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LWV League of Women Voters of California Education Fund
Smart Voter
Los Angeles County, CA November 4, 2008 Election
Measure DD
Voter Approval of Specified Changes in Allowable Land Use
City of Redondo Beach

Initiative Charter Amendment - Majority Approval Required

Pass: 17,412 / 58.72% Yes votes ...... 12,241 / 41.28% No votes

See Also: Index of all Measures

Information shown below: Impartial Analysis | Arguments | Full Text

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?

Impartial Analysis from Michael W. Webb
City Attorney
Background. The type and density of development permissible in the City of Redondo Beach is generally governed by a combination of state law and the City’s Charter, general plan and zoning code. The Charter is the legal authority that establishes the City. The general plan provides goals and policies and a basis for rational decisions regarding long-term physical development. The zoning code implements the general plan and provides more detailed requirements regarding development.

The Measure. Measure DD, an initiative petition, would amend the Charter of the City of Redondo Beach by adding a new article entitled “Major Changes in Allowable Land Use.” The new article would require both City Council approval and voter approval before a “major change in allowable land use” would become effective.

The scope and impact of this requirement cannot be determined with certainty as the definition in the Measure of what constitutes a “major change in allowable land use” is incomplete. The term is defined to mean a change in the general plan or zoning code “meeting one or more of the following conditions:”, but no list of conditions ensues. Without the list, it is possible that a court would find the Measure impermissibly vague and therefore unenforceable. Alternatively, a court might find that the following three items, found later in the Measure and identified in the Measure Summary, constitute the missing list: (1) significantly increasing traffic, density or intensity of use; (2) changing a public use to a private use; or (3) changing a nonresidential use to residential or a mixed use resulting in a density of greater than 8.8 dwelling units per acre. If so, changes meeting any of these three criteria would be subject to the Measure’s requirements, including voter approval.

The new article would also add substantially to the information required to be included in the sample ballot materials mailed to each voter prior to an election on a “major change in allowable land use.” Ballot materials would be required to include detailed information, such as the features of the project, location and acreage, text of any proposed plan or code amendment, traffic impacts, comparative data concerning existing and proposed densities and intensities of use, maximum buildout potential for any site-specific development and maps. Sample ballot materials are printed and mailed at public expense.

Measure DD also requires substantial additional information to be included in applications for “major change in allowable land use.” In addition to materials required under other applicable laws, applications would be required to include the sample ballot information described above, materials, plot plans or diagrams, a discussion of potential planning and zoning inconsistencies and mitigation measures and an analysis of the traffic circulation and safety impacts meeting certain detailed specifications contained in the Measure.

Measure DD excepts certain projects from its requirements, such as public schools, hospitals and affordable housing developments.

The Measure would limit the options available to the City to satisfy state-mandated housing production goals.

Arguments Submitted

Full Text of Argument In Favor, Rebuttal

Full Text of Argument Against, Rebuttal

  Official Information

City of Redondo Beach
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Full Text of Measure DD
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Created: January 24, 2009 10:34 PST
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