RESOLUTION NO. CC-2302-023
1021 N HARBOR UPHOLD DIRECTOR DECISION
PAGE NO. 1
RESOLUTION NO. CC-2302-023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDONDO BEACH, CALIFORNIA, UPHOLDING THE
COMMUNITY DEVELOPMENT DIRECTOR’S DECISION TO
DEEM THE APPLICATION INCOMPLETE FOR A PROPOSED
MIXED-USE HOUSING PROJECT LOCATED AT 1021 N.
HARBOR DRIVE (APN: 7503-013-016 and 7503-013-017)
WHEREAS, the City Council adopted a Housing Element in accordance with the sixth cycle housing element update and California Government Code Section 65588 on July 5, 2022; and
WHEREAS, the City’s adopted Housing Element substantially complies with state law, as stated in the City Council’s resolution of adoption; and WHEREAS, the California Department of Housing and Community Development (“HCD”) also has concluded that the City’s Housing Element substantially complies with state law; and WHEREAS, the City’s Housing Element “Site Inventory” did not include the former Sea Lab educational facility located at 1021 North Harbor Drive, identified as Assessor Parcel Numbers 7503-013-016 and 7503-013-017 (“Sea Lab Site”); and WHEREAS, the Sea Lab Site has been and continues to be designated as “Coastal Commercial” in the City’s General Plan Land Use Element, and remains zoned as Coastal Commercial (“CC-4”) on the City’s Zoning Map and within the “Coastal Land Use Plan Implementing Ordinance” for the City’s Certified Local Coastal Program; and WHEREAS, the Coastal Commercial land use designation and CC-4 zone do not allow residential uses, as acknowledged by the application materials at issue here; and WHEREAS, Redondo Beach Municipal Code (“RBMC”) Section 10-5.2210(c) provides that “[a]ny application for a Coastal Development Permit shall not be determined to be complete and shall not be filed until and unless the applicable requirements of Section 10-5.2210 of this article have been met”; and
WHEREAS, RBMC Section 10-5.2210(b) establishes the requirements for a complete application for a Coastal Development Permit, including that the application must contain “[s]uch other data as may be required to demonstrate that the project is consistent with the findings required for approval pursuant to Section 10-5.2218”; and WHEREAS, RBMC Section 10-5.2218 requires that approval of a Coastal Development Permit be based “upon compliance with the provisions of the certified Redondo Beach Local Coastal Program and consistency with the policies of the Coastal Act”; and WHEREAS, the City’s certified Local Coastal Program and “Coastal Land Use Plan Implementing Ordinance” designate the Sea Lab Site as CC-4, which is a zone that does not allow for residential uses; and
RESOLUTION NO. CC-2302-023
1021 N HARBOR UPHOLD DIRECTOR DECISION
PAGE NO. 2
WHEREAS, on July 20, 2022, the City received a “preliminary application” under Government Code Section 65941.1, proposing to construct a 35-unit condominium project (totaling 133,943 square feet) with an additional 8,574 square foot retail/commercial space on the Sea Lab Site; and
WHEREAS, on November 10, 2022, the City received a formal application for a Coastal Development Permit, a Combined Application for a Conditional Use Permit and Planning Commission Design Review to Establish Condominium Usage, and an Application for a Condominium Subdivision (“Applications”); and
WHEREAS, on December 7, 2022, the City’s Community Development Director informed New Commune DTLA and its representatives (collectively, “Appellant”) that the City could not process the Applications (“Director’s Decision”); and
WHEREAS, on December 13, 2022, the City received an Appeal of the Director’s Decision, characterized as an appeal pursuant to RBMC Section 1-4.01 (“Appeal”); and WHEREAS, on December 21, 2022, the City Clerk sent an email to the Appellant setting a public hearing for consideration of the Appeal for February 7, 2023 at 6:00 pm.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. As stated above, Appellant submitted an application for a mixed-use housing development project that includes a request for a Coastal Development Permit on a site that is designated as Coastal Commercial and zoned as CC-4. The City’s Certified Local Coastal Program and “Coastal Land Use Plan Implementing Ordinance” establish the allowed uses within the CC-4 zone. Appellants acknowledged in the Applications that residential uses are not allowed in the CC-4 zone. To submit a complete application for a coastal development permit under the Redondo Beach Municipal Code and Local Coastal Program, the application must comply with the application requirements for a coastal development permit in RBMC Section 10-5.2210(c), which refers to all of the requirements in Section 10-5.2210, including the submittal of “other data” to demonstrate consistency with the findings required for the approval of the permit, including that the project comply with the certified Redondo Beach Local Coastal Program and the Coastal Act.
Instead of demonstrating consistency, the Applications here demonstrate that the proposed project and proposed residential uses do not comply with the City’s Certified Local Coastal Program and Coastal Land Use Plan Implementing Ordinance.
SECTION 2. Based on the foregoing and the City’s obligation to ensure compliance with the Coastal Act, the City Council hereby upholds the Director’s determination that the Application is incomplete and cannot be processed by the City.
SECTION 3. California Environmental Quality Act Not Applicable. Pursuant to Section 15270 of the State CEQA Guidelines (14 Cal. Code Regs. § 15270), CEQA does not apply to projects which a public agency rejects or disapproves.
SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
RESOLUTION NO. CC-2302-023
1021 N HARBOR UPHOLD DIRECTOR DECISION
PAGE NO. 3
PASSED, APPROVED AND ADOPTED this 7
th day of February, 2023.
________________________
William C. Brand, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Michael W. Webb, City Attorney Eleanor Manzano, CMC, City Clerk RESOLUTION NO. CC-2302-023
1021 N HARBOR UPHOLD DIRECTOR DECISION
PAGE NO. 4
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF REDONDO BEACH )
I, Eleanor Manzano, City Clerk of the City of Redondo Beach, California, do hereby certify that Resolution No. CC-2302-023 was passed and adopted by the City Council of the City of Redondo Beach, California, at a regular meeting of said City Council held on the 7 th day of February, 2023,
and there after signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________
Eleanor Manzano, CMC
City Clerk