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Some Downtown LB Residents (Accustomed To/Usually Supportive Of High Rise Density) Say Proposed 3rd/Pacific 23-Story Tower Is Too Tall, Impacts Go Beyond "Downtown Plan" Pgm. EIR; City Council Will Decide Their Appeal Nov. 12


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(Nov. 11, 2019, 9:40 p.m.) -- On November 12, 2019, the Long Beach City Council will hold a formal hearing on an appeal filed by an Oakland-officed environmental law firm representing a group of [law firm letter text] "individuals living and working in and near Long Beach" after LB's Planning Commission voted on Sept. 19 to approve a development proposed by Ensemble Real Estate Investments to build a 23-story tower and adjoining 8-story building on the east side of Pacific Ave. between 3rd and 4th Sts. (131 W. 3rd St.)


Image source: Ensemble website

The two buildings would put 345 residential units above 14,481 sq. ft of retail with 563 parking spaces and 128 bicycle parking spaces. City staff's Sept. 19 Planning Commission materials indicated that the City owns the land which is (or was as of that date) in escrow to Ensemble.

The proposed development in the 1st Council district...which hasn't had a Council representative since mid-June 2019 (when the prior incumbent was elected to the state Senate) and doesn't have a 1st dist. Councilmember now who'll vote on the matter. [Councilmember-elect Mary Zendejas won't be sworn into office until mid-December.]

Nearbyh residents argue, in essence, that the proposed 23-story high rise tower is too tall and the appellants say project as a whole creates impacts (including air pollution impacts) beyond what the "Downtown Plan" program EIR considered. (City Hall has used the program EIR to speed approval of higher high rises and denser development.)

Ensemble's website describes its proposed "3d+Pacific" development as follows:

[Ensemble website "project overview"] The proposed 3rd+Pacific project is a mixed-use development consisting of 345 residential units and 16,000 square feet of retail commercial space. The development proposes two buildings –a 23-story high rise building at the south portion of the site, and an 8-story building at the north end of the property. Both buildings offer ground floor retail, with apartments rising above. A proposed pedestrian-focused paseo re-envisions the existing alley and energizes the space between the two buildings. Parking for the site will be provided via two levels of underground parking for each building. The north building also has one level of parking at grade, and a second-floor parking level. The high rise building features four additional parking above the ground floor, extending from the second through fifth floors. The project was developed in accordance with the Downtown Plan design guidelines and combines bold architecture with an enhanced pedestrian experience in using varied materials, massing, active uses at the perimeter of the ground floor and in a central paseo.

[Scroll down for further.]








At the November 12, 2019 City Council hearing, LB's Councilmembers will be asked to vote on whether to sustain the appeal or to deny the appeal of the Planning Commission's approval of the development.

Public records indicate that at least three LB Councilmembers who may vote on the appeal, and Mayor Garcia who will preside at the appeal hearing, have received campaign contributions and/or contributions to their "officeholder accounts" from Kambiz Babaoff, listed on Ensemble's website as the firm's chairman and in several campaign reporting documents as its managing director. Although the issue is for LB's City Attorney to decide, to our knowledge the City Attorney's office has historically taken the position that such contributions don't disqualify Councilmembers from voting on appeals of Planning Commission actions or prevent LB's Mayors from presiding at appeal hearings. (The sums are public records accessible on the website of the LB City Clerk's office; we list them below in the interest of full disclosure.)

  • 6/30/17: Councilwoman Lena Gonzalez for City Council 2018: $400 [elected to state Senate in June 2019]
  • 4/28/17: Suzie Price for City Council 2018: $400
  • 3/21/19: Councilwoman Suzie Price officeholder account: $750
  • 2/17/18: Councilwoman Stacy Mungo officeholder account: $750
  • 9/27/17: Stacy Mungo for City Council 2018: $400
  • 5/16/19: Councilwoman Al Austin officeholder account: $750
  • 4/26/17: Garcia for Mayor 2018: $800
  • 12/31/18: Mayor Robert Garcia officeholder account: $500

(Mr. Babaoff also contributed sums to the unsuccessful 2016 2nd dist. Council campaigns of Joen Garnica (12/28/15: $400) and Eric Gray (4/18/2016: $400) and to 7th dist. Council campaign of Jared Milrad (2/15/18: $400.)

City staff has recommended approval of Ensemble's proposed development. City staff's November 12 hearing memo can be viewed here. and follows staff's similarly supportive Sept. 19 Planning Commission agenda memo (which included additional details.)

Sponsor

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In written materials submitted by the public for the Sept. 19 Planning Commission hearing:

  • The North Pine Avenue Neighborhood Alliance (comprised of residents accustomed to and mainly supportive of downtown density) stated that it "strongly opposed" the 23 story tower and asked the Commission only to approve the design and construction of the proposed 8 story mixed use building.

  • The president of the Cedar Towers Condominium Ass'n (HOA) didn't oppose the project but urged minimizing impacts to current residents.

  • LB's Downtown Long Beach Alliance (DLBA) supported approval of the proposed development.

  • The law firm of Lozeau and Drury (website text: "an environmental law firm representing non-profit environmental and recreational groups, labor organizations, neighborhood associations, and Indian tribes in their efforts to create and protect livable neighborhoods and cities, clean up air and water pollution, protect endangered species, protect open spaces, reduce exposures to toxic pollutants, and create clean, safe jobs") submitted materials on behalf of "the Supporters' Alliance for Environmental Responsibility ("SAFER") and its members living and working in and near Long Beach." Its Sept. 19 letter, which also serves as the basis for its Nov. 12 appeal to the City Council, says "there is substantial evidence that the Project will have significant impacts not analyzed in the 2011 PEIR [program EIR]." [The PEIR was foundation for the fateful Jan. 2012 Council-approved "Downtown Plan" (supporters included then-Councilmembers Robert Garcia and Suja Lowenthal) which invited increased downtown building heights and density.]

To view salient written public materials submitted for and against the proposed development at the Planning Commission hearing, click here.

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Sponsor

The Planning Commission voted 5-0 (Yes: Perez, Templin, Verduzco-Vega, Christoffels, Lewis; Absent: Cruz and LaFarga) to approve the proposed development. The "Supporters Alliance for Environmental Responsibility" then filed the appeal that will come to the City Council for the November 12 hearing.

In a letter dated Nov. 5 (and addressed to the Planning Commission which had already voted), Susan B. Cohen (indicates she owns a condominium in The Willmore [315 W. Third St.]) said she works in northern CA and won't be able to attend the appeal hearing, but wrote the following in opposition to the 23-story tower:

...This building is out of character for this portion of Long Beach, will create horrible traffic on Third St., and hamper views from smaller buildings...

...I have no illusions whatsoever that you will pay any attention whatsoever to my objections, since I believe that the City wants this enormous 23 story structure to be build regardless of the detriment to the current owners and residents in the area. Proceeding with this project will negatively change the character of the Third Street corridor.

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