Action Plan For implementing the North Fontana Conservation Program

Transcription

1 Action Plan For implementing the North Fontana Conservation Program Prepared by: Michael Baker International, Inc Concours, Suite 100 Ontario, CA Ph: 909/ Fx: 909/ July 2016

2 Action Plan for Implementing the North Fontana Conservation Program Introduction Riversidean Alluvial Fan Sage Scrub (RAFSS) habitat and Riversidean Sage Scrub (RSS) are distinct and State recognized rare plant communities found on the alluvial fans in the foothills of the San Gabriel and San Bernardino Mountains. They are known to support several federally and state listed species, including California gnatcatcher (CAGN), San Bernardino kangaroo rat (SBKR), slender-horned spineflower and Santa Ana River woolly star, as well as sensitive but unlisted species such as Los Angeles Pocket Mouse (LAPM). Both plant communities are found throughout the northern portions of the City of Fontana. In north Fontana, CAGN, SBKR and LAPM were determined to have a potential to occur. Santa Ana woolly stare and slender-horned spineflower were not observed and were determined to have a low potential to occur. A single SBKR was trapped in 2002 but no SBKR were trapped between 2002 and All surveys for CAGN and LAPM were negative between 2002 and A single LAPM was trapped east of Sierra Avenue in California Department of Fish and Wildlife (CDFW) considers RAFSS and RSS plant communities sensitive habitats that requires mitigation under California Environmental Quality Act (CEQA). In recognition of the sensitivity of RAFSS and RSS plant communities and their occurrence on the alluvial fans in north Fontana, the City developed an Interim North Fontana Multiple Species Conservation Plan ( MSHCP ) Policy that would allow the City of Fontana to develop parcels in north Fontana under CEQA if no listed species (SBKR and/or CAGN) were found on that property. The policy was fully vetted with the United States Fish and Wildlife Service (USFWS) and CDFW and accepted as a viable conservation program that would allow the City to assess impacts to sensitive plant communities, as well as sensitive plant or wildlife species, and to feasibly and enforceably mitigate identified impacts under CEQA. However, if a listed species (CAGN and SBKR) were found on a project site, an Individual Take Permit (ITP) under Section 7 or Section 10 of the Endangered Species Act may be required from USFWS and/or CDFW before development could occur. Under the Interim MSHCP Program, now designated as the North Fontana Conservation Program, an applicant for development was required to conduct a habitat assessment of their property, conduct focused surveys (primarily SBKR and CAGN) if suitable habitat was present and pay a mitigation fee to offset impacts to RAFSS or RSS habitats. Since the inception of the Conservation Program in July 2004, no SBKR or CAGN were identified during several dozen focused surveys within the Plan boundaries (See Exhibit 1) and both species are presumed absent. Under the approved Conservation Program, the City has collected mitigation fees for twelve years (12) years to offset the loss of RAFSS and RSS habitats as the first step in implementing the Conservation Program for north Fontana. The next step in the process is identifying properties with RAFSS and RSS habitats for purchase and/or recording a permanent conservation easement or similar instrument that will provide for permanent preservation and long-term management of these sensitive plant communities 1 P a g e

3 and associated sensitive plant and wildlife species. CDFW and USFWS have been actively pursuing/implementing conservation programs for the protection of RAFSS and RSS habitats over the last twenty (20) years starting with the approval of the Cajon Creek Conservation Bank in 1995 and continues today with the processing of the Upper Santa Ana River Wash Plan and NCCP/MSHCP. Coordinating with the two wildlife agencies (USFWS and CDFW), municipalities, State agencies, as well as non-profit organizations that are currently conserving and managing RAFSS and RSS habitats in the Inland Empire is the next step in the City s conservation program/ceqa mitigation process. As of August 31, 2015, the City of Fontana has collected $818,953 in fees as mitigation for the loss of RAFSS and RSS habitats in north Fontana. This plan addresses the use of the accumulated Mitigation Fee for the acquisition, preservation and long-term management of RAFSS and RSS habitats under the North Fontana Conservation Program. This Action Plan documents the City of Fontana s process for identifying and acquiring conservation properties, establishing protective easements over the properties, setting up funding assurances for the long-term management of the properties and selecting a management entity to provide the long-term management of the properties. 2 P a g e

4 Victorville 395 Hesperia ) City of Fontana North Fontana Conservation Program Area Upland 210 Fontana Rancho Cucamonga 259 Rialto Ontario 60 Highland San Bernardino Colton Redlands Loma Linda 215 Calimesa 3/16/2016 JN M:\Mdata\Fontana MSHCP\MXD\01 North Fontana MSHCP.mxd AP Riverside Norco Yucaipa Chino Chino Hills Moreno Valley 91 Corona Perris NORTH FONTANA CONSERVATION PROGRAM AREA Miles North Fontana Conservation Program Area Source: ESRI Relief Map, National Highway Planning Network Exhibit 1

5 Background With the opening of the I-210 Freeway through north Fontana and the availability of undeveloped land along the I-15 Freeway, the northern area of Fontana provided the City with excellent opportunities for residential, commercial and industrial development. But this area, which was generally undeveloped, supports RAFSS and RSS habitats, CDFW rare plant communities known to support several federally listed wildlife species, CAGN and SBKR. Any development in north Fontana would have to mitigate for the loss of RAFSS and RSS habitats and impacts to listed species, if present. The North Fontana Interim MSHCP Policy (now designated the North Fontana Conservation Program) was developed specifically to recognize the presence of RAFSS and RSS habitats and associated sensitive plant and wildlife species, as well as to determine the presence or absence of two federally listed species (SBKR and CAGN). Compliance with the Program required each project to conduct a habitat assessment to document baseline conditions and to assess the suitability of a site to support any of the associated sensitive plant and wildlife species, and to conduct focused surveys for CAGN and/or SBKR, if potentially suitable habitat was present. Assuming neither CAGN nor SBKR were found onsite, then mitigation was limited to compensation for the loss of RAFSS habitat through the payment of a mitigation fee. The presence of CAGN or SBKR would necessitate the acquisition of Individual Take Permits (ITPs) from USFWS before development could proceed. To date, no CAGN have been observed and no SBKR have been trapped during several dozen focused surveys within north Fontana. Both species are considered absent. The absence of SBKR and CAGN is likely related to the development of the I-15 Freeway that isolated the RAFSS habitat found in north Fontana from the fluvial processes, i.e., flooding and scouring, associated with flood events in Lytle Creek. Without these fluvial processes, the RAFSS habitat is no longer thinned during flood events and the open/intermediate RAFSS habitat has converted to a dense woody or mature RAFSS habitat that no longer supports these two species. The RSS habitat usually occurs just above the RAFSS habitat at a slightly higher elevation and is not confined to the lower alluvial fans. Most of the RAFSS and RSS habitats found on the alluvial fans and or the southern slopes of the San Gabriel Mountains has been undergoing a maturation and exist as mature RAFSS habitat and dense RSS habitat. Given that neither CAGN nor SBKR are present in north Fontana, the only biological requirement for development, in compliance with the Conservation Program, is the payment of the Mitigation Fee. The Mitigation Fee was assessed by the City for each acre of land proposed for development and was the responsibility of the developer. Although the habitat was mostly mature RAFSS and dense RSS habitats, quality varied from parcel to parcel and within an individual parcel. That said, overall most of the habitat was determined to be of poor quality. As a result, it was determined that a tiered mitigation fee program was the most equitable approach to allocating mitigation responsibilities. The following describes the various qualities of habitat noted within the program area: Occupied Habitat: Areas occupied by either SBKR or CAGN, federally listed species, will be mitigated at a 5:1 ratio (i.e., an applicant will pay Five times the determined per acre mitigation fee for developing this project site or portion of the property), but occupied portions of the site can't be developed until the appropriate "take" authority is acquired from the Service. 4 P a g e

6 Suitable Habitat: Areas of suitable RAFSS and RSS that may support sensitive plant and wildlife species but that do not support SBKR or CAGN will be mitigated at a 3:1 ratio (i.e., an applicant will pay three times the determined per acre mitigation fee for developing this project site or portion of the property). Restorable Habitat: RAFSS and RSS habitats that no longer provides suitable habitat because of the maturation process and/or a heavy understory of non-native grasses but that could be restored will be mitigated at a 2:1 ratio (i.e., an applicant will pay twice the determined per acre mitigation fee for developing this project site or portion of the property). Non-native grasslands mixed with RAFSS and RSS that could be restored to an open RAFSS or RSS plant community structure will be mitigated at a 1:1 ratio (i.e., the applicant will pay the full determined mitigation fee per acre for developing this project site or portion of the property). Unsuitable Habitat: Areas that no longer provide suitable habitat and are not considered restorable due to the level of disturbance will be mitigated at a 0.5:1 ratio (i.e., an applicant will pay half the determined per acre mitigation for developing this project site or portion of the property). In order to determine a per acre Mitigation Fee, a Mitigation Fee Nexus Report was prepared to document and establish a nexus and legal basis for the City to adopt a mitigation fee to finance the conservation program to compensate for the loss of RAFSS and RSS habitats as a result of development in the North Fontana. The Nexus Report noted that 2,310 acres would be available for development and that 680 acres would be maintained as open space. Based on cost of available, undeveloped land supporting RAFSS and RSS habitats, a Mitigation Fee of $2,070 per acre was adopted by ordinance and has been consistently applied to all development in the Program Area. Application of the Mitigation Fee was scaled by a Mitigation Ratio based on the quality of the RAFSS or RSS habitats. Between July 2004 and August 2015, a total of acres were approved for development and $818, were collected to offset the loss of RAFSS and RSS habitats. Exhibit 2 shows the location of approved projects in north Fontana. The Mitigation Fees were assessed based on the following quantities and qualities of RAFSS and RSS habitat types (see Exhibit 3): Habitat Type Acres Developed Mitigation Ratio Estimated Fees Occupied 0.0 5:1 $0.00 Suitable :1 $233, Restorable RAFSS/RSS :1 $ Restorable Non-native grasses (NNG) :1 $119, Unsuitable :1 $162, Totals * $818, * Acres of Mitigation Credit needed to offset impacts ** Public facilities (roads and flood control facilities) within a project site were not assessed the Mitigation Fee. The actual collected mitigation fees as of August 31, 2015 was $818, rather than an estimated total of $922, based fees applied to all land within a parcel. At the established mitigation ratios listed above, the City of Fontana has approved a process under which it will provide long-term conservation for either occupied habitat or unoccupied but suitable habitat. 5 P a g e

7 N. Ri ve rs ide Av e $ a "! 3/16/2016 JN M:\Mdata\Fontana MSHCP\MXD\02 MSHCP Development.mxd Developed Areas (375.8 Acres) 1,000 2,000 Source: San Bernardino County, Eagle Aerial 2014 N. Mango Ave North Fontana Conservation Program Area Sierra Ave Lytle Creek Rd Legend 0 Citrus Ave Duncan Canyon Rd Summit Ave 4,000 Feet NORTH FONTANA CONSERVATION PROGRAM AREA Development Within Conservation Program Area Exhibit 2

8 N. Ri ve rs ide Av e $ a "! Legend North Fontana Conservation Program Area Developed Areas (375.8 Acres) Suitable Habitat (37.6 Acres At $6,210 Per Acre = $233,777.00) Restorable RAFSS Habitat (98.3 Acres At $4,140 Per Acre = $407,177.15) Restorable NNG Habitat (57.9 Acres At $2,070 Per Acre = $119,900.08) Unsuitable Habitat (156.5 Acres At $1,035 Per Acre = $162,038.62) Summit Ave Total = $818, ,000 2,000 Source: San Bernardino County, Eagle Aerial 2014 N. Mango Ave Lytle Creek Rd 3/16/2016 JN M:\Mdata\Fontana MSHCP\MXD\03 North Fontana Mitigation.mxd Sierra Ave Citrus Ave Duncan Canyon Rd 4,000 Feet NORTH FONTANA CONSERVATION PROGRAM AREA Mitigation Fees Exhibit 3

9 Proposed Management Options With the collection of the Mitigation Fee, the City of Fontana began the process of identifying undeveloped properties with RAFSS or RSS habitats for purchase, recording a permanent conservation easement or similar instrument, and identifying a management agency to provide long-term management of acquired habitat. Properties looked at included those adjacent to existing conservation areas such as those CDFW and USFWS have sanctioned or issued permits to over the last 15 years in an ongoing effort to protect RAFSS and RSS habitats in the Inland Empire. Existing conservation areas with adjacent undeveloped properties that were considered as viable alternatives included properties in the vicinity of the North Etiwanda Preserve in Rancho Cucamonga, properties adjacent to the Upper Santa Ana River Wash Plan Area in Highland and Redlands, properties in vicinity to conservations areas managed by the Inland Empire Resources and Riverside Corona Conservation Districts, properties in vicinity to conservation areas managed by the non-profit Riverside Land Conservancy, and conservation areas managed by the Western Riverside County Regional Conservation Authority in Riverside County under the Western Riverside County MSHCP. Meeting with City of Fontana Staff City staff and consultants from Michael Baker International (Michael Baker) began discussions with the above state, municipal and non-profit agencies to develop opportunities to purchase conservation land to offset impacts to RAFSS and RSS habitats. Discussions with USFWS and CDFW Dr. McGill of Michael Baker and other City consultants have had conversations with Geary Hund at USFWS and Jeff Brandt at CDFW and others at the two agencies regarding the City s North Fontana Conservation Program, the collection of Mitigation Fees and potential avenues for acquiring conservation properties and/or conservation credits. Three potential agencies/organizations were identified during these discussions that provide conservation and land management services for sensitive habitats and species in the Inland Empire: the Inland Empire and Riverside-Corona Resources Conservation Districts (IE RCD and RC RCD); 2) the Riverside Land Conservancy (RLC); and the Western Riverside County Regional Conservation Authority (RCA). All three agencies/organizations were consulted and indicated that they had conservation credits and/or conservation properties available for the City to purchase and/or would work with the City to provide long-term management if the City was able to purchase private lands that supported RAFSS and RSS habitats. The following options were evaluated by the City of Fontana as viable alternatives for the acquisition and long-term management of RAFSS and RSS habitats. Resources Conservation Districts. The City consulted the IE RCD Resources regarding potential conservation credits associated with lands that currently being managed by the Resources Conservation Districts. Although the IE RCD is currently managing several properties that support RAFSS and RSS habitats, there no available conservation credits that the City could fund. The IE RCD would be able to provide long-term management of a property if the City was able to acquire a conservation property. Riverside Land Conservancy. The Riverside Land Conservancy (RLC), is a non-profit land conservation group founded in 1988 dedicated to protecting open spaces and natural areas. Over the years, they have become involved in numerous conservation projects throughout the Inland Empire. Since 1988, RLC has 8 P a g e

10 conserved over 12,000 acres through land purchases, donations and land use restrictions. RLC is currently working with the City of Fontana on managing their Jurupa and Mary Vagle Conservation Areas. However, similar to the IE RCD, RLC is managing properties that support RAFSS and RSS habitats but has no available conservation credits that the City could fund. The RLC would be able to provide long-term management of a property if the City was able to acquire a conservation property. San Bernardino Valley Water Conservation District. Another option was to work with San Bernardino Valley Water Conservation District (SBVWCD) that is currently finalizing their Upper Santa Ana River Wash Plan and HCP (see Exhibit 4) and explore if additional conservation credits or lands may be available within the Plan area that the City of Fontana could purchase. SBVWCD would then provide the long-term management of areas of purchased conservation credits/land as part of their overall management of their Upper Santa Ana River Wash Plan Area. Although opportunities were identified, the HCP is not yet finalized and immediate conservation credits are not yet available. San Bernardino County Special Districts. A fourth option that was explored was working with the San Bernardino County Special Districts (Special Districts) that manages the North Etiwanda Preserve (see Exhibit 4). The North Etiwanda Preserve was a 762 acres conservation area established in 1998 to offset impacts related to construction of the I-210 Freeway through the RAFSS and RSS habitats on the south facing slopes of the San Bernardino and San Gabriel Mountains. Ongoing construction in the area has allowed the Special District to expand this preserve to over 1,200 acres. A revised Management Plan was approved in 2010 that recognizes that most of the RAFSS and RSS habitats in the Preserve has been cut off from scouring associated with natural flooding events that historically occurred on the alluvial fans and foothills of the San Gabriel Mountains, similar to the RAFSS and RSS habitats in North Fontana. Although available conservation properties occur in the area of the North Etiwanda Preserve that the City of Fontana could purchase, formally folding these properties into the North Etiwanda Preserve so that the County of San Bernardino could provide the long-term management of conservation properties as part of their overall management of the North Etiwanda Preserve was felt to be problematic and the alternative was not pursued. Western Riverside County Regional Conservation Authority. The City of Fontana also talked with the Western Riverside County Regional Conservation Authority (RCA) to determine if conservation credits may be available with the Western Riverside County MSHCP boundaries. Western Riverside County supports many of the same natural resources found in San Bernardino County. Implementation and management of the Western Riverside County MSHCP is the responsibility of the RCA. The MSHCP identified an existing 347,000 acres already in conservation and identified the need for an additional 153,000 acres of various habitat types to be acquired to complete the assemblage of conservation areas that collectively constitutes the MSHCP Conservation Area in Western Riverside County. Talks were initiated with the RCA to determine if RAFSS and RSS habitats are available for acquisition that could be used by the City of Fontana to meet their obligations under the North Fontana Conservation Program. The RCA confirmed that there were RAFSS and RSS habitats in their plan area that the City of Fontana could purchase. Once purchased these lands would be folded into the MSHCP Conservation Area and the RCA would assume the long-term management of the purchased properties as part of their overall management of the MSHCP Conservation Area. After hosting several discussion with the RCA, the City of Fontana has decided that among the five alternatives considered, the RCA provides the best alternative or mechanism 9 P a g e

11 for City to acquire conservation credits/lands to compensate for the loss of RAFSS and RSS habitats in North Fontana. The RCA has tentatively agreed to provide the long-term management of the properties. If, for some reason, final negotiations with the RCA are not successful, the City of Fontana will resume its negotiations with the other four above listed agencies/organization, particularly with the IE RCD and the RC RCD, to ensure the City will effectively spend the collected Mitigation Fees. 10 P a g e

12 Legend North Fontana Conservation Program Area Cajon Creek Conservation Bank Etiwanda Preserve Redlands Land Conservancy Santa Ana River Wash Plan and HCP Redlands Land Conservancy Western Riverside County MSHCP /16/2016 JN M:\Mdata\Fontana MSHCP\MXD\04 Regional Conservation Areas v2.mxd Miles Source: San Bernardino County, Eagle Aerial 2014 NORTH FONTANA CONSERVATION PROGRAM AREA Regional Conservation Areas Supporting RAFSS and RSS Habitat Exhibit 4

13 Implementation of the Action Plan Currently, there is $818, in Mitigation Fees with the requirement to acquire conservation credits for the preservation and long-term management of RAFSS and RSS habitat. These fees, in addition to any other fees that are collected, will be used to acquire conservation properties and/or used to fund various aspects of conservation management as necessary, including; 1) funding acquisitions of additional properties and increasing a conservation area s footprint; 2) funding restoration/enhancement activities needed to improve habitat conditions; 3) funding the development and implementation of a long-term management plan that was not created when a particular site was put under conservation; 4) funding an endowment to ensure long-term management of a site; and/or 5) payment of an in lieu fee to an agency or organization that has been approved to issue conservation credits in exchange for managing conservation properties under their jurisdiction. Based on discussions with the above mentioned conservation agencies and organizations, the City of Fontana has determined that it would be feasible to develop a Memorandum of Agreement with the RCA in Riverside County to implement the Action Plan and that such a plan would be the most effective and best use of its Mitigation Fee. However, the City will continue its discussions with the IE RCD and the RC RCD, as well as RLC and SBVWCD, to ensure that a mechanism will be put in place in a timely fashion to ensure that the collected Mitigation Fees will be spent. The City will work closely with the chosen agency to acquire conservation properties and to finalize a long-term management program for the properties. The City of Fontana intends to acquire up to 147 acres of high quality/suitable RAFSS habitat, implement enhancement/restoration activities and other management actions as necessary on existing or newly acquired conservation lands. The requirement for 147 acres of mitigation properties was based on providing equal or superior conservation to the habitat lost through development using the ratios provided in the Plan and the acreage of various habitats approved for development under the plan as follows: 96.3 acres of restorable RAFSS require 96.3 acres X the ratio of 2.0 divided by 3 (the ratio of suitable conservation habitat) or 64.2 acres 57.9 acres of restorable NNG require 57.9 acres X the ratio of 1.0 divided by 3 or 19.3 acres acres of unsuitable habitat require X the ratio of 0.5 divided by 3 or 26.1 acres 37.6 acres of suitable RAFSS require 37.6 X the ratio of 3.0 divided by 3 or 37.6 acres Total = acres In combination, the City has determined that these actions will compensate for the loss of mostly low quality RAFFS (154 acres), areas of heavily disturbed and unsuitable RAFSS habitat (156 acres), as well as 38 acres of moderate quality/suitable RAFSS habitat. The City will also ensure that 9.0 acres of the acquired conservation properties are occupied LAPM habitat. The City will work closely with the RCA or other agency to acquire these needed conservation properties or develop and implement appropriate management actions by December P a g e