TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Justin Clifton, City Manager
PREPARED BY: Tiffany Israel, City Attorney
SUBJECT:
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Consider Participation as Amicus Curiae in the Request for the California Supreme Court to Take the Appeal of New Commune DTLA LLC v. City of Redondo Beach in which a Developer Successfully Challenged the Use of Overlay Zones in Redondo Beach's Certified Housing Element
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RECOMMENDATION
recommendation
Authorize participation in the request that the California Supreme Court accept the appeal of the Court of Appeal's New Commune DTLA LLC v. City of Redondo Beach decision as an amicus curiae.
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PRIOR ACTION/VOTE
None.
BACKGROUND
On October 10, 2025, the California Court of Appeal, Second Appellate District, issued its opinion in New Commune DTLA LLC v. City of Redondo Beach, reversing the trial court's denial of a petition for writ of mandate filed by New Commune DTLA LLC (New Commune). New Commune sought to invalidate the City of Redondo Beach's 2021-2029 Housing Element, which the City adopted in October 2021 to comply with the California Housing Element Law (Gov. Code Sections 65580-65589.11).
New Commune asserted that the City's Housing Element was deficient because it relied on a residential overlay allowing multifamily housing on parcels zoned for commercial and industrial uses, in violation of Government Code Section 65583.2, subdivision (h)(2). Specifically, New Commune argued that since the underlying zoning still permitted exclusively commercial or industrial projects with no residential component, the overlay failed to meet the statute's minimum density and residential-use requirements. New Commune also argued the City failed to identify sites that could realistically accommodate low-income housing as required by Government Code Section 65582, subdivision (l).
More than 250 jurisdictions in California have similarly approved overlay zoning to satisfy Regional Housing Needs Alloc...
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