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Zone case 84-15 - William C. Curtis - Inland side of Pacific
I 121 Zone Changes ZC 84-1 S - ND 84-33 - "A"!inland PCH bruin Magnolia St/Newland St, "D"/inland PCH w/o Magnolia St - 1Q86 ,y Rt L' :!. rut'• 1► R;,.t 1 ;�" t'Al 01 R not,tes by OFt►es vt t!►e Sup6,400 C06 : 14 0tan9t County, Cat(to►nis. Numbat A•6714 ' Voted ?) Ssotombar. 1961. and A•74531. dstoa It June: 1963 STATE OF CALIFORNIA A!►1t11t. County of Orange r„ws ww aseerm•p co.wa a vq ""Sea s as r. T J�A�� PCs l MBTip�;:���`Nttllfiy I am a Citizen of the United Siates and a resident of j � 3 MM the County aforesaid; I am over the age of eighteen -years, and not a party to or interested in the below �' s ��►,�? entitled matter. I am a principal clerk of the Orange j1.0 a"arm ata" h"! Coast DAILY PILOT, with which is combined the `00411L60M10 1°OveWd� NEWS-PRESS. a newspaper of general circulation, Ihe+trrl K , ,r t7R1lpMl{itllCY��t�Jr`1k (_� printed and puhlished in the City of C031a Mesa, { t , Count of Orange, Stare of California. 'and thid a Y sar�txrar. :t ��} Notice of PUbL IC HEARING tOcrot�oa ra��. x Ne�llWah '� •�twwA� of which copy attached hereto is a true end complete ; cry.. le; i copy, was printed and published in the Costs Mesa, Newport Beach, Huntington Beach. Fountain Valley, ;or+atY's �f���wrr1� Irvine, the South Coast communities and Laguna ►= Beach issues of said newspaper for ONE TIMEr�: ;�,i, consecutive weeks to wit the issue(s) of t 14�tltaft�lu p�laple: ' ito4ltrr toil� IR,?�LW August 7 6198 !IM1wui` �,' iMM 111k a "16. towr;iit:a a�aa�•j 148 S} S , t declare, under penalty of perjury, that the foregoing is true and correct. 1 ,Executed on Avg ust 7 , 188 ( at Costa Mesa, Ca tprnia. ; ... ..�. , �.. nature t4r �(Zi.pbT : PROOF OF PUGLICATI011 ' REOUESf� FOR CITY COUNCIRACTION F Date ; Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson , City Administrator6,wf � Prepared b James W. Palin , Director , Development Services Y= � Subject: APPEAL OF PLr.NNING COMMISSION DENIAL OF 'ZONE iA GE NO. 34-�15 AND NEVVIVE DECLARATION 110. 84-33 — WIL 14 CURTIS* APPLICANT Consistent with Council Policy? P: I Yes C J New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attad}ments: _ STATEMENT OF ISSUE: This item was continued from the City Council meeting of August 41 1986 to allow time Eor a public notice to be advertised and mailed, and a new 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 war discussed by the Commission on August 51 1986, and the Commission 's report is included below. On April 16 , 1985 , 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 located 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, conbined with oil production (LUD--CZ-01 ) for the purpose of drilling oil wells . For clarification, this sate shall be referred to as location W . After reading the concerns addressed in the RCA dated August 41 1986 , and after discussion with staff , the applicant agreed to modify the requested location and the requested bane dia';rict 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 •Coast:al Conservation` would be appropriate for the site . The zone change request for the location "e' site, which is a one-acre site immediately adjacent to Magnolia Street and south of the Orange County Fl^od Control Channel, is now from Limited Use Dist'cict--Coastal zone (LUD-CZ ) to Coastal Conservation-Coastal Zone-Combined with Oil Production (CC-CZ-01 ) . NIb Ulm , RECOMMENDATION: First listed is the Planning Commission act;1on on the original negative declaration and zone change request . Second, the action taken regarding the Planning Coininission. ' s report back to the council on Lugust 5, 1986 , is listed. Finally, the staff recommendation i:,, the third item in the Reconmendation section. . ` Planning Commission action on April 16, 1985 : ON MOTION 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 I MOTION PASSED ON MOTION BY WINCHELL AND SECOND BY ERSKINE, ZONE CHANGE F40. 84--15 WAS RECOMMENDED FOR DENIAL BY THE PLANNING COMMISSIONt SUBJECT TO THE FINDINGS LISTED BELOW, BY THE FOLLOWING VOTE: AYES: Rowe, Winchell , Schumacher , Livengood, Erskine , Porter , Mirjahangir NOES: None ,ABSENT: None i%.RSTAIN: None FINDINGS FOR DENIAL: 1 - The proposed oil operation will not be compatible with the surrounding uses. 2. A Slone Change at this time may prejudice an ongoing study of asl;essing and planning for the wetlands areas in the Coastal Zo ' e. between Beach Boulevard and the Santa Ana River being conducted at the di.ection of the City Council . 3 . A Zone Change within an area , identified as a White tole by the Coastal Commission, is premature. PlanniL Commission action on August 5, 1986 : ON MOTION BY PORTER AND SECOND HY .LIVENG009, THE PLANNING, 'COMMISSION VOTED TO REPORT BACK THE FOLLOWING CONCERNS TO � THE CITY ;.COUtiC+L ON NEW LOCATION 'B" FOR ZONE CHANGE NO. 84-15, BY THE FOLLOWING VOTE: AYES: Porter , Livengood, Schumacher, Rowe, ' Erskine,'' Winchell NOES: None ABSENT: Mirjahangir ABSTAIN: None RCA . August, 4, 1986 2- ( 5736d ) REPORT BACK TO UNCI L -• CONCERNS 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 tail drilling site be located closer to the Edison Company property but still on the Daisey Thorpe Piccarelli property (Curtis lease area ) . Staff recommenda Lion; 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 Coaa.tal Conservation-Coastal Zone-Combined With Oil Production (CC-CZ-01 ) will be compatible with surrounding lend uses . The closest residential property is separated by a distance of over 500 feet and across the Flood Control Channel and Magnolia Street. 2 . The Laxid Use Element of the General Plan designates the property as Conservation , which is consistent with the zone designation of Coastal Conservation--Coastal zone-Combined wi th 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 to the general health, safety and welfare of the community. 4 . No other feasible alternative location exists outside the wetlands that would accommodate the applicant 's oil drilling operation due to ttlP shallowness of the wells . 5 . The proposed site for the oi.l 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) . 7 6. The Coastal. Element of the 5untingto'a , Beach General Plan skates that the goal of coastal energy planning is to successfully balance the needs :.f riigional and local communities , while encouraging We positi+re impacts of energy devulopinents and mi7-igating their adverse affects . RCA poguat 4, 1986 -3 - (5736d ) 7. Since the Coast Conservation District req�,ires a conditional use permit before the Planning Commission to initiate an oil drilling operation, further opportunity will be available to analyze the s3pecific jgoposalz and condition the project by incorporating the miation 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 181 ) . The report to the Council on August 4, 1986 , explained staff 's concerns regarding the original Location "A' . Oil extraction is a use which may be allowed in the Conservation land use designation Provided that it is the least environmentally damaging alternative and _proper mitigation measures are incorporated. The new location of the peoposed drill site at Magnolia Street would eliminate any need for an access road cutting through the wetland . Staff believes that Location "B" is the appropriate, least environmentally damaging location. In addition , 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 j drilling site. This process will ensure that any mitigati measures can be incorporated as conditions of approval . ! The Department of Fish and Game has designated the rubjec� s a ! wetland which is defined as "land within the Coastal Zone . !CDs . dray be covered periodically or permanently with shallr-, ;,r`.-iter include salt water marshes , freshwater marshes, ope,: or closed ' brackish water marshes, swamps, mudflets and fens. " Sectio;; 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 �.ct states, 'oil and gas development shall be permitted In accordance with Section 30260. . . ' ENVIROIIME14TAL 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 Negictive Declaration included a biological assessment prepared under the direction of thR Department of Development Services by the consulting firm of Michae'' a ' Arandman Associates The staff received comments from Use California Coastal Commission and Department of Fish and tame regarding the proposed zone change. These comments and staff responses have been incorporated into the attached Negative Declaration. FUNDING SOURCE: Not applicable . HCA - August 4, 1986 4- (5736d ) , ALTERNATIVE ACTION e. . Deny Zone Change No 84--15 and Negative Declaration 84-33 . ATTACHMENTS: 1 . Ordinance 2. Letter From applicant revising zone change retwest dated August 51 1986 3. Origi-.-Q, RCA dated August 4 ? 1986, including: L,,. :. �r of Appeal from Southern California Edison Area Map Minutes of Planning Commission meeting April 16, 1985 Planning Commission staff report dated April 16, 1985 Negative Declaration 84-33 AIP:JA: kla 5736d) RCA - Auyt3flt . 4 r '.19g6 ..g_ ( 11UNTING ION B' EACA � William Curtin DEVELOPMENT SERVICES 1845G Le Marsh #44 l Northridge, CA AUG 11 91325 P.O. Box ISU Huntington Suit, CA 91 ' August 5► 1986 Huntington Beach City Council Attn: Ms. Alicin Wentworth► City Clerk 2000 'ruin street Huntington Beach, CA 92648 Mayor tdandic 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 Aagust 5► 1986. ! T agree to the Planning Department's recommendation to change LUD - CZ I to CC-CZ-01 for the purpose of drilling oil wells. i sincerely, Willimn Curtis i i I i . I . I 1 • ' Y• AususdW 1986 NOTICE OF PUBLIC bTARMG APP PAL TO PLANNING COKHISSIOR DENIAL OF 'LONE CHANCE NO 84-15 & NEGAT_u D-9CLARA,TION NO 14 33 NOTICE IS HEREBY G?VcN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beac',, C3vic Center, 200n Hain 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. LOCATION: "A"- Inland side of Pacific Cwest iiighw,ty between .4aguolla and Newland Streets. "B" - Inland side of Pacific Coast Highway, 1=edlately to the west of Magnolia Street. I SUBJECT: Appeal to the Planning Comaission' s denial of Zone Change No. 84-15 and Negative Declaration No. 84-33. Zone Change 84-15 involve& two alternative sites. 1^cation "A" Is a request to change the zoning on 1+ acre of property frox Limited Use Dis�rict--Coastal Zonj(LUD-CL) to Limited Use District - Coastal Zone. - combined with oil production it (LUD-CZ-01) for the purpose of drilling oil wells. At the August 4, 1986 meeting, -tie applicant agreed to revise his :one change request by changing the locatioa of the oil site to one immediately adjacent to uagnolia Street. Location "B" is a request to change the zoning on 1+ acre of property from Limited Use District - Coastal Zone (LUD-a) to Coastal Conservation - Coastal Zoue combined with oil production (CC-t.7-01), for the purpose of drilling oil Wells. EWIRONHF.Ih'TAL STATUS: Negative Declaration No. 84-3,7 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 P EESM ,are invited to attend said hearing and a areas opinions or subcrit evidence for or against the applicatioa as outlined t above. All applications, exhibits , and descriptions of this proposal are �r on file with the Office of the City Clerk, 2000 wain Street., Hunt:ingson Beach, California, for inspection by the public. HUNTIN GrON BEACH CITY COUNCIL . By: Alicia M. Wentworth City Clerk . , Phone (714) 536-5405 Dated. husuat 5, 1986 '' 0 0 ORDINANCE 110. � 862-3 AN ORDINANCE 0; THE CITY OFF HUNTINGTON BEACH AMENDING THE HU14TINGTON REACH ORDINANCE CODE BY AMENDING SECTION 9061 TO PROVIDE FOR CHANGE OF ZONING FROM LIMITED USE DISTRICT-COASTAL 6GNE TO COASTAL CONSJRV&TIO11-COASTAL 2-ONE-OIL SUFFIX j ON REAL PROPE:R,rY GEi'ERALLY LOCATED INLAND OF PACIFIC COAST HIGHWAY , IMMEDIATELY WEST OF MAGNOLIA STREET AND SOUTH OF THE ORANGE COUNTY FLOOD CONTROL CHANNEL ( ZONE CHANGE 110. 84--15) WHEREAS, pursuant to state Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City i Council have had separate public hearings relative to Zone Case No. 84-15 wherein bath 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 ev±.dence presented to said City r Council, the City Council finds that such zone change is proper, and consistent with the general plan, N041, THEREFORE, the City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . The real property described in Exhibit "Alp 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 fron, LUv-CZ, " Limited Use District--Coastal Zone' to CC-CZ-01, 'Coastal Conservation-Coastal Zone-Oil suffix." OAV SECTION 2. Section 9061 of the iiuntington .ae6ch Ordinance Code, District Map 29 (Sectional pistrict flap 24-6--111) is hereby amended to reflect the change contained in this , ordinance and on the nap attached hereto as Exhibit "d' and incorporated by reference herein. The Director of Developmont Services is hereby directed to prepare and f i 'Av an amended map. A copy of said 'exhibit 'B' shall be available f:r inspection in the office of the City Clerk . I`a SFCTION 3. This ordinance shall take effect thirty days after its pw-,sage. F PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof on the � day r of 1986. IN Mayor it s ATTEST: APPROVED AS TO FORM: 1 r, t" x City Cl ee r ltic C t�� t iey _ :t 1 a REVIEWED AND APPROVED : INITIATED A11D APPROVED: WOO City A miR strator�,k rec, or of eve 1 6FG16 h t gery Ices'. l . �� 1PI1.1'':Hl1i( l'f►f!erilf oil'I I l Ar•`l (fi,ny� AIlf� ri w I (1.17:A1, I►1:!:�'Rlf I III} .� JII 711i; 1:l1"Y ur1111immaltl( arA('il, C(N.R1ry or UPAN+:C. S111'!:' ! Ct 11YUP 11A, AM) 13M."; A P0111 1011 OF CF(.a' 41S S 3 AND i . VV.iSI11 P /. ti1111111. 011(4. It VEST, AR U S110.'U MI 11(1: HAP FRED )11 Ai,k?t' 1Q 01' Rr. MUIS t,f At 27, IN lliF 7 11rncr. Ur up i'kfimry Rf.CURDFR (or UA1t1CK C(p.1!iTY. CA1.11•UPUTA, A"Il 8t',1ti1: 11(.KF 1 i VARY11:111ARI.Y I,r.';C1111511) AS YOVIANNi ]I) PAP,CII. flu., l j) W,'1111MV: ,.I' A rUIN1 im ur 110RCiICASlffil.l' 81JI,lti11M (11 1111. IAND F11141U ON (� SAID R.N. 29127. 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R2 ! .� � ,� ;� I .:,•-,• a! { fl] RJ I I RI tS2- t3 a ( �r �[--1 If R3 t r r .c.«..► _s R7 t f + ( 11 L HI + + 1S ' R4-28 " R l ri ,_ 1 -` �F—R R3-' W . R) �� I_ _�`•--,I rI RI �[� H! r AI ' Rt � � -� . t tl 1+• ;t o I M I-A-Q r, All L RL.�r .. . \ Ll~\ y � \� \jam G�$'1 .'Y',. i •. MH-CZ y i. r, ell RACIrr- OCE��� tv �� dflMlCl Luci LoaTta WE a � r�, \ tX.11ItCT •`•tip OC444, ONE G� NG moo` �'yrj'S" 1i REQUEST FOR CITY COUNCIC CTION Date August 4. 19?,5 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson , City Admirtistrato Prepared by: James W. Palin, D. rector, Development Services 1 Subject: APPEAL OF PLANNING COMMISSION DENIAL OF ZONE GRAN E N'0 84-15 AND NEGATIVE DECLARATION NO. 84-33 Consistent with Council Policy? Yes ( j New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: }fi. STATEMENT OF 3SSUE: Transmitted for your consideration is an appeal of the Planning Commission ' s denial of Negativ-. Declaration No. 84-33 and pone Change No . 84-15, a request ' .: change the zoning on an acre of property froin Limited Use District - Coastal Zone MUD-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 in a letter to appeal dated April. 24 , 1985 (Attachment JI ) , that he requested continuance of any action: by the City Council on the Zane Change request until the study on the "White Hole' areas was complete . The Cour.cil arced on this area at their meeting of June 21 1986, by adopting Resolution rlo. 5670-A (Attachment 12 ) . Coastal Element: Amendment No. 86-1, designated the subject site as Conservation . RECOMMENDATION: Planning Commission acti.ors on April 16 , 1985: ON MOTION BY PORTER AND SECOND BY WINC}TELL, NEGATIVE DECLARATION 110. 84--33 WAS DENIED BY THE PLANNING COMMISSION, BY THE FOLLOWING VOTE: AYES: Rowe, Winrhell , Schumacher , Livengood, porter , Mirjahangir NOES: Frskine ABSENT: None ABSTAIN : ;lone MOTION PASSED r10 44 Awl ON MOTION BY WINCHEL L AND SECOND BY ERSKINE, ZONE CHANGE NO,. 84- 15 WAS RECOMMENDED FOR DENIAL BY THE PLANNING COKKISSIOti, SUBJECT TO THE FINDINGS LISTED BELOW, BY THE FOLLOWING VOTE: AYES: Rowe , Winchell , Schumacher, Livengood, Erskine, Porter , Mirjahangir NOES: None ABSENT: None i ABSTAIN: tone MOTION PASSED ` FINDINGS FOR DENIAL: 1 . The proposed oil operation will not be compatible with the surrounding uses . 2 . A Zone Change at this time may prejud►.ce. 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 . i I 3 . A zone Change within an area, identified as a Vrhite Hole by the Coastal Commission, is premature . I The staff recommendation is identical to that of the Planning Commission . ANALYSIS : The zone change request is intended ",o allow for the drilling of gas/oil wells on an approximate oae •:sere site at the inland side of Paci. Eic Coast fiighway approximately 403 feet northwest of Magnolia Street (see attached legal description ) adjacent to :he Change County Flood Control Chan►,el . The requested -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 f Adjustments ,t Cup t the obtained Eton the Board of _ oniny A 3 ,en s , pursuant o 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 ITI will involve securing an off--shore oil and gas .lease from the State of California in order to slant drill for oil from the subjoct• site . The Planning Commission in their discussion on April 16 , 1986 i indicated that the application for a zone change was premature because of the study then in progress for the 'white hole" area . i i; q'l (5?36d ? RCA August 4 , 1986 -2- ` Coastal Element Amendment No . 86-1 , approved by the City Council on June 2 , 1986, addressed the "white hole " area and changed the 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 o e proposed drill site e location f the i measures are incorporated . Th to i n h p p 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 a roval of the zone change i.t this location. Since the PP 9 "White Hole ' area has note yet been certified, the Coastal Commission would have to grant a Coastal Development Per.mi.t 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 this determination this area of the Coastal ".one was "white holed" to allow for further studies . Section 30260 of the Coastal Act states , *coastal-dependent industrial facilities shall be encouraged to locate or expand within existing sited and shall he permitted reasonable long-term growth where consistent with this division . . . " Section 30262 further states , 'oil. and gas development shall be permitted in accordance with Secti,an 30260. . . ' the Coastal Act clean anticipated resource production as Although Y p a desired use in the Coastal Lone subject to the mitigation of any adverse environmental impacts , such 6 use could much more appropriately be located adjacent to Magnolia Avenue, eliminating the need for a new access read cutting through the wetland . The Conservation. designation specifically allows for oil extraction only where it is the least environmentally damaging alternative . ENVIRONMENTAL STATUS: On Nevember 5, 1985, Draft :Negative Declaration 84-33 was circulated for a 30-day review in order to solicit: comments from responvible State and local agencies . The negative Declaration included at biological assessment prepared 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 Game regarding the proposed zone change . These comments and staff responses have been incorporated into the attached negative Declaration . FUNDING .530URCE: riot applicable . RCA - August 4 , 1986 -3- ( 5736d ) j ALTERNATIVE ACTION: As an alternative action , the City Council may consider continuLng Zone Change No . 84-15 and Negative Declaration No. 84-33 to allow staff time to advertise a qualified ( "Q" ) suffix on the otte 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 i` Oil Code , specifically .elating 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 oill`gas site shall be inspected as to conformance with Conditicns of Approval prior to commencement of each phase of the operation. j 4 . A berm should be constructed around the project site in order to isolate it in case tidal action should be restored. i a . 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 stiveted globes. 6 . Prior to issuance of a dri:ling permit , the applicant shall restore between one and two acres of Owetland" 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 Edison 3 . Area Map 4 . Minutes of Planning Commission meeting April 16 , 1985 5 . Planning Commission staff report dated April 16, 11085 6. Negative Declaration 84-33 kJWP: JA: k l a RCA August 41 1986 -4- ( 5736d) � AECE11'£p h P? WILLIAM CURTIS 3200 Park Centex Dr. Suite 1160 Costa Mesa , CA 92626 April 24 , 1985 Huntington Beach City Council Attli: 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 Co=aission decision to find Negative Declaration No. 8:-33 inadequate and to recommend denial of Zone Case 84-15 relating to the estabiishnent of a: oil operation site inland of Pacific Coast Highway and North of Magnolia Street. The primar , 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 request_ , pending completion of the study; however, we were not giver; 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 es`a.b lish an oil operation site somewhere on the property under lease. If we were giver the opportunity 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 . We therefore respectfully request that you continue action on these applications pending completion of the study , and that we be appointed to the Study Conunittee . We also ask that the study move forward as soon as possible to avoid "necess'a.ry delay. Thank you for your consideration of this request. Resp-ectfully Submitted, William Curtis A-H G•t•E AID • RESOLUTION NO . 56 70-A A RESOLUTI02: OF THE CITY COUNCIL Or THE CITY OF HUIZTINGTO14 BEACH APPROVING COASTAL ELEMENT AM 1%ZM,rNT NCB. 86-1 TO THE GENERAL PI+kN IMEREAS, the City Council of the City of Huntington Beach desires to update and refine the General Plan in keeping with changing community needs and objectives : and A public hear inc on &:.Gr t .,r: f Coastal rl enen t hmendN:ent N*c . 86-1 to ,the General Plar, was Yield by the Planning Commission or, April 22, 1986 , and approvea for re_o,-x;endation to the City Council ; and Thereafter. the City Council , after dying notice as t,rescribed by law , held at least one public hearing tc consider Coa_ :al Element Amendment No . BE—! ; and At said hear inc before t1he City Council E.11 persons desiring to be heard on said a:-nendm nt were heard , i NOW, T'HEREFOPX, HE IT RESOLVED b% *Zhe City Council cf tl)�- City of Huntington Beach, that Coastal Element Amendment No. 0-6-1 consisting or the followir.c chances is hereby adopted : Designate the 231 . 5 acre non-certified white hole area for i acres of Visitor Servinz Commercial . 17 acres of Industrial Energy Product ior,JConservation, 83 . 0 acres of Industrial Energy Production and 125 . 5 acres or. Conservation as indicated in Exhibit. 1, , attached hereto and incorporated by reference herein . Coastal Element Ariendr+ent No. 66-1 will be p.esented to the Ct? ifornia Coastal Commission as the Land Use Flan for the uncertified white hole area , I, • \`•. ��.• h' 1 • t` 1 trtt Ni R '\ 'i'4 �rl flRr((i {'!11p1iti'll�l ► .l. \ i` •� ,' * .� /. �I '�i !I'I t11 �t•.� j �i f s'• '��)11�. r Ilsl .� - • �\ ..; i( ' �Ilt 11,�1J �, ;114��:,,� 1!��1;�1! ;'�; `� .• -. •: '•, ; • - � �{, � ,�} /♦ - --•. •i� iii{I }�1�[S,1 }t., ��I�; ;�,���', r�Ift� - ...•� ,�•• .t•�;.•�� 4; - \ i ��` !�,.� I O• t' t••r. �t�_.• _� •I +t r.l�Ili+ rrl' I !,.+ '*' ^!„ t l .,1 ilj aJ -.� _._..� _ = 1J rIXATW,rsrtAJ S ? � !}p51 + Si tt( r i, •` L t 5,,. ",.c- r - T�,U1111DRIiA!►f '�`^•- �����.. -•'` , fit• `\;I l �� f��`,�41��1�' Il I,{Il��jl��;'�i +_ ...�riiii 1: 1,..,..... •,- .� - • 1! 17 ilt.::..!t�1 :►+.. i • _ � � 't:' t i t• � •ft. -` � 1 ,` �!�. ti 1 i -� ,=' I��EIIU 1 I, t;.rs;jl'��' !,Si -t' �••_---: _ _ ,•" . ,� ;t � .�_ -- — _._ _ '` •�t ��t�yJ �ItTf i� 1�!11;�i1 {��tf£_ i •,• �� ., r i, i ." f ;C�^= ltT`j _. .___ { t1.+ •,+III r4 i` I t l�Li!! � •� s l ••t � • • ► }[[' .T ^?�"'�-.� i' ,•.i ` .� �I�E��; '`�(I�ai t�Iit3 � ., ••r. � f -rJ .1,'t•.• ':,j,t. .. � ( �1 •'�• •��•t• at•i.�/.�� � - -- .1.1- I t St 1 I Ili l��If� ��� II��, ` ' -t _ t '• i +- ..- 1..�•►f i i.'r.•:�_J1��„•��� ` � 1 - --_._.� I� (���Ste■�'�� ��'��t•F r :II �.=�•t � • .. • :�-i� _._ - _. _____-_� - r _ r/+ul;,wear nt.jlWA j1::I1;L;,,3,`ul,t�i:��tl:��1 i tff• __ - EXHIBIT n IMITIT SrWifirr f:lig'rMt,1r txrr ,mi NONCERTFIEQ COASTAL AREAS I - t+LN�rr Oft'+►tt�/sNt 1M1. F'iT�r{ F'5�:�,� ft�ti.R'1AIiG!� .xx PASSED AND ADOPTED by the City Council of the City o: Huntington Beach at a regular meeting thereof held on the 2nd day of J vn a 1986 . -te4,1 or ]ATTEST: APPROVED AS TO FORM: Cl �v r; .� < City Attorney REVIEWED AND APPROI'ED: It:ITIATED AND UPROVED j 1 ".,zty K'a'ministrat Directory ot Development Services I s RC:c. No. W04% Mal OF CALIFORKIA } COMM OF ORANGE CITY OF NilfiT1wrok SUCH is ALICIA Y, WEA+VORZ'Ji, the duly elected , qusM1if:6 City Clerk of the City of Huntington, beach, and ex-of:icio Clerk of the City Council of said City, do hereby certify that the whole nwaber of umbers of the City Counctl of the Cirp of RuntiaSton beach is seven; that ;he foregoing resolution. &s passed and adopttd by the affir.:6%tive vote of more than a tutiority of tll the r -mbers of said City Council at a regular cseetin£ thereof htld on the Ind day of , iurj2 ,,,,,r j 19 , by the folle ing vote: iAXES: Counc i lmos: i irle%- . Mancic . r.� ilc-�'-, mete . 7hN'r,2c N3F-S Count i Imen: Ke i MacF.l 1 i ster ABSENT : Ccunc i lmen: None ... �......_...._..._.. _ .w....__..._ i I Cicy Clerk and ex•officio Clerr. of the City Council of tht Cite of Huntington batch, California I i i ray &I,- .0 lot#,{ aw 4`c1fTlsr Southern Callfornla Fdlean Com;)any 7.133 91OLGA 1%VCt4J1: WF.rTM1UGTCi1• CALIVOR►11A C.GH3 i M, Ll AiAU'i71N �rurs�rt AU►NA41:R, IIU/+TIN(j14/ HI"AGII {tl )OSS•02�1 I July 11 , 1986 The Honors +'_- ?..P . Mandic and City Council City of Hunt:ingtc-i Beach P. 0. nog; 190 Huutingtor, Borsch, CA 921648 SUBJECT : Appeel of Denial of Zane Change No . 814-- 15 Dear I•tavor Mandic : ! I s.,oulu like to take this opportunity to reiterate the So . California Edison Company ' s position, in regards to the proposed Lone change to callow oil drilling, on a one acre :3Lt:e im-mediately adjacent to our generating station pr,�perty o-.i Pacific Coast I7�.►� . As you are. aware , we have gone on record during the Planning Commissions ' review of the matter as h`i.ng opposed to this type ref operation and have not: ch�,r�f,ed our posit:icn . The Huntington Beach Generating Station is located on a ge-ologi.cal structure r.onti;ini.n€ "►nassive sands" which is the most susceptible to tail, pumping related subsidance . If oil dri.11iaq; operations are alloyed in the area, and especially under our exis �.ing generating station , we can expect subsidence to occur and c:, tensive damage to our peneratirg faci.l it: ies based an past studies we have don,,, . The HuntLtigt:on Beach Generating Station is an integral � part of our overall generating system that serve:► approximately 1 , 5 mil l i.on customer:i thrcughout our service t;erricory. To remove this station from service would =.-duse extreme financial hardship for a 1.i of our ratepayers . We would sincerely appreciate the City Councils ' support i.r. denying One reques ': of appeal for zone change No. 8�1-15. I 00 MY OF 11UNTUMM Ito ADMINIM!ATIVE OEQ, The Honorable K. P, Mandic Page I will be out of town at 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 tc have a representative 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 natter in further detail , please call me. Sincerely, f i MIDM/Earn cc : City Council Members C!.ty Administrator - Charles Thompson Lxrector of Development Services - .James P4ilin i 14 Ito ,: ......... .., �, CF- �' R' 1 �I... � •� 1 ir��. Rf RI /1 tlt 1 • t ..►lilt.R' . 4-. R I •, C F-E 111 • fiY • •� R L•...�•�I Ii II:•!`�rig itxr.7 RA-0 a cl RI z' „► ni Fv NI 11t C F—K I l:�., lw.•.�:..1 ti •. )I-A-0 AI •. a Ir,+ R! OIL RA-0 �� ^ a 1 R t rt I I A1 'M•0 i O y MI-A•0 A Rt" �' • • LUD-0 Oki III ni ' \ -� xR I 1 Al tit I � • raunc ........:.'.r�r �:a _ l• A' s 7 I R 1 it I ♦ 11 i 11//�•� �1� � � � � r-- `i � ts1� � f► l jY n w -1� 1• �(,s,``.`• M 2-V {f,,� \ `•4 \ � ,� i ; to i tt IT 13. I a I 1 A` i1� It y l''t�) \ /yr+tbtlt�+ ttl I ' RI •i ! • L,;..Ji.....�Y.R_t:: = Rl All Al CA Al HI R1 1 ' tLvo31.1MTED usE DST r� ,, • � i r ( (LUD) L04TEp LIP. .r.. . USE CMT 'C 4 �- ! A It y , ' .. � !'�.i✓Jii'.Ils-'.G'�/,Qs.yv��/.�./�'r4r.�iGf'.m`�i'1ra✓, • ,.104 • , � sr oo . d .16\4 xt ti ti r ' 11AAMR CDAiTAL IALT MARSH Y VAtTAL LALT FLAT '` • y •_ '..�I RifNAr (7pfNFfATfR + ' P.'IPA;3AN AMA i-'{ 1 ! • X.I. ;� `•� L \ RTA.ifOlk01RATIR ANO FLOW COMP&MMAES `` �' ,f• OPPl �•� ',� M� •' r,r' ` � t►R ,f � R[STORASii wifEAi •' • - rr T� Olt , a O i wigdt HAvi![!K FILLED "� `C • `tAj% Cue An—row,ime Tot] 01916 t y� \ 8—d GOafTwl24w!sOukOlwY 1 -a ✓�f •tom'• ��'`i�* �t� CALlf,L[ASTTERh9-ArAl f) /� •• �f i�,�j.` i - • . ♦•• ` h(STt"o SAaCTtfwRY Y �:►: [.1 . ` Qe �I i �.�• ! - s a\ . • _ 1.r ����M r �� '�+w..� _- •!..•: .yr • �. yY� - L/.t� r� � � - feu= s �, +fr,'.•R, • ALT �CF Rlb CF_)? _ i[gCED NEtT i�T[� -x Enviwormentaly Sensitive Habitats n oar,cx As Depicted By The D4. Ot Fish. And Gam 6 �!o Comm r c i a l a ?''"l i g h t s s h a l l be per n,;, t,1: !r .-a rr i e' "i'�• a"��'":"'�"� • ._..... �. The etrdTl"` comply wiLh Article 24 of they :uniform fire e . C-4 ZONE CHANGE 110, 84-15/NEGATI�IE DECLARATION Nf►. �4--32 .�- Aplicant : William C. Curtis Zone- Case tto . 84-15 is a request to change the zonirt Cbr a 1 acre site from L!ID ( Limited Use District ) to LUD-01 ( Limited 'Use District-conibined with uil production ) . The subject :rite has been designated Ias a "Wetland' by the Department of Fish and Game and is in the original permit jurisdiction therefore subject to thy: permit authority of the California Coastal Commissinn . If an '01 ' designation) is- approved for the site , the applicant will be requi.red to obtain P use permit from the Board of zoning Adjustments and a Coastal Development hermit 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 ask (.d staff what the impact is on this 'white hole " area if any. Mike Adams of staff stated thct the impact for this part:i& lar 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 si tr-, which is Limited Use District , therefore any changes tite city makes Lo the existing zcning Mould 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 Schur-tiacher asked staff i f this pr6ject waa adjacent to the Flood Control Channel . Staff sLatcd ye► . Commissioner asked staff it they planned to Lire the road along the channel . floward I Zelefsky of- staff stated yes , t:;at they want to stay as close to the Flood Control Channel so there will be as little disturbance t�; the wet land as' possible . Commissioner Sc%unacher questioned if they had permission to use the Flood Control Channel road. Staff stated . that permission had been secured by the applicant . THE PUBLIC HEARING WAS OPENED John Mandrell . Representative for William Curtis, stated -hat tie generally in agreement with staff . He stated that he y:oul('. ike to make a few comments • fie stated that mr . Curtis had drilled numerous wells in th state . fie stated * hat he is currently drilling welln in Ventura County , He has assembled a team of experts in prep .clnd Y • ( 2360d) -11- P.C. April 16, 1985 'I 1 M s; his proposal on this site, Regarding the ph<asinq of this project. the firat.,phane on the one acre site consists of gas and oil production. fie, is proposing to drill producing wells within the limits of his lease . He stated that they were not proposing tile typical production pump unit as accustomed to in Huntington Beach . Lld He stated that if this is approved in the future he would probably be expected to restore some wetlands to mitigate an,*h ing 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 t•Sarch 13, 1985 in regards of what to do with the "white hole' area . The Californ{a'_ Coastal Conservancy was requested by the city to analyze the area tb come up with sore plans with this area . They are currently - studying this area . fie stated it would be premature to make a zone change in an area with the future of: it yet to be decided . -Most of the City Council and the Planning Commission members felt the area was a wetland and most or all 'of it 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 none would not offset the loss created by- this projec'U . Ile stated that he is opposed to the Zoye 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 Edision Company, stated that he would like to clarify a few points that w_l. e r7 made in the staff report: . one wtr ich the Edi s ion Company i s i interested in purchasing the gas that is recovered, tie stated that this was not true . Thf? Edison Company has declined to enter into any type of an agreement in regards to slant drilling under their property. i 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 lane] 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 111tr . Curtis wanted to clarify his thinking into the future for the possibility of drilling from injection wells into the offshore lease that belongs to the City of Newport Beach . tie stated that they still have to negotiate this deal with the city and that is not proposed at all in corinection ..with this application . There were no other persons to speak for or against. the proposed project and the public hearing was closed . 4 Mike -Adams Of staff stated that a representative from the State Coastal Conservancy was present to answer any questions from the Commission .. ( 2350d ) -12- P. C. April 16, 1985 Chairman Livengoo - r. sited the representative t the timing on this project impacts the study . Ruth Gallanter .. . consultant to Lhe State Cot -al Conservancy who i.; f working .on the project with the City Council. staled that the t 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 ident:iEying land that may be available for selling of swapping an than the wbtlands restoration can be done in the moAOpcoductive fashion . Since the area is a piece of the area they are studying , ahe was sent to this meeting to see how or What the Commission was r trying to do wi th,. this section of the wetlands . She. stated that she hoped to idontify the land that is available and work out an agreement with various land owners to develop a restoration plan . At: the state of developing. the restoration p.l'an with specifics ; that - ' n ' c o be able to is where their i � water , or where or,c m�. 3ht ,. or might not b e handle oil. -dri : ling and appropriate herming , the California, Coastal Conservancy would then best be ab] e to deal with this question . That phase-Jn 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 procedurq .,be acted upon first . Commiscioner` Porter motioned to deny Iledative Declaration t:o . 84-33 !: based on th.p finding that the project_ is in i3 habitat; identified to he occupied by endangered species .and that it should require an Environmental Impact Report: . Commissioner Erskine stated t: hiat he was again.-It ( lie zone chan(Ie but t stated that:. he was in favor of the, I;egativo Declaration Vo. 5 � 33 because it included a biological assessment prepared under the direction of Development sere ices by the consulting f is rc of, Michael Branden and Associates . Ile stated that this was adequate in place of an Environmental Impact Report . Otl MOTION+ 3Y PORTER AND SECut�D BY 14111CIIE1.L rIE%,JAT IVE DECLARATION N0. 1�4-33 WAS nEIIIED WITH FINDINGS BY THE. I+OLLOI,ING VOTE : AYES: Rowe, Winct:ell , Schumacher , Livengood , Poo'ter , Mirjahangir HOES: Erskine ABSENT: None ABSTAIN : .. None Chairman Livengood stated that he could not: support 'Lone Change No. B4-15 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 U.at he felt that there were major reasons 'for denyintl approval due to the fact that they whole area is open for study• rl ( 236nd } -13-• P. C . April 16 , 1985 ! ,Commissioner Erskine stated that; he Was opposed to the zone change . He stated that the Cornslission munt act in good faith' for the Coastal Conservancy to give them additional time to See if this is an --� appropriatp spot for this use . Chairman Livengood questioned the Commission or whether this should be denied r ` cont:issue:l. Mike Adams o£ staff atat,ed;.t:tt.it if the this item it will appear that t�,'ti�f :are leaning towards a means or a method by which you can approve . this zone change . It the Commission cuntinues this zone change ' simply for the sake of the, stud►, than I would recomi,*, nd that the Commission take action . A zone change- does not have to Trait for any period of time and can Care back before the Planning Commission anytime ON MOTION �Y WINCHELL AND SECOND BY ERSh I IIE ZONE CASE VO. 84 - 15 WAS DENIED WITIf FINDINGS BY THE FOLLOWING VOT F: AYES: `:; Rowe, Winchc,11 , Schurriacher ;machert Livengood, Erskine, Porter , Mirjahangir NOES: ` None ABSENT: None ABSTAIti : " , Notre FINDINGS FOR DENIAL : 1 . The proposed oil operat. ion will not be compatible with the surrounding uses . 2 . A Zone Change at this time may nrejudicr� an ungoinn study of. assessing and plannintt for tile wpt.iands areas In thy? coastal zone between Seach Blvd. and the Santa Ana river tieing conducted at the direction of the City Council . 3 . A Zone Change within are area ident: ifiod as a White Hole by the Coastal Commission is premature. C-- CONDITIONAL USE PERMIT 1,0. 85 �-15, TENTATIVE: TRACT t�O. 11881 , " ITIONAL EXCEPTION 110 . 85-181 COASTAL DEVELOPMENT PEY.tdIT 110. 85- ' Applican Huntington bay and Racquet Club Tentative Tract No . 1 1. and Conditional Use Permit No . 85-15 a 1 onto with Condi,tzunal Excepti ► i0. 85-18 and CoasLaI Vevelopment Permit No, 85--2 io a request to suta�i ide a 14 . 68 acre site into 13 logs and develop 42 condominium units wi h,,„2U additional boat slips . In order i to provida z variation in the bulljlr.,U roof lines the applicant is requesting a varianc& from Section XIV f the Huntington Bay and Racquet Club Specific Plan to allow for a�',raximun building height of I' 48 feet 3 feet over thr: 45 Eoat maximur,. I'll c^R k'oj ct* is within , original ;jurisdictic,•,t of the Coastal zone which r'N iLes Coastal Development Permit . , ( 2360d ) 14 - P.C. April 16, 1955 huntington beach.deveioprnent services department Af fEPO.RT- T0: ,Planning Commission FROM : Development Services DATE: ..April '16 , 19,95 SUBJECT: s ZONE CASE 110. 84-15fNEGATIVE DECLARATION :Nn. 04-33 ? APPLICANT: 'William C. Curtis DATE ACCEPTED: 3200 Park Center Dr . April ,Suite 1160 Costa Mesa , CA 92626 .MANDATORY PROCESSPNO DATE: ' June 1, 085 REQUEST: c . r ` ,Change o, Lone from LUD (Limite Use District ) to ZONE: LUD ( Limited Use LUD-01 (Limited Use D strict ) t District-combined with oil production ) GENERAL PLAN: Industrial Resource Production ACREAGE: + 1 Acre EXISTING USE: Vacant r r , 1 . 0 SUGGESTED ACTION: Adopt Negative Declaration 84-33 and approve cone Case no. 64 -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 jurisdiction therefore subject to the permit authority of .the California Coastal Commission . If ar, 00141 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. In addition, the zone change will be subject to the review of ttif., Coastal Cammasaion prior to use permit review. 3 . 0 SURROUNDING GENERAL PLAN, ZONING, LAND USE: Subject Pro ezty GENERPIL PLAN D£STGNATION: Industrial Resource Production ZONING: LUD (Limited Use District ) LAND USE: V......... ....... .'t t ,...., l AM gig a North of Subject Proffer ty r^. GENERAL PLAN .DESIGNATION: General industrial ZONING: MIA (Restricted Manufacturing ) LAND USE: Grange County Flood Conrv; Channel South of Subject Pro ertx GENERAL PLAN .DESIGNATIOE: Industrial Resource Production ZONING: LUD ( Limited Use District) LAND USE: Vacant , East' of Suh jkact Property GENERAL PLAN' DESIGNATIQN: industrial Resource Production 'ZONING: LUD ( Limited Use District ) LAND USE: Vacant West of Subjoct Pro ert GENERAL PLAN. DESIGNATION: General Open SpacF ZONING: RA ( Residential Agricultural ) LAND USE: Vacant 4 . 0 ENVIRONMENTAL STATUS : On November 50 1985, Draft negative Declaration 84-33 was circulated � for a 30--day• revicw in order to solicit comments from responsible State and local agencies . The Negative Declaration included a biological assessment prepared usider the direction of the Department of Development Services by the consulting firm of Michael 8randman Associates . ' The staff received cammier,ts from the Calif•arnia Coastal Commission and Department of Fish and Gare 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 stuaies and the current analysis to enable the Planning Commission to make a decision on the P.oject ( Zone Carve No . 84-15) . Additional 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 blagno,lia. Street ( see attached legal description and Exhibit 8) adjacent to the Orange. County Flood Control Chann,?I . The requested ' 01 " designation pet'mita "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 c,jirb6ns, or ,for the- purpose of in jec.tinr 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 -2- (2213d ). 1 . Adjustments , pursuant to the requirements contained in Article 968 of the Huntington Beach Ordinance Cade. I= The applicant has indicated in Sni.n attached statement -that there will be a th•;ree phase program. The initial ar i l l ing wt i l be for the recovery of gas to be sold to the Edison Company. Phase 'two will consist of off--sits: driliing of injection wells in the .City of Newport Beach . Phase three will involve securing an of - ahoxe oil and gars leas: frarn the State of California its order to slant drill { for oil frum the subject site. The Department of Fish and Came has designated the subject site as a wetland which is defined as "land within the Coa:ital Zone which may be covered pbriodically or permanently with shallow water and include salt water marshes , freshwater marshes , open or closed brackish water marshes , swamps, mudflats and fails, ' Bemuse of this determination this area of the Coastal Zone was '`white' holed" to allow for further studies . The City of Huntington Beach is currently unriertaking a special ?;lady of the 'White. Bole" areas in the Coasta•1•• Zone to determine fur.i;r: lard use destgnations and development needs . Reaardless of there studies,- Staff views the ' proposed project as being consistent with the Coastal Act , ;section 30260 of the- Coastal Act :tatres , "coastal- dependent industrial "LL facilities shall be encouraged to locate or expand within existinq sites and shall be 1-ormi teed reasonable long-tern growth where consistent with this division . . . " Section, 30264 further :states, t�1 "oil and gas development shall be permitted in accordance with Section 30260 . . . " The Coa4t•al Act clearly anticipated resource production as a desired use in the Coastal Zone 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 RECOMMODATIGNI: The staff recummends that the Planning Commission approve Zone Change 84-15 and Npga_ti ;e 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 F. ' operation is riot detrimental to the .gener.il health , welfare and t safety .of the community. �r 2 . The Land,'Use Element of the City 's General P1nn designates the'. subject property as Industrial Resource Production which is consist-ent with the requested LUD-0.1 zoning. Further, the `1 California Chaatal, ,'act permits industrial 'development 'in lne Coastal Zone (Sections 30260, 30262 ) subject to mitigation f measures outlined in the Negative beclararion . ,1 Staff Report ;- 4/16/85 -3- (2233dY 39• 'The Coastal Element of the City 's General Plan states that the � goal o'f coastal energy planning is to succesnfully balance the needs of . regional -and_ local communities , while encouraging t. e positive impactz of energy developments and' mitigating their adyerse; af;'�ects . Furtherp the California Coastal• Act ptates + ' Ithit cc+asta' l-dependent industrial facilities sha:19,K ire encouraged to locate or expand within . exi.sting sites and shall be permitted reasonable long term growth . ALTERNATIVE .ACTION: As , an altetwtive action , the Planning Commission ma,y 'ciinrider continuing Zone Case No . 84'=.'� and Negative Declaration No. 64-33 to the next scgeduled meeting to allow staff' time to adverti.ne a a qualified ( ".0" ) suffix on the 1 acre property. This designation would enablk .,the Planning Commission to condition the zone case prior to the •_Board of Zoning Adjustments, action on a Use Permit . The staff would recommend the following conditions of approval : 1. StriGt"compliance with Title 15 of the Huntington Beach oil Code; specifically relating to sound attenuation, berming, run-off 'and emergency contingency plena. 2 . Access to the site shall be depicted on a detailed site plan � and strictly ,adhered to. 3 • The cil�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 p tentlally adverse effect: of night: lighting on the surrounding salt-marsh can he mi.tigaUed by leaving the project siteunlighted or by using low intensity or silvered globes . 6 . Prior to isstvance of a drilling permit , the applicant shall restore between 1 and 2 acres of "wetland' an determined by the Department of Fish and name. 7 . The applicant shall obtain all required permits from rezponsible State agencies . ATIA"ACHMENTS: 1 . Area mats 2 . Soctiorr 30260 3 . Letter from applicant dated February 2, 1985 4 . regative • Declaration h'o . 54-33 r JWP : HZ.iS1d f� Staff Repor L ••. 4/16/85 --4- 1 .•4C.i • t DIOLOCICAL RESOURCES ASSESSMENT NEGATIVE T1YE UECLARA'CION NO. 84--33 ZONE CHANGE REQz1ES1' Prepared for: City P of Huntington Bench 1 De artins�nt of. Development Services P P.O, Box 190 Huntington Beach, California 92648 Prepared by: Stichnel Brnndman Avsoclutes,`Inc. 3140 Red 11111 Avenue, Suite 200 Costa Mesa, California 92626 (714) 641-8042 Contact Person: Larry D. Munsay � October 1984 , .: is_ ►' , INTRODUCTION no bloile compositlon of the project site is described in this report from Information -iomp _ g ,' p y ,Q sled through field reconnaissance, sup * neared b . Lr ady existing documentation of biological resources within the project vicinity. The site was r . • Surveyed on 'foot by the firm of 'Michael erandman Amo'elates, Inc. 0.1 A) on October 15, 1984. Weather at the time of the survey was mild, with a temperature of 75*P, clear sides aqd a light westerly breeze. The physical-nature of the property permitted a complete direct examinatlon of all terrain within its confines. Floral and fetunal 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 preferenees of regional wildlife species which, whether 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 Munz and Keck (1959). Floral taxonomy follows the current regional flora of Munz (1974). Vertebrates identified In the field by sight, calls, trneks, scat or other signs are cited according to the nornencl&;ure of Collins, et al. (1978) for amphibians And reptiles; AOU (1993) for birds; and Jones, et al. (1982) for mammals. Authorities used for determination of sensitive biological resources are as follows: plants - FIVS (1:?32), CDFG (1984), Smith, et ni. (1980) and CNDDD (198A wildlife - MYS (1982). +CDFG (1980, 1983) and CNDDB (1984). Additional studies on rare and endangered species in the project vicinity were consulted in the performance of th s assessment and are cited appropriately in the following sections. RESOURCE DESClt1P71ON REGIONAL OYFIt!.'IEW The one-scre .projeci site Is located within an area known as the Huntington Bench Wetland iCDFG 1982% a predominantly picklevveed coastal salt marsh located inland of Pacific C6"t llig> wny M11) between the Santa t' nn ',liver and Bench ftulrvard. The project site is within n 35.5-nere wetland parcel bounded by the Southern California Edison (SCE) power plant on the northwest, kiuntington' Beach Flood - 1 i i ;rj, I y. i Control ,Channel on the northeast, Magnolia Street nn the southeast and PCH on the southwest, The,Hun t I ng t%n Beach Ifetl©nd is grently reduced in size from Its original extent (see CDFG 1982 for a detailed discussion), and what rernains is highly degraded in nature. The California. De artment of Fish an d nd Came (CDFG 1982) lias determined that, of 150 acres of historic wetland in the Huntington Beach Wetland area, 115 acres (76.5 1parcent) remain as viable or readily restorable wetland. • The entire system has bean cut off from. tidal flow and several characteristic salt marsh plants dependent upon daily tidal-flushing may have disappeared f rorn the Huntington Beach Wetland as a rasult. 5LT1: CHARACtERIZATIGN • ,• Vegetation The designation "wetland" is defined by CDFG (LCP 1990) as "lnnd which may be covered periodically or permanently with shallow water..." acid by the U.S. Fish and Wildlife Service (FWS) (LCP 1080) as ...land where the water table is at, near or above -the land surface long enough to promote the formittion of hydrie sods or to support- the growth of hydrophytic plants-" The Huntington Beach Svethind, including the project rite, fits the FWS wetland definition and-cons;sts almost entirely of salt marsh habitat with associated ruderal plants at its fringe. The vegetatioo of the flat, one-acre project site Is composed of a single plant community -- coastal halt marsh, 'Three plant species were recorded: common pieldeweed (Salicornis virginicn), alkali heath (Frankenla randifolia) and saltgrass (Dlsttehlis s icuta). All of these are dative species. The site has. become degraded through lack of tidal flushing;. The Opence of tidal exchange has ,resulted In a depauperste species diversity in a plant community characterized-by dead and dying pickleweed and stag ntint pool. of water. The site has sikso been disturbed by a number of vehicle traftj. 2 Wildlife Most anima,Ls*likely site are common, widespread and highly adaptable . to occur on site es. Wh{1e birds were the most conspicuous vertebrates onsite dycjpg'the survey, several s e 'o f of mammals and reptiles can also be ex ected to accu P t P P r. All 'vertebrates recorded-or expected to occur regularly on the site, are llsted in Table 1 of the- Appendix. Birds are abundant And conspicuous inhabitants -of the coastal wetlands. Salt marshes, salt flats and estuaries boast more specie, and larger concentrations of birds per unit. area than perhaps any other ecosystem`in temperate North America. • However, fow species actually nest in local salt marshes. Most nesting birds s In coastal salt' marshes are small, inconspicuous landbirds. One such species, the Belding's savannah sparrow (Passerculus sandwichensLs beldin i), is a commcn inhabitant of pickleweed salt marshes, including the liuriting;ton Beach lgetiand, and was the only species noted onsite. Severn), individuals were observed foraging In the pickleweed. 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 mr'G. Its status in the Huntington Beach Wetinnd is discussed more fully In the following section. Other birds that nest in the salt marsh are the song sparrow (Nlelaspiza rn, elodia) and western meadowlark (Stu:nella ncrlect in the upper portions and killdeer (Charadrius vociferus) on the salt flnU. The most. conspicuous mammnl in the salt inarsh is the desert cottontail (SylyIlagus sud ubonl). Other mammals presumed to occur In. the vicinity are several nocturnal rodents, such as the western harvest mouse (Rcithrodontomys meg lotis), house mouse (Mus .�musrulu ), nor,.vny 'rat (Fattu s norvcgieus} and Dotta's pocket gopher j{Thornoys bottat;). Predators such us the YirginIa olr�ssum {Didrl his vie inp lanri}, coyote (Cants iat�, long-tailed weasel (Musteln frenatn) 'And stripes! skunk {Ate s me• hitis} are also llkely to be. present. Alan and his pets, especially doffs, are also significant predators in wetland areas close to urban areas. 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 western fence Lizard (Seetoporwi entalis), side-blotched lizard On. t n. u � � s a sb rlana), gopher snake (I ituo kits melanoleucus) and, perhaps, the common g p P g�,i, p unlikely on the site, as most kin snake (i.ani ro eltis ettulus). Am hlbians are species are not adapted 'to a marine or estuarine existence and cannot tolerate a saline environment. SENSCPiYB B10" L061CAL RESOURCIS ' 'Discussed within this section are: (1) species present onsite which have been rifforde'd special recognition by federal, state or local resource conservation agencies due principally to declining or limited population sixes resulting In most cases from hahitat reduction; and (2) habitat areas onsite which are unique,of relatively limited distribution or particular value to wildlife. • V Specie ' The site was .examined for the presence of sensitive plant and animal species. No i species of plant designated threatened, rare or endangered by the U.S. Fish and Wilflife Service (FtVS), California Department of Fish and Game (CDFC), or California Native Plant Society (CNP.S) was disclosed by the survey; however, one bird species of concern occurs within the project site. The state-endangered Belding's savannah sparrow breed.i in the pickleweed marshes between the, Santa Aria. River fuid Ocean Boulevard. it tins been designated as endangered nt the state level as a result of its decreasing population and Its dependence ubon a diminishing resource;, pickleweed salt marsh, for breeding. A census of breeding pairs in the Huntington Beach Wetlands in 1977 (Mnsscy 19+7) revealed 34 -territorial palm between Reach Boulevard and Elrockhurst Street. Another census of the site In 1983 by Wilcox (Bunt 1984) revealed 90 to 92 pairs breeding between Beach Boulevard and Brookhurst Street, an arcs which encompasses the project site. During the current assessment, at least three Individuals were counted on the project site And several others were seen in the near vicinity. l Ilia apparcAly substantial inercuse In numbers of brc(!rling pairs of savannah sparrows estimated from the Huntington II#_-sch Wetland between 1977 and 1983 I; surprising. While the Increase may bt: real and signifleart, Ilia feet that the data . 1 4 have been reported by different investigators, perhaps using different censusing tt ehniques aqd different durations of field effort, could exert a profound effect upon the eansus results. Even if the Increase is real, no census data for Intervening years minatlon of short are avat;le�for comparison or .for deter •. term p letion trends. . Other populations of the Belding's savannah sparrow occur locally in Upper Newport Hay, In the Bolsa Chic$\marshes and In Ansheirn'I3ey. Other federk- and state-listed endnngered species have been observed .utilizing nearby habitat. These are: 4 o California least tern (Sty antilinrum browni), which feeds In estuarine areas and offshore and utilizes a breeding site on Huntington Beach less Y thin one mile from the project site. o California brown pelican (Pelecanus occidentalis californicus), which fishes In the near shore waters and breuds locally on the Channel Islands. o Light-footed clapper rail (Rallus longirostris Levi .es), which breeds locally in the cordgrrass salt marsh In nearby Upper Newport Bray and Anaheim Bay. None of these species currently utilizes the protect 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 (Car maritimus), has been found in the vicinity of lluntington Beach. It is listed as endangered b tyS g y , CDFG and CLAPS. This species is •found In neh;by Upper I Newport Day, but has not been recoreed from the Huntington Beach Wetland, nor j from the ricatby Bolsa Chien 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 Uny :gill Mugu Lagoon (Zedler 1982). This facultative parasite apparently requires inundation with cool freshwater following- heavy rains In order to germinate. Stream channelization for flood control has diverted storm waters away from salt mnrshes that were one subject to periodic freshwater flooding, 5 trio C Other local rare and cndan er• g t:d pleats are .found on coastal bluffs in the region but i t 63 a are autsidi'the area of concern addressed In this report. Habitat An environmentally sensitive habits •t Is defined by the Call Coastal Act as an area In •�vhich plant or animal life or their habitats are ether race or, cspecinl]y valuable because of their special nnture oriole in an ecosystem and which could be easily disrupted by h-iman activities and developments (Section 30107 of the Callfornlei Coastal ,Act of 1976), Salt marsh Is the only environmentally sensitive ` habitat type within the project area. u 1 Wetlands are becoming increasingly significant In Calsfccnia as they continue to be lost to urban development. They play an important role In providing food and shetter 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 told "Game (1982) has describied pickloweed-dominated salt marshes as among the most productive natural plant communities on enrth. Even 3 t though most of the: liuntington Beach salt marsh, Including the project site, is f: degraded by lark of tidal flushing and by human overuse, these 'wetlands are of significant value to wetland•ussociatcd birds and have a high annual not productivity. EtIVMONMLN'TAL IMPACT Implementation . of the • project will result In the removal or disturbance of approximately one acre of salt marsh vegetation. Secondary Impadts include increased vehicular traffic to and from the project site, increased noise associated with 611 rig operation and fragmentation of existing salt marsh habitat.- Construction activity wlU disturb tal wildlife in the vicinity and many species can be; expected to move to adjacent areas of slmllnr habitat provided it Is available nt tho onset of activity. Wildlife which do emigrate are particularly vulriernhle to elt, (t ation Y �P b redaiion wind unsuecessful. competition for lco�i and tCrritarity. i Speetes of lowlmobitity and those refusing o emlgrate may ba eliminRted outright by site prparatitin. h Following construction, some species will return to the developed pot tions of the alto providing suitable t�abItat is present, though most will be. dlsiodged'permanently by removal of habitat'suited to their existence. To the extent that the* y are tolerant of human presence, native wildlife will return to any natural open spaces surrounding the project,�ite following construction and continue to utilize this habitat provided 'it remains reIatively unaltered and free of excessive human disturbance. Indirectly, wildlife populations in the immediate surroundln� offsite areas wiU be affected adversely by -the general 'reduction of available habitat within the project area, as ivildlife from this area will be pressured to extend their foraging range into these surrounding areas. The small Size of the development, however, limits this , I Impact to small native mammal species and resident bird spoctes. The endanarea Deldins savannah g � g' sparrow will be adversely impacted through loss of approximately one acre of habitat. Night lighting mny be detrimental to animals in nearby natur-al habitats for a variety of reasons. These include disruption of light-dark daily rhythms and avoidance flue to Increased exposure to bright lights. Some insectivorous species benefit from llghting 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. MITIGATION MEASURES The pr`aject us proposed specifies the removal of 'approximately uric acre of salt marsh vegetation. To the extent that the surrounding aren (approximately 34.5 acres) re'rnniss relatively free of human disturbance It will continuc 1 function as a component of-the natural ecology of the area except In the immudiate vieintty of the new development. In order to lessen any Impacts on the surrounding 'area, It is recommended the, the following mitigation measures be considered: 7 1. A berm should be constructed around the project site in ord(.r to Isolate it In Ease'tidal action should be restored. •• 2. Thg;potentially advcrsr effects of night lighting on .�h� surrounding saltcnarsh 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: ito the Huntington Brach Wetland that is.an unmitigable impact of loeal 'eoncem 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 project. Several restoration projects in which the city might consider participation have been proposed by other agencies. I It is recommended that a committment be made to remove oil drilling equipment at the end of project life. REPBRGNCM crrl:U • American Ornithologists' Union (AOU). 1983. The ChCck-List of•'North American 111rrds_.'-8th ed. A11en Press, Lawrence, Kansas. 877 pp. N� Caifl'ornta' Department : of Flsh and Game (CDFG). 19800 At' the G�rgssruadsr ;. A Report:on the _Status of California's Endangered and `Rare Fish and Wildlife. State 'of California Resources Agency, Sacramento, California. 147 pp. + Addenda. 1 California Department of Fish and Game (CDFG). 1982... Department of Fish and Game;Determination of 'the Status of the Huntington (leach Wetlands. Photocopied ms. 35 pp. ' California Department of Fish and Game (C'DFG). . 1983. "List of Endangered, Rare and Threatened Animals of California." Revised June 1, 11983. State of California Resources Agency, Sacramento, California. Photocopied list. 4 pp. California Department of Fish and Game (CDFG). 198.1. "Acsignated Endangered or Rare Plants." Summary list from Section 1904 Fish and Game Code (Native Plant Protection Act). Revised July •I, 198.1. State of California Resources Agency, Sacramento, Cctlifornin. Photocopied list. 5 pp. California 'Natural Diversity Data Base (CNODB). 1984. Data Base Record Search for . Information on Threatened, Endangered, . Rare or Otherwise Sensitive Species and Communities in the Vicinity of Huntington Beach, Orange County, California. California Department of Fish and Game. State of California Resources Agency, Sacramento, Cnlifornia. Collins. J. T,, J. E. flukeey, J. L. Knight and li. M. Smith. 1978. "Standard Common and Current Scientific Eames for North American Amphibians and Reptiles." Soc. Study Amphibians and .Reptiles. ilerp. Circ. 7. Fish and -wildlife Service (FWS). 1982. Endnn}ercd and Threatened Wildlife ntsd Plants.. Federal Register 50 C1:R 17.11 and 1 ,1'2. U.S. Department of the lnteria�, Reprint. 13 pp, Hunt, Harold. 1984. "Biological Report for the Orange I Widening Project." Water Rescerch and Testing Unit, Transportation Laboratory. Unpubl. nix. 108 pp. + Appendices. Jones, J. H., Jr., D. C. Carter, H. H. Genoways, R. S. Hoffman and D.. IV. Rice.. 1982. "Revised Checklist of North Amcric&n Mammals North of Mexico, I," Oc�Pop�At_us. Texas Tech Univ,� No. 80. Local Coastal Program Staff MCI'). 1980• "Background Report for Coastal Element: EnvIronmentally Sensitive Habitats." I,ocnl Coastal Plan' Task j 3.2.7. City of iuntington Becich, California. Massey, R. W. 1977•. "A Census of the ?reeding Population of the Belding's Snvannnh Sparrow In California, 1977." Nongame Wildl. Invest. Job 1.2. California Department of Fish and Came, Sacramento, California. 15 pp. J hiunz P. A: 1874: A Flora of So ern CM for*�In. University of'California F':es�, Berkeley, Callforn a. 1086 pp. munz, P. A'.! and D. D. Leek. 1959. A California Elora. University of Ca11fornlit ` Press,.8erkeley,�Ca_ifornin. 168I pp. { Purer, E. ;�1942. !'P1ant .EeflYagy .of the Coast' I Salt �larshlan�s of •San Diego Count , Ecot. !done r. 12:82-111. � Y g a ~J P. Jr R. J. Cole .81td J. Q. Saw er, 198Q. Inventor of Raj•1 and . SmlthFn .: , ,... ,� , y � �Jr.. , , 1 2nd :d t:on � .,, dan Bred Vascular ,'plants of California. ec.ial Publ. aa. Cali oenia-Native Plant Society. 115 pp. + Supploinents., Zedler, •J. �3.; 1982, The Ecolo of Southern ,CaWf ornla Coastal 'Salt Marshes- A. ' Com unit Prof'sle. Is i. an e. Service,, Biologicalrg e ccs Progr*m, Washington, U.C. FWSI0135-81-59• 110 PP• i I d r AU V.t: •�. P1A� NOTICE'G& 'PUBLIC RAC .AP'PSAL.. 0 PL: MII10 COMMISSION DENIAL OF .; ZONE CRUGE NO 84--15 'h (NEGATIVE DELL TIO'N NO, $4-33 NOT LICE hea_inv 1a tCounciLhe M-aatingtan t�er�ch C.itr Council will hold a �.E IS :HEREB p bl M g Chamber ar the A;ntic�ton I;each Civic Center, 2000 :sin Street, Huntington Beach, 'Cilifo,ir-ta, on the date and at: the time indicated below to .receive ,and catisider the statements at all persona who wiah, tc be heard relative to the 'applicatiou described below. DATE: Monday, Au;u.s t 18, 1986 TIME: 7:30 P .M. " " A - Inland side of Pacific Coast Highway between Magnolia LOCATION: and Newland Streets. "B"- Inland side of Pacific Coast Highway, 'Mediately to the waste of Magnolia Street. SUBJECT: appeal to the Planning Commission' a deu!al of Zone Change No. 84 15 and Negative Declaratica No. 84-33. Zone, Change 84-15 involves two alternative sites. Location "A" is a request to change the toning on l+ ache of property from Limited Use District-Coastal lone MUD-r2) to Limited Use District Coastal 'lone - cocoblmed with oil .production C;D-U-01) for the purpose of drilling oil wells. At the August 4, 1586 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. Locarion "B" is a request to change the zoning on 1+ acre of pcoperty from Limited Use District -,Coastal Zone (LUD--C7.) to Coastal Conservation - Coastal Zone combitied with oil production (CC- -01) , for the purpose of drilling oil wells. . EMRONl MW, STATUS: Negative D iclaration tio. 84 33 assewse5 the ' eavironmeatal i©pact of said zone change. ON :PILE: Legal descriptions for both alterni ative' sites are on rile in the Developmenc Services Office. ALL I.'•MERBUSTZD p FR.i GNS arcs invited to attend said hearing and express opidions .nr submit evidence for or against the application as outlined . above. ..Li applicationri , a lhibits, and descriptions of this proposal are • ,00 f' .s 'with the Office of the *City►' Clerk, 2000 Main Street, Huntington for "Inspection by the public. HUNTINCI'UN BEACH CITY iCOUNCIL By: Alicla ,X. Wentworth Cfty Clerk Phone (714) 536-5405 isaa:d August 51 1986 . I, r 7-, Publish August'No, 1986 NOTICE OF': PUBLIC' HZAR NG APPEALJO PLANNING COMMISSION DENIAL UF ZONE. CHANGE NO 84-15 b NEGATIVE DECLARA 11011 NO. 84-33 NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will, hold . a , public bearing -in the Council Chamber at the Huntington Beach Civic Centero, 2000 Main Street, Huntington Beach, California, on the date and at the lime indicated below to receive and consider the statements of all persons who wish to be heard relative to the applicatiou described below. DATE: Monday, August 18, 1986 TIMZ: 7:30 P.M. APPLICATICN NUMBER: Zone Change No. 84-15 & Negative Declaration No: 84 -33 Appeal ���a .�1�M4 Sirit G! �stt,��1� U41S, 1446%U.4v bt 1w ♦�7 l A. .ar►t� ��.W � J��. TIoX .1**-tire bland side of Pacific Coast Highway, imr►ediate'ly to the west of Magnolia Street. 'A- PROPOSAL: Appeal to the Planning Commission's de ial of Zone Change Na. 84-15 and Negative Declaration No. 84-330 --tile- e# » e��rr.-ef 4 '�' Zone Change 84-15 is a request to change the zoning on It acre of property from Limited Use District-Coastal Zone LUO-CZ) to -Limited Use District — Coastal Zone - combined with oil production (LUD-CZ-01 ) for the purpose of drilling oil wel 1 s.QAt the August 4, 1986 meeting, the applicant agreed to revise his zone change request'by changing the location of the oil site to one imediately adjacent to Magnolia Street. 24 -1�a - nsideced h is anp-ItZe, lLI�9�{l�ENLAL SSA: Negative Declaration No. 84-33 assesses the envirorynental impact of said zone change. ON FILE: Legal descriptions. . .,t tR�1�l.Si on file in the DevelopmEnt Services Office. ALL INTERESTED PERSONS. are invited to attend said heawirtg, and express t-pinions or submit evidence for or against the appl.icatiou are outlined � above. A11 applications, exhib.its, and descriptions of this proposal lire on file with the office of the City Clerk 2000 Hain Street Runtirgton `• `�'� Beach, California, for inspection by the public. d,✓vctrl'�ti� •-- IMM INGTON BL.,!-.N CITY COINCI L ��'' �''`R..• By: Alicia M. Wentworth City Clerk Phone (714) 536-5405 • .mow �l_ V•f�� • r, ' •. i• :.. -' . '1•/t .i yr' •, • .. M (Y � - - . wr•. .r • ,. •' UCH 1 r •w; Nblxah 7/22186 J NOT c� *1'6C KEUING AP06 L TO PLANMING- COWISSION .DENIAL CIF ZONE CHANGE'.,NO. 84-15 b;NEGATIVE''DECLARATION-410. 84=3 : T - et 'GIVEEN 011at the EuatiaEton beach dt"Y Ccuucil will bold a blic bea.i i + Y42ICE �S; . pv as Yn the Cauncill CDxuber at the. Huatln, nfadw, CS vic aeater t�.e� tisepindicatericbelc�uto nti receiva�and, c nssdotata, on:.ion the date and er .the statements ',of all ?ersons who wish to be xrtard rrlativr to the applicat.on described below. pUtv7lt,GT0t4 BEACH DA2,s Monday, Auguste, 1986 QEVELOPI-JEN7 SERVICE TLux: i :30 P. M. Jul P.`0. BOX .-''a CATION' YWER: Zone Change No. 84-15 b Negative Declaration No.'- 84 -33 - Appeal. 4A ter,, { f ?Z�TIdN: on tre • inland side of Pacific Coast Highway betvvee pa noli ai PRE: A eal, to the P1ann ng Commission 's denial o Ione Chan e,Ho, PP p 84-35 and Negative Declaratio 11o. 84-33, this item n 'discussed by the Counci 1 on , 1986. , Zone Change 84-15 is ,a request to charge the zoning on It acre of�property ,from Limited Use Di strict .- Coastal Zone (LUD,CZ) to Limited Use District • Coastal. Zone - combined with. oil production (LUD-C7••01 ) t;or 'the . purpose of drilling oil wells. qr C. s P K•r.� 041 s%'AP, ivl�oNKt»r2,�.L 5 : Negati 676eclara o No. 84-33 assesses the environmental�P impact of said zon change. �.,, , ,. o_N FZIE: legal: description 'on the proposed zone change is on fi le in the Development Services Office, • ALL 2NMI SVED PMSC.NS are' invited to attend said hea:.ng and express � o i R alars or submit evidence for, or against the application as ovtlittod abcve. A: app?icaticos, exhibits, and descriprioas' of this prcposxl are t Jul t oft file with the Office of the City Clerk, 2000 Ma_a Street, Huntington .: Beach, Cali:orala. for iaspectioa br the public. f.WTINGTON BEACH CITY COUNC.L 'C,d'►�tSi(�Cft By: 'Aliciah. Ueatworth Cith•tc,�� Citq Clerk;-: W Phone (714) 536�-5-i05 Vuly 17, 1986 I Bitterw�ate'r Lake Property Daisy Thorpe/William Sc :enn�611 Anton Blvd . Costa Mesa CA 92626 3435 Wilshire Blvd . 28 Flr. ' Las Angeles, CA 90030 Attn; Ronald J . FeLicr•: Gary Gorrian State of California FriEnds of Huntington Public Works Dept, Wetlands Oil 6 Gas . Division 9122 Christine Drive 1416 9th Street Huntington Beach, CA 92646 Sacramento, CA 95814 Donald Troy,. , 5272 'Allstone Drive Calif . Coastal Ctmmmission Huntington Beach, CA Southconst Division P.O. Box 1450 Long Beach, CA 90801-1451 Attn: Chris Kroll Ruth Gallanter 'State Coastal 'Conservancy ,1330 Broadway, Suite 1100 Oakland, ,CA 94612 Southern CFI Edison 7333 Bolsa Avenue Westminster, CA 92683 -Attn: M.D. Itartin Orange County Flood Control ia�: - 10,7 8 P .O. . Santa Ana, CA 92702 10 PuQl sh A'aws;1854"Fi1l of a Q-111 w►uudir+�p�uOeK nonce K 01 � 1ue Of the Superior Gout of Orange Caunty, . C01110rnia NumCmr A•6214 aare!d 29 Sep1smiDer, 1961. and A-2483 1 dated 11 June. 1963 STATE OF CALIFORNIA Coo.-.1 of Or ange •,�. ».K. ...�+.� .,.+.«. I" an M►Nvu w to w r VGW4 .Ma W Ma tow-"OWM► am a Citizen of the United Statss and a resident of the County, aforesaid. I am over the age of eighteen years, and not a party► to or interested in the below entitled matter. 1 am al principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS-PRESS. a news?aper of general circulation, printed and published in the City of Costa Mesa, County ;1f Orange, Slate of California, and that a PUBLrC HEARING Notice of _ G of which copy attached hereto is a true and Complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, t% Irvine, the South Coast communities and Laguna Beach issues of said newspaper for ANr fiYur der/ consecutive weeks to wit the issue(s) of +drf�wl >rr�-.rw+e�rsa�ia �3 � via go,a er r :Ir 00 e1 li• 19e j declare, under penalty er u a p y of p jty, that the , foregoing is true And correct. I �.FXacuted anJuly 23 i t, at C, to Mesa, Cal fornla. Signatures "s .... .. .., .....- L 1 PROOF OF PUBLICATION • 1 ��urI , :J - . .• �. .. ,..■�-w�.- �rr-�-rr�-,��rrlrr- ... �rrr �rrr�w�- mow. �r� . .... :..-.ON , , H.,,, MAIN STREETI.,L CALlFORNIA 92648 OFFICE OF THE CITY CLERK t " August 8, 1986 1r i'lliam Curtis ;. 3200 Park Center Drive 41160 Costa .Mesa, CA 92626 Dear Mr. Curtis : ©n Auyust _'A, 1986 the` City Council continued the,public hearing on our `a appeal relative to Zone- Change 84-15 Ne ative Declaration, J+ PP 9 9 .. No. 84-33 to the August 18, 1986 Council meeting. Please, note that your appeal has r forpub1 is , been eadvertised hearing for this date with notification given. Enclosed is a . legal notice for this hearing. Please call Jim Palin, `Development Services Director - 536-5271 for further information. Alicia M. Wentworth City Clerk i AMW:CB:bt ( Enclosure 'CC: Jim Palin, Development Services ,director Gail Hutton, City Attorney f i . ��Ip1�: ?t 4•tursant7l •,� \ i . REQUES R CITY COUNCI ,.CTIC�N FO p JulY 71 I98fi Submitted to. 'Honorable Mayor 'and City Cuuni cil Charles W. Thompson, CiL-y -Administrator G Submitted by: � . - ., prowed James W. Pali.n, , Dir,ector, Development , Services - ZONE CHANGE NO. ','8 -15MEGATIVE DECLARATION NO. 84-33 Subject. (APPEAL) WILLIAM CURTIS , 1'.APPLICAMT Consistent with Cou' Heil policy?. W irN [ I New Polley or Exception Statement of Issue, Recommvidatioo, Analysis, Funding Source,Ahe"tive Actions, Attscnitmt:: Th{ s item was continued open 'Erom the City Council 'meeting of . April 21 , 1986. . Staff recommends that the Council continue action -:on this ' �I item. Staff will renotice the request for the meeting of .August 4, X persons - who HoW area , to ensure2notification ht of oto rtoeany interested the s - who may --wish to attend. J"r1P:JA: k1a ( 5552d ) 5� t '�'e�sftc�=V1:,t6�w, 'hw >: `'l+G��_s{fgL�i';1r�M'f H�,.,, �t�.^ i���•.'!Jtt��"�}�_.x�tfi�.s.;�' Y l��i.;, K ��`a 1 l . rclJ , . •,,, 1} h •�� ::•"&''k..c; ,.,�t* . ,. %f,�s. a t .L..a_1...w., ., },,�•1.t.�,�l rr•i , K :3^ b !' fi� r,.u4 �: . v� J .- �C�F��_ Jr. nS� .s . ^ y,11'.•�r s" 3 ,. . �.F �".' }J`S •tis,..,...�... ,.f�., ir.\.,+.�.�:�'��'.';:<,i'«�....,rr.r. /s. .t7�t,..� �.��fX.. �t�7..�>-_N Page 2 Council Kinutes 7/7/86 From Waite: Angela Maree Drew, Liesl Dawn Patterson, Deborah Lee Hall and DaM Masters. From jot Hasato Iwase, Yukiko Hasuda, Fiji Sugiyama and Reiko Kurono. Preset to assist in the introduction vas Pat Dapkus, City liaison to the Sla- ter Cities. PRESEHTATIOTf - "VOLUI7XM OF THE NDM" - ?RCN/DUNK ADAMS APIM AMA WILL =YA Larch,An'-April =and eked plaques "Volunteersforthe Month the Mouth" for March" Was the D Diane Ada s, aY P P q P Y ., , Adams, . volunteer with_' the Library atrons Foundation at t e . xary; -Volunteer. .for he Month• of `A mil" was 'Norma Kapell for her many hours with the senior eitl zees an "Volunteer for the Month of May" vas Mark OFpenheim who hAa ' aperlt many hours in the Emergency Operating�Center with Radio Amateur Civil Eser- gency Servict (R.A.C.E.S.) INTRODUCTION M ZE&T AND EXCHANGE GUARDS Max Bowman, Community Services Director, introduced members of New Zealand i Exchange: Guards And the Mayor accepted a presentation to the Mayor -,And City. Council. Present were Melissa Hockenhull of M swhAi Surf Life Savi �8 1 ng : Club �:.. and Mark Flavel of Ore:wa Surf Life Saviu,,b Club. Mir. . Flavel presented, a statue � to the Mayor. Also present was Ce' .rain Hill Richardson frog Hal Se'ach n Y P � Operations to assist the Mayor. HUNTING= DFJICH PIUDE PROGRAM' - RECEPTEW', SCE1.SDULZD 7/2l/86 TO Ow" F'Ot= 2i•YMS & RESIbL'FM OF CITY FOR 50 YEARS GE. LO!(CTDx Councilwoman Bailey announced thrt a reception had been scheduled for July 21, 1986 at 6:30 P.M. at the Civic Center, to honor. former Mayare and .citizens who have been residents of the City for SO years 'or longer. She stated Chat July was History Mouth. ,:. -. :APPAAI: TO F TAWNlNC,'COMAS PUBLIC , HPISF.INC ���- CONTINi1ED OPEN TO� `. 8/4/86 , �_._. SION ' UENIAL Or ZONE C CE -15 - TiE ATIVE DECLARATION - - WILLI MJ CRIB The Mayor announced that this van the day and hour se:t: Eor a pwblic hearing coutinueed , open from April •11,,, 1986 to conalder an Appeal 'Yerrainiug: to,� Zone Cabe. ; 84`-15 and, Negative Cecla'rat.aa 84-�33. The property under consideration is , located on' the -inland side - of Pacific Coast Highway .between. Magnolia 'and Newland Streets, Willian Curtis is the, applicant. Planning .staff recommended that Council continue action on this item end that staff re-o�otice tt� ,,requtet.,,,f.or.�.the.,-.�ee�Qt.i..ag pf AvBueet 4, 1985 is, 11, hx of .; contraversy sur:rouadia* the 'Vhitee' Bole"%% 'red' ', to ensure notification `to say 'interrs �edµpeersx►na rho stay wish t4 attond: ..-�.ryww...r..wu..r.. ....r.e.1 i +LhLL M..Nw.+�.�iw'r. r<4�.lY ..Y�1.►r` .I.whww.n.wr 4.M✓.+. rIr1.1.'u:/q.IsL/f..".r....... ...a.aM a..•...r{.y rlML.' Ou motion' by. Kelly, second macAXlister, Uuacll directed that tG * public 'hear- iag ' be continued open . to August 4, 1986 `with re:-publication and re•nocifica- y . . r: tion. The motion carried b the: fatlaw.ine roll call vote±: AYES: Kelly s KacAllister, F.inl.t<y, Handic, bailey! Green, Tho' wen NOES t lions AASOTr. Kant 1 � J MINUTES I Council Chamber, Civic Canter ' Huntington Beach, . Callfo a Monday, Julr 7, 1986 A tape recording of thin meeting in o file in the City Clerk' s Officer Mayor I�andic called the regular meeting of the City Counci3 of ae City of Huntington Beach to order t 7:30 P.M. PLEDGE OF. tiLLRG3bNC8 AND IWV TION The Flag Ceremony was conduc rd by representatives from the U.S. Air Force, U.S. Army, U.S. Navy, U.S. Coas Q;iard and U.S. Marines, ROLL CALM. Present: Kelly, MacAllister, Finley; Mandic, Bailey Breen Thomas (arrived 7:35 P.M. ) Absent: None ,r y PA.ESF.NWIOK "IRD(EpIGHTEIL OF THE ?jO? 71" L.LM RUDE The Mayor presented a plaque to ColIre , "Crimefighter of the Mouth", for � the Month of Suly. Assisting is that n wraas Cheryl Iav►reAGe= Police Conmunity Services and Tom Malys, of eighborhood Watch. ?is�Gtuffthe Crimefighter Dog was also presenFRESF.l+1TixTIA�I w $2510Q0 FROM OC B 'Up, -- CMII.D� IS VING CENTRAL LIBRARY President of the Library Patx a: Foundation Marguerite Davenport accepted $25,000 from Supervisor 11arrie Wleder om behalf of the at County Board of Supervisors towrerd the de 11opaent of the Children' a Wi at the Central ;.. Library. PRESBKT. 10N - TO COUNC' KnVi - i1U;trlrlGM BUCH CONCOU"s Bruce Powers with ntington Beach Concourse presented a franed poa►ter to Councilman Kelly t thank hiss for his participatica In the "People' s oYce" . INMODUCTION SISm CITY YODTH Excum - wAITmu, m Z8.1IAm M Al o, .TJ►RAX ;j Mayor 'Mandic introduced members of the Sister City Youth Exchange from Waite- cata, New Zealand and An jo, Japan. 1 Srsfor D mall i•�,1 'i l •y ,;' fi J` 1 r� 11 r, 1 r 1., u, fJ;� '1 tti•' �' ..1r2t '`!E �' ++'+,,y , ii1 i� 5.' . r, i 'r'. . r'. 1" .1:.. :J � fit• i r. `+ F.1 001 REQUES i FOR CITY "COUNCIL , CTION Date .�.?2r11 21 , 1286 Submitted to: Honorable Mayor and City Council I r 1 Submitted by: Charles W. Thompson, City Administrator L w Prepared6y: James W. Palin, Director, Development ServicesAo jop Subject: ZONE CHANGE NO. 84-15/NEGATIVE DECLARATION NO. 8 -;33 �L i Consistent with Council Policy? bcj Yes New Poky or Exception qlxr�' fi Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: On tiovember 18,. 1985 , City Council continued action on Zone Change 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 _-1 acre site from Limited Use District-Coastal Zone ( LUD-CZ ) 10 Lirlited 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 ) iginally 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 Holz Committee has had several meetings to discuss the issues involved in khe white hole area . 1. report has been prepared and is scheduled for a public hearing before the Planning Commission on� May 6, 1986 , with a stibsequent City Council public hearing in .Tune , 1986 . Therefore, it would be premature to action the zone change request at this time prior to review of this White Bole Report before the planning Commission and City Council . -RECOMMENDATION: Staff recommends that the City Council continue action on Zone Change No . 84-15 until duly i, 1986 . JWP:HZrkla (4628d ) P!0 U _ _ _ Page '2 - Council 4.1nutes - 4/21/86 Councilman Thomas arrived at the meeting. PUBLIC:. HE RrX -- :APPEAL TO PLATL FM COMMISSION DENIAL OF 2= CAME 94-13 NEG&TIVE - The :Mayor announced that this was the day and hour set for a public hearing continued open from November 18, 1.985 for the purpose of considering in appeal to the denial by the Planning Comaiisaion of Zone change #84-15 and Negative Declaration l84-33. ZC 84-15 is a request to change the znn1a4 ou :+ 1 (one) acre of property from Limited Use District - Coastal Zone (LUD-CZ) to Limited Use District - Coastal Zone - combined with oil production (LSD-CZ-01) for the purpose of drilling oil wells . The property is located on the inland side of Pacific Coast Highway between Hogaolia and Newland Streets. Negative Declatrs- tion No. 84-33 assesses the eavironaental effecia ' of said zone change, Sul of ND i84-33 (87 pages) is available for review is the City. Clerk'• Office. The. City Clerk announced that all legal requirements for notification, publi- cation and posting had been meet, and that she had received no counuaications or written protests to the matter. I� The Director of Development Services presented a staff report. William Curtis and Donald Troy spoke in opposition to another continuation of the matter and urged Counc!l to approve Zone Change No. 84-15 and Negative Declaration No. 84-33 at this time. There being no ene present to speak further on the matter and there being , uo further protests filed, either oral or written, the hearing was closed by the .Mayor. Folloving 41z'Cuasion, a motion was made by Kelly, seconded by Green, to scn tinue actica on Zone Case No. 84-15 and Negative Declaration No. 84-33 to July 7, 1986 with renotifteatton and republication, in order to allov review of . the "White dole" Report by the Planning Commission and the City Council. The action carried by the following roll czll vote: AYES : Kelly, MacAllister, Finley, Mandic, Creen, 1humas NOES: None ABSENT: Bailey PUBLIC WORKS - YWHIII, OWNV-S COMMUNITY ASSN 11 PETITION FOIL AFWCATIOX OF cTC SECTION 21107.7 TO PRIVATE STREM - APPIOTED - RESOLUTIOM NO S6 - ADOP:�A The Mayor announced that Xhis was the day and hour set .for a public hearing to consider a petition for application of S. 21107.7 of the State of calif ornla Vehicle Code to all streets within the Fernhil.l Owners Community 'Amon$', fit Lots 1-1.21 inclusive, Tract 5430 for vehicle code violation eafnrcesent by the Police Department. The complex is Located at the XW corner of Grahan Street ; and Varner ,Avenue. ' c , ,The City clerk announced that all 1egs1 requirements for nosificatiun, publl•- cation and posting had been act, and that sot had raceived no comaudiCations or written protests co the matter. E ICES FOR CITY COUNC!! A%TIOtd Q Date November 7 . 19 8 5�... Subfiatted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administrator pnopwo'by: .lames W. Plain, director , Development Services ,Subiect: APPEAL ah PLA11111NG COMM15SIAN DENIAL OF ZOVE CH . GE NO. 84-15 and NEGATIVE 'DECLARATION N01, . 84-33 , Conmistent with Council Policy? [ Yes S i -New Policy or Eac0W10;n S t of issue, Recommendation, Analysis, Funding Source, Altarwi tiw Actions, Ansch+nertd: STATEMENT OF ISSUE 7. At the May 21 1985 City Council meetin Zone Chan e' 84-•15 and Y , Y 5 9 -. tlegative Declaration 84-33 was continued until ltovewlser . 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 r w direction was given by Council that: staff . as to re-advertise -the public hearing for November 18 , The study on the "white hole" area has not been completed. City staff has been working with the Coastal Conservancy and properh.y owners in order to complete the study. However , a numlaer of isaue8 nave yet to be resolved. The applicant had previously requested the zone change be continued until the study was complete. Attached is the IRLter 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 thn fact that: the study and public hearing process will be completed in April, it Would be appropriate to consider continuing Zone Change 84..-15 untiI April . RECLMMENDkTION The Department of Development services recommends that the City Covnci1 continue action un zone Change 84-15 and negative Declaration 84-•33 until April 21 , 1986, in order to allow completicai of the *white hole" area proce�!9. FUNDING SOURCE Not applicable ATTACHMENTS Letter from. WiIIiam. Curtis dated April 24, 1985 Olt ( 3664d ) `` 1i '` CITY COUNCI ACTI . N R�c�u � �-aR � c� Data _ May 10 , 1985 Submitted to: Honorable Mayor and City Council Charles W. Thompson, City Administrator � 1 Submitted by: P• Y �� Prepared by: James W. Palin, Directors Development: Services644*44P APPEAL OF PLANNING COMMISSION DENIAL of ZONE CHANGE Subject. 84-15 AND N'EGATIJE DECLARATION NO. 84-•33 Consistent with Council Policy? (xJ Yss ( j New Policy or Exception 1 Statement of issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:--.��L 1 STATEMENT OF ISSUE: Transmitted for your consideration is an appeal of the Planning Commission ' s disapproval of Negative Declaration No. 64-33 and denial of zone Change No. 84-15 which is a request to change the zoning on ± 1 acre of property from Limited Use District - Coastal Zane (BUD-CZ ) to Limited Use District -- Coastal lone, combined with oil production ( LUD-CZ-01 ) for the pur.pc_e 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 en the Zone Change request until the study on the 'White Role" areas are complete. RECOMMENDATION: The Department of Development Services recommends that the City. Council continue action on Zone Case 84 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 delcaration and the proposed zone change on April 16, 19F) . ON MOTION BY PORTER AND SECOND BY WINCHELL TO DISAPPROVE NEGATIVE DECLARATION 84-33 BY THE PLANNING COMMISSION, BY THE FOLLOWING VOTE: AYES: Rowe, Winchell , Schumacher , Livengood, Porter, Mi r jahargi r ` NOES Erskine ON .MOTTON _BY ,WINCHELL AND SECOND BY ERSKINE ZONE CASE NO. 85-15 . WA,S RECOMMENDED FOR DENIAL BY THE PLANNING COMMISSION, BY THE FOLLOWING VOTE AYES : Rowe , . Winchell , Schumacher , hivengood, Erskiner Parter., Mirjahangir None 040 4A1 9 i AN LYSrs: z The zone change request presented in the report is intended to allow for the drilling of gas/oil wells on about a 1 acre site . The s proposed oil operation would take pl&ce 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 requested 901 ' 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 4hree 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 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. Th. City of Huntington Beach is currently undertaking a specia study of the "white hole" areas in the Coastal Zone to determine Luture land use designations and development needs . Regardless of these studies , staff views the I proposed project as being consistent with the Coastal. Act , Section 30260 of the Coastal Act states, "coastal-dependent industrial facilit. as 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 environmental impacts . Staff views the proponal 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 .it a Use Permit for drilling is approved by the Board of Zoning Adjustments . However , the Planning Commission in their discussion of the item, indicated that the application fora zone change was premature because of the study currently in progress for the •whi.te holeO . area . RCA -- May for 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 agencies . The Nlegative Declaration inc.ltided a biological assessment prepared under the direct;on 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 Game regarding the proposed zone change. These comments and staff responses have been incorporated 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 decision on the zone change . FUNDING SOUPCE: Not applicable . ALTERNATIVE ACTION I : The City Council may consider not to continue Zone Case 84-15 and Negative Declaration No 84--33 and deny the sub,;ect requests . ALTERNATIVE ACTION II : As an alternative action, the City Council may consider continuing Zone Case No. 84-15 and Negative Declaration No. 64-33 to the next scheduled meeting to allow staff time to advertise a qualified ( 000 ) suffix on the 1 acre property . This designation would enable the City Council to condition the 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 . 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 restorers. 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. RCA - May 10, 1485 -3-- ( 2421d ) r l 1 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 Game. i 7 . The applicant shall obtain all required permits from responsible State agencies . 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 1 5 . .negative Declaration 84-33 JWP :HZ: kla a RCA May 10, 1985 -A. f 2417d a, • Page 5 - Council HinuteAW5/21/85 The Development Services Director reported that negotiations were not yet complete and recommended that the matter be tabled by CounL:l . There being no one present to speak on the natter and there being no protests filed, eitaier oral or written, the hearing was closed by the Mayor. A motion was mad, by Kelly, seconded by MacAllister, to table.. the public hearing to consider Zone Change 84-20, hegntive Declaration 85-8 and proposed Ordinance No. 2757. The notion to table carried by the following roll call vote : � AYES : Kelly, MacAllister, Mgndic, Bailey, Finley, Green, Thomas E� NOES: Hone ABSENT: None PUBLIC HLUING - APrEAL TO PLANNING COMMISSION DENIAL OF ZONE CHANGE 84-15 b ' NEGATIVB DE TION 4- WILLIAN CURZIS - coniNUD TO 1175765 - FOYMAT 0W OF 9HIT11HOLE COMMITTEE aTO BE DISCUSSED 6 1ss The Mayor announced that this vas the day and hour set for o oublic hearing to consider an appeal of the Plenning Coc=isclon's denial to Zone Change No. 84--15 and Negative Declaration No. 64-33. Zone Charge No. 4-15 is a request to change the zone on ± 1 (one) a::re of property from i 1mited Use District - Coastal Zone (LUD-CZ) to Limited Vse District - Coastal Zone - combined with oil production (LUD-CZ-01) for the put;• ,jse of drilling oil yells., The property is located on the Inland side of Pacific Coast Highvi�y between Magnolia and Nec.land Streets. Negative Declaration No. S4-33 assesses the I' environmental effects of said zone change. Copy of Negat:ve Declaration W-33 (97 pages) 7is available inr revIev in the City Clerk' s Office. The Deputy City Clerk announced Chet all legal requirements fur notification, publication and posting had been met, and that the had received no co=unicatiotis or written p_o►.ests to the mat.tcr. The Development Services Director presented a staff report. Councilman Green gave reasons why he believed an Environmental lup-a Report , rather than a Negative Declaration, should be prepared on the project. I The Mayor de_lared the hearing open. - Villian Curtis Addressed Council and stated his reasons why he concurred with the recommendation for continuance. A notion was made by MacAllister, seconded by Kelly, Eo''`CdatY�iva:x,the�'a�+ubliS't.�. hea; ttg,';open,'ka'rlio+r bErtir]6 19 5-with renotificatlon In a prope.t manner. ine motion carried by the following roll call vote: AYES: Kelly, MacAllister, Handic, Bailey, Finley, Ureen, 4boxas NOES: None ABSENT: None Council discussed procedure the. p e which . should .be followed for fortation ,of s "Nhit's Hole CMMIttee" and it was decided to discuss the matter further June 3, 1985. 7Ps~l RECEIVED cirr urgA ►lzkr , ..,,Ory E..; RC.!rH-C.iLtr, WILLIA14 CURTIS 3200 Park Center Di:. Suite 1160 Costa Mesa, CA 92626 April 24 , 1985 Hunting!-cn Reach City Council Attn : Ms. A1'cin Wentworth, City Clerk 2000 Main Street Huntington Reach , CA 92648 Mayor Bailey and Members of the CktY Council; We hereby appeal the Plannii .- -nmission decision to find Negative Declaration No . 84-33 �ac,� ., : ate and to recommend denial of Zone Case 84-15 relati icl - L.he establishment of an oil operation site intanc' Paca `.: :..)ast Highway and North of Magnolia Street. The priia3ry reason expressed, by the Planning Commnission in reaching their decision was tha: 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 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 to address the Commission, we would have agreed to the .option to continue the request, pendir- completion of the study, and would have requested .:hat we be given an orportunity to parti- cipate in the study. We therefore respectfully request that you continue action on these applications pending completion of the study, and . that we be appointed to the Study Committee. We also ask that ' the study move forward as soon as possible to avoid unnecessary delay. Thank you for your consideration of this request.' Respectfully Submitted, William Curtis s-!6 - • 4590 t1.044[ a S lI1V _ s - 48 t. .: � • erm .ec - �• 1 ® • '1 Ll N.fI w 1+i11.0 R l. .a.s N) rr t+s,AC � 4 esrrc ..-. •'kip«• •rM.r� AP t. `,t°j eats-iv • • l , PAW vot "+• Tt y '`'•.. v ' 1 •i •Ie are I � I N.MACt • ri i p!! !�•I•M lo I NOW—AS owes /� S ,V.ISSFSSOA S l+►J�* � PARC& NW18fRS DOCK 114 PACE K $H(IwAK IN CLPa CDVNFr OF CRANCt • mffsw.SECD8210. T6S.R low T14-17 6. No commercia rillflights shai1 be perm L l-11 —. 1 � 7. Th a , „y�,jer. . i 1 y with Article 24 of the 'Un i f o r m Fire C-4 ZONE CHANCE NO. 84-15/NEGATIVE DECLARATION NO, 84-32 A22licant : William C. Curtis Zone Case fta. 84-15 is a request to change the zoning" bC a 1 acre site from LUD ( Limited Use District ) to LUD- 01 W,mited Use District--combined' with oil production ) . The * .b ' %ct site has been designated as a 'wetland" by the Department of '' , ,h and Game and is in the original permit jurisdiction therefore s ;_. Ject to the permit authority of the California Coastal Commission . If an 101 designatiort is approved for the site , the applicant will be required n Adjustments to obtain use permit from the Board of Zoning d�u tments 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 particular action since it has not been acted upon by the Coastal Commission , they have chosen not to recognize any d M Brent zoning than :'-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 back with a use permit which will be subject to Coastal Commission Review. t 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 tittle disturbance to the wet land as possible. Commissioner Schunache: questioned if they had permission to use the Flood Control Channel road. Staff stated that permispion had been secured by the applicant. THE PUBLIC HEARING WAS OPENED John Mandrell , Representative for William Curtis, stated that he generally in agreement with staff . He stated that he wk` ld like to r make a few comments . He stated that m Curtis had drilled numerous wells in the state . He stated that he is currently frilling wells in Ventura County. He has assembled a team of experts in preparing ( 236Od) •-l1.;► P.C. April 16, 1985 his proposal on this site. Regarding the phanina of - thin project .the ,first-phase on the one acre s i to consists of, gas and oil productiod. Ile is proposing to drill producing wells •within the r-- limits of his lease. tie stated that they were not proposing the typical pioduction pump unit as ��,ccustomed to in Huntington Beach . LW- He stated that if this s a pproved in the future he would probably be expectgd to restore some wetlands to mitigate aavtf inq that } occurred as a result of this operation . Gary Gorman, Representative for a local enviroi.ment:al group called Friends of Huntington Wetlands , spoke in reference to the study session with the Planning Commission and the '"ity Council on March 13, 1985 in regards of what t^ do with the 'white hale' area . The California'. Coastal Conservancy wau requested by the city tc 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 zone change in an area with the future of it .yet to be decided. --Most of the City Council and the Planning Commission members Felt the area was a wetland and most or all 'of it 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 ay- this project . He stated that he in 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 . f Bill Compton, area manager for the Southern California Edision Company, stated that he would like to clarify a few points that were I made in the staff report . One which the Elision Company is interested in purchasing the gas that is recovered. lie statr:d 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 proper:y. Donald Troy, a Friend of Daisy Thorpe Picarelli owner of the property , stated that he is in real estate and has tried to :ell 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 fut-ure. Mr . Mandrell stated that Mr . Curtis Wanted f` to clarify his thinking into the future for the possibility of i drilling from injection wells into the offshore lase that belongs to the City 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 against,no other persons to speak for or a the p p g proposed. project and the public hearing was closed . Mike Adams of staff stated that a representative from* the Statt-t Coastal Conservancy was present to answer any questions from the Commission.. 2360d) -12- P.C. April 16, 1985 ' Chairman Livengoo �-aasked the representative 1 '.-Pri the timing on this project impacts the study , Ruth Gallahter , , consultant to the State Coastal Conservancy who in working rn the prcject with the City Council stated that the Conservancy is in the middle of trying to deal with all the property •- owners and tiho owns what rights to what land for the . purpose of identifying land that may be available for selling gr swapping so that the wetlands restoration can be done in the moA' productive farliion . Since the area is a piece of the area they are studying, she was sent to this meeting to seP how or what the Commission was trying to do with, this section of the wetlands. She. stated that ahe hoped to identify the land that is available and work out an agreement with various land owners to develop a restoration plan. At the stale of developing the restoration plan with specifics; that: is, where 1:iief r is vater , 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,- An 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 natter of procedure :be 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 y f stated that he was in favor of the Negative Declaration No. 84--33 because it included a biological assessment prepared ;ender the direction of Development Services by the consulting firer, of Michael Branden and Associates . tie stated that this was adequate in place of at: Environmental Impact Report . ON MOTION aY PORTER AND SECOND BY WINCHELL NEGATIVE: DECLARATION NO. 84--33 WAS 6ENIED WITH FIttDINGS BY THE FOLLOWING VOTE: AYES: Howe, Winchell , Schumacher , Livengood , Porter , Minjahangir POES.. Erskine ABSENT: None ADSTAIN : None . Chairman Livengood stated that he could not support zone Change No. 84-15 at this time with the information supplied tonight. Ile stated � that maybe he could have some decision after the study was completed. Commissioner Rowe stated that he felt that there were ajar reasons � for denying approval due to the fact that the whole area as open for study. : .rti .. ( 2360d ) � -13- P.C. Apr i-1 ' 16, 1985 Commissioner Erskine stated that he was opposed to the zone change. '} He statedAhzt the commission must act in good faith for the Coastal �a Conservancy to give them additional time to see if this iE an •.-r apprupriate spot for this use . Chairman Livengood questioned the Commission or Whether this should be denied pr continued . Mike Adams of staff stated •.r.ljat if thr. Commission continues this item it will appear that they' are leaning towards a means or a method by which you can approve this zone change. If the Commission continues this zone change simply for the sake of the study', Dan I would recommend that the Commission take ak'tion . A zone charge does not have �o wait for any period of time and caa cone back 1: -•fore the Planning Commission any: time } ON MOTION BY WINCHELL AND SECOND BY ::RSKIiNE LONE C!"SE 110. 84-15 WAS DENIED WITH FrUDINGS By. THE FOLLOWING VOTE: t AYES: Rowe, Winchell , Schumacher =macher, Livengc3d, Erskine, 'r } Porter , Mirjahangir NOES: None ABSENT: None ABSTAIN: — . None FINDINGS FOR DENIAL: 1 . The proposed oil operation will not be compatible with the surrounding uses. l 2. A Zone Change at this time may prejudice an ongoinq study of assessing and planning for the vetlands 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 Bole by the Coastal Commission is premature. ,S C- CONDITIONAL USE PERMIT' NO. 85-15 , TENTATIVE T'r.ACT t1(1, 111181 , ti. ITIONAL EXCEPTION NO. 65-18 , COASTAL DEVELOPMENT .PERMIT VC). 85- Applica Hunkin ton Bay and Racquet Club .._ Tentative Tract No. 1 and Conditional Use Permit Ve . 85-15 along with Conditional excepti o. . 65-18 and Coastal Development Permit' No. 85-2 is a request to sub ids a 14 . 6€ acre site into 13 lots and develop 42 condominium units wi 20 additional boat slips. In ,order to provide a variation In' the bu31 roof lines the applicant:.''is requ;osting' a variance from Section xry the Huntington IIay and i Racquet Clun Specific Plan to allow for a .. imum builC';'ng height of 48 feet , .3 feet over the 45 foot maximum . Th oject is within original jurisdiction of the Coastal Zone -which r,. ices � Vaastal Development Permit . i ( 360d) �lq„. 'h.C. April lb, 1985 William Curtis 37 Morena IRVINE, CA 92715 xebruary 2 , 1985 Mr. Ri.clisard A. Harlow & Associ4tes Planning and Gc«ernmental Relations 333 West Yorktown Ave. fluntinstor. :�ea-ch , CA 92648 Dear Mr. flarlowl This letter will outline the dr;il.linq and dovelopment program of the 112 Acre Daisy Qil and Gas Lease in flunti:Ygton Beach , Cal.i.fur - nia, as requested by you in preparation for the public hearing to be held within the next thirty days . The surface location of the prospective' wells' lie r,•ithin the noun da'ri.es of the Pacific Coast highway on the west, Magnolia Street on the south, the flood control channel on the c:ont, 'and the. Soutbern California Rdlao;: Plant on thy: north`. 1 have (requested a `ap 0 . 975 acre drilling site adjacent to the flood control `o.. the east and the S.C .E. Plant. This will be are excellent drill site., for our firsi: gas well. The, target depth will be they "A" gas satid, 1400" feet. -This Nand has been tested by the Exxon # 2 well at tw million Mtn' per day, but nat produced. 11 the well is successful I plan to choke the well back' to 800, 000 M.C.P. ,per' day. We expect to maintain this producticn for twelve months and then a steep decline at which time we vi.11 drU1 additional wells to maintain the production curve. Mr., B1.11 Compton, a nand Iran for- has verbally committed to ptirchase all gas tha can we? produced from this ' zone for the operation of the Southern California Edison plant at the fair marlr.et price (approximately 0'_1. 50 pe-r M.c. F. ; contract for twelve Months take- or pay car. be negotiated) . The. dda,llinc':i i. r cessaryb..ognt and we?.,1 ,w111 be approx3.matel � • fire! days- ,b I � it Will e iiional 10 dc,ys. The .Completion ProgrAm would, cobs&t ` ot' rumiin lever, inch; �caninq .and 5" 14.ner , and fnsi;a' llation of the well head eohi,ection. ''(be ter ' known ag a "ChtistinAs tree") . A $ketch:'drawing is enclosed. The rhlantiin U� �1Ct;.�11u..n� may,. �� .� . .... , �� � �,, y., �sh to ,im�aae a��;. .���cQnditioh •af--the perm t :�estrictio: . .e �8ta':'A e�:of';hydr ,ciA tionR and storage En'ciA11-,i-s`norma11 ;m o�xated with the s�"a aara,tfon a�E oil and .waiter. Such a restxict' .�anywould be acce able, . siince� , ctfter oil pr lducti6ft, : ..4 is':e5,ta'61'iarnd ,will . install a.'pipeline to 'pan existing-tank tar o' located ne$roy� , W 'x Mr . Richard A . Harlow Page 2 I have conducted a thorough evaluation and study of this property over the past five years and have accumulated the operation and drillin5 information of adjacent oil wells that has cstabi..ished the existence o� 19-gravity "A Sand" at a depth of 4000 feet . We will drill tc test the oil-bearing sand at 4000 ' and also to test a Frc lific pruduc nq sand ir. the Wct.t r'ewport Beach Field, the 19main Sand" ar. 5500 feet '^is sand was encountered and produced by the Deeble 06 well. wh Lch war, drilled within 100 feet of the proposed site location in 1955 and abandoned in 1972 ry the Edison - � Plant to make way for a tank farm. It is my belief that.: this sand exists also under the Daisy Lease . This opinion is sha.. ,A by Mr . Fugene Buttorn, Geologist, Sartho Oil Company; t:r. Tom Cooke, Production Manager, AMI21OIL; Mr. T .W. (Ted) Ehring , Consultant with Petroleum Industry Consultants , Inc. ; Mr . D. E. (Don) Vandenberg, 041 and Gas Consultant, all of wham have recent experience super- vising and drilling in sensitive coastal areas . These four petroleum experts will be retained for consultation during tho drilling and instzillation phases of this program. I am also drilling and producing wells in Ventura County adjacent to the City of Ojai . I wish to convey to the City of Huntington � Beach that is my plan to install the most riodr_rn oil and gas oper- ation on the California Coast , and a model fo): other energy develop- ments to coexist with environmentalists in high-value: land areas . Drilling operations will comply with all unique problems involved in the handling of natural gas and transportation of hydrocarbons and will comply with all requirements of Section 30262 to assure minimal environmental impact. My future development programs include a second phase development, the offer to drill six water injection wells in the offshore lease of the City of Newport Heath, adjacent t:o the Daisy Froperty. The City of Newport Beach currently owns sixteen wells in that adjacent Location. Phase Three is to secure an offshore oil and gas lease from the State of California (one--mile square adjacent to the beach to test deeper zones) . Preliminary meetirgs with the State indicated no drilling would be permitted from platform drill.sites , and that the Daisy Property location would be suitable for the testing and developing of offshore operations . Please refer to the sketch drawing enclosed for additional informa- tion. In the event you need additional information to proceed with your preparation for public hearing , I am available for consulta- tion at the office number 641-4718 or home number 786-7718 . Sincerely, ' William Curtis we/Jm ( 8) mature study , aquacultt,r+e , or similar resource dependent activities . ( 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 . i ( 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 and j Game, including , but not limited to, the 19 coastal wetlands identified in its report: entitled , "Acquisition Priorities ! for the Coastal Wetlands of Calif orn -1-- all , shall be limited to very minor incidental public facilities , restorative measures , nature study , commercial fishing facilities in Bodega Bay , and development in already developed party, of i south San Diego Bay, if otherwise in accordance with this division . : �yR-S t 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 No,ald create additional berths in Bodega Day , shalt be devigned 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 would otherw ge be carMed storm runoff'~into coastalwaters. To fact itate the continued delivers of these sediments to the Littoral zone, , whenever feasible , the n. ateria removed Zrom these ' arilities nay be placed at apE!ropriaterpa�nts on the shoreline in accordance with other a 1 ��:ab.th provesions of the div on , where feasible m tigc tion measures have been rovided to minimize adverse env ronmenLa eE eets . Asks that shall be cons dared before iss-iind a coastal development permit for such purposes Are the methodof placement, time of year of 21acement , ttnd sensitivity of the 21acement area . (Amended by Ch . 673 , Stats. 19?8 . ) (Amended by Ch . 43, Stats. 1982 . ) _ _ _ "..,r � ..---� --.w++.� r..R"5—7..I�T"TTwCmi.:• M e. facilities and procedures shall be provided for accidental spills that do occur. Section :0233 . ' • ( a) The diking , filling, or dredging of open coastal waters, wetlands , estuaries , and- lakes shall be permitted in acordance with otter applicable prpvisicns of this division , where there is no feasible less ironmentally damaging yalternative, and where feasibl mitigac rt �easu e been prove ad to minimize adverse environmental effects , and shall be limited to the following: ( 1 ) New or expanded porn , energy, and coastal.-dependeint industrial facilicies , including commercial fishing facilities. ( 2 ) Maintaining existing, or restoring previously dredged , depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps . ( 3 ) In wetland areas only , entrance cha,:inels for new or expanded boating facilities; and in a .degraded wetla:td , 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 Lhe degraded wetland is restored and maintained as a biologically pr cductkve wetland; provided , however, that in no extent shall the site of the wetland area used for such boating facility , including berthing space, turning basins, necessary navigation channels , and any necessary support service facilities , be greater tht;n 23 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 eacilities. ( 5 ) Incidental public service purposes, including but not limited to, burying cables and piper, or inspection of j piers and maintenn %ce of existing intake and outfa.11 lines . a (6 ) Mineral extraction, including sand for restoring I beaches , except in environmentally sensitive areas . ( 7 ) Restoration purposes . , OIL AQk William Curtis 37 Morena IRVINE, CA 92715 February 2, 1985 Mr. Richard A. FIarlow & Associates Planning and Goverrmental Relations 333 west Yorktown Ave. Huntington Beach, CA 92649 Dear Mx. Harlow; This letter will outline the drilling and development program of the 112 Acre Daisy Oil and Gas tease in Huntington aeach , Califor- nia, as requested bl. you in preparation for the public hearing to be held within the next thirty days . The surface location of the prospective wells lie within the boun- daries of the Pacific Coast highway an the west, Magnolia Street on the south , the flood control channel on the ea3t, and the Southern California Edison Plant on the north. I have. requested a � . 0 . 975 acre drilling site adjacent to the flood control or the east and the S .C . E . Plant . This will be an excellent drill site for, our first gas well. The target depth will bo the "A" gas sand, 140U feet . This sand has been tested by the Exxon # 2 well at two million MCF per day, but not produced. If the Well is successful I plan to choke the well back to 6000000 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 Man for S . C.E. , has verbally comnitted to purchase all gas that can be produced from this zone for the operation of the Southern California Edison plant at the fair market price (approximately $3. 50 per M. C .F. ; contract for twelve months take or pay can be negotiated) . The dr-ill' ng time necessary for this well will be approximately five dales; completion will be an additional 10 days . The Completion Program would consist of running seven inch casing and 51' liner and installation of the well head connections (Better known as a' "Christmas Tree" f . A sketch drawing is enclosed . The Planning Department may wish to impose .as a condition .of the permit , restric Lion"` of the storage of hydrocarbons' ari8 ntcrage facilities mnor:mally asso!:f ated: with the separation of uil and 'eater. Such a restriction. would be acceptable, :since afte�t: oil producti�an . is established I will install a pipeline to an existing tank farm located nearby. = Mr . Richard A . Har.lcw Page 2 I have conducted a thorough evaluation and study of this property over the past 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 site location in 1955 and abandoned in 1972 by the Edison Plant to make way for a tank farm. It is my belief that this Land exists also under the Daisy Lease. This opinion is shared by Mr. Eugene Bottom, Geologist , Bartho Oil Company; Mr . Tom Cooke, Production Manager, AMINOIL; ML . T . W. (Ted) Ehring, Consultant: with Petroleum Industry Consultants , Inc:. ; Mr . D. E. (Don) Vandenberg, l Oil and Gas Consultant, all of whom have recent experience super- vising and drilling in sensitive coastal areas . These four petroleum I experts will be retained for consultation during the drilling and installation phases of this program. I am also dri? li.ny and producing wells in Ventura County adjacent to the City of Ojai . I wish to convel, to the City of Huntington Beach that is my plan to install the most modern oil and gas oper- ationon the California Coast, and a model for other energy develop- ments to coexist with environmentalists in high-value land areas . Drilling operations will comply with all unique problems involved in the handling of natural gas and transport?,tion of hydrocarbons and will comply with all requirements of Section 30262 to assure minimal environmental impact . My future development programs include a second phase development, the offer to drill ;ix water injection walls in the offshore lease of the City of Newport Beach, adjacent to the Daisy Property. The City of Newport Beach currently owns sixteen wells in that adjacent location. Phase Three is to secure an offshore oil and gas lease from the State of California (one--mile square adjacent to the beach to test deeper zones) . Preliminary meetings with the State indicated no drilling would be permitted frolr platform drillsites , and that the Daisy Property location c,•ould be suitable for the testing and .developing of offshore operations . Please refer to the Sketch drawing enclosed for additional informa- tion. In the event you need additional information to proceed with your preparation for public hearing, I am available for consulta- tion at the office number 641-4718 or hume number 786-�7718 Sincerely, William Curtin we/jm facilities and procedures shall be provided Lor accidental spills that do occur. Section 30233. • ( a ) The diking , filling , or dredging of open coastal waters , wetlands , Lstuaries , and" lakes shall be permitted in acordance with other applicable provisions of this division, where there is no feasible less .=V.,ironmentally damaging ' alternative, and where f_easihl mitigY. i n measu �t_�ti.. been provided to ininimiae adverse environmental �effEcta , and shall be limited to the Following: t� ( 1 ) New or expanded ports energy# and coastal-dependent industrial facilities , including commercial fishing facilities. ; 2 ) FSainta.ining existing, or restaring previously dredged , d.-pths in existing navigational channels, turning basins, vessel berthing and mooring areas , and boas E launching ramps. ( 3 ) in wetland areas only , entrance channels for new or expanded boating facilities; and in a . degraded wetland , identified by the Department of Fish and Game pursuaaL to subdivision ( b) of Section 3n4la , for boatAny facilities if , in conjunction with such boating facilitiei , a substantial portion of the degraded wetland is restored and maintained as a biologically [productive wetland ; provided , however, that in no event shall the size of the wetland area used for such boating facility, including berthing space , turning basins, necessary navigation channels, and any necessary support service facilities , be greater than 25 percerrt 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 service purposes , including but nat: limited to, burying cables and pipes or insp&ct iron of piers and maintenance of existing intake and out•,Ea11 lines . ( 15 ) Mineral extraction► including sand for restoring beaches , except in environmentally sensitive areAls ( 7 ) Restoration purposes . ( 8 ) Nature ;study , aguaculture, or similar resource dependent activities . ( b'r Dredging and spoils disposal shali ,e 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 th% 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 . Ar,y alteration of coastal wetlands identified by the. Department of Fish and Game, including , but not limited to, the 19 coastal wetlands identified in its report entitled , "Acquisition Priorities for the Coast.a� Wetlands of California" , shall be limited to ` Vert. Minor incidental public facil itLes , restorative l measures , nature study, commercial fishing facilities in Bodega Bay , and development in already developed parts of south San Diego Bay, if otherwise in accordance Wit;, this division . For the purposes of this section, "commercial fishing facilities in Hodega Bay" means that not less than 80 percent of all boating facilities proposed to be developed cr 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 'Eed H nt and nutrients which would otherwise be carried by storin runoff into coastal waters . To facilitate t e continued del very of these sediments to the littoral zone, whenever febsiblet the material removed from these a—Ca may E laced at a2ecoeriate 201nts on the shoreline in accordance with other applicable orov s ons of this divas .on , where feasible mil ar. on measures have been provided to minimize adverse environmental effects . Aspects that shall be considered before ssuin!3 a coastal development eerm_t for such Purposes are the method of placement , time of Year of -j21_acement , and sensitivity of the placement area . (Amended by Ch . 673 , Stats . 1978 . ) (,Amended by Ch . 43 , Stats. 1982 . ) • _ 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 with the policies of Chapter 3 ( commencing with Section 30200) of this division . ( Amended by Ch. 187 , Stats . 1979 . ) • Section 30412. I I ( 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 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 pr ircavy responsibility for the coordination and control of water quality . The S'*,ate Water Resources Control Board has primary respr,nsibility for the administration of water rights pursuant to applicable law. The commission shall assure that proposed development. and d local coastal programs shall not frustrate f:he 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 coc:fiict 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 exer:ising the regulatory ccntrols over development pursuant to this division in a manner necesscry to carry out the provisions of this division. ( c) Any development within the coastal zone or outside i the coastal zone which proviJes service to any area within the coastal zone that 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: Section 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 fishevy management programs and neither the commission nor any regional commission_ shall establish or impose any controls with respect thereto A. duplicate or exceed regulatory controls established 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 30233 . Any such study shall include consideration of all of the following : ( 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 major restoration activities . ( 2) Whether a substantial portion of the degraded wetland, but in no event less than 75 percent , can be 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 wh+ether there are other feasible Nays to achieve such values . ( c) The Legislature finds and declares thati salt water or brackish water aquaculture is a coastal--dependent use which should be encouraged to augment food supplies and Ito further the policies set forth in Chapter 4 ( commencing with Section 825) of Division 1 . The Department of Fish 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 , 1980, and shall .by the same date transmit information identifying ouch liters to the .......... 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 adversely 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 Water, 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 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 stabilized. Costs of: monitoring and mitigation programs shall be borne by liquid and gas extraction operators . Section 3Q2b3 . ( 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 ; ( a ) it is found that not - permitting such development would adversely affect the public welfare ; ( d ) the facility is not located in a highly scenic c:,r aeismically hazardous area , on any of the Channel islands, or within or contiguous to environmentally sensitive areas; and ( S ) the facility is sited su as to provide a sufficient buffer area to minimize, adverse impaets 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, .sir , I ' k I outside of existing terminal areas shall be situated as to avoid risk to environmentally f:ensitive 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) ninimixe the risk of collision from movement of other ( 3 ) have ready access to the most effective feasible containment and recovery equipment for oilspilln , and ( 4 ) have onshore deballasting facilities to receive any foiled ballast water from tankers where operationally or legally required . ( b) Because of the unique problems involved in the .importation, transportation, and handling of liqu^fied natural gas, the location of terminal facULties therefore uhall be determined solely and exclusively as provided in Chapter 10 (commencing with Section 5550 % of. Division 2 of the Public Utilities Cade 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 . Oil and gas developt�ent shall be permitted in accordance - with Sect i-on 30;60 , if the following conditions are met; ( a) The development is performed sagely and consistent with the geologic conditions of the well site. Neu or expanded cacilities re attd to sari development are consolidated , to the maximum extent feasible and legally permissiblew unless consolidation will have adverse environmental cc :isequences 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 fear�ible subs a��� �� completions ace used when drilling platforms or islands would substantially degrade coastal visual qualities unless use of such structures will result in substantially less environmental risks. (d ) platforms or islands will not be sited where a substantial hazard to vessel traffic might result from the 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 shala 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 appropriate, coastal--related developmentn should be accommodated within reasonable proximity to the coastal- dependent uses they support . (Amended by Ch . 1090, Stats . 1979 . ) ARTICLE 7 ..�,�r...•----- MD S 1. DEVELOPMENT Section 30260 . ` coastal-dependent industrial facilities shalt 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 damagings ( 1 ) to do otherwise would adversely affect the public welfare ; and ( 3 ) adverse environmental effects are mitigated to the naximum extent feasible. i so ( a) Multicompany use of existing and riew tanker facilities shall be encouraged to the maximum extant feasible and legally permiasihle , except where to do so would result in increased tanker operations and associated onshore development Incompatible with the land use and environmental goals for the area. flew tanker terminals •• ' \ '''�: �, COMT"Silt LIAM4 1WaM t 1 ttiA� tTAk9714RATi1i AM crofr,*L Of K FAA i�i � ,��,�" `' �=� .\►': �,{. ll Qt a� r (�.�� �essrs�Asta awtAs � 7 _ _rt� ��' 1 � �► ridgy Wi"tflNAVl�.lNf1LLID •,� Z V C mAok=V!t CLlAAtla St ` fS 15.. M�y two ..' i GQj t\SIM 10 s s• C[LXTAL Z.iM_810UMDARY • S t .tom • a� _ .?�St� 4 _ yF't �`�� �� i [� _ `•� � -✓ .i � .; \ kIJ.*i CALIF.CtATT Tii4Ii'lAtllF � � •_ • 'arA� • � 17yt � ``�f� M[SiIAQLAYCTl1Ati'r }� � �rp`J�� 1t pot,-- tr /'!+ �. • i�� r4 .� �,r• wY ' J .!? .. �.y �— irrr � -•.. •_� j r ,dt. �.,�-•' �� •, � _, � fit\ � r� ��,� ka di !� .- ��``-•�� _� ��' � . _, ��'l��r�'��; I I�� Al .`;•ram. �� ! �� {,- h Aye! ` : r.•T I. r• MR t •.11 /�► �t �► , CF- fpmG4D#AZT iR II I ' �, En*ofw ntaly Sens ve HaWats R As Depicted By The Dept Of Fish And Game rt�trlt 5.i 77 '�'" �►a���/l,1rl/� ..ti .j ', - — ��t •4 CIS— jo N 2 its R2- O 1 l RI At M r r w.w ..� CF-E ! 111 ' to .�w�. it RI ill Rf •,R_ o � al .,.,LI GF-E Off Seca. sip NI fRl " R+= RI 1 RI ral RI \ F-R - w ffx � { RI Rf [c,te• • • Fa RA n �:ti Ra-O ' • -, I A,},� .'� _4 r_Mom. f MI •A•0� i w X • . LUD-0 R I Rl RI R1 N1 Nt2-0 ' RI RI FRI .:. It I R f RI M RI RI Lj MH 'tea:, :t I'1 1 R I Mill M2-0 � 41 RI x.a l ate\ rr.ti :.. y, , CF-EOil g 142-0 •. R1 Lil /g \ RI CF-R a gr� M2-0 \ �� I RI RI HI 7+ '• �tl'.! RI II LRl RI �I RI At RI FA rtha �, � RI � RI RI 'RIB LU01 LW(CB V% •r A ihyTRlCt •r C�,r �� i5►'}9, (LUOI LWTED USE DMTW.T RI , } r C. 1 f .r r j (BUD) q QA% . � , USE c r 3 . The Coastal Element of the City General. Plan states that the goal of coastal energy planning is to successfully balance the T needs of regional and local communities , while encouraging the positive ,impacts of energy developments and mitigating : their adverse affects. Purthere thz Califot,nia Coastal Act states that coastal-dependent industrial facilities shall be encouraged to locate or expand witnin existing sites and shall 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 Ila .. 84-33 to the next scheduled meeting to allow staff time to advertise ' a qualified ( 20" ) suffix on the 1 acre property. This, 'designati.on - 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 .1i.tle 15 of the Huntington Beach Oil Code, specifically relating to sound at• tenuationr beaming, run -off and emergency contingency plans . 2 . Access to the site shall he depicted on a detailed site plan and strictly adhered to. i 3 . The oil/gas site sha11 be snsperted 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 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. ATTACHMENTS: 1 . Area map 2 . Section 30260 3 . Letter from applicant dated February 2, 1985 4 . Negative Declaration No . 84-33 JSaP: HE., kla staff Report - 4/16/85 -4 - ( 2233d) Ad3 Lis tments , pursuant to the requirements contained in Article 968 iM of the Huntington Beach Ordinance Code . The a pplicant `has indicated in his attached statement that there , will be a three phase program. The initial drilling will be for the 1r' recovery of ghs to be sold to the Edison Company. Phase two will �{ consist of off- site drilling of injection, wells in the City of tr Newport Beach. Phase three will involve securing an off-rshore oil f ? 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 periodically or permanently Stith shallow water and include salt water marshes , freshwater marshes, open or closed brackish grater marshes , swamps , mudflats &nd fens. " Because of this . determination 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 P.o 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 this division. . . , Section 30262 further states , wail 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 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 Zonir') adjustments, 6. 0 RECOMMENDATION: The st•afi 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 Bcach 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 C' t ' s s t x y General Plan designate he subject prnperty as Industrial Resource Production Which is consistent wit:b the requested LUD-01 zoning. Further , the California Coastal Act permits industrial development la 'the ` ti..� Coastal Zone (Sections 30260, 3D262 ) subject to mitigation a measures outlined in the Negative Declaration. � .• Staff Report. - .4/16/88 -3- ( 2233d ) =.; huntington beach development services department STAf f ... . ..RE PORT TO: Planning Commission FROM: Development Services DATE: April 16, 1985 SUBJECT: ZONE CASE NO. 84-15/NEGATIVE DECLARATION NO. 84-33 APPLICANT: William C. Curtis DATE ACCEPTED: ' 3200 Park Center Dr , pill It 1985 Suite 1160 Costa Mesa , CA 92626 MANDATORY PROCESS3-.DATE: June 1 , 1989 REQUEST: Change of Zone frog► LUD ( Limited Use District ) to ZONE: LUD (Limited Use LUD-01 (Limited Use —DI—strict ) District-combined with oil production ) GENERAL PLAN: Industrial Resource Production ACREAGE: + 1 Acre EXISTING USE: Vacant 1. 0 SUGGESTED ACTION: Adopt Negative Declaration E4-33 and approve Zone Case No. 84-15 with the findings outlined in Section 6. 0 of this report . 2 . 0 GENERAI. INFORMATION: Zone Case tio . 84-15 is a request to change the zoning of a l 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 jurisdiction therefore subject to the permit authority of the California CoPAtal Commianion. If an '01 ' designat,i.on is approved for the site , the applicant will be_ rcquired to obtain a use permit, frog, the Board of zoning Adjuetmento and a Coastal Development: Permit prior to drilling. 1'n addit:ion $ tho tore change will be subject to the review of the %oaetal 'Cemmi$i1on' prior. to use permit review.` 3. 0 SURROUNDING GENERAL PLAN, ZONING, LAND USE: Subject Property GENERAL. PLAN. DESIGNATrON: Industrial. Resource Production ZONING LUD ( Limited Use- District) w- LAND USE: Va t: L r w n•rW431k Anil is , North of Subject Property t GENERAL PLAN DESIGNATION: General 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 East of Subject Property GENERAL PLAN DESIGNATION: industrial P.esource Production ZONING: LUD ( Limited Use District ) LAND USE: Vacant West of Subject Property I 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 from responsible; State and local agencies. The Negative Declaration included a g g biological assessment prepared 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 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 No. 84-15 ) .. Additional analyses would not provide the Commission with any new information. 5. 0 I,SSUES AND ANALYSIS: The Zone Change request is intended to allow fo,.* the drilling of a gas/oil° well on about a 1 acre siL-e . The propos,ad oil operation will take place on the inland side of Pacific Coast Highway approximately 403 feet northwest of Magnolia. Skreet (see attached legal description and Exhibit D) adjacent to the Orange County Flood Control Channel . The requested 0014 designation permits 'the drilling or boring of a new well into the earth for the purpose of expl-aring for , developing or producing oil., gas or other hydro_ carbons., ur. far the purpose of injecting water , steam of other ' ny ; substance into the earth. " Houever , -drilling cannot proceed until ' t an Use Permit ' is first obtained from the Board of Zoning ` {� d (2233d) '.' Stdfg�;Repq�t �" ��16r95 • t# - .. • NEGATIVE DECLARATION 84--33 CURTI S OIL ZONE CASE 84-15 Change of zone from LUD (Limited Use District) to LUD-01 ( limited Use District - combined with oil production I i , I i f • ltd? . The DLdpartment of Fish, and Game has determined that the s bse property is a wetland. rhe quality of , the wetland needs 'further exploration . I(e ) There will be an increase in the noise level From 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 Enoineers f. Coastal Commission s IN ACITY OF 11UNrI NG T ON BEACH L STUDY OF ENVIRONMENTAL IMP/ . BACKGROUND 1 3200 Parh center Drive. At3pl ic�3nt William l lam Curtis ,2. Address � _ Telephone t 714J b41--4718 '1:.•. Project Locationsi. .e..o_ .P, C..Li t 4„00 ft _rwes� of Mac;nol is ��. Prn,iect Title/Description Lane .Case..84-1�gative Declaration 84-3:t t�- hats! Sep.eSatq.k- .._r 1984 it . ENVIRONMENTAL IMPACTS: (Explanations of all "Yes" and "Maybe" answers are required • on attached sheet). I., Physical Environment: Will the project have a significant impact on the physical environment wit�'-'i 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 err O,�eCt: Will the project be subject to impacts !'rom the surrounding env ronment? i .e. , natural environment; manmade environment. Yes Maybe No X i 3. Impacts on Public Services: Will the project have a significant impact upon, or rv- su t in aneed io anew or altered government se,-vice in any of the following areas : fire, police , schools , parks or other governmental agencies. Yes ` Maybe 140 _ 4 . Impacts on Traffic/Circulation: 'gill project result in substantial vehicular move- ment, or impact. surroundyng circulation system, or increase traffic hazard? Yes Maybe No —x the project result in a substantial alteration or have a negative affect on the existing: land use, population/housing , energy/utilities, natural resources, hi mon health? Yes Maybe No X ft. tither potential environmental impacts not discussed above (see attached sheet ). Ill . OTHER RESPONSIBLE AGENCIES ANC/OR PERSONS CONTACTED { X ) Mee Attached ( ) Not Applicable 17. MANDATORY FINDINGS OF SIGNIFICANCE: I , Will project degrade quality of envirorur,ent? Yes Maybe No X 2. Will project achieve short-term goals to the disadvantage of long-terns enviromrerrta ' goals? Yes Maybe No X 3, hoes 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. DETERMINATIOti Negative Declaration 4 ;, ) Negative Declaration With Mitigation 1 ( ) Environmento;_ Impact Penort OATS �� %` . .- SIGNATURE l� . 11d1 The Department of. Fish and Game han determin�.d' that the subjedt property is a wetland. 'The quality of the Wetland needs "further exploration . 1( e ) There will be an increase in the noise level €rom the proposed drilling operation , Strict compliance with the City of Huntington Beach ' s Oil Cole will be required in order to migitate this concern. III . Department of Oil 'and Gas will have to issue permits for any drilling operation , De2artmenr of Fish and Game }r Army Corps of Engineers Coastal Commission Ulk i C F-E 171- jilll ff ft 1 N I'1' i� fF L•�� t . �' Sat: w. ;•1►.! \� AL J �L- ROTARY 1..., � T-� Tl r M ua So .. g +�- c►-n I MIM, 14 Ap l i ;o ►t� - 590 Poem Lon 48 49 As. war r ...� • . � � 'rid. ts�r.ra � f � ! It mp, y •�ok - i • ^ i 1t �r•� �!♦ ,fit • AN" Ant Awl#~T�iCr � • f MAP _ PA RM A% 8009 114 AW - - � rr 4►i► 't� ... . -..: -..; e. a .-;e...kvui-v;7..iY twliantlWiT�'L'+''!T"f�ilQ'i . , r d r•.�.F1aG Ct of, ca i net in ,screwed ,t:ogcU or and lowered into t1ir. hole !tU r,wikr_ 11p.`` 01 ,Complete c After t+h'a casingA n run intoo the-3'ho1a ,. . c.., mont "i.� u . r 1 -casing' 'str:►ng . p, p -.the cn.sing and then displaci_t3 fr'onct' the ,.bottom m id int�a. C%6d in order .; to' f i l the 'annua lr �s ace b�t�aeQn ttie cacti n' r - 1.. P and the ., .wall of t:he. Fell . Once the cement hatrdenu , the subsurface ft+rma . ;.�. }� bons are ''pezmanently. sealed ' from 'each gather : Duran c iapproximately .. - f. Tilling o eratichs, a roximatel SOD Metre . B � P PP Y ' ., is of wa t:er, P Y g .,. q P.per da (2t, f!t?0 gallons) r:ould be required . -` Thus would ?be csbt:ainc�c3 ' from the exiitting 'water wells 'in the area . During 'dri.11iriy of: each well , an estima ted average of 24 vehicleo 3 trips per. day will be required to ,he, drill site . -Most of these wiill -be light vehicles , but the traffic wk11 include .. ....r. rr y an average of 6''heavy t..uck trips per day. �.�"•�►", �. After the well has been drilled to its objective d6pth and the production casing has been run and cemanted , well c6urp3.eri:on • can take place.. The rig will ;then be moved and tree drilling `of: a ,4. new well commenced . ' This report" assumes that 'only 'one drilling, rich will be used`.'at any given titae." Therefore , g:.'ve' n~ the minimum --20 day period to drill a well , and approximately .5 days to move: the rig, r' the total number of wells that can be drilled, in 'uny ons+ year is fourteen, as suming. case of only one rig at a time. Usinii the max imum 40-day i1ri fling pariod , eight wells could" bps dr. .i 1I<ai in any one year Petroleum Production ' In contrast to exploratory/development drilling ' whi.ch is an intensive short--term operation, petroleum production is a long- `.�...», term, but less intensive operation, involvx'ng ' the permanent loca- t:ion of equipment lasting over the producing life ,of the field. •��x`'' 't. r ; This equipment will be engineered and designed , to produce oil .and gars with a hydirauli.c pumping system and will operate in a cellar: (This system .is, in operation in Yong Beach , 'on t ,course 'he golf at 7th Street and Pacific Coast: Highway. ). . The' se'':pumping;,uni:ts will. . be powered by electricity. The..equipment ' will' be installed at the proposed production island. Depending on the depth of a reservoir , it., is possible` to con-- solid: c, a number of produciiona ng wells at a sing:le product»on island'. this minimize the 1 drilling techniques . Not: only does throughsminimize the use aFamounttof land disturbed b5► drill site and access road construction, but duplication `of accessary production equipmnnt.' can be avoided. For the proposed project, the maximum, potential production , , based on existing information, can 'be accomplished wit h a total of 12 'new wells consolidated into one site. The bulk of hydrocarbons will be transported o,?f ''the " p opearty for processing. Any temporary storage units on the drMin g iglmnd "' ":'r�s': will be equipped with vapor recovery systems Transporia:tion b truck to a refiriory would continue until production in the field increased to griinter than 400 barrals of oil per day, ',' at which, - U.nc ;.,.:•- ., it aauld be economicalto-coatstruct apipeline. `1 Drilli6 Pro 'asal• on ua� Pru ert tiuntinc tort B CA �-�-�- g ---p --- ------r- `� proposed project . is a semi,-exploratory drilling program.The is intene:e o produce ,from the known, reservoir, determine the its bf the reservoir, and to explore for new reservoirs . . Enclosed is fA diagram of, a typical la�-vd--lased drilling rig and accessory, equipment . (This diagram de~ 'icts 'a drilling rig that .;",Used, for West Coast drilling operations. It is included .in this:,,, for in�entstofna drillin t+�iac uaThe Tin t e to be thrr variG mpo purposes Q rep or .. us co 9 . 9 ) 9 ed . at the . sites will have . a :east 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 horsey tower, until the last 24 hours or so. Usual dri 11ing will be at about 60 percent of the available horsepower . in addition, a maxi �•+����. i num of 400 horsepower of diesel-fired engines wLll • be -used for ',the :. a service .,rig and pumps. To drill a well, s rig is brought to the cleared site. Upon delivery of the ; rig Ito the site, the first procedure i:3 to "rig up" , w-hi.ch is the •process of assembling and placing the drilling rig components in position to drill.. The actual drilling of a well is .� ran 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 by encountered. 7. t 3:� f L,stimated that each of the proposed well. will take approximat:el y ,t 4.7 �40 days to drill and complete. �.:. While drilling , the rig turns a :gill 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- tions go on round-the-clock and include transport of men and mater- i.als -to and from the . site. As -the bit turns in the bola, it makes rack cuttings which must be removed Crom the hole. This is �-accom- oli•shed through. the use of drilling mud which is continuously ci.r-- : Gulated between the surface and the bottom of the halt. ' to pick up the cuttings from the bit and transport them to the , surface. The other purposes of :the drilling mud , are to coal and .lubricate the drill bit. and the drill string , maximize penetration rate, prevent inflow of formation fluids into the well bona, and coat the exponod walls ,of the hole with filter cake its order to minimize fluid loss into permeable formations . All drilling muds and oil ;pastes W411 : be held in steel holding tanks. All Rif field wastes will normally .be taken to E. P. C. -Wes,tside Disposal in Fellows , California , • ot any other County-approved disposal site. `Periodically in the dri'iling of a well, ,casing is cemented it) the hole . Casing is simply large stee.l :pipe that is uue:d 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 . undery around formations, through which : the hole penetrates, w.��; • ••`rl Y tip •.. Casing for the propsed •project will be comerited, ,, per DOG,: .., uiremerts Ge artm t d .' grox.f�mate3 `30� SOO�feeof `Oil an Gas) , generally-,,,to a ciei�th of Pp y feet, for for protection for the , fresh wat.or.. , 'arj i flers in the area. To � .ir�•� a String of casing, the drill ,string is' rem'Oved from .than , hole. :Then each joint of a t imi lax diameLes• Abandonment r, 'If a well is unsuccessful. , or at the , end of th(. producifit) li f of a field'., well abandonment takes, place pursuant to procedures specified:by the California Division of' oil and Gas in "California Laws for Conservation of Petroleum and Gas . " . In addit-.ion, Section, 8163--14 . 8 of the Orange County Zoning` ordinance: requires ` the follow. ing ' "That upon aba ndonment onment of, any cssa t on of dri i n g . operations, all earthen sumps or other 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 consolidating all mud oil , or other waste P Y 9 r products into the land b disking , harrowing and levelin 9 .g P Y �J to restore the "land to the condition existing prLor to the , issuance of this perptit as nearly as practicable to 'do so. ' Drilling and Workovers All drilling operations are conducted in conformance with ' State regulations , including installation and use of B .O.P . equip, ment and setting of casing . to workover operations, appropriate B.O. P. equipment is employed as dictated by the well and operations to he performed. William C . Curtis Mr. Curtis is currently producing oil and gas wells in Ventura County and is respons-Lble for drilling activities on the Anderson Ranch as President of Crab-Metro Petroleum. Mr . Curtis has drille6 for his own account a.rid others approximately 100 wells in the State of California . For additional information contact Mr. Robert L. Richardson, Petroleum Engineer, Ventura , California . 1 IIiTRODUCIMOM The : biotic composition of the project site Is desc ribed in ' thli report from information ^_ornpiled through field reconnaissance, supplemcriied by already. existing. .4u6umentatlon of :biological resources within the 'project vicinity. Tne site was surveyed on foot by the firm of Michael Bran&a'n hssoclates, Inc. (MBA,) on October 15, 1984. Weather at the time of the survey was mild, with a temperature of 75T, clear skies and a light westerly breeze. The physical nature of the property permitted a complete direct examination of all terrain within Its confines. Floral and fatmial constituents encountered were recorded In terms of relative abundance and bast habitat type, and the overall biotic composition of t1he site was derived from this information combined with documented habitat preferences of regional wildlife species which, whether 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 Munz And heck (1959). Floral taxonomy follows the current regional flora I f Munz (L974). Vertebrates identified In the field by sight, calls, tracks, scat or �•,,;. other signs are cited according to the nomenclature of Collins, et ai. (1978) for amphibians and reptiles; AOU (1983) for birds; and Janes, It, al. (1982) for mammals. Authorities used for determination of sensitive biological resources are as follows: plants - >rWS (1982), CDFG (1984), Smith, et el. (MO) and CNDDB (1984); wildlife - FIfS (1982)0 CDFG- (19800 1983) and CNDDFS ;1984). Additional studies on rare and endangered. species In the project vicinity were consulted In the performance of this assessment and are cited appropriately in the following sections. RESOURCE DESCRIPTION REGIONAL O"YEItMMW The one-acre project site is located within an area known a:4 the Huntington Peach Wetland (CDF(3 1982), a predominantly picklewat:d coastal salt marsh located inland Of Pacific Coast Itighway (PCH) between the Santa Ann River and Beach noulevard. The project site is within a 35.5-sere wetland parcel .bounded by the Southern, California Edtson (SCE) power plant on the northwest, Huntington Beach P:a:od ��' A :I r BIOI;OGICAL RESOURCES ASSESSMENT , .r NEGATIVE DECLARATION NO. 84-33 ZONE CHANGE REQUEST Prepared for. City of Huntington Beach J .,+ f Develo rent Services . epartmer+t oa p .. . D j P.O. Box 190 Huntington Beach, California 92645 Prepared bys ; Michaiel. Brandman Assoclatin, Inc: 3140 Red Hill Avenue, Suite 200 Costa Mesa, California 92625 (714) 641-8042 Contact Person: Larry D. hiunsey October 1984 Wd1lte Most aninial.4 likely to occur onsite are common, widesp read and Highly edaptstile species. ` While blyds were the most con.,picuous vertebrates onsita during the survey, several species of mammals and reptiles can also be 'expected to-occur. All vertebrates recorded o.r expected to'oecur regularly on the site are listed In Table. l of the Appendix. Birds are abundant and canspicuocts Inhabitants of thecoastal wetlands. Salt .marshe4, salt flats and estuaries boast more species and larger concentrations of p p ys p birds ec unit area than perhaps any other ecosystem in temperate Korth America. However, few species actually nest in local salt marshes. Most nesting birds in coastal salt marshes are small, inconspicuous lundblyds. One such species, the Belding's savannah s'larrow (Passerculus sandwic:herists beidingii), is a common inhabitant of plckleweed salt marshes, including the Huntington Beat I h Wetland, and was the only species noted onsite. Several individuals were observed foraging In the piekleweed. This subspecles`of savannah sparrow has been reduced in numbers,;as has "the extent of its habitat, and is now considered an, endangered specie-i,'by wti i. CDFG. Its status In the Huntington Beach Wetland Is discussed more fully in the following section. Other birds` that nest In the salt marsh are the song sparrow (hicioselza me__� tadie) and western meadowlark (Stuff he lec:ta) in the tipper' portions and killdeer (Charadrius voe terus) on the salt flats., The most conspicuous mammal in the sal: marsh is the desert cottontail (Syla-iing_s nud_ uboni). tither mammals presumed to occur 1611 the vicinity are several nocturnal rodents, such as the western harvest mouse (Heithrodontomy `m alotis), house a mouse (Mus muspulus), norway rat (Rattus norvc icus) and 's'otta's packet gopher (Thomomvs bottac). Predators such as ,the Virginia opossum '(Didelphts vir�inians), { coyote (Canis , latruns), long--tailed weasel (Mustela fronata) and striped .skunk (Me hliis me httis) Are also likely to be present. Man and his pets, especlally dogs, are also significant predators In wetland areas clossa to urban areas. Several species of lizards and snakes can be expected to occur along the. margins of coastal wetlands within or near the pro)ect area. The most likely would bo ;the western fence lizard (Scelogarus Qccldentalls), side-blotched . lizard JUtrA ' 9tarLsburianck), gopher smahn (Pi�is melan,laucus) and, perhaps, , the common - -- - - - -- - -- �_ r t Control t'hannel on the northeast, 1Sagnolia Street on the southeast and PCIi.on the r southwest. The`Huntington Beach Wetland is great y reduced in size from Its on nalextent (s 1 e.. gi � (see, CDFG ' 1982 for a detailed discussion), and what .res i5 highly degraded In nature. The California' Department of Fish and Game (CDFG 1982) has determined that, of 150 acres of histerie wetland in the Huntington Beach Wetland area, 115 acres (76.5 percent) remain as viable or readily restorable wetland. The entire system has been cut off from tidal flow and several characteristic salt marsh plants dependent upon daily tidal flushing may have d6appeared from the Huntington Beach 1 et end as a result. i y ] SITE, CHARACTERIZATION Vegetaiion The designation "wetland" is 'defined by CDFC MCP 1980) as "land which may be • ? covered perlodical.ly or permanently with shallow water..." and by the U.S. Fish and Sti idlife Service (FWS) (LCP 1980) as "...land where the water table is at, near or above the land surface long enough to promote the formation of hydrle 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 vegetation of the flat, one-acre project site is composed of a single plaint community coastal salt marsh. Ttuee plant species were recorded: common pickleweed (Ulcornia viiu�niea), alkali heath (Frankenia grandifalla) and saltgrass (Distichlis s 1cata). All of these are native species. -I The site has become degraded through lack of tidal flushing. The absence of tidal .exchange haR resulted In a depsupera►te species diversity In a plant comet-lity characterized by dead esid dying pickleweed and stagnant pools of water. 'the site I 'm also been disturbed by a number of,vehicle traps. �P Y 8, P h iffe e havo bfen c� orted b dtlEcrectt investi aloes erha s- usin d c nt eotusing techniques and different dcirntions of field effort, could ekert a lircfound effect upon t lie`census results. Even if the lnercase is real, no census tin tit.for'tntcrvcninfi yenrs are"avallable 'for comparison or for detcrmination of short-term population's trbnds. Other o lat'Ions �of the-Beldl 'a savannahs arrow occur.loca.11Y PP in U� ` er`Newport P Pu � P Bay, In the Bolsa Chic& marshes and In Anaheim Bay. Other federal- an d state-listed endangered species have been observed utilizing nearby habitat. 'These are: o California least tern (Sty antillorum br, aw ), which feeds In estuarine areas and offshore and utilizes a breeding site on Huntington Beach less than one m;le from the project site. j o California brown pelican (Pelecanus occidentalls which fishes in the near shore waters and breeds locally,on the Channel Islands. o Light``-Booted clapper rail s(1 allus longirostrts levi es), which breeds Well in the cordgraw salt 'marsh In nearby Upper Newport Bay and An��heim F .._. Bay. Hone of these species currently utilizes the project site. Tidal flushing, If.tt were restored, nilght attract the least tern because of the small fishes wM ch might then occur in the channels. Only one sensitive coastal wetland plant species, the salt, marsh bird' beak (Cord• lrtnthus maritinius), has been found in the vicinity of Runtington Beach. It is .� listed as endangered by FWS, CDFG and CLAPS. This species Is found In nearby:Upper Newport Bay, but has'net been recorded from the Huntington Beach Wetland, nor froin the nearby Bolsa Chlca,Marsh. it was once a common plant of the upper snit marsh zore (Purer 1942), but Its range hass been greatly . reduced. . Currently, populations 'Are known from Tijuana Estuary, Upper Newport Bay and :Mugu Lagoon (Zedler , 1982). This facultative parasite apparerttly requires Inundation with `cool freshwater ,following heavy rains In order to germinate. Stream rhannolizatton for flood control has diverted 'storm ,waters away from salt marshes that;;were:once subleet to periodic freshwater flooding. kin snot~ ---J►- g ., •e (l.arn°)rogeltis eta, tult�s). tAmph{blahs .are unlikely no the .site, as 'ntinst ' c les 'aire` not'- . . ...- Spa,• . ; . not.-ada pled to e� tngrIne or estuarine. 'existence and cannot tolerate rt . saunc environment. SBNSM" B16LOGICAL RESOURCES Discussed within this section are: (1) species present onsite which have been afforded special recognition by federal, state or local, resource conservation agencies due principally to declining or limited population sizes resulting in most cases from habitat reductiont and (2) habitat areas onsite which are unique, of rMatively limited ' distribution or particular value to wildlife. spec lea The site was examined for the presence of sensitive plant and animal specii;s. No speeles of plant designated threatened, rare or endangered by the U.S. Fiish and wilfllfe Service (FWS), California Department of Fish and Game (CDIIG), or California Native Plant Society (CNPS) was disclosed by the survey; however, one bird species of concern occurs within the project site. P P j The state-endangered Belding's savannah sparrow breeds in the pleldeweed marshes between the Santa Ann River and Ocenn Boulevard. It has been designated es 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 Iletlands in 1977 (ivlassey 19 77) revealed 34 territorial pairs' between Beach Boulevard and 1lrookhurst Street. Another cemius of the site in 1903 by Wilcox (Hunt 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 on the project site and .several others were seen in the near vicinity. The apparently substantial increasa in' numbers of breeding pairs of 4avemnah sparrows' estimated from the Huntin an Beach Wetland between 19T1 and 1 - 83 Is g surprising. While the increase may be reel,and significant, the fact that the data i elimination by predation and unsuccessful competition for food and tcrritority. , Sp ecies of low mnbillty end those refusing to emigrate may be. ell n,'Ih+ted outright by . site preparation. Following construction, some species will return to the developed portions of the site suitable habitat is 'present, though most will be dislodged permanently t providing , a odg • pe ntly ,by removal of habitat suited to their existence. To the extent that they are tolerant of P , y p � human resence native wildlife will return to an 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 offsfte areas wilt be 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 sma» 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 sere of habitat. Night lighting may be detrimental to animals in nearby natural habitats for a variety of reasonz. These Include disc uptlon 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 thitt adjacent areas are utilized by wildlife to Tess than their fullest extent. hi1'1`IGA170N 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 I acres) remains relatively free of human disturbance it will continue to fuinction as a component of the natural ecology of the aree except in the immediate vicinity of the now development. in order to lessen any Impacts ,on the surrounding area, It , Is recommended that,the following mitigation measures he considered: 7 ;r • - Other loeal rare and endangered plants are found on coastal bluffs In the region but ; t these ire outsidgi the area of concern addressed In-this report. H+atiltaR . ,;; An environmentally sensitive habitat. Is defined ,by the. California Coastal Act as an area in which plant or animal life: or their habitats are either rare or especially valuable because oh their special nature or role in an ecosystem and which could'be easily disvu tad by human activities and developments (Section 30107 of the California Coastal Act of 1976). Salt marsh is the only environmentally sensitive habitat type within the'wroject area. Wetlands are becoming Increasingly significant in California its they continue to be lost to'urban development. They play an important role In proving'rood and shelter for water-related wildlife, including waterfowl, and are of special concern to various {, g charged ling P g h -g s public a enclEs cha ed with mans and rotie:atin *am., anti non-game �e:..ouraas.. •The Department of Fish and Game (1982) has described plcisleweed-tominated stilt pti marshes as among the most productive natural plant communitles on Earth, Ewen though most of the Huntington Beach salt marsh, including the project si.e, 6 degraded by 'luck of tidal flushing and by human overuse, these wetlands are of significant value to wetland-associated birds and have a high annual net'productiYity. 13"IR4NMEWML IMPACT Implementation of the project will result In the removal or disturbance of approximately one acre of salt inarsh vegetation. Secondary Impacts include Incrwase:d vehieuta.r-traffic to and from the: project site, reased noise Associated with oil rig operation inc and fragmentation of ,cxisttng salt m arsh'hebi tat. Construction activity wUi disturb all wltdlife In the vicinity and many specfes.csn be; expected to move to adjacent areas of similar habitat provided it Is, available at the onset of activity. WI1dare which do emigrate; area particularly vulnerable ►o 6 y 1 !. A berm should be•cons� trusted around the project alte in order to isolate it . E in case tidal action should be restored. 2. The tentlall adverse of po y � t'ects of night lighting an the surrounding ualtmarsh Can M mitlgated'•by leaving ' the project slte ,unlighted or Eby using low Y -infiengif �r sliverid globes. The project site Itself,, however, represents an Inecementnl albett small encroachment Into`the Huntington Beach Wetland that 'is an unmitigable Impact of local ooncern. An alternative to the direct mitigation of project site, impact might be the contribution by the city of 11untington Beach to on ongoing wct;end restoration project. Several restoration projects in which the city might consider participation have been proposed by other agencies. it is recommended that• a committmert be made to remove oil drilling equipmenk.at the end of project life. ; it - ww t s r77— is REFERliN CES CITED American ,Ornitholo fists Union (AOU). 1983. The Check-List of North American Birds. 4th ed. Men Press, Lawrence, Kansas. 877 pp. elifocrilas Department: of Fish`-"d, Game ,tCDFG). . 1980. At the 'Crosssrunc!s A Deport oil the`Status�of California's Endan Bred find Rare Fish and wlidli e. ' 11�� N wYw�•err����AY .r .w.rlV�.i. .. State of California Resources Agency, Sacramento, Califomin. . 147 pp. + Addenda. Ca11fdrnia Department of" Fish and Game (CDFG). 1982..:, Department.of Fish.and Game Determination of the Status of the Huntington Beach Wetlands. Photocopied n s. 35'pp• , California '.Department of Fish and Game (CDFG). 1983. "List of Endangered,,;)tare and 'Threatened Animals of California." Revised June 1, 19830".. 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 j Plant Protection Act). Revised July 1, 1984. State of Califora, +Resources Agency, Sacramento, CaUtorc ia. Photocopied list. 5 pp. California Natural DIversity Data Base: (CNDDB). 1984. Data Bnse Record Search for Information on Threatened, Endangered, Rare or Otherwise Sensitive SPecies and Communities in the Vicinity of Huntington Beach, Orange-County, California. California Department of Fish end Came, State of California Resources Agency, Sacramento, California. ' Collins. J. T., J. E. ,Hukeey, J. L. Knight and H. M. Smith. 1978. "Standard Common and Current Seientlfic Names far North American Amphibians and Reptiles:" Soc. Study Amphibians and Reptiles. Her - Circ. 7. Fish and -Wildlife Service (FVtiS). 1982. Endangered and Threatened Wildlife and Plants. Federal Register 50 CPR 1T.-11anc 17•12. i .9. Department ot the Interior, Reprint. 13 pp. Hunt, Harold. 1984. "Biological Report for the Orange 1 Widening Project." Water. • Research and Testing Unit, Transportation Laboratory. Unpubl. ins. 108 pp. + Appendices. Jones, J. K., Jr., D. C. Curter, H. Y. Genoways, R. S. 11offmati and D. W. Rice. 1982. "Revised Checklist of :forth American Mammals North of Mexico, 1982." rOccas. Fad htus. Texas Tech Uniy, No. 80, w...w�.Nr r• Local Coastal Program Staff (LCP)• 1980. "Background Report for Coastal F.lenient: Environmentally Sensitive habitats." Local Coag tul Plan Task 3.2.1. City of Huntington Peach, California. Massey, B. W. 1977. "A Census of the Breeding Population of the Belding's .Savnnhah Sparrow In California, 1977." Nongame WIWI. Invest. Job 1.2, California Department of Fish and Came, Sacramento, California. 15 pp. 9 , , { ` If 1e 4 ,..,.. APPRMDDK • , , , 1liunz, P. A., ..19 Wit, A Flora of Southern California. University of California Press, Berkeley,'California. 1086 PP- `� hi tin zI P. A, and D. ��. Keck. 1959. A C�altfoini University of California Fress,.Berkeley, California. 1681 pp. it . Purer 1:. 1942. Plan! ,,Eeology of ti:Q Coastal Sall Marshlands' of San Diego ; County" EcoL Monomer. 12:82-111, f ,• 3 Smith, J. P., Jr., :R. J. Cole and J. 0. Sawyer, Jr. 1980. inventor of R. re an Endang' ered Vawculer Plants° of C�r.'.fornff. Special Publ. No. ,1 :,nd ton , California Native lent Society. 1 pp. + Supplements. s. Zedler, J.' A., 1982. The Ecolm of` South iin 'California Caa►stel Salt Marshes: A Co:r►.,-Anity Pro' Me.e. s an e - S6rviZe, Biol6glcal rervices Program, Washington, D.C. FWS/OBS-81-54. 110 pp. s. 1! �r 10 - Oil REPTILES IGUANIDAE- IGUANAS Scelopocut oceldentatis .: ,w�re n fence Hzerd Uta stansburiana side-blotched lizard • � ALLIGATOR LIZARDS, t1►NGUIDAE ,. Gerrhanotus multicarinatus southern alligator 1liard CbLUBRMAE - COLUBRID SNAKES Pituo�his melanoleucus ; gop er sna ! 'Lam2 ropeltis getulus common kingsnake BIRDS ACCIPITRIUAE- HAWKS ..., Elanus caeruleus R D A3 ik-s� heull ered 1 iVe Circus ganeus W northern harrier Buteo jainaicemb R red-tailed hawk FAICONIDAE - FALCONS Falco spnrverlux : R . American kestrel CHARADRIIDAE- PLOVERS : Pj uvi lM s uatorola W• 9 black-bellied plover ,} Charadrlus semi almatua W ' sernipaimatea plover +. Chsradrlus voellerus kt 4 r TABLE 1 AIJMAL•COM PEN DIUM« , T �ST S 8.,SEASONAL A U icds Only) J ,r is ', 1. ,� 1,r, IV s•I 'R -resident,cr round in vicinity year round j S present in summer on1Y _�,. r W ' winter visitor .,. STATUS , <. * Non-native + Observed during the present survey , _ (e,1 Ltat incitKiea species observed or expe:ted to occur an or In the imrttcdiate V16nr site.(b'. Onl3 teedirg, andoverwZnteri birds a re llxted. hli r• an, 'e va nts are not,Included. • .� .•. i.``� LARIDAE JAEGERS, GULLS AND TERNS (Co6tinue'd) is L delawacensts R ring-billed guU Larus Caufornicus R,: I Caliiarnih gull I� .Carus ocetdentel3s R western gull a COLUMBIDAE - PIGEONS AND DOVES Zenaida macroura R �t mourning dove TY RANNIDAE - TYRANT FLYCATCHERS I{ ;__S�ayro__rnni�is saya W s 5sy,s p oebc t ALAUDIDAE -' LARKS r ; '1 Ere mo hila 'al estris W IiIRUNDINIDAE - SWALLOWS Tach"din_nete bicolor W tree swallow f; - Stel idopter "serrtpgnnis S , northern rouglrwinged swallow • l lir"` Cliffswa no ota S w fiirurido rustics barn swallow • CORVIDAE --JAYS AND CROWS Corvu's br'achyrhyneti R { _ _^w____. American crow Coraus corx R .......� common raven , ` 1 . RECURVI ROSTRIDAE - STII;'TS'AND''AVOCE'I'S Himantobus mexicanus Et bl ck-necked stilt Recu'rostra,americana R American avocet SCOL,OPACMAE - SANDPIPERS I T rin a mela'66Ieu ca W , greater yellowlegs Catoptro horvs semipalmatus W willet Actitis mactilaria spotted sandpiper NumenWs phaeo us W wrhimbrel Num'entus Mmericanus Stir 1 -b curlew ;n ed ur e v g � l Limosa f i&a W marbled odwit Areng hierpres W —.-- ari r dy wrnstoaa Arenaria mclanocephnla black turnstone li Calidris Alba W. san er ng Call dris'tristtri W., Wester, sandpiper 'Calidris minutlua, W least a Wiper Calidr is al inn W dunlln Llmnodromus rseus ., _W `. s ort-�ill�d�witnher Limnodromus sc6lonaceus W long-blUed dowitahec LARIDAE - JAEGERS, (3ULL.S AND TERMS Larus 2- liadelehla W .....�... onaporte's gull faros heermanni R ,. } fieermaatnS U 14 V VESPERTILIONIDAE - EVENING BATS M�iMls ceti.l'ornEct�s . �. Callfornla myotis EpteslCils'f us cus , _.._ e- big brown bat Laslurus cinerus hoary bat : . . Antroxous ' aMdus ."pallid e�at"'""'�" NIOLOSSIDAE - FREE-TAILED BATS Tadarida brasiliensis Hrc iltanfree-tailed bat LAGOMORPHA �- HARES AND RABBITS Le us californicus' black-tailed ack rabblt + S 1vfiakm audubonil desert cot` tonteil , ,r SCIURIDAE -SQUIRRELS S cHro hp ilLIS beech ' i California ground squirrel GEOMYIDAE POCKET GOPHERS Thomom s bottae Mott Qc-R t gopher CRICETIDAE - NEW WORLD RATS AND MICE Reithrodontomys-- megalotls western harvest mouse Pe' romneus maniculatus deer mousy MI crotua caliCorntevg Callrt CnId y01Q . 17 r LMOTACILLIDAE - PIPITS Einthus s Inotetta h' water pipit LANIIDAE - SHRIKES : ludo�t 'I uu R loggerhead shrike STURNIDAE - STARLINGS Sturnus 1 oris x European starling t EMBERIZIDAE - IYOOD WARBLERS, "TANAGERS, BUNTINGS AND BLACKBIRDS + Passerculus sundwichen'sis beldinjo R elding savertnah sparrow htelospiza melodia R song sparrow Stu' rnells neglec to R . western meadowlark ' Ey2h gus eyanocephalus R Brewer's blackbird FRINGILLIDAE - FINCHES Car odacus`mexicanus R house finch 4XA�IMAi'S DIDELP111DA E - OPOSSUMS Dlclelphls vininnu - Virgin.a opmum SORICIDAE - Sit REWS Sorex ornatus ornate shrew 1 ' � �S , MURIDA,E'=.OLD WORLD HATS AND MICE , Ratttis norve cus 'Norway rat hies."Ilisculas ...�..�1flt�OiJS@ { CA`NMAE-- WOLVES SAND PDXES Canis'latrans coyote r Canis Ifamli aril domestic: clog _Uro cyon�clnereonrgenteus gray fox Vulpes fulva • red fox PRaCYONIDAF. - RACCOONS ; Proc�on lvitor raccoon Q . .NIbSTEGIDAE - WEASELS AND SKUNKS Mustela• freneta ...r_ long-ta weasel S,pile.Palo�gruc�lts _ spotted skink Me�.hltls tne�hltis striped skunk FELMAE- CATS . Tells domcsl- us met a rst f - I ►a.t t to: :;tate C70ar&AP uM. 140 TWO St 10 121. bactt,aaato. C1 ireatt-V1b/40�A11J V"r twit, o lco% FtlSTCE Q UXi'11T1011 t10 i '06ARAi. iY3T10iT ?UJiRTLL FM =l � Zone Case 84-15/Negative Declaration 84 -33 IA•s0 A,,,,-.:- ritY of t�u_nt_inton Beach y :I. Con t z r ., Howard Zelefsky :t,. Frr-t AclCrMsi 2000 Main Street 3a. rsty WnL in0ton Desch 1 Oran4e :.a. z:,; 92648 3r. r ( 714 ) 536-5271 liilii3`T 1t As1CM ;. Ctxtatr:� Oranve 4.. ctt•lca*mtty• Huntington Beach o. Assessor's Parcel No. 114- 160-60 4c. section , 24 6 xuse 11 %1. rTws Strvets: Pacific Coast Hw Alagnplla S5. for ituni, fearest - Caruns tr State Air- It.l1- iitrr•. Santa Ana F. attato 2 $~lies: S. a� 1 b' ports C. rays _ d' rays River Q]C1Af�,?f: :Till 9. IMAL A CM TM 9. 113S1CtnMA' Tips CM Ji. Wreral Plan V;=,te 01. trssdeattal I?nita Acres 05. 0:. Ik-a Elecent 02. ^_Office: SQ. Ft. 02. �rarlr ores Ol. MC 03. Getse,ral Plan Atae=et+t Attes I Ic�yesa - 6 03. X Mes ►ham 09. NCO Oi. Meister Plan 03. w�Sbwirc/Camerctal: Sy. Ft._�� �Praft Eft M. Acaetation Acres � � C=l0yr+ts SuMlcr nt/ 06. Specitie Plan 04. 15Cue:tlal• :1.I. Ft. E1R (Prior M No.: 07. 0a9ma101tr Plan Ac-ft% 1�•lgi►ea CO. Itke-jewlofcmnt 09. titer facilities; W.D. INEPA .'0. x 1letrx+e 06. Tr&Dvp,;rtatica. .yT Rr'a f t r+. wl 11. ElS 10. Land division 07, Oelairs: telt.eral 'STENdiviaxon, ramel "'- yG. RNI1 12. CA Mar. Tact WAp, vtc.) 06. �Pcwer: iyQr flits � •Use PrMst. CV. �Uste Tnwtarat: Tnv Vie' 13. Joist VCKU:r0t 12. Vast* s4xt hla0 10. CIM Minted U. _ Fteal Avm=ont 13. �Caccol AZ Preserve 11. X Mr.91' Drilling-of oil UyIl C+tbe r 14. Case r :0. 70= ACM: t I. T(?=JUM COrJ?W. 12, "wan, 1-"WM 171scom= U1 OOCCIMI 16. _3"tic 3)SIMN 23. $star l�tallty 01. Aesthetic/Vyv;.ai U8. Floodles/12raicw 16. 3eftr Cipacity 24. $ater stT•p1T 02. Agricultural Laad CO. Cleo logir 1301 ruc I'►. .•,octal 23. Net.ix d/Rspartan 03, Air Cv11ty 10. Jatrt/P.xas;r; Balance is. ;Coll Etaslce Z6. X-Itlldlt.e 04. Archao►slogical/Riawrseal li. Ylaerall 19. solid $i. c 2 7 �GtwtA leducinp M }( C atal 7rxr 12. X Moira 23. Taale/114mar,sa+ts :3. �laoarwatlt+le ZAWULV ��. rkwmic 13. Public Services 2%. 'Intltex-traul:tice 243. CUtulsttw E::rcta tl:. Flte lls:aM :4. w„E.rnuyo 27 �VptetatSna 30. t1 NR�IlG rappros! Federal 3 &/jt State! S Total S .4. MOM L M t= Alt) SWIM: tJacant/L.U.D. Limited Use District 15, rVv= DWOU ", Ila permit a 'change of zone from LUD (Limited Use District) to L.U' D.--01 (Limited Use DisI.ict r. ciwbined wilth oil Production) Ah woOld allow for t-he r, rilling , of oil wells .on 1 acre of land ` • 4m: ,Clratrsnttstttaw rill "alp I tratlt/G F ,'sa ts awmik 's to 1 t . :t t Ski mWwr shied), + :uata for a Drvjer trail 8 NOttce Of. 1<t'wpsrsiian M r,�art ai'7<21 tlttw p) fill f: in, William Curtis 37 Morena IRVINE, CA 92715 February 2, 1985 Mr. Richard A. Harlow & Associates Planning and Governmental Relations 333 West Yorktown Ave. Huntington Beach, CA 92648 Dear Mr. Harlow; This letter will outline the drilling and development program of the 1:12 Acre Daisy nil and Gas . Lease in Huntington Beach, Califor- nia, as requested by you in preparation for the public hearing to be held within the next thirty days . III The surface location of the prospective wells lie within the boun- daries of the Pacific Coast highway on the west, Magnolia Streeton the south, the flood control channel on the oast, and the Southern California Edison Plant on the north`. I 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 gas well. The target depth Will be the "A" gas sand, 1400 feet. This sand has been tested by the Exxon #2 well' at two million MCP per day, . but not produced . If the well is successful I plan to choke the well back to 8000000 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 Man for S .C.E. , has verbally coin.l tted to purchase all gas that can be produced from this zone for , the operation of the Southern California Edison plant at the fair market price (approximately $3 , 50 . per M.C.F,. contract for ' twelve months take or pay can be negotiated) The drilling time necessary for this well will be approximately fivFroA�:am�wouldmconsipt of running' additional lQ days ..: The, Cotnpletion p will: be .a g' .. . s g' soven inch, casing and 5" liner and installation of the well heed connections ` (better known as ' a "C:hri tmas Tree" ) . A, sketch drawing is enclosed , Thrmitanrentrictirtment ma wig to :impose as,,a cianaition of the 4e , s Poi of the ystbrage U' hydrocarbons 'and,.;etorage.; _. . . facilit{es ,normally .associated with the bapuration .of oil and water. �1 such ;.a restriction would be ' Hoceptable, since .after ail product-ion is ©stablished I will ir,stal.l, a pipeline to an existing tank farm located nearby. ay Mr. Richard A. Harlow page 2 I have conducted a thorough evaluation and study of this property over the past 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 Vest Newport Teach Field, the "Main Sand" at 5500 feet. This rand was encouhtexed and produced by the Deeble # 6 well which was drilled within 100 feet of the proposed site location in 1955 and abandoned in 1972 by the Edison Plant to make way for a tank Farm. It is my belief that this sand exi:�ts also under the Daisy '.ease. This opinion is shared by Mr . Eugene Bottom, Geologist, Bartho Oil Company; Mr . Tom Cooke, Production Mana9er, U11NOIL; Mr. T.W. (Ted) Ehring, Consultant with Petroleum Industry Consultants , Inc. ; Ms_ D. E. (Uon) Vandenberg, Oil and Gas Consultant, all of whop have recent experience super- vising and drilling in sensitive coastal areas. These four petroleum experts will be retained for consultation during the drilling and . .installation phases of this program. I am also drilling and producing wells in Ventuxa County adjacent to the City of Ojai. r wish to convey to the City of Huntington Beach that 5 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 environmentalistr in higli-value land areas . Drilling operations will comply with all uniquo problems involved in the handling of natural. gas and transp -rtat.ion of hydrocarbons end will comply with all requirements of Section 30262 to assure minimal environmental impact. My' future development programs include a second phase development; tho offer to drill six water injection wells in the offshore lease n,:f the City of Newport Beach, adjacent to the Daisy Property. I The City of Newport Beach currently owns sixteen wells in that adjacent location. Phase Three is to secure an offshore oil and. gas. lease. from, the, State. of California (one-mile square adjacent to the beach to test deeper zones) . Preliminary meetings with the State; indicated no drilling i would be permitted from platform drillsites , and that the Daisy- Property location wouldbe suitable for the testing .and developing of offshore operations. Please refer to the sketch drawing enclosed for 'Additional informa- tion. In the event you need additional information to procaed, vith your preparation for; public hearing., ,: I am available for corteu,t ta- t tion at the office number. 641--4718 or 'home number -766-7718 . Sincerely, William Curtis we/jm ilk, facilities and procedures shall be provided for accidental spills that do occur. section 30233 . ' • ( a ) The diking, .filling, or dredging . oE open coastal ' waters , wetlands , estuaries , and' lakes shall be perTnitted in acordance with other applicable provisions of this division, where there is no feasible less ironmerstall damaging alternative, and where feas'_al mitiga n measu e: been pro�r ed to minimize 'a verse environmental effects , and shall be limited to the following : (1 ) New or expanded port, . energy, and coastal-dependent 1 industrial facilities , including commercial fishing facilities . i2 ) Maintaining existing , or restoring previously dredged , depths in existing navigational channeia , turning basins, vessel berthing grid mooring areas( and boat t launching ramps. �► ( 3 ) In wetland areas only, entrance c}:annels for new or expanded boating fac: ilitiess and in a , degraded wetland , identified by the Departmer4 of fir'?nh anti Ge*-1`pursuant to subdivision ( b) of Section 30411 , for boating facilities i : , in conjunction With such boating Facilities; a substantial portion of the degraded wetland is: restored and mainta,tned as a biologically productive wetland ; provided , however, that in no event shall the h;ze of the wetland area used for such boating facility . including Bert%i ing space i tuning basins, nzcessary navigation channels , and any necassary support service facilities , be greater than. 25 percent of the total wetland area to be restored . i ( 4 ) In open coastal waters, other th;'n wetlands , including stream*, estuaries, and lakes, new or - expanded boating facilities. 0 ) Incidental public r;ervize purposes , including but not limited to, baryinq cables aria pipsa or inspection of piers. and maintenance of existing intake and outtall lineso erah xtrac ion Including- sand �, ( 6 ) Nin x e t , g ( ' restoring beaches, except in environmentally sensitive areas . �,.:,.. ( 7 ) Restoration purposes .- 1 , ( 8) stature study , aquaculture , or similar resource dependent activities . ' ( 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 fcr 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 De'partmer,c of Fish and Game, including, but not limited to, the 19 coast %1 wetlands identified in its report entitled , "Acquisition .. ?sties j for the Coastal Wetlands of California" , shall be ` ted to very minor incidental public facilities , r.estora '.. iv. measures, nature study, commercial fishing facil; t• iv- , �n Bodega Bay, and development in already deg-r;laped ', +r , W of south San Diego Bay, if otherwise in acc_, --�" ince wvch thit;, division . For the purposes of this section, "commercial �ishing facilities in Bodega Bay" means that not less than 80 percent of all boating facilities proposed to be developed or improved, Where such iirprovement 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 imaede the movement of sediment and nutrients wh1ch would of erwise be carr� ed .by storm runo f Into coasts 7waters�, To �acfMate the continued delIvery of these sed menus to the littoral zone, whenever, feasMe. the material removefrom- t ,. ie ` aci z ties may be � Placed • at a ro ria!•a points'on' the shoreline in accordance with other a 1 ca a rov s ons , of '615131visloni where feasible m t at -on measures havebeen prov�ded , to min rtt xe adverse env ronmenta a ects. Aepecte .that shall a considered- before , issu n a �o��Ca.L development perm t for such urposes are the met od..of placement time of year of ' lzcement',- and sensitivity of the 1� acement area. "�' ( by :Ch . 673 , Stats . 1978 . ) ( Amended , by Ch. 43, Stats. 1982:) :, Section 30411 . '( a) The Department of Fish and Game end 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 commissio-n shall establish or inpose any controls with' reQoect thereto that duplicate or exceed regulatory controls established by such agencies pursuant to specific I statutory requirements or authorization. F ( 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 30233 . i Any such study shall include consideration of all of the following (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 major re►4toratio:! activivAes . - ( 2) Whether a substantial portion of the degraded wetland, but in no event less than 75 percent, can be 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. or, brackish water :a uaculture is 'a coastal-that .salt water (c)_ The Legislature finds and declares q dependent `use '.: � wh ich should be 'encouraged to augment food supplies and ' to further the policies set forth in Chapter . 4 (commencing with Section 025). of Division 1. The .Department of Fish' and Game may identify. coastal mites it deems aiipropriato for aquaculture faciliti`es. . rf , the department, identi;f)'Les ' such sites, At shall do so by. vctotier 1, - 1900 , and shall by the same date transr:�it information iden�ti.fying' •aueh' sites to ` the � I s_ F f 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. cosstal sites identified by the Department of Fish and Game for such uses as are consistent ,with the policies of Chapter 3 ( commencing with secticr 30200 ) of this division, ( Emended by Ch . 187 , Stats . 1979. ) Section 3041: . ( a ) In addition to the provisions set forth in Section 13142 .E of the Water Code , the provisions of this section shall apply to the commission and the State Water Resource3 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. ' r The commission shall assure that proposed development and local coastal programs shall not frustYate 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 !etermination by the State Water Resources Control Board or any California regional water quality control board in matters relating to water quality or the administration o- 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 1 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 serY,ice to any area► within the coastal zone that constitutes a treatment work shall .lbe reviewed by , the commission and 'any permit it 'issues , if any , shall 'be determinative only with' respect to the .`'following aspects ,of 'such development : i i outside of existing, terminal. areas, shall be situated as to avoid risk to environmentally senaiiive areas and shall ute 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 containmznt and recovery equipment for oilspills, 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 . r (Amended by Ch . 855, Stats. 1977 . ) Section 30262. �� Oil and gas development shall be permitted in accordance with Section 30260 , if the fallowing conditions are, met; ( a ) The development is performed safely and consistent. with the geologic conditions of the well site. 111 ) New or expanded Facilities re ated to sucY development are consolidated, to . the maximum extent feasible and legally, permissihle, unless consolidation kill have adverse environmental .consequences and will not signiiicaritly reduce the number of , producing: wells, support facilities , .or sites required to produce .the reservoir — and witil,.minimal environmental impacts. ; (c) ,,Environmentally . safe and ,feasible .subset : 7�icampletions are ; used when dcilli.ng platforrns� or ; ands .would sub.ia, ntially . ,degrade. coastal visual qual.iiies `.unless use of .such structures will result in svbstantiakly less environmental rinks. ( ), Platforms or , islands will ..not be. 11£kc�d where ,,a substantial hazard .,.to vessel Lrffic might; result .frog the _,� I 1 facility or related operations , determined in concultAtion With the United S to tes Coast Guard and the Army Cotes of Engineers . (e) Such development �.,ill not cause or contribute to subsidence hazards unless it Is determined that adequate • ; measures will be undertaken to prevent daiThge from such subsiden' ce. I ( 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 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 the elimination of petroleum odors and wa t 2r quality problems . 1 where appropriate , tarYng programs to record land surface and near-shore ocean floor moverentsshall 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 stabilised. Costs- of monitoring and mitigation programs shall be borne by liquid and gas extraction operators . Section 30263 . ( a ) New or expanded refineries or petrochemical facUitiet not otherwise consistent with thy: provisions of this division shall be permitted if ( 1 ) alternative locations are not feasible or are more environmontall.y 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 An- 'a highly scenic or seismically hazardous area; on any of the Channel Islands, or within or contiguous to environmentally sensitive areas; and (5) the facility is sited so as to. Provide a sufficient buffer area to minimixe, adverQe impacts on -surrounding property . ( b) In addition to meeting all applicable a,.r %quality standards, new ,or expanded refineries or petrochemical factl.ities shall be permitted in areas designated; 'as,'atr .; it 7 �l LEGERD CWVAL*ALTVAANI J COMTAL iAL!PLAT IL - �� Y• ,�,� �'�'� l�� IlEt11l�AALIINN�FAT[R WAK MAAt.A P • �► ,• }IL 'yR1sTOMAK9^RIM _ -Lem, o wr cN w►vr�csM n�ttfl `l - t -' .• rt• � • F1.1r �;• y O •, .+ �ti Taaai.. ' J�/ �• { p0 � 311�j� •n a COAfTAi ZOMt SCUPO"r •t•• `'� •- �a Nt r��I ���q CALIF.LEAST TERN!J�ACAE wo i Lr t - • •i,t.` •i•�C"� .ems � t� ` 1 ✓ �� � �a P7too 1 '`+el�rrj► Wool CF-Fj .'� R YEN=WIT!IT[ 1� A ��x lsACN �, , ' tYiftNlRi�iTiB�J @f1S11Q �-i8b�t�l5 P.MoomAs Doted By The Dept. Of Fmh And Go= rl s'Qrvices 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 haloe priority over other developments or. o: near the shoreline . Except as provided nlsevhere ,n t .is division, coastal--dependent developments shall not be sited in a wetland. When appropriate, coastal-related developments should be acconmodated within reasonable 'proximity to the coastal- dependent uses they support . (Amended by Ch. 1090, Stats. 1979 . ) ARTXCL�: 7 NDUS ( L DEVELOPMV-111' Section 30260 . OP. Coastal-dependent industrial facilities shall be encouraged to locate or expand within existing P.ites and shall be permitted reasonable long--teri m growth wKere consistent with this ;division. ; However, where :yew or. expanded coaital-dependent industivial facilities cannct feasibly ba , arc6rnmodated c:onsiatent with athtr. po.icies ;af this division, . they , may nonetheless be . pe'rmxtted in accordance with this Section and Sections - 302S1 and 3026'2 if ( 1 ) alteinative locations are infusible or M- re environmentally aacraaging; ( 2 ) to do '-he erwzse 'wt�uld a env iron:nen+tal ,.flfe�.ts are -mitic ate'd to thr, m adve�ge .aversely affect the public ae..f�e e, ' arri , (3) t �. �. • .aximum , 'extent feasible. . (a) Mill t icompany u'se of existing "dntiJ _j%ew Canker, feasible "_any ae 11 �ernissi.bl:e , : exce t", Rher td,d facilities shall be -encouraged ' t� Ahe , , �.,, g� y P pt".�hcre , to �3o s�, ' , • •� . would - result 'in Increased. tznkex, : pera.t..ons ..and, agsacla`cL'-3 '011sh6re.ldevelopment incompatible°,.Jith. the, lana 'Uso and env iL•on ental Beals for the ►Yre New :,tankox;,`;toOidnal� 'r •, �' .��• o s 1 Itl �I � �, jRl t'vl pr- CF•E , NI ��am �A.0 IA 016 Ai RI RI R� i I IRl F fly_ 1 Itl At At CF-R ItA FRI ` in i, ( ` -A-0 RI . ••�- Ill I::orr • . RA Rl ml All 1Q0 a 1 $ LVQ-© I R 1 1 1 RI I !11 111 I I j M2"0 • R1 a a r • y RI I R! al s rti` R 1 �n Rl �D� • I Y CF-E I 1 ``r �-- -—� ' Rl i A+i C' RI r ` c t`� A; ((11s�1l R 1 wrG Q a .XIatRil J P.1 RI ° ! •"Y. ._� •!.� = Rl "� �► tr F �e ,L o NI t Rl 1' t AI PI Cp .?�. S. `�1 J LUX L&PIM UN fit =3C ��`�` � dLu6le LtlbTttA uK •� RI � qi � AI iRl� E' DISTRICT ' • �C��'C C',c► (LUrn LmrTEO UsE D*TMCT i �rf (LUO) i 1.l►tTc''! • �t�,A,, d O USE A , � A + ,L`/f/ w At U,IS AIN fAL S.A�r�- -, _....� IN a n Adjustments, pursuant to the requirements contained la 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 to be sold to the Edison Company , Phase two will consist of off-si_-e drilling of injection k1ells in the City of :Newport Beach . Phase three will involve securing an off-shore oil and gas lease from the State of California in ordez' to slant drill for oil from the subject site. 4 The Department of Fish and Game has designated the subject site as a F 9 � I� wetland which is defined as land within the Coastal Zone which may be cove red periodically or permanently with shallov voter and include salt water marshes , freshwater marshes , open or closed brack: sh 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 Huntington Beach is currently undertaking a special study of the White Hole* areas in the Coastal Zone to determine future land use designations and l development needs . Regardless of there studies , Staff vieiv the proposed project as being consistent with the Coastal Act , Section 30260 of the Coastal Act states , "coastal- d;i-pendent industrial facilities shall be encouraged to locate or expand within existing sites and ahall be permitted reasonable long-term growth where consistent with this division . . ." Section 30262 further states, "oil and gas development shall be permitted in accordance wits- Section 30260 , . . " The Coastal Act clearly anticipated resource production an a desired use in the Coastal Zone subject to the :litigation c! 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 Zori.ng Adjustments. 6 . 0 RECOMMENDATION: The staff recommends that the Planning Commission approve Zone Change 84 -15 and Negative Declaration 84-33 and recommend arloption to the City Council with `.he following f indi ngs : 1 . The proposed oil operation will be compatible with the surrounding uoes beca►:Ae compliance with Title 15 of the Huntington Beach Municipal Cade will inaure 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 { Califot'nia Coastal Act permits industrial development ' in the k ` Coastal Zone (Sections 30160, 3026: ) subject to mitigation measures outlined in the Negative Declaration. . Staff Report° 4/16/85 . 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 communities , while encouraging the positive impacts of energy developments and mitigating their adverse affects . Further , the California Coastal Act states that coastal-dependent 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 inay consider continuing Zone Case 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 I acre property. This designation would enable the Planning Commission to condition the zone case prior to the Board of Zoning AdjustmenLs action on a Use Permit . The staff would recommend the following conditions cf approval : I . Strict compliance wi' s 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 commencement o; 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 1 and 2 acres of 'wetland" as determined by the Department of Fish and Game . 7 . The applicant shall obtain all requited permits from responsible State agencies . ATTACHMENTS: 1. Area map 2. Section 30260 3 . Letter from applicant dated February 2 , 1985 4 . Negative Declaration No. 84-33 JWP :!M.@kla Staff Report - , 4/16/95 "'4 (2233d) Jr - z, . ..- • -r huntington beach development services department AF { �► O R T. TO: Planning Commission FROM: Development Services DATE: April 16 , 1985 SUBJECT: ZONE CASE NO. 84-15/tiEGATIVE DECLARATION NO. 84-33 I APPLICANT: William C. Curtis DATE ACCEPTED: 3200 Park Center Ur . Xpri I I , P57 Suite 1160 Costa Mesa, CA 92626 MANDATORY PROCES9)MG DATE. June , 5 REQUEST: Change of Zone from LUD ( Limited Use District ) to ZONE: LUD (Limited Use LUD-01 (Limited Use D strict) District-combined with oil production ) GENERAL PLAZJ: Industrial Resource Production ACREAGE: + 1 Acre EXISTING USE : 'Vacant 1 . 0 SUGGESTED ACTION; Adopt Negative Declaration 84-33 and approve Zone Case 110. 84-15 I with the findings oui:lined in Section 6. 0 of this report . 2 . 0 GENERAL INFORMATION: Zone Case No . 04-13 is a request to change the toning 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 jurisdiction therefore subject to the permit authority of the California Coastal Commission . If an `01 " I designation is approved for the site, the Applicant will be required to obtain a use permit from the Board of Zoning Adjuotmento and e 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 . `1 3 . 0 SURROUNDING GENERAL PLANT, ZONING, LAND USE: Subject Property_ GENERAL PLAN DESIGNATION: Industrial Resource Production' ZONING: - LUD ( Limited Use Di strict ) LARD USE: Ve t July ••ate ...: -i'.1' r':ay nr ..... ....r...s�... .a.:..:..y..�. —..... ....:.. ..._._ __ —` North of Subject Property GENERAL PLAN DESIGNATION: General Industrial ZON'NG: 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 East of Subject Property GENERAL PLAN DESIGNATION: Industrial Resource Production ZONING: LUD ( Limited Use Distt'ict) LAND I1SE: Vacant West of Subject Property GENERAL PLAN DESIGNATION: General Open Space ZONING: RA (Residential Agricultural ) LAND USE: Vacan� 4 . 0 ENVIRONMENTAL STATUS: On November 5, 1385, Draft Negative Declaration 84-33 was circulated •, � for a 30-day review in order to solicit comments from responsible � r State and local agencies . The Negative Declaration included a ' ' biological assessment prepared under the direction of the Department of Development Services by the consulting firr, of Michael Brandman Associates . The staff received comments from the California Coastal Commission and Department of Fish arrd 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 Take a decision on the Project (Zone C,ase ,No . 84-15 ) . Additional analyses would not provide the Commission with � any new informatio%. 5. J ISSUES A14D 1NALYSIS: The zone Change request is intended to allow for the drilling of a gas/oil well on about a l acre site. The proposed nil 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 `011 designation permits "the drilling or boring of a new well into the earth for the purpose oa exploring for , developing or producing oil , gas or other hydro- car. bons , , or for the purpose of injecting water, steam or - other any Wubstance . into the earth . * However , drilling cannot proceed until " * An Use Permit is first 'obtained Erom the Board of Zoning �...a Skaiw�,,Reppr t wP �/16/85 4. 2-- 122336) NEGATIVE DECLARATION 84-33 CURTIS OIL ZONE CASE 84-15 Chang: of zone from LUD {Limited Ilse WSCrict ) to 1.0-01 ( limited Use. District - combined with oil production) i I i i CITY Of HUNTINGTON BEACH �.°IN X STUDY OF ENVIRONMENTAL 1APA I . BACKGROUND Applirant William Curtis ;. Address 3200 Park Center Drive 3. Telephone i 714_1_ 641-47 i ;t Project Locationc o P C t1Q £t c�es•t of Magnol is Project .T�i t.le/llescript iron 2pke _'go- _8�_c15Legat ivy Declaration 8A-33 ^ . _- -- - --- h. Va La ..,.,S+epte,IIber 4 , 1984 11 . ENVIRONMENTAL IMPACTS: (Explanations of all "Yes" and "Maybe" answers are required an attached sheet). 1., Physical Environment: Will the project have a significant impact on the physical environment witFr se pect 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: Will the project be st :,a�- t to impacts from the surrounding envTronment7 i .e. , natural environment; mianmaae environment. Yes Maybe _, No x 3. Impacts on Public Services. Will the project have a significant impact upon , or rtt- suTt in a need for a ne7. or altered government service in any of the following areas : fire, police, schools , Narks or other governmental agencies , Yes Maybe No X 4 . Impacts on Traffic/Circulation: Will project result in substantial vehicular- mpve- rnent, or impact surrounding circulation system, or increase traffic hazard? Yes Maybe NO X i 1). Will the }project result in a substantial alteration or have a negative affect on the existing: land use, population/housing , energy/utilities, natural resource_, mmon health? Yes Maybe No X =' o. Other potential environmental impacts not discussed above ( see attached sheet ). 111 . OTHER RESPONSIBLE AGENCIES AND/OR PERSONS CONI ACTED ( X ) See Attached { ) Not Applicsble IV. MANDATOR`; FINDINGS Of SIG�ZIFICA,NCE: 1 . Will project degrade quality of environnent? Yes Maybe No X ?. Will project achieve short-term goals to the disadvantage of lone-term environmental 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 hum-art beings either directly or indirectly? Yes Maybe No i V. DETERMINATION ( } Negative Declaration ( X } Negative Declaration With Mitigation { } Environmental Impact Report :z UATE SIGNATURE r S -�- -1- r^'?'� M. OA CF w.1 .. . •r ra —� �_I:mo►rlcrtal 1 III 6 6r i — �1.:.._:....�-.'. 1 f ►e.r. • . ♦ war•.• .. —� •�� l�r�.jT�. �`--y• r . ff ill -� � -� f•'l. CF-R L_.'It� i .• � 1 1' :N;•w- •Its l '� 11 R 0 TA R Y `_�e •1•t � i q � `i i � _ _'1 D U M P Ll co"co 17 .41 Cam. 4r ------------ m44 6 .�- 500 48 E � � AN At R� �•rr � litP»C � 4� u � rAS AC jr "so .� lfid•n raw •• 1 � i CIAs..o'WI k � 4►� �'�� p` �..rwr�a � is � �� dflcd d •, Lt a�ess jo.0.a . �.. s 4 i*#•I& Ct ♦i� f ,f JYdT£ -ASS C1P'3 , # ASSCS3AR'S ♦AP PARCEL AKJI SEJ4`3' f ICOK Its Ant M .�,►a,r nr r carwrr or CRAMCC — ---- �I& srco8h0, res.R;OW t!s-17 �t qSa t; Jrilling Proposal or. Da b � Property , fiuntir� ton 13c al-at CA - Y.._ .._.The proposed project is a semi--oxplorattory drilling program. t is intended to produce from the known reservoir, determine the :nits of the reservoir, and to explo-t-e for new reservoirs. Enclosed is a diagram ofa typical1�and-basc;u clx i a l ing r. it �'"•,�;.''.�:; .+. , and accessory equipment . vPhis diagram depi:.ts a drilling rig that: is used for 4-lest Coast drilling operations . It is iriclud`d its 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 har sepower of about. 1000 for the deep holes. Shallow hole well :, (1000 feet) will use .a rids with about 300 hp. The rigs will not be run at full horse- power until the last 24 hours or sta. Ustial dri.lLing wil.i be it ,about 50 percent of the available horsepo,,:er .. In addition, a max- imum of 400 horsepower of diesel-fired enyines will be used for L-he service rig and pumps . To drill a well, a rig is brought to the cleared site. Upon delivery of thL, rig to the site, the first procedure is to " rig up" , which is the process of assembling and placing tthu drilling rids components in position to drill . The actual drilling of a well. is an intensive process that may take from a few na} ., to several weaks to complete , depending on the depth of the well , hardness of sub- surface materials , and problems that may be encountered . It is , c,stimated that each of the proposed wells will take approximately 10--40 days to drill, and complote . �- While drilling, the rig turns z drill string rotating a bit: at the bottom or the drilling assembly . :+s the hole is :1csY�l:�eneci, additional sections of drill pipe must be added . Drilling opera- tions go on round-the-clock and include transport of: meri and matter- inns to and from the site. As the bit turns in the tole , it lttakea :'�s-�.�.•�• rock cult-; nc attlich must be removed frog; tht, 11ole. This is accom- 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 ot.he,• purposes of the drilling mud am to cool and lubricate the drill bit and the drill string , maxi_,, . t`e penetration rate, prevent inflow of ;formation fluids into the well bore, and :nor=t the exPosed walls of the hole with filter cake in order to minimize fluid loss into permeable formations . A11 drilling muds and oil wastes will be held in steel holding tanks . Fill oil field wastes will normally be taken to E. P . C. -Westside Disposal in Fellows , California , or any other. County-approved disposal site . Periodically i,r, the drilling of a well, casing is cemented in the hole . Casing is simply large steel pipe that is u,ed for the sides of the drilled hole to deep it from caving in . The casinn and the cement also seal off pressure and fluids from tinder- ground formations through which the hole penetrates. Casing for the propsed project will be cemented , par DOG , quirements (depart-nent of Oil and Gas) , generally to a depth of approximately 300-500 feet, for protection for the fresh water q a string of casing , the drill string .Isur£snuvad�from ethe�hole. Then each joint of a similar diameter j of c ao i ng if-, !;crewod t ocie then and lowered into tho hole to t►1, A ro► plet o casing string . After the casing is run into tho hole , v. meat is pumped into the casing and then displaced f t•om t:hu bottoin and in order to fill the annua lr space: between the casing] anal tl:e 4tF wall of the well. Once the cement hardens , the subsurface fovaij- ..... ........ Lions are nermanent+ly sealed from each other. . During drilling operations , approximately 500 btar:els of ;pater 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 required to the drill site . Most of these till be light vehicles , but: the traffic will include an average of 6 heavl, truck trips per day . .r+,,.s'.�41 after the well has been urillpd to i.ts objective depth and the production casing has been run and cemented , well c.ottipletion can take place . The rig will then be moved and the drilling of a new well commenced . This report a ssumrs that oinl � carte drilling riq will be used . at any given time:. Therefore , given the mini ►urn 20 clay period to drill a well , and approximately 5 days to move the Gig , the total number of wells that can :ar drilled ire any one year is fourteen, assuming use of only one rig at a time . Using the max- imum 40-day drilling period, eight wells could be drilled in. any one year . F Now Petroleum Production In contrast to exploratory/development drilling which is an intensive short-term operation , petroleum production is a long- term, but less intensive operation, involving the permanent loca- tion of equipment lasting over the producing life of the field . •r�''• '•' •' 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 clolf 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 reservoir, it i; possible to con- soiidate 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 distmrbed 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 acconvol i shed with a total of 12 new wells consolidated into one site . •ri t bulk of hydrocar►',ons will be transported off the pr'oporty fox j r c:essing. Any temrarary storage . uni s on the drilling I E land will be equipped with vapor recovery systems . Transportation by truck to a refiner ► would continue until p:,oduction In the field increased, to greater than 460 barrels of oil per dray , 'at which time ,..� it: would 'be economical to construct a pipeline. Abe ndonme n r. I f a wol . ij lltlau'�ce:,sful , car ,at: ':hc c'.rr;�f c:;£ tllc: i;rS;�lt c�it�c.t lift• o£ a z: i,eId , we11. ahandcc n vnt t$a'✓V1, UI, ic.(l 1)111 .;Lul11; to oroc-cdures, sp'nci f i.ed . by the California Division of Oil and Gas in "California .Jaws for. of Petroleum and Ga:; . " ? c; addition , Soction 8163- :.4 . A of the 01"iillqr, c:'oclnty Zoning Ordinanco- requires the fol.low- .i1Q : "That upon abandonment of any tr:eli of cessation of drilling operations , cart:heri sumps or other ---,pressions contain- ing drilling mud, ail or other waste products from the drill- ing operation shall b�. cleaned up by rc!mov,incl such waste products or by consc-1 L'jat.inq all mud , oil , ar other ;taste products into the land bl y disking , harro'r:ing and lavel,ing to rostore 01--: land to t11ne corldition cxist.ing pr;.or to the issuallce of this permit as nearly as prc cLicc ale to do so . " Or i.11 i.nq and All sir: lli.nc7 oper�itio;is :ir-:2 conduct.od in conformance •,:'.ith Stile regulations , including ins. r_allat..l.on and u;c L%C B .O . P . equip- ment-- and setting f caning . Tn : orkover operations , appropriate B. O. P . equi;;mcnL is empl �)yed :1:; dictatcc by the well. and operations to be .;criormed. X.r. CLirt: icz 1-3 curront I,., Pro;bjcinc, o1 I ari,i ga i Yic,II ; in Ventura Count y c7f1�_: 1 S �t::i�)Jn1; 11)1C` .`. o� dr1.1 :.I rlt3 il(: Livi t:it`:i on 4h(' r?r1f:OrSOn Ranch as of.' Ca -;''etro Petro1.vu1.. Mr . CuriAs has drilled :or h; s ow, itCCOlint ant'. ;Jt11E'r_i c"i�)pCC�11i^:it:E'1}' 1.17Q l+'0 + 5 1,, t:11t' Stat:c Or r<< tr .'ornia . For additional information contact Mr . Rohert L . Richards on , Petroleum, Enainc_e:: ; Ventura , California . ate. BIOLOGICAL RESOURCES &SSESSNIENT NEGATIVE DECLARA71021 NO. 84-33 I ZONE CHANCE REQUEST Prepared for: City of Huntington on Beach ' Department of Deg►elopme►nt Services P.O. Box 1.90 Huntington Beach, California. 92648 1 I Prepared by.- Michael Brandman Associates, Inc, 31.10 Red 1111.1 Avenue* Suite 200 Costs Mesa, California 92626 (71.4) 642-6042 Contact Person: Larry D. Mi unsey October 198 ,:. �4 INTRODACInON t1y The biotic composition of the project site Is deser ibed in this report from information compiled through field reconnai-Ssance, 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. (MDA) on October 159 1984. Weather at the time of the survey was mild, with a temperature of 75"UP � 1 clear skies and a light westerly breeze. The physical nature of the property permitted a complete direct examination of du terrain within Its confln-s. 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 inform;3tion combined with documented habitat preferences of regional wildlife species which, whether or not detected during t";e survey, are known to include the site within their range., I Habitat designations used in this assess.ner-t are necording to the basic classification system of Munz and Keck (1959). Floral taxonomy follov.s thy- current regional flora �,.,.. of Munz (197.1). Vertebrates identified in the field by sight, calls, tracks, scat or e c ^ I, other signs are cited according to the nomenclature of Collins, et al. (1J78) for amphibians 8%-Ld reptiles; AOU (1983) for birds, and cones, (A al. (1982) for mammals. Authorities used for determination of sensitive biolofneal resources are as follows: plants - FWS (1982), CDFr (1984), Smith, yet aJ.. (1980) and CNDDB (1984); wildlife - FWS (1992), CDFG (198n, 198.1) and CNDDD (1934). Additional studies on rare and endangered species In the project vicinity were consulted In the perfor nonce of this assessment and are cited approprinkely in the following sections. RFAOURCE DFSCIUPTION REGIONAL OVRRVMf The oni;�cre project site is located within ,rn area known a-� the i:untingt+�n each Wetland � G 19E2fr n predominantly pickleweed coastal salt marsh located irsiand (C. ' of PArifIc C08st fii6hway (PCE3) between the Santa Ann River and Beach Boulevard. The project s;te is within a 35.5-acre wettand parcel bounded by the Southern Cn11fa;nia rAison (SCE'.) power plant on thi! northwest, Huntington bench Flood ..� } � 1 Control Channel cn the northeast, Magnolia Street an the southeast and PCH on the southwest. The Huntington Beach Wetland is greatly reduced in size from its original extent (sec CDFG 1982 for a detailed discussion), and what :einnins is highly degraded in nature. The California Department of Fish and Game (CDFG 1982) has determined that, of 150 acres of historic wetland in the Huntington Beach Wetland area, 115 I, acres (76.5 percent) remain as viable or readily restorable wetland. The entire system has been cut off from tidal flow and several characteristic salt marsh plants dependent upon daily tidal flushing may hHve disappeared from the Huntington Beach Wetland as a result. SITE CHARAC'TEREZATION Vegetation The designation "wetland" is defined by CDFG (LCP 1980) as "land which may be 4, 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, near or above the land surface long enough to promote the formation of hyr ric 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 mam5h habitat with associated ruderal plants at its fringe. 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 plekleweed (Salicarnie vviir niea), alkali heath (Frankenin grandifolta) and seltgrass (Distichlis s icata). 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 depaupera,te species diversity in a plant community characterized by dead end dying pickleweed and stagnant pools of water., The site ' has alm bectt disturbed by a number of vehicle trails. ter, • 2 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, several species of mammals and reptiles can also be expected to occur. All vertebrates recorded or expected t.o occur regularly on the site are listed 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 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 beldingi)I is n common inhabitant of picklewteed salt marshes, including the Huntington Beach Wetland, and was the only species noted onsite. Several individuals were observed foraging in the picklerleed. 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 Wc-tlnnd is discussed more fully In the .r. following section. Other birds that. nest in the salt marsh are the song sparrow CNIelo s iza melodic) and western meadowlark (Sturnella neP,lecta} in the upper portions and killdeer (Chrtradrius voci :-us) can the salt 11ats. The most conspicuous mammal lit the salt marsh is the desert cottontail (Svlv!la s auduboni). Other mammals presumed to occur in the vicinity are several nocturnal rodents, such as the western harvest mouse (neithrodontomys :neg„alotis), house mouse (s mus_culus), norway rat (Ra trus norvegicus) and Bottalo,, pocket gopher ("Momomvs bottae). Predators such as the Virginia opossum (Didelphis v:rRlnient�}, coyote (Cana° latrans), long-tailed weasel Olustelu fra and striped skunl. (Mephitis mephitis) are also likely to be present. Alan and his pets, especially dogs, are also significant predators in wetland areas close to urban areas. Several species of lizards and snakes can be expected to occur along the margins of eoas!al wetlands within or near the project area. The most likely would be the western fence i'Eard (Seep cccldentalis), side-blotched .. lizard (Uta ' stsnsburiana), gopher snake (Pituophis melanoleucus) and, perhaps, the common a kingsnake (t.ampro eltis eta lulus). Amphibians arc, unlikely at, the site, as mosl species, are not adapted to a marine or estuarine existence and cannot tolerate, it saline environment. SENSTI' E BIOLOGICAL RESOURCES Discussed within this section are: (1) species present onsite which have been afforded special recognition by federal, state or local resource conservation agew.,les, due principally to declining or limited population sizes resulting In most cases from habitat 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 animal species. No species of plant designated threatened, ran: or endangered by the U.S. Fish and Wllflife Service (FIVS), California Department of Fish and Game (CDFC), or California Native Plant Society (CN PS) was disclosed by the survey; however, one � r bird species of concern occurs within the projct�t 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 breeding pairs in the Huntington L'egvsh Wetlands In 1977 (Massey 19ri7) revealed 34 territorial Fairs between Beach Boulevard and D.opkhurst Street,. Another census of the site in 1983 by Wilco;: (Hunt 1984) revealed 90 to 92 pairs breeding between &:ach Boulevard m.d B;ookhurst Street, an area which encompasses the project site. During'- the curreli. assessment, at least three individuals were counted on the project site and several others were seen in the near vicinity. no apparently substantial increase In numbers of breeding pairs of savannah Y sparrows' estimated from the Huntington Beach Wetland between 1977 and 2983 is 'title the Increase may be real and s;,gnifiritnt, th© fact that th i `w-- surprL,Ing. the. data I �cive been reported by different investigators, perhaps using different ccnsusing techniques And different durations of field effort, could exert a profound effect upon '. the census results. Even if the increase is real, no census darn for intervening yetun, 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 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: j o California least tern (Sterna antillarurn browni), which feeds in estuarine areas and offshore and utilizes a breeding site on Huntington Hench less than one mile from the project site. o California brown pelican (Pelecanus ocei lis �!Iilifornicus), which fishes In the near shore waters and breeds locally on the CM.nnel Islands. o Light-footed clapper rail (Ratlus loci irostris leVi es), which Creeds locally in the cordgrass salt marsh in nearby Upper Newport Huy 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. Unly one sensitive coastal wetland plant species, the salt marsh bird's beak (Co dylPnthus maritimus), has been found In the vicinity of Huntington Beach. It is listed as endangered by FWS, CAFG and CLAPS. 'ibis 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 :Newporty and Mugu Ls600s► (Zedler 1982). Thi facultative parasito apparently requires Inundation with coal freshwater following heavy rains In order to germinate. Stream channeftation for flood control has diverted storm waters away from salt marshes that wert onre f, I subject to periodic freshwater flooditrg. I 1 Other local rare and endangered plants are found on coastal bluffs In thF. region but these are odtsidi 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 their habitats are elther 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 California Coastal Act of 1976). Salt marsh is the only environmentally seru,tive 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. lt Fish and Game (1982) has described pickleweed-dorninated s( The Department of marshes as among the most productive natural plant communities on earth. Even f though most of the Huntington Beach snit marsh, including the project site, is i - degraded by lack of tidal flushing and by human overuse, these wetlands ere of significant value to wetland-associated birds and have a high annual net productivity. ENVIRONMENTAL !MPACT Implementation of the projec t t wi ll resultIn the removal or disturbance of approximately one acre of salt marsh vegetation. Secondary Impacts include Increased vehicular traffic to and from the project sits, Increased noise associated with oil rig operation and fragmentation of existing salt marsh habitat. Construction aeti-vity will dL9turb rill wildlife In the vicinity and many species �rt be expected to move to adje`ent areas of SW IM- habitat provided it Is available at tha do ems rate are particularly vulnerable to Wildlife wh ich P v Wlldli C _ . . onset of act( ity 6 elimination by predation and unsuccessful competition for food and territority. Species of low mobility and these rciusing to emigrate may be ellminated outright by site preparation. Following construction, some species will return to the developed portions of the site y 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 a ueeted adversely by the general reduction of available habitat within the project area, as wildlife from thiq 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 acre of habitat. Night lighting may be detrimental to animals :n nearby natural habitats for a variety of reasons. These include disruption of l±ght-daric 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_ MMGATION MEAsunEs The project as proposed speci Iles the removal of approximately one acre of, salt Mrsh vegetation. To the extent that the surrounding area (approximately 34.5 neres) remains relatively free of human disturbance it will continue to funr',;on as a 1N 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 foUowing mitigation measures be considered: :f 7 1. A berm should be constructed around the project s;te In order to Isolate It In case tidal action should be restored. 2. Thaw. potentially adverse effects of night lighting on the surrounding saltmarsh can be mitigated by leaving the project site unlighted or by using low-intensity or silvered globes. I ; i The project site Itself, however, represents an Incremental albeit small encroachment Into the Huntington Beach Wetland that is an unmitigrble Impact of N local concern. An alternative tn the direct mitigation of project site impact might be the contribution by the e Y of Huntington Beach to an ongoing wetland ' restoration project. Several restoration projects in which the city might consider participation have been p�-opcsed by other rigeneies. It Is recommended fltat a committment be made to remove oil drilling equipment at the end of project life. I i 8 t REFERMICES CrrLn American Ornithologists' Union (AOU). :983. The Ch(!Ck-List of. North American Birds. Fth ed. Allen Press, Lawrence, Kansas. 877 pp. California. Deportment of Fish and Game (CDFG). 1980. At the Crosnrarjcis: A Report on the Status of CiAlfornia's Endangered and Rare Fish and Wildlife. State of California Resources Agency, Sacramento, California. 147 pp. + Addenda. California Dep artment rment of Fish and Game (CDFG). 1902. Department of Fish and Pr g llunt:ntnn Beach Wetlands. Game Determination of the Stotii,, of the � ` Photocopied ms. 35 pp. California Department of Fish rind Game (CDFG). 1983. "L-ist of ?nc:angered, Rana . and Threatened Animals of California." Revised June 1, 1983. State of California Resources Agency, Sacramento, California. Pho•c.copied list. 4 pp. California Department of fish find Game (, 'Dr,G). 1964. "Designated Endangered or Rare Plants.'' Surnrnary list from Section 1904 Fish And Game Code (Native Plant Protection Aet). Revised July 1, 1984. State of California Resources Agency, Sacramento, California. Photoccpied list. 5 pp. California Natural Diversity Data Base (CNDDB). 1984. Data Mise Record Search for Liformatcon on Threatened, F.ndringered, Rate or Otherwise Sensitive Species and Communities in the Vicinity of 111intington Beach, Orange County, California. California Department of Fish and Came, State of California �. Resources Agency, Sacramento, California. Collins. J. T., J. E. Hukecy, J. L. Knight and It. M. Smith. 1.975. "Standard Common and Current Scientific Natncs for North American Amp,libians and Reptiles." Soc. Study Amphibians and Reptiles. finrp. Circ. 7. Fish and •1Vildlife Service (FWS). 1982, Endangered and nireat� Wildlife and Plants. Federal Register 5U CFR 17.11 and 17.12. U.S. Department nt of the Interior, Reprint. 13 pp. f Ifunt, Harold. 1984. "Elologiral Report for the Orange I Widening Project." Water Research tend Testing Unit, 'Ikransportation Laboratory. tlnpubL ms. 1.08 pp. + Appendices. Jones, J. K., Jr., D. C. Carter, If. H. Cenoways, R. S, iloffman and D. W. hire. 1982. "Revised Checklist of North American Marnmals North of Mexico, 1982." Occas. Pap. Mus. Texas Tech Univ, No. 80. j Local Coastal Program Staff MCP). 1980. "Aitckgroond Report for Coastal Element: Environmentally Sensitive Habitats." Local Coastal flan Task 3.2.7. City of Huntington Beach, California. Massey, B. W. 1977„ "A Census of the Breeding Population of the Belding's Savannah Sparrow` in Califoniia, 1977." Nongame WIldl. Invest. Jots 1.1. . Californiati Department of 'Fish and Came, Sacramento, California. 15 pp. , �t Munz, P. A. 1974.r Flora of &juthern CAIIforOia. Univemity of California Press, . Berkeley, California. IOSG pp. h1unz, P. A., and D. D. Keck. 1959. A California Flora. .lniversity of Calif crnin Pres,_11��•keley, California. 1681 pp, Purer, E. 1942. "Plant' Eco!off of the Coastal Salt Marc-Manas of San Diego ` County." Ego). Monogr. 12:82-111. Smith, J. P., Jr., R. J. Cole and J. 4. Sawyer, Jr. 190U. LwenioN A. of bare and Endangered Vascular Plants of California. Specini Puhl. No, 1 2nd Edition), California Native Flint Society.116 pp. + Supplements. Zedler, J. B. 1984, 'lie Ecolov of Southern California Coastal Salt Marshes: A Community Profile. U.S. 711s i ana IvIldli- (.I—r" ry Pe, Vic`RT" r'v:c s ` Program, Washington, D.C. FWSIOBS-81-54. 11.0 pp. 4 r` 10 1 , 1 APPHNOM 1, 1/ , ~....,� l r i�r •., '1 r TABI;Ei X '. .:: FAUNAL COMPENDIUM 21 r! SA50NAL'STATUS'(9irds Only)[b] _.ST R resident or rfoua id in vletnity year round '7 �• S - present in summer only W -winter visitor ; STATUS , Non-nAtive s, r.. + Observed during; the present survey 't • � 1v „rl 7�tii I. species observed or fal ivist indudes p expected to occur on or in the �mm��diate vicinity of tit+ 4a:P. , (b) Only. breeding and overwIntering birds are listed. ' irligranC:� And Okgrants .ar e not1neludoid. r , .. r REPTIL ES , IGXlr1NTi?AE - IGUANAS Belo us`ocet&ntau& western'fence.lizard Uta•stansburlane side lotched lizard ANGUIDAH - ALLIGATOR LIZARDS Cerrhonotus multiearinatus I . southern alligator Uza d COLUBRIDAE - COLUBRID SNAKES pituoohis- m� elanoleucus g pn r snake Lampcopeltis 'e�,talus 1 common kingsnake BIRDS ACCIPITRIDAE- HAWKS . Elanus eaerWeus K b nl ck 2houldered icitz Circus cYn_ neus 4Y northern harrier Buteo ia'aleensls R red-tailedhawk FALCONIDAE - FALCONS Falco serve R American kestrel . 1 C ITA RADRUDAE - PLOVERS Pluvialls souataroln IV black--beWed plover Msradrius se;ni ,a P lmatus W sem g�rng id pTover Cher adrIas vriferus xu... Mdeer • 13 '• t , RECURVIROSTRIDAE - STILTS AI D AVOCETS llimantopus mexicanus -R .....�.black;-necked stilt Recurv603trs d , ,` merieana . R American avocet SCOLOPACIDAE SANDPIPERS TringLa melanoleuca W greater yellowlegs Cato tro .horus semipalmatus ib willet Actitis maculaiia lY spotted sandpiper Mum6nlUs phae2pus W whimbrel Numenius a' Mericanus SY long-bled curlew Mmosa fedoa W marbled gr,,dwit r Arenaria, inter res H' #; ruddy turnstone 'Arenarls mclenoceohala W ! ►tack turns ant Calidris albs SY sanderlTng Calidrb mauri 1+1r western sandpiper Calldris•minutil.a W > Iee st FAindp gcr Calms PP W dunUn i Limnbdroinus iscus W short`-bM ow14'eher LfOinodromus sCOIC acr'us 1Y long-billed dowitcher 7.ARIDAE - 3AEGERS, GULLS AND TERNS I I,a= phIladewhia 1Y Bonaparte's gull L_srus heermanni It '" Heermarin% gull (Contjnued� • LARIAAE - J A G^ R , GUL AND',TERNS Larui-'delawarensIs It ,,r•, : . ' . ring-billed gull Larus cgli ''nlCus R `. Ce1li15rnlfl Larus'oecidentalls R western gull CO,LU�%'IBIDAE - PIGEONS AND DOVES Zenaida macroura, R mourning dove TYRANNIDAE - TYRANT FLYCATCHERS Sa ornm s_a__ya tY S ay s phoebe ALAUDIDAE - LARKS Ere m o hila al�pestr is 1V hornedRik -^ ._ IItRUNDINIDAE - SWALLOWS Tachyalneta bicolor W tree swa ow Stet ides ter. serri ennLs S , northern rough-winged swallow liirundo rr"h6not& S cliff swallow Fiirundo rustica S ..b Sew _ . CORVIDAE - JAYS AND CROWS Co-w ws brach rh ny clips R American crow Corvus corax 2t common raven . 15 MOTACILLI`DAE - PIPITS Antt us sQ(nol t t a W water pipit _ LANIIDAE SHRIKES Lanlus ludovicianuus R loggerhead shrike 4e STURNIDAE STARLINGS Sturnus vul eels R European sterling � OD WARBLERS, TANAGERS BUNTINGS AND BL,iJMBERIZIDAE - WOOD , ACKB[ROS + PassercuIus sandwichensis beldin It eldang s savannah spa.-row Melon ha melvd a R. ; song sparrow Stiff Ila ne lecta :R western--nmeadowlark Eu hAcrus gyanoc halus R Brewer's blackbird FRINGILLIDAE - PINCHES Car odacus mexicanus R house finch MAMMALS - D..r)ELPIIIDAE - OPOSSUMS • Didel his vir inlana Virginia oposst!m SORICIDA,E -- SHREWS , Sorex ornatus ornate shrew _ r w _ M :VESPERTILIONIDAE = EVENING BATS M ots caitforniaus Cillfornie' myotis ; 1teslc&f usco's bgbrown` at >> iasiurus einerus hoary bat Antrozous =;BWdus pallia bat t 'MOM' 0;3SIUAE - FREE-TAILED BA'Ia . _ rastli - Tadarlda ti ensis B zilIan free-tailed bat i LAG01 IORPHA - BARES AND RABBITS Le us 61.1 fornicus black-tailed jack rabbit + S lvile audL.b '. • � �- onii � desert cotton acl SCIURIDAE - SQUIRRELS SperrCo6llus bee'c y a;Jt rniag.round squirrel GEOMYIDAE - POCKET GOPHERS T'nomo�m SS bottAe `. UottWs"p`ocket gooher CRICETiDAE- NEW WORLD-RATS AND MICE Relthrodontomys m alotis western harvest mouse Pe'romneus maniculatus . deer mouse Microtws callfornicus CaR orf rni volo ,. .• ,' . . I / ,` fir'.: sl' ` �� �'i.• ;1 ;'. 'f y URiDAE =`OLD`MTORGd.RA'C3 Al+�D MICE ve Norway tart • Mus usculus'Fow use Ruse, , ' CANIDAE-VOLVES AND FOXES Canis'18trens coyote ti Canis 1amilisrts jomest c aog Uroeyon'einereomenteus gray fox * Vulpes fulva ; ` red fox PRDCYONiDAE - RACCOONS 1 Pro, on lotoc raccoon MUSTELtDAE - 'WEASELS AND SKUNKS Hostels frsnata long-talled weasel S ilo_aleRracI1 spotted skunk Mephiti me -hitis striped skunk L"ELMAE - CATS * Fells domesticus domestic cat tsasi `W" State'CINSP IONko ds. 14M TWO at Lit; intro; Cs Mwi�-'�tl�%�•t11►L �anr MJtt o►•lu• i 1 MCZ or wirtA ca YD _K ry rj01110MA, Cie M/1t'Tf t2•CAI. 1t� ,�{ 1. Proirct Title' ?,one Case '8, 4�15/�Neclatide Declaration 84-33 t of-Hu t 1 t'on Be c Howard 2 eXefsk Ci n a h ' �, +tactr • y :�1 ��r•�t Ad�trrRx: 2000 Maln Street 3b. ctty 11unt ig2kOn Beach ` k- t 4 • ' , ; , r,�unt}.. Orange :�a. z►o 9 26 4 8 -w stow 7 1 .�.... 535 ., 5271 '., Hunt in ton Beach IWAIVT 1113rArlot +. Coatr Orange .., Ctty/Ceiar.riler: c) 41b. kx*e."4r s PILMet No. 174_-'_16048 4c. Section 24 6 A '►a. CYcas Streets: Pacific Coast H�wy/Magnolia 3b. '� `U `t;: Nearest F. State Atw PAll d..later- Santa Ana lithla . stiles: a. s 1 b' pore C. 967s .Ears River rcas PIT Tff'!t a. n:" XMCP Y1.'P!t 6. aRV11UyMfT TM CLDA %N Geexrtl Plaa t3pute 01. PAMIdettist uatti Acres , bi. `lCi' On. :OE 02. New Clsarnt 02. 0t:ice: Sq. Pt. o;:. Early Ooas 07. KC 03. Gsaeml Plan Aaendkrnt 03. X Neg Dec 08. ^._. 04. 1Wter Pion 03. Sboyptn8/t' rclal: Sq. It. 04. draft EIR :5. Awoutlon Acres t2:Gto7tea Rs�im:nil ORS. Specllle PIMA 04. Jodustrial: Sq. Pt. AZS. rutsnj%wn% 1:1R IE'r► F SQi :40.: 07. omm".11ty Plan M.Mrs 1=10yeet one Federelorment OS. rater Facilittes: CO MAx Atnaee 06. 7raasporu t l ea: nM Draft Its, fe01 11. EIS 10. Land D1125100 M. VIMAC: Muxr:al Z'Mu t•ia►m. Purr! 10. loci 1:. u Wp. ;r2ct Wp, etc.) Cd. Pixer: Tip• •sets 1!i+v 11. us* Petcit Do. Visit Tteetrrst: Z , W 13. .fart Gactzmt L:. tta:at Mpwt PILO t0. Q3 Antated LQ Mu. Final Docwtat L3. cal As Pt•eur" it. X,�mer. Dulling of it well It. 'MAL AMM. 11. WML JM CRYAIM 12. YUWL= 1M17E5 D13COMM IA 0000N t 15. Septic 5ystnm :31 latert 9kalit7 01. _ Aesthetie/•lfsu+al M _4lJoodtr4CjVM10aCe 16. _Sever Cap.elty 2:. Water 9uppl 02. Agru:u.tural lxd 173. C'miaric/utetalc 17 Soelal X xetlAwfnrae:ia 03. Air Rtality 10. Jobs/liaustn; ltslance 18. Sall Erodirm 26. 2L_><tldti;r 04. AMINA40109LCA11ltiatorla: 11. Minerals if). Solid rsxte Grc•�rth JrAucle� a:. X Coastal :cme 12. x ft%" 20. �roxle/Fta:Ar*MA -S. �„leaorap.41ble L►Wuwe 04,. E4-00 tC 13. PAblt: Services 21. 'rraf21cV%relastIon 29. CUWlattw E:::ects 07. rim. Mt=rd 14. Schools :2. VecWtatloa 30. 01 m 7tmrm rsrprosi Federal s WA State S � „„• Tntat 3 Vacant/L.U.D. Limit•-d Use DatJ ict To permit a change of zone Ercltm 1.UD (Limited Use District) to L.U.D.-01 (i.imited. Use District - t.-Zrbined with Oil Production) w1h* h would al.t; w .or the drilling of oil wells on 1 acre of land Ll S- IVIM CtearloWRaim v%.11 UAiM 16t'Dt1t�cAXI su�►brrw for 4l .;Kct �f 1 Val :a.or+:I 41rnav #RatitA for a ;to""t f.1, '""' t" a flotlot 10 PMPLt%%1Gd ar Prt+► drAfl dm rwa Piety fill It in. xnrr t rTtr u� WY SS Rtisoii r roes 1Agehi y X...... cdltrahs "Iratrict. + Boailii�terwiys Dept. of Transportatiot 4hg Conservation Aeronautics x Fish'and Game: CA High► Patrol . Forestry _.._, Housing Cocuunity Dev It Colorado River Board Statewide health Plnq I Dept. Water Resources Health .,_ _.. Reclamation Food & Agriculture Parks and Rec ..� Public Utilities 'Cona ._..__ Office of Historic Preservation Folic World Native American Heritage Comn _ Carrectiona S,F. Bay Cons. & Dev't. Cotrm �,,..; General Services Coastal Coma GLA _,....., Energy Come r Santa Monica Htns WWI t State Lands Cow MPA--MMPA „ Air ,Resources board CPR -- OMA .�., Solid Waste Mgmt Board _._.., OPR - Coasta l fK : Sacco Bateau of Land,Management MQM: Region # .. . Forest Service Water Rights x Other: Department of oil d Gas Water Quality Other ;FCIR 9�9 t7SE C�I� li3te Received at Ski Catalog Nwber Date Review Starts Applicant Gate to Ageicies Consultant Date to Sal Contact Fhone .. .�:.. � 1earan re Date �.;. dress ...,..� . STATE Cif CAIIfoRNU- OFFICE Of ME ormit W..7. DGUMIJIAN, C"VempW OFFICE OF PLANNING AND RESEARCH T�pO TENTH STIEET- .. rg)!SACRAMENTO. CA F3alA December 13, 1984 Howard Zelefsky. City of Huntington Beach 2000 (lain Street Huntington Beach, CA. 92648 Subject: Zone Case 84-15/ Hegative Declaration 84-33 , SCH #84111401 Dear lir. Zelefsl:y: The State deariingbo ise submitted the lbove ro ed proposed 1lgative Declaration to select state. agencya for review. The review period. is closed and the C meats of the inciv3dual agency(ies) L is(are) attached. If you would like to discuss the concern and x tiorLs in their comments, please contact the staff fray the appropriate agency(ies) . I YOU ray, foti Gill .respond to the camentin :a en (ies) by writing to them, in Y x. 5; 9 . � cludina the State Clearinghouse number on all such correspondence. You s2rAdd attempt to resolve any concerns of the state agencies before taking further ac— tion on the projecrt. Once you lave 'responded to the ccazient~s, ntate review of your draft envirorsmental doc> .en.t will be ccmplete, If the project requires discretionary approval fran any state agency, the Notice of Detenzination must be fi.lea with the Secretary for P.escarces as well as with the County Clerk. Please contact Mask Roehme at (916) 445-0613 if you have any questions about the ,=virorent a1 review process. S i,ncere~ly, John B. Otz ,--;i Chief Deputy Ditectur EAR cc: Resources Agency ���ppt`A��� Attachwent vE Po CF► UMW% tiLitr of 01tiornm. Gt•oigt%DA-Uniepan, Governor 'C ' alifor6a Cciastal Cunu�irsston 631 iioward Stteet,.41h Hoot rranc4sc6 CaliforNa '194105 December 50, 1984 . . mr., Mark Boehme;.. State Clearinghouse 1400 Tenth Street,, Room 121 Sacramento, California Subject: SCft ' 6 11x�01, Zone Case 84-I5/�egetive peciaration .84-33 ' City of Huntington Beach Dear Mr. Boehm'e. 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 s .initial assessment. that the project will not result in substan'Lial alteratiott of land use and natural resources. 7. The site is in an area identified as' wetlands, coastal salt marsh with high use 2 by wctiand-associated birds ' (See Department of Fish and Game7'Determinatton of the Status of the Huntington Beach Wetlands , rebruary, 4, 1403, and Co. ission findih6s dated 10/6/81 and 11/171'82). This project may result in' filling of wetlands with loss of habitat and adverse impacts to adjscerst habit6ts. The envi.ronmbntal evaluation by the City should reflect the fact that the Department of Fish and Game in, the above-referenced document completed the degraded wetland report as provided by Section 30411 . of" the Coastal Act, finding that major restoration efforts would not ' hc required tn ,restore and enhance wetland values in this area. This report. should be considered in 'preparation of any environmental evaluation of the proposed projet-t., the site is wetlands end i Because n an area subject to Coastal Ccremission jurisdiction, ,the environmental documentation should Evaluate the eroject's consistency with provisions of the California Coastal hot. Attention should 4 also be given to the Coarr,ission's findings on the proposed land Use plan for the City of Huntington Beach. 1n oreparing an environmental cvaluation on the impacts of the proposed project, 5 particular attention should be .focused on impacts on (and policies governing) environmentally sensitive habiVit areas (particularly wetlands and endangered species habitats). Suction 30233 of the .Coastal Act discusses wet.l6nd protection, including enumeration of the limited allowable uses in %etlands, e and the cfrcumstances under whfch such uses may occur. As indicated in the a r nrL , LO .. (�y Section, the project must be a er7ni ttr:a use and there ir►ust be no feasible, less �,--►� envirotim ntal ,y ,daig6§16g alternative and fea.'si[ti1e mitiyaLion treasures must t;e pravid��d to m`riimii adverse a vironuierit Afi'ect Alternatives cxamineci should . : of l r�-at -a-'m'nimum, off-site direftion•nl. dri �l ing which would avoid fill inn - f, ye. ,0 `�dS. : Pi1tiaation. measure's evaluated' should consider at a minimum cneasUres to restore wetland, resources; conL`rol:. of runaf ; control of noise; 6b• provision of .buffers to protect adjacent habitats; and protection anainst p6ssible .spillage of crude oil , gss , petroleum.products or hazardous materials. ro r, the, •, vir tat documentation id evaluate whether this rbi ect rthe en anmen n 'should • %gould r e udice c • R � � planning for^ the entire Wetland area which was denied certifi- cation in,,,the City's LCP. Land Use Plan. Section 30604 of the Coastal Act provides .thit prior to certification of the Local Coastal Program, a project. should not prejudice the ebility of the local government to prepare a local coastal plan that is in conformity with provisions of the Coastal Act. As `3 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. Thank 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 questions or need copies of any of the above cited documents or .Co' mission actions. Sincerely, Deputy Director for Land Use JWB/r.F/lgu cc: Howard Zelefsky, City ,;,f Huntington. Beach teen ,Fellows, DWR To.-n Crandall , South Coast Me- morand : m pope= December 5 1984 = 1 . Projects 'Coardi.nator }S R-sources, Agency 2 . City of Beachi r�r`' A.. of 20QOrMa3r.tStrestivelopment Services D£.r•.�ry�;1/,�s , � g a ch r CA s z 6 4 F3atp Rontin ton Be . From = Department if Fash rind Game Zone Change 84-15/Negative Declaration 84 33 , grange County SLH 8411140/ We have reviewed the Initial Study of Environmental Impacts: for proposed zone Change 84-15/Negative Declaration 84-33 , a proposal to, drill oil wells in an area near Pacific Coast Highway and AveandM ue in Huntington Beach . The use of a negative declaration for this zone change is 1 naccepatable. Mitigation measures proposed in the Biological Resources Assessment are insufficiAnt to offset the loss of more than an acre of coastal wetland. he proposed 'project would ' be located within wetlands identifi d by the Department of Fish an( Game in its report to the California Coasr.al. Commission entitled "Department of .Fish and Game Determination of the Status of the ftuntingtQn Beach Wetlands" . Additionally, the proposedf 'proj ect .i • 2 located within wetlands known to provide habitat for the endangered Beldi,ng•s savannah sparrow.-- For thesle reasons a negative declaration is clearly inappropriate pursuant. 'to the i reguirerrents of the Califoraia Environmental Quality Act , and an FIR must : be •prepared prior to approval of.` the requested zone change.,/However, the Department recommends that the zone change request simply be denied by the City of: H'unt.ingtoin Beach in lieu of preparation of an EIR for the requested zone change and proposed project since the proposed use of the wetlands entails ,significant adverse impacts upon wetlands and upon in endangered species , . and since the impacts seemingly cannot be reduced to lovels Of insignificance as is required by CEQA. Thank you for the opportunity to review and comment on this project . If you have any questions , please contact Fred A. Worth ley Jr. , Regional Manager of Region S . at 245 W. Broadway , '! Suite 350, Long Beach , CA 90802 ; telephone number (21.3 ) 590-5113 . J j4ack Parnell Director t �r RESPONSE 70 COMMENTS + . n • i r RESP&SE TO COMMENTS h - CALIFORNIA COASTAL COMMISSION: 1 . Staff agrees that issue number five on„ tbe,1nitial assessment should be changed to'. a 'yes" response, The project will result in a substantial alteration of energy/utilities ,Af approved . The project will expand the potential Eor the recovery of energy resources . 2 . discussion of pof wetlands . r�dman Associates 'for See Biology Re ort . re ared b, Michael Bra filling 3 . The Biological, Resource Assessment prepared . by Michael Bran'dman ; 1�ssociates user3 :numerous reports prQparr�d by the Depajrtment of, Fish and Game as reference . for, their analysis . See appendix of that: document for more eleeailed! information`. 4 . Article 7 - ( Industrial Development ) : Section 30260 of the Coastal Act states: " coastal-dependent':Jndustrfal facilities shall , be encoura,jed to locate .-or expand within."existing sites An'd shall -be permitted reasonable long-team growth where consistent with t..i.. division. ' r 5 . Scct.on 30233 of hhe C` ;.;. oastal Ac.t specifically stater that wetlands festuariesrandelakps eh ;opencoastal wat:era, - 0 all -be ermittod in accordance iw�ith the applicable provisions of ; t Le divisiono. where there' ' i.s` no feasible less environmentally "dariaging 'alternative, a nd where feasible mitigatien .;hteasures ,have been provided to minimize adverse environmental effects , . The biological assessment discussed mi tigatiors measures which would be applied to this project at the use permit stage. 6. The , applicant does not have legal access to -alternative locations which- would , provide. him an opportunity ta ,eixtract: . gaso , / it from the earth Further , the coastal commission has indicated t� the 'applican,t that off-shore drilling woula. not be permitted for 'the recovery of the energy resource . It should also be .noted that the shallowness of the well dictates drilling directly 'on , site . See Ftuntin ton Heacb Oil Code and 'Oil. , Spill Contingency P . 6b . ' S tan (Development Servii'M 1981 ) for mitigation measures for these concerns . I 'l . 'Artl'cle 7 (Industrial. Development) of ; the Coastal Act discusses the competibility ' of oil oPerations with Wetlands . A ' copy of this code section Is attached to the report . RESPONSE TO DEPARTMENT OP FISH 4 GAME: 1 . The applicant has ildandteoacres Staff wetlandkas�mlkibation • ,.\ ling ko . restore between 2 f q for this project . f 2 . Q ote; from comment Aaditional.ly• the 'proposedproject is located within wetlands known to provide habitat for the endangered . Beldingrs Savannah Sparrow. For_ these .'reasons , a negative declaration is clearl g y inaFpropriate ,pursuant to the - ; j requirements of the California Environmental Quality Act, and an• EIR must .be Prepared prior to approval of the :xequeste'd zone change. ' f the California Environmental Qua Section 21QEs0 . 1 0 lity: •Act states : , "The. Lead Age for deterf Hu tington Beach ) shall have ' the responsibility lily r de' of Hung whether an Environ- ment`al Impact .-Report or a .Negative Declaration :shall be required for any.,project ; subject to ' the .•provisions ,of, this division. such , d' eEirmin-iti'dK shall. big. final and conclusive. of all persona, nc u i es nee e7 genes, unless challenged as provided in Section The State EIR Guidelinert further states in Section ; 15070 : A jroposed�N�gative Declaration shall be prepared for a ! pro ect subject to CEQA when either : , (b ) 1 Revisions in the project plans or proposals made by or Y pP Declaration is releasedafor�publictrevipw' wouLdNa oidvt greed to the a 1 q P '' Y: the ,. effects or mitigat,� the effects to a paint where clearly no significant effects would occur . Hz:kla ( 2226d ) f 7�i.iS�TP.:r�vV�.:j;::Y�i' . H.lr..r...w!,.wt+.wti+.—..-rl`w.+wwr:IWtiw..�.iw`a�,►ww.vr.r+^+.,r..r� . ,.w. ..-- «� w+.w-v.w..rnr«..:,.:,.....-w.+� • tr^,�,P f t�i � �� EUGENE R. BOTTOMS 6531 Sutton SC. Westminster, CA, 92683 . " (714)897-4813 March 28, 1984 City of Huntington Beach Department ol' Development Services P. 0. Bux '190 r Hiint ington Bea,.h, CA 92648 Attention: Howard Zelefsky SUBJECT: Subsidence in Huntington Beach Dear Howard, Past history of subsidence in the. Los Angeles `Basin as related to oil production has been shown to be coiitroll'able by contemporaneous ►' fluid injection into the same ^'f6inatiot, being 'voided by production. -This fluid balance method of control his progressed to the point .where ' Local 'Governmental Authorities will permit fluid withdrlwal without ' hesitation on this point. Production is continuing from urdernk;:ath some of tilt most expensive• skyscraper real estate in the .arvs, Along Wilshire Boulevard, . Beverly Drive and Pico Boulevard, as well .au from. many other downtown areas: The production from the San Pedro Flarbcr area , which initially caused subsidence, .has been stabilized by water injection, to the extent that, in some tanks, slight rebound has been observed. Hunr'ington Beach subsidence, trough quite minor, in comparison even after withdrawal of over 2,000,000,000 bbls. � of flutd ,' has been controlled in, the same manner. At pr,csent, the California D.O.G. gees no Immediate subai.dence problems, so long as fluid balance is maintained . ,, The subject area (ar::und the Southern California Edifiohi, ,ilunt.ington Reach plant') is far removed Troia the area of maxinum withdrawal', .and, in no way, ' will there ' b'e more than 1/10 of 1% of- this amount.:of fluid ever be -drawn from the subject Area. The follaiiing passages are from a recent` D.n.G. Report on Runtiogton Bea:h Subsidence. , , . ,/2 1 "A skudv� ei recent and his elevati,)n changes in the Huntington r Baach field to detect possible 'subsidence unR,, 66de and the findings of this PP y y'ab6cirved ounted to. a =�xinum of, a ' roximate stud are as f.,. r .W 1 ace activity was 3 � rnet� . y � r l.lowa : (1) subsidence (2) khe �ttaxfmum . current r 4 from 1933 to 1972 and aci Otte -of subside'nce,,'.was found to be about..', lb inches per year; ` M there-As no indication that subsidence has ''renulted in the land 's being inundated by the sea Chun far, but monitoring in this area will be continued. Water-floodin o for secondary g operations p oil racavery in the field were begun in ' 195.a by Signal Oil and `Gals Company, but -no fc.itiificant velume of 'waker was , in jected until ` '1955, The total vol.unc of fluid injected as of December 31, 1973, amourted to 812 million barrels. For comparison purposes, the volume of : fluid extracted ' frosa' the field as of December 31 , 1973, totaled 1.93 'billtan barrels (cumulative oil and waterproduction), or about, two-and-one-half. times rare than has been injected. It is notevorthy that a . benchmark in the field near Golden , West 5.xect and Pacific is Coast Highway •showed .,an average subsidence "rate of 0. 15 foot per year, frotm 1955 to 1968 but. decreased to 0.05 Boot per year from 1968 to `1972. indicating some effect on the subsidence rate from repressuring operations;. " s! Shoeld you have Any questions, please contact ne At your convenience. Yours vcry truly, . r G Eugene R. lotto +s, EUOE101E PAY BOTTOMS Geologist CID UJ ERB/Pmb Reg. No. 1764 ., sp OF C NOi i 1 � f services and basic industries vital to the economic health ` of the region, state, or nation,- public recreation, commercial recreations and visltor-servfng, land uses ',shall not be precluded by other development. Section 30255 . Coastal-dependent developments shall Have T 2 p priority otrc`r i other . developments on or near the shoreline. Except as provided elsewhere in thi •division, coastal -dependent developments shall not be- sited ' in a wetland . When, appropriate, coastal--related developments should 'be accommodated within reasonable proximity to the coastal dependent uses they 'support. (Amended by Ch . 1090 , Stats . 1979 . ) ARTICLE 7 I INDUSTRIAL. 'DEVELOPMENT, Sect ion 30260 . E Coastal-dependent industrial facilities. iihall be encouraged to locate or expand wi thin . existing sites and shall be permitted reasonable long--terms. grow0i. where consistent with this division. However, where new` or expa.noed coas tal-dependent industrial f ac i l is t i es cannot feasibly be accommodated consistent with othei -r policies `of this division, they may nonetheless be permitted in accordance with this section and Sections 30261. and 30262 if , t' ( 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 . section 30261 . i (a) 'MuIt.icomisany use of enisting =end ncaw t�inkcr faci 3 itie5 shall be enccuraged to the maximum extent .� feasible and legally. permissible , except where to do so, would result in Increased tanker 'operations and associated onshore development vincompatible with the ' land use and environmental goals for the area . New tanker terminals 't t outside -of existing terminal areas-Sha1.1 , be . it:uaty , an to 'f avoid , risk to environmentally sensit`i've area and-.shall , ir,•; a monobboy system, unless an alternative type. of. ,syst:er.^. ' call be shown to be enviro'nMentally preferable - far a specific site Tanker. facilities shall be designed to (1 ) mininize . the - total volume of `oil spilled , ( 2) minimize the risk 'of collision from movement of ather vessels, ( 3 ) have,-rezidy access to the,,most effective feasible . conta in,nent. and recovery equipment for oilspills , and ( 4 ) have onshore deballasting facilities to receive any fouled billast water from tankers where operationally or legally required $ F ( b ) Because ' of the unique problems involved in the s importation, transportation, and handli.nq ,ot 1 iqucficd natural gas, the lo'ration of terminal Facilities there' fore shall be determined solely and :exclusively as provided in s. Chapter 10 ( commencing with Section 5550 ) of ,�t;ivisicn 2 'oE ,1 the Public Utilities Code- -,and the provisions of ' this division shall not:. apply unless expressly provided -In such Chapter 10 . r, (Amended by Ch . 855, Stats. 1977 . ) ti-- Section 30262 . Oil anti gas development shall be permit t;E.0 1n acc ordi CLI, with Section 30260 , if the following conditions are met : ,. ( a ) The development is performed safely ar�d' 'con�, iste `��� P y n t j with the geolt.igis conditions of the well site. (1) 'New ,or expanded facilities related 'to 'sucl) Jevelopment are. consolidated, to the maxinivtn extenr: feasLblc• and legally permissible, unless consolidation :will lave adverse environmental consequences and will not significantly reduce the numL�er of producing walls, support facillities , or sites required to produce the r.enarvoir economically and with ninimal environmental Impa�:ts. ( c) Environmentally safe and, feasible subsea . car isl. ads' y de rade, coastal visual c ua completions are used :when :d�rlllin Xatform�• would suUst:antr.all g � ; ! it:.ic:s u'n.la;s:►: -use of such structures will .result in subs t:artt•'iily environmental risks. (d 1 Platforms or i.sItinds' Wil not be si t e'd wheirr a ' ,. .,{, substantial hazard to vessel traffic might rcr��.lt .'�am the `) i . . facility or related operations , determined in , consultation with the United States Coast Guard and the Army Cops of ' Engineers . (e) Such development will not cause , o` contribute to subsidence hazards unless it is determined that adequate- measures will be undertaken to prevent danade from such subsidence. ( f ) With respect to new facilities, all oilfield brines are reinjected into oil-producing zones unless the Division of Oil and Gar of the Department of Conservation determines to do , so . would adversely a£f ect production of the reservoirs and . unless in ject.ion into other subsurface zones will reduce environmental risks . Exceptions to. reinjections will , he granted consistent with the ocean Waters Discharge Plan of the State hater Resources Control Board and where adequate provision is made : for the elimination of petroleuta odors and water quality problems . Where appropriate, monitoring programs to record land surface and near-shore ocean floor moveman s, shall he initiated in locations of new large-scale fluid extraction on land or near shore bee ore operations begin and shall continue until surface conditions have sta!,I t iyed. Costs of :monitoring. and mitigation programs shall he Lorne by liquid and gas extraction operators . Section 30263 . ( a ) New or expander] refineries or petrochemical Eaci,lities not otherwise consistent with the provisions of this division •hall , be peLmi tted 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 aciversc ly arrect t:hc public welfare ; ( 4 ) the facility is not located in a . highly scenic. or seismically hazardous area , on any o( the Channel Islands, or within or contiguous to environmentally sensitive areas; and S ) the facility is sited so as to provide a sufficient buffer area to minimize. adverse impact, on surrounding property . ( b) In addition to meeting all applicable air duality , standards , new or expanded refineries or petrochemical facili't ies shall be permitted in areas deu igna+ted or. air Sectiori 30411 ( a) The Department of Fish and Game anA Lhe Fish and Game Commission are the principal state ' agenc:ies, .x•espvnsi.h,le for the establishment ,and control of , w.ildlife and .,fishery management programs and neither the commission not' ally regional commission shall establish or impose anS, control's with respect thereto that duplicate or exceed reg►ilatory controls established by such ageneies pursuant , to spcc.ii is statutory requirements or authorization. ( b) The Department of Fish and Game, in censultation with the commission and the Department of . 1,11avigation and Ocean Development Boating and Waterways, may study degraded wetlands and identify those which can rr:ost f casibl.y, be restored in conjunction with clevelopment of a I boa ti,1.y facility as provided in subdivision (a) of. Section 30233 , Any such study shall include consideration a[ all ol. the following : ( 1 ) , Whether tare wets:ind is so s!'.A'rrely degraded anti itr, natural processes so subs to n t is i l' y i.rnps i rcud t,haL c L is not � ? Ga" abbe of recovering and maintaining a high. .1eve� ref. '� biological productivity without major Restoration activities . ( 2) Whether a substantial portion of tbo deuradet� wetland, but in no event .less than 75 percc~nt, can be restored and naintainc.;, as a highly productive: wetland in conjunction wI th a boating facilities project . ( 3) Whether restoration oC the wetland' s natural valpies. , including it, biological productiv;, ty and wiIdlifc liabit.at features, can most, feasibly be achieved and maintained in conjunction with a boating facility or whether there are 1 other feasible ways to achieve such valuers. ( r) The Legislature fincia and r: _!claiea that salt watcI: or brackish water aquacultune is r'.I :-L1:stal-dc!penden1; tiro wh i ch should be eneourac3ed to augme. - flood :ri pp'l i e.s. and to further the policies Set Corth in Ci.,.c?ter . A ( coimmcrc,iing w it it Section 825) of Division 1 . - The Gepartree.; t (A Fish ., and ally L iderrti.fy coastal S i ter, it deems ai�l>ropriato ._ for . aquaculture facilities. If the department i orit:iCtc..► si tes , it shell do so by october 1 , 1000 , and :shi11 by thi! same date transmit information identifying :such sites to the , coinmission and the relevant local government, agcitcy . 'rhe con ,istent with the coastalplanning��re�ui requirements 'of this commission, and where appropriate. governments' �'�5 division,, provide fcr, as many coastal sites fdentti' iecJ by rile Department of Fish .and ,Game for such uses as are r consis,te::t., with the policies "of Chapter 3 ( commencing wi h section 30200) of this division . ( mended by Ch. 187 , Stat . 1979 . ) Section 30412. ( a) In addition, to the provisions set forth An Sectio!i J r 1314? . 5- .of 'the Water Cade, the provisions of this sectio'n shal'1 '60ply '. to the commission and the State 'Waiter Resources Control *Board And the California regional dater quality control boards . ( b) The State Water Resources Control Hoard and . the California regional water quality control boards, are the stare agencies with primary cespon5ibilIty i,.yr. Lbe coordination and control of water quality , The State Vlate'r Resources Control Board has primary responsibility for , the /---I administration ' of watch ri-31it;s pursuant to applicable law, l'ex,.. The commission shall assure that propos-'-d development and local v�- local coastal programs shall not frustrate tlse prcv.isions of this section. Neither the commis; Lon nor any regional commission shall , except as provid6d .r, subdivision ( c) , modify", adopt conditiop.s , or take any action in conflict with any - determination by the state Water Resoue.ces Control Board .or any California regional Water quality control board in natters relating to water quality or the administration . of .,water :rights . FXcept as provided in this section , nothing herein; shall be interpreted in 'any way either as prohibiting or litniting the commission , regional commission , local government, nor port governing body from exercising the re ula Cory control:. over development purs%;!tnt to this division in a , mantir%r necessary- to carry 'out t;;e provisions of . this division. ( c) Any development Within ;the coasti-11" . zone or ruts Lele the `coastal zone which prav£det service to tiny ac'e.a ,k'i.:th ire r; the coastal 'zor.e that ; constitutes . a treatment - worX, , shall be reviowed by the 'comml �,slon and . ally permit it i.gsuo.: , if_ any , shag be d-e termina t i've only with respect to the C611.0w i nd .aspects , of such development: .m� i facilities and procedures shall be provided for accidental fspills that do occur. Section 30233 . ' ( a) The diking , E1, llin } , oL dredging of open coastal j waters, wetlands , estuaries , and lakes shall be permitted in ticordance with other applicable. previsions of Lhis division , where there is no feasible less environmentally damagino alternative , and where feasible mitigation measur. cs have been provided to minimize adverce environmental effects , and shall be 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 - dredged , depths in existing navigational cla:innuls , turning f basins, esse.l berthing and mooring areas, and boat ! Launching ramps . r 3 ) in wr_tlarid areas only , r( y , entrance channels for new or expanded boating facilities and in a . dogracied wnt-land , identified by the Department of r ish and Game lr%rr;uant to subdivision ( b) of Section 30411 , for bosAting facilities il , in conjunction with such boating facilities , a substantial portion of the degraded wetland is restored and maintained as a biologi.:ally productive wetland; provided , however, that in no event shall the size of the wet.l eind area used for such boating facility , including berthing spice , turning basins, necessary navignt ion channels, and troy 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 , in streams , estuaries , and lakes , new or expandc.-d boating facilities . ( 5 ) Incidental :puhlic service purports, including but not limited to, burying. cables and pipes or inspection, of . ; piers and maintenance of existing `Intake- and out- fall l ides, ( 6 ) Mineral extraction, incluc3ind ;Lni- Ing ' beaches , except in environmentally sensitive areas . . 107 ? Restoration purposes . 'Y•a ( 8 Nature study , aLjuacu 1 ture , or sirii laic• rot,.uure,., dependent activities . ( b) Dredging and spoils disposal shall be planners and carried out to avoid significant disruption to marine and wildlife habitats and WAUV circulation . Dredge spoils suitable for beach replenishment should be transported for such purposes to appropriate beaches or into suitable longshore current systems . 1c) In addition to tht. 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 coas.ta.l wetlands identified by the Department. of: Fish and Cann , including , but not limited to, the l '3 c:or: tal w►:tlancis identified in its report entitled , "Acquisition Priorities f for the Coastal Wetlands of California" , shall be limited to very minor Occidental public facilities , restorative measures, nature study, commercial fishing facilities in Bodega 1'iay ,, and development in already developed parts of south Seri Diego Bay , if oLherwi,se in accordance w is th this �~►� divisidn. For the purposes of this section , "commercial fishi l faciliti"es in Bodega Bay" means that not less than 80 percent of all boating facilities proposed to tie developed or improved , where such improvement would create additional berths in Bodega Day , shall be designed and used for commercial dishing activities. ( d) Erosion control and flood control f ac i l itic-s constructed on watercourses can ien ede the tnavement of sediment and nutrients which~would otherwise-be caM'Vd try storm runoff into coastal waters . To facilitate the continued delivery of these sediments� to the littoral Zone . wi enever .ea5iblee , the material removed from Ehese tacilities may be 21aced at approexiate pDints on the shoreline in accordance with other ape 1 cable irovi.sions of k►.pis :- x s own, where f eas.ib.l r in tea t ion measures have been pro vs ed�rl to .minimm xe adverse envi rcinmental effects. Aspects that sha.11 : be cons idered before issui.ny Rtadevelopmentpermit for such puposes are t m6CRod of p1"ac ement , time of year of placem-.lnt, arch:' . : ?tivity of • ! u laccment area . ( AiTter'ded by Ch . b73 , St{its . 1978 . ) ( An. e"Mded by Ch . 43, Stots . 1982 . ) r -b -�r S?t :•J whr.,,L 4 74 �4.• !'�' ,t Zv. . Autharued to Publish Advtthsamsnts of all kuuts uxfudu'q pub!% � notices by Decroa of she Supenw Court of Orange County, CiAllorn►a, Numbet ,•6214, dialed 29 Sapttrm"r: 1961. and L A•:4n31. dated 11 June. 1963. p/7 r (V/ STATE OF CALIr ORNIA County of Orange rvwc ftow. ,w...toov to.oad tv on SAM&VO 1/ HR of t PW" elm 10 eta tok~aWIR i n f United I am a Citizen o the e U led States and a resident of 01� the County aforesaid. ! am over the age of eighteen years, and not a party to or Interested In the below entitled matter. I am a principal clerk of he Orange ' Coast DAILY PILOT. with which Is combined the NEWS-PRESS, a newspaper of general circulation, printed Pnd published in the City of Costa Mesa, Count of Orange. State of Catitornia, and that a �� ''' ' ( Y 9public Hearing � ' i Notice of psi L ` 1A ewl�sthrs�r�� C`" .11` of which copy attached hereto is a true and complete t►�sar`-o��ate`:Gtrtc, {r copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, tglanlereltll«r.4a.�aiwc �, �• ` Irvine, the South Coast communities and Laguna Beach Issues of said newspaper for 1 time M.Mted Qlr!►� �., cp.amc Wa71r mk3cto twit the Issue(s) of Iltt? flay 9 198 a uater�ies 198 �!f AN o f s,tiwtNl�t�life 110110011101 �'�tstte�t'�sst�t 1rirMd N; 4r,ar a" 19epod �! I declare under penalty o1perjury. that the t P Y foregoing is true and correct. : . t May 9 Executed on at Costs M a Calif rnia. t u: Signature t� .! 6 y MW GIF PUMMATHM CITY OF HUNTINGTON BEACH 2LX* MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK I 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 21 , 1985 opened the public hearing nn your appeal to the Planning Commission denial of Zone Change i84-15 and Negative Declaration #84-33 and continued it to the November 18, 1985 Council meeting. The Council also directed renotification of the continued hearing. Please Call the Development Services Department if yc%u have any questions -- 536-5271 . ALICIA M. WENTWORTH, CITY CURK 9Y a4tol- .'__ 0 AMK:CB:bt CC: Howard Zelefsky, Dev. Services Dept. CITY OF HUNTINGTON BEACH 20MMAIN STREET CALIFORNIA92648 OFFICE OF THE CITY CLERK I April 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 on your appeal filed relative to Zone Change 85-15 and Negative Declaration No. $4-33. This appeal will be re-published with renotification. Please call the Development Services Department if you have any questions - 536-5271 . Alicia M. Wentworth City Clerk AKW:CB:bt CC: Janes Palin, Development Services Director Gail Hutt-on, City Attarney - ' r iF�4S�Y Tri CITY OF HUNTINGTON , BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLEF",'* November 19, 1985 William Curtis 3ZOO Park Center Drive Suite 1160 Cosa Mesa, CA 92626 The City Council of the City of Huntington Reach at its regular meeting held Monday, 'November 18, 1995 continued action to April 21, 1986 an your appeal filed relative to Zone Change H5-15 and Negative Declaration No. The Council also decided that said appeal be re-published .yi.th renotifi cation. Please call the Developient Services Deoartment if you have any questions -536-5?71 . Alicia H. W.entwnrth City Clerk At•%4:CH:js cc: James Palin, Development Services Director Gail Hutton, City Attorney i Kos 71i',i�Llf?I7) Publish 7/7,3 ., NOTICE OF PU'DLIC :1%A2JNG APPEAL TO PLANNING COMMISSION DEWIAL OF ZONE CHAINGE NO. 84-15 G NEGATIVE DECLARATION NO . 84-33 NOTICE IS -i:A.EE9Y GIVEN that the hunciagton Beach City Ccunci' will hold a public hearing in the Council. Chamber at the Huntington Beach Civic Center , 2000 rain Street, Huntington Beach, CL11fornia , )n the date and at the tine indicated below to receive and consider t::e statements of all persons -rho -wish to be heard relative to the application described below. DATE: Monday, August 4, 1936 TIME: Z :31) P. 114. APPLICATION `iU"ER: Zone Change Flo. 84-15 S 'NegaJve Declaration 'No. 84-33 - Aopeal LCC.UION: on the inland side of Pacific Coast Highway between Magnolia and Newland Streets PEON: Appeal to the Planning Co mission's denial of I,yne Change No. 83-15 and Negative Declaration No. 84-33, this item had ,Ireviously been discussed by the. Council on April 21 , 1986. Zone Cnanve 84-15 is a request to change the zoning on It acre of property from Limited Use Cistric', - Coastal Zone (LUD-CZ) to Limited Use District - Coastal Zone - combined with oil production (LUD-CZ-01 ) for the purpose of drilling oil wells. VjM.oNxL*srT.kL STATOS : Negati-:e Declaration !lo. 84-33 assesses the environmental impact of said zone change. oN FILE: Legal description on the proposed Zone change is on file in the 1.eveiopment Services Office. ALL Lyr_'-v.STE'D PERSOI.S are invited to attend said hearing srd express opinions or submit evidence for or agai.nsc the application as outlined above. ,kLj applications , exhibits, and descriptions of this proposal are oa file with the Office of the City Clerk. 2000 :lain Street, Huntington Beach, 611.ifornia, for inspection by the public. I HUNTINGTON BEACH CITY Ct}!+";1CIL By: Alicia M. Hentuorth City Clerk Phone (114) 536--5405 Ju1y 171' 1986 • Publish 5/9/95. G� NOTICE OF PUBLIC IIFM.IN(; APPEAL TO PLANNIfrG CO,OISSION DENLAL ZONE CPAIJGE N0. 84-15 & NEGATIVE DECLARASION NO. 84-33 NOTICE 1S NEREAY GIVEN ths•. a public hearing will he held by the City Council of the Ci.cy of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, t the hour of 7:30 P.H. , or as soon thereafter as ft!` f a 5& possible on z y the day of ti40 19a, fox the purpose of considering an appeal. of the Planning Commission's denial to ;one Change No. ,84-15 and Negative Declarati,)n No. 84-33. r Zone Change No. 84-1:3 is �� re neat to chap e A p'; { the zoning on ± I (one) acre of property fro= Limited Use District Coastal. Zone (LUD-CZ) to Limited Use District - Coastal zone -- combined with oil production (LID-CZ-01) for the: purpose of drilling oil wtlls. She property is located on the inland side of Pacific Coast Highway between Magnolia ,and Newland Street►i. Negative Declaration No. 84-33 Assesses the environacental effects of said zone change. All interested persons are invited to attend said hearing and exprece their opinions for or against raid appeal to zone Change No. 84-15 and Negative Declaration No. 84-33. Further infiartaation may oe cobtained from the Office of the City Clerk, 2000 'Main Street, Huntington Bench, California 92646 - (714) 536-5227. HUNTINGTON BEACH Dated : Piay °7, 1985 DEVEI (1P?t1Ew•4T SERVICES CITY OF H ni,r &TON BEACH Byt '; Alicia,`M, Wentvorth MAY 0 7 city Gla:rk' P U. '.s. Htintlnpjis Lj.:.:,:��, T AVA CITY OF HUNTINGTO t BEACH 2000 MAIN aTRl6T CALIFORNIA 92548 OFFICE OF THE CITY CLERK I July 2. 1986 i I i 64i lliam Curtis 3200 Park Center ;rive Suite 1160 Costa 'lesa , CA 92626 Dear 4r. Curtis: Attached is a communication from the Develooment Services Department relative to your appeal • Zone Change No. 84-15/hegative Declaration No. 84-33, which had been continued open from the April 21, 1986 City Council meeting. If you have an questions , please contact this depart�ent (536-5405) or J Y the Department of Development Services for ass►stance - (536-5271) . ALICIA Ii. WENTWORTH, CITY CLERK Ry Connie Brockway, Deputy ATI:cb enc. �tw+pt�+or 71�13,�1-i2Yf) bitterwater La roherlies fill Anion Blvd. i 7 Costa Messy CA 92626 Attn: nomAw J: reLita 1. %,ary rrr►nan Friends. of Huntington Wellands 9122 Christina Drive thint ington Bcuich, CA 97646 Donald Troy 5272 Allsione Drive Huntinglon peach, CA . Ruth GnIlnnter State Coastni Conservancy 1330 Broadway, Suite 1100 Oakland, CA 94612 Southern CA Eciison 7333 Balsa Avenue Westminster, CA92683 At!n: M.D. Martin r Orange County Flwd Central P.O. Box 1078 Santa Ann, CA 92702 Daisy Thorpe/William McKenna 3435 W11,hire tllvd. 201h Fir. Los Angeles, CA 9MIC -;Stage of California Public Works Dept. Oil G Gas Division . 1416 91h St. Sacramento, 951114 State 9onrd Of Equalization 1020 IN' Street Sacramento, CA 955814 Calif. Coastal Commission Southcorast Division P.O. 1450 , Lcjq ftach, CA 90001 -1450 Attn: Chris Kroll •