Divided LB Planning Commission Says Yes to EIR, 12 Stories

After nearly six hours of debate and discussion on the fate of a proposed development at Second Street and Pacific Coast Highway that would be the largest in memory for the area, the Long Beach Planning Commission narrowly approved a zoning change that will move the project forward.

The Commission voted Wednesday night to accept or certify the environmental impact report, and voted to pass Alternative 3 — which allows for 12 stories, 275 residential units, 100 hotel rooms, 175,000 square feet of commercial space.

David Malmuth, the developer hired years ago by property owners Ray and Amy Lin of Takisun, Inc., said Wednesday night's meeting and approval of Alternative 3 and the EIR means “we have a project.”

“We are excited and feel great,” he said. “I think we have a viable project, we are anxious to revise the site plan in accordance with Alternative 3, bring it back and get planning commission's approval and move on to City Council.”

The commission voted 4-3 for the zoning changes, which in some respects are the bigger deal to opponents of the project who fear it will clog traffic -- as the EIR acknowledged, noting that 25 intersections would be impacted by it. Then the Commissioners unanimously certified the environmental impact report for the project. The significance of that, in part, is that the maximum-size scenario put forth in the EIR may potentially still be approvable by the City Council.

Commissioners Becky Blair, Donita Van Horik, Leslie Gentile and Melani Smith voted for the zoning change. Commissioners Alan Fox, Charles Durnin and Philip Saumur were opposed.

The commission passed a recommendation to amend Local Coastal Program (LCP) and Southeast Development Improvement Plan (SEADIP) consistent with Alternative 3, which reduces residential density by 50 units, while still allowing up to 12 stories in height.

The submitted request for the complex at Second and PCH, as originally proposed, would have included 325 residential units, 191,000 square feet of retail space, a 100-room hotel, 21,000 square feet of non-hotel restaurant space, a theater, a marine science learning center and 1,440 parking spaces.

But Malmuth is satisfied with the new site plan, and said it will not only be economically viable, but also a beautiful addition to the community.

Alternative 3 does eliminate the theater. But Malmuth said that the theater isn’t entirely off the table, though at this time will not be included in the site plan because the revenue will not cover the cost.

“Basically, the reduction of 50 units took some of the economic revenue,” he said. “The theater is a $4 million expense, and we can’t afford that at this time, because we will not be able to make back that money. It is not prohibited; if we can finance it a different way, we will, but this is the guideline that we will use.”

The approved alternative is the first of its kind in East Long Beach, prior to Wednesday night's vote, current restrictions capped all building heights at 35 feet. 

Commissioners also went against a suggestion from the city staff report which supported capping residential building heights at 75 feet, or six stories. The report says it would allow a hotel of up to 120 feet “to accommodate public access to marina and ocean vistas rather than privately owned residential uses,” which the Coastal Commission is entrusted to protect. 

The public would not have access to a privately-owned tower of condos in the same way it would with a hotel that anyone could stay at and visit. Critics have said that a change in the SEADIP zoning code would open up the whole east side of Long Beach to high-rise projects when, by definition, it was meant to protect coastal areas belonging to the public from building beyond three stories.

Elizabeth Lambe, executive director of Los Cerritos Wetlands Land Trust, said in an email prior to Wednesday night's meeting that “a vote to change the local zoning (to allow 12-story buildings and residential use) would be illegal since it violates the Coastal Act and current regulations for the area and should certainly result in the whole issue being rejected at one point along the way (either at the Coastal Commission level or if it ends up in court).”

Lambe, and residents and business owners who say they want a project -- but one that the 30-year-old SEADIP already allows, such as a hotel -- are particularly concerned about traffic worsening at what's already the 50-square-mile city's most-congested intersection. The EIR's finding that 25 intersections would be significantly impacted by the project included some for which there could be no remedy. It was not immediately clear how the EIR could be certified when it states that further traffic and air pollution study would be required, because the latter would be unhealthy by the start of construction.

On the other side, supporters, who showed up in green 2nd+PCH T-shirts, say the project will not only create jobs, but be a beautiful attraction for the community. There are everyday people who support the project but there's also been an aggressive media campaign, I-Pad giveaways to those who will ''like'' 2nd+PCH's Facebook page and endorsements from many in the Long Beach establishment, from ex-Mayor Beverly O'Neill to ex-City Manager Jim Hankla.

Malmuth said that the next step is revising the original site plan so that it meets the commission's approved guidelines. The group will then return to the commission on Nov. 17 for approval of the updated plan.

If approved, on Nov. 17, the project will then move to the City Council for a vote. 

“We are anxious to revise our site plan and bring it back to the Planning Commission for approval,” he said. “Tonight’s meeting means we have a project. There were a ton of supporters and we are excited to make the changes and move on to the next phase.”