Builder’s Remedy Projects Moved Forward in 2025

The city of Beverly Hills worked with state officials for approximately 2 ½ years between 2021 and 2024 to obtain approval of its mandated Housing Element. During this period, the city was subject to developers seeking to make use of the state’s Builder’s Remedy provisions. In all, 16 applications were submitted for Builder’s Remedy projects in Beverly Hills. As another year has come to a close, the Courier is taking a look at where those projects currently stand. 

Builder’s Remedy was added to the government code in 1990 and heavily modified in 2024, resulting in what many called “Builder’s Remedy 2.0.” The provision allows developers to circumvent certain city codes, including those governing building and zoning, in exchange for providing a certain number of affordable residential units in cities lacking a certified Housing Element.

In Beverly Hills, a major turning point for developers seeking to make use of Builder’s Remedy occurred in August 2025, when Los Angeles Superior Court Judge Curtis A. Kin ordered city officials to process the application for a proposed 19-story, mixed-use development at 125-129 S. Linden Drive. 

Kin determined that the city violated California’s Housing Accountability Act and Permit Streamlining Act in its decisions regarding the project, and the case has effectively set precedent for other, similar projects. 

Of the 16 applications submitted to the city, nine were approved by the Beverly Hills Planning Commission in October 2025. Another was denied, four are currently in litigation, one will be heard by the Planning Commission in January, and one is on hold at the request of the applicant. 

The nine projects approved by the Planning Commission are: 

• An eight-story mixed-use development with 135 residential units at 333-353 S. Beverly Drive;

• A 12-story residential project with 65 residential units at 346 N. Maple Drive;

• An 11-story residential project with 25 residential units at 401 N. Oakhurst Drive;

• A 13-story residential project with 53 dwelling units at 9430 Olympic Blvd.;

• A 13-story mixed-use development with 75 residential units at 9441 Olympic Blvd.;

• An eight-story mixed-use development with 105 residential units at 9467 Olympic Blvd.;

• A 19-story mixed-use development with 30 residential units at 145 S. Rodeo Drive;

• A 14-story mixed-use development with 116 residential units at 9229 Wilshire Blvd., and 

• An eight-story residential development with 55 residential units at 232 Tower Drive.

Two of those projects have been appealed to the City Council. The project proposed for 9229 Wilshire Blvd. was appealed by an interested party and the applicant. That hearing is currently scheduled for Jan. 13, according to a representative from the city. Additionally, the applicant submitted a revised project which is currently being reviewed by the city. The revised project would be 26 stories with 195 residential units.

The project at 232 Tower Drive was also appealed to the City Council by the Carthay Beverly Hills Neighbors, a group of Beverly Hills and Los Angeles residents. A hearing date for that appeal is pending.  

In November 2025, the Planning Commission denied a request for a development plan review and density bonus permit for a proposed 26-story project at 8844 Burton Way. Dave Rand, an attorney representing the developer, told the Courier at the time that the commission “completely and flagrantly ignored the law.” 

In a recent email to the Courier, Rand said that “We have made it pretty clear in our papers to the city and in response to questions from the press that the applicant will sue the city if the project is denied. Obviously, the City Council has the opportunity to ensure that does not happen by following the law and approving the project.”

The four applications involved in litigation include two side-by-side developments at 8800 and  8820 Wilshire Blvd., both of which would be 19 stories and include retail space and residential units; a 15-story residential building at 140 S. Camden Drive; and and the development at 125-129 S. Linden Drive.

In March 2025, two nearly identical lawsuits were filed regarding the Wilshire Boulevard projects claiming that the applications were unfairly denied. Trial setting conferences are scheduled for both complaints in January. 

The city was sued by the developer of the Camden Drive project in June 2025 in a complaint that challenged the city’s determination that the application for a Builder’s Remedy project was forfeited. 

Finally, the city filed an appeal in the Linden Drive case in November 2025. 

As part of the 16 Builder’s Remedy applications submitted to the city, two were proposed for projects on Hamilton Drive. An eight-story residential development at 214-216 S. Hamilton Drive will be reviewed by the Planning Commission on Jan. 22, and an application for a residential development at 211-217 S. Hamilton Drive has been placed on hold at the applicant’s request.