TO: LINDA REICH, CITY MANAGER
FROM: FRED GALANTE, CITY ATTORNEY
SUBJECT
title
New Commune DTLA LLC v. City of Redondo Beach Appeal.
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RECOMMENDATION
recommendation
That the City Council authorize participation in the appeal of the Court of Appeal's New Commune DTLA LLC v. City of Redondo Beach decision to the Supreme Court as amicus curiae (often referred to as a "friend of the court" brief supporting the position of one of the parties) to advocate for clarity and flexibility in the application of Government Code ? 65583.2 to overlay zoning strategies.
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FISCAL IMPACT
The actual amount of legal fees to be incurred in crafting the amicus brief will depend on the number of California municipalities that agree to join the brief.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES
The recommendation detailed above further the City's values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
* Responsible Long-Range Planning
Revenue:
Expenditure:
Transfer In:
Transfer Out:
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 under Code of Civil Procedure section 1085 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, ?? 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 violated Government Code ?65583.2, subdivision (h)(2). Specifically, New Commune argued that since the underlying zoning still permitted exclusively commercial or industrial projects wi...
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