Long Beach, CA
File #: 19-1117    Version: 1 Name: DS - 3rd & Pacific Project Appeal
Type: Resolution Status: Adopted
File created: 10/24/2019 In control: City Council
On agenda: 11/12/2019 Final action: 11/12/2019
Title: Recommendation to receive supporting documentation into the record, conclude the public hearing and consider an appeal by Supporters Alliance for Environmental Responsibility; Adopt resolution approving and certifying an Addendum (EIRA-02-19) to the Environmental Impact Report for the City of Long Beach Downtown Plan (EIR-SCH# 2009071006) related to the project at 131 West 3rd Street in accordance with the provisions of the California Environmental Quality Act (CEQA), and State and local Guidelines; making certain CEQA Findings and Determinations relative thereto; and adopting a Mitigation Monitoring and Reporting Program in accordance with those measures set forth in the Downtown Plan; and Approve a Site Plan Review (SPR 18-038) for a project consisting of 345 residential units in one 23 story mixed-use tower, and one 8 story mixed-use building, 14,481 square feet of retail space, 563 parking spaces, and 128 bicycle parking spaces; find that the proposed vacation of a segment of R...
Sponsors: Development Services
Attachments: 1. 111219-H-8sr&att.pdf, 2. 111219-H-8 - Attachment A.pdf, 3. 111219-H-8 - Attachment B.pdf, 4. 111219-H-8 - Attachment C.pdf, 5. 111219-H-8 - Attachment D.pdf, 6. 111219-H-8 - Attachment E.pdf, 7. 111219-H-8 - Attachment F.pdf, 8. 111219-H-8 - Attachment G.pdf, 9. 111219-H-8 - Attachment H.pdf, 10. 111219-H-8 - Attachment I.pdf, 11. 111219-H-8 - Attachment J.pdf, 12. 111219-H-8 - Attachment K.pdf, 13. 111219-H-8 - Attachment L.pdf, 14. 111219-H-8 - Attachment M.pdf, 15. 111219-H-8 PowerPoint.pdf, 16. 111219-H-8 Corresp.S.Cohen.pdf, 17. 111219-H-8 Corresp. Goldsmith.pdf, 18. 111219-H-8 Corresp. Lozeau Drury.pdf, 19. 111219-H-8 Corresp. Ramboll.pdf, 20. 111219-H-8 Corresp. The Chamber.pdf, 21. 111219-H-8 Corresp. Noble.pdf, 22. 111219-H-8 Corresp. Kennedy.pdf, 23. 111219-H-8 Corresp. Letters of Support.pdf, 24. RES-19-0177.pdf

TITLE

Recommendation to receive supporting documentation into the record, conclude the public hearing and consider an appeal by Supporters Alliance for Environmental Responsibility;

 

Adopt resolution approving and certifying an Addendum (EIRA-02-19) to the Environmental Impact Report for the City of Long Beach Downtown Plan (EIR-SCH# 2009071006) related to the project at 131 West 3rd Street in accordance with the provisions of the California Environmental Quality Act (CEQA), and State and local Guidelines; making certain CEQA Findings and Determinations relative thereto; and adopting a Mitigation Monitoring and Reporting Program in accordance with those measures set forth in the Downtown Plan; and

 

Approve a Site Plan Review (SPR 18-038) for a project consisting of 345 residential units in one 23 story mixed-use tower, and one 8 story mixed-use building, 14,481 square feet of retail space, 563 parking spaces, and 128 bicycle parking spaces; find that the proposed vacation of  a segment of Roble Way, a named alley, and vacation of portions of Pacific Avenue are in conformance with the General Plan; approve a Vesting Tentative Tract Map (TTM18-008) to merge six lots into one 1.22-acre ground lot and create six airspace lots on a site currently developed as an at-grade parking lot, located at 131 West 3rd Street in the Downtown Plan (PD-30) Height Incentive Area (Application No. 1807-11).  (District 1)

 

DISCUSSION

At its meeting on September 19, 2019, the Planning Commission held a public hearing and approved, with conditions, a Site Plan Review (SPR) and Vesting Tentative Tract Map (VTTM) request for a project consisting of 345 residential units in one 23 story mixed-use tower, and one 8 story mixed-use building, 14,481 square feet of retail space, 563 parking spaces, and 128 bicycle parking spaces (Project), located at 131 West 3rd Street in the Downtown Plan (PD-30) Height Incentive Area within General Plan Land Use District Number 7 - Mixed Uses (LUD 7) (Attachment A - Planning Commission Staff Report). LUD 7 is intended for combinations of land uses. The Planning Commission also made a determination of General Plan Conformity for proposed right-of-way vacations associated with the proposed development.

 

The Project is located on the east side of Pacific Avenue, between West 3rd Street, West 4th Street, and Solana Court, a named alley (Attachment B - Vicinity Map). The Project encompasses six parcels and a portion of Roble Way, a named east-west alley, that is proposed to be vacated as a part of the project for a total project area of 1.22-acres (53,358 square feet) (Project Site). The Project Site is currently developed as a paved at-grade parking lot with parking spaces utilized by the City of Long Beach (City). Adjacent uses include a mix of residential, retail, and hotel that are typical of the Downtown setting (Attachment C - Plans and Project Renderings).

 

Site Plan Review

 

The Project Site is located within the core of the Downtown area and is configured with a mid-block paseo running between the 85-foot high mid-rise building on the north, and the 269-foot high tower on the south. The building placement relates to the existing development pattern, in that the mid-rise building is sited on the north end of the Project Site where it is more consistent with the mid-rise buildings across 4th Street. The Project Site was reconfigured in this manner in response to community feedback. The buildings each have a distinct, but complimentary, contemporary design.

 

The Project provides 563 parking spaces, 116 spaces in excess of the 447 parking stalls required by PD-30. This includes one parking space per unit (345 spaces), guest parking at a rate of one space per four dwelling units (87 spaces), and one parking space per 1,000 square feet of retail in excess of the first 6,000 square feet (15 spaces). The project also includes 128 bicycle parking spaces, 55 in excess of the 73 bicycle spaces required. 

 

Vehicle access to the parking garage will be from Solana Court. The existing 16-foot wide alley will be widened to 20 feet to accommodate two-way vehicular traffic. A temporary loading/unloading space will be located on West 4th Street near Solana Court.

 

The proposed street trees and public right-of-way landscaping improvements offsite will enhance the pedestrian experience. Due to the proximity of the Project to a Metro Blue Line transit station, a condition of approval has been added requiring the applicant to further assess the feasibility of a pedestrian scramble at the intersection of Pacific Avenue and West 4th Street.

 

During the first phase of the Project, the mid-rise building, the paseo, alley improvements, and adjacent public right-of-way improvements will be constructed.  Phase two will consist of the construction of the south high-rise tower.  During the second phase of construction, the paseo is anticipated to be used for staging, and the landscaping removed will be replaced.

 

The Project Site is in the PD-30 Height Incentive Area, a subarea that allows high-rise development. The PD-30 Height Incentive Area is characterized by mid- and high-rise residential development, high-intensity employment, and various retail, cultural, and entertainment destinations. The maximum base floor area ratio (FAR) in the PD-30 Height Incentive Area is 8.0. The Project’s total gross building area would be approximately 659,515 square feet, including all below-grade levels. With the subtraction of exempt garage square footage, the FAR would be 9.48 (505,536 square feet), where a FAR of 11 (586,938 square feet) is the maximum permitted with incentives. To exceed the base FAR of 8.0 in the PD-30 Height Incentive Area, the applicant is proposing to use a combination of three development incentives for an additional 1.5 of FAR; LEED Silver Certified or Equivalent, Green Roof or Eco-Roof, and Public Open Space.

 

The base height limit in the PD-30 Height Incentive Area is 240 feet, but this may be increased up to 500 feet with incorporation of the proposed incentives discussed above. The total height of the south tower is proposed to be 269 feet above grade. The north mid-rise building will be 85 feet in height, which is within the base height limit for the area. The Project is designed to conform with all applicable development standards of PD-30 and is consistent with the level and intensity of development intended by the Zoning District. The incentives are memorialized in the Conditions of Approval (Attachment D - Conditions of Approval).

 

Vesting Tentative Tract Map

 

The Project includes a Vesting Tentative Tract Map (VTTM), which merges six lots into a single ground lot and creates six airspace lots (Attachment E - VTTM No. 82334).  The airspace lots facilitate separation of the residential, commercial, and parking areas for financing purposes. The proposed residential units will remain rental units.

 

To create the public paseo at Roble Way, a vacation of the existing 10-foot wide alley is provided. In addition, between two and nine feet of the public right-of-way along Pacific Avenue will be vacated.

 

General Plan Conformity Findings

 

The General Plan Conformity finding pertains to the proposed alley vacation, and vacation of portions of the right-of-way described above. All vacations must be found consistent with the General Plan. All elements of the General Plan were considered when reviewing the vacations requested, and staff found them to be in conformance with all applicable elements (Attachment F - Findings).

 

The Project, with its high-density residential, mixed-use nature, building heights, and orientation, is representative of the type of developments anticipated within the Downtown Plan. The site is an ideal location for this transit-oriented development, as it is well served by multi-modal transportation options. Improving the site with a high-quality, context-sensitive mixed-use residential project will activate the site and contribute new residential units to the City’s housing stock.

 

Environmental Impact Report Addendum

 

On September 19, 2019, the Planning Commission accepted the EIR Addendum and conditionally approved the Site Plan Review (SPR), General Plan Conformity (GPC), and Vesting Tentative Tract Map (VTTM) requests at the Public Hearing. Five pieces of written correspondence were received prior to the Planning Commission Hearing. Comments in support and opposition to the project were also made at the Public Hearing (Attachment G - Public Hearing Public Comments). 

 

Appeal

 

An appeal of the Planning Commission’s approval of the Project, filed by the Supporters Alliance for Environmental Responsibility, asserts that the Project introduces environmental impacts that were not considered in the PD-30 Program EIR, and that a tiered EIR must be prepared (Attachment H - Application for Appeal). 

 

Staff’s response to the appeal is attached and demonstrates that the Project would not result in an effect on the environment, and the Project is consistent with all required findings (Attachment I). An EIR Addendum (EIRA-02-19) was prepared for this Project in accordance with Sections 15164 and 15162 of the California Environmental Quality Act (CEQA) Guidelines (Attachment J - EIR Addendum). The EIR Addendum analyzed the proposed Project in accordance with the Downtown Plan Program EIR (SCH No. 2009071006) and determined that the Project will not result in any new significant impacts that exceed those analyzed in the Downtown Plan Program EIR, with mitigation measures included (Attachment K - Downtown Plan Program EIR-04-08). Additionally, the development is subject to the Downtown Plan Program EIR Mitigation Monitoring and Reporting Program (MMRP), which is designed to ensure compliance with adopted mitigation measures during Project implementation (Attachment L - Downtown Plan MMRP). For each mitigation measure recommended in the Program EIR that applies to the proposed Project, specifications identify the action required, the monitoring that must occur, and the party responsible for verifying compliance.

 

The proposed Project is consistent with the PD-30 development standards and the Program EIR prepared for the Downtown Plan. The Project will introduce new housing and retail space to further serve residents, tourists, employees, and business visitors in the greater Downtown area.

 

Staff analyzed the Project, in accordance with the required findings for SPR, GPC, and VTTM entitlements, and find that positive findings can be made for each approval. The appeal materials provided by the appellant are consistent with the materials considered by the Planning Commission, which ultimately approved the Project.

 

Public Hearing notices were distributed on October 18, 2019, in accordance with the requirements of Chapter 21.21 of the Long Beach Municipal Code.

 

One piece of written correspondence was received prior to the City Council Hearing (Attachment M - City Council Public Comments).

 

This matter was reviewed by Assistant City Attorney Michael J. Mais on October 25, 2019 and by Budget Analysis Officer Julissa José-Murray, on October 23, 2019.

 

TIMING CONSIDERATIONS

City Council action is requested on November 12, 2019. Section 21.21.504.B of the Zoning Regulations requires a Public Hearing for an appeal to the City Council to take place within 60 days of receipt of an appeal, the first of which was filed on September 27, 2019.

 

FISCAL IMPACT

This recommendation is within the normal budgeted scope of staff duties and is consistent with City Council priorities. There is no fiscal or local job impact associated with this recommendation.

 

SUGGESTED ACTION

Approve recommendation.

 

BODY

[Enter Body Here]

 

Respectfully Submitted,

LINDA F. TATUM, FAICP

DIRECTOR OF DEVELOPMENT SERVICES

 

 

 

APPROVED:

 

THOMAS B. MODICA

ACTING CITY MANAGER