The Beverly Hills Planning Commission on Oct. 23 moved two Builder’s Remedy projects forward. In a unanimous vote, the commission conditionally approved a development plan review to allow for the construction of a 13-story, multifamily residential building with 53 dwelling units at 9430 Olympic Blvd. owned by Samuel Aflalo of Fisch Properties, L.P.
It also conditionally approved, in a unanimous vote, a development plan review to allow for the construction of an eight-story, multifamily residential structure with 55 dwelling units at 232 Tower Drive owned by Leo Pustilnikov of Oak Investment Company, LLC and Beachside Suites, LLC.
Both projects will be exempt from further review under the California Environmental Quality Act (CEQA), and both are being designed by Ottinger Architects.
The votes represent the sixth and seventh Builder’s Remedy projects conditionally approved by the commission this month. On Oct. 9, the commission conditionally approved plans for two eight-story, mixed-use developments at 9467 Olympic Blvd. and 333-353 S. Beverly Drive and a 13-story mixed-use building at 9441 Olympic Blvd. All three properties are owned by Aflalo.
On Oct. 14, the commission conditionally approved an 11-story structure at 401 N. Oakhurst Drive and a 12-story development at 346 N. Maple Drive.
The project at 9430 Olympic Blvd. approved on Oct. 23 will take the place of an existing three-story office building. Of its 53 residential units, 11 will be reserved for low-income households. The development will also include 23 parking spaces in three levels of subterranean parking.
On the first floor, a gym will be available to residents, and a common outdoor area will be located on the 13th floor.
Beverly Hills resident Ari Tuchman, who advocated for increased privacy measures at South Beverly Drive, 9467 Olympic Blvd. and 9441 Olympic Blvd. developments, expressed his desire for the same measures to be taken at 9430 Olympic Blvd.
“While this project may not abut single family directly, it is still very close to the block that I live on, which is El Camino, and it’s only a couple hundred feet away and so that’s kind of the reason and the basis for me coming here and addressing a couple concerns I have with this project,” he said, adding, “It’s my request that all of the conditions that were placed on the projects at Beverly and 9467 also be incorporated, by reference, to the extent feasible for this project.”
Commissioner Terri Kaplan alluded to the fact that per state law, she has little choice but to vote in favor of Builder’s Remedy projects, regardless of her opinion about them.
“I don’t necessarily like any of these projects, but I feel very constrained,” she said.
Commissioner Myra Demeter recused herself from the vote on 9430 Olympic Blvd. because she owns property in the nearby vicinity.
In discussing the Tower Drive project, Ken Dusick, a resident of Carthay Circle, spoke about the impact of the structure on his neighborhood. Dusick called the project “tawdry” and the evening’s proceedings “a hearing in form but not in substance.”
“I have to say that I feel, honestly, rather depressed about what I’m seeing and what I’m hearing … the sanction of the Builder’s Remedy is for the jurisdiction,” he said. “We in Carthay don’t live in that jurisdiction, though we are suffering the consequences of something we weren’t a party to, and that concerns me.”
The property at Tower Drive is currently home to an eight-unit apartment building with two detached parking garages. The new structure will include 55 dwelling units of which 11 will be reserved for lower-income households.
Echoing Kaplan’s sentiments, Demeter noted that the project, like many Builder’s Remedy developments, is out of scale with the city.
“This project is a Builder’s Remedy project and very different, not driven by the findings that we can approve a project by—it doesn’t fit any of the findings, it conflicts with the general plan, living space, height, setbacks, modulation, etc.,” she said. “Putting all that aside, we are obligated by the state to approve Builder’s Remedy projects that do not satisfy any of these findings.”
Commissioner Chair Jeff Wolfe recused himself from the vote because he owns property near the proposed development.
Both projects will now enter a 14-day appeal period during which they can be appealed to the City Council.
