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HomeMy WebLinkAboutZone Change 84-15 - ND 84-3 - William C. Curtis - Site "A" - I -.,4 !♦.. r•, i 't it A;. r i . .. 1'll wit 11,�[-✓-1,?; ; , :;, r+ol,.Sl or p►r,160 of the Suc,64,nr Ctwo 0ls•pe Lovniq. Cohlolnis k6omb4l A4214 osi.e 2b S.ore-tier 1S161 and A-2 403 1 dwea 1 1 JuM• 1K� STATE OF CALIFORNIA County of Orange ►.... ....Y. ...«»� ..b... ' s 'tY am a Ciluen of the Untied Stales; and a resident of the County aforesaid. I am over 110it age of eighteen years, and not a party to or intereSted in the b lrm entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which it combined the NEWS-PRESS a newsgaper of general circulation, !Gomm printed and pubiished in the City of Costa Mesa, County of Orange. Stale of California, and that a Notict of _ PUS Ir HHAR ING r ! of which copy attached herela is a true an.; -Ornpfele i copy, was printed and published in ;he Costr Mesa, Newport Beach. Huntington Seach, Fountain Valley. Irv.ae, thq South Coast communities and Laguna Beach issues of said newspaper for ONE TIME consecutive weeks to wit the issues) of F , August 7 f Ig8_6 t � ;cat .�. . lea 190 I declare, under venalty of perjury, that the foregoing it. true and cor•pect, �1 ti ,Executed on A' >sC 7 6 at Costa Mesa, Cahternia. li • ;; PROOF OF PUBLICATION REQUES FOR CITY COUNOMACTION ' t t Date „�.. ►,np,a t LB. ,1S18 6 Submitted to: Honorable Mayor and City Council Submitted by: Ch&rles W. Thompson , City Ad.min istrator (: ProMredby: Jame: W. Falin, Director , Development Services � Subject: APPEAL OF PLANNING COMMISSIONDENIi,!, Ca ZONEA 6 GE NO. 64 -15 AND NEGATIVF. DECLARATION N0. 84- 33 - W1, L M C'URTIS , APPLICANT Consistent with Council Pulisryl FI ) yee ( ) New Policy or Exception Statement of Issue, Recommendation. Analysis, Fandinq Source. Altmnative Actiorm, Attachments: STATEMENT OF ISSUE : This itam was continued from the City Council meeting of August 4 , 1a86 to allow time for a public notice to be advertised and mailers , 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 he sent back to the Planning Commission for a report prior to action . The item was discussed by the Commission on August , 1966 , 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 ors the inland side of Pacific Coast Highway between Magnolia and Newland Street from Limited ilse District - Coa-4tal zone ( LUD-CZ ) to Limited Use District - Coastal zone, combine(: with oil production ( LUD-CZ--01 ) for the purpose of drilling oil wells . For clarification , this site shall be referred to as location " A' . After reading the concerns addresged in the RCA dated August 4 # 1986, and after discussion with staff , the applicant agreed to ,modify the requested locatl:)n and the requested base district designation. Due to Council action on : a Coastal Element Amendment No . 86-1 on June 2 , 1986 , the general plan land use designation has been changed to Conservation . The consistent zone district of 'Coastal Conservation" would be appropriate for the cite . The tone change request for the location "B' site , which is a one-acre ,site immediately adjacent to Magnolia Street and south of the orange County Flood Controi Channel , is now from Limited Use District--Coastal zone ( LUD-.CZ ) to Coastal Conservation-Coastal Zone-Combined with oil Production ( CC-CZ-01 ) . roe we 0 RECOMMENDATION: Firat listed is the Planning Commission action on the oriyir,al negative dec) arati.on and zone change request . S%-,cond, the action taken regarding the Planning Commission ' s report back to the Council on August 5, 19860 is listed. Finally , the staff recommendation in the third itern in the Recommendation section . Planning Commission action on April 16 ,_ 1985 : ON MOTION BY PORTER AND SECOND BY WINCIIEiL, 14EGATIVE DECLARATION NO. 84-33 WAS DENIED BY THE PLANNING COMMISSION, BY THE FOLLOWING VOTE : AYES: :owe , Winchell , Schumacher , Livenot)od, Pewter , tMi r jahangi r NOES: Erskine ABSENT: Nnne ABSTAIN : None MOTION PASSED ON mOTION BY If INCHELL AND SECOND BY ERSKINE# ZONE CHANGE NO. 84-15 WAS RECOMMENDED FOR DENIAL BY THE PLANNING COMMISSION, SUBJECT TO THE FINDINGS LISTED BELOW, BY THE. FOLLOWING VOTE: AYt:S : Rowe, Winchell , Schumacher , Livenggod, Erskine, Porter , Mirjahangir NOES : Hone ABSENT: None ABSTAIN: hone FINDINGS FOR DENIAL: 1 . The proposed oil operation will not be compatible with the surcnunding uses . 2 . A zone Change at this time may prejudice an ongoing study of assessing an:' planning for the wetlands areas in the Coastal Zone hetween .'teach Boulevard and the Santa Ana River being conducted at the direction of the City Council . 3. A zone Change within an area, identified as a White Eiole by the Coastal Commission , is premature . Planning Commission action on August 5 , 1986 : ON MOTION BY PORTER AND SECOND BY LIVENGOOD, THE PLANNING COHMIs5I0N VOTED TO REPORT BACK THE FOLLOWING CONCERNS TO THE CITY COUNCIL ON NER 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 - AuguL 4 , 1986 -2- ( 5736d) REPORT BACK TO ftNCIL - CONCERNS ft 1 . The site adjacent to Magnolia Street is too close to residential propertie. . 2 . Concern whether the use is legal in a Coastal Zone wetland , 3 . Recommend that the acre oil drilling site be located closer to Li,e Edison Company property but still on the Daisey Thorpe Piccarelli property ( Curtis ) case area ) . Staff recommendation : Staff recommends that the City Council approve Negative Declaration No . 64-33 and zone Change No. 84-15 , Location 'B' , a request to change the zoning from Limited Use District-Coastal Zone jLUD-CZ ) to Coastal Conservation-Coastal Zone-Combined with Oil Production ( CC-CZ-01 ) subject to the following findings : 1 . A change of zone from Limited Use District-Coastal Zone ( LUD-CZ ) to Coastal Conservation-Coastal Zone-Combined with Oil Production ( CC-CZ-01 ) will be compatible with surrounding land uses . The closest residential property is separated b, a d;,stance of over 500 feet and across the Flood Control Channel and Magnolia Street . 2 . The Land Use Element of the General Plan designates the property as Conservation , which is consistent with the zone designation of Coastal Conservation-Coastal Zone-Combined with Oil Production ( CC-CZ-01. ) . Further , the California Coastal Act ( sections 30260 and 30262 ) permits industrial development in the Coastal zone subject to mitigation measures outlined in the negative declaration . 3. Compliance with Title 15 of the Huntington Beach Municipal Code will ensure that the proposed oil operation will not be detrimental 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 the shallowness of the wells . 5 . The proposed site for the oil operation is consistent with the Coastal Act in that the site is located adjacent to an existing street providiiig immediate access to the facility and would cause the least disturbance to the surrounding area ( leas environmentally damaging alternative ) . 6 . The Coastal Element of the Huntington Beach General Plan states that the goal of coastal energy planning is to successfully balance the noeds of regional and local communities , while encouraging the positive impacts of energy developments and !mitigating their adverse affects . RCA - August 4 , 1986 -3- ( 5736d ) 7. Siace the Coasti Conservation District rel':'res a conditional use permit before the Planning Commission to initiate an oil drilling operation, further opparr•ijnity will be available to analyze the specific proposal and condition the project by Incorporating the mitigAtion meanures 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 'A " ) . Thp. report to the Council on August 41 1986 , explained staff ' s concerns regarding the original Location "A" . Oil extraction is a use which inay be Allowed in the Conservation land use designation provide. ) that it is the least environmencally damaging alternative and proper :mitigation measures are incorporated. TLe new location of the proposed drill Site at Magnolia street would eliminate any nerd for an access road cutting through the wetland. Staff believes that Location "H" is the appropriate, least environmentally 0,amaging location . In addition , the base district of Coastal Conservation (CC) will ensure that all requirements for wetland areas are met without qualified '0" zoning having to be applied. The Coastal Conservation District requires that a Conditional Use Permit be approved by the Planning Commission prior to initiating an oil drilling site. This process will ensure that any mitigation measures can be incorporated as conditions of approval . The Department of Fish and 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 . ' Section 30260 of the Coastal Act states, "coastal-dependent industrial facilities shall be encouraged to locate or expand within existing sites and shall be permitted reasonable long-term growth where consistent with this division . . . ' Section 30262 of the Coastal Act states , 'oil and gas development shall be permitted in accordance with Section 30250. . . " ENVIRONMENTAL STATUS : on November 5, 1965, Draft Negative Declaration 84-33 was circulated for a 30-day review in order to solicit comments from responsible State and local agencies . The Negative Declaration included a biological assessment prepared under the direction of the department of Development 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 r,taf f r eaponses have been incorporated into the attached Negative Declaration . FUNDING SOURCE: Not applicable. RCA -- August 4 , 1986 -4- ( 5736d ) 0 ALTERNATIVE ACTION: Deny Zone Change No . 84-15 and Negative Declaration 84-33 . ATTACHMENTS: 1 . Ordinance 2 . Letter From applicant revising zone change request dated August 5, 1986 3. Original RCA dated August 4, 1986, including: Letter of Appeal Letter from Southern California Edison Area Map Minutes of Planning Commission meeting April 16 , 1985 Planning Commission staff report dated April 16, 1985 Negative Declaration 84-33 JWP:JA :kla RCA - August 4 , 1986 ,5- t 57 36d it HUNTINGION BEAU' Wi l 1 i tun curti s DDELOPMCN1 SFRVICb 18456 Le Marsh 041 Northridge, CA AUG 1 1 913�"_• P.O. pug► 1W tlunUnglrn Beach, CA 92644 August 5, 19HO Huntington Beach City Council Attn: Ms. Alicin Wentworth, Cite Clerk 2000 Mein St root Nuntf ngton Beach, CA 92048 ;tayor Mandic and Members of the City Counci 1 t T1iis in my formal request, as William Curt.lp, fom- al applicant for Zone Change for a revisal of drill site locution as submitted in the legal deseripticn dated Aurtust 5 , l9tc6. I agree to the i'lanniny Department `s recaame_ndation to change LUD - CI to CC-CZ-01 for the fu:-pnue of drilling nil wills. Sincer-ely, Wiilian Curtis Au gun de 1986 NOTICE Or PUBLIC VAILIXG APP UL TO P LANNI N G COWIS S ION DOI..IlL �P ZONE CHAM CE $0 84-15 i NE G TIVE DECLARATION NO 64-3 3 NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 !Main Street , Huntington Beach, Cali:ornia , on the date and at the ti--e indicated below to receive and consider that statements of all persons vho wish to be heard relative to the Application described below. DATE: yonday , August 18 , 198h TUM: 7:30 P .M. E4"TIGII: "A"- Inland slsr of i a c1f 1L C04-4L H1A11w.AJ bet.weett 3e6truita and Newland Streets. "B"- ;nland side of Pacific Coast Highway, ilwaediately to the west of !Magnolia Street . SUBJEC'J : Appeal to the ?lanninrg Commission' s denial of Zone Change -' No. 84-15 and Negative Declaration No. 84-33. Zone Change 84-15 Involves two alternative sites. Location "A" is a request to change the zoning on 1+ acre of property from Limited Use District-Coastal ZonJ(LUD-a ) to Limited Use District - Coastal Zone - combined with oil production (IZD-{Z-4J1) for the purpose of drilling oil wells. At the August 4, 1986 meeting, the applicant agreed to revise his zone Change request by changing the location of the oil site to one immediately adjacent toMagnolia Street. Location "B" is a request to change the zoaing on 1+ acre of property from Limited Use District - Coastal Zone (LUD-C'L ) to Coastal Conservation - Coastal Zone combined with oil production (CC--CZ -01) , for the purpose of drilling oil wells. ENVIBOHKENTAL STATUS: Negative Declaration No. 84-33 assesses the environmental impact of said zone change . ON PILE: Legal descriptiona+ for both alternative sites are on file in the Development Services Office. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. All applications, exhibits, and descriptions of this proposal are on file with the Office of the City Clerk, 200D M&in Street, Huntington Beach, California, for inspection by the public. HUNTINCrON BEACH CITY COUNCIL By: Alicia N. Wentworth City Clerk Phoun (714) 536-5405 Dated Ampat B e 1966 ORDINANCE NO. �' �? �-'3 AN ORDINANCE OF THE CITY OF ifurrINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE COVE BY AMENDING SECTION 9061 TO P14OVIDE FOR CHAJIGE OF ZONING FROM LIMITED USE DISTRICT-COASTAL ZONE: TO COASTAL CONSERVATION-COASTAL ZONE--OIL SUFFIX Oil REAL PROPERTY GENERALLY LOCATED INLAND Oe PACIFIC COAST HIGHWAY , IMMEUTAT£i.Y WEST OF MAGNOLIA STREET ANU SOUT11 OF THE: ORA IGE COUNTY FLOOD CONTROL CHANNEL ( ZONE CHANGE HO. 8 a - 1 5 ) WHEREAS, pursuant to state• Planning ant) zoning Law, the Huntington Beach Planning Con- mission and ,'Unt i ngtvn Seach City Council have had separate, public hearings relative to none Cas_ No . 54-15 wherein Moth uodie-.i 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 i Manning Commission and all evidence presented to said City Council , the City Council finds that such zone change is proper , and consistent with the general plan, NOW, THEREFORE:, the City Council of the City of Huntington Beac.•h does ordain as fol lows : SEC'I'IOij 1 . The real property described in Exhibit 'A, ' attact:ed hereto and incorporated by reference herein, generally located inland of Pacific Coast Highway, innediately west of Magnolia Street and south of the Orange County Floor Control Channel , is hereby changed from LUD-CZ , 'Limited Use District-Coastal Zone' to CC-CZ•-01 , 'Coastal Canservation-Coastal Zone-Oil suffix . ' SECTION 2. Section 9061 of the Huntington Beach Ordinance Code, District Map 29 (sectional District Map 24-6-11 ) 1 . is hereby amended to reflect the change contained in this urdinance and on the map attached hereto as Exhibit ' Do and incorporated by reference herein . The Director of Development Services is hereby directed to prepare and file an amennded map. A copy of said F'xhibit ' Il' shall be available for inspection in the office of the City clerk . SECTION 3 . This ordinance shall take effect thirty days after its passage . 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C`-E F" • J 1 In oil R3 I p _ ua+�►r- i R4-26 '' A' I 1 C RI F-Roil - its to L O 1 —._ _D �.. Sri• i'L i ��.nc'.. e_r � R1 � • RA MI-A -O M+ a � cz b 4 f - LUD-O-CZ ; I c"•� �A^� Ire•. ""•�t�r •r . �v I ..,,. .�.Y M2-G rop . , MW-CZ i � 4 M 2-0 • S •,•, Q � •t i o P0.t yr PC 04- � D�/•O`.SFD .S J Tip 776 0. o IA " Av l EW=VU Um Lima UK y C, s• I \ ` f o�, �. 2 O1VE C1/41VO E No. By-/5' REQUEST FOR CITY COUNCIL. CTION pm August 4 ,Y 1985 Submhledto: Honorable Mayor and City Council E.,rbrn1tWby: Charles W. Thompson , City Administrato • pf by: James W. Palin, Director , Development Services, Ito Sub)ect: APPEAL. OF PLANNING COMMISSION DENIAL. OF ZONE CHAN E NO. 84-15 AND NEGATIVE DECLARATION NO. 84-33 Coraistsrt with Council Policy? A Yes i ) New Policy or FxosMlon Statenwwt of Issue. R**mn xW1on, Analysis, Funding Source, Ait~ive Actions, Atamhmmt8: STATEMENT OF ISSUE: Transmitted for your consideration is an appeal of the Planning Commission 's denial of Negative Declaration No . 84-33 and Zone Change No. 84-15, a request to change the zoning on an acre of property from Limited Use District - Coastal none ( LUD-CZ ) to Limited Use District - Coastal Zone , combined with oil production ( LUD-CZ--01 ) for the purpose of drilling oil wells . 'rhA 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 W , that he requested continuance of any action by the City Council on the Zone Change request until the study on the 'White Hole ' areas was complete . The Council acted on this area at their meeting of June 2 , 19861 by adopting Resolution No. 5670-A (Attachment #2 ) . Coastal Element Amendment No. 86-1 designated the subject site as Conservation . RECOMMENDATION: Planning Commission action on April 16, 19R5 : ON MOTION BY PORTER AND SECOND BY WINCHELL, NEGATIVE DECLARATION NO. 84-33 WAS DENIED BY THE PLANNING COMMISSJOti, BY THE FOLLOWING VOTE: AYES : Rowe, Winchell , Schumacher , L.ivengood, Porter, Mirjahangir NOES : Erskine ABSENT: None ABSTAIN: None MOTION PASSED oqoako, POO of 0 ON MOTION BY WINCHELL AND SECOND BY FRSKINE, ZONE CHANGE NO. 64-15 WAS RECOMMENDED FOR DENIAL BY THE PLANNING COMtMISSION, SU3JECT TO THE FINDINGS LISTED BELOW, BY THE FOLLOWING VOTE : AYES: Rowe , Winchell , Schumacher , Livengood, Erskine, Porter , Mirjahangir NOES: None ABSENT: None ABSTAIN: None 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 prejudice an ongoing study of assessing and planning for the wetlands areas in the Coastal Zone between Beach Boulevard and the Santa Ana River being conducted at the direction of the City Council . J . A Zone Change within an area , identified as a White }tole by the Coastal Commission, is premature . The staff recommendation is identical to that of the Planning Commission . ANALYSIS : The zone change request is intended to allow for the drilling of gas/oil wells on an approximate on-! acre site at the inland side of Pacific Coast Highway approximately 403 feat northwest of Magnolia Street (see attached legal description ) adjacent to the Orange County Flood Control Channel . The requested -01 deuignation permits 'the drilling or boring of a new well into the earth for the purpose of injecting water , steam or any otnex substance into the earth . ' However, drilling cannot proceed urtil a use permit is first obtained from the Board of Zoning Adjustments , pursuant to the requirements contained in Article 968 of the Huntington Beach Ordinance Code . The applicant has indicated in his attached statement that there will be a three phase program. The initial drilling will be for the recovery of gas . Phase II will con%ist of off-site drilling of Injection wells in the City of Newport Beach . Phase rII will Involve securing an off-shore oil and gas lease from the State of California in order to slant drill for oil from the subject site . The Planning Commission in their discussion on April, 16 , 1986 indicated that the application for a zone change was premature because of the Study then in progress for the •white hole ' area . RCA - August 4 , 1996 -2- (5736d ) 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 nitigetion measures are incorporated. The location of the proposed drill site in the center of the wetland area would necessitate an access road cutting through the wetland . Scaff believes that a more appropriate , less environmentally damaging location should be sought adjacent to Magnolika Avenue . For these reasons , staff cannot recommend approv•.:1 of the zone change at. this location . Since the "White Hole' area has not yet been certified , the Coastal Commission would have to grant a Coastal Development Permit for such a use anti 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 to covered periodically or permanently with shallow water and include salt water marshes , freshwater marshes , open or closed brackish water marshes , swamps , mudflats and fens. " Becaune of this determination this area of the Coastal Zone was *white holed ' to allow for further studies . Section 30260 -of the Coastal Act states , "coas' al-dependent industrial facilities shall be encouraged to locate, or expand aititin existing sites and shall be permitted reasonable long-term growth where consistent with this division. . . ' Section 30261 further states , 'oil and gas development shall be permitted in accordance with Section 302 60. .. . ' Although the Costal Act clearly anticipated resourct- production as a desired use in the Coastal Zone subject to the mitigation of any adverse environmental impacts , such a use could such more appropriately be located adjacent to Magnolia Avenue, eliminating the need for a new access road cutting through the wetland. The Conservation designation specifically allows: for oil extraction only where it is the least environmentally damaging alternative. ENVIRONMENTAL STATUS; On November 5 , 1985, Draft Negative Declaration 84--33 Was circulated for a 30-day review in order to solicit comments from responsible State and local agencies . The Negative Declaration included a biological assessment prepared under the direction of the Department of Development Services by they consulting firm of Michael Brandman Associates . The staff received comments from the California Coastal Commission and Department of Fish and Game rega. ding the proposed zone change . These comments any: staff responses have been incorporated into the attached Negative Declaration . FUNDING SOURCE: Not applicable. RCA - August 41 1986 -3- ( 5736d ) ALTERNATIVE ACTION: As an alternative action , the City Council may consider continuing Zone Change No . 84--15 and Negative Declaration No. 84--33 to allow !staff time to advertise a qualified ( 40" ) suffix on the one acre property . This designation would enable the City Council to condition the zone change prior to the Board of zoning Adjustments action on a Else Permit . The staff would recommend the followin,.j conditions of. approval : 1 . (a ) Strict compliance with Title 15 of the Huntington Beach Oil Code, specifically relating to sound attenuation, berming, run -off and emergency contingency plans . (b ) Compliance with all stipulations of. the Conservation Zoning District . 2 . Access to the site shall be depicted on a detailed site plan and strictly adhered to . 3 . The oil/gas site shall be inspected as to conformance with Conditions of Approval prior to comnencEmene of each phase of the operation . 4 . A berm should he 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 I-e mitigated by leaving the project site unlighted or by using low intensity or silvered globes . 6 . Prior to issuance of a drilling permit , the applicant shall restore between one and two acres of "wetland' an 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 1.6 , 1985 5. Planning Commission staff tpport dated April 16, 1985 6 . Negative Declaration 84-33 poWP:JA: kla XCA - August 4 , 3.986 -4- (5736d ) ClIty fL. Ix t Irr cop NP? 7j 3 s , o;• ��r, WILLIAM CURTIS 3200 Park Center Dr . Suite 1160 Costa Mesa , CA 92626 April 24 , 1985 Huntington Beach City Council Atth : Ms . Alicin Wentworth , City Clerk 2000 Main Street Huntington Beach , CA 92648 Mayor Bailey and Members of the City Council; We hereby appeal the Planning Commission decision to find Negative Declaration No. 84-33 inadequate and to recommend denial of Zone Case 04- 15 relating to the establishment of an oil off eration site inland of Pacific Coast Highway and North of Magnolia Street. The primary reason expressed by tie Planning Commission in reaching their decision was that a study to determine future uses for this area was underway , and approval of our request would be premature , The Commission did discuss; the option of continuing the requests , pending completion of the study; however, we were not given an opportunity ::o comment on that opportwnity . We unde rs tana 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 1%:ase . If we were given 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 Committee. We also ask that the study move forward as soon as possible to avoid unnecessary delay. Thank you for your consideration of thi!; request. Respectfully Submitted, aotK�/.G •..c.r�*�� WIllias Curtis . 1 RESOLUTION NO. 5670-A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING COASTAL ELEMEt.'T AMENDMENT 140 . 86-?, TO THE GENERAL PLAN WHEREAS , the City Council of the City of Hur.tinaton Beacn desires to, update and refine the General Plan in keeping with chancing community needs and ob) ectIves ; and A publ i c hear in= on _ . al Element htendr..ent t:^ . 86-1 to ,the General Plan was held by the r1anning Commission on April « , 1986, nn,! approve:: fc : : r __ .:zendation. to the C1 .,' Council ; and :'hereafter the City Council , of ter c: vinc nctice as r;escribed by law, held at. 'ea4 t one nutl is hearina to consider Coasts? Elemern: A-.mendment Nc,. 5( - .1 , ind Fit said hear ina be :o:e the- : i ty Coun: i : all nersor.s desir1n- to he heard on sal , amendme:t were heard, ., Council 1 hr: t:Oh , THEFEFOp.E, DE I': RESO' �'F;� b�• . � e " : _�� c � : = City of 'Hun tinctor. beach , that Coastal E1er„ent Amendment Vc. S6-1 consisting cf the following changes : s herebv adopted : Designate the 231 . 5 acre non -certified white hole area for 7 acres of Visitor Serving Comme.dial , 17 acres of Industrial Energy Product ion,:':.onservation , E3 . C- acres of Industrial Ene:o), Production and 1 -4 . 5 acres of Conservation as indicated in Exhi it A, attache:: `;eretn and incorporated t.�%• reference herein . Coastal Element Amendme^t No . _,t -1 will be presented to the California Coastal. Commiss:o~ as t',e Land ;;sc Flan for the uncertified wbi;e hose area . 1 . *+1ftAmkt Ate. . ,. tit • 1 � •� � ' ` � i ++ I • �nth 1 .'• r' � _ - er 40% Alt OV ��. ♦ • �M a �}i ''�, I�i� zp E,i'u' ' ' . . ' - w• .:��`. �t't '� 1��1 t jS � �� � � ' f �'��i',�,�ii - ..k. . ,map v. ,cis, 1,t ; • '1�: = — • _ —----_ — — — — i1;l1��R ;T�'�It1', rimrr I1{ -----��.Vtll 1�!1 { xtisa.i��t EXHIBIT A .cue► NONC�� ;flD1SR1!A{ t:!�R'.�t r!•r;l� 1!nl CrA.S'TAL AREAS ns�rsw�o�r wrc� c�a�w imp. Ear;,'r m i�_ ff11',RVAfI(A PASSED AND hDDPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the _. nd day of n2 1986 . • ' Mayor . ATTEST % APPROVED AS TO FORlS: C }• City Attorney 1 _ FXVIEWED AND APPROVED: INITIATED AND 1%MOVED �~ r 4oryoeve open,,i t} :,crinistra. Directm Sc:of ces 2 . 0 ft Its.. No. 5670-A STAV Of rALIrMLA co" or Cat ) e e CM Cr XWJMTOW Itrr ('% ) I. ALICIA K. WESIVO Z'A, the duly elected . qualified City Clerk of the City of Huntington beach, and ex•officto Cleric of the City Council of said City, do here!jy certify that tht whole number of seers of the City Council of the C;:y of Huntington Beech is seven ; that ;he foragotug 'evolution wis passed *�:.s adopted by the of f irmotive vote of more than a zmjority of all the earsebers of said City Council at a regular seeetino thereof htld ate the end day of a , 19 ZE , by :he f o l l avitta vote : AYES -. Cnur►c i l.en irle� ti,anCi f.c1 i��_s_ ►'�'E'r -r�;,a� ?*ES: Covnc i lern: 1;e► tv, �.a��.l lister AESERI: Councilien: Not Ciry Clerk avW ex•of f ieio Clerk of the City Council of the City of Muntiogtem beach, California 1 SOWOOM C&#fGf7W& FWA41007 COMWAny 7]3] OOLSA d'VENUE WESTN#MST[N CALNORNIA 92042 Tt4tn4tt M D W1RTTiV tTtNNtAOrM! July l l , 1986 The Honorable R. P . Mandic and City Council r City of Huntington Beach P. 0. box 190 Huntington Beach , ::A 92648 SUBJECT : Appeal of Denial of Lone Change No . 84-15 Deer Mayor Msindic I would like to take this opportunity to reiterate the So . California Edison Company ' s position in regards to the proposed zone change to allow oil drilling on a one acre site immediately adjacent to our generating station property on Pacific Coast As you are aware , we have gone on record during; the Planning Commissions ' review of the matter as being opposed to this type of operation and have not changed our pos i t iota . Tht! Huntington Beach Generating Station is located on a geological structure containing "massive sands" which is the most susceptible to oI pumping related subsidance . If oil drilling operations are allowed in the area , and especially under our existing generating station , we can expect subsidance to occur and e:ctensive damage to our generating facilities based on past studies we Have done . The Huntington Beach G-,nvrating Station is an integral part of our overall generating system that serves approximately 1 . 5 million customers throughout our service territorv. To remove this station from service would cause extreme financial hardship for all of our ratepayers . We would sincerely appreciate the City Councils ' support in denying the request of appeal for zone change No. 84- 15 . D E C E E Jul 14 06 o� • The Honorable R.F. Mandic Page 2 1 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 to hvie a representative from the So , California Edison Company appear in person at the public hearing , please let me know prior to July 28 , 1986 , and 1 Will make the appropriate arrangements . Should you wish further information , or if you would like to discuss this matter 'in further detail , please cell me . Sincerely , NUM, k am CC : City Council Members City Administrator - Charles Thompson Director of Development ServiceF - James Falin AN A6.J ,ter! q J � � ,�� � �r-•+....�`„�"�—^- -"--,-•--•-•—__ .�,,,�'`'� Al 1 � �t ' Nit Al CF•f k -� Rt •.�, 0 . � �t ��. �. AI Al »� 'At � i of CF-E it Off C F-R 1 I p+~ Oki mm •ur.� • i y J ' � pit oil \�LVIOILI�t'fQ/Nk UONAI r ♦♦ ��! f t t ! 11f �r N1 # t r �\� �, o ta►XT'�'T \\ �•,`�,�\ i�'� � I JII ', ' ������� ��.— is� ` IN �,� j�� Lug Lt�'►q UK Oir ILA 4 ,•;. At cy, f - mid 1 Ar • .AAV j t Ob • I/ � ,� �'•� '• � fir/ • • f ✓ 1 / - •� �k � a r lk t .• { .1',• n s $ • 6 . No commercial lights shall he pe-�}�I't�:W00-t; 7. . The f'� comply with Article 24 of the ;Uniform Fire C-4 ZONE CHANGE NO. 84- , a/NEG;ATIVE DECLARAT1OU NO. 64-32 A licant : William C. Curtis Eone Case *6 . 84-15 is a cequost to change the zonin;'Obf a 1 acre site front LUD ( Limited Use Air;trict ) to LUD-01 ( Limited 'Use District-combined with oil production ) . The subject site has h en designated as a 'wetland" by the Department of Fish -t!id Game and is in the original permit jurisdiction therefore subject to the permit authority of the California Coastal Commission . if an 001 ' designation is approved for the site , the applicant will be required to obtain r use permit from the Board of Zoning Adjustments and a Coastal Development Permit prior to drilling . in addition , the zono change will be subject to the review of the Coastal Commission prior to use permit review. t 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 partf.,jular action, since it: tias not, been acted upon by the Coastal. Commission , they have chosen not to rorognizv any different zoning than we presently have on the site. which ir. Limited Use District , therefore any chanq(!s the city make, to the existing zoning would not be subject. to coastal Commi pion review. 'rhe Coastal Cvmmiation would review, however , if the applicant does yet the zone chan9Q, he will have to come ba cic with a u:se pf,rmi t which will be subject to Coastal Commission Review . t Commissioner Schumacher asked Staff if this faro-ls•ct was adjacent to the Flood Control Channel . Stiff stated yes. . Commissioner asked staff it they planned to use tho road alorg the channel . Howard Zelefsky of staff stated yes , that they want to stOy as close to the Flood Control Channel so there will be as little disturbance to the wet land as possible . Commissioner Schumacher questioned if they had permission to use the Flood Control Channf? l road. Staff stated that permission had been secured by the applicant . THE RUDLIC HEARING WAS OPENFV John Mandrelle Representative for William Curtis, stated that ):n generally in agreement with staff . He stated that he would like to make a few comments . tie.' stated that mr . Curtis had drilled numerous wells in the state . He stated that he is currently drilling wells in Ventura County. He has assembled a team of experts in preparing ( 2360d ) - 11- P .C. April i6, 1$85 his proposal on this site . Regarding the phasing of this project the first -phase on the one acre site consiatn of gar: and oil production. He is proposing to drill producing wells within the limits of his lease. He stated that they were not proposing the typical production pump unit as accustomed to in Huntington peach . ki++ He stated that if this in approved in the future tie would probably be expected to restore some wetlands to mitigate an4fing 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 Mnrch 13, 1985 in regards of what to do with the `white hole" area . The California! Coastal Conservancy was requested by the city to analyze the area t�3 come up With some plans with this area . They are currently - studying this area . tie 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 Pi0i and Game and they were very much opposed to drilling on this site . They felt that.Jhe mitigation measures done would not offset the loss crested by- this project . lire stated that he is opposed to the Zone Change and requested that it he 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 Cal i fi,. rnia F.dision Company, stated that hc. would like to clarify a few points that. were Owl made in the staff report . Cns, which the Frlis ► on Company is interested in purchasiric; the rill.; that. i ; rucovet ed . lit• statc-d t nit this was not true . Tho E:di non Company ha.n tlec 1 i ned to inter into any type of an agreement. in ruclards to lent drilling under their property . Donald Troy , a friend cif Daisy Thorpe Picarel l i owner of the property , stated that lie is in real estate and has tried to sell this land but unable to dri so hecausc- of its tiding wetlands . Commissioner Hrs: ine asked Mr . Mandrel about his plans for slant drilling in the future . Mr . Mandrell stated that Mr . Curtis wantef' to clarify his thinking into the future for the possibility (if drilling from injection wells into the offshor:�, lease that belong:; to the City of t:ewpor t Beach . fie stated that they r,t i 11 have to negotiate this deal with the city and that is not proposed at all in connection with this application . There were no other persons to speak for or against the proposed project and the public hearing was closed. Mike Adams 4f staff stated that, a representative from, the State Coastal Conservancy was present to answer any questions from the Commission .. ' ( 3360d ) -12- P. C. April 16 , 1945 Chairman Livengoo eked the representative ii•.. .' the %tirr-ing on this project impacts the study . Ruth CAllanter , consultant to t.ht- State Coastal Conservancy who i:; working on the project with the City Council utatcct that t1;P Conaatvancy is in the middle of trying to deal with all the property •� owners and who owns what righth to what land for the purpose of identifyingg land that may be available for selling ne' swapping so that the wl�tlands restoration can be done in rhP moat" ICoductive fashion . Sine the area is a piece of the area they are studying, she was sent to this meeting to see how or what ; t;e Commission was trying to do with this section of the wetlands. She stated that she hoped to identify the land that is available and work out an agreement with various land owners to develop a : -itoration plan . At the stale of developing the restoration plan • ;,,- h *specifics; that Is, where their is water , or where one might or :ght not be able to handle oil. drilling and appropriate herming, th'! California Coastal Conservancy would then be:;t be able to deal with this question . Th,st phase•. in the work is some way off . The Commission discussed which item to vote on first . Corrlr.issi one r Porter felt that the negative declaration should as a matter of procedure ,be acted upon first . Commissioner Porter mot ion(3d to deny Negative Declaration t:n , 84- 33 based on the finding that th(, project i :; in a habitat idj� t ' be *iccupied by endangrrerd sr)ecres and that it should require lards to Environmental Impact Report , Commissioner Erskine stated that Im- was ag,� ir,,t th-,? :one change. but stated that. he was in favor of t.i►r. bacl .lration Yo . 84- 33 because it included a biological assQss►nf%nt pr(-parod under ttl(! ,direction of Developmont Service. by the co;isu 1 t ing f irrr; of Michael Branden and Associato . lie s;tnted that this: wan adequate in place Of an Environmental. Impact Report . lIN yUTIQtI 6Y PORTER F,t:D SEC():�D BY WINCHELL NEGATIVE DECLARATIOU lto. 84-33 WAS DENIED WITH FINDINGS BY TfiE FOLLOWING VOTE : AYES Rowe, Winches if Schumacher , Livengood, Porter , Mirjahangir NOES: Erskine ABSENT: None ABSTAIt7� None Chairman Livengood stated that he could not support Zone Change No, 84-15 at this time with the information supplied tonight . fie stated that maybe .he could have some decision after the study was coMpleted . Commissioner Rowe stated that he felt that there were major reasons for denying approval due try tt)e fact that the whole area ir open for study . M M ( 2360d ) -13- P.C. April I C , 1985 COMmissioner Erski.ne stated that tit, was opponed to this zone changrf. Me stated "that the Commission must act in good faith for the Coastal Conservancy to give them additional time to see if this is an appropriate spot for thin use . Chairman Liven good � q questioned the Commission car whether this should �`�► be denied Rr continued. Mike Adamis of ntaff st:at.ed ,.r.tvlt if the Commission continues this item it will appear ghat LT,.'Af: are leaning towards a means or a method by which you can approve this zone change . If the Commission continuer. this zone change simply for the. sake of the.• study, than I would recompend that the Commission take action . A zone change does not have to wait for any period of time and can core back before the planning Commission any time ON MOTION by WINCHELI. AND -SECOND BY ERSKIIIE ZONE CAS' t10. 04 -15 WAS DENIED WITH FINDINGS BY THE FOLLOWING VOTr : AYES. Rowe, Wincheil , Schumacher ;mach+er , I,ivengood, Erskine, Porter , t1irjahangir NOES : None ABSENT: None ABSTAIN: , • None FINDINGS FOR DENIAL: 1 . The proposed oil operation wi l 1 not be romp.1 t ihle with thor surrounding uses . 2. A Zone Change at t:iii t 1 ,7,r� anal, pro )uriiro. , n urgoirr(a rturfy of assessing and pl ann i ntt for t. he w0 t. larid.,; a r c,an ill the coastal zone between fleach a l vo . .ind t hf, Sant it Ana P i .►car being conducted at the dirrr. t: ior, of tho City Crsur1cil . 3 . A :one Change within an area i dc-nt i f i e,i a.,; a White Hole by the Coastal Commission is premature, C- CONDITIONAL USE PERMIT NO. 85-151, TE;1;7A7'IVF TRACT No. 11881 , ITIONAL EXCEPTION too. 85-161 COASTAL DEVELOPMENT PERMIT NO. 85- h lica Huntington A rind Rac uet Clut,. Tentative Tract No . I and Conditional Une po, mit No, r with Condit }oval Exce ti o . r 85- 1 ; .ilonn P 85-18 and Coa. LaI De`Velopment tv rrMi t No, 85-2 is a request to sub Ic1e a 14 . 66 acre site i(tito 13 lat and develop 42 condominium knits wi 20 additional boat slips . I rder to provide a variation in the buiil o the applicantt is rof line: p is requesting a variance from Section XIVb"* the Huntington Bay and Racquet Club Specific Plan to allow for a baximum building height of 48 feet , 3 feet over the 45 foot maximulr. +h4wproject is within original jurisdiction of the Coastal zorle ��rricr� rp! ires a Coastal Developfnent permit . 12360d ) �14- P. C. April 16, 1985 Onunlftton boach.development strvkes department ff RIEPORIL TO: Planning Commission FROM : Development Services DATE: April 16 , 1985 SUBJECT: ZONE CASE 110. 64-15/NEGATIVE DECI:ARATION .NO. 84-33 APPLICANT: William C. Curtis DATE ACCEPTED: 3200 Park Center Dr , Xprill it 1985 ,Suite 1160 Costa Mesa , CA 92626 MANDATORY PROCES Si NC DATE: June , REQUEST: .Change of Zone from LUD ( Limited Use District ) to ZONE: LUD ( Limited Use LUD-01 ( Limited Use District ) District-combined with oil , production ) GENERAL PLAN: Industrial resource Production ACREAGE: + l Acre EXISTING USE: Vacant: 1 . 0 SUGGESTED ACTION: Adopt Negative Declaration 84-33 and approve Zone Case 11o. 84-15 with the findings outlined in Section 6. 0 of this report . 2 . 0 GENERAL INFURIATION: 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 authorf ty of .the California Coastal Commission , If an 001 ' designation is approved for the site , the applicant will be required to obtain a use permit from the Board of Zoning Adjustment• and a Coastal Development Permit prior to drilling. In Wition , thf zone change will be subject to the review of the Coastal Commission prior to use permit review. 3 . 0 SURROUNDING GENERAL PLANt ZQNINGj LAND USE: SuD e t Property GBNER/IL PLAN DurGYATION: Industrial Resource Production 201und: LUD (Limited Use District ) LAND USE: V AA1=9WT North of Subject PrREerty GENERAL PLAN DESIGNATION: General Industrial ZONING: MIA ( Restricted Manufacturing ) LAND USE: Orang! County Flood ront;,a Channel South of Subject ro erty GENERAL PLAN .DESIGNATION: Industrial Resource Production ZONING: LUD ( Limited Uae District ) LAND USE: vacant ' East of Subs ct -Property GENERAL PLAN' DESIGNATICN: Industrial Resource Production ZONING: LUD ( Limited Use District ) LAND USE: 'Vacant West of Sub2ct Propel 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 biological assessment prepared under the direction of the Department of Development Services by the consulting firm of Michael ©randman 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 ISSUES AND ANALYSIS: The Zone Change request is intended to allow for the drilling of a gas/oil well on about a 1 acre site. The proposed oil operation will take place on the inland side of Pacific Coast Highway approximately 403 feet northwest of Magnolia Street (see attached legal description and Exhibit e) adjacent to the Orange. County Flood Control Channel . The requested 0010 designation permits 'the drilling or boring of a new well into the earth for the - purpose of exploring too, developing or producing all , gas or other hydro- carbon)e , or .for the purpose of injecting water , steam or other any substance into the earth . • However , drilling cannot proceed until an Use Permit- is first obtained from the Board of Zoning staff Nepor t . - 6/16/1S -2- ( 22)3d adjustments, pursuant to the i•a:quirements contained in Article 968 of the Huntington Beach ordinance Code . The applicant has indicated in his attached statement that there will be a thf ee phase program. The initial drilling will be for the recovery of gals to be sold to the Edison Company. Phase two will consist of off-site drilling of injection wells in the City of Newport Beach . Phase three will involve uecuring an off-share 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 Came has designated the subject site as a wetland which is defined as ' land within the Coae:al Zone which may be covered periodically or permanently with 0allow water and include salt water marshes, freshwater marshes , open oc closed brackish water marshes , swamps , mudflats and fenr. . ' Because of this determination this area of the Coastal Zone was •white holed ' to • allow for fdrther studies . The City of Huntington Beach is currently undertaking a special study of the •White Hole* areas in the Coast&l-, Zone to determine future land use designs:ions 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 , '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 proposal as consistent with the intent of the Coastal Act and policies of the City of Huntington Beach . All .mitination measures identified in the Biological Assessment should be incorporated as Conditions of Approval if. a Use Permit for drilling is approved by the Board of Zoning Adjustments. 6. 0 RECOMMENDATION: The staff recommends that the Planning Commission ,ipproye Zone Change 84-15 and Negative Declaration 84-33 and r2comRend adoption to the City Council with the following findings: 1 . The proposed oil operation will be compatible with the surrounding uses because compliance with Title. 15 of the Huntington Beach Municipal Code will insure that the oil/gas operation is not detrimental to the general health , welfare and safety -of the community. • 2. The Land Use Element of the City' s General Plan designates the subject -property as Industrial Resource Production which is consist*nt vith the requested LUD-01 zoning. Further , the California Coastal .act permits industrial development in the ' Coastal Zone (Sect:ons 30260, 30262 ) subject: to mitigation measures outlined in the Negative Declaration. St3if Report. - 4/7.6/85 -3- �2733d ) r 3.' The Coastal Element of the city is General t ska Plan goal of coasta3, inorgy Planning is to sue Ianu fts baa,that the vf t the needs of regional and local communities , chile encourt�gin poaiti it�partr of energy developments and mitigating their the adverse affects Further, the California Coastal. Act states that co"atal--dependent Industrial facilities shttidbe a encouraged to locate or expand within existing sites and shall be Permitted reasonable long term growth , ALTERNATIVE ACTI,.)N: As an alternative action , t-he Planning Commission mA continuing Zune Care No . 84�15 and negative Dec1arattonoNoidgr_ the next xc6Aduled meeting to allow staff tfine to advertise 33 to quallfierl ( �•Q" ) suffix on the 1 acre e a would enabl; - the Planning Commission tooconditionh the is dzoner�case Prior to the ' Board of Zoning Adjustments action on a Use P cage ermit . The staff would recommend the following conditions of ' approval : 1 • Strict-'Icompliance with Title 15 of the Huntington Beac 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 and strictly adhered to. site plan 3. The oil�gas site shall be inspected as to conforms Conditions of Approval prior to commencement of each with the opera'. ion . phase of 4 . A berm 6hould be constructed around the to isolate :It ir. case tidal action shouldrbeerestOCed , order 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 o: a drilling permit , rLastore between l and 2 acres of *wetlands aspdetermi shall Department of Fish and Game . ned by the 7• The applicant shall obtain all required permits from responsible State agencies , ATTACHMENTS: 1 • Area map 2. Section 3026J 3• Letter from applicant dated February 2, 1985 I 4 . Negative Declaration No. 84-33 JWP: HZ:kIa Staff Report - 4/16/85 _4_ (2233d ) ' • J 1 1 1 8iOWGICAL F:RSOVRC&4 /ASS =Mldx? NSaA'1 M D BCLAHATYON WO. 94--33 ' ZONE (:HANGR ltO.JU ST Prepared for: City of Huntington Beach Department of Development Fiervices P.O. 1k)x 190 Huntington Beach, California 92648 Prepared by: Michael Brandiman Amociates, Inc. • 31.40 Red 1iill Avenue, Suite ',".00 Costae Mesa, California 92626 (714) 84I-9042 Contact Perron: Larry D. Munsey • October 1984 INTRO DUCT.10M The blotie composition of the project site Is described In this report from Infarrnatlonmplled through field reconnaissance, supplemented by,Syyndy existing documentation of biologlesi resources within the project vicinity. rie site was i.urveyed on 'foot by the firm of Michael Brandmsn Associates, Ina. (M©A',l on detour 15, 1984. Weather at the time of the survey was mild, with a temperature -af 75*F, clear skies and a light westerly breeze. The physical-nature of the property permitted a complete direct exam;iation of aU terrain within .its confines. Floral and faunal constituents encountered were • recorded In terms of relative abundance and host habitat type, and the overall biotic composition O-f the site ww; 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 IMunz wind Keck 0 959). Floral taxonomy follows the current regional flora of Munz (197.1). Ve-rtebrates identified in the field by sight, calls, tracks, seat or other signs, are cited according to the nomenclature of Collins, et al. (1978) for amphibians and reptiles; AOU (1983) for birds; and Jones, et, hi. (1982) for mammals. Authorities used for determination of sensitive biological resources nre as follows: plants - FWS (1982), CDFC (1984), Smith, et at. (1980) and •.NDD13 (1984); wildlife - FWS (1982), CDFC (1980, 1983) and CNDD13 (1984). Additional studies on rare and endangered species in the project vicinity were consulted in the performance of this assessment and are cited approprintely in the following sections. RFSOURCE 0M.. IUPMCN REGIONAL OVE1tV1 W The one-sere •project site is loentr:d within an area known as the Huntington Deach Wetland (CDFG 1982), 4 predominantly pirkleweed coastal salt marsh located Inland of Pacific Coast Highway (PCII) between the Santa Ara River and Beach Boulevard. The: project site is within a 35.5-mere wetland parcel bounded by the.. Southern 004 California Edison (SCE) power plant on the northwest, Huntington 13each Flood t Control Channel on the Wtheast, Magrwlia Street on the southeast Arid PCH at the &)uthwest. The Huntingtr f Beach Wetland is greatly reduced in size from its original extent (see CDF0 1962 for a detailed discussion), and what remains is highly depoded in nature. The California department of Fish end Game (CDFG 1982) has determine4 tMt, of 130 acres of historic wetland in the Huntington Beach Weiland &Ms 115 acres (76.5 percent) remain as viable or readily restorsble wetland. Tire entire system has baan cut off from tidal flow and several characteristic salt marsh plants dependent upon daily tidal flushing may have disappeared from the liuntingt4n Beach Wetland as a result. 81TE CHARA&EILIZA110H Vegetation The designation "wetland" is defined by CDFG MCP 1980) ns "land which may be covered periodically or permanently with shnllow water..." and by the U.S. Fish and Wildlife Service (1:;VS) (LCP 1980) its "...land where the water table is at, near or above the land surface ling enough to promote tlw-- formation of hydric sons or to support the growth of hydrophytie plants." The Huntington Beach Wetland, including the project site, fits the FWS wetland definition and•eorsists almost entirely of salt marsh habitat with associuted ruderal plants at its fringe. The vegetatiop of the flat, one-acre project site is composed of a single plant community -- coastal salt marsh. Three plant species were recorded: comm%xt pickleweed (Sallecrnia y_r iinlca), alkxll heath (Fra ik� arnndifolia) and xaltgress (f)t1.1tieh,Its Ip c__ets). AU of these are mitive specie.. The site has. become degraded through lack of tidal flushing. The ah,�cnce of tidal exchange has resulted in a depauperate species diversity in a plant community characterized,by dead and dying pickleweed and stdgnunt pools of water. The site has s)" been disturbed by a numtaer of vehicle traits. 2 i Nillltet Most anirnais' Likely to occur onsite are common, widespread and highly adaptable species. WhUe birds were the most eonspicwxw vertebrates onsite d ig the sutvey,, several species of mammals and reptiles can also be expected to occur. U vertebrates -recorded-or expected to occur regularly on the site are listed In Table 1 of the Appendix. Birds are abundant and coi.mpicuous inhabitants of the coastal wetlands. fait marshes,, salt flats and estuaries boast more species and larger concentratiorvi of birds per unit area than perhaps any other ecosystem in temperate North Amrriea. • However, few species actually nest in local salt marshes. Most nesting birds in coastal salt' marshes are small, Inconspicuous landbirds. One such specivi, the ©elding's savannah sparrow (Passerculus sandwichensis belch i), is a Common inhabitant of pickleweed salt marshes, including the Huntington Beach Wetland, and was the only species noted onsite. Several Individuals were observed forbging in the pickleweed. This subspecies of savannnh sparrow has been reduced In numbers, as has the extent of its habitat, and is now considered an endangered species by ofts CDFG. Its status In the Huntington Beach Wetland is discumed more fully in the following section. Other birds (list nest in the salt marsh are the song sparrow 01clospixa me� and western meadowlark (Sturnella ne lecta) its the upper portions and killdeer (Charadrius vociferus) on the salt flats. The most conspicuous mammal in Vie salt marsh is the desert cottontail (Sylvilamss cud uboni). Other mammals presum .d to occur In the vicinity are several nocturnal rodents, such as the western harvest mouse (ftelthrodontomys m alotis), house mouse (Mus .musculu ), norway rat (Rattus norvegicus) and Dotta% pocket gopher (ThomomYs bottae). Predators such as the Virginia opossum (Dide1 is virgin nne), coyote (Canis later, long-tailed weasel Nu stela frc� and stripad skulk (Me hitis me hitis) are also likely to be present. flan 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 coastal vratlands within or near the project area. Tim most likely would be the western fence Lizard (,SceloMus oceidentalls), side-blotched Uzard (Uta stansburians), gopher snake (Pit his melancleucus) and, perhapas the common 3 • kingsnake (L'amvrooeltls rettu us). Arnphlbians are unlikely on the site, as most apoolea are not adapted to a marines or estuarine existence and cannot tolerate a Wine environment. SBN19"711g BIOLOGICAL RESOURCES Discussed within this section are: (1) species present onsite which have bran afforded speoal recognition by federal, state or local resource conservation agencies due principally to deching or limited population sixes resulting in most cash from habitat reduction; and (2) habitat areas onsite which are unique, of relatively limited distribution orparticular value to wildlife. The site was ,examined for the presence of sensitive plant and animal species. No species of plant designated threatened, rare or enclungered by the U.S. Fish and Wilflite Service (FWS), California Department of Fish and Game (CDFO), or California Native Plant Society (CNPS) was disclosed by the survey; however, one bird species of concern occurs within the project site. The statt-endangered Belding's savannah sparrow breeds in the pickleweed marshes between the, Santa Ana River and Orman Voulcvnrd. It has been designated as endangered at the state level as a result of its decreasing population and its dependence upon a diminishing resource, pickleweed salt marsh, for breeding. A census of breeding pairs in the Huntington Beach lVetlands in 1977 (Massey 1977) revealed 34 -territorial pain between Reach Boulevard and Brookhurst Street. Another census of the site in 1983 by Wilcox (liunt 1984) revealed 90 to 92 pairs breeding between Beach Boulevard and Brookliurst 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 increase in numbers of breeding pairs of savannah sparrows estimated from the Huntington Beach Wetland between 1977 and 1983 is surprising. While the increase may be real and significant, the fact that the data 4 have been rtport*d by different investigaton, perhaps using different am using techniques anfd diffamt durations of field effort, ,c*uld exert a profound effect upon � the consist results. Even if the Increase Ix real, no census data for intervening years are available fcr comparlson or for determination of short-term pwdation trendy. ns Other populatio of the Beldingti savannah sparrow occur local! � y in U we Now Hay, in the 8olsa Chia* marshes and In Anaheim pay. Other federal- and state-listed endangered species have been observed utilislnC nearby habitat. These are: o Ca Iifornlm least tern (Sterna antillarum br,owni), which feeds in estuarine • areas and offshore and utilizes a breeding site on Huntington Beach lent then one mile from the project site. o California birown pelican (Pelecanus occidentalis Palifornicus), which fishes In the near shore waters and breeds locally on the Channel Islands. o Light-footed clapper rail (Rnilus longirostris lcv� ipes) which breeds locally In the cordgrass salt marsh in nearby Upper Newport Bay and Anaheim Bay. None of these species currently utilizes the project site. Tidal flashing, if it were restored, might attract the least tern becauie of the small fishes which might then occur in the channels. Only one sensitive coastal wetland plant species, the salt marsh bird's beak (Cordylanthus maritimus), has been found in the vicinity of Huntington Beach. It is listed as endangered by FWS, CDFG and CLAPS. This species Is found in nearby Upper Newport Bay, but has not been recorded from the Huntington Beach Wetland, nor from the nearby Boisa Chien Afarsh. It was once e common plant of the upper salt marsh zone (Purer 1942), but its range has been greatly reduced Currently, populations -are known from Tijuana Estuary, Upper Newport Bay entl Mugu Lagoon (7,"er 1582), This facultative parasite apparently requires Inundation with cool freshwater Mowing- heavy rains in order to germinate. Stream channeftation for flocrj control has diverted storm waters away from salt marshes that were once 01%subject to periodic freshwater flooding. 5 00W foal ran and rtWlan`ered plants ato found an eUastal bluffs in the region but tlm an outside the uea of conearn addressed in this report. An environmentally sensitive habitat is defined by the Callromia Cosstal Act as an acre in which giant' ar animal life or their habitats are either rat* or sepwially valuable becaus+i 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 Coeitit Act of 1976). Salt marsh is the only environmentally sensitive habitat type within the project area. Wetlands are becoming increasingly significant in California as they continue to be lost to urbs,n development. They play an important role in providing food and shelter for wale;--related wildlife, including waterfowl, and are of special concern to various public agencies charged with managing and protecting game and non-ame resources. The Department of Fish and Game (1982) has described pickloweed-dominated salt marshes as among the most productive natural plant communities on earth. Even though most of the Huntington beach salt marsh, including the project site, is degraded by leek of tidal flushing and by human overuse, these wetlands are of significant value to wetlarxi-m uociated birds and have a high annual net productivity. ENVIRONMENTAL IMPACT Implementation -of the project will result in the removal or disturbance of approximately one acre of salt marsh vegetation. Secondary impacts include increased vehicular traffic to and from the project site, Increased noise asaaciated with oil ri g operation and fragmentation of'existing self marsh habitat.- Construction activity w!U disturb all wildlife in the vicinity and many species can be l . expected to mote to adjacent areas of sirn{ler habitat provided it is available at the onset of activity. Wildlife which do emigrate we particularly vulnerable to 6 • � 1 . saminatkO by predation and unsuaeessf.ul 9sompetition for food and territerit y. gcies of low moblllty and those rrtuair4i to emigrate may be eliminated outriot by site Prepaitiono Following ConauWtIont some sae I&I will return to the developed poctidw of the site providing suitable habitat is present, though, meat will be dislodged permanently by removal of habitat suited to their; existence. To the extant that thity me tolerant of human prosree, native wildlifee will return to any natural open spaces surrounding the projectAte tollowring conxtruration and continue to utiUx.e thb habitat provided it remains rela•tively unaltered snd free of excessive human disturbance. tndireetly, wildlife populr,tiom in the Immediate surrounding offsite areas will be affected adversely by the general reduction of available habitat within the project area, as iildlife from this area will be pressured to extend their, foraging range into ► these surrouridirg areaai. The small size of the development, however, limits this Impact to onial,l native mammal species and resident bird P;*cies. The endangered Beldir!gS savannah sparrow wiU be Adversely impacted through loss of approximately one acre of habitat. Night UghtlrW nay be detrimental to animals in nearby natural hrhbitats for a variety of reasove. These include disruption of light-dark daily rhythms and avoidance due to Increased Rsposure to bright lights. Same insectivorous species benefit from lighting because it attracts and concentrates large numbers of insecu for feeding purposes; however, th6 typical net effect of lighting is th•zt adjacent areas are utilized by wildlife to less than their fullest extent. MMOA770K MEASURES The pavjecct as proposed specifies the removal of approximately one acne of salt math vegetation. To the extent that the surrounding area (approximately 34.5 acres) rernains relatively free of human disturbance it wiU continue tp function as a component of-the natural ecology of the area except in the immediate !vicinity of the new development. to prder to lemw any impacts on the surrounding area, it is recommended that the following mitigation measures be considered= 7 i 1. A urns should be castructed around the project site in order to Isolate it In qmw tidal action should be restored. Z. Thy►; potentially adverse effects of night lighting on .4.E surrounding saltinarsh can be mitigated by leaving the project site unitg'hted or by using low-intensity or silvered globes. The project-s site itself, however, represents an Ir cremontal; albeit small encroachment into the Huntington Beach Wetland that is .an unmitigable Impact of local concerns M alternative to the direct mitigation of project site Impart might be the contribution by the city of Huntington Beach to an osgoing wetland • restoration project. Several restoration projects in which the city might consider participation gave been proposed by other agencies. It is recommended that a committment be made to remove oil drilling equipment at the end of project life. 0 •• ttKYRRANCRO ClTBD • American c*nithologists, Union (AOU). 1983. The Check:List of North American Birds. -9th ad. Allen tares,, Lawrence, Kwuaa. 87 pp. California Department of Fish and Game (CDFC). 1980. At' thil Temroads: A Report-on the States of California's Ends erect and Rare Fish and ildt e. State-'Of Cali ornSa flesourees Agent►y� Sac�ramenta, Cali ornia. 1 pp. + Addenda. California Dopertinent of Fish and Came (CDFO). 1982; Department of Fish and Came ;'Determination of th4 Status of the Huntington Beach Wetlands. Photoo6pied mn. 35 pp. California bepartment of Fish and Came (CDFG). 1983. "List of Endangered, Rare and 'Wreatened Animals of Californid." Revised June 1, 1983. State of California Resources Agency, Sacramento, California. Phat, copied list. 4 pp. California department of Fish and Game (CDFG). 1984. "Designated Endangered or Rare Plants.,, Summary list from Section 1904 Fish and Came Code (Native Plant Protection Act). Revised 41uly 1, 1984. State of California Resources Agency, Sacramento, California. Photocopied list. 5 pp. California Natural Diversity Data Base (CNDDl3). 1984. Data I1ase Record Search for Information on lVeatened, Endangered, Rare or Otherwise Sensitive Species and Communities in the Vicinity of Huntington Beach, Orange County, California. California Departrncnt of Fish and Game, State o; California Resources Agency, Sacramento, California. CoUins. J. T,, J. E. l3ukeey, J. L. Knight and 1f. M. Smith. 1978. "Standard Common and Current Scientific Ndmes for North American Amphibians and Reptiles." Soc. Study AmpAibians and Reptiles. Fierp. Circ. 7. Fish and Wildlife Service (FWS). 1982. F.nden Bred oind Threatened Wildlife and plants.- Federal Register 50 CFR 17.11 and 17011, U.S. epartment ­077he Zn iter oF, Reprint. 13 pp, Hunt, Harold. 1984. "Biological Report for the Orange I Widening Project." Water Research and Testing Unit, Transportation Laboratory. Unpubl. ms. 108 pp. « Appendices. Jones, J. K•, Jt•., D. C. Carter, H. N. Genoways, R. S. Huffman and D. W. Rice. 1982. - "Revised Checklist of North American Mammals North of :Mexico, 1982." Oceas• Pap• this• Texas Tech No. 80. Local Coastal Program Stuff (LCI). 1980. "Background Report for Coastal Element: Environmentally Sensitive Habitats." Local Coastal Plan Task 3.3.7. City of Huntington Beach, California. Massey, 9. W. 1977.• "A Census of the ©reeding Population of the Belding's Savannah • Sparrow in California, 1977•" Nongame Wildl. Invest. Job 1.2. California Department of Fish and Gamr., Sacramento, California. 1 S pp. 9 Muns, P. A 1974. A Plonk of.&wt._he n C01lat�nta, University of Tall fnrnls Pros, Berkeley, CillfoR a. 1Epp. Munn, P. A.• and D. D. Keck. 1959. A ggliforn�ora. University of California Prew,.berkelvy, California. 1681 pp. Purer, B. t 1999. "olut Ecology of the Coastal Salt Marshlow of lean tiro County." Eeo l. MoeMr. 1242-111. Smith, J. P., Jr., R. J. Cote and J. O. -Sawyer, Jx. 19110. Inventar of It a and F.ncla Bred Vascular plants of Callfotnie. Special PubT. No. n at t , ` dal w n at va ant ety. pp. + Supplements.. •' Zedler, J. 1992: ' The EcolggZ of Southern California Coastal Salt Marshes: A Co mmunity Profile. UA Fishe SeRvice, o ea. v ees Prom, Washington, D.G. FWS/OBS-91-54. 110 pp. 10 AI�glsat� lfii /..a wrics or rvuic UMMG PLANNING CCllltsstaM MrAL or ZONE CQArl.9 NO 84-0 i nuri E PIS& ?ION NO 84 33 NOTICE IS HERESY GIMN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Ceater, 2000 !lain Street, Huntington Beach, California, on the dais and At tAe time indicated below to receive and consider the statements of all pea,;sons who wish to be heard relative to the application described below. lMlE: Mouday, August 18, 1986 T MR: 1:30 P M. LOCATom: "A"- Inland side of Pacific Coast Highway between `ugualla and .Newland Streets. "B"- Inland side of Pacific Coast Highway, immediately to the west of Magnolia Street. SUBJECT: Appeal to the Planning Cossrission' s denial of Zone Change Yo. 84 -15 and Negative Declaration No. 84-33. Zone Change 84-15 involves two alternative sites. Location "A" is a request to change the zoning on 1+ acre of property froa Limited Use District-Coastal Zoue (LUD-a) to Limited Use District - Coastal Zonc - combined with oil production (LUDO-0J.) for the purposes of drilling oil wells. At the August 4, 1986 meeting, the applicant agreed to revise his zone change request by rhanglag the location of the oil site to one Laaediately Adjacent to !lagnolio Street. LorAtion "B" is a request to chaua;e the sontn= on 1+ acre of property from Limited Use District - Coastal Zone (LUD-a) to Coastal Conservation - Coastal Zoac combined with oil production (,(:c-CZ-01) , for the purpose of drillinj oil wells. NVIROOMMAi. STATUS: Negative Declaration No. 84-33 assesses the environmental impact of said tone cl:a!: : . qi FIILI: LeMl descriptions for both alternativ-s s i test are oa file In the Development Services Office. AU IYTlitByTP.D PEKS311S are invited to attend said hearing and express opt,nions or submit evidence for or against the appllratiao as outlined above, All applications. a 3hibits , 424 (1sscsiptions of this propos.►l Are on file with the Office of the City Clerk, 2000 Main Street , Huatlaltea Beach, California, for inspection by the public. HURT UPI GMN MCH CITY C)DUMC I L BY: A11cla !l. Wentworth City Clerk !hope (714) S3i�S+03 Dated August S, 19dR Publish August i, 1986 MC tics OF Wouc MiLOG APPEAL TO PL NN NG CO—WISSIO!4 DENIAL of ZONE CHANGE NO 84-15 b NEGi TIVE DECLARAT1404 NO. 84-33 NOTICE IS MEBY CIVEN that the Hudtingtoaa Beach City Council will hold a public hearing in the Council Chamber at the Huntington leach Civic / Center, 2000 Bain Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the stateseats of all persons who Trish to be heard relative to the application described belrr. DATE: Monday, August 18, 1986 TIM: 7:30 P.M. APPLICATION AM M.- Zone Change No. 84-15 b Negative Declaration No. 84-33 - Appeal sfwf�- LOCATION : sow 44ve jiland side of Pacific Coast Highway, immediately to the west of ,Magnolia Street. �Mv��+IR� �• �1}crn47�V� S i�CS • LOf�I,�.,+4,� 'A- PROPOSAL: r Appeal to the Planning Commission ' s de ial of Zone Change No. 84-15 and Negative Declaration No. 84-33a Zone Change 84-15 is a request to change the zoning on 1± acre of property from L•fmited Use District-Coastal Zone (LUD-CZ) to Limited Use District - Coastal Zone - combined with oil production (LUD-CZ-01 ) for the purpose of drilling oil wel l s.t�At the August 4, 1986 meeting, the applicant agreed to revise his zone change request by changing the location of the oil site to one imnediatelu adjacent to Magnolia Street. -L-Thiq—t 14 sS Lo CR A.., " '�.~ r 1 � ►•t.}+. U f � C. � 7�a,. ?-+r++.+. +ri � � t,t,� ENVIRO., TAL STATUS: Negative Declaration No`. 84-33 assc the enviro ntal impact of Said zone change. CW 6•� .,1 k✓.++ti�1 rt t i 4t4 wa. ON FILE: Legal descriptioni� on file in the .— Development Services Office. of I ' G ALL INTERESTED PERSONS are Invited to attend said heartag ar,d express opinions or submit evidence for or against the application as outlined � above. All applications, exhibits, and descriptions of this proposal are an file with the Office of the City Clerk, 2000 !lain Street:, Huntington . Beach, California , for inspection by the public. .tij�,rwa, 4 , y HUNTINGTON BEACH CITY COUNCIL By: Alicia M. Weetworth � City Clerk lfiooe (714) 536-5403 { GC " G Z -0 j Publish 7/22/86 WrIC31 of rV=Cl MWM APPEAL TO Pi.ANHING COW41SSION DENIAL OF ZONE CHANGE M0. 84-15 & NEGATIVE DECLARATION NO. 84-33 MOTICL IS HEBEDY GIM that the Huntta4toa Beach Cie•/ Council will hold a public h"rLr.4 in the Council Cbseber at the Hunt1witon Beach Civic Center, 2000 Main Street, Huvtisecon Beach, California, on the date vW a: t ,e ciae indicated below to receive and consider the statesents of all pe.sons vhc v:sh to be heas3 relative to the applIcation doserlbed below. NUNTiNGTON BEACH VE: Monday, Augustin, 1986 DEVE--QFF!E%1 SERVi:.E: T-M: i:30 P. M. . P. 0. Br X I Hu^tin-- 1 scent, APFLICATION NiWERto tone Change No. 84-1r b Negative Declaration No. 84-33 - Apceal 10% 'P•%(0k4 i& va.if o P LC' ATION: on the inland side o` Pacifi : Coast Highway., *ee." nolia ' ...— c 9 Y. � 9ad '."'"'Lr.�ts. �1t: PR�: Appeal to the Planning Crm�nission's denial, a Zone Change No. 84-15 and Negative Declaratio No. 84-33, this ite+rt n discussed by the Council on -N , 1986. Zone Change 84-15 is a request to change the zoning on it acre of property from Limited Use District - Coastal Zone (IUD-CZ) to !-imited Use District - Coastal Zone - combined with oil production (LAUD-CZ-01 ) 1�foor. r the purpose of drilling oil wells. f"� / �g� « � �T�. !' +i� iecay raviit.- lil�r u CS'f c c ,e V#V=()N W:U *AM : hega ti Det i a ra No. 64-33 assesses the envi ronmenta 1 : 44% impact of saic :on change. • • oN FILE: Legal description on the proposed zone change is on file in the '� � Att Development Servi-es, Office. j Al.l V01PE 5'I D MsctS are Inviced to attend said hea:izS and express opS:lo"- or subsit evidence for or aSaicst the application as outlived aheve. A61.: applicatlecs, sshibLts, and descriptiocs of t::is Frope"I are 4eiLtal on file vita rh* Office of the City Clerk, 2000 Wn Street, Huotiagton Beach, Ciiiforala, for iaspeetL*u by the public. nVTIWGTDN BEACH CITY COUKIL k C- e~tSr"Qt64L By: Alicia4. Wtutvorth City Clark ' July 11, 1986 a Bitterwater Lake Pro�aert}/ Daisy Thorpe/Willi.an ;;cl:enna 611 Anton Blvd. 3435 Wilshire Blvd 26 r1r . Costa Mesa, CA 92626 Los Angeles, CA 90010 Attn; Ronald J . FeLice Gary Gorman State of California Friends of Huntington Public Works Dept . Wetlands Oil & Gas Division 9122 Christine Drive 1416 9th Street Huntington Beach, CA 92646 Sacramento, CA 95814 Donald Troy Calif . Coastal Commission 5272 Allstone Drive Southcoast Division Huntington Beach, CA P.O. Box 1450 Long Beach, CA 90801--1 4 51 Attn : Chris Kroll Ruth Gallantez State Coastal Conservancy f 1330 Broadway, Suite 1100 ' Oakland, CA 94612 7 ` Southern CA Edison 7333 Bolsa Avenue Y7estminster , CA 92683 Attn: H.D. Martin. Orange County Flood Control P .O. Box 1078 Santa Ana, CA 92702 �•1.�• a'10 tc Putosh Aor wtile"mf of Or ✓tiGhlf�'^�a�wflMr: ► ctscon 01 04cfo+ of 1M SWpsrja Caut I of r�►An� GoWM1ff Cbttivof%,. h.shfsw A.6}14 d.194 1/ SOPIVADW 1161 "d A 44831 04100 11 Ju►M 1*3 I STATE OF CALIFORNIA County of Orange •ooft f.,... r».. r, woo Ispewpow"M • w. - trw woo 0 P" 66%PM wqm I am a Citizen of the United States and a resident of the County aforesaid. I am ovw the apr of eighteen y0ars, and not a party to or inferfested M the below entitled smatter. I air a pnr*tlpal ClWk of the Oran" Coast DAILY PILOT• with which 1s combtna is the NEWS-PRESS, a newspaperr of q*rwall cifeulaiftMM, primed and publrst*d in the City of Caste Mesa, County of OrarW. State of California. and that a Nonce of PUBLIC HEARING { of which copy attached Hereto 15 all true and corIVIste copy. wts prtn4d and published 1n the Costa Me". Newport Beach. Huntington Soacn, Fountain Vafisy, Irvine, the South Coast cofr munittetl end Lalguna Beach issues of said newspaper tcx _ gam consecutive weeks to wit the fssa,eKs) of y+� :..� ., 34 74E_G_ ' r S f declare. under ponatty of pwiury, that the foregoing is true and correct. i Execut hd on July 23 6 j at C to Mesa, Cs 'fornia. �•,} St naiurs '!It W 4W PUKICAIION 0 0 CITY OF HUNTVYL*-T-CXY BEACH 2030 MAIN STREET CALIFORNIA 92" OFFICE OF T11E CITY CLERK August 8, 1986 William Curtis 3200 Perk Center Drive d1160 Costa Mesa, CA 92626 Dear Mr. Curtis : On august 4, 19::'06 the City Council continued the public hearing on your appeal relative to Zone Change 84••15/Negative Declaration So. 84-33 to the August 18, 1986 Council meeting. Please note that your appeal has been readvertised for public hearing for this date with notification given. Enclosed is a legal notice for this hearing. Please call Jim Palin, Development Services Director 536-5271 for further information. Alicia M. Wentworth City Clerk AMW:CB :bt Enclosure CC: Jinn Palin, Development Services Director Gail Hutton, City Attorney REQUESPFOR crry %cam subini wto: Honorable Mayor and City Council SWW"sdbl►: Charles W. Thompson, City Administrator �•��✓'� James W. Palin, Director , development Services �"m : I swbiZONE CHANGE NO. 8t-15 -IS/NEGATIVE DECLARATION NO. 84--33 �' (APPEAL) WILLIAM CURTIS, APPLICANT Ct n* tent with Council Policy? LXT Vag Nm PoNA, or ExagKion .l Stoww+trrt of Irue. ae+canmwwlution, AArtysh, Funding Sources, alvrstliw F-1%tionW,AtM,AWiWNnt.: This item was continued open from the city Council meeting of April 21 , 1986. Staff recommends that the Council continue action on this item. Staff will renotice the request for the meeting of August 4, 1986 , in light of controversy surrounding the 'white Hale' area, to ensure notification to to any interested persons who may wish to attend . JWP: .1a (55� rw+ems Pigs 3 - Co"Ctl Minutes/7/A6 Fees Waitt"Ut .Attela Marts Draw, Lieal Dr +a Patter&en. Deborah Lee Nall and SM hers. leram An a: llasato lw"*, YWdko Masuds, Eiji Sugly&" and Reiko Worm. Present to &Saint in the introduction was Pat Dspkus, City lialsou to the Sta- ter Citisa. PLMl1lflT.ATION - 0"U NTI MS O! TU WNW - NNICH/91AU ADAM - NlA1IL/11�11A Mayor Maeadic presented plaques to "Volunteers of the Month" for this * nths of March, April Sad May. "Voluciteer for the Month of Match" vas Was* Adma s volunteer with the Libraiy` P trona Foundation at t rary; Noluatwer for rbrl Mouth of Wil" was Norm Kapell for her slay hours with the swa or c t - ai sad -Volunteer for the Mmth of _Ma " ran Mark Uppenhelr who hem spent many hours in t rgency O ratins Center with radio Amateur Civil fter- gency Service (R.A.C.E.S. ) IMtODUCTION - llZW ZZALAND UCHAXQ9 Q1AM Ilan Bowan, Cosmruoity Services Director, Introduced sombers of Mew Zealand Exchange Q ards and the Mayor accepted a presentation to the Mayor sad City Council. Present were Melissa Hockenhull of Mangxwhai Surf Life Ssviag Club and Mark Fl.avel of Orev& Surf Life Saving Club. Mr. Plavel prer,enteed a statue to the Mayor. Also present was Captain bill Richardson from V3 1"ch Operations to assist the Mayor. HUN?>CN== UAM MX PLOLRAM - P.RCMION SCUXWW 7/11/86 'N MOM PWJM am i 0! Elff FN 30 Ma OR LQ1 Councilwoman bailey announced thar a reception had been scheduled for July 21 , 1986 at 6:30 P.K. at the Civic Center to honor former Xtyors and citizens who have been residents of the. City for 50 years or longer. She atated that July was History Meath. PUBLIC MUNINC - OOiri'Ui O OFIN TO 8/4/86 - APPALL IV l7.r WZN# COWSSIM The Mayor awounceed that this was the day and hour set for a public hearing continued open from April 24 , 1906 to consider ao appeal pertaining to Zane Cane 84 13 and Negative Declaration 84-33. The property under conridSratlon Is located na the island side of Pacific Cott Hlghvay Wtv"a Magnolia aesd Newland Stratta. Willi" DArtie is the ,applicant. Planning Staff recoaseenderd that Council continue action on this item and that staff re-notice tit Riot-Ass, toe- eUetiag of August 4, 1%3o 1a 1i,Nht pf, Coats* way suirt+swiLtis ties '01tte Ns3.ie= area, to esmmere welfleatlea tee err iNterr tad pery i" alai easy wish to attend. ► a eaotivo by X411137, 4894"d llsoUlAster, Council directed that cbe }ublie War- I" be GmtUm" OPM to Aergast 41 19d6 with re•-publicatim Sand re- mitiee- tie. The sotl.on cartf.9d by the following roll 4411 vote ATE3t X021Y, !McAllister, rialey, Mandic, bailey, Gra:ea, Tlroggs N010 None Aiil0lZs Maws Council aabet, Civic tester *We iattau 94"b, valeta a hm4ay, July 7, 1%6 tape rec:ordlag of this neeti.z& is o file in the City Clark' s Office Mayor Nrndic call*d th* regular meeting of the City Council of he City of Hantiniton Duch to order t 7:30 P.M. PLtDtiM Of A=GLAXCX AND 1 V ION The Fla= Cermany was conducted by representatives froe the U.S. Air Force, U.S. Armry$ U.S. Navy, U.S. Coast l Ward and U.S. Karizos. t ROLL CALL PIrestut: Kelly, MacAllister, Fialey; Mandic, Dailey Green m Tho (arrived 7:35 P.M.) Absent: None PREAMitW109 - "CLUNFStil1'sk OF TU lMlS n" 4� /LiTtizirls vein The Mayor presented a plaque. to Colleen R e, "Crisefighter of tha Houth" for the Month of July. Assisting in the pre entat n Was Cheryl 1Awrencs, Police Coamn,ity Serriess and Tor Mays, Peed ent of >�etghborhood Watch. McCruff, the Crimfighter Dog was also present.. `` 't. PR.LSEW IOM - $25 004 PROM OC a� or SUpIR' s - cmnmw i VIMC - CURM1. bi1 President of the Library Patr a Foundation Marjuarite� Davenport accepted $2S,D00 fro* Supervisor Harris wieder on behalf of the anja County board of Supervisors toward the de lopmwo ut of the Chi.ldr*n' a Yi at tl a Cestrol Library. l�iLE >Df?1lltMi - TO taQl C JCxLI.Y idtplTIN G" DFACH 0000M9 04 Bruce powers w1th atington Roach Concourse presented a framsct poster to Councilman KeXSUSITU theak his for Isis participation in the "People' • ice% Ill'!' ViCTI CITY 'fW= tzt°iMCK _ WkMUU 1. tali ULM M ANdQJAPM Mayor Handie introduced members of the Sister City Youth E:chaoge from Waite- rrtn, Ntw Zaalavi and Anjo, Japan. Findiags for 1lea.___iil s REOUES 9 FOR CITY COUNCIL kTION DOW Aa r i l 12815 ttod to: Honorable. Mayor and City Council 1-11 lubmitud by: Charles W. Thompson, City Admwnistrator 1 �4 P by: James W. Palin, Director , Development Servicea* �i4p Mod: Z014F. CH.XtIGE NO. 84-15/NEGATIVE DECLARATION NO. 8 j-33 C.orwinmt with Gtwnall Policy? ( VM [ 1 Now Policy or ExoWdw d» JAW/A Suft"ent of low, , Anrly*, Fundkp Souras, Aftw"@tiw Acdm, Att+ d~ft: STATEMENT OF ISSUE: On Novexber 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 ) to Limited Use District-Coastal Zone , Combined with Gil Production (LUD-CZ-01 ) for the purpose of drilling oil wells . The property is located on the inland side of Pacific Coast Highway between Magnolia and Newland Street . The applicant originally indicated in his letter of appeal that action on his request should be continued until the study of the White Hole area was complete. The White Hole Committee has had several meetings to discuss the issues involved in the white hole area . A report has been prepared and is scheduled for a public hearing before the Planning Co:amission on May 6 , 1986, with a subsequent City Council public hearing in June, 1986 . Therefore, it would be premature to act on the zone change request at this time prior to review of this White Hole Report before the Planning Commission and City Council . RECOMMENDATION: Staff recommends that the City Council continue action on Zone Change No . 84-15 until .July 7. 1986 . JWP: Hz : kla ( 4626d ) P*osM POP 2 - Council Minutes - 4121/86 Comcilasn Tbosas arrived at the stet . f. The HATor announced that this was the day and hour eat for a public beariag continued *pea from November 18, 1985 for the purpwe of coseLderlag an appeal to the deaial by the Planning Cortesion of Zone change 084-13 and Negative Declaration 084-33. ZC 84-15 is a request to change the soaing on t 1 (oea) acre of property frog Liaited Use District - Coastal Zoo* (IJ70•CZ) Co' Lli*tted Use District - Coastal Zooe - combined with oil production (L70-a-01) for the t,4rposo of drilling all wells. The property is located on the island aide of Pacific Codas: Nighway between Magnolia sto Newland Streets. Negative Declara- tion No. e4-33 assesses the eaviroasMental effects of "Id soot clogs. Copy of NO 494-33 (87 pagea) is available for review in the City Clerk's Office. The City Clerk announced that all legal requirements for notifirat1 a►, publi- cation and posting had been set, and that she had received so ccmmsalcatioss or written protests to the matter. The Director of Development Services presented a staff report. William Curtis and Donald rroy spoke in opposition to another eoatiawation of the matter and urged Council to approve Zone Change No. 84-15 and Magative Declaration No. 84-33 at this time . There being ao one present to speak further on the matter ana there being no further protests filed , either oral or written, the hearing was closed by the .Mayor. Falloving discussion, a nation was made by Kelly, seconded by Grata, to con- tinue action on zone Case No. 84-15 and Heratire Welatatiot No. 84-33 to July 7, 1986 with renotification and republication, in order to allow review of the "White Hole" Report by the Planing Commission and the City Council. The motion: carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Green, Thosss NOES: None ASSENT: bailey P4iWC WORKS - /RiRMU OWS CtMgJMI T ASSN it M1?10M F t APPlli'1T 00 Of 011 ZU077 TO Y102 STUM - WOM - O"ImN MD - The Mayor announced that phis was the day and hour set for a public berring to eoomider a petition for application of S. 21107.7 of the State of Call fotnia vehicle Cock to all street@ •ithla the Fera 111 Owers Commalty Assn. 019 Lots 1-LU inclusive, tract 5430 for vehicle code violation enforcement by the police Dtpartsent. The complex is located at the OW car"r of Gralwe Stmt and ftroa r Areaue. ibe City Clerk announced that aU legal tejuironsts for notif:catlose pubIL- Cation and posting had bps met, sod that Sire had scecelved mo ca�lcstioaa or written protests to the matter. REM FOR crry C VC CT*N BWWWtftd io: Honorable Mayor and City Council r Ww"himdyy: Charles W. Thompson, City Administratore�j h spi by: James W . Plain, director , Development Services d. APPEAL OF PLANNING COMMISSION DENIAL OF ZONE CH GE NO. 84-15 and NEGATIVE DECLARATION NO. 84-33 Corsk" n with COMM Policy? W yes ( ) Now Poky or E=WWn ftmimit of hnw, ,An sly*, Fund*Saxar, Akwnatlw Actim. At r : STATENXXT OE Ism At the May 21 , 1985 city Council meeting Zone Change 84-15 and Negative Declaration 94-33 was continued until November 18, 1985 . A six month continuance was approved in order to provide time for staff to complete the study on the "white hole" area . Further direction was given by Council that staff was to re-advertise the public hearing for November 18 . The study an the "white hole" area has not been completed. City staff has been working with the Coastal Conservancy and property owners in order to complete the study. However , a number of issues have yet to be resolved. The applicant had previously requested the zone change be continued until the study was complete. Attached is the letter from the applicant dated April 24 , 1985. Staff is presently working diligently to complete the $white hole' area study and feels confident that the study and public hearing process will be completed by April 1986. In light of the fact that the study and public hearing process will be completed in April , it would be appropriate to consider continuing Zone Change 84-15 until April . RECOMMENDATION The Department of Development Services recommends that the City Council continue action on zone Change 84-15 and Negative Declaration 84-33 until April 21 , 1986, in order to allow completion of the 'white hole• area process . FUNDING SOURCE Not applicable ATTACHMENTS Letter from William Currie dated April 24 , 1985 ZWP :FW: jr ( 3664d ) rw�