The project will be 309 feet tall and 26 stories. (rendering courtesy of Crescent Heights)

In a marathon public meeting on March 24 that stretched until 3 a.m., the Beverly Hills City Council unanimously approved an appeal overturning the Planning Commission’s denial of a 26-story builder’s remedy project at 8844 Burton Way.

The 200-unit project was created by Crescent Heights, Inc., a development group responsible for several high-rise projects in Los Angeles including the 40-story building at 10000 Santa Monica Blvd. in Century City. The Burton Way project was initially proposed at 223 feet tall and 20 stories. However, changes in March and July 2025 by the developer increased the size of the project to 309 feet tall and 26 stories.

The development 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. The preliminary application for the development at 8844 Burton Way was submitted to the city in December 2023.

The Planning Commission voted 3-2 on Nov. 5 to deny the project. Commissioners expressed concerns over the project’s feasibility, reduction in affordable housing units and alleged fire safety concerns due to its size. Additionally, the project has received significant pushback from neighbors due to its size and height.

However, in its appeal letter dated Nov. 17, the developer argued that the project was unlawfully denied, and added that the City Council must overrule the decision under California housing law.

A city staff report on the appeal concluded that the city must approve the project.

“Based on the applicant’s analysis provided in the appeal petition and staff’s review of the Housing and Accountability Act and applicable state and federal laws, staff does not believe there is sufficient evidence in the record to support any of the findings required by the Housing

Accountability Act to defensibly deny the project,” the staff report read. “Thus, staff concurs with the applicant and recommends that the City Council uphold the appeal and adopt the draft resolution conditionally approving a development plan review and density bonus permit for the project.”

The City Council added the conditions that the project comply with the city’s noise ordinance as it related to parking operations, prepare and peer review technical studies during the plan check process, evaluate utility capacity, monitor vibration and air quality, maintain access to adjacent properties and provide the Beverly Hills Fire Department a review of final plans to ensure compliance with applicable fire codes, regulations and guidelines for high-rise structures.