Superior Court judge rules in favor of city

A Torrance Superior Court granted an important victory to Hermosa Beach, allowing it to postpone its pending lawsuit against Redondo Beach until its City Council takes action on a Heart of the City plan next June.

The Oct. 24 decision gives Hermosa Beach city officials time to review any new revisions to a plan that could end up being as displeasing as the original.

The Hermosa Beach City Council now has the legal authority to wait and see what the Redondo Beach City Council approves related to the plan. It may initiate its lawsuit again if it votes for the same or a similar plan that may still cause traffic and congestion problems in Hermosa Beach. The stay will keep the city from spending taxpayer dollars in court.

“I’m very pleased with the court decision,” said Hermosa Beach City Attorney Mike Jenkins. “I obviously think it’s the right decision; and it will avoid more expenditures of time, money and energy to fight a project that may very well change. It makes sense to hold off on things and we will now wait until the city of Redondo Beach takes action.”

Redondo Beach city officials last week urged the court in a written response to deny Hermosa Beach’s request to retain its right to sue.

Enclosed in this document was a written declaration from Redondo Beach City Manager Louis Garcia stating, “The revised Heart of the City specific plan that will be prepared by staff, and recommended by me for City Council approval, will be substantially identical to the one that was rescinded, albeit at a lower housing density.”

Hermosa Beach initially filed suit in April, contending the original Heart of the City plan would create congestion and traffic impacts on Hermosa Beach residents living near its southern border.

In April, more than 6,000 Redondo Beach voters signed a petition to put the plan on a ballot in the form of a referendum to target two zoning ordinances. Voters voiced concern about the high density, traffic and noise impacts that the plan would generate in the city.

In June, Redondo Beach city officials rescinded the plan and is now prohibited from proceeding with it for one year.

Hermosa Beach Councilman Sam Edgerton said he is satisfied with the court decision and added the stay seems to be the least of Redondo’s worries since it now has to follow through on a pledge made to voters.

“It (Redondo Beach) took away a referendum upon the promise to come back with a different plan and I don’t know how it will rectify that,” he said. “Now we are not going to waste any more money playing tactics. I think the plan will be a victim of another referendum. It’s the same old car with a new coat of paint. How can anyone take Redondo Beach’s codes seriously when the city itself violates them to make its own project fly?”

The original Heart of the City plan called for sweeping changes to Redondo Beach’s waterfront and the AES power plant located along Hermosa Beach’s southern border. The plan would have allowed for up to 675,000 square foot of commercial development and almost 3,000 residential units by allowing as little as 16 units per acre or up to 55 units per acre.

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