(August 20, 2006) -- After a four hour proceeding with speakers stretching beyond the upper rail in the City Council Chamber, LB's Planning Commission voted 4-0 (Yes: Jenkins, Winn, Rouse, Gentile. Absent: Greenberg, Stuhlbarg, Sramek) to certify an Environmental Impact Report (EIR) for the Studebaker/Loynes ("Home Depot") development...along with a "Statement of Overriding Considerations" that effectively accepts negative traffic impacts acknowledged by City Hall.

The August 17 action by City Hall's non-elected Planning Commission (Council-approved appointees of former Mayor Beverly O'Neill) is virtually certain to be appealed to the City Council...with some opponents indicating publicly that they're prepared to pursue the matter in court if necessary.

Opponents (in the majority at the hearing) included homeowners and environmental advocates...who cited traffic impacts (some acknowledged as significant by city staff), threats to the adjacent wetlands and possibly diminished property values.

Supporters included city staff, the developer and some consumers and supportive homeowners who cited the benefits of removing the current tank farm eyesore on Studebaker at Loynes plus additional mitigation on and off site, a forecast of $600,000+ in annual City Hall revenue and shopping convenience as reasons for supporting the Home Depot "Design Center."

The Planning Commission vote capped a four hour proceeding in which the developer was represented by attorney/advocate Doug Otto, Esq...a former LB Planning Commissioner, now a member of the elected LB Community College Board of Trustees.

Mr. Otto introduced CSULB Economics Dept. Chair/Professor Joseph Magaddino who presented supportive testimony:

Prof. Magaddino indicated the development would produce 218 new jobs (163 conservatively estimated at the Home Depot). He noted that without a change in zoning (requested by the applicant), the 20 acre site would readily serve as a container yard; Home Depot has options to locate elsewhere, potentially including the Seal Beach Boeing site; and failure to develop the Studebaker/Loynes site "would remove over $2.5 million in traffic mitigation measures" accepted by the developer.

"As one who studies the Long Beach economy, I believe that this proposal adds to the vibrancy and strength of our local economy," Prof. Magaddino's testimony indicated.

Prof. Magaddino has previously and separately produced a report citing contended economic benefits of locating an 80+ million gallon Liquefied Natural Gas (LNG) facility in the Port of LB roughly two miles from downtown LB. He has also separately produced a report citing claimed economic benefits from LB Airport.

To view Prof. Magaddino's remarks as prepared for delivery, click here.

Among those present for much of Home Depot Planning Commission hearing were LB Harbor Commission president James C. Hankla (retired LB City Manager) and Sea Festival chief Chris Pook. Neither testified personally...but in his rebuttal to opposition testimony, Home Depot attorney Otto indicated Mr. Hankla was unable to stay through the entire lengthy proceeding but supported the project [drawing audible jeers from parts of the audience]. Mr. Otto attributed to Mr. Hankla the view that "in every single retail development that has been proposed has been objected to by citizens, every single one. He [Mr. Hankla] said and invariably when those developments are built, the people use them."

Attorney Otto continued, "I remember personally the outcry about Marina Pacifica. I remember further back than that the outcry about the development of the shopping center at the corner of 7th St. and Bellflower, where the Ralphs supermarket is and the Longs Drug, and everybody had placards up from the neighborhood saying you can't put this in there. If you tried to take that away from them now, they'd scream bloody murder. This is a good project. We ask you to support it."

As with the EIR to expand LB Airport's permanent terminal area facilities, the Planning Commission advanced the EIR despite specific alleged EIR deficiencies cited by opponents.

Among those testifying in favor of the Home Depot project was Theresa Bixby, who indicated that she and her husband are eleven year residents of the immediate area.

The EIR and city staff acknowledge that the Home Depot development will create a number of negative significant impacts it calls unavoidable, including traffic and circulation impacts at Studebaker/SR 22 (westbound), PCH/7th, PCH/2nd and Studebaker/2nd Street. And when the Seaport Marina development is added to the cumulative analysis, the impact would also be felt at Studebaker/SR22 eastbound.

That drew stinging testimony from Lee Whittenberg, City of Seal Beach Planning Director, who said the EIR didn't adequately address traffic impacts at the 22 freeway and Studebaker Rd. Mr. Whittenberg said that if the project were being built in Seal Beach, his city would have imposed $2 million in additional fees on the developer to deal with regional traffic impacts.

Mr. Whittenberg added that Seal Beach plans to raise the similar issues with LB City Hall regarding the advancing Seaport Marina project at 2nd St./PCH.

Hayley Brandt noted that Prof. Magaddino's analysis cited benefits...and she proceeded to cite costs

Melinda Cotton opened her testimony by noting she's a past president of the Belmont Shore Residents Ass'n, served on the Mayor's Transportation Task Force, and as a 23-year LB resident has been part of many community and planning efforts, including the General Plan update that began two years ago. [W]e have no updated plan for this area which is a major, major problem and that's why I oppose [the Home Depot] development," Ms. Cotton testified, and continued:

Ms. Cotton said Home Depot's representatives have contended that the EIR's traffic mitigation efforts to rebuild and upgrade traffic signals at seven locations are improper, wouldn't help traffic, and the 2nd/Studebaker mitigation measure to add westbound-through lanes is infeasible and improper because it would require third part consent to contribute private property to the mitigation effort. She noted that Home Depot asked to have those mitigation measures rejected and removed from the EIR, which Ms. Cotton said "leaves the City of Long Beach and its residents and visitors with horrific traffic conditions through this eastern gateway to the city. We ask that you reject this EIR and this project until there's a proper plan for this area of the city."

California Earth Corps president Don May testified that he's among the third parties that own part of the property which city staff suggests might be used for traffic mitigation. "This property is not available. It cannot be by deed restriction," Mr. May said. "There is no way that you can mitigate the traffic impacts of this project. That is a flat statement. You cannot do it. And that's the reason they're asking you to adopt the Statement of Overriding Considerations. We will get no mitigation for adverse traffic impacts, make no doubt about it...I would suggest that this Commission look at what other cities do...They require that if a developer does not meet their conditions of approval, they're reviewed once a year, it brings it back for a de novo hearing on a conditional use permit."

To view written testimony submitted by Mr. May on behalf of California Earth Corps, click here.

Some opponents noted that the project basically requires using bridges for ingress and egress, infrastructure that could not be easily widened. Still others said PCH/2nd Street already backs-up in parts of the day even without the added impacts of the Home Depot and Seaport Marina developments.

In his rebuttal, Home Depot lawyer Otto and City Traffic Engineer Dave Roseman said the EIR's traffic forecasts were conservative...and using the methodology used by other government entities many of the intersections would be rated higher.

City staff said the Home Depot project would replace a heavy industrial use with a community-serving retail development, remediate a contaminated site, provide an attractive site design, add voluntary green elements, contribute to Loynes Drive maintenance and create off-site open space at 7th Street.

This didn't impress veteran LB environmental advocate Ann Cantrell. "You can build a Home Depot anywhere. There's only one place left for a wetlands," she told the Planning Commission.

During the hearing, observer Chris Pook shares a word with Home Depot attorney/advocate Doug Otto.

Retired LB management-level planner/demographer Jack Humphrey was among those testifying in support of the project...and against the concept of a moratorium (backed by some project opponents) to create a master plan for SE LB. "In my opinion, both city staff and the applicant are to be commended for providing assurances that upon its completion, this project will be everything that it is promising to be: a higher and better use for a property currently in serious need of redevelopment," Mr. Humphrey said, adding that the entitlements requested are consistent with the required findings set forth in LB's zoning regulations.

Later in the hearing, 2nd district resident Bry Myown took aim at Mr. Humphrey's testimony: "In my twenty years in Long Beach, I have been before this body repeatedly as every last bit of open space was devoured for big box retail...[T]hat so many speakers this afternoon have told you this will serve an economic need the city needs to ameliorate its bad financial condition argues that your predecessors have equally failed to protect the city's environment or its economy...This city needs a big box and a wetlands moratorium...Otherwise you will make our coastal plan as big a joke as our name 'Long Beach' has become," Ms. Myown said.

Other salient testimony:

Gabrielle Weeks testified on behalf of the LB Greens in opposition to the project, noting that minimum legal standards don't mean the project has the support of the community.

Thomas Marchese, Los Cerritos Wetlands & San Gabriel River Study Group, VP & Legal Liaison for University Park Estates, compared the proposal to the 1970s-80s idea to turn 7th St. into a crosstown freeway: "If justice, fairness and common sense are here in this noble here today, this wetlands Home Depot will join its rightful place in zoning commission infamy. If this bad idea doesn't serve as precedent of what a community and its commissioners can say no to, then no such precedent exists."

Members of the public wishing to testify were required to sign cards, then told stand in line in some cases for well over an hour...only to be told midway through the proceedings by the Commission chair that they'd be limited to two minutes instead of the usual three minutes.

When the Planning Commission made its unanimous votes to certify the EIR and add a Statement of Overriding Considerations, comments such as "big surprise" could be heard from an audience area with opponents.

Project supporters smiled and shook hands.