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Zone Change 84-15 - ND 84-33 - William C. Curtis - Site "A" (15)
A111 to State Clesnapoum, 14M 7"LZ at'.ps al. wwanmite. CA att+slf'"tlir/Ms*yAa.l w MAL to it. Is1 (2 01/ C>WLi (X WV tleliviAkL 7aYAMETM PM Sol • I Pro.)vc t TitIv Zone case 84• 15/Negative Declaration 84-33 _ City of Huntington Beach _ 3. C'.otawr Prraoa 11cmard Zelefsk_ y__ .►, ct r~% Aearp%,,j 2000 Main Street 3a. CM taunt i n c on B rich '_.man/) Orange :,a. zip 92648 _ 3r. ctX tor ( 714 ) 536-527 1_�_ 111LIM-: UXATICh A. Cmatr Orange_ k. citY,camwit,. Huntington Beach 41.. Ar.srvwrls Parc.t No. 114-160-68 k. S+Cttan 24 r.U. 6 11 'u. �`nxA Strer'tA Pacific coast Wy/Magnolia 30. For Rural, 1►sarrst Ccaasunity __ SLAt. Air- Rail- r t1ATM7- Sant, M3 sltbic : aides a. yam. Vann C. .era _ wra River MX14MT TM S. LL[iL AMCP Ttltl Tl'i9t CMA Jl. Genera: p!Aa L:ttiate 01. ItrslarttInI LeIta Aerwo ail 06. Mx 02. rWW Elaant C2. 01:icr sq. /t. Farly Coaa 0:. NCC 03. _Getssral Plaz Aneamett Ares DaplOrtret 'wt Ac 095. SKID .34. �tlastar Plan 03. �ShOMLAVCOu rcisl Sa. Ft. I UP CS. _AC:waattan Acr*% bat.;nrrra titrlr3arrA Od. Spe-cific Plan 04. �:adwstrui sq. It. `. Xub..yurot FIR t PrtGr_k7 No. 07. CQl NUA.it) Plea Acres lit;I0ieva Jet. liedr.e:crlTtits t 05. h t.r I t c l l t t t rs 1C, %TPA kl. x tletc.ta 06. Tnasp►i+tatice Typ. .r Drs S t - •� . .-Not it. tt3 to. Lind pi.isloo 07. dinlr4 It.trnl Its. I M,tr 1:. EGA lop. Tnet Kati. etc. ; Os. pow, 72tr �.UW ►ftilt d). ftstr Ttvat"Vt TrN ;3. �.:01nt Gccutrnt t: _Waste "at Plan 10. CM 144141ea :4. _�_rtal t3x-�arot 13. -.CA*csl As presrwr :I- X mtwr Dl i lling of oil well :S. I*0e1 14. Cuwr t:. WrAL. ACM I;. iWAL. 3M CMATIM . Jt l:RD116 01111CM1111M I111 00MAR t.. Septic systma 23. +later Wkilt1 .11. Aietthetic/Vi1aA1 (38. �I1a3dlAC/vMl046v 16. -Saar C a;acity 24. Saw =WCd) M. Atricv:tursl Lana 09. , Cwvlcttic/3olaeic 14-1. % ctal 25. X setlaid," imriae 03. Air Quality L0. JobAllkusaas A&IAW.P '15. SolI trrslm :r. 4-Itlillto, •til. Arrl,AeudOtlud/llistorin3 1f. Itioenis t9. Solte Baste Grvtn lott:Cing X CosataI Laos ::. X Motes 20. ftuc/Munarlw" :9. Iesamatittir : wrs _ JxCrWstC 13. 1'uolt,! Umc.s :1. 'rMttic/eire+rlattcw 23. CUMMIntiw 1MOCts tr eft M HAraro 14. ISCMuI■ :=. �►q"tAt lot J0. �atnrr ta. A11R UG (Apprua l Naval f „WA S4te S lntAl S.__�_ :4. WMW L.MO M AM WIM: 'vacant/L.U.D. Limited Use District To permit a Change of zone from LUD (Limited Use District) to L.U.D.-01 (Limited Use District - c ubined with Oil Production) wh' would alk.iw for the drilling of oil wells on 1 acce of land t t.;. SptaltOM ar tyil!!Z MM■R,TL44 �L p�R •�. N?M C 1 sa rl atAUtsiw all amw l t n t l f t+Aa i s asMIrre tar t .ea:t . !I A i►71 WA"? A A rro/1 "U at a for a 0 Pe N-_: .. tree a t1ls/Nar of ftop ►ttlriat err watt plots tall it is. ��. .�'; '�k�h!�,y�;l�,�.b�' ��.�f.t .. � _ -. - William Curtis 37 Morena IRVINE , CA 92713 February 2, 1985 Mr. Richard A. flat-low b 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 112 Acre Daisy Oil and Gas Lease in Hus,tirgton Beach, Califor- nia, as requested by ycu in preparation for the public hearing :o be held within the next thirty days . The surface location of the prospective wells lie within the boun- daries of the Pacific Coast highway on the west, Magnolia Street on the south, the flood control channel on the east, and the Southern California Edison Plant on the north, 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 . Thin sand has been tested by the Exxon 12 wall at two millinn MCP per day , but not produced. If the well is successful I plan to choke the well back to 800, 000 M.C.y. per day. We expect to maintain this production foi twelve months and then a steep decline at which tirnn we will drill additional wells to maintain the production curve . Mr. sill Compton, a Land Mar, for S. C .E. , has verbally committed to purchase all gas that can be produced from this =one for the operation of the Southern California Edison plant at the fair market price (approximately $3. 50 per M.C . F. ; ctntract for ta,al.vv months take or ray can be negotiated) . The drilling time necessary for this well will be approximately five days; completion will be an additional 10 days. The Completion Program would consist of running seven inch casing and 5" liner and installation of the well head connections (better known as a "Christmas Tree") . A sketch ;rowing is enclosed. The Planning department may wish to impose as ea condition of the permit , restriction of the storage of hydrocarbons and storage facilities normally asnotia ted with the separation of oil and water. Such a restriction would be acceptable, since aftar oil production is established I will install a pipeline to an existing tank farm lo..^.ated nearby. -- t, 1 t \ Mr , Richard A. Harlow Page 2 I have conducted a thc,rough evaluation and study of this property over the past five yearn and have accumtilated 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 400U ' and also to test a prolific producing sand in the h,, ,st Newpc;t Beach Field, the "Main Sand" at 5500 feet . This sai.d was encountered and produced by the Deeble, 66 well which was drilled within 100 Viet of the proposed site location in 1955 and abandoned in 1972 by the Edison Plant to make way for a tank farm. It is ray belief that this sand exists also cinder the Daisy Lease. This opinion is shared by Mr . Eugene Bottom, Geologist, Bartho Oil Company; Mr. Tom Cooke, Production Manager, AMINOIL; Mr. T .W. (Ted) Ehringe Consultant with Petroleum Industry Consultants , Inc. ; Mr . D. E. (Don) Vandenberg # oil and Gas Consultant, all of whom 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 pha3es 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 modern oil and gas oper- ation on the California Coast, ind 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 transportation of hydrocarbons and will comply with all requirements o: Section 30262 to assure minimal environmental. i n. pzc t . 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 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 (ore-mile square adjacent to the beach to test deeper zones) . Preliminary meetings with the State indicated no drilling would be permitted from platform dri'llsites , and that the Daisy Property location would be suitable for the testing and developing of offshore operations . Please refer to the sketch r.rawing 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, 1. aim William Curtis we/jw facilities and procedures shall be provided for accidental spills that do occur. Section 30233 . ( a ) The diking , filling , or dredging of open coastal waters, wetlands , estuaries , and lakes shall be permitted in acordance with other applicable provisions of this division , where there is no feasible less ronmentall damaging alternative, and where feasib mitiga es< <a been provided to in . n mice averse environmental effectro , and shall be limited to the followings ( 1 ) New or expanded port, energy , and coastal-dependent industrial facilities , including commercial fishing facilities. ( 2 ) Mainta ping 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 channels for new or expanded boating facilities; and in a . degraded wetland , Identified by the Department of Fish and Game pursuant to subdivision ( b) of Section 30411 , for boating facilities if , in conjunction with such boating facilities , a substantial portion of the degraded wetland is restored and maintained as a biologically productive wetlands provided, however, that in ne event shall the size of the wetland area used for such boating facility , including berthing space, turning basins, necessary navigation Lhar►nels, and any necessary support service facilities , be greater than 25 percent of the total wetland area to be restored . ( 4 ) In open coastal waters, other than wetlands , including streams , estuaries , and lakes , new or expanded boating facilities . ( 5 ) Incidental public service purposes, including but not limited to , burying cables and pipes or inspectioo of piers and maintenance of existing intake and outfall lines . ( 6) Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas . (7) Restoration purposes . ( 8 ) Nature study , ayuaculture , or similar resource dependent activities . IN Dredging and spoils disposal shall be planned and carried out to avoid significant disruption to marine dnd wildlife habitats and water circulation. Dredge spoils suitable for beach replenishment should be transported for such 'pv.rposes 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 wetlsnd or estuary. Any 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 Coastal Wetlands of California" , shall to limited to very minor incidental public facilities , restorative measures , nature study, commercial fishing facilities in Bodega Bay , and development in already developed parts of south San Diego Bay , if otherwise in accordance with this division . For tho purposes of this section, "commercial fishing facilities in Bodega Say" means that not, less than 80 percent of all boating facilities proposed to be developed or improved, where such improvement would create additional berths in Bodega Say , shall be designed and used for commercial fishing activities . (d) Erosion control and flood control facilities constructed on watercourses can im e e the movement of sediment and nutr a is which ld otherwise be carried b storm runoff into coax aT-'asters. To aci irate t e continued delivery of these sediments to the Fittaial zone , • whenever eas e , the mater a remove from t ese facilities may be placed at a ro r ate Points on the shoreline in accordance with otherapel ca a rov s ons of this v sion�w.hhrre feasible m—mat on measures have been provided�to m�inirt;Fi-e—scNerse environmental ettects. Aa acts that sha. a cons eyed before issuing a coasts development permit for such purposes are t e method of pllacement, time of year of placement , and sensitivity o f the placement area. (Amended by Ch. 673 , Stats . 1978 . ) ( Amended by Ch. 430 Stats. 1981 . ) Iwa Section 30411 . ( a) The Department of Fish and Game and the Fish and Game Commission are the principal state r ;encies responsible for the establishment and control of wildlife and fishery management programs and neither the commission nor any regional commission shall establish or impose any controls with respect thereto that duplicate or 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 tok 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 whether there are other feasible ways to achieve such values. (c) The Legislature finds and declares that salt water or brackish water aquaculture is a coastal-dependent use which should be encouraged to augment food supplies and to further the policies set forth in Chapter 4 ( commencing with Section 825) of Division I . 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 , 1960, and xhall by the same date transmit Information identifying such sites to the 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 . 1870 Stats . 1979 . i Section 30412. ( a) In addition to the provisions aet• forth in Section 13142 . 5 of the Water Code, the provisions of this section shall apply to the commission and the State Water Resources Control Board and the California regional water quality control boards. ( b) The State Water Resources Control Board and the California regional water quality control boards are the state agencies with primary responsibility for the coordination and control of water quality . The State Water Resources Control Hoard has primary responsibility for the administration of water rights pursuant to applicable law. + ' The commission shall assure that proposed development and local coastal programs shall not fru.s`.'rate the provisinns of this section. Neither the commission nor any regional commission shall , except as provided in subdivision ( c) , modify , adopt conditions , or take any action in conflict with any determination by the State Water Resources Control Board or any California regional water quality control boaxd 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 cuMmission , regional commission , local government, or • port governing body flee;~ exercising the regulatory controls over development pursuant to this division in a mariner necessary tc carry out the provisions of this division . (c) Any development within the coastal zone car outside the coastal zone which provides service to any a&ea 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: outside of existing terminal areas shall be situated as to avoid rink to environmentally sensitive areas and shall use a monobuoy system, unless an alternative type of system can be shown to be environmentally preferable for a specific site . Tanker facilities shall be designed to ( 1 ) minimize the total volume of oil spilled , ( 2 ) minimize the risk of colli� ion from movement of other vessels, ( 3 ) have ready access to the most effective feasible containment and recovery equipment for of lspil'ls a 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 provisivnis of this division shall not apply unless expressly provided in such Chapter 10. ( Amended by Ch . 855, Stats . 1977 . ) Section 30262 . Oil and gas development shall be permitted in accordance with Section 30260 , if the following conditions are x*t : ( a) The development is performed safely and consistent with the geoloq:c conditions of the well site . New or expanded of cilities re ated to suc development are consolidated, to the maximum extent, feasible and legally permissible, unless consolidation will have adverse environmental consequences and will not significantly reduce the number of producing wells, support facilities , or sites required to produce the reservoir economically and with minional environmental impacts . ( c ) Environmentally safe le subsea completions are used when drilling platforms or islands would substantially degrade coastal visual qualities unless use of such structures will result in substantially le8s environmental risks. (d ) Platforms or islands will not be sited whore a substantial hazard to vessel traffic Haight result from th• 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 treasures 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 Waters Discharge Plan of the State Water Resources Control Board and where adequate provision is made for the elimination of petroleum odors and water quality problems . Where appropriate , monitoring programs to record 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 30263 . ( a ) New or expanded refineries or petrochemical facilities not otherwise consistent with the provisions of this division shall be permitted if ( 1 ) alternative locations are not feasible or are more environmentally damaging ; ( 2 ) adverse environmental effects are mitigated to the maximum extent feasible ; ( 31 it is found that not permitting such development would adversely affect the public welfare ; ( 4 ) the facility is not located in a highly scenic or seismically hazardouA area, on any of the Channel Islands; or within or contiguous to environmentally sensitive areas; and e5 ) the facility is sited so as to provide a sufficient :,u£fer area to minimize adverse impacts on surrounding property. ( b) In addition to meeting all applicable air quality standards, new or expanded refineries or petrochemical facilities shall be permitted in areas designated as air 1�•� LiG�JID .f ® fiMfTK gulf IVA I l • Im"m AM 43 SAIDONCLAAMM 01 10 w+rt3w �, rtyl 1� • � ; '�• 1 • � ,� � � 111/AAIM ALMA 'mil - ��:•sue" "NOWD"m �ro�enta�y S�s�Jitl�►�e fi�oil.t� Fig" 6.2 00 services and basic industries vital to the economic health of the region, state, or nation, public recreation, c0r ,,P'lcial recreation , and visitor-serving land uses stall nut be precluded by other development. Sectiioon�30255 . Coastal-dependent developments shall have Priority over other developments on or near the shoreline . Except as prc.vided elsewhere in this division, coastal-dependent developments stall not be sited in a wetland . When appropriate, cr astal--related developments should be accommodated within reasonablu- proximity to the coantal- dependent uses, they support . ( Amended by C)j . 1090, Stats. 1979 . ) ARTICLE 7 NDUS b DEVELOPMENT Section 30260 . 40 Coastal-dependent industrial facilities shall be encouraged to locate or expand within existing Bites 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 3026 . if ( 1 ) alternative locations are infeasible or more environmentally damaging ; ( 2 ) to do otherwise would adversely affect the public welfare; and ( 3 ) adverse environmental tffects are mitigated to the maximum extent feasible, Sect --.--r''�"'�y ( a) Mul �icompany use of existing and new tanker facilities shall be encouraged to the maximum extent feasible and legally permissible , 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. Now tanker terminals —Now" 14 i b', I a4r CF-f. i l i RI PA- o y � I 11i , .., CF-ER A t' a c.:.. •.r f.a.a., IWO ►..,. . . r �-- oil _� RI f � + R11 ��•Ott No . I At let C F-R NA ~ t•� Rt I , ,) i 1 .. ' itt�l■r:'� it, i� A i-A-0 jttt. M .ww. Oki MI-A-0 Ni-A-O • RI Rt RI r a W2-0 kl � Mt J A I a' vv�� I r l �dlL M2.10 `� �•�- RI �_--'—Mew- -� Rt Rit .. C F-E L jL RI t l R I r I \ I Imo, \ Ls IV"4�1 7 �� � • wOArlt1. RI ' RI �1' al rc d • ^ ' ' Phgp•t A � 1�Llillp'T0 , I RI I A t A im L WTIM we pJ11lR1C T �' A 1 r 1CPO .� RI iie7 �� % ` {LL U L;AQ USE O13TOC T M , 1 3�: u -N 1 ILUUI LwIrm c u i �'c YC. • ow �► � , , `k •qb 1� L Ad;justmetita, pursuant to the requirements containtJ 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 to be amid to the Edinon Company. Phase two will consist of off-site drilling of injection wells in the City of Newport Beach . Phase three will involve securing an off-shore oil and gas lease from the State of California in order to slant drill for oil from the q!)b ject site. The Department of Fish and Game has designated the subject site as a wetland which is defined as *land within the Coastal Lone which nay be covered periodically or permanently with shallow water and include salt water marshes , fre8hwater marshes , open or closed brackish water marshes , swamps , mudilats and fens. • Because of this determination this area of the Coastal Zone was 'white holed' to allow for further studies . The City of Huntington Bndch is currently undertaking a upecial study of the "White dole' areas in the a astal Zone to determine future land use designations and development needs . Regardless of these studies, Staff views the proposed project as being consistent with the Coastal Act, Section 30260 of the Coastal Act states , •coastal-- dependent industrial facilities shall be encouraged to locate or expand within existing sits and shall be perm'.tted reasonable long-term growth irtr .-re consistent with this division . . . " Section 30262 further estates , "oil and gas development, shall be permitted in accordance with Section 30260 . . . 0 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 fipproval if a Use Permit for drilling is approved by the Board of Zoning Adjustments . 6 . 0 RECOMMENDATION: The staff recommends that the Planning Commission as)prove Lone Change 86-15 and Negative Declaration 84-33 and recommend adoption to 1-he 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 , wtolfare and safety c. f the community. : . The Land Use Element of the City 's Central Plan designates the subject property as industrial Resource Production which is consistent with the requested LUD-01 soning. further, the California Coastal Act permits industrial development in the Coastal Zone (Sectiors 30240, 30262 ) subject to mitigation measures outlined in the Negative Declaration . Staff Report - 4/16/85 -3- M 33d) 3. The Coastal Element of the City' s General Plan stat-:s that the r-.. goal of coastal energy planning is to successfully valance that needs of regional and local coem!inities, while encouraging the positive impacts of energy developments and mitigating their adverse affects , further , the California Coastal Act states that coastal-Jependent industrial facilities shall be encouraged to locate or expand within existing sites and shal), be permitt;!d reasonable long te [ m growth . ALTERNATIVE ACTION: As an alternative action , the Planning Commission may consider continuing Zone Case No . 84-15 and Negative Declaration No. 84-33 to the next scheduled meeting to allow staff time to advertise a qualified ( 'Q` ) 3uffix on the 1 acre property . This designation would enable the Planning Commission to condition the zone case pricer 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. ThF oil/gas site shall by 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 isolatt, it in case tidal action should be restored . 5 . The potentially adverse effects of night lighting on the surrounding salt-marsh can be mitigated >>y 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 ' ac determined by the Department of Fiuh and Game . 7 , The applicant shell obtain all required permits from responsible State agencies . ATTACHMENTS: I . Area map 2. Section 30260 3 . Letter from applicant dated February 2, 1985 4. Negative Declaration No . 84-33 JWP: Ht : kla Staff Report - 4/-i/85 -4- ( 2 2 3 3d ) huntington beach development services department ff REPORT. TO: Planning commission FROM: Development Services DATE: April 16 , 1985 SUWECT: ZONE CASE NO. 84-15/NEGATIVE DECLARATION NO. 84-33 APPLICANT: William C. Curtis DATE ACCEPTED: 3200 Park Center Dr . ►'�`pr , 1995 Suite 1160 Costa Mesa , CA 92626 MANDATORY PROCESShM DATE: .tune 1 , 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 PLAN: Industrial Reeour"`ce Production ACREAGE: + 1 Acre EXISTING USE: Vacant 1 . 0 SUGGESTED ACTION: Adopt Negative Declaration 84-33 and approve Zone Case No. 84-15 with the findings outlined in Section 6.0 of this report . 2 . 0 GENERAL INFORMATION: Zone Case No . 8+-15 + a i request to change the Boning 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 Departwtnt of Fish and Game and is in the original permit jurisdiction therefore subject to the permit authority of the California Coastal commission . If an 0019 designation is approved for the site, the applicant will be, requirtd to obtain a use permit from the board of Zoning Adjustments and a Coastal Devtlopw*mt Permit prior to drilling. In addition, the son• change will be subject to the review of the Coastal Commission prior to use permit review . 3.0 BU"OUNnrNG GINERAL PLANg ZONINGI LAND USE: Bub +ect Prvp,+trtX GENERAL PLAN DESIGNATION: Industrial Betource Production ZONINGS, LUD ( Limited Use District ) LAND USE: V North of Sub eft Property GENERAL PLAN DESIGNATION: General Industrial ZONING: MIA (Restricted Manufacturing ) LAND USE: Orange County Flood Control Channel South of Subject Property GEl1-'RAL PLAN DESIGMATION: Industrial Resource Productian ZONING: LUD ( Limited Use District ) LAND USE: Vacant East of Subject Property GENERAL PLAN DESIGNATION: Industrial Resource Production ZONING: LUD ( Limited Use Diutrict ) LAND USE: Vacant West of Subject Propertx GENERAL PLAN DESIGNATION: General Open Space ZONING: RA ( Residentiaa Agricultural ) LAND Ur E: 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 preptred under the direction of the Department of Development Services by the consulting firm of Michatl Brandman Associates . The staff received comments from the California Coastal Commission and Department of Fish and Game regarding the propored 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 intendad to allow for the drillings of r gas/ail 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 Pagnolia Street (see attached legal description and Exhibit 8) adjacent to the Orange County Flood Control Channel . The requested 0010 designation permits 't:se drilling or boring of a new well into the earth for the purpose of exploring fort developing or producing oil , gas or other hydro- cerbonst or for the purpose of injecting water,, steam or other ao substance into the earth . " However , drilling cannot proceed unti an Use permit is first obtained from the Board of Zoning �- stag t1,'Repoct , 4hi/gS -1- ( 2213d ) NEGATIVE DECLARATION 84-33 CURTIS OIL [ONE CASE 64-1 S Change of zone from LUD (Limited Use District ) to LUD--01 ( limited Use District - combined with oil production) i J , - A CITY OF HUNTINGTON BEACH INL STODY OF ENVIRONMENTAL IMPS 1 , BACKGROUND 1 , Appl irant William Curtis ? , Address 3200 Park Center Drive__ CQSS:� 1ig6�1..�Cd. .��� -�. Telephone �7141 641-�4718 _�_ _._ .. 1 �1'rojert Location .,NQ.t�.tLAoIR—p-f k-C.,",_�Q_4_��._ wesk Project Title/lhsc'ript ion �one Case ,84: 15 Ne alive_ Declaration _84 33 f,. I)at(! .._Pgyttr 4 . 1989_ - -- - -- - il . ENVIRONMENTAL IMPACTS: (Explanations of a! 1 "Yes" and "Maybe" answers are requirec; on attached sheet). 1 . Physical Environment: Will the project have a significant impact on the physical env ronnient w t respect to: a) hydrology, b) air quality, c) geology, d) flora anc; fauna , e) noise, f) archaeological/historical . Yes X Maybe No Other 2. Impact of Environment on Project: Will the project be subject to impacts from the surroundlng environment? i .e. , natural environment; manr:ade environment, Yes Maybe No X 3, Impacts on Public Services : Will the project gave a significant i«pacL ui)on , or re- su t ina need for a new or altered government service in any of the following areas: fire, police, schools , parks or other governmental agencies , Yes Maybe No _� __.. 4. Im acts`on Traffic/Circulation: Will project result in substantial vehicular ,Tove- ment, or impact surround ng circulation system, or increitse traffic hazard? Yes Maybe No X . Will the project result in a substantial alteration or have a negative affect or the existing: land use, population/housing, energy/utilities , natural resource,., litanln hea 1 th? Yes Maybe No X ,11. Other potential environmental impacts not discussed above (see attached sheet) . 111 . OTHER RESPONS!BLE AGENCIES AND/OR PERSONS CONTACTED ( X ) See Attached ( ) Not Applicable IV. MANDATORY FINDINGS OF SIGNIFICANCE : 1. Will project degrade quality of environment? Yes Maybe No X 2. Will project achieve short-term goals to the disadvantage of long-terns env i ronrne t;,l goals? Yes Maybe _____ No X 3. Does the project have impacts which are individually limited but cumulati% ely considerable? Yes .. Maybe — No x 4. Will the {project adversely affect human beings either dirPct.ly or indirectly? Yes Maybe . No _jL V. DETERMINATION Negative Declaration X ) Negative Declaration with Mitigatinn ( ) Environmental Impact Report 41"WE S 1 GN11TURE IVr' I I � I I I � •� ,. .o..+. ., + I t CF-E r _. CF-E Kyft.._...•...—.. CF U +" E A 0 TAR -r-- , M u 0 • ,' � � .fit � ,.1 - _ _ oli 1444 Ile ..I - all lb 7AV,F1 ,,�. \ • 1 lr• \, C m*46 590 r.a o.•a•.r.. a amp a�ayA► a.t+t e 4e j MOM as a+-.r � wart ` i& I!-r dr raw J � • a as-+s somw AM rat � N AN!'lt � /�OiOrr eis A�iif ; SON" AW Can wr wumv _ i now ptW 5&r.SEC*f JV. MS.JT AD 1W i Drilling Proposal or. UaiSy Property, Huntington Boa, -il C/, ` The proposed project is a semi.-exploratory drilling program. 01Kis intended to produce from the known reservoir , determine the Imit.!; of the reservoir, and to explore for new reservoirs . Enclosed is a diagram of a typical land-based drilling rig , and acce.;sor ► equipment . } (This diagram depict., a drilling rig th��c , .t�.', •, I u,ed for West Coast dri11inq operations It is included in this ' report for infornatior, purposes to acquaint the reader with the various components cf a drilling riq . ) The rig to be used at the r: i tes will have a mrast head height of 150 feet and .,i l l be powered by up to three diesel engines with a totai horsepower of about 1000 for the deep holes . Shallow hold wells ( 1000 feet) will use ,a r iq with about 300 hp. Tha rigC will not be run .at full horse- power until the last ?a hour:; or so . usual drilling ivi it be at �.;1.�•,�� ,about 60 percent of the available horsepower . In addition , a max- ;;,�„+►:';•�i innum of 400 horsepower of tiesel - fired onginos will be used for the o•+r•. :-.ery ice rig and pumps . To drill a well a rig s i brought, to the cleared Non:; i tr. . U g delivery of the rig to the site , the first-, hroeeciurc is to "rich up" , which is the process of assembling and placifinc the drilling3 rig components in position to drill . The actual drilling oz a well is an intensive process that may take from a few dais to several -wee'As to complete , depending on the depth of the well , hardness of sub- surface miter: als , and problems that may be encountered . It is r,;timated that each of the proposed wells will take approximately 10-40 days to drill and complete . r �— While drilling , the rig turnF. a drill strincr rotating a bit at tho bottom of the drilling assembly . 1s the hole is deepened , aAdi tional sections of drill pipe must be added . Dri llinq opera- tions go on round- the-clock and include transport of men and mater- z a is to and from the site . As the bit turn_ in the hole, it makes uoc . cuttings which must he removed from the hole . 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 hick uh the cuttings from the bit and transport them to the surface . The ocher purposes of the drilling mud are to cool and lubricate the (trill bit and the drill string , maximize penetration rate , prevent inflow of formation fluids into the well bore , and coat the exposed walls of the hole with filter cake in order to minimize fluid loss into permeable formations . All drill : ny muds and oil wastes will be held in steel holding tanks . All oft field wastes: will normally bo taken to E. P. C. -Westside Disposal in Fellows , California , or .any other County-approved disposal site. Periodically in the drilling of a well , casing is cemented 3 !, the hole . Casing is simply large steel pipe that is used for the sides of the drilled hole to deep it from caving in . The casing and the cement also seal off pressure and fluids from under- . ound formations through which the hole penetrates . y Casing for the propsed project will be cemented , per DOC guiresents (Department of Oil an6 Gas) , generally to a depth of approximately 300-500 feet , for protection for the fresh water aquifiers in the area . To run a string of casing , the drill string is removod from the ho: a . Thorn each joint of b rsimilar diameter } of va.; inct ir. screwod tonet.her and loworc•d into tho holy to ,v►.►v.o uE► •i complete casing string . After the casing is, run into the, hold, comoilt is pumped into the casing and then displacod f rani the hottom e i-,J in order to fill the annualr space between the arld the ,r � wall of the well . Once the comer t ha. dens , th+: subbur f ac.•e f ui'yna- tions are permanently sealed from each other , During drilling operations , approximately 500 barrels of water per day ( 21 , 000 ga l l.or.$ ) would be required . This would be obtained. from the existing water wells in the area . During the drilling of, each well , an estimated averacic► of 20 vehicle round trips per day will be required to the drill site . t•lost of these will be light vehicles , but the traffic will. include► .■..,.,.,,,, an average of f heavy true; trips per day . r� After the wvl l has been drilled to its ob)ect i ve depth and the production casing has been run and cemented , well r_cmpletion ,,-,in t► kc. place . The rig vi ll than be moved and the drill ins, cf a r� .•w. we 1 1 commenced . This report assumes that only one dr i l l i nq rig ti:i11 be used at any given time. Therefore , given the minimum 20 day poriod to drill a well , and approximately 5 day-.; to move the rig , t-hp total number of wells that can be drilled in any one year is fourteen , assuming use of only one rig tit a time . Using the max- i ,nun 40-day drilling period , eight welIF could be drilled in any one year . Petroleum Production M � In contrast to exploratory/development drilling which i ,; 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 prod•.icing life of the field . This equipment will be engineered and designed to produce oil and gas with a hydraulic pumping system and will operate in a cellar . (This system is in operation in Long Beach on the golf course at 7th Street and Pacific Coast N ' ghway. ) 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 is possible to con- solidate a number of producing wells at a singly: production island through the use of directional drilling techniques . Not only does this minimize the amount of land disturbed by drill site and access road construction , but duplication of accessory production equipment can be avoided . For the proposed project , the maximum potential � production , based on existing information , can be accomplished with a total of 12 new wells consolidated int.n one site. The bulk of hydrocarbons will be transported off the property for processing. Any temporary storage units on the drilling island sr'^*•4r:' will be equipped with vapor recovery systems . Transportation by truck to a refinery would continue until production in the field increased to greater than 400 barrels of oil per day, at which time It would be economical to construct a pipeline . Abandonment l t r.a ahe11 i.: usasuc.res.7 f u l , of a t- the c_ nth o:: t:S>o prra►iuc, i si►] 1 i to of a f i (., ld , wall abandonment take_; pli-Icr I)iir.-4oant, to prorrOures specified by the California Division of Oil and Gas in "California Laws for ;'onservation of Petroleum and Cas . " in i-%tldition , 'section 8163- 14 . 8 of the Orange County Zoning Ordinara, � requires tht. fullow- ing : "That upon abandonment of any well or cessation of drilling operations , all earthen sumps or other depressions contain- ing drilling mud, oil or other waste products from the drill- ing operation shall be cleaned tip by removing such waste products or by consol idatinq all mud . oil , or other waste products into the land by disking , harrowing and leveling to restore the land to the condition existing prior to the issuance ref this hermit as nearly as prac-ticabT` to do so. " Drilling and t1orkovers All frilling operations are, conducts-d in conformance with Slate rocztilations , 1 ,cluding ins 'rallation and use of B .O . P . equip- cr.ent and sett"i_nq of casinc1 . in workover operations , appropriate1I . O. P . equipmrr.t s er "loyed a!; dictate;: by the well ant) operations to be por ormcd . `�- Lli 1 Barn C . Curt. i Mr. Curti :: it currant: 1 y pre; !uci nq oil and cy.ls w(! 11,, in Ventura Count.y zinc: is :o'. c;ri l : i na cccLz vi t ies on the Anderson Panes as President~ of Cal--Mct_ro 1-etroleum. %,r , Curtis h►'s:; drilled for his own ,iccount and atho. . :; 100 .iellt; .gin the Stat►. Or California . For additional information contact Mr . Robert L . Richardson , ?ctrolvutn Engineer , Ventura , California . torrl�* BIOLOGICAL RESOURCES A8OMMENT NEGA't E DECLARATION NO. 94-33 ZONE CHANCE Rf9QU17-T Prepared for: City of Huntington Leach Department of Development Services P.O. BOX 190 Huntington Blench, California 92640 Prepared by: Miehwal Rrandmen Asaoclates, Inc. 3140 Red Mill Avenue, Suite 200 Coyla Mega, California 92626 (7:14) 641-8042 Contact Person: Larry D. Munsey Octotw 1964 UtTRODUC71ON The biotic composition of the project site is described in this report from Information compllrA through field reconnaissance, supplemented by already existing documentation of biological resources within the project vicinity. 'The site was surveyed on foot by the firm of Michael Brandmpn Assn?!:iates, Inn. (MBA) on Getobowe 15, 19114. Weather at the time of the survey was mild, with a temperature of "13'l?, clear skies and a light westerly Freeze. ne physical nature of the property permittee, e. complete direct examination of ell terrain within its confines. Floral end to in-al constitu+ants encountered were recorded in terms of relative abundance and h.-.-A habitat tyre, and the overall biotic composition of the site was derived fn,7m this lr!ormation c -mbined with documented habitat preferences of regional wildlife Tec!es which, whether or not detected during the survey, are known to Include the site within them- range. Habitat d+esignatioms used in this assessment arc nceordintt to the basic classification system of h1unz and Keel: 0959). Floral taxonomy folio-om the current regiaiml flare of (1974). Vertebrates identified in the field by sight, icalls, tracks, scat or other signs are cited according to the nomenclature of Collins, et M. (1978) for amphibimu and reptiles; AOU (1983) for Lairds; and Junes, et al. (1982) for mammaLs. Authorities used for determination of sensitive biological resource;, are as follows: plants - FW S (1982), CDFC, (1994), Smith, r•t al. (1980) and C.NPDB (1984); wildlife - FWS (:982), CDFG (1980, 1983) and CNUT38 (1934). Additional studies on rare and endangered species in the pi-ojeet vicinity were consulted in the performance of this assessment and are cited appropriately it the following sections. RP.SOURC T-4 DESC-F lTMO", ING K1 UL OVZRVMW The on"are project site is loicateJ within an area known as the Huntington Beach Wetland (CDPO 1982)t a prf,4ominantly pic-klewewd coastal salt marsh locate4 inland Of Poe is Coast Highway (PCH) t.*rttweer, the Unto Ana Myer and Beseh Bouleaard. 'ate projaet site to within a J5.5,-*cPa weetivid parcel bounded by the Southern California B41M (!.+.",E) )owsar pl,nt an the northwest, Hu itington Oftel, Flood 1 0 Control Channel on the northeast, Magnolia Streat on the southeast and PCH an the southwest. IU Huntington Beach Wetland is greatly reduced in site from its original extent (see CDFG 1982 for it detailed discussion), and what remains 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 W&U&nd arts, 115 acres (76.5 percent) remain as viable or readily restorable wetland. The entire system has been cut off from tidal flow and se-veral characteristic salt marsh plants dependent upon daily tidal flushing may have disappeared from t", Huntington Beach Wetland as a result. SITE CH,ARACTE RELATION Vegeta tiara The designation "wetland" is defined by CDFG (LCP 1980) as "lend which may be covered periodicaUy or permanently with shallow water..." and by the U.S. Fish and Wildlife Service (FWS) MCP 1980) as "...land where the water table is tit, near or above the land surface long enough to promote the formation ol.' hsdrlc .soils or to support the growth of hydrophytic plants.r, 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 frkle. The 'vegetation of the flat, one-acre project site is composed of a single p1wt community — coastal salt marsh. Three plant species were recordedt common pieklewW (Salle,ornia vi nica), alkali heath (Fr nk_enitt jrranclif, o1�a) and saltgrass (Di, stich, Us is icata). All of these are native species. 'lie site has Nvorne degraded through lack of tidal flushing. The absence of tidal eashap has resulted in a depatperate spretias diversity In a plant eommunity charaetnrieed by dead and Ong pfekieweed and stagnant pao'is of water. 'ilrra site hoe, aW bom 41A by a number of vehielo trstlls. 2 l�lldlife Most anim•.Ls 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 mamtriah and reptiles an also be expected to occur. AU vertebrates recorded or expected to occur regularly on the site are listed in Table i of the Appendix. Birds are abundant and conspicuous inhabitants of the coastal wetlands. SWr. marshes, salt flats and entuaries boast more species and iUurger eoncentratiors of birds per unit area than perhaps any other ecosystem in temperate North Amwica. However, few species actually nest in local salt marshes. ►lost nesting birds in coastal salt marshes are small, inconspicuous landbirds. One such species, the Belding's savannah sparrow (Passerculus sandwichensis beeldinl 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 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 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 (%lelosj�•ca meelodis) and western meadowlark ;Stuurnella ne lecta) in the upper portions and killdeer (Charadrius voe�iterus) on the salt flats. The most conspicuous mammal In the salt marsh Is the desert cottontail (Sylvil!lms aud uboni). Other mammals presumed to occur in the vicinity are several nocturnal rodents, such as the western harvest mouse (Reithrodontomys Mg,&pt ), house mouse (Mus mus culus), norway rat (Rattus norvelieus) and Hotta's pocket gopher (Thomomyyss bottse). Predators such as the Virginia opossum (Dideb h1 virjinIWW), coyote (Canis latranns), long-tailed womeel (Musteta fre_...:mt!) and striped skunk (Me hitis mephitis) are also Likely to be present. Han and his pets, espw..�;uy dogs, are also signifieant predators In wetland areas olose to urban areas. 3~811 species of lizards and snakes can be expected to oeew along the nsargina of eoStW wetlands within or War the projeat arm. 1U most Ukefy would be the western f"ee lizard (Sfti0arus oecidentalis), sidr-bldtehwd Uswd (VA 11lo bur_.i„em), gopher wake (t�it its melanoleucus) and, perrtm". the aam n os �M 3 0 0,14 0 kirrgwAke tart tulus). Amphibians arR unlikely on the site, as must sPecies are not adopted to a mariner or estuarine existence and cannot tolernk, it •alit environment. SEMB'tME MOLOGICAL REWORCFS Discummd within this section are: (1) Mmeles present onsite which have been affordod special recognition by federal, state or local resource conservation egencies due principally to declining or limited population sixes resulting In moat cases from habitat reductions and (21 habitat areas onsite which are unique, of relatively limited distribution or particular value to wildlife. Species The site was examined fcv the presence of sensitive pant and animal species. No species of plant designated threatened, rat.. or endangered by the U.S. Fish and Wilnife Service (FWS), California Department of Fish and Game (CDFG), or California Native Plant Coclety (C14F,105) r:Rs diselomced by the survey; however, one bird species of concerti occurs within the project site. The state-endangered Belding's savannah sparrow greeds In the pickleweed marshes between the Santa Ana liver and Ocean Boulevard. It has been designated as endangered at the state level as a result of [its decreasing population and its dependenee uport a diminishing resource, pickleweed salt marsh, for breeding. A census of breeding pairs in the Huntington Beach Wetlands In 1977 (Massey 1977) revealed 34 territorial pairs between Heach Boulevard and Drookhurst Street. Another census of E I'm site In 1983 by Wilcox Munt 1984) revealed 90 to 92 pairs breeding between Beach Houlevard altd Rr�A)khumt Street, an area w.`81ch enwmpesm the project site. Durrlrg tiro current assessment, at least three individuals wen counted an the project site and sieveral others were soon in the near Vieinity. Do apparently swbatentiwl inere+aae in neumbees of breeding pain of savindah spwm M eeti4mted fmm the ltuItUnteol Duch Wtt)and br,twew 1977 and ISO is nMpr". 1rMk the hxree awy be revel wtW signi(kUnt, tlta (Wit tlet tM data 4 have been reported by different invtstillators, perhaps usirsg different eensusing techniques and different durations of field effort, could exert it profround effect upon the census results. Even if the increase is real, no c ep'*us dnln for intervening years 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 Bola& Chic& marshes and in Anaheim Bay. Other federal-, and state-Rated endangered species have been observed utilizin` nearby habitat. These are: o California least tern (Sterna antillarum browni), which feeds in estrArine arms and offshore and utilizes a breeding site on luntington Beach legs than one mile from the project site. o California brown pellcar. (Pelecanus oecidentnlis c.•alifornicus), which fishes In the near share waters and breeds locally on the Channel Islands. o Light-footed clapper rail (Rall+us longirostris leu. es), which breeds locally in the cordgrass salt marsh in nearby Upper Newport lay and Anaheim Bey. None of these species currently utilizes the project site. Tidal flushing, if it were restored, might attract the least tern because of the small f i�hes which might then occur in the channels. Only one sensitive coastal wetHnd plant species, the salt marsh bird's beak (Cordylanthus maritimus), has been found in the vicinity of Huntington Reach. It is Usted as endangwred by FWSr CDFG and CLAPS. This specie is found in nearby Upper Newport Bay, but has not been recorded from the Huntington Beach Wetland, nor from the nearby Balsa Chies Marsh. It was once a common plant of the upper salt marsh zone (Purer 1942)9 bout its range has been greatly reduced. Curren!ly, populatlow are known from Tijuana Estuary, Upper Newprxt Bay and Nub lagoon (Zedler 1962). Triis faauttative rsar*mte apparently requires inundation with coal freshwater following hmavy hairs in ot to gtminate. Stream olrarrra►lisa floe for flood control Im diverted storm waters away from salt marshes that were on" wbjeat to periodle freshwater flooding. map s 0 r% Other local rare and endangered plants are found on coastal bluffs in the region but thane are outsid9 the area of concern addressed In '.his report. ramtat An environmentally sensitive habitat is defined by the California Coastal Act as an area in whieh plant or animal life or their habitats are either rare or especially valuable becausa 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 sensitive habitat type within the project area. Wetlands are becoming Increasingly significant in California as they continue to be lost to urban development. They play an important role in providing food and shelter for water-ralated wildlife, Including waterfowl, and are of special concern to various public agencies charged with managing and protecting game and non-game resources. �:- The Department of Fish and Game (1982) has described picklon-weed-dominated salt marshes as among the most productive natural plant communities on earth. Even though mael of the Huntington Beach salt marsh, including the project site, is degraded by lack of tidal flushing and by human overuse, these wetlands are of significant value to wetland-associated birds and have a high annual no±t 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 vehieular traffic to and from the project site, inereased noise areociated with oil rig operation sand fragmentation of existing raft marsh habitat. Construction activity will disturb all wildlife in the vIeinity and many spaeiaa rarer be egMwted to movo to adjacent areas of aimU4r habitat providwd it it avo&bk at the onset of activity. Mlil W$ which db► ernigrnte are perrticulsrly vulnerable to 6 elimination by predation end ismuccessfut competitim for food and territority. , Species of lore mobility and those refusing to emigrate may be eliminated outright by site preparation. Following construction, some species will return to the developed portions of the site providing suitable habitat 1J present, though most will be dislodged permanently by removal of habitat suited tc their existence. To the fjw'erit that they are tolerant of human presence, native wildlife will return to any natural open %aces surrounding the project site following construction and continue to utilize this habitat prorided it ramains relatively unaltered and free- of excessive human disturbance. Indirectly, wildlife populations in the immediate surrounding offsite Press will 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 small sire of the development, however, limits this impact to small native mammal species and resident bird ;peens. The endangered Belding's savannah sparrow will be adversely impacted through Iola ; of approximately one acre of habitat. Night lighting may be detrimental to animals in nearby natural habitats for a variety of reamnx. *Tbes+e include disruption of light-dark daily rhythms and avoidance due to increased exposure to bright lights. Some insectivorous species benefit from lighting because it attracts and concentrates large numbers of Insects for feeding purposes; however, the typical net effeet of lighting is that adjacent areas are utilized by wildlife to less than their fullest extent. MP'l'' GATIOK MEASC►lt$S The pro)eet as proposed specifies the removal of approximately one acre of salt marM vePtation. To the extent that the sturieewiding area (approximately 34.3 acres) remains relatively free of human disturbance It will continue to functice as a eon»pontnt of the natural ow: ,igy of the area ex&,,pt in the immeedlatt vicinity of the rAM developftent. b ordkw to lei any imp cts at the surraeundt. g 4tea4 it is 1"WM tabed that the following mitigation insmirss be ,xxJdareds i 1. A berm should be e:orotiwted around the pro fee-t site in older to isolate It In erase tidal action should be restated. Z. The potentially adverse effects of night lighting on the surrounding saltmatsh can the mitigated by leaving the project site unlighted or by usini low-intensity or silvered globes. The project site itself, however, represents an incremental albeit small enemchment into the Huntington Beach Wetland that is an unmitigable impact of local concern. An alternative to the direct mitigation of project site impact might be the oontribution by the city of Huntington Beach to an oogoing wetland restoration project. Several restoration projects in which the city might consider participation have been propoeed by other agencies. It is recommended that a corasnittment to mace to remove oil drilling equipment at the end of project life. t REFERENCO WED American Ornithologists' Union (AOU). 1983. The Check-List of North American Birds. -6th ed. Allen Press, Lawrence, Kansas. $77 pp. California Department of Fish and Game (CDFG). 1980. At the Crossroads: A Repot on the Status_ of California's Extdangered and Rare Fish and Wildli e. St to of California Resources Agency, Sacramento, California. 147 pp. Addenda. California Department of Fish and Game (CDFG). 1982. Department of Fish and Game Determination of the Status of the Huntington Beach Wetlands. Photocopied ms. 35 pp. California Department of Fish and Game (CDPG). 1983. "List of Endangered, Rare and Threatened Animals of California." Revised June 1, 1983. State of California Resources Agency, Sacramento, California. Photocopied list. 4 pp. California Department of Fish and Game (CDFG). 1984. "Designated Endangered or Rare Plants." Summary list from Section 1904 Fish and Game Code (Native: Plant Protection Act). Revised July 1, 1984. State of California Resources Agency, Sacramento, California. Photocopied list. 5 pp. California Natural Diversity Data Base (CNDDB). 1984. Data Besse Record Search for Information on Threatened, Endangered, Rare or Otherwise Sensitive Species and Communities in the Vicinity of Huntington Reach, Orange County, California. California Department of Fish and Came, State of California .♦ Resources Agency, Sacramento, California. Collins. J. T., J. E. Hukeey, J. L. Knight and H. hl. Smith. 1978. "Standard Common and Current Scientific Names for North American Amphibians and Reptiles." Sac. Study Amphibians and Reptiles. Herj. Circ. 7. Fish and Wildlife Service (FWS). 1987. Endanger-ed and Threatened Wildlife and Plants. Federal Register 50 CFR 17.11 and1 .12. U. apartment of the Interior, Reprint. 13 pp. Hunt, Harold. 1984. "Biological Report for the Orange 1 Widening Project." Water Research and Testing Unit, Transportation Laboratory. Unpubl, ms. 108 pp. + Appendices. Jones, J. K., Jr., D. C. Carter, H. H. Genoways, R. S. Hoffman and D. W. Rim. . 1982. "Revised Checklist of North American Mammals North of Mexico, 1982." Oceas. P . Mus. Texas Tech Univ, No. 80. Local Coastal Program Staff (LCP). 1980. "Background Report for Coastal Element: Environmentally Sensitive Habitats." Local Coastal Plan Task 3.2.7. City of Huntington Beach, California. Masreyo B. W. 1977. "A CAmus of the Breeding Population of the Beldinty Savannah Sparrow in Californis, 1977." Nongame Wildl. Invest. Jots l.f. CalifornW Department of Fish and dame, Sacramento, California. 15 pp. ,l� 9 Munz, P. A. 1974. A flora of S'Qu hrrn California. University of CeUfornia Preat, Berkeley, California. 1 pp, Muna, P. A., and D. D. Keck. 1959. A California Flora. University of CaUfornia Prew,.Barkeley, California. 1681 pp. Purer, E. 1942. "Plant Ecology of the Coastal .Salt t:arshlands of San Diep Cowtty." Ec o1. M2ror. 12:a 2-111. Smith, J. P., Jr., R. J. Colt and J. O. Sawyer, Jr. 1980. Inventor of Rare and Ends erect Vascular Plants of California. Special Pub -Z. nd EdItIW California Native Plint •I-e-ty.-IIS pp. :supplements. Zedler, J. B. 1982. Ttwe Fool of Southern California Coastal Salt Mwvhes: A Community Pro rile. U.S. Fishand W.138fe girvice, o;becal Dery ces Program, Washington, D.C. M/OBS-81-54. 110 pp. 10 APPIMM r � d ' 1 i TABLE 1 FAUNAL COMPENDIUM( i� SE NAL STATIM (ice Only)l`�( I R - resident or found in vicinity rays round s - present In sum m4 a mly . w - winter visitor STATUS * Non-native } Observed during the present survey a h t r f �rrr..rr�rwr.w.�r.Y• ' Gv List Includes speoi,rr obverwed or espect*d to coeeur an w- in the Im mite l vicinity of the site:. NOW (bi only beso+0irtg a*1 orarwinterkV, birds at listed. Migrants and wglrants u� not inolud" RRML ES IGUANIUA1t IGUARM S� us oeeidenR,M�s waatem fen" U,terd Uta stialburiana of a ed li Lard A140UIDAE - ALIJOATOR LIZARDS Cerrhonotus multieerinatus southern a ntor zard COLUBiRIDAE - COLUBRID SNAKES Pit�uo his melanoleucus gopher make Lam2meltis e8.�yus common kingsnake BIRDS ACCIPITR[DAE - HAWKS ' Elands eseruleus R black-sho-ul tred kite Circus c aneus W northern harrier Buteo jamaieensis. R red-tailed hawk FALCONIDAEc - FALCONS Falco MEverlux R American kestrel CHARADRUDAE PLOVERS Pluvialis�sauatarola W ..,._.._.. _ . black-beltlled plover Criaradrius semi rnatur W Cheradrius %vg ftus R r , V♦ •I kECURVIXOSTRWAE - g'T[.!'72 AND AVOC1� Him• to us maxieenm R a -fine stilt Remvirortra amerierna R Aires avocet SCOLOPACIDAE - SANDPIPERS '11rj a m„ els-n 01..�a W greater yellowle Cato tra horns semivalmatus W Wtuet Aetitis maeularia W spotted sandpiper Numentus fteopus W whimbrel Numenlus amerieanus W -" long-bl1Ta C`rTew Limosa fedoa W O" s led godwit ,. Areneria interpres W ruddyturnstone �V. Arenarla melanore&la W ek turnstons Calldris albs W san ear 'ng CaUdris maul W western sandpiper Calldris minutills W �'—Teat ss per Calldris sly,i na W dunlin L lmnodromua iseus W 'sue �r.Ile 'wItcher 'Ll m rodro m us scolo Meeus W long-blued dowitcher L,A►RMAE - JAEGERS, OU'LLa AMI) 'TERNS t ums Oftade1ghia W Bongftme gull Law hoarmanni R Heermann's gull 14 LARIDAE - JAMERl, GDLA AND TERNS (Caryl Larts delaw re a 1r yr J. pft-Mad gull Lanus llfornlaw R � Caufomla gull Lartw occidentalis R .__... w�st�cn COLUMSIDA,E: - PIGEONS AND DOVES 'Lenaida macrours R mourning dove TYRANNIDAE- TYRANT FLYCATCHERS S_a_xc_w' n iss saga w says pUebe ALAUDIDAE - LARKS Fremo hila a_lpeest�ris W hornedai r cT— HIRUNDIKIDAE - SWALLOWS Tachyeineta bleolor W tree swa ow Stelaidopteryx set =nennis S northern rouf._t-winged swallow Hirundo rrhonots S clirfswwa oww Hirundo rustics S barn Wall w CORVIDAE - JAYS AND CROWS Corvus bnchyrhnyhoe It American crow Corvus corax R common even i� MO►TACMLIDAR - Pum Arit lasts M water pot LANIIDAE - SHRIKES i„�ni, luftvieianuus R � ce STURMDAE - STARLINGS It St11 ou vu ris It -' 1 ropean stealing EMBERIZIDAE - WOOD WARBLERS, TANADERSt BUN13NGS AND BLACKBIRDS + Passerculus sandwichensis beldlEtJi n f sparrow MelgVlza melodic R sparrow SturneLla n��lectta�a R western meadowlark tL B�et's b i FRINGILLIDAE - FINCHES Cartodecus mexicanus R home finch MAMMALS DIDELPiiiDA E - OPOSSUMS � Di�..:�vi inisns n opossum SORICIDAE - SHREWS Rom ornatts ornate shrew ld VUVERIMIJONIVAE - EVENING EAI M t ! on C� mycia ' TO It LaWww elnesw �— m" bat AntfgM paindbates� MOLOS3SSIDAE -- FREE-TAILED BATS Tadilrids braslUensts '""' iiz an cae-t,ued bat LAGOMaORPHA M HARES AND RABBIT'S Lax$. ceUf orniew Mck-taLled Jack rabbit + S lvila audubonii desert cot t nt'sU SCIURIDAE -SQUIRRELS rmo hllus beechevi drnia ground squirrel GEOMYIDAE POCKET GOPHERS Thomom ss bottae Bott&ls pout gopher CRICETTDAE - NEW WORLD RATS AND MICE Relthrodontom mggawis western hwvest more Peromnsw maniculatus dew mouse mierotus callfacnicus _...�ME am voles 17 MURIDAR -OLD WOULD &AU AND !lice W. .' Norway rat Mum mgmhm hay mom CAMMAE- WOLVES AND FOXRs nk latr ooyy; � Cs tarnilf V rnest e ON UM Mon cinere2nentdw i*ay fox « YUIM (Wva rid fox PRdCYONTDAE - RACCOONS Pam.. lotor racccx�t MUSTELIDAE - WEASELS AND SKUNKS Mustels frenats Iwq-taUQ weasel it le �acil3e p ted Zi k Mephitis m itis Str"d skunk FELMA E - CATS • FeUs domestlems ao-mutle es"t is MENEM 1, am w: 44rto 04W%9111 i . HO WAVO at Asi# x1mNawinfle at am rots tom'1W C1 .,, .�.�. I. FvrUjWl T1tlr;�Zona Case 44-15/8t94►rive pjc1,4ra_tior 44-33 I..a Aem, City of Hunt ingto 3. CMMWI ""a Howard Zel*tsky .� ..may .�.i� ■, y .M. �tt�t ettrrsMt 2000 main StCeet r._....�....�� 3%. ctt► Runt ingLon Beach A . roftalJ1.1 zslo 92641- sv. p.eaaa"j+,�,�6-�271 Qrancle .�...-.... w cltricw.wny: Huntington jesch 4b. Aaa■a.or's hre! Iw. 4=16 -61� 4a. Sectsau J4 Tbp. 6 ttlr.* 11 �.. nKasa ae,tin►ts: PACUL2 at tkX/Mr se. FMN.w►s. :r..►�+: E. tit tnt■ 2 miles: s. !fats &Sr- tl•i l• 04t0M� sk�i�.tt�a Ala JM! • 1 b' port+► e. rats d. wrvs..._..�L�� CMA Jl. C40MI Plaa tlfattate 01. �As"Ontlal Vests Acr.M �, 06. MX 07. lim Covet 02. OVIve Sq. rt. �:. far 1 f OM 07. MC 03• terry! Pl am Asedra t Aer" 1 ewss 03. X Me ON M. �!M w. �fMstar plat 03. �fNoMuglCwwretal. sq. Vt._.....�.�. 61. �ttrt t t t i R CS. AAM."t t an Ac r"y M t orw+ suppICdWnt1 Os. � spWatic P1sa 01. fe�+ttital Sq. �'ti. tuhr.�tueet rut t�.�a'"� •�. . 07. .Qwatltr Alas Attati Loplar*rra 1 Ql. Mr►r*rJo�t O6. `Pilot ►AC111110s: I= .._ NWA aq. X 412LVr 06. �Trsamp rtaitar Orpr Ursrt r`�. �NDI 11. US 10. Lead 91ttet(M M. M,_„M1atet at eta! ?'IQWiatstaa. Pagel 10. FUMI t:. EA reap. Tract Man. wit. ) Os. Aasr Tipp s)stts v;t A t!. US& Prrw t ON. ttsa tie• Trus tme t Try-- :.1. �.;atnt Goo-aret i:. -%ste 9401 PJaa 10. CKX Iblatsa 14. rtt,s Onrastat 13. Cmwl As tvin trw 11. X O"Wr QL11 JR9 of oil well :S. Nber 14. t)tb*r 10. 7MAL Ate: !t. WM AM c'silm 1.!. pMM-F IRA DIMMM 2 orataa�r 15. -s"Cle sratass n. dater Owllti 01. "albettc/vtaaol Co. �rlOwLet/Oftlsmar is. �bvwr capestt 74. saw tuply cf:. Airtcu:tuml laaa 00. Cmalaglc/JMlar,lc Ill. �Sauat ta. X srtlaad'(11swiaa 03. -Air "Illy 10. ..r. JoAe/?1s"M •rtaae+e is. sosl Evostat :b. L-l11A11irr C.t. �4rch"alosicAI/WLetorlesi il• lusenls tip. Solid Us%* ....0troth 1e44CLs; X Canasta1 Zoe* 1Z. X Ja"M so. _T044c/MUMryow 26. __16e0"Ot1bl• LAWaft rrc. Gcotaaac 13. r'ueltc mrstes 21• T'rstrIC/i'irculatsa. 20. tlwr1411" [t:.ets cf. �nrr gasard 1•c. lcr+�aalM M ......_v41W%attar 30. _00"r -- 13. PMLM ►AM"A) falrral 1 � .. � !tat* I Tnta) 5.,._.._...-..._..._..�_..� : . pra•rr LAID W M =: Vacant/L.U.D. Limited Use District t s. worts* as■�tatcrr>mIl To permit a dAnge of zone from LUD (Limited Use District) to L.U, rr.-01 (Limited Use District - combined with Oil Production) wh would allow for the drilling of oil wells on 1 acre of ]and r i Mn P AVE -nips LY iClaanarra4me, troll ae w 1AWMI►watt aM Wn tar 41A ,*Ct :t a am raMrr .11r*eaet "Ubta tera $Mlw,: *..try ■ If"No IN P�l�l nt"Ame ar tIl'Ur{ .ow ltli tt 1A. _-.... samroM hvnCy► x Q►1UWA joaUiet ,i,+_ soatirnAfttenays Dept, of Tranmactation ling �,.,. Cranslrtratian Aeronautics ,..X, Fish and Caws CR Riglway Psttol F+or+sstzy ,,.� Homirq i Cammity Devi. Colorado River owd statewide Health PL�g Dept. water Resources Health a ecl.amdan .,�... Food & Agriculture Parks and Red _.,,.,, Public Utilities Cam Office of Historic Preservation Public Works . . Native American Heritage Coast Corrections !. S.F. Hay Una. i Dev I t. Capra Ganrral Services Coastal coma► _ 0[A anrgy Cann Santa Mmice Mtns ,.� state L&owxb Coast TR.Pl1 AL iPM1 hir P mourcxs board dPR - OLCA Solid Waste Mgst Board �.. OPR - Coastal .,._...., SWAM S&CW _, Bureau of Land ftmgmm t ...�. RWQC B.- Region - Forest Service Water Rights ,� ;_„ Other: DeMItment of oil i. Gas .,_�. Water Quality Others Date Received at SM Catalog Number Date Review starts Applicant Date to pgw4ias CamLIrant Dite to SCE! contact Phone Wearance Date Address %aw ._.,___. ....., rotes: ..._._...,.,.�..,...._.__. �... ..... WAIT OF csufM"--0IRrO at ne GOVOIC-- �'�;:�� doom MUNAMU AK aomme OFFICE OF PLANNING AND RESEARCH ' SACRUNWO. CA 9014 December 13, 1984 howard Zelefsky City of Huntington Beach 2000 Hain Street Huntington Beach, CA. 92648 Subject: Zone Case 84-15/ Negative Declaration 84-33 , SCH #84111401 Dear ►;r. ; el efsky: to State Clears 4mse subedtted the abr n nrmed proposed NwAt.ive Dicl catift to select state agemias for review. 'i'hs review period is closed and the cm- ments of the imUvi&al agency(iem) is(are) attached. If you would like to dimmm the emw ms and zeao etid�ations in their Cometsiv plea contact the stuff from the appropriate agency(ias) . You may fotmislly respond to the o m i - i .r:g agea:cy(ies) by writing to teas, in- cluding the State Clearinoame naaber an all such eorripoc-Mr.ce. You s1'>ou1d attest to rawlvre any Bono ms of the state igenciam before taking turtber ac- tion on the project. Once you hm respoC:W to the comants, state review of co your draft mvirocerental docummt will be 0cmp1ete. if the project riquires disesetionsry approval fray arty state agency. the Notice of Detarmrxation umt be filed with the Secretary for Resources as well as with the County Cloth. Plaast contact Mark a at (916) 445- 13 if you have any gtmat,ions about the acmiraa'M ntal review prods. Sin*raly. JoM B. 0ha :ian �+Chief uty Die rr NU�,�1Hp-i� soo�� cc: Rlesmim Agabcy E Attachment -0 t U�t- P a. x 'CA %vie aA CAI%wnioi, CA4wg .Dm inww, Gawrrrw .�blcxrwa t�l�ai tvnxni►�ion b)1 Wword 51rW.41h lbw %are franrisro,CaMornii -9 VS tlec@ber 5, 1984 (a 15)Sa»555 Mr. Nark Boehme State Clearinghouse 1400 Tenth Street , goon 121 Sacramento. California Subject: SCH 484111401 , Zone Case 84-15/Kegative Declaration 84-33, City of Huntington Beach Dear Mr. Boehme: 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 initial assessment that the project will not result in substantial alteration of 1 [ land use and natural resources . The site is in an area identified as wetlands , coastal salt marsh with high use 2 by wetland-associated birds (See Department of Fish and Game Determination of the Status of the Huntington Beach Wet►ands , February 4 , 1963, and Commission findings dated 10/6/81 and 11/17/82) . Tnls project may result in filling of wetlands with loss of habitat and adverse impacts to adjacent habitats. The environmental evaluation by the City should reflect the fact that tEre 3 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 be required to restore and enhance wetland values in this area. This report should be considered in preparation of any environmental evaluation of the proposed project. Because the site is wetlands and in an area subject , to Coastal Commission Jurisdiction. the environmental docurrsentation should evaluate the priject 's consistency with provisions of the California Coas• :il Act. Attention should 4 also be given to the Commission's findings on the pr. posed Land Use Plan for ttre City of Huntington Beach. In preparing an environmental evaluatiun an the impacts of the proposed project, 5 particular attention should be fotcsed an impacts on (and policies governing) environmentally sensitive habitat areas (particularly wetlands and endangered species habitats). Section 30233 of the C castal Act discusses wetland protection, including enumeration of the limited allowable uses in wetlands, and the circumstances under which such uses may occur. Its indicated in the LLD w �.. D "% 1 01924 1. Section, the project must be a permitted use and there must be no feasible, lrss. � erivil-umnentally damaging alternative and feasible mitigation a-asures oust be Provided to minimize adverse environment effects . Alternatives examined should include, at a minimum, off-site directional drilling which would avoid filling of any wetlands . Mitigation measures evaluated should consider at a minimum measures to restore wetland resources; control of runoff ; control of noise; 6 b pwovision of buffers to protect adjacent habittts; and protection against possible spillage of crude oil , gas , petroleum products or hazardous materials . Further, the environmental documentation should evaluate whether this project would prejudice planning for the entire wetland area which was denied certifi• 7 cation in the City' s LCP land Use Plan. Section 30604 of the Coastal Act provides that prior to certification of the Local Coastal Program, a project should not prejudice the ability of the local government to prepare a local coastal plan that is in conformity with provisions of the Coastal Act. As indicated in the Commission' s actions on the City' s LUP there are many issues related to energy and environmentally sensitive habitat resources in this area . 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 Conmission. actions . Sincerely, r JAMES W. FURkS r Deputy Director for Land Use ,1k'Rilfllgu cc: Howard Zelefsky, City of Ountington Beach Ken Fellows , DWR Tom Crandall , South Coast M Memorandum = l . Projects Coordinator 4cm; December 5 , 1584 Resources. Agoncy 2 . City of Huntington Beach �� j '/j r? r— 1c.. ri I I J Department of Development Services 11G . 2000 Main street afe Huntington Bench , CA 92648 ��tt•�4 t top" 0*pwtmon1 of KA anti Gonw S"t''010=Zone Change 8#-1S/Negative Declaration 84-33 , Orange County - SCH 84111401 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 n(tar Pacific Coast. Highway and Magnolia Avenue in Huntington Beach . The use: of a negative declaration for this zone change is 1 unaccepatable. Mitigation measures proposed 1n the Biological Resources Assessment are insuffi?dby nt to offset the loss of more than an acre of coastal wetland. he proposed project would be located within wetlands identifi the Department of Fish an Game in its report to the California Coastal Commission entitled "Department of Fish and Game Determination of the Status of the 11antington Beach Wetlands" . Additionally , the proposed project 1 2 located within wetlands known to provide habitat. for the endangered Belding ' s savannah sparrow.- For these reasons a negative declaration is clearly inappropriate parsiant to the requirements of the California Environmental Quality Act, and an KIR must be prepared prior to approval of the requested zone change .,/However , the Department tecommends that the zone change request simply be denied by thu City of Huntington ©each 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 an endangered Pecies , and since the impacts seemingly cannot be reduced to levels of insignificance as i5 required by CEpA . Thank you for the opportunity to review and comment on this project . If you he.ve any questions, please contact tied A . :lorthley Jr . , Regional Manager of Region 5 , at 245 W. Broadway , Saito 350 , Long Beach , CA 90002; telephone number ( 213 ) 590-5113 . ,JWk ! Parnel/11l Director RESPONSE TO COMMENTS ANX NSE TO CONNINTS CALTrORNSA COASTAL COMMISSION: 1 . staff agrees that isisue number five on the initial assessment should be changed to a Byes' response. The project will result in a substantial alteration of energy/utilities if approved . The project will expand the potential for the recovery of energy resources . 2 . See Biology Report prepared by Michael erandcan Associates for discussion of filling of wetlands . 3. The Biological Resource Assessment prepared by Michael Brandman Associates used numerous reports prepared by the Department of Fish and Game an reference for their analysis . See appendix of that document for more detailed Information . 4 . Article 7 ( Industrial Development ) Section 30260 of the Coastal Act states: 'coastal-dependent industrial facilities shall be encouraged to locate or expand within existing sites and sha.11 be permitted reasonable long-term growth where consistent with this division. ' 5 . Section 30233 of the Coastal Act specifically states that the "Diking , filling, or dredging of open coastal waters , wetlands , estuaries and lakes shall be eraitted in accordance •Z e applicable provisions o this vision where there is no feasible less environmentally ftmaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effecter . ' The Biological assessment discussed mitigation measures which would be applied to this project at the us,e permit stage. 6 . The applicant does not have legal access to alternative locations which would provide hits an opportunity to extract gasi'oil from the earth . Further , the coastal commission has indicated to the applicant that off-snore drilling would not be permitted for, the recovery of the energy resource . It should also be noted that tho shallowness of the well dictates drilling directly on site . 6b . See Huntington Beach oft Code and Oil Spill Contingency :1to ( Development Service 1931 ) for mitigation measures for these concerns . 7 . Article 7 (Industrial Development ) of the Coastal Act discusses the compatibility of oil operations with wetlands . A copy of this code section is attached to the report . OPRESPONSE TO DEPARTMENT OF DISH i GAME: 1 . The applicant has indicated to Staff that he would be willing to restore between 1 and 2 acres of wetland as mitigation for this project . 2 . Quote from comment: 'Additionally the proposed project is located within wetlands known to provide habitat for the endangered Belding ' s Savannah Sparrow. For these reasons a negative declaration is clearly inappropriate pursuant to the requirements of the California Environmental Quality Act , and an EIR must be prepared prior to Approval of the requested ;tone change. Section 21080 . 1 of the California Environmental Quality Act states : "The Lead Agency (City of Huntington Beach ) shall have the responsibility for determining whether an Environ- mental Impact Report or a Negative Declaration shall be required for any project subject to the provisions of this division. Stich determination shall be final and conclusive of all persons, Incivang Responirm e c es , unless challenged as provided in Section The State EIR Guidelines further stater in Section 15070 : 'A proposed Negative Declaration shall be prepared for a project subject to CEQA when either : '�- (b) 1 Revisions in the project plans or proposals made by or agreed to by the applicant before the proposed Negative Declaration is released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur , ' NZ : kla ( 2226d ) ram. r� EUGENE R. > OTTCMS 6581 Sutton St. Westminster, CA 92683 (714)897-4813 ?larch 28, 1985 City of Huntington Beach Department of Development Services P. 0. box 190 Huntington Beach, 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 controllable by contemporaneous fluid injection into the same formation being voider; by production. This fluid balance method of control has progressed to the point where Local Governmental Authorities will permit fluid withdrawal without ...� hesitation on this point. Production is continuing from underneath some of thr most. expentiivi, skyscraper Teal estate in the area, along Wilshire Boulevard , Beverl;, Drive and Pico Boulevard, an well as from Lanny other downtown areas . The production from the San Podro Harbor arra , which initially caused subsidence, has been st:abilitte.d by water injectiot; , to the extent that , in some cases, slight rebour hatti been observed . Huntington Beach subsidence. though quite minor in compartson ev-�,n after withdrawal of over 2 ,000,000,000 bbla. of fluid, has been controlled in the same Danner . At present , the California D.n.G. sees no immediate subt+ idence probleron , so long its fluid balance is maintained. The subje-ct area (around the Southern California Edison, }tuntingt(In Beach plant ) is far removed from the r,rciA of maximum withdrawal . and. in no way, will them be more than 1/10 of 1% of this amount of fluid ever be drawn from the subject area . The following passages are from a recwnt D.O.G. Report or, Huntington Beach Subsidk►nce. "A study of recent and historic elevation changes in the Huntington Beach field to detect possible subsidence Was made and the findings of this study are as folloves (1) subsidence activity was observed from 1933 to 1972 and amounted to a maximum of approximately 3 feet; (2) the slaximum current rate of subsidence wits found to be about 1 . 16 inches per year; (3) there :n no indication thst su'vaidence has resulted in the Isnd's being inundated by the sea thus far , but monitoring in this area gill be continued . Water- flooding operations for secondary oil recovery in the field were begun in 1959 by Signal Oil and Gas Company , but no significant volume of water wait Injected until 1965 . The total volume of fluid injected as of December 31 , 1973, amounted to 812 million barrels . For comparison purposes , the valume of fluid extracted from the field as of December 31 , 1973, totaled 1 . 93 billion barrels (cumulative oil attd water production) , or about two-and-one-half titres more than has been Injected. It in noteworthy that a benchmark in the field near Golden West Street Arid Pacific Coast Highway shoved an average subsidence rate of 0. 15 foot per vear fro-ri 1955 to 1968 but decreased to 0. 05 foot per Year from 1968 to 1972, indicating some effect on the subsidence rate from repressuring operations . " Should you have ,any quest ions , pleat a contact ter_ at your convenience. Yours very truly , X Eugene R. Borto s, l�Ci'iE f:.1Y PuliU),!c e Geologist ,� c 1:RT3/ps+b �cc Red. No 1764 � services and basic industries vital to the economic health of the region, state, or notion, public recreat ioh, commercial recreation, and visitor-serving land uses shall not be precluded by other development . Sectlon 30255 . Coastal-dependent developments shall have priority over i other developments on or near the shoreline . Except as provided elsewhere in this division , coastal -dependent developments shall not he sited in a wetland , when appropriate, coastal -related developments should be S accommodated within reasonable proximity to the coastal - dependent uses they support . ( Amended by Ch . 1090 , Stats. 1979 . ) ARTICLE 7 INDUSTRIAL DE'r'F.LOPMENT Section 3C260 . Coastal-dependent industrial facilitit-n ►Nhall he encouraged to locate or expand Within ex i st inq s i ter. and shall be permitted reasonable long- terry, growth where consistent with this division. llowevvr, where new or expanded coastal-dependent induct ria ; facilities cannot feasibly be accommodated consistent with other policies of ' this division, they may nonctheles,, be Fermi ttod in accordance with this section and Sections 3 f1 261 and 30262 it ( 1 ) alternative locations are infeat;ihle or iur-)ry environmentally damaging; ( 2 ) to do oLherwi,e would adversely affect the public welfare; and ( 3 ) .adverse environmental effects are mitigated to the maximum txtetnt. feasible . Section 30261 . (a ) Multicompany use of existing and new tinker facilities shall be encouraged to the maximum extent feasible and legally permissible , except where: to do so would result in increased tanker operations and assoc•i a te-d onshore development incompatible with the land use and environmental goals for the aree . New tanker terninair. outside of existing terminal areas s-hall be !;i Wate d an to avoid risk to environmentally sensitive areas and shall u:; a monobuoy system, unless an alternative ty(�(. of system can be shown to be environmentally preferable ro, it specific site . Tanker facilities shall be designed to ( 1 ) minimize the total volume of oil spilled , 12 ) minimize the risk of collision from movement of other vessels, ( 3 ) have ready access to the most effective feasible containment and recovery equipment for of lspills , and ( 4 ) have onshore deballasting facilities to receive any fouled ballast water from tankers where operationally or legally required . ( b ) Because of the unique problems involved in th4 importation, transportation, and handlinel of liquefied natural gas, the loc.ition of terminal faci t tLic.n. therefore shall be determined solely and exclusively as provided in Chapter lq ( coi+-mencing with Section 5550 ) ut Division 2 of the Public Utilities Code and the provisions of this c) ivi sion shall not apply unless expressly provided in such Chapter 10 . ( Amended by Ch . 855, .gtats . 1977 . ) �- SCCLion 30262 . Oi l and gar. (love1,opmrnt sha l l he tiermi t t ed lr. ,icc.oI-chile e with Section 30260 , if the, to) lowing caner t ions are m►•t : ( a ) The dovelopri:lnt. Ls I)ertatmoJ safely and cunti :; Lent with the geologic card i t i ons of the: well n i te. ( b ) New or axpatided facilities related t(;) such development are consolidated , to the maximum extent feasit,; -- and .legally permissible, unless consolidation will have adverse environmental consequences and will not significantly reduce the number of produe lnU wells , support facilities , or sites required to produce the reservoir economically and with minimal envi r .nnental impacts. /A • ( c) Environmentally safe and feasible s+ihr.e►a completions are uxed when drilling platforms or islands would substantially degrade coastal visual qualities unt use of :such strur. tures will result in substantially le:::. environmental risks . (d ) Platforms or islands will not, bo, nited whore a substantial hazard to vessel traffic might result. (frusct the tom .# `,.. • i facility or related operations , determined in consultation with the United States Coast Guard and the Army Corps of Engineers . (e) Such development will not• cause or contribute to subsidence hazards unless it is determined that adequate measures will be undertaken to prevent damage from nuch subsidence . M 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 finless injection into other subsurface zones will reduce environmental risks . Exceptions to rei nject ir)ns will he granted consistent with the Occan Waters Di ,charge Flan of the State Water Resources Control Board and where adequate provision is mane for the elimination of pet-roleum odors and ' water cluality problems . +'here appropr iat« mO;l i t ur l nq prokj turns to r«!r.o. d bend sijrf ace an.i near--shorn ocean floor moverr.ont:= i ni t iate1 in Iocation-s of iiew larrae- sCaIc! i It; id extr .,et for 4 � on l and r)r nea r :..1)oro., 1,r. t- nt er op#2ra t 1 orris 1_10-iy 1 «: 41 nd sh"A I I cont inue tint i I surfOCV C0111d14t 1011 . h,avI: :.t-,1)i I i 4-Pd . Co.';t :, cal monitoring and mitic;at ion proyrams sha11 1,c> borne by Ii (I(II'd and gag extract ion ope t-d tors . Section 30263 . ( a 1 New or expandk-d :vt i ne r i c-s or pr+L roe IIvin 1 c a I NIC1Ilt ) es, rlOt 00)$ 1'wlsc, cons is Lent w ; Lh do-- provir. ions al this division sha11 be tic-rinj tted if ( 1 ) al ternative locations are not feasible or are more environmur ally damaging- ( 2 ) adverse environmental of f i1,t -; ,art, mi t i qa ted to the maximum extent teasible ; ( 3 ) it is found that not permitting such development would ,adversely al f ect the public welfare ; ( A ) the Facility is not located in a highly scenic or seismically haza rdatis area , on any of Lhe Charine. 1 Islands, or within or eont iguouS to env i ronmvni�t 1 iy sensitive areas; and ( 5 $ the facility i 3 m i tell so an to provide: a sufficient baf fer area to minimize ,adverse impl-ictn on srrrrouncl i ng property . ( b ) In addition to meeting all applicable air eivality standards, new or expanded refineries or pet.ruchemica 1 facilities shall be permitted in areas donicinated ar. air sectiurr' 30411 . (a) The Department of fish and Game and the Fish and Game Commission are the principal state agencie.9 rer;ponsible for the establishment and control of wildlife and fishery inanagerren t programs and neither the commission nor any regional commission shall establish or impose any controls with respect thereto that duplicate or excceo regulatory controls established by such agencies pursuant to specific statutory requirements or. authorization. ( b) The Department of Fish and Cant, in consul tat .- on with the commission and the Department. of Havigation and Ocean Development Boating and Waterway►;, may study degraded wetlands and identify these which can mast feasil)1y t)i: restored in conjunction wirh development (if ..1 :bating facility as Provided in subdivision ( a) !:'f Suction :10233 . Any such study shall include c;onsiderati�,►i of I11 ui the following : i t whether the wetland in so :sl've re l y doilrip(J-� i) anci natural proc:esnes so sub-, tant ia111 impatrcd Oia it is tlC)t. capahle of recovering and maintaining a hit3li level of r••- hiological productivity withaur majcr resLural. 1011 activities . ( 2) Whether ci suh, tantial portion out the degradcd wetland, but in no event less than 75 porcent , can Ia. restored and maintained as a highly prodtict i vi: d( t land ► t; conjunction with a boating facilities project . ( 3) Hihc, ther re.toration of Lhe wetlaio' ' !: n.itt► tal including its: biological productivity and wi l ,-ll iic 11i0l,itat features , can most feasitil;: oe achieved and maintainc-cl in conjunction with a boating faci 1 : ty cit- ahot.heu there at-(! )then feasible ways to achieve such va luny•. . ( c) Thr Legislature finds .-ind declares that salL wnLvi or brackish water aquacul t:urc. a c:oa::ta l -cicp&-_-ndent one which should he encourati;ed to 11.rclment food �:� pP l i c•s a►►d Lo further the policies s; t forth in ChaE)ter d ic•(;►nm(!ncintt wit )► Section 825) of Division 1 . The rx-part►rivnt 4A Fish and ro.-wit' r1ay loentify coastal rites. it deetn►s apl►topriat, ' tot- acivacti ;. ttire facilities. If the department illont i f icy:. 1.11411 sites , ; t shall do so by October 1 . 19800 ,►nil :01.111 by flu• same date t ra ns n i t information i dent i f y i nil %uch s i to i to Lhc: 40W r..- ram. commission and Lhe_y relevant local govet•nmvnL : tjr-an •y . T1iv commission, and where appropriate , local yovs!t•nrn- vnts sha11 , consistent with the coastal planning rvquirerr,�_ttts rat this division , provide for as many coastal sites identified by the Department of Fish and Game for such user a:; are consistent with the policies of Chapter 3 ( commencing with Section 30200 ) of this division . ( Amended by Ch . 1G7 , Stats . 1979 . ) Section 30412 . ( a ) In addition to the provisions set forth in Section 13142 . 5 of the Water Code , the provisions of this section shall. apply to Lhe commi .lion and the State Water Resources Control Board and the California regional water quality control boards . ( b) The State Water Re-iources Control Board and the California regional water quality control boar0s. are the ' Mate agencies with primary re_nponsibi l i ty for the coord;natinn and control of water quality . The State Water i4esource:s Control Hoard has primary t-�?np )nsihil i ty for the , hir�!st :titi �,n of water rights l�ursuttnt to �tppl it�able law. ' The commission shall assure that }proposed dc.-vi! lopment and � local coast ,ll prograris spal1 not frustrate- tho provision!; of this section . Neither they commission nor any reshot. l co"1';iission 3hdl 1 , except as 1)rnvidvd in !,1jhdi ., ir-. ion ( s` ) , modify , adopt conditions , or take any action in vonfiict with arty determination by the. State plater PI.-soure:es Control Board or any California regional water quality cont.rol hoard in matters relating to water duality or the admini ,traLion of water rights . Except as provided in this section , nUtf: tny hfuretn shall hoe interpreted in any way oithr_ r an prohibi - Ine.1 or limtttny the commission , regional commis-== ion , local government , or port clove►rninU 1,ody from exercising the regulatory r_ontroi :: ewer development pursuant to this- dlvi :iion in a tn,-tune*r nr�cer,nary to carry out the hrovis ions of t hi !: 8) ivision. tc ) Any dovelopm-ent within the coastal ;:cane o;- OiLatilt' the coalta l cone which provides service to arty area wl to t n Otte coastal zone that constitutes a t.reatmeilt work shall t)t: r,--vieweo by the commission and any permit, it. insti :s, it any , shall be determinative only vi ih respect. La the following nspectts of such clove lopmont t