Homeowners Settling with City/Developer Over Dispute

A lawsuit filed in May 2024 by Bryant homeowners against the City of Long Beach has settled out of court to resolve the top concerns of the three parties involved in the suit – Bryant Neighbors for Responsible Development, the city, and Long Beach-based Linc Community Development Corp.

Called “4151 Fountain St, 4220 Wehrle Ct.” on the City of Long Beach Community Development’s project map, it’s a 73-unit affordable apartment construction project for lower-income residents that will be built on about 1.73 acres of land. It’s a block away from Bryant Elementary School, which can be heavily congested with parents dropping off or picking up their kids. Both the Fountain St. and Wehrle Ct. addresses are located on narrow streets with little available parking – and with narrow access for vehicles coming to and from the neighborhood.

A solution to this limited throughput is moving forward in the city’s approval process that came from the three parties negotiating the settlement. The legal settlement will add an additional parcel of land fronting on 4209 E. Anaheim St., that will provide ingress and egress to those who will be living in the new housing complex to leave or enter their neighborhood. That would help keep Fountain, Wehrle and other nearby streets, from being jammed during certain heavy traffic time periods.

On June 11, the Long Beach Community Investment Co. approved a $2 million loan to Linc for the purchase and development of a lot at the 4209 E Anaheim St. address, which you can see in the photo.

Long Beach Community Investment Co. is a non-profit entity established by the city to oversee and manage housing and neighborhood revitalization efforts.

Another aspect to the settlement is changes to the rooftop decks in the new housing complex, says Santa Monica-based Scott Pomerantz, the attorney for Bryant Neighbors. The planned rooftop deck on the northern building that is closest to the homes on 14th St. will be eliminated and the access hours to the deck on the other building will be limited to 9 a.m. to 8 p.m. on Sunday through Thursday, and 11 a.m. to 10 p.m. on Friday and Saturday, Pomerantz said.

Other parts of the settlement include funds for neighbors to plant trees in the northern section of the Fountain St. and Wehrle Ct. project; funds to establish a permit parking zone on these streets to restrict street parking to residents qualifying for the parking permits; and outdoor receptacles for pet waste and available dog waste bags.

“The settlement benefits neighborhood residents, the school, parents, students and the new residents moving in,” said David Lake, president of the Bryant Neighbors for Responsible Development.

Along with making the area more accessible, it will also better serve the residents who live with disabilities, which will make up about 25% of those moving into the project, Pomerantz said. Moving ingress/egress to Anaheim St. will give them direct access to that route, he said.

It also supports residents having more direct access to bus stops on Anaheim St. and Ximeno Ave., Lake said. Delivery services such as DoorDash, Instacart and Amazon, will be able to get in and out of the neighborhood easier, he said.

It’s also expected to benefit business owners on Anaheim St., who will be seeing new residents going that route and discovering restaurants and other businesses that can serve their interests and increase quality of life, they said.

Lake said Bryant Neighbors has appreciated Third District Councilmember Kristina Duggan and her staff for listening to their concerns and offering support during the process. They also acknowledged the city and Linc for being good stewards in the community.

More details on the settlement, and carrying out the construction and completion of the housing units, parking spaces, and the infrastructure serving these new residents including the ingress/egress, will be coming out in the months ahead, Pomerantz said.

How the Lawsuit Started

In Bryant Neighbors for Responsible Development vs. City of Long Beach, a legal action was filed at LA County Superior Court on May 22, 2024. In April 2024, the Long Beach City Council had approved zoning changes that gave the green light to a 73-unit affordable apartment construction project for lower-income residents that would begin construction in 2025.

In December, Judge James C. Chalfant wrote in an LA Superior Court 37-page ruling that the petitioner (Bryant Neighbors) had not proven that the city improperly conducted the Site Plan Review or that it had violated the California Environmental Quality Act (CEQA) and zoning laws. On the other hand, Chalfant ruled that the trial would continue because Bryant Neighbors presented prima facie evidence that “decision-makers and the public were misled to believe” that the zoning changes needed for the project were “‘clean up’ that the decision-makers were required to adopt rather than a discretionary decision about the project.”

The three parties to the suit later negotiated over the legal issues that led to the settlement agreement coming together.

The city’s plan shows two housing structures to be set up. Building A on Fountain Street will be four stories high and it will have 50 units for renters. Building B on Werhle Court will have three stories and 21 units for renters. There will also be unit space available for the property manager. Eighteen of the units will be designed for disabled residents.

There will be 67 at-grade parking stalls at the facility as well. It’s expected that over 200 residents will be moving into these new buildings.

Construction was supposed to be underway early this year with expected completion in late-2026.

Jon LeSage is a resident of Long Beach and a veteran business media reporter and editor. You can reach him at jtlesage1@yahoo.com.