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Who Killed the Building? · Case brief · October 22, 2026

125-129 S. Linden Drive Mixed-Use Tower (Beverly Hills)

Beverly Hills · Los Angeles County · California · https://whokilledthebuilding.com/projects/beverly-hills-linden-2022

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 In March 2026, to comply with the ruling, the council rescinded its 2024 denial; the ruling requires the city to treat the preliminary application as complete.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.

Project facts

JurisdictionBeverly Hills, Los Angeles County
StatusIn Review
Project typeMixed-Use
Address125-129 South Linden Drive, Beverly Hills, CA 90212
Units proposed165
Affordable units33
Floors36
Date filedOctober 24, 2022
Date deniedJune 27, 2024
Delay48 months
Housing elementIn compliance (HCD)

Mechanism and what it did

Decision-making bodies

City Council · Court · Judge Curtis Kin

Timeline

DateEventWhat the record shows
October 15, 2021Beverly Hills Housing Element Deadline MissedBeverly 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, 2022First Beverly Hills Builder's Remedy Application Filed — 125-129 S. Linden DriveLeo 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, 2023Project Redesigned to 19 Stories — Incompleteness Determination IssuedPustilnikov 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, 2024HCD Certifies Beverly Hills Housing Element — 2.5 Years LateHCD 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, 2024HCD Urges City To Grant AppealHCD 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, 2024City Council Denies Appeal, 5-0On 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, 2024HCD Issues Notice of Violation — GPA/ZC Not Required for Builder's RemedyHCD 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, 2024HCD Second Letter Covers All 10 Beverly Hills Builder's Remedy ProjectsHCD 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, 2025Court Rules: Beverly Hills Violated State Law — Must Process Linden DriveLos 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, 20258844 Burton Way Denied by Planning Commission Against Staff RecommendationThe 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, 2025Developer Doubles Project to 36 Stories After Court RulingAfter 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, 2026Council Rescinds Denial After Court RulingBeverly 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, 2026Site Listed for SaleCushman & 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/

Decisions

DateBodyActionVoteStaff rec.Source
June 27, 2024City Councilappeal rejected
Denied the developer's appeal of the October 2023 incompleteness determination.
5–0UnknownUrbanize LA: https://la.urbanize.city/post/beverly-hills-blocks-19-story-builders-remedy-development
August 12, 2025Courtruling issued
Judge Curtis Kin ruled that the city violated state housing law and ordered it to reverse its denials and continue reviewing the project.
—UnknownThe Real Deal: https://therealdeal.com/la/2025/08/14/beverly-hills-must-let-165-unit-builders-remedy-project-proceed-court-ruling/

Sources

  1. Beverly Hills blocks 19-story Builder's Remedy development, Urbanize LA (Steven Sharp), July 1, 2024 [News Article]. https://la.urbanize.city/post/beverly-hills-blocks-19-story-builders-remedy-development
  2. City Council Denies Linden Drive Appeal, Beverly Hills Courier (Joey Waldinger), July 4, 2024 [News Article]. https://beverlyhillscourier.com/2024/07/04/city-council-denies-linden-drive-appeal
  3. Beverly Hills is Dragging Its Heels on a Development with Affordable Apartments, Los Angeles Times, August 1, 2024 [News Article]. https://www.aol.com/news/beverly-hills-dragging-heels-building-100059716.html Best source for Goldman ("not opposed to affordable housing... just so far out of line") and broader community opposition. Confirms Newsom's direct intervention and Pustilnikov's full SoCal portfolio.
  4. State Sends Notice of Violation Letter to City in Linden Drive Matter, Beverly Hills Courier, August 23, 2024 [News Article]. https://beverlyhillscourier.com/2024/08/22/state-sends-notice-of-violation-letter-to-city-in-linden-drive-matter/ Best source for the HCD Notice of Violation. Confirms October 2022 preliminary application date, June 2024 City Council rejection, and Governor Newsom response.
  5. HCD Notice of Violation Letter — All 10 Beverly Hills Builder's Remedy Projects, California Department of Housing and Community Development, December 4, 2024 [Planning Document]. https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/HAU/beverly-hills-nov-120224.pdf HCD's second letter covering all 10 Beverly Hills Builder's Remedy projects (981 units, 198 affordable). Confirms the GPA/ZC argument is invalid for all of them. Primary government source for the systemic nature of the blocking.
  6. Beverly Hills Must Let 165-Unit Builder's Remedy Project Proceed, Court Ruling, The Real Deal LA, August 14, 2025 [News Article]. https://therealdeal.com/la/2025/08/14/beverly-hills-must-let-165-unit-builders-remedy-project-proceed-court-ruling/ Best single source for the August 2025 court ruling. Contains Rand quote, Pustilnikov's background across 12 projects, and context for what the ruling means for other BH Builder's Remedy projects.
  7. Builder's Remedy Tower Faces Review In Beverly Hills, CRE Daily, August 18, 2025 [News Article]. https://www.credaily.com/briefs/builders-remedy-tower-faces-review-in-beverly-hills/
  8. Beverly Hills Wrestles with Builder's Remedy Projects After Legal Ruling, Bisnow, October 24, 2025 [News Article]. https://www.bisnow.com/los-angeles/news/construction-development/beverly-hills-builders-remedy-approvals-denial-131522 Coverage after the August 2025 ruling and the Planning Commission's October 2025 denial of 8844 Burton Way. Good for the timeline of how BH moved from court ruling back to denial within 3 months.
  9. Builder's Remedy High-Rise Rejected at 8844 Burton Way in Beverly Hills, Urbanize LA, November 6, 2025 [News Article]. https://la.urbanize.city/post/builders-remedy-high-rise-rejected-8844-burton-way-beverly-hills Best source for the 8844 Burton Way denial (October 2025). Confirms denial was against staff and city attorney recommendation and that the anti-segregation argument was novel and contested.
  10. Beverly Hills Rescinds Prior Denial of Linden Drive Project Following Court Order, Beverly Hills Weekly, March 26, 2026 [News Article]. https://bhweekly.com/issues/pdf/2026_1382.pdf
  11. Previously Denied Towers Now a Go in Beverly Hills, Elevator World (Kaija Wilkinson), April 9, 2026 [News Article]. https://elevatorworld.com/?p=73373
  12. 129 S Linden Dr 0.5 Acres of Residential Land in Beverly Hills, CA 90212, LoopNet (Cushman & Wakefield), May 12, 2026 [Other]. https://www.loopnet.com/Listing/129-S-Linden-Dr-Beverly-Hills-CA/40503665/
  13. Beverly Hills Official Builder's Remedy Information Page, City of Beverly Hills [Planning Document]. https://www.beverlyhills.org/1526/Builders-Remedy-Information Official city page listing all pending Builder's Remedy projects, HCD letters, and city legal positions. Confirms HCD certification date (May 1, 2024) and the city's determinations for each project.
  14. Unprecedented Unlimited Height Hotel and Branded Residences Development, Beverly Hills, California, Cushman & Wakefield [Other]. https://images.loopnet.ca/d2/qYX-IjZsw5wrQQ60HGjUBvlXW9chQ4SM5xvIMIrjkaA/129%20S%20Linden%20Teaser.pdf

Data quality

Rating 3 of 5. Multiple sources, including at least one primary record. Corrections: https://whokilledthebuilding.com/corrections.