2407-062 Reso CALLING ELECTION FOR CHARTER AMENDMENT - ARTICLE 27 f w Exhibit — Redondo Beach City Council, July 30, 2024

RESOLUTION NO. CC-2407-062
CALLING ELECTION NOVEMBER 5, 2024
PAGE 1
RESOLUTION NO. CC-2407-062

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH,

CALIFORNIA, CALLING AND GIVING NOTICE OF HOLDING A SPECIAL

MUNICIPAL ELECTION, CONSOLIDATE WITH THE LA COUNTY STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, AS

REQUIRED BY THE PROVISIONS OF THE CHARTER AND FOR THE

SUBMISSION TO THE VOTERS A QUESTION RELATING TO PROPOSED

CHARTER AMENDMENT ARTICLE XXVII MAJOR CHANGE IN ALLOWABLE AND LAND USE SECTIONS 27.2, 27.4(b), AND 27.6(h) AND (i), WHEREAS, at the City Council meeting held on July 23, 2024, the City Council approved proposed amendments to the City Charter Article XXVII Section 27.2, 27.4(b), and 27.6(h) and (i) -Major Change in Allowable Land Use for submission to the voters, that would confirm which provisions are pre-empted by State Law; and
WHEREAS, in a ruling filed on October 20, 2023, a Superior Court Judge found that Article XXVII of the Redondo Beach Charter is pre-empted by statewide law as it relates to the housing element process, nullifying its requirement of voter approval of zoning changes contemplated by a draft housing element; and
WHEREAS, pursuant to authority provided by Sections 1415(a)(2)(A) and 9222 of the California Elections Code, the City Council of the City of Redondo Beach submits to the voters proposed amendments to the City Charter Article XXVII, Sections 27.2, 27.4(b), 27.6(h) and (i); and
WHEREAS, the City Council is authorized and directed by statute to submit the proposed charter amendments to the voters.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1: That pursuant to the California Constitution, Article XI and the Government Code, Title 4, Division 2, Chapter 2 (commencing at section 34450) and the Election Code Division 9, Chapter 3, Article 3 (commencing at section 9255) of the State of California, that the City Council, pursuant to its right and authority, does hereby order submitted to the voters at a Special Municipal Election, consolidated with the LA County Statewide General Election on November 5, 2024, for the purpose of submitting the following proposed charter amendment:

MEASURE __
PROPOSED CHARTER AMENDMENT. Shall Sections 27.2,

27.4(b), and 27.6(h) and (i), of City Charter Article XXVII for Major Changes in Allowable Land Use be amended correcting the sequence, typographical errors, and creating an alpha sequence for Section 27.2; and change “mailed” to “make available” due to changes in technology for Section 27.4(b) and add text due to a Court ruling that is pre-empted by State law as to the housing element process for Section 27.6(h) and (i)?
YES
NO
RESOLUTION NO. CC-2407-062
CALLING ELECTION NOVEMBER 5, 2024
PAGE 2
SECTION 2. That the text of the proposed charter amendments to be submitted to the voters are attached as Exhibit “A”.

SECTION 3. That the vote requirement for the measures to pass is a majority (50%+1) of the votes cast.

SECTION 4. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 5. That the City Clerk/Elections Official is authorized, instructed and directed to coordinate with the County of Los Angeles Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 6. That the polls/vote centers for the election shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls/vote centers shall be closed, pursuant to Election Code Section 10242, except as provided in Sections 14212, 14401 of the Elections Code of the State of California.

SECTION 7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 8. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the Book of Original Resolutions.

PASSED, APPROVED AND ADOPTED this 30th day of July, 2024. ________________________________
James A. Light, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Michael W. Webb, City Attorney Eleanor Manzano, CMC, City Clerk RESOLUTION NO. CC-2407-062
CALLING ELECTION NOVEMBER 5, 2024
PAGE 3

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-2407-XXX 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 30th day of July, 2024, and thereafter 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
EXHIBIT “A”
PROPOSED CHARTER AMENDMENT MEASURE __

THE PEOPLE OF THE CITY OF REDONDO BEACH, CALIFORNIA, HEREBY AMEND SECTIONS 27.2, 27.4 (b), AND 27.6 (h) & (i) OF ARTICLE XXVII OF THE CHARTER OF THE CITY OF REDONDO BEACH TO READ AS FOLLOWS:
(NOTE: New provisions or language added to the existing Charter section are shown in BOLDFACE type; words and figures deleted from the existing charter section are shown in strikeout type.)
§ 27.2 Definitions.

The definitions set forth in this section apply to the provisions of this article only and do not affect any other provision of law.
(a) "Aggrieved person" means the proponent of a major change in allowable land use, any property owner or City resident, and any other person entitled to CEQA notice pursuant to Public Resources Code Section 21092.2.
(b) "As built condition" means the dwelling units, office and other nonresidential units, buildings and baseline traffic conditions existing at the time the City issues the notice of preparation of an environmental impact report for the major change in allowable land use, or, where no such notice is issued, when the City commences environmental analysis for the major change. Illegal dwellings and other conditions that exist in violation of the City's zoning ordinance or its local coastal program and are subject to the City's power of abatement, may not be accounted for in the as built condition for the purpose of determining a "significant increase," as defined in subdivision (c) below. "Significantly increase" or "Significant Increase" means any one or more of the following increases over or changes compared to the as built condition of a neighborhood:
(1) The traffic generated by the project produces: (i) more than 150 additional morning or evening peak hour trips; or (ii) an increase in intersection capacity utilization (ICU) of 0.01 or more at any critical intersection operating at a level of service (LOS) of "E" or worse or having an ICU of 0.9 or higher; or (iii) any increase in ICU at any City intersection from less than 0.9 to 0.9 or higher; or (iv) any change in LOS at any critical intersection or on any critical corridor from better than "E" to "E" or worse. For purposes of determining traffic increases attributable to a major change in allowable land use, baseline and projected ICU and LOS conditions shall be determined considering weekday peak hour conditions at such time of the year when local public schools are in session.
(2) The density increase generated by the project produces more than twenty-five (25) additional residential dwelling units.
(3) The intensity of use generated by the project produces more than 40,000 additional square feet of residential, office or other nonresidential floor area.

The voters declare that dividing a major change in allowable land use that would otherwise require their approval into partial changes that would not by themselves require their approval, frustrates their intent to have control over major changes in allowable land use and is contrary to the purposes of this article. For the purposes of this article, a "significant increase" occurs if the combination of a proposed minor change in allowable land use with one or more other minor or major changes in allowable land use in the same neighborhood approved within eight (8) years preceding issuance of the notice of preparation of an environmental impact report for the proposed minor change, or, where no such notice is issued, within eight (8) years preceding commencement of the City's environmental analysis for the proposed minor change, meets any increase or change threshold for traffic, density or intensity of use defined in this subdivision.
(c) "Critical corridors" and "Critical intersections," as used herein, refer to:
(1) Pacific Coast Highway corridor from Prospect Avenue to Artesia Boulevard; (2) Aviation Boulevard within or bordering Redondo Beach; (3) Prospect Avenue within or bordering Redondo Beach;
(4) Hawthorne Boulevard where it borders Redondo Beach; (5) Herondo/Anita/190th Streets within or bordering Redondo Beach; (6) Artesia Boulevard within or bordering Redondo Beach; (7) Torrance Boulevard within Redondo Beach;
(8) Catalina Avenue within Redondo Beach;
(9) Intersection of Aviation Boulevard and Artesia Boulevard; (10) Intersection of Herondo/Anita Streets and Pacific Coast Highway; (11) Intersection of Torrance Boulevard and Pacific Coast Highway; (12) Intersection of Palos Verdes Boulevard and Pacific Coast Highway; (13) Intersection of Artesia Boulevard and Inglewood Avenue; (14) Intersection of 190th Street and Inglewood Avenue; (15) Intersection of Torrance Boulevard and Prospect Avenue; (16) Intersection of Catalina Avenue and Torrance Boulevard; (17) Intersection of Catalina Avenue and Beryl Street;
(18) Intersection of Catalina Avenue and Esplanade;
(19) Intersection of Catalina Avenue and Pacific Coast Highway; (20) Any other corridor operating at ninety (90%) percent of capacity or worse; and (21) Any other intersection operating a LOS "E" or worse. (d) "General plan" means the General Plan of the City of Redondo Beach. (e) "Major change in allowable land use" means any proposed amendment proposed amendment, change, or replacement of the General Plan (including its local coastal element, as defined in Public Resources Code Section 30108.55), of the City's zoning ordinance (as defined and contained in Title 10, Chapter 2 of the Redondo Beach Municipal Code) or of the zoning ordinance for the coastal zone (as defined and contained in Title 10, Chapter 5 of the Redondo Beach Municipal Code) meeting any one or more of the following conditions:
"Peak hour trips" means the number of peak hour vehicle trips a major change in allowable land use would generate on a daily basis. Peak hour trips generated shall be calculated by using the most recent version of the Trip Generation Manual of the Institute of Transportation Engineers (ITE) in effect on the date the City issued the notice of preparation of an environmental impact report for a major change in allowable land use, or, where no such notice is issued, when the City commences environmental analysis for the major change.
(1) The proposed changed in allowable land use would significantly increase traffic, density or intensity of use above the as built condition in the neighborhood where the major change is proposed.
(2) The proposed change in allowable land use would change a public use to a private use. A major change in allowable land use in this category shall include a change of use on (i) land designated for a public use or a public right-of-way; (ii) land designated as utility right-of-way; (iii) land donated, bequeathed or otherwise granted to the City; (iv) land used or designated for Redondo Beach school property; (v) land allocated to the Beach Cities Health District; (vi) land owned, controlled or managed by the City, including all land and water within the City's Harbor Enterprise; (vii) the beaches, as defined in subdivision (a)(4) of Section 10-

5.2204 of the Redondo Beach Municipal Code; and (viii) the tidelands and all other public trust lands, as defined in subdivision (a)(139) of Section 10-5.402 of the Redondo Beach Municipal Code.
(3) The proposed change in allowable land use would change a nonresidential use to residential or a mixed use resulting in a density of a greater than 8.8 dwelling units per acre whether or not any such unit is used exclusively for residential purposes. (f) "Minor change in allowable land use" means any proposed amendment to the General Plan (including its local coastal element, as defined in Public Resources Code Section 30108.55), the City's zoning ordinance (as defined and contained in Title 10, Chapter 2 of the Redondo Beach Municipal Code), the zoning ordinance for the coastal zone (as defined and contained in Title 10, Chapter 5 of the Redondo Beach Municipal Code) that does not fall within the definition of a major change in allowable land use. (g) "Neighborhood" means all properties located either entirely or partially within 1,000 feet of any parcel or lot that is subject to a proposed change in allowable land use. (h) "Peak hour trips" means the number of peak hour vehicle trips a major change in allowable land use would generate on a daily basis. Peak hour trips generated shall be calculated by using the most recent version of the Trip Generation Manual of the Institute of Transportation Engineers (ITE) in effect on the date the City issued the notice of preparation of an environmental impact report for a major change in allowable land use, or, where no such notice is issued, when the City commences environmental analysis for the major change
(i) "Proponent" means any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity applying with the City for a change in allowable land use. If the City itself initiates the change, it shall be deemed the proponent for the purposes of this article.
(j) "Significantly increase" or "Significant Increase" means any one or more of the following increases over or changes compared to the as built condition of a neighborhood:
(1) The traffic generated by the project produces: (i) more than 150 additional morning or evening peak hour trips; or (ii) an increase in intersection capacity utilization (ICU) of 0.01 or more at any critical intersection operating at a level of service (LOS) of "E" or worse or having an ICU of 0.9 or higher; or (iii) any increase in ICU at any City intersection from less than 0.9 to 0.9 or higher; or (iv) any change in LOS at any critical intersection or on any critical corridor from better than "E" to "E" or worse. For purposes of determining traffic increases attributable to a major change in allowable land use, baseline and projected ICU and LOS conditions shall be determined considering weekday peak hour conditions at such time of the year when local public schools are in session.
(2) The density increase generated by the project produces more than twentyfive (25) additional residential dwelling units. (3) The intensity of use generated by the project produces more than 40,000 additional square feet of residential, office or other nonresidential floor area.

The description shall clearly compare the project and its traffic impacts both to the as built condition, and to existing applicable land use designations and zoning classifications, providing accurate comparative data concerning existing as well as proposed densities (in units per acre) and intensities of use (in square footage, types of use and traffic impacts). If a site-specific development is proposed in connection with a major change in allowable land use, and densities or intensities of use in such site-specific development are less than the densities or intensities the major change proposes, the text of the ballot shall clearly disclose the maximum total residential, commercial, industrial or other nonresidential buildout potential, and traffic impacts under buildout, compared to the as built condition.

Easily readable maps shall be used to assist the voters in the project description.

All of the information called for by this subdivision shall be posted on the City's website no later than thirty (30) days prior to the City Council's action on a major change in allowable land use, and such information shall be updated no later than ten (10)days following the City Council's approval, if the Council has changed the project.
(c) For all major changes in allowable land use approved by the City Council after the effective date of this article of the City Charter, the election required by this article shall be set for the general municipal election next following City Council approval of the major change; or, by mutual agreement with the proponent, the City Council may call a special municipal election, with the cost of the special election being borne solely by the proponent. For all major changes in allowable land use approved by the City Council on or after the date of publication, pursuant to Election Code Section 9205, of the notice of intention to circulate the initiative petition to add this article to the City Charter, but before the effective date of this article, the election required by this article shall be set for the general municipal election next following the effective date of this article; or, by mutual agreement with the proponent, the City Council may call a special municipal election, with the cost of the special election being borne solely by the proponent. (d) The popular vote required by this article shall be in addition to all other applicable review and approval requirements for such major change, including environmental review in compliance with the California Environmental Quality Act (CEQA). (e) All subsequent City permits and approvals necessary to implement all or part of a major change in allowable land use shall conform to the voter-approved change.

Under no circumstances shall any subsequent permit or approval authorize, allow or otherwise accommodate higher densities, intensities of use, or trip generation than the densities, intensities and trip generation approved by the City Council and the voters. No certificate of occupancy for any structure built as part of a project that depends on a major change in allowable land use shall issue until all mitigations of traffic impacts, including control signals, increases in right-of-way capacity via widening roads, or other right-of-way or intersection improvements, as may be required by the City Council, have been developed and implemented, and the City Engineer has certified completion and operation of all traffic impact mitigations in full compliance with the City Council's approval action. § 27.6 Exceptions.
(a) This article shall not apply to any major change in allowable land use that is limited to allowing the development of a public school or a hospital. Nor shall this article apply to preclude completion of a site-specific development that depends on a major change in allowable land use approved before the effective date of this article, if before such date, the holder of any permit or other entitlement for use for such development has lawfully and in-good faith acquired a vested right, under state law, to carry out the development to completion.
(b) The provisions of this article shall not apply to the extent that they would violate state or federal laws.
(c) This article shall not be applied in a manner that would result in the unconstitutional taking of private property.
(d) This article shall not apply to affordable housing projects required by state or federal law.
(e) This article shall not apply to any major change in allowable land use of property with non-conforming residential units that were occupied on the date of publication, pursuant to Elections Code Section 9205, of the notice of intention to circulate the initiative petition adding Article XXVII to the City Charter so long as the proposed change in allowable land use meets the following conditions: the existing residential units are rendered conforming under the proposed change; the proposed change does not allow an increase in the number of residential units on the property; and the proposed change does not create a significant increase in traffic or intensity of use.
(f) This article shall not apply to affordable housing projects for low and moderate income housing as defined by state law.
(g) If modifications to the Local Coastal Program ("LCP") are suggested or required as a result of the California Coastal Commission's review of the LCP amendments for the Kensington Assisted Living Facility Project, any such modifications adopted by the City Council shall not be subject to this article and shall not require further voter approval. Should such modifications to the LCP also require that the City Council adopt any other legislative amendments to ensure consistency, the City Council's adoption of those legislative amendments shall not be subject to this Article and shall not require further voter approval.
(h) This article shall not apply to an amendment to or update of the housing element of the City’s General Plan.
(i) This article shall not apply to an amendment to or update of ay other element of the General Plan (including its local coastal element, as defined in Public Resources Code Section 30108.55), of the City’s zoning ordinance (as defined and contained in Title 10, Chapter 2 of the Redondo Beach Municipal Code) or of the zoning ordinance for the coastal zone (as defined and contained in Title 10, Chapter 5 of the Redondo Beach Municipal Code) that implements a program in the City’s General plan housing element. This includes, but is not limited to, an action required to meet the City’s obligation to accommodate its Regional Housing Needs Assessment (“RHNA”) allocation. However, this article shall apply to amendments or updates that are not made in connection with the required housing element update process of the City’s obligation to maintain adequate capacity to meet its RHNA allocation. - This subdivision (i) shall be effective until the earlier of (1) the date that Government Code section 65913.4 is repealed or (2) January 1, 2036.

Redondo Beach City CouncilJuly 30, 2024

Redondo Beach City Council
July 30, 2024