After multiple marathon hearings, the Beverly Hills Planning Commission has rejected a proposed Builder's Remedy project at 8844 Burton Way.

The project from developer Crescent Heights, which would rise from a currently empty lot, calls for the construction a 26-story building featuring 38 studio, two-, and three-bedroom apartments with parking for 316 vehicles. To be eligible for the Builder's Remedy, the tower would provide 22 units of affordable housing at the extremely low- and moderate-income levels.

The project was a result of an extended period in which the City of Beverly Hills found itself at odds with state regulators over its housing element, failing on multiple occasions to secure certification. While the City refused to process the numerous Builder's Remedy projects that originated during this period for more than one year, the 8844 Burton Way project is one of a handful which were eventually accepted for review.

While the Planning Commission has reluctantly moved to approve the other projects presented to them thus far, the Crescent Heights proposal came up against more forceful opposition. Against the recommendation of staff and the Beverly Hills city attorney, the Commission voted initially on October 21 to draft a resolution of denial, latching onto an allegation from Commissioner Gary Ross that the project violated state anti-segregation laws regarding the distribution of required affordable units within the building. The project had initially placed the affordable units on the lower floors of the tower.

Aerial view looking southeastLarge Architecture

Prior to the November 5 hearing, Crescent Heights revised its project to redistribute the affordable units onto a larger number of floors within the building, addressing the major point of contention raised at the initial meeting. That change failed to sway a majority of the Commission, who pivoted to objecting to other matters such as the building's height and perceived impacts on privacy.

Crescent Heights proposed to reduce the overall height of the building by two floors, and would have accounted for the lost floor area by building wider structure. Likewise, the offer included translucent balconies on the building's lowest floor to address privacy between the building and adjacent structures. However, those changes were contingent on an agreement for the City Council to not call the item up for review and attempt to impose further conditions, and would have also been voided in the event of an appeal - something which at least one neighbor vowed to do.

A majority of Commissioners were disinclined to accept a proposal with a contingency, and cited opposition from neighbors and the scale of the project in reaching their decision. Ross was joined by Commission Vice Chair Lou Milkowski and Myra Demeter in voting to deny the project. Commissioner Terri Kaplan, the lone vote against denying the project in the initial hearing, maintained her position, citing her lack of discretion to block a Builder's Remedy project under state law. Commission Chair Jeff Wolfe, who voted against the project in the first hearing, was a "yes" vote at the second hearing, and attributed his change of position to the redistribution of the affordable units within the building.

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