The project at 125-129 S. Linden Drive will now be 36 stories and 400 feet tall. (rendering courtesy of Englander Knabe & Allen)

The developer for a builder’s remedy project at 125-129 S. Linden Drive in Beverly Hills has increased the size of the tower from 19 to 36 stories, doubling the height from approximately 200 to 400 feet. The updated development includes 185 additional units, with 28 reserved for affordable housing. The 36-story tower will now have a total of 350 units, 61 of which are affordable, and an 80-room luxury hotel.

The project’s developer Leo Pustilnikov successfully sued the city of Beverly Hills, alleging that the city unlawfully blocked the project from moving forward. An Aug. 12 court ruling mandated that the city process the application under California’s Housing Accountability Act. The city of Beverly Hills is currently facing at least six similar builder’s remedy lawsuits and at least 14 builder’s remedy projects overall.

“This project represents a bold vision for the future of Beverly Hills,” Pustilnikov said in a statement. “We are proud to deliver both market-rate and affordable housing, as well as a new luxury hotel that will strengthen the local economy. With the court’s green light, we are prepared to move swiftly toward breaking ground.”

However, the city of Beverly Hills responded by stating that it had not received a new application as of Sept. 3.

“We have not yet received an application for the revised project,” Beverly Hills Director of Community Development Michael Forbes said. “We are not in a position to comment on it until we have received an application and had a chance to review it.”

The development will replace a parking lot and exceeds usual city height and density restrictions due to the builder’s remedy, a state provision that allows private developers to bypass local code regulations when a project contains at least 13% affordable housing. The provision takes effect when a municipality’s housing element – a state-mandated outline of zoning for affordable housing within the city – is out of compliance.

The city of Beverly Hills’ housing element for the 2021-29 cycle was out of compliance for approximately three years between 2021-24.

Ken Goldman, president of the Southwest Beverly Hills Homeowners Association, long opposed the project at 125-129 S. Linden Drive for its size, lack of parking and potential impacts on traffic in the residential area. He said he was very disappointed to see that the project’s proportions had increased even further.

“In my opinion, the greedy developer just got greedier,” Goldman said. “If he really wants to help the housing situation, then 100% of his project should be available for affordable housing.”