HomeMy WebLinkAbout2025-08-06; Planning Commission; 01; Southern California Gas Company Mainline Pipe Repair – Amendment to Coastal Development Permit and Habitat Management Plan Permit for Revised Restoration PlanMeeting Date: Aug. 6, 2025 Item No. 1
To: Planning Commission
Staff Contact: Alex Alegre, Associate Planner; 442-339-5268, Alex.Alegre@carlsbadca.gov
Subject: Southern California Gas Company Mainline Pipe Repair – Amendment to Coastal
Development Permit and Habitat Management Plan Permit for Revised
Restoration Plan
Location: Ponto area, on vacant property and adjacent right-of-way (APN: 216-140-43-00
/District 4)
Case Numbers: AMEND 2024-0005 (DEV2020-0283)
Applicant/Representative: James Chuang, 213-231-6228, wcchuang@socalgas.com
CEQA Recommendation: ☐Not a Project ☒ Exempt ☐ IS/ND or IS/MND ☐ EIR
☐Other:
Permit Type(s): ☐SDP ☐ CUP ☐ CDP ☐ TM/TPM ☐ GPA ☐ REZ ☐ LCPA
☒Other: CDP AMENDMENT / HMP AMENDMENT
Commission Action: ☒Decision ☐ Recommendation to City Council ☐ Informational (No Action)
Recommended Actions
That the Planning Commission ADOPT Planning Commission Resolution (Exhibit 1), APPROVING a CEQA
Exemption Determination and Amendment (AMEND 2024-0005) to a Coastal Development Permit (CDP 2021-
0035) and a Habitat Management Plan Permit (HMP 2021-0005), based upon the findings and subject to the
conditions contained therein.
Existing Conditions & Project Description
Existing Setting
The project site is located in the Coastal Zone, north of Avenida
Encinas and east of Carlsbad Boulevard, within the public right-
of-way along Ponto Drive and extending onto adjacent private
property owned by Ponto Investments LLC. The area is relatively
flat and lies approximately 500 feet east of the Pacific Ocean.
Land surrounding the project site is predominantly vacant and
undeveloped, with native vegetation communities, including
Diegan Coastal Sage Scrub (CSS), present to the south. The
project site includes disturbed habitat and compacted soils,
including areas affected by emergency pipeline repairs
completed between November 2020 and March 2021.
Site Map
The area designated for mitigation, specifically, 0.107 acre of Diegan CSS habitat creation, is located within the
public right-of-way along Carlsbad Boulevard, which includes the area covered by the existing SoCalGas pipeline
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easement. Although the overall disturbance footprint extends beyond the easement, including approximately
0.400 acre of disturbed habitat on adjacent private property, SoCalGas has secured access through a signed
agreement with the landowner (Ponto Investments LLC).
Table “A” below includes the General Plan designations, zoning and current land uses of the subject site and
surrounding properties. Please refer to Exhibit 2 for a larger site map.
TABLE A – SITE AND SURROUNDING LAND USE
Location General Plan Designation Zoning Designation Current Land Use
Site General Commercial (GC),
Residential (R-23)
Planned Community (P-C)
(Poinsettia Shores Master Plan)
Ponto Drive, Undeveloped
North
Residential (R-15),
Residential (R-23) and R-15
and Visitor Commercial (VC)
Commercial Tourist/Residential
Density – Multiple (RD-M-Q/C-T-
Q) and RD-M
Under review: 120-unit
apartment and retail
project
South Visitor Commercial (VC) Planned Community (P-C)
(Poinsettia Shores Master Plan)
Undeveloped
East Transportation Corridor (TC) Planned Community (P-C)
(Poinsettia Shores Master Plan)
Railroad
West Right of way, OpenSpace (O-
S)
Open Space (O-S) Carlsbad State Beach and
campground
Note: Portions of the project site are located within the public right-of-way (Ponto Drive), which is not assigned a specific General Plan land use or zoning designation.
General Plan Designation Zoning Designation
Background
In November 2020, Southern California Gas Company (SoCalGas) initiated emergency repairs to address a gas leak
discovered on Line 1026 during routine replacement of a 12-inch mainline valve and installation of pressure
control fittings. The leak required the construction team to excavate farther south along the pipeline to access a
suitable segment for repairs. The work occurred within Carlsbad Boulevard right-of-way and on adjacent private
property. An Emergency Coastal Development Permit (CDP 2020-0049) was issued to authorize the emergency
repairs, which were completed in March 2021.
Emergency CDPs, as governed by Carlsbad Municipal Code (CMC) Section 21.201.190, must be followed up with
additional analysis and condition satisfaction, as necessary, to meet coastal resource protection standards. The
conditional approval of CDP 2020-0049 required that a regular CDP application would be submitted to the city for
the emergency work completed and any follow up permanent repairs. Accordingly, the Planning Commission
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reviewed and approved CDP 2021-0035 and a Habitat Management Plan Permit (HMP 2021-0005) on April 6,
2022, as a follow-up application to make permanent the work conducted under the emergency permit (Planning
Commission Resolution No. 7445). To mitigate project impacts, the approval required on-site restoration
consistent with the city’s Local Coastal Program (LCP) and Habitat Management Plan (HMP), including mitigation
for impacts to Coastal Sage Scrub habitat.
In May 2022, during a coordination meeting, the California Coastal Commission clarified that all impacts from the
emergency repairs must be treated as permanent and mitigated at a 2:1 ratio, pursuant to Coastal Zone Standard
7-8 of the HMP. In 2023, the new property owner raised concerns about the accuracy of the original vegetation
mapping. In response, city staff advised SoCalGas that if a revised restoration plan were submitted, it would
require Planning Commission review and approval. A revised version of the plan was later submitted following
identification of mapping discrepancies. The revised plan was finalized in October 2024 (see Exhibit 9, Agency
Concurrence Documentation).
Implementation of the restoration plan was previously delayed due to lack of access to portions of the site located
on private property; however, SoCalGas has since entered into agreement with the property owner (Ponto
Investments LLC) to allow the restoration work to proceed.
Proposed Project
The proposed project is an amendment to CDP 2021-0035 and HMP 2021-0005 to consider a revised Habitat
Restoration and Revegetation Plan that replaces the original plan approved in 2022. The amendment reflects
updated vegetation mapping, revised calculations of permanent habitat impacts, and mitigation requirements
directed by the California Coastal Commission. The revised, draft plan was finalized in October 2024 following
review by city staff and the Resource Agencies.
The revised vegetation analysis identified 0.053 acre of permanent impact to CSS, a reduction from the originally
estimated 0.66 acre. The smaller impact area is based on corrected field mapping, prior site photography, and
updated review of vegetation cover following the emergency gas line repair. Although the impact area is smaller,
the Coastal Commission clarified during a May 2022 coordination meeting that all impacts must be treated as
permanent and mitigated at a 2:1 ratio, consistent with Coastal Zone Standard 7-8 of the Habitat Management
Plan. Based on this guidance, the revised plan requires 0.107 acre of on-site CSS habitat creation.
The total disturbance footprint remains 0.695 acre, with the remaining 0.642 acre consisting of non-native or
disturbed land cover that will be stabilized but not mitigated. Habitat restoration will occur entirely within the
Carlsbad Boulevard right-of-way, which is especially wide in the Ponto area and includes the existing SoCalGas
utility easement. In addition to correcting the mapping and mitigation, the revised plan includes erosion control,
stabilization measures, and a five-year monitoring and maintenance program. Implementation will occur within
the city right-of-way, with access secured via agreement with the adjacent private property owner (Ponto
Investments LLC).
Key updates reflected in the revised plan include:
•Correction of vegetation mapping and recalculation of impact areas based on field verification;
•Identification of 0.053 acre of permanent impact to Diegan CSS, requiring mitigation at a 2:1 ratio (0.107
acre of habitat creation) per Coastal Commission direction;
•Establishment of 0.107 acre of new Diegan CSS habitat on-site within a disturbed area outside of the
impact footprint to satisfy mitigation requirements;
•Stabilization of the 0.695-acre impact footprint, which largely consisted of non-native vegetation through
a one-time seeding and erosion control measures;
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•A five-year monitoring and maintenance program for the mitigation area, and short-term stabilization
best management practices for remaining disturbed areas; and
•Clarification of restoration implementation procedures, including access coordination with the adjacent
property owner (Ponto Investments LLC).
Implementation of the restoration plan, including site preparation, weed removal, soil treatment, and initial
planting, is expected to begin during the 2025/2026 rainy season. As stated in the applicant’s final restoration
plan, “all mitigation and stabilization seeding should be conducted after the first rains, typically beginning in
October/November. This installation timing will take advantage of the rainy season to maximize the potential for
successful germination and establishment of the new seeds” (Section 3.3.3, p. 10, Exhibit 8). A five-year
monitoring period will follow, conducted by the applicant’s biological consultant, with annual reports submitted
to the city for review. Annual reports will track progress toward defined success criteria—including native plant
cover, weed suppression, and erosion control—and serve as an accountability mechanism for ensuring proper
implementation (Section 5.3, p. 17, Exhibit 8). If success criteria are not met or work is not initiated in a timely
manner, the city may require remedial actions consistent with the adaptive management provisions of the final
restoration plan (Section 7.0, p. 19, Exhibit 8). The restoration effort will not be considered complete until the city
has verified that all success criteria have been met and has issued written confirmation of completion.
Per Condition 7 of the draft resolution, initial habitat restoration is required to begin during the 2025/2026 rainy
season and be completed by May 2026, unless otherwise approved by the City Planner. As a condition of permit
approval, these requirements are subject to city enforcement if not fulfilled. This amendment serves to update
the permit record with corrected biological data and revised mitigation obligations, and to authorize
implementation of the final restoration plan consistent with the city’s LCP, HMP, and prior Planning Commission
approvals.
The restoration area subject to this amendment is geographically separate from the area currently being used by
SANDAG for construction staging related to the Batiquitos Lagoon Double Tracking Project. The SoCalGas
restoration site lies within and adjacent to an existing utility easement, and no portion of the proposed mitigation
or stabilization overlaps with the active SANDAG construction zone. A September 2024 memorandum to the City
Council (Exhibit 10) outlines the scope and regulatory status of the SANDAG project.
Public Outreach & Comment
Public notice of the proposed project was mailed on December 12, 2024, to property owners within a 600-foot
radius of the subject site in accordance with City Council Policy No. 84 (Development Project Public Involvement
Policy) under Category A. Because the site is located within the Coastal Zone, notice to occupants within a 100-
foot radius is also required; however, no qualifying occupants were identified within that distance at the time of
noticing. A notice of project application sign was posted on site on January 13, 2025, in a location visible from the
public right-of-way. Documentation of mailed notices and sign posting is included as Exhibit 4.
In addition to formal noticing requirements, staff engaged in informal coordination efforts during preparation of
the revised restoration plan. This included a two-hour on-site meeting with an adjacent property owner in July
2023 to review access needs and restoration timing, a staff presentation to the Batiquitos Lagoon Foundation in
October 2024, and direct communication with California Coastal Commission and the wildlife agencies in 2023
and 2024 regarding restoration scope, zoning, and permitting procedures.
The project does not meet the applicability criteria for enhanced stakeholder outreach under Category B of City
Council Policy No. 84.
Response to Public Comment & Project Issues
No public comments or inquiries were received in response to the mailed notice or posted sign. In addition, no
comments or appeals were submitted in response to the project’s environmental determination. On December
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17, 2024, North County Transit District (NCTD) contacted SoCalGas to inquire whether construction might
temporarily affect operations at Bus Stop ID 22442 (Carlsbad Blvd & Avenida Encinas). SoCalGas confirmed they
will coordinate directly with NCTD if any service impacts are anticipated.
Project Analysis
General Plan Consistency
The project site is located within the public right-of-way and adjacent private property in an area designated for
General Commercial (GC), Residential (R-23), and Right-of-Way in the city’s General Plan. Surrounding properties
include land designated for residential, visitor commercial, transportation, and open space uses. The city of
Carlsbad General Plan includes several goals and policies that guide development, land use, habitat restoration,
and infrastructure maintenance within the city. The proposed amendment involves habitat restoration and
stabilization associated with previously approved emergency utility work and does not conflict with the site’s
General Plan land use designations or the future development potential of surrounding areas. A discussion of how
the project is consistent with applicable General Plan policies is summarized in Exhibit 3.
Municipal Code Consistency
The Carlsbad Municipal Code (CMC), specifically Title 21 of the Zoning Code, includes requirements and provisions
that regulate land use, development, and environmental protection within the city. The project is required to
comply with all applicable regulations of the CMC, including the coastal development permit procedures (CMC
Chapter 21.201), the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203), and the Habitat
Preservation and Management Requirements (CMC Chapter 21.210). Specific compliance with these relevant
requirements is described in Exhibit 3.
Local Coastal Program Consistency
The project site is located in the Mello II Segment and the West Batiquitos Lagoon/Sammis Properties Segment of
the city’s certified Local Coastal Program and within the Coastal Resource Protection Overlay Zone. The project is
consistent with the Local Coastal Program, including all applicable goals and policies of the General Plan and zoning
standards referenced above. Additional information related to the Coastal Development Permit, Habitat
Management Plan Permit, and consistency with the Local Coastal Program is included in Exhibits 1 and 3.
Discretionary Actions & Findings
The proposed project requires approval of one discretionary action, as described below.
Amendment (AMEND 2024-0005)
An amendment is required to update CDP 2021-0035 and HMP 2021-0005 to authorize a revised restoration and
stabilization plan. Staff finds that the required findings for this application can be met, as described in Exhibits 1
and 3. The amendment reflects corrected vegetation mapping, updated mitigation requirements, and revised
implementation procedures consistent with prior permit conditions and direction from the California Coastal
Commission.
The project’s discretionary application is within the purview of the Planning Commission pursuant to the CMC.
The Planning Commission’s action on the amendment will be approval or denial, with an appeal to the City Council
by a member of the public available. As a small portion of the project site near the Carlsbad Boulevard and Avenida
Encinas intersection is located within the appeal jurisdiction of the California Coastal Commission, the amendment
to the CDP may also be appealed by the Coastal Commission. If the California Coastal Commission exercises that
authority, it will assume jurisdiction over the subject permit and schedule a separate hearing.
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Environmental Review
Prior to final action by the decision-making body on the project, an environmental determination shall be made
by the appropriate decision-makers as part of the approval action to ensure agency compliance with the California
Environmental Quality Act (CEQA). Both may be made by the Planning Commission at the same hearing, provided
the sequence described above is followed.
Staff has reviewed the scope of the project and finds that the proposed amendment to CDP 2021-0035 and HMP
2021-0005 qualifies for a categorical exemption from the requirement for environmental documentation pursuant
to CEQA Guidelines Section 15302(c) – Replacement or Reconstruction. Section 15302(c) applies to replacement
or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. The
project qualifies for this exemption because it involves the implementation of a revised habitat restoration and
stabilization plan associated with previously approved emergency gas line repairs. No new development or
expansion of use is proposed.
A draft Notice of Exemption is included as Exhibit 6. This document must be reviewed and considered by the
Planning Commission prior to taking action on the project. The exemption determination is supported by the
record and staff has verified that none of the exceptions to categorical exemptions identified in CEQA Guidelines
Section 15300.2 or CMC Chapter 19.04 apply. The draft Notice of Exemption was posted for public disclosure on
July 8, 2025.
Conclusion
Considering the information above and in the referenced Exhibits, staff has found that the proposed project is
consistent with all applicable policies of the General Plan and Local Coastal Program, as well as the relevant
provisions of the CMC and Local Facilities Management Zone 9. In addition, there are no environmental issues
associated with the project and the resource agencies have reviewed and approved the final restoration plan.
The project will be required to comply with all applicable California Building Standards Codes and engineering
requirements through the standard building permit and civil improvement plan review process. Staff recommends
that the Planning Commission adopt the resolution determining that the project is exempt from CEQA and
approving the proposed project described in this staff report.
Exhibits
1.Planning Commission Resolution
2.Location Map
3.Project Analysis
4.Public Notice Documentation
5.Disclosure Statement
6.Draft Notice of Exemption (CEQA)
7.April 6, 2022 Planning Commission Staff Report
8.Final Habitat Restoration and Revegetation Plan (dated Oct 2024)
9.Agency Concurrence Documentation
10.Sept. 5, 2024 Council Memorandum on SANDAG Batiquitos Lagoon Double Tracking Project (on file in
the Office of the City Clerk)
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Exhibit 1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CEQA EXEMPTION
DETERMINATION AND AN AMENDMENT, AMEND 2024-0005, TO
COASTAL DEVELOPMENT PERMIT CDP 2021-0035 AND HABITAT
MANAGEMENT PLAN PERMIT HMP 2021-0005 TO APPROVE A REVISED
HABITAT RESTORATION AND REVEGETATION PLAN ASSOCIATED WITH
PREVIOUSLY APPROVED EMERGENCY GAS LINE REPAIRS LOCATED
WITHIN THE PUBLIC RIGHT-OF-WAY ADJACENT AND ON APN 216-140-43-
00, IN LOCAL FACILITIES MANAGEMENT ZONE 9 AND WITHIN THE MELLO
II AND WEST BATIQUITOS LAGOON/SAMMIS PROPERTIES SEGMENTS OF
THE LOCAL COASTAL PROGRAM.
CASE NAME: SOUTHERN CALIFORNIA GAS COMPANY MAINLINE PIPE
REPAIR
CASE NO.: AMEND 2024-0005 (DEV2020-0283)
WHEREAS, Southern California Gas Company, "Developer," has filed a verified application with
the City of Carlsbad to amend the permits associated with emergency repair to a portion of Mainline 1026,
a gas pipeline located in the Ponto area and extending from near the intersection of Carlsbad Boulevard
and Avenida Encinas to approximately 1,000 feet north where Ponto Drive turns ninety degrees west; the
subject portion of Mainline 1026 bisects Ponto Drive, is in the public right-of-way, and is alongside and
partially on property identified by Assessor’s Parcel Number 216-140-43 ("the Property"); and
WHEREAS, said verified application constitutes a request for an Amendment to Coastal
Development Permit CDP 2021-0035 and Habitat Management Plan Permit HMP 2021-0005 to authorize
a revised habitat restoration and revegetation plan associated with previously approved emergency gas
line repairs, as shown on Exhibit 8 dated October 2024, on file in the Carlsbad Planning Division, and as
provided in Chapters 21.201 and 21.210 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA, Public Resources Code
section 21000 et. seq.) and its implementing regulations (the State CEQA Guidelines), Article 14 of the
California Code of Regulations section 15000 et. seq., the city is the Lead Agency for the project, as the
public agency with the principal responsibility for approving the proposed project; and
PLANNING COMMISSI ON RESOLUTION NO. 7547
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WHEREAS, the city has received state and federal authorization to issue permits that may impact
sensitive species or habitats under Incidental Take Permit No. TE022606-0 from the U.S. Fish and Wildlife
Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05 from the California
Department of Fish and Wildlife; and
WHEREAS, the Planning Commission did, on Aug. 6, 2025, hold a duly noticed public hearing as
prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, said Commission considered all factors relating to the proposed
Amendment to the Coastal Development Permit (CDP2021-0035) and Habitat Management Plan Permit
(HMP 2021-0005).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad,
as follows:
A)That the above recitations are true and correct.
B)Compliance with CEQA. The project is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15302(c) –
Replacement or Reconstruction, as the proposed activity involves a revised restoration
and stabilization plan associated with previously approved emergency repairs to existing
utility infrastructure. The Planning Commission has reviewed and considered the draft
Notice of Exemption (Exhibit 6) prior to approval and finds that no exceptions to the
exemption under CEQA Guidelines Section 15300.2 or Carlsbad Municipal Code Section
19.04.070(C) are triggered.
C)That based on the evidence presented at the public hearing, the Commission APPROVES
AMEND 2024-0005 (DEV2020-0283) – SOUTHERN CALIFORNIA GAS COMPANY
MAINLINE PIPE REPAIR, based on the following findings and subject to the following
conditions:
Findings:
The following findings apply to the proposed Amendment, AMEND 2024-0005, to Coastal Development
Permit CDP 2021-0035 and Habitat Management Plan Permit HMP 2021-0005:
Coastal Development Permit
1.That the proposed amendment is in conformance with the Certified Local Coastal Program and
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all applicable policies in that revised habitat mitigation measures reflect corrected field
mapping, updated restoration requirements, and enhanced monitoring to ensure no net loss
of habitat in the Coastal Zone. The amendment does not alter the prior emergency work's
location or scope and does not conflict with LCP objectives regarding agriculture, steep slopes,
or coastal views.
2.The amendment is in conformity with the public access and recreation policies of Chapter 3 of
the Coastal Act in that the project area does not provide or obstruct public access to the beach
or recreation facilities and thus does not negatively impact public access or recreation.
Habitat Management Plan Permit
3.That the project area is shown in Figure 28 of the approved HMP as a "development area."
4.That authorization to impact sensitive habitats is subject to continuous compliance with all
provisions of the Habitat Management Plan for Natural Communities in the City of Carlsbad
(HMP), the Citywide Incidental Take Permit issued for the HMP, the Implementing Agreement,
the Terms and Conditions of the Incidental Take Permit, and the Biological Opinion. As amended,
project impacts to Diegan Coastal Sage Scrub habitat total 0.053 acre of permanent impact, with
on-site mitigation provided at a 2:1 ratio (0.107 acre), ensuring consistency with HMP Policy 7-
8 and no net loss of habitat in the Coastal Zone.
5.That authorization to impact sensitive habitats is subject to continuous compliance with the
provisions of Volumes I, II, and III of the Multiple Habitat Conservation Program and the Final
Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered
Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area
(SCH No. 93121073).
6.That all impacts to habitat and all take of species are incidental to otherwise lawful activities
related to the previously approved emergency repair of Mainline 1026 and subsequent
restoration.
7.That the project design, as amended, has avoided and minimized impacts to wildlife habitat and
species of concern to the maximum extent practicable in that project impacts to Diegan Coastal
Sage Scrub are considered permanent. The revised restoration plan clarifies the mitigation
approach and restoration site boundaries and includes long-term monitoring and adaptivemanagement.
8.That the authorization to impact sensitive habitats as a result of the project will not appreciably
reduce the likelihood of survival and recovery of the species in the wild due to compliance with
all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife
agencies and the public. The Diegan Coastal Sage Scrub impacted by the emergency repair
project is not within or adjacent to a hardline preserve or standards area and will be fully
replaced according to a restoration plan, ensuring no net loss of habitat in the Coastal Zone.
9.The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution and hereby finds that the exactions are imposed to mitigate impacts
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caused by or reasonably related to the project, and the extent and degree of the exaction is in
rough proportionality to the impact caused by the project.
Conditions:
General
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to permit issuance.
1.If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the city shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the city's approval of this Amendment to Coastal
Development Permit and Habitat Management Plan Permit.
2.Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Coastal Development Permit and Habitat Management Plan Permit
documents, as necessary to make them internally consistent and in conformity with the final
action on the project. Development shall occur substantially as shown on the approved Exhibits.
Any proposed development, different from this approval, shall require an amendment to this
approval.
3.Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4.Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly,
from (a) city's approval and issuance of this Amendment, (b) city's approval or issuance of any
permit or action, whether discretionary or nondiscretionary, in connection with the use
contemplated herein, and (c) Developer/Operator's implementation of the restoration plan
permitted hereby. This obligation survives until all legal proceedings have been concluded and
continues even if the city's approval is not validated.
5.As a condition of this approval, applicant must comply with the requirements of all regulatory
agencies having jurisdiction over the project and any mitigation requirements as specified herein.
6.To ensure no net loss of habitat in the Coastal Zone, Developer shall implement or cause to be
implemented the revised habitat restoration and stabilization plan dated October 2024. The
restoration plan includes creation of 0.107 acre of Diegan Coastal Sage Scrub (CSS) to mitigate for
0.053 acre of permanent impacts to CSS at a 2:1 ratio. In addition, approximately 0.695 acre of
disturbed non-native vegetation will be stabilized through seeding and erosion control measures.
The plan includes planting specifications, short- and long-term maintenance, a five-year
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monitoring and reporting schedule, and adaptive management measures consistent with the
city's Guidelines for Habitat Creation and Restoration dated July 20, 2009. Monitoring reports
shall be submitted to the city annually for five years or until restoration is deemed successful by
the city.
7.Initial habitat restoration installation, including planting and weeding, shall be conducted during
the 2025/2026 rainy season and completed no later than May 2026, unless otherwise approved
by the City Planner. This ensures timely initiation of the five-year monitoring and success criteria
required by the October 2024 restoration plan.
8.All other conditions of approval for CDP 2021-0035 and HMP 2021-0005, as adopted under
Planning Commission Resolution No. 7445, shall remain in full force and effect, except as modified
by this amendment.
Engineering
General
9.Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from the city engineer for the proposed
haul route.
Agreements
10.This project requires work on land not owned by the developer, identified as Assessor’s Parcel
Number 216-140-43-00. No work shall occur on this land unless the developer obtains and
submits a copy to the city engineer, a temporary construction easement or agreement from the
owners of the affected property. If developer is unable to obtain the temporary construction
easement, or agreement, the developer must apply for and obtain an amendment of this
approval.
Storm Water Quality
11.Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
12.Developer shall complete and submit to the city engineer a Determination of Project’s SWPPP Tier
Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall
also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level
Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer
shall pay all applicable SWPPP plan review and inspection fees per the city’s latest fee schedule.
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13.Prior to any work in city right-of-way or public easements, developer shall apply for and obtain a
right-of-way permit to the satisfaction of the city engineer.
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NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission’s
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
The Project site is within the appealable area of the California Coastal Commission. This Coastal
Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without
a valid appeal being filed with the Coastal Commission, following the Coastal Commission’s receipt of the
city’s notice of the CDP issuance (“Notice of Final Action”). The filing of a valid appeal with the Coastal
Commission within such time limit shall stay the effective date of this CDP until such time as a final decision
on the appeal is reached by the Coastal Commission.
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a) and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
Item #1 Item #1 14 of 106
Exhibit 2
Item #1 Item #1 15 of 106
PROJECT ANALYSIS Exhibit 3
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
PROJECT ANALYSIS
The project is subject to the following regulations:
A.General Plan (General Commercial (GC) and Residential (R-23) Land Use Designations
B.Right-of-Way and Planned Community (P-C) Zoning Designations (CMC Chapter 21.38)
C.Permit Amendment Process (CMC Chapter 21.54.125)
D.Local Coastal Program – Mello II Segment (CMC Chapter 21.201) and West Batiquitos Lagoon/Sammis
Properties segments, Coastal Development Permit Regulations and the Coastal Resource Protection
Overlay Zone (21.203)
E.Habitat Management Plan (CMC Chapter 21.210)
F.Growth Management Ordinance (CMC Chapter 21.90) and Local Facilities Management Plan Zone 9
The recommendation for approval of this project was developed by analyzing the project’s consistency
with the applicable regulations and policies. The project’s compliance with each of the above regulations
is discussed in detail within the sections below.
A.General Plan (General Commercial (GC) and Residential (R-23) Land Use Designations
The General Plan Land Use designations for the project site are General Commercial (GC) and Residential
(R-23). The project area lies entirely within the public right-of-way (Ponto Drive) and includes a small
portion of adjacent private property owned by Ponto Investments LLC (APN 216-140-43). This parcel is
split by Ponto Drive, with the GC designation applying to the portion west of the road and the R-23
designation applying to the portion east of the road. The proposed work affects only the eastern GC
designated portion of the private parcel and the adjacent right-of-okay way. No changes to land use or
intensity are proposed, and the project consists solely of habitat restoration and stabilization associated
with previously approved emergency utility work.
While the existing alignment of Ponto
Drive curves eastward, the actual public
right-of-way encompasses a much larger
area of undeveloped land between
Carlsbad Boulevard and Ponto Drive. This
atypical configuration may appear
misleading in aerial imagery, giving the
impression that the land is part of a
private parcel when it is, in fact, city-
owned right-of-way. The proposed
restoration and stabilization activities
occur entirely within this mapped right-
of-way and the eastern edge of APN 216-
140-43. The extent of the city-owned
right-of-way is shown in Figure A.Figure A: Aerial view showing right-of-way (yellow) extending west of Ponto Drive.
Item #1 Item #1 16 of 106
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 2
The project also complies with the other Elements of the General Plan as outlined in Table “A” below:
TABLE A – GENERAL PLAN COMPLIANCE
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY
Land Use &
Community
Design
Policy 2-P.89: Allow development of
the Ponto area with land uses that
are consistent with those
envisioned in the Ponto Beachfront
Village Vision Plan.
The revised restoration plan
supports the continued
implementation of essential utility
infrastructure within the Ponto area
while maintaining future
development potential consistent
with the Ponto Beachfront Village
Vision Plan. All restoration and
stabilization work is confined to
previously disturbed areas,
including habitat restoration within
the right-of-way and slope
stabilization measures on adjacent
private property. These
improvements will not interfere
with or limit future development.
Yes
Land Use &
Community
Design
Policy 2-P.53(h): Environmentally
sensitive design is a key objective.
Environmentally sensitive
development that respects existing
coastal resources is of utmost
importance.
The project avoids new disturbance
and implements habitat restoration
and erosion stabilization
improvements within the Carlsbad
Boulevard corridor. These measures
align with the goal of respecting and
enhancing coastal resources
through environmentally sensitive
design.
Yes
Mobility Policy 3-P.23: Maintain the city’s
scenic transportation corridors as
identified in the Carlsbad Scenic
Corridor Guidelines.
The project is located adjacent to
Carlsbad Boulevard, a designated
scenic corridor. Restoration of
native vegetation and stabilization
of disturbed areas will improve
visual quality and maintain scenic
character along the corridor.
Yes
Open Space,
Conservation
& Recreation
Goal 4-G.3 – Protect
environmentally sensitive lands,
wildlife habitats, and rare,
threatened, or endangered plant
and animal communities.
Completing the emergency repair
required removal of native habitat.
The project proposes to mitigate all
habitat lost, which is a required
condition, and which is subject to a
restoration plan.
Yes
Item #1 Item #1 17 of 106
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 3
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY
Public Safety Goal 6-G.1: Minimize injury, loss of
life, and damage to property
resulting from fire, flood, hazardous
material release, or seismic disaster
The emergency repair was
necessary to repair a leak on a gas
mainline before it could cause
damage to people or property.
Yes
B. Right-of-Way and Planned Community (P-C) Zoning Designations (CMC Chapter 21.38)
The project area lies within the public right-of-way (Ponto Drive) and a small portion of adjacent property
zoned Planned Community (P-C). The proposed amendment does not include new development and
consists solely of revised habitat restoration and stabilization activities associated with previously
approved emergency utility work. As such, the project will comply with all applicable zoning requirements
under the Carlsbad Municipal Code and relevant adopted planning documents, including the Ponto
Beachfront Village Vision Plan and the Poinsettia Shores Master Plan. Consistency with each is addressed
below.
1. Ponto Beachfront Village Vision Plan Consistency
The proposed amendment, which updates the habitat restoration plan associated with the SoCalGas
CDP/HMP approval, is generally consistent with the Ponto Beachfront Village Vision Plan. Although the
Vision Plan does not establish specific habitat restoration requirements, it includes multiple references
that support resource protection and mitigation of biological impacts.
Notably, the Vision Plan affirms the importance of preserving biological and wetland resources, stating
that “any impacts to jurisdictional waters are considered significant and should be avoided” and that
mitigation is often required (Chapter 1, Page 6). The Plan further states a goal of “no net loss” for drainage
features within the plan area and supports “on-site mitigation consisting of an enhanced wetland area”
to address such impacts (Chapter 1, Page 7). The proposed restoration amendment remains consistent
with this direction, focusing on on-site habitat restoration within the original disturbance area.
In addition, the Plan identifies sensitive habitat areas—such as Disturbed Coastal Sage Scrub—and sets a
mitigation ratio of 2:1 within the Coastal Zone (Chapter 1, Page 7). The updated restoration plan maintains
compatibility with these expectations by continuing to mitigate permanent impacts to sensitive habitat
(e.g., Diegan coastal sage scrub) and limiting restoration work to City ROW, consistent with the intent to
preserve and restore habitat function where feasible.
While the Vision Plan focuses more broadly on land use and development patterns rather than prescribing
detailed biological standards, the amendment aligns with its stated environmental principles, particularly
in its avoidance of new disturbance, implementation of mitigation, and compatibility with the area's
biological resource context.
2. Poinsettia Shores Master Plan – MP 175(G)
The proposed restoration activities occur almost entirely within city right-of-way (ROW) and do not
conflict with any development standards or guidelines set forth in the Poinsettia Shores Master Plan. The
Item #1 Item #1 18 of 106
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 4
Master Plan does not identify standards specific to ROW improvements or habitat restoration. Given the
nature and location of the work, the project is consistent with the intent of the Plan.
C. Permit Amendment Process (CMC Chapter 21.54.125)
The proposed project is an amendment to previously approved Coastal Development Permit CDP 2021-
0035 and Habitat Management Plan Permit HMP 2021-0005. In accordance CMC Section 21.54.125,
amendments to development permits follow the same procedural requirements as the original approval.
Because the original permit was approved by the Planning Commission, the amendment is also subject to
Planning Commission review and decision.
The amendment does not propose new development, land use changes, or increases in intensity. Instead,
it authorizes implementation of a revised habitat restoration and stabilization plan reflecting updated
biological mapping and restoration measures. In approving this amendment, the Planning Commission
may impose new conditions or revise existing conditions, consistent with CMC Section 21.54.125(D).
D. Local Coastal Program – Mello II Segment (CMC Chapter 21.201) and West Batiquitos
Lagoon/Sammis Properties segments, Coastal Development Permit Regulations and the Coastal
Resource Protection Overlay Zone (21.203)
1. Certified Local Coastal Program and Applicable Policies
The project site straddles the boundary between the Mello II and West Batiquitos Lagoon/Sammis
Properties segments of the city’s certified Local Coastal Program (LCP). It is also located within the appeal
jurisdiction of the California Coastal Commission. The site is located within the public right-of-way along
Ponto Drive and extends onto adjacent private property identified as APN 216-140-43-00.
The original emergency repair to the gas line was authorized under Emergency Coastal Development
Permit CDP 2020-0049. The Planning Commission subsequently approved CDP 2021-0035 and HMP 2021-
0005 to memorialize that work and address habitat impacts. The current amendment authorizes a revised
habitat restoration and stabilization plan based on updated biological mapping and implementation
requirements.
The proposed amendment is consistent with applicable LCP policies for the following reasons:
• As restoration associated with an existing, permitted utility repair in the public right-of-way, the
project does not conflict with land use or zoning designations within either LCP segment.
• No new construction grading or structural improvements are proposed. Restoration activities will
occur entirely within previously disturbed areas and do not involve mechanized earth-moving or
cut-and-fill grading. Soil preparation will be limited to low-impact methods, including disc
harrowing to a depth of approximately 4 to 6 inches to reduce compaction and support seed
germination. Additional restoration measures include removal of non-native vegetation using
hand tools or hand-operated power equipment, hand seeding with native species, and minor
erosion control using hand tools as needed. All activities are temporary and will occur within the
public right-of-way to restore habitat and ensure no net loss in the Coastal Zone.
Item #1 Item #1 19 of 106
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 5
• The project does not obstruct coastal views, involve development on agricultural land, or preclude
existing or future opportunities for public coastal access.
• Revised habitat restoration measures are consistent with Coastal Commission direction and city
HMP policies, including a 2:1 mitigation ratio for permanent Diegan Coastal Sage Scrub (CSS)
impacts.
2. Coastal Resource Protection Overlay Zone (CMC Chapter 21.203)
The project is subject to the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203). The overlay
includes performance standards related to preservation of natural resources, erosion control, slope
stability, and floodplain safety. The project’s compliance with each of these areas is discussed below:
a. Preservation of Steep Slopes and Vegetation. Slopes greater than 25% and possessing endangered
plant/animal species and/or coastal sage scrub and chaparral plant communities are considered “dual
criteria” slopes and are protected in the Coastal Zone. The project does not support any “dual criteria”
slopes.
b. Drainage, Erosion, Sedimentation, Habitat. The revised restoration plan includes erosion control
measures and native seeding to stabilize previously disturbed soils. The project will comply with the
BMP Design Manual and other applicable stormwater and runoff requirements to prevent
sedimentation and offsite drainage impacts.
c. Seismic Hazards, Landslides and Slope Instability. The project does not include new structures or
significant grading. Restoration activities are limited to minor soil preparation (e.g., disc harrowing)
and hand tool use within previously disturbed, relatively flat areas of the public right-of-way. No
slopes or known geologic hazard areas are affected, and no evidence of slope instability or liquefaction
hazards has been identified within the restoration footprint.
d. Flood Plain Development. No structures or fill are being proposed within a one-hundred-year
floodplain area as identified by the FEMA Flood Map Service Center.
E. Habitat Management Plan (CMC Chapter 21.210)
Pursuant to Chapter 21.210 of the Carlsbad Municipal Code, a Habitat Management Plan (HMP) Permit is
required for any development that directly or indirectly impacts natural habitat. The proposed project
includes restoration and stabilization activities associated with previously approved emergency repairs to
Mainline 1026 and involves permanent impacts to 0.053 acre of Diegan CSS, which is considered a
sensitive habitat under the city’s HMP.
The project site is located within a “development area” as identified in the approved HMP and is not
within or adjacent to a hardline preserve. However, the permanent impact to CSS requires mitigation to
ensure no net loss of habitat in the Coastal Zone. The applicant has submitted a revised habitat restoration
and stabilization plan that includes on-site creation of 0.107 acre of Diegan CSS to meet the California
Coastal Commission required 2:1 mitigation ratio. In addition, approximately 0.642 acre of disturbed non-
native vegetation will be stabilized with erosion control seeding.
Item #1 Item #1 20 of 106
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 6
The revised plan is consistent with the city’s adopted HMP and related implementation requirements. As
conditioned, restoration activities must be carried out in accordance with the final restoration plan, and
will be subject to ongoing maintenance and performance monitoring for a minimum of five years for the
habitat restoration area. In contrast, temporary stabilization areas will be monitored for three years,
consistent with the plan’s erosion and control objectives. Annual monitoring reports will be submitted to
the city to document compliance with the success criteria outlined in the plan. Staff has reviewed the
revised plan and found it to meet the applicable habitat mitigation and restoration standards.
F. Growth Management Local Facilities Management Zone 9
The proposed project is located within Local Facilities Management Zone 9 in the southwest quadrant of
the city. There will be no impact to public facilities because the project does not involve new development
or generate population.
TABLE E – GROWTH MANAGEMENT COMPLIANCE
Standard Impacts/Demand Compliance
City Administration No impact Yes
Library No impact Yes
Wastewater
Treatment No impact Yes
Parks No impact Yes
Drainage No impact Yes
Circulation No impact Yes
Fire No impact Yes
Open Space No impact Yes
Schools No impact Yes
Sewer Collection
System No impact Yes
Water No impact Yes
Item #1 Item #1 21 of 106
Exhibit 4
Item #1 Item #1 22 of 106
Item #1 Item #1 23 of 106
Page 1 of 6
P-1(A) Form Rev 6/2023
Development Services
Planning Division
1635 Faraday Avenue
442-339-2600
www.carlsbadca.gov
AUTHORIATION, CONSENT, AND
DISCLOSURE STATEMENT
P-1(A)
APPLICATION AND ACKNOWLEDGEMENT INFORMATION
This submittal form (Part A through Part F) must be completed as part of your application with the City
of Carlsbad. Your project cannot be reviewed until this information is completed.
PART A. Owner Authorization and Consent
NOTE: This Consent and Disclosure Form must list the name of the principal owners (10% or greater) and
attach a copy of the current corporate articles, partnership agreement, or trust document, as applicable.
Provide name(s) of the person(s) authorized to sign on behalf of the organization. (A separate page may
be attached if necessary.) IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE
NOT-APPLICABLE (N/A) IN THE SPACE BELOW.
This is to certify under penalty of perjury that the undersigned is/are the record owner(s) of the
property known as:
Assessor’s Map Book, Page and Parcel (APN/APNs): ___________________________________________
________________________________________________________________________________ ; and
Street Address (if applicable): ____________________________________________________________.
that I/we (full legal name of all record owners) consent to the filing of the Land Use Review Application
on our property for processing by the City of Carlsbad Planning Division. I/We declare under penalty of
perjury that I/we have reviewed this Affidavit and the information is true and correct.
Name: __________________________________________________________________
Signature: _______________________________________________________________
Name: __________________________________________________________________
Signature: _______________________________________________________________
Name: __________________________________________________________________
Signature: _______________________________________________________________
(For additional names, please use a separate sheet of paper)
City of Carlsbad Public Right-of-Way
between Ponto Dr. and Carlsbad Blvd., north of Avenida Encinas
Curti sJackson, Real Estate Manager
Exhibit 5
Item #1 Item #1 24 of 106
Page 2 of 6
P-1(A) Form Rev 6/2023
IMPORTANT: A Grant Deed is required if the ownership does not match city records. Ownership on the
deed must correspond exactly with the ownership listed. If the owner noted on the Grant Deed does not
match the person signing as Property Owner, provide paperwork documenting the person signing is
authorized to sign as a Property Owner.
Whenever any excavation, fill, or other project-related improvement requires entry onto adjacent
property for any reason, the Land Use Review Application shall include the written consent or legal
easements or other property rights of the adjacent property owner or their authorized representative,
and shall include such consent with the application package. The application will not be deemed
complete unless and until all necessary consent documents are so filed. The consent shall be in a form
acceptable to the City Planner. If the proposed improvements on the adjacent property change the
nature of the property’s development rights (or implied bundle of rights), the city might require
recordation of a Covenant and Agreement for Offsite Improvements and Release of Liability as a
condition of project approval.
Does the project’s limits of disturbance encroach on property not owned by the Property Owner?
Yes No If yes, attach adjacent owner authorization.
PART B. Owner Declarations (to be signed by Property Owner)
I/We hereby certify under penalty of perjury that I have read the information below and that:
1. I/We understand that it is the responsibility of the Applicant to substantiate the request through
the requirements of the application.
2. I/We understand that if there is a zoning violation on the property, application review may be
delayed. Any unpermitted structures or uses must either be removed or legalized at part of this
application.
3. I/We understand that if this application is approved, I/we may be required to record a covenant
with the County Recorder’s Office, the form and content that is satisfactory to the City and its
City Attorney, to notify future owners of the project approval and restrictions.
4. If this Land Use Review Application is approved or conditionally approved, I/we hereby certify
that I/we will comply with all conditions attached to the approval action. I/We understand that
the failure to comply with any conditions shall constitute grounds for the revocation or
modification of the approval, permit, or other authorizations provided.
5. Prior to any use of the project site pursuant to the permit issued, all conditions of approval (if
any) will be completed or secured in the manner as stated or required.
Property Owner Signature(s): _________________________________________________________
Name(s): __________________________________________________ Date: __________________7/23/24Curtis Jackson, Real Estate Manager
Item #1 Item #1 25 of 106
Page 3 of 6
P-1(A) Form Rev 6/2023
PART C. Project Team Information (complete all applicable fields)
Applicant: Same as Owner Different from Owner
Name (if different from Owner): __________________________________________________________
Company or Firm: ______________________________________________________________________
Contact Address: _______________________________________________________________________
City: ___________________________ State: ___________________________ Zip Code: _____________
Agent or Representative: Same as Applicant Different from Applicant N/A
Name (if different from Applicant): ________________________________________________________
Company or Firm: ______________________________________________________________________
Contact Address: _______________________________________________________________________
City: ___________________________ State: ___________________________ Zip Code: _____________
Other (specify Architect, Engineer, CEQA Consultant, etc.): ____________________________________
Name: ______________________________________________________________________________
Company or Firm: ______________________________________________________________________
Contact Address: _______________________________________________________________________
City: ___________________________ State: ___________________________ Zip Code: _____________
NOTE: A Letter of Authorization (LOA) from the Property Owner empowering a person or persons to act
on the behalf of the Property, is required if anyone other than the Property Owner signs the Land Use
Review Application as the Applicant or Agent. The authorized person (Applicant or Agent) on the LOA
must correspond with the name and signature, above.
PART D. Single “Point of Contact” Designation
X
Southern California Gas Company
555 W. 5th St., MLGT17E2
Los Angeles CA 90013
X
James Chuang, Principal Environmental Specialist
Southern California Gas Company
555 W. 5th St.
Los Angeles CA 90013
Environmental Consultant
Rachel Chen
AECOM Technical Services, Inc.
401 West A St., Suite 1200
San Diego CA 92101
A single “point of contact” is an individual that handles all communications with the city and its review
team for the purposes of sending and receiving application materials, information, reports, etc. The
point of contact is to be the single individual elected on the Land Use Review Application form for all
communications and to remain as the primary contact for all status updates relating to the Land Use
Review Application.
Single Point of Contact: Applicant Property Owner X Agent Other ____________________
Item #1 Item #1 26 of 106
Page 4 of 6
P-1(A) Form Rev 6/2023
PART E. Contribution Disclosure
Has the Property Owner, Applicant, or Agent had more than $900 worth of business transacted with any
member of city staff, Boards, Commissions, Committees and/or Council within the past 12 months?
Yes No If yes, indicate person(s): ______________________________________________
NOTE: Attach additional sheets if necessary.
PART F. Applicant Declarations (to be signed by Applicant)
I hereby certify under penalty of perjury that I have read the information below and that:
1. I have carefully reviewed and prepared the application and plans in accordance with the
instructions.
2. I understand that the specific information needed to initiate planning case processing
corresponds to those items listed in the application form’s “Minimum Submittal Intake
Requirements Checklist.” I also understand that even if the application is duly filed and
accepted for intake processing, each application submitted to the Planning Division is
required to have specified information included in the application packet before it is
determined to be complete. The specific information to determine completeness is in
“Completeness Determination Requirements Checklist.”
3. The Planning Division has developed policies to help ensure that discretionary permit
applications are timely processed. The Permit Streamlining Act shot clock starts on the intake
date the Planning staff accepts a duly filed application.
4. I understand that once an application is determined to be complete, project or design changes
that will increase the number of units, add uses that were not previously listed, substantially
change the site plan, or other changes that trigger the need for additional discretionary
approvals will require a new application, or the filing of other application permit types, which
would restart the review “clock” and extend processing timelines.
5. I understand that upon city review, additional information, documents, reports, entitlements
and fees might be required, including any referral fees. I understand that all fees and deposits
submitted with this application will be refunded only as provided for by the ordinances,
regulations, or policies in effect at the time of the application submittal.
6. I understand that it is my responsibility to ensure that statements are true, that discrepancies do
not exist between the project’s description on the application, the architectural plans and the
structural plans. If discrepancies exist between the architectural plans and the structural plans,
the architectural plans shall take precedence. Ultimately, the scope of work, as described on the
permit that authorizes construction, takes precedence over the plans. If there is a discrepancy
between the plans and the description on the permit, the permit governs.
X
Item #1 Item #1 27 of 106
Page 5 of 6
P-1(A) Form Rev 6/2023
7. I understand that all materials submitted in connection with this application might become
public record subject to inspection and copying by the public. I acknowledge and understand
that the public might inspect and copy these materials and that some or all of the materials
might be posted on the city website or elsewhere online, outside of the city’s control.
8. I understand there are no assurances at any time, implicitly or otherwise, whether provided to
me in writing or by oral communications regarding final staff recommendations to the decision-
making body about this application or the determination of any decision-making body.
9. If the project is approved or conditionally approved, the approved plan set of project drawings,
civil plans/grading, sections, site plans, floor plans, architectural elevations, and landscape plans
shall not be altered without express authorization by the City Planner. Once a permit has been
issued, the Applicant may request permit modifications. “Minor" modifications might be granted
if found by the City Planner to be in substantial conformity with the approved plan set, including
all exhibits and permit conditions. Modifications beyond the scope described in the approved
plan set might require submittal of an amendment to the permit and approval by the authorized
review body.
10. Should any proponent of the project fail to file a timely and valid appeal of the permit within the
applicable appeal period, such inaction shall be deemed to constitute acceptance of the permit
by the Applicant; and agreement by the Applicant to be bound by, to comply with, and to do all
things required of or by the Applicant pursuant to all of the terms, provisions, and conditions of
the issued permit or other approval.
11. As part of this application, the Applicant hereby agrees to defend, indemnify, and hold harmless
the City of Carlsbad, its Council, boards and commissions, officers, employees, volunteers, and
agents from any claim, action, or proceeding against the City of Carlsbad, its Council, boards and
commissions, officers, employees, volunteers and agents, to attack, set aside, void or annul an
approval of the application or related decision, including environmental documents, or to
challenge a denial of the application or related decisions. This indemnification shall include, but
not be limited to, damages awarded against the city, if any, costs of suit, attorneys’ fees, and
other expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by Applicant, city, and/or the parties initiating or bringing such
proceeding. The Applicant shall indemnify the city for all of the city’s costs, attorneys’ fees, and
damages that the city incurs in enforcing the indemnification provisions set forth herein. The
Applicant shall pay to the city upon demand any amount owed to the city pursuant to the
indemnification requirements prescribed.
Item #1 Item #1 28 of 106
Page 6 of 6
P-1(A) Form Rev 6/2023
By signing below, I hereby agree to defend, indemnify and hold harmless the city and I certify that the
application I am submitting, including all additional required information, is complete and accurate to
the best of my knowledge. I understand that any misstatement or omission of the requested
information or of any information subsequently requested might be grounds for rejecting the
application, deeming the application incomplete, denying the application, suspending or revoking a
permit issued on the basis of these or subsequent representations, or for the seeking of such other and
further relief as deemed by the City of Carlsbad.
Applicant Signature: _________________________________________________________________
Name: ____________________________________________________ Date: __________________
This form must be stapled/attached to the application and shall be effective until replaced or
revoked in writing.
Item #1 Item #1 29 of 106
Exhibit 6
NOTICE OF EXEMPTION
To: Assessor/Recorder/County Clerk From: CITY OF CARLSBAD
Attn: Fish and Wildlife Notices Planning Division
1600 Pacific Highway, Suite 260 1635 Faraday Avenue
San Diego CA 92101 Carlsbad, CA 92008
MS: A-33 (442) 339-5153
Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code
(California Environmental Quality Act).
Project Number and Title: AMEND 2024-0005 (DEV2020-0283) — SOUTHERN CALIFORNIA GAS COMPANY
MAINLINE PIPE REPAIR – RESTORATION PLAN AMENDMENT
Project Location - Specific: Right-of-way along Ponto Drive adjacent to APN 216-140-43-00
Project Location - City: Carlsbad Project Location - County: San Diego
Description of Project: Amendment to Coastal Development Permit CDP 2021-0035 and Habitat Management
Plan Permit HMP 2021-0005 to approve a revised habitat restoration and stabilization plan associated with
emergency gas line repairs previously completed along Ponto Drive. The revised plan updates the biological
mapping and mitigation scope, providing for the creation of 0.107 acre of Diegan coastal sage scrub to mitigate
for 0.053 acre of permanent impact, and stabilizes an additional 0.642 acre of disturbed non-native vegetation.
Name of Public Agency Approving Project: City of Carlsbad
Name of Person or Agency Carrying Out Project: Southern California Gas Company
Name of Applicant: James Chuang, Senior Environmental Specialist/ Land Planner/ Contract Delegate
Applicant’s Address: 555 W. 5th Street, MLGT02A, Los Angeles, CA 90013
Applicant’s Telephone Number: (213) 244-5817
Name of Applicant/Identity of person undertaking the project (if different from the applicant above):
Exempt Status: (Check One)
Ministerial (Section 21080(b)(1); 15268);
Declared Emergency (Section 21080(b)(3); 15269(a));
Emergency Project (Section 21080(b)(4); 15269 (b)(c));
Categorical Exemption – Replacement or Reconstruction – Section 15302(c)
Statutory Exemptions - State code number:
Common Sense Exemption (Section 15061(b)(3))
Reasons why project is exempt: Categorical Exemption: Section 15302(c) – Replacement or Reconstruction
exempts projects involving replacement or reconstruction of existing utility systems and/or facilities involving
negligible or no expansion of capacity. The proposed amendment does not authorize new development or
expansion of utility services but rather implements a revised restoration and stabilization plan related to
previously approved emergency repairs. Restoration activities will occur in previously disturbed areas and do
not result in new impacts.
Item #1 Item #1 30 of 106
Exceptions to Exemptions
CEQA Section 15300.2 – Exceptions
Planning staff evaluated all the potential exceptions to the use of Categorical Exemptions for the proposed
project (in accordance with CEQA Guidelines Section 15300.2) and determined that none of these
exceptions apply as explained below:
a. Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located - a
project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive
environment be significant. Therefore, these classes are considered to apply in all instances, except where
the project may impact on an environmental resource of hazardous or critical concern where designated,
precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. This project
is eligible for the Class 3 exemption.
Response – This project is eligible under Class 2 – Replacement or Reconstruction, which is not subject to
the location exception.
b. Cumulative Impact - “All exemptions for these classes are inapplicable when the cumulative impact of
successive projects of the same type in the same place, over time is significant.”
Response – There is no evidence to suggest that the project, when viewed in conjunction with past or
reasonably foreseeable future projects in the vicinity, would result in a significant cumulative impact. The
amendment implements a revised restoration plan for a previously approved emergency repair and does
not involve new development or intensification of land use. Accordingly, this exception does not apply.
c. Significant Effect - “A categorical exemption shall not be used for any activity where there is a reasonable
possibility that the activity will have a significant effect on the environment due to unusual circumstances.
Examples include projects which may affect scenic or historical resources.”
Response – The project does not present unusual circumstances that would result in significant
environmental impacts. The revised plan addresses impacts that have already occurred and ensures full
on-site mitigation and monitoring consistent with the city’s Habitat Management Plan and Coastal
Program policies.
d. Scenic Highway - “A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar
resources, within a highway officially designated as a state scenic highway. This does not apply to
improvements which are required as mitigation by an adopted negative declaration or certified EIR.”
Response – The project is not located within or adjacent to a highway officially designated as a state scenic
highway. While it is near Carlsbad Boulevard, a local scenic corridor, the project involves no above-ground
structures or new grading and will not alter public views or visual character. This exception does not apply.
e. Hazardous Waste Site - “A categorical exemption shall not be used for a project located on a site which is
included on any list compiled pursuant to Section 65962.5 of the Government Code.”
Response – A review of available records did not identify any sites which are included on any list compiled
pursuant to Section 65962.4 of the Government Code.
f. Historical Resources - “A categorical exemption shall not be used for a project which may cause a
substantial adverse change in the significance of a historical resource.”
Item #1 Item #1 31 of 106
Response – The project area does not contain or adjoin any known historical resources, nor does the work
involve demolition, alteration, or new development. The restoration work is limited to disturbed habitat
areas and does not affect any structure or site with historical significance. This exception does not apply.
Carlsbad Municipal Code Section 19.04.070 C - Exceptions
Exceptions. Even though a project may otherwise be eligible for [a CEQA] exemption, no exemption shall apply
in the following circumstances:
1. Grading and clearing activities affecting sensitive plant or animal habitats, which disturb, fragment or
remove such areas as defined by either the California Endangered Species Act (Fish and Game
Code Sections 2050 et seq.), or the Federal Endangered Species Act (16 U.S.C. Section 15131 et seq.);
sensitive, rare, candidate species of special concern; endangered or threatened biological species or their
habitat (specifically including sage scrub habitat for the California Gnatcatcher); or archaeological or cultural resources from either historic or prehistoric periods;
Or
2. Parcel maps, plot plans and all discretionary development projects otherwise exempt but which affect
sensitive, threatened, or endangered biological species or their habitat (as defined above), archaeological
or cultural resources from either historic or prehistoric periods, wetlands, stream courses designated on
U.S. Geological Survey maps, hazardous materials, unstable soils, or other factors requiring special review,
on all or a portion of the site. (Ord. NS-593, 2001)
Response – The proposed project will not result in new grading, ground disturbance, or expansion of use beyond what was previously permitted for the emergency repair. All biological impacts associated with the
original work have been fully characterized and will be addressed through the revised restoration plan.
The project is located outside any Hardline Preserve or Standards Areas under the Habitat Management
Plan and does not affect stream courses or mapped wetlands.
As a habitat restoration effort, the project is specifically designed to avoid and mitigate potential biological
impacts and has been reviewed and conditioned accordingly. The proposed habitat creation area, for
example, is within disturbed habitat adjacent to Diegan CSS habitat. Due to its low quality, impacts to
disturbed habitat do not require mitigation. No sensitive archaeological or cultural resources have been
identified on site, and the area has already been disturbed. There are no known hazardous materials,
unstable soils, or other environmental conditions requiring special review.
Lead Agency Contact Person: Alex Alegre Telephone: 442-339-5268
Item #1 Item #1 32 of 106
Exhibit 7
April 6, 2022 Planning Commission Staff Report
(On file in the Office of the City Clerk )
Item #1 Item #1 33 of 106
eTS 44537 Line 1026
Emergency Repair Project
Habitat Restoration and Revegetation Plan
Prepared for
Southern California Gas Company
555 West 5th Street
Los Angeles, CA 90013
Prepared by
Rincon Consultants, Inc.
March 2022
Revised by
AECOM
401 West A Street, Suite 1200
San Diego, CA 92101
December 2023
Revised October 2024
Exhibit 8
Item #1 Item #1 34 of 106
Item #1 Item #1 35 of 106
Final Habitat Restoration and Revegetation Plan Page i
CONTENTS
1 INTRODUCTION ........................................................................................................................1
1.1 Project Description .................................................................................................................... 2
1.2 Project Location ......................................................................................................................... 2
1.3 Applicable Mitigation Requirements ......................................................................................... 2
2 ENVIRONMENTAL SETTING .......................................................................................................7
3 IMPLEMENTATION ....................................................................................................................7
3.1 Access Routes and Staging ........................................................................................................ 8
3.2 Site Preparation ......................................................................................................................... 8
3.2.1 Delineation of the Work Area ...................................................................................... 9
3.2.2 Perennial Invasive Weed Removal ............................................................................... 9
3.2.3 Mowing ......................................................................................................................... 9
3.2.4 Soil Preparation ............................................................................................................ 9
3.2.5 Erosion Control ............................................................................................................. 9
3.3 Seed Installation ...................................................................................................................... 10
3.3.1 Seed Installation Specifications .................................................................................. 10
3.3.2 Seed Source Material ................................................................................................. 11
3.3.3 Seeding Schedule ....................................................................................................... 11
3.4 120-Day Plant Establishment Period ....................................................................................... 11
4 MAINTENANCE ....................................................................................................................... 12
4.1 Schedule .................................................................................................................................. 12
4.2 Weed Control .......................................................................................................................... 13
4.3 Irrigation .................................................................................................................................. 14
4.4 Horticultural Treatments ......................................................................................................... 14
4.5 Erosion Control ........................................................................................................................ 15
4.6 General Site Maintenance ....................................................................................................... 15
4.7 Remedial Seeding .................................................................................................................... 15
4.8 Pest Control ............................................................................................................................. 15
5 MONITORING ......................................................................................................................... 15
5.1 Monitoring Schedule ............................................................................................................... 16
5.2 Monitoring Methods for Mitigation Areas .............................................................................. 16
5.3 Success Criteria ........................................................................................................................ 17
5.3.1 Reference Site ............................................................................................................ 17
5.3.2 Success Criteria ........................................................................................................... 17
Item #1 Item #1 36 of 106
Final Habitat Restoration and Revegetation Plan Page ii
6 REPORTING............................................................................................................................. 18
7 ADAPTIVE MANAGEMENT AND CONTINGENCY MEASURES ...................................................... 19
8 NOTIFICATION OF MITIGATION COMPLETION .......................................................................... 20
9 REFERENCES ........................................................................................................................... 21
APPENDICES
Appendix A. “Habitat Restoration Plan – Southern California Gas Mainline 1026 Pipe Repair” Letter from
the City of Carlsbad.
Appendix B. Site Photographs
Appendix C. Mitigation Site Photographs
Appendix D. Post-Construction Biological Report for SoCalGas (October 15, 2021)
FIGURES
Figure 1. Regional Location of Project Site ................................................................................................... 3
Figure 2. Vegetation and Land Cover Types ................................................................................................. 4
Figure 3. Restoration and Stabilization Areas ............................................................................................... 5
TABLES
Table 1. Summary of Impacts ....................................................................................................................... 6
Table 2. Mitigation Seed Mix ...................................................................................................................... 10
Table 3. Stabilization Seed Mix ................................................................................................................... 11
Table 4. Proposed Schedule ........................................................................................................................ 13
Table 5. Proposed Herbicide and Adjuvant List .......................................................................................... 14
Table 6: Success Standards for 5-Year Mitigation Program ........................................................................ 18
Item #1 Item #1 37 of 106
Final Habitat Restoration and Revegetation Plan Page iii
Acronyms and Abbreviations
BMP best management practice
CAGN coastal California gnatcatcher
Cal-IPC California Invasive Plant Council
CDP Coastal Development Permit
City City of Carlsbad
CNPS California Native Plant Society
CSS coastal sage scrub
HMP Habitat Management Plan
LCP Local Coastal Program
LTMP Long-Term Maintenance Period
PEP Plant Establishment Period
Plan Habitat Restoration and Revegetation Plan
Project Line 1026 Emergency Repair Project
Restoration and Revegetation Plan Habitat Restoration and Revegetation Plan
Rincon Rincon Consultants, Inc.
SoCalGas Southern California Gas Company
Item #1 Item #1 38 of 106
Final Habitat Restoration and Revegetation Plan Page iv
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Item #1 Item #1 39 of 106
Final Habitat Restoration and Revegetation Plan Page 1
1 Introduction
This revised Habitat Restoration and Revegetation Plan (Plan or Restoration and Revegetation Plan) has
been prepared by Southern California Gas Company (SoCalGas) to guide restoration efforts for impacts to
areas subject to the jurisdiction of the City of Carlsbad (City) for the SoCalGas eTS 44537 Line 1026
Emergency Repair Project (Project). Emergency repairs for the Project started in November 2020 and
concluded in March 2021. This Plan was required in order for the City to process Coastal Development
Permit (CDP) Number (No.) 2021-0035.
A previous version of this Plan was submitted to and approved by the City in March 2022 (Rincon 2022).
This revised Plan was prepared at the request of the City as outlined in a letter from the City to SoCalGas
dated June 8, 2023, and provided in Appendix A (City of Carlsbad 2023). Per the letter, the mapping of the
restoration area from the original Plan, which was submitted by Rincon Consultants, Inc. (Rincon), was
likely incorrect and overestimated; therefore, this Plan has been updated to reflect revised restoration
and stabilization area acreages based on a review of more accurate data, including site photographs and
previous vegetation mapping. In addition to the mapping, this Plan has been revised to include a one-time
stabilization seeding of the impact area that was mapped within disturbed habitat. Furthermore, the
success criteria have been revised in alignment with the Guidelines for Habitat Creation and Restoration
in Carlsbad (City of Carlsbad 2009).
The Plan was also prepared to comply with the City’s Local Coastal Program (LCP) (City of Carlsbad 2019)
and the Carlsbad Habitat Management Plan (HMP) (City of Carlsbad 2004). The HMP serves as the City’s
Subarea Plan under the North County Multiple Habitat Conservation Program (MHCP) (City of Carlsbad
2004). The project site is located within the Coastal Zone in a “developable” portion of the HMP (i.e., not
an Existing Hardline, Proposed Hardline, or Standards Area), and is not located adjacent to any HMP
hardline area. The LCP and HMP coastal zone standard 7-8 require no net loss of habitat within the Coastal
Zone. Based on a meeting with the California Coastal Commission and the City of Carlsbad on May 3, 2022,
it was determined that impacts to Diegan Coastal Sage Scrub (Diegan CSS) habitat incurred from Project
activities shall be mitigated at a 2:1 ratio via on-site restoration and creation, as the Coastal Commission
considers all impacts to be permanent.
The Plan identifies the location of the mitigation area (consisting of 2:1 creation) totaling 0.107 acre
(revised from 0.66 acre in the previous version of this Plan, which only accounted for 1:1 mitigation and
was based on incorrect vegetation mapping). The remaining areas within the impact footprint will be
seeded for soil stabilization purposes. The focus of the mitigation component will involve restoring Diegan
CSS in the original impact area, and creating habitat in a disturbed area that currently supports non-native
species. This Plan is consistent with the Guidelines for Habitat Creation and Restoration in Carlsbad (City
of Carlsbad 2009). Specifically, the purpose of this Plan is to describe the current condition of the impact
area, a restoration implementation plan, planting specifications, maintenance activities, monitoring
methods, success criteria, and reporting program required to facilitate a successful on-site restoration
and soil stabilization program to comply with the City’s restoration requirements.
The maintenance easement holder, SoCalGas (i.e., Permittee), is the Responsible Party for planning,
implementation, maintenance, performance monitoring, and reporting necessary to achieve the primary
goals of this Plan. The Permittee will be providing all funding for the activities discussed in this Plan.
Item #1 Item #1 40 of 106
Final Habitat Restoration and Revegetation Plan Page 2
The Project and restoration site are described in Sections 1 and 2 of this report. Restoration requirements
are outlined in Section 1.3. The proposed restoration implementation plan is summarized in Section 3.
The maintenance, monitoring, and reporting programs are discussed in Sections 4, 5, and 6, respectively.
Contingency measures and adaptive management are discussed in Section 7. Notification of mitigation
completion is discussed in Section 8.
1.1 Project Description
The Project involved emergency pipeline repairs on SoCalGas Line 1026 (Figure 1). On November 10, 2020,
while conducting a routine replacement of a 12-inch mainline valve and installing pressure control fittings
to isolate the mainline, a leak was discovered on Line 1026 and required the construction team to excavate
farther south along the pipeline to find suitable pipe on which to transition fittings. Vegetation trimming
and clearing occurred in November and December 2020 to allow work area access and staging. Project
activities began in November 2020 and concluded in March 2021. The Project resulted in impacts to 0.053
acre to Diegan CSS within the Project site (Figure 2). All Project-related excavations have been backfilled
to pre-existing grade, but the Project site is currently barren and ready for restoration.
1.2 Project Location
The Project is located within the City of Carlsbad, west of Interstate 5, east of Carlsbad Boulevard, north
of Avenida Encinas, and approximately 500 feet east of the Pacific Ocean (Figure 3). The Project is within
the Coastal Zone and in the “developable” portion of the City’s HMP. The Project site is defined as areas
where Project work took place, including any excavations, materials staging, and laydown locations. These
activities occurred within and beyond the 5-foot-wide SoCal Gas pipeline easement on land owned by the
City of Carlsbad and Ponto Investments LLC (Figure 2). The approximate center of the Project site is at
latitude 33.097737°N and longitude -117.313815°W (WGS84). The Project site is within Township 12S,
Range 4W, Section 28, San Bernardino Meridian. Elevations within the Project site range from 50 to
75 feet (15.8 to 21.3 meters) above mean sea level.
1.3 Applicable Mitigation Requirements
Based on a meeting between the City and the California Coastal Commission on May 3, 2022, it was
determined that the Coastal Commission considers all Project impacts to be permanent. Pursuant to HMP
coastal zone standards 7-8 and 7-9, permanent impacts to Diegan CSS shall be mitigated at a 2:1 ratio,
with at least 1:1 in the form of creation, to meet the no net loss requirement.
Restoration requirements for the Project are identified in Planning Commission Resolution 7445,
approved April 6, 2022; however, due to corrected vegetation mapping and a revised restoration timeline
that is different than approved, the City will update the record (make corrections to the impact and
mitigation calculations and restoration schedule) and present for approval at a future Planning
Commission Hearing.
Item #1 Item #1 41 of 106
^_
FIGURE 1REGIONAL AND PROJECT VICINITY
I 1.5 1.50 Miles
1:95,040Scale:1 in = 1.5 miles
LEGENDHMP Preserves
Existing Hardline
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Source: SANDAG 2020 Imagery; SoCal Gas 2023; AECOM 2023; Helix 2014 (Vegetation).
DATE: 11/3/2023
L1026 CARLSBAD HABITAT RESTORATION PLANSOUTHERN CALIFORNIA GAS COMPANY
Project Location
Item #1 Item #1 42 of 106
!H
Access Point
APN: NoneCITY OF CARLSBAD RIGHT-OF-WAY
!H
Access Point
APN: 21601005H G FENTONPROPERTY COMPANY
APN: 21415019STATE OFCALIFORNIA
APN: 76025209MLG ENTERPRISESRV RENTAL LLC
APN: 76016687WORLD WAVEEXPEDITIONSLLC <DBA THECAMP STORE OF APN: 76016650STATE OFCALIFORNIA
APN: 76016618STATE OF CALIFORNIAPARKS SD COAST DISTRICT
APN: 21614044NEWAGE CARLSBADRESORT LLC
APN: 21614043PONTOINVESTMENTS LLC
APN: 21614043PONTOINVESTMENTS LLC
FIGURE 2VEGETATION AND LAND COVER TYPESI1001000Feet
1:1,200Scale:1 in = 100 feet
LEGEND
Impact Areas
Parcel Boundary
Mitigation (Creation) Area (0.107 acre)Vegetation and Land Cover Types
Eucalyptus Woodland
Baccharis Scrub - Disturbed
Diegan Coastal Sage Scrub
Diegan Coastal Sage Scrub - Disturbed
Non-native Grassland
Ornamental
Disturbed Habitat (Non-native Vegetation)
Developed
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Source: SANDAG 2020 Imagery; SoCal Gas 2023; AECOM 2023; Helix 2014 (Vegetation).
DATE: 10/29/2024
L1026 CARLSBAD HABITAT RESTORATION PLANSOUTHERN CALIFORNIA GAS COMPANY
Item #1 Item #1 43 of 106
!H Access Point
APN: NoneCITY OF CARLSBAD RIGHT-OF-WAY
!H
Access Point
APN: 21601005H G FENTONPROPERTY COMPANY
APN: 21415019STATE OFCALIFORNIA
APN: 76016687WORLD WAVEEXPEDITIONS LLC
APN: 76016650STATE OFCALIFORNIA
APN: 76016618STATE OF CALIFORNIAPARKS SD COAST DISTRICT
APN: 76025209MLG ENTERPRISESRV RENTAL LLC
APN: 21614044NEWAGE CARLSBADRESORT LLC
APN: 21614043PONTOINVESTMENTS LLC
APN: 21614043PONTOINVESTMENTS LLC
FIGURE 3RESTORATION & STABILIZATION AREASI1001000Feet
1:1,200Scale:1 in = 100 feet
LEGEND
Impact Areas
Parcel BoundaryHabitat Restoration Plan - RestorationPermanent Impact Area (0.053 acre)
Mitigation (Creation) Area (0.107 acre) Soil Stabilization Areas (0.695 acre) Reference Area (0.046 acre)
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Source: SANDAG 2020 Imagery; SoCal Gas 2023; AECOM 2023; Helix 2014 (Vegetation).
DATE: 8/19/2024
L1026 CARLSBAD HABITAT RESTORATION PLANSOUTHERN CALIFORNIA GAS COMPANY
Item #1 Item #1 44 of 106
Final Habitat Restoration and Revegetation Plan Page 6
The original restoration plan that was submitted in March 2022 by SoCalGas and approved by the City
incorrectly overestimated the amount of Diegan CSS habitat occurring within the impact area. To assist
with re-creating the vegetation mapped on-site prior to the impact, the City provided SoCal Gas with
previous vegetation mapping from 2014 conducted by Helix (Figure 2), and 2017 conducted by LSA
Associates (also incorporated into Figure 2), along with site photographs from 2017, 2018, and 2020 taken
by the City’s staff biologist (Appendix B). After reviewing these materials and verifying the site conditions
during a field visit, a new vegetation map was prepared and impacts were recalculated.
The overall impact acreage changed from 0.66 acre to 0.695 acre due to truing up mapped impacts based
on Google Earth aerial imagery. Within the affected area, a total of 0.053 acre of Diegan CSS and
0.642 acre of disturbed habitat were impacted. Table 1 summarizes these impacts by vegetation type and
landowner type. Impacts to Diegan CSS will be mitigated at a 2:1 ratio, for a total of 0.107 acre. Impacts
to disturbed habitat do not require mitigation; however, the City requires that these areas be revegetated
to stabilize the soil, which is currently bare. During the 2022/2023 rainy season, a significant amount of
soil washed onto the road; therefore, installation of erosion control best management practices (BMPs)
will also be required.
Table 1. Summary of Impacts
Vegetation Type1
City of Carlsbad
ROW Impact
Acreage
Private Land
Impact
Acreage
Total
Impact
Acreage2
2:1 Mitigation Acreage
Mitigation
(Restoration)
Acreage3
Mitigation
(Creation)
Acreage4
Diegan Coastal Sage
Scrub 0.053 - 0.053 - 0.107
Disturbed Habitat 0.243 0.400 0.642 - -
Diegan Coastal Sage
Scrub - Disturbed - < 0.001 < 0.001 - -
Baccharis Scrub -
Disturbed - < 0.001 < 0.001 - -
Total Acreage5: 0.296 0.400 0.695 - 0.107
1 Diegan coastal sage scrub is the only habitat type that requires mitigation.
2 All impacted acreage will receive a one-time stabilization seeding and erosion control measures.
3 All impacts to Diegan coastal sage scrub are considered permanent impacts; therefore, no mitigation (restoration)
will take place.
4 All mitigation will be mitigation (creation) at a 2:1 ratio, mitigated adjacent to the actual impact area.
5 Totals may not add up exactly due to rounding.
The proposed mitigation (creation) area is identified in Figure 3, and photographs of the creation
component, taken in August 2024, are provided in Appendix C. The proposed creation area is within
disturbed habitat adjacent to Diegan CSS habitat. The area is dominated by iceplant (Carpobrotus edulis),
crown daisy (Glebionis coronaria), fennel (Foeniculum vulgare), and Myoporum species (Myoporum spp.).
Native shrubs within the vicinity include coyote brush (Baccharis pilularis), California buckwheat
(Eriogonum fasciculatum), and black sage (Salvia mellifera). The primary goal of the mitigation plan is to
remove the non-native species in the creation area, and to seed the mitigation area with native Diegan
CSS species to promote new Diegan CSS habitat.
Achievement of the following overall restoration goals will satisfy the restoration requirements identified
by the City:
Item #1 Item #1 45 of 106
Final Habitat Restoration and Revegetation Plan Page 7
⚫ Create 0.107 acre of Diegan CSS within disturbed habitat on-site;
⚫ Revegetate 0.695 acre of impacted Diegan CSS and disturbed habitat areas with a one-time
stabilization seeding, install erosion control BMPs, and implement 3 years of monitoring; and
⚫ Develop and implement a 5-year monitoring, maintenance, and reporting program for the
proposed mitigation area.
The stabilization areas will not be subject to the same monitoring and maintenance requirements as the
mitigation area. The success of these areas will be measured using the criteria outlined in Section 5.3.
2 Environmental Setting
The Project site is in a relatively flat area in Carlsbad approximately 500 feet east of the Pacific Ocean and
is within the Coastal Zone. Most of the existing land surrounding the Project area is vacant, with Ponto
Drive to the north and east, Avenida Encinas to the south, and Carlsbad Blvd to the west. The open space
area to the south supports native vegetation communities, including Diegan CSS.
Multiple Project site surveys were conducted by Rincon biologists to determine the potential for special-
status species and to determine the extent of biological resources within the Project site. A
pre-construction habitat assessment survey was conducted on November 12, 2020, by Rincon biologist
Kelly Rios to document habitat suitability and presence of coastal California gnatcatcher (Polioptila
californica californica; CAGN) within the Project site (Rincon 2020). Two post-construction surveys were
conducted documenting the extent of Project-related impacts to Diegan CSS on February 2, 2021, and
September 28, 2021, by Rincon biologist Robert Thompson and SoCalGas biologist Jason Caskey,
respectively. Note that none of the Rincon surveys were conducted during the peak growing season
(approximately March through May), but rather during the dormant period. Results of the post-
construction surveys are documented in the Post-Construction Biological Report for the SoCalGas eTS
44537 Line 1026 Emergency Repair Project in Carlsbad, California, provided in Appendix D (Rincon 2021).
Additionally, biological monitoring of the Project occurred between November 2020 and March 2021
while emergency repairs were being made.
The single native vegetation community present within the Project area most closely aligns to the Diegan
CSS community in the Holland (1986)/Oberbauer et al. (2008) classification system, and the California
encelia (Encelia californica) – California Sagebrush (Artemisia californica) Association described in
Vegetation Classification Manual for Western San Diego County (Sproul et al. 2011). Relatively high-quality
Diegan CSS habitat is located in the southwest portion between Ponto Drive and Carlsbad Boulevard and
consists of California sagebrush, California encelia, California buckwheat (Eriogonum fasciculatum), and
coyote brush. Lower-quality disturbed habitat occurs in the eastern portion of the Project area and is
dominated by crown daisy and ice plant, and includes a variety of other weeds, such as short-pod mustard
(Hirschfeldia incana), and pampas grass (Cortaderia selloana) and scattered individual coyote brush. The
remaining land cover is developed (containing manmade structures or ornamental vegetation). Appendix
B provides photographs documenting site conditions observed during site surveys.
3 Implementation
The implementation of this Plan is required to comply with conditions established by Planning Commission
Resolution 7445 and the City’s LCP and HMP to mitigate for impacts to Diegan CSS as a result of the
Project. The revisions to the mitigation requirements will be documented through a future Planning
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Commission Hearing, at which time the Commission will consider all restoration plan revisions, including
the schedule, for approval. This Plan was originally scheduled to begin in the fall of 2022 but has not yet
begun due to pending landowner permission from the private landowner. Now that all mitigation will
occur within the City-owned portion of the site, the restoration is now set to begin in early 2024 during
the rainy season, or as soon as feasible, with a phased approach to occur first within the public right-of-
way, and then within the private property once landowner permission is secured. Because there may be
a delay in private landowner permission, the 0.400 acre of stabilization on private property may be
delayed up to 1 year, in which case the implementation would be part of Phase 2 with the schedule
delayed by up to 1 year. If private landowner permission is not obtained within 1 year of implementation
within the public right-of-way, the City and reporting agencies (California Coastal Commission, U.S. Fish
and Wildlife, and California Department of Fish and Wildlife) will discuss alternative options. This Plan and
the amended schedule are subject to review and approval by the City.
All activities herein will be overseen by a qualified Restoration Contractor (AECOM) who will be
responsible for site preparation, installation, and maintenance of the restoration area, which includes the
mitigation area and soil stabilization areas. AECOM has a team of qualified ecologists with extensive
experience in habitat restoration. The goal of the restoration program is for the Project to achieve
required success standards by the end of the 5-year restoration program for the mitigation area and to
stabilize the soil in the remaining impact area.
3.1 Access Routes and Staging
Access and staging for vehicles and equipment, such as light- and heavy-duty pickup trucks, small water
trucks, and a hydromulcher, are anticipated during restoration implementation and maintenance.
Additionally, limited vehicle access will be required periodically during the 5-year restoration monitoring
period.
Vehicle access routes will be limited to existing road boundaries to minimize impacts to any adjacent intact
native vegetation during restoration implementation, maintenance, and monitoring. Further, access
across private property will not occur until landowner permission is secured.
3.2 Site Preparation
AECOM will be responsible for preparation of the mitigation and stabilization areas in advance of seeding.
Site preparation includes the following:
⚫ The work areas will be described and/or delineated in the field.
⚫ Perennial invasive non-native plant species listed as moderate or greater by the California Invasive
Plant Council (Cal-IPC) will be removed in the mitigation area (Cal-IPC 2021).
⚫ If deemed necessary by AECOM based on non-native cover present, the mitigation and
stabilization areas will be mowed prior to seed installation.
⚫ The soil within the mitigation and stabilization areas will be disced to loosen compacted soils.
⚫ Erosion control materials will be installed as necessary to prevent sediment runoff during the seed
installation period.
Special attention will be paid to removal of non-native species such as ice plant and pampas grass in the
Diegan CSS creation area.
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3.2.1 Delineation of the Work Area
The access routes, mitigation areas, and stabilization areas will be clearly marked on a restoration layout
map. As described in Section 3.1, the access routes and staging areas will be situated on existing roads or
developed areas, and no need to further delineate the roads using fencing is anticipated. The mitigation
area will be clearly delineated in the field using temporary fencing, staking, or similar materials. Fencing
signage prohibiting entry to the mitigation and stabilization areas will be erected along the roadway edge
to deter unauthorized access. Any sensitive plant species observed on-site will also be flagged for
avoidance.
3.2.2 Perennial Invasive Weed Removal
Perennial invasive non-native species listed as moderate or greater by the Cal-IPC will be targeted for
removal prior to mowing (Cal-IPC 2021). Invasive non-native species such as ice plant and annuals such as
crown daisy, as well other invasive non-native species observed on-site at the time of preparation, will be
removed using the techniques outlined in Section 4.2.
3.2.3 Mowing
If deemed appropriate, the mitigation and stabilization areas will be mowed prior to seed installation,
preferably within 1 week prior to seeding. The height of the mower blade will be low, approximately 2 to
3 inches above the ground, to reduce as much non-native plant material as possible. Mowing will reduce
biomass that may impede and/or compete with future native growth. As this activity would occur prior to
seed installation, which is outside of CAGN nesting season, and be limited to non-native plant material
within the impact area, impacts to CAGN are not anticipated.
3.2.4 Soil Preparation
Soil compaction can increase surface runoff, reduce water-holding capacity, and increase the potential
seed loss due to wind erosion. Therefore, the soil within the mitigation and stabilization areas will be
prepared for seeding through use of a disc harrow. Soils will be disced to a depth of approximately 4 to
6 inches, to reduce soil compaction for seed germination. The disc harrow will be clean and free of seeds
to help prevent introduction of unwanted plant species. The goal of the discing is to provide a soil
substrate that is loose but still contains some soil clumps. Rocks in the soil are generally beneficial and
should be left in place. If, after decompaction, the resulting soils are powdery, water must be incorporated
into the soil until there is soil cohesion. Care will be taken not to over-water the soil, which could result in
re-compaction. These soil preparation steps will take place within 1 week prior to seed installation.
3.2.5 Erosion Control
Erosion control materials, such as certified seed-free coir straw wattles, will be installed within any areas
within the mitigation or stabilization areas as necessary to prevent soil erosion or in areas where erosion
is already occurring. These materials will be installed at 20-foot intervals on any steep slopes or wherever
necessary to impede soil sedimentation onto the sidewalk or street, and will be placed perpendicular to
the slope gradient. The fiber rolls will be trenched into the soil at a minimum depth of 2 inches. Fiber rolls
will be secured with wooden stakes, placed at 2- to 3-foot intervals. Where more than one fiber roll must
be used at a single elevation, the ends of fiber rolls will be placed in an overlapping manner
(i.e., staggered). Following staking, soil will be pushed against the upslope and downslope sides of the
fiber rolls to further secure them and reduce the potential for breaches during storm events.
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3.3 Seed Installation
Following the site preparation, the mitigation area will be seeded with a Diegan CSS seed mix and
maintained as presented below. The area consisting of disturbed habitat and non-native vegetation will
be revegetated with a one-time stabilization seed mix to prevent erosion and unwanted runoff.
3.3.1 Seed Installation Specifications
At the beginning of seeding, pin flags or flagging tape will be placed at the discretion of AECOM to mark
the locations where seeds will be installed. All seeds will be installed per the specifications below.
Following site preparation, the mitigation areas will be seeded with the seeding palette as presented in
Table 2. This palette is consistent with the species observed within intact, high-quality Diegan CSS within
the Project site. A seeding rate of approximately 35 pounds per acre is recommended to increase likeliness
of full coverage, optimize growth, and preclude invasion by non-native species. The total amount of seed
as well as the abundance of the dominant species relative to other species is outlined in Table 2. Actual
species and amounts of each species installed will be dependent on those species and quantities that are
available at the time of implementation.
Table 2. Mitigation Seed Mix
Scientific Name Common Name
Abundance in
Restoration Palette1
Acmispon glaber deerweed Primary dominant, ~20%
Artemisia californica California sagebrush Primary dominant, ~20%
Baccharis pilularis coyote brush Secondary dominant, ~10%
Calystegia macrostegia coast morning glory -
Deinandra fasciculata clustered tarweed -
Encelia californica bush sunflower -
Eriogonum fasciculatum California buckwheat -
Isocoma menziesii coast goldenbush -
Pseudognaphalium californicum ladies' tobacco -
Salvia mellifera black sage -
Stipa pulchra purple needle grass -
1The non-dominant plant species will be equally represented in the remaining 50%.
Following site preparation, the disturbed stabilization area will be seeded with the seeding palette
provided in Table 3 at a rate of approximately 20 pounds per acre. This mix is intended for soil stabilization
and prevention of erosion issues and does not constitute habitat.
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Table 3. Stabilization Seed Mix
Scientific Name Common Name
Acmispon glaber deerweed
Calystegia macrostegia coast morning glory
Deinandra fasciculata clustered tarweed
Lasthenia californica dwarf goldfields
Layia platyglossa tidy tips
Lupinus bicolor miniature lupine
The seeds will be applied by hand to the mitigation and stabilization sites and will be raked into the soil.
This method will provide for even coverage of seeds within each area and ensure good contact between
seeds and the soil surface. To minimize fugitive dust and prevent loss of seed material, seeding will only
occur during low wind conditions. Immediately following seeding, the mitigation and stabilization sites
will be hydromulched. Hydromulch will consist of long-strand wood fiber, applied at a rate of 1,500 pounds
per acre, along with Ecology Control “M” binder or similar non-toxic binder, applied at a rate of
100 pounds per acre. A vegetative cover consisting of desirable upland plant species is expected to
develop from the installed material with proper management.
3.3.2 Seed Source Material
To preserve the integrity of local gene pools, facilitate adaptation to site-specific conditions, and avoid
inadvertent introduction of inappropriate species or pathogens, plant material used for restoration effort
should be collected from within Carlsbad, preferably from the Project site or suitable habitat surrounding
the Project site. If this is not feasible, seed will be locally sourced and collected from within San Diego
County. Seed will be inspected to ensure that it is weed free, clean, dry, and free of contaminants.
3.3.3 Seeding Schedule
Once the City right-of-way permit has been obtained, seeding will occur in early 2024 during the rainy
season, or as soon as feasible. Ideally, all mitigation and stabilization seeding should be conducted after
the first rains, typically beginning in October/November. This installation timing will take advantage of the
rainy season to maximize the potential for successful germination and establishment of the new seeds. If
installation is proposed during other parts of the year, AECOM will make the determination whether
installation is feasible based on-site conditions at the time. Depending on final CDP/HMP permit
conditions, within 6 weeks of Project installation, AECOM should certify in writing that mitigation
installation has been completed and submit this to the City. The City Planner may also visit the site after
installation.
3.4 120-Day Plant Establishment Period
AECOM will be responsible for successful initial Project installation as determined through a 120-day Plant
Establishment Period (PEP). Consistent with the City’s guidelines, during the 120-day PEP AECOM will
perform the following:
⚫ Regularly maintain seeded areas after installation; and
⚫ Regularly monitor and remove non-native weeds within the seeded areas.
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After seed installation, a minimum of three PEP inspections will be conducted by AECOM. The PEP
inspections will occur at regular 30-day intervals (30 days, 60 days, 90 days, and 120 days) continuing into
the maintenance period (exact dates may shift slightly depending on calendar weekends, holidays, etc.).
Additional inspections may also be required as determined by site conditions. During each inspection,
AECOM will create a list of items requiring remedial actions. Items on the list will be completed prior to
the next inspection. Failure to comply may result in extension of the 120-day PEP.
If the site has been satisfactorily installed (e.g., uniform germination of seeds) and all items have been
addressed, the Project installation may be deemed complete at the end of the 120-day PEP. The period
will be extended if remedial actions are still required, and another site inspection will be scheduled. Upon
completion of the PEP, AECOM and SoCalGas will notify and request sign-off from the City.
4 Maintenance
Mitigation Areas
Diligent, proactive maintenance of the mitigation areas is essential to achieving mitigation objectives and
success criteria. After initial Project installation has been completed and after receiving acceptance of the
120-day PEP, the Long-Term Maintenance Period (LTMP) will commence. AECOM will maintain the site
for a minimum of the 5-year monitoring period or until the mitigation area achieves all final success
criteria, as specified in Section 5.3. If AECOM and the reporting agencies determine that the mitigation
area meets the mandated success criteria within 5 years of implementation, the LTMP will end upon
formal sign-off. If criteria are not met, AECOM will discuss extension of the LTMP with the reporting
agencies.
The vegetation proposed for the re-establishment of the Diegan CSS community within the Project site is
intended to be self-sustaining upon completion of the restoration program (when success criteria have
been met). The establishment and growth of seeded areas will be encouraged by consistent maintenance,
including a weed abatement program and remedial/supplemental seeding, as necessary. Restoration
ecologists will be on-site during all maintenance activities to make sure BMPs are adhered to in order to
avoid unintended impacts to wildlife (particularly CAGN) and native plant species. During the nesting
season, prior to any maintenance activities, the site will be surveyed for active nests no more than 3 days
before the activity is to be initiated, and appropriate buffers will be set up and adhered to as needed.
Furthermore, invasive removal involving equipment will be completed outside of nesting bird season.
Soil Stability Areas
Soil stability areas will be monitored for 3 years to ensure that seedlings are surviving and there is no
significant erosion or sedimentation onto the adjacent sidewalk and roadways. BMPs will be maintained
as needed throughout the 3-year period during the rainy season and new BMPs will be installed as
necessary.
4.1 Schedule
Following acceptance of the PEP and throughout the 5-year maintenance and monitoring period, AECOM
will visit the mitigation sites at least three times per year. At least one visit will be conducted in the spring
during peak vegetative growth, and the remaining two visits will be conducted once each in the fall and
winter (Table 4).
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Table 4. Proposed Schedule
Task Timeline1
Site Implementation Spring 2024
120-day Plant Establishment Period Inspections at 30-, 60-, 90-, and 120-day
intervals post-implementation
Year 1 Monitoring, Maintenance, and
Reporting Period Summer 2024 through Spring 2025
Year 2 Monitoring, Maintenance, and
Reporting Period
Summer 2025 through Spring 2026
Year 3 Monitoring, Maintenance, and
Reporting Period
Summer 2026 through Spring 2027
Year 4 Monitoring, Maintenance, and
Reporting Period
Summer 2027 through Spring 2028
Year 5 Monitoring, Maintenance, and
Reporting Period
Summer 2028 through Spring 2029
1 The timeline will be adjusted as necessary, based on the initial start date.
Maintenance will consist primarily of ongoing weed control to eradicate persistent non-native plants.
Other maintenance activities will be performed on an as-needed basis, including supplemental planting,
pest and rodent control, trash and debris removal, and general site maintenance. The timing and
frequency of maintenance visits will be adhered to as described above. Additional maintenance visits may
be required. Adaptive management strategies will be employed to respond to unforeseen circumstances,
and adjustments to these strategies will be made as needed and as determined by AECOM.
4.2 Weed Control
If weeds are present within mitigation areas, weed removal activities will be conducted during each
maintenance visit. The weed control methods outlined below will be employed unless they are modified
by AECOM. AECOM may perform additional specific techniques based on the success or failure of weed
control efforts. It is critical that native species that become established are not damaged during weed
control activities. All person(s) conducting weed control activities will be trained and knowledgeable in
identifying native and non-native species, particularly invasive weed species.
Invasive non-native perennial species rated as moderate or greater by the Cal-IPC observed during the
maintenance and monitoring period will be targeted for removal (Cal-IPC 2021). Other non-native species
will also be removed as feasible. The level of required weed removal will likely be higher in the first year
and may decrease thereafter as weeds are systematically controlled and native plant cover increases.
AECOM will regularly monitor the mitigation area, and if it is determined that additional weed removal is
required, additional maintenance visits will be scheduled.
During the 5-year maintenance and monitoring period, the removal of non-native vegetation will be
conducted by hand, or by using hand-operated power tools as necessary. All non-native plant materials,
including roots, will be removed and properly disposed of in a manner and a location that prevents their
re-establishment. Weed seeds, pollen, and biomass will be removed at the appropriate time of year to
minimize spread by wind, water, animal, or other means. Whenever possible, invasive species will be
removed by hand or by hand-operated power tools rather than by chemical means. However, for effective
treatment of overly abundant or persistent invasive species, the use of herbicides may be warranted,
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i.e., fennel or ice plant. No pre-emergent herbicides containing chlorinated hydrocarbons (e.g., DDT,
Chlordane, Lindane) or organic phosphates (e.g., Parathon or Paraquat or equivalents) may be used. If
surfactants or spreader stickers are used, they will be restricted to non-ionic chemicals, such as Agri-Dex®
or equivalent.
Herbicide use will be conducted only when weather conditions are conducive to effective uptake of the
herbicide by the targeted species (i.e., dry, and when plants are actively growing) and when wind
conditions are such that herbicide drift is avoided (5 miles per hour or less). Herbicides will not be applied
within a minimum 72 hours of a predicted rain event or when nesting birds could be exposed. A brightly
colored dye will be used in applications. The material will be a nontoxic, water soluble, liquid material
such as Blazon® by Milliken Chemicals or its equivalent. Turfmark® is not an acceptable alternative. The
dye will be mixed with the herbicide at no more than one-half the rate specified on the label (one-quarter
the rate will usually suffice).
All herbicide application will be under the direction of a professional applicator with an Agricultural Pest
Control Adviser License or Qualified Applicator License. All herbicides will be applied in accordance with
state and federal law. All licenses will be issued by the State of California, be registered in San Diego
County, and be of current status. Application of herbicide will be supervised by a certified applicator and
be in conformance with manufacturer's specifications for use. Compounds used will be appropriate to the
target species and habitat (Table 5).
Table 5. Proposed Herbicide and Adjuvant List
Trade Name Common Name EPA Reg. Number Potential Target Species
Roundup
Custom Glyphosate 524-343
ice plant, pampas grass,
mustard, erodium, crown
daisy, star thistle
Polaris Imazapyr 228-534/536 pampas grass, crown daisy
Activator 90 Non-ionic surfactant CA#34704-50034 not applicable
NO Foam A Non-ionic surfactant CA#1050775‐
50015 not applicable
4.3 Irrigation
The installed seeds will primarily rely on natural rainfall; therefore, no irrigation is planned during the
restoration period. However, if severe drought conditions occur and the restoration contractor
determines that irrigating the mitigation area would be beneficial to plant growth and establishment, the
areas may be watered with a water truck and buckets or hose hook-up. The mitigation areas must receive
no supplemental irrigation for 2 consecutive years in order to be self-sustaining and eligible for sign-off.
4.4 Horticultural Treatments
No soil amendments, mycorrhizal fungi treatment, fertilizers, or supplements are proposed, and no
herbivore protection or exclusion fencing is recommended at this time. Native plants will only be pruned
or trimmed as required to allow for safe and efficient site access and execution of maintenance activities.
In general, dead branches will be left on shrubs and trees. The plants will be allowed to create a full and
structurally diverse canopy. To the greatest extent feasible, natural materials such as leaf litter, downed
brush, and logs will be left in place in the mitigation area to provide habitat for wildlife and allow for
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decomposition, which adds nutrients to the soil. Leaf litter and other natural vegetative debris will be left
in place unless they are significantly impeding plant growth and development.
4.5 Erosion Control
AECOM will repair minor erosional issues with hand tools, as needed, in order to adequately maintain the
mitigation and stabilization areas. AECOM will install BMPs as necessary throughout the mitigation and
stabilization areas to avoid unwanted runoff, erosion, and sedimentation. Any BMPs installed in the area
will be inspected and maintained by AECOM to ensure that BMPs are implemented correctly.
4.6 General Site Maintenance
AECOM will remove all trash and other unnatural debris from the mitigation area during regular long-term
maintenance visits and during the PEP. The site will be kept neat, clean, and free of nonvegetative debris
and trash, as well as vegetative waste produced during weeding activities, which will be removed off-site.
4.7 Remedial Seeding
After the initial seeding is complete following the PEP, the mitigation area will be maintained regularly to
facilitate successful plant establishment. AECOM will determine if remedial seeding is necessary by
evaluating the annual performance of the site in relation to the Project success criteria. Remedial seeding
would be conducted in the fall of each year, as needed, to take advantage of natural precipitation patterns
and will follow the seed sourcing guidelines outlined in Section 3.3.
4.8 Pest Control
Limited signs of mammal pests have been observed on-site. Vegetation appears free of insect damage.
Therefore, severe herbivore and/or insect infestations are not expected in the mitigation area and no
herbivore protection or exclusionary fencing is proposed. However, adaptive management strategies will
be employed if infestations are detected during maintenance and monitoring visits. Fencing or caging
plants at the earliest sign of severe damage may be required. No rodenticide will be used to control
rodents. Rodenticide products, even when used properly, can lead to secondary exposure of other wildlife
and can pollute waterways. Severe insect infestation will be treated as necessary to protect the health
and establishment of the installed plants.
5 Monitoring
AECOM will be the representative for SoCalGas and will monitor the restoration program according to the
guidelines set forth in this Restoration and Revegetation Plan during the LTMP. In addition, AECOM will
be responsible for documenting and reporting the progress of the Plan to the agencies as well as making
ongoing recommendations for meeting the required success criteria outlined in Section 5.3. As needed,
AECOM will prescribe remedial measures and develop adaptive management strategies. AECOM will
regularly monitor the mitigation area and annual reports will be submitted to the City. A final report will
be submitted after the mitigation area has met the success criteria, and the City will review the final report
and approve the mitigation if they concur with the results.
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5.1 Monitoring Schedule
During the PEP, AECOM will conduct inspections at regular 30-day intervals: 30 days, 60 days, 90 days,
and 120 days as described in Section 3.4.
Mitigation Areas
Once the PEP is complete, AECOM will inspect the site quarterly each year for 5 years in the mitigation
areas or until Project success criteria are met. Three of the monitoring visits will consist of qualitative
assessments. The fourth visit of each year will consist of the annual quantitative assessment. The
methodologies of qualitative and quantitative assessment are described in Section 5.2.
The monitoring visits will be conducted just prior to or during the maintenance visits, when feasible. Data
will be collected during each visit. Additional monitoring visits may be required if the site is not meeting
success criteria and remedial actions are required.
Soil Stability Areas
Soil stability areas will be monitored for 3 years as needed to ensure that seedlings are surviving and there
is no significant erosion or sedimentation onto the adjacent sidewalk and roadways. BMPs will be
maintained as needed throughout the 3-year period during the rainy season, and new BMPs will be
installed as necessary.
5.2 Monitoring Methods for Mitigation Areas
Site conditions will be assessed relative to the required success criteria outlined in Section 5.3. A minimum
of three qualitative assessments will be conducted each year. Qualitative assessments will be conducted
once in fall, winter, and summer. AECOM may determine more visits are necessary, particularly during
the growing season. One annual quantitative assessment will be conducted each year during the height
of the growing season, i.e., spring.
During the three qualitative monitoring visits, a qualitative assessment of the mitigation area will consist
of an evaluation of the following:
⚫ General ecological conditions
⚫ Site photographs collected from established photo points to document site conditions and assist
in tracking the success of the mitigation program
⚫ Establishment and health of native plants
⚫ Naturally recruiting native plant species
⚫ Presence of non-native weeds and the effectiveness of weed control efforts
⚫ Status and effectiveness of any erosion control BMPs
⚫ Presence of any pest infestations, including rodents and insects
⚫ General site conditions, including the presence of trash, unnatural debris, unauthorized access,
vandalism, theft, etc.
In addition to collecting information for inclusion in annual reports, monitoring visits will enable the
identification of any potential problems or negative trends at the site. Any maintenance activities and/or
other remedial actions will be performed within 2 weeks upon noticing any potential problems. Details of
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qualitative monitoring visits will be shared in the monthly invoice progress reports or during client check-
in meetings.
Quantitative performance monitoring data will be collected within the mitigation area using a modified
relevé method, adapted from the California Native Plant Society (Sawyer et al. 2009; CNPS 2007). The
relevé method is a semi-quantitative method that uses visual estimation techniques to collect data within
a sampling plot (in this case, the entirety of the mitigation area), providing information on the physical
condition of a site, habitat structure, plant cover (assignment of cover classes), and species diversity. The
relevé method often provides a better assessment of habitat condition as compared to point-intercept
transects or quadrats that sample relatively small portions of sites and do not always capture all species
present.
Performance monitoring will include the following:
⚫ Percent cover of native and non-native vegetation within the mitigation area
⚫ Documenting all plant species within the mitigation area
⚫ Documenting areas of new, existing, or potential erosion
⚫ Conducting photographic documentation of the mitigation area
Data will also be collected in adjacent, undisturbed Diegan CSS habitat just outside the Project site to be
used as a reference site. Data will be collected on Fulcrum via handheld electronic devices and uploaded
to a database at the end of each field day. Each year, photographic documentation of the mitigation area
will occur from established photo points.
5.3 Success Criteria
Mitigation success criteria (also referred to as performance criteria) provide a reliable and objective
means of evaluating the success of the mitigation area over time. Performance criteria partially rely on
the establishment of an appropriate reference site. The proposed reference site is described below,
followed by a discussion of the modified performance criteria that account for conditions observed at the
reference site.
5.3.1 Reference Site
An assessment of conditions at a reference site comparable to the pre-impact conditions of the Diegan
CSS being restored will be used to determine the effectiveness of restoration. A stand of intact Diegan CSS
close to and outside of the mitigation area will be used as the reference site, as determined in the field.
The proposed reference site is indicated in Figure 3 and vegetation and species cover data were collected
in October 2023. This data will be used to provide a mature Diegan CSS reference point to evaluate the
performance of the restoration sites.
5.3.2 Success Criteria
Mitigation Area
The performance criteria outlined below will be used to determine the success of the restoration effort.
These criteria are based on the guidelines for Habitat Creation and Restoration (City of Carlsbad 2009), as
established by the City:
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⚫ The vegetation community to be restored is Diegan CSS.
⚫ At least 60 percent native plant cover relative to the reference site, with a minimum of 50 percent
native cover.
⚫ At least 100 percent native species richness relative to the reference site, with a minimum of six
native species on-site.
⚫ Zero percent cover of moderate to high-risk Cal-IPC weed species.
⚫ Any other non-native plant species not to exceed 10 percent absolute cover.
Species richness will be calculated by tabulating the total number of native plant species observed within
the mitigation area and reference site and comparing them.
The mitigation program will be deemed successful by the City and reporting agencies when the restored
Diegan CSS community achieves the performance criteria established above.
To determine whether the restoration is on track for successful completion, the standards in Table 6 will
be used to measure annual progress.
Table 6: Success Standards for 5-Year Mitigation Program
Milestone
Year
Success Standards
Native Plant
Cover
Moderate- to
High-Risk Cal-
IPC Species
Non-native Plant
Cover
Native Species
Richness
Year 1 ≥10% ≤20% cover ≤30% cover ≥3
Year 2 ≥15% ≤15% cover ≤20% cover ≥4
Year 3 ≥20% ≤10% cover ≤10% cover ≥6
Year 4 ≥40% ≤5% cover ≤10% cover ≥6
Year 5 ≥50% 0% cover ≤10% cover ≥6
Soil Stabilization Areas
The performance criteria outlined below will be used to determine the success of the stabilization effort:
⚫ Site has been stabilized for 3 years with no major erosion occurring on-site or sedimentation onto
adjacent roads or sidewalks
⚫ At a minimum, 5 to 10 percent total vegetation cover within stabilized areas
6 Reporting
AECOM will document conditions in the mitigation area during quarterly qualitative inspections and
annual quantitative inspections. To satisfy City reporting requirements, the reporting program described
below has been developed.
Item #1 Item #1 57 of 106
Final Habitat Restoration and Revegetation Plan Page 19
AECOM will prepare an annual monitoring report on behalf of SoCalGas to submit to the City annually
each year of the 5-year program or until the mitigation has been deemed successful and approved by the
City. The annual report will include, at a minimum, documentation of the following:
⚫ Location and extent of mitigation area, including a GIS (geographic information system)-based
map of the mitigation area.
⚫ Seeding installation techniques employed (Year 1 only).
⚫ Re-seeding installation techniques employed, if applicable.
⚫ An overview of the maintenance activities performed during the year, including seeding, weed
control, trash and debris removal, and any erosion control/stabilization efforts.
⚫ A summary of any significant issues that may affect the ultimate success of the mitigation Project,
how those issues are being addressed, and pertinent recommendations/remedial actions
required to meet success criteria.
⚫ A summary of remedial actions taken during the year (if any) and a discussion of any adaptive
management strategies that have been implemented.
⚫ Monitoring methodology.
⚫ Relative percent cover of native and non-native species in the mitigation area and reference site
using the relevé method.
⚫ Species richness in the mitigation area and reference site using the relevé method.
⚫ Photographs from established photo points.
⚫ Summary of success criteria, including a discussion of reference site observations.
⚫ A discussion of the monitoring results in relation to success criteria.
Additional information and data collected during qualitative monitoring visits may be included to provide
greater detail. All annual monitoring reports will be submitted to the City and reporting agencies in digital
format.
7 Adaptive Management and Contingency Measures
Adaptive management and contingency measures will be employed to respond to unforeseen
circumstances, and adjustments to mitigation strategies will be made as needed. Specific time-sensitive
maintenance and Project management activities may be identified based on the results of each
monitoring visit. As part of each annual monitoring report, maintenance and management activities
implemented during the previous year will be described and the results will be evaluated under the
framework of adaptive management. If management and maintenance methods are not successful in
addressing negative environmental stressors identified in qualitative monitoring visits and/or annual
monitoring reports, the methods will be examined and altered to increase the potential for success based
on the best professional judgment and management methods that are shown to be successful based on
scientific research. In some cases, the effectiveness of management and maintenance activities may not
be evident over the course of only 1 year. This will be accounted for in annual monitoring reports through
evaluation of whether management actions are contributing to progress towards the success criteria. In
some cases, it may be necessary to wait for 2 years or more before altering methods as part of an adaptive
management strategy.
There may be unforeseen circumstances that can affect the mitigation project; for example, a fire, flood,
or other natural disaster could have a significantly negative impact on the mitigation area during the
maintenance period. SoCalGas and AECOM will coordinate with the City in the event of any such
unforeseen event, and contingency measures will be developed in coordination with the City.
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Final Habitat Restoration and Revegetation Plan Page 20
Modifications to this Restoration and Revegetation Plan may be required and additional remedial actions
may need to be implemented.
8 Notification of Mitigation Completion
Restoration will be considered complete when the success criteria in Section 5.3 are achieved, as
determined by AECOM and confirmed by the City. If the performance criteria are achieved before the end
of the 5-year mitigation period, SoCalGas may request sign-off and approval of the restoration effort by
the City via documentation in the final monitoring report. This final monitoring report will document an
evaluation of the mitigation effort in achieving the final success criteria. Following receipt of the final
report, the City will be encouraged to conduct a site visit to confirm the completion of the mitigation
effort. The mitigation will only be considered complete when the City provides written verification of
mitigation success, and thereby releases SoCalGas from further maintenance, monitoring, and reporting
obligations.
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Final Habitat Restoration and Revegetation Plan Page 21
9 References
California Invasive Plant Council (Cal-IPC). 2021. The Cal-IPC Inventory. Available at http://www.cal-
ipc.org/plants/inventory/. Accessed December 2021.
California Native Plant Society (CNPS). 2007. Relevé Protocol. CNPS Vegetation Committee. Available at
https://www.cnps.org/plant-science/field-protocols-guidelines. Accessed July 2023.
City of Carlsbad. 2004. Habitat Management Plan for Natural Communities in the City of Carlsbad.
November.
City of Carlsbad. 2009. Guidelines for Habitat Creation and Restoration in Carlsbad.
City of Carlsbad. 2019. Local Coastal Program. Accessed October 10, 2021. Available at
https://www.carlsbadca.gov/home/showpublisheddocument/236/637425974089530000.
City of Carlsbad. 2023. “Habitat Restoration Plan – Southern California Gas Mainline 1026 Pipe Repair.”
June 8, 2023.
Holland, R. F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California.
California Department of Fish and Game, Sacramento, California.
Oberbauer, T., M. Kelly, and J. Buegge. 2008. Draft Vegetation Communities of San Diego County.
Prepared by Robert F. Holland, Ph.D., for the State of California, The Resources Agency,
Department of Fish and Game (October 1986).
Rincon Consultants, Inc. (Rincon). 2020. Pre-Construction Survey and Habitat Assessment Results for the
Coastal California Gnatcatcher (Polioptila californica californica) for the SoCalGas Line 1026
Emergency Repair Project.
Rincon Consultants, Inc. (Rincon). 2021. Post-Construction Biological Report for the SoCalGas eTS 44537
Line 1026 Emergency Repair Project in Carlsbad, California.
Rincon Consultants, Inc. (Rincon). 2022. eTS 44537 Line 1026 Emergency Repair Project Habitat
Restoration and Revegetation Plan. March.
Sawyer, J. O., T. Keeler-Wolf, and J. M. Evens. 2009. A Manual of California Vegetation, Second Edition.
California Native Plant Society, Sacramento, CA. 1300 pp.
Sproul, F., T. Keeler-Wolf, P. Gordon-Reedy, J. Dunn, A. Klein, and K. Harper. 2011. Vegetation
Classification Manual for Western San Diego County. February.
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Item #1 Item #1 61 of 106
Final Habitat Restoration and Revegetation Plan Appendix
Appendix A.
“Habitat Restoration Plan –
Southern California Gas Mainline
1026 Pipe Repair” Letter from the
City of Carlsbad
Item #1 Item #1 62 of 106
Item #1 Item #1 63 of 106
Junes, 2023
C City Of
Carlsbad
James Chuang
Principal Environmental Specialist
Environmental Services
Southern California Gas Company
555 West 5th St.
Los Angeles, CA 90013-1013
Habitat Restoration Plan - Southern California Gas Mainline 1026 Pipe Repair
Dear Mr. Chuang:
Thank you for your continued help in initiating the restoration of habitat in the Ponto area. Restoration is
necessary because emergency repairs along 1,000-feet of gas mainline in 2020-2021 removed vegetation,
including Diegan Coastal Sage Scrub. As a sensitive, native plant, its removal is subject to mitigation
according to the city's Habitat Management Plan. Repairs and vegetation removal occurred both on public
right of way and private property.
On April 6, 2022, the Planning Commission approved Coastal Development Permit CDP 2021-0035 and
Habitat Management Plan Permit HMP 2021-0005. These permits permanently authorized the completed
emergency improvements.
Planning Commission Resolution 7445 (attached) approved CDP 2021-0035 and HMP 2021-0005 with
conditions. Condition 6 states the following:
To ensure no net loss of habitat in the Coastal Zone, Developer shall implement or cause
to be implemented the onsite restoration of the Diegan Coastal Sage Scrub (CSS)
temporarily removed by the project in accordance with a habitat restoration plan first
approved by the city. The focus of restoration efforts will involve restoring 0.66 acre of
Diegan CSS onsite and consistent with the city's Guidelines for Habitat Creation and
Restoration dated July 20, 2009. Specifically, the purpose of the habitat restoration plan
will be to describe the current condition of the restoration site, implementation plan,
planting specifications, maintenance activities, monitoring methods, success criteria, and
reporting program required to facilitate a successful on-site restoration program to
comply with city restoration requirements. An annual monitoring report on the
restoration shall be submitted to the city each year for five years or until the restoration
has been deemed successful and approved by the city. Restoration shall occur by fall 2022
(the beginning of the rainy season), subject to city review and approval.
Condition 6 requires restoration of the CSS by fall 2022. This has yet to occur because Southern California
Gas Company needs to obtain property owner permission to complete a portion of the restoration.
Obtaining this approval is necessary as the property is under new ownership. As of April 2023, you have
agreed to keep the city informed of progress toward this and other project efforts and have noted you
are working with a restoration biologist to consider implementing the restoration plan in phases. This
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600 Item #1 Item #1 64 of 106
would enable restoration to occur first within the public right-of-way and then include the private
property once landowner permission is secured.
Since the Planning Commission's 2022 approval, the city has learned the amount of removed CSS habitat
identified as the pre-existing condition (0.66 acre) is likely incorrect and overestimated. It appears that a
smaller amount of habitat was present within the impact area, and the remainder of the impact area was
previously disturbed (i.e., consisting of weedy, non-native species). This conclusion was based on a review
of vegetation mapping conducted by qualified biologists in 2014 and 2017, pre-2021 aerial maps, and site
photos from 2017-2019 taken by city staff. With the availability of more accurate data and corresponding
reduced impacts and mitigation, an amendment to project permits is likely warranted, as explained below.
Southern California Gas Company has an obligation to comply with conditions of approval as contained in
Resolution 7445. Fulfillment of conditions ensures requirements are met and the project is completed as
approved. Although these conditions identify specific requirements, the conditions can be amended to
include new and updated information and still accomplish project goals. To that end, we recommend the
following steps to ensure restoration in a timely fashion:
• Revise habitat restoration plan that correctly identifies pre-existing vegetation types and acreages
disturbed. In the plan, please provide a project history, including why habitat was incorrectly
mapped and a project timeline showing project initiation and completion dates. The plan should
also include a rationale for the revised mapping, such as photographs, aerial map, and/or prior
vegetation mapping conducted by a qualified biologist.
• The plant palette should be revised to distinguish the CSS restoration area (i.e., mitigation) versus
the non-mitigation revegetated disturbed area. The revegetated disturbed area may include
native species and/or non-invasive, non-native species that would hold the soil in place without
constituting "habitat."
• Submit the restoration plan for city review and approval by July 31, 2023.
• Complete site preparation and installation by fall 2023 - winter 2024, and continue with
maintenance, monitoring and reporting until final success criteria have been met.
City staff believe a revised restoration plan requires amendments to CDP 2020-0035 and HMP 2021-0005.
This is because of the revised timeline and reduction in calculated habitat impacts and acres of proposed
mitigation (at a 2:1 ratio, as required in the coastal zone). Amendments could be processed as minor
amendments to the approved permits, requiring City Planner approval of a consistency determination, or
as major amendments, requiring Planning Commission approval at a noticed public hearing. The latter
may be appropriate considering public interest in the Ponto area and activity that occurs there. Submitting
the restoration plan to the city no later than July 31, 2023, should enable us to make the determination
as to the appropriate amendment and schedule the item for a Planning Commission hearing, if necessary.
This timeline should also permit SoCal Gas to complete site preparation and installation by fall 2023 -
winter 2024.
We appreciate you keeping us informed of the restoration plan's progress. If you would like to discuss
this letter or have any questions, please contact Scott Donnell, Senior Planner, at
scott.donnell@carlsbadca.gov or (442) 339-2618.
Sincerely,
ERIC LARDY
City Planner
Rosanne Humphrey, Senior Program Manager, Habitat Management Division
Shay Glass, Engineering Technician II
Attachment: Planning Commission Resolution 7445
Item #1 Item #1 65 of 106
PLANNING COMMISSIOhM RESOLUTION NO. 7445
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
AND A HABITAT MANAGEMENT PLAN PERMIT FOR THE REPAIR OF A
SEGMENT OF A SOUTHERN CALIFORNIA GAS COMPANY MAINLINE PIPE
1026 GENERALLY LOCATED NORTH OF AVENIDA ENCINAS AND EAST OF
CARLSBAD BOULEVARD AND BISECTING PONTO DRIVE IN LOCAL
FACILITIES MANAGEMENT ZONE 9.
CASE NAME: SOUTHERN CALIFORNIA GAS COMPANY MAINLINE
PIPE REPAIR
CASE NO: CDP 2021-0035 and HMP 2021-0005 (DEV 2020-
0283)
WHEREAS, Southern California Gas Company, "Developer," has filed a verified application with
the City of Carlsbad regarding an emergency repair to a portion of Mainline 1026, a gas pipeline located
in the Ponto area and extending from near the intersection of Carlsbad Boulevard and Avenida Encinas to
approximately 1,000 feet north where Ponto Drive turns ninety degrees west; the subject portion of
Mainline 1026 bisects Ponto Drive, is in the public right of way, and is alongside property identified by
Assessor's Parcel Number 216-140-43 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development Permit (CDP
2021-0035) and Habitat Management Plan Permit (HMP 2021-0005) as shown on Exhibits "A" through
"H" dated April 6, 2022, attached hereto and on file in the Carlsbad Planning Division, "CDP 2021-0035
and HMP 2021-0005 - SOUTHERN CALIFORNIA GAS COMPANY MAINLINE PIPE REPAIR", as provided in
Chapter 21.201 and Chapter 21.210 of the Carlsbad Municipal Code; and
WHERAS, CDP 2021-0035 is required as a condition of approval of CDP 2020-0049, an emergency
coastal development permit issued by the city planner on November 19, 2020, to approve the repair of a
gas leak on the portion of Mainline 1026 in the area identified as the Property above; as part of CDP 2020-
0049, the city planner found that repair of the gas leak required action more quickly than permitted by
the procedures for minor coastal development permits or for regular permits; and
WHEREAS, the issuance of the emergency CDP 2020-0049 and requirement for the follow up,
regular CDP 2021-0035, which permanently authorizes the emergency work completed, were done
according to Carlsbad Municipal Code Section 21.201.190, Emergency Coastal Development Permits; and
Item #1 Item #1 66 of 106
WHEREAS, the City of Carlsbad has received authorization to issue permits to impact various
sensitive species and habitats, including species listed as Threatened or Endangered, by virtue of
Incidental Take Permit No. TE022606-0 from the U.S. Fish and Wildlife Service and Natural Community
Conservation Planning Permit No. 2835-2004-001-05; and
WHEREAS, the authority stated above is based on a plan titled Habitat Management Plan for
Natural Communities in the City of Carlsbad, Final Approval November 9, 2004, referred to as the HMP,
and approval of all projects is contingent on a finding of consistency with the HMP; and
WHEREAS, the Planning Division studied the Coastal Development Permit and Habitat
Management Plan application and performed the necessary investigations to determine if the project
qualified for an exemption from further environmental review under the California Environmental Quality
Act, (CEQA, Public Resources Code section 21000 et. seq.), and its implementing regulations (the State
CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq. After
consideration of all evidence presented, and studies and investigations made by the city planner and on
his behalf, the city planner determined that the project was categorically exempt from further
environmental review pursuant to State CEQA Guidelines Section 15302 (c), replacement or
reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity,
because the project involves no expansion of the utility system's capacity and instead replaces habitat
temporarily disturbed as part of emergency repairs; and
WHEREAS, on February 3, 2022, the city distributed a notice of intended decision to adopt the
"replacement or reconstruction" exemption. The notice was circulated for a 10-day period, which began
on February 3, 2022 and ended on February 13, 2022. The city did not receive any comment letters on
the CEQA findings and determination. The effective date and order of the city planner CEQA
determination was February 13, 2022; and
WHEREAS, the Planning Commission did, on the 6th of April 2022, hold a duly noticed public
hearing as prescribed by law to consider said request;
PC RESO NO. 7445 -2-
Item #1 Item #1 67 of 106
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, said Commission considered all factors relating to the Coastal
Development Permit and Habitat Management Plan Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad,
as follows:
A) That the above recitations are true and correct.
B) That the SOUTHERN CALIFORNIA GAS COMPANY MAINLINE PIPE REPAIR project is
consistent with Coastal Development Permit regulations, standards governing
development in the Coastal Zone, and the HMP as described in the following findings.
C) That based on the evidence presented at the public hearing, the Commission APPROVES
COASTAL DEVELOPMENT PERMIT CDP 2021-0035 AND HABITAT MANAGEMENT PLAN
PERMIT HMP 2021-0005 - SOUTHERN CALIFORNIA GAS COMPANY MAINLINE PIPE
REPAIR, based on the following findings and subject to the following conditions:
Findings:
Coastal Development Permit
1. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that removal of native habitat to enable the emergency repair will be
mitigated through on-site restoration, ensuring no net loss of habitat in the Coastal Zone and
that the emergency repair does not conflict with Local Coastal Program objectives regarding
agriculture, steep slopes or coastal views.
2. The proposal is In conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act In that the subject property does not provide public access to the beach or recreation
facilities and thus does not negatively impact such public access or recreation.
Habitat Management Plan Permit
3. That the project area is shown in Figure 28 of the approved HMP as "development area."
4. That authorization to impact sensitive habitats is subject to continuous compliance with all
provisions of the Habitat Management Plan for Natural Communities in the City of Carlsbad
(HMP), the Citywide Incidental Take Permit issued for the HMP, the Implementing Agreement,
the Terms and Conditions of the Incidental Take Permit, and the Biological Opinion In that project
impacts to native habitat (0.66 acre of Diegan Coastal Sage Scrub) are considered temporary as
all habitat removed by the project will be replaced according to a restoration plan, ensuring no
net loss of habitat in the Coastal Zone, which is consistent with Policy 7-8 of the Habitat
Management Plan.
5. That authorization to impact sensitive habitats is subject to continuous compliance with the
provisions of Volumes I, II and III ,of the Multiple Habitat Conservation Program and the Final
PC RESO NO. 7445 -3-
Item #1 Item #1 68 of 106
Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered
Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area
(SCH No. 93121073).
6. That all impacts to habitat and all take of species will be incidental to otherwise lawful activities
related to construction and operation of the mainline pipe repair project, which was necessary
to fix a gas leak and enable safe and continued operation of an essential public service.
7. That the project design as approved by the City of Carlsbad has avoided and minimized impacts
to wildlife habitat and species of concern to the maximum extent practicable in that project
impacts to 0.66 acre of Diegan Coastal Sage Scrub are considered temporary because the area
disturbed will be restored at a 1:1 ratio, resulting in no loss of habitat. As conditioned,
Developer will submit a restoration plan for approval by the City prior to its implementation.
The restoration plan will detail planting specifications, maintenance activities, monitoring
methods, success criteria, and contingency actions to ensure a successful on-site restoration
program.
8. That the authorization to impact sensitive habitats as a result of the project will not appreciably
reduce the likelihood of survival and recovery of the species in the wild due to compliance with
all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife
agencies and the public, The Diegan Coastal Sage Scrub impacted by the emergency repair
project is not within or adjacent to a hardline preserve or standards area and will be fully
replaced according to a restoration plan, ensuring no net loss of habitat in the Coastal Zone.
9. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
General
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to permit issuance.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the city shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the city's approval of this Coastal Development Permit
and Habitat Management Plan Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Coastal Development Permit and Habitat Management Plan Permit
documents, as necessary to make them internally consistent and in conformity with the final
action on the project. Development shall occur substantially as shown on the approved Exhibits.
PC RESO NO. 7445 -4-
Item #1 Item #1 69 of 106
Any proposed development, different from this approval, shall require an amendment to this
approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly,
from (a) city's approval and issuance of this Coastal Development Permit and Habitat
Management Plan Permit, (b) city's approval or Issuance of any permit or action, whether
discretionary or nondiscretionary, In connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including
Without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until all legal
proceedings have been concluded and continues even if the city's approval is not validated.
5. As a condition of this approval, applicant must comply with the requirements of all regulatory
agencies having jurisdiction over the project and any mitigation requirements as specified herein
for the project.
6. To ensure no net loss of habitat in the Coastal Zone, Developer shall implement or cause to be
Implemented the onsite restoration of the Diegan Coastal Sage Scrub (CSS) temporarily
removed by the project in accordance with a habitat restoration plan first approved by the city.
The focus of restoration efforts will involve restoring 0.66 acre of Diegan CSS onsite and
consistent with the city's Guidelines for Habitat Creation and Restoration dated July 20, 2009.
Specifically, the purpose of the habitat restoration plan will be to describe the current condition
of the restoration site, implementation plan, planting specifications, maintenance activities,
monitoring methods, success criteria, and reporting program required to facilitate a successful
on-site restoration program to comply with City restoration requirements. An annual
monitoring report on the restoration shall be submitted to the city each year for five years or
until the restoration has been deemed successful and approved by the city. Restoration shall
occur by fall 2022 (the beginning of the rainy season), subject to city review and approval.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's
decision, Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
NOTICE TO APPLICANT
The project site is within the appealable area of the California Coastal Commission. This Coastal
Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without
a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the
city's notice of the CDP issuance ("Notice of Final Action"). The filing of a valid appeal with the Coastal
PC RESO NO.7445 -5-
Item #1 Item #1 70 of 106
Commission within such time limit shall stay the effective date of this CDP until such time as a final decision
on the appeal is reached by the Coastal Commission.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactlons."
You have 90 days from date of final approval to protest imposition of these fees/exactlons. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City
of Carlsbad, California, held on April 6,2022, by the following vote, to wit:
AYES: Commissioners Lafferty, Luna, Kamenjarin, Meenes, Merz, Sabellico, and Stine
NOES:
ABSENT:
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7445 -6-
Item #1 Item #1 71 of 106
^Cityof
Carlsbad
1635 Faraday Ave.
Carlsbad, CA 92008
Hasler first-class mail
06/13/2023 ESM&gi3$OOO.84s
2!P 92008
-''l 1D1 26u43’;
6T ^Z)
Southern California Gas Company
Environmental Services
Attn: James Chuang
555 West 5th St.
..Los Angeles, CA 90013-1013
Item #1 Item #1 72 of 106
Item #1 Item #1 73 of 106
Final Habitat Restoration and Revegetation Plan Appendix
Appendix B.
Site Photographs
Item #1 Item #1 74 of 106
Item #1 Item #1 75 of 106
Appendix B: Site Photographs
Pre-Construction Photos Taken on November 12, 2020 by Rincon B-1
Photograph 1. View of south portion of study area from Avenida Encinas. Aspect north.
Photograph 2. View of CSS from Ponto Drive. Note: iceplant present in foreground. Aspect east.
Item #1 Item #1 76 of 106
Appendix B: Site Photographs
Pre-Construction Photos Taken on November 12, 2020 by Rincon B-2
Photograph 3. View of study area along Carlsbad Blvd. Aspect south.
Photograph 4. View into disturbed area in the northern portion of study area.
Aspect north.
Item #1 Item #1 77 of 106
Appendix B: Site Photographs
Post-Construction Photos Taken on September 28, 2021 by Rincon B-3
Photograph 1. Post-disturbance photo from south of Ponto Drive. Aspect south.
Photograph 2. Post-disturbance photo from south of Ponto Drive. Aspect north.
Item #1 Item #1 78 of 106
Appendix B: Site Photographs
Post-Construction Photos Taken on September 28, 2021 by Rincon B-4
Photograph 3. View of fenced-in portion of Study Area along Ponto Drive. Aspect north.
Photograph 4. View into disturbed area north of Ponto Drive. Aspect north.
Item #1 Item #1 79 of 106
Appendix B: Site Photographs
Pre-Construction Photos Taken on March 10, 2017 taken by LSA Associates B-5
Item #1 Item #1 80 of 106
Appendix B: Site Photographs
Pre-Construction Photos Taken on March 10, 2017 taken by LSA Associates B-6
Item #1 Item #1 81 of 106
Appendix B: Site Photographs
Pre-Construction Photos Taken on March 10, 2017 taken by LSA Associates B-7
Item #1 Item #1 82 of 106
Appendix B: Site Photographs
Pre-Construction Photos Taken on March 21, 2018 B-8
Item #1 Item #1 83 of 106
Appendix B: Site Photographs
Pre-Construction Photos Taken on March 21, 2018 B-9
Item #1 Item #1 84 of 106
Item #1 Item #1 85 of 106
Final Habitat Restoration and Revegetation Plan Appendix
Appendix C.
Mitigation Site Photographs
Item #1 Item #1 86 of 106
Item #1 Item #1 87 of 106
Appendix C: Mitigation Site Photographs
Taken by AECOM on August 14, 2024 C-1
Photograph 1.
Photograph 2.
Item #1 Item #1 88 of 106
Final Habitat Restoration and Revegetation Plan Appendix
Appendix D.
Post-Construction Biological Report
for SoCalGas (October 15, 2021)
Item #1 Item #1 89 of 106
Item #1 Item #1 90 of 106
Rincon Consultants, Inc.
180 N. Ashwood Ave.
Ventura, California 93001
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E n v i r o n m e n t a l S c i e n t i s t s P l a n n e r s E n g i n e e r s
October 15, 2021
Project No: 20-10650
James Chuang
Senior Environmental Specialist
Southern California Gas Company (SoCalGas)
Via email: WCChuang@socalgas.com
Subject: Post-Construction Biological Report for the SoCalGas eTS 44537 Line 1026 Emergency
Repair Project in Carlsbad, California
Dear Mr. Chuang:
This report has been prepared by Rincon Consultants, Inc. (Rincon) for the Southern California Gas
Company (SoCalGas) to document the results of impacts to biological resources following ground-
disturbance activities for the eTS 44537 Line 1026 Emergency Repair Project (Project) in Carlsbad,
California. Specifically, this report provides information regarding impacts to native habitat protected by
the City of Carlsbad’s (City) Local Coastal Program (LCP). This report was prepared per the request of the
City’s Planning Division to support the application for a Coastal Development Permit (CDP) and
addresses items included in the 1st Review for CDP 2021-0035 (DEV2020-0283) – Southern California Gas
Mainline 1026 Pipe Repair letter from the City dated August 12, 2021 (letter). The report is intended to
fulfill Environmental Management 1 of the letter.
Project Description and Location
The Project involved emergency pipeline repairs on SoCalGas Line 1026 (Attachment 1, Figure 1). On
November 10, 2020, while conducting a routine replacement of a 12-inch mainline valve and installing
pressure control fittings to isolate the mainline, a leak was discovered on Line 1026 and required the
construction team to excavate further south along the pipeline to find suitable pipe in which to
transition fittings. Vegetation trimming and clearing occurred in November and December 2020 to allow
work area access and staging. Project activities began in November 2020 and concluded in March 2021.
The Project site is defined as areas where work took place, including any excavations, materials staging,
and laydown locations. The Study Area includes the Project site plus a 300-foot buffer (Attachment 1,
Figure 1).
The Project site is located in the City of Carlsbad, west of Interstate Highway 5 and east of Carlsbad
Boulevard, and is located within the Coastal Zone. The approximate center of the Project site is at
latitude 33.097737°N and longitude -117.313815 °W (WGS84). The Public Land Survey System depicts
the Project site within Township 12S, Range 4W, Section 28, San Bernardino Meridian. Elevations within
the Study Area range from 50 to 75 feet (15.8 to 21.3 meters [m]) above mean sea level (msl).
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Line 1026 Carlsbad Emergency Repair Project
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Methods
Biologists conducted two post-disturbance surveys of Project-related impacts to vegetation within the
Study Area. The first survey was conducted on February 2, 2021 by Rincon biologist Robert Thompson,
and the second survey was conducted on September 28, 2021 by SoCalGas biologist and contractor
Jason Caskey. The purpose of the surveys was to document vegetation types and areas affected by the
Project. A Garmin handheld GPS unit was used to map the extent of vegetation removal. The condition
of on-site vegetation prior to ground disturbance was based off previous field notes, construction
monitoring forms, observations, surrounding vegetation types, and the Pre-Construction Survey and
Habitat Assessment Results for the Coastal California Gnatcatcher (Rincon 2020).
It is important to note that a significant portion of the Study Area was fenced off prior to the September
28th site visit (Attachment 1; Figure 2) and inaccessible. As a result, the biologist was unable to assess
the conditions at this location in the field. Rather, any mapped features at this location were gathered
from the first post-disturbance assessment on February 2nd, 2021 and existing Habitat Assessment
report (Rincon 2020).
Site Conditions
One vegetation community and two land cover types are present within the Study Area. The vegetation
community present was mapped in accordance with the Holland classification system (Holland 1986)
and most closely aligns to the Diegan coastal sage scrub (CSS) community. Diegan coastal sage scrub is
dominated by California sagebrush (Artemisia californica) and chamise (Adenostoma fasciculatum). The
Diegan coastal sage scrub vegetation community within the Study Area provides suitable habitat for the
federally threatened coastal California gnatcatcher (CAGN; Polioptila californica californica). Multiple
CAGN were observed occupying the Diegan CSS community during pre-construction surveys, active
construction, and post-construction site assessments. Figure 3 (Attachment 1) displays locations of
CAGN observed throughout the course of the Project.
The remaining land cover is classified as developed (containing manmade structures or ornamental
vegetation) or disturbed (consisting of dirt access roads or ruderal vegetation). Existing access roads
traversed the Study Area and were present prior to Project activities; these are displayed in Figure 1
(Attachment 1). As previously mentioned, a significant portion of the Study Area was fenced off as of the
September 28 site visit; this fencing is not related to SoCalGas nor the L1026 Project and its origins are
currently unknown. Vegetation species observed within the developed/disturbed land cover type
include ice plant (Carpobrotus edulis), shortpod mustard (Hirschfeldia incana), pampas grass (Cortaderia
selloana), Mediterranean grass (Schismus barbatus), and nonnative bromes (Bromus sp.). A map of
vegetation communities and land cover types is provided in Figure 1 (Attachment 1).
Project Impacts
Project activities occurred within areas of CAGN-occupied Diegan CSS and disturbed areas containing
ruderal vegetation. Project-related activities led to the temporary removal of approximately 46,609
square feet (1.07 acres) of vegetation in total; no permanent impacts to vegetation were incurred from
the Project. Approximately 28,749 square feet (0.66- acre) consisted of native Diegan CSS habitat. Areas
previously occupied by access roads are not considered part of the Diegan CSS habitat. The largest area
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Line 1026 Carlsbad Emergency Repair Project
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of impact is located south of Ponto Drive near the southern tie in (Attachment 1; Figure 2). The
vegetation in this area was trimmed to ground level and then covered with spoils from trench
excavation. Additionally, the soil in this area was highly compacted from construction activities.
Vegetation was also completely removed in the area north of Ponto Drive. Impacts to the Diegan CSS
vegetation community and disturbed land cover types are summarized in Table 1Table 1 below.
No direct impacts to CAGN occurred as a result of Project implementation; however, approximately 0.66
acre of CAGN-occupied habitat was temporarily removed to allow for emergency activities to take place.
No other special status species were disturbed as a result of Project activities. Measures are discussed
below to mitigate for impacts to removed habitat.
Table 1 Vegetation and Land Cover Type Impacts
Vegetation Community/Land Cover Type
Impacts to Vegetation
(square feet/acres)
Proportion of
Total Impact Area
Diegan coastal sage scrub 28,749 / 0.66 61.7%
Developed/Disturbed 17,859 / 0.41 38.3%
Total 46,608 / 1.07 100%
Discussion and Recommendations
Following the completion of Project activities in March 2021, areas previously occupied by vegetation
were hydroseeded with a native seed mix. However, the Diegan CSS community will likely take longer
than a year to recover with passive restoration techniques as the vegetation was trimmed to the ground
and the soil highly compacted. The City’s LCP, pursuant to policy 7-8 of the Carlsbad Habitat
Management Plan, states that there shall be no net loss of habitat within the Coastal Zone (City of
Carlsbad 2019). As noted in an email correspondence between the City and SoCalGas dated September
30, 2021, temporary impacts to CSS habitat incurred from Project activities should be mitigated at a 1:1
ratio via site restoration. To fulfill this requirement, SoCalGas proposes on-site restoration of Diegan CSS
at a 1:1 ratio for areas where this habitat type was impacted. SoCalGas will submit a restoration plan for
approval by the City prior to plan implementation. The restoration plan will include, at minimum, a
restoration implementation plan, planting specifications, maintenance activities, monitoring methods,
success criteria, and contingency actions to ensure a successful on-site restoration program.
Item #1 Item #1 93 of 106
Southern California Gas Company
Line 1026 Carlsbad Emergency Repair Project
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Thank you for the opportunity to submit this post-construction report. If you have any questions
concerning the contents of this report, please contact Lisa Zumwalde by telephone at (562) 822-9776, or
by email at lzumwalde@rinconconsultants.com.
Sincerely,
Rincon Consultants, Inc.
Lisa Zumwalde Christopher Julian
Biologist/Project Manager Principal/Senior Regulatory Specialist
Attachments
Attachment 1 Figures
Attachment 2 Representative Photographs
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Southern California Gas Company
Line 1026 Carlsbad Emergency Repair Project
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References
City of Carlsbad. 2019. Local Coastal Program. Accessed October 10, 2021. Available at:
https://www.carlsbadca.gov/home/showpublisheddocument/236/637425974089530000
Rincon Consultants, Inc. 2020. Pre-Construction Survey and Habitat Assessment Results for the Coastal
California Gnatcatcher (Polioptila californica californica) for the SoCalGas Line 1026 Emergency
Repair Project.
Robert F. Holland. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California.
Accessed October 10, 2021. Available at:
https://www.calipc.org/docs/ip/inventory/pdf/HollandReport.pdf
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Attachment 1
Figures
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Item #1 Item #1 98 of 106
Southern California GasCompany
Line 1026 Carlsbad Emergency Repair Project
Page 1-1
Figure 1 Pre-Existing Conditions within the Study Area
Item #1 Item #1 99 of 106
Southern California Gas Company
Line 1026 Carlsbad Emergency Repair Project
Page 1-2
Figure 2 Project Impacts
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Southern California Gas Company
Line 1026 Carlsbad Emergency Repair Project
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Figure 3 Observations of CAGN
Item #1 Item #1 101 of 106
Item #1 Item #1 102 of 106
From:Rosanne Humphrey
To:Scott Donnell; Chuang, Wan-Che; Chen, Rachel
Subject:FW: Wildlife Agencies concurrence / RE: SoCal Gas restoration plan revision
Date:Monday, September 16, 2024 8:52:21 AM
Attachments:image003.png
image004.gif
image005.jpg
We now have approval of the changes to the restoration plan from all 3 agencies so we are
good to go (complete revisions and move forward with review schedule).
Thanks everyone!
Rosanne
Environmental Sustainability
Rosanne Humphrey
Senior Program Manager
Habitat Management Division
1635 Faraday Ave.
Carlsbad, CA 92008
office: 442-339-2729
cell: 760-814-4927
From: Jander, Chelsea@Coastal <chelsea.jander@coastal.ca.gov>
Sent: Friday, September 13, 2024 1:20 PM
To: Kalinowski, Alison (Ali)@Wildlife <Alison.Kalinowski@Wildlife.ca.gov>; Rosanne Humphrey
<Rosanne.Humphrey@carlsbadca.gov>
Cc: Burlaza, Melanie@Wildlife <Melanie.Burlaza@Wildlife.ca.gov>; Zoutendyk, David
<david_zoutendyk@fws.gov>
Subject: RE: Wildlife Agencies concurrence / RE: SoCal Gas restoration plan revision
Hi Rosanne,
Thanks for your patience as we work through our process. Our technical staff have reviewed and the
relocation is fine. We have no further comments at this time.
Let us know if you need anything else.
Chelsea Jander
Coastal Program Analyst
California Coastal Commission
7575 Metropolitan Drive, Suite 103, San Diego, 92108
chelsea.jander@coastal.ca.gov
Exhibit 9
Item #1 Item #1 103 of 106
The Commission remains open for business. The best way to contact me is by email. In addition to the
regular means of mailing documents as required by the regulations or statute, please send a copy of all
correspondence or other documents electronically via email.
From: Kalinowski, Alison (Ali)@Wildlife <Alison.Kalinowski@Wildlife.ca.gov>
Sent: Tuesday, September 10, 2024 1:53 PM
To: Rosanne Humphrey <Rosanne.Humphrey@carlsbadca.gov>; Jander, Chelsea@Coastal
<chelsea.jander@coastal.ca.gov>
Cc: Burlaza, Melanie@Wildlife <Melanie.Burlaza@Wildlife.ca.gov>; Zoutendyk, David
<david_zoutendyk@fws.gov>
Subject: Wildlife Agencies concurrence / RE: SoCal Gas restoration plan revision
Hi Rosanne,
The Wildlife Agencies concur with the proposed revisions to the SoCal GasFinal L1026 Emergency Repair Habitat Restoration and Revegetation Plan, as
described in the City’s Memorandum, dated August 19, 2024.
Thanks,
Ali
Alison (Ali) Kalinowski (she/her)
Environmental ScientistNatural Community Conservation Planning
CA Department of Fish and Wildlife3883 Ruffin Road, San Diego, CA 92123
Alison.Kalinowski@wildlife.ca.gov
From: Rosanne Humphrey
Sent: Wednesday, August 21, 2024 3:48 PM
To: Alison Kalinowski <Alison.Kalinowski@Wildlife.ca.gov>; Melanie Burlaza
<MelanieAnne.Burlaza@Wildlife.ca.gov>; David Zoutendyk <david_zoutendyk@fws.gov>; Chelsea
Jander <chelsea.jander@coastal.ca.gov>; Carney, Kaitlin@Coastal <kaitlin.carney@coastal.ca.gov>
Cc: Scott Donnell <Scott.Donnell@carlsbadca.gov>
Subject: SoCal Gas restoration plan revision
Hi everyone,
Thank you for your comments and questions today.
Here is a copy of the current approved restoration plan (mitigation plan) for the SoCal Gas
Item #1 Item #1 104 of 106
emergency restoration project, and a copy of the memo that explains the revision we are
requesting to make.
We are hoping to receive your concurrence as soon as possible via email so that we can stay
on track and get this implemented before the end of the next rainy season. If we miss that, we
will lose another season. Please feel free to reach out with any questions.
Thank you!!
Rosanne
Rosanne Humphrey
Senior Program Manager
Habitat Management Division
office: 442-339-2729
cell: 760-814-4927
CAUTION: Do not open attachments or click on links unless you recognize the sender and
know the content is safe.
CAUTION: Do not open attachments or click on links unless you recognize the sender and
know the content is safe.
Item #1 Item #1 105 of 106
Exhibit 10
Sept. 5, 2024, Council Memorandum on SANDAG Batiquitos Lagoon
Double Tracking Project
(On file in the Office of the City Clerk )
Item #1 Item #1 106 of 106
SoCalGas Mainline Pipe Repair
Amendment to CDP 2021-0035 & HMP 2021-0005
AMEND 2024-0005
Alex Alegre, Associate Planner
Planning Division
August 6, 2025
ITEM 1 - Project Site
•East of Carlsbad Blvd, near
Ponto Dr
•ROW and private property
•Poinsettia Shores MP
•Ponto Beachfront Village
Vision Plan
•Mello II + Sammis (West
Batiquitos) CZ
Private
property
ITEM 1 – Project Overview
2020-2021
Emergency CDP issued
2024
Agency coordination
Final draft plan completed (Oct 2024)
2022-2023
Mapping discrepancies flagged
2022
Follow-up CDP + HMP approved
2025
Amendment for PC
consideration
ITEM 1 – Restoration Plan Overview
Category Revised Plan (2024)
Vegetation Impact
(Diegan CSS)
0.053 acre
(field verified)
Mitigation Ratio 2:1
(per CCC direction)
Habitat Creation
Requirement 0.107 acre
Total Disturbance Area
0.695 acre
(incl. 0.40 acre on
private property)
Mitigation Location City right-of-way only
2025 access agreement enabled
critical stabilization on private
property—removing the final
barrier to full site restoration.
ITEM 1 – Restoration Plan Map
•Revised impact: 0.053 acre of
Diegan Coastal Sage Scrub
•Mitigation ratio: 2:1 CSS creation
(0.107 acre)
•Total disturbance: 0.695 acre
(mostly disturbed habitat, access
path)
•All mitigation occurs in city ROW;
remaining area stabilized only
ITEM 1 – Agency Coordination
•Coastal Commission confirmed 2:1
mitigation ratio (May 2022)
•Revised plan reviewed by city,
CDFW, USFWS, and Coastal
Commission
•Final draft restoration plan
completed (Oct 2024)
ITEM 1 – Implementation Timeline
Access Agreement
executed April 2025
Installation (Oct 2025 –
May 2026)
Monitoring (May 2026 – May 2031)
April 2025 May 2026 May 2031
Yr 1 Yr 3 Yr 5Yr 2 Yr 4
ITEM 1 – Findings Summary
•Consistent with the LCP
•Mitigation aligns with the HMP
•Complies with Municipal Code
ITEM 1 – Public Comments
•Informal outreach (2023–2024)
•Notice of application (Dec 2024)
•Site sign posted (Jan 2025)
•Notice of Public Hearing (July 2025)
•No comments received
ITEM 1 – CEQA Compliance
•Exempt under CEQA Section 15302(c) –
Replacement/Reconstruction
•No exceptions apply
•Impacts limited to previously disturbed
areas
ITEM 1 – RECOMMENDATION
ADOPT a resolution APPROVING a CEQA Exemption Determination and an Amendment (AMEND 2024-
0005) to Coastal Development Permit (CDP 2021-
0035) and Habitat Management Plan Permit (HMP
2021-0005) to approve a revised Habitat Restoration
and Revegetation Plan associated with previously approved emergency gas line repairs located within the public right-of-way adjacent and on APN 216-140-43-00, in Local Facilities Management Zone 9 and within the Mello II and West Batiquitos Lagoon/Sammis Properties segments of the Local Coastal Program.
SoCalGas Mainline Pipe Repair
Amendment to CDP 2021-0035 & HMP 2021-0005
AMEND 2024-0005
Alex Alegre, Associate Planner
Planning Division
August 6, 2025
ITEM 1
Back-up Slides
ITEM 1 – 2022 / 2024 Comparison
Category Original Plan (2022)Revised Plan (2024)
Vegetation Impact
(Diegan CSS)
0.66 acre
(estimated)
0.053 acre
(field verified)
Mitigation Ratio 1:1 2:1
(per CCC direction)
Habitat Creation
Requirement 0.66 acre 0.107 acre
Total Disturbance Area 0.66 acre
0.695 acre
(incl. 0.40 acre on
private property)
Mitigation Location
Unspecified
(may extend onto
private property)
City right-of-way only
Monitoring Duration 5 years 5 years
ITEM 1 – Access and Private Property
•0.40 acre of private
property disturbed during
emergency work
•City required stabilization
to prevent erosion/runoff
•Access agreement secured
April 2025
ITEM 1 – Implementation Oversight
ITEM 1 – SANDAG Project Site
•Batiquitos Lagoon Double
Track (SANDAG)
•Federally approved project,
not city-led or private
development
•City issued a right-of-way
permit
•No CDP or discretionary
review
•City Council was briefed
(Sept 2024)
Vegetation mapping ITEM 1 – Vegetation Mapping
Dormant Season Growing Season
Vegetation mapping ITEM 1 – Vegetation Mapping
Dormant Season Growing Season
Impact & mitigation
ITEM 1 – Impact and Mitigation
•Dark blue line = impact
•Red = coastal sage scrub
•Tan = disturbed
•Hatched = mitigation
Previous analysis
ITEM 1 – Previous Analysis
•Mapped during dormant season (wrong time of year)
•Green = coastal sage scrub
•Tan = disturbed
Previous analysis
SoCal Gas Emergency Pipeline Repair
•Mapped during dormant season (wrong time of year)
•Green = coastal sage scrub
•Tan = disturbed
ITEM 1 – RECOMMENDATION
ADOPT a resolution APPROVING:
•CEQA Exemption Determination
•Amendment (AMEND 2024-0005) to Coastal
Development Permit (CDP 2021-0035)
•Amendment (AMEND2024-0005) to Habitat
Management Plan Permit (HMP 2021-0005)
Full action includes approval of a revised Habitat Restoration and Revegetation Plan
associated with previously approved emergency gas line repairs located within the public
right-of-way adjacent and on APN 216-140-43-00, in Local Facilities Management Zone 9 and
within the Mello II and West Batiquitos Lagoon/Sammis Properties segments of the Local
Coastal Program.