Administrative
Report
L.1., File # 23-5887 Meeting Date: 5/9/2023
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 MARCH 3, 2023 FOR A PROPOSED MIXED USE DEVELOPMENT AT 1100 N. HARBOR DRIVE, REDONDO BEACH, CALIFORNIA 90277 AS APPEALED ON MARCH 9, 2023 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-2305-043, 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 1100 N. HARBOR DRIVE [APN: 7503-013-014; 7503-013-015; 7503-013-819; 7503-013-820]
OR
ADOPT BY TITLE ONLY RESOLUTION NO. CC-2305-043, 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 1100 N. HARBOR DRIVE [APN:
L.1., File # 23-5887 Meeting Date: 5/9/2023
PROPOSED MIXED-USE HOUSING PROJECT LOCATED AT 1100 N. HARBOR DRIVE [APN:
7503-013-014; 7503-013-015; 7503-013-819; 7503-013-820]
EXECUTIVE SUMMARY
The owner of the property at 1100 N. Harbor Drive in Redondo Beach submitted a preliminary application for a mixed-use development project on August 15, 2022. The formal applications for the site were submitted on February 6, 2023 (received after the established business hours of the Community Development Department). The application proposes a mixed-use housing development inclusive of 3.53 million square feet of residential, hotel, office and food/retail space. The application proposes 2,700 residential units (20% affordable at low income level), 300 hotel rooms and 550,000 square feet of office space.
On March 3, 2023, the Community Development Director issued a letter to the applicant’s representative deeming the application incomplete (attached).
On March 9, 2023, 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 1100 N. Harbor Drive in Redondo Beach submitted a preliminary application for a mixed-use development project on August 15, 2022. The formal applications for the site were submitted on February 6, 2023, including applications for the following:
· Coastal Development Permit
· Planning Commission Design Review
· Environmental Assessment
As stated in the application, the applicant seeks to “demolish most of the existing structures and build
3.53 million square feet of residential, hotel, office and food/retail space. New development will include 2,700 residential units, 300 hotel rooms and 550,00 square feet of office space.” The site is located in the “Public and Institutional” land use designation of the City’s General Plan and is zoned under the “P-GP” generating plant zoning district. The Local Coastal Program more specifically categorizes the land use as “Generating Plant.” The project site spans 4 adjacent parcels (APNs:
7503-013-014; 7503-013-015; 7503-013-819; 7503-013-820), which make up the current site of the AES Generating Plant.
The project site is located in the “Public and Institutional” land use designation of the City’s General Plan and is zoned under the “P-GP” generating plant zoning district. The Local Coastal Program more specifically categorizes the land use as “Generating Plant.” The project application forms explicitly acknowledge that residential and commercial uses are not expressly permitted or conditionally permitted uses at the site.
In response to the application materials, the Community Development Director provided the applicant with a letter dated March 3, 2023 (attached), which found that the application was incomplete. This determination was based in part 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
L.1., File # 23-5887 Meeting Date: 5/9/2023
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 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 the mix of residential and commercial uses on the site per the applications submitted thus far, the following additional applications could be submitted:
· Zoning Amendment (RBMC 10-5.2504)
· Local Coastal Land Use Plan Amendment (RBMC 10-5.2505) · General Plan Amendment (RBMC 10-2.2505)
· Subdivision/Tentative Tract Map Application (RBMC 10-1) As well as listing the additional applications that would be required, the March 3, 2023 letter provides significant detail on how the application checklist submittal requirements for the applications already submitted have not been met and what would need to be provided for those types of applications to be deemed complete. The incomplete items are listed below by application type.
Incompleteness Determination - Coastal Development Permit Application The Coastal Development Permit Application form (checklist) lists a number of submittal requirements. The following have not been met and are required before the application may be deemed complete:
1. Payment of appropriate fees must be made.
2. Mailing labels for residents within 100 feet of subject property must be provided.
3. Proof of ownership must be provided.
4. The application states that for developments subject to approval by the Planning Commission, Harbor Commission, or City Council, “2 complete sets of full-scale Conceptual Drawings and 25 complete copies of reduced 11”x17” drawings, as set forth in the attached Instructions for Graphic Portions, must accompany this application at the time of filing.” No hard copies of the drawings have been submitted. Furthermore, the documents available at the link that was provided as a submittal have been deleted. These documents must be submitted.
5. The application states, “To avoid multiple public hearings, applications should be made concurrently with application for any other permits or approvals for the project requiring a public hearing required for the project.” The applications that were not submitted but are required to consider the land uses proposed include an application for Zoning Amendment, Local Coastal Land Use Plan Amendment and General Plan Amendment. As well, a Subdivision/Tentative Tract Map Application or a Lot Consolidation Application may be required for the site. These applications are to be provided for consideration of applications concurrently.
6. For the graphic portion of the application, the following were not included in the drawings and
L.1., File # 23-5887 Meeting Date: 5/9/2023
6. For the graphic portion of the application, the following were not included in the drawings and must be provided:
a. All boundary lines of subject property fully dimensioned. It was unclear what are the dimensions of the boundary lines. These dimensions need to be clearly detailed on the drawings.
b. Existing trees with a trunk diameter of six inches (6") or greater. There is no key showing where those trees are located or dimension information provided on the drawings. This information needs to be clearly detailed on the drawings. c. Improvements in the public right of way, including location of sidewalk, parkway, curb, gutter, street width to centerline and dedications. These details need to be provided. d. Exterior lighting. These were not specifically shown throughout the site. Exterior lighting details need to be provided.
e. Although setbacks and spaces between buildings are shown, there is no dimension shown between the easements along Herondo Street and Residential Building A, Residential Building B and the Hotel. These need to be provided.
f. Walls, fences and landscaping and their location, height and materials. Although landscaping locations were broadly shown, there were no details of height and materials. This project is subject to the Model Water Efficiency Landscaping Ordinance and must be demonstrated to comply with RBMC 10-5-1900 Landscaping Regulations. As well, wall and fence details must be provided.
g. Trash and recycling facilities. These must be delineated on the drawings. h. The location, dimensions and design of all signs. Although generally signs are noted on the elevation images, the dimensions and design of all signs are to be provided. i. 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. These drawings must be provided where applicable.
7. The application specifically notes, “For detailed information on procedures for Coastal Development Permits, see Article 10, Chapter 5, Title 10 of the Redondo Beach Municipal Code.” a. Per RBMC Section 10-5.2210(a)(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.” These additional applications shall be made concurrently with the Coastal Development Permit Application:
i. Zoning Amendment (RBMC 10-5.2504).
ii. Local Coastal Land Use Plan Amendment (RBMC 10-5.2505) iii. General Plan Amendment (RBMC 10-2.2505)
iv. Subdivision/Tentative Tract Map Application (RBMC 10-1) b. Per RBMC Section 10-5.2210(a)(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.” The preliminary application submitted August 15, 2022 listed 12 different property owners for the site. However, the official project
L.1., File # 23-5887 Meeting Date: 5/9/2023
August 15, 2022 listed 12 different property owners for the site. However, the official project application submittal on February 6, 2023 only had one signature for 9300 Wilshire, LLC.
Affidavits authorizing the application shall be provided for all owners of record for the property.
The issue of ownership is material. First, AES Redondo Beach initiated foreclosure proceedings in October 2022 for the property, and a public auction was set for February 22, 2023 which was continued. This raises a material issue regarding whether the current owners will lose possession of the property in the near future. Second, the owner entity named in the application, 9300 Wilshire LLC, filed a petition for bankruptcy on February 21, 2023. Its continued status as a viable entity is uncertain. The official project application must include an affidavit authorizing the application from each and every entity that owns a portion of the parcels that are the subject of the application.
c. Per RBMC Section 10-5.2210(a)(3), “Upon the filing of an application, the applicant shall pay a fee, as set forth by resolution of the City Council.” Payment of appropriate fees must be made.
d. Per RBMC Section 10-5.2210(b), the following “contents of application” items must be provided. Note that there may be duplicates from what was required on the checklist itself. i. Existing trees with a trunk diameter of six inches (6") or greater. There is no key showing where those trees are located or dimension information provided on the drawings. This information needs to be clearly detailed on the drawings. ii. Improvements in the public right of way, including location of sidewalk, parkway, curb, gutter, street width to centerline and dedications. These details need to be provided. iii. Exterior lighting. These were not specifically shown throughout the site. Exterior lighting details need to be provided.
iv. Lot dimensions. These were not specifically shown on the drawings. Lot dimensions need to be provided.
v. Walls, fences and landscaping and their location, height and materials. Although landscaping locations were broadly shown, there were no details of height and materials. This project is subject to the Model Water Efficiency Landscaping Ordinance and must be demonstrated to comply with RBMC 10-5-1900 Landscaping Regulations.
As well, wall and fence details must be provided.
vi. Trash and recycling facilities. These must be delineated on the drawings. vii. The location, dimensions and design of all signs. Although generally signs are noted on the elevation images, the dimensions and design of all signs are to be provided. viii. 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. These drawings must be provided where applicable.
ix. Proof of ownership. This must be provided.
x. Preliminary approvals by City, State and Federal agencies. If any were required for this application, those must be submitted.
8. The application specifically notes, as does RBMC 10-5.2210(b)(19), that the contents of the application must include, “Such other data as may be required to demonstrate that the project meets the criteria of Section 10-5.2218 of the Redondo Beach Municipal Code.” RBMC 10-
5.2218(c)(1) and (d)(1) address the need for the proposed development to be in conformity with the Certified Local Coastal Program. The applicant expressly acknowledged that residential and commercial uses are not permitted or conditionally permitted. Application materials clearly demonstrate that the project is not in conformity with the Certified Local Coastal Program, including the adopted Coastal Land Use Plan Implementing Ordinance. The following Page 5 of 9 L.1., File # 23-5887 Meeting Date: 5/9/2023
including the adopted Coastal Land Use Plan Implementing Ordinance. The following applications would need to be considered with the Coastal Development Permit Application:
a. Zoning Amendment (RBMC 10-5.2504).
b. Local Coastal Land Use Plan Amendment (RBMC 10-5.2505) c. General Plan Amendment (RBMC 10-2.2505)
9. The applicant stated on the application form that there are no historical structures on the site.
The property located at 1100 N. Harbor Drive is most likely historically significant for its industrial architectural style as well as for its significant role in the early economic growth of the City of Redondo Beach. Per The City of Redondo Beach Historic Context Statement (September 1995) the power plant “provided employment opportunities for men living within the Redondo Beach community.” This in itself was important for the City's economic development. However, the presence of the Edison Company in Redondo Beach held additional significance. By the early 1920s, residential growth throughout Southern California was dependent upon the availability of domestic electricity. Any number of residential subdivisions could be planned, but without proper electrical services development plans could not proceed beyond the planning stage. Edison's decisions of where to concentrate its funding for electrical expansion directly impacted a community's ability to achieve its future expansion and development aspirations. As a result, the presence and involvement of Edison in Redondo Beach was seen by the leaders of this community as vital to their ability to obtain a full growth potential and maintain a competitive edge over neighboring cities. It is little wonder that Redondo Beach was the first community in California to establish an "Edison Club." Throughout the 1920s and well into the 1940s, this club served as one of the City's most active social organizations and viewed as an important link between the corporation and the community at large.” (page 20, footnote 2) There are also references in the Waterfront FEIR from 2016 under the Cultural Resources chapter that discuss the power plant.
Similarly, before any power generation on this property (and European contact), this was a natural salt lake which served the Native American community. Future excavation could unearth artifacts from that era of the very early inhabitants.
The application must provide a description documenting why the response to this question on the application was checked as no historical structures.
10. The application specifically notes a change of use from an allowed use to uses (residential and commercial) not allowed per zoning. This would require an amendment to the Land Use Plan Element of the General Plan, the Land Use Plan Map, the Local Coastal Land Use Plan, and the Zoning for the site.
Incompleteness Determination - Planning Commission Design Review Application The Planning Commission Design Review Application form (checklist) lists a number of submittal requirements. The following have not been met and are required before the application may be deemed complete:
1. The application fee is due at the time of filing the application. Payment of these fees must be made.
2. The application states, “Two (2) complete sets of full-scale Conceptual Drawings and 25
L.1., File # 23-5887 Meeting Date: 5/9/2023
2. The application states, “Two (2) complete sets of full-scale Conceptual Drawings and 25 complete copies of reduced Conceptual Drawings, as set forth the Instructions for Graphic Portions, must accompany this application at the time of filing.” As noted previously, no hard copies of the drawings have been submitted. Furthermore, the documents available at the link that was provided as a submittal have been deleted. These documents must be submitted.
3. For the graphic portion of the application, the following were not included in the drawings and must be provided:
a. All boundary lines of subject property fully dimensioned. It was unclear what are the dimensions of the boundary lines. These dimensions need to be clearly detailed on the drawings.
b. Existing trees with a trunk diameter of six inches (6") or greater. There is no key showing where those trees are located or dimension information provided on the drawings. This information needs to be clearly detailed on the drawings. c. Improvements in the public right of way, including location of sidewalk, parkway, curb, gutter, street width to centerline and dedications. These details need to be provided. d. Exterior lighting. These were not specifically shown throughout the site. Exterior lighting details need to be provided.
e. Although setbacks and spaces between buildings are shown, there is no dimension shown between the easements along Herondo Street and Residential Building A, Residential Building B and the Hotel. These need to be provided.
f. Walls, fences and landscaping and their location, height and materials. Although landscaping locations were broadly shown, there were no details of height and materials. This project is subject to the Model Water Efficiency Landscaping Ordinance and must be demonstrated to comply with RBMC 10-5-1900 Landscaping Regulations. As well, wall and fence details must be provided.
g. Trash and recycling facilities. These must be delineated on the drawings. h. The location, dimensions and design of all signs. Although generally signs are noted on the elevation images, the dimensions and design of all signs are to be provided. i. 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. These drawings must be provided where applicable.
4. The application form information that needs to be provided includes the following:
a. The owner of record information shall be provided, with corresponding affidavits. b. Under item C.2. of the application there was missing information on the natural features of the landscaping and the preservation of trees. This information needs to be provided. c. Under item C.4. the information does not describe the difference in scale. The comparison needs to be demonstrated.
d. Under item C.6. the application states that the sign design and placement are to be determined, but this is a requirement of the application submittal. This information needs to be provided.
Incompleteness Determination - Environmental Review Application The RBMC 10-3.108 requirements for the application for environmental assessment requires the following items that were not provided. These items are required before the application may be deemed complete:
1. The owner of record of the lot or parcel of property which is to be affected by the applicant Page 7 of 9 L.1., File # 23-5887 Meeting Date: 5/9/2023
1. The owner of record of the lot or parcel of property which is to be affected by the applicant shall sign an affidavit authorizing the application, in a form approved by the City. The owner of record information shall be provided, with corresponding affidavits.
2. The appropriate fee shall accompany the application. Payment of these fees must be made.
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 May 9, 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;
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.
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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 - 1100 N Harbor Drive, March 9, 2023 · Email - Preliminary Application - 1100 N Harbor Drive, August 15, 2022 · Preliminary Application - 1100 N Harbor Drive, August 15, 2022 · Email - Submittal of Formal Application - 1100 N. Harbor Drive, February 6, 2023 · Application Forms - 1100 N Harbor Drive, February 6, 2023 · Application Plan Set - 1100 N Harbor Drive, February 6, 2023 · Application Affordable Housing Agreement - 1100 N Harbor Drive, February 6, 2023 · Letter Determining Application Incomplete - 1100 N Harbor Drive, March 3, 2023 · City Clerk’s Notice of Public Hearing Date for Appeal, April 6, 2023 · Proof Legal Ad Public Hearing Notice