The 13-story project at 9430 Olympic Boulevard will replace an existing office building. (rendering courtesy of Ottinger Architects)

The Beverly Hills Planning Commission on Oct. 23 approved two additional builder’s remedy projects at 9430 Olympic Blvd. and 232 Tower Drive.

The 13-story project at 9430 Olympic Blvd. will be 140 feet tall and contain 53 residential units with balconies and a rooftop terrace. Eleven units will be reserved for low-income residents. The development, which replaces an existing office building, includes three levels of underground parking with 23 parking spaces.

The project on Olympic Boulevard was approved in a 4-0 vote. Commissioner Myra Demeter recused herself as she owns property within 1,000 feet of the development site.

The site is owned by Samuel Aflalo, a developer also building three nearby builder’s remedy projects that were recently approved by the Planning Commission – a 13-story building at 9441 Olympic Blvd., an eight-story building at 9467 Olympic Blvd. and an eight-story building at 333-353 S. Beverly Drive. The development at 9467 Olympic Blvd. will replace an existing Pavilions supermarket.

“We’re going to be removing old, obsolete office buildings that were built in a different time and don’t really service the community the way a new development will,” Aflalo said. “Same thing for the grocery store – it’s an older building. It’s not in the best shape. We’re going to build something that suits the needs of the community today. We’re also bringing both affordable housing and market-rate housing that’s much needed in the city of Beverly Hills.”

The four developments planned by Aflalo near the intersection of Olympic Boulevard and Beverly Drive will bring 368 new residential units to Beverly Hills, including 74 affordable units.

The eight-story project at 232 Tower Drive also approved by the Planning Commission on Oct. 23 will be 101 feet tall and contain 55 residential units, 11 of which will be reserved for low-income residents. Outdoor spaces include private balconies facing south and a rooftop common area. An underground parking structure will provide 13 parking spaces. The project directly borders the Carthay Circle neighborhood in the city of Los Angeles and will replace an eight-unit apartment building constructed in 1940.

The Tower Drive project was approved in a 4-0 vote. Commission Chair Jeff Wolfe recused himself because he owns property within 500 feet of the development site.

Both projects approved by the Planning Commission on Oct. 23 exceed usual height and density allowed under city code, but make use of a state housing law known as the builder’s remedy. The builder’s remedy is a state provision that allows private developers to bypass local code regulations when a project contains 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.

The builder’s remedy leaves little authority to municipalities to deny projects with affordable housing. In August, an L.A. Superior Court judge ruled in favor of the developer of a 19-story builder’s remedy in a lawsuit that alleged the city unlawfully blocked the project from moving forward. The ruling mandated that the city process builder’s remedy applications. Following the ruling, the development in question at 125-129 S. Linden Drive doubled in size, from 19 stories to 36.

The projects approved on Oct. 23 were fiercely opposed by many residents.

“This proposal is an insult to the people of Los Angeles,” a speaker who identified himself as Matthew said, referring to the 9430 Olympic Blvd. development. “You are allowing developers to bulldoze our history – to replace craftsmanship and culture with soulless, cheaply built boxes that will crumble before they even mean anything. You call it progress, I call it greed.”

Some residents expressed frustration with the city for failing to create a satisfactory housing element between 2021 and 2024.

“Why do we have to bear the brunt of the city’s mistakes to not comply with the housing ordinances that were deemed necessary … and now we have to suffer the consequences?” Tower Drive resident Brandon Kaplan said.