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HomeMy WebLinkAboutPublic Comment from Scott LevittLEVITT L AW A PROFESSIONAL CORPORATION March 9, 2026 City Clerk & City Council City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 ghaiper@sealbeachca.gov Nicholas R. Ghirelli, Esq. City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 nghirelli@rwalaw.com SENT VIA ELECTRONIC MAIL Re: Lampson Park Place Project March 9, 2026 City Council Meeting Dear Madam City Clerk, City Council, and Mr. Ghirelli: As you will recall, we represent Lampson Park Place LLC, the ownership entity of Lennar's Los Alamitos housing project. I write in advance of the March 9, 2026 Seal Beach City Council meeting to briefly summarize several points I intend to raise during public comment regarding the Project located at 4665 Lampson Avenue in the City of Los Alamitos. The purpose of this letter is simply to ensure that the Council, staff, and the public clearly understand the practical consequences of the City's current position regarding the requested encroachment permit and sewer connection. First, the Lampson Park Place project has already been approved by the City of Los Alamitos and will proceed. The project consists of 246 residential units, including a substantial affordable housing component. The only question presently before Seal Beach is whether the City will allow the project to connect to an existing sewer line located within approximately one hundred feet of the project site through a routine encroachment permit or whether it will force the developer to connect to the alternative district causing months or years of disruption for the City's residents who utilize Lampson on a daily basis. In either instance the City must issue an encroachment permit. Second, if the City simply approves the City sewer connection, the physical impact to Seal Beach infrastructure would be minimal. The work consists primarily of a short trench connection and limited roadway disturbance along Lampson Avenue. The construction work required within Seal Beach would be measured in feet, not miles, and in days or weeks, not months or years. 311 Main Street, Suite 8 1 Seal Beach, CA 90740 Phone:562-493-7548 1 www.levittlawca.com I acott@levittlawca.com Third, the City's refusal to allow the connection will not stop the project. Instead, it will and currently has forced the developer to pursue alternative sewer infrastructure through other jurisdictions which has already been approved by such jurisdiction. Previously, the City cited a required new sewer capacity study was needed for approval. However, the Project, when first proposed had a sewer study completed. Such study was reviewed by Seal Beach consultants. The City's consultants,provided input, the study was completed in accordance with such comments and was approved. The metrics used in such study are the same as those used in the City's housing element plan issued to the State of California. However, the City, in the past six months changed the metrics when it issued its new sewer study requirement. Such was done without any justification for the change, nor for the need for a new study itself, as the previous study, accepted by the City, already acknowledged adequate capacity, and reiterated such in comments made by the City made in its State housing element proposal. Fourth, the City is presently walking away from a significant financial benefit. The project applicant previously offered voluntary financial contributions totaling approximately $1.0 million for stormwater studies, traffic improvements, park funding, and other community benefits, along with roughly $1.2 million in permit and connection related revenues and the long-term revenue stream associated with sewer service. These figures do not include the decades of monthly revenue generated from the actual monthly fees from the homeowners for such services. All of these funds would directly benefit Seal Beach residents and infrastructure. Fifth, the current course of delay also exposes the City to unnecessary legal risk. As noted in prior correspondence from project counsel, the Housing Accountability Act prohibits local agencies from engaging in conduct that effectively disapproves or delays housing development through obstruction of post -entitlement permits. My hope is that the City will reconsider its position before further legal escalation becomes necessary. The Lampson project will move forward regardless of the City's decision. The only remaining question is whether Seal Beach will choose to participate in a straightforward infrastructure solution that benefits the City financially and minimizes disruption, or whether the City will force a more complex and disruptive alternative while simultaneously forfeiting millions of dollars in revenue and risking litigation from the State of California, non-profit housing advocacy groups, and the developer if necessary. I look forward to addressing the Council briefly on these issues on March 9. Sincerely, Scott L. Levitt, Esq. Cc: llandau(@sealbeachca.gov; bwong@a,sealbeachca.gov; nsteeleesealbeachca.gov; jkalmick@sealbeachca.gov psenecal e sealbeachca.gov 311 Main Street, Suite 8 1 Seal Beach, CA 90740 Phone:562-493-7548 1 www.levittlawca.com I acott®levittlawca.com