Building a Better Redondo, Inc. v. City of Redondo Beach

203 Cal. App. 4th 852, 137 Cal. Rptr. 3d 622, 2012 Cal. App. LEXIS 158
CourtCalifornia Court of Appeal
DecidedJanuary 25, 2012
DocketNo. B226499
StatusPublished
Cited by69 cases

This text of 203 Cal. App. 4th 852 (Building a Better Redondo, Inc. v. City of Redondo Beach) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Building a Better Redondo, Inc. v. City of Redondo Beach, 203 Cal. App. 4th 852, 137 Cal. Rptr. 3d 622, 2012 Cal. App. LEXIS 158 (Cal. Ct. App. 2012).

Opinion

Opinion

FLIER, J.

Respondents Building a Better Redondo, Inc., and James A. Light (BBR) brought a petition for writ of mandate and a declaratory relief claim against appellants City of Redondo Beach, its city council and its city clerk (collectively, City or appellants). BBR sought an order compelling appellants to submit a local coastal program amendment to public vote in compliance with a recently enacted charter amendment requiring any “major change in allowable land use” to be approved by City voters. Appellants argued that the local coastal program amendment predated the charter amendment and thus was not governed by it. The trial court found the local coastal program amendment constituted a major change in allowable land use and ordered appellants to place the amendment before the voters. Although appellants appealed the judgment, they also voluntarily complied with the court’s writ of mandate. The court subsequently awarded BBR its attorney fees. Appellants appeal the judgment and attorney fees order. We hold the appeal from the judgment should be dismissed as moot and affirm the award of attorney fees.

[856]*856GENERAL BACKGROUND AND FACTS

1. Coastal Act

The Legislature enacted the Cahfomia Coastal Act of 1976 (Pub. Resources Code, § 30000 et seq.; Coastal Act)1 as a comprehensive scheme governing land use planning for the entire California coastal zone. (Yost v. Thomas (1984) 36 Cal.3d 561, 565 [205 Cal.Rptr. 801, 685 P.2d 1152].) The Coastal Act requires cities and counties in the coastal zone to prepare and adopt a local coastal program to implement coastal development and preservation policies found in chapter 3 of the Coastal Act. (Yost, supra, at pp. 565-566; §§ 30200-30265.5, 30500-30519.) The local coastal program consists of (1) a land use plan and (2) zoning ordinances, zoning district maps and, if needed, other implementing measures. (Yost, supra, at p. 566; §§ 30511-30513.) Although local governments may amend any portion of their land use plans, “no such amendment shall take effect until it has been certified by the commission.” (§ 30514, subd. (a).)

2. Coastal Land Use Plan

In 1981, the City approved, and the California Coastal Commission (Coastal Commission) certified, a coastal land use plan for Redondo Beach. The Redondo Beach coastal land use plan generally designated the area encompassing King Harbor and Redondo Beach Pier (Harbor/Pier area) for commercial uses, imposing no quantitative restrictions or standards of development.

In 2002, the city council approved a coastal zone ordinance intended to be part of the local coastal program. It concurrently approved a plan called “Heart of the City,” for the Harbor/Pier area and adjoining territory, comprising a combination of coastal land use plan, zoning ordinance, general plan and specific plan amendments. This plan would have allowed intensive commercial and condominium development for the Heart of the City. The proposed development was unacceptable to many City voters, who filed referendum petitions on the Heart of the City specific plan and related general plan amendments. In response to the petitions, the city council repealed the Heart of the City plan in June 2002 and reinstated a prior Harbor/Civic Center specific plan for the area.

The city council decided not to submit the Heart of the City zoning and coastal land use plan amendments to the Coastal Commission for certification. Instead, the city council submitted to the Coastal Commission portions [857]*857of a new coastal zoning ordinance covering only the predominantly residential portions of the City’s coastal zone (Area 1). In April 2003, after approving the geographical segmentation of the City into two areas (Area 1 and Area 2) for Coastal Act purposes,2 the Coastal Commission certified the coastal zoning ordinance for Area 1, subject to the City’s agreement to a number of modifications. (See § 30511, subd. (c).)

3. 2005 Ordinances

On August 2, 2005, the city council passed resolutions and ordinances (2005 ordinances) amending the coastal zoning ordinance, coastal land use plan, general plan and Harbor/Civic Center specific plan for Area 2. The 2005 ordinances provided: “This ordinance . . . shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.” A companion resolution, however, further provided that “[t]he City Council hereby certifies that the [local coastal program] as amended ... is intended to be carried out in a manner that is fully in conformity with the Coastal Act, and the submittal of the [local coastal program] amendments to the Coastal Commission is consistent with Section 30510 . . . .” The resolution further declared that the proposed amendments “will take effect automatically upon Coastal Commission approval pursuant to . . . Sections 30512, 30513, and 30519 for [local coastal programs].”

4. 2008 Enactments

On May 6, 2008, the city council approved a resolution and companion ordinance (2008 ordinance) amending the local coastal program for Area 2. The council eliminated earlier residential use designations in Area 2 and proposed five “coastal commercial” zones allowing for a net increase of 400,000 square feet in new development. The allowable uses in the coastal commercial zones were to include retail sales, restaurants, bars, nightclubs, offices, hotels and motels, as well as hybrids between motels and residential condominiums, referred to as “condominium-hotels,” “fractional ownership hotels” and “timeshares.”

The 2008 ordinance purported to decree two separate effective dates. Section 14 of the 2008 ordinance provided: “This ordinance . . . shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. For purposes of approving Coastal Development Permits, this ordinance shall be effective on the date of certification by [858]*858the Coastal Commission.” However, in the companion 2008 resolution the city council declared its 2008 coastal zoning and land use plan decisions were “proposed amendments” to its local coastal program that would “take effect automatically upon Coastal Commission approval pursuant to . . . Sections 30512, 30513, and 30519 for [local coastal programs].”

5. Measure DD

About this time, BBR and other advocates of a slow-growth or no growth philosophy began circulating an initiative petition (Measure DD) to place on the ballot a proposed amendment to the city charter. A notice of intention to circulate Measure DD was published in July 2007 and circulated among voters for signature. Proponents of the initiative petition obtained sufficient signatures to qualify the petition for submission to the voters at an election. In March 2008, the city council ordered the initiative measure to be placed on the ballot for the November 4, 2008 General Election. The question put to the voters was: “Shall an Initiative to amend the Redondo Beach City Charter by adding Article XXVII to require voter approval of specified changes in allowable land use be adopted?”3

At the General Election of November 4, 2008, Measure DD passed, adding article XXVII to the city charter.

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Bluebook (online)
203 Cal. App. 4th 852, 137 Cal. Rptr. 3d 622, 2012 Cal. App. LEXIS 158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/building-a-better-redondo-inc-v-city-of-redondo-beach-calctapp-2012.