One issue concerning the Bay City Partners project remains in limbo: whether there is a public easement on the property.
“So far they have not been able to document that a public trust easement is on our property,” said Ed Selich, project manager for Bay City Partners, in a recent e-mail to the Sun.
“That does not mean that one does not exist; it just means they have not provided satisfactory proof that it does,” Selich said.
Assistant City Attorney Steve Flower told the Planning Commission on Wednesday, June 6, that the state agency is willing to swap land to protect the public easement and allow the property to be developed.
The State Lands Commission told the Seal Beach Planning Commission that it is willing to negotiate a land swap with the owners of the Bay City Partners property in Old Town so the proposed residential development of the property could go forward.
But representatives of Bay City Partners have not yet seen evidence of a public easement granting right of access to the section of the property zoned for development.
“More than likely it does exist,” Selic said. “They (the State Lands Commission) do not make these claims lightly. We just have to see the proof. Once we see the proof we will negotiate an exchange agreement with them.”
Selich, in a May 10 e-mail to the Sun, said the California agaency is still investigating to determine if there is a public land trust issue. “They need to show documentation that the State has a valid public trust easement. They have not done that yet. They said it would take some research. I expect an answer soon,” Selich wrote.
“If the easement does not exist; end of story,” Selich wrote. “If it does exist I have discussed with them an exchange or boundary adjustment to put the easement in an area not proposed for residential development. They are amenable to that.”
The Bay City Partners have applied to change the zoning for the land formerly owned by the Los Angeles Department of Water and Power. The land is currently zoned for 70 percent open-space and a 150-room hotel on the remainder. The property owners until recently proposed building 48 residential homes on the land.
The Planning Commission recently voted to recommend that the City Council approve the residential project. The DWP Advisory Committee and the Environmental Control Board have voted to recommend that the City Council deny the project.
