What’s next for the AES power plant after the failure of Measure B?
The final, uncertified results are in for the March 3 vote on Measure B in Redondo Beach, with 6684 against and 6073 in favor.
Measure B would have phased out power generation from the AES site, and would have established new land use and development standards for the site by amending the General Plan, Coastal Land Use Plan, Harbor/Civic Center Specific Plan, Coastal Zoning, Zoning, and City Charter. The new land use would have allowed 600 residential units, 85,000 square feet of commercial development, 250 hotel rooms and require 10 acres of public open space.
With the failure of Measure B, the zoning remains the same. However, the current power generating equipment must be retrofitted, retired, rebuilt or obtain special exemptions to continue operating beyond 2020 due to a State Water Resources Control Board ban on the cooling technology used by AES. AES has an application pending before the California Energy Commission for a new power plant to replace the existing one. The application was suspended pending the outcome of Measure B, but will likely proceed now that the Measure failed. The drawings for the proposed new power plant show a much smaller facility with fewer and shorter smoke stacks.
The unsightly distribution lines that run alongside Herondo/190th, however, may not go away. Their removal would not have been guaranteed with the passage of Measure B, either. According to a consultant for AES, “the lines move power through the region regardless of the operating condition of the existing units. Since these lines provide the transfer of energy throughout much of Los Angeles County and are integrated in the CAISO grid, the need for these lines remains regardless of the status of the power plant. These lines are, and will continue to be, vital to the reliable delivery of energy in the Southern California Edison service territory as well as the CAISO grid.” Whether or not that is true requires further investigation. Dealing with Edison and the monstrous transmission and distribution lines sprawled along the border between Hermosa and Redondo will be a post for another day.
The AES land on Harbor Drive is zoned P-GP (Public- Generating Plant). According to the Redondo Beach Municipal Code, this means parks, parkettes, open space, recreational facilities, beaches, and coastal bluffs are allowed as a matter of right. Public buildings and public utility facilities may be allowed under a conditional use permit, which requires a public hearing and approval process. No other use is allowed at the site.
AES stated during the campaign for Measure B that, in the event the voters reject Measure B, it would “pursue new projects consistent with the existing zoning, including a new power plant, large scale battery storage, a desalination facility, or another industrial alternative.”
All of these potential projects would have to qualify as public utility use, be approved by the City, and would be subject to a conditional use permit. AES cannot pursue “another industrial alternative” unless it is a public utility. The land is not zoned for “industrial use.” Even under current zoning, power generation is a conditional use- it is not allowed as a matter of right. The City could deny a request to rebuild the power plant based on a number of factors including safety, health, welfare and other impacts to surrounding properties.
Based on the campaigns for and against B, it seems that a majority of Redondo residents and business owners desire something other than a power plant at the site. Yes on B supporters pushed for mixed use commercial and residential, and No on B supporters seemed to want the power plant gone, but either did not like the mixed use or did not want to give so much control over development to AES.
So, will the people get what they want?
Maybe, but it is going to take a long time. The land is owned by AES, so the City cannot simply order AES to convert the old power plant into a park or residential development. AES could convert the land to a park on its own volition, but the chances of that happening are slim. The City could re-zone the land so that public utilities such as power generation are no longer allowed, but such a move would raise significant legal issues.
The city could amend the zoning restrictions pertaining to the land owned by AES, subject to constitutional restrictions. The city cannot deny AES all economically viable use of the land, and cannot frustrate AES’ reasonable investment-backed expectations, without providing just compensation for the property. Further, the City cannot terminate a use which commenced prior to the rezoning of the property. Under the “vested rights doctrine,” a property owner acquires a vested right to continue a use actually instituted notwithstanding an intervening change in the law that would otherwise preclude it.
If the City were to move forward with a zoning change to take effect in 2020 (when the plant needs to cease operating or be replaced/upgraded), there would likely be a battle between AES and the City over whether AES had a vested right to continue using the property for a power plant, and over just compensation.
Whether or not the development plan was a good idea or gave too much power to AES, Measure B was a unique opportunity to streamline a development project and eliminate the old power plant with cooperation from the property owner and city government. While proponents and opponents of Measure B seemed to all want the same thing- ridding the skyline of the unsightly power plant stacks- the result of a failed Measure B likely means we will all continue to look at the old plant for years to come.
