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.
Staff · City Council · Court · Judge James C. Chalfant · California Second District Court of Appeal
| Date | Event | What the record shows |
|---|---|---|
| July 21, 2022 | Preliminary Application Filed for SEA Lab Site | New 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, 2022 | State Finds Housing Element Compliant | Six 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, 2022 | Formal Application Seeks 35 Units | The 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, 2022 | City Refuses To Process Application | The 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, 2023 | Council Upholds Rejection Unanimously | The 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, 2023 | Developer Sues Redondo Beach | New 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, 2024 | Judge Rules Coastal Program Controls | Judge 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, 2025 | Appeals Court Finds Housing Element Noncompliant | In 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, 2026 | Appeals Court Upholds Denial in Published Opinion | Assuming 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 |
| Date | Body | Action | Vote | Staff rec. | Source |
|---|---|---|---|---|---|
| December 7, 2022 | Staff | deemed application incomplete | — | Unknown | Superior Court ruling: https://www.coxcastle.com/assets/htmldocuments/New%20Commune%20DTLA%20v.%20Redondo%20Beach%20CA_SUP_LAX_23STCP00426_Order%20002.pdf |
| February 7, 2023 | City Council | appeal rejected | — | Unknown | Superior Court ruling: https://www.coxcastle.com/assets/htmldocuments/New%20Commune%20DTLA%20v.%20Redondo%20Beach%20CA_SUP_LAX_23STCP00426_Order%20002.pdf |
| February 14, 2023 | Court | lawsuit filed | — | Unknown | Superior Court ruling: https://www.coxcastle.com/assets/htmldocuments/New%20Commune%20DTLA%20v.%20Redondo%20Beach%20CA_SUP_LAX_23STCP00426_Order%20002.pdf |
| February 8, 2024 | Court | ruling issued | — | Unknown | Easy Reader: https://easyreadernews.com/judge-rules-against-pustilnikov-for-s-e-a-lab-project |
| July 30, 2026 | Court | ruling issued | — | Unknown | Court of Appeal: https://law.justia.com/cases/california/court-of-appeal/2026/b337897.html |
Rating 4 of 5. Primary records for the key facts; minor details may rest on reporting. Corrections: https://whokilledthebuilding.com/corrections.