by Garth Meyer
Measure RB is about local zoning and how it relates to state efforts to build more housing.
If approved by voters, it would amend the Redondo Beach city charter after a recent court ruling stated that the city requirement for voters to approve any change in zoning could be pre-empted by state law, in the interest of increased housing in California.
As it stands today, Article 27 of the Redondo Beach charter – like a constitution – calls for voter approval of “Major Changes in Allowable Land Use,” including any amendments to zoning, or the city’s General Plan, with three criteria.
These are: a change from public land use to private; switching from non-residential to residential, and/or that a given zoning change would lead to “significantly-increased” traffic, intensity or density of use in the neighborhood where a project is slated to be built.
Because of last year’s aforementioned court decision (in a New Commune DTLA case, the ownership group of the AES plant) the Redondo Beach city council moved to put Measure RB on the Nov. 5 ballot.
If it passes, three changes would come to Article 27.
First, it would be made explicit that the requirement of voter approval for “Major Changes in Allowable Land Use” does not apply to an amendment or update to the state-required Housing Element part of the city General Plan, “or to other changes that implement a program in the Housing Element, consistent with the court decision,” as city attorney Mike Webb wrote in his impartial analysis for the Voter’s Guide.
The second change, a matter of housekeeping, would correct typographical errors in the existing (Article) 27.2 and move the definition of “significantly increase or significant increase” to its proper spot in alphabetical order.
The third change would adjust the current requirement to send voters sample ballot information “by mail” regarding any “Major Changes in Allowable Land Use,” to instead read that the information be “made available,” to allow for distribution through electronic means.
This change would save costs in the cases which distribution through only mail would mean printing multiple pages sent to all voters in the city.
Proponents of Measure RB, including Redondo Beach Mayor Jim Light and four of the five city councilmembers, argue that the measure is key to safeguarding local control over zoning decisions to protect the city’s character.
Councilmember Paige Kaluderovic did not put her name in the Voter’s Guide as a proponent, though she supports the measure, telling Easy Reader that she chose not to sign it because it is related to the city’s current housing element, which was voted on before she took office.
Proponents
“Measure RB is a way to make sure that Article 27 is adhered to and not circumvented by Builder’s Remedy,” said City Councilman Todd Loewenstein, referring to state rules allowing builders more leeway in order to address the California housing shortage – or to exploit these rules for profit, depending on whom you ask.
Measure RB also contains language to confirm that the voter approval requirement does not apply to adjustments made to comply with the city’s identified share of the state-required Regional Housing Needs Assessment (RHNA).
Other changes not connected to RHNA still would need to be approved by voters.
Article 27 was added to the Redondo Beach charter in 2008, by an initiative co-written by current Mayor Light and the late former mayor Bill Brand. Voters approved the change, which fundamentally meant that any zoning modification voted on by the city council would need to be approved by residents.
Today’s Measure RB, which Light also had input in, “makes Article 27 reflect current state law,” he said. “If residents (approve) it, then (Article 27), will comply with the current state mandates and recent court rulings. If we don’t pass it, we are under the threat of losing our local control.”
No argument against the measure appears in the Voter’s Guide.
“Our General Plan, with major zoning changes, has to be approved by voters; that will stay the same, with the exception of the state-mandated Housing Element,” Kaluderovic said. “That’s (Measure RB) in a nutshell. We are, as a council, very focused on protecting the city from Builder’s Remedy.”
The New Commune DTLA court ruling is being appealed. ER
Thanking Redondo Beach City Council, Mayor Light, and all city officials, that worked to protect our city’s right to decide land use and zoning issues.