The first Builder's Remedy application filed in Beverly Hills. Developer: Leo Pustilnikov (SLH Investments) — the same developer who filed the first SoCal Builder's Remedy application at the Redondo Beach AES power plant in August 2022. Pustilnikov submitted a preliminary application on October 24, 2022 for a 16-story, 200-unit residential tower with hotel at 125-129 South Linden Drive, a surface parking lot one block south of Wilshire Boulevard. Beverly Hills's Housing Element was not HCD-certified at the time. The project was redesigned to 19 stories with 165 apartments (33 affordable at 20%) and a 73-room hotel. Beverly Hills issued an incompleteness determination requiring a General Plan Amendment and Zoning Change (GPA/ZC) — the same requirement applied to ALL ten Builder's Remedy applications filed in Beverly Hills, totaling 981 units and 198 affordable units. HCD specifically found this GPA/ZC requirement was NOT required for Builder's Remedy projects. On June 27, 2024, the Beverly Hills City Council voted 5-0 to deny Pustilnikov's appeal of an October 2023 incompleteness determination. HCD had sent the city a letter of support and technical assistance the day before, and Urbanize LA reported that a last-minute HCD letter dismissed as "absurd" the rationale of an earlier HCD letter to Compton that city staff had relied on. Governor Newsom called out the city: "Now is a time to build more housing, not cave to the demands of NIMBYs." HCD issued a Notice of Violation on August 22, 2024, then a second notice on December 2, 2024 covering all 10 blocked projects. On August 12, 2025, Los Angeles County Superior Court Judge Curtis Kin ruled that Beverly Hills had violated state housing law and ordered it to reverse its denials and keep reviewing the project. Beverly Press reported that the developer then doubled the project from 19 to 36 stories. In March 2026, to comply with the ruling, the council rescinded its 2024 denial; the ruling requires the city to treat the preliminary application as complete. In May 2026 Cushman & Wakefield listed the site for sale, describing "a clear path to finalize entitlements" and showing two concepts: a 38-story tower with 84 hotel rooms and 55 condominiums, and the 19-story plan with 165 apartments and 73 hotel rooms. In March 2026 the council also approved, on appeal, the separate 26-story 8844 Burton Way builder's remedy project, which the Planning Commission had denied.
City Council · Court · Judge Curtis Kin
| Date | Event | What the record shows |
|---|---|---|
| October 15, 2021 | Beverly Hills Housing Element Deadline Missed | Beverly Hills misses the October 15, 2021 deadline to adopt a compliant 6th Cycle Housing Element. The city begins a 2.5-year period of non-compliance during which Builder's Remedy applies to all qualifying housing projects. City of Beverly Hills: https://www.beverlyhills.org/1526/Builders-Remedy-Information |
| October 24, 2022 | First Beverly Hills Builder's Remedy Application Filed — 125-129 S. Linden Drive | Leo Pustilnikov submits a preliminary application under SB 330 / Builder's Remedy for a 16-story, 200-unit residential tower at 125-129 South Linden Drive — a surface parking lot one block south of Wilshire Boulevard. This is the first Builder's Remedy application filed in Beverly Hills. Beverly Hills Courier: https://beverlyhillscourier.com/2024/08/22/state-sends-notice-of-violation-letter-to-city-in-linden-drive-matter/ |
| April 1, 2023 | Project Redesigned to 19 Stories — Incompleteness Determination Issued | Pustilnikov redesigns and resubmits the Linden Drive project as a 19-story building with 165 apartments (33 affordable) and a 73-room hotel. City staff deem the application incomplete in May 2023 and again in October 2023 and tell the applicant to apply for a General Plan Amendment and Zoning Change. HCD will later specifically find this requirement is NOT required for Builder's Remedy projects. Urbanize LA: https://la.urbanize.city/post/more-housing-projects-way-beverly-hills |
| May 1, 2024 | HCD Certifies Beverly Hills Housing Element — 2.5 Years Late | HCD certifies Beverly Hills's 6th Cycle Housing Element on May 1, 2024 — 2.5 years after the October 15, 2021 deadline. The certification closes the Builder's Remedy window for new applications. All projects submitted before this date retain vested rights under SB 330. City of Beverly Hills: https://www.beverlyhills.org/1526/Builders-Remedy-Information |
| June 26, 2024 | HCD Urges City To Grant Appeal | HCD sends the city a letter of support and technical assistance. Urbanize LA reports that a last-minute HCD letter dismissed as "absurd" the rationale of HCD's April 2024 letter to Compton, which city staff had cited, and recommended granting the appeal. Urbanize LA: https://la.urbanize.city/post/beverly-hills-blocks-19-story-builders-remedy-development |
| June 27, 2024 | City Council Denies Appeal, 5-0 | On June 27, 2024 the council votes 5-0 to deny Pustilnikov's appeal of the October 2023 incompleteness determination, citing among other reasons a late filing, mootness and a finding that the project does not qualify for builder's remedy protections. The developer and Californians for Homeownership later sue. LA Times / LAist: https://www.aol.com/news/beverly-hills-dragging-heels-building-100059716.html |
| August 22, 2024 | HCD Issues Notice of Violation — GPA/ZC Not Required for Builder's Remedy | HCD issues a formal Notice of Violation to Beverly Hills. Key finding: the incompleteness determination requiring a GPA/ZC is NOT required for Builder's Remedy projects. Governor Newsom: "We can't solve homelessness without addressing our housing shortage. Now is a time to build more housing, not cave to the demands of NIMBYs." Beverly Hills Courier: https://beverlyhillscourier.com/2024/08/22/state-sends-notice-of-violation-letter-to-city-in-linden-drive-matter/ |
| December 2, 2024 | HCD Second Letter Covers All 10 Beverly Hills Builder's Remedy Projects | HCD issues a second expanded letter specifically addressing all ten Beverly Hills Builder's Remedy applications (981 units total, 198 affordable). HCD confirms all ten qualify for Builder's Remedy and the GPA/ZC argument is invalid for all of them. HCD NOV letter: https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/HAU/beverly-hills-nov-120224.pdf |
| August 12, 2025 | Court Rules: Beverly Hills Violated State Law — Must Process Linden Drive | Los Angeles County Superior Court Judge Curtis Kin rules on Aug. 12 that Beverly Hills violated state housing law in its handling of the 125-129 S. Linden Drive project and orders the city to reverse its denials and keep processing the application. Dave Rand: "I can't begin to tell you how validating it is. A lot of these legal questions — they're new." The Real Deal LA: https://therealdeal.com/la/2025/08/14/beverly-hills-must-let-165-unit-builders-remedy-project-proceed-court-ruling/ |
| October 21, 2025 | 8844 Burton Way Denied by Planning Commission Against Staff Recommendation | The Beverly Hills Planning Commission votes to draft a resolution of denial for the Builder's Remedy project at 8844 Burton Way (Crescent Heights, 26-story building). The denial is against the recommendation of both staff and the Beverly Hills city attorney. Commissioner Gary Ross invokes an allegation about state anti-segregation laws regarding placement of affordable units — a novel and contested legal argument. Dave Rand: if the City Council upholds the denial, the developer plans to file litigation. A nearby resident: "The community will not relent in its effort to prevent the project from being built." Urbanize LA: https://la.urbanize.city/post/builders-remedy-high-rise-rejected-8844-burton-way-beverly-hills |
| October 22, 2025 | Developer Doubles Project to 36 Stories After Court Ruling | After the August 2025 ruling, Beverly Press reports, the developer doubles the project from 19 to 36 stories. No formal approval has been granted. Beverly Press: https://beverlypress.com/2025/10/beverly-hills-commission-denies-burton-way-project/ |
| March 26, 2026 | Council Rescinds Denial After Court Ruling | Beverly Hills Weekly reports that the council has reversed its June 2024 decision denying the appeal, to comply with Judge Curtis Kin's ruling. The ruling requires the city to treat the preliminary application as complete and proceed with its review. Beverly Hills Weekly: https://bhweekly.com/issues/pdf/2026_1382.pdf |
| May 12, 2026 | Site Listed for Sale | Cushman & Wakefield lists 129 S. Linden Drive for sale, citing "a clear path to finalize entitlements" and showing two concepts: a 38-story tower with 84 hotel rooms and 55 condominiums, and the 19-story plan with 165 apartments and 73 hotel rooms. LoopNet: https://www.loopnet.com/Listing/129-S-Linden-Dr-Beverly-Hills-CA/40503665/ |
| Date | Body | Action | Vote | Staff rec. | Source |
|---|---|---|---|---|---|
| June 27, 2024 | City Council | appeal rejected | 5–0 | Unknown | Urbanize LA: https://la.urbanize.city/post/beverly-hills-blocks-19-story-builders-remedy-development |
| August 12, 2025 | Court | ruling issued | — | Unknown | The Real Deal: https://therealdeal.com/la/2025/08/14/beverly-hills-must-let-165-unit-builders-remedy-project-proceed-court-ruling/ |
Rating 3 of 5. Multiple sources, including at least one primary record. Corrections: https://whokilledthebuilding.com/corrections.