Planning Commission approves alternative solution to 50 foot building headache

Hermosa Beach Council chambers reached max occupancy at Tuesday’s, September 16,  Planning Commission meeting. The crowd turned out to protest a proposed, 50-foot high, five unit apartment building at 3415 Palm Avenue. (The apartments would face Hermosa Avenue.) 

But just 24 hours before the hearing, property owners Tony and Renarda Ferraro submitted a refined alternate plan for a 35-foot high, four unit apartment building. 

The site qualified for the 50-foot height under the State “Builders Remedy” program, which is intended to increase low cost housing statewide.

After more than two hours of public comment and planning commission discussion the 35-foot height limit plan was approved by a unanimous vote.

“I’m in awe, to be honest, I wasn’t expecting that,” Tony Ferraro said after the meeting. “There was a lot of negative stuff said over the months while we were working diligently behind the scenes to come up with a solution to make the community happy.” 

“There was one neighbor, in particular, who came to us and said, ‘I see what you’re doing. I think there’s a better way of doing it. You have the community opposed to you.’ He worked really well with us for six months. If it wasn’t for him, I don’t think we’d be here today.” Ferraro didn’t identify the neighbor. 

The Ferraros commissioned Manhattan Beach architect Louie Tomaro to address community complaints about the height and number of units.

 “I’ve seen many Builder’s Remedy projects. This is one of the most responsible ones I’ve seen,” Michael Shonafelt, the Ferraro’s attorney said. “There’s been a real good-faith effort to try and address these issues.” 

Many residents thanked the Ferraros for submitting the 35-foot high option as an alternative.

“Mr. Ferraro, I welcome you into our community, and into our neighborhood. I’m looking [forward] to getting old with you and enjoying a lot of BBQs on the deck,” said neighbor John Stiegler. “Maybe we’ll go surfing together.” 

Elka Worner, founder of Save Hermosa, a resident organization made to oppose the 50-foot structure, was pleased with the outcome. “Last night’s decision was exactly what we hoped for,” Worner said in an email following the meeting. “We’re glad the applicants scaled down the project from 50 to 35 feet. They listened to their neighbors.” 

However, several residents wanted the project to comply with the City’s 30-foot height limit. “There are building codes. They’re for a reason,” said Michele Wachtfogel, a Redondo Beach resident. “If you don’t want to play by the rules, then you can’t build here.”

Residents also expressed concern about setting a precedent for future “Builder’s Remedy” projects that would exceed the height limit.

“The opportunity for more “Builders Remedy” applications during this Housing Element cycle closed, as of August last year,” Sarah Locklin with the City Attorney’s Office said. “The Builder’s Remedy program is set to sunset in 2030, which is still within the next Housing Element cycle,” she acknowledged. But she said City Staff is already planning to get the 2029 Housing Element completed. When approved by the State, it would block future Builder’s Remedy projects. 

“I understood that this builder’s remedy is a one off. It’s not a precedent. There’s a lot of misinformation out there which has confused a lot of people,” resident Ann Gotthoffer said. “I’m so grateful to the applicant for taking the community into consideration. Let’s accept this new plan. For those of you who wish it were 30 feet, that’s not an option they needed to pursue. Let’s be realistic and be happy with this,” she said. 

“As a city, we have to make sure we get our Housing Element in on time and certified by the state so this doesn’t happen again,” Worner said in the email. 

Commissioner Michael Flaherty, as well as some residents were concerned about the 35-foot project being submitted just 24 hours before the Planning Commission meeting. 

“I think we need more time,” resident Nancy Schwappach said. “We would like to take a look at the new plan, look at the wiggle room they’re getting and make sure that it’s tight.”

Resident Laura Pena said the Ferraros were left with little options but to utilize the “Builders Remedy.” 

“The lesson to me is very clear, our code is outdated. It’s too rigid. It doesn’t provide for incremental, context sensitive growth. It gives property owners no option,” she said. “Do we want our city’s housing future dictated by Sacramento or are we ready to shape it ourselves with thoughtful, community-driven solutions?” 

The Commission’s approval was contingent on limiting the project to 35-feet high.