actual project, the entire property has been raised two feet up. and then the basement they take down four feet deep. and then the bedroom including to five bedroom. and also, the garage in the corner, they extend it four feet. and also the upstairs, the bathroom, they have extended the bathroom like the roof. however, in a community there is a few houses that already make the remodeling. because we are on a slope, so the front and the back they are

not level. so what they did was like they make the area which is high to level up and then make it flat so that it making like a living space. the uniqueness of this particular community which is good about it is each and every single house to have a little bit of the ocean view. so we wanted to save, in fact, you know, we wanted to preserve this because the value is there.

so if they have just one property, raise it up, there, so that they will increase the value, and then, in a sense, the rest of them that they remain low, so, this is not what we want to see in the community in holding the value for the property. the best thing that i wanted to do in this hearing and that i want to show my opinion. in july, we received an e-mail

from adrian. on the hearing on july 11th, a hearing was being cancelled. they will inform us the new date. not until september 11th, they give us a small amount of drawings. and after that they told me that the hearing is september 26th, however they don't have all of the specifics

not until september 24th, i have initiate e-mail to find out where is the date and time and place of this particular hearing. in fact i have not received a notice of public hearing. and also, my neighbor, did not receive the notification either. until the 24th, then i received the e-mail. then, inform me the time was going to be starting at noon. and also, the location. i believe that is not notifying my neighbor you are taking out and taking away the right to be be present in this particular hearing. and also, in the drawing of the documents, it shows some sort

of error. for example on the very first page of the drawing, all of those things that they have did, some of the area is not very clear. so, i believe this is like misleading. so i wanted to... now i want to submit this document to you because they said that i don't have this and i want to submit this for you now to you. this is... actually i have this way in the beginning.

because in here, it is indicated that it is only one. >> thank you ma'am, your five minutes are up. >> so does it including the interpreter time to translation time? well, the five minutes did not it only included your speaking time, i would pause and start the timer. >> okay. >> speakers in support of the dr requestor? are there any speakers in support of? okay. sorry. chan low? is there a chan low? is that you? and so you have spoken already.

the rest of the speakers appear to be in support of the project. to be in support of the dr requestor. >> yeah. >> no, hang on. >> yeah. >> you are in support of the project. >> yes. >> so it appears there are no speakers in support of the dr requestor. and so we will ask now the project responser and you will have five minutes. you might want to try, there are two microphones there. there you go. thank you commissioner and thank you commissioner chair. my name is cam win owner of the house of 225 santa anna avenue and i have written a request two and a half years ago requesting to remodel my house so that i could live in it in my wheelchair situation. and also on my health situation. in the request that i send via

mr., the agent of mine, johnny derosa emphasizes that the three, i am sorry the four objectives that i would like to have in the project both in writing and in drawing, objecting number one the place for me to live has to be healthy, medical, ha bitable. and that includes the air should not be stagnant, should not be full of water in it, and therefore, digging deep down and would not gain me that kind of healthy air to live in. and objective number two, is to keep my house especially with the structural design as it was

designed back in 1927. objectivity number three, not to cause any disagreement, and unhappiness with my neighbors. and objective number four, which is always maintain a peaceful relationship that i have had with my neighbors for the past 27 years. in order to get my points across, i organized the first meeting in my garage on july 8th, 2011. next door neighbors came in, the btha about the terrace and home owner association caming and except, the one that raised complaint behind nigh house i invite it and the agent invited but he or she did not come in. any way my next door neighbors

never, never oppose it. and that time, in my proposal, i was requesting to raise my house by 6 feet, eleven inches. and he and she did not oppose it either. and i always showed the drawings that the agent gave me to them. and secondly, as i continued to change the drawings, went now to two feet exactly the increase that i request and it was also shown to my neighbor and they did not oppose it and as of now, i got eight supports, and in my neighborhoods, including my next door neighbors on both sides, across the streets from my house on santa ana, behind my house and not exactly behind, but the number 235.

san boneto which is just one house away from behind my house. they all support me and they signed the paper on the 19th and the 20th of this month. when i realize that the bth support is not enough. and at first i thought that bth support is what is needed for the support. and so i did not ask for others specific, but when i was notified that that is not enough, then, i asked for it on the 19th and the 20th and i got those two. including the couple next door to us who are having wedding this week and i, congratulate them for that. and about the dr. three points in the dr, written, point number one, is about my house increase would

block the view ocean from that house. commissioners, please, look at the photos that the dr sent to you. the photo that i brought number seven, so very clearly, all the houses on santa ana block between there end and the other one, next to... and close to my house. that block, on the houses on santa ana, whether they change the height or stay the same as the height the houses on san bonito cannot see the direct view to the ocean. but they can have a view of the ocean in between houses. >> thank you, sir, your time is up. >> thank you very much for the time. >> thank you. >> speakers in support of the project sponsor, roger, whiter,

cam engine. yeah. >> good afternoon, commissioners. i'm roger writer and i am the president of the balboa terrace homes association and i am here first in my, official capacity to state that the homes association has no objection to the proposed project that mr. and mrs. nuyen and their agent have cooperated fully with the association and have submitted to the architectal review process for the past two and a half years. it has an active association and a very active architectal review committee and i believe that a letter from the chair of the committee was in the file and unable to be here today but he wrote a separate letter, pointing out that the committee received for negative comments

from the neighbors, at any time, and based on the fact that they have followed the protocol, and the proposed change in height and other external modifications did not conflict with the ccnr in the balboa terrace and the association has no objection to the project. second speaking for myself as a neighbor, i live one block away, i can say that the project does not disturb the neighborhood character. my family has lived in balboa terrace for 60 years and i grew up there. and my son has grown up there. the neighborhood is one of rich architectal character but it is not cookie cutter and all of the houses do not look-a-like and the modest changes that they are proposing, are not in any way, going to violate the character of the neighborhood. finally, in terms of historic

character, i would like to note that balboa terrace is not a historic district. but, the planning department in this matter, has treated this project as if it were required to do historic review, and i respectfully asked the commission to note, that the permit was first applied for two and a half years ago. and we are still in the process. as president of the association, i received inquiries from home owners as to what they can or cannot do with their property. and often, i am at a loss to say what they can do. and only tell them to just try to follow the guidelines as best as possible. so, with that note i would like to say once again, the association has no objection. i support the project, and i hope that the commission will expedite this and grant the necessary application. thank you very much. >> thank you.

>> are there any other speakers in support of project sponsor? >> okay, dr requestor you have a 2-minute rebuttal. >> i believe the previous statement by roger that he is taking sides. and the e-mail and so i wish that you all could look at it. as i mentioned before, that i want to point it out that change is supposed to be a very minimal change but in reality

it was not. and the second thing is that in the entire process, and the people that are making the objection, so they are not properly notified so that they know the hearing time, date and location. even though myself, the fact that i have to initiate the e-mail on the 24th to question about it, so i did not receive a response by the evening hour around 5:00 or so, regarding the notification of today's

hearing. >> so i believe during this process, for all of those people who have tried to handle this affair, they have not doing in a very justified and a fair manner. even though, in this particular paper, indicated that it is continued from the july 11, hearing. but, however, the e-mail i received has indicated that particular hearing has been changed, the dates changed. even though i am the one who is

opposing to this project i did not get proper notification, how are all of my neighbors were informed about the date in change and time? the previously, the owner indicated that back in 2011, i have not participate in the meeting because i already have a previous commitment at that time. i have make a telephone call to the person who draw up the plan and indicated that i am object the to the project.

previously, the chairman indicated that he supported the project owner by, you know, like increasing the value of his own house, so that he could live there healthily but yet he shortcut the people that are at least three houses behind and sacrifice their view and so if that is what he meant, you know, to the community. >> thank you. >> >> project sponsor you have a two-minute rebuttal if you choose. >> thank you commissioners. may i just say based on the written paper i received from the planning department about the dr, number one, the focus number one is given the concern, that the dr requestor

why your project should be approved. my response to the planning department. and the project should be approved because it does not cause at first the effect on my neighbors due to its two-feet increase in the height, nor does it change its face off architectal style. i believe that it will be able to be built to a higher value of the neighborhood due to its more pleasant looking in the recent own file. on page one of his or her dr, are the requestor lists two concerns, and one misinformation. and concern number one is a view of the sea and ocean, i have expressed to the commissioners a few minutes ago. concern number two, the height increase will distort the

characteristic style with uneven height of the houses within the 150 feet of the subject property, which is my house. and as we designed the project and i submit it to the planning commission committee, we always kept in mind these objectives. one, providing a healthy, living space with our stagnant and moisture rised air. number two, provide the accessibility to an independent wheelchair movement. in and out of the house from the sidewalk and not from the second floor. number three, maintaining the look of our face own structure style and enhancing the pleasant mingling with our neighbors. >> thank you sir your time is up. >> thank you very much, commissioners. >> thank you. >> the public hearing is closed.

and opening up to commissioners. commissioner antonini. >> there have been allegations that the notification was inadequate i will assume that this has been notified according to our rules? >> it has been sent, first hearing on july 11 it was announced for a continuance to september 26th. and i would just say, that the dr requestor was kind of complaining why we did not send out a second notice for that continuance and as the rule says, we do not. as long as the commissioner announced the continuance. >> thank you. so i think that deals with that particular thing. and i have a question, i guess maybe for staff, also, sorry.

and i am looking at the plans, and i am looking for the plans for the addition. and it looks like they have on the first floor a living room and a bedroom and a den and garage and two bedrooms and a couple of bathrooms which is extensive and i am not sure why you would have a second living room in a single family home when you already have a living room upstairs. >> responding to the commissioner antonini. we have this morning we contacted the project sponsor and asked him the same question and basically, they wanted to have ha bitable floor for the disabled person to live on and also, accessing ramp on the east side. >> yes. >> i am sorry on the south side

of the property. and i also confirmed with the project sponsor that this ground floor, okay, there have been no cooking facilities or any kitchen, that is because it is not allowed within rh1 d district. and in other words, there will only be accessory living space, to the main floor above. so, the question that i ask is what is happening if there is no elevator in this, how is project sponsor going to get up to the kitchen or the dining area on the upper floor? >> according to the current plans we do not think that the wheelchair can access the second floor without an elevator or a lift. no the regular living requirements, probably would have to be served from the only kitchen on the second floor. >> okay >> serving food.

>> yeah i mean, i would want to ask for a notice of special restrictions on this to make sure there is no kitchen put in there and normally i would not want to see a door, but i can understand the access issue, it sounds like project sponsor wants to spend most of his time living in that lower area, even though he can't access it it is still a single family home and should remain that way. >> additionally, if the commission will allow me, the ground floor will also have reviewed and we believe that it meets the ground floor room addition matrix with the stairway connecting both floors without the wet bar or kitchen facilities. >> that i think is important in my opinion but there is also a question about a change between the earlier renderings, and i guess that this little space, it may be a south side and i am not, the same side as where the

entrance is to the living room on the lower, it is marked that it will be a lawn area, i think that there have been some plan to pave that and it has been eliminated. >> originally, along the south side they were proposing to pave it. >> yes. >> completely. but the plan has been changed and stead of paving it, they will plant along that south side spacing area. except that handicap access accessible ramp. >> there is no reason that the rest needs to be paved and i think that dr requestor and the rest of the neighborhood would be appreciative of the green space there. thanks a lot. >> you are welcome, thank you. >> and i also am familiar with this area, i drove out there it is not far from where i live and there is a great change between santa ana and boneto not going in those houses whether you have ocean views

from the rooms on san bonito or not, i can't really say it will be requestable whether they really exist and i have doubts that a two foot change in elevation is going to eliminate the views even though the views are not protected by us. but, it seems that great change may not be enough to allow every single house on san bonito to look over the topps of santa ana to the ocean. and so that would be the first thing, and this is well drafted, and this is one of the neighborhoods that is well maintained and the houses and the houses are maintained and the houses are well maintained and they are single family homes as they should be and so it is important to me that it stays that way. >> commissioner sugaya? >> i just have a quick question

is the project architect here? that is okay. i want to ask you a question after this is over. is there a motion? >> so to staff, or for the nsr, can we, not take dr, but also have an snr or do we have to take dr. >> take dr. i mean that i could say that as a matter of course, the conditions that you place are what the planning code requires any way. with the planning code does not allow for them to have cooking facilities on the ground level, the nsr will be redundant to that effect but the commission desires that you will have to take discretionary review to add that condition. >> commissioner antonini? >> yeah, so i would like to make a motion and to take the dr and at a notice of special restriction to not allow

cooking facilities on the ground floor. but otherwise approve the project. >> second. >> and on that motion and commissioners to take dr adding or requiring that an nsr be recorded, and the cooking facilities of the lower portion of this project. commissioner antonini. >> aye. >> borden. >> alicia winterstein. >> moore. aye. >> wu. >> no. >> that passes five to one with commissioner wu voting against. >> zoning administrator, what say you? >> close the public hearing grant the variance and if you would like a copy of that letter contact the staff planner. commissioners, if there is nothing further on this item, we can move on to public comment and i do have