Those top two floors..... they aren't apartments. Its something called a "parapet" per the project lead guy who was nice enough to email me after called the planning dept.:
"When we first started the design of the building, the residential component was envisioned to start on the second floor. However, as the design later evolved and we included a 1000 s.f. community room on the second floor and increased the ceiling height in the lobby area to two levels, we moved the first residential floor to level three. So, to answer your question, we have 20 units per floor on floors three through 24. The floor that will ultimately be level with the common area plaza level will be the second floor.
Our top floor is floor 24. The top of the building steps up as it transitions from what we refer to as the north side and south side (Mission Street). The step up on the south portion is simply a tall parapet that surrounds roof top mechanical equipment and an elevator room."