalis), Himalayan blackberry (Rubus armeniacus), dock, elderberry, Peruvian pepper tree, redwood (Sequoia sempervirens), smilo grass (Stipa miliacea), bird of paradise (Strelitzia reginae), nasturtium (Tropaeolum majus), fan palm, lawn, and other landscaped plants.

Amphibians are likely to occur only occasionally in this habitat from the adjacent onsite habitats, and would likely be limited to pacific treefrogs (Hyla regallia), however, reptiles such as the western fence lizard, southern alligator lizard, and gopher snake are expected to occur in this habitat.

14 Avian species observed within the developed habitat include an unidentified gull, chickens and roosters, American kestrel, Eurasian collared dove, rock dove (Columba livia), black phoebe, California towhee (Melozone crissalis), wild turkey, western scrub jay, white-crowned sparrow, lesser gold finch (Carduelis psaltria) European starling, Brewer’s blackbird, and house finch. This habitat may also support the red-tailed hawk, barn owl (Tyto alba), or other birds occurring in adjacent habitats.

Mammal species observed within the developed habitat included the Botta’s pocket gopher, domestic cat, domestic dog, horse, and sheep. Mammals in the surrounding habitats may also occur within this habitat. Buildings and barns onsite may support roosting bats onsite, especially in one residence with an access hole in the wall (on APN 513-450-5-12) and the residence with a tiled roof (on APN 513-450-6-2). The resident onsite noted that there used to be bats in the barn on the Dias property (APN 513-450-6-2).

2.1.3 EUCALYPTUS GROVE

The Eucalyptus Grove uphill from the developed area and is the habitat furthest uphill on the site. This habitat consists of mature blue gum trees with exfoliated bark covering the understory. Other plants included, but was not limited to, wild oats, bull thistle, Burmuda grass, and dock, with the non-wetland drainage described in Section 2.1.1 along the northern border of the Eucalyptus Grove.

Avian species observed within the Eucalyptus Grove include the wild turkey (feathers), Anna’s hummingbird, European starling, and house finch. Animal species occurring in the surrounding habitats may also occur within this habitat.

2.2 MOVEMENT CORRIDORS

Wildlife movement corridors are areas where regional wildlife populations regularly and predictably move during dispersal or migration. Movement corridors in California are typically associated with valleys, rivers and creeks supporting riparian vegetation, and ridgelines. With increasing encroachment of humans on wildlife habitats, it has become important to establish and

15 maintain linkages, or movement corridors, for animals to be able to access locations containing different biotic resources that are essential to maintaining their life cycles.

The importance of an area as a “movement corridor” depends on the species in question and its consistent use patterns. Animal movements generally can be divided into three major behavioral categories:  Movements within a home range or territory;  Movements during migration; and  Movements during dispersal.

While no detailed study of animal movements has been conducted for the study area, knowledge of the site, its habitats, and the ecology of the species potentially occurring onsite permits sufficient predictions about the types of movements occurring in the region and whether or not proposed development would constitute a significant impact to animal movements.

As noted in Section 2.1, a number of reptiles, birds, and mammals may use the site as part of their home range and dispersal movements, however, specific habitats supporting significant movement corridors such as creeks, riparian habitat, and ridges are absent from the site.

2.3 SPECIAL STATUS PLANTS AND ANIMALS

Several species of plants and animals within the state of California have low populations, limited distributions, or both. Such species may be considered “rare” and are vulnerable to extirpation as the state’s human population grows and the habitats these species occupy are converted to agricultural and urban uses. As described more fully in Section 3.2, state and federal laws have provided the California Department of Fish and Wildlife (CDFW) and the U.S. Fish and Wildlife Service (USFWS) with a mechanism for conserving and protecting the diversity of plant and animal species native to the state. A sizable number of native plants and animals have been formally designated as threatened or endangered under state and federal endangered species legislation. Others have been designated as “candidates” for such listing. Still others have been designated as “species of special concern” by the CDFW. The California Native Plant Society (CNPS) has developed its own set of lists of native plants considered rare, threatened, or

16 endangered (CNPS 2013). Collectively, these plants and animals are referred to as “special status species.”

A number of special status plants and animals occur in the vicinity of the site (Figure 4). These species and their potential to occur in the study area are listed in Table 2 on the following pages. Sources of information for this table included California’s Wildlife, Volumes I, II, and III (Zeiner et. al 1988), California Natural Diversity Data Base (CDFW 2013), Endangered and Threatened Wildlife and Plants (USFWS 2013), State and Federally Listed Endangered and Threatened Animals of California (CDFW 2011), and The California Native Plant Society’s Inventory of Rare and Endangered Vascular Plants of California (CNPS 2013). This information was used to evaluate the potential for special status plant and animal species that occur onsite. Figure 4 depicts the location of special status species found by the California Natural Diversity Data Base (CNDDB). It is important to note that the CNDDB is a volunteer database; therefore, it may not contain all known records.

A search of published accounts for all of the relevant special status plant and animal species was conducted for the Niles USGS 7.5 minute quadrangle in which the project site occurs, and for the eight surrounding quadrangles (Hayward, Dublin, Livermore, Newark, La Costa Valley, Mountain View, Milpitas, Calaveras Reservoir) using the California Natural Diversity Data Base Rarefind5 2013. All species listed as occurring in these quadrangles on CNPS Lists 1A, 1B, 2, or 4 were also reviewed (See Figure 4).

Serpentine soils are absent from the site; as such, those species that are uniquely adapted to serpentine conditions, such as the big-scale balsamroot (Balsamorhiza macrolepis var. macrolepis), chaparral harebell (Campanula exigua), fragrant fritillary (Fritillaria liliacea), woodland woollythreads (Monolopia gracilens), and most beautiful jewel-flower (Streptanthus albidus ssp. peramoenus), are considered absent from the site. Other plant species occur in habitats not present in the study area (e.g., salt marsh, swamp, chaparral, broadleafed forest, coastal prairie, coastal scrub, vernal pools, etc.) or at elevations below or above onsite elevations (below 61 meters or above 122 meters) and, therefore, are also considered absent from the site. These species include the California seablite (Suaeda californica), Point Reyes Bird’s-beak

(Chloropyron maritimum ssp. palustre), Santa Clara red ribbons (Clarkia concinna ssp.

17 LEGEND Special status species observation Source: California Dep. of Fish & Wildlife Natural Diversity Database

s iu d ra ) e il m .1 3 (

r e 680 t e m o l i

K

e v i

F

Project Site

880

680

Live Oak Associates, Inc.

Dias & Hobbs Special-status Species

2 miles 0 2 miles Date Project # Figure # approximate scale 12/17/2013 1821-01 4 automixa), Hospital Canyon larkspur (Delphinium californicum ssp. interius), Hoover’s button- celery (Eryngium aristulatum var. hooveri), arcuate bush-mallow (Malacothamnus arcuatus), Hall’s bush-mallow (Malacothamnus hallii), prostrate vernal pool navarretia (Navarretia prostrate), hairless popcorn-flower (Plagiobothrys glaber), Oregon polemonium (Polemonium carneum), chaparral ragwort (Senecio aphanactis), maple-leaved checkerbloom (Sidalcea malachroides), slender-leaved pondweed (Stuckenia filiformis), In addition, the vernal pool fairyshrimp (Branchinecta lynchi), vernal pool tadpole shrimp (Lepidurus packardi), steelhead (Oncorhynchus mykiss), and longfin smelt (Spirinchus thaleichthys), are considered to be absent from the site, as vernal pools and streams are absent from the site.

The western snowy plover (Charadrius alexandrines nivosus) is also considered to be absent from the site, as it has not been recorded in the vicinity of the site and is not expected to breed in the local vicinity. Breeding and foraging habitat in the form of marshes, tidal salt marshes, and reeds for the saltmarsh common yellowthroat (Geothlypis trichas sinuosa), California black rail (Laterallus jamaicensis coturniculus), California clapper rail (Rallus longirostris obsoletus), Alameda song sparrow (Melospiza melodia pusillula), salt-marsh harvest mouse (Reithrodontomys raviventris), and salt-marsh wandering shrew (Sorex vagrans halicoetes) is also absent from the site. In addition, the site is not within the species range for the San Joaquin kit fox (Vulpes macrotis mutica).

Species more likely to occur on the project site itself or in the surrounding vicinity are discussed further below.

19

TABLE 2. LIST OF SPECIAL STATUS SPECIES THAT COULD OCCUR IN THE PROJECT VICINITY

PLANTS (adapted from CDFW 2013 and CNPS 2013) Species Listed as Threatened or Endangered under the State and/or Federal Endangered Species Act Species Status Habitat Occurrence in the Study Area Palmate-bracted Bird’s Beak FE, CE, Habitat: Alkaline soils Absent. Suitable habitat is absent from (Chloropyron palmatum) CNPS 1B within chenopod scrub and the site. valley and foothill grasslands. Elevation: 5-155 meters. Blooms: Annual herb; May- October. Robust Spineflower FE, Habitat: Sandy and gravelly Absent. Suitable habitat is absent from (Chorizanthe robusta var. robusta) CNPS 1B soils within openings of the site. cismontane woodlands, and in coastal dunes and coastal scrub. Elevation: 3-300 meters Blooms: Annual herb; April- September. Santa Cruz Tarplant FT, CE, Habitat: Coastal prairie and Unlikely. The grasslands of the site (Holocarpha macradenia) CNPS 1B scrub and clay or sandy provide extremely marginal habitat for valley and foothill grasslands this species as a result of long-term Elevation: 10-220 meters trampling and grazing activities. All Blooms: Annual herb; June- known occurrences of this species in October Alameda County are considered extirpated; and there are no known historical occurrences in the vicinity of the site. Contra Costa Goldfields FE, Habitat: Vernal pools and Unlikely. Vernal pools are absent from (Lasthenia conjugens) CNPS 1B mesic areas of valley and the site. Marginal potential habitat may foothill grasslands, typically occur within grassland swales of the site; alkaline. however, these areas have been heavily Elevation: 0-470 meters impacted by long-term trampling and Blooms: Annual herb; grazing activities. March-June

Other special status plants listed by CNPS Species Status Habitat Occurrence in the Study Area Alkali Milk-vetch CNPS 1B Habitat: Alkaline soils Unlikely. Vernal pools are absent from (Astragalus tener var. tener) within playas, valley and the site. Marginal potential habitat may foothill grasslands and in occur within grassland swales of the site; vernal pools however, these areas have been heavily Elevation: 1-60 meters impacted by long-term trampling and Blooms: Annual herb; grazing activities. March-June Heartscale CNPS 1B Habitat: Alkaline wetland Possible. Potential habitat may occur (Atriplex cordulata) soils and valley and foothill within grassland of the site. These areas grasslands have been heavily impacted by long-term Elevation: 0-560 meters trampling and grazing activities; Blooms: Annual herb; April- however, this plant species tolerates some October disturbance.

20 TABLE 2. LIST OF SPECIAL STATUS SPECIES THAT COULD OCCUR IN THE PROJECT VICINITY

Other special status plants listed by CNPS (cont.) Species Status Habitat Occurrence in the Study Area Brittlescale CNPS 1B Habitat: Alkaline wetland Possible. Potential habitat may occur (Atriplex depressa) soils and valley and foothill within grassland of the site. These areas grasslands have been heavily impacted by long-term Elevation: 1-320 meters trampling and grazing activities; Blooms: Annual herb; April- however, this plant species tolerates some October disturbance. San Joaquin Spearscale CNPS 1B Habitat: Alkaline soils of Possible. Potential habitat may occur (Atriplex joaquiniana) chenopod scrub, mesic areas within grassland of the site. These areas within grasslands have been heavily impacted by long-term Elevation: 1-835 meters trampling and grazing activities; Blooms: Annual herb; April- however, this plant species tolerates some October disturbance. Lesser Saltscale CNPS 1B Habitat: Alkaline, sandy Possible. Potential habitat may occur (Atriplex minuscula) chenopod scrub, playas, and within grassland of the site. These areas valley and foothill grasslands have been heavily impacted by long-term Elevation: 15-200 meters trampling and grazing activities; Blooms: Annual herb; May- however, this plant species tolerates some October disturbance. Congdon’s Tarplant CNPS 1B Habitat: Valley and foothill Possible. Potential habitat may occur (Centromadia parryi ssp. congdonii) grasslands within grassland swales of the site. These Elevation: 1-230 meters areas have been heavily impacted by Blooms: Annual herb; May- long-term trampling and grazing November activities; however, this plant species tolerates some disturbance. Diablo Helianthella CNPS 1B Habitat: Broadleaved upland Absent. This perennial species would (Helianthella castanea) forest, woodlands, chaparral, have been observed if present on the site coastal scrub and grassland and it was not observed. Elevation: 60-1300 meters Blooms: Perennial herb; March-June Saline clover CNPS 1B Habitat: Marshes and Possible. Potential habitat may occur (Trifolium hydrophilum) swamps, mesic and alkaline within grassland swales of the site. These valley and foothill areas have been heavily impacted by grasslands, and vernal pools long-term trampling and grazing Elevation: 0-300 meters activities; however, this plant species Blooms: Annual herb; April- tolerates some disturbance. June Caper-fruited Tropidocarpum CNPS 1B Habitat: Alkaline soils in Unlikely. This species is considered (Tropidocarpum capparideum) grassland. extirpated from Alameda County and Elevation: 1-455 meters there are no known historical occurrences Blooms: Annual herb; in the site’s vicinity. March-April

21 TABLE 2. LIST OF SPECIAL STATUS SPECIES THAT COULD OCCUR IN THE PROJECT VICINITY

ANIMALS (adapted from CDFW 2013 and USFWS 2013)

Species Listed as Threatened or Endangered under the State and/or Federal Endangered Species Act Species Status Habitat Occurrence in the Study Area California Tiger Salamander FT, CT Breeds in vernal pools and Absent. Suitable breeding habitat for (Ambystoma californiense) stock ponds of central this species in the form of stagnant pools California; adults aestivate in or ponds with continuous inundation for a grassland habitats adjacent to minimum of three months is absent from the breeding sites. the site and the immediate vicinity. The nearest recorded observation is just under a mile to the north of the site (CNDDB 2013), therefore, the CTS is considered to be absent from the site. California Red-legged Frog FT, CSC Rivers, creeks and stock Absent. Aquatic habitat is absent from (Rana aurora draytonii) ponds of the Sierra foothills the site; the site could potentially support and Bay Area, preferring upland habitat for this species, however, pools with overhanging as protocol-level surveys have previously vegetation. been conducted in a stretch of nearby Mission Creek with negative results (LOA 2012), barriers such as roads and development are between the site and suitable habitat, and as the nearest recorded observation is nearly 3 miles to the north of the site (CNDDB), the CRLF is considered to be absent from the site. Alameda Whipsnake FT, CT Occurs in chaparral foothills, Absent. Suitable habitat is absent from (Masticophis lateralis euryxanthus) shrublands with scattered the site and its immediate vicinity. The grass patches, rocky nearest recorded observation is canyons, and watercourses. approximately 2.5 miles to the northeast Occurs in the San Francisco of the site (CNDDB 2013). Bay area including Alameda, Contra Costa, Santa Clara and San Joaquin Counties, CA. California least tern FE, CE, CP Occurs in central to southern Absent. Suitable foraging or breeding (Sterna antillarum browni) California April to habitat for this species is absent from the November. Found in and site. However, an errant individual may near coastal habitat including fly over the site from time to time during coasts, beaches, bays, migration. estuaries, lagoons, lakes, and rivers. Bank Swallow CT Colonial nester on sandy Absent. Suitable habitat is absent from (Riparia riparia) banks near streams, rivers, the site and its immediate vicinity. In lakes or coastal areas. addition, the bank swallow has not been recorded within 3 miles of the site (CNDDB 2013).

22 TABLE 2. LIST OF SPECIAL STATUS SPECIES THAT COULD OCCUR IN THE PROJECT VICINITY

Other Animal Species Listed as Threatened or Endangered under the State and/or Federal Endangered Species Act (cont.) Species Status Habitat Occurrence in the Study Area Townsend’s big-eared bat CPE, CSC Primarily a cave-dwelling Possible. Potentially suitable roosting (Corynorhinus townsendii) bat that may also roost in habitat for the Townsend’s big-eared bat buildings. Occurs in a in the form of buildings and structures variety of habitats. exists onsite. In addition, foraging opportunities exist onsite and adjacent to the site. Although this species has not been recorded within 3 miles of the site (CNDDB 2013), bats are volant, and therefore, can be expected to move over larger distances faster than would be expected of a flightless animal. The Townsend’s big-eared bat is proposed to be listed as Endangered under the California Endangered Species Act, and is afforded all the protections of a fully endangered species during the review process.

Animal State Species of Special Concern and Protected Species Species Status Habitat Occurrence in the Study Area Foothill Yellow-legged Frog CSC Occurs in swiftly flowing Absent. Suitable habitat is absent from (Rana boylii) streams and rivers with the site and its immediate vicinity. None rocky substrate with open, been seen for quite some time in the site sunny banks in forest, vicinity, and there are no recorded chaparral, and woodland observations within 3 miles of the site habitats, and can sometimes (CNDDB 2013). be found in isolated pools. Western Pond Turtle CSC Open slow-moving water of Absent. Suitable habitat is absent from (Emys marmorata) rivers and creeks of central the site. In addition, the nearest recorded California with rocks and observation is nearly three miles from the logs for basking. site(CNDDB 2013). Northern Harrier CSC Frequents meadows, Possible. Suitable foraging habitat is (Circus cyaneus) grasslands, open rangelands, present onsite, and potentially suitable freshwater emergent nesting habitat is present onsite, wetlands; uncommon in particularly on APN 513-450-6-2 for this wooded habitats. species. The nearest recorded observation of this species is more than 3 miles from the site (CNDDB 2013). White-tailed Kite CP Open grasslands and Possible. Suitable nesting and foraging (Elanus leucurus) agricultural areas throughout habitat is present onsite. The nearest central California. recorded observation is more than three miles from the site (CNDDB 2013). Golden Eagle CP Typically frequents rolling Unlikely. The trees of the site are not (Aquila chrysaetos) foothills, mountain areas, typical of those chosen by eagles for sage-juniper flats and desert. breeding, however, the site provides suitable foraging habitat. The nearest recorded observation of the golden eagle is more than 3 miles from the site (CNDDB 2013).

23 TABLE 2. LIST OF SPECIAL STATUS SPECIES THAT COULD OCCUR IN THE PROJECT VICINITY

State Species of Special Concern and Protected Species (cont.) Species Status Habitat Occurrence in the Study Area American peregrine falcon CP Individuals breed on cliffs in Absent. Suitable habitat is absent from (Falco peregrines anatum) the Sierra or in coastal the site and its immediate vicinity. In habitats; occurs in many addition, the nearest recorded observation habitats of the state during is more than 3 miles from the site migration and winter. (CNDDB 2013). Burrowing Owl CSC Found in open, dry Possible. Although no BUOW or (Athene cunicularia) grasslands, deserts and evidence of BUOW was observed on the ruderal areas. Requires site during the December 2013 site visit, suitable burrows. This the site supports suitable habitat for the species is often associated BUOW in the form of ground squirrel with California ground burrows and debris piles. The nearest squirrels. recorded BUOW is approximately 2 miles to the west of the site (CNDDB 2013). California Yellow Warbler CSC Migrants move through Unlikely. The site does not support (Dendroica petechia brewsteri) many habitats of Sierra and suitable habitat in the form of riparian its foothills. This species thickets. The nearest recorded breeds in riparian thickets of observation is more than three miles from alder, willow and the site (CNDDB 2013), however, an cottonwoods. errant individual CYW may pass over the site from time to time during migrations. Tricolored Blackbird CSC Breeds near fresh water in Unlikely. Suitable nesting habitat is (Agelaius tricolor) dense emergent vegetation. absent, and the site provides marginal foraging habitat. The nearest recorded observation is approximately 2 miles to the west of the site near a water body (CNDDB 2013). However, an errant individual tricolored blackbird may pass over the site from time to time during migration. Pallid Bat CSC Grasslands, chaparral, Possible. The site supports a number of (Antrozous pallidus) woodlands, and forests; most out-buildings including barns and common in dry rocky open residences that may be suitable for areas providing roosting roosting bats. The nearest recorded opportunities. observation is more than three miles from the site (CNDDB 2013). Western Mastiff Bat CSC Forages over many habitats, Unlikely. The site provides marginal (Eumops perotis californicus) requires tall cliffs or foraging habitat for this species, but the buildings for roosting. buildings onsite are not tall enough to provide suitable roosting habitat. The nearest recorded observation is more than three miles from the site (CNDDB 2013). San Francisco Dusky-footed Woodrat CSC Found in hardwood forests, Unlikely. Poor habitat exists onsite for (Neotoma fuscipes annectens) oak riparian and shrub the SFDFW, and no woodrat nests were habitats. detected during the December 2013 site visit. In addition, The nearest recorded observation is more than three miles from the site (CNDDB 2013).

24 TABLE 2. LIST OF SPECIAL STATUS SPECIES THAT COULD OCCUR IN THE PROJECT VICINITY

State Species of Special Concern and Protected Species (cont.) Species Status Habitat Occurrence in the Study Area American Badger CSC Found in drier open stages of Possible. Suitable habitat is present (Taxidea taxus) most shrub, forest and onsite and in the vicinity of the site. No herbaceous habitats with badgers or their sign (burrows, etc.) were friable soils. detected during the December 2013 site visit, however, badgers have a wide range, and may move onto the site in the future. The nearest recorded observation is more than three miles from the site (CNDDB 2013). *Explanation of Occurrence Designations and Status Codes

Present: Species observed on the sites at time of field surveys or during recent past. Likely: Species not observed on the site, but it may reasonably be expected to occur there on a regular basis. Possible: Species not observed on the sites, but it could occur there from time to time. Unlikely: Species not observed on the sites, and would not be expected to occur there except, perhaps, as a transient. Absent: Species not observed on the sites, and precluded from occurring there because habitat requirements not met.

STATUS CODES

FE Federally Endangered CE California Endangered FT Federally Threatened CPE California Endangered (Proposed) FPE Federally Endangered (Proposed) CT California Threatened FC Federal Candidate CR California Rare CP California Protected CSC California Species of Special Concern

CNPS California Native Plant Society Listing 1A Plants Presumed Extinct in California 3 Plants about which we need more 1B Plants Rare, Threatened, or Endangered in information – a review list California and elsewhere 4 Plants of limited distribution – a watch list 2 Plants Rare, Threatened, or Endangered in California, but more common elsewhere

2.4 JURISDICTIONAL WATERS

Jurisdictional waters include rivers, creeks, and drainages that have a defined bed and bank and which, at the very least, carry ephemeral flows. Jurisdictional waters also include lakes, ponds, reservoirs, and wetlands. Such waters may be subject to the regulatory authority of the U.S. Army Corps of Engineers (USACE), the California Department of Fish and Wildlife (CDFW), and the California Regional Water Quality Control Board (RWQCB). Aquatic features are typically only considered to be jurisdictional if they connect to other Waters of the United States per the U.S Supreme Court decision Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC Decision) and Rapanos v. United States and Carabell v. Army

25 Corps of Engineers (referred together as the Rapanos decision). See Section 3.2.4 of this report for additional information.

Jurisdictional waters are absent from the site.

26 3.0 IMPACTS AND MITIGATIONS

3.1 SIGNIFICANCE CRITERIA

General plans, area plans, and specific projects are subject to the provisions of the California Environmental Quality Act (CEQA). The purpose of CEQA is to assess the impacts of proposed projects on the environment before they are constructed. For example, site development may require the removal of some or all of its existing vegetation. Animals associated with this vegetation could be destroyed or displaced. Animals adapted to humans, roads, buildings, pets, etc. could potentially replace those species formerly occurring on a site. Plants and animals that are state and/or federally listed as threatened or endangered may be destroyed or displaced. Sensitive habitats such as wetlands and riparian woodlands may be altered or destroyed. These impacts may be considered significant or not. According to Guide to the California Environmental Quality Act, “Significant effect on the environment” is interpreted as a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic interest. Under CEQA, specific project impacts to biological resources may be considered “significant” if they will:

 have a substantial adverse effect, the 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;  have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service;  have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means;  interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery site; 27  reduce substantially the habitat of a fish or wildlife species, including causing a fish or wildlife population to drop below self-sustaining levels or threaten to eliminate an animal community;  conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance;  conflict with the provisions of an adopted Habitat Conservation Plan, or other approved local, regional, or state habitat conservation plan.

Furthermore, CEQA Guidelines Section 15065 states that a project may trigger the requirement to make a “mandatory findings of significance” if “the project has the potential to subsequently degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range on an endangered, rare or threatened species, or eliminate important examples of the major periods of California history or prehistory.”

3.2 RELEVANT GOALS, POLICIES, AND LAWS

3.2.1 Threatened and Endangered Species

State and federal “endangered species” legislation has provided the California Department of Fish and Wildlife (CDFW) and the U.S. Fish and Wildlife Service (USFWS) with a mechanism for conserving and protecting plant and animal species of limited distribution and/or low or declining populations. Species listed as threatened or endangered under provisions of the state and federal endangered species acts, candidate species for such listing, state species of special concern, and some plants listed as endangered by the California Native Plant Society are collectively referred to as “species of special status.” Permits may be required from both the CDFW and USFWS if activities associated with a proposed project will result in the “take” of a listed species. “Take” is defined by the state of California as “to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture or kill” (California Fish and Game Code, Section 86). “Take” is more broadly defined by the federal Endangered Species Act to include “harm” (16 USC, Section 1532(19), 50 CFR, Section 17.3). Furthermore, the CDFW and the USFWS are responding agencies under the California Environmental Quality Act (CEQA). Both

28 agencies review CEQA documents in order to determine the adequacy of their treatment of endangered species issues and to make project-specific recommendations for their conservation.

3.2.2 Migratory Birds

State and federal laws also protect most birds. The Federal Migratory Bird Treaty Act (16 U.S.C., scc. 703, Supp. I, 1989) prohibits killing, possessing, or trading in migratory birds, except in accordance with regulations prescribed by the Secretary of the Interior. This act encompasses whole birds, parts of birds, and bird nests and eggs.

3.2.3 Birds of Prey

Birds of prey are also protected in California under provisions of the State Fish and Game Code, Section 3503.5, which states that it is “unlawful to take, possess, or destroy any birds in the order Falconiformes or Strigiformes (birds of prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto.” Construction disturbance during the breeding season could result in the incidental loss of fertile eggs or nestlings, or otherwise lead to nest abandonment. Disturbance that causes nest abandonment and/or loss of reproductive effort is considered “taking” by the CDFW.

3.2.4 The Bald and Golden Eagle Protection Act

The Bald Eagle Protection Act of 1940 (16 U.S.C. 668, enacted by 54 Stat. 250) protects bald and golden eagles by prohibiting the taking, possession, and commerce of such birds and establishes civil penalties for violation of this Act. Take of bald and golden eagles is defined as follows: “disturb means to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, (1) injury to an eagle, (2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or (3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior’’ (72 FR 31132; 50 CFR 22.3).

3.2.5 Bats

Sections 2000 and 4150 of the California Fish and Game Code states that it unlawful to take or possess a number of species, including bats, without a license or permit as required by Section 3007. Additionally, Title 14 of the California Code of Regulations states it is unlawful to harass, 29 herd, or drive a number of species, including bats. To harass is defined as “an intentional act which disrupts an animal's normal behavior patterns, which includes, but is not limited to, breeding, feeding or sheltering”. In addition, the Townsend’s big-eared bat is currently proposed to be listed in the state of California as Endangered. The Townsend’s big-eared bat is currently under a 1-year review with CDFW, during which time, it will be afforded full protections as other Endangered species until the Commission has finalized their ruling.

3.2.6 Wetlands and Other Jurisdictional Waters

Natural drainage channels and adjacent wetlands may be considered “Waters of the United States” (hereafter referred to as “jurisdictional waters”) subject to the jurisdiction of the U.S. Army Corps of Engineers (USACE). The extent of jurisdiction has been defined in the Code of Federal Regulations but has also been subject to interpretation of the federal courts. Jurisdictional waters generally include:

 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;  All interstate waters including interstate wetlands:  All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce;  All impoundments of waters otherwise defined as waters of the United States under the definition;  Tributaries of waters identified in paragraphs (a)(1)-(4) (i.e. the bulleted items above).

As determined by the United States Supreme Court in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (the SWANCC decision), channels and wetlands isolated from other jurisdictional waters cannot be considered jurisdictional on the basis of their use, hypothetical or observed, by migratory birds. However, the U.S Supreme Court decisions Rapanos v. United States and Carabell v. U.S. Army Corps of Engineers impose a "significant nexus" test for federal jurisdiction over wetlands. In June 2007, the USACE and Environmental 30 Protection Agency (EPA) established guidelines for applying the significant nexus standard. This standard includes 1) a case-by-case analysis of the flow characteristics and functions of the tributary or wetland to determine if they significantly affect the chemical, physical, and biological integrity of downstream navigable waters and 2) consideration of hydrologic and ecologic factors (EPA and USACE 2007).

The USACE regulates the filling or grading of such waters under the authority of Section 404 of the Clean Water Act. The extent of jurisdiction within drainage channels is defined by “ordinary high water marks” on opposing channel banks. Wetlands are habitats with soils that are intermittently or permanently saturated, or inundated. The resulting anaerobic conditions select for plant species known as hydrophytes that show a high degree of fidelity to such soils. Wetlands are identified by the presence of hydrophytic vegetation, hydric soils (soils saturated intermittently or permanently saturated by water), and wetland hydrology according to methodologies outlined in the 1987 Corps of Engineers Wetlands Delineation Manual (USACE 1987).

All activities that involve the discharge of fill into jurisdictional waters are subject to the permit requirements of the USACE (Wetland Training Institute, Inc. 1991). Such permits are typically issued on the condition that the applicant agrees to provide mitigation that results in no net loss of wetland functions or values. No permit can be issued until the Regional Water Quality Control Board (RWQCB) issues a certification (or waiver of such certification) that the proposed activity will meet state water quality standards. The filling of isolated wetlands, over which the USACE has disclaimed jurisdiction under the SWANCC decision, is regulated by the RWQCB. It is unlawful to fill isolated wetlands without filing a Notice of Intent with the RWQCB. The RWQCB is also responsible for enforcing National Pollution Discharge Elimination System (NPDES) permits, including the General Construction Activity Storm Water Permit. All projects requiring federal money must also comply with Executive Order 11990 (Protection of Wetlands).

The California Department of Fish and Wildlife has jurisdiction over the bed and bank of natural drainages according to provisions of Section 1601 and 1602 of the California Fish and Game Code (2003). Activities that would disturb these drainages are regulated by the CDFW via a

31 Streambed Alteration Agreement. Such an agreement typically stipulates that certain measures will be implemented which protect the habitat values of the drainage in question.

3.2.7 City of Fremont Tree Ordinance

The City of Fremont has a Tree Ordinance (Ordinance Number: 2481, Chapter 5 of the Municipal Code), which regulates the removal of trees. The City’s Tree Ordinance seeks:

...to protect and preserve trees by regulating their removal and damage to them; to prevent unnecessary tree loss and damage; to minimize environmental damage from improper tree removal or pruning; to encourage or, when appropriate, to require replacement plantings; to effectively enforce tree preservation regulations; and to promote the appreciation and understanding of trees.

“Ordinance-size trees” that require a permit or other authorization for removal, damage or relocation include the following:

1. A tree having a diameter at breast height (4.5 feet above natural grade) (DBH) of six inches or more and located on a vacant or underdeveloped lot; 2. A tree having a DBH of six inches or more and located on a developed lot which is the subject of a contemplated or pending application for a development project; 3. A native tree or tree of exceptional adaptability to the Fremont area having a DBH of 10 inches or more; 4. A tree having a DBH of 18 inches or more; 5. A tree that was required by the City to be planted or retained as mitigation for the removal of a tree; 6. A tree planted or retained as a condition of any City-conferred development project approval, including approvals conferred prior to adoption of this Chapter; or 7. One of six or more trees of the same species that are located on the same lot and that each has six or more inches in DBH.

The City further protects trees that have been designated “landmark” trees. A landmark tree is defined as a tree “that has been so designated by resolution of the City Council as well as any tree that has been designated in the General Plan as a primary historic resource.” (See Ordinance for list of criteria for designating a landmark tree.)

3.2.8 City of Fremont Storm Water Management and Discharge Control Ordinance

The City of Fremont has a Storm Water Management and Discharge Control Ordinance (Title VIII, Chapter 11 of the Municipal Code). The purpose and intent of this ordinance is to:

32 1. Reduce to the maximum extent practicable non-storm water discharges to the city storm drain system. 2. Control the discharge to the city storm drain system from spills, dumping or disposal of materials other than storm water. 3. Reduce pollutants in storm water discharges to the maximum extent practicable. 4. Protect and enhance the water quality of our watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. §§ 1251, et seq.).

This ordinance requires standard water protection measures, but also states that “No person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained from the city manager: … Carry out development within thirty feet of the center line of any creek or twenty feet of the top of a bank, whichever is greater.”

3.2.9 General Plan The Addenda to the City of Fremont’s General Plan Update (December 2011) provides guidance that riparian corridors should “Evaluate development within 100 feet of the top of bank of riparian areas and water bodies. …Carefully assess the extent and characteristics of riparian corridors and creeks to a minimum distance of 100 feet from the top of bank…”, but currently does not establish any required setbacks.

3.2.10 Habitat Conservation Plans

There are no known draft or adopted Habitat Conservation Plans that would cover the project area.

33 3.3 ENVIRONMENTAL IMPACT/MITIGATION

As described in Section 1.0, the proposed project is the development of the site into a residential community. The potential impacts and mitigations resulting from future development of the property are discussed further below and have been divided into “potentially significant impact” and “less than significant impacts” to clearly divide the biological issues present onsite.

Potentially Significant Impacts

3.3.1 Potential Impacts to Special Status Animal Species

Impact. Nineteen special status animal species occur, or once occurred, regionally (Table 2). Of these, 13 species would be absent or unlikely to occur on the site due to a lack of suitable habitat. These species include the California tiger salamander, California red-legged frog, foothill yellow-legged frog, Alameda whipsnake, western pond turtle, California least tern, golden eagle, American peregrine falcon, bank swallow, California yellow warbler, tricolored blackbird, western mastiff bat, and San Francisco dusky-footed woodrat.

The remaining six special status animal species from Table 2 potentially occur more frequently as regular foragers, transients, or may be resident to the site. These include the northern harrier, white-tailed kite, burrowing owl, Townsend’s big-eared bat, pallid bat, and American badger.

The currently designed proposed project is expected to result in a less-than-significant impact to habitat for all of the special status animal species listed in Table 2.

Mitigation. None warranted for impacts to habitat but see below potential impacts to some individuals during construction.

As mentioned above, site development may potentially result in direct mortality of individuals of these six species if they were found present during construction. Possible project impacts to individuals of these species is discussed in greater detail in the following sections.

3.3.2 Potential Impacts to the Northern Harrier, White-tailed Kite, and Non-listed Raptors

Although the loss of habitat for white-tailed kite would not be considered significant, impacts to individuals would be considered significant. The trees of the site provide suitable nesting habitat

34 for the white-tailed kite, as well as more common raptor species likewise protected by the California Fish and Game Code. Although a full pre-construction nesting raptor survey was not performed, no active stick nests or nests from previous years were observed in the proposed development footprint onsite during the December 2013 site visit, although a kestrel was observed perched in a tree onsite. Nonetheless, breeding pairs could choose to nest in the onsite trees or in the nearby trees in future years. Project construction at the time of nesting (February 1 through August 31) could induce the adults to abandon the nest when juveniles are present, thus leading to their starvation. The mortality of juveniles would constitute a significant adverse impact of the project.

Mitigation. Site development during the white-tailed kite and non-listed raptor nesting season (February 1 through August 31) could result in the abandonment of an active nest. The mortality of individuals that may result would constitute a significant adverse impact of the project; the loss of habitat would not constitute a significant adverse impact. The following mitigation measures are warranted to reduce impacts to nesting raptors:

 Mitigation Measure 3.3.2a: Should project construction be scheduled to commence between February 1 and August 31, a pre-construction survey will be conducted by a qualified biologist for nesting birds within the onsite trees as well as all trees within 250 feet of the site. This survey will occur within 30 days of the on-set of construction.

 Mitigation Measure 3.3.2b: If pre-construction surveys undertaken during the nesting season locate active nests within or near construction zones, these nests, and an appropriate buffer around them (as determined by a qualified biologist) will remain off- limits to construction until the nesting season is over. Suitable setbacks from occupied nests will be established by a qualified biologist and maintained until young are self- sufficient from their parents.

Outside of the nesting season (September 1-January 31), certain measures can be taken by the applicant to minimize encountering nesting raptors during the nesting season on the site. These measures include, but are not limited to tree removal or trimming, increasing noise and activity on the site, and monitoring efforts.

3.3.3 Potential Impacts to Burrowing Owls

Development of the project site would result in the conversion of pasture, ruderal fields, developed areas, and stables and corrals into habitat unsuitable for this species below the 20%

35 slope line; land above this line will not be impacted. Suitable nest burrows were largely absent from the site, however, a greater number of clumps of California ground squirrel (Otospermophilus beecheyi) burrows and debris piles were present in the pasture and ruderal field habitat types. Neither individual burrowing owls nor evidence of this species’ presence were detected during the December 2013 survey. Additionally, records for this conspicuous species are limited in the immediate vicinity with the closest known burrowing owls being reported approximately two miles from the site. Therefore, given that burrowing owls are unlikely to nest or winter on this site, development of the site is expected to result in a less than significant impact to loss of habitat. Even though this species is not likely to occur on site in the future, owls are volant species and could potentially (though unlikely) move onto the site in the future. The harm, injury or mortality of individuals from site development would be considered significant. Should site grading occur during the nesting season for this species (February 1 through August 31), nests and nestlings that may be present would likely be destroyed. Resident owls may also be buried in their nest burrows outside of the nesting season (September 1 through January 31). Any actions related to site development that result in the mortality of burrowing owls would constitute a violation of the federal Migratory Bird Treaty Act and provisions of the California Fish and Game Code. Therefore, the mortality of burrowing owls would constitute a significant adverse environmental impact.

Mitigation. Site development will potentially result in the mortality of burrowing owls if they move onto the site in the future. Mitigation measures that protect burrowing owls from possible direct mortality or nest failure will be warranted. Therefore, the project applicant will need to implement the following measures to ensure that burrowing owl mortality from project construction is avoided.

 Mitigation Measure 3.3.3a: A pre-construction survey will be conducted by a qualified biologist for burrowing owls within 30 days of the on-set of construction. This survey will be conducted according to methods described in the Staff Report on Burrowing Owl Mitigation (CDFW 2012). All suitable habitats of the site will be covered during this survey.

 Mitigation Measure 3.3.3b: If pre-construction surveys undertaken during the breeding season (February 1 through August 31) locate active nest burrows within or near construction zones, these nests, and an appropriate buffer around them (as determined by

36 a qualified biologist) will remain off-limits to construction until the breeding season is over or until a qualified biologist has determined that the natal burrow is no longer in use.

 Mitigation Measure 3.3.3c: During the non-breeding season (September 1 through January 31), resident owls may be relocated to alternative habitat. The relocation of resident owls must be according to a relocation plan prepared by a qualified biologist. Passive relocation will be the preferred method of relocation. This plan must provide for the owl’s relocation to nearby lands possessing available nesting and foraging habitat.

Full implementation of the measures identified above would mitigate impacts to burrowing owls potentially occurring on the site.

3.3.4 Potential Impacts to Townsend’s Big-eared Bat, Pallid Bat, and Other Roosting Bats

A number of bat species including, but not limited to the Townsend’s big-eared bat and pallid bat may forage on the site year-round or during migration. These bats are protected under the California Fish and Game Code (Sections 2000, 4150, and Title 14) and CEQA. In addition, the Townsend’s big-eared bat is currently proposed to be listed in the state of California as Endangered. The Townsend’s big-eared bat is currently under a 1-year review with CDFW, during which time, it will be afforded full protections as an Endangered species until the Commission has finalized their ruling. Several outbuildings, barns, and residences onsite provide potential roosting habitat. In addition, although not within the construction footprint, the eucalyptus grove provides potential roosting habitat for foliage-roosting bats such as the hoary bat and red bat.

In particular, the tile-roofs at the residence on the Dias parcel (APN 513-450-6-2) may provide difficult to survey roosting habitat under the tiles; the resident on this parcel also noted past use of the barn by bats. The Hobbs parcels also support residences, outbuildings, and barns that may support roosting bats.

Mitigation. Site development will potentially result in the mortality of roosting bats. Mitigation measures that protect roosting bats from possible direct mortality will be warranted. Therefore, the project applicant will implement the following measures to ensure that bat mortality from project construction is avoided.

 Mitigation Measure 3.3.4a: A detailed bat survey should be conducted prior to demolition of onsite buildings or removal of eucalyptus trees (eucalyptus trees are not 37 currently proposed for removal, however, should plans change to remove eucalyptus trees, preconstruction surveys would be necessary). If a non-breeding and non-wintering bat colony is found, the individuals should be humanely evicted via the partial dismantlement of the buildings prior to demolition under the direction of a qualified bat specialist to ensure that no harm or “take” would occur to any bats as a result of demolition activities.

 Mitigation Measure 3.3.4b: If a maternity colony or overwintering colony is detected in the buildings, then a construction-free buffer should be established around the structure and remain in place until it has been determined that the nursery is no longer active. Demolition should preferably be done between March 1 and April 15 or August 15 and October 15 to avoid interfering with an active nursery and/or overwintering bats. Mitigation would not be required for the loss of roosting or foraging habitat for bats, as such habitat is abundantly available regionally.

 Mitigation Measure 3.3.4c: As the Townsend’s big-eared bat is currently undergoing review to be listed as Endangered under the California Endangered Species Act and is afforded all protections of a fully Endangered species during the review process. If a Townsend’s big-eared bat maternity colony is detected (typical maternity dates are between April 15 and October 15) during surveys, a take permit (2081 Application) from the CDFW may be required, including a discussion of take avoidance, minimization, and compensation.

3.3.5 Potential Impact to American Badgers

Although badger sign was not observed on the site during the December 2013 survey, it is possible that badgers could be present within the ruderal field and pasture habitats of the site as other undeveloped ruderal field/grassland habitat to the north and east of the site is contiguous with this habitat. Conversion of the ruderal fields and pastures to urban development would result in a less-than-significant loss of habitat for the American badger but may result in harm or injury to individuals of this species, which would constitute a significant adverse impact. Mitigations for the American badger are discussed further below.

Mitigation. Site development will potentially result in the mortality of badgers. Mitigation measures that protect badgers from possible direct mortality will be warranted. Therefore, the project applicant will implement the following measures to ensure that bat mortality from project construction is avoided.

38  Mitigation Measure 3.3.5a: Pre-construction surveys conducted for burrowing owls should also be used to determine the presence or absence of badgers in the development footprint.

 Mitigation Measure 3.3.5b: If an active badger reproductive den is identified during pre- construction surveys within or immediately adjacent to the construction envelope, a construction-free buffer of up to 300 ft. should be established around the den. Because badgers are known to use multiple burrows in a breeding burrow complex, a biological monitor should be present onsite during construction activities to ensure the buffer is adequate to avoid direct impact to individuals or nest abandonment. The monitor would be necessary onsite until it is determined that young are of an independent age and construction activities would not harm individual badgers. Once it has been determined that badgers have vacated the site, the burrows can be collapsed or excavated, and ground disturbance can proceed.

 Mitigation Measure 3.3.5c: If an active day-use den is identified during preconstruction surveys, a construction-free buffer will be established around the den and a biological monitor will monitor the den with tracking medium and possibly wildlife cameras until the badger has left the den and it is no longer in use. Once it has been determined that badgers have vacated the site, the burrows can be collapsed or excavated, and ground disturbance can proceed.

3.3.6 Potential Impact to Special Status Plant Species

Impact. Of the thirteen special status plant species potentially occurring in the region, seven would be unlikely to occur or are considered to be absent from the project site due to the absence of suitable habitat and the condition of the site. The remaining six special status plant species have a possibility of occurring onsite including heartscale, brittlescale, and San Joaquin spearscale (blooms April through October), lesser saltscale (blooms May through October), Congdon’s tarplant (blooms May through November), and Saline clover (blooms April through June). Possible impacts to regional populations of these species from eventual site development may be considered to be a significant adverse impact should these species occur onsite.

Mitigation. Special status plant species should be conducted in the appropriate season to determine the presence and extent of these species onsite. For the species listed above, two surveys should occur: one in Spring (April or May) and the other in Fall (early October). Should these species occur onsite, additional mitigation may be warranted.

39

Less than Significant Impacts

3.3.7 Potential Impacts to Riparian Habitat and Other Sensitive Natural Communities, Including Federally Protected Wetlands

Impact. Sensitive natural communities such as riparian habitat are absent from the site. Therefore, there will be a no impacts to sensitive natural communities of the site.

Mitigation. Mitigation is not warranted for impacts to sensitive natural communities.

3.3.8 Impact to Movement or Nursery Sites of Fish or Wildlife Species

Impact. The developed, pasture, and ruderal field areas of the site where the proposed project will occur do not constitute a movement corridor for native wildlife. Creeks and riparian habitat are absent from the project site. Site development will have little effect on home range and dispersal movements of native wildlife moving through the site. Therefore, this project will result in a less than significant effect on regional wildlife movements.

Mitigation. None warranted.

3.3.9 Impact to Habitat for Fish and Wildlife Species

Impact. Development of the project site will convert disturbed upland areas used by few native wildlife species into an active residential community. While the upland portion of the site provides some habitat for regional wildlife populations, it is not of unique or significant value to such populations. The project will not result in a fish or wildlife population dropping below self- sustaining levels, or threaten to eliminate an animal community. Therefore, development of the site will not constitute a significant adverse environmental impact on wildlife resources.

Mitigation. None warranted.

3.3.10 Degradation of Water Quality in Seasonal Creeks, Reservoirs and Downstream Waters

Impact. The proposed project will require grading, excavation, and vegetation removal, thereby resulting in the project site becoming vulnerable to sheet, rill or gully erosion. Eroded soil is

40 generally carried as sediment in surface runoff to be deposited in natural creek/river beds, canals, and adjacent wetlands.

To avoid or minimize sedimentation to offsite waters, the applicant will be required to develop an erosion control plan. The applicant must also comply with standard erosion control measures that employ best management practices (BMPs), develop a SWPPP per State Water Quality Control Board Stormwater Permit, and conform with the City of Fremont’s Storm Water Management and Discharge Control Municipal Code, Title VII, Chapter 11. If the applicant abides by the above requirements, impacts to downstream waters from erosion and polluted stormwater runoff will be reduced to a less than significant level.

Mitigation. None warranted. 3.3.11 Conflict with Local Policies or Ordinances

Impact. There are two local policies or ordinances that the project will need to abide by are the City of Fremont’s Tree Ordinance and Storm Water Management and Discharge Control Ordinance. The applicant will be responsible for conforming to these two ordinance requirements and applying for any necessary permits if an ordinance size tree is to be removed or the project does not meet the storm water requirements. A tree survey and arborist report has not been conducted for this site. A tree survey will be required to address the City of Fremont’s Tree Ordinance.

Mitigation. As long as the project conforms to the two ordinances described above, no mitigation is warranted.

3.3.12 Conflict with an Adopted Habitat Conservation Plan

Impact. There are no draft or adopted Habitat Conservation Plans for the project area at this time.

Mitigation. None warranted.

41 LITERATURE CITED

California Department of Fish and Game. 2006. California fish and game code. Gould Publications. Binghamton, N.Y.

California Department of Fish and Game. 2013. Annual report on the status of California state listed threatened and endangered animals and plants. The Resources Agency, Sacramento, CA.

California Department of Fish and Game. 2013. California natural diversity database. The Resources Agency, Sacramento, CA.

California Native Plant Society. 2013. Inventory of Rare and Endangered Vascular Plants of California (Online Edition). Rare Plant Scientific Advisory Committee, David P. Tibor, Convening Editor. California Native Plant Society. Sacramento, California.

City of Fremont General Plan. 1991. Resolution No. 8080

City of Fremont Genearl Plan Update. 2011. Resolution 2011-69

City of Fremont Municipal Code. 2013. http://www.codepublishing.com/ca/fremont/

Hickman, James C. ed. 1993. The Jepson Manual: Higher Plants of California. University of California Press, Berkeley, CA.

Holland, R.F. 1986. Preliminary Description of the terrestrial natural communities of California. Resources Agency, Sacramento, CA. 156 pp.

Mayer, Kenneth E. & William F. Laudenslayer, Jr. Ed. 1988. A guide to wildlife habitats of California. California Department of Forestry and Fire Protection. Sacramento, CA. 166 pp.

Natural Resource Conservation Service. 2013. Web Soil Survey. USDA.

Remy M.H, Thomas T.A, Moose J.M, Manley W.F. 1996. Guide to the California Environmental Quality Act. Solano Press Books, Point Arena, CA.

Sawyer J, Keeler-Wolf T, 1995. A Manual of California Vegetation. California Native Plant Society.

U.S. Army Corps of Engineers (USACE). 1987. Corps of Engineers wetlands delineation manual. Department of the Army.

U.S. Army Corps of Engineers (USACE). 2013. Jurisdictional Determination for the Mission Boulevard project site (File No. 2012-00279S).

42 U.S. Fish and Wildlife Service (USFWS). 2011. Endangered and threatened wildlife and plants.

Wetland Training Insitute, Inc. 1990. Federal Wetland Regulation Reference Manual. B.N. Goode and R.J. Pierce (eds.) WTI 90-1. 281pp.

Zeiner DC., Laudenslayer W.F,Mayer K.E, White M. Ed. 1988. California’s wildlife, volume I, amphibians and reptiles. Department of Fish and Game. Sacramento, CA. 272 pp.

Zeiner DC., Laudenslayer W.F,Mayer K.E, White M. Ed. 1988. California’s wildlife, volume II, birds. Department of Fish and Game. Sacramento, CA. 731 pp.

Zeiner DC., Laudenslayer W.F,Mayer K.E, White M. Ed. 1988. California’s wildlife, volume III, mammals. Department of Fish and Game. Sacramento, CA. 407 pp.

43 APPENDIX A: VASCULAR PLANTS OF THE SITE

The plant species listed below have been observed on the Dias and Hobbs study area during the survey conducted by Live Oak Associates on December 18, 2013. All plants have been named according to The Jepson Manual (Hickman 1993). The U.S. Fish and Wildlife Service indicator status of each plant has been shown following its common name.

OBL - Obligate FACW - Facultative Wetland FAC - Facultative FACU - Facultative Upland UPL - Upland +/- - Higher/lower end of category NR - No review NA - No agreement NI - No investigation

AGAVACEAE – Agave Family Agave sp. Agave UPL AIZOACEAE – Fig-Marigold Family Carpobrotus edulis Ice Plant UPL ALOACEAE – Aloe Family Aloe sp. Aloe sp. UPL ANACARDIACEAE – Sumac Family Schinus molle Peruvian Pepper Tree UPL ARALIACEAE – Ginseng Family Hedera helix* English Ivy UPL ARECACEAE – Palm Family Washingtonia sp. Fan Palm UPL Phoenix canariensis Canary Island Date Palm UPL APIACEAE – Carrot Family Foeniculum vulgare* Sweet fennel FACU APOCYNACEAE – Dogbane Family Nerium oleander Oleander UPL ASTERACEAE - Sunflower Family Baccharis pilularis Coyote Brush UPL Carduus pycnocephalus* Italian thistle UPL Centaurea calcitrapa* Purple star thistle UPL Centaurea solstitialis* Yellow star thistle UPL Cirsium vulgare* Bull thistle FACU Cynara cardunculus Artichoke NI Holocarpha sp. Tarweed UPL Osteospermum sp. African Daisy - Picris echioides* Bristly ox-tongue FAC* Silybum marianum Milk Thistle UPL 44 Sonchus sp.* Sowthistle UPL BRASSICACEAE – Mustard Family Brassica sp. Mustard UPL Raphanus sativus* Wild radish UPL CACTACEAE – Cactus Family Opuntia sp. Prickly Pear UPL CAPRIFOLIACEAE – Honeysuckle Family Sambucus mexicana Blue Elderberry FAC CONVOLVULACEAE – Morning-Glory Family Ipomoea sp. Morning Glory FAC CRASSULACEAE – Stonecrop Family Crassula ovata Jade Plant - CUPRESSACEAE – Cypress Family Juniperus sp. Juniper Bush UPL EUPHORBIACEAE – Spurge Family Euphorbia pulcherrima Poinsettia - FABACEAE – Mimosa Family Albizia sp. Silktree UPL Lotus sp. Clover UPL FAGACEAE – Oak Family Lithocarpus densiflorus Tan-oak - Quercus agrifolia Coast Live Oak UPL GERANIACEAE – Geranium Family Erodium sp.* Filaree UPL Geranium purpureum Garden Geranium - IRIDACEAE – Iris Family Iris sp. Iris FAC JUGLANDACEAE – Walnut Family Juglans regia English Walnut UPL LAMIACEAE – Mint Family Lavandula stoechas Lavender - Mentha pulegium* Pennyroyal OBL Rosmarinus officinalis Rosemary - MAGNOLIACEAE – Magnolia Family Magnolia grandiflora* Southern magnolia - MALVACEAE – Mallow Family Malva sp. Mallow - MUSACEAE – Banana Family Musa sp. Banana Tree FACW MYRTACEAE – Myrtle Family Eucalyptus globulus* Blue Gum Eucalyptus UPL Callistemon citrinus Bottlebrush UPL OLEACEAE – Olive Family Olea europaea Olive UPL Ligustrum lucidum Privet UPL 45 OXALIDACEAE – Oxalis Family Oxalis pes-caprae* Bermuda Buttercup UPL PAPAVERACEAE – Poppy Family Eschscholzia californica California poppy UPL PINACEAE – Pine Family Picea sp. Spruce UPL Pinus sp. Pine tree FACU PLUMBAGINACEAE – Leadwort Family Plumbago auriculata Cape Leadwort UPL POACEAE - Grass Family Avena sp.* Wild oat UPL Bromus diandrus* Ripgut brome UPL Hordeum sp. Barley - Leymus triticoides Creeping Wild Rye FAC+ Lolium multiflorum* Italian ryegrass UPL Stipa miliacea* Smilo grass UPL POLYGONACEAE – Buckwheat Family Rumex sp.* Dock - ROSACEAE – Rose Family Prunus domestica Plum FACU Prunus dulcis* Almond UPL Rosa sp. Planted Rose FAC+/- Rubus discolor* Himalayan Blackberry FACW* Cotoneaster sp. Cotoneaster UPL Eriobotrya japonica Loquat UPL PROTEACEAE – Protea Family Grevillea robusta Silkoak TBD RUTACEAE – Citrus Family Citrus sp. Citrus (orange, lemon, etc.) UPL SCROPHULARIACEAE – Figwort Family Buddleja davidii Butterfly Bush FACU SOLANACEAE – Nightshade Family Lycianthes rantonnei Potato Bush - STRELITZIACEAE – Bird of Paradise Family Strelitzia reginae Bird of paradise - TAXODIACEAE – Bald Cypress Family Sequoia sempervirens Coast Redwood UPL TROPAEOLACEAE - Nasturtium Family Tropaeolum majus Nasturtium UPL VERBENACEAE – Vervain Family Lantana camara Lantana FACU

46 APPENDIX B: TERRESTRIAL VERTEBRATE SPECIES THAT POTENTIALLY OCCUR ON THE SITE

The species listed below are those that may reasonably be expected to use the habitats of the study area. The list was not intended to include birds that are vagrants or occasional transients. Its purpose was rather to include those species that may be expected to routinely and predictably use the planning area during some or all of the year. An asterisk denotes a species observed on the project site during the survey conducted on December 18, 2013.

CLASS: AMPHIBIA ORDER: CAUDATA FAMILY: PLETHODONTIDAE (Lungless Salamanders) Ensatina (Ensatina eschscholtzii) Arborial Salamander (Aneides lugubris) California Slender Salamander (Batrachoseps attenuatus) ORDER: ANURA (Frogs and Toads) FAMILY: HYLIDAE (Treefrogs and Relatives) Pacific Treefrog (Hyla regilla)

CLASS: REPTILIA ORDER: SQUAMATA (Lizards and Snakes) SUBORDER: SAURIA (Lizards) FAMILY: PHRYNOSOMATIDAE *Western Fence Lizard (Sceloporus occidentalis) FAMILY: SCINCIDAE (Skinks) Western Skink (Eumeces skiltonianus) FAMILY: ANGUIDAE (Alligator Lizards and Relatives) Alligator Lizard (Elgaria multicarinata) SUBORDER: SERPENTES (Snakes) FAMILY: COLUBRIDAE (Colubrids) Common Kingsnake (Lampropeltis getulus) Pacific Gopher Snake (Pituophis catenifer catenifer) Terrestrial Garter Sanke (Thamnophis elegans) FAMILY: VIPERIDAE (Vipers) Pacific Rattlesnake (Crotalus oreganus)

CLASS: AVES ORDER: CICONIIFORMES (Herons, Storks, Ibises, and relatives) FAMILY: CATHARTIDAE (American Vultures) *Turkey Vulture (Cathartes aura) ORDER: GALLIFORMES (Chicken, Pheasants, Turkey) FAMILY: PHASINIDAE (Pheasants) *Domestic Chicken (Gallus gallus) SUBFAMILY: MELEAGRIDINAE (Turkey) *Wild Turkey (Meleagris gallopavo) ORDER: FALCONIFORMES (Vultures, Hawks, and Falcons)

47 FAMILY: ACCIPITRIDAE (Hawks, Old World Vultures, and Harriers) Red-shouldered Hawk (Buteo lineatus) White-tailed Kite (Elanus caeruleus) Red-tailed Hawk (Buteo jamaicensis) Cooper’s Hawk (Accipiter cooperii) Sharp-shinned Hawk (Accipiter striatus) FAMILY: FALCONIDAE (Caracaras and Falcons) *American Kestrel (Falco sparverius) ORDER: COLUMBIFORMES (Pigeons and Doves) FAMILY: COLUMBIDAE (Pigeons and Doves) Mourning Dove (Zenaida macroura) *Eurasian Collared Dove (Streptopelia decaocto) ORDER: STRIGIFORMES (Owls) FAMILY: TYTONIDAE (Barn owls) Barn Owl (Tyto alba) FAMILY: STRIGIDAE (Typical Owls) Great Horned Owl (Bubo virginianus)

ORDER: APODIFORMES (Swifts and Hummingbirds) FAMILY: TROCHILIDAE (Hummingbirds) *Anna's Hummingbird (Calypte anna) Rufous Hummingbird (Selasphorus rufus) ORDER: PICIFORMES (Woodpeckers and Relatives) FAMILY: PICIDAE (Woodpeckers and Wrynecks) Acorn Woodpecker (Melanerpes formicivorus) ORDER: PASSERIFORMES (Perching Birds) FAMILY: TYRANNIDAE (Tyrant Flycatchers) *Black Phoebe (Sayornis nigricans) Say’s Phoebe (Sayornis saya) FAMILY: VIREONIDAE (Typical Vireos) Cassin’s Vireo (Vireo cassinii) Hutton’s Vireo (Vireo huttoni) FAMILY: CORVIDAE (Jays, Magpies, and Crows) *Western Scrub Jay (Aphelocoma californica) Stellar Jay (Cyanocitta stelleri) *American Crow (Corvus brachyrhynchos) Common Raven (Corvus corax) FAMILY: SITTIDAE (Nuthatches) White-breasted Nuthatch (Sitta carolinensis) FAMILY: TROGLODYTIDAE (Wrens) House Wren (Troglodytes aedon) Bewick’s Wren (Thryomanes bewickii) FAMILY: REGULIDAE (Kinglets) Ruby-crowned Kinglet (Regulus calendula) FAMILY: TURDIDAE (Thrushes) Western Bluebird (Sialia Mexicana) 48 American Robin (Turdus migratorius) FAMILY: MIMIDAE (Mockingbirds and Thrashers) Northern Mockingbird (Mimus polyglottos) FAMILY: STURNIDAE (Starlings and Allies) European Starling (Sturnus vulgaris) FAMILY: EMBERIZIDAE (Emberizines) *White-crowned Sparrow (Zonotrichia albicollis) Song Sparrow (Melospiza melodia) *California towhee (Pipilo crissalis) FAMILY: CARDINALIDAE (Cardinals, Grosbeaks, and Allies) Black-headed Grosbeak (Pheucticus melanocephalus) FAMILY: ICTERIDAE (Blackbirds, Orioles and Allies) Red-winged Blackbird (Agelaius phoeniceus) Western Meadowlark (Sturnella neglecta) *Brewer's Blackbird (Euphagus cyanocephalus) FAMILY: FRINGILLIDAE (Finches) *Lesser Goldfinch (Carduelis psaltria) *House Finch (Carpodacus mexicanus)

CLASS: MAMMALIA ORDER: DIDELPHIMORPHI (Marsupials) FAMILY: DIDELPHIDAE (Opossums) Virginia Opossum (Didelphis virginiana) ORDER: CHIROPTERA (Bats) FAMILY: VESPERTILIONIDAE (Evening Bats) Big Brown Bat (Eptesicus fuscus) Townsend’s Big-eared Bat (Corynorhinus townsendii) Hoary Bat (Lasiurus cinereus) Pallid Bat (Antrozous pallidus) ORDER: LAGOMORPHA (Rabbits, Hares, and Pikas) FAMILY: LEPORIDAE (Rabbits and Hares) Desert Cottontail (Sylvilagus audubonii) Black-tailed Jackrabbit (Lepus californicus) ORDER: RODENTIA (Squirrels, Rats, Mice, and Relatives) FAMILY: SCIURIDAE (Squirrels, Chipmunks, and Marmots) Western Gray Squirrel (Sciurus griseus) *California Ground Squirrel (Otospermophilus beecheyi) Eastern Fox Squirrel (Sciurus niger) FAMILY: GEOMYIDAE (Pocket Gophers) *Botta’s Pocket Gopher (Thomomys bottae) FAMILY: MURIDAE (Mice, Rats and Voles) Deer Mouse (Peromyscus maniculatus) California Meadow Vole (Microtus californicus) ORDER: CARNIVORA (Carnivores) FAMILY: CANIDAE (Foxes, Wolves, and Relatives) Coyote (Canis latrans) 49 Red Fox (Vulpes vulpes) Gray Fox (Urocyon cinereoargenteus) *Feral Dog (Canis familiaris) FAMILY: PROCYONIDAE (Raccoons and Relatives) Raccoon (Procyon lotor) FAMILY: MEPHITIDAE (Skunks) *Striped Skunk (Mephitis mephitis) FAMILY: FELIDAE (Cats) *Feral Cat (Felis cattus) Cougar (Puma concolor) Bobcat (Lynx rufus) ORDER: ARTIODACTYLA FAMILY: CERVIDAE (Deer, Elk, and Relatives) Black-tailed Deer (Odocoileus hemionus columbianus)

50 APPENDIX C: SITE PLANS

51