Last night I attended a Planning Commission Meeting. I was interested in an item in which the Planning Commission was considering the approval of a 10 unit condo project that is replacing a small church on Broadway. The Planning Commission's approval of the project was no surprise...they were selected by the mayor for their pro-development stance. But what was amazing was that the Commissioners tried to "educate" residents who were against the massive development that is totally out of character with this historic section of Broadway. And the real issue is that either they misrepresented the facts or they are truly clueless about zoning law in our town and their role.
I illustrate this assertion with two examples at follow.
Example 1: Developers have the right to build whatever they want that conforms to the zoning
The Planning Commissioners lectured the residents that City zoning ordinances give the developer the right to build whatever they want that conforms with the zoning. If that were true, then there would be no need for the Commission's review.Our Commissioners seem to have failed to read the zoning they are charged to adjudicate. A two minute read of the zoning related to condo development clearly shows that condos are expressly not automatically permitted, rather condo projects are subject to conditional use approval by the Planning Commission and, if appealed, the City Council.
Here is the plain and simple text of the Redondo zoning ordinance:
"10-2.2502 Planning Commission Design Review.
(a) Purpose. Planning Commission Design Review is established to ensure compatibility, originality, variety, and innovation in the architecture, design, landscaping, and site planning of developments in the community. The provisions of this section will serve to protect property values, prevent the blight and deterioration of neighborhoods, promote sound land use, encourage design excellence, and protect the overall health, safety, and welfare of the City....
(b) Criteria. The following criteria shall be used in determining a project’s consistency with the intent and purpose of this section:
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(1) User impact and needs. The design of the project shall consider the impact and the needs of the user in respect to circulation, parking, traffic, utilities, public services, noise and odor, privacy, private and common open spaces, trash collection, security and crime deterrence, energy consumption, physical barriers, and other design concerns.
(2) Relationship to physical features. The location of buildings and structures shall respect the natural terrain of the site and shall be functionally integrated with any natural features of the landscape to include the preservation of existing trees, where feasible...
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(4) Balance and integration with the neighborhood. The overall design shall be integrated and compatible with the neighborhood and shall strive to be in harmony with the scale and bulk of surrounding properties.
(8) Conditions of approval. The conditions stated in the resolution or design considerations integrated into the project shall be deemed necessary to protect the public health, safety, and general welfare. Such conditions may include, but shall not be limited to:
a. Changes to the design of buildings and structures;...
k. Such other conditions as will make possible the development of the City in an orderly and efficient manner and in conformity with the intent and purposes set forth in this chapter and the General Plan."
Furthermore, the very application instructions for the developers clearly state their project is subject to this review.
PURPOSE: The purpose of the Conditional Use Permit process is to review certain uses possessing unique characteristics to ensure that the establishment or significant alteration of those uses will not adversely affect surrounding uses and properties nor disrupt the orderly development of the community. ...
The purpose of the Planning Commission Design Review process is to ensure compatibility, originality, variety, and innovation in the architecture, design, landscaping, and site planning of the proposed project (see criteria in Section 10-2.2502(B), Chapter 2, Title 10 of the Redondo Beach Municipal Code)."
The application makes it very clear right up front that the zoning is subject to evaluation for neighborhood impacts and compatibility. It even tells the developer to read it carefully. So despite the Commissioners' lecture to the public there is no right of a developer to build whatever condo complex they want that conforms to zoning. It is clear the zoning empowers the city to deny a development for many reasons. It is also clear that this is precisely what the zoning charges the Planning Commissioners to do... ensure compatibility with and mitigate negative impacts on the existing neighborhood .
All commissioners and city staff admitted that the parking in this neighborhood is maxed out and that it is likely that the condo owners will have more cars than spaces afforded by the change from a church to 10 condos. Based on that adverse impact, the Commission should have required changes to mitigate the negative impact. That is what the zoning ordinance charges them to do. They failed to accomplish their duty. In fact, based on their lecture, it appears they understand neither the zoning or their role.Example 2: All development is good development for the city
One Commissioner tried to lecture the public that the city needed this type of development to generate City revenues. And several other commissioners made statements of a similar nature. These commissioners revealed they clearly do not understand land use impacts on city revenues.Peer reviewed land use studies conclude that residential uses generate a net negative cash flow for the city due to the services they demand from the city...public safety, transportation infrastructure, sewer infrastructure, etc. And in California the situation is exacerbated by the tax revenue implications of Prop 13. While some real estate and developer organizations have tried to refute these findings, independent research by well known universities and firms continue to confirm that residential development costs a city more than the revenues it produces.
Once again, it appears our Planning Commissioners are shooting from the hip and have done no homework and do not understand City planning or zoning. And in their public assertions, they reveal their pro-developer bias.
It is clear that our City Charter and zoning ordinances meant for the Planning Commission to be a check and balance between the developer desire to maximize profits and the negative impacts of their development on the community. They make it very clear a developer does not have a "right" to any set number of condos or any design. Unfortunately, it is just as clear that our Commissioners do not understand their role, they do not understand the zoning, and they do not understand the true impacts of their decisions.
I do not blame the Commissioners (though it is not wise to try to lecture people on things they clearly have not researched). I blame the City Council for not balancing the Planning Commission and for not charging City staff to provide an education to the Commissioners on City Zoning, their role, and what they are empowered and expected to do. But hey, that's been business as usual for Redondo for decades. It is this failure of elected officials to represent their constituents that explains why there are so many initiatives, referendums and lawsuits in this city.
