For the past two years, the City of Beverly Hills has fought off an onslaught of applications for Builder's Remedy developments. 

The projects, which range from eight-story apartment blocks to 20-story high-rise buildings, are the result of a once little-known provision of state law which permits developers to sidestep local zoning regulations such as those relating to building height and residential density in jurisdictions that have failed to obtain certification for their housing elements. Beverly Hills tried and failed three times to gain certification for its plan before finally securing the necessary approval of state housing officials in March 2024.

Though other Los Angeles County cities such as Santa Monica have settled with Builder's Remedy applicants to avoid a legal battle, Beverly Hills had instead opted to block each application at the door. Developers who have taken advantage of the Builder's Remedy have been instructed to apply for discretionary approvals such as a general plan amendment and a zone change, despite state regulators opining that the applications should be processed and other Southern California cities being told the same after fighting projects in court.

However, recent actions by Beverly Hills planners and elected officials may demonstrate an attempt at compromising with the group of developers who still have projects pending before the city. Over the course of December 2024 and January 2025, Beverly Hills have deemed complete applications for at multiple Builder's Remedy projects, including:

  • an eight-story, 90-unit apartment building at 214-216 Hamilton Drive;
  • a 12-story, 65-unit development at 346 N. Maple Drive; 
  • an 11-story, 25-unit development at 401 N. Oakhurst Drive, an
  • an eight-story, 55-unit development at 232 N. Tower Drive; 
  • a 14-story 116-unit mixed use building with a 60-room hotel at 9229 Wilshire Boulevard; and
  • a 20-story, 200-unit tower at 8844 Burton Way.

A total of 19 applications for Builders' Remedy projects have been received in Beverly Hills - 14 of which city staff consider to still be active. Not included in that total is a proposed 19-story building on Linden Avenue, which the City Council voted to reject last year (a battle which is now being fought in court).

View looking southwestOttinger Architects

Additionally, the Beverly Hills City Council recently began consideration of a ministerial approval process which could be offered to Builder's Remedy applicants in exchange for reducing the scale of their projects. Currently, all mixed-use and multifamily residential projects in Beverly Hills require discretionary approval.

While specific design standards have yet to be established, staff have suggested upper limits similar to what is now achievable via state density bonus law. The lone exception is a proposed maximum building height of 85 feet, which is consistent with recent density bonus developments considered by the city.

City Council has also directed staff to consider a requirement for prevailing wage or union labor on any project making use of the ministerial approval process. The process would be limited to use in lieu of current Builder's Remedy applications, and would not be open to other applicants seeking to building housing within Beverly Hills.

The proposed ministerial approval process will be before the Planning Commission for review and feedback at a later date, and will require approval by the Beverly Hills City Council and an environmental clearance if it is to ever take effect.

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