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

One Redondo — AES Power Plant Waterfront Redevelopment

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

A proposed mixed-use waterfront redevelopment of the 50-54 acre former AES Redondo Beach Generating Station at 1100 North Harbor Drive — a power plant that operated from 1907 until December 31, 2023. Developer: Leo Pustilnikov, operating through Next Century Power LLC and SLH Investments. Pustilnikov acquired the site from AES in 2020 for approximately $150 million. The August 10, 2022 preliminary application under SB 330 — the first Builder's Remedy application filed anywhere in Southern California — proposed approximately 2,700 residential units, 540 affordable units (20% of total), a 300-room hotel, approximately 550,000 square feet of office space, ground-floor retail, and 22.5 acres of public park and open space. Buildings would range from an 8-wing apartment compound to a 200-foot residential tower. The preserved AES concrete plant building would host event space or a museum. The Builder's Remedy basis: Redondo Beach's Housing Element was not HCD-certified at the time of the August 2022 SB 330 application. The City of Redondo Beach contested Builder's Remedy at every step: arguing its Housing Element was already "substantially compliant" (rejected by HCD); voting to ban Builder's Remedy entirely in December 2022 (struck down by courts); issuing multiple "incomplete" determinations in 2023; and invoking coastal zone requirements and Charter City voter-approval claims. The state (Governor Newsom, AG Bonta, and HCD) sued Redondo Beach in March 2023. A Feb. 8, 2024 Superior Court ruling against Pustilnikov on Coastal Act grounds came in a separate case over Ten21, his 30-unit builder's remedy project at 1021 N. Harbor Drive across the street; in April 2024 two of his suits over the power plant site were stayed pending the appeal of that ruling, and on July 30, 2026 the Court of Appeal upheld the city's denial of Ten21. YIMBY Law filed a separate suit in August 2023. On Oct. 10, 2025, in New Commune DTLA LLC v. City of Redondo Beach, the Second District Court of Appeal reversed a trial court judgment that had upheld the city's housing element. It held that the element did not comply with state law because the base zoning on its overlay sites still allowed projects with no housing, and ordered the trial court to issue a writ requiring the city to revise it. The California Supreme Court denied the city's petition for review on Jan. 28, 2026. The council adopted a revised housing element in May 2026, HCD found it in compliance on May 20, 2026, and City Attorney Joy Abaquin-Ford said the city is not subject to the builder's remedy under it. On March 30, 2026 the site's owners settled one of their six lawsuits against the city, a $120 million suit claiming that the city had engaged in a multi-year scheme to block development of the site; five suits remain pending. The project has not been approved.

Project facts

JurisdictionRedondo Beach, Los Angeles County
StatusStalled
Project typeMixed-Use
Address1100 North Harbor Drive, Redondo Beach, CA 90277
Units proposed2,700
Affordable units540
Date filedAugust 10, 2022
Date deniedMay 9, 2023
Delay45 months
Documented cost of delay$150,000,000
Housing elementIn compliance (HCD)

Mechanism and what it did

Decision-making bodies

Court

Timeline

DateEventWhat the record shows
January 1, 2020Pustilnikov Acquires AES Power Plant Site for $150 MillionLeo Pustilnikov and SLH Investments acquire the 50-54 acre AES Redondo Beach Generating Station site for approximately $150 million. The plant was required by state regulations to close by the end of 2023 due to the ban on once-through ocean cooling. Easy Reader News: https://easyreadernews.com/one-redondo-builders-remedy/
August 10, 2022First Builder's Remedy Application in Southern California FiledLeo Pustilnikov files a preliminary application under SB 330 for One Redondo — the first Builder's Remedy application filed anywhere in Southern California. The application proposes approximately 2,300+ residential units (later expanded to ~2,700), 540 affordable units, a hotel, office space, retail, and 22.5 acres of public park on the former AES power plant site. Mayor Pro-Tem Nehrenheim's immediate reaction: "The drawing is absurd." Reason: https://reason.com/2022/09/09/this-renegade-california-developer/
December 20, 2022Redondo Beach Votes to Explicitly Ban Builder's RemedyThe Redondo Beach City Council becomes the first city council in California to vote to explicitly ban Builder's Remedy applications. Governor Newsom and AG Bonta begin preparing a lawsuit. Easy Reader News: https://easyreadernews.com/redondo-beach-builders-remedy-ban/
February 1, 2023City Issues First Incompleteness DeterminationCommunity Development Director Brandy Forbes issues the first incompleteness determination for One Redondo, citing missing coastal development permit materials, Charter City requirements, and CEQA compliance. The Real Deal LA: https://therealdeal.com/la/2023/05/denying-one-redondo/
March 1, 2023State Sues Redondo Beach — Newsom, Bonta, HCDGovernor Gavin Newsom, Attorney General Rob Bonta, and the California Department of Housing and Community Development file a lawsuit against the City of Redondo Beach for its ban on SB 9, ADU, and Builder's Remedy applications. The city is ordered to process SB 9 and ADU applications. California Attorney General: https://oag.ca.gov/news/press-releases/attorney-general-bonta-governor-newsom-and-state-housing-department-sue-redondo
May 9, 2023City Council Denies Builder's Remedy AppealThe Redondo Beach City Council votes to uphold the incompleteness determination and denies the developer's appeal. The city's position: Charter City argument requires a popular vote; application lacks Coastal Act compliance materials; Builder's Remedy does not apply. The Real Deal LA: https://therealdeal.com/la/2023/05/denying-one-redondo/
August 4, 2023YIMBY Law Files Separate LawsuitYIMBY Law files a lawsuit against Redondo Beach alleging the city violated state housing law by denying the One Redondo Builder's Remedy application. Rafa Sonnenfeld: "Redondo Beach has ignored state law as well as their own municipal code. These homes must be approved." Urbanize LA: https://urbanize.la/post/yimby-law-sues-redondo-beach-over-builders-remedy-project-rejection
October 30, 2023Trial Court Upholds Housing ElementIn New Commune DTLA and Leonid Pustilnikov v. City of Redondo Beach (22TRCP00203), Judge Ronald Frank denies the developer's petition, finding that the city substantially complied with housing element law when the council adopted its element on July 5, 2022, before HCD's Sept. 1, 2022 certification. Court filing: https://www.coxcastle.com/assets/htmldocuments/New%20Commune%20DTLA%20v.%20Redondo%20Beach%20CA_SUP_LAX_23STCP00426_Order%20002.pdf
December 31, 2023AES Power Plant Closes PermanentlyThe AES Redondo Beach Generating Station closes permanently. The plant, operational since 1907, is now shuttered. The 50-acre site begins decommissioning and is now entirely vacant — a blank slate on the Los Angeles waterfront with no approved development plan. The Real Deal LA: https://therealdeal.com/la/2024/01/power-plant-closes-redondo-beach/
February 8, 2024Ruling in Neighboring Ten21 Case Backs City on Coastal ActJudge James Chalfant denies a petition by Pustilnikov's New Commune DTLA (23STCP00426) over Ten21, a separate 30-unit builder's remedy project at 1021 N. Harbor Drive, across the street from the power plant site. He finds that the developer could invoke the builder's remedy but could not ignore the city's certified Local Coastal Program, which does not allow housing on that parcel. Two of Pustilnikov's suits over the power plant site are stayed in April 2024 pending the appeal, and on July 30, 2026 the Court of Appeal upholds the city's denial of Ten21. Easy Reader: https://easyreadernews.com/judge-rules-against-pustilnikov-for-s-e-a-lab-project
October 10, 2025Court of Appeal Strikes Down Redondo Beach Housing ElementThe California Second District Court of Appeal issues its ruling in New Commune DTLA LLC v. City of Redondo Beach (B336042), finding that Redondo Beach's Housing Element violates state law. The ruling means the city's Housing Element is invalid — potentially reopening Builder's Remedy eligibility for One Redondo and other projects. Davis Vanguard: https://davisvanguard.org/2025/10/california-court-strikes-down-redondo-beachs-housing-element-plan/
January 28, 2026Supreme Court Declines To Review Housing Element RulingAt its Jan. 28 conference the California Supreme Court denies review in New Commune DTLA v. City of Redondo Beach (S294028) and denies a request to depublish the opinion, leaving the Oct. 10, 2025 ruling in place. Supreme Court of California: https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/conference%20results%20-%20012826.pdf
March 30, 2026Owners Settle One of Six Suits Against CityPustilnikov agrees to dismiss, with prejudice, a $120 million suit he and developer Ely Dromy filed claiming the city engaged in a multi-year scheme against the property. Five other suits by the site's owners remain pending. Easy Reader: https://easyreadernews.com/pustilnikov-redondo-beach-settle-one-waterfront-case-five-pending
May 20, 2026State Certifies Revised Housing ElementHCD finds the housing element the council adopted earlier in May in compliance. City Attorney Joy Abaquin-Ford: "The city is not subject to Builder's Remedy with the newly certified Housing Element." Easy Reader: https://easyreadernews.com/builders-remedy-immune-state-certifies-revised-redondo-beach-housing-element

Decisions

DateBodyActionVoteStaff rec.Source
October 30, 2023Courtruling issued
Judge Ronald Frank denied New Commune DTLA's housing element petition (22TRCP00203), finding the element compliant from its July 5, 2022 adoption.
—UnknownCourt filing: https://www.coxcastle.com/assets/htmldocuments/New%20Commune%20DTLA%20v.%20Redondo%20Beach%20CA_SUP_LAX_23STCP00426_Order%20002.pdf
October 10, 2025Courtruling issued
New Commune DTLA LLC v. City of Redondo Beach (B336042), Second District Court of Appeal: the housing element did not comply with state law; the trial court must issue a writ requiring revision.
—UnknownEasy Reader: https://easyreadernews.com/aes-ruling-against-redondo-may-open-door-to-builders-remedy-developments-statewide
January 28, 2026Courtruling issued
California Supreme Court denied review and depublication (S294028).
—UnknownSupreme Court of California: https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/conference%20results%20-%20012826.pdf

Sources

  1. This Renegade California Developer Is Forcing Cities to Build Affordable Housing, Reason (Christian Britschgi), September 9, 2022 [News Article]. https://reason.com/2022/09/09/this-renegade-california-developer/ Best early profile of Pustilnikov and the Builder's Remedy legal theory. Documents the first Southern California BR filing and initial city reaction.
  2. Attorney General Bonta, Governor Newsom, and State Housing Department Sue Redondo Beach, California Attorney General (Official Press Release), March 1, 2023 [News Article]. https://oag.ca.gov/news/press-releases/attorney-general-bonta-governor-newsom-and-state-housing-department-sue-redondo Official state press release announcing the joint state lawsuit against Redondo Beach.
  3. Redondo Beach Again Denies Pustilnikov's Power Plant Project, The Real Deal LA, May 15, 2023 [News Article]. https://therealdeal.com/la/2023/05/denying-one-redondo/ Coverage of May 2023 city council denial. Confirms city's Charter City argument and Brandy Forbes's role.
  4. YIMBY Law Sues Redondo Beach Over Builder's Remedy Project Rejection, Urbanize LA, August 4, 2023 [News Article]. https://urbanize.la/post/yimby-law-sues-redondo-beach-over-builders-remedy-project-rejection Coverage of YIMBY Law's August 2023 lawsuit. Contains Rafa Sonnenfeld quote.
  5. Judge rules against Pustilnikov AES development plan, Easy Reader (Garth Meyer), December 8, 2023 [News Article]. https://easyreadernews.com/judge-rules-against-pustilnikov-aes-development-plan
  6. Tentative decision on petition for writ of mandate, New Commune DTLA LLC v. City of Redondo Beach (23STCP00426, Ten21), Los Angeles County Superior Court (posted by Cox, Castle & Nicholson), February 8, 2024 [Court Filing]. https://www.coxcastle.com/assets/htmldocuments/New%20Commune%20DTLA%20v.%20Redondo%20Beach%20CA_SUP_LAX_23STCP00426_Order%20002.pdf
  7. Court Denies Huge Builder's Remedy Project in Redondo Beach, The Real Deal LA, February 8, 2024 [News Article]. https://therealdeal.com/la/2024/02/08/court-denies-huge-builders-remedy-project-in-redondo-beach/ Primary source for the February 2024 Superior Court ruling against the developer on coastal zone grounds.
  8. 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
  9. 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
  10. California Court Strikes Down Redondo Beach's Housing Element Plan, Davis Vanguard, October 10, 2025 [News Article]. https://davisvanguard.org/2025/10/california-court-strikes-down-redondo-beachs-housing-element-plan/ Coverage of October 2025 Court of Appeal ruling. Confirms case citation: New Commune DTLA LLC v. City of Redondo Beach, B336042.
  11. Court ruling against Redondo may open door to Builder's Remedy developments statewide, Easy Reader (Garth Meyer), October 16, 2025 [News Article]. https://easyreadernews.com/aes-ruling-against-redondo-may-open-door-to-builders-remedy-developments-statewide
  12. Court of Appeal Rejects Housing Element Overlay Strategy, Ashurst Perkins Coie, December 18, 2025 [Other]. https://www.ashurstperkinscoie.com/en/insights/court-of-appeal-rejects-housing-element-overlay-strategy/
  13. Results from the petition conference of 1/28/2026 (New Commune DTLA v. City of Redondo Beach, S294028), Supreme Court of California, January 28, 2026 [Court Filing]. https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/conference%20results%20-%20012826.pdf
  14. California Supreme Court declines to hear housing overlay case, Champion Newspapers (Vanessa Siguenza), February 14, 2026 [News Article]. https://www.championnewspapers.com/community_news/article_3c6b1550-9cb9-4ec5-8300-41176c47955f.html
  15. Pustilnikov, Redondo Beach settle one waterfront case; five pending, Easy Reader (Garth Meyer), April 16, 2026 [News Article]. https://easyreadernews.com/pustilnikov-redondo-beach-settle-one-waterfront-case-five-pending
  16. Redondo Beach sets new housing plan after court loss, Easy Reader (Garth Meyer), May 7, 2026 [News Article]. https://easyreadernews.com/redondo-beach-sets-new-housing-plan-after-court-loss
  17. Builder's Remedy immune? State certifies revised Redondo Beach Housing Element, Easy Reader (Garth Meyer), May 28, 2026 [News Article]. https://easyreadernews.com/builders-remedy-immune-state-certifies-revised-redondo-beach-housing-element
  18. Appeals Court Leaves the Door Open for the Builder's Remedy in the Coastal Zone, The National Law Review (Brooke Miller and Ali V. Tehrani), August 6, 2026 [Other]. https://natlawreview.com/article/appeals-court-leaves-door-open-builders-remedy-coastal-zone

Data quality

Rating 3 of 5. Multiple sources, including at least one primary record. Corrections: https://whokilledthebuilding.com/corrections.