TENTATIVE RULING SHOOTS DOWN CITY COUNCIL’S CONTROVERSIAL APPROVAL IN 2006

A Superior Court judge on Tuesday invalidated the controversial Environmental Impact Report (EIR) that the Long Beach City Council had approved for a Home Depot and retail project on the edge of the Los Cerritos Wetlands. The tentative ruling ordered that all work on the proposed project cease until a new “EIR has been prepared, publicly circulated and approved in a manner required by law.”

Three rather unlikely allies — the energy company AES Alamitos LLC, the Los Cerritos Wetlands Land Trust and the University Park Estates Neighborhood Association — had filed suit against the City of Long Beach, alleging that the EIR was illegal because it violated provisions of the California Environmental Quality Act of 1970.

Judge John A. Torribio upheld their suit on all but one count. In the city’s lone victory, Torribio held that a retail use of the site — a former tank farm at the intersection of Loynes Drive and Studebaker Road –was consistent with the Long Beach Municipal Code.

However, even in that case, the judge deferred to whatever the California Coastal Commission may eventually decide on the matter. And that doesn’t look especially good for Home Depot, inasmuch as a report by Coastal Commission staff has concluded that the proposed big box store and retail center massively violates of the Coastal Act and the Local Coastal Program.

Although the Coastal Commission is not bound to follow the recommendations of its staff, the negative report prompted Home Depot to pull its proposal from the panel’s agenda a few days before it was scheduled to be considered in October.  It is up to Home Depot to re-apply for Coastal Commission approval.

Torribio’s tentative ruling Tuesday was exactly that – not final.  He issued his orderafter listening to arguments from attorneys and discussing their points of view. But both sides will be submitting additional briefs on items of contention, then reconvene in Torribio’s court on Feb. 1 for another hearing.

In October 2006, the Long Beach City Council heard most of the same objections to the EIR that were laid out in Torribio’s courtroom Tuesday, but ignored them. By a 6-3 vote it approved the EIR — and, thus, the project, which is the big-money baby of wealthy Naples resident Tom Dean and his Studebaker, LLC. Civic insider Chris Pook has been retained by Home Depot to promote the project.  

Tags: AES Alamitos LLC, Chris Pook, Dave Wielenga, home depot, Long Beach, Long Beach City Council, Los Cerritos Wetlands, Tom Dean, University Park Estates