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Council Votes 7-0 -- Without Any 1st Council Dist. Elected Rep -- Denying Appeal And Effectively Rejecting Concerns By North Pine Neighborhood Alliance (Residents Usually Supportive Of High Rise Density) -- To Approve 3rd/Pacific Residential/Comm'l Development (23-Story Tower + 8 Story Adjoining Bldg.)


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(Nov. 13, 2019, 11:30 a.m.) -- At its Nov. 12 meeting, the City Council voted 7-0 (Richardson absent, 1st dist. vacant) to deny an appeal (pursued on CEQA grounds), rejected concerns raised by the North Pine Neighborhood Alliance (nearby residents usually supportive of high rise density) and approved development of a 23-story tower comprised of residential units above commercial uses and an adjacent 8 story commercial/residential building at 131 W. 3rd St. (east side of Pacific Ave. between 3rd and 4th Sts.)


Image source: Ensemble website

The two buildings will put 345 residential units above 14,481 sq. ft of retail with 563 parking spaces and 128 bicycle parking spaces on land that city staff's Sept. 19 Planning Commission materials indicated was in escrow to the developer Ensemble Real Estate Investments, Inc.

The project location is 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. [Councilmember-elect Mary Zendejas, who outpolled opponents in a Nov. 5 special election, won't be sworn into office until mid-December.]

[Scroll down for further.]








The appeal of the LB Planning Commission's Sept. 2019 approval vote was filed by the Oakland-officed environmental law firm of Lozeau and Drury representing a group of [law firm letter text] "individuals living and working in and near Long Beach." The appellants argued that the project creates impacts (including air pollution impacts) beyond what the "Downtown Plan" program EIR considered and said CEQA requires the City to perform a tiered EIR while city staff contends an Addendum to the Program EIR is sufficient. (The City has used the Jan.2012 Council-adopted Downtown Plan's Program EIR to speed approval of other higher high rises and denser development.)

City staff supported the project, said the development consistent with the Downtown Plan approved by the City Council in 2011 (by Councilmembers who included Robert Garcia and Suja Lowenthal.]

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.)

Nearby residents -- including the North Pine Neighborhood Alliance comprised of residents accustomed to and generally supportive of high rise density -- voiced concerns with the project, urged the Council to grant the appeal and said the development doesn't provide affordable housing units and called its 23-story tower building too tall for the neighborhood.

Opponents weren't limited to nearby residents. Corliss Lee, founder of the Eastside Voice said. her opposition stems from building plans she called extreme in blocking views and sunlight, would cause parking and traffic problems on a large scale and include only market rate housing.

Some downtown residents offered supportive podium testimony. One woman said she enjoys living downtown without a vehicle and said the 3rd/Pacific development encourages transit use. A representative of the Long Beach Area Chamber of Commerce also testified in favor of the development.

Sponsor

Sponsor

Ensemble's website describes the "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.

Sponsor

Sponsor

Public records indicate that at least three LB Councilmembers who voted on the appeal, and Mayor Garcia who presided at the appeal hearing, 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. (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.)

Sponsor


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

  • The North Pine 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-adopted "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.

Sponsor

Sponsor

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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