Exemption From Ban Denied

The Manhattan Beach City Council on Tuesday refused to exempt developer Mark Kavanaugh from a building moratorium that was prompted a month ago by his controversial plan for a 13-unit apartment building near Polliwog Park.

Kavanaugh’s attorney, Kenneth Bley, argued that the $259,000 his client has spent for permits, demolition, loan fees and other costs gives Kavanaugh a vested right to continue his project.

But the council, acting on the advice of City Atty. Carl Newton, held that such spending would be required for any development Kavanaugh eventually puts on the site. In a 5-0 vote, it directed the staff to prepare a resolution denying Kavanaugh’s appeal and set a vote for the next meeting in two weeks.

The Redondo Beach developer--after being turned down by the council on a condominium proposal--received required council permission a year ago for a shopping center on his corner property, which is in a commercial planned-development zone. Instead of continuing with the commercial project, Kavanaugh submitted plans and received a permit from the city building agency for an apartment building. That use is permitted in the zone without council approval.

When neighbors learned of the development switch, they accused Kavanaugh of deception, and the council slapped a moratorium on building throughout the special zone. The council is weighing what kind of development it wants in the zone, where current rules permit a mix of residential and commercial.