APPENDIX 4.3 Biological Resources Biological Resources Assessment
Santa Clara Square Residential/Mixed Use Project Santa Clara, Santa Clara County, California
Prepared for:
Irvine Company 690 N. McCarthy Blvd. Suite 100 Milpitas, California 95035
Prepared by:
WRA, Inc. 2169-G East Francisco Blvd. San Rafael, CA 94901
WRA Contact:
Kate Allan [email protected]
Date:
May 2015
2169-G East Francisco Blvd., San Rafael, CA 94702 (415) 454-8868 tel [email protected] www.wra-ca.com TABLE OF CONTENTS
EXECUTIVE SUMMARY ...... iii 1.0 INTRODUCTION ...... 1 2.0 REGULATORY BACKGROUND ...... 1 2.1 Sensitive Biological Communities ...... 1 2.2 Sensitive Special-Status Species ...... 4 3.0 METHODS ...... 5 3.1 Biological Communities ...... 6 3.1.1 Non-sensitive Biological Communities ...... 6 3.1.2 Sensitive Biological Communities ...... 6 3.2 Special-Status Species ...... 7 3.2.1 Literature Review ...... 7 3.2.2 Site Assessment ...... 7 4.0 RESULTS ...... 8 4.1 Biological Communities ...... 9 4.1.1 Non-Sensitive Biological Communities ...... 9 4.1.2 Sensitive Biological Communities ...... 9 4.1.3 Other Biological Communities ...... 11 4.2 Special-Status Species ...... 11 4.2.1 Plants ...... 11 4.2.2 Wildlife ...... 11 5.0 SUMMARY AND RECOMMENDATIONS...... 15 5.1 Biological Communities ...... 15 5.2 Special-Status Species ...... 15 6.0 POTENTIAL IMPACTS AND MITIGATION ...... 16 6.1 Project Description ...... 16 6.2 Significance Threshold Criteria ...... 16 6.3 Discussion of Impacts ...... 17 6.4 Mitigation Measures ...... 18 7.0 CONCLUSION ...... 19 8.0 REFERENCES ...... 20
LIST OF APPENDICES
Appendix A – List of Observed Plant and Wildlife Species Appendix B – Potential for Special-Status Species to Occur in the Project Area Appendix C – Site Photographs
i LIST OF TABLES
Table 1. Description of CNPS Ranks and Threat Codes ...... 5
LIST OF FIGURES
Figure 1. Project Area Location Map ...... 2 Figure 2. Biological Communities within the Project Area ...... 10 Figure 3. Special-Status Plants within 5 Miles of the Project Area ...... 12 Figure 4. Special-Status Wildlife within 5 Miles of the Project Area ...... 13
LIST OF ACRONYMS AND ABBREVIATIONS
BMPs Best Management Practices CCR California Code of Regulations CDFG California Department of Fish and Game CDFW California Department of Fish and Wildlife CEQA California Environmental Quality Act CESA California Endangered Species Act CFGC California Fish and Game Code CFR Code of Federal Regulations CNDDB California Natural Diversity Database CNPS California Native Plant Society Corps U.S. Army Corps of Engineers EFH Essential Fish Habitat ESA Federal Endangered Species Act Inventory CNPS Inventory of Rare and Endangered Plants MTBA Migratory Bird Treaty Act NMFS National Marine Fisheries Service NOAA National Oceanic and Atmospheric Administration Rank California Rare Plant Rank RWQCB Regional Water Quality Control Board USDA U.S. Department of Agriculture USFWS U.S. Fish and Wildlife Service WRA WRA, Inc.
ii EXECUTIVE SUMMARY
The purpose of this report is to provide an analysis of natural community and special-status species issues at the Santa Clara Square Residential/Mixed Use Project Area in Santa Clara, California.
On March 16, 2015, WRA, Inc. (WRA) conducted a biological resources assessment within the Santa Clara Square Residential/Mixed Use Project Area. WRA observed one biological community, 15 plant species and 13 wildlife species within the Project Area. No sensitive biological communities were identified within the Project Area. Impacts to one sensitive biological community which borders the site, the channelized San Tomas Aquino Creek, will be negated by impact avoidance and the incorporation of Stormwater Pollution Prevention Plan measures. The Project has no potential to impact special-status plant species. The Project has the potential to impact two special-status wildlife species including Nuttall’s woodpecker and oak titmouse, as well as non-special-status native birds. With the incorporation of nesting bird surveys and exclusion buffers, potential impacts to nesting birds will be reduced to less than significant.
iii 1.0 INTRODUCTION
On March 16, 2015, WRA, Inc. (WRA) performed an assessment of biological resources at the approximately 33-acre Santa Clara Square Residential/Mixed Use site (Project Area) in the city of Santa Clara, Santa Clara County, California (Figure 1). The site is bordered by office complexes and parking lots to the west, Augustine Drive and US 101 to the north, Scott Boulevard and office buildings to the south, and the channelized San Tomas Aquino Trail and Creek to the east. The Project Area is entirely developed with office building complexes, parking lots and associated landscaping. Similar types of development surround the site for at least 2.5 miles in all directions.
The purpose of the assessment was to gather information necessary to complete a review of biological resources under the California Environmental Quality Act (CEQA). This report describes the results of the site visit, which assessed the Project Area for the (1) potential to support special-status species; and (2) presence of other sensitive biological resources protected by local, state, and federal laws and regulations. If special-status species were observed during the site visit, they were recorded. This report also contains an evaluation of potential impacts to special-status species and sensitive biological resources that may occur as a result of the proposed Project and potential mitigation measures to compensate for those impacts.
A biological resources assessment provides general information on the potential presence of sensitive species and habitats. The biological assessment is not an official protocol-level survey for listed species that may be required for project approval by local, state, or federal agencies. This assessment is based on information available at the time of the study and on site conditions that were observed on the date of the site visit.
2.0 REGULATORY BACKGROUND
The following sections explain the regulatory context of the biological assessment, including applicable laws and regulations that were applied to the field investigations and analysis of potential project impacts.
2.1 Sensitive Biological Communities
Sensitive biological communities include habitats that fulfill special functions or have special values, such as wetlands, streams, or riparian habitat. These habitats are protected under federal regulations such as the Clean Water Act; state regulations such as the Porter-Cologne Act, the CDFW Streambed Alteration Program, and CEQA; or local ordinances or policies such as city or county tree ordinances, Special Habitat Management Areas, and General Plan Elements.
Waters of the United States
The U.S. Army Corps of Engineers (Corps) regulates “Waters of the United States” under Section 404 of the Clean Water Act. Waters of the U.S. are defined in the Code of Federal Regulations (CFR) as waters susceptible to use in commerce, including interstate waters and wetlands, all other waters (intrastate waterbodies, including wetlands), and their tributaries (33 CFR 328.3). Potential wetland areas, according to the three criteria used to delineate wetlands
1 Project Area
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Detail Area
Figure 1. Project Area Location Map .
0 0.25 0.5 1 Santa Clara Square Map Date: May 2015 Map By: Derek Chan Santa Clara County, California Miles Base Source: ESRI/National Geographic
Path: L:\Acad 2000 Files\23000\23013-2\gis\ArcMap\Fig1_LocMap_20150317.mxd as defined in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987), are identified by the presence of (1) hydrophytic vegetation, (2) hydric soils, and (3) wet- land hydrology. Areas that are inundated at a sufficient depth and for a sufficient duration to exclude growth of hydrophytic vegetation are subject to Section 404 jurisdiction as “other waters” and are often characterized by an ordinary high water mark (OHWM). Other waters, for example, generally include lakes, rivers, and streams. The placement of fill material into Waters of the U.S. generally requires an individual or nationwide permit from the Corps under Section 404 of the Clean Water Act.
Waters of the State
The term “Waters of the State” is defined by the Porter-Cologne Act as “any surface water or groundwater, including saline waters, within the boundaries of the state.” The Regional Water Quality Control Board (RWQCB) protects all waters in its regulatory scope and has special responsibility for wetlands, riparian areas, and headwaters. These waterbodies have high resource value, are vulnerable to filling, and are not systematically protected by other programs. RWQCB jurisdiction includes “isolated” wetlands and waters that may not be regulated by the Corps under Section 404. Waters of the State are regulated by the RWQCB under the State Water Quality Certification Program which regulates discharges of fill and dredged material under Section 401 of the Clean Water Act and the Porter-Cologne Water Quality Control Act. Projects that require a Corps permit, or fall under other federal jurisdiction, and have the potential to impact Waters of the State, are required to comply with the terms of the Water Quality Certification determination. If a proposed project does not require a federal permit, but does involve dredge or fill activities that may result in a discharge to Waters of the State, the RWQCB has the option to regulate the dredge and fill activities under its state authority in the form of Waste Discharge Requirements.
Streams, Lakes, and Riparian Habitat
Streams and lakes, as habitat for fish and wildlife species, are subject to jurisdiction by CDFW under Sections 1600-1616 of California Fish and Game Code. Alterations to or work within or adjacent to streambeds or lakes generally require a 1602 Lake and Streambed Alteration Agreement. The term “stream”, which includes creeks and rivers, is defined in the California Code of Regulations (CCR) as “a body of water that flows at least periodically or intermittently through a bed or channel having banks and supports fish or other aquatic life [including] watercourses having a surface or subsurface flow that supports or has supported riparian vegetation” (14 CCR 1.72). In addition, the term “stream” can include ephemeral streams, dry washes, watercourses with subsurface flows, canals, aqueducts, irrigation ditches, and other means of water conveyance if they support aquatic life, riparian vegetation, or stream- dependent terrestrial wildlife (CDFG 1994). “Riparian” is defined as “on, or pertaining to, the banks of a stream.” Riparian vegetation is defined as “vegetation which occurs in and/or adjacent to a stream and is dependent on, and occurs because of, the stream itself” (CDFG 1994). Removal of riparian vegetation also requires a Section 1602 Lake and Streambed Alteration Agreement from CDFW.
Essential Fish Habitat
Essential Fish Habitat (EFH) is regulated through the National Marine Fisheries Service (NMFS), a division of the National Oceanic and Atmospheric Administration (NOAA). Protection of EFH is mandated through changes implemented in 1996 to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) to protect the loss of habitat
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necessary to maintain sustainable fisheries in the United States. The Magnuson-Stevens Act defines EFH as "those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity" [16 USC 1802(10)]. NMFS further defines essential fish habitat as areas that "contain habitat essential to the long-term survival and health of our nation's fisheries" (NMFS 2007). EFH can include the water column, certain bottom types such as sandy or rocky bottoms, vegetation such as eelgrass or kelp, or structurally complex coral or oyster reefs. Under regulatory guidelines issued by NMFS, any federal agency that authorizes, funds, or undertakes action that may affect EFH is required to consult with NMFS (50 CFR 600.920).
Other Sensitive Biological Communities
Other sensitive biological communities not discussed above include habitats that fulfill special functions or have special values. Natural communities considered sensitive are those identified in local or regional plans, policies, regulations, or by the CDFW. CDFW ranks sensitive communities as "threatened" or "very threatened" and keeps records of their occurrences in its California Natural Diversity Database (CNDDB; CDFW 2013). Sensitive plant communities are also identified by CDFW (2010). CNDDB vegetation alliances are ranked 1 through 5 based on NatureServe's (2010) methodology, with those alliances ranked globally (G) or statewide (S) as 1 through 3 considered sensitive. Impacts to sensitive natural communities identified in local or regional plans, policies, or regulations or those identified by the CDFW or USFWS must be considered and evaluated under CEQA (CCR Title 14, Div. 6, Chap. 3, Appendix G). Specific habitats may also be identified as sensitive in city or county general plans or ordinances.
Relevant Local Policies, Ordinances, Regulations
The Project Area is regulated by the City of Santa Clara’s General Plan (City of Santa Clara 2010) which outlines conservation goals and policies for the City of Santa Clara. These policies outline the requirements to protect and replace trees in in two sections. Section 5.10.1 P4 protects all healthy cedars, redwoods, oaks, olives, bay laurel and pepper trees of any size, and all other trees over 36 inches in circumference measured from 48 inches above grade on private and public property as well as in the public right of way. Section 5.3.1 P10 requires the provision of opportunities for increased landscaping and trees in the community, including requirements for new development to provide street trees and a minimum 2:1 on or off site replacement for trees removed as part of the proposal to help increase the urban forest and minimize the heat island effect. In addition, the Santa Clara city code (City of Santa Clara 2015), Section 12.35.020 requires a written permit from the superintendent of streets to remove or alter any tree, plant or shrub planted or growing in streets or public places.
2.2 Sensitive Special-Status Species
Special-status species include those plants and wildlife species that have been formally listed, are proposed as endangered or threatened, or are candidates for such listing under the Federal Endangered Species Act (ESA) or California Endangered Species Act (CESA). These acts afford protection to both listed species and those that are formal candidates for listing. In addition, California Department of Fish and Wildlife (CDFW) Species of Special Concern, which are species that face extirpation in California if current population and habitat trends continue, U.S. Fish and Wildlife Service (USFWS) Birds of Conservation Concern, and CDFW special- status invertebrates, are all considered special-status species. Although CDFW Species of Special Concern generally have no special legal status, they are given special consideration under the California Environmental Quality Act (CEQA). Bat species are also evaluated for conservation status by the Western Bat Working Group (WBWG), a non-governmental entity;
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bats named as a “High Priority” species for conservation by the WBWG are typically considered special-status. In addition to regulations for special-status species, most birds in the United States, including non-special-status native species, are protected by the Migratory Bird Treaty Act of 1918 (MBTA) and the California Fish and Game Code (CFGC), i.e., sections 3503, 3503.5 and 3513. Under these laws, destroying active bird nests, eggs, and/or young is illegal.
Plant species on the California Native Plant Society (CNPS) Rare and Endangered Plant Inventory (Inventory) with California Rare Plant Ranks (Rank) of 1 and 2 are also considered special-status plant species and must be considered under CEQA. Rank 3 and Rank 4 species are afforded little or no protection under CEQA, but are included in this analysis for completeness. A description of the CNPS Ranks is provided below in Table 1.
Table 1. Description of CNPS Ranks and Threat Codes California Rare Plant Ranks (formerly known as CNPS Lists) Rank 1A Presumed extirpated in California and either rare or extinct elsewhere Rank 1B Rare, threatened, or endangered in California and elsewhere Rank 2A Presumed extirpated in California, but more common elsewhere Rank 2B Rare, threatened, or endangered in California, but more common elsewhere Rank 3 Plants about which more information is needed - A review list Rank 4 Plants of limited distribution - A watch list Threat Ranks 0.1 Seriously threatened in California 0.2 Moderately threatened in California 0.3 Not very threatened in California
Critical Habitat
Critical habitat is a term defined in the ESA as a specific geographic area that contains features essential for the conservation of a threatened or endangered species and that may require special management and protection. The ESA requires federal agencies to consult with the USFWS to conserve listed species on their lands and to ensure that any activities or projects they fund, authorize, or carry out will not jeopardize the survival of a threatened or endangered species. In consultation for those species with critical habitat, federal agencies must also ensure that their activities or projects do not adversely modify critical habitat to the point that it will no longer aid in the species’ recovery. In many cases, this level of protection is similar to that already provided to species by the ESA jeopardy standard. However, areas that are currently unoccupied by the species but which are needed for the species’ recovery are protected by the prohibition against adverse modification of critical habitat.
3.0 METHODS
On March 16, 2015 WRA Inc. (WRA) conducted a site visit to the Project Area. Prior to the site visit, background literature was reviewed to assess the potential presence of sensitive vegetation types, aquatic communities, and special-status plant and wildlife species. The site was traversed on foot by a biologist familiar with the vegetation, aquatic communities, and
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special-status species known from Santa Clara County. All plant and wildlife species observed on-site were recorded. Site conditions were documented to assess the potential for special- status plant and wildlife to occur within the Project Area. This assessment was based on the quality, presence, and/or absence of habitat elements necessary to support special-status species.
3.1 Biological Communities
Prior to the site visit, the soil survey for Santa Clara County, California, U.S. Department of Agriculture (USDA) 2015 was examined to determine if any unique soil types that could support sensitive plant communities and/or aquatic features were present in the Project Area. Biological communities present in the Project Area were classified based on existing plant community descriptions described in the Preliminary Descriptions of the Terrestrial Natural Communities of California (Holland 1986). However, in some cases it is necessary to identify variants of community types or to describe non-vegetated areas that are not described in the literature. Biological communities were classified as sensitive or non-sensitive as defined by CEQA and other applicable laws and regulations.
3.1.1 Non-sensitive Biological Communities
Non-sensitive biological communities are those communities that are not afforded special protection under CEQA, and other state, federal, and local laws, regulations and ordinances. However, these communities may still provide suitable habitat for some special-status plant or wildlife species and are identified or described in Section 4.1.1 below.
3.1.2 Sensitive Biological Communities
Sensitive biological communities are defined as those communities that are given special protection under CEQA and other applicable federal, state, and local laws, regulations and ordinances. Applicable laws and ordinances are discussed above in Section 2.0. Special methods used to identify sensitive biological communities are discussed below.
Wetlands and Waters
The Project Area was surveyed to determine if any wetlands and waters potentially subject to jurisdiction by the Corps, RWQCB, or CDFW were present. The assessment was based primarily on the presence of wetland plant indicators, but may also include any observed indicators of wetland hydrology or wetland soils. Any potential wetland areas were identified as areas dominated by plant species with a wetland indicator status1 of OBL, FACW, or FAC as given on the U.S. Army Corps of Engineers National Wetlands Plant List (Lichvar 2012). Evidence of wetland hydrology can include direct evidence (primary indicators), such as visible inundation or saturation, algal mats, and oxidized root channels, or indirect (secondary) indicators, such as a water table within two feet of the soil surface during the dry season. Some indicators of wetland soils include dark colored soils, soils with a sulfidic odor, and soils that contain redoximorphic features as defined by the Corps Manual (Environmental Laboratory 1987) and Field Indicators of Hydric Soils in the United States (NRCS 2010).
1 OBL = Obligate, always found in wetlands (> 99% frequency of occurrence); FACW = Facultative wetland, usually found in wetlands (67-99% frequency of occurrence); FAC = Facultative, equal occurrence in wetland or non- wetlands (34-66% frequency of occurrence).
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Other Sensitive Biological Communities
The Project Area was evaluated for the presence of other sensitive biological communities, including riparian areas, sensitive plant communities recognized by CDFW. Prior to the site visit, aerial photographs, local soil maps, the List of Vegetation Alliances (CDFG 2010), and A Manual of California Vegetation (Sawyer et al. 2009) were reviewed to assess the potential for sensitive biological communities to occur in the Project Area. All alliances within the Project Area with a ranking of 1 through 3 were considered sensitive biological communities and mapped. These communities are described in Section 4.1.2 below.
3.2 Special-Status Species
3.2.1 Literature Review
Potential occurrence of special-status species were evaluated by first determining which special-status species occur in the vicinity of the Project Area through a literature and database search. Database searches for known occurrences of special-status species focused on the San Jose West 7.5 minute USGS quadrangle and the surrounding USGS quadrangles which covered a radius of five miles from the Project Area. The following sources were reviewed to determine which special-status plant and wildlife species have been documented to occur in the vicinity of the Project Area:
• California Natural Diversity Database (CNDDB) records (CDFW 2015) • USFWS quadrangle species lists (USFWS 2015) • CNPS Inventory records (CNPS 2015) • CDFG publication “California’s Wildlife, Volumes I-III” (Zeiner et al. 1990) • CDFG publication “California Bird Species of Special Concern” (Shuford and Gardali 2008) • Breeding Bird Atlas of Santa Clara County, California (Bousman 2007) • CDFG publication “Amphibians and Reptile Species of Special Concern in California” (Jennings 1994) • A Field Guide to Western Reptiles and Amphibians (Stebbins 2003) • University of California at Davis Information Center for the Environment Distribution Maps for Fishes in California (2015) • National Marine Fisheries Service Distribution Maps for California Salmonid Species (2015)
3.2.2 Site Assessment
A site visit was made to the Project Area to search for suitable habitats that may support special-status species. Habitat conditions observed at the site were used to evaluate the potential for presence of special-status species based on these searches and the professional expertise of the investigating biologists. The potential for each special-status species to occur in the Project Area was then evaluated according to the following criteria:
• No Potential. Habitat on and adjacent to the site is clearly unsuitable for the species requirements (foraging, breeding, cover, substrate, elevation, hydrology, plant community, site history, disturbance regime).
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• Unlikely. Few of the habitat components meeting the species requirements are present, and/or the majority of habitat on and adjacent to the site is unsuitable or of very poor quality. The species is not likely to be found on the site. • Moderate Potential. Some of the habitat components meeting the species requirements are present, and/or only some of the habitat on or adjacent to the site is unsuitable. The species has a moderate probability of being found on the site. • High Potential. All of the habitat components meeting the species requirements are present and/or most of the habitat on or adjacent to the site is highly suitable. The species has a high probability of being found on the site. • Present. Species is observed on the site or has been recorded (i.e. CNDDB, other reports) on the site recently.
The site assessment is intended to identify the presence or absence of suitable habitat for each special-status species known to occur in the vicinity in order to determine its potential to occur in the Project Area. The site visit does not constitute a protocol-level survey and is not intended to determine the actual presence or absence of a species; however, if a special-status species is observed during the site visit, its presence will be recorded and discussed.
In cases where little information is known about species occurrences and habitat requirements, the species evaluation was based on best professional judgment of WRA biologists with experience working with the species and habitats. If necessary, recognized experts in individual species biology were contacted to obtain the most up to date information regarding species biology and ecology.
If a special-status species was observed during the site visit, its presence is recorded and discussed below in Section 4.2. For some species, a site assessment visit at the level conducted for this report may not be sufficient to determine presence or absence of a species to the specifications of regulatory agencies. In these cases, a species may be assumed to be present or further protocol-level special-status species surveys may be necessary. Special- status species for which further protocol-level surveys may be necessary are described in Section 5.0.
4.0 RESULTS
The Project Area covers approximately 33 acres, is situated within urban and commercial development, and is composed entirely of man-made features and landscaping. Development similar to that found in the Project Area surrounds the site for at least 2.5 miles. To the east, the site is also bordered by a berm on which the San Tomas Aquino Creek Trail is located; the channelized San Tomas Aquino Creek is located east of the trail, approximately 50 feet from the Project Area boundary. The Project Area contains office buildings, paved parking lots, roads, and sections of landscaped vegetation (see Appendix C for site photos). These structures are maintained and subject to human disturbance.
The surface of the Project Area has been rendered largely impermeable by the construction of office buildings and parking lots. The soil makeup of the entire Project Area has been classified as urban land (USDA 2015). This impermeable urban development has also been engineered to convey waters away from the site and into the municipal storm drain system. Neither the impermeable surfaces nor the limited areas of permeable surface within the landscaped areas showed any signs of saturation or inundation.
8 Any landscaped areas are composed of irrigated and maintained ornamental grasses, shrubs and mature trees, with infrequent non-native weeds. Although several tree species native to California are included in the landscaping, such as redwood (Sequoia sempervirens), they were intentionally planted and do not constitute a native vegetation community.
The following sections present the results and discussion of the biological assessment within the Project Area.
4.1 Biological Communities
The only community observed within the Project Area is a non-sensitive biological community classified as developed land. Although San Tomas Aquino Creek does not occur within the Project Area, due to its proximity along the eastern border, it is considered a sensitive biological community for this report. A description of the biological communities observed is contained within the following sections. Biological communities within the Project Area are shown in Figure 2.
4.1.1 Non-Sensitive Biological Communities
Although not described in the literature, developed lands are those that have been altered by humans and may contain structures, paved surfaces, landscaped features or other non-natural surfaces. This land cover type is present throughout the entire Project Area and includes paved roads, commercial office buildings, and parking lots. The only vegetative communities observed within the Project Area also fall within this classification. The vegetative communities observed within the Project Area are comprised of landscaped, maintained, and primarily ornamental species planted for aesthetics around office buildings. These areas are not considered sensitive habitats.
4.1.2 Sensitive Biological Communities
No sensitive vegetation or aquatic communities were present within the Project Area. As noted above, the site has been designed to move surface water away and prevent ponding anywhere on the site. No evidence of saturation or inundation was observed during the site visit. Thus, no sensitive aquatic communities are present, and none will likely be permitted to form within the Project Area. Additionally, the vegetation present within the site is not a native vegetation community, and it is maintained as such, which precludes the growth of native, sensitive vegetation communities throughout the site.
San Tomas Aquino Creek is located approximately 50 feet east of the Project Area, and it is considered a sensitive biological community. The creek has been heavily altered from its natural state. It is bound by paved and concrete reinforced levies on both banks. Box culverts are also present under many of the bridge crossings, including the Scott Boulevard Bridge. These alterations channelize the creek and prevent it from interacting with the surrounding developed areas. Although the creek is located outside the Project footprint, the creek may receive runoff from the Project Area via the municipal storm drains, and it has therefore been included in this assessment. Though San Tomas Aquino Creek has been channelized and altered from its native state, it still supports native plant species and several native fish species. Historic records documented steelhead (Oncorhynchus mykiss) in the creek; however, recent surveys have shown that steelhead have not occupied the creek in recent years, and they are considered absent (Leidy et al. 2005).
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Scott Blvd Coronado Dr Coronado
Project Area - 33 acres
Developed - 33 acres Figure 2. Biological Communities within the Project Area .
0 200 400 800 Map Prepared Date: 5/14/2015 Santa Clara Square Map Prepared By: dchan Base Source: ESRI World Imagery (2010) Santa Clara County, California Feet Data Source(s): WRA Path: L:\Acad 2000 Files\23000\23013-2\gis\ArcMap\Fig2_BioComms_20150514.mxd 4.1.3 Other Biological Communities
The City of Santa Clara’s General Plan affords protection for several species of tree found within the Project Area including: oaks (Quercus sp.), olive (Olea europaea) and redwood (Sequoia sempervirens) trees, as well as trees greater than the minimum specified circumference. Due to the protection granted by such laws, trees of this type may constitute a sensitive biological community. However, trees within the Project Area are planted, and are not a naturally occurring community. Therefore these trees are not a sensitive biological community. Removal of such trees is under the jurisdiction of the city. Any removal, avoidance or mitigation measures are governed by the city and must be approved or mitigated for, prior to construction. Because trees within the Project Area are under the protection of the city, and any preservation or mitigation will be addressed by these entities during the permitting process, these trees were not considered a sensitive biological community for the purpose of this report.
4.2 Special-Status Species
4.2.1 Plants
Of the 52 special-status plant species documented to occur in Santa Clara County (CNPS 2015, CDFW 2015, USFWS 2015), none have potential to occur within the Project Area. The Project Area is largely covered by buildings, pavement, parking lots, and roads. Any areas that do support vegetation have no potential to support special-status plant species due to one or more of the following:
• Specific edaphic conditions, such as soils derived from serpentine or volcanics, are absent; • Specific hydrologic conditions, such as brackish tidal action, are absent; • Common associated plant species and vegetation communities are absent; • The Project Area is below the documented elevation range of the species; • Lack of a viable seed bank due to historic and contemporary soil alterations; • Non-native species competition; and • Regular disturbance (e.g., mowing, landscape maintenance) of the Project Area.
Special-status plants which have been recorded within 5 miles of the Project Area are shown in Figure 3. None of the special-status plants recorded in CNDDB occur within the Project Area. Appendix B summarizes the potential occurrence for each special-status plant species occurring in the vicinity of the Project Area.
4.2.2 Wildlife
Fifty-five species of special-status wildlife have been documented in Santa Clara County (CDFW 2015, USFWS 2015). One special-status wildlife species was observed in the Project Area during the site assessment: Nuttall’s woodpecker (Picoides nuttallii). Special-status wildlife which have been recorded within 5 miles of the Project Area are shown in Figure 4. None of the special-status species recorded in CNDDB have occurred within the Project Area. Based upon the literature review, and the site assessment, two of the 55 wildlife species documented in the vicinity of the Project Area have a moderate potential to occur, or have been recorded as present, within the Project Area. Those species include: Nuttall’s woodpecker and oak titmouse (Baeolophus inornatus). Both species are discussed below.
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Congdon's tarplant Point Reyes salty bird's-beak hairless popcornflower
Hall's bush-mallow alkali milk-vetch robust spineflower
Hoover's button-celery arcuate bush-mallow saline clover
Figure 3. Special Status Plant Species Occurrences within 5 miles of the Project Area .
0 1 2 4 Map Prepared Date: 4/23/2015 Santa Clara Square Map Prepared By: dchan Miles Base Source: ESRI Santa Clara County, California Data Source(s): WRA, CNDDB Path: L:\Acad 2000 Files\23000\23013-2\gis\ArcMap\Fig3_CNDDB_Plants.mxd a re A t c je o r P m o r f r e f f u b
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Alameda song sparrow Townsend's big-eared bat salt-marsh wandering shrew
American peregrine falcon * burrowing owl saltmarsh common yellowthroat
California clapper rail great blue heron western pond turtle
California tiger salamander pallid bat western snowy plover
Swainson's hawk salt-marsh harvest mouse white-tailed kite * detailed location withheld by CDFW Figure 4. Special Status Wildlife Species Occurrences within 5 miles of the Project Area .
0 1 2 4 Map Prepared Date: 4/23/2015 Santa Clara Square Map Prepared By: dchan Miles Base Source: ESRI Santa Clara County, California Data Source(s): WRA, CNDDB Path: L:\Acad 2000 Files\23000\23013-2\gis\ArcMap\Fig4_CNDDB_Wildlife.mxd Nuttall’s woodpecker (Picoides nuttallii). USFWS Bird of Conservation Concern, CDFW Species of Special Concern. Nuttall’s Woodpecker, common in much of its range, is a year- round resident throughout most of California west of the Sierra Nevada. Typical habitat is oak or mixed woodland, and riparian areas (Lowther 2000). Nesting occurs in tree cavities, principally those of oaks and larger riparian trees. This species forages on a variety of arboreal invertebrates.
This species was observed foraging in oak trees along the eastern portion of the Project Area. While suitable nesting trees are limited within the Project Area, the observation of the species and presence of oak trees along the eastern portion of the Project Area may provide nesting as well as foraging habitat for the species. This species is relatively common within this portion of its range.
Oak titmouse (Baeolophus inornatus), USFWS Bird of Conservation Concern. This relatively common species is a year-round resident throughout much of California including most of the coastal slope, the Central Valley and the western Sierra Nevada foothills. Its primary habitat is woodland dominated by oaks. Local populations have adapted to woodlands of pines and/or junipers in some areas (Cicero 2000). The oak titmouse nests in tree cavities, usually natural cavities or those excavated by woodpeckers, though they may partially excavate their own (Cicero 2000). Seeds and arboreal invertebrates make up the birds’ diet.
This species commonly occurs within urbanized areas where oaks are present. Because the species utilizes tree cavities for nesting, only certain trees such as oaks can provide nesting habitat for the species. Trees suitable for nesting within the Project Area are limited. However, due to the presence of suitable trees and access to low quality urban foraging habitat within the Project Area, there is a moderate potential for this species to occur within the Project Area.
Appendix B summarizes the potential occurrence for each special-status wildlife species occurring in the vicinity of the Project Area. The remaining 53 species of wildlife which have been documented in Santa Clara County were determined to have no potential, or are unlikely to occur within the Project Area due to one or more of the following:
• Suitable terrestrial habitat including: grassland, chaparral, forest, or woodland is absent; • Aquatic habitat including: open water, rivers, creeks, canals, ponds, wetlands, marsh or vernal features are absent; • Suitable soils required to support host plants are absent; • Suitable vegetation to provide cavities and complex foliage for roost sites are absent; • Buildings are maintained and inhabited, and • Burrows or burrowing mammals are absent.
Due to the absence of such features, species which occur elsewhere in Santa Clara County, such as western burrowing owl (Athene cunicularia), California tiger salamander (Ambystoma californiense) and American peregrine falcon (Falco peregrinus anatum) are excluded from the Project Area. A primary habitat component for burrowing owls and California tiger salamanders is the presence of suitable small mammal burrows, which are completely lacking in the Project Area. The peregrine falcon requires cliffs or tall, artificial structures such as bridge or crane towers in which to nest, and open expanses of water with water birds on which to feed, neither of which is found in or adjacent to the Project Area. Therefore, there is little or no potential for these species to occur within the Project Area.
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Appendix A documents the observations of other wildlife species which were encountered during the site visit. Among the species observed were non-special-status native bird species. The nests of native bird species are protected by the MTBA, as well as State CFGC and destroying active bird nests, eggs, and/or young is illegal. Many of these species are adapted to living in urban environments and may nest within or on buildings, trees and other vegetation throughout the Project Area during the nesting season. The nesting season generally extends from February 1 through August 31.
5.0 SUMMARY AND RECOMMENDATIONS
No sensitive biological communities were identified within the Project Area. No special-status plant species have the potential to occur within the Project Area. Two special-status wildlife species have potential to occur. Non-special-status native birds have the potential to nest within the Project Area. The following sections present recommendations for future studies and/or measures to avoid or reduce impacts to these species and sensitive habitats.
5.1 Biological Communities
The entire Project Area is comprised of developed lands which are not considered a sensitive biological community. The Project Area borders the channelized San Tomas Aquino Creek which is considered a sensitive biological community and potentially within the jurisdiction of the Corps under Section 404 of the Clean Water Act and RWQCB under the Porter Cologne Act and Section 401 of the Clean Water Act. However, the creek is outside of the Project Area and no alterations are proposed to any portion of the creek. Due to the proximity of the creek to the Project Area, and connection to the Project Area via the municipal storm water system, possible impacts from runoff may occur. It is recommended that Best Management Practices (BMPs) be developed and employed to prevent any contamination from construction activities. Impacts and mitigation measures are outlined in more detail in Section 6.
5.2 Special-Status Species
Due to the extent of development, and lack of required habitat features discussed in section 4.2.1, none of the 52 species of special-status plants documented in the vicinity of the site have a moderate or high potential to occur within the Project Area. Additionally, the highly developed nature of the Project Area, and the absence of available habitat features discussed in section 4.2.2 excludes most species of special-status wildlife from occurring within the Project Area. Only Nuttall’s woodpecker and oak titmouse have potential to occur, or have been documented within the Project Area.
In addition to the two special-status bird species, non-special-status native birds protected by the MTBA and CFGC may be impacted by construction if construction occurs during the nesting season, which generally extends from February 1 through August 31.
It is recommended that: (1) Project activities be initiated during the non-nesting season (September 1 – January 31); (2) pre-construction nesting bird surveys be conducted within 14 days prior to ground disturbing activities, or after a 14-day lapse in construction activities to identify and avoid disturbance to active nests; (3) monitoring of nests be conducted or a no- disturbance buffer be instituted around active nests. A full analysis of impacts and mitigation measures for the special-status and non-status native bird species are discussed further in Section 6.
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6.0 POTENTIAL IMPACTS AND MITIGATION
6.1 Project Description
The Project proposes to demolish existing office buildings on the site and construct an infill, mixed-use residential development that would consist of approximately 1,800 rental apartment units in seven apartment complexes. The residential buildings would range in height from approximately 45 to 80 feet and parking garages would be constructed for residents of the dwellings. The Project will also include construction of approximately 40,000 square feet of retail space, 4,500 square feet of leasing space, and approximately 38,000 square feet of amenity space. The retail space would be located in the northwestern corner of the Project Area along the east side of a new street that would run north-south connecting Scott Boulevard to Augustine Drive. Other infrastructure improvements (i.e., sewer, water, and storm drainage) needed to serve the proposed Project would also be constructed within the Project Area and in the public right-of ways. Such improvements have been considered as part of the proposed Project.
6.2 Significance Threshold Criteria
Pursuant to Appendix G, Section IV of the State CEQA Guidelines, a project would have a significant impact on biological resources if it would:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS;
b) 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 CDFW or USFWS;
c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means;
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites;
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance; and/or,
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan.
This report utilizes these thresholds in the analysis of impacts and determination of the significance of those impacts. The assessment of impacts under CEQA is based on the change caused by the Project relative to the existing conditions at the proposed Project Site. The existing conditions at the Project Site are described above, based on surveys conducted in 2015. In applying CEQA Appendix G, the terms “substantial” and “substantially” are used as the basis for significance determinations in many of the thresholds, but are not defined qualitatively
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or quantitatively in CEQA or in technical literature. In some cases, such as direct impacts to special-status species listed under the CESA or ESA, the determination of a substantial impact may be relatively straightforward. In other cases, the determination is less clear, and requires application of best professional judgment based on knowledge of site conditions as well as the ecology and physiology of biological resources present in a given area. Determinations of whether or not Project activities will result in a substantial adverse effect to biological resources are discussed in the following sections for sensitive biological communities, special-status plant species, and special-status wildlife species.
6.3 Discussion of Impacts
The entire Project Area is comprised of developed land, which is not considered a sensitive habitat under CEQA. The only potentially sensitive biological community, San Tomas Aquino Creek, is located outside of the Project Area and occurs along the eastern border. This area is connected to the Project Area via the municipal storm drain system and may receive runoff from the Project. No potentially significant impacts are expected to occur to the creek following the implementation of suitable BMPs. No special-status plants have the potential to occur within the Project Area; thus, there is no potential for the Project to impact special-status plants. Special- status wildlife species, including Nuttall’s woodpecker and oak titmouse may nest and/or forage within the Project Area. In addition, non-special-status native bird species may nest within the Project Area. No significant impacts are expected to occur with the implementation of suitable mitigation measures, which may include: nesting bird surveys, nest monitoring, and no- disturbance exclusion buffers. Potentially significant Project-related impacts and the associated mitigation measures are discussed below.
Impact BIO-1: Sensitive Biological Communities
The Project Area borders San Tomas Aquino Creek. Photographs of the channelized creek showing earthen levies and concrete reinforced banks are included in Appendix C. The creek is not within the Project Area and no work will occur in the creek. Although the creek is located outside of the Project Area and separated from the Project Area by a berm approximately 6 feet high, the creek may receive runoff from the Project Area following rain events. Runoff from the Project Area may cause a significant impact to aquatic species within the creek by causing excess siltation. Excess siltation may impact aquatic species by interfering with gill function. Runoff may also result in fill or pollution of the creek, which is potentially within Corps jurisdiction under Section 404 of the Clean Water Act and under the jurisdiction of the RWQCB under the Porter-Cologne Act.
Level of Significance before Mitigation: Potentially Significant
Impact BIO-2: Impacts to Nesting Birds
The Project has the potential to impact two special-status bird species: Nuttall’s woodpecker and oak titmouse. The Project may affect these species by modifying nesting habitat, or by causing disturbance of a sufficient level to cause abandonment of an active nest. These impacts would be considered significant under CEQA.
The Project may also affect non-special-status native nesting birds which are protected by the MTBA and CFCG. Potential impacts to these species and their habitats could occur during the removal of vegetation, structures, during grading, or during ground-disturbing activities. These activities could result in the direct removal or destruction of the active nests of protected, non-
17
special-status bird species. These activities may also create audible, vibratory and/or visual disturbances which cause birds to abandon active nests. Activities that result in the direct removal of active nests or disturbance to breeding birds sufficient to result in the abandonment of active nests would be considered a significant impact under CEQA.
Level of Significance before Mitigation: Potentially Significant
6.4 Mitigation Measures
MM BIO-1: Sensitive Biological Communities
All Project activities shall avoid the creek. Best Management Practices (BMPs) shall be devised and implemented to prevent discharge of any Project-related materials such as fuel, engine lubricants or sediment. Only natural fiber or biodegradable materials shall be used for BMPs. All erosion control products shall be removed at the completion of construction activities. With the incorporation of these avoidance measures, impacts to features potentially within jurisdiction of the Corps and RWQCB will be reduced to less than significant.
Level of Significance after Mitigation: Less than Significant
MM BIO-2: Impacts to Nesting Birds.
For the protection of special status bird species and birds species protected by the Migratory Bird Treaty Act and Fish and Game Codes, Project activities shall occur during the non- breeding bird season to the extent feasible (September 1 – January 31). However, if vegetation removal, grading, demolition of structures, or initial ground-disturbing activities must occur during the breeding season (February 1 through August 31), a survey for active bird nests shall be conducted by a qualified biologist no more than 14 days prior to the start of these activities. The survey shall be conducted in a sufficient area around the work site to identify the location and status of any nests that could potentially be affected by Project activities.
If active nests of protected species are found within Project impact areas or close enough to these areas to affect breeding success, a work exclusion zone shall be established around each nest by a qualified biologist. Established exclusion zones shall remain in place until all young in the nest have fledged or the nest otherwise becomes inactive (e.g., due to predation). Appropriate exclusion zone sizes vary dependent upon bird species, nest location, existing visual buffers and ambient sound levels, and other factors; an exclusion zone radius may be as small as 50 feet (for common, disturbance-adapted species) or as large as 250 feet or more for raptors. Exclusion zone size may also be reduced from established levels if supported with nest monitoring by a qualified biologist indicating that work activities outside the reduced radius are not adversely impacting the nest.
Level of Significance after Mitigation: Less than Significant
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7.0 CONCLUSION
Based on the results of the site assessment, it is not anticipated that the Project will result in potentially significant impacts to sensitive biological communities, special-status plant species, or special-status wildlife species, or to non-special status species protected by the MBTA or Fish and Game Codes. Any effects to the adjacent San Tomas Aquino Creek shall be avoided through the implementation of erosion control materials and/or measures which will prevent the discharge of any materials during Project activities. No special-status plants were observed during the site visit, and none are expected to occur within the Project Area; accordingly, no avoidance measures are required. One special-status wildlife species, a Nuttall’s woodpecker was observed during the site visit. One additional special-status wildlife species, oak titmouse, and non-special-status native bird species protected by the MBTA and CFGC have the potential to occur within the Project Area. Avoidance measures including nesting bird surveys, nest monitoring and/or exclusion buffers shall be utilized to avoid impacts to these species. Accordingly, with implementation of the recommended mitigation measures, all potential Project-related impacts to sensitive biological resources shall be avoided or reduced to less than significant levels.
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8.0 REFERENCES
Baldwin, BG, DH Goldman, DJ Keil, R Patterson, TJ Rosatti, and DH Wilken (eds.). 2012. The Jepson Manual: Vascular Plants of California, second edition. University of California Press, Berkeley, CA.
Bousman, W.G. 2007. Breeding Bird Atlas of Santa Clara County, California. Santa Clara Valley Audubon Soc. 547 pp.
California Department of Fish and Game (CDFG). 2010. List of Vegetation Alliances and Associations. Vegetation Classification and Mapping Program, Sacramento, CA.
California Department of Fish and Game (CDFG). 1994. A Field Guide to Lake and Streambed Alteration Agreements, Sections 1600-1607, California Fish and Game Code. Environmental Services Division, Sacramento, CA.
California Department of Fish and Wildlife (CDFW). 2014. California Natural Diversity Database. Wildlife and Habitat Data Analysis Branch, Sacramento, CA.
California Invasive Plant Council (Cal-IPC). 2014. California Invasive Plant Inventory Database. California Invasive Plant Council, Berkeley, CA. Online at: http://www.cal- ipc.org/paf/; most recently accessed: March 2015
California Native Plant Society (CNPS). 2014. Inventory of Rare and Endangered Plants of California. California Native Plant Society, Sacramento, California. Online at: http://www.rareplants.cnps.org; most recently accessed: March 2015
Cicero, C. 2000. Oak Titmouse (Baeolophus inornatus), The Birds of North America Online (A Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online: http://bna.birds.cornell.edu/bna/species/485a.
City of Santa Clara. 2010. Celebrating Our Past, Present and Future - 2010 - 2035 General Plan. Online at: http://santaclaraca.gov/ftp/csc/pdf/general-plan/2010-2035-General- Plan-Combined-Final.pdf; most recently accessed: March 12, 2015.
City of Santa Clara. 2015. The Santa Clara City Code. Most recently updated: March 24, 2015. Online at: http://www.codepublishing.com/ca/santaclara/mobile/ Most recently accessed: May 2015
eBird. 2015. eBird: An online database of bird distribution and abundance. eBird, Cornell Lab of Ornithology, Ithaca, New York. Online at: http://www.ebird.org. Most recently accessed: March 2015.
Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Department of the Army, Waterways Experiment Station, Vicksburg, Mississippi 39180- 0631.
Holland, RF. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California. Prepared for the California Department of Fish and Game, Sacramento, CA.
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Information Center for the Environment (ICE). 2015. Distribution Maps of Fishes in California. Department of Environmental Science and Policy, University of California, Davis. Online at: http://ice.ucdavis.edu/aquadiv/fishcovs/fishmaps.html; most recently accessed: March 2015.
Jennings, MR. 2004. An Annotated Check List of Amphibians and Reptile Species of California and Adjacent Waters, third revised edition. California Department of Fish and Game, Sacramento, CA.
Jepson Flora Project (eds.). 2013. Jepson eFlora. Online at: http://ucjeps.berkeley.edu/IJM.html; most recently accessed March 2015.
Leidy, RA, GS Becker, BN Harvey. 2005. Historical distribution and current status of steelhead/rainbow trout (Oncorhynchus mykiss) in streams of the San Francisco Estuary, California. Center for Ecosystem Management and Restoration, Oakland, CA.
Lichvar, RW. 2012. The National Wetland Plant List. Cold Regions Research and Engineering Laboratory. U.S. Army Corps of Engineers Research and Development Center. Hanover, NH. October 2012.
Lichvar, RW. 2013. The National Wetland Plant List: 2013 wetland ratings. Phytoneuron 2013- 49: 1-241.
Lichvar, RW, M. Butterwick, NC Melvin, and WN Kirchner. 2014. The National Wetland Plant List: 2014 Update of Wetland Ratings. Phytoneuron 2014-41: 1-42.
Lowther, PE. 2000. Nuttall's Woodpecker (Picoides nuttallii), The Birds of North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online:http://bna.birds.cornell.edu/bna/species/555.
National Marine Fisheries Service (NMFS). 2007. Essential Fish Habitat. Online at: http://www.habitat.noaa.gov/protection/efh/index.html; most recently accessed: March 2015.
Natural Resources Conservation Service (NRCS). 2010. Field Indicators of Hydric Soils in the United States, version 7.0. In cooperation with the National Technical Committee for Hydric Soils, Fort Worth, TX.
NatureServe. 2010. NatureServe Conservation Status. Available online at: http://explorer.natureserve.org/ranking.htm.
Sawyer, J, T Keeler-Wolf and J Evens. 2009. A Manual of California Vegetation. California Native Plant Society, Berkeley, CA.
Shuford, WD, and T Gardali (eds). 2008. California Bird Species of Special Concern: A ranked assessment of species, subspecies, and distinct populations of birds of immediate conservation concern in California. Studies of Western Birds 1. Western Field Ornithologists, Camarillo, California, and CDFG, Sacramento.
Stebbins, RC. 2003. A Field Guide to Western Reptiles and Amphibians, third edition. The Peterson Field Guide Series, Houghton Mifflin Company, NY.
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U.S. Department of Agriculture (USDA), Natural Resources Conservation Service. 2015. Web Soil Survey. Online at http://websoilsurvey.nrcs.usda.gov; most recently accessed: March 2015.
United States Fish and Wildlife Service (USFWS). 2015. Species Lists, Sacramento Fish and Wildlife Office. Available online at: http://www.fws.gov/sacramento; most recently accessed: March 2015.
Zeiner, DC, WF Laudenslayer, Jr., KE Mayer, and M White. 1990. California's Wildlife, Volume I-III: Amphibians and Reptiles, Birds, Mammals. California Statewide Wildlife Habitat Relationships System, California Department of Fish and Game, Sacramento, CA.
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APPENDIX A
LIST OF OBSERVED PLANT AND WILDLIFE SPECIES
Appendix A. List of observed plant and wildlife species at the Santa Clara Square Project Area during the field survey on March 16, 2015.
Scientific Name Common name Wildlife Corvus brachyrhynchos American crow Turdus migratorius American robin Calypte anna Anna’s hummingbird Sayornis nigricans black phoebe Junco hyemalis dark-eyed junco Larus sp. gull sp. Haemorhous mexicanus house finch Passer domesticus house sparrow Zenaida macroura mourning dove Mimus polyglottos northern mockingbird Picoides nuttallii Nuttall’s woodpecker Aphelocoma californica western scrub-jay Sciurus niger fox squirrel
Plants Prunus sp. fruitless plum Magnolia sp. magnolia tree Agapanthus sp. agapanthus Nerium oleander oleander Liquidambar styraciflua American sweetgum Sequoia sempervirens redwood Hedera helix English ivy Ilex sp. holly Olea europaea olive Carpobrotus edulis ice plant quercas agrifolia coast live oak Rhaphiolepis indica indian hawthorn Pyrus taiwanensis pyrus
Scientific Name Common name Cercis occidentalis redbud Lantana montevidensis trailing Lantana
APPENDIX B
POTENTIAL FOR SPECIAL-STATUS SPECIES TO OCCUR IN THE PROJECT AREA
Appendix B. Potential for special-status plant and wildlife species to occur in the Project Area. List compiled from the California Natural Diversity Database (CDFW 2015), U.S. Fish and Wildlife Service Species Lists (2015), and California Native Plant Society Rare and Endangered Plant Inventory (CNPS 2015) USGS 7.5-minute quadrangle searches for San Jose East, San Jose West, Cupertino, Mountain view, Milpitas, and Calaveras Reservoir for plants and wildlife. SPECIES STATUS* HABITAT POTENTIAL FOR OCCURRENCE** RECOMMENDATIONS
Plants robust spineflower FE, Rank Coastal dunes/scrub, sandy No Potential. No suitable coastal No further action is Chorizanthe robusta var. robusta 1B.1 terraces and bluffs in loose habitat for this species occurs within recommended for this sand; 1-120 meters. Blooms the Project Area. species. April-September.
Contra Costa goldfields FE, Rank Valley and foothill grassland, No Potential. The Project Area is No further action is Lasthenia conjugens 1B.1 vernal pools, cismontane entirely developed. There is no recommended for this woodland, vernal pools, suitable vernal pool or wetland species. swales, low depressions, in habitat in the Project Area. open grassy areas. 1-445 meters. Blooms March-June. Metcalf Canyon jewelflower FE, Rank Valley and foothill grassland, No Potential. No suitable habitat or No further action is Streptanthus albidus ssp. albidus 1B.1 relatively open areas with serpentine soils occur within the recommended for this serpentine soils; 45-800 m Project Area. species. elevation. Blooms April- July.
California seablite FE, Rank Marshes and swamps (coastal No Potential. No suitable coastal No further action is Suaeda californica 1B.1 salt). 0 - 15 meters. Blooms marsh or swamp habitat occurs recommended for this July - October. within the Project Area. species.
B-1
SPECIES STATUS* HABITAT POTENTIAL FOR OCCURRENCE** RECOMMENDATIONS fountain thistle FE, Rank Chaparral (openings), No Potential. No suitable chaparral, No further action is Cirsium fontinale var. fontinale 1B.1 cismontane woodland, valley woodland, grassland/ seep habitat or recommended for this and foothill grassland in serpentine soils occur within the species. serpentine seeps. 45 - 175 Project Area to support the species. meters. Blooms May-October.
Marin western flax FT, Rank Chaparral, valley and foothill No Potential. The Project Area is No further action is Hesperolinon congestum 1B.1 grassland in serpentine soils. entirely developed. No suitable recommended for this 5 - 370 meters. Blooms April- habitat or serpentine soils, occur species. July. within the Project Area to support the species.
San Mateo woolly sunflower FE, Rank Cismontane woodland (often No Potential. No suitable serpentine No further action is Eriophyllum latilobum 1B.1 serpentinite, on roadcuts). 45 soils or woodland habitat occurs recommended for this – 150 m. Blooms May-June. within the Project Area. species.
Santa Clara Valley dudleya FE, Rank Cismontane woodland, valley No Potential. No suitable habitat for No further action is Dudleya abramsii ssp. setchellii 1B.1 and foothill grassland/ rocky this species or serpentine soils recommended for this serpentine outcrops; 60-455 occurs within the Project Area. species. m elevation. Blooms April- June.
San Mateo thorn-mint FE, SE, Chaparral, valley and foothill No Potential. No suitable habitat or No further action is Acanthomintha duttonii Rank grassland in serpentine soils. serpentine soils occur within the recommended for this 1B.1 50 - 300 meters. Blooms Project Area to support this species. species. April-June.
B-2
SPECIES STATUS* HABITAT POTENTIAL FOR OCCURRENCE** RECOMMENDATIONS coyote ceanothus Ceanothus FE, rank Occurs in chaparral, and No Potential. No suitable chaparral No further action is ferrisae 1B.1 valley grassland. Blooms or grassland habitat occurs within the recommended for this January - May Project Area to support the species. species.
Santa Cruz tarplant FE, Rank Found in clay, sandy coastal No Potential. There are no suitable No further action is Holocarpha macradenia 1B.1 prairie, scrub or valley/foothill habitats such as grassland or scrub recommended for this grassland to support the species. species.
Contra Costa goldfields FE, Rank Occurs on mesic substrates in No Potential. The Project area is No further action is Lasthenia conjugens 1B.1 cismontane woodland, entirely developed and does not recommended for this alkaline playas, valley and contain suitable habitat, such as species. foothill grassland; and vernal woodland, playas, valley and foothill pools. Elevations range from grassland, or vernal pools. sea level to 470 meters. Blooming period from March to June. Congdon's tarplant Rank Typical habitat includes No Potential. The Project Area is No further action is Centromadia parryi ssp. 1B.1 alkaline valley and foothill entirely developed and does not recommended for this congdonii grassland. Elevations range contain suitable habitat, such as species. from 0 to 230 meters. valley and foothill grassland.
B-3
SPECIES STATUS* HABITAT POTENTIAL FOR OCCURRENCE** RECOMMENDATIONS lesser saltscale Rank Chenopod scrub, playas, No Potential. No suitable scrub, No further action is Atriplex minuscula 1B.1 valley and foothill grassland seep, or grassland habitat occurs recommended for this on alkaline, sandy soils. 15 - within the Study Area to support the species. 200 meters. Blooms May- species. October.
Loma Prieta hoita Rank Chaparral, cismontane No Potential. The Project area is No further action is Hoita strobilina 1B.1 woodland, riparian woodland/ entirely developed. No suitable recommended for this usually serpentine; 30-600 m habitat or serpentine soils occur species. elevation. Blooms May- within the Project Area to support this October. species.
Hoover's button-celery Rank Found in vernal pools at No Potential. The Project area is No further action is Eryngium aristulatum var. 1B.1 elevations ranging from 3 to entirely developed. The Project Area recommended for this hooveri 45 meters. Blooming period does not contain suitable habitat, species. July to August. such as vernal pools.
prostrate vernal pool navarretia Rank Coastal scrub, meadows and No Potential. No suitable habitat for No further action is Navarretia prostrata 1B.1 seeps, valley and foothill this species occurs within the Study recommended for this grassland typically in alkaline Area. species. soils, vernal pools in mesic soils. 15 -1210 meters. Blooms April-July. caperfruit tropidocarpum Rank Valley and foothill grassland No Potential. No suitable grassland No further action is Tropidocarpum capparideum 1B.1 (alkaline hills). 1 - 455 habitat for this species occurs within recommended for this meters. Blooms March - April. the Study Area. species.
B-4
SPECIES STATUS* HABITAT POTENTIAL FOR OCCURRENCE** RECOMMENDATIONS round-leaved filaree Rank Often found in clay soils No Potential. The Project Area does No further action is California macrophylla 1B.1 associated with cismontane not contain suitable soils or habitat to recommended for this woodland or valley and foothill support the species. species. grassland.
Tiburon paintbrush FE, SC, Occurs in valley and foothill No Potential. No suitable habitat or No further action is Castilleja affinis ssp. neglecta Rank grasslands with serpentinite serpentine soils occur within the recommended for this 1B.2 soils. Project Area. species.
San Joaquin spearscale Rank Chenopod scrub, meadows No Potential. No suitable scrub, No further surveys or Atriplex joaquiniana 1B.2 and seeps, playas, valley and seep, or grassland habitat occurs avoidance measures are foothill grassland on alkaline within the Study Area to support this recommended. soils. 1 – 835 meters. species. Blooms April-October.
brittlescale Rank Occurs in alkaline clay No Potential. The Project Area No further action is Atriplex depressa 1B.2 associated with chenopod contains no natural habitats that recommended for this scrub, meadows and seeps, might support the species. species. playas, valley and foothill grassland or vernal pools alkali milk-vetch Rank Playas, valley and foothill No Potential. No suitable grassland No further action is Astragalus tener var. tener 1B.2 grassland (adobe clay), vernal or vernal pool habitat occurs within recommended for this pools on alkaline soils. 1 - 60 the Project Area. No soils suitable for species. meters. Blooms March-June. this species exist within the Project Area.
B-5
SPECIES STATUS* HABITAT POTENTIAL FOR OCCURRENCE** RECOMMENDATIONS
Point Reyes salty bird's-beak Rank Marshes and swamps (coastal No Potential. No suitable coastal No further action is Chloropyron maritimum ssp. 1B.2 salt). 0 - 10 meters. Blooms salt marsh or swamp habitat occurs recommended for this palustre June - October. within the Project Area to support this species. species.
Mt. Hamilton fountain thistle Rank Chaparral, cismontane No Potential. No suitable chaparral, No further action is Cirsium fontinale var. campylon 1B.2 woodland, valley and foothill woodland, grassland/ seep habitat or recommended for this grassland/ serpentine seeps; serpentine soils occur within the species. 100-890 meters. Blooms Project Area. February- October.
San Francisco collinsia Rank Closed-cone coniferous forest, No Potential. The Project area is No further action is Collinsia multicolor 1B.2 Coastal scrub. 30-250 entirely developed. No suitable recommended for this meters. Blooms March-May. coniferous forest or coastal scrub species. habitat occurs within the Project Area to support this species. western leatherwood Rank Broadleafed upland forest, No Potential. The Project area is No further action is Dirca occidentalis 1B.2 closed-cone coniferous forest entirely developed. There are no recommended for this chaparral, cismontane forest habitats or woodland to species. woodland, North Coast support this species within the coniferous forest, riparian Project Area. forest, riparian woodland in mesic soils. 50 - 395 meters. Blooms January-March (April). fragrant fritillary Rank Cismontane woodland, No Potential. The Project area is No further action is Fritillaria liliacea 1B.2 coastal prairie and scrub, entirely developed. No suitable recommended for this valley and foothill grassland/ habitat or serpentine soils occur species. often serpentine; 3-410 m within the Project Area to support this elevation. Blooms February- species. April.
B-6
SPECIES STATUS* HABITAT POTENTIAL FOR OCCURRENCE** RECOMMENDATIONS smooth lessingia Rank Chaparral, cismontane No Potential. No suitable habitat or No further action is Lessingia micradenia var. 1B.2 woodland/serpentine, often serpentine soils occur within the recommended for this glabrata roadsides; 120-420 m Project Area to support the species. species. elevation. Blooms July- November. arcuate bush mallow Rank Chaparral; 15-355 m No Potential. The Project area is No further action is Malcothamnus arcuatus 1B.2 elevation. Blooms April- entirely developed. No suitable recommended for this September. chaparral habitat occurs within the species. Project Area to support the species.
Hall’s bush mallow Rank Chaparral, coastal scrub; 10- No Potential. The Project area is No further action is Malcothamnus hallii 1B.2 550 m elevation. Blooms entirely developed. No suitable recommended for this May- September. chaparral habitat occurs within the species. Project Area to support the species.
saline clover Rank Found in marshes and No Potential. The Project Area is No further action is Trifolium hydrophilum 1B.2 swamps, valley and foothill highly developed. The Project Area recommended for this grassland (mesic, alkaline), does not contain suitable habitat species. and vernal pools from sea such as marshes and swamps; level to 300 meters in mesic, alkaline valley and foothill elevation. Blooming period grassland; or vernal pools. April to June. woodland woollythreads Rank Broadleafed upland forest No Potential. No suitable woodland No further action is Monolopia gracilens 1B.2 (openings), chaparral or chaparral habitat occur within the recommended for this (openings), cismontane Project Area. No serpentine soils species. woodland, North Coast occur within the Project Area. coniferous forest (openings), valley and foothill grassland in serpentine soils. 100 - 1200 meters. Blooms March-July (February).
B-7
SPECIES STATUS* HABITAT POTENTIAL FOR OCCURRENCE** RECOMMENDATIONS most beautiful jewelflower Rank Chaparral, cismontane No Potential. No suitable habitat or No further action is Streptanthus albidus ssp. 1B.2 woodland, valley and foothill serpentine soils occur within the recommended for this peramoenus grassland, serpentine soils; Project Area. species. 110-1100 m elevation. Blooms April- June.
Indian Valley bush-mallow Rank Rocky, granitic, often in No Potential. No suitable chaparral No further action is Malacothamnus aboriginum 1B.2 burned areas in chaparral or or woodland habitat and no recommended for this cismontane woodland serpentine soils occur within the species. Project Area.
chaparral harebell Rank Grows in rocky, usually No Potential. The Project area does No further action is Campanula exigua 1B.2 serpentinite soils associated not contain serpentinite soils or recommended for this with chaparral. chaparral habitat to support the species. species. big-scale balsamroot Rank Usually found in serpentinite No Potential. The Project Area is No further action is Balsamorhiza macrolepis 1B.2 soils in chaparral, cismontane entirely developed with no suitable recommended for this woodland or valley and foothill habitats such as chaparral or species. grassland woodland to support the species. chaparral ragwort Rank Occurs in chaparral, No Potential. No suitable chaparral No further action is Senecio aphanactis 2B.2 cismontane woodland and or woodland habitat occurs within the recommended for this coastal scrub. Blooms Project Area to support the species. species. January - April
slender-leaved pondweed Rank Occurs in marshes and No Potential. The Project area has No further action is Stuckenia filiformis ssp. alpina 2B.2 swamps (assorted shallow no freshwater habitat that would recommended for this freshwater). Blooms May-July support the species. species.
B-8
SPECIES STATUS* HABITAT POTENTIAL FOR OCCURRENCE** RECOMMENDATIONS hairless popcornflower Rank 1A Found in alkaline meadows No Potential. The Project Area is No further action is Plagiobothrys glaber and seeps and coastal salt highly developed and does not recommended for this marshes and swamps. contain alkaline meadows, salt species. Elevations range from 15 to marshes or swamp habitat that could 180 meters. Blooming period support the species. March to May. woolly-headed lessingia Rank 3 Found in clay or serpentinite No Potential. No suitable habitat or No further action is Lessingia hololeuca soils associated with serpentine soils occur within the recommended for this broadleafed upland forest, Project Area to support the species. species. coastal scrub, lower montane coniferous forest or valley and foothill grassland. Blooms June-October Mt. Diablo cottonweed Rank 3.2 Occurs in rocky substrate No Potential. The Project area is No further action is Micropus amphibolus associated with broadleafed entirely developed. No suitable recommended for this upland forest, chaparral, habitat occurs within the Project Area species. cismontane woodland, or to support the species. valley and foothill grassland. Blooms March-May Brewer's calandrinia Rank 4.2 Occurs in sandy or loamy, No Potential. No chaparral or No further action is Calandrinia breweri disturbed sites and burns. coastal scrub habitats exist within the recommended for this Associated with chaparral and Project Area to support the species. species. coastal scrub habitat. Blooms March-June Santa Clara thorn-mint Rank 4.2 Found in chaparral habitats, No Potential. None of the natural No further action is Acanthomintha lanceolata often with serpentinite soils. habitat types which support this recommended for this May also occur in cismontane species occur within the Project Area. species. woodland and coastal scrub
B-9
SPECIES STATUS* HABITAT POTENTIAL FOR OCCURRENCE** RECOMMENDATIONS clustered lady's-slipper Rank 4.2 Usually found in serpentinite No Potential. No forest habitat exists No further action is Cypripedium fasciculatum seeps and streambanks within the Project area to support the recommended for this associated with lower species. species. montane coniferous forest and north coast coniferous forest. Blooms March-August
California androsace Rank 4.2 Occurs in chaparral, Unlikely. The Project Area is No further action is Androsace elongata ssp. acuta cismontane woodland, coastal completely developed and has no recommended for this scrub, meadows and seeps, undeveloped land which might species. pinyon and juniper woodland provide habitat for the species. and valley and foothill grassland coast iris Rank 4.2 Found in mesic areas of No Potential. The Project area is No further action is Iris longipetala coastal prairie and lower entirely developed. No suitable recommended for this montane coniferous forest. habitat occurs within the Project Area species. Blooms March-May to support this species.
serpentine leptosiphon Rank 4.2 Usually occurs serpentinite No Potential. No suitable habitat or No further action is Leptosiphon ambiguus soils associated with serpentine soils occur within the recommended for this cismontane woodland, coastal Project Area to support the species. species. scrub as well as valley and foothill grassland. Blooms March - June maple-leaved checkerbloom Rank 4.2 Often found in disturbed areas No Potential. The Project Area is No further action is Sidalcea malachroides of coastal prairie, scrub, north entirely developed and contains nor recommended for this coast coniferous forest or prairie, forest or other woodland to species. riparian woodland. support the species. Jepson's woolly sunflower Rank 4.3 Occurs in chaparral, No Potential. There are no suitable No further action is Eriophyllum jepsonii cismontane woodland or habitats to support the species within recommended for this coastal scrub. Blooms April- the Project Area. species. June
B-10
SPECIES STATUS* HABITAT POTENTIAL FOR OCCURRENCE** RECOMMENDATIONS
Santa Clara red ribbons Rank 4.3 Found in chaparral or No Potential. The Project Area is No further action is Clarkia concinna ssp. automixa cismontane woodland. entirely developed and does not recommended for this contain suitable habitat to support the species. species.
Lewis' clarkia Rank 4.3 Typically found in broadleafed No Potential. The Project Area No further action is Clarkia lewisii upland forest, closed-cone contains none of the suitable habitats recommended for this coniferous forest, chaparral, to support this species. species. cismontane woodland or coastal scrub
Mammals pallid bat SSC, Occupies a variety of habitats No Potential. The Project Area is No further action is Antrozous pallidus WBWG at low elevation including entirely developed, with landscaped recommended for this High grasslands, shrublands, trees which are subject to species. woodlands, and forests. Most anthropomorphic disturbances and common in open, dry habitats landscape maintenance. The Project with rock crevices, tree Area provides only poor quality hollows, mines, caves, and a foraging habitat and buildings are variety of man-made considered unsuitable as they are structures for roosting. currently maintained.
Townsend’s big-eared bat SC, SSC, This species is associated No Potential. The Project Area is No further action is Corynorhinus townsendii WBWG with a wide variety of habitats entirely developed, with landscaped recommended for this High from deserts to mid-elevation trees which are subject to species. mixed coniferous-deciduous anthropomorphic disturbances and forest. Females form landscape maintenance. The Project maternity colonies in Area provides only poor quality buildings, caves and mines foraging habitat and buildings are and males roost singly or in considered unsuitable as they are small groups. Foraging currently maintained. occurs in open forest habitats where they glean moths from vegetation.
B-11
SPECIES STATUS* HABITAT POTENTIAL FOR OCCURRENCE** RECOMMENDATIONS salt marsh wandering shrew SSC Seldom observed; endemic to No Potential. The Project Area does No further action is Sorex vagrans halicoetes salt-marshes of the south arm not contain any salt marsh habitat to recommended for this of San Francisco Bay. support the species. species. Typically in medium to high marsh where abundant driftwood is scattered among pickleweed. San Joaquin kit fox FE, ST, Annual grasslands or grassy No Potential. The Project Area is No further action is Vulpes macrotis mutica RP open stages with scattered entirely developed. No burrows or recommended for this shrubby vegetation. Need foraging habitat exists to support the species. loose-textured sandy soils for species. No occurrences have been burrowing, and suitable prey recorded within 5 miles (CDFW base. 2015). salt marsh harvest mouse FE, SE, Occurs in pickleweed and No Potential. The Project Area does No further action is Reithrodontomys raviventris CFP dense vegetation habitats in not contain any salt marsh habitat to recommended for this tidal, muted-tidal, and diked support the species. species. areas.
Birds golden eagle CFP, Resident in rolling foothill and No Potential. The Project Area is No further action is Aquila chrysaetos BCC mountain areas, sage-juniper entirely developed and does not recommended for this flats, and desert. Cliff-walled provide suitable nesting or foraging species. canyons provide nesting habitat for the species. habitat in most parts of range. northern harrier SSC Coastal salt and freshwater No Potential. The Project Area has No further action is Circus cyaneus marsh. Nest and forage in no suitable grassland nesting sites recommended for this grasslands, from salt grass in for this species. No foraging habitat species. desert sink to mountain exists within the Project Area. cienagas. Nests on ground in shrubby vegetation, usually at marsh edge; nest built of a large mound of sticks in wet areas.
B-12
SPECIES STATUS* HABITAT POTENTIAL FOR OCCURRENCE** RECOMMENDATIONS
American peregrine falcon CFP, Largely resident. Requires No Potential. The Project Area is No further action is Falco peregrinus anatum BCC protected cliffs, ledges or tall entirely developed and maintained. recommended for this manmade structures for No suitable foraging habitat or species. nesting. Often associated with structures for nesting exist within the coasts, bays, marshes and Project Area. other open expanses of water. Preys primarily upon waterbirds; forages widely. white-tailed kite CFP Year-long resident of coastal No Potential. Trees and shrubs No further action is Elanus leucurus and valley lowlands. Preys on suitable for nesting are maintained recommended for this small diurnal mammals and and of poor quality. The land species. occasional birds, insects, surrounding the Project Area is reptiles, and amphibians. developed for approximately 5 miles eliminating foraging habitat for the species.
Swainson's hawk ST, BCC Summer resident in No Potential. The Project Area is No further action is Buteo swainsoni California’s Central Valley and entirely developed and does not recommended for this limited portions of the provide any grassland, agricultural species. southern California interior. fields or scrub habitat to support Nests in tree groves and nesting or foraging by the species. isolated trees in riparian and agricultural areas, including near buildings. Forages in grasslands and scrub habitats as well as agricultural fields, especially alfalfa. Preys on arthropods year-round as well as smaller vertebrates during the breeding season.
B-13
SPECIES STATUS* HABITAT POTENTIAL FOR OCCURRENCE** RECOMMENDATIONS burrowing owl SSC, Largely resident in the region. No Potential. The Project Area is No further action is Athene cunicularia BCC Found in grasslands and other highly developed; no burrows were recommended for this open habitats with a sparse to observed and no burrowing species. absent shrub/tree canopy. mammals are likely to be present. No Nests and roosts in old open grassland which might provide mammal burrows, typically nesting or foraging habitat for owls is those of ground squirrels. present. The only adjacent habitat Preys upon insects, and also which is undeveloped is San Tomas small mammals, reptiles and Aquino Creek which does not provide birds. suitable flat grassland habitat to support the species. Although two documented occurrences of this species are recorded within 1 mile of the Project Area (CDFW 2015, eBird 2015), the habitat within the Project Area is unsuitable for the species. tricolored blackbird SSC, Resident, though disperses No Potential. No dense aquatic No further action is Agelaius tricolor BCC, FC, somewhat when not breeding. vegetation exists within or adjacent to recommended for this SE Typically nests over or near the Project Area. species. freshwater in dense cattails, tules, or thickets of willow, blackberry, wild rose or other tall herbs. Highly colonial; breeding aggregations tend to be large. great blue heron (Rookery) Colonial nester in Unlikely. Any suitable rookery trees No further action is Ardea herodias tall trees, cliffs, and within the Project Area are recommended for this sequestered spots on maintained and not in close proximity species. marshes. Rookery sites in to the creek. Foraging habitat does close proximity to foraging not occur within the Project Area. areas: marshes, lake margins, Foraging in adjacent habitats is sub- tide-flats, rivers and streams, optimal due to the size of the creek, wet meadows. and is unlikely to support feeding by a colony.
B-14
SPECIES STATUS* HABITAT POTENTIAL FOR OCCURRENCE** RECOMMENDATIONS snowy egret (Rookery) colonial nester, with Unlikely. Any suitable rookery trees No further action is Egretta thula nest sites situated in protected within the Project Area are recommended for this beds of dense tules. Rookery maintained and not in close proximity species. sites situated close to foraging to the creek. Foraging habitat does areas: marshes, tidal-flats, not occur within the Project Area. streams, wet meadows, and Foraging in adjacent habitats is sub- borders of lakes. optimal due to the size of the creek, and is unlikely to support feeding by a colony.
California clapper rail FE, SE, Associated with tidal salt No Potential. There is no salt marsh No further action is Rallus longirostris obsoletus CFP marsh and brackish marshes habitat in the Project Area. recommended for this supporting emergent species. vegetation, upland refugia, and incised tidal channels. California black rail ST, CFP, Occurs in tidal salt marsh with No Potential. There is no salt marsh No further action is Laterallus jamaicensis BCC dense stands of pickleweed habitat in the Project Area. recommended for this coturniculus as well as freshwater to species. brackish marshes. western snowy plover FT, SSC, Federal listing applies only to No Potential. The Project Area does No further action is Charadrius alexandrinus nivosus BCC, RP the Pacific coastal population. not contain suitable beaches, salt recommended for this Found on sandy beaches, salt ponds, or alkali flats to support this species. pond levees, and shores of species. large alkali lakes. Requires sandy, gravelly, or friable soils for nesting. California brown pelican CFP (Nesting colony) colonial No Potential. No marine or coastal No further action is Pelecanus occidentalis nester on coastal islands just habitat is present within or adjacent recommended for this californicus outside the surf line. Nests on to the Project Area. species. coastal islands of small to moderate size which afford immunity from attack by ground-dwelling predators.
B-15
SPECIES STATUS* HABITAT POTENTIAL FOR OCCURRENCE** RECOMMENDATIONS
California least tern FE, SE, Nests along the coast from No Potential. The Project Area does No further action is Sterna antillarum browni CFP San Francisco bay south to not contain suitable beaches, alkali recommended for this northern Baja California. flats or any other appropriate nesting species. Colonial breeder on bare or habitat. sparsely vegetated, flat substrates: sand beaches, alkali flats, landfills, or paved areas. oak titmouse BCC Occurs year-round in Moderate Potential. Oaks within the If work occurs during the Baeolophus inornatus woodland and savannah Project Area may provide nesting nesting season (Feb1 – habitats where oaks are habitat for the species. Aug 31), pre-construction present, as well as riparian nesting bird surveys are areas. Nests in tree cavities. recommended. See Section 6.0 for detailed recommendations.
Nuttall’s woodpecker BCC Year-round resident in lowland Present. This species was observed If work occurs during the Picoides nuttallii woodlands throughout much in areas adjacent to the Project Area. nesting season (Feb1 – of California west of the Sierra Oaks within the Project Area may Aug 31), pre-construction Nevada. Typical habitat is provide nesting habitat for the nesting bird surveys are dominated by oaks; also species. recommended. See occurs in riparian woodland. Section 6.0 for detailed Nests in tree cavities. recommendations. saltmarsh common yellowthroat SSC, Resident of San Francisco Unlikely. The Project Area does not No further action is Geothlypis trichas sinuosa BCC bay region fresh and salt provide suitable salt marsh habitat to recommended for this water marshes. Requires support the species. species. thick, continuous cover down to water surface for foraging, tall grasses, tule patches, willows for nesting. grasshopper sparrow SSC Summer resident in the Unlikely. The Project Area lacks No further action is Ammodramus savannarum region. Breeds in open intact expanses of grassland habit recommended for this grassland habitats, generally that are required by this species. species. with low- to moderate-height grasses and scattered shrubs.
B-16
SPECIES STATUS* HABITAT POTENTIAL FOR OCCURRENCE** RECOMMENDATIONS
Vaux’s swift SSC Summer resident. Forages Unlikely. Trees within the Project No further action is Chaetura vauxi high in the air over a variety of Area do not provide adequate vertical recommended for this habitats but prefers cavities for the species to nest. The species. rivers/lakes in forest areas. species may forage over the Project Requires trees with vertical Area and the adjacent creek. cavities for nesting. least bell's vireo FE, SE Summer resident. Breeds in No Potential. The Project Area does No further action is Vireo bellii pusillus riparian habitat along not contain any riparian or aquatic recommended for this perennial or intermittent rivers habitat to support the species. The species. and creeks; prefers a multi- creek which runs adjacent to the tiered canopy with dense early Project does not support the successional vegetation in the complexity of riparian habitat understory. Willows, mulefat required for the species. and other understory species are typically used for nesting. marbled murrelet FT, SE (Nesting) Feeds near shore; No Potential. The Project Area does No further action is Brachyramphus marmoratus nests inland along the Pacific not contain any old growth redwood recommended for this coast, from Eureka to Oregon forest to support nesting. The Project species. border, and from Half Moon Area does not contain any salt water Bay to Santa Cruz. Nests in which could support foraging by the old-growth redwood- species. dominated forests, up to six miles inland. Nests often built in Douglas-fir or redwood stands containing platform-like branches. western yellow-billed cuckoo FT, SE, Summer resident, breeding in No Potential. The Project area does No further action is Coccyzus americanus BCC dense riparian forests and not contain any riparian forest habitat recommended for this occidentalis jungles, typically with early that would support the species for species. successional vegetation either nesting or foraging. present. Utilizes densely- foliaged deciduous trees and shrubs. Eats mostly caterpillars. Current breeding distribution within California very restricted.
B-17
SPECIES STATUS* HABITAT POTENTIAL FOR OCCURRENCE** RECOMMENDATIONS
Alameda song sparrow BCC, Resident of salt marshes No Potential. The Project Area No further action is Melospiza melodia pusillula SSC bordering south arm of San lacks tidal salt marsh habitat to recommended for this Francisco Bay. Inhabits support nesting or foraging by the species. pickleweed marshes; nests species. low in gumplant bushes (high enough to escape high tides) and in pickleweed. Reptiles and Amphibians western pond turtle SSC Occurs in perennial ponds, No Potential. The Project Area has No further action is Actinemys marmorata lakes, rivers and streams with no aquatic habitat to support the recommended for this suitable basking habitat (mud species. species. banks, mats of floating vegetation, partially submerged logs) and submerged shelter. giant garter snake FT, ST, Prefers freshwater marsh and No Potential. The Project Area has No further action is Thamnophis gigas RP low gradient streams. Has no aquatic habitat to support the recommended for this adapted to drainage canals species. species. and irrigation ditches. This is the most aquatic of the garter snakes in California. San Francisco garter snake FE, SE, Vicinity of freshwater No Potential. The Project Area has No further action is Thamnophis sirtalis tetrataenia CFP, RP marshes, ponds and slow no freshwater marsh habitat to recommended for this moving streams in San Mateo support the species. species. County and extreme northern Santa Cruz County. Prefers dense cover and water depths of at least one foot. Upland areas near water are also very important.
B-18
SPECIES STATUS* HABITAT POTENTIAL FOR OCCURRENCE** RECOMMENDATIONS
Alameda whipsnake FT, ST Inhabits chaparral and foothill- No Potential. The Project Area has No further action is Masticophis lateralis hardwood habitats in the no grassland or other natural, recommended for this euryxanthus eastern Bay Area. Prefers undeveloped habitat that could species. south-facing slopes and support foraging or nesting by the ravines with rock outcroppings species. where shrubs form a vegetative mosaic with oak trees and grasses. foothill yellow-legged frog SSC Found in or near rocky No Potential. The Project Area has No further action is Rana boylii streams in a variety of no aquatic habitat to support the recommended for this habitats. Prefers partly- species. species. shaded, shallow streams and riffles with a rocky substrate; requires at least some cobble- sized substrate for egg-laying. Needs at least 15 weeks to attain metamorphosis. Feeds on both aquatic and terrestrial invertebrates. California red-legged frog FT, SSC Associated with quiet No Potential. The Project Area No further action is Rana draytonii perennial to intermittent lacks burrows and has no suitable recommended for this ponds, stream pools, and aquatic or upland habitat to support species. wetlands. Prefers shorelines the species. with extensive vegetation. Documented to disperse through upland habitats after rains. blunt-nosed leopard lizard FE, SE, Resident of sparsely No Potential. The Project Area has No further action is Gambelia sila CFP, RP vegetated alkali and desert no desert scrub habitat that could recommended for this scrub habitats, in areas of low support the species. species. topographic relief. Seeks cover in mammal burrows, under shrubs or structures such as fence posts; they do not excavate their own burrows.
B-19
SPECIES STATUS* HABITAT POTENTIAL FOR OCCURRENCE** RECOMMENDATIONS
California tiger salamander FT, ST, Populations in Santa Barbara No Potential. The Project Area No further action is Ambystoma californiense SSC, RP and Sonoma counties lacks burrows and has no suitable recommended for this currently listed as aquatic or upland habitat to support species. endangered. Inhabits the species. grassland, oak woodland, ruderal and seasonal pool habitats. Seasonal ponds and vernal pools are crucial to breeding. Adults utilize mammal burrows as estivation habitat. Fishes green sturgeon FT, SSC Anadromous. Spawns in the No Potential. The Project Area has No further action is Acipenser medirostris Sacramento and Klamath no aquatic habitat to support the recommended for this River systems. Lingering species. species. transients may be found throughout the San Francisco Bay Estuary, particularly juveniles. tidewater goby FE, SSC Brackish water habitats along No Potential. The Project Area has No further action is Eucyclogobius newberryi the California coast from Agua no aquatic habitat to support the recommended for this Hedionda Lagoon, San Diego species. species. County to the mouth of the Smith River. Found in shallow lagoons and lower stream reaches, they need fairly still but not stagnant water and high oxygen levels. delta smelt FT, SE, Endemic to the Sacramento- No Potential. The Project Area has No further action is Hypomesus transpacificus RP San Joaquin delta area; found no aquatic habitat to support the recommended for this in areas where salt and species. species. freshwater systems meet. It occurs seasonally in Suisun Bay, Carquinez Strait and San Pablo Bay.
B-20
SPECIES STATUS* HABITAT POTENTIAL FOR OCCURRENCE** RECOMMENDATIONS longfin smelt FC, ST, Found in open waters of No Potential. The Project Area has No further action is Spirinchus thaleichthys SSC, RP estuaries, mostly in the middle no aquatic habitat to support the recommended for this or bottom of the water column. species. species. This species prefers salinities of 15 to 30 ppt, but can be found in completely freshwater to almost pure seawater. chinook salmon – Sacramento FE, SE, Occurs in the Sacramento No Potential. The Project Area has No further action is River winter-run ESU RP River below Keswick Dam. no aquatic habitat to support the recommended for this Oncorhynchus tshawytscha Spawns in the Sacramento species. species. River but not in tributary streams. Requires clean, cold water over gravel beds with water temperatures between 6 and 14 degrees C for spawning. Adults migrate upstream to spawn in cool, clear, well-oxygenated streams. Juveniles typically migrate to the ocean soon after emergence from the gravel. chinook salmon - Central Valley FT, ST Occurs in the Feather River No Potential. The Project Area has No further action is spring-run ESU and the Sacramento River and no aquatic habitat to support the recommended for this Oncorhynchus tshawytscha its tributaries, including Butte, species. species. Mill, Deer, Antelope and Beegum Creeks. Adults enter the Sacramento River from late March through September. Adults migrate upstream to spawn in cool, clear, well-oxygenated streams from mid-August through early October. Juveniles migrate soon after emergence as young-of-the- year, or remain in freshwater and migrate as yearlings.
B-21
SPECIES STATUS* HABITAT POTENTIAL FOR OCCURRENCE** RECOMMENDATIONS coho salmon - central CA coast FE, SE Federal listing includes No Potential. The Project Area has No further action is ESU populations between Punta no aquatic habitat to support the recommended for this Oncorhynchus kisutch Gorda and San Lorenzo River. species. species. State listing includes populations south of San Francisco Bay only. Occurs inland and in coastal marine waters. Requires beds of loose, silt-free, coarse gravel for spawning. Also needs cover, cool water and sufficient dissolved oxygen. steelhead - south/central CA FT, SSC Occurs in coastal basins from No Potential. The Project Area has No further action is coast DPS the Pajaro River south to, but no aquatic habitat to support the recommended for this Oncorhynchus mykiss irideus not including, the Santa Maria species. species. River. Adults migrate upstream to spawn in cool, clear, well-oxygenated streams. Juveniles remain in fresh water for 1 or more years before migrating downstream to the ocean. steelhead - central CA coast FT Anadromous, spending most No Potential. The Project Area has No further action is ESU of life cycle in the ocean. This no aquatic habitat to support the recommended for this Oncorhynchus mykiss ESU occurs from the Russian species. species. River south to Soquel Creek and Pajaro River, including the San Francisco and San Pablo Bay Basins. Adults migrate upstream to spawn in cool, clear, well-oxygenated streams. Juveniles remain in fresh water for 1 or more years before migrating downstream to the ocean.
B-22
SPECIES STATUS* HABITAT POTENTIAL FOR OCCURRENCE** RECOMMENDATIONS
Invertebrates conservancy fairy shrimp FE, SSI, Endemic to the grasslands of No Potential. The Project Area is No further action is Branchinecta conservatio RP the northern two-thirds of the entirely developed and does not recommended for this Central Valley; found in large, contain any vernal pool habitat. species. turbid pools. Inhabit astatic pools located in swales formed by old, braided alluvium; filled by winter/spring rains, last until June. vernal pool tadpole shrimp FE VPTS pools are commonly No Potential. The Project Area is No further action is Lepidurus packardi found in grass bottomed entirely developed and does not recommended for this swales of unplowed contain any vernal pool habitat. species. grasslands. Some pools are mud-bottomed and highly turbid. valley elderberry longhorn beetle FT, SSI, Occurs only in the central No Potential. The Project Area does No further action is Desmocerus californicus RP valley of California, in not contain any elderberry to support recommended for this dimorphus association with blue the species. species. elderberry (Sambucus mexicana). Prefers to lay eggs in elderberrry 2 to 8 inches in diameter; some preference shown for "stressed" elderberry. San Bruno elfin butterfly FE, SSI, Limited to the vicinity of San No Potential. The Project Area is No further action is Incisalia (=Callophrys) mossii RP Bruno Mountain, San Mateo outside of the known range for this recommended for this bayensis County. Colonies are located species and lacks suitable coastal species. on in rocky outcrops and cliffs scrub habitat. in coastal scrub habitat on steep, north-facing slopes within the fog belt. Species range is tied to the distribution of the larval host plant, Sedum spathulifolium.
B-23
SPECIES STATUS* HABITAT POTENTIAL FOR OCCURRENCE** RECOMMENDATIONS bay checkerspot butterfly FT, SSI, Restricted to native No Potential. The Project Area is No further action is Euphydryas editha bayensis RP grasslands on outcrops of entirely developed. There are no recommended for this serpentine soil in the vicinity of serpentine soils which support this species. San Francisco Bay. Plantago species’ required host plants. erecta is the primary host plant; Orthocarpus densiflorus and O. purpurscens are the secondary host plants.
B-24
* Key to status codes: FE Federal Endangered FT Federal Threatened FC Federal Candidate RP Sensitive species included in a USFWS Recovery Plan or Draft Recovery Plan SC State Candidate SE State Endangered ST State Threatened SSC California Department of Fish and Wildlife (CDFW) Species of Special Concern SSI California Department of Fish and Wildlife (CDFW) Special Status Invertebrate BCC U.S. Fish & Wildlife Service (USFWS) Birds of Conservation Concern CFP CDFW Fully Protected Animal WBWG Western Bat Working Group Priority Species
California Native Plant Society Rankings Rank 1A California Native Plant Society (CNPS) Rank 1A: Plants presumed extirpated in California and rare or extinct elsewhere Rank 1B.1 California Native Plant Society (CNPS) Rank 1B.1: Plants rare, threatened or endangered in California and elsewhere (seriously threatened in California) Rank 1B.2 California Native Plant Society (CNPS) Rank 1B.2: Plants rare, threatened, or endangered in California and elsewhere (moderately threatened in California) Rank 2B.2 California Native Plant Society (CNPS) Rank 2B.2: Plants rare, threatened, or endangered in California, but more common elsewhere (moderately threatened in California) Rank 3 California Rare Plant Rank 3: Plants about which more information is needed - A review list Rank 3.2 California Rare Plant Rank 3.2: Plants about which more information is needed - A review list (moderately threatened in California) Rank 4.2 California Rare Plant Rank 4.2: Plants of limited distribution - A watch list (moderately threatened in California) Rank 4.3 California Rare Plant Rank 4.3: Plants of Limited Distribution - A watch list (not very threatened in California)
**Potential species occurrence definitions: Present. Species was observed on the site during site visits or has been recorded (i.e. CNDDB, other reports) on the site recently.
High Potential. All of the habitat components meeting the species requirements are present and/or most of the habitat on or adjacent to the site is highly suitable. The species has a high probability of being found on the site.
Moderate Potential. Some of the habitat components meeting the species requirements are present, and/or only some of the habitat on or adjacent to the site is unsuitable. The species has a moderate probability of being found on the site.
Unlikely. Few of the habitat components meeting the species requirements are present, and/or the majority of habitat on and adjacent to the site is unsuitable or of very poor quality. The species has a low probability of being found on the site.
No Potential. Habitat on and adjacent to the site is clearly unsuitable for the species requirements (foraging, breeding, cover, substrate, elevation, hydrology, plant community, site history, disturbance regime). B-25
APPENDIX C
SITE PHOTOGRAPHS
Above: Example of large landscape trees planted throughout the Project Area. Ground cover is primarily wood chips.
Below: Example of building spacing and landscaping between buildings.
Photographs taken March 16, 2015
Above: View of the landscaped courtyard near the center of the Project Area.
Below: The developed courtyard seating area at the center of the Project Area.
Photographs taken March 16, 2015
Above: View of the Project Area looking north. The San Tomas Aquino Creek Trail is present along the right edge of the photo.
Below: An office building, parking lot and landscaping south of Scott Boulevard.
Photographs taken March 16, 2015
Above: View of a typical office building and associated landscaping within the Project Area.
Below: Office buildings and landscaping located along the west side of Montgomery Drive.
Photographs taken March 16, 2015
Above: A view of San Tomas Aquino Creek from the Scott boulevard Bridge. The Project Area is located on the left of the photograph separated from the channel by a levee, paved trail and concrete lined banks.
Below: A view of the creek channel, levees and paved trail separating the Project Area from the creek bed.
Photographs taken March 16, 2015