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Who Killed the Building? · Case brief · October 22, 2026

Ten21 Harbor (Former SEA Lab Site, 1021 N. Harbor Drive)

Redondo Beach · Los Angeles County · California · https://whokilledthebuilding.com/projects/redondo-beach-ten21-2022

Ten21 Harbor was developer Leo Pustilnikov's builder's remedy proposal for 1021 N. Harbor Drive in Redondo Beach, the site of the SEA Lab educational facility, across the street from the AES power plant site. The applicant was New Commune DTLA LLC. The property is zoned Coastal Commercial (CC-4) under the city's certified local coastal program, which restricts the zone to public access uses, coastal-related commercial recreation and services for recreational boating and fishing; housing is neither permitted nor conditionally permitted. New Commune filed an SB 330 preliminary application on July 21, 2022 for 30 condominiums, six of them for lower-income households, and 7,124 square feet of commercial space. HCD found the city's housing element compliant on September 1, 2022. The formal application, filed November 10, 2022, described a 142,557-square-foot building with 35 units, seven of them for lower-income households, and 8,614 square feet of commercial space. On December 7, 2022 the community development director rejected it as incomplete, said the builder's remedy did not apply, and said housing on the site would require general plan, coastal program and zoning amendments. The City Council unanimously upheld the rejection on February 7, 2023 (Resolution CC-2302-023), and New Commune sued on February 14, 2023. On February 8, 2024, Los Angeles County Superior Court Judge James C. Chalfant found that the city had no compliant housing element when the preliminary application was filed and that its refusal was a disapproval under the Housing Accountability Act, but denied the petition because the project did not conform to the coastal program. In April 2024 two suits over Pustilnikov's One Redondo power plant project were stayed pending the appeal. In a separate New Commune suit, the Court of Appeal ruled on October 10, 2025 that the city's housing element did not substantially comply with state law, and the California Supreme Court declined review. On July 30, 2026 another division of the Court of Appeal affirmed the Ten21 judgment in a published opinion. Citing the 2025 ruling, it said the city had no compliant housing element when the project was submitted, assumed without deciding that the builder's remedy applied, and held that the Coastal Act required the city to deny the project under Government Code section 65589.5(d)(3). The city still listed the case as existing litigation in its October 20, 2026 closed session; no further ruling has been reported.

Project facts

JurisdictionRedondo Beach, Los Angeles County
StatusDenied
Project typeMixed-Use
Address1021 N. Harbor Drive, Redondo Beach, CA 90277
Units proposed35
Affordable units7
Date filedJuly 21, 2022
Date deniedFebruary 7, 2023
Housing elementIn compliance (HCD)

Mechanism and what it did

Decision-making bodies

Staff · City Council · Court · Judge James C. Chalfant · California Second District Court of Appeal

Timeline

DateEventWhat the record shows
July 21, 2022Preliminary Application Filed for SEA Lab SiteNew Commune DTLA LLC files an SB 330 preliminary application for 30 condominiums, six for lower-income households, on coastal commercial land where housing is not allowed. Superior Court ruling: https://www.coxcastle.com/assets/htmldocuments/New%20Commune%20DTLA%20v.%20Redondo%20Beach%20CA_SUP_LAX_23STCP00426_Order%20002.pdf
September 1, 2022State Finds Housing Element CompliantSix weeks after the preliminary application, HCD finds the housing element the council adopted on July 5, 2022 in full compliance. Superior Court ruling: https://www.coxcastle.com/assets/htmldocuments/New%20Commune%20DTLA%20v.%20Redondo%20Beach%20CA_SUP_LAX_23STCP00426_Order%20002.pdf
November 10, 2022Formal Application Seeks 35 UnitsThe application describes a 142,557-square-foot building with 35 units, seven for lower-income households, and 8,614 square feet of commercial space. Superior Court ruling: https://www.coxcastle.com/assets/htmldocuments/New%20Commune%20DTLA%20v.%20Redondo%20Beach%20CA_SUP_LAX_23STCP00426_Order%20002.pdf
December 7, 2022City Refuses To Process ApplicationThe community development director rejects the application as incomplete. Housing on the site, she says, would need general plan, coastal program and zoning amendments. Superior Court ruling: https://www.coxcastle.com/assets/htmldocuments/New%20Commune%20DTLA%20v.%20Redondo%20Beach%20CA_SUP_LAX_23STCP00426_Order%20002.pdf
February 7, 2023Council Upholds Rejection UnanimouslyThe council adopts Resolution CC-2302-023 denying the developer's appeal. Superior Court ruling: https://www.coxcastle.com/assets/htmldocuments/New%20Commune%20DTLA%20v.%20Redondo%20Beach%20CA_SUP_LAX_23STCP00426_Order%20002.pdf
February 14, 2023Developer Sues Redondo BeachNew Commune petitions Los Angeles County Superior Court (case 23STCP00426) to compel the city to process and approve the project. Superior Court ruling: https://www.coxcastle.com/assets/htmldocuments/New%20Commune%20DTLA%20v.%20Redondo%20Beach%20CA_SUP_LAX_23STCP00426_Order%20002.pdf
February 8, 2024Judge Rules Coastal Program ControlsJudge James C. Chalfant finds the builder's remedy available but denies the petition because the project does not conform to the certified local coastal program. Easy Reader: https://easyreadernews.com/judge-rules-against-pustilnikov-for-s-e-a-lab-project
October 10, 2025Appeals Court Finds Housing Element NoncompliantIn a separate New Commune suit (B336042), the court holds that the city's overlay zoning did not meet state housing element law. Court of Appeal: https://law.justia.com/cases/california/court-of-appeal/2025/b336042.html
July 30, 2026Appeals Court Upholds Denial in Published OpinionAssuming the builder's remedy applied, the court holds that the Coastal Act required denial under Gov. Code 65589.5(d)(3). Court of Appeal: https://law.justia.com/cases/california/court-of-appeal/2026/b337897.html

Decisions

DateBodyActionVoteStaff rec.Source
December 7, 2022Staffdeemed application incomplete
The community development director rejected the formal application as incomplete and declined to process it.
—UnknownSuperior Court ruling: https://www.coxcastle.com/assets/htmldocuments/New%20Commune%20DTLA%20v.%20Redondo%20Beach%20CA_SUP_LAX_23STCP00426_Order%20002.pdf
February 7, 2023City Councilappeal rejected
Unanimously adopted Resolution CC-2302-023 upholding the director's rejection; the tally was not reported.
—UnknownSuperior Court ruling: https://www.coxcastle.com/assets/htmldocuments/New%20Commune%20DTLA%20v.%20Redondo%20Beach%20CA_SUP_LAX_23STCP00426_Order%20002.pdf
February 14, 2023Courtlawsuit filed
New Commune DTLA LLC v. City of Redondo Beach, Los Angeles County Superior Court case 23STCP00426.
—UnknownSuperior Court ruling: https://www.coxcastle.com/assets/htmldocuments/New%20Commune%20DTLA%20v.%20Redondo%20Beach%20CA_SUP_LAX_23STCP00426_Order%20002.pdf
February 8, 2024Courtruling issued
Judge James C. Chalfant denied the petition, holding that the project had to conform to the certified local coastal program.
—UnknownEasy Reader: https://easyreadernews.com/judge-rules-against-pustilnikov-for-s-e-a-lab-project
July 30, 2026Courtruling issued
The Court of Appeal, Second District, Division Four, affirmed the judgment in a published opinion (B337897).
—UnknownCourt of Appeal: https://law.justia.com/cases/california/court-of-appeal/2026/b337897.html

Sources

  1. Tentative decision on petition for writ of mandate, New Commune DTLA LLC v. City of Redondo Beach (23STCP00426), Los Angeles County Superior Court (James C. Chalfant), February 8, 2024 [Court Filing]. https://www.coxcastle.com/assets/htmldocuments/New%20Commune%20DTLA%20v.%20Redondo%20Beach%20CA_SUP_LAX_23STCP00426_Order%20002.pdf
  2. Judge rules against Pustilnikov for S.E.A. Lab project, Easy Reader (Garth Meyer), February 22, 2024 [News Article]. https://easyreadernews.com/judge-rules-against-pustilnikov-for-s-e-a-lab-project
  3. Los Angeles County Superior Court Decisions Provide Needed Guidance on Builder's Remedy, Cox, Castle & Nicholson, March 28, 2024 [Other]. https://www.coxcastle.com/publication-los-angeles-county-superior-court-decisions-provide-needed-guidance-on-builders-remedy
  4. Lawsuits over Redondo Beach development stayed pending appeal, Daily Journal, April 17, 2024 [News Article]. https://dailyjournal.com/article/378057-lawsuits-over-redondo-beach-development-stayed-pending-appeal
  5. New Commune DTLA LLC v. City of Redondo Beach (B336042), California Court of Appeal, October 10, 2025 [Court Filing]. https://law.justia.com/cases/california/court-of-appeal/2025/b336042.html
  6. Hermosa's Housing Element Is Built On Ground Redondo Just Vacated, Hermosa Review, May 10, 2026 [News Article]. https://www.hermosareview.com/hermosas-housing-element-is-built-on-ground-redondo-just-vacated/
  7. New Commune DTLA LLC v. City of Redondo Beach (B337897), California Court of Appeal, July 30, 2026 [Court Filing]. https://law.justia.com/cases/california/court-of-appeal/2026/b337897.html
  8. Appeals Court Leaves the Door Open for the Builder's Remedy in the Coastal Zone, National Law Review (Sheppard Mullin) (Brooke Miller and Ali V. Tehrani), August 6, 2026 [Other]. https://natlawreview.com/article/appeals-court-leaves-door-open-builders-remedy-coastal-zone
  9. Second District Holds Rejects Builder's Remedy for Affordable Housing in Coastal Zone on Site Designed for Non-Residential Uses, Remy Moose Manley (Christina Berglund), August 13, 2026 [Other]. https://www.rmmenvirolaw.com/second-district-holds-rejects-builders-remedy-for-affordable-housing-in-coastal-zone-on-site-designed-for-non-residential-uses/
  10. Builder's remedy must yield to the Coastal Act when developer proposes project in area not zoned for housing, Ashurst Perkins Coie (Josh Patashnik), August 28, 2026 [Other]. https://www.ashurstperkinscoie.com/en/insights/builders-remedy-must-yield-to-the-coastal-act/
  11. City Council agenda, October 20, 2026, City of Redondo Beach, October 20, 2026 [Planning Document]. https://redondo.legistar.com/View.ashx?M=A&ID=1444795&GUID=8539CDB3-7873-47B7-9BBF-F89839A2BC4F

Data quality

Rating 4 of 5. Primary records for the key facts; minor details may rest on reporting. Corrections: https://whokilledthebuilding.com/corrections.