RESOLUTION NO. 2025-10-PCR-10
DEFINITION OF “PERMITTED BY RIGHT”
RESOLUTION NO. 2025-10-PCR-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
REDONDO BEACH, CALIFORNIA, RECOMMENDING THAT THE
CITY COUNCIL ADOPT THE CEQA EXEMPTION DECLARATION,
AND AMEND TITLE 10, CHAPTER 2 ZONING AND LAND USE,
ARTICLE 1 GENERAL PROVISIONS, SECTION 10-2.402
DEFINITIONS AND TITLE 10, CHAPTER 5 COASTAL LAND USE
PLAN IMPLEMENTING ORDINANCE, ARTICLE 1 GENERAL
PROVISIONS, SECTION 10-5.402 DEFINITIONS OF THE REDONDO
BEACH MUNICIPAL CODE PERTAINING TO THE DEFINITION OF
“P” (PERMITTED BY RIGHT/USE BY RIGHT) IN THE CITY’S
VARIOUS SPECIFIED ZONES AND PROCEDURES.
WHEREAS, the City Council of the City of Redondo Beach at their duly noticed public hearing on July 5, 2022, adopted the “City of Redondo Beach’s 6th Cycle (2021- 2029) Housing Element”, incorporating the amendments recommended by the California Department of Housing and Community Development (HCD) and submitted the revised Housing Element to HCD on July 11, 2022; and
WHEREAS, the California Department of Housing and Community Development in their “certification” letter dated September 1, 2022, found the City of Redondo Beach’s adopted 6th Cycle (2021-2029) Housing Element to be in full compliance with State Housing Element Law (Article 10.6 of the Gov. Code); and WHEREAS, as noted in the California Department of Housing and Community Development’s (HCD’s) September 1, 2022 letter finding the City’s housing element substantially complied with State Housing Element Law (Gov. Code, § 65580 et seq), all rezoning actions must be completed three years and 120 days from the statutory deadline (February 12, 2025); and
WHEREAS, on May 8, 2024, the California Department of Housing and Community Development issued a “Letter of Inquiry” requesting the status of the City of Redondo Beach’s 6th Cycle Housing Element Implementation Programs related to housing sites and programs; and
WHEREAS, on June 7, 2024, city staff provided a written response to HCD’s “Letter of Inquiry” that included the status and timeline for the implementation of rezoning the “Housing Sites” that provide capacity for accommodating the City’s RHNA, and Programs 8 (Residential Sites Inventory and Monitoring No Net Loss), 9 (By-Right Approval for Projects with 20 Percent Affordable Units), 10 (Replacement Housing), and 15 (Monitoring the Effect of Article 27 of the City Charter [Measure DD]); and WHEREAS, on June 20, August 1, and August 15, 2024 the Planning Commission held multiple duly-noticed public hearings to take testimony from staff, the public and RESOLUTION NO. 2025-10-PCR-10
DEFINITION OF “PERMITTED BY RIGHT”
other interested parties, and to deliberate on updates and revisions to the City’s Zoning Ordinances and LCP required for consistency and to implement the City’s Housing Element; and
WHEREAS, on September 19, 2024 the Planning Commission held a final duly noticed public hearing and completed its deliberations on updates to the City’s Zoning Ordinances and LCP required for consistency with and to implement the City’s Housing Element, and took testimony from staff, the public and other interested parties, and considered the associated Draft Program Environmental Impact Report and made the following recommendations:
1. That the City Council certify, pursuant to CEQA, the Final Program Environmental Impact Report inclusive of its referenced appendices for the “Redondo Beach Focused General Plan Update, Zoning Ordinance Updates and Local Program Amendments” to implement the City’s 6th Cycle 2021-2029 Housing Element inclusive of the zoning amendments for implementing “Housing Sites” and “Housing Programs”, approve appropriate findings, a statement of overriding considerations, and mitigation monitoring and reporting program; and
2. That the City Council adopt amendments to the Redondo Beach Municipal Code, Title 10, Planning and Zoning, Chapter 1, Subdivisions, Chapter 2 Zoning and Land Use, Chapter 5 Coastal Land Use Plan Implementing Ordinance to implement the City’s 6th Cycle 2021-2029 Housing Element inclusive of the zoning amendments for implementing “Housing Sites” and “Housing Programs”; and
3. That the City Council adopt amendments to the City of Redondo Beach’ s Coastal Land Use Plan of the Local Coastal Program to implement the City’s 6th Cycle 2021-2029 Housing Element inclusive of the zoning amendments for implementing “Housing Sites” and “Housing Programs”; and
WHEREAS, at their duly noticed public hearing on October 15, 2024, City Council directed staff to move forward with the Housing Element implementation related General Plan, Zoning Ordinance (including Subdivision Ordinance), and Local Coastal Program Amendments to comply with the statutory deadline of February 12, 2025 and defer other proposed nonresidential amendments for later consideration; and WHEREAS, at their duly noticed public hearings on November 5, 2024, and November 12, 2024, City Council adopted amendments to the City’s General Plan Land Use Element and the City of Redondo Beach’ s Coastal Land Use Plan of the Local Coastal Program, and Redondo Beach Municipal Code, Title 10, Planning and Zoning, Chapter 1, Subdivisions, Chapter 2 Zoning and Land Use, Chapter 5 Coastal Land Use Plan Implementing Ordinance, to implement the City’s 6th Cycle 2021-2029 Housing Element inclusive of the zoning amendments for implementing “Housing Sites” and “Housing Programs”; and
RESOLUTION NO. 2025-10-PCR-10
DEFINITION OF “PERMITTED BY RIGHT”
WHEREAS, on January 7, 2025, the City transmitted a letter to the State Department of Housing and Community Development regarding the City’s “6th Cycle 2021-2029 Housing Element – Program Compliance Update” that detailed the actions taken by the City Council in November 2024 to implement all of the General Plan Land Use Element and Local Coastal Program amendments and all the zoning amendments required for implementing the “Housing Sites” and “Housing Programs” within the City’s 6th Cycle 2021-2029 Housing Element. The January 7, 2025, transmittal to HCD included copies of adopted City Council Ordinances 3281-24, 3282-24, and 3283-24, as well as Resolutions 2410-105 and 2410-106; and
Whereas, on August 27, 2025, the California Department of Housing and Community Development issued a “Letter of Technical Assistance” requesting that the City adopt a zoning code amendment by ordinance or resolution providing a definition for “use by right” consistent with Government Code Section 65583.2, subdivision (i). The “Letter of Technical Assistance” did not cite any other issues or concerns with the City’s adopted ordinances and resolutions that served to implement the “Housing Sites” and “Housing Programs” within the City’s 6th Cycle 2021-2029 Housing Element.
WHEREAS, notice of the time and place of the public hearing where the Exemption Declaration and Zoning Ordinance amendments would be considered was given pursuant to State law and local ordinances by publication in the Easy Reader; and WHEREAS, the project is exempt from further environmental review, pursuant to Section 15060(c)(2), as the project is not expected to result in a reasonably foreseeable change in the environment, and Section 15061(b)(3) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (common sense exemption), of the Guidelines of the California Environmental Quality Act (CEQA); and
WHEREAS, the Planning Commission of the City of Redondo Beach has considered evidence presented by the Planning Division, and other interested parties at the public hearing held on the 16th day of October, 2025, with respect thereto.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
REDONDO BEACH, CALIFORNIA DOES HEREBY FIND AS FOLLOWS:
SECTION 1. FINDINGS
1. In compliance with the California Environmental Quality Act (CEQA) of 1970, as amended, and State and local guidelines adopted pursuant thereto, the zoning ordinance amendments are Categorically Exempt from further environmental review, pursuant to Section 15060(c)(2), as the project is not expected to result in a reasonably foreseeable change in the environment, and Section 15061(b)(3) that refers to activities where it can be seen with certainty that there is no possibility that the activity in question may have a significant RESOLUTION NO. 2025-10-PCR-10
DEFINITION OF “PERMITTED BY RIGHT”
effect on the environment (“common-sense exemption”), of the Guidelines of the California Environmental Quality Act (CEQA).
2. The amendment to the “Zoning Ordinance” and “Zoning Ordinance for the Coastal Zone” serves to clarify the previously adopted zoning ordinance implementing “Program 9: By-Right Approval for Projects with 20 Percent Affordable Units” of the City’s 6th Cycle 2021-2029 Housing Element and is therefore consistent with the General Plan.
3. These amendments do not require a vote of the people under Article XXVII of the City Charter.
SECTION 2. RECITALS. The above recitals are true and correct, and the recitals are incorporated herein by reference as if set forth in full.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
REDONDO BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Section 10-5.2504 Zoning amendments, the Planning Commission recommends that the City Council adopt the amendments to the Redondo Beach Municipal Code pertaining to the definition of “P” (permitted by right/use by right) in the “use classifications” in the City’s various specified zones.
SECTION 2. AMENDMENT OF CODE. Amendment (adding) to Title 10, Chapter 2 Zoning and Land Use, Article 1 General Provisions, Section 10-2.402 Definitions as follows:
Section 10-2.402 Definitions.
(135.5) “P” designates use classifications as “permitted by right” in the specified zone. “Permitted by right” is equivalent to “use by right” as defined by Government Code Section 65583.2, Subdivision (i) and shall mean a development project that satisfies all of the following conditions:
(1) The development is required to be approved ministerially if it meets pre-defined objective standards.
(2) The development project does not require a conditional use permit, planned unit development permit, or any other discretionary review.
(3) The development project is not a “project” for purposes of the California Environmental Quality Act (CEQA) (Division 13 commencing with Section 21000 of the Public Resources Code) and is generally exempt from the CEQA review process.
RESOLUTION NO. 2025-10-PCR-10
DEFINITION OF “PERMITTED BY RIGHT”
SECTION 3. AMENDMENT OF CODE. Amendment (adding) to Title 10, Chapter 5 Coastal Land Use Plan Implementing Ordinance, Article 1 General Provisions, Section 10-5.402 Definitions as follows:
Section 10-5.402 Definitions.
“P” designates use classifications as “permitted by right” in the specified zone. “Permitted by right” is equivalent to “use by right” as defined by Government Code Section 65583.2, Subdivision (i) and shall mean a development project that satisfies all of the following conditions:
(1) The development is required to be approved ministerially if it meets pre-defined objective standards.
(2) The development project does not require a conditional use permit, planned unit development permit, or any other discretionary review.
(3) The development project is not a “project” for purposes of the California Environmental Quality Act (CEQA) (Division 13 commencing with Section 21000 of the Public Resources Code) and is generally exempt from the CEQA review process.
SECTION 4. INCONSISTENT PROVISIONS. Any provisions of the Redondo Beach Municipal Code, or appendices thereto, or any other ordinances of the City inconsistent herewith, to the extent of such inconsistencies and no further, are hereby repealed.
SECTION 5. SEVERANCE. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The Planning Commission recommends that the City Council shall declare that it would have passed this ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
FINALLY RESOLVED, that the Planning Commission forward a copy of this resolution to the City Council so the Council will be informed of the action of the Planning Commission.
RESOLUTION NO. 2025-10-PCR-10
DEFINITION OF “PERMITTED BY RIGHT”
PASSED, APPROVED AND ADOPTED this 16th day of October, 2025. ___________________________
Wayne Craig, Chair
Planning Commission
City of Redondo Beach
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF REDONDO BEACH )
I, Sean Scully of the City of Redondo Beach, California, do hereby certify that the foregoing Resolution No. 2025-10-PCR-10 was duly passed, approved and adopted by the Planning Commission of the City of Redondo Beach, California, at a regular meeting of said Planning Commission held on the 16th day of October, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________
Sean Scully
Planning Manager
APPROVED AS TO FORM:
__________________________
City Attorney’s Office