Planning Commission Approves Developments on N. Maple and N. Oakhurst Drives

Two new Builder’s Remedy projects will move forward following a vote by the Beverly Hills Planning Commission at its Oct. 14 meeting to conditionally approve the projects’ development plan reviews and find the projects exempt from the California Environmental Quality Act (CEQA). 

The ventures are both multi-family residential buildings: an 11-story structure at 401 N. Oakhurst Dr., and a 12-story development at 346 N. Maple Dr. 

Developer Leo Pustilnikov is the primary applicant for both projects. 

Dave Rand, an attorney representing Pustilnikov, expressed his satisfaction with the commission’s vote. 

“We were very pleased at the decision by the Planning Commission,” he told the Courier. “The city has made a clear, deliberate decision to follow the law, and we’re grateful that was the outcome.” 

At the meeting, Commission Chair Jeff Wolfe said that the city has very little discretion with regard to approving Builder’s Remedy projects. 

“In a nutshell, while I may agree with all the [opposition] from the residents, while I may have all of the same concerns, I still feel, sitting here as a commission, we are bound by both the municipal code, bound by state law and therefore the law compels me to support the project[s] with the conditions as specified,” he said. 

Applications for both projects were submitted to the city in April 2024. Currently, the lot at 346 N. Maple Dr. houses an eight-unit apartment building and detached six-car garage. The new, 124-foot building will have 65 residential units, 13 of which will be reserved for low- and very low-income households. The project will include 15 parking spaces and a one-level subterranean garage. 

The approximately 7,700-square-foot lot at 401 N. Oakhurst Dr. is now home to a six-unit apartment building and a detached six-car garage. The new project will feature a 131-foot building with 25 residential units, five of which will be reserved for low- and very low-income households. It will include 14 parking spaces and a one-level subterranean garage.

At the Oct. 14 meeting, multiple members of the public spoke in opposition to the ventures. 

“These two developments affect our lifestyle extremely,” said a resident of North Maple Drive. “Right now, as the parking exists, people have to drive four times around the block to find a parking spot to come and visit me or provide me services … [imagine] what life will be after these developments—forget about developing it—but after it’s developed, what will happen to parking and traffic?”

At the meeting, Rand emphasized that the North Maple Drive building will help the city fulfill the requirements of its state-issued Housing Element. 

“This particular project includes a very high percentage of affordable units that will be helpful to the city as you meet your [housing] requirements and demonstrate to the state that the affordable obligations, that are getting only greater and greater imposed on cities, are being met here in Beverly Hills,” he said.

Beverly Hills is required by the state to create capacity for over 3,100 new housing units by 2029. 

Prior to making a motion for the approval of the North Maple Drive project, Commissioner Terri Kaplan encouraged residents to voice their opinions about Builder’s Remedy to state policymakers. 

“For those members of the public who will be directly affected by this project, who have shown up to this meeting today or written to us or who are viewing or listening, thank you for participating,” she said. “As to what else you could do, it’s entirely within your discretion, if you object to the state law that places us in this position, you may write, and probably should, to your elected officials in Sacramento, including the governor.” 

Following the commission’s vote, there is a 14-day appeal period during which anyone can file an appeal to the decision. If an appeal is filed, the issue will go to the City Council. If no appeal is filed, the commission’s ruling is final.