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Home My WebLink AboutZone Case 84-15 - Negative Declaration 84-33 - William C Cur FO CITE' OF IwiiLJiNTING TON BEACH 20M MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK A August 22, 1986 William Curtis 18456 Le Marsh #44 Northridge, CA 91325 The City Council of the City of Huntington Beach at its regular meeting held august 18, 1986, denied your appeal to the Planning Commission denial of 2C 84-15 and NO 84-33. i This is a final decision. You are herebv notified that pursuant to pro- visions of Section 1094.6 of the Code of Civil Procedure of the Scate of California you have ninety days from August 22, 1986 to apply to the courts for judicial review. If you have any questions regarding this matter, please contact our office - 536-5227. Alicia M. Wentworth City Clerk AMW:CB:js Enclosure cc: City Attorney Development Services Director (TrMt�Iwm: 7146�67Z7) , , f August 8, 1986 Mr~ . William Curt is , G , 18456 LeMarsh, Unit 44 Northridge, CA 91325 ,E 1r Dear Mr. Curti�s I, Daisy Ptceirelli, of Mesa, Arizona, as &.e property owner, do authorize William Curtis to submit: th-ts Zone Change application_ 1 further ,agreL- -that the one•icra drill si'.e will he located at the corner of the Flood Control Channel and Magnolia Street in Huntington Aeach. Sincerely, Daisy Mozpc Piccirelli, ?:O. Box 6202 1 Mesa, Arizons 85206 L: , 1.LthC� :�: rC �'ub.}�. a0•� fsn�e�13 Or ac 3 "nCwG�n gbh:. nofoces by Decree Of the SuperciJr Cow Grange County. C;Iofornm, Number A•6114. oared 29 5e err+ber, 1961, and d•i 4531, dated 1 1 J. 1963 �.�..,.,.,.....�..: got" fii?Tlf ' 110TfC!oir', STATE OF CALIFORNIA � County of Orange P»rK N .,+0�4. A$wWlr ea.a.a rt'it�ir accareaaN°i° by oti• .n,e..d Is so ek r Poo, mum no aNts'..: .«� re oc•corrwn work NNISM Alm ' DEC in," . . •:. 11iD lbt-i� =r I OTICE 1e' 11 REBY I am a Citizen of the United Stases and a resident of OWN UW to.IM%Von %"*Cty CC mnW MAJ Mo 1t.3 County aforesaid; I am over the age of eighteen rIcn. � how"wnlow. "� +� -years, and not a party to or interested in thin below e^ Bomb'�'rk.c.4rlra entitled mailer. 1 am a princi ai clerk of the Orange `V*d ft , d*Ji l JWnrnw a^'- P ti (ule os1.�r1a*Jim 11111e 1r1,:- Coast DAII Y PILOT, with w) ich is combined the td"Mboo"V,tog "am` oon RWd tM.901411lMntt a ' NEWS-PRESS, ;h •tom wno.waA eo t,�'- a newspaper of general circulation, f�;n;,,u,,,., lea deNc�rltl �recoM. printed and published 1n the City of Costa Mesa, OAM Wndiy,' County of Or�ngt, State o! California, ,nnd that a !°'hm&1=,P M. PUBLIC HEARING LOCATlOKs,"A", Inlirid� Notice of raa o(:,p�,.00m tr�c1�; d t�Ir:J((0 4ta.atit ttfph=. , w�y�telin�MMy td lllt;wwt f31�C,cI� .� •t of which Copy attached hereto Is a true and complete ;`'�lJt;iEc1t. Camn�,dry; copy' kas printed and published in the Costa Mesa rzlat.of 2orltt'dl tva t4-t6�a Newport Beach, Huntington Beach. Fountain Valley, tti`•elton a..r s $3 -Zorm1�tmat1�11t; CK+Ir+pe: t� i Irvine, the South Coast communities and LegiJna ;Narc rn.ct+,r► •"t.pararoic ONE TIME xi a clwf Bench issues of said newspaper for i1 r M'.tlN"d UM WMt10t4;4aw Zoo fuW consecutive weeks to wit the issue(s) of + Jb uas t. CZ41..1) lee!M pure Y°I August 7 6 At thr Aueua �,'<;toai� 198 r»r etlair, cM�;� tfoar:f 41tpi�fY 198 one motet,►60 f to .�,fir, {wit a A'n qued-lo OwV., yr.f. urt'.t* eare-ot. • ,nx1t,�cofsrw. 186 tr7, f) iMe" At •�t3N. t�1f7NM�N -'_I4�� , M ttnpl z.N(j 6rt ;ti11a11tr; declare,:under penalty of perjury, that the foregoing is true And correct. . . E.�csc tad'on -August 7 ai Cua Mesa, Co tf6mla' . 1 , I'Y r.r PROOF of PUBLICATION REOUES#FOR CITY COUNCILQkCTION Data Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administratore 4ti Prepared by: James W. Palin , Director, Development Services o Subject: APPEAL OF PLANNING COMMISSION DENIAL OF ZONE A GE NO. 84--15 AND NEGATIVE DECLARATION NO. 84-33 - WIL M CURTIS, APPLICANT Consistent with Council Policy? F< ) Yes ( ) New Policy or Ext*ptlon Statement of Issue, necommeridation, Analysis, Funding Source, Alternative Actions, Attachments: ' STATEMENT OF ISSUE: This item was continued from the City Council meeting of August 4, 1986 to allow time for a public notice to be advertised and mailed , and a :,ew ordinance to be prepared based on the applicant 's revised request for a new location for the proposed oil drill site adjacent to Magnolia Street. In addition , the Council requested that the zone change be sent back to the Planning Commission for a report prior to action . The item was discussed by the Commission on August 5, 1986 , and the Commission 's report is included below. On April 16, 198S . the Planning Commission had denied Negative Declaration No. 84-33 and Zone Change No. 84-15 . The original. request was to change the zoning on an acre of property locate; on the inland side of Pacific Coast Highway between Magnolia and Newland Street from Limited Use District -- Coastal Zone ( LUD-CZ ) to Limited Use District - Coastal Zone, combined with oil production (LUD--CZ-•O1 ) for the purpose of drilling oil wells . For clarification, this site shall be referred to as location 'A" . After reading the conce:'ns addressed in the RCA dated August 4, 1986, and after discussion with staff , the applicant agreed to modify the regeiested location and the requested base district designation . Due to Council action on the Coastal Element Amendment No. - 86-1 on June 2, 1986, the general plan land use designation has been changed to Conservation . The consistent zone district of "Coastal Conservation" would be appropriate for the site . The Zone change t:equest for the location "B" site , which is a one-acre site immediately adjacent to Magnolia Street and, south of the orange County Flood Control Channel, is, now from Limited Use Dietrict--Coastal Zone (LUD-CZ ) to Coastal Conservation-Coastal 'Lone--Combined with oil Production (CC-CL-01 ) . Pi o ane RECOMMENDATION: First listed is the Planning Commission action on the original negative declaration and zone change request . 5 -::ond, the action taken . regarding the Planning Commission 's report back to the Council on August 5, 1986, is listed . Finally , the staff recommendation is the third item in the Recommendation s--+ction. Planning Commission action on April 16 , 1985: ON MOTION BY PORTER AND SECOND BY WINCHELL, ►:EGATIVE DECLARATION NO. 84-33 WAS DENIED BY THE PLANNIN; COMMISSION, BY THE FOLLOWING VOTE: AYES: Rowe, Winchell , Schumacher , Livengood , Porter , Mirjahangir NOES: Erskine ABSENT: None ABSTAIN: None MOTION PASSED ON MOTION B`! WINCHELL AND SECOND BY ERSKINE, ZONE CHANGE NO. 84-15 WAS RECOMMENDED FOR DENIAL BY THE PLANNING COMMISSION, SUBJECT TO THE FINDINGS LISTED BELOW, BY THE FOLLOWING VOTE: AYES! Rowe , Winchell , Schumacher , Livengood, Erskine, porter , Mi r jahangi.r NOES: None: ABSENT: None ABSTAIN: None FINDINGS FOR DENIAL: I 1 . The proposed oil operation will not be compatible with the surrounding uses . 2 . A Zone Change at this time may prejudice an ongoing study of as and planning for the wetlands areas in the Coastal Zone between Beach Boulevard and the Santa Ana River being conducted at the direction of the City Council . 3 . A Zone Change within an area , identified as a White Hole by the Coastal Commission , is premature . Planninq,,Commission action on August 5 , 1986 : 'ON ,;MOTION HY PORTER AND.- SECOND BY LIVENGOOD, THE . PLANNING COMMISSION VOTED TO REPORT BACK THE FOLLOWING CONCERNS TO THE CITY COUNCIL ON NEW LOCATION "B* FOR ZONE CHANGE NO. 54--15, BY THE FOLLOWING VOTE: AYES: Pcrtcr , Livengood, Schum-acher , Rowe , Erskine , Winchell NOES: None . ABSENT: Mirjarangir ABSTAIN: None RCA - August 4 , 3.986 -2- (5736d) REPORT BACK TO ONCIL - CONCERNS 0 1 . The site adjacent to Magnolia Street is too close to residential properties. 2 . Concern whether the use is legal in a Coastal Zone wetland . 3 . Recommend that the acre oil drilling site be located closer to the Edison Company property but still on the Daisey Thorpe Piccarelli property (Curtis lease area ) . Staff recommendation : Staff recommends that the City Council approve Negative Declaration No. 84-33 and Zone Change No . 84-15 , Location "B " , a request to change the zoning from Limited Use District--Coastal Zone (LUD-CZ ) to Coastal Conservation-Coastal zone-Combined with Oil Production (CC-CZ-01 ) subject to the following findings : 1 . A change of zone from Limited Use District-Coastal Zone (LUD-CZ ) to Coastal Conservation-Coastal Zone-Combined with 0! 1 Production ( CC-CZ-01 ) will be compatible with surrounding lai uses . The closest residential property is separated by a distance of over 500 feeh and across the Flood Control f1 annex and Magnolia street . 2 . The Land Use Element of the General Plan designates the property as Conservation , which is consistent with the zone designation of Coastal. Conservation-Coastal Zone-Combined with Oil Production ( CC-CZ-01 ) . Further , the California Coastal Act (Sections 30260 and 30262 ) permits industrial development in the Coastal Zone subject to mitigation measures outlined in the negative declaration . 3 . Compliance with Title 15 of the Huntington Beach Municipal Code will ensure that the proposed oil operation will not be detrimental ho the gjneral health , safety and welfare of the community. j 4 . No other feasible alternative location exists outside the wetlands that would accommodate the applicant ' s oi'. drilling operation due to the shallowness of the wells. 5 . The proposed site for the oil operation is consistent with the Coastal Act in that the site is located adjacent to an existing street providing immediate access to the facility and would cause the least disturbance to the surrounding area (least environmentally damaging alternative ) . 6. Thel, coastal Element of the Huntington Beach Cenera,l Plan .states that`'the goal o� coastal astal energy. planning is to successfully balance :the needs of regional. :and local communities, while encouraging the positive impacts of energy developments and mitigating their adverse affects . RCA - August 4 , 1986 -3 ( 5736d ) 7 . Since the Coast4oConservation District req�res a conditional use permit before the Planning Commission to Initiate an oil drilling operation , further opportunity will be available to analyze thE., specific proposal and condition the project by incorporating the mitigation measures outlined in the negative declaration . ANALYSIS. As detailed above , the applicant has agreed to revise his zone change request and has submitted a revised legal description and map showing the new site adjacent to Magnolia Street ( Location "H" ) . The report to the Council on August 4 , 1986 , explained staff 's concerns regarding the original Locations "A" . Oil extraction is a use which may be allowed in the Conserv-tion land use designation provided that it is the least environmer►tally damaging alternative and proper mitigation measures are incorporated . The new location of the proposed drill site at. Magnolia Street would eliminate any need for an access, road cutting through the wetland . Staff believes that Location "S" is the appropriate, least environmentally damaging location'. In adai.tion, the base district of Coastal Conservation (CC):. will ensure that all requirements for wetland areas are met without qualified "Q* zoning having to be applied . The Coastal Conservation District requires that a Conditional Use Permit be approved by the Planning Commission prior to initiating an oil drilling site. This process will ensure that any mitigation measures can be incorporated as conditions of approval . The Department of Fish and Gage has designated the subject site as a wetland which is defined as "land within the Coastal Zone which may be covered periodically or permanently with shallow water and include salt wafter marshes, freshwater marshes, open or closed brackish water marshes , swamps , mudflats and fens . " Section 30260 of the Coastal Act states, "coastal-dependent- industrial facilities shall be encouraged to locate or expand within existing sites and shall be permitted reasonable long--term growth where consistent with this division . . . " Section 30262 of the Coastal Act states , "oil and gas development shall be permitted in accordance with Section 30:60 . . . " ENYIROWiENTAL STATUS: On November 5 , . 1985, Draft Negative Declaration 84-33 was circulated for a 30-day review in order to solicit comments from responsible stite: and local agencies . The Negative Declaration included a , biological assessment prepared under the direction of the Department of; bevelopment. Services by the consulting firm of Michael Hrandman Associates. The staff received comments from the California Coastal Commission and Department of Fish and Game regarding the propo3ed zone change. These comments and staff responses have been incorporated into the attached Negative Declaration . FUNDING SOURCE: Not applicable . RCA - August 4 , 1986 -4- ( 5736d) ALTERNATIVE ACTION: Deny Zone Change Ila . 84--15 and Negative Declaration 84-33 . ATTA-CEMENTS: 1 . ordinance Z . Letter from applicant revising zone change request dated August 51 1986 3. Original RCA dated August 4 , 1986 , including: Letter of Appeal Letter from Southern California Edison Area Map Minutes of Planning Commission meeting April 16, 1985 Planning Commission staff report dated April 16, 1985 Negative jeclaration 84-33 JWP :JA:kla RCA August 4 r 1986 -5- ( 5736d ) lit HUNTINGTON BEAC!4 William Curtis QR'ELOWNT SERVICES 18456 Le Marsh #44 ` 1986 Northridge, CA AUG 1 j 91325 P.U. BUx 190 Huntington Beach, CA 8264h August 5, 1986 Huntington Beach City Council Attn: Ms. Alicin Wentworth, City Clerk 2000 Main Street Huntington Beach, CA 92648 Mayor Mandic and Members of the City Council; This is my formal request , as William Curtis, formal applicant for Zone Change 84-15, for a revisal of drill site location as submitted in the legal description dated August 5, 1986. i 1 agree to the Planning Department 's recommendation to chanye LUD - CZ to CC-CZ-01 for the purpose of drilling oil wells. Sincerely, William Curtis l Augus a 1986 NOTICE OF PUBLIC HEARING APPEAL TO PLANNING COMMISSION DENIAL OF ZONE C11ANGE NO 84-•1S & NErATIVE DECLARATION NO 84 33 NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in ti:e Council, Chamber at the Huntington Bench Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE: Monday, August 18, 1986 TIME: 7 :30 P .M. 7.00ATION: "A"- Inland side of Pacific CuasL Highway between Magnolia and Newland Streets. "B"- Inland side of Pac.!,fic Coast Highway, immediately to the west of Magnolia Street. SUB.;ECT• Apoeal to the Planning Commission' s denial of Zone Change � No. 84-15 and Negative Declaration No. 84-33. Zone Change :S4-1S involves two alternative sites. Location "A" is a request to change the zoning on 1+ acre of property from Limited Use District-Coastal Zoee (LUD-( Z) to Limited Use District - Coastal Zone - combined wit!) oil production (LUD-CZ-01) for the purpose of drilling oil wells. At the August 4, 1986 meeting, the applicant agreed to revise his zone change request by changing the location of the oil site to one immediately adjacent to Magnolia Street. L,.)catioc "b" is a request to change the zoning on 1+ acre. of property from Limited Use District - Coastal Zone (LUD-(Z) to Coastal Conservation - Coastal Zone combined kith oil production (CC--CZ-01) , for the purpose of drilling oil wells. ENVIRONMENTAL 5'L:_Ti7S: Negative Declaration N• . 84 33 assess e5 the environmental impact of said zone change. ON FILE: Legal descriptions for both'alternative 31tes are on file in the Development Services Office. ALL INTERESTED -PERSONS areeinv ted aoaattend said hearing and a ipress opl.nion$. or submi g t the application as outlined abore. All application^, eihibits, and descriptions of this proposal are as fiii with the Office of the City Clerk, 2000 Main Street, Huntington Beach, California, for inspection by the public. HUNTINGT011 BEACH CITY COUNCIL By: Alia,4 M. Wentworth City: Clerk Phone (714) 536 5405 Dated 'August 51 1986 ORDINANCE NO. � 8G All ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 TO PROVIDE FOR CHANGE r.)F ZONING FROM LIMITED 1SE DISTRICT-COASTAL di TO COASTAL CONSERVA"''IOh-COASThL ZONE-OIL SJ F F I?{ ON REAL PROPERTY CENERALLY LOCATED INLAND OF ` PACIFIC COAST HIGHWAY, IMMEDIATELY WEST OF MAGNOLIA STREET AND SOUTH OF THE ORANGE. COUVT`! FLOOD CONTROL CHANNEL ( 'LONE CHANGE 110. 84-1.5 ) WHEREAS , pursuant to state Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have had separate public hearings relative to Zone Cace No. 84-15 wherein both bodies have carefully considered all information presented at said hearings , and after due � consideration all. information presented at said hearings, and after due consideration of the findings and recommendation of the Planning Commission and all evidence presented to said City Council , the City Council finds that such zone change is proper, and consistent with the general plan, NOW, THEREFORE, the City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The real pruperty described in Exhibit "A, " attached hereto and incorporated by reference herein, generally located inland of Pacific Coast Highway, immediately west of Magnolia Street and south of the Orange County Floor Control Channel, is hereby changed from LVD-CZ, "Limited Use District--Coastal zone" to CC--CZ-01 , "Coastal Conservation- Coastal . I Zone-Oil suffix . " SECTION 2. Section 9061 of the Huntington Beach ordinance Code, District Map 29 ( Sectional District Map 24--6-11) J I 1� . 1 . I is hereby amended to reflect the change contained in this ordinance and on the map attached hereto as Exhibit " B" and incorporated by reference herein. The Director of Development Services is hereby directed to prepare and file an amended map. k copy of said Exh, �,it "B" shall be available for inspection in the office of the City Uerk. SECTION 3 . This ordinance shall take effect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof on the day of , 1986. Mayor i ATTEST: APPROVED AS TO CORM : C t', Clem City-Attottey REVIEWED AND APPROVED: INITIATED AND APPROVED : Gw > i 1 , + City A minis rato�' a .re or o eve opme t erg i s— lllllllltll;rrrr, i'14'1JrV�1.►r►� +�1f'!► r '111 r►•, !i.\'ill J)17' „1„� Ir,•,il,...l•.,r n,., r I 0.1'.l:Al. III ';1'It 11-1 I I+N I IN '1111 VI1Y ill' 1111N'fiti1:10N IIIACII, "'MINh (11' ONA1Nr:l:, SIAII' Ill CALI10MIA, Atli) r I)FII . A VORI'I(1I (Il 511:1*IONS A I Ali ;i . '11THSIIIV A !;I III,11. 1•_'It,:l I I UI'"I , A.,; fi SIi11WI IM 1111: 1011 FILM Ill 11001. 711 Ill' 11f.001(bS (11' SlIM77 Al YAI:I: :7. 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R1 RI RI It RI RJ R. i I i PI I 1:2- 'a i I l• ,.� •`---I Al .. 1 • •r f �•Ti .u' I - --I i -. ..►ItQ4 E l .� RIi ii 3 RI� ( -� ,.n.�_1 I 1 A I 5 :!�► _._ -.l• K 1 -.s t R4-28+ R]I f)i R' i�'`- _t l__AI _ _� �• N•,F RI R3- 'rtf: R3 as _. ..- - i - RI RI - . Al RI C F . .�.. 1 .. 7 y uu • r I ---_-_ RI jL o MIA 0 R'_ RA I M R' m M I-A-0 NI -A-O=CZ b LUD 0 CZ _ _ _ wN•r.� h '• qCC RA-0 •,� �,1,•.... . _�ots><rt •ram __.._...-- - 4 \ M2-0 ` • • 0 1::::r M� ,. Nr I S 'j:11 -�� F .♦ 11 M 2 -0 �q•0► / M 2-0 PACIFIC OCEAN / ISj, yl�I. 2D;°0.$f.D ,Sl Tom'•� `� Z�M2-0 t\ QP• erY' �W)s 14, ti L ~ LUD)t.LWTEDUSE �\ • '` \ DISTRICT c � ,• \� "��•il�. LUD)UMTED USE DISTRICT Arw • d Ct.A+ 2 OtVE CAMA rE A/c. ey-Is" REQUEST FOR CITE' COUNCIL CTION Daie Auqust 4 , 1985 SubrIttedto: Honorable Kayor and City Council Submitted by: Charles W. Thompson , City Admi.nistrato pared by: James W. Palin , Director , Development Services6 Subject: APPEAL OF PLANNING COMMISSION DENIAL OF ZONE CHAN E NO. 84-15 AND NEGATIVE DECLARATION NO. 84-33 Consistent with Council Policy? (-1 Yes ( ) New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Transmitted for your consideration is an appeal of the Planning Commission 's denial of Negative Declaration No . 84-33 and Zone Change No. 84-15 , a request to change the zoning on an acre of property from Limited Use listrict -- Coastal Zone (LUD-CZ ) to Limited Use District - Coastal Zone, combined with oil production (LUD-CZ-01 ) for the purpose of drilling oil wells . The property is located on the inland side of Pacific Coast. Highway between Magnolia and Newland Street . The applicant indicated ii't a letter to appeal dated April 24, 1985 (Attachment #1 ) 1 that he requested continuance oi- any action by the City Council on the Zone Change request until the study on the "White Hole" areas was complete . The Council acted on this area at their meeting of June 2, 1986 , by adopting Resolution No . 5670-A (Attachment #2 ) . Coastal Element Amendment No . 86-1 designated the subject site as Conservation . RECOMMENDATION: Planning Commission action on April 16 , 1985: ON MCTION BY PORTER AND SECOND BY WINCHELL, NEGATIVE DECLARATION N0. 84-33 WAS DENIED BY THE PLANNING COMMISSION, BY THE FOLLOWING VOTE: AYES: Rowe, Winchell , Schumacher , Livengood , Porter , Mirjahangir NOES: Erskine ABSENT: None ABSTAIN: None MOTION PASSED �MO 084 ON MOTION BY WINCHELL AND SECOND BY ERSKINE, ZONE CHAZIGE NO. 84-15 WAS RECOMMENDED FOR DENIAL BY THE PLANNING COMMISSION, SUBJECT TO THE FINDINGS LISTED BELOW, BY THE FOLLOWING VOTE: AYES : Rowe, Winchel.l , Schumacher , Livengood, Erskine, Porter, Mirjahangir NOES : None ABSENT: None A©STAIN: None MOTION PASSED FINDINGS FOR GENIAL: 1 . The proposed oil operation will not be compatible with the �surrrnding uses . 2. A Zone Change at this time may prejudice an ongoing study of assessing and planning for the wetlands areas in the Coastal Zone between Beach Boulevard and the Santa Ana River being conducted at the direction of the City Council . 3. A Zone Change within an a-Qa , identified as a White Hole by the Coastal Commission, is prena�.ure . i The staff recommendation is identical to thah of the Planning Commission . ANALYSIS : The zone change request is Intended to allow for the drilling of gas/oil wells on an approximate one acre site at the inland side of Pacific Coast Highway approximately 403 feet northwest of Magnolia Street (see attached legal description ) adjacent Lo the Orange County Flood Control Channel . The requested -01 designation permits "the drilling or boring of a new well into the earth for the purposr, of injecting water , steam or any other substance into the earth . " However , drilling cannot proceed until a use permit is first obtained from the Board of Zoning Adjustments , pursuant to the requirements contained in Article 968 of the Huntington Beach Ordinance Code . The applicant has indicated in his attached statement that there will be a three phase program. The initial drilling will be for the recovery of gas . Phase II will consist of off-site drilling of injection wells in the City of Newport Beach , Phase III will involve securing an off-shore oil and gas lease from the State- of California in order to slant drill for oil from the subject site . The Planning Commission in . their discussion on April 16 , 1986 indicated that the application for a zone change was premature because of the .study then in progress for the *white hole* area . RCA August 41 1986 -2- (5736d ) 0 Coastal Element Amendment No . 86-1 , approved by the City council on June 21 1986, addressed the "white hole " area and charged tl-.c land use designation of this area to Conservation . oil extraction is a use which may be allowed in such a designation provided that it is the least environmentally damaging alternative and proper mitigation measures are incorporated . The location of the proposed drill site in the center of the wetland area would necessitate an access road cutting through the wetland . Staff believes that a more appropriate , less environmentally damaging location should be sought adjacent to Magnolia Avenue . For these reasons , staff cannot recommend approval of the zone change at this location . Since the "White Hole " area has not yet been certified, the Coastal Commission would have to grant a Coastal Development Permit for such a use and it is unlikely that the Commission would approve such a permit for the requested location . The Department of Fish and Game has designated the subject site as a wetland which is defined as "land within the Coastal Zone which may be covered periodically or permanently with shallow water and include salt water marshes, freshwater marshes , open or closed brackish water marshes , swamps , mudflats and fens . " Because of t:hir determination this area of the Coastal Zone was "white huled" to allow For further studies . Section 30260 of the Coastal Act states , "coastal--dependent industrial facilities shall be encouraged to locate or expand within exi;�ting sites and shall be permitted reasonable long-term growth where consistent with this division . . . " Section 30262 further states , "oil and gas development shall be permitted in accordance with Section 30260. . . " Although the Coastal Act clearly anticipated resource production as a desired use in the Coastal Zone subject to the mitigation of any adverse environmental impacts , such a r.^e could much more appropriately be located adjacent to Magnolia Avenue, eliminating the need for a new access road cutting through the wetland . The Conservation designation specifically allows For oil extraction only where it is the least environmentally damaging alternative . ENVIRONMENTAL STATUS: On November 5 , 1985, Draft Negative Declaration 84-33 was circulated for a 30-day review in order to solicit comments from responsible State and local agencies . The Negative Declaration included a biological assessment pLepared under the direction of the Department of Development Services by the consulting firm of Michael. Brandman Associates . The staff received comments from the California Coastal Commission and Department of Fish and Garde regarding the proposed zone change . These comments and staff responses have been incorporated into the attached Negative Declaration . FUNDING SOURCE: Not applicable . August 4 , 1986 -3-- (5136d ) 1 ALTERNATIVE ACTION: As an alternative action , the City Council may consider continuing Zone Change No . 84-15 and Negative Declarati.on No . 84-33 to allow staff time to advertise a qualified ( "Q" ) suffix on the one acre property. This designation would enable the City Council to !condition the zone change prior to the Board of Zoning Adjustments action on a Use Permit . The staff would recommend the following conditions of approval : 1 . (a ) Strict compliance with Title 15 of the Huntington Beach Oil. Code , specifically relating to sound attenuation , berming , run-off and emergency contingency plans . (b ) Compliance with all stipulations of the Conservation Zoning District . 2. Access to the site shall be depicted on a detailed site plan and strictly adhered to . 3 . The oil/gas site shall be inspected as to conformance with Conditions of Approval prior to commencement of each phase of the operation . 4 . A berm should be constructed around the project site in order to isolate it in case tidal action should be restored , 5 . The potentially adverse effects of night lighting on the surrounding salt-marsh can be mitigated by leaving the project site unlighted or by using low intensity or silvered globes . 6. Prior to issuance of a drilling permit , the applicant shall restore between one and two acres of "wetland" as determined by the Department of Fish and Game. 7 . The applicant shall obtain all required permits from responsible State agencies . ATTACHMENTS: 1 . Letter of Appeal 2 . Letter from Southern California Edi:;on 3 . Area Map 4 . Minutes of Planning Commission meeting April 16, 1985 5 . Planning Commission staff report dated April 16, 1985 6 . Negative Declaration 84-33 P(JWP:JA:kla RCA - August 4 , 1986 4- ( 5736d) RECEIVED CI1'Y CL;iS too. ;k» Cii y GF WILLIAM CURTIS 3200 Park Center Dr. Suite 1160 Costa Mesa , CA 92626 April 24 , 1985 Huntington Beach City Council Attti; Ms . Alicin Wentworth, City Clerk 2000 Main Street Huntington Beach , CA 92648 Mayor Bailey and Members of the City Council ; We hereby appeal the Planning Commission decision to find Negative Declaration No . 84-33 inadequate and to recomm?nd denial of Zone Case 84-15 relating to the establishment of an oil operation site inland of Pacific Coast Highway and North of Magnolia Street. The primary reason expressed by the Planning Commission in reaching their decision was that a study to determine future uses for this area was underway, and approval of our request would be premature. The Commission did discuss the option r►t continuing the requests, pending completion of the study; however, we were not given an opportunity to comment on that opportunity. We understand the Commission' s desire to complete the study , and hope that you appreciate our desire to proceed with our request to establish an oil operation site somewhere on the property under lease . If we were given the opportunity j to address the Commission, we would have agreed to the option to continue the request, pending completion of the study , and would have requested that we be given an opportunity to parti- cipate in the study . i Vie therefore respectfully request that you continue action on these applications pending completion of the study, and that we be appointed to the Study Commi tte_. We also ask that the study move forward as soon as possible to avoid unnecessary delay. Thank you for your consideration of this request. j R�eEp�ectfully Submitted, William Curtis 1 RESOLUTION NO. 5670-A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING COASTAL ELEMENT AMENDMENT NO. 86-1 TO THE GENERAL PLAN WHEP.EAS, the City Council cf the City of Huntington Beach desires to update and refine the General Plan in }:eeping with changing community needs and objectives ; and F, public hearing or, Coastal El.emer.t Amendment No . B6-1 to ,the General Plan was held by the Planning Commission on April 22 , 1986 , and approved :cr rec-nnmendatior. to the City Council ; and Thereafter the City Council , after giving notice as prescribed by law, held a- least one public hearing tQ consider Coastal Element. Amendment No . BE-! : and At said hearing before the City Council all persons desiring to be heard on said amendment were heard , NOW, THEREFOP.E , BE IT RESOLVED by the City Council of the City o! Huntington Beach , chat Coastal Element Amendment No. 86-1 consisting of the following changes is hereby adopted : Designate the 231 . 5 acre non-certified white hole area for 7 acres of Visitor Serving Commercial , 17 acres of Industrial Energy Production/Conservation, 83 .0 acres of Industrial Energy Production and 1?4 . 5 acres of Conservation as indicated in Exhibit A, attached hereto and incorporated by reference herein . Coastal Element Amendment No. 66-1 will be presented to the California Coastal Ccm- mission as the Land Use Plan for the uncertified white hole area . •:�''" r:�,` `�•:, � � it ♦y - ^ �� \,��` ' .�1 � � � � •Jim '�• �, �, -•� '� �' �� \ �1 + • ,,�•I '• \ E , rl(.n�t Lij�l1L'—`�' , . ,'' 1 n71 r lAntAtinto 11 .� ''', :~� •:' '=- �L/tp ( !!i ±� �+ ' 111 •L�?iiliiil �. �;:. �.. �f j� txFATWIMrIANT 1 fir, ! .• •_�� + ' �;r .� •: ::• <<' � �. I 111 : 1 •l , (J, �,' • 7 .J..•f •i �. f f.•flj• I/ •i f f1.I ` � 1� if��l t � �•'• I I EXHIBIT A VISITOR ►CRvitir, (.n,,vrt*r.IAL �------�Mt1li.T�rl t ;(F IISSQtI .dR-'x NONCERTIFIED it}ts;Rtir+t E11FRr,f t't�t!�IICTIOti COASTAL AREAS HWITGIQN •G2H WOi(tiA "PANG 01PA21PAIM IND. PINT./ 011r�*r'RVATIDR i i PASSED PSD A PTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of 1986 . f Mayor ATTEST: APPROVED AS TO FORD;: 41. Cilty City Attorney �C REVIEWED h D APPROVED: INITIATED AND APPROVED \ r+ -City Taministrater Directory of /Development Services 2 . Res . No. 56?0-A ST/lT£ OF C,AILIFUNIA ) COUNTY 4F OFrS CE C I1Y 7F S?M IWTCN B LACP ) 1 , ALIC-.A. t(., Wr.t.-TWORPH, the duly elected , qualified City Clcrl of thm City of Huntington bench , and ex-officio Clerk of the City C:Ilncil of said City, do hereby certify that the %mole number of members of the City Council of the City of Huntington beach in seven ; that the foregvin6 resolution sac pasbed and adopted by the affinnative vote of taore. than a =Jority. of &II the remberc of said Cite Council at a raZular u*etinn thereof held on the 2nd day os 1 19 RF by the f cYlon-r i.t,E vote AYES : C;)iinc i ►:: - tn'it��• . I�t:nc� t' E.aile�• . �►-�er 'hn�r�:� "DES : Gauncii:!e:n: t:t 11 v, '',a l i ;per ABSENT: w�t,u;c i lnrttti Non(; 2 City Clerk and eY-officio Clergy, of the City Council of tht Cite of Huntington beach, Californis ti • � �rir.cetr VIM Southern Callfornla Edison Company 7333 DOLSA AVENUE WGSTMINSTFF1. CALIF011N1A Q2003 M, D. MARTIN 1��KraraNE MANAGER, HUNTINGTON UFACH July 11 , 1986 Irl.►eon osa� The Honorable R.P. Mandic and City Council City of Huntington Beach P . 0. Boy; 190 Huntington Beach, CA 92648 SUBJECT: Appeal of Denial of Zone Change No . 84 -15 Dear Mayor Mandic : I would like to take this opportunity to reiterate the So . California Edison Company ' s position its regards co the proposed zone change to allow oil drilling on a one acre site immediately adjacent to our generating station property on Pacific Coast lfwy. As you are aware , we have gone on ecord during the Planning Commissions ' review or the matter as being opposed to this type of operation and have not changed our position . They Huntington Beach Generating Station is located on a geological structure containing "massive sands" which is the most susceptible to oil pumping related subsidance . If. :,il drilling operations are allowed in the area , and especially under our existing generating station, we can expect subsidance to occur and extensive damage to our generating facilities based on past: studies we have done . The Huntington Beach Generating Scation is an integral part of our overall generating system that serves approximately 1. 5 million customers throughout our service territory. To remove this station from service would cause extreme financial, hardship for all of our ratepayers . We would sincerely appreciate the City Councils ' support in denying the request of appeal for zone changa No . 84-15 . �(' JUL 14 1966 CP,y OI; WONTING r rEAcEI ADMINISTRATIVE OFFICE The Honorable R. P . Mandic Page 2 I will be out of town tit the time of the public hearing which is scheduled on August 4 , 1986, and therefore , will not be able to appear . If you feel it necessary to have a repr( aentat.ive from the So. California Edison Company appear in person at the public hearing , please let nee know prior to July 28 , 1986 , and I will make the appropriate arrangements . Should you wish further information, or if you would like to discuss this matter in further detail . please call me . Sincerely, Mll I/kam CC : City Council Members City Administrator. - Charles Thompson j Director of Development Services - James Patin l ,12. lot Rt II _ e • . r7i r�Ul Ir' CF-E 1' "2 S RI 1•. .., ,. . RI RI 111 �I RI RI - 0 • J .. , I CF_� •I~ f G M NI RI 1 .. • o MA-0 t` "• i v•w RI 1I-..Wr .. .r 1 R'Im -_--� RI gl + RI RI C F—R N d RI: RI RI `! ^' of ?lit RA t RA-0 A� .. - R I RI • C C�==t-• u ! I A I-A-0 MI -A-P. R I RI 7 ' RI i n , • w a 1 o •� 1 LUD-O RI Fit RI RI RI .MZ-0 ' RI R I Ff I • o I ! s ql r.>lrlr:........-"�i:....:i............. R . , to INLi • AI RI RI MH ' C^�• • K 1 1••! r k i • � R I 11 a . M2-0 R1M2-0 Ito ,1• \ GRI CF•R �ti ,r'Y 2-Q `-��,r �x'�''�! R I R I R I 7 t/4. Q. wry Lu RI RI •( � Rt. ql 'SVvse RI Fill 2 ' �f RI RI ILUM LOOM UPCOIfTRICT \� Rr IL . RI RI \, \ �`�` / RI R 1 j LUC) L11A)0 UK A CIfTRICT '.• RI hl nRI (LUD)LIWEa u5E DISTRICT R' ,Ca 4 4' � (LUD) LUTED f �+ c« USE W A� iC 4 G'i a'1 �O . il�•. �1� � � � 'ii�ili'll�1K✓/'fit ~+ _...,.rrr�:-r' - _--�lr= . -- �.w-�- .. �' 't -• -. ems'__ .� 'di.f7 _ t � y ti ti r?!.PIEI..yO./ y tti k • 1 ` Y LEGEMD COASTAL SALT MARS" •' ,' COASTAL SALT FLAT i�l ` t•� ir�G ••'' IRtWVkftACXUtil WATE1t WASH • �� ' �t:t� , •.�' ` `' RI►AAIANAAEJI • ' �.• ® UANMMQ HATER AND i1 `�•`• L y r Oro I l OOC CONrTAOt DIKE; Z Pp AESTORAILE A11EAi • • 1 O �• VWHIC„NAVE 81100 FILLED AND/01%CUAAED ' r 1 •,%` tSw Awr•pr.*Iw�Tat) l .'•% �✓; f ' Ov �l`SA j•► -^ _ 1r r,-"'� 0 On A COASTAL 10441 tlOuao•wr �.� •� - CALir.LEAST TERNS•ACAE ,• �y 4 •y'.- . -• NESTING SAvCTUARrRat % .�` ice• ��' 1� • 2e k. a.,,. �3 -• mot . i `ter ..♦ :: h •..'• •L`�•.�{{l t-' �Ef�,p , �""'`, ly _ � •�. Ji ter` 1 L_ sirCF- • FEKC_O NEST SITE HUNYNtroN eWN rtporoqk Enviranmentaly Ser 3 tfve Habitats f R,r.Mtar41G, a✓VV.or: As Deputed By The Dept Of Fish And Game f 1 gtre b. �•1 Z • 1 6. No commercialolights shell be per.mit„PSs 4rr►--t+tre^°tt�*�"i' i' ':""'� �7.. The r�tT'1 comply with Article 2-4 of the :Uniform Fire e . � C-4 'LONE CHANGE NO. 84-15/NEGATIVE DECLARATION NO. 84-32 Applicant : William C. Curtis Zone' Case i 6' . 64-15 is a request to change the zonirrryCU a 1 acre site from LUD ( Limited Use .District ) to LUD-01 ( Limited 'Use District-combined'' with oil production ) . The subject 'site has been designated. as a ."Nretland" by the Department of Fish and Game and is ' in the original permit jurisdiction therefor3 subjecE to the permit authority of the California Coastal Commissian , If an " 01 ' designation is- approved for the site, the applicant will be required to obtain o; use permit From the Board of toning Adjustments and a Coastal Development Permit prior to drilling : In addition , the zone change will be subject to the review of the Coastal Commission prior to use permi-t review , Chairman Livengood asked staff what the impact is 6n this "white hole" area if any . Mike Adams of staff stated that the impact for this parkiCular action since it has not been Meted upon by the Coastal Commission , they have chosen not to recognize any different zoning thatr "we presently have on the site. which is Limited Use District , therefore any changes the city makes to the existing zoning would not be subject to coastal Commission review. 'The Coastal Commission would review , however , if the applicant does get the zone change, he will have to come hack with a use permit which will be subject to Coastal Commission Review . Commissioner Schumacher asked staff if this project was adjacent to the Flood Control Channel . Staff stated yes . Commissioner asked staff it they planned to use the road along the channel . Howard Zelefsky of` staff stated yes , that they want to stay as close to the Flood Control Channel so there will be as little disturbance to the wet land as' possible . Commissioner. Schumacher questioned if they had permisbion to use the Flood Control Channel road . Staff stated that permission had been secured by the applicant . THE PUBLIC NEARING WAS OPENED John Mandrell , Representative for William Curtis, stated that he generally irl agreerpent with staff . He stated that he would like to make a Few comments . He stated that mr . Curtis had drilled numerous wells in the state . He stated that he is currently drilling wells in Ventura County. He has assembled a team of experts in preparing 'r 1 ( 2360d ) -11- P .C. April 16, 1985 -Mar .�... hill proposal on this site . Regarding the pha$ ing of - thin project the first -phase on the one acre rite consists of gas and oi. I production'. He is proposing to drill producing wells within the limits of his lease , lie stated that they were not proposing the typical production pump unit as accustomed to in Huntington Beach . He stated that if this is approved in the future he would probably ;',: be expectekd to restore some wetlands to mitigate anything that occurred as a result of this operation. '`� Gary Gorman , Representative for a local environmental' group called Friends of Huntington Wetlands , spoke in reference to the study session with the Planning Commission and the City Council on March 13 , 1985 in regards of what to do with the "white hole " area . The California`_ Coastal Conservancy was requested by the city to analyze the area tip come up with some plans with this area . They are currently- studyin,, this area . fie s-tated it would be premature to make a zone change in an area with the future of it yet to be decided. -host of the City Council and the Planning Commission members felt the area was a wetland and most or all 'of it should be restored . - fie stated that staff contacted the Department of Fish and Game and they were very much opposed to drilling on this site . They felt that-..the mitigation measures done would not offset the loss created by- this project . fie stated that he is opposed to the Zone Change and requested that it be denied or postponed until the California- Coastal Conservancy has a chance to decide what. to do with the property . Bill Compton , area manager for the Southern California Edision1 j Company, stated that he would like to clarify a feet points that wo- re made in the staff report . One which the Edision Company is interested in purchasing the gas that is recovt_�red . He stat.�'d :hat this was not true . The Edison Company has declined to enter into any type of an agreement in regards to slant drilling under their property. Donald Troy, a friend of Daisy Thorpe Picarelli owner of the property , stated that he is in real estate and has tried to sell this land but unable to do so because of its being wetlands . Commissioner Erskine asked Mr . Mandrel about his plans for slant drilling in the future . Mr . Mandrell stated that Mr . Curtis want ,:,) to clarify his thinking into the future for the possibility of drilling from injection wells into the offshore lease:- that belongs to the Cfyy of Newport Beach . He stated that they still have to negotiate this deal with the city and that is not proposed at all in connection .-with this application . There were no other persons to speak for or against the proposed project and the public hearing was closed. Mike Adams 4f staff stated that a representatives from the State Coastal Conservancy was present to answer any questions from the Commission .. ( 2360d ) -12- P. C. April 16 , 1985 Chairman Live-agooil sked the representative the - timing on this project impacts the study. _ r Ruth Gallanter , consultant to lhe State Coastal Conservancy who is working on the project with the City Council stated that the Conservancy is in the middle o( trying to deal with all the prop,--t.Ly owners and who owns what rights to what land for the . purpose of identifying land that may be available for selling oe swapping no that the wetlands restoration can be done in the mos-'*N2)zodUct i ve fashion . Since the area is a piece of the area they are studying , she was sent to this meeting to sec how or whnt the Commission was trying to do with this section of the wetlands . She. stated that she hoped to idLhntify the land that is available and woik out an agreement with various land owners to develop a restoration 'plan . At the stage of developing the restoration pl-an with specifics ; that is , where their is water , or where one might ., or might not be able to handle oil. -.drilling and appropriate berming , the California Coastal Conservancy would then best be able to deal with this question . That phase-Jn the work is some way off . The Commission discussed which item to vote on first ... Commi.ssior. er Porter felt that the negative declaration should as a matter oC procedure ,be acted upon first . Commissioner' Porter motioned to deny regative Declaration No . 84-33 based on th,e finding that the project is in a habitat identified to be occupied by endangered species and that it should require an Environmental Impact Report . ' Commissioner Er. sk :ne stated that he was against the zone change but: stated that. he was in favor of the Negative Declaration f1o . 84-33 because it included a biological assessment prepared unc:er the ,direction of Development Service: by the consulting farm of Michael Branden and Associates , fie stated that this was adequate in place of an Environmental Impact Report . ON MOTION BY PORTER AND SEC0111) BY WINCHELL NEGATIVE DECLARATION NO. 84-33 WAS bENIED WITH FINDINGS 13Y THE FOLLOWING, VOTE: AYES: Rowe , Winchell , Schumacher , Livengood , Porter , Mirjdhangir NOES: Erskine ABSENT: None ABSTAI14 : .. None Chairman Livengood stated that he could not support Zone Change No. 84-15 at this time with the information supplied tonight . Fie stated that maybe he could have some decision after the study was completed . Commissioner Rowe stated that he felt that there were major reasons for denying approval due to the fact that the whole area is open for study. ; ( 2360d ) -13- P, t~, April 16, 1985 �—Commissioner Erskine stated that he was . opposed to the zone change . He stated ','that the Commission must act in good faith ' for the Coastal. Conservancy to give them additional time to see it this is an appropriate spot for this use . Maw Chairman Livengood questioned the Commission or whether this should be denied Qr continued . Mike Adams of staff stated df, ;� --are :�11t it: the Commission continues this item it will appear that leaning towards a means or a method by which you can approve . this zone change . Lf the Commission continues this zone change ' simply for the sake of the study; than I would recommend that the Commission take action . A. zone change does not have to wait for any period of time and can come back before the Planning Commission anytime ON MOTION by WINCHELL AND SECOND BY ERSKINE Z014E CASE' 110. 84 -•15 WAS DENIED WITH FINDINGS BY THE. F0LLOWING VOTE: AYES : 's Rowe , Winchell. , Schumacher ;;nacher , Livengood , Erskine , Porter , Mirjahungir NOES : None ABSENT: None ABSTAIN : . ,• None FINDINGS FOf2 DENIAL: 1 . The proposed oil operation will not he compatible with the surrounding uses . 2 . A Zone Changs at this time may prejudice an ongoing study of assessing and planning For the wetlands areas in the coastal zone between Reach Blvd . and the Santa Ana River being conducted at the direction of the City Council . 3 . A Zone Change within an area identified as a White Hole by the Coastal Commission is premature . C- CO USE PERMIT NO. 85- i5, TENTATIVE TRACT NO. 11681 , Q ITIOIIAL EXCEPTION NO. 85-181 COASTAL DEVELOPMENT PERMIT NO . A lice Huntington Bay andRacquet Club Tentative Tract No. 1 1 and Conditional Use Permit No . 85-1.5 along with Conditional Excepti Flo . 85-18 and Coastal Development Permit No. 85--2 is a request to sub �,t.�' de a 14 . 68 acre site into 13 lots and develop 42 condominium units wtEK 2 " additional boat slips . In order to provide a variation in the bui1 ^ ng roof lines the applicant is requesting a variance from Section XIVrP--Q,f the Fluntingtnn Say and Racquet Club Specific Plan to allow For a�� inrum building height of 48 feet, 3 feet over the 45 foot maximum. --Pr oject is within original jurisdiction of the Coastal Zone which rig irles a Coastal Development 'Permit . "( 2360d ) --14- P. C. April 16, 1985 . J quntington beach developmen services department srA ff . - W ■�� ...�..��r�Yl..ii��. y�rliirYYi..�Vw P TO: ,Planning Commission FROM: Development Services DATE: . April '16, 1985 SUBJECT: OZONE CASE NO. 84-15/NEGATIVE DECLARATION .NO. 84-33 APPLICANT: "' William C. Curtis DATA; ACCEPTED: 3200 Park Center Dr . Apra , 1985 •Suite 1160 — Costa Mesa , CA 92626 MANDATORY PROCESSING DATE: June 1 , 1985 REQUEST: ,Cnange of Zone from LUD " ( Limited Use District ) to 7,ONE: LUD ( Limited Use • LUD-01 ( Limited Use Di strict ) 'District.-combined with oil , • production. ) GENERAL PLAN: Industrial Resource Productioh ACREAGE : + 1 Acre EXISTING USE: Vacant 1 . 0 SUGGESTED ACTION: Adopt Negative Declaration 84-33 and approve Zone Case No . 84-15 with the findings outlined in Section 6 . 0 of this report . 2 . 0 GENERAL INFORMATION:' Zone Case No, 84-15 is a request to change the zoning of a 1 acre site from LUD ( Limited Use District ) to LUD-01 ( Limited Use D::atrict-combined. with oil. production ) . The subject site has been 'designated as a 'wetland' by the Department of Fish and Game and is in' the original permit jurisdiction therefore subject to the permit authority of .the California Coastal Commisaion . If an "01 ' designation is approved for the site , the applicant will be required to obtain a use permit from the Board of Zoning Adjustments and a Coastal Development Permit prior to drilling. rn addAtion , the zone change will be subject to the review of the Coastal Commission prior to use permit review . 3 . 0 SURROUNDING GENERAL PLAN, ZONING, LAND USE: subject Pro e.r ty GENERAL PLAN DESIGNATION: Industrial Resource Production ZONIr1G: LUD ( Limited Use Dis to ict ) LAND USE: V t f A•iM tJ• --J AltAOIMENT' i North of Sub ect Property GENERAL PLAN DESIGNATION: General Industrial ZONING: MIA (Restricted Manufacturing ) LAND USE: Orange County Flood Cont-qal. Channel South of Subject Property GENERAL PLAN .DESIGNATIOP: Industrial Resource Production ZONING: LUD ( Limited Use District ) LAND USE: Va^ant . East of Sub j}zct Property GENERAL PLAN' P.ESIGNATIOU: Industrial. Resource Production ZONING: LUD ( Limited Use District ) LAND USE: Vacant West of Subjp'ct Property GENERAL PLAN.- DESIGNATION: General Open Space ZONING: RA ( Residenf- ial Agricultural ) LAND USE: Vacant I I 4 . 0 ENVIRONMENTAL STATUS : On November 5 , 1985 , Draft Negative Declaration 84-33 was circulated for a 30-day. review in order to solicit comments from responsible State and local agencies . The Negative Declaration included a biological assessment prepared under the direction of the Department of Development Serviccs by the consulting firm of michael Arandman Associates . The staff received comments from the California Coastal Commission and Department of Fish and Game regarding the proposed zone change. These comments and staff responses have been incorporated into the attached Negative Declaration . Staff firmly believes that a sufficient amount of information has been generated through prior studies and the current analysis to enable the Planning Commission to make a decision on the Project ( Zone Case tio . 84-15 ) . Additional analyses would not provide the Commission with any new information. 5. 0 ISSUES AND ANALYSIS: jThe Zone Change request is intended to allow for the drilling of a gas/oil well on about a l acre site . The proposed oil operation will take place on the inland side of Pacific Coast highway approximately 403 feet northwest of Magnolia Street (see attached legal description and Exhibit B ) adjacent to the Orange. County Flood Control Channel . The requested 101 " designation permits "the drilling or boring of a new well into the earth for the- parpose of exploring font developing or producing oil , gas or other hydro- carbons , or .for the purpose of injecting water , steam or other any substance into the earth . " However , drilling cannot proceed until an Use Permit- is first obtained from the Board - of Zoning Staff Report .- 4/16/85 ( 2233d ) Adjustments ; pursuant to the requirements contained in Article 968 of the Huntington Beach Ordinance Code. The. applicant has indicated in his attached statement -that there will . be a ,tht4. `e phase program. The initial drilling will be for the recovery of gas to be sold to the Edison Company. Phase two will consist of off-site drilling of injection wells in the ,City of IJewport Beach . Phase three will involve securing an off-shore oil and gas lease from the State of California in order to slant drill for oil from the subject site. The -Department of Fish and Game has designated the subject site as a wetland which is defined as land within the Coastal Zone which may be ' covered pbriodirally or permanently with shallow water and include salt'. water marrhes , .freshwater marshes, open or closed brackish water marshes, swamps , mudflats and fens . a Because of this determination' :this area of the Coastal zone was "white holed" to allow, £or further studies . The City of Huntington Beach is currently, undertaki:ig a special study of the "White Hole " areas in the coast a•1•• zone ho determine future land use designations and development needs . Regardless of these studies, Staff views the proposed project as being consistent 'vith the Coastal Act, Section 30260 of the- Coastal Act- states , "coastal- dependent industrial facilities shall be encouraged to locate or expand within existing sites and shall be permitted reasonable long-term growth where consistent with this division . . . " Section 30262 further states , "oil and gas development shall be permitted in accordance with Section 30260. . . " The Coastal -Act clearly anticipated resource production as a desired use in the Coastal Zone subject to the mitigation of any adverse j environmental impacts . Staff views the proposal as consistent with the intent of the Coastal Act and policies of the City of Huntington Beach. All ,mitigation measures identified in the Biological Assessment should be incorporated as Conditions of Approval if a Use Permit For drilling is approved by the Board of zoning Adjustments. 6. 0 RECOMMENDATION: The staff recommends that; the Planning Commission approve Zone Change 84-15 and Negative Declaration 84--33 and- recommend adoption to the City Council with the following findings : 1. . The proposed oil operation will, be compatible with the surrounding Uses because compliance with Title 15 of the Huntington Beach Municipal Code will insure that the oil/gas operation is not detrimental to the .general health , welfare and safety •of the community. 2 . The Land- Use Element of the City 's General Plan designates the subject •propEr•ty as Industrial Resource Production which 3s consist-ent with the requested LUD-01 zoning . Further , the California Coastal Act permits industrial •development in the Coastal 'zone •( Sections 30260 , 300262) subject: to mitigation tne&svres outlined in the Negative Declaration . Staff Report 7 4/16/05 -3- ( 2233d ) 3 .' The Coaatai Element of the city 's General Plan states that the goal of coastal energy planni.n.g_ is to successfully balance the needs of regional ind . local communities , while encouraging the positive impacts of energy developments and mitigat•ing .their adverse affects. Further , the California Coastal Act States ,that.-coastal-dependent industrial facilities shdti-, be encouraged to locate: or expan . within existing sites and shell be permitted reasonable long term growth . ALTERNATIVE ACTION: As an alternative action , the Planning commission may 'consider continuing Zone Case No . 84"-15 and Negative Declaration No. 84•-33 to the next sc,eduled meeting to allow staff time to advertise a qualified ( ".Q" ) suffix can the 1 acre property. This designation would enable .-the Planning Commission to condition the zone came prior to the '.Board of Zoning Adjustments action on a Use Permit . The staff would recommend the following conditions ofapproval : 1 . Stridt' 'compliance with Title 15 of the Huntington Bea,.:h oil Code, specifically relating to sound attenuation , berming, run-off 'and emergency contingency plans . 2 . Access to the site shall be depicted on a detailed site plan and strictly adhered to . 3 . The oil/gas site shall be inspected as to conformance with ' Conditions of Approval prior to commencement of each phase of the operation . 4 . A berm should be constructed around the project site in order to isc;late it in case tidal action should be restored . 5 . The potentially adverse effects of night lighting on the surrounding salt-marsh can be mitigated by leaving the project site unlighted or by using low intensity or silvered globes. 6 . Prior to issuance of a drilling permit , the applicant shall restore beteeen 1 and 2 acres of "wetland' as determined by the Department of Fish and Game . 7 . The applicant shall obtain all required permits from responsible State agencies . • - I ATTACHMENTS: 1 . Area map j 2 . Section 30260 3 . Letter from applicant dated February 2 , 1965 4 . Negative ' neclaration No. 84 -33 JWP: HZ : kla Staff Report - 4/16/85 -4 - (223?d ) BIOLOGICAL R : OORCES ASSESSMENT NEGATIVE DECLARATION NO. 84-33 • • ZONE CHANGE REQIIFSI' Prepared for: City of Huntington Beach Department of Ddvelopment Services P.O. Box 190 Huntington Beach, California 92648 Prepared by: Michael Brandman Associates, 1ne. • 3140 Red Hill Avenue,Suite 200 Costa Mesa, California. 02626 (714) 641-8042 Contact Person: Larry D. Munsey October 1984 INTRODUCTION ' The biotic composition of the project site is described in this report from information "mpiled through field reconnaissance, supplemented by.4uady existing documentation of biological resources within the project vicinity. The site was surveyed on 'foot by the firm of Michael Brandman Associates, Inc. (MHA) on October 15, 1984. Weather at the time of the survey was mild, with a temperature of 75°T, clear skies arld a light westerly breeze. f• The physical nature of the property permitted a complete direct examination of all terrain within its confines. Floral and faunal constituents encountered were • recorded In terms of relative abundance and host habitat type, and the overall biotic composition of the site was derived from this information combined with documented habitat preferences of regional wildlife species which, wheicher or not detected during the survey, are known to Include the site within their range., Habitat designations used in this assessment are according to the basic classification system of Viunz and Keck (1959). floral taxonomy follows the current regional flora of Munz (1974). Vertebrates identified in the field by sight, calls, tracks, scat or other signs -are cited according to the nomenclature of Collins, et al. (1978) for j amphibians and reptiles; AOU (1983) for birds; and Jones, et al. (1982) for mammals. Authorities used for determination of sensitive biological resources are as follows; plants - FWS (1982), CDFG (1984), Smith, et al. (1980) and CNDDB (1984); wildlife - FWS (1982), CDFG (1980, 1983) and CNDDB (1984). Additional studies on rare and . ehdangered species in the project vicinity were consulted in the performance of this assessment and are cited appropriately in the following sections. RESOURCE DF5(.MPTION REGIONAL OVERVIEW The one-acre .project,site is located within an area known as the 11fintington Beach Wetland (CDFG 1982), a predominantly pickleweed coastal salt marsh located inland of Pacific Coast Highway (PC10 between the Santa Ana River and Deach Boulevard. The project site is within a 35.5•acre wetland parcel bounded by the Southern Californian Edison (SCE) power pllint on the northwest, Huntington Beach Flood 1 Control Channel on the northeast, Magnolia Street on the southeast and PCH on the southwest. The Huntington Bench Wetland is greatly reduced In size from its orIgihnI extent (see CDFG 1982 for a detailed discussion), and what remnins is highly degraded in nature. The California Department of Dish and Game (CDFG 1982) his detevalined that, of 150 acres of historic wetland in the Kuntington Beach Wetland area, 115 acres (76.5 percent) remain as viable or readily rostoratile wetland. • The entire system has bean cut off from tidal flow and several characteristic salt marsh plants dependent up' on daily tidal flushing may have disappeared from the Muntin ton Beach Wetland as a rasult. SITE CHARACIrERIZATION Vegetation The designation "wetland" is defined by CDFG MCP 1980) as "land which may be covered periodically or permanently with shallow water..." and by the U.S. Fish and Wildlife Service (FIVS) MCP 1980) as "...land where the water table is at, near or above the to surface long enough to promote the formation of hydric soils or to support-the growth of hydrophytic plants." The Huntington Beach Wetland, including the project site, fits the FWS wetland definition and-consists almost entirely of salt marsh habitat with associated ruderal plants at its fringe. The vegetatiop of the flat, one-acre project site is composed of a single plant community -- coastal salt marsh. Three plant species were recorded: common pickleweed (Salicornia vir 'nlen), aikeli heath (Frankenia gnindifolia) and saltgrass (Dist�ichlis s I�cata). All of these are native :species. The site has• become degraded through lack of tidal flushing. The absence of tidal exchange has resulted In a depauperate species diversity In a plant community characterized,by dead and dying pickleweed and stagnant pools of water. The site hro also been disturbed by a number of vehicle trails. 2 i Wildlife Most animals lilkely' to occur onscte are common, widespread and highly adoptable species. WhUe birds were the most conspicuous vertebrates onsite durjpg the survey, several species of mammals and reptiles can also be expected to occur. All vertebrates 'reeorded•or expected to occur regularly on the site are Ilsted In Table 1 of the. Appendix. Birds are abundant and conspicuous Inhabitants •of the coastal wetlands. Salt marshes, salt flats and estuaries boast more species and larger concentrations of birds per unit. area than perhaps any other ecosystem in temperate North Amertea. • However, few species actually nest in local salt marshes. Most nesting birds in coastal salt' marshes are small, inconspicuous landbirds. One such species, the Belding's savannah sparrow (Passerculus sandwictiensis beldin i), is 'a common j inhabitant of pickleweed salt marshes, Including the Huntington Beach Wetland, and was the only species noted onsite. Several individuals were observed foraging in the picklew•eed. This subspecies of savannah sparrow has been reduced in numbers, as has the extent of its habitat, and is now considered an endangered species by CDFG. Its status in the Huntington Beach Wetland is discussed chore fully In the following section. Other birds (that nest in the salt marsh are the song sparrow (INelospiza melodia) and western meadowlark (Sturnellaa ne Iecta) In the upper portions and*illdeer (Charadrius vociferus) on the salt flats. The most conspicuous mamtaal In the salt marsh is the desert cottontall (SylvllaQus audd6oni). Other mammals presumed to occur in .the vicinity are several nocturnal rodents, such as the western harvest mouse (Reithrodontomys megalotis), house mouse (Mus :mus c_ ul_u3,), norway rat (Ra�ttuss norve icus; and Bo-tta's packet gopher (Thomomys bottae). Predators such as the Virginia opossum (DidCIphis yirginiana), coyote (Canis latrans), long-tailed weasel (Mustela freenata) and striped skunk (Mephitis rne' hItItiis) are also Ukely to be present. Man and his pets, especially dogs, are also significant predators In wetland areim close to urban arenas. Several species of lizards and snakes can be expected to occur along the margins of eonstal wetlands within or near the project ae, ''he most likely would be the western fence Uzard (Sceloporus occident side-blotched lizard (Uta stansburlona), gopher snake (Pltuoehis melnnoloucus) and, perhaps, the common 3 kingsnake (LirnproPrltis_ e� ttulus). Ampi�iblans are unlikely on the site, As most species are not adapted to a marine or estuarine existence and cannot tolerate a saline environment. }f ••�.:R SENSrIM BIOLOGICAL RESODRCM 'Discussed within this section are: (1) species present' onsite which have been afforded special recognition by federal, state or local resource conservation agencies due principaity' to declining or limited population sizes resulting in most eases from habItait reduction; and (2) habitat areas onsite which are unique, of relatively limited distribution or particular vMue to wildlife. J Species The site was .examined for the presence of sensitive plant and animal species. No species of `plant designated threatened, rare or endangered by the U.S. Fish and �. WiItiife Service (FWS), California Department of FIsh and Game (CDPG), or California Native Plant Society (CNPS) was disclosed by the survey; however, one bird species of concern occurs within the project site. The state-endangered Belding's savannah sparrow breeds In the pickleweed marshes � between the• Santa: Ana River and Ocean Boulevard, it has been designated as endangered •at the state level as a result of Its decreasing population and Its dependence upon a diminishing resource, pickleweed salt marsh, for breeding. A census of breeding pairs In the Huntington Beach Wetlands in 1977 (Massey 1977) revealed 34 ,territo;Ial pairs between Beech Boulevard and Brookhurst Street. Another census of the site In 1983 by Wilcox (Flunt 1984) revealed 90 to 92 pairs breeding between Beach Boulevard and Brookhurst Street, an area which encompasses the project site. During the current assessment, at least three Individuals were counted can the project site and several others were seen in the near vicinity. The apparently subt,tantial increase In numbers of breeding pairs of savannah sparrows estimated from the Huntington Beach Wetlnnd between 1977 and 1983 is surprising. while the increase may be real and significant, the fact that the data 4 'have been reported by different investigators, perhaps using different censusing techniques and different duratloms of field effort, could exert a profound effect upon � the census results. Even If the increase is real, no census data for Intervening years are ava able�for comparison or for determination of short-term pp iulation trends. Other populations of the Beldi'ng's savannah sparrow occur locally in Upper Newport Bay, in the Bolsa Chica marshes and in Anaheim Bay. Other federal- and state-listed endangered species have, been observed utilizing nearby habitat. These are: o CalifornIa least tern (Sterna antillarum brown!), which feeds in estuarine areas and offshore and utilizes a breeding site on Huntington Beach less them one mile from the project site. o California brown pelican (Pelecanus occidentalis californlcus), which fishes in the near shore waters and breeds locally on the Channel Islands. o Light-footed clapper rail (Rnllus lon irostris levi es), which breeds locally In the cordgracs salt marsh in nearby Upper Newport Bay and Anaheim Bay. None of these species currently utilizes the project site. Tidal flushing, if it were restored, might attract the least tern because of the small fishes which might then occur in the channels. Only one sensitive coastal wetland plant species, the salt marsh bird's beak (Cord lanthus;ma' ritimus), has been found in the vicinity of Huntington Beach. It is listed as endangered by FWS, CDFG and C,NPS. This species is found in nearby Upper Newport Bay, but has not been recorded from the Huntington Beach Wetland, nor from the nearby Bolsa Chica Marsh. It was once a common plant of the upper salt marsh zone (Purer 1942), but its range has been greatly reduced. Currently, populations are known from Tijuana Estuary, Upper Newport Bay a iil Mugu Lagoon (Zedler 1982), This facultative parasite appat�ently requires inundation with cool freshwater fbUbwing- heavy rains In order to germinate. Stream channelization for flood control has diverted storm waters away from salt marshes that were once subject to periodic freshwater flooding. 5 Other local rare and endangered plants are found on coastal bluffs in the region but these are outside"the area of concern addressed In tills report. Habitat An environmentally sensitive habitat is defined by the California Coastal Act as an area in which piant• or animal life or their habitats are either rare or especially valuable because'of their special nature or role in an ecosystem and which could be easily disrupted by human activities and developments (Section 30107 of the Callfornia Coastal Act of 1976). Salt marsh Is the only environmentally sensitive habitat type within the project area. Wetlands are becoming increasingly significant In California as they continue to be lost to urban development. They play an important role in providing food and shelter for water-related wildlife, Including waterfowl, and are of special concern to various public agencies charged with managing and protecting game and non-game resources. The Department of Fish and Game (1982) has described pickleweed-dominated salt marshes as among the most productive natural plant communities on earth. Even though most of the Huntington Beach salt marsh, Including the project site, is degraded by lack of tidal flushing and by human overuse, these wetlands are of significant valdd to wetland-associated birds and have a high annual net productivity. ENVIRONMENTAL IMPACT Implementation . of the , project will result in the removal or disturbance of approximately one acre of salt marsh vegetation. Secondary Impacts Include increased vehicular traffic tc and from the project site, increased noise associated with oil riff operation and fragmentation of existing salt marsh linbitat.• + Construction aetivfty will disturb all wildlife in the vicinity and many species can be expected to move to adjacent areas of similar habitat provided it Is avnilabl` at the onset of activity. Wildlife which do emigrate are particularly vulnerable to 6 • t 4 . elimination by predation and unsuccessful competition for food and territority. Species of low mobility and those refusing to emigrate may be eliminated outright by site preparatibn. Following construction, some species will return to the developed portiohs of the site providing suitable habitat N present, though most will be dislodged "permanently by removal of habitat"suited to their existence. To the extent that they are tolerant of human presence, native wildlife will return to any natural open spaces surrounding the project�site following construction and continue to utilize this habitat provided it remains rel9tively unaltered and free of excessive human disturbance. Indirectly, wildlife populations in the immediate surrounding offsite areas will be • w affected adversely by -the general reduction of available habitat within the project area, as Wildlife from this area will be pressured to extend their foraging range into these surrounding areas. The small size of the development, however, limits this impact to small native mammal species and resident bird species. i JThe endangered Belding's savannah sparrow will be adversely Impacted through loss 'i of approximately one acre of habitat. Night lighting may be detrimental to animals In nearby natural habitats for a variety 1 of reasons. These include disruption of light-{lark daily rhythms and avoidance due to Increased exposure to bright lights. Some Insectivorous species benefit from lighting j because It attracts and concentrat^c Inrve numbers of insects for feeding purposes; however, th4 typical, net effect of `Ming is that adjncent areas are utilized by wildlife to less than their fullest extent. MMGA770M MEASURES � The project 'as proposed specifies the removal of `approximately one acre of salt marsh vegetation. To the extent that the surrounding area (approximately 34.5 acres) remains relatively free of human disturbaneb it will continue tp function as a component of-.the natairal ecology of the area except in the immediate vicinity of the new development. In order to lessen any impacts on tho surrounding area, it is recommended that the following mitigation measures be considered: t� 1. A berm should be constructed around the project site in order to Isolate It In Base tidal action should be restored. 2. Thcq: potentially adverse effects of night lighting on . � surrounding saltrnarsh can be mitigated by leaving the project site unlighted or by using low-intensity or silvered globes. The project•► site itself, however, represents an incremental'. albeit small encroachment' into the Huntington Beach Wetland that is .an unmitigable Impact of local concern, An alternative to the direct mitigation of project site impact might be the contribution by the city of Huntington 'Beach to an ongoing wetland restoration preiect. Several restoration projects In which the city might consider participation have peen proposed by other agencies. It is recommended that a committment be made to remove oil drilling equipment at the end of project life. ,g REFERENCES CITED • Am�erics' Ornithologists' Union (AOU). 1 983. The Check-List of• North American Big -6th ed. Allen Press, Lawrence, Kansas. 877 pp. . California Department of Fish and Gsme (CDFG . 0. -At' the''G�rossroads:. A wort on -t 'h .;Status of California's Endangered Wand Rare Fish and Wildlife. State 'of California Resources Agency, Sacramento, California. 147 pp- + • Addenda. California. DApartment of Fish and Game (CDFG). 1982;• Department of Fish and Game ;.Determination of 'the Status of the Huntington 'beach Wetlands. Photocopied ms. 35 pp. ' Callfornia napartment of Fish and Game '(CDFG). .1983. "List of Endangered, rare and Threatened Animals of California." Revised June 1, 1983. State of California Resources Agency, Sacramento, California. Photocopied list. 4 pp. California• Department of Fish and Game (CDFC). 19811. ."Deslgnated Endangered or Rare Plants." Summary list from Section 1904 Fish and Game Code (Native Plant` Protection Act). Revised July 1, ,1984. State of California Resources Agency, Sacramento, California. Photocopied list. 5 pp. California Natural Diversity.Data Base (CNDDB).: 1984. Data Base,Record Search for Information..on Threatened, Endangered,;. Rare or Otherwise San five Speeies and Corninunities in the Vicinity of l•iuntington Bea' 1 , Orange County, California. California Department 'of Fish and Game, State of California Resources Agency, Sacramento, California. Collins. J. T,, J.".E. Hukeey, J. Knight and H. M. Smith, 1978. "Standard Common and Current Scientific Naines for North American Amphibians and Reptiles." Sue. Study Amphibians and Reptiles. 1-1er . Cire. 7. Fish and.;Wildlife.Ser Nice (FWS). 1982. Endangered and Threatened Wildlife and Prints.• Federal Register 50 CFR 17.11 and 17.12. U.S. Department of the • Interlot, Reprint. 13 pp. Hunt, Harol .: 1984. "Biological Report for the Orange 1 WIdening Project-" Water • Re-search and Testing Unit, Transportation Laboratory. Unpubl. ms. 108 pp. + Appendices. Jones, J. K., Jr., , D. C. Carter, H. H. Genoways, R. S. Hoffman and D. W.' Rice. 1982. • "Revised Checklist of North American Mammals North of Mexico, 1982." Occas. Pap. rdus. Texas :aeh Uniy� No. 80. Local Coastal Program . Staff (LCP). 1980. "Background Report for Coastal Element: Environmentally Sensitive Habitats." local Coo'.tal Plen T03k ' 3.2.7. Gity of I•iuntington Beach, California. Massey, B. W. 1977.,,"A Census of the Breeding Population of the+ Belding% Savannah Sparrow in Californio, 1977.11 Nongarrte Wildl. Invest. Job 1.2. California Department of Fish and Game, Sacramento, California. 15 pp. ' Munz, P. A. 1974... 'A .Flora of Southern C-alifornin. University of*California Press, �..� Berkeley, California. 1086 pp. Alum, P. A'., and n. D. Keck. 1959. A California Flora. University of California Press,_Berkeley, California. 1681 pp. Purer, "Plant E. �1942. Plant Ecology of the Coastal Salt Ml arshlands of San Diego County." Ecol. Mo, nogr. 12:82-111. Smith r., ,.R. .1. Cole and J. G. Sawyer, Jr. 1980, Inventor of Rare and Endan• eyed Vascular Plants of California. Special Publ. No. 1 Und Edition), California-Native Plant Society. 115 pp. + Supplements._ Zedle,.' ,.1982. '. The Ecology of Southern'California Coastal Salt. Marshes: A P _mmunity Pro"file. U.S. Fishana Wildlife Service, Biological Services Program 'Washington, D.C. FWS/OBS-81-54. 110 pp. I f 10 August 1.986 NOTICE OF PUBLIC SEARING APPEAL TO PLANNING COMMISSION DIERNN OF ZONE CHANGE NO 84-3.5 NEGATIVE DSrAARATION NO 84-33 NOTICE IS HF.AEBY, GIVEN that the. Huntington Beac': City Council will hold a public hearing .jn the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and . at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE: Monday, August 18, 1986 TIME: 700 P .M. LOCATION: "A"- Inland side of Pacific Coast Highway between Magnolia and Newland Streets. _ "B"- Inland side of Pacific Coast Highway, immediately to the west of Magnolia Street, SUBJECT: Appeal to the Planning Commission' s denial of Zone Change No. 84 15 and Negative Declaration No. 84-33. Zone Change 8445 involves two alternative sites. Location "A" is a request to change the zoning on 1+ acre of property From Limited Use District-Coastal Zone (LUD-CZ) to Limited Use District - Coastal Zone - combined With oil production (LUD-CZ-01) for the purpose of drilling oil wells. At the August 4, 1986 meeting', the applicant agreed to revise his . zone change request by changing the location of the oil site to one immediately adjacent to Magnolia Street. Location "B" is a request to change the zoning on 1+ acre of property from Limited Use District - Coastal Zone _(LUD-(L) to Coastal Conservation - Coastal Zone combined with oil production (CC-CZ-01) , for the purpose of drilling oil wells. ENVIRONMENTAL STATUS : Negative Declaration No. 84-33 assesses the environmental impact of said zone change. ON FILE: Legal descriptions for both alternative sites are on file in the Development Services Office. ALL INTERESTED,;PFRSONS are invited to attecd said hearing and express opinions or submit evidence for or against the application as outlined Above. All applications, eihihits, and descriptions of this proposal are on file with the Office of the City Clerk, 2000 Main Street, Huntington Beach, California, for inspection by the public. HUNTINGTON BEACH CITY COUNCIL By: Alicia H. Wentworth City Clerk Phone (714) 536-5405 100 Dated August 5, 1986 r'1 Y� �=- y Publish August il, 1986 NOTICE OF PUBL IC S fiFAFLING APPEAL TO PLANNING COMMISSION DENIAL OF ZONE CHANGE NO 84-15 & NEGATIVE DECLARATION NO. 84-33 NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a put-lic hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE: Monday, August 18, 1986 TIME: 7:30 P.M. APPLICATION 'NUMBER: Zone Change No. 84-15 & Negative Declaration No. . 84-33 - Appeal -�' so dt opQ.�u' .t Co�s+ f�+�►� bc.�C,Qa,,�,. /`? 'a. ...,,� /1�?w(A.,d .s{ 1� LO : 2so*-V* Jiland side of Pacific Coast Highway, immediate) to the west of Magnolia Street. � tiV 1 J I)C5 (%U R }t,vKet�iVt S lit$ L a Cq,-�K,v►•�) 1 Y PROPOSAL: Appeal : to the Planning Commission's de ial of Zone Change:. No. 84-15. and Negative Declaration98 . Zone Chang® 84.15 . ,is a request to chap`g e the., - � zoning on l acre of property from Limited:Use Uistract�Coastai Zone ,.(LUQ=CZ) ,, t t Prod. -6"on to. Limited Use District - Coastal Zone - combined with, oil (LUD-CZ-0�) for the purpose of drilling all wells .d?k he'`August-4, 1986. meeting, ttie applicant agreed to revise:. his zone change request by, changing the location of the oil site to one immediately adjacent to Magnolia Street. x 0d ..rhp c� 11 WA PIS CA A vv%"& ;s -%- L�M u f- 71* C.A 'f& •EYYIRQNMENTAL STATUS: Negative Declaration No. 84-33 assesses the environ;nental impact of said zone change. ON FILE: Legal descri tiors�h eon. �t�e.v>��}�vt.s i� tee., on file in the 9 p t/01;Ad Qpt— Development Services Office. Zd fGuD -cL� ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined 7+p above. All applications, exhibits, and descriptions of this proposal are 4J on file with the Office of the City Clerk, 2000 Main Street, Huntington Beach, California, Eoi: inspection by the public. HUNTik',-TON BEACH CITY COUNCIL 6eO.J ro++ bf"d By: Alicia M. Wentarth p;/ � City Clerk Phone (714) 535-5405 Publish 7/22/86 NOTICE OF PUBLIC UMING APPEAL TO PLANNING COMMISSION DENIAL OF ZONE-CHANGE N0, 84-15'8 NEGATIVE DECLARATIOW.NO. 84=33 NOT ; µ ICE IS HMEBY GIVE that the Huntington Beach City Council will hold a Opublic hearing; in the Council Chamber at the Huntington. Beach Civic Ceat,er, 2000. `lain Street, Ruaringtan Beach, California, on the date ,and a: the ti=e indicated below to receive and consider the statemeats' of all persons who vish to be heard relative to the application described; below. HUNTIN�TON BEACH . DAT'ws Monday, AugUstCV, 1986 DEVEi pFFsENT SERV'I�rS 11U� TIME: 7:30 P. M. P: 0. sox 1W, Huntin�tar� fieach, (;A 1•_'�r}� 3_4PLICATION ". ME&. Zone Change No. 84-15 & Negative Declaration No. 84-33 Appeal LCCNA"ION: on the inland and side of Paci4ic Coast Hi hwa 1ae�ween a nol i a _.�..�. . 9 yi 9 p„- Appeal ,to(the. Plane no Commission' s denial o Zone, No. 84 15. and Negative Declaratio. No, 54-33, this item n' discussed by the. Counci 1 on 1986. Zone Clianae 84-15 i s a request to .change the zoning on. It acre of property from Limited Use D`is`rict - Coastal: Zone MD-CZ) to- L-imi ed 'Use,:District - Coastal Zone - Combined wi th oil production (LUD-CZ-01 ) for the purpose of dri 11 i ng .of 1- wel l s: A j AAXS'{ 5/ �e c�. r , tt reWl�ie.- tiTs ! 41C we. JO/V ENVIRO MTA s :� Negati�Qecl ara o" No: � 84�-33 assesses the env.i romm�entaI a-k' impact"bf said zone change. Fo f"0q off: Legal description on .the proposed gone change is on file in the Development Services Office. p +V . ALL • • , L'�.."t.-:.5TED` P�tSCtiS. are inW�ced to'.attend saidhea_:ag and express ,..�►s is «^ op`_tilons :or submit evidence for or again at the application as oual tied, above. A# applicaticns, exhibits-,,.and descriptions of. this proposal are oca file with the Office of the City.' Clerk, 2000 Main Street, Huntington .. teach, ' Calif aritia, for inspection by , the public. HL'N:I.NGTON BEACH CITY COUNCIL (K C,a,.�.S ide4^t By: Alicia M Weataor...t fi City Ptone {716) S36-5445 ly t _,4c- 4 �� j ' 1 ' Bitterwit Blvd.er Luke Property '611 Anton Daisy Thorpe/William 2icKennz " Costa Mesa, .CA 92626 3435 Wilshire Blvd,, 28 Flr. Attn; Ronald J. FeLice Los Angeles, CA 90010 'Gary Gorman State of California Fr.ierids of Huntington Public Works Dept. Wetlands Oil & Gas Division 9:122 Christine Drive 1416 9th Street j Huntington Beach, CA 92646 Sacramento, CA 95814 Donald Troy . Calif . . Coastal Commission 5272 Allstone Drive Huntington Beach, CA Southcoast Division PO. Box 1450 Long Beach, CA. 90801-1451 Attn: Chris Kroll Ruth Gallanter =�_ bey�•d cf �'Sta'te Coastal Conservancy 1330 Broadway, Suite 1100 1. Oakland, CA 94612 a:. �.•�tcti �`: F, ; c.; L s � Soutriern 1.CA Edison �r 733-1 Bol.sa Avenue :Westminster, CA 92683 ` Attn: M.U. Martin Orange County 'Flood Control P :0, Bor. 1078 Santa Ana, CA 92702 Au#rc,,rec 10 Pull'! Agverlil.aments of a s includinQ public notice$ oy 0ec►es of Ina Superior tour r Orange ounlr. Cehlornia NumfJer A•6214 dMod 29 S1018mber. 1961, and A4483 f dslyd it June. 1963 STATE OF CALIFORNIA County Of Orange PwK aommi 'Alivomm" cease by rot M4er,1 ,. W w r /rarw ,•M to PCs corrm 01mr► , Iq I bm a Citizen ol, the United States and a resident of �.: f r sai� •'I am aver"the a e of�el hteen the-_County a o, e , d, 9 , � ` years,''and,nol a party to or interested in the below entitled matter. 1 am a principal clerk of the Orange Coast DAILY PILOT, viith which is combined the NEWS-PRESS:-a nevus?aper of general circulation, pririted and pub.lished in the City of Costa Mesa, County of Orange, State of California, and that a Notice of PUBLIC HEARINGj ,' , Of which copy attached hereto Is a true and complete a° t .fw;ta r tart r copy, was printed an d published in the Costa Mesa, A wta °attoe Newport Beach. Huntington Beach, Fountain Valley, f�if�ltifwf8 '',1� HMV It rine. the South Coast communities and Laguna tin pa.� Beach issues of said newspaper for ? ►t + 'Mruf1'pY�:oirrfer, consecutive weeks to wit the issue(s) of ��{ 1 "a • C��tfM41M 10 err 1111� be oelMarl M, . T,., . 91Asa..G..r 0iiaorlNa b.ar,: 198 tG1T" 'MPls.t tfi 1 aw- � #M rfrl�Ilt tAlq!�[�sr i98 F. ' Ton`fiis�� r't'`r��sfx, �01• 198,,.._.._ 1913— cgISO I declare,;Under penalty of perjury, that the foregoing is true and correct. July 23 ��k,►tpw ..'d cuted can , 198 ` ,r. �I"'��i `RHT �:`, at C to Mesa, Ca,fornla. S neiure ifw►'.w►`MM po alilb PROOF OF PUBLICATION CITY OF HUN T'It' G T ON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK August 8, 1986 Wil.i iam Curtis 3200 Park Ceriter Drive #1160 Costa Mesa , CA 92626 Dear Mr. Curtis: On `August 4, 1986 the City Council continued the public hearing on your appeal relative to Zone Charge 84-15/Negative Declaration No. 84-33 to the August 18, 1986 Council meeting. Please note that your appeal has been readvertised for public hearing ,for this date with notification given. Enclosed is a legal notice for this hearing. Please call Jim Pal'in, Development Services Director - 536-5271 for further information. Alicia, M. Wentworth City Clerk AMW:CB bt Enclosure CC: Jim Palin, Development Services Director Gail Hutton, City Attorney IT4&P+ww-,7146A=11 ' N LWCTION R�QUI�� I'UR CITY COUI C Date July 7, 1986 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Adininistratorf--W.� James W. Palin Director Development Sea-vices top Prepared by: ' P Subject: ZONE CHANGE NO. 8 -15/NEGATIVE DECLARATION NO. 84-33 (APPEAL) WILLI AM CURTIS, A-PPLT:CANT Consistent with Council Policy? [ 1 yes [ ] New Policy or Exception Statement of issua, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: � This item was continued open from the City Council meeting of April 21 , 1986. Staff recommends that the Council continue action on this item . Staff will renotice the request for the meeting of August 4, 1986, in light of . controversy surrounding the "White Hole" area , to ensure notification to to any interested persons who may wish to attend. JWP:`JA z k l a ( 5552d ) j I Vw Ono film Page 2 - Council Minutes /7/86 From Waitemata: Angela Maree Drew, Lies. Dawn Patterson, eborah Lee Hall and Marld Masters. Froa.An o: Manato Iwase, Yukiko Masuda, Eiji Sugiyama and Reiko Xurono. Present to assist in 'the introduction eras 'fat Dapkus, City liaison to the Sis- ter Cities. PRE;SBNTATION - . "VOLUNTEERS OF THE MONTH" - MARCH/DIANE ADAMS .. APHIL/MMM Mayor Mandic presented plaques to "Volunteers of the Month" for the months of March, ,April and ;'May. "volunteer for the Month of March" was Diane Aaaims, volunteer with . the Library Patrons Foun at on at t e rary; "Volunteer, for the Mouth of .A ril'". was Norma Xapell for her many hours. with the senior citi- zens - and "Vo unteer. for the Month of May" was Mark Oppenheim who Yeas spear: many hours in the Emergency. Operating Center with Radio Amateur Civil Emer- gency Service (R.A.C.E.S. ) -INTRODUCTION -'NEW ZEALAND EXCHANGE GUARDS Max Bowman, Commuat.ty Services Director, introduced members of New Zealand Exchange (cards and the Mayor accepted a presentation to the Mayor - and City Council. Present were Melissa. Hockenhull of Mangawhai Surf Life" Saving; Club and Mark Flavel of brewa Surf .Life Saving Club,. Mr. Plavel presented a statue III to the Mayor. Also present was Captain Bill Richardson from 11B Beach Operations to' assist the Mayor. HUN n(GrON BEACH PRIDE PROGRAM - RBCEFTIOH SCaDULBD 7/21/86 TO HONOR FORM MA t}39..A WSERS OF ZITY FOR 50 YEARS 08 LOti6ER Couacllwoman.Bailey announced ` that. a reception had been scheduled for July 21, i986 gt 6:30 P.M. at the Civic Center to honor former Mayors and citixeas, who have been residents of the City for 50 years or longer. She stated that July was History Month. PUBLIC EFJlRING CONTINUED OPEN TO 8/4186 - 6PPI�AL TO PLANNING C��?�ll DENLIL BY ZONE CHANCE -15 -- NEW-TVB DECIAMION UM -- VnLUM CMT13 The-:Mayor announced that this was the day and hour set for a public hearing coutinue1q., open - from April 21, 1986 to consider an appeal pertaining . to Zone Case 6$,45 and Negative Declaration 84�33. The property under consideration Is located on the inland side of Pacific Coast Highway between Magnolia and Newland Streets. William Curtis is the applicant. i-. Plann1mg staff rec:ocamended that Council continue action on .this item and that staff re•-notLC%a ,1ha t�gv�tex..•,foz�. �aeeting of August 4, 1985, in 11&1!^ of, ,c! n coakrovaL�i µ it�uz i� the ,`Vhtta Halt",area, to ensuTa nctiflcaticn to any ` inersa�trd� sriotai lobo say wish to. attend i* xtvr. w.:,L_:,,..•..w•... ..r.:... .�xsa ,.�ems. .,. �... ..�wfti...f.N1AMaiM I1.A.ri N✓w� Jrt,.U..y�..:1l14.tl.w l.'•�^'•�'�""^" � .w.�.+wi. ... i.'i•:�.'j�'y;l.lL'i.=it..eY[:t.:�'Z1L11.. •�•}♦ thoi Matic» by Kitla.yt aeccmd MacAilistort Council dirteted that the public hear- , ' lag bit contiiumd .'opeo , to Au$uat 4, 1986 `�olth rr-publlcatiou and re-adthfica- t tioa. 1'tie notion carried by the following roll call vota: AYES: Kelly, XacAltister, Fluley, Matndle, Bailey, Green, 1honat, NOES: None ABSENT1 None REQUESf FOR CITY COUNCil. CTION Date A2ri,1 31.A 1986 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson , City Administrator Prepared by: James W. Palin, Director, Development 5ervices*� [c> Subject: ZONE CHANGE NO. 84-15/NEGATIVE )DECLARATION No. 8 ;1340 Consistent with Council Policy? Yes j ] New Policy or Exception 0" y/J416 Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: On November 18 , 1985, City Council continued action on Zone Cliange No. 84--15 and Negative Declaration No . 84--33 until April 21 , 1986 in order to allow completion of the "White Hole" area study Zone Change :No. . 84-15 is a request to change the zoning ' on a 11 a,cre site ftom Limited Use District,-Coastal 'Lone ( LUD-CZ ) to Limited Use District--Coastal zone, Combined with oil Production ( LUD-CZ-01 ) for the purpose of drilling oil wells . The property is located on the inland side of Pacific Coast Highway between Magnolia and Newland Street . The applicant originally indicated in his letter of appeal that action ;on his request should be continued until the study of the White Hole area was complete. The White Hole' Committee has had several meetings to discuss the issues involved in the white hole area . A. rep6tt has been prepared and � is scheduled for a public hearing before the Planning Commission on ;May b, 1996, with a subsequent City Council public hearing in .Tune; 1986 . Therefore, it would be premature to act on the zone change request at this time prior to review of this White Hole Report before the Planning Commission and City Council. RECOMMENDATION: Staff recommends that the City Council continue action on Zone Change No . 84-15 until July 7, 1986. JWP :NZ :kla ( 4628d ) s ma AM Page 2 - Council. Minutes - 4/21/86 Councilman Thomas arrived at the meeting. PUBLIC'"HEARING APPFAL TO PLANNING COMISSION DENLAL OF ZONE CHANGE 84-13 - RO TIVE 001WOR 94--33 - VILLIAR MIR - CONTMED The .Mayor announced that this was the day and hour set for a public hearing r_ontinued open from November 18, i985 for the purpose of considering as appeal to the denial by the Planning Commission of zone change l84-15 and Negative Declaration #84-33. ZC 84-15 is a request to change the zoning on + 1 (one) acre of property from Limited Use District - Coastal Zone (LUD�-CZ) to Limited 'iqe District .- Coastal Zone - combined with oil produetioa (LUD-CZ-01) for the pu .:pose of ,drilling oil wells. The property .is located ou the inland aide of Pa'ifie CoaAt Highway between Magnolia and Newland Streets. Negative Declsra- tion. No. 84-33 assesses the environmental effects of said zone change. C 'of ND /84-33 (67 es) is available for review in the City Clerk's Office. The.'City Clerk announced that all legal requirements for notification, publi- cation and .posting had been met, and that ahe had received no communications or written protests to the matter. The Director of Development Services presented a staff report. Williao. Curtis and Donald Troy spoke in opposition to another continuation of the matter and urgea Counc to approve Zone Change No. 84-15 and Negative Declaration No. 94-33 at this time. There being no one present to speak further on the matter and them further protests filed, either oral or written, the hearing was c' . Mayor. Following discussion, a motion was made by Kelly, seconded by Greer tinue 'aceion on Zone rase No. 84-13 and Negative Declaration No. 84-jJ 7, 1986 with renotification and republication, in order to allow review ai "White Hole" Report by the Planning Commission and the City Council. motion carried by the following roll call vote: r AYES.$ Kelly, MacAllister, Pinley, Mandic, Creen, Thomas NQCS: None ABSENT: Bailey 5 � PUHLIC WORKS - FEWULL OWNERS COMMMITY ASSN !1 PETITION FOR APPLICATION OP CVC SECTION MUM TO PRIVATE STRMS - APPV.IJVED -- RESOLUTION NO 56 - ADOPT-3 The Mayor announced that this was the day and hour get for a public hearing to consider a petition for application of S. 21107.7 of the State of California Vehicle Code to all streets within the Fernhill Owners Community Anon. fit Lots'l-121 incl:ssiva, Tract 5430 for vehicle code violation enforcement by the Police Department. The complex is located at the XW corner of Graham Street and Warner Aveuue. The City Clerk. announced) that all legal requirements for notification, publi- cation and posting had been met, and that the had received no comunicat'ous or Kritten protests to the matter, .l REQUES FOA CITY COUNCIL. ACTION Date November 7 , 19-8-5,^,, Submitted to: Honorable Mayor and City Council Submittedhy: Charles W. Thompson, City AdministratorCW Prepared by: James W. Plain, director , Development Services Subject: APPEAL OF PLANNING COMMISSION DENIAL OF ZONE CH GE NO. 64-15 and NEGATIVE DECLARATION NO. 84-33 Consistent with Council Policy? bQ Yes [ ] New Policy or Exceptinn Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF YSSUE At the May 21 , 1985 City Council meeting Zone Change 84--15 and Negative Declaration 84--33 was continued until November 18, 1985 . A six month continuance was approved in order to provide time for staff, to complete the study on the "white hole" area . Further direction was given by Council that staff was to re--advertise the public hearing for November IS - The study 'on the "white hole" area has not been completed. City staff has been working with the Coastal Conservancy and property owners in - order to complete the study . However , a number of issues have yet to be resolved. The applicant had previously requested the zone change be continued until the study was complete. Attached is the letter from the applicant dated April 24, 1985. staff is presently working diligently to complete the "white hole" area study and feels confident that the study and public hearing process will be completed by April 1986 . In light of the fact that the study and public hearing process will be completed in April, it would be appropriate to consider continuing Zone Change 84--15 until April . RECOMMENDATION The Department of Development Services recommends that the City Council continue action on Zone Change 84-15 and Negative Declaration 84-33 until April 21 , 1996, in order to alloy. completion of the •white hole ° area process . FUNDING SOURCE Not applicable ATTACHMENTS Letter from William Curtis dated April 24, 1985 JWP: FW: jr ( 3664d ) /° 0000 maa*1 REQUES# 'CAR CITY COUNCIOACTION Date M a v 10 . 1,�85_ Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson , City Administrator 1. Prepared by: ,lames W. Palin, Director , Development ServicesW 1%I&P APPEAL OF PLANNING COMMISSION DENIAL o" ZONR CHANGE Subject. 84-15 AND NEGATIVE DECLARATION NO. 84-33 Consistent with Council Policy? [x] Yes [ J Now Policy or Excoption Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Transmitted for your consideration is an appeal of the Planning Commission ' s disapproval of Negative Declaration No. 84-33 and den'ial 'of zone Change .No. 84-15 which is a request to change the zoning one + 1 acre of pruperty from Limited Use District - Coastal . Zone (ZUD =CZ ) to Limited Use District - Coastal Zone, combined with oil praduction ( LUD--CZ-Q1 ) for the purpose of drilling oil wells. The property is located on the inland side of Pacific Coast Highway between Magnolia and Newland Street . The applicant has indicated in his letter of appeal . ( attached ) that he is requesting continuance of any action by the City Council on the Zone Change request until the study on the "White Hole" areas are complete, `REGOMMENDA.Tim : The nepartnent of Development Services recommends that the City Council continue action on Zone Case 84-15 until a study of the Huntington Beach Wetlands has been completed in the "white hole" area, The Planning 'Commission held a public hearing on the negative delc;aration and the proposed zone change on April 16, 1985 . ON MOTION BY PORTER.. AND SECOND BY WINCHELL TO DISAPPROVE NEGATIVE DECLARATION 84-33 BY THE PLANNING COMMISSION, BY T�!E FOLLOWING VOTE: AYES: Rowe, , Winchell , Schumacher , Livengood , Porter , Micahangir NOES: Erski-he OW..MOTION .BY WINCHELL AND SECOND BY ERSK.INE -ZONE CASE NO. 85-15 - WAS :RECOMMENDED FOR DENIAL BY THE .PLANNING COMMISSION, BY THE FOLLOWING VOTE: ' AYM6 'Rave , Winchell ,' Schumacher , . Livengood . ' Erskine, Porter , Mir Jahangir' Non: . None f Mp�PM1 ANALYSIS: The zone change request presented in the report is intended to allow for the drilling of gas/oil wells on abo-' a 1 acre site. The proposed oil operation would take place on the inland side of Pacific Coast Highway approximately 403 feet northwest of Magnolia Street (see attached legal description ) adjacent to the Orange County Flood Control Channel . The requesteM "01 " designation permits "the drilling or boring of a new well into the earth for the purpose of injecting water , steam or any other substance into the earth . " However , drilling cannot proceed until a use permit is first obtained from the Board of Zoning Adjustments, pursuant to the requirements contained in Article 968 of. the Huntington Beach Ordinance Code. The applicant has indicated in his attached statement that there will be a three phase program. The initial drilling will be for the recovery of gas . Phase two will consist of off-site drilling of injection wells in the City of Newport Beach . Phase three will involve securing an off-shore oil and gas lease from the State of California in order to slant drill f^r oil from the subject bite . The Department of Fish and Game has designated the subject site as a wetland which is defined as "land within the Coastal Zone which may be covered periodically or permanently with shallow water and include salt water marshes, freshwater marshes, open or closed brackish water marshes , swamps, mudflats and fens . " Because of this determination this area of the Coastal Zone was "white holed" to allow for further studies . The City of Htin'tington Beach is currently undertaking a special study of the "white hole" areas in the Coastal lone to determine future land use designations and development needs . Regardless of these studies , staff views the proposed project as being consistent with the Coastal Act , Section 30260 of the Coastal Act states, "coastal--dependent industrial facilities shall be encouraged to locate or expand within existing sites and shall be permitted reasonable long-term growth where consistent with thi.s . division . . . " Section 30262 further ,, tates , "oil and gas development shall be permitted in accordance with Section 30260 . . . " The Coastal Act clearly anticipated resource production as a desired use in . the Coastal zone subject to the mitigation of any adverse environmental i.mpactr* . Staff views the proposal as consistent with the intent of the Ccastal Act and policies of the City of Huntington Beach .,. All mitigation measures identified in the Biological Assessment should be incorporated as Conditions of Approval ' if„ a Use Permit for drilling is approved by the Board of Zoning Adjustments . However, the Planning Commission in their discussi.or of the item, indicated that the application for a zone change was premature because of the study currently in Progress for the "white hole" area . RCA -- May .10, 1985 -2- ( 2427d ) ENVIRONMENTAL STATUS : On November 5, 1985, Draft Negative Declaration 84--33 was circulated for a 30-day review in order to solicit comments from responsible State and local agencieG . The Negative Declaration included a biological assessment prepared under the direction of the Department of Development Services by the consulting firm of Michael Brandman Associates. The a staff received comments from the California Coastal Commission and Department of Fish and Game regarding the proposed zone., change. These comments and staff responses have been incorporkted into the attached Negative Declaration . Staff believes that an adequate amount of information has been generated through prior studies and the current analysis to enable the City Council to make a dpzision on the zone change. FUNDING SOURCE: Not applicabl ALTERNATIVE ACTION I : The City Council may consider not to continue Zone Case 84-15 and Negative Declaration Nc 84-33 and deny the subject requests. ALTERNATIVE ACTION XI : As an alternative ection , the City Council may consider continuing Zone Case No , 84--15 and Negative Declaration No. 84-33 *Zo the next scheduled meeting to allow staff time to advertise a qualified suffix on the 1 acre property . This designation would enable the City Council to condition they zone case prior to the Board of zoning Adjustments action on a Use Permit . The staff would recommend the following conditions of approval : 1 . Strict compliance with Title 15 of the Huntington Beach Oil Code, specifically relating to sound attenuation , berming, run-oFf and emergency contingency plans . 1. Access to the site shall be depicted on a detailed site plan and strictly adhered to. 3. The oil/gas site shall be inspected as to conformance with Conditions of Approval prior to commencement of each phase of the operation . 4 . A berm should be constructed around the project site in order . to isolate it in case tidal action should be restored . 5. The poteniially adverse effects of night lightng. on :� the surrounding salt-marsh cdn be mitigated by leaving the project site unlighted or by using lov intensity or silvered globes. RCA - May 10, 1985 -3- ( 2427d) 6. Prior to issuance of a drilling permit , the applicant shall restore between 1 and 2 acres of "wetland" as determined by the Department of Fish and Came . 7. The applicant shall obtain all required permits from responsible State agencios. ATTACHMENTS 1 . Letter of Appeal 2 . Area Map 3 . Minutes of Planning Commission meeting April 16 , 1985 4 . Planning Commission staff report dated April 16 , 1985 5 . Negative Declaration 84-33 JWP :HZ :kla kh - May 10, 1985 -4- ( 2427d ) Page S - Council Minute S/21./85 The Development Services Director reported that negotiations were .-at yet complete and recommended that the matter be tabled by CounL;I. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Kelly, seconded by MacAllister, to table the public hearing to consider Zone Change 84-20, Negative Declaration 85-8 and proposed Ordinance po. 2757. The motion to table carried by the following roll call vote. : AYES: Kelly, MacAllister; Mandic, Bailey, Finley, Creen, Thomas , NOES: Done ABSENT: None PUDLIC:. HE'J1.RING - APP!:AL TO.- PLANNING COMMISSION DENIAL OF ZONE CHANGE 84 15 6 KSCATIVE DE ORATION 4-3 - WILLIAM CURTIS. - CONTINUED TO 13 18 5 F0NU7IO b VRITEHOLE COHMITTP.E TO BE DISCUSSED 6 85 Thr, . Hayor announced that this was the day and hour set for a public hearing to consider an appeal of the Planning Commission' s denial to Zone Change No. ` 84-15 and Negative Declaration No. 84 -33. Zone Change No. 84-15 is a request to change the tone on ± 1 (one) acre of property from Limited Use District E Coastal Zone (LUD-CZ) to Limited Use District - Coastal Zone - combined with i ril pzoduction (LUD-CZ-01) for the purpose of drilling oil wells. Tea property is located on the inland side of Pacific Coast Highway between Magnolia and Newland Streets. Negative Declaration No. 84-33 assesses the environmental effects of said none change. Copy of Negative Declaration r84-33 (87 pages) 'is available for review it; the City Clerk' s Office, i The Deputy City Clerk announced that all legal requirements for nctification, publication and posting had been met, and that she had received no co=unicatione or written protests to the matter. The Development Services Director presented a staff report . . Counrilmen . Green gave reasons why he believed an Environmental Impact Report , rather than a Negative Declaration, should be prepared on the project . The Mayor declared the hearing open. Willlaa Curtis addressed Council and stated his reasons why he concurred with the recommendation for continuance. A motion was wade by MacAllister, seconded by Kelly, 66"166ff EI the +publlt. '- lia'�t S, .�o�+lti�:E+o--b� rari�ithevi � 8 "To ith renotif ication in a proper manner. the notion carried by the following roll call vote : AYES1 Kelly, MacAllistev, Mandic, Bailey, Finley, Green, Thomas NQES.: None ASSENT: None Council discussed the procedure which should 'tie f of lowed for fomation of a "iihite Hole Committee" -and it wee decided to discuss the matter further June 3, 1985, ., �„V RECEIVED CITY CLt~4n IIV!I1' r1rr or �►;!;T iDN a"F'11, C•1I.IF. APR25 3 ,nA;f ��r f r 1 WILLI_AM CURTIS 3200 Park Center Dr. Suite 1.160 Costa Mesa, CA 92626 April 24 , 1985 Huntington Beach City Council Attn: ' .,,Ma. Alicin Wentworth, City Clerk 2000 Main Street Huntington Beach, CA 92648 Mayor Bailey and Members of the City Cou-ncil; We hereby appeal the Planning Commission decision to find Negative Declaration No. 84-33 inadequate and to recommend denial of Zone Case 34-15 relating to the establishment of an oil operation site inland of Pacific Coast Highway and North of Magnolia Street. The primary reason expressed by the Planning Commission. in reaching their decision was that a study to determine future uses, for this area was underway, and approval of our request would be .premature. The Commission did discuss the option of continuing the requests , pending completion of the study However, . we were not given an opportunity to comment on that. opportunity. We understand the. :Comrzissiozi' s desire to complete,, the study, and hope that you • appreciate our desire to proceed with- our request to establish an oil. operation ` site somewhere on. the property under lease. If we were given the opportunity to . eddie9s the Commission , we would have agreed to the option to contin"ue , the request, pending completion of the study, and would have .requested that we be given an opportunity to parti- cipate in the study. We' therefore respectfully ,request that yo'u co.ntinue action on; these ,applications pending completion of the study, and: PP y. t that: we .be a ointed to the Stud Committer. We also asr that the .study move forward as soon as possible to avoid unnecessary delay. Thank you '.for your consideration of this request. Respectfully Submitted, willi•am Curtis 15 ` 590 dr 48 - - �� .• ism �` _ ttQr_x ''. ate•• �� r �� !` hmp l/ISIL 31 .' • tad 94.OF AC 40 a rWX ~ O 93 ' L Q v •e •• I �V lb r -Y NOT£ —ASS OBIS e } 4 # ASSESSOR'S -WAP PARCEL NUArBERS- r 900K I!� PACE x t�-.. SHORW IN CLES COUNTP OF ORANCE POR S 1/2,SECS 8 20, T6S, R 10W. 114— t 7 6. No commerc:iam-lights shall be perm ' Z. The r comply with Article 24 of the 't3niform sire r e . • f C-4 ZONE CHANGE NO. 84_15/NEGATIVE DECLARATION NO. 84--32 • � F,ppl, licant : William C. Curtis Zone Case Ao. 84-15 is a request to change the zoning"Of a 1. acre site from LUD ( Limited Use District ) to LUD-01 ( Limited Use District-cormbined' with oil production ) . The subject site has been designated as a wetland" by the Department of Fish and Game and is in the origlnal permit jurisdiction tharefore subject to the permit authority of the California Coastal Commission . If an 0010 designatiort is' approved for the site, the applicant will .be required to .obtain � use permit from the Board of Zoning Adjustments and a . Coastal Development Permit prior to drilling. In addition, the zone change will be subject to the review of the Coastal Commission prior to use permit review. Chairman Livengood asked staff what the impact is on this "white hole" area if. any. Mike Adams of staff stated that the impact for this . part.icular action since it has not been acted upon by the Coastal Commission , they have chosen not to recognize any different zoning than-;'we presently have on the site which 'is Limited Use Disrrict , .tberefore any changes the city makes to the existing zoning would not be subject to Coastal Commission review. The Coastal Commission would review , however , if the applicant does get the- zone change, he will have to come back with a use permit which will be subject to Coastal Commission Review. commissioner Schumacher asked staff if this project was a9jacent to the Flood Control Channel . Staff stated yes . Commissioner asked staff it they planned to use the-road along the channel . Howard Zelefsky .of*. staff stated . y., r, that they want to stay as close to the FToi�d: Control Channel so there will be as little 6istuirbance to the wet land a s possible . Commissioner Schumacher questioned if they had permission to use tiro Flood Control Channel road . Staff stated that permisoion had been secured by the applicant . . THE PUBLIC HEARING WAS OPENED John Mandrell, Representative for William Curtis, stated that he generally in agreerpent with staff . He stated .that he would like,,to make a .,few, comments . tie stated that mr .. Curtis. had drilled name"rous wells in the sate . He stated that. he is currently drilling wells in Ventura County. He has assembled a team of experts in preparing ( 2360d ) -il-- P. C. Apr tl 161 1985 his proposal on this site . Regarding the phasing of -. this project .the first--phase on the one acre site consists of gas and oil production, He. is proposing to drill producing wells within the .-- limits of his lease. He stated that they were not proposing the typical production pump unit as accustomed to in Huntington Beach . He stated that if this is approved in the future he ;could probably , be expected to restore some wetlands to mitigate anything that occurred as a result of this operation . Gary Gorman, Representative for a local environmental: group called Friends of Huntington Wetlands , spoke in reference to the study session with the Planning Commission and the city Council on March 13, 1985 in regards of what to do with the "white hole" area . The California`. Coastal Conservancy was requestea *by the city to analyze the area to come ,up with some plans with this area . They are currently- studying this area . He stated it would be premature to make a zones change in an area with the future of it -yet to be decided. -Most of the City Council and the Planning Commission membe:rB , fel t the area was a wetland and most or all 'of A t should be restored . - He stated that staff contacted the Department of Fish and Game and they were very much opposed to drilling on this site . They felt that. :the. mitigation measures done would not offset the. loss created by; ,this project . He stated that he is opposed to the zone Change. and .iequested that it be denied or postponed until the California- Coastal Conservancy has a chance to decide what to do with the property. Bill Compton, area manager for the Southern California Edision Company, stated that he would like to clarify a few points that were made in the staff report . One which the Edision Company is interested, in purchasing the gas that is recovered . He stated that this was not true . The Edison Company has declined to enter into any type of an agreement in regards to slant drilling under their property. Donald Troy, a friend of Daisy Thorpe Picarelli owner of . the property, st::ted that he is in real estate and has tried to sell this land but unable to do so because of its being wetlands . Commissioner Erskine Psked Mr . Mandrel about .his plans for slant drilling in the future. Mr . Mandrell stated that Mr . Curtis wanted to "cl'arif.y his thinking into the future for the possibility of I drilling from injection wells into the offshore lease that belongs to.-the , City of Newport Beach . He stated that they still have to negotiate this deal with the city ant: that is not proposed at all in connectio'n .with this application . , There were no other persons to speak for or against the proposed ' . project and the public hearing was closed. Mike. Adams QF etL .J stated that a representative from, the State Coaatal Conservancy was present to answer any questions from the Commission .. (2360d ) -12- P. C. April '16 , 1985 s • ' Chairman Livengoo0asked the representative 10 the timing on this project impacts the study. Rtah Gallahter , , consultant to the Stare Coastal Conservancy who is working on the project with the City Council stated that the Conservancy. is in the middle of trying to deal with -all the property •� owners and who owns what rights to what. land for the .purpose of identifying. land that may be available for selling or swapping so that the wetlands restoration can be done in the mosT 'productive fashion. Since the area is a piece of the area they are studying, she was sent to this meeting to see how or what the Cbmmission was crying to do with- this section of the wetlands . She- stated that she hoped to identify the land that is available and work out an agreement with various land owners to develop a restoration plan . At the sta0e of developing the eestoration plan with rpecificss that is, where their is water , or where one might . or might not be able to handle oil. -drilling and appropriate berming, the California Coastal Conservancy would then best be able to deal with this question . That phase-. in the work is some way off . The Commission discussed which item to vote on first. Commissioner Porter felt that the negative declaration should as a matter of procedure ; a acted upon First . Commissioner" Porter motioned to deny Negative Declaration No . 84-33 based on the finding that the project is in a habitat identified to be occupied by endangered species and that it should require an Environmental Impact Report . Commissioner Erskine stated that he was against the zone change but stated that he was in favor of the Negative Declaration No . 84-33 because it included a biological assessment prepared under the direction of Development Services by the consulting firm of Michael Branden and Associates. He stated that this was adequate in place of an Environmental Impact Report. ON MOTION 8Y PORTER AND SECOND BY WINCHELL NEGATIVE DECLARATION NO. 84-33 WAS bENIED WITH FINDINGS BY THE FOLLOWING VOTE: AYES: Rowe , Winchell , Schumach-ir , Livengood , Porter , Mirjihangit NOES: . Erskine ABSENT: None ABSTAIN: None , Chairman hivengood stated that he could not support Zone Change No. a4-15 at this time with the information supplied tonight . He stated that maybe he could have some decision after the study was completed. Commissioner Rowe stated that he felt that there were major reasons for denying approval due to the fact that the whole area is open for study, ( 2360d) w13- P.C. April 16, 1985 Commissioner Erskine stated , that he was opposed tot a zone change. He stated "that the Commission must act in good faith for the Coastal Conservancy to give them additional time to see if this is an r- + appropriyta spot .or this use . Chairman Livengoed questioned the Commission or whether this should Q'i be _denied Q.r .continued. Mike Adams of staff stated -,Mwt if the Commission continues this item it will appear that they' are leaning towards a means 'or , a method Ly which you can approve this zoRie change. If the 'Commission continues this zone change simply for the sake of the, study , than I would recommend that the Commission ta;:e action. A cone change does not have to wait for any period of time and can cone back before the Planning Commission anytime . ON MOTION- BY WINCHELL AND SECOND BY ERSKINE ZOVE CASE NO. 84-15 WAS DENIED WITH .FINDINGS BY THE FOLLOWING VOTE : AYES: Rowe. Winchell , Schumacherfmacher , Livengooc , Erskine , Porter , Mirjahangir NOES: None ABSENT: None ABSTAIN: . None FINDINGS FOR DENIAL: 1 . The proposed uil operation will not be compatible with the surrounding uses . 2 . A zone Chande at this time may prejudice an ongoing study of ass essino and planning for the wetlands areas do the coastal zone between Beach Blvd. and the Santa Ana River being conducted at the direction of the City Council . 3 . A:: Zone Ckan9e within an area identified as a White Hole by the Coastal Commission is premature. C- CONDITIONAL USE PERMIT NO. 85-15, TENTATIVE TRACT NO. 11881 , XTIONAL EXCEPTION NO. 85-18, COA31TAL DEVELOPMENT .PERMIT NO. pp . Ifca Huntington Bay-and Racquet Club Tentative, ,Tract, No: 1 and Cond tional Use Permit No . 85-15 a Iona with Canditzonal .: Exeeptx lo.. 85-18 and Coastal Development Permit. No 9 .0 a9 .,68 acre 85p22 are ueium units wi dditional bo` p In or s,; to eub ide a I to intro 13 lots.. and develo 4 2 condamin a�t slip s. der pirovi'.de' a variation ` inm section XIV the Hs .the-' applicant `is gi�esti'n a v►arfance fro the , buil roof dine.. ., A ac,., 9,,; . . untington Bay and re R quet Club ;Specific Ptan to;,allow fora imum building he font of � 8 feet`, 3 .. Feet. over the 45 foot ma�timum . Th o ct is within �o origi"nal: jurisdiction of the Coastal Zone which r ires 'a Coastal Development 'Permit . (2360d ). -14- E .C. April 16, 105 I Mr . Richard A. Harlow Page 2 r have conducted a thorough evaluation and study of this property over the paiit five years and have accumulated the operation and drilling information of adjacent oil wells that has established the existence of 19-gravity "A Sand" at a depth of 4000 feet. We will drill to test the oil-bearing sand at 4000 ' and also to test a prolific producing sand in the West Newport Beach Field, the "Main Sand" at 5500 feet. This sand was encountered and produced by the Deeble #6 well which was drilled within 100 feet of the proposed :Jto location in 1955 and abandoned in 1972 by the Edison Plant to make way for a tans farm. It is my belief that this sand exists also under the Daisy Lease . This opinion its shared by Mr. Eugene Bottom, Geologist, Bartho Oil Company; Mr. Tom Cooke, Production Manager, AMINOIh; Mr. T .W. (Ted) Ehring, Consultant with Petroleum Industry Consultants, Inc. ; Mr . D . E. (non) Vandenberg, oil and Gas Consultant, all of whom have recent experience super- vising and drilling in sensitive .coastal areas . These four petroleiun experts will be retained for consultation during the drilling and installation phases of this program. I am also drilling and producing wells in Ventura County adjacent to the : City if Ojai . I wish to convey to the City of Huntington Beach that is my plan to install the most modern oil and gas . oper-- ation on the California Coast, and a model for other energy develop ments to coexist with environirentalists in high-valvie lard areas . DrilV.ng operations will comply with all t.nique problems involved in the, :candling of natural gas and transportation of hydrocarbons and . Will . comply with all requirements of Section :210262 to assure minimal environmental impact. � My future development programs include a second prase development, the offer to drill six waiver injection wells in the of f' hore lease of. , the City of Newport Beach, adjacent •"..o the Daisy Property. The � C4.ty of Newport Bench currently owns sixteen wells in that adjacent location. Phase Three is �to secure an offshore oil and ,gas lease from the Gtate of `,Californla (one-inile squarA adjacent to the beach to test deeper zones) . PieliniLiary meetings, with the State indicated no 'drilling would be permitt►,.d from platform drillsites , and ,that the Daisy Property ; locatic-n would be suitable for the testing and developing of offshore: operations . Please refer to the' sketch drawi ng anclosed for additiona i inforna- t.ion, In, the event you need additional information to pr 'cep' with your preparation for public' .hearing , I am available for consulta- tion at the office number 641-4718 or home numbnr 706-771a . Sinccr+el.y, William Curtis we/jm ' k William Curtis 37 Morena IRVINE , CA 92715 February 2, 1985 Mr. Richard A. Harlon-.- & Associates Planning and Governmental Relations 333 I-lest Yorktown Ave . Huntington Beach , CA 92648 Dear Mr. Harlow; This letter will outline the drillinq and development program of the 11:' Acre Daisy OU and Gas Lease in Huntington Beach, Cal'. for- nia, as requested by you in preparation for the public hearing to i be hala within the next thirty days. The surface location of the prospective wells lie within the boun- daries of the Pacific Coast highway on the west, Magnolia Street on the south, the flood control channel on the east, and the Southern California Edison Plant on the north . 7 have requested a 0 . 975 acre drilling site adjacent to the flood control on the east and the S .C .E. Plant . This will be an excellent drill site for our first c,as well, The target depth will be the "A" gas sand, 1400 fee, . This sand has been tested by the Exxon 42 well at two million 1,.CF per day , but not produced. If the well is successful. I plan to cnoke the well back to 800 , 000 M. C . F. per day . We expect to maintain this; production for twelve months and then a steep decline at which time we will drill, additional wells to maintain the production curve . Mr . Bill_ Compton, a Land Nan For S . C .E. , has verbally committed to purchase all gas that can be produced from this zone for the operation of the Southern Califr rnia Edison plant at the fair market price (approximately $3 50 per M.C .F. ; contract for twelve months take or prey :,an be negotiated) . The drilling time necessary for this well will be approximat-:ply five clays; completion will be an additional 10 days . The Completion Program would consist of running seven inch casing and 5" li.neL and installation of the well head connections (better known as a "Christmas Tree') . A sketch drawing is enclosed . The Planning Department m-ry wish to impose as a condition of the permlt, restriction of the storage of hydrocarbons and. storage facilities normally assot.iated with One separatien of o .l and water. Such a restriction would be acceptable, since &ftor oil production is established I will install a piprlirie to an existing tank fn. rin Iowated nearby . facilities and procedures shall be provided for accidental spills that do occur. �I Section 30233 , ' ( a) The diking, filling , or dredging of open coastal watets , wetlands , estuaries , and lakes shall be permitted in acordance with other applicable provisions of this division, where there is no feasible less a yironmes)ta11 damaging alternative, and where feasibl mftigaEi3n measu e '6een provided to minimize adverse environmental effects . and slsall he limited to the following : ( 1 ) New or expanded port, energy, and coastal-dependent industrial facilities , including commercial fishing facilities . ---'� ( 2 ) Maintaining existing, or restoring previously channels , turnin dredged , depths �.n existing navigationalch , g basins, vessel berthing and mooring areas, and boat launching ramps . ( 3 ) In wetland areas only , entrance channels for new or expanded boating facilities ; and in a . d egradee. wetland , identified by the Department of Fish and Game pursuant to subdivision ( b) of Section 30411 , for boating facilities if , in conjunction with such boating facilities , a substantial portion of the degraded wetland is restore) and maintained as a biologically productive wetland ; provided , however, that in no event shall the size of !:he wetland area used for such boating facility , including berthing spaee , turning basins, necessary navigation channels, and any necessary support service facilities , be greater than 25 percent of the total wetland area to be restored . • ( 4 ) In open coastal waters , other than wetlands , including streams , estuaries , and lakes , new or expanded boating facilities . ( 5 ) Incidental public sue. vice purposes , including but not limited to, burying cables and pipes or inspection of piers and maintenance of exis+ inq intake and outfall lines . Mineral extraction, in:luu;ng sand for restoring b %aches , except in environmentally sensitive areas . ( 7 ) Aestora�ian purposes. ( 3) Nature stud, , aquaculture , or similar resource dependent actavi.ties. ( b', Dredging and spoils disposal shall be planned and carried out to avoid significant disruption to marine and wildlife habitats and water circulation. Dredge spoils suitable for beach replenishment should be transported for such purposes to appropriate beaches or into suitable longshore current systems . ( c) In addition to the other provisions of this section, diking , filling , or dredging in existing estuaries and wetlands shall maintain or enhance the functional capacity of the wetland or. estuary. Any alteration of coastal wetlands identified by the Department of Fish end Game, including , but not limited o, the 19 coastal wetlands identified in its report entitled , "Acquisition Priorities j for the Coastal Wetlands of California" , shall be limited to eery minor- incidental public facilities , restorative measures , nature study , commercial fishing facilities in Bodega Pay , and development in already developed parts of south San Diego Bay, if otherwise in accordance with this division. For the purposes of this section., "commercial fishing facilities in Bodega Bay" means that not less than 80 percent of all boating facilities proposed to be developed or improved , where such improvement would create additional berths in Bodega Bay , shall be designed and used for commercial fishing activities . ;d) Erosion control and flood control facilities constructed on watercourses can_ impede the movement of sediment and nutrients which %:,ould otherwise be carried by storm runoff into coastal waters . To facilitate the continued delivery of these sedin.:tnts to the littoral zone , whenever feasible , the matey al remove from these -FacIlIties may_ be 21aced at ap2r02riate points on the shoreline in accordance with other applicable 2rovisions of Ehis division, where feasible mitigation measures have been PPr--o- vi- ded to minimize adverse environmental effects . As ects that shall a cons tiered before issuing a coastal development permit for such 2ur2oses are the method of placement, time of year of placement, and sensitivity of the placement area , (Amended by Ch . 673 , Stats . 1918 . ) ( Amended by Ch . 431 Stats. 1982 . ) Section 3041.3 . ( a) The Department of Fish and Game and the Fish and Game Commission are the principal state agencies responsible for the establishment and control of wildlife and fishery management programs z,nd neither the commission nor any regional commission shall establish or impose any controls with respec' thereto that duplicate or exceed re-lul.atory controls es; _`. , ished by such agencies pursuant to specific statutory requirements or authorization. ( b) The Department of Fish and Game, in consultation with the commission and the Department of Navigation and Ocean Development Boating and Waterways , may study degraded wetlands and identify those which can most feasibly be restored in conjunction with development of a boating facility as provided in subdivision ( a) of Section 10233 , Any such study shall include consideration of all of the fullowing: ( 1) Whether the wetland is so severely degraded and its natural processes so substantially impaired that it is not capable of recovering and maintaining a high level of biological productivity without mayor restoration activities . ( 2) Whether a substantial portion of the degraded wetland, but in no event less than 75 percent, can he restored and maintained as a highly productive wetland in conjunction with a boating facilities project. ( 3) . Whether restoration of the wetland ' s natural values , including its .biological productivity and wildlife habitat features, can most feasibly be achieved and maintained in conjunction with a boating facility or whether there are other feasible ways to achieve such values . ( c) The Legislature finds and declares that salt water or brackish water aquaculture is a coastal-dependent use which should be encouraged to augment food supplies and to , further the policies sat forth in Chapter y ( commending _with Section 825) of Division 1 . The Department of Cish and Game may identify coastal sites it deems appropriate for aquaculture facilities. If the department identifies such sites , it shall do so by October 1, 1080 , and shall by, the, same date transmit information idenlif.ying such sites to the 'r commission and the relevant local government agency . The commission, and where appropriate , local governments shall , consistent with the coastal planning requirements of this division, provide for as many coastal, sites identified by the Department of Fish and Game for such uses as are consistent wit'i the policies of Chapter 3 ( commencing with Section 30200 ) of this division . (Amended by Ch. 187 , Stats . 1979 . ) Section 30412 . (a) In addition to the provisions s,. t forth in Section 13142 .5 of the Water Code, the provisions of this section shall apply to the commission and the State Water Resources Control Board and the California regional water quality control boards , (b) The State Water Resources Control Board and the California regional water quality control boards are the state agencies with primary responsibility for the coordination and control of water quality. The State Water Resources Control Board has primary responsibility for the administration of water rights pursuant to applicable law. The commission shall assure that proposed development and local coastal programs shall not frustrate the provisions of this section. Neither the commission nor any regional commission shall , except as provided in subdivision ( c ) , modify, adopt conditions , or take any action in conflict with any determination by the State Water Resources Control Board or any California regional water quality control board in matters relating to water quality or the administration of water rights . Except as provided in this section, nothing herein shall be interpreted in any way either as prohibiting or limiting the commission, regional commission , local government, or - port governing body from exercising the regulatory controls over development pursuant to this division in a manner necessary to carry out the provisions of this division . ( c) Any development within the coastal zone or outside the coastal zone which provides service to any area within the coastal zone thet constitutes a treatment work shall, be reviewed by the commission and any permit it issues , if any, shall be determinative only with respect to the following aspects of such development : cutside of existing terminal areas shall be situated as to avoid risk to environmentally sensitive areas and shall use a monobuoy system, unless an alternative type of system can be shown to be environmentally preferable for a specific site. Tanker facilities shall be designed to ( 1 ) minimize the total volume of oil spilled , ( 2) minimize the risk of collision from movement of other vessels , ( 3 ) have ready access to the most effective feasible containment and recovery equipment for oiispills , and ( 4 ) have onshore deballasting facilities to receive any fouled ballast water from tankers where operationally or legally required . ( b) Because of the unique problems involved in the importation, transportation, and handling of liquefied natural gas , the location of terminal facilities therefore shall be determined solely and exclusively as provided in Chapter 10 ( commencing with Section 5550 , of Division 2 of the Public Utilities Code and the provisions of this division shall not apply unless expressly provided in such Chapter 10 . i ( Amended by Ch . 855 , Stats . 1977 . ) Section 30262 . 1111111 10 Oil and gas development shall be permitted in accordance with Section 30260 , if the following conditions are met : ( a ) The development is performed safely and consistent with the geologic conditiors of the well. site. ✓� New or expanded facilities re aced to cue development are consolidated , to the maximum extent feasible and legally permissible, unless consolidation will have adverse environmental consequences and will not significantly reduce the number of producing wells, support facilities , or sites required to produce: the reservoir economically and with minimal environmental impacts . (c) Environmentally safe and feasible sub3%jere completions are used when drilling platforms would substantially degrade coastal visual qu use of ssu:11 structures will result in substan environmental risks. ' (d) Platforms or islands will not he sited substantial hazard to vessel traffic might re 000 .......... facility or related operations , determined in consultation with the United States Coast Guard and the Army Corps of Engineers . (e) Such development will not cause or contribute to subsidence hazards unless it is determined that adequate measures will be undertaken to prevent damage from such subsidence. (f ) With respect to new facilities, all oilfield brines are reinjected into oil-producing zones unless the Division of Oil and Gas of the Department of Conservation determines to do so would ad--iersely affect production of the reservoirs and unless injection into other subsurface zones will reduce environmental risks . Exceptions to reinjections will be granted consistent with the Ocean Waters Discharge Plan of the State Water Resources Control Board and where adequate provision is made for thz elimination of petroleum odors and water quality problems . Where appropriate , monitoring programs to record land surface and near-shore ocean floor movements shall be initiated in locations of new large-scale fluid extraction on land or near shore before operations begin and shall continue until surface conditions have stabi _ ized . Costs of monitoring and mitigation programs shall be borne by liquid and gas extraction operators . Section 30263 . ( a) New or expanded refineries or petrochemical facilities not otherwise consistent with the provisions of this division shall be permitted if (1 ) alternative locations are not feasible or are more environmentally damaging; ( 2 ) adverse environmental effects are mitigated to the maximum extent feasible; ( 3 ) it is found that not permitting such development would adversely affect the public welfare ; ( 4 ) the facility is not located in a highly scenic or seismically hazardous area , on any of the Channel Islands, or within or con- iguous to environmentally sensitive areas ; and ( 5 ) the facility is sited so as to provide a sufficient buffer area to minimize adverse impacts on surrounding property . ( b) in addition to meeting all applicable air quality standards, new or expanded refineries or petrochemical facilities shall be permitted in areas designated- as air LEGEND .• COMALSALTFLAT �,►� '� i �1// FLOCIOCORMLOIKU IL t RUTORMLE AREAS �. �♦ �.. - r t► i �• GMN COASTAL MOVE BMINDARY rffi * !'I _ '�� C-PI LEAST TERM 5-ACRE NESTING 1Af#MARY Ilk op aff Nat MAI `v�� G• �• •ir �•nu� fir � ��♦ � �• .r.,� �' .t =Rua.••• „A � '-�`�,,,,r�� i • �1 /. . " . WIFT � ►13t ,fit� -.: • • waffolom i f i i services and basic industries vital to the economic health of the region, state, or nation, public recreation, commercial recreation , and visitor-serving land uses shall not be precluded by other development. Section 30255 . Coastal-dependent developments shall have priority over other developments on or near the shoreline . Except as provided elsewhere in this division, coastal-dependent developments shall not be sited in a wetland . When appropri.ate, coastal-related developments should be accommodated within reasonable p,oximity to the coastal- dependent uses they support. (Amended by Ch . 1090 , Stats. 1979 . ) ARTICL7 7 NDUST L DEVELOPMENT Section 30260 . Coastal-dependent industrial facilities shall be encouraged to locate or expand within existing sites and shall be permitted reasonable long-term growth where consistent with this division. However, where new or expanded coastal-dependent industrial facilities cannot feasibly be accommodated consistent with other policies of this division, they may nonetheless be permitted in accordance with this section and Sections 30261 and 30262 if ( 1 ) alternative locations are infeasible or more environmentally damaging ; ( 2 ) to do otherwise would adversely affect the public welfare; and ( 3 ) adverse environmental effects are mitigated to the maximum extent feasible. Sect 261 . . ( a ) Multicompany use of existing and new tanker facilities shall be encouraged to the maximum extent feasible and legally permissible , except where to d%j so would result in increased tanker operations And associated onshore development incompatible with the land use and environmental goals for the area. New tanker terminals R2 u 0 'Cos — P. ' C 1RI 1 RI ni ti no .._..M. .., , CF•E . RI •, , wl nl 111 RI ► •rn.rs 111 'la- o �. .., C F-F Fit— _ MIA - RI NI At I'llCF--R hCr�_ All t � 1 V � � r— zx� j S (� ----- R R( RI •Q- it 1 RA A 1 Al rr I'A'0 4 R t RI !J - ■ 111 ' LUD-0fit MI R I _ ` al RI RI pl r A! 3 AI MH AI u R! • RI �' `. k ► All . • M2-'0 RI rltr RI 1 M G-0 r.+. " R I 1 r R i �166 Rl CF•R � �.._. +M RI, R I R I C� ,�' Sr �C •. 4 . RI RI ILU01 LWTlW UIIK p�TRK7 t ` AI " RI RI RI a .F.\ LUM LWTCD WC O11cYRICY • •r• RI `e "011 sill I C�`� (LUD)LMIRTED USE DISTACT Rf • ' 'C4 i (LUO) LMTED U3E CRT A �C.,'0 c \ i w w --{��, !s,�i •lam��•, t~ i f Adjustments, pursuant to the requirements contained in Article 96B of the Huntington Beach Ordinance Code. The applicant has indicated in his attached statement that there will be a three phase program. The initial drilling will be for the recovery of gas to be sold to the Edison Company. Phase two will consist of off-site drilling of injection wells in the City of Newport Beach . Phase three will involve securing an off-shore oil and gas lease from the 5cate of California in order to slant drill for coil from the subject site. The Department of Fish and Game has designated the subject site as a wetland which is defined as "land within the Coastal zone which may be covered pericdically or permanently with shallow water and include salt water marshes , freshwater marshes, open or closed brackish water marshes, swamps , mudflats and fens . " Because of this determinalCion this area of the Coastal Zone was "white holed " to allow for further studies. The City of Huntington Beach is currently undertaking a special study of the "White Hole" areas in the Coastal Zone to determine future land use designations and development needs. Regardless of these studies, Staff views the proposed project as being consistent with the Coastal Act, Section 30260 of the Coastal Act states , "coastal- dependent ;r:dustrial facilities shall be encouraged to locate or expand within existing sites and shall be permitted reasonable long--term growth where consistent with this divis-ion . . . " Sectio', 30262 further states , "oil and gas development shall be permitted in accordance with Section 30260. . . " The Coastal Act clearly anticipated resource production as a desired use in the Coastal Gone subject to the mitigation of any adverse environmental impacts . Staff views the proposal as consistent with the intent of the Coastal Act and policies of the City of Huntington Beach . All mitigation measures identified in the Biological Assessment should be incorporated as Conditions of Approval if a Use Permit for drilling is approved by the Board of Zoning Adjustments . 6. 0 RECOMMENDATION: The staff recommends that the Planning Commission approve zone Change 84-15 and Negative Declaration 84-33 and recommend adoption to the City Council with the following findings: 1 . The proposed oil operation will be compatible with the surrounding uses because compliance with Title 15 of the Huntington Beach Municipal Code will insure that the oil/gas operation is not detrimental to the general health , welfare and safety of the community. 2 . The Land Use Element of the city 's General Plan designates the subject property as Industrial Resource Production which is consistent with the requested LUD-01, zoning. Further, the California Coastal Act permits industrial development in the Coastal Zone (sections 30260, 30262 ) subject to mitigation measures outlined in the Negative Declaration. Staff Report - 4/16185 -3- (2233d ) 3 . The Coastal Element of. the City ' s General Plan states that the goal of coastal energy planning is to successfully balance the needs of regional and local cowunities , while encouraging the positive impacts of energy developments and mitigating their adverse affects . Further , the Californa ,a Coastal Act states that coastal-depen?aiti. industrial facilities shall be encouraged to locate or expand within existing sites and shall be permitted reasonable long term growth . ALTERNATIVE ACTION: As an alternative action , the Planning Commission may consider continuing "one Casa No . 84-15 and Negative Declaration No . 84 -33 to the next scheduled meeting to allow staff time to advertise a qualified ( "Q" ) suffix on the 1 acre property . This designation would enable the Planning Commission to condition the zone case prior to the Hoard of Zoning Adjustments action on a Use Permit. The staff would recommend the following conditions of approval : 1 . Strict compliance with Title 15 of the Huntington Beach Oil Code , specifically relating to sound attenuation , berming, run-off and emergency contingency plans . 2 . Access to the site shall be depicted on a detailed site plan and strictly adhered to. 3 . The oil /gas site shall be inspected as to conformance with Conditions of Approval prior to commen ,ement of each phase of the operation . 4 . A berm should be constructed around the project site in order to isolate it in case tidal action should 5e restored . 5 . The potentially adverse effe.:!ts of night lighting on the surrounding salt-marsh can be mitigated by leaving the project site unlighted of by using low intensity or silvered globes . 6 . Prior to issuance of a drilling permit , the applicant shall restore between 1 and 2 acres of "wetland" as determined by the Department of Fish and Gaine. 7 . The applicant shall obtain all required permits from responsible State agencies . ATTACHMENTS: 1 . 1&rea map 2 . .Section 30260 3 . Letter from applicant dated February 2 . 1985 4 . Negative Declaration No . 84-33 uWP: NZ: kla Staff Report ,- 4,/16/85 -4- ( 2233d ) huntington beach development services department STAf f EPOR TO: Planning Commission FP..OM: Development Setvices DATE: April 16, 1985 SUBJECT: 'GONE CASE NO. 84-15/NEGATIVE DECLARATION NO. 84-33 APPLICANT: William C. Curtis DATE ACCEPTED: 3200 Park Center Dr . April , -1995 Suite 1160 Costa Mesa , CA 92626 MANDATORY PROCESSING -DATE: June 1. 1985 REQUEST: Change of Zone from LUD ( Limited Use District ) to ZONE: LUD ( Limited Use LUD-01 (Limited Use District ) District--combined with oil production ) GENERAL, PLAN: Industrial Resource Production AV.kEAGE : + 1 Acre EXISTING USE: Vacant 1. 0 SUGGESTED ACTION: Adopt Negative Declaration 84-33 and approve Zone Case No. 84-15 with the findings outlined in Section 6.0 of this report . 2. 0 GENERAL. INFORMATION: Zone Case No . 84-15 is a request to change the zoning of a 1 acre site from LUD (Limited Use District ) to LUD-01 (Limited Use District-combined with oil production ) . The subject site has been designated as a 'wetland" by the Department of Fish and Game and is in the original permit ;urisdiction therefore subject to the permit c:'_�thority of th? California Coastal Commission . If an 0010 designation is approved for the sitef the applicant will be required to obtain a use permit from the Board of. Zoning Adjustments and a Crustal )evelopment Parmit prior to drilling, in addition, tho zone change will be subject to the review of tfle Coastal Commission prior to une permit review. 3 .0 SURROUNDING GENERAL PLAN, ZONING, LAN : Subject Property GENERAL PLAN DESIGNATION: Industrial Resource Production ZONING: LUD ( Limited Use District ) LAND USE: V &UT A-FM-276 North of Subject Property GENERAL PLAN DESIGNATION: Genera Industrial ZONING: MIA ( Restricted Manufacturing ) LAND USE: Orange County Flood Control Channel South of Subject Property GENERAL PLAN DESIGNATION: Industrial Resource Production ZONING: LUD ( Limited Use District ) LAND USE: Vacant i East of Subject Property_ GENERAL PLAN DESIGNATION: Industrial Resource Production ZONING: LUD ( Limited Use District ) LAID USE: Vacant West of Subject '-roperty GENERAL PLAN DESIGNATION: General Open Space ZONING: RA ( Residential Agricultural ) LAND USE: Vacant 4 . 0 ENVIRONMENTAL STATUS : On November 5, 1985 , Draft Negative Declaration 84-33 was circulated for a 30-day review in order to solicit comments fron, responsiLle State and local agencies . The Negative Declaration included a biological assessment prepared under the direction of the Department of Development Services by the consulting firm of Michael Brandinan Associates . The staff received comments from the California Coastal Commission and Department of Fish and Game regarding the proposed zone change. These -.omments and staff responses have been incorporated into the attached Negative Declaration . Staff firmly believes that a sufficient amount of information has been generated through prior studies and the current analysis to enable the Planning Commission to make a decision on the Project ( Zone Case No . 14-151 , Addit4onal analyses would not provide the Commission with any new information. 5. 0 ISSUES AND ANALYSIS: The Zone Change request is intended to allow for the drilling of a gas/oil well on about a 1 acre site . The -proposed oil operation will take place on the inland side of Pacific Coast Highway approximately 403 feet northwest of Magnolia Street (see attached legal description and Exhibit B) adjacent to the Orange County Flood Control Channel . The requested 001 " designation permits "the drilling or boring of a new well into the earth for the purpose of exploring for , developing or producing oil , gas or other hydro- carbons, or Eor the purpose of injecting water , steam or other any substance into the earth . " However , drilling cannot proceed until an Use Permit is first obtained from the Hoard of Zoning Staff.,Repor.t ,, -,. 4/16/85 -2- ( 2233d ) NEGATIVE DECLARATION 84-33 CURTI S 0I1. ZONC CASE 84-15 Change of zone from LUD ( Limited Use District ) to LUD-01 ( limited Use District — combined with oil production) i 1 ' J ......... CITY OF HUNTINGTON BEACH IN L STUDY OF ENVIRONMENTAL IMPAt 1 . BACKGROUND 1 . Appl icant William Curtis ?, Address 3200 Park Center Drive z. Telephone ( 714 ) 641-4 718 4 . Project�Locat.iun aY tL, s ae,.o P , C . FI 400 _ ft ,_ west of Maanvlia _ ',. PrnJect Titlp,/D s�ript. inn zone Case ,.84-15/Negative Declaration _84 33 _ 0. !late �SgPk.e;nber 4,, 19F4 ll . ENVIRONMENTAL IMPACTS: (Explanations of all "Yes" and "Maybe" answers are required on attached sheet) . 1 . Physical Environment: Will the project have a significant impact on the physical environment with respect to: a ) hydrology, b) air quality, c ) geology, d) flora and fauna , e) noise, f) archaeological/historical . Yes X Maybe No Other 2. Impact of Environment on Project: Wili the project be subject to impacts from the surrounding environment? i .e. , natural environment: manmade environment. Yes Maybe __ No X 3, Impacts an Public Services : Will the protect have a significant impact upon, or rv- su t in a need for a new or altered government service in any of the following areas : fire, police, schools, parks or other governmental agencies . Yes Maybe No __X 4. impacts -on Traffic/Circulation: Will project result in substantial vehicular move- ment, or impact surrounding circulation system, or increase traffic hazard? Yes Mayne No _ x '., . Will the project result in a substantial alteration or have a negative affect on the existing: land use, population/housing, energy/utilities , natural resources, human hea l th? Yes Maybe No X 4 M it. Other ;;��„t ia1 environmental impacts not discussed above (set attached sheet) , [ [ I . OTHER RESPONSIBLt !'�FNr;ES AND/OR PERSONS CONTACTED ( X ) See Attached ( ) Not Applicable IV . MANDATORY FINDINGS OF SIGNIFICANCE: 1 . Will project degrade quality of environment? Yes Maybe No _ X 2. Will project achieve short-term goals to the disadvantage of long-term enviroill%-ntas goals? Yes Maybe No X 3. Does the project have impacts which are individually limited but cumulatively considerable? Yes Maybe No x 4 . Will the project adversely affect human beings either directly or indirectly? Yes Maybe No V. DETERMINATION ( ) Negative declaration X Negative Declaration With Mitigation ( } Environmental Impact Report DATEz SIGNATUREfkucd,z ' r � II . l (d) The Department of Fish and Game has determined that the subjedt property is a wetland. The quality of the wetland ne'eds "further exploration . l ( e) There will be an increase in the noise level fro,.; the proposed drilling operation . Strict compliance with the City of Huntington Beach ' s Oil Code will be required in order to migitate this concern . III . Department of Oil 'and Gas will have to issue permits for any drilling operation . Department of Fish and Game Army Corps of Engineers Coastal Commission i �I i :m4 6 590 sic.�►-av�w+c.i � JVe+x " 8 4S „�► � e ALA H-It Q l�tZJ� JIM AC Ldl1C. lI�fAG 51A AL - N •04.MV At I\ 0 't � Y+_ /1.lrt La • � 13 * l dmx * 7 � saran r+-•-p R:os.Ia 1 may. h N � AWA= 051 SRAMMAV rj&K7 Y u ROTE-A5A41 0015 a e ASSESSOWS ♦FAP PARCEL NUMMS � BOOK iH pA" 3 $NOMM IAA CtE.a CQuvrr OF agAjwiw TORSI?.SECB 6 c'a, ms,R 10-W. U4-17 f+ � r!lNrrrvv►��o� � ��u U�� tr/1►ter. a. . r � -iltnun t!• t Ismaili]��A : : �_ : 11,4 ROTARYMn Mrr rr111110 �� 1�� r• tr r r � � rr rw iw r c .M r r ray rs rr � • now I .�wr rr r r �•• rl uw MIM an loggia NJ minis ■�� i��N�irr.A �* ®,111rrrrr/•as'r , rr�trrtni/ ,... . �� i � it � rrrrrir � • Pik# all 1 1111123 i irrtr// •• s FBI , � r I�� I� , �i�r�►� Ar� ��i ��► Sri � 0 Be* ' Jr.Lllin Proposal on Uai FropertY , huntingt n o , CA The proposed project is a semi-exploratory drilling program. is intended to produce from the known reservoir, determine the mits of the reservoir, and to explore for new reservoirs . Enclosed is .a diagram of a typical land-based drilling rig and accessory. equipment . (This diagram depicts a dr.il.' ing rig that is used for West Coast drilling operations . it is included in this report for information purposes to acquaint the reader with the various components of a drilling rig. ) The rig to be used at the sites will have a mast head height of 150 feet and will be powered by up to three diesel engines with a total horsepower of about 1000 for the deep holes . Shallow hole wells ( 1000 feet) will use a rig with about 300 hp . The rigs will not be run at full hcrse- OMMM„MME` power until the last 24 hour_ or so . Usual drilling will. be at �,.•y:ua- thout 60 percent of the available horsepower . In addition, a max- 1��='�•�*. imum of 400 horsepower of diesel-fired engines will be used for the service rig and pumps . To drill a well, a rig is brought to the cleared site . Upon delivery of the rig to the site, the first: procedure is to "rig up" , •.4hich is the process of assembling and placing the drilling rig components in position to drill. The actual drilling of a well is an intensive process that may take from a few days to several weeks to complete, depending on the depth of the well , hardness of sub- ;surface materials, and Problems that may be encountered. rt is estimated that each of the proposed wells will take approximately -40 clays to drill and complete. 40 While drilling, the rig turns a drill string rotating a bit at the bottom of the drilling assembly . As the hole is deepened , additional sections of drill pipe must be added . Drilling opera-- , ti.ons go on round-the-clock and include transport of men and mater- ials to and from the site. As the bit turns in the hole, it maker :-;t..,�•:.; rock cuttings which must be removed from the hole . This is acc:om- . plished through. the use of drilling mud which is continuously cir- culated between the surface and the bottom of the hole to pick up the cuttings from the bit and transport them to the surface . The other purposes of the drilling mud are to cool -- nd lubricate the drill bit and the drill string , maximize penetr-tion rate, prevent: inflow of formation fluids into the well bore, acid coat the exposed walls of the hole with filter cake in order to minimize fluid loss into permeable formations. All drilling muds and oil wastes will. be held in steel holding tanks . All oil field wastes will normally be taker to E, P. C . --Westside Disposal in Fellows , California, or any other County-approved disposal site . Periodically in the drilling of a well , casing is cemented in the hole . Casing is simply large steel pipe that is used for the sides of- the drilled hole to deep it from caving in . The casing and the cement also seal off pressure and fluids from under- ground formation: . through which the hole penetrates . -t,�;;'�:.: Casing for the pr,opsed project will be cemented , per DOG quirements. (`)epartment of Oil and Gas) , generally to a depth of approximately' 300-500 feet, for protection for the fresh water aguifiers in the area . To run a string of casing, the drill string is removed from the hole. Then each joint: of a similar diameter of casino is screwed togcthcr and lowered into th(, hole to m.►kO 111) ;- Complete casing string . After the casing is ruts into the hole, ot,mont is pumped into the casing and then displac-_,d from the bottom end in order to fill the annualr space between the casing ai►d the well of the well . Once the cement hardens , the subsurface forma- ...r....,,,,..,. tions are permanently sealed from each other . During drilling operations , approximately 500 barrels of water per day ( 21, 000 gallons) would be required . This would be obtained from the existing water wells in the area . During the drilling of each well, an estimated average of 20 vehicle round trips per day will be requires' to the drill site . Most of these will be light vehicles , but the traffic will include .,�..,..a..� an average of f heavy truck trips per day . After the well has been drill _d to its objective depth and the production casing has been run and cemented, well completion can take place . The rig will then be moved and the drilling of a new well commenced . This report assumes that only one drilling rig will be used . at any given time . Therefore , given the minimum 2.0 day period to drill a well , and approximately 5 days to move the rig , the total number of wells that can be drilled in any one year is -� fourteen, assuming use of only one rig at a time . Using the max- imum �.�, ;;;�•.. imum 40-day drilling period, eight wells could be drilled in any one year . Petroleum Production j In contrast to exploratorv/development: drilling which is an intensive short-term operation , petroleu;n production is a long- term., but less intensive operation, involving the permanent loca- tion of equipment lasting over the producing life of the field . ''• "' ' This equipment will be engineered and designed to produce oil and gas with a hydraulic pumping system and will operate in a cellar . (This system is in operation in Long Beach on the golf course at 7th Street and Pacific Coast Highway. ) These pumping units will be powered by electricity. The equipment will be installed at the proposed production island. Depending on the depth of a reservoix-, it i;. possible to con- solidate a number of producing wells at a single production island through the use of directional drilling techniques . Not only does this minimize the amount of land disturled by drill site and access road construction , but duplication of accessory production equipment can be avoided . For the proposed project , the maximum potential production , based on existing information , can 'be accomplished with a total of 12 new wells consolidated into one site . The bulk of by rocarbons will be transported off the property for processing. Any temporary storage units on the drilling island will be equipped with vapor recovery systems . Transportation by truck to a refinery would continue until production in the field increased to greater than 400 barrels of ui 1 per day, at which time it 'would be economical to construct a pipeline . Abandonment If a well is unsuccessful , or at the end of tho p odlici.nl_1 li fo of a field, well abandonment takes place piirsonnt to proo(ndures spec.ified_by the California Division of oil and Gas in "California Laws for Conservation of r-!troleum and Gas . " In addition , Section 816 3- 14 . 8 of they Orange County Zoning ordinance requires the follow- ing: "That upon abandonment of any well or cessation of drilling operations , all earthen sumps or ot..er depressions contain- ing drilling mud , oil or other waste ;products from the drill- ing operation shall be cleaned up by removing such waste products or by consolidating all mud , oil , or other waste products into the land by disking , harrowing and leveling to restore the land to the condition existing prior to the issuance of phis permit as nearly as practicable to do so. " Drilling and Workove rs All drilling operations are conducted in conformance with State regulations , including installation and use of B. O. P . equip- ment and setting of casing. In workover operations , appropriate R .O. P. equipment is employed as dictated by the well and operations to be performed . �- William C . Curtis � Mr. Curtis is currently producing oil and gas wells in Ventura County and is responsible for drilling activities on the Anderson Ranch as President of Cal-Metro Petroleum. Mr . Curtis has drilled for his own account and others approximately 100 wells in the State of California . For additional information contact Mr . Robert L . Richardson , Petroleum Engineer, Ventura , California . BIOLOGICAL RESOURCES ASSESSMENT NEGATIVE DECLARATION NO. 84-33 ZONE CHANGE REQUEST Prepared for: City of Huntingten Beach Department of Development Services P.O. Box 190 Huntington Beach, California 92648 Prepared by: Michael Brandman Associates, Inc. 3140 Red Hill Avenue, Suite 200 Costa Mesa, California 92676 (714) 641-8042 Contact Person: harry D. Munsey October 1984 INTRODUCTION The biotic eor•position of the project site is described in this report from Information compiled through field reconnaissance, supplemented by already existing documentation of biological resources within the project vicinity. The site was surveyed on-foot by the firm of Michael Brandman Associates, Inc. (5113A) on October 15, 1984. Weather at the time of the survey was mild, with a temperature of 75*F, clear skies and a light westerly breeze. The physical nature of the property permitted a comp fete direct examination of all terrain within its Confines. Floral and faunal constituents encountered were recorded in terms of relative abundance and host habitat type, and the overall biotic composition of the site was derived from this information combined with documented habitat, preferences of regional wilditb specie., which, whether or not detected during the survey, are known :o include the site within their range. Habitat designations used in this assessment are according to the basic classIficaiion system of Munn and Keck (1959). Floral taxonomy follows the current regional flora of Nlunz (1974). Vertehrates identified In the field by sight, calls, tracks, scat or other signs are cited according to the nomenclature of Collins, et'al. (1978) for amphibians and eeptiles; A011 (1983) for birds; and Jones, et aI. (1982) for mammals. Authorities used for determination of sensitive biological resources are as follows: plants FWS (1982), CDFG (1984), Smith, et'nl. (1980) and CNDDB (1984); wildlife - I:WS (1992), CDFG (1980, 1983) and CNDDB (1984). Additional studies on rare and endangered species in the project vicinity were consulted in the performance of this asr•_asment and are cited appropriately in the following sections. RESOURCE DF CIUI?710N 'REGIONAL OV1 8VMW The one-acre project site is located within an area known as the Huntington Behch Wetland (CIDFG 1982),, a predominantly pickleweed coastal salt marsh located Inland of pacific Coast Highway (PCH) between the Santa Ana River and Mach Boulevard. :t'h4 prolocL site is within ai 35.5-acre wetland parcel bounded b� the Southern California. Ninon (SCH) power plei)t on the northwest, Iluntington Beach Flood ..� , 1 • . Control Channel on the northeast, Magnolia Street on the southeast and PCH an the southwest. � size from its original extent (scia The Huntington ton Beach Wetland is greatly reduce in si g CDFG 1982 for a detailed discus i discussion), and what remains s highly degraded :n nature. The California Department of Fish and Game (CDFG 1982) has determliled that, of 150 acres of historic wetlandin the Huntington Beach Wetland area, 115 acres (76.5 percent) remain as triable or readily restorable wetland. The ei-ttire rom tidal flow and several characteristic salt marsh plants, system has been cut off f dependent upor. daily tidal flushing may have disappeared from the Huntington Beach Wetland as a result. SrTE CHARACTERIZATION I Vegetation The 'designation "wetland" is defined by CDFG (LCP 1980) as "land which may be covered periodically or permanently with shallow water..." and by the U.S. Fish and Wildlife Service (FWS) (LCP 1980) as "...land where the water table is at, nes.r or above the land surface long enough to promote the formation of hydric soils or to support the growth of hydrophytie plants." The Huntington Beach Wetland, including the project site, fits the FWS wetland definition and consists almost entirely of salt marsh habitat with associated rudersl plalits at its fringe. II The vegetation of the flat, one-acre project site is composed of a single plant community --- coastal salt marsh. Three plant species were recorded: common difolia) and salt sass pirkleweed (Salicornia vir nice), alkali heath (Frankenia rg an 8 (Distichlis s Ip eata). All of these are native species. The site has become degraded through lack of tidal flushing. The absence of Lidal exchange has resulted in a depauperate species diversity In a plant communit. characterized by dead and dying piekleweed and stagnant pools of water. The site ha-i also been disturbed by a number of vehicle trails. is .. Wildlife Most animals`likely to occur onsite are. common, widespread and highly adaptable species. While birds were the most conspicuous vertebrates onsite during the survey, i several species of mammals and reptiles can also be expected to occur. All vertebrates recorded or expected to occur regularly on the site are listed in Table 1 I of the Appendix. i Birds are abundant and conspicuous Inhabitants of the coastal wetlands. Salt i marshes, salt flats and estuaries boast more species and larger concentratiors of birds per unit area than perhaps any other ecosystem In temperate North America. However, few species actually nest in local salt marshes. Most nesting birds in coastal salt marshes are small, Inconspicuous landbirds. One such species, the Belding`s Savannah sparrow (Passerculus sandwichensis beldIn '), is a common inhabitant of pickleweed salt marshes, including the Huntington Beach Wetland, and was the only species noted onsite. Several Individuals were observed foraging in the pickleweed. This subspectes of savannah sparrow has been reduced in numbers, as has the extent of its habitat, and is now considered an endangered species 'by CDFG. Its status In the Huntington Beach Wetland is discussed more fully in the i i g -ton following section. Other birds that nest In the salt marsh are the song sparrow (lielo� splza inelodia) and western meadowlark (Stu�rneYla ne 1 ecta) in the upper portions and killdeer (Charadrius vociferus) orc the salt flats. The. most conspicuous mammal In the salt marsh is the desert cottontail (Sylvilags auduboni). Other mammals presumed to occur in the vicinity are several noeturnal rodents, such as the western harvest mouse (Reithrodontomys me alotis), house mouse (Mus, mitssculus), norway rat (Raaitus_ no_rve fficus) and Botta's pocket gopher (Thomomys bottae). Predators such as the Virginia opossum (Didelpris virgin, coyote (Canis lat , long-tailed weasel (Mustela fre� and striped skunk Mephitis me hitis) are also likely to be present. Man and his pets, especially dogs, are also significant predators In wetland areas close to urban areas. i Several species of lizards and snakes can be expected to occur along the margins of coastal wetlands within or near the project area. The most likely would be the I western fence 'lizard (Seeloporus oeeic!entalis), side-blotched lizard (Etta i stansburiane), gopher snake (Pituophis melanoleucus) and, perhaps, the common 3 k:ngsnske ,(i.am ro eltis gettulus)• Amphibians Are unlikely on the site, as most • ant�nt tolerate a . nee find c species'are not adapted to a marine or estuarine existence saline environment. SENSI'rM BIOLOGICAL RESOURCES l section are: (1) species present onsite which have been Discussed within tills. afforded special recognition by federal., state or local resource conservation agencies due principally to dedlining or limited population sizes resulting In most eases from hatiitet reduction; and (2) habitat areas onsite which are unique, of relatively limited distribution or particular value to wildlife. Species • The site' was examined for the` presence of sensitive plant and aninal species. No U.S.. and species of plant designated three.tened, rare or endangered by the Fish n WilInife Service (FWS), California Department of Fish and Game (CDFG), or California Native Plant SceIlety (CLAPS) was disclosed by the survey; however, one bird species of c oneern occurs within the project site. The state-endangered Belding's savannah sparrow breeds in the pickleweed marshes between the Santa Ana River and Ocean Boulevard. It has been designated as endangered at the state level as a result of its decreasing pop elation and its dependences upon a diminishing resource, pickleweed salt marsh, for breeding. A census of breeding pairs in the Huntington Beach Wetlands in 1977 (Massey 1977) revealed 34 territorial pairs between Beach Boulevard and Brookhurst Street. Another census of the site is 1983 by Wilcox (Hunt 1984) revealed 90 to 92 pairs breeding between Beach •3oulevard Pnd Brookhurst Street, an area which encompasses the protect site. During the current assessment, at least three Individuals were counted on the protect site and several others were seen In the near vicin,ity. of savannah The apparentily substantial inci ea.�e in numbers of breedingpairs � s scrows estimated from the 3untington Beach Wetland between 1977 and 1983 Is P ' significant, the fact that the data !, �- surprising. W,�Ite the Increase may be real and sag , tiav�c' been reported by different investigators, perhaps using different eensusing ''' durations of field effort, could exert a profound effect upon techniques Rnd different d r the census results. Even if the increase is real, no census datn for intervening yc:<<rs are available for comparison or for determination of short--term population trends. Other populations of the Belding's savannah sparrow occur locally in Upper Newport I Bay, in the Bolsa Chica marshes and in Anaheim Bay. Other federal- and state-listed endangered species have been observed utilizing nearby habitat. These are: o California least tern'(Sterna afitillarum brwowni), which feeds In estuarine areas and offshore end utilizes a breeding site on Huntington Beach less than one mile from the project site. o California brown pelican (Pelecanus oceidentalws californiaus), which fishes In the near shore waters and breeds locally on the Channel Islands. o Light-footed clapper rate (R llUs ionirastris `levi es), which breeds locally B d Anaheim �n th e cord grass salt 'marsh in nearby Upper Newport ay an g Bay. No of these species currently utilizes the project site. Tidal flushing, if it were restored, might' attract the least tern` because of the small fishes which might then occur In the channels. ' wetland plant s eeies, the salt marsh bird's beak 1 w P one sensitive coasts p Only. n (Cordylanthus maritimus), has been found in the vicinity of Huntington Beach. It is listed as endangered by FWS, CDFG and CNPS. This species is found in nearby Upper Newport Bay, but has not been recorded from the Huntington Beach Wetland, nor from the nearby Bolsa Chica Marsh. It was once a common plant of the upper salt marsh zone (Purer 1942), but its range has been - greatly reduced. Currently, populations 'are known from Tijuana Estuary, Upper Newport Bay and Mugu Lagoon (Zedler 1982). 'This facultative parasite apparently requires inundation with cool freshwater following heavy rains in order to germinate. Stream channetization for flood control has diverted storm waters away from salt marshes that were ones subject to periodic freshwater flooding. 5 r Other loca l rare and endangered plants are found on coastal bluffs In `the region but these are outsidg the area of concern addressed in this report. Habitat An environmentally sensitive habitat Is defined by the California Coastal Act as an area in which plant or animal life or th eir habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disrupted by human activities and developments (Secdo'n 30107 of the California Coasts] Act of 1976). Salt marsh is the only environmentally sensitive . hahltat type within the project area. Wetlands are becoming increasingly significant in California as they continue to be lost to urban development. They play an important role in providing food and shelter Including waterfowl and are of special concern to various � for water-related wildlife, g , public agencies charged with managing and protecting game and non-game resources. r•_- The Department of Fish and Game (1982) has described p ickleweed-dominated salt marshes as among the most productive natural plant communities on earth. Even though most of the Huntington Beech salt marsh, including the project site, is degraded by lack of tidal flushing and by human overuse, these wetlands are of significant value to wetland-associated birds and have a high annual net productivity. ENYMONMENTAL IMPACT Imolementation of the project will result In the removal or disturbance of approximately one acre of salt marsh vegetation. Secondary impacts Include increased vehicular traffic to and from the prof ect site, Increased noise associated with oil rig operation and fragmentation of existing salt marsh habitat. Construction activity will disturb all wildlife In the vicini; and many species can be expected to move to adjacent areas of similar habitat providers It Is available at the '*-- onset of activity. wildlife which do emigrate are particularly vulnerable to I elimination by predation and unsuccessful competition for food an:i territority. Species of low mobility and those refusing to emigrate may be eliminated outright by site'preparatibn. FoUowing construction, some species will return to the developed portions of the site providing suitable habitat is present, though most will be dislodged permanently by removal of habitat suited to their existence. To the extent that they are tolerant of human presence, native wildlife will return to any natural open spaces surrounding the project site following construction and continue to Utilize this habitat provided it remains relatively unaltered and free of excessive human disturbance. Indirectly, wildlife populations in the immediate surrounding offsite areas will be affected adversely by -the general reduction of available habitat within the project artia, as wildlife 'from this area will be pressured to extend their foraging range into these surrounding areas. The small size of the development, however, limits this Impact to small native mammal species and resident bird species. The endangered Belding's savannah sparrow will be adversely impacted through loss of approximately one ere of habitat. ...� � Night lighting may be detrimental to anim6is in nearby natural habitats for a variety of reasons. These include disruption of light-dark daily rhythms and avoidance due to Increased exposure to bright lights. Some insectivorous species benefit from lighting because it attracts and concentrates large numbers of insects for feeding purposes; however, the typical net effect of lighting is that adjacent areas are utilized by wildlife to less than their fullest extent. Mlfx''IGA71ON MEASURES The project as proposed specifies the removal of approximately one acre of salt marsh vegetation. To the extent that the surrounding area (approximately 34.5 acres) remains relatively tree of human disturbance it will continue to function as a component of the'natural ecology of the area except in the immediate vicinity of the new development. In order to lessen any impacts on the surrounding area, it is recommended that the fol1lowing mitigation measures be considered: 1. A berm should be. constructed around the project site in ordee to isolate it In case tidal action should be restored. 2. The.. potentially adverse effects of night lighting on the surrounding .I saltmarsh can be mitigated by lcavinT the project site unlighted or by using low-intensity or silvered globes. The project site Itself, however, represents an Incremental albeit small iti able Impact of encroachment into the Huntington Beach Wetland that is an unm g P local concern. An alternative to the direct mitigation of project site impact might be the contribution by the city of Huntington Beech to an ongoing wetland restoration project. Several restoration projects in which the city might consider tion have been proposed by other agencies. participation P P `!t is recommended that.a committment be made to remove oil drilling equipment at the end of project life. sr,r I 8 REFERENCES CITED American Ornithologists' Union (Ad"). 1983. The 'Check-List of North A n rican ` Birds. -8th ed. Allen Press, Lawrence, Kansas. 877 pp. California Department':of Fish and. Game (CDFG). 1980. At. the r rossrom sf 'A Re `art on the 'Status of California's 'Endan ered `and Rare Fish and Wildlife. State of California Resources Agency, Sacramento, California. 147 pp. + Addenda. California Department 'of Fish and Came (CDFG). 1982, Department of Fish and Game Determination of the Status of the Huntington Beach Wetlands. Photocopied ms. 35 pp. i California Department .of Fish and Game (CDFG). 1983. "List of Endangered, Rare and Threatened Animals of California." Revised June 1, 1983. State of California Resources Agency, Sacramento, California. Photocopied list.. 4 pp. California Department of Fish and Game (CDFG). 1984. Designated Endangered or Rare Plants." Summary list from Section 1904 Fish and Game Code (Native Plant Protection Act). Revised July 1, 1984. , State of California Resources Agency, Sacramento, California. Photocopied List. 5 pp. California Natural Diversity, Bata Base (CNDDH).-,:1984. Data Base Record Search for : Information.:on, Threatened, Endangered,; Rare or Otherwise Sensitive Species'and Communities in the Vicinity of Huntington Beach, Orange CountS,, California. California Department of Fish and Game, State of California Resources Agency, Sacramento, California. Collins.;"J. T., ,:J. E. Hukeey, J. L. Kni ht andH. M. miin. Amphibians1978. "Standardad Reom on and Current Scientific Names for North p les." Soc. Study Amphibians and Reptiles. Her . Circ. 7. Fish and,-Wildlife Service (FWS). 1982. Endangered and Threatened Wildlife and Plant3. Federal Register 50 CFR 17.11 and 17.12. U.S. Department oF the Interior, Reprint. 13 pp. Hunt, Harold. 1984. "Biological Report for the Orange 1 Widening Project." Water Research and Testing Unit, Transportation Laboratory. Unpubl. ms. 108 pp. + Appendices. Jones, J. K., Jr., D. C. Carter, H. H. 3enoways, R. S. Hoffman and D. W. Rice. 1982. "Revised Checklist of Forth American Mammals North of Mexico, 1982." Occas. Pap. Mus. 'texas Tech Uniy, No. 80. Local Coastal Progrem Staff (LCP). 1980. "Background Report for ,Coastal Elements Environmentally Sensitive Habitats." Local Coastal Plan "Task 3.2.7. City of Huntington Beach, California. Massey, B. W. 1977. "A Census of the Breeding Population of the Belding'a. Savannah Sparrow in California, 1977." Nongame Wildl. Invest. Job 1.2. California Department of Fish and Game, Sacramento, California. 15 pp. 9 --awl - { blunz, P. A. 1974.. khora of Southern California. University of California Press, Berkeley, California. 1086 pp. Munz, P. A. and +D, D. Keck. 1959. A California Flora. University of California Press,.Berkeley, California. 1681 pp. Purer, E.. , 1942. "Plant Eeology of the Coastal Salt Marshlands of San Diego County." Ecol. Monogr. 12:82--111. Smith, J. P., Jr., ,R. J. -Cole. and 1 '0 -Sawyer, Jr. 19800 Inv6 n"t-ory of Mue and Endein' ered:Vascular Plants of Califocnia. . Special Publ. No. 1 Und Editic nf, California Native Plant Society. 115 pp. + Supplements. Zedler, J. H. 1982. The Ecology of Southern ICalifornia Coastal Salt Marshes: A Community Pro i e. . . Fish and Wildlife SeRce, 91516gITRI ery ees Program, Washington, D.C. FWS/OBS-81-54. 110 pp. i I I 10 APPENDIX I � i . TABLE 1 �... FAUNAL COMPENDIUM SEASONAL STATUS (Birds Only)(h) R -resident or,found in vieinity year round S --present in summer only W -- winter visitor STATUS Non-native. Observed during the present survey led List Includes species observed or expected to occur on or in tho immediate vicinity of the site. 'Ibl only breeding and overwintering birds are IhAv.d. Migrants and :agents are not included. REPTILES IGUANIDAE - IGUAhIAS Scelo,�orus',occidentelis western' fence lizard Uta`stans6urians sidBlotched lizard ANGUIDAE - ALLIGATOR LIZARDS j Gerrhonotus multieariru tus southern alligator lizard i COLUBRMAE - COLUBRID SNAKES j P_ittuuo`hi�s'. nelenoleucus _ per snag ki Lampropeltls; a talus common kingsnake i i�. BIRDS ACCIPITRIDAE - HAWKS Elanus caerule'us R brae -s ouI ered kite Cit�.. C�s. northern harrier Buteo jamateeMIs R red-tailed hawk FALCONIDAE - FALCONS Falco sparyerius, R American kestrel CHARADRYIDAL - PLOVERS PiuuWal ,Is squataroIA W blab-k-belUed plover Chatodriva semi atmatus w ..._..'sem` Pa mated plover Charserlus voaiferus R weer........._.» j . 13 I RECURVIROSTRIDAE - STILTS AND AVOCETS Him,antopus m'extc©nus R black-necked stilt i Recur'yirostr6 ame'ricana R American avocet SCOLOPACI:DAE - SANDPIPERS Trinj a `rnelgnoleuea W greaterllowle e Cato'�tr'o�'horus semipalmatus W Wil,let Actitis-macularia.. W spotted sandpiper Nut ' ne� haeo us whimbrel Numenius amerieanus long-blUed curlew '. Limos fed W marbled godwit -AreniiCa"It erpres W ruddy turnstone Arenaria melanoeeehala W black turnstone Calms albs W sande`rT''ng Calidris 'mauri; W e wast—rn endpiper CalI -mmutilla W least-.sandpiper Ca�liinat W dunlin Limnodror" Iseus W short-Dill a0w tcher Limnadrom:!s seolopaceus W ong-biUed dowitcher i LARIDAE - JAEGERS, GULLS AND TERNS Larus ghtladelphia W 8onsperte s gull Urus heermanni R Heermann's gull 14 LARIDAE - JAEGERS, GULLS AND TERNS (Continued) Lsrt aW"delaQrensw- R ring-billed: Larus relitornieus R California gull Larus ocelderitalis R "western gull COLUMBIDAE - PIGEONS AND DOVES Zenaida macroura R mourning dove TYRA.NNIDAE - TYRANT FLYCATCHERS 5eaorn�is sa�:A W May's pnOebu ALAUDIDAE LARKS Ererno hfla al estris 1� orne HIRUNDINIDAE - SWALLOWS Tach*ineta b1color W �. tree swallow .: , },r.: . Ste�pteryx serripennls S f northern rough winged swallow Hirundo o rrhbnota S Cliff ailow Hiram rijsti6a S barn swallow CORVIDAE - JAYS AND CROWS Corvus br-chYrhynchos R American crow Corvus corax R common raven 15 A6T,&CILLInhr.# - Pipns Anthus s inoletta W water pipit LANIIDAI - SHRIKES Lan!us' ludovieianuus R loggerheadke STURNIDAE - STAR' Stu vvlf sr`Is R European starling EMBERIZIDAE - WOOD WARBLERS, TANAGERS, UUMTINGS AND BLACKBIRDS Passereulus'sandwichensis beIdin R e ding's sav na sparrow Melospiza melo-dia R song,sparrow Stun, rn lla ne Recta R western meadowlark E,u�hagus nan ocephalus R Brewer's blackbird FRINGILLIDAE = PINCHES Car odeeus mexicanus R house finch MAMMALS DIDELPHIDAE OPOSSUMS 21del his vi lhi"a Virginia opossum SORICUJ AE SHREWS - soorex.°notes, ornate sb-ew . 16 VESPERTILIONIDAE - EVENING BATS Myvtis californicus Celltb-mla myotIs E te?� S16s fu—S6— . big brown bat Lasi u'riii cifierg hoary but Antrazous allidus ---- pallid tat -�- MOLOSSIDAE - FREE-TAILED BATS Tadarida.bresiliensis Brazilian free-tailed bat LAGODIORPHA - HARES AND RABBITS Leepu!k,call tornie4iis black-tailed jack rabbit + vilaffils aud6onil desert cottontail SCIURIDAE - SQUIRRELS S ercmo p hilus beeche' i California ground squirrel GEOMY1DAE - POCKET GOPHERS Thomomy4s tiottae %t-- to s pocket gopher CRICETIDAE - NEW WORLD RATS AND MICE Relthi Mon tom�-s 'megalotis western harvest mouse Pero_m sous manieuletus der mouse Mierotus calito'e icus Csli ornia vole 17 MURIDAE - OLD WORLD RATS AND MICE ' . 'Ram norv2j1cu Norway rat # Mus.rnuseutus house mouse CANIDAE- WOLVES AND FOXES Cents•latrans coyote . '" Canistamtliaris dourest a dog Urocyon cinereoer enteus gray fox Vuloes futva red fox PROCYOHIDAE - RACCOONS Proc 6h 16tor raccoon MUSTELIDAE - WEASELS AND SKUNKS Mustela frenatn glong-taUed weasel Sp11� 1 o�ale iiidlis t spotted skunk M, a plt d iie hltls stripe skunk FEUDAL-- CATS # Fells'dornesticus' ism estic cat Abu I ta: State Clmrlagaoume. 1400 Tantb 6% 121, Usanumto. Cl Wt Mau miu+ I .4=CLP Cr CA7ffoTlc1r m OC7✓mmrr TIMSIiITM 14f11111 Sol1. a 1 Project Title: zone ''case 84 15/Negative Declaration 84-33 .«._...�� . . :;eo►d A rc. CItz" E t1untington Beach 3. contort prrscxs: Howard Zelefsky :11. 6rr-, Address, 2000 Main Street ]b. City HunLinc3Lon Beach or _. 5d• zip: 92648 3V. two.( 714 536-5271 ilbir8."rwrArIck 4. a-unty: Orange 4a. city/cc=unity:_.Huntington Beach 4b. `risaerssor`s Parcel No.114-160-66 4c. section 24 iv. 6 flange 11 St. Tors stmets: Pacific Coast Hwy/Magnolia sb. For RRuml, Nearest y: State Air- Rawl- rated- Santa Ana E. xitbin 2 miles: A. wy • 1 b' ports c' rays d' ways River f; jTpg S. UX& AMCN ?!PS 9. 09VMnFVM TM CMA .31. General Plan Update 01. Resldeatial Uaits acres 01. WP 06. 170E 02. flew Eleoant 02. Office: Sq. Ft. 0-% Early 0mas 07. xx 03, General Plan AWAdorat Acres Employees 03. X Net Dec Ca. Nm 04. lutes Plaa 03. Shopping/Cenrsercial: Sq. Ft. M. t"fi EIR CS. Amertatloo Acres smPloyftes supplccent/ 06. Specific Plan 04. Industrial: Sq. Ft. 415. Subs^juent EIR . (t'rior :to.: 07. 'Crxaunity Plan Acres lxployees 06. Redevelormat 05. later Facilities: 1G0, NEPA 39. X Rew" 06. rmcsportation: Typr Draft -..� ". Not it. EIS Ia. Land Division 07. Meting: Ytneral -" T'Fdivtsion, parcel 10. Imt 12. EA Ilap. Tract dap, etc.) DR. _Nlmer: Type latts t7ITIM It. --Use Pertalt 09. Waste Treatnect. Typ- 13. 'Joint hommut 12. haste what Plan Ia. OCS Related 14. Ftoal Doc-=nt 13. Caacei Ag Preserve Lt. X omer: Drilling of oil well 15. C'trer 14. Otbet 10. TWAL Y.l®: 11. IVUL. JOIl'S CgrATM: 12. l.nicr 1.`:Dil3 Dlzlm= I31 00031dwt 15. �Sepilc Systms 23. eater Quality01. rtesthetic/Vltual 08. Floodiag/D;aluge 16. 5ever Capacity 24. later Supply Agricultural Land 03. Ceolcgic/Seismic IT. Social 25. X Wetland/Riparian 03. Ai:• C)uality Ia. Jobs/ltouslag Balance 1B. Soil Erasion 26. XWildlIfe 04. Arrhaeulugical/Hictorical it. minerals 19. Solio taste 27. _Grom h Inducing M.. X C.oastaI 2anf 12. X Note& 20. Toxic/Harardous 28. _Incaepatibte tanduse rr;. ECCrro iC 13. Pibli_ Services 21. Traffic/Circulation 29. CL=Iltlre Meets M,,. Fit» Kazard 14, Schools 22. Vegetation :10. _ Other m AWLIG lappros) Federal S 'Y A State 3 Tnts1 3 P%MEPrf LAW UM AM XNVG: Vacant/L.U.D. Lilnited Use District la. M':]JALT OWCRifiITUA: *w permit a change;`of zone from LUD (Limited Use. D.istri ct) to L.U,D. ' 01 (Limited Use .District - combined with''Oil Production) wh' h would allow for t!le dril3169 of oft wells on .1 acre of land f tr.. sly OF'uwd AC+TJ1�`>t 4rmI Claeiriap�alev will a,FaaQi ide»r.lflutt auetrrre tor. i G set :C a 301 numr>tr alrraey •.lists far a pmjt-: .e.,;. ma a *--tica at Pmparuticm or pravla draft dcci r,emw till it Ili. Resources Agency Caltrans 'w strict 7 .. tin late a s Dept. of Trans rtation Pln �a 9� � Y � At � 9 Aeronautics Conservation ,,,,_. Fish and Game' . CA Highway Pat col Forestry ____ Housing & Cam city Devi ' ,., Colorado River Board Statewide Health Ping Dept. Water Resources Health . .. Reclamation Food & Agriculture Parks and Rec , Public Utilities Coma ,.�.._ Office of' Historic Preservation Public Works Native American Heritage Comm Corrections S.F. Bay Cons. DevIL. Comm ,. 'General Services Coastal Comm �..� O:A Energy Com . Santa Monica Mtns State Lands Conim TRPA-MZRPA ,. Air Resources Board OPR — OLGA Solid Waste Mgmt Board .._..�. OPR — Coastal.. SWHCB: Sacto Bureau of Land Management 14CM Region ' #. .� Forest Service Water 'Rights X Other: Depar%ment of Oil a Gas water Quality Other: FM_ -MA-MiX Date R;k 'ived at SCH Catalog Number Date Review Starts Applicant Data, to' Agencies. C;a ultant Date .toy SCE , ,,, Contact ;��,_..... Phone .earance Dade A3exess ,...�:.....�...._ _,..��. Notes: STATE.CF CADFORNIA—OFFICE''OF THE GOVA GEORGE DEUKMEJIAN, 0owime . OFFICE 'OF PLANNING AND RESEARCH ' 1� TENTH STREET .� SACRAMENTO. CA 93014 hecember 13, 1984 Howard Zelefsky City. of Huntington Beach 2000 11ain Street Huntington Beach, CA. 92648 Subject: Zone Case 04-15/ 14.egative Declaration 84-3 , SCH #84111401 Dear .ir. ZeI efsl:y: Tbe' State Clearinghouse submitted the above named proposed Negative Declaration to select state agencies for review. The review period is closed' and the com�- meats of the individual agency(ies) is(are) attached. If .you Would like to. discuss ,the concerns and zec:a=ndations in their continents, please contact the staff fico the appropriate agency(ies) . You may formally respond to the 6onzrextt1ng:,agency(ies) by writing to them,. ip.- , I. cluding the State Clearinghouse number on all such correspondence. You should attest to resolve any concerns of. the state agencies before taking further ac- tion on the project.., Once you have responded to the comments, state review of your draft environmental document will be complete. If the project- requires discretionary approval from any state agency, the Notice of Dete=ination must be filed with the Secretary for Resources as well as with the County Clerk. Please contact Mark Boehm at (916) 445-0613 if you have any questions about the environmental review process. Sincerely, John 8. . ohanian Chief Deputy Director D� WE S N�tyStNG�NC S>�,�VIG� cc,* Resources Agency D�v�`ppE1t At.1urent Q•Sox 1 9�6q.F� ��rttri� State cal California,Cvorge Deukmeiian, Governor 41iwinia Cisastal'Curtiirnission 631 Howard Street, AS F1aor San Francisco, California '94105 December 5; 1984 (415)543.8555 Mr. Mark,'Boehme State 'Clearinghouse- 1400, Tenth Street, Room 121 Sacramento California Subject: SCH #84111401 , Zone Case 84-15/Negative Declaration 84-33, City of Huntington Beach Dear Mr. Boehine : The Commission staff has reviewed the above-referenced environmental document and would like to submit the following comments for consideration. On the initial study of environmental impacts, we disagree with the City' s 1 initial assessment that the project will not result in substantial alteration of land use and natural resources. The site:_1s in an area identified as ,wetlands , coastal salt marsh with high- use 2 by wetland-associated birds. (See 'Department of Fish and Game Determination of the. Status, of the Huntington', Beach Wetlands, February 4, 190, and Corr fission findings dated .l0/6/81 and 11/17/82) . This project may result in filling of wetlands with loss of habitat and adverse impacts to adjacent habitats. Tile envi.ronmen tal evaluation by the City should reflect the fact that the Department of Fish end Game in the above-.referenced document completed the 3 degraded wetland report as provided by, Section 30411 of the Coastal Act, finding that major restoration efforts would not be required to restore and enhance wetland values in this area. This report should be considered in preparation of any environmental evaluation of the proposed project. Because 'the site is wetlands snd in an ".area subject to Coastal. Commission jurisdiction , the environmental documentation should evaluate the project' s consistency with provisions of the California Coastal Act. Attention should 4 also be given to. the Commission's findings on the proposed Land Use Plan for the Ci ty of Huntington Beach. In.�'ruing an environmental `evaluation on the impiscts of the proposed project, 5 particular' attenti'orn should be focused- an impacts on (and policies governing) env i,ronmental 'ly=sensitive habitat areas (particularly we arid' endangered species'.habitats) Sectian 30233 of the Coastal Act discusses wetland pro II -includ"ing enumeratfor, of the limited allowable uses; in wetlands , and the circumstances under which such uses may occur. As indicated in the 0 01484 �...� -2- Section; the project must be a permitted use and there must be no feasible . less 'environmentally damaging alternative and feasible mitigation measures must be provided to minimize adverse environment effects`. Alternatives examined should include , at a mi nimum, off-site, directional .drilling y bich would avoid filling of any wetlands. Mitigation measures evaluated shou�l"d consider at a minimum measures. to restore wetland resources; control of runoff; control of noise ; 6 b .provision- uf, buffers to protect adJacent habitats; and protection against possible .spillage of crude oil , gas , petroleum products or hazardous materials. Furtier,. the envirunmental documentation should evaluate whether this project would.. prejudice , fanning for the entire wetland area` which was.' denied certi fi•- cation: in .the City's LCP Land Use Plan. Section 30604. 6f the. Coastal Act . snout pr6vides' prior to certification of the Local Coastal Program, a project d not; prejudice the ability of the local, government to.`p' repare :a local coastal plan that is in cniformity' with provisions of the Coastal Act. As indicated in the Commission 's actions on the. City 's LUP there are many issues related to energy and environmentally sensitive habitat resources in this area. Thapk you for the opportunity to review this document. Please feel free to contact Liz Fuchs of my staff at the above number if you have further qL-stfons or need copies of any of the above cited documents or Conur'-sion actions . Sincerely, �. JAMES W. BURNS '� •.r Deputy Director �)se . �11,'BJhF/lgu cc: Howard= ieieFsky, City of Huntington Beach Ken Felldws', W. Tom Crandall , South Coast � rn 'oraildum =1 . Pro"]ects Coordi.natur Dote: December 5 , 19B4 Resources, Agency 2 . CitY o f Hi n n on each // � j/ r' 1 .1 Department .of Development Servicestjf 2000 Ma in Sti S�eet DECS l :* CJ �34 nt.Huin9,ton Beach , 9648 8 CA 2 Tror� Deportment of Fish and GQm* r rJubdL$ Sub'aed, Zone i.hange 84 15/Negative Declaration 84-33 , Drange County NCH � 841114i!l ' I We .have reviewed the Initial Stud of Environmental im acts for Y P proposed Zone Change, 84.-15/Negative Declaration 84-331 a proposal to dri11 pil , well's in aft area near Pacific Coast Highway and Magnolia Avenue in Huntington Beach. The use .of ' a negative declaration for this. zone change is l anaecepscAble'. , Mitigation measures proposed in ::he niologac:.�l .: Resources Assessment are insufficient to offset the loss of m�ure th-'an an acie. . of cons;a? wetland`. he proposed project would be lo.cat:ed within wetlands ' identifi d by the Department of Fish an 0 Game . in its report. to ,; the California Coastal Commission entitled "DO."partment of rish anti Game DeVermination of this Statvs of the Huntington 9each ' Wetlands"'. Additionally, the proposed project i 2 located within- wetlands known to provide habitat for the endangeredi Belding '_s, savannah sparrow.-- For these reasons a negatjvE declaration is, clearly inappropriate pursuant to the requirements of t:he,:California Environmental Quality Act , and an kI R 'must, be.• ., of ,'prior to asproN•al. of _ the 'requested zone change.,lHowever, the Department recon' iends that the zone change i..eigu' est; � mply be denied by the City of Huntington Beach in lieu .of •preparation , of an - EIR for the requested znne change and j)roposed.`pxoject since the proposed use cf the wetlands entails significant. adverse . impact:s upon wetlands and upon an endangered species, - and since the impacts se��mi'ngly .cannot be reduced to levels of insignificance as is rf: uired b Y CEQA. 9 'r'h 'hk. ,You for the opportutli ty to review and comment on this ro ect. -rf ''you have an uestions lease contact Fred A . p a Y Y 4. • . P Wor. thle;. Jr. ,, Regional Manager, of Region 5 , at , "� 15 W. Broadway, Suite 350, Long Beach, CA 90802 ; telephone ' num'.;er. ( 213 ) 590-5113 . ack Parnell Direc!•or I RESPONSE TO COMMENTS ffI I II i I i RESPONSE TO COMMENTS CALIFORNIA COASTAL COMMISSION : 1 . Staff agrees that issue number live on the initial assessment should be changed to a "yes" response . The project will result in a substantial alteration of energy/utilities if approved . The project will expand the potertial for the recovery of energy resources . 2 . See B'ology Report prepared by Michael Brandr�an Associates for discussion of filling of wetlands . 3 . The Biological Resource Assessment prepared by Michael Brandman Associates used numerou.i reports prepared by, the Department of Fish and Game as referenne for their analysis . See appendix of ;:hat document for more detailed infrrmation . 4 . Article 7 ; Industrial Del.r.elopment ) Section - 30260 of the Coastal Act states: " coastal-dependent industrial facilities shall be encouraged to locate or expand within existing sites and stirll , be permitted reasonable long-term growth where cons) sten't' with this liviaion. " 5 . Section 30233 of the Coastal, A,^t specifically states that the Upiking , filling, or dredging of open coastal waters , wetlands , estuaries and lakes shall b�egeermitted in accordance w t e applicable provisions of this dim s on, where there is no feasible less environmentally damaging alternative , and where feasible mitigation measures have been provided to minimize adverse environmental effects . " The Biological aasessment discussed mitigation measures which would be applied to this project at the use ;,ermit stage . 6 . The apwlicarlt does not have ,legal access to, alternative location® which would provide him an opportunity. to extract das/oil from the earth . Further. , the coastal commission has indicated to the applicant that off--shore drilling would not be permitted for the recovery of the energy resource . It should ;also be noted that the shallowness of the well dictates drill-ing directly on site. 6b . See Huntington Beach oil Code and Oil Spill Contingency Plar. (Dea'elopment Service 1981 ) for mitigation measures for these concerns , 7 . Art:icl'e 7 ( Industrial - Develo pment ) of the Coasts. Act discusses the compatibility of oil operations with wetlands . wetlands .. copy of this code section is attached to the report. ..r RESPONSE TO DEPARTH^NT OF FISH ti GAME: 1 . The applicant has indicated to Staff that he would be willing to restore between 1 and 2 acres of wetland as mitigation for this project . 2 . Quote from comment : "Additionally the proposed project is located within wetlands known to provide habitat for the endangered BeldIng ' s Savannah Sparrow . For these reasons a negative declaration is clearly inappropriate pursuant to the requirements of the California Environmental Quality Act, and an EIR must be prepared prior to approval of the requested zone change . " Section 21080 . 1 of the California Environmental Quality Act states: "The Leap. Agency (City of Huntington Beach ) sha11 have the responsibility for determining whether an Environ- mental Impact Report, 'or a Negative Declaration shall be required for any project subject to the provisions of this division. Such determination shall be final and conclusive of all persons , incluMng ResponsiDle tEencies , unless challenged as pt'ovided in ectxon The State EIR Guidelines further states in Section 15670 : "A .proposed Negative Declaration shall be prepared for a project subject to c:EQA when either : r... ( b) 1 Revisions in the pro;pct plans or proposals made by or agreed to by the applicant bet::re thA proposed Negative Declaration is released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur . " Hzkl.a ( 2226d ) I EUGENE R. BOTTOMS 6581 Sutton St . Westminster, CA 92683 (714)897-4813 March 28, 1985 City, of Huntington Beach Department of Development Services P. 0. Box 190 Huntington Beach, CA 92648 Attention: Hovard Zelefsky SUBJECT: Subsidence in Huntington Bep:.n Dear fioward, ! Past history cf subsidence in the Los Angeles Basin as related to oil production bas been shown to be controllable by contemporaneous fluid injection into the same formation being voided by production . This fluid balance method of control has progressed to tbc• point where Local Governmental Authorities will permft fluid withdrawal without Hesitation on this point . ! Froduction is continuing from underneath some ofL.ie most expensive skyscraper real estate in the area, along Wilshire Boulevard , Beverly Drive and Pico Boulevard, as well as from many other downtown areas. The production from the San Pedro Harbor area , which .initially caused subsidence, - has been stabilized by, water injection, to the extent that , in some cases, slight rebound has been observed. Huntington Beach subsidence, though quite minor in comparison even after` withdrawal of over 2,000,000,000 bbls . of fluid, has. been controlled in the same manner. At present , the California D.O.G. sees no immediate subsidence problems, so long as fluid balance in maintained. Tile subject area (around the ,` Southern . California Edison, Huntington Beach plrint ) .,is .fax removed ',from the -area of maximum withdrawal , , and, in . no way; will there be more than 1/10 of 1% of this amount of fluid ever= be drawn from 'the 'sublict area. T�e following passages are from a recent D.O.G. Report on Huntington Beach Subsidence. "A study of recent and historic elevation changes in the Huntington Beach field to detect possible subsidence was made and the findings of this study are as follows: ( 1) subsidence activity was observed from 1933 to 1972 and amounted to a maximum of approximately 3 feet ; (2) the maximum current rate of subside►ice was found to be about 1. 16 inches per year; (3) there is no indication that subsidence has resulted in the land ' s being inundated by the sea thus far, but monitoring in this area will be continued. Water-flooding operations for secondary oil recovery in the field were begun in 1959 by Signal Oil and Gas Company , but no significant volume of ' water was injected until 1965. The total volume of fluid injected as of Dec�Lmbr-r 31 , 1973, amounted to 812 million barrels. For comparison purposes , the volume of fluid extracted from the field as of - December 31 , 1973, totaled 1.93 billion barrels (�.umulative oil and water production), or about two-anal-one-half times more than has been injected. It is noteworthy that a benchmark in the field near Golden West Street and Pacific Coastyighway showed an average subsidence rate ai 0. 15 foot per year from 1955 to 1968 but decreased to 0.05 foot per year from 1968 to 1.972, indicating some effect on the subsidence rate from repressuring operations ." Should you have any questions, please contact me at your convenience. Yours very truly, Eugene R. 13otto cy EUGENE PAY E30YTus � Geologist c: y ERB/pmb ce- Reg. No. 1764 y seAll� FOF' GA- OC3 Abe, services and basic industries vital to the economic health of the region, stare, or nation, public recreation , commercial recreation, and visitor-serving land uses shell not be precluded by other development. Section 30255 . Coastal.-dependent developments shall have priority over i other developments on or near the shoreline . Except as provided elsewhere in this division, coastal-dependent developments shall not be sited in a wetland . Wben appropriate, coastal-related developments should be accommodates' within reasonable proximity to the coz ltal- dependent uses they 'support. (Amended by Ch . 1090 , Stats. 1979 . ) ARTICLE 7 INDUSTRIAL DEVELOPMENT Section 30260 . E Coastal-dependent industrial facilities shall be encouraged to locate or expand within existing sites and shall. .be permitted reasonable long-term growth where cons) s,tent with :his division. However, where new or expanded coastal dependent industrial facilities cannot fea ,itily;: be accommodated consistent with other policies of this .division, , they may, nonetheless be permitted i., accordance with this section and Sectior::, 30261 and 30262 if .1 ( 11, alternative locations are infeasible or. more environmentally damaging , ( 2 ) to 'do otherwise would advP.rsely affect the: public welfare ; and (3 ) adverse: environmental effects are mitigated to the maximum extent feasible. Section 30261 . i ( a) Multicompany use 'of . existing and new , tanker, t facilities sha11 ;be . encouraged to the. maximum ex;fent _ Eeasible.. and legally permissible, : eicept where to do so would resOlt nc i p andassoniated n ble wi`th the land e admentincom .�t environmental goals for the area. New tanker terminals i E 1 r outside -of existing terminal aromas shall be ,. i lunfod an to avoid . risk to environmentally sensitive area, and shall une a monobuoy system, unless an alternative type of system. can be shown to be environmentally preferable for ;1 sl)ecific; site . Tanker facilities shall be designed to ( 1 ) minimize the total volume of oil spilled , ( 2 ) minimize the risk of collision Fran movement e- other vessels , ( 3 ) have ready access to the most effective feasible containment and recovery equipment for of lspills, and ( 4 ) have onshore deballasting facilities to receive any fouled ballast water from tankers where operationally or legally required . ( b) Because of the unique problems involved in the importation, transportation, and hhnd:ling of liquefied natural gas, the location of terminal facilities therefore shall be determined solely and exclusivu ly as provided in Chapter 10 ( commencing with Section 5550 ) of Division 2 of the Public Utilities Code and the provisions of this division shall. not apply unless expressly provided in :such Chapter 10. (Amended by Ch . 855 , Stats, 1977 . ) �-- Section 30262 . oil and gas development shall be permitted in accordanciv with Section 30260 , if the following conditions are met: ( a). The development is performed safely and consistent. with the geologic conditions of the well site . j ( b) New or expanded facilities related to such development are , consolidated, ,to the maximum extent Feasible and 'iagally '` permissible ,, unless consolidation will have adverse environmental consequences and will not signif3.cantly reduce the . number of producing wells, support facilities , or sites required to 'produce the reservoir economically and with minimal environmental impacts. r ( c) Enviranrnantall sa r,. and feasible suhr.ea , completions ;are u y :sed When ' r'jrill`ing platforms or is IC nels -would subiptantia.11y degr .de coastal visual qua l f lies 0n.1cs-!; use of such structures will Yesult in substank." ally let environmental risks. (d) P1atfoems, Ur. is'lands will not be sited where a -substantial hazard to vessel traffic might ree;ult Erom the ^� 1 i facility or related operations , determined in consultation with the United States Coast Guard and the Army Corps of Engineers . ( e) Such development will not cause or contrihute to subsidence -hazards unless it is determined that adequate measures will be undertaken to prevent damage from such subsidence. ( f ) With ,respect to new. facilities, all oilfield brines are reinjected into oil .-producing zones unless the Division of oil and Gas of „ the Department of Conservation determines to do . so would adversely affect production of the reservoirs and. unless injection into other subsurface zones will reduce environmenta-1 risks. Exceptions to. ,rein je,ct ions will be granted consistent wi'rh the ocean Waters Discharge Plan...of , the State Water Resources Control Board and where adequate provision is made :for the elimination of petroleum odors and water quality problems . Where appropriate , monitoring programs to record lend surface and near-shore ocean floor movements shall he �. initiated ir, locations of new large-scale fluid extraction on land or near shore before operations begin and shall continyE until 'surface conditions have stabilized . Cots of monitoring and mitigation programs shall be borne ' by "liquid and gag extraction operators . i Section 30263 . ( a ) New: -or expanded refineries or petrochemical facilities ''not 'o'th rwise consistent w'ith the provisions of 'this division "shall be permitted if ( 1 ) alterna five •locations are not feasible or are more environmentally damaging ; :( 2) adverS,e environmenL•al effects are mitigated to 9 ,ermiktin such develo' nie�n.le ,"t •woul.d . ted've fnlind :;that , not s p g p ( 3). . a a rsely ,atiect the m �m m '.ex en eaib public 'welfaref ` (4 ) the : facility Ls not locatbl inn a hi§hly 'scenic, or;-seismically hazardous area , on any of 'the Channel Islands, or .within,";'or 7contiguous, ,to environmentally sons t i v e areas= and ( 5 ). the facility is sited so, as to . provide a sufficient buffer area to minimize adverse imfiacts on surrounding property'. ( b), ,In additidn to meeting all a OicabIe air quality standards, new. .or expanded refiner s 'or•_; E)ekr6 'iemi'cal fact.Ries shall be permitted in k: :as des ign.3Led, us ai4r i Sectiun' 30411 . ( a) The Department of Fish and Game and the Fish and Game Commission are the principal state agencies responsible for the establishment .and control of wildlife and fishery management programs and neither the commission nor any regional commission shall establish or impose any controls with respect thereto that duplicate or t-xcer_d regulatory controls; established by such agencies pursuant to specific statutory requirements or authot.ization . ( b) The Department of Fish and Game, in consultation with the commission and the Department of Navigation and Ocean Development Boating and Waterways, may study degraded wetlands and identify those which %an most feasibly be restored in conjunction with development >>i: a boating facili-ty as provided in subdivision ( a) of Section 302.33 . Any such study shall include consideration of all oil- the following ; I ( I ) - Whether the wetland is so severely deg rado2d and its natural processes so substantially impaired tbaL it iF not capabke of recovering and maintaining a ;sigh level of �-- biological productivity without major restoration activities . ( z) Whether a substantial portion of the degraded wetland, but in no event less than 75 percent., can bc restored and maintained as a highly productive weLland in conjunction with a boating facilities project. ( 3) Whether restoration of the weLland ' s natural values , including its bi,z ogical productivity and wildlife habitat Leatures,. can most feasibly be achieved and maintained in conjunction with a boating facility or whether there are other feasible ways to achieve such values. ( 0 The Legislature finds and declares that salt water Pr, brackish water aquaculture is a . Loastal•-dependent use which should be encouracic-d to augment food surFilies. and Lo furthe. the potic:ies set forth -. in .Chalster,.�l ( cosnmcncing wi. tic . . Section ' 825) of pivision 1 . The CEpnetin`nt rA Fi:�h and Ganie may iden't i f y coastal sites it deems apprbhr.i"I tv. tot ; + I ayuacu1t Ito . facilities. r£ the department i 'lc.�sitiC,ic.•;. sites , it shall do `so by October 1 , 1900 , aiir, :;1l��1 '_ !�y t1t'c: same date. transmit information identifying such sites to the ` f commission and the relrvan►: local government atie cy . T1ie commission , and where appropriate , local govuriunents shall. , consistent with the coastal planning requirein„nts of this division, provide for as many coastal sites identified by the Department of Fish and Game [or such uses as are consistent with the policies of Chapter 3 ( commencing with Section 30200 ) of this division . ( Amended by Ch . 187 , Stats . 1979 . ) Section 30412 . ( a ) In addition to the provisions set forth in Section 13142 . 5 of the Water Code, the provisions of this section shall apply to the commissior: and the State Water Resources Control Board and the California regional water quality control boards . ( b) The State Water Resources Contrcl Board and the California regional water quality control boards aLe the state agencies with primary responsibility for the coordination and control of water quality. The State Eater Resources Control Board has primary responsibility for the administration of water rights pursuant to app.licab' e law. Vie commission shell assure that proposed development and local coastal programs shall not frustrate the provisions of this section . Neither the commission nor any regional iona1 commission shall , except as provided in subdivision ( c ) , modify , adopt conditions , or take any action in conflict with , any • determinat,ion by the State Water Resources Control Board or any California regional water quality control board i:n matters relating to water quality or the administration of water rights . Except as provided in this section , nothing herein shall be interpreted in any way either as prohibiting or limiting the commission, regional commission , local government , or port governing .body Erom exerci3ing the regulatory controls over development pursuant to this division in a manner necessary to carry out the provisions of this division . ( c) .Any development Within the coastal zone or outside . .the coastal zone which „provides service to any area within the coastal zone t at constitutes a treatment work shall be reviewed by the ;commission and any 'permit it issues, if any, shall'- be' determinative only with respect to the following aspects of such developments ?:1 facilities and .procedures shall be provided for accidental. spills that do accur. section 30233 . ( a) The diking , filling , or dredging of open coastal waters , wetlands , estuaries , and lakes shall be permitted in acordan'ce with other applicable provisions of this division , where there is no feasible Less environmentally damaging alternative and where feasible mitication . measures have been provided to minimize adverse environmental effects , and shall be limited to the foilowing : Al ) thew or ex, ded :port, energy, and coastal--doper dent industrl' al facilities , including commercial fishing facilities. ( 2) Maintaining existing, or, restoring previously dre'd§6d.,, depths in existing navigational channels , turning ,hasiiis ,. .vessel berthing and mooring areas, and boat - launching ramps . In' wetland areas only, entrance ,chcinnC'.lg for new or eXph idee'-, .boating: facilities;; ands in a .degraded we�L•land , ideas ixiea by the. De`pa_rtmefit. cif Fish . and Game pursuant to s:ubdivision ,.( b ) of Section 30�11 , for boating facilities it , i'n, .conjunct"ion with, such boating facilities , a substantial portion of the degraded wetland .is .,restored and main` twined i ' hevsizetofnthe wetland area u as a biol:ogical�ly '•produc p~' ;owever, that in 'no even shall t sed for such boating , facili'ty., incJudfhg ',berth ing . sPace , turning ` b'asins, nPcessar navi ation chah6e s, :end "an necessar Y.:. 9... . y y support ;service Facilities , be ,greate`'r than 25 percent . of ` the total wetland area to be remcored . ( 4 ) :- In .,open coastal waters, other than wdtl grids , inc`Zuding .slreams estuaries and lak6s, , ,• new or expanded boating facilities , ( 5 ) Incide,ntal 'public ".'se%rvice perposes,. iricl`uding but ' not Limited 'to,': burying :cables 'and ,':pipes or inspdction , o'[ piers and ma ntenar:ce of e`xi's'ti.r':g ''intake and niiLCall � ll"fines, : :i � ) Mineral :extraction, iticludip§�Ei,rld Cor rcgtoring beaches, except .,fn environmentally sensitiv 'areas!. r'".`, ed ( 7 ), Restorntion purposes . ( 0 ) . .Niature study , aquacts.1 Lure , or Simi lar t•osourc tj dependent activities. .-A Dredging and ,poi1!; disposal shall wi planned and carried out to avoid significant disruption to marine and wiidlife habitats and water circulation . Dredge spoilr suitable for ueach replenishment should be transported: for such •pu^poses to appropriate beaches or into suitable l.ongshore current systems . ( c) In addition to the other provisions of this section , diking, filling , or dredging in existing estuaries and wetlands shall maintain or enhance the functional capacity of the watland or estuary . Any alteration of c.nastal wetlands identified by the Department of Fish and Game , including , but not limited to, the 19 coastal . wet lands identified in its report entitled , "Acquisi.Uion Prio.-ii.ies for the Coastal wetlands of California" , shall be limited to very minor incidental public Facilitivs , restorative measures , nature study , commercial fishing facilities in Bodega Say , and development in already developed) parts of south San Diego Say , if otherwise in accordance with L•hi divisicin . Far the purposes of this section-, " commercial fishing Eaci l i t ies in Bodega Bay" means that not less than nL pe cent-of all hosting facilities proposed to be developed or improved, where such improvement: would create additional berths in Bodega Bay , shall be designed and used for -ommercial fishing activities . Vd) ,Cros`ion control " and flood control facil-i.ti. s gib_ ns,truc ed, on• watercourses can ' impede the movement - of sediment and nutr en"t. w!s which would othcr .Q�be carried bx s"torm ;r_uttoff ;into coastal waters . To facil.'t71te. t�� codUhued -.deli iezy . of these sediments to the 1 toeai u5ne , whenever east6"fe, the maaerial removed from these '�.lxtres ma be.:plaF57 - atw a r:) r late pointts on the sho.Meline i.n accordance with ether a2121icable.�prw ions., of this .`dN19ion, where fea^ible , mkt gation measures have been Provi ed -to . minimize advr_T,*e -- If _eCt_cets: _. 1lsiaecta � t hat sha:..l ,,.:be , eons dereri before issla inyL a rleve•loment,:permit f��r uc}i pur�osea arc tli(:- mrLhod oC ;F'l--accment-, tLme of yaar of _d. sensitivity 'of tf.e� acen�ent , ar _ placement Berea. ( Amendc!d by ,Ch . 6731, Stats . ( 11me'ded b Ch . 431 Stats. 1982 . ) Authorized to Publish Advartizements or all kinds Including public notice:, by flocroa of thts SuPurlor Court of Orangu County, Caillorma, Number A-62U, dal:d 29 Seprember, 1911, and A-2413a 1, dated 11 June. 1963. STATE OF CALIFORNIA W Cironty of 0(ange Put*K Notice Adwwllo" covored •�� b► U+H aftswl is W to r pant *Aln 10 pr,e cohmm WWI" I am a 0,Itizen at the United States and a resident of � �, the County aforesaid, I am ove►• the age of eighteen years• and not a party to or interested in the below U y entitled matter. i am a principal clerk of the Orange _ Coast DAILY PILOT, with which is combined the I ' f' ff IU 0 NEWS-PRESS, a newspaper of general circulation, PUMIIC HEAWN0 ' printer! =nd published in the City of Costa Mesa, r".NNINQ COM4. MIAaM County of Orange. State of California, and that a ?ONE CRA+p No. Public Hearing 1.sWOL Notice of tift3ATIVDECLARATION , r. .._._ _._ 410TICE rf. HEFEBY UIVEN that a pubzia herring ` _ wiV be held by tr►s tarty Coun- -it w the city of hunurom 1 of which ceoy attached hereto is a true and complete Flcacr, lh the council' f•�'l� �" Chamber of ,the .clvrc �? �- copy, was printed and publislo'-d In the Costa Mesa, G*ntar, r•fur%.Urnion pvt-v . r f �� e1:her mw or 7:30 D'.f�t.;-W Newport Beach, t ev Mo Huntington Beach, Fountain Vallejo, on nK.=fter as 0M. / F 9 I Ible on,TuoiWay,''lho' ;f14, Irvine, the South Coast communities and Laguna d•r of t':;;l605, for late 1 time purpove at cclilkw an Beach issues of said newspaper for avrsva the fnaln)41Corn-. Imitsim's daetnl to, 'one a�" cq rsecu1k,&.vveeks:to wit the Issue(s) of �s� NDeclnst a Ko f' ) 24-33 lane t:h", xo. f / t�t,V srBat Ter ti uM(oo '1 cWiree W ProtxLimited ttte y owftt Zeno t:.uo•, May 9 5 C2 t to t.h7mod um uttilt"-: cocatal:Zone c&Abkwd th%oN vroduclfon (LUD- axnu►1 .altrVa, T" prop arty 13 lamled on rho Inband caste Or POWAc Neewand ►sts r a voclarellon Ne 4V33, r2*15idlt4 Md enYtrCAW*N4 hllacte of sold=no than a,' All Intereatsd pq�tMo(1f ere Invited to 6116n ih4f Meet- Inu • anr3 .divirsig,•'tbsir opinfA Io Zot* t a�. 04-15 and Neaethnr t� atwn flo.8�•as. ` .. : Furtf»r rrrrorlritittM �1tey I declare, unaur penalty of enalt perjury, that the �1ar�w n��tn.wn P er srtr�, foregoing is true and correct. oatrd:may►liN3y0T1fN17r 7.�t f b CfT'y 'tom N1. Hay 9 1 8 5 �f�11t'Ja.l tits: Nthlr ,M. Executod on . west i tr,awht rasratr�r�d � crwtat`. at Cost7Ma,',,C. al1fornla. n �+� g SI 1�ature �•� �''' ' i PROOF OF PUKIGATM r . t .A t � CITY OF HUNTINGTON BEACH M. '2000 f:sHIN STREET U.LIFORNIA 92648 OFFICE or THE CITY CLERK May 23, 1985 William Curtis 3200 Park Center Drive, #1160 Costa Mesa, CA 92626 The City Council of the City of Huntington Beach at its adjourned regular meeting held May 211, 1985 opened the public hearing on your appeal to the Planning Commission denial of Zone Change #84-15 and Negative Declsrati on #84-33 and ccili nued it to the November 18, 1985 Council meeting. The Cow►,.il also directed renotifirat-ion of the continued hearing. Please call the Development Services Departm.int if you have any questions - 536-5271 . ALICIA M. WENTWORTH, CITY CLERK BY -� Jeputy MIW:CB:lit CC: Howard Zelefsky, Dev. Services Dept. (1 kpfi n.: 714-43 27) CITY OF HUNTINGTON BEACH [:-�g2000 MAIN STREET 1 CALIFORNIA 9"c648 OFFICE OF THE CITY CLERK Ar;vi 1 22 , 1986 William Curtis 3200 Park Center Drive, Suite 1160 Costa Mesa , CA 92626 The City Council of the City of Huntington Beach at its regular meeting held (Monday, April 21 , 1986, continued action to July 7, 1986 an your appeal filed relative to Zone Change 85-15 and Plegative Declaration No. 84-33. This appeal will be re-published with renotification. Please call the Development Services Department if ,you have any questions - 536-5271 . Alicia 14. Wentworth City Clerk AI-1W:CB:b t CC: Jamas Nalin , Development Services Director Gail Hutton , City Attorney IT +:714sae6M) 19 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK November 19, 1985 Willipm Curtis 3200 Park Center Drive Sate 1160 Costa Mena, CA 92626 The City Council of the CiLy of Huntington Beach at its reqular meeting held Monday, November 18, 1985 continued action to April 21, 198E on your appeal filed relative to Zone. Change 85-15 and Negative Declaration No. 84-33. 1'he Council also decided that said appeal be re-published with renotif.i- cation. Please call the Develop:-nt :.services Department if you have any questions -536-5271 . Alicia M. Wentworth City Clerk cc: James Paling Development Services Director Gail Hutton, City Attorney f't��uh�:y146�71 10 Publish 7/23M6 NOTICE CIP PUBLIC HEARING APPEAL TO PLANNING COMMISSION DENIAL OF ZONE CHANGE NO. 84-15 & NEGATIVE DECLARI,TION NO. 84-33 NOTICE IS HEREBY GIVEN that the Huntington Beach City Ccuncil will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 gain Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE: Monday, August 4 , 1985 TLME: 7 :30 P. M. APPLICATION MWER : Zone Change No. 84-15 & 'IleraJve Declaration No. 84-33 - Appeal LOCATION: on the inlar:d side of Pacific Coast Highway between Magnolia and Newland Streets PROPOSAL: Appeal to the Planning Cor;nission' s denial of Zone Change ?lo . 841-15 and Negative Declaration No . E4-33, this item had previously been discussed by the Council on April 21 , 1986. Zone Change 84-15 is a request to change the zoning oi. 't acre of property from Limited Use District- Coastal Zone (LUD-CZ) to Limited Use district - Coastal Zone - combined with oil production (LUO-C7-01 ) for the purt,osa of drilling oil wells . ENVIRONWW- AL STA.TOS: Negative Declaration No. 84-33 assesses the environmental imoact of said zone change. ONONFFILE: Legal description on the proposed zone change is on file in the Development Services Office. :ALL L'11MESTED PERSONS are invited to attend said hearing and express opiniins or submit evidence for or againsr the application as outlined above. All applications, exhibits, and descriptions of this proposal are on file with the Office of the City Clerk, 2000 Main Street, Huntington Beach, California, for inspection by the public. i HUNTINGTON BEACH CITY COUNCIL By: Alicia M. Wentworth ' City Clerk Phone (714) 536-5405 MY 17, 1986 • Publish 5/9/-8a AL y L/ NOTICE OF PUBLIC HEARING APPEAL TO PLANNING COMMISSION DENIAL ZONE CIHANGE 140. 64-15 51 NEGATIVE DECLARATION NO. 84-33 I NOTICE IS HEREBY GIVEN that a public hearing will he held by the City t o Beach in the Council Chamber of the Civic Council of the City of tluntingt n , Center, Huntington Beech, t the hour of 7:30 P.M. , or as soon thereafter as possible on Zue�lt, the Z� t da} of U24, 194 for the purpose of considering � an appeal of the Planning Cormission's/ denial to one Change No. 84-15 and ll� b�� /'Vi Cu� Negative Declaration No. 84-33. Zone Change No. 84-15 is a request to c►hange2-1 the in o ± 1 one acre of property from Limited Use District - Coastal �98� zoning n (one) p p y Zone (LUD-CZ) to Limited Use District - Coastal Zone - combined with oil rodiiction LUD-CZ-01) for the purpose of drilling oil wells. The property is P ( P F g F F Y located on the inland side of Pacific Coast Highway between Magnolia And Newland Streets. Negative Declaration No. 84-33 assesses the environmental effects of said zone change. All interested persons are invited to attend said hearing and express their opinions for or against said appeal to Zone Change No. 84-15 and p 8 PP B Negative Declaration No. 84-•33. Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California 92648 - (714) 536-5227. HUNTINGTON BEACH Dated: May 7, I91;5 DEVr':'i SERviCES CITY OF HUNTINGTON BEACH By: Alicia H. Wentworth MAY 0 7 1985 City Clerk Hunt ngwis %JA 92548 JA CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 2 , 1986 William Curtis 3'200 Park Center Drive Suite 1160 Costa 'Mesa, CA 92626 Dear 4r. CUr ti s: Attached is a communication from the Development Services Department relative to your appeal Zone Change No. 84-15/Negative Declaration No. 84-33, which had been continued open from the April 21 , 1986 City Council meeting. If you have any questions , please contact this department (536-5405) or the Department of Development Services for assistance (536-5271) . ALICIA 1. WENTWORTH, CITY CLERK By: Connie Brockway, Deputy � AIV:cb enc. Mhro o w:714431e2m BilterwAter La roncrties ��-�'"' ppppp� 611 Antnn Bled IF Costa Mesh CA 92626 Attn: f ;Aald J. r" Llee Gary Gorrnnn Friends of Hunl inglon Wctl and!: 9122 Christine Drive Huntington ©each, CA 92.646 Donald Tray 5272 Allstone Drive Huntington Beach, CA Ruth Gnilanter State Coastal Conservancy 1330 Broadway, Suite 1100 Oakland, CA 94612. Southern CA Edison 7333 Gal sa Avenue Westminster, CA92683 Attn: M.D. Martin' r Orange County i•I.-)od Control P.O. Box 1078 Santa Ana, CA 9.702 Daisy Thorpe/William McKenna 3435 Wilshire Blvd. 213th Fir. Los Angeles, CA 90010 State of California Public Works Dept. Oil b Gas Division 1416 9th St. Sacramento, 95814 State Board Of Equalization 102.0 'N' Street Sacramento, CA 95814 Calif. Coastal Commission Southruast Division P.O. 1450 Long Beach, CA 90801--1ti50 Attn: Chris Kroll