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Developer Doesn't Face CEQA Neighborhood Impacts Of Five-Story "Mixed Use" Development -- 95 Units, Half For Very-Low-Income and Half For Low-Income Rents @ 1900-1940 LB Blvd. -- Because Last Year These Councilmembers Approved "Programmatic EIR" For Projects Within "Midtown Plan"
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Developer Doesn't Face CEQA Neighborhood Impacts Of Five-Story "Mixed Use" Development -- 95 Units, Half For Very-Low-Income And Half For Low-Income Rents @ 1900-1940 LB Blvd. -- Because Last Year These Councilmembers Approved "Programmatic EIR" For Projects Within "Midtown Plan"
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(Oct. 26, 2017) -- A developer-sought five-story "mixed use" building at 1900-1940 LB Blvd. comprised of 95 residential rental units (47 for very-low-income plus 47 low-income tenants plus one manager unit) flew through a legally trunacated approval process at the Oct. 19 Planning Commission meeting (held at Veterans Park in Wrigley).
The developer didn't face serious city or public questions about the project's neighborhood impacts because it didn't have to. That's because in 2016, LB Councilmembers voted to approve a "Midtown Specific" land use plan that included a "programmatic EIR," a specific type of Environmental Impact Report that avoids CEQA impact analysis and public discussion of large individual projects by reciting that within the land use specified area, the Council has considered and accepts (with few exceptions) the CEQA impacts of future projects.
On May 24, 2016, the City Council (motion by Gonzalez, second by Andrews, 8-0, Price absent) voted to certify a "programmatic EIR" for the "Midtown Specific Plan" that dispensed with future discussion of most impacts of future large proposed projects within the Midtown Plan's area. Two weeks later, the Council went on to approve the "Midtown Specific Plan" in two votes on June 14, 2016 (motion by Gonzalez, second by Andrews, 8-0, Lowenthal absent.)
The effect of those 2016 Council votes reduced the Planning Commission's role basically to cosidering and recommending a city-staff recommended "site plan review."
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A few public speakers spoke in support (including John Thomas, who chairs LB's Mayor-chosen/Council approved s "Community Investment Co." successor to the dissolved "Redevelopment Agency"). A representative of the YMCA (which plans to occupy the ground floor of one of the two buildings) testified in support. Some neighborhood residents spoke in opposition. One Planning Commissioner inquired about security (and was told there'll be security cameras.) Another asked about loitering around the commercial mixed uses (and was told by staff that the city has powers to deal with that.)
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A representative of the developer, LINC Housing Corporation, effusively described its project (dubbed the "Spark at Midtown") as part of the area's renaissance. The developer is a non-profit entity whose 12 member governing board of directors includes former 1st dist. Councilmember, retired Assemblymember and now Mayor-Garcia-appointed Harbor Commissioner Bonnie Lowenthal.
In a few minutes, and without audible opposition by any organized Central LB or Wrigley neighborhood group, the deal had the Planning Commission's voted blessing. Within hours, Mayor Garcia Tweeted his enthusiasm for the outcome.
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The next day a City Hall release said the project "will feature a mix of one-, two-, and three-bedroom units for individuals and families earning between 30% and 60% of the area median income, including 47 units reserved for households experiencing homelessness or at risk of experiencing homelessness. The development will also offer 12,388 square feet of ground floor neighborhood-serving commercial retail, a new Young Men’s Christian Association (YMCA) office, and support service offices.
In the release, Mayor Garcia stated, "Long Beach is committed to expanding quality, affordable housing for communities of all incomes who want to call this great city home...The Spark will provide greater housing access for families and promote the revitalization of the Long Beach Boulevard corridor."
The release quoted LBCIC chair Thomas as saying the "Long Beach Community Investment Company is working to bring forward high quality residential projects along transit corridors, offering greater mobility and access to job centers...It is essential to support every segment of our community by providing increased housing opportunities in thriving neighborhoods."
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The Long Beach City Council similarly applied a "programmatic EIR" to its 2012 approval (motion by then-Councilman Garcia) for the "Downtown Plan" which enables greater downtown density and higher high rises. (The Downtown Plan's programmatic EIR has made it more difficult, although not impossible, for LB Citizens for Fair Development and nearby Alamitos Beach residents who are currently challenging the impacts of a developer-sought seven story residential building at 320 Alamitos Ave. LBREPORT.com coverage here.)
The Council's Sept. 19 approveal of SE LB area zoning changes (SEASP), which allows increased building heights 5-7 along part of PCH in and around 2nd St. likewise applied a programmatic EIR.
And LB city staff has specifically proposed using a "programmatic EIR" for its proposed citywide Land Use Element revisions that advocate increased density in varying intensities at multiple locations across the city, saying a programmatic EIR is especially appropriate for such a plan.
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In these ways, Long Beach elected Councilmembers and non-elected city staff can, and in some cases must, apply reduced CEQA public rights and other Sacramento-enacted laws in approving developer-desired projects and/or land use changes that facilitate them.
City staff's memo on the 1900-1940 LB Blvd. "Spark at Midtown" project (is visible here. It notes that "density bonuses" and "incentives" or concessions trigger "ministerial" (clerk approved) actions and explains on memo page 5 that under Sac'to enacted laws why they apply.
The 1900-1940 LB Blvd. project is alongside Metro's Blue Line (about a block north of PCH) making the area a location where Sac'to legislation and city planning staff say increased residential density and eased parking requirements make sense The developer will provide 140 parking spaces, comprised of 115 (of which 29 are tandem/two car spaces assigned to the same residential unit) plus 25 others. Staff says the 140 total exceeds 74 "required" parking spaces based on the developer seeking to apply Sac'to allowed unit/parking ratios in CA Gov't Code section 65915(p)(3).)
On a separate but parallel track, SB 35 [enacted last month without City of LB opposition with the "yes" votes of LB-area state Senators Ricardo Lara (D) and Janet Nguyen (R) and Assembly Speaker Anthony Rendon (D, NLB-Paramount), opposed by Assemblyman O'Donnell (D, LB-SP)] will as of Jan. 1 let developers use a "streamlined" process (multiple CEQA rights erased and City Hall discretion reduced) to gain near automatic city approval for certain developer-sought multi-unit residential projects (subject to a number of bill provisions.)
SB 35's full text can be viewed is at this link. Numbered pages 11-23 show how SB 35 would curtail public input and local parking requirements and certain City Hall discretionary decisions.
