Mixed-use moratorium set to expire

A one-year moratorium on new mixed-use developments will not be extended. Four votes were required for the moratorium to be extended for a second year at Tuesday’s city council meeting, but, only three were mustered.

The Council unanimously passed a temporary ban on mixed-use development last August, while the city began ramping up plans to update its General Plan, the foundational document for development throughout the City.

In January, the California Department of Housing and Community Development sent a letter to the city saying that the city’s existing housing element, which describes available housing sites within the city, did not comply with state law due to the moratorium.

Laws passed to alleviate California’s housing shortage could open up the city to legal challenge if the city doesn’t come into compliance, and may result in Redondo losing the ability to issue building permits, according to staff reports.

“We’re opening ourselves up to the risk of not being able to make decisions on housing,” Councilman John Gran said. “If that’s taken away because we’re out of compliance, that’s a bad thing as a whole. We win a small battle, but we lose a war.”

Redondo’s existing general plan allows for up to 35 residential units per acre within MU-1, MU-2 and MU-3 zones. Construction of major mixed-use area projects, such as One South – a 52 unit condo and commercial development – and Legado Redondo spurred resident concern.

Legado’s approval was protracted. A 2016 Council approval of the project cut Legado’s plan from a maximum of 180 residential apartments to 115, and 23,800 commercial square feet. A lawsuit by the developer soon followed, and was settled contingent upon renovation of the Palos Verdes Inn.

“When that project goes up, the community is going ot hate it, and I’m going to hate it, and people are going to go ‘how did it happen?’” Brand said of Legado. “They’re going to hold us responsible, not understanding how it could’ve been worse.”

But Gran and Councilwoman Laura Emdee used Redondo’s legal success against Legado as their proof that Redondo can stand up to private legal challenges, though they’re unwilling to test the state.

“Word has gotten out that Redondo doesn’t want any kind of investment in the city when it comes to [mixed-use],” Emdee said. “But in the meantime, we’ve caught the attention of the state legislature. Redondo is often used as an example of why state control is necessary.”

Councilman Christian Horvath argued that the Council should stay the course, and allow the city’s active General Plan Advisory Committee to continue their deliberations.

“It’s clearly going longer [than expected] but I think it’s because the process is thoughtful,” Horvath said. “I don’t want to get sued by the state, but at the same time I don’t want to lose our ability to finish this pause [on mixed-use development.] In the great span of time, it’s a blip.”

Gran and Emdee weren’t swayed. The resolution to extend the moratorium required a four-fifths vote to pass; only three voted in its favor, while Gran and Emdee voted against.

The mixed-use moratorium expires on August 13, 2018.

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