All has been quiet on the western beachfront in Seal Beach concerning what is called the DWP property.
With two major development plans on the table, some have been waiting for the land war to begin—as it always seems to in this seaside city when the fate of one of the last significantly sized developable properties is on the line.
Well folks, it’s on!
On April 19, Bay City Partners, owners of the approximately 10-acre property, filed a lawsuit against the city, claiming two city projects
encroach on its private property and that the city is illegally trying to take portions of it by the process known as eminent domain.
The DWP property sits between the ocean and 1st Street and is bounded by the San Gabriel River at the city’s edge.
The city has plans to renovate the parking lot and the bike path along the river bike trail. It has received a $2 million grant to do so from the Rivers and Mountains Conservancy. The project, called the River’s End Staging Area and San Gabriel River Trail Enhancements would improve the bike trail and beach lot while expanding the staging area of windsurfing and add some landscaping to the area. It would encompass about 2.7 acres of the property owners’ land.
The property owners say the city did not perform a proper environmental study for its plans.
Meanwhile, Bay City Partners says it has been frustrated by the city’s slow attention to its development plans for the site. It has submitted concepts for two projects—one would call for a 75-room hotel, the other is a three-acre residential project.
According to Edward Selich, Bay City’s project manager, the property owners have been trying to work in good faith with the city on its development proposals.
It purchased the property in 2003. Since then, Selich said. “(It) has repeatedly advised the city that it is willing to donate the land” for the city’s RESA project. He said the city has rejected BCP’s offer to work in cooperation with the city.
Instead, the city filed an eminent domain action in September of 2009 for the purpose of taking the driveway property, saying the property owner could restrict public access to the beach parking lot.
Bay City Partners include four partners who are also local citizens: Cindy Atkinson, trustee for the Atkinson family; Brian Kyle, Bob Griffith and Rocky Gentner. Selich said they have consistently assured the city they would never restrict access. However, they maintain the city’s taking of its property could restrict the property owners’ plan or the property.
Before the city filed its eminent domain lawsuit against the property owners, it offered to buy the driveway for $2.30 per square foot or about $48,000.
“The city’s offering price is significantly below the fair market value,” pointing to an unwarranted abuse by the city of the power of eminent domain, Selich said. “Ironically, the city’s eminent domain lawsuit against BCP could result in the city paying significant legal fees and other costs.”
Seal Beach City Councilman Charles Antos, whose District 1 encompasses the DWP property, said the issues of the city’s projects and the property owners development plans are separate issues.
“There is a whole lot of difference between a bike trail and beach access and a full-on development,” he said. “It makes no sense to tie them together and hold up doing anything on the bike trail until their project goes through an environmental process.”
Antos said he thinks the property owners plans face a long process.
“These guys are locals. When they bought the property they knew there was access to the beach down to the parking lot there,” Antos said. “It should come as no surprise to them that the city has had access there for more than 40 years.”
Antos said because of his public position he could not comment on the property owners’ project at this time.
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