1 EWM:ag A23-00031 (1/10/23)
01481015.docx
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH REPEALING ORDINANCE NO.
ORD-21-0013
WHEREAS, on December 17, 2020, the Planning Commission of the City of Long Beach (“City”) held a public hearing and recommended that the City Council approve a zone change from Light Industrial (IL) to Commercial Storage (CS) to facilitate the proposed development in the IL Zoning District associated with the construction and operation of the Pacific Place Project at 3701 Pacific Place (the “Project”); and WHEREAS, on April 13, 2021, the City Council held a do novo appeal hearing on the Project and following the public hearing Council upheld the Planning Commission’s Project Approvals and adopted Ordinance No. ORD-21-0013 approving the proposed zone change; and
WHEREAS, on May 12, 2021, the Riverpark Coalition and Los Angeles Waterkeeper (collectively, “Petitioners”) filed a Petition for Writ of Mandate in the Los Angeles Superior Court (Case 21STCP01537), challenging the City’s April 13, 2021 decision approving the Project; and
WHEREAS, on October 19, 2022, after a full briefing and hearing, the Court granted the Judgment for Petitioners, and ordered the City to set aside its approvals related to the Project; and
WHEREAS, on December 13, 2022, a judgment on the Peremptory Writ of Mandate was entered by the Court in which it specifically ordered the City to void, vacate and set aside its Project Approvals, including the Zone Change Ordinance (Ordinance No. ORD-21-0013; and
WHEREAS, the Peremptory Writ of Mandate further stated that no more than ninety(90) days after service of the Writ, the City must set aside and vacate in its ORD-23-0009
2 EWM:ag A23-00031 (1/10/23)
01481015.docx
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
entirety the aforementioned approvals and Ordinance in relation to the Project and file a return to the writ of mandate confirming that the City has taken such action; and WHEREAS, the City was served with the Peremptory Writ of Mandate on December 16, 2022;
NOW, THEREFORE, the City Council of the City of Long Beach ordains as follows:
Section 1. Ordinance No. ORD-21-0013, adopted on April 20, 2021 is hereby repealed.
Section 2. The City Clerk shall certify to the passage of this ordinance by the City Council and cause it to be posted in three (3) conspicuous places in the City of Long Beach, and it shall take effect on the thirty-first (31st) day after it is approved by the Mayor.
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1 I hereby certify that the foregoing ordinance was adopted by the City 2 Council of the City of Long Beach at its meeting of February 14, 2023, by the following 3 4
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vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
Approved: i { I l€ l VJ'v?
(D te)
EWM:ag A23-00031 (1/10/23)
01481015.docx
3 Zendejas, Allen, Duggan, Supernaw,
Kerr, Saro, Uranga, Austin.
None.
None.
Ricks-Oddie.
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA ) ss
COUNTY OF LOS ANGELES )
CITY OF LONG BEACH )
Alyssa Campos being duly sworn says: That I am employed in the Department of the City Clerk of the City of Long Beach; that on the 15th day of February 2023, I posted three true and correct copies of Ordinance No. ORD-23-0009 in three conspicuous places in the City of Long Beach, to wit: One of said copies in the lobby of City Hall in front of the Civic Chambers; one of said copies in the Billie Jean King Main Library; and one of said copies on the front counter of the City Clerk Department.
Subscribed and sworn to before me
This 15th day of February 2023.