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August 15, 2008 COYOTE MEETING
Councilwoman Schipske will be hosting a meeting at the Senior Center on Studebaker Road. UPENA has been invited to the forum. They will be dealing with the coyote issue.
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Office of Councilwoman Gerrie Schipske
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Community Forum - Living With Wildlife in Long Beach
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Community Forum
"Living with Wildlife in Long Beach"
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Monday, August 18
6:00pm
El Dorado Senior Center
2800 N. Studebaker Rd.
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I encourage you to attend a community forum I am hosting about living with wildlife in Long Beach. Attend and learn about the coyote population in Long Beach and get answers from wildlife professionals.
Joseph Torres from California Fish and Game will present information on "Living with Wildlife" in Long Beach, a presentation with an emphasis on the coyote population and behavior.
All residents are welcome to attend.
For more information about wildlife in Long Beach, please the City of Long Beach Animal Care Service web page:
http://www.longbeach.gov/acs/tips/wildlife
For more information on the meeting, please contact the Office of Councilwoman Gerrie Schipske at 562-570-6932 or district5@longbeach.gov.
I look forward to seeing you on Monday, August 18, 6:00pm, at the El Dorado Senior Center.
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Hi Pat, I had not been on my e-mail for some time and was surprised to see all the postings about a coyote that was injured and a nuisance and threat to kids and domestic animals. All the postings appear to be describing the same coyote. This should be of some interest to the Fish & Game or Animal Control or whoever the proper authorities are. Since when do residents have to be held hostage by a wild animal with no help from organizations that our tax dollars pay for. Just want to let you know that my daughter was out jogging around 10 p.m. Wednesday and spotted an injured (probably the same) coyote trotting down Laurinda. The coyote did not approach her but did not run away from her either. Since seeing the postings, it is obvious that this animal has lost its fear of people. I called Animal Control, and was transferred to the Fire Department dispatch as it was after hours. They said they would contact the proper authorities. Not sure if anyone ever came to investigate. Hope they get involved and trap this coyote (and if injured treat him) before releasing him in a more user friendly environment. Thank you for keeping us posted...Susanne --------------------------------------------------------------
Hello,
I live at 370 Daroca. My daughter spotted this coyote that she calls "Gimpy" several times late at night. She has also seen one or two others. I doubt Gary DeLong will do anything. I contacted his office for help on a couple of issues but he "blew me off."
Prior to this, I lived in Jackie Kell's district and on any probelm I had, her office gave our neighborhood and my family immediate help. Either Councilman DeLong did not have the connections and power to address the problems I brought to him, or he was not interested in helping someone who opposed him on Home Depot.
Vector Control may be more helpful in this instance. If it is any consolation, even NYC and Washington D.C. have a coyote problem. They travel down the river and canal system in the East that runs from the Canadian border to the Chesapeake Bay.
Karen Oknayan
August 1, 2006 - from todays Press Telegram
Home Depot plan for East Long Beach dies but developer has other ideas
By Karen Robes Meeks and Joe Segura, Staff Writers
Article Launched: 08/01/2008 05:36:56 PM PDT
LONG BEACH - Home Depot has pulled the plug on plans to build a home-design center in East Long Beach, but plans to develop the land are still moving forward.
The decision, in part, is based on the company's move to achieve "capital efficiency," during a period of economic woes, a spokesperson told the Press-Telegram on Friday.
"The Home Depot is currently not moving forward with its plans to build at the proposed Long Beach site," said Kathryn Gallagher, senior manager of communication for Home Depot's western division.
However, the developer - Tom Dean of Studebaker, LB LLC - made it clear that it was not vacating plans to build on 16.5 acres east of Studebaker Road at Loynes Drive.
"We look forward to working with local officials and the community in providing a successful project on the site that the majority of Long Beach residents agree needs to be improved," said Mike Murchison, spokesman for the developer.
The disclosure comes on the heels of a developer's settlement with neighborhood and environmental groups that object to the $21.5-million plans for a Home Depot design center.
The Los Cerritos Wetlands Land Trust announced that developer Tom Dean of Studebaker LLC has settled with the trust and the University Park Estates Neighborhood Association.
According to the Land Trust's release, Dean agreed to settle for an undisclosed amount in legal fees, give up fighting a judge's ruling to decertify the environmental impact report approved by the City Council and vacate all permit approvals.
Land Trust treasurer Ann Cantrell, whose group fought the project because it feared the development would negatively affect the surrounding wetlands, called the settlement "a very significant victory."
"It means that the developer is going to have to find something to put there that is compatible with the surrounding wetlands, and he'll have to do an adequate EIR next time," she said. "The judge has made this clear. Our goal is to save and restore the wetlands and I think this puts us closer to achieving that goal."
Homeowners Association President Janice Dahl said city planners now have fresh opportunities to provide better proposals for the coastal zone area. She said any threat of introducing industrial use at the property would encounter stiff resistance locally and from the state Coastal Commission.
The area is now zoned for general industrial uses.
"We're all saying this victory is a win-win for all southeast Long Beach," she said, adding that development of the Dean site, along with the restoration of the adjacent wetlands will draw many visitors to the area. "It will not be a 'crackerbox' development, but something people will marvel at."
Sources close to the settlement said that Long Beach is required in the next few months to demonstrate that it has invalidated the project's conditional use permit, the site plan, the tentative tract map and standard variance.
News of the settlement surprised some in the city.
Planning Bureau Manager Greg Carpenter said he had been waiting to hear back from Dean about the direction of the development when he found out about the settlement.
City Manager Pat West also said the settlement was news to him.
"We're looking forward to talking to the property owner about what his next steps are," West said.
Since submitting his project in August 2003, Dean's vision for a design center with 12,000 square feet of retail, 6,000 square feet of restaurant space and the project's centerpiece - a 140,000-square- foot Home Depot with a garden center - has been met with controversy and litigation.
Critics contend that the project would have negative impacts on the Los Cerritos Wetlands and on traffic.
Despite opponents' concerns, the council voted 6-3 in favor of certifying the EIR in 2006. Councilman Gary DeLong, whose 3rd District encompasses the project, said at the time that Home Depot would create good jobs, bring in tax revenue and improve the property. He also said at the time that his constituents supported the project.
The homeowners' association and the wetlands Land Trust took the matter to court, where a Los Angeles Superior Court judge sided with the two groups and tentatively ruled in 2007 that the city-approved EIR was was inadequate.
Dean was intending to appeal the judge's ruling. But he settled with the Land Trust "to avoid additional expense and continued litigation of issues," according to spokesman Murchison.
Councilman Patrick O'Donnell, who had been opposed to the project's EIR, said community input into whatever comes next at the site is vital.
"The community, the neighborhoods surrounding the wetlands have spoken and their message is clear," he said. "Save the wetlands. So going forward what we need to do is to create a process of opinions ... and choose how we want (the site) to look as a community."
July 31, 2008 - from Janice Dahl President UPENA
I thank all of you who supported my effort for envisioning a better South East Long Beach neighborhood that encompasses Los Cerritos Wetlands. I put up the initial stake money to get the lawsuit going defending our quite enjoyment of our neighborhood against Home Depot, Studebaker LLC, etc. I was so encouraged to see how many neighbors feel the same way and showed it through their financial giving. There was much going on behind the scenes that I was not allowed to divulge but it proved worthwhile by the outcome. I am also confident that as a community we will have a better South East Long Beach, a place for all of us to live together with our eventual beautiful Los Cerritos Wetlands.
Thank you,
Janice Dahl, president
University Park Estates Neighborhood Assoc.
The following is the official notification from UPENA and Los Cerritos Wetlands Land Trust.
The Los Cerritos Wetlands Land Trust (LCWLT) and the University Park Estates Neighborhood Association (UPENA) have agreed to a settlement that will result in the return of a significant amount of the legal fees paid on behalf of the LCWLT/UPENA in the lawsuit against Studebaker LLC (i.e. the Home Depot Project). As part of the agreement, Studebaker LLC will be dismissing their appeal of Judge Torribios decision to de-certify the Citys Environmental Impact Report and vacate all permit approvals.
One of the terms of the settlement agreement is as follows, The LCWLT and UPENA agree that the terms of this settlement agreement shall remain confidential to the extent possible, but recognize that the terms of this agreement may be shared with the members of the respective Parties and with government agencies. LCWLT/UPENA expressly agree that they will not affirmatively publicize the terms of this agreement by issuing a press advisory, press release or other broadcast communication to third parties.
We have not yet received the financial settlement, but are satisfied with the result and are eager to put this behind us and move ahead with other important matters, namely focusing on fighting for the restoration of the Los Cerritos Wetlands.
As always, we thank you for your continued support. It is quite clear to us that we would not have been successful without the help of our many members.
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July 28, 2008
This Tuesday 7-29-08 there will be a presentation by the design team for a "new?" at Seaport Marina Hotel. The presentation is being held at Los Cerritos Wetlands Land Trust general meeting at Belmont Mobile Home Estates from 7-9 PM. The Land Trust has invited UPENA and asked that I send an invitation out to all of you. This is the Land Trust's meeting so we must be respectful of their agenda. Please read below.
Thank you,
Janice Dahl, president
University Park Estates Neighborhood Assoc.
Please Mark Your Calendars
We have two upcoming events:
1. Carl Kemp and the management/design team of the Seaport Marina project will present their proposals for the development at Second and PCH.
There will be a large block of time for questions and answers.
Date, time, and place: Tuesday, July 29, 7 to 9 p.m.
Belmont Shore Mobile Estates Community Center between PCH and Studebaker on Loynes Drive
(Tell the security guard you are there for the wetlands meeting.)
2. Bird walk in Gum Grove Park: Saturday, August 9, 8:00 a.m.
(See the directions to Gum Grove Park on our website www.lcwlandtrust.org)
July 27, 2009 Meeting on Caltrans work in the area.
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It's not to late to attend a
West County Connectors Open House!
The details are as follows:
Thursday, July 24 6-8 p.m.
Seal Beach Council Chambers
211 8th Sttreet Seal Beach, CA 90740
Thursday, July 31 6-8 p.m.
Sequoia Elementary School
5900 Iroqius Road Westminster, CA 92683
There will be a formal presentation followed by a question and answer session during each open house at 6:30 p.m.
Questions? Please contact Christina Byrne, OCTA Community Outreach, at (714) 560-5717 or cbyrne@octa.net | | |
July 16, 2009
Per the LB Report, our neighbor and UPENA board member, took part in his first hearing on the California Parole Board.
July 13 2008 Coyote sighted several times at 5th and Peralta, NE corner in bushes. Resident is trying to catch it. Keep your pets safe.
Coyote or prairie wolf, small, swift wolf, Canis latrans, native to W North America. It is found in deserts, prairies, open woodlands, and brush country; it is also called brush wolf. The coyote resembles a medium-sized dog, with a narrow, pointed face
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July 9, 2008
Someone posted a warning sign for you pet owners to be aware that they spotted a Coyote at Vista and Laurinda, 5th and Margo and at the Margo and Vista enterance to Golf Course Path.
I have walked a route around the Channel View Park and the Bixby Village Golf Couse for over fourteen years and have never seen a Coyote, but this morning I saw a pair of Racoons on Channel Drive!
June 13, 2008 SEADIP SURVEY RESULTS from Grunnion Gazette.
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By Harry Saltzgaver
Executive Editor
A citywide survey of opinions about how to deal with development in southeast Long Beach has confirmed public priorities that activists long have claimed restoration of Los Cerritos Wetlands, improvement of traffic flow and only modest commercial development.
A relatively large response of 682 responses were received by the Department of Development Services during the two-month survey period. The survey was prompted by a directive in August 2007 from the City Council to solicit opinions and report back before going further to revamp the Southeast Area Development and Improvement Plan (SEADIP), a zoning master plan approved in 1977.
That directive came after protests over a committees recommendations to revise SEADIP. That committee was formed by Third District Councilman Gary DeLong, and offered sweeping changes, particularly along the Pacific Coast Highway corridor. At the same time, efforts were underway to redevelop part of the tank farm at Loynes Drive and Studebaker Road into a Home Depot retail center, and dense redevelopment of the SeaPort Marina Hotel.
Since that time, the Home Depot center project has been dropped and Lennar Homes has left the SeaPort project, which has started over with new development partners. But the themes struck by opponents of those projects remained in the forefront of the latest survey.
Restoration of Los Cerritos Wetlands was by far the top priority for respondents 79% listed it as number one. Most of the wetlands is privately owned and is being operated as an active oil field.
As chair of the Los Cerritos Wetlands Authority, Im continuing the attempt to acquire the property, DeLong said. At the same time, Im working on the federal level to get authority for the Port of Long Beach to gain mitigation credits for paying for the restoration work.
Wetland restoration figured prominently in several survey questions. It was the most common response when asked how to improve the southeast part of the city, and it was central to the recreational opportunity many listed as a primary desired outcome for the area.
Improving traffic also was a high priority. In addition to car traffic flow, many people requested more bicycle and pedestrian options.
The owners of SeaPort Marina Hotel could read both good and bad into the survey results. The 11 acres on the southeast corner of Pacific Coast Highway and Second Street was listed as the site most in need of redevelopment and the site most under-used. A boutique hotel one potential component of the SeaPort redevelopment plan was the number one choice for reuse of that area, and specialty retail was a high second.
However, the respondents virtually ignore the potential for residential in the area, which has been another large component of the SeaPort redevelopment plan.
Providing housing opportunities ranked dead last in priority for 54% of the people, and only 10% listed that as a first or second priority.
I was pleased with the process, DeLong said of the public outreach. Its interesting to note that 80% of the people want some updated zoning in the area. They want increased mobility and limited development. |
May 23, 2008 - Deceased neighbor Perry Lindsey to be Honored
by Judy Griggs.
I live at 450 Margo Avenue and for the past 37 years have lived next door to or where I live now, (across the street) from a special neighbor, now deceased, who is being honored by having the Long Beach Unified School District name a school for him. The former Sutter School is now a middle school and named the Perry Lindsey International Magnet Academy. You may or may not know that Perry was the first black teacher in Long Beach as well as the first black Principal in the Long Beach Unified School District. He held many other important administrative positions even representing the school district in Sacramento. Perry was also a Tuskegee airman and served in WWII and was recalled to fly in the Korean War. He also received the Congressional Gold Medal of Honor.
You may not know either that when the Lindsey's first bought their home the homeowner's association tried to prevent them from moving in because of their race. It this day and age that is hard to believe. Perry's wife, Evelyn, still resides in the family home.
My desire is to make a contribution to the school in Perry's honor.
Please contact Judy if you would like to contribute.
ay 23, 2008
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May 3, 2008, Burglary on Vista near golf course. Suspects were first spotted on Peralta where they were attempting a break in but were scared off when the owner came to see what was going on. Be aware of strange vehicles and people casing our homes in the area. I know its hard with painters, gardners and other workers around but you can usually spot a suspicious person who does not belong.
May, 5, 2008 COFFEE WITH THE LBPD EAST DIVIDION COMMAND STAFF. Wednesday May 21st 2008 at 6PM. Location is: GROUNDS 6277 East Spring St (Near Palo Verde) in the Alberstons Center. Come have a cup of coffee with commander Renaud and Crime Analyst Karen Mc Dade. Learn how to protect yourself from being a victim of identity theft and other scams.
April 1, 2008 (Not a Joke)
March
Dear Members and Friends of Los Cerritos Wetlands:
We have received the following notice from Councilwoman Gerrie Schipske of the 5th District. We welcome this, our first opportunity to participate in the city's presentation of the SEADIP survey process. Please notify your friends and neighbors about this meeting, especially those you think would benefit from greater knowledge about the importance of the wetlands.
Councilwoman Gerrie Schipske
Last Chance for SEADIP COMMENTS
Greetings!
This is the last chance to submit comments on the South East Area Development Improvement Plan (SEADIP) survey. Please join me on Monday, April 7, 2008, at 6:30 p.m. for a SEADIP meeting to be held in the Emerson Elementary Auditorium, 2625 Josie Avenue, Long Beach, CA 90815.
There will be a presentation from the Los Cerritos Wetlands Land Trust, and city staff will be accepting comments from those in attendance. Please note that March 31, 2008, is the deadline to submit comments on-line.
Please visit the SEADIP web page for additional information and/or to take the online survey. http://www.longbeach.gov/plan/pb/apd/special_studies/seadip.asp
Office of Councilwoman Gerrie Schipske
333 West Ocean Boulevard, Long Beach CA 90807
Phone: 562-570-6932 Fax: 562-570-6857
Email: district5@longbeach.gov
31, 2008 - LAST DAY TO
TAKE SEADIP SURVEY!
Just in New Link:
http://s-9y828-16109.sgizmo.com
Go to http://www.longbeach.gov/plan/pb/apd/special_studies/seadip.asp and on the right side click on second hyperlink Take Online Survey. If the survey does not open call Lisa at the Planning Dept., 570-6354
Long Beach Planning has posted their video presentation of the SEADIP revision onto YOUTUBE.COM.
I encourage visitors to "hit" the site and post a comment!
Log onto YOUTUBE.COM
search: longbeachplanning
Every little bit helps.
Why change something that works?
3/28/08 Where's our park sign?
I was asked by several neighbors and people I pass while walking, what happened to our park sign. At first it thought it was some kids who took it but:
The sign needed some refreshing and is being replaced with a new sign. It's in the process of being created right now. I believe it has been routed out and is waiting to be painted and then finished. At that time it will be put back into place.
I don't have a timeframe right now, because our signmaker George Reantaso is an artist and makes sure these things are perfect before letting them go out the door. I wouldn't think it should take any longer than by the end of next week, if not sooner, but will have Ed let you know as soon as the sign is closer to completion.
Thanks.
Thomas A Shippey
Manager, Maintenance Operations
Parks, Recreation and Marine
City of Long Beach
562-570-4899
tom_shippey@longbeach.gov
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Service First
Safety Always
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I am anxious to see how it will look better! |
PERALTA AVE, IS PEACEFUL ONCE MORE.
Serenity, Tranquility and other words like these describe Peralta Avenues return from a CSULB parking lot to a pleasant neighborhood street like it once was. As I take my morning walk I feel a sense of pride in being fortunate enough to live here. Although we have to pay for parking permits to park on our own street over two hours, it is more than worth it. Here are some pictures I have taken on my morning walks.
  
March 3, 2008 - PERALTA AVE GETS 2 HOUR PARKING.
As CSULB continues to grow, so does its need for parking. Students for years have come down to University Park Estates to park for free. Little by little most streets have applied for and were given Preferential Parking which requires home owners to buy permits but worth it.
The need came when students took all the parking in front of our homes and would sit in their cars playing loud rap music and dumping their fast food bags and cups on to our curbs. As a matter of safety, we residents did no know if it was a student parking in front of their homes or a potential burglar who was keeping tract of the comings and goings at you and your neighbors homes.
I have seen many student bring their cars and park and then carpool in one car to the University! In addition on Tuesday trash pick up day, students have moved our trash cans on to the parkway to park and as a result the trash and recycele trucks cannot not pick up our containers.
The last unpermitted streets are:
- 5th east of Peralta
- Vista east of Linares
- Silvera south of 5th along with all the cul-de-sac streets east of Silvera.
Residents of Peralta, click on link to obtain permits. The sooner you get your permits the sooner we can report student parking viotaitions. http://www.longbeach.gov/commercial/preferencial.asp
Give us your comments
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| from the grunnion gazette. |
Judge Tells Home Depot To Restart |
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By Harry Saltzgaver
Executive Editor
A judge has told developers of a proposed Home Depot Design Center on Studebaker Road to go back to square one, and has suggested that the land might even qualify as potential wetlands.
Judge John A. Torribio issued the ruling last week, saying that an Environmental Impact Report was inadequate on a number of grounds, and voided all permits received by Studebaker LB, LLC, saying the EIR needed to be redone.
Studebaker LB, LLC, and principal Thomas Dean have tried for four years to develop property next to the AES Power Plant at Studebaker Road and Loynes Drive. It currently is home to a tank farm of mostly unused oil tanks.
AES Alamitos, the Los Cerritos Wetlands Land Trust and University Park Estates Neighborhood Association filed the challenge to the EIR after a divided (6-3) City Council certified the EIR on Oct. 3, 2006. In addition to the court challenge, the decision was appealed at the state Coastal Commission, where it still has not had a hearing.
While the city is listed as the applicant for the EIR, Deans company paid the bill for the work and has been responsible for costs of responses to the appeals, according to City Attorney Robert Shannon. It would be up to Dean to decide the next step, Assistant City Attorney Mike Mais said.
Dean was unavailable for comment.
The proposal would have created a center with a 105,000-square-foot Home Depot, along with a 6,000-square-foot restaurant and 22,000 square feet of retail space. The Home Depot was touted as a Design Center with more upscale shopping available.
Environmentalists had fought the project from the beginning, saying it would impact wildlife in the wetlands across Studebaker Road both by its presence and because of the traffic it would generate. Residents of University Park Estates, diagonally across the intersection of Studebaker and Loynes from the proposed center, also opposed the project on grounds of traffic impact, while the company operating the power plant said there was not enough mitigation of potential safety problems created by the project.
Torribio agreed with appellants on virtually all counts. His ruling said it was wrong to place the burden of safety from trespassers on the power plant (AES wanted a 12-foot-high fence between the project and the plant, but the city did not make that a requirement).
On the complaints from the Wetlands Land Trust and the neighborhood group, the judge found against the developer in seven separate categories although the traffic impact category was thrown out only because typographical errors had not been corrected.
Inadequate studies were made, Torribio said, on the impact to the burrowing owl on the tank farm site as well as sensitive plants on the site. Night lighting and noise impact on the nearby wetlands was not adequately analyzed, either, the judges ruling said.
Most controversial in the ruling was the judges opinion that wetlands delineation had been ignored, and even degraded areas were protected if there was potential for returning to a wetlands state.
Despite respondents contention that the area is totally paved and developed for 50 years, a biologist reported that, flat unvegetated dirt in the bottom of the basins surrounds each abandoned tank, the ruling says. Photographs indicate that the berms and swales are at least vegetated. Respondents have not conducted a delineation and there is no substantial evidence in the record to support their assumption that no portion of the project site needed to be evaluated for its potential of being wetlands.
The EIR also inadequately studied alternatives, the judge said, including a different location for the development. Faults also were listed in the way air quality studies were done and how documents were made available for public review.
Dean also has been stalled at the state level, where the Coastal Commission staff had recommended denial of the project. The first roadblock there is a ruling that the property had been improperly subdivided without the Coastal Commissions approval.
The state hearing has been postponed twice and now is on permanent hold, according to Chuck Posner, regional manager for the Coastal Commission.
While the Home Depot project has been delayed, Dean and Studebaker LB, LLC, has stayed busy. Last October, Dean purchased the Bixby Ranch Co.s share of the Los Cerritos Wetlands. The 189 acres of property include about 40 producing oil wells.
Dean and Studebaker LB, LLC, also are owners or partners in the Pumpkin Patch property on Pacific Coast Highway east of the Marketplace shopping center.
Third District Councilman Gary DeLong has begun meetings with Dean to explore purchase of the wetlands and interim cleanup of the property. DeLong is conducting those talks in his capacity as chair of the Los Cerritos Wetlands Authority, a joint powers authority that already has title to one parcel of the wetlands on the Orange County border and is in negotiations to purchase other parcels.
An attempt to purchase the Bixby Ranch property by either the city or the state Land Trust reached the appraisal point several years ago, but stalled there. The spike in oil prices put any development on hold in 2006. |
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February 22, 2008 from the Press Telegram by Joe Segura
Judge rules Depot EIR inadequate
LOCAL: Court reconfirms a new environmental study is required; the ruling voids all city permits for Eastside project.
By Joe Segura, Staff Writer
Article Launched: 02/21/2008 09:31:46 PM PST
LONG BEACH - It was clear in his Dec. 11 tentative ruling that Superior Court Judge John A. Torribio wasn't impressed with the proposed Eastside-based Home Depot design center's environmental impact report.
Oral arguments Thursday in a Norwalk courtroom didn't budge Torribio from that stance. After hearing arguments from both sides, he ruled that the EIR was inadequate - and that a new study would be required if the developer wants the project to move off the drawing board.
The ruling, if not appealed, voids all city permits for the controversial project, which is opposed by environmentalists because of concerns for potential negative impacts on the adjacent Los Cerritos Wetlands.
The judge made his final ruling following a 45-minute hearing on written and oral arguments to his earlier tentative ruling, which said the EIR failed to address several key issues, including whether the property at Studebaker Road and Loynes Drive can be considered wetlands.
The City Council approved the EIR in October 2006 by a 6-3 vote.
Torribio brushed aside arguments by attorneys for the developer - as outlined in supplement briefs - that the "court may not substitute its judgment for the conclusions reached by a lead agency (Long Beach) and its technical experts." The judge said that when an EIR isn't adequate that rule doesn't apply.
Attorneys for the developer can appeal the judge's decision, or address the judge's concerns by redoing portions of the EIR.
The judge repeatedly insisted that the project proponents needed to make a "good-faith effort" at providing adequate reviews of various impacts - as defined by the California Environmental Quality Act.
The judge said the city, as lead agency for the EIR review, needs to conduct a biological study to determine whether the site is potentially wetlands.
In their filings, attorneys Jan Chatten-Brown and Douglas P. Carstens, representing the project's opponents, agreed with the judge:
"Because the site has significant amounts of dirt remaining in its original, unvegetated state from when the site was salt marsh wetlands, the city's failure to conduct a proper wetlands delineation (study) was erroneous."
The attorneys added that the Home Depot proponents' own biologists found a "wide variety of wildlife on the project site including: butterflies; mammals, including rabbits, squirrels and raccoons; amphibians, including the Pacific tree frog; reptiles; and birds, including numerous birds associated with wetlands such as osprey, the snowy egret and great-blue and black-crowned herons and gulls."
Appeal by city unlikely
Long Beach Assistant Attorney Mike Mais said the city would not appeal the decision unless the developer indicates it would proceed with the project - and wanted to contest the judge's decision.
"I don't see only the city moving on an appeal if the applicant didn't want to go forward," he said, adding he believes an upgraded EIR would be a less time-consuming process.
Project attorney Robert Pontelle declined comment on the judge's ruling.
During Thursday's hearing, Pontelle - representing developer Tom Dean of Studebaker LB, LLC - insisted there's no need for additional study of the proposed project site, contending the area has been paved over with asphalt for decades, and that dirt is exposed only on wear-and-tear patches.
"I believe there's more dirt than the city is letting on," Torribio countered.
In his written rebuttal to the judge's tentative ruling, Mais rejected the environmentalists' contention of a potential wetlands at the site, adding that the judge's ruling ignores the studies that have been done on the site.
Torribio, however, countered Mais' argument about the "paved and developed" site, saying he had exaggerated the land's status.
Wetlands restoration
The state Coastal Act restricts most development on wetlands, and environmentalists - before Thursday's final ruling - said they might begin efforts to include portions of the Home Depot site in restoration of the Los Cerritos Wetlands.
The judge also wants the EIR to use better data on its review of what possible impacts projected traffic will have on air quality.
He emphasized that he was not impressed that the study used monitoring data from a station in North Long Beach instead of one nearby.
The city argued that the nearby station data only gauged air quality for the past two years, while the North Long Beach station's statistics were more extensive.
The judge countered the nearby station's data should have been used.
joe.segura@presstelegram.com, 562-499-1274
February 21, 2008 We Stopped Home Depot!
Breaking: Court Rules For Neighborhood Group and Wetlands Activists, Invalidates City Hall's EIR For Proposed Studebaker/Loynes ("Home Depot") Development, Rules Document OK'd By Six LB Councilmembers Fails To Follow State Law
Courts ruling:
February 16, 2008 SEADIP SURVEYS ARE OUT read the editorial from the grunnion gazette.
http://www.gazettes.com/seadip2072008.html
Here is the latest on the Home Depot - hearing to be held Feb 21st.
this was barrowed http://www.lcwlandtrust.org/
HOME DEPOT DESIGN CENTER, RETAIL AND RESTAURANT
An approximately 155,000 sq. ft. development at the intersection of Studebaker Rd. and Loynes Dr. was approved in October 2006. This Big Box Retail project is across the street from the Los Cerritos Wetlands. Project design includes utilization of 50 metal halide light poles, 40 feet in height, in an area that is currently dark. Traffic will increase by up to 8,000 cars, increasing noise and air pollution. Trash and runoff from the development will likely end up in the wetlands.
***CURRENT STATUS***
There are actions on two fronts: (1) a lawsuit against the City of Long Beach under the California Environmental Quality Act (CEQA); (2) an appeal to the California Coastal Commission.
(1) Judge John Torribio issued his tentative ruling on 12/10/07 GRANTING our petition in the lawsuit. Oral argument was heard on 12/11/07 at Norwalk Superior Court. Because this is a tentative ruling, it is not final. However, we are optimistic about the final ruling. The judge requested further information from the attorneys and set the next hearing for February 21, 2008. See articles about this at the following links: Los Angeles Times: www.latimes.com--go to "California/Local news and scroll down--it is the 18th story on the page; Long Beach Report: www.lbreport.com/index.htm--you can read the Tentative Ruling at this link; The District: www.thedistrictweekly.com--third article middle column. from the
January 22, 2007
UNIVERSITY PARK ESTATES NEIGHBORHOOD ASSOCIATION
GENERAL MEETING
UNIVERSITY PARK ESTATES NEIGHBORHOOD ASSOCIATION
GENERAL MEETING
When: Thursday, January 31, 2008
Time: 6:30 to 8:00 PM
Where: Kettering Elementary School
The final agenda will be available online at www.UPENA-LB.com and at the meeting. The revised UPENA bylaws will be presented, Home Depot legal update, fundraising and SEADIP (the revision process has started anew) will be some of the topics. We will be collecting the annual dues at the door and its $10 per household, we will gladly accept any additional amount.
Thank you and take care,
Janice Dahl, President
University Park Estates Neighborhood Association
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You may have read in LBReport.com (see text below) about today's Home Depot court hearing and the tentative order issued by the judge. This is a TENTATIVE order and the case has been held over to February 8. I was at the hearing and the judge is deliberate and thoughtful. A possible plus for us is that he bikes regularly along the San Gabriel River past the site.
Take care,
Janice Dahl, president
University Park Estates Neighborhood Association
DEC. 11 FLASH: MAJOR DEVELOPMENT RE STUDEBAKER/LOYNES ("Home Depot") PROPOSED DEVELOPMENT. A Superior Court has issued a TENTATIVE order -- not a final ruling and subject to add'l briefings and arguments in Feb 08 -- that if substantially adopted would invalidate LB City Hall's approval of the Environmental Impact Report re the proposed Studebaker/Loynes ("Home Depot") development. The Petitioners seeking to invalidate the EIR include the University Park Estates Neighborhood Ass'n and Los Cerritos Wetlands Land Trust...and challenged the EIR adopted in Oct. 06 on a 6-3 Council vote (O'Donnell, Schipske and Gabelich dissenting) A hearing took place today before Judge John A. Torribio in Superior Court in Norwalk. CAVEAT: the Court's tentative order ISN'T FINAL. It is subject to add'l briefs and arguments from LB City Hall and the project developer (with replies from the petitioning parties) and a scheduled Feb. 08 hearing. LBReport.com has obtained the text of the court's Tentative Order (reflecting the Court's reasoning before this morning's hearing) and with those caveats we'll be posting it shortly on LBReport.com.
December 3, 2007
Lennar sells stake in SeaPort hotel development
Taki-Sun, already a partner in the project, takes full stake in controversial building plan.
By Paul Eakins, Staff writer
Article Launched: 12/03/2007 10:26:36 PM PST
LONG BEACH - A new developer is taking over the embattled SeaPort Marina Hotel project where condominiums, retail space and a hotel had been planned.
Taki-Sun Inc., which operates the hotel, announced Monday that its partner in the project, developer Lennar Corp., has sold Taki-Sun its interest in the project. The details of the transaction weren't made available.
Miami-based home builder Lennar initially had envisioned a development with 425 condominiums and 170,000 square feet of commercial space at the site, located on the southwest corner of Pacific Coast Highway and Second Street.
That plan was approved by the city's Planning Commission in March. However, the addition of a high-end boutique hotel, as well as public concerns about the project's density, height and impact on traffic, led Lennar to pull the plan before the City Council could consider it.
Spearheading the development for Taki-Sun will be Development Services Group, which was a consultant on the project and helped the owners of the hotel land choose Lennar as the developer. Development Services is an affiliate of Washington, D.C.-based Robert Charles Lesser & Co.
David Malmuth, managing director of Development Services, said he is "open to" potential changes in the SeaPort project plans, but that more dialogue with the community and city leaders is needed.
"I've always been a big advocate of mixed use," Malmuth said. "I think it's the right thing to do with the site."
Lennar spokesman Glenn Bunting said via e-mail that the need for Lennar to pull and rework its project plans had played a role in the development's sale.
"Lennar made a prudent business decision to sell its interest in the SeaPort partnership to Taki-Sun," Bunting said. "From Lennar's perspective, the additional entitlement demands impacted the feasibility of the project."
This isn't the first time Lennar has walked away from a project. Last year, it pulled out of a $56 million plan to build 185 residential units downtown.
However, Malmuth said Taki-Sun doesn't plan to take on any other abandoned Lennar projects.
Lennar has two other projects in Long Beach: Pacifica, a completed 62-home community on the Promenade, and OceanAire, a 216-home high-rise development at Ocean Boulevard and Pine Avenue, Bunting said. He said the company's exit from the SeaPort project won't impact any of its other Long Beach developments.
Councilman Gary DeLong of the 3rd District, where the development would be located, said Monday he is disappointed to see Lennar go and that he had talked with a representative of Taki-Sun to reiterate the city's position.
That position is to see a boutique hotel at the site, to have a lower density of buildings, and for the new structures to fit the architectural style of the Eastside, DeLong said.
Malmuth said Development Services hasn't set a timeline for submitting a new project plan, and DeLong said there isn't a sense of urgency.
"I think the community is ready to see that dilapidated SeaPort Marina Hotel replaced with a development that reflects the character of the Eastside," DeLong said. "But on the other hand, we will make sure we take as long as we need to make sure it's done right."
October 25, 2007 It seems re thinking by big developers is spreading. From the Press Telegram
paul.eakins@presstelegram.com, 562-499-1278
Lennar pulls SeaPort plan
L.B.: Hotel site plan to be revised before submission to council.
By Joe Segura, Staff writer
Article Launched: 10/25/2007 08:54:35 PM PDT
LONG BEACH - The SeaPort Marina Hotel's site development plan was pulled Thursday by the developer, which wants to build a condominium-retail complex - one that's raised considerable opposition by environmental groups.
Aliso Viejo-based Lennar Seaport LLC has notified city planners that it wants to add a high-end boutique hotel to its prior plan to construct 425 condominiums, develop 170,000 square feet of commercial space and add 1,700 parking spaces at the site, located on the southwest corner of Pacific Coast Highway and Second Street.
Derek Burnham, a senior city planner with Long Beach, said Lennar's notice provides few details about the size of the proposed hotel, except that Lennar expects to introduce its revised plan early next year.
Third District Councilman Gary DeLong, whose district includes the development site, said he believes Lennar's move demonstrates that it understands that without drastic changes it will not earn the council's nod.
However, a source familiar with the project, asking for anonymity, said the bas
ic change to the plans will be the introduction of the hotel - with a reduction to the number of condo units to offset the increase in temporary visitors.
Lennar officials could not be reached for comment.
DeLong said more needs to be done, including the reduction of the structures' heights, the thinning out the density and mitigating traffic.
"I don't think that's a project that can win support without those changes," DeLong said Thursday night.
The project has always been under a cloud.
In the early stages of the project, the Planning Commission hammered the plan because of what they described as big-box look.
The project - a partnership between Lennar Communities and SeaPort Hotel owner Taki-Sun Inc - would have condos sitting atop retail space and rising to between three and five stories, the latter with proposed heights that exceed local coastal development codes, which is 35 feet.
At study sessions last year, several Planning Commission members criticized the "Gateway East" project for its blandness, saying the proposal didn't "wow" them.
Some critics called for a hotel to help tourism for the neighboring Belmont Shore shopping-restaurant district.
Lennar modified the aesthetics of the retail and residentials units, and the commission approved the project.
That Planning Commission vote was appealed to the City Council, which decided in July to hear the matter Nov. 13, to give the developer time to work on a traffic mitigation plan.
"We still don't have a satisfactory traffic mitigation plan," DeLong said in July.
He added that the scope of the mitigation effort might depend on the state Coastal Commission's vote on plans to build a Home Depot design center at Studebaker Road and Loynes Drive. That project has been withdrawn from the commission's calendar.
The developer has made progress on the traffic mitigation plan, the source said, without providing details.
Lennar's proposed project - as in the case of the Home Deport design center - has raised the concerns of environmentalists, who contend the project would aggravate traffic problems in the city's Eastern coastal area and endanger the Los Cerritos Wetlands habitat.
Also, earlier this year, the Coastal Commission staff sent a strong signal of potential problems for Lennar.
In response to a written inquiry by DeLong, the commission staff warned that a residential project would have difficulty getting the commission's approval because it does not serve public access to the shoreline as required by the state Coastal Act. The staff suggested a hotel for the site.
Joe Segura can be reached at joe.segura@presstelegram.com or at (562) 499-1274.
October 24, 2007 The winds have really whipped up our trees. Thank goodness we are not near any of those big fires. Here is a picture of the falling down sign for the proposed new design center. Perhaps it is a good sign.
October 4, 2007 from the Press Telegram
Home Depot pulls out of Coastal Commission meeting ahead of vote
Company says it will resolve issues raised by agency staff.
By Joe Segura, Staff writer
Article Launched: 10/04/2007 09:59:01 PM PDT
LONG BEACH - Home Depot pulled out of its scheduled hearing before the state Coastal Commission next Wednesday, citing a desire to resolve some of the central issues raised by the agency's staff.
Home Depot was facing an uphill battle to get a commission nod on a home-design center development permit for the East Long Beach area, at Studebaker Road and Loynes Drive, because the commission staff last month recommended denial of the plans, citing potential environmental damage to the nearby Los Cerritos Wetlands.
The staff recommendation, released Sept. 21, posed a key setback for the developer's plans, critics contended.
In a brief letter Thursday to the commission's Long Beach office, attorney Cynthia McLain-Hill, representing Home Depot, and the developer Tom Dean, of Studebaker LB, LLC, said they were hoping to work with the commission staffers on the issues, according to Chuck Posner, coastal commission analyst.
The proposed Home Depot design center won the City Council's approval in October 2006, despite protests by environmentalists contending the project would pose serious dangers to the wetlands' sensitive ecosystem.
The environmentalists appealed the council's decision, and the commission staff agreed there were enough issues to order a new hearing.
The commission staff concluded:
- The site is zoned industrial, through the city's Local Coastal Program, and the council approved commercial use.
- The development "could result in unanticipated and cumulative impacts" on the wetlands.
- The project failed to meet the LCP's open-space requirements.
- Wildlife could be adversely affected.
- And traffic "may adversely impact coastal access."
Attorney Robert Pontelle, representing Home Depot USA Inc., could not be reached for comment Friday. However, in a letter to the commission, he emphasized that the city had issued a conditional-use permit for the project.
Environmental attorney Mel Nutter, who is representing the project opponents, said the issues represent a difficult challenge for the developers.
"It doesn't look like these can be resolved easily and quickly," added the attorney, who is a former commission chairman.
McLain-Hill could not be reached for comment Thursday.
October 4, 2007 from Pat Towner, UPENA Treasurer
I have just been apprised there is a notice that has been passed out to some of the residents in the area and not to all. Given I have the power of the magic email, I am forwarding the information on to both those of you who have received it and those who may not have. I think it gives you information on what streets are open and when....you can also call and get specific directions as to how to get out of here and when. I know that for many of us, me in particular because I don't get to go to Farmers Market, this may be a problem, but they keep telling me it is only one day a year.
I hope each of you have a wonderful Sunday and just a forewarning....they will tell you to use the freeway to get where you want to go....just leave yourself enough time because last year going to Seal Beach on the freeway took about 25 minutes to traverse the offramp. Just a heads up
Pat Towner
MARATHON NOTICE TO RESIDENTS
Dear Neighbor,
We invite you to join in the celebration as the 23rd Long Beach International City Bank Marathon returns to our city, Sunday,
October 14th! Festivities begin on Friday, October 12th as the Marathon Expo opens at the Long Beach Convention Center,
12:00pm 7:00pm. The Marathon Expo will continue on Saturday from 9:00am 6:00pm and entrance to the Marathon Expo is free! So bring the entire family for this ultimate sporting experience.
The Marathon serves as a fundraiser for many outstanding charities this year, including: Livestrong-Lance Armstrong Foundation, Habitat for Humanity, Leukemia & Lymphoma Society, Golden State Foods Foundation, Paralysis Project, Boys and Girls Clubs of Long Beach, ANCOP, Cystic Fibrosis Foundation, Angels Charity, Run to Win, Long Beach Memorial Medical Center & Miller's Children's Hospital, American Heart Association and the American Stroke Association, and AIDS/Lifecycle. Athletes from all over will be participating for these special causes.
We would like to provide you notice as to how the Marathon will be impacting your area on Sunday, October 14th. Restricted parking areas will be posted on Thursday, October 11th. Parking will not be allowed in posted areas beginning on Saturday, October 13th, at 11:59pm and will continue through Sunday, October 14th, until 3:00pm. Street closures will begin at 5:00am on Race Day and continue until 2:30pm.
*Please note that this operates as an out-and-back course so streets will be re-opened for traffic as the last athletes pass an area. Please also note that these are approximate times of street re-openings, times may vary. Police officers will be at every major intersection to allow cars to cross the marathon course once there is a break in the race.
Event Schedule:
Bike Tour 6:00am
Marathon Walkers 6:15am
Marathon & Half Marathon 7:30am
5K 8:30am
Kids 1 Mile Fun Run 9:00am
The marathon route will use the following streets:
STREETS IN USE APPROXIMATE OPENING TIMES
Shoreline Dr. (west bound lanes) west of Pine Avenue 9:30AM
Queensway Bridge (north bound lanes) 9:30AM
Ocean Blvd. (between Livingston and Claremont, west bound lanes) 11:00AM
Livingston (from Termino to Broadway) 2:15PM
Nieto (between Appian Way and Broadway) 2:00PM
Appian Way (between Nieto and Park) 1:45PM
Park (between Anaheim and Appian Way) 1:45PM
6th , Monrovia, Eliot, Boathouse and Colorado 12:00PM
Appian Way (between Bayshore and the Long Beach Yacht Club) 12:30PM
2nd Str./Westminster (between PCH and Studebaker) 12:45PM
Studebaker (between Westminster and Anaheim) 1:00PM
Anaheim and Palo Verde 1:30PM
Atherton (westbound lanes) 1:45PM
Clark (north bound lanes between Atherton and Anaheim) 1:45PM
Anaheim (between PCH and Clark) 2:15PM
Ocean Blvd. (west bound lanes between Livingston and Alamitos) 3:00PM
Belmont Shore and Naples Island residents will have ingress and egress routes on 2nd Street. To leave area, use 2nd Street East to PCH, north to 7th Street for freeway access. Use same route to return to the area. Those on the Peninsula can use the same route as Belmont Shore and Naples Island residents as Bayshore Avenue will remain open during the day. For residents living on the south side of Ocean Blvd. between Livingston and Alamitos, they will have east bound lane access available where they can proceed to Granada where there will be police to cross over traffic. From there you can proceed to 2nd Street and go east to exit the area.
Please allow for ample travel time on race day as there may be traffic delays.
FREE PARKING FOR BELMONT SHORE RESIDENTS is available in the beach parking lots along Ocean. Enter the lots near the Belmont Pool and park for free Saturday night through Sunday. Residents can exit the lots on Sunday at GRANADA ONLY and be escorted across the race course out by police.
For more specific information, please call (562) 427-4606 x1
or visit the RESIDENT INFORMATION page on our website www.runlongbeach.com
MARATHON NOTICE TO RESIDENTS CONTINUED
Ingress and Egress Routes:
Belmont Shore, Peninsula, and Naples areas:
Egress: Take 2nd Street east and proceed over the 2nd Street Bridge. Continue to Pacific Coast Highway (PCH). Take PCH north and proceed to 7th Street. Turn right (east) on 7th Street which will lead to the freeway.
Egress For residents who are on the Peninsula: You may exit your area by proceeding west on Ocean Blvd. to 54th Street. From there you will go to Bayshore Ave. and proceed to 2nd Street, where you will be able to use the above directions to proceed out of the area.
Ingress: To re-enter the Belmont Shore, Naples and Peninsula areas: Take the 405 or 605 freeways to the 7th Street exit. Proceed west on 7th Street to Bellflower. Make a left on Bellflower and another left on to PCH. Proceed south on PCH to 2nd Street and turn right (west) on 2nd Street to return to the area. For people who live on the Peninsula, you may re-access that area by turning left onto Bayshore Ave and left again on Ocean Blvd.
Ocean Blvd. between Alamitos and Termino:
Egress: Take Ocean Blvd east (one lane will be open for vehicular traffic) and proceed to Granada. There will be a police officer at this location to direct you left onto Granada. Take Granada to 2nd Street.
Take 2nd Street east and proceed over the 2nd Street Bridge. Continue to Pacific Coast Highway (PCH). Take PCH north and proceed to 7th Street. Turn right (east) on 7th Street which will lead to the freeway.
Ingress: For those wishing to return to the area, it is highly recommended that you utilize the 710 freeway and exit either Anaheim or Broadway and use surface streets to get as close to your desired location as possible. Please park on or near 1st street as vehicular traffic will be prohibited to re-enter the area.
Belmont Heights :
Egress: Avoid traveling east of Livingston. You may utilize Broadway, 3rd Street or 7th Street (west only). You may utilize Ximeno or Termino to head north towards alternative freeway routes or towards the 710 freeway. It is our recommendation, that if you are not planning to attend marathon day events or you have no plans to be in the downtown area, to avoid the 710 freeway and use either 405 or 605 access routes.
Ingress: To return the area, you may |
