March 3, 2023
Brandon Straus, Srour & Associates
2447 PCH, Suite 200
Hermosa Beach, CA 90254
[email protected]
Distributed via United States Postal Service and Email
RE: 1100 N. Harbor Drive Application – Determined Incomplete Dear Mr. Straus:
Last August, the City received a “preliminary application” for a housing development that your client 9300 Wilshire, LLC et al proposed for the AES power plant facility site, located at 1100 N. Harbor Drive in the City of Redondo Beach. On February 6, 2023, after the established business hours of the Community Development Department, the City received an email for a formal application for a mixed-use development on the same site.
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”.
As your client’s preliminary application and project application forms acknowledge, residential and commercial uses are not expressly permitted or conditionally permitted uses at the site.
Despite the applicant’s contentions, the application submitted for the proposed project is not entitled to processing under Government Code Section 65589.5 (the Housing Accountability Act). In part this is because nothing in the Housing Accountability Act relieves the City from its obligation to comply with the California Coastal Act, which includes ensuring compliance with the City’s certified Local Coastal Program and Implementing Ordinance. Given that the uses proposed in this application are not permitted uses or even conditionally permitted uses on this site under the Local Coastal Plan, the City cannot process this application without an application to amend the Local Coastal Land Use Plan. Furthermore, while the Housing Accountability Act may limit a local agency’s discretion to disapprove a housing development project or impose conditions on a housing development project in certain instances, the Act does not alter 415 Diamond Street, P.O. Box 270
Redondo Beach, California 90277-0270
www.redondo.org
Community Development Department
Planning Division
tel: 310 318-0637
fax: 310 372-8021
City of Redondo Beach Department of Community Development March 3, 2023 1100 N. Harbor Drive Application – Determined Incomplete Page 2 the application process that applies to develop housing on a particular site. This letter identifies the requisite applications that would need to be submitted for the City to process the application.
In addition, to the extent the applicants are arguing that they are entitled to project approval under Section 65589.5(d)(5), the City disagrees for many reasons. 1 Primarily,
we note that the City adopted an updated Housing Element on July 5, 2022. The City’s Housing Element was adopted in accordance with the procedures in state law and substantially complies with state law. In a letter dated September 1, 2022, the California Department of Housing and Community Development affirmed that the City’s Housing Element is in full compliance with state law. Importantly, the City adopted its housing element prior to the August 15, 2022 submittal of your client’s preliminary application for the proposed project.
This letter is to determine the completeness of the application submitted via email after normal business hours on February 6, 2023. The application submittal was via email and did not directly include attachments. Rather, the email provided a Dropbox link to three files: the application forms, the plan set, and the affordable housing agreement. No hard copies were submitted that day or subsequently for this application. As well, the documents in the Dropbox folder have subsequently been deleted and are no longer available for City access.
The application submittal included the following application forms:
• Application for Coastal Development Permit
• Application for Planning Commission Design Review
• Application for Environmental Assessment
• Storm Water Planning Program Priority Project Checklist • Owner’s Affidavit for 9300 Wilshire, LLC
• Legal Description
Incompleteness Determination – Applications Needed
Since your client’s application is inconsistent with the general plan land use designation, the Local Coastal Program land use category, and the zoning applicable to the project site, this application is deemed incomplete. An application for an allowed land use per Redondo Beach Municipal Code (RBMC) Coastal Land Use Plan Implementing Ordinance would be needed to complete the application, in addition to the items listed in this letter. Alternatively, should your client wish to develop the mix of residential and commercial uses on this site per the applications submitted thus far, your client must submit the following applications to be considered concurrently with the applications already submitted:
1 While there are many other reasons why the applicant is not entitled to pursue the proposed project under Government Code Section 65589.5(d)(5), we have highlighted only the primary reason here. This letter is intended to inform the applicant of the status of its application with respect to completeness and provide a path forward for processing if the applicant wishes to pursue this project.
City of Redondo Beach Department of Community Development March 3, 2023 1100 N. Harbor Drive Application – Determined Incomplete Page 3 • 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) 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.” 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.
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 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 City of Redondo Beach Department of Community Development March 3, 2023 1100 N. Harbor Drive Application – Determined Incomplete Page 4 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 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.2
2 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 and is currently set for March 24, 2023. 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.
City of Redondo Beach Department of Community Development March 3, 2023 1100 N. Harbor Drive Application – Determined Incomplete Page 5 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 applications would need to be considered with the Coastal Development Permit Application:
City of Redondo Beach Department of Community Development March 3, 2023 1100 N. Harbor Drive Application – Determined Incomplete Page 6 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 through out 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." Through out 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.
City of Redondo Beach Department of Community Development March 3, 2023 1100 N. Harbor Drive Application – Determined Incomplete Page 7
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.