The Beverly Hills Planning Commission at its Nov. 5 meeting denied a request for a development plan review and density bonus permit utilizing state Housing Accountability Act Builder’s Remedy provisions to allow for the construction of a 26-story, 200-unit multifamily residential project at 8844 Burton Way.
The commission voted 3-2 to deny the requests, with Commissioner Terri Kaplan and Chair Jeff Wolfe voting against the denial.
Developer Crescent Heights submitted an application for the Burton Way project in March 2024. The initial proposal was for a 20-story building with 40 affordable units. The application was revised to 26 stories and 22 affordable units earlier this year.
Commissioners Gary Ross and Myra Demeter and Vice Chair Lou Milkowski cited multiple bases for their denial on Nov. 5.
Ross and Demeter both referenced the project’s feasibility.
“I think that the applicant has played games with what is and isn’t feasible,” said Ross, citing the project’s reduction of affordable units and height increase.
Ross added, “None of us really know what the law is in its vagaries and its changing contours, in what way that a judge or a court would interpret the law. I can only interpret the law the way that I see it.”
Photo by Jessica Ogilvie
Demeter said she had hoped the developer would agree to reduce the project from 26 stories back to 20 and was disappointed they did not do so. She also stated that she believed the project would be feasible at a lower height and with the original number of affordable units.
“It’s disturbing, because I really came in here hoping that we could work out something,” said Demeter. “But unfortunately, I feel that what has been offered is not really going to work for me, and I don’t mind if it’s appealed to City Council.”
Milkowski cited his belief that the project will have an impact upon public health or safety because it “conflicts with the city’s general plan, use designation and zoning development standards, including density, outdoor living space and height.”
“Specifically,” he said, “It’s a mammoth monstrosity that we haven’t seen elsewhere.”
Deliberations about the proposed project at 8844 Burton Way have been extensive and tense at times. On Oct. 21, the commission instructed city staff to draft language denying the project. That language was expected to be reviewed on Oct. 29 but was moved to Nov. 5.
Following the Oct. 21 decision, the commission received a letter from the California Department of Housing and Community Development reminding the city, among other things, of “its obligations under the Housing Accountability Act and specifically the requirements for making findings of denial.”
There is now a 14-day appeal period during which anyone can appeal the commission’s decision to City Council.
Dave Rand, the attorney for the project developer told the Courier after the hearing that “The Planning Commission majority completely and flagrantly ignored the law and we are going to vigorously pursue our rights starting with an appeal to City Council and litigation if necessary. The city is inviting the State to impose massive penalties for violations of state housing law.”
