Administrative
Report
L.2., File # 23-5456 Meeting Date: 2/7/2023
To: MAYOR AND CITY COUNCIL
From: BRANDY FORBES, COMMUNITY DEVELOPMENT DIRECTOR
TITLE
PUBLIC HEARING FOR CONSIDERATION OF AN APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR’S NOTICE OF INCOMPLETE APPLICATION DATED DECEMBER 7, 2022 FOR 1021 N. HARBOR DRIVE, REDONDO BEACH, CALIFORNIA 90277 AS APPEALED ON DECEMBER 13, 2022 PURSUANT TO REDONDO BEACH MUNICIPAL CODE SECTION 1-4.01 GENERAL APPEAL PROCEDURES
PROCEDURE:
The public hearing is to be structured in the following order, subject to the Rules of Conduct for City Council meetings:
1. Announcement and motion to open the public hearing;
2. Motion to receive and file affidavit of publication, case file, and written correspondence;
3. Staff presentation;
4. Public testimony and presentation of evidence;
a. Proponent maximum of 1 hour;
b. Public comment 3 minutes each;
c. Proponent rebuttal 20 minutes.
5. City Council questions;
6. Motion to close public hearing;
7. City Council discussion and debate;
8. Motion and action.
ADOPT BY TITLE ONLY RESOLUTION NO. CC-2302-022, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, OVERTURNING THE COMMUNITY DEVELOPMENT DIRECTOR’S DECISION TO DEEM THE APPLICATION
INCOMPLETE AND AUTHORIZING THE REVIEW OF THE APPLICATION FOR A PROPOSED MIXED-USE HOUSING PROJECT LOCATED AT 1021 N. HARBOR DRIVE (APN: 7503-013-016 AND 7503-013-017);
OR
ADOPT BY TITLE ONLY 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.
L.2., File # 23-5456 Meeting Date: 2/7/2023
INCOMPLETE FOR A PROPOSED MIXED-USE HOUSING PROJECT LOCATED AT 1021 N.
HARBOR DRIVE (APN: 7503-013-016 AND 7503-013-017)
EXECUTIVE SUMMARY
The owner of the property at 1021 N. Harbor Drive in Redondo Beach submitted a preliminary application for a mixed-use development project on July 21, 2022. The formal applications for the site were submitted on November 10, 2022. The application proposes a mixed-use housing development inclusive of 35 residential condominium units (20% affordable at low income level) and 8,574 square feet of retail/commercial uses.
On December 7, 2022, the Community Development Director issued a letter to the applicant’s representative deeming the application incomplete (attached).
On December 13, 2022, the applicant’s representative submitted an appeal of the Community Development Director’s notice of incompleteness. The appeal was submitted pursuant to Redondo Beach Municipal Code (RBMC) Section 1-4.01 General Appeal Procedures. The public hearing is for City Council’s consideration of the appeal.
BACKGROUND
The owner of the property at 1021 N. Harbor Drive in Redondo Beach submitted a preliminary application for a mixed-use development project on July 21, 2022. The formal applications for the site were submitted on November 10, 2022, including applications for the following:
· Coastal Development Permit
· Conditional Use Permit
· Planning Commission Design Review
· Condominium Subdivision
· Environmental Assessment
As stated in the application, the applicant seeks to “develop 35 residential condominium units, along with 8,574 square feet of retail/commercial uses on the subject site. The site is located in the CC-4 zone and the Coastal Commercial land use designation in the Coastal Zone. The project site spans fourteen adjacent parcels and vacated streets, which make up the current site of the now-vacant Sea Lab educational facility.”
The applicant acknowledged in the preliminary application materials and in the formal submittal of the application that the project site is located in the CC-4 zone and the Coastal Commercial land use designation in the General Plan. The applicant explicitly acknowledged in the application materials that residential uses are not allowed uses in either the CC-4 zone or under the Coastal Commercial land use designation.
In response to the application materials, the Community Development Director provided the applicant with a letter dated December 7, 2022 (attached), which found that the application was incomplete.
This determination was based on the fact that the application is inconsistent with the applicable general plan land use designation and zoning applicable to the site, including the uses allowed in the City’s certified Local Coastal Program.
The letter identified two possible ways for the applicant to submit an application that could be
L.2., File # 23-5456 Meeting Date: 2/7/2023
The letter identified two possible ways for the applicant to submit an application that could be deemed complete. First, the Director noted that the applicant could submit an application for an allowed land use per the RBMC Coastal Land Use Plan Implementing Ordinance. Alternatively, the Director noted that if the applicant seeks to develop residential uses on the site, an application for a General Plan Amendment, Local Coastal Land Use Plan Amendment, and Zoning Amendment could be submitted.
As noted above, the application materials sought a number of approvals, including a Coastal Development Permit. The RBMC outlines the necessary application procedures and applicable requirements for Coastal Development Permits, as follows:
10-5.2210 Coastal Development Permit application.
(a) Application.
(1) The applicant shall file with the Community Development Department a completed application for a Coastal Development Permit in a form provided by the Community Development Department. Except as provided in Stormwater and Urban Runoff Pollution Control Regulations Chapter 7, Title 5 of the Redondo Beach Municipal Code, the application shall be made concurrently with or following application for any other permits or approvals required for the project by the City of Redondo Beach Municipal Code.
(2) The owner of record of the lot or parcel of property which is to be affected by the application shall file an affidavit authorizing the application on a form provided by the Community Development Department.
(3) Upon the filing of an application, the applicant shall pay a fee, as set forth by resolution of the City Council.
(4) To the maximum extent feasible, functionally related developments to be performed by the same applicant shall be the subject of a single permit application. The Community Development Director shall not accept for filing a second application for development which is the subject of a permit application already pending before the City. This section shall not limit the right of an applicant to amend a pending application.
(b) Contents of application. In addition to the application and fee, a site plan, floor plan, and elevations of the project drawn to scale and dimensioned shall be submitted which include the following information as applicable:
(1) Existing topography and proposed grading;
(2) Existing trees with a trunk diameter of six (6) inches or greater; (3) All buildings and structures, and the uses within each room; (4) Improvements in the public right-of-way, including location of sidewalk, parkway, curb, gutter, street width to centerline, and dedications; (5) Exterior lighting;
(6) Easements;
(7) Off-street parking areas, including the stall striping, aisles, and driveways;
(8) The lot dimensions;
(9) Setbacks and spaces between buildings;
(10) Walls, fences, and landscaping and their location, height, and materials;
L.2., File # 23-5456 Meeting Date: 2/7/2023
(11) Landscaping areas;
(12) Trash and recycling facilities;
(13) The architectural elevations of all sides of all structures depicting design, color, materials, textures, ornaments, or other architectural features; (14) The location, dimensions, and design of all signs; (15) A section of the building as it relates to the existing topography and proposed grading where the slope of the site is greater than four (4) feet; (16) Proof of ownership;
(17) Preliminary approvals by City, State and Federal agencies; (18) Drainage and erosion control plans reviewed and approved by the City Engineer pursuant to Chapter 7 of Title 5 of the Redondo Beach Municipal Code; (19) Such 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. (c) Following submittal of an application, the Community Development Department shall review the application for completeness. Within thirty (30) calendar days from submittal, the Community Development Department shall notify the applicant in writing of which parts, if any, of the application are incomplete and describe the specific materials needed to complete the application. Not later than thirty (30) days after receipt of the requested materials, the Community Development Department shall determine whether the submittal of the requested materials is complete and transmit that determination to the applicant. If no determination of completeness is provided to the applicant within thirty (30) days of submittal, the application will be deemed complete. Any 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. Until such application is determined to be complete by the Community Development Department, no action other than that described in this subsection shall be taken by the Community Development Department.
(d) Concurrent processing. To the extent possible, action on a Coastal Development Permit application shall be taken concurrently with action on any other permits or approvals required for the project by the City.
As stated above, an application for a Coastal Development Permit shall not be determined to be complete unless the applicable requirements of RBMC Section 10-5.2210 are met. Under the “Contents of application” provisions in subsection (b) above, item (19) requires that the applicant submit “[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.” In turn, RBMC Section 10-5.2218(c) (1) requires as a finding of approval for a Coastal Development Permit, “that the proposed development is in conformity with the Certified Local Coastal Program.” In the application materials provided to the City, the applicant specifically acknowledged that CC-4 Zoning does not allow for residential uses. Thus, instead of providing “data” that could be used to demonstrate that the project is in conformity with the Certified Local Coastal Program, the application materials clearly demonstrate that the proposed project is NOT in conformity with the Certified Local Coastal Program, including the adopted Coastal Land Use Plan Implementing Ordinance. Therefore, pursuant to the requirements of RBMC Section 10-5-2210, the Community Development Director determined that the application was incomplete.
As stated in the materials provided to the City, the applicant submitted a preliminary application in an
L.2., File # 23-5456 Meeting Date: 2/7/2023
As stated in the materials provided to the City, the applicant submitted a preliminary application in an effort to use the “Builder’s Remedy” provision of the Housing Accountability Act [Government Code Section 65589.5(d)(5)] to bypass the City’s General Plan, Zoning Code and Certified Local Coastal Program. However, the Housing Accountability Act explicitly states that despite the provisions therein, nothing in the Housing Accountability Act relieves the City from its obligation to comply with the California Coastal Act. The City has a Certified Local Coastal Program in place, as well as an approved Implementing Ordinance, and has an obligation to ensure compliance with both the Program and the Ordinance. Because the applicant provided information to the City that clearly demonstrated that the proposed project would be inconsistent with the City’s Certified Local Coastal Program, the Community Development Director determined that the application materials were incomplete.
APPEAL PROCEDURES
The Municipal Code does not include specific procedures for appealing a determination of incompleteness for the various permit applications. The applicant submitted an appeal through the provisions of RBMC Title 1, Chapter 4 Appeals, which provides as follows:
1-4.01 Right to appeal.
Except as otherwise specifically provided in this Code, any person excepting to the denial, suspension or revocation of a permit applied for or held by him pursuant to any of the provisions of this Code, or to any administrative decision made by any official of the City pursuant to any of the provisions of this Code, may appeal in writing to the Council by filing with the City Clerk a written notice of such appeal, setting forth the specific grounds thereof.
1-4.02 Time within which an appeal must be filed.
Such notice must be filed with the City Clerk within fourteen (14) days after receipt of written notice of such action appealed from, but in no event later than thirty (30) days after the date of such action.
1-4.03 Hearing: Notice.
The City Clerk shall forthwith set said matter for hearing before the Council at a subsequent regular meeting and shall cause notice thereof to be given to the applicant not less than five (5) days prior to such hearing, unless such notice is waived in writing by the applicant. At such hearing the appellant shall show cause on the grounds specified in the notice of appeal why the action excepted to should not be approved.
The Council may continue the hearing from time to time, and its findings on the appeal shall be final and conclusive in the matter.
The applicant submitted the appeal within the allotted appeal timeframe stated above. The City Clerk scheduled the public hearing for February 7, 2023 and notified the applicant of the public hearing schedule in a timely manner. The public hearing was properly noticed.
The public hearing is to be structured subject to the Rules of Conduct for City Council meetings:
1. Announcement and motion to open the public hearing;
2. Motion to receive and file affidavit of publication, case file, and written correspondence;
3. Staff presentation;
L.2., File # 23-5456 Meeting Date: 2/7/2023
4. Public testimony and presentation of evidence;
a. Proponent maximum of 1 hour;
b. Public comment 3 minutes each;
c. Proponent rebuttal 20 minutes.
5. City Council questions;
6. Motion to close public hearing;
7. City Council discussion and debate;
8. Motion and action.
City Council may choose to grant the appeal and overturn the Community Development Director’s determination of incompleteness of the application. Alternatively, City Council may deny the appeal and uphold the Community Development Director’s determination of incompleteness of the application. Resolutions reflecting each potential outcome are included as attachments.
COORDINATION
The preparation of this administrative report and draft Resolutions has been coordinated with the City Attorney’s Office.
FISCAL IMPACT
Processing of development applications, including hearings before the City Council are part of the Community Development Department’s annual work program.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· Reso - Denying Appeal
· Reso - Granting Appeal
· Appeal Documents
· Email - Preliminary Application, 1021 N Harbor Drive, July 21, 2022 · Preliminary Application - 1021 N Harbor Drive, July 20, 2022 · Email - Submittal of Formal Application for 1021 N. Harbor Drive, November 10, 2022 · Application - Coastal Development Permit, November 10, 2022 · Architectural Plans - 1021 N Harbor Drive
· Civil Plans - 1021 N Harbor Drive
· Affordable Housing Agreement - New Commune DTLA, LLC. · Hydrology Report - B.A. Sims Engineering, Inc., 1021 N Harbor Drive · Vesting Map - Tentative Tract Map No. 084026
· Letter Determining Application Incomplete - 1021 N Harbor Drive, December 7, 2022 · Letter from Applicant’s Representative - Newmeyer Dillion, December 9, 2022 · City Clerk’s Notice of Public Hearing Date for Appeal, December 18, 2022 · Proof Legal Ad - Easy Reader, January 26, 2023