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Home My WebLink AboutMtl's rec'd after PC packet distributionMaterial(s) received after the Planning Commission packets were distributed, or received at the meeting. These material(s) were distributed to staff, Commissioners and made available to the public. Mark & Kristine Simon FILE COPY 2420 First Avenue, Corona del. Mar., CA 92625 April 1, 2008 QtAN"RECENED BY pEP,4RTMENt All City Council Members AUG 212008 All Planning Commissioners City of Newport Beach CITY NEWPORT BEACH 3300 Newport Blvd. �+ + ►1 OF NE Newport Beach, CA 92663 RE: Application for Variance VA2007 -001 and Modification MD2007 -080 Dear Planning Commissioners and Council People, We adamantly oppose the application for Variance VA2007 -001 and Modification MD2007 -080 to allow the construction of a non conforming structure on the lot at 2333 Pacific Avenue at the end of Begonia and Pacific Avenues adjoining Begonia Park in Corona del Mar. As you can see from the attached City documents, a similar Variance #1066 was denied by the Planning Commission and again on appeal by the City Council in 1978. Please stick to the precedent already set by the Planning Commission and City Council 30 years ago. Please deny any application for variance that would eliminate Public View from this precious common area for the people, Begonia Park. Thanks, & xau4rz -w soma t V(949) 872- 8322 F(949) 675 - 2156 www.MarkMmonxom COUNCILMEN MINUTES ROLL CALL` NO C ZaI� June 12, 1978 INDEX Motion Ayes x I I x x x x x x x 5. Mayor Ryckoff opened the public hearing regarding the Preliminary Budget as prepared by the City er for the fiscal year 1978 -79, pursuant to Sectio 02 of the Newport Beach City Chatter. A report was posse from the City Manager regarding the 1978 -79 Bu Check List. A report from the Friends of OASIS w resented regarding the May 12, 1978 packet addenda. A letter from N. H. Rousselot was presented opposing any reduction in paramedic personnel. The hearing was continued to Friday, .tune 16 at 6:30 p.m. Budget 1978 -79 (2934) 6. Mayor Ryckoff opened the continued publie hearing Griswold on the appeal of Mr. and Mss. Donald G. Griswold Appeal from the decision of the Flaming Coamdesion (2924) denying Variance No. 1066, a request to permit i construction of a single - family dwelling that exceeds the height limit In the 24/28 Toot Height . Limitation District, with encroachment into required front yard setback on property at 2333 Pacific Drive, on the sout:horly side of Pacific Drive, adjacent to Begonia Park in Corona del Mar, zoned R -1. A report was presented from the Community Develop- ment Department. Gordon Glass, architect ropresenting Mr. and Mrs. Griswold, stated that the appellants were willing to continue the hearing. Motion I x The hearing was continued to June 26. Ayes x x x x x x x ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1766, being, - AN ORDINANCE OF THE CITY OF NEWPORT BEACH Harbor _ AMENDING SECTION 17.41.040 'OF THE NEWPORT Regs BEACH MUNICIPAL CODE RELATING TO PEES FOR 0 -1766 PERMITS FOR COMMERCIAL ACTIVITIES ON THE (386) WATERS OF NEWPORT HAREOA, was prey for second reading. Motion xI Ordinance No. 176 s adopted. Ayes x x x x�x x x 2. Ordinance Me. 1767, being. - Res Bldg Records I i AN ORDINANCE OF THE t :I'-,Y OF NEWPOR CH AMENDING SECTION 15.35.040 OF THE NEWP 0 -1767 (819) i Volume 32 -- ?age 130 .JLL June 26, 1978 Item 91 on the Proposition 13 reduction list for the General Services Department was considered, Mon x and Councilman McInnis made a motion to restore twice- a-week trash collection and the Saturday business collection ($347,983). Motion x Councilman Hart made a substitute motion to Ayes Noes x x restore twice -a -week trash pick -up in the beach x x x areas - West Newport to the peninsula and Balboa Absent x Island, which motion failed. Ayes x x x A vote was taken on Councilman McInnis' motion, Noes x x x fch motion failed. Absent x Motion x Mayor koff made a motion to approve the appropria n of $161,102 to be held in reserve - to provide self - insured retention of $500,000, - insuring the against public liability up to $5,000,000. .Potion x Councilman Heather me a substitute motion to .Ayes x x x appropriate an additions $20,000 for a liability Noes x x x insurance package up to $1 00,000, which Absent x motion failed. Ayes x x x x x x p vote was taken on Mayor Ryckoff main motion, Absent x which motion carried. Motion x Item 39 on the Proposition 13 reduction 1 for X x x x the Police Department School Crossing Guards x x ($12,000), was restored. Absent x Motion x Resolution No. 9381, extending the terms and R- 81 Ayes x x x x x conditions of the Compensation Plan and Table of Noes x Authorization of Permanent Employee Classes for Absent x Fiscal Year 1977 -78 an amended, was adopted. - Motion Ayes x x x x Resolution No. 9382, adopting the Budget for the 1 -9382 x x 1978 -79 Fiscal Year, was adopted. Noes x Absent x - - 6. Mayor Ryckoff opened the continued public hearing Griswold on the appeal of Pit. and 11rs. Donald G. Griswold Appeal from the decision of the Planning Commisgion (2924) denying Variance No. 1066,a request to permit . construction of a single - family dwelling that exceeds the height limit in the 24/28 Foot Height Limitation District, with encroachment into required -front yard 'setback on property at 2333 Pacific Drive, on the southerly side of - Pacific Drive, adjacent to Begonie Park in Corona del Mar, zoned. R -1. A report was presented from the Community • Development Department. volume 32 - Page 153 'ILL CALL d'�9 �Z,s June 26, 197E ...... -. -Ia1 nFr Gordon Glass, architect representing Mr. and - Mrs. Griswold, addressed the Council and stated - they would like to have an opportunity to reassess • their plane since the Council decided not to purchase their property, and asked the Council to deny the appeal without prejudice so they can go back to the Planning Commission and start - over. Motion x - The hearing was closed after it was determined Ayes x x x x x x that no one also desired to be heard.. Absent x Motion x The appeal of Mr. and Mrs. Donald G. Griswold Ayes x x x x x x from the decision of the Planning Commission Absent x denying Variance No. 1066 was denied without prejudice. Motion x Councilman Heather made a motion to waive the Ayes x x x second Piling fee for the Griswold's, which Noes x- x x motion failed. Absent x 7. Mayor Ryckoff opened the public hearing in Weed connection with the Spring, 1978 Weed.Abatement Abatement Program in compliance with Resolution No. 9327. (150F) A report was presented from the Fire Department. Susie Picker addressed the Council regarding the • weed problem on the peninsula. Inspector Haskell of the Fire Department gave a brief staff report. Motion x The hearing was closed after it was determined - - .Ayes x x x x x x that no one else desired to be heard. Absent x Resol on No. 9383, confirming the report of R -9383 the Pire ief concerning the cost of the abatement o wesda and other nuisances and requesting the uditor- Controller of Orange Notion x County to enter amount of each assessment Ayes x x x x x x referred to 1n eai eport on the County tax Absent x rolls, was - adopted. ORDINANCES FOR SECOND READING ADOPTION: 1. Ordinance No. 1770, being, AN ORDINANCE OF THE CITY. OF HEWP EEACH Hotel - ADDING CHAPTER 10.45 ENTITLED "HOT Loitering LOITERING" TO TITLE 10 OF THE NEWPORT CH 0 -1770 MUNICIPAL CODE, (2983) - .. was presented for second reading. loon x Ordinance No. 1770 was adopted. Ayes x x x x x x Abeam x - Volume. 32 - Page 154. Varin, Ginger From: Lepo, David Sent: Monday, August 18, 2008 7:42 AM : 'Jackie' Cc FILE COPY Cc: Alford, Patrick; Varin, Ginger Subject: RE: NO to building on BEGONIA VIEW PARK Ms. Peters Thank you for taking the time to comment on the proposed project. Your e-mail will be distributed to the Planning Commission for their considerationi at Thursday's public hearing. David Lepo, Director Planning Department City of Newport Beach (949) 644 -3228 w (949) 644 -3229 f - - - -- Original Message---- - From: Jackie [mailto:jackie @theworkofart.com] Sent: Thursday, August 14, 2008 10:34 AM To: Lepo, David Cc: Varin, Ginger Subject: NO to building on BEGONIA VIEW PARK hello David, I'm writing to voice my *strong objection to building on the Begonia View Park* (2333 Pacific Drive.) I own the home on 700 Begonia and my friends, family and I enjoy Begonia View Park on a daily basis. *To eliminate this breathtaking view from public access would be like removing a jewel from Corona del Mar (CROWN OF THE SEA)* It has been Begonia View Park for decades and absolutely should remain so. Please make it an official public park and vote against building on this site. Thank you for protecting Corona del Mar's beauty for all to enjoy. Sincerely, Jacqueline Peters 700 Begonia Ave Corona del Mar 949 -675 -1339 aojos -- Page 1 of 1 From: Mark D. Simon [markdsimon @roadrunner.com] FILE COP Y Sent: Monday, August 18, 2008 5:57 PM To: Alford, Patrick Subject: FW: Application for Variance VA2007 -001 and Modification MD2007 -080 From: Mark D. Simon [ mailto :markdsimon @roadrunner.com] Sent: Sunday, August 17, 2008 9:57 AM To: 'Megonigal @kimco.com' Cc: 'gardnemcy @aol.com'; 'dkiff @ city.newport- beach.ca.us'; 'mhenn527 @hotmail.com'; 'dwebb@city.newport- beach.ca.us'; 'edselich @adelphia.net'; 'curryk @pfm.com; 'parandigm @aol.com'; 1esliejdaigle @aol.com'; 'rhawkins @earthlink.net; 'scott.peotter @taxfighter.com; 'jeff.cole @cushwake.com'; 'eaton727 @earthlink net'; 'strataland @earthlink.net'; 'r.bumin @ city.newport- beach.ca.us'; 'g.varin @city.newport- beach.ca.us'; 'bhillgren @cox.nef Subject: Application for Variance VA2007 -001 and Modification MD2007 -080 Dear Mr. & Mrs. Megonigal, Please reconsider your application at 2333 Pacific. It is not what your neighbors and the majority of citizens of Corona del Mar want. We want our Public View!! Sometimes the benefit of the many out weighs that of the few. Think about what you are doing to your community! It is not the right thing to build on that lot. Donate it to the City and take the tax right off. Ask the City to buy it! Even if you build the home and sell it, the community will still be scared forever. As homeowners on Waterfront surely you can appreciate the importance of the view from Begonia Avenue and Begonia Park. Surely you were aware that the Griswold's were denied the right to build at the same location in 1982. The people are willing to fight your application all the way to the City Council; and that is our intention. It is not a personal issue. We just want our Public View! Sincerely, 71la"k & ZiVdaw scatm file: //F: \Users \PLN\Shared \PA's \PAs - 2007\PA2007- 133 \Comments \FW Application for... 08/20/2008 0 -4� PC fr4ao(ov 23 %Q 1f4 6 el r Q W Q �owsea �� 92625 -28 g August 19,2008 �Z Planning Commission, City of Newport Beach Barry Eaton, Secretary a 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Gentlemens FILE COPY m 0 N Q REs Magonical Residence Permit No. 2007 -080 (PA 2007 -133) i m Z U I have lived at the above address since 1975. A request was made to the City of Newport Beach in the Spring of 1979 by our fellow neighbor Donald Griswaldrto develops his property at 2333 Pacific Drive. Mr. Griswold was told the lot was NOT buildable. On their evening walks my husband urged Don Griswold to donate his small lot to Begonia Park. Unfortunately, this did not occur before Don died. I agree that 2333 Pacific Drive is NOT buildable with these additional comments pertaining to Permit No. 2007 -080, Magonical Residence. 1) Do NUT allow curb cutting for 2 driveways. 2) Do NOT allo0 the requested height variance exceeding the 24 ft. height limit. 3) Do NOT allow frontage set -back of only 5 ft. when the remainder of Pacific Drive adheres to a 15 ft. set -back. The Negonocal residence does not blend into the exist- ing Pacific Drive homes. The 3 story box -like structure would stick out like a sore thumb. Please consider the above comments in making your decision on the Megonical residence and how it would inpact the Pacific Drive- Begonia landscape. ��a ,X,e, e . s59- � �. 6+-J + PC s lactorr Mark & Kristine Simon FILE COPY 2420 First Avenue, Corona del Mar, CA 92625 August 21, 2008 HOV39 MONN 0 ula All City Council Members 880Z 9 ti Orly All Planning Commissioners City of Newport Beach M3VUWd3a ONINNVId 3300 Newport Blvd. A9 0 330 Newport Beach, CA 92663 RE: Application for Variance VA2007 -001 and Modification MD2007 -080 Dear Planning Commissioners and Council People, We adamantly oppose the application for Variance VA2007 -001 and Modification MD2007 -080 at 2333 Pacific Avenue at the end of Begonia and Pacific Avenues adjoining Begonia Park in Corona del Mar. As avid users of Begonia Park we would like to voice our opposition to the granting of any variances for set back, height limitations, or to the General Plan for the applicants that would allow construction of a structure that would block any portion of the Public View from the Park, and from Begonia Avenue where many citizens come and park their cars and enjoy the view. (Please see attached Photographs from the Slope of the Park where the view is blocked 100% by the Pink Poles, to First and Carnation at 75 %, the two Park benches at 50% and 38 %, the Center of the Park at 30 %, First and Begonia 30 %, and from Begonia Avenue at 40 %.) We also oppose construction at this site as it would be an extreme and immediate danger to the children in playing in the Park below. A portion of the Park would have to be closed during construction. And, the slope is such that it might undermine the entire roadway. This Park is too important a resource for the residents of the flower streets south of PCH and it is irreplaceable. Please stick to the General Plan rules forbidding new structures from blocking important Public Views. Please deny any application for variance that would eliminate a portion the Public View from this precious common area for the people. Thanks, r- CAr "A t lbfs � qnc� �cwc�+ ert � �'�:,� _ �, .r .s .� ��* � • V .i c 1 , V V L- Fl (--7) Gi From: oro406- nbpc@yahoo.com FILE COPY Sent: Thursday, August 21, 2008 2:46 PM To: Varin, Ginger Subject: Begonia Park Development and View Our wonderful Begonia Park is a treasured asset for our community. The view from the park is an intrinsic part of what makes it so special and must be preserved for the community to continue to enjoy. I understand that "The view from the top of Begonia Park is designated as a public view in the new General Plan and as such protected." That is good news because it means the city has an obligation to protect the view. Most of the view would be obliterated by the proposed development. The only way to protect the Park's integrity is to stop development. The city apparently stood by for decades, knowing the threat this lot represented to the park. There must have been opportunities to acquire it, as the owners didn't see fit to move forward with development until now. However, the city shouldn't let past failures stand. You have both an obligation and a right to protect the interests of the community. Please stop this development, and begin the process to acquire this lot. (I am a homeowner and resident of Corona del Mar.) Thank you. RECEIVED BY PLANNING DEPARTMENT 21 August 2008 FILE COPY AU6 21 2008 City of Newport Beach Attn: Planning Commission CITY OF NEWPORT BEACH Subject: Proposed Single Family Residence at 2333 Pacific Drive This is the WRONG BUILDING in the WRONG PLACE. I respectively request the Planning Commission categorically deny any and all requests for variances from the established Building Codes I believe that there are significant reasons to deny the applicant requests for variances to the building code that would allow them to build the subject residence. The building violates the policies of the General Plan and CLUP in the protection of the view corridors down Begonia Avenue and the policy that prevents changes in scale, building form and architectural style not in character with the neighborhood. We have lived on Begonia Avenue for over thirty years and have enjoyed the view of the ocean that is available from our front yard and when my wife and I walk to the view point to enjoy the view. This will disappear if and when this building is allowed. The cubist architecture of the building is completely out of character with homes in the neighborhood. The proposed project plans that were included as Exhibit No. 4 with the Planning Commission Report of the April 3 2008 meeting on this house have several inconsistences that enhances depiction of the house and deceives the viewer. The required fireplace flue that would extend above the roof line is not shown in the elevation view. In the plan view of the third floor the area in front of the house includes a completely surfaced parking area that extends over the sidewalk and parkway all the way to the street. When reduced to the proper size is this intended to be a parking area for cars not in the garage? The garage door will be approximately six (6) feet from the sidewalk. The required curb cut is not shown. Where will rain water coming down Begonia Avenue go when it gets to the curb cut and driveway? Where are the external utilities such as the air conditioner compressor and water softener? Where is the access to these types of equipment? The stairwell is built out to the property line beyond the ridiculous minimum five (5) foot setback. Where else in Newport Beach has a building been allowed to be built to the property line? The entire front of the house is shown as extending some two feet into the required five foot setback. The setback for the house next door is mostly 17 feet. Res ivel) Richard and 504 Begonia Corona Del mar, California Page 1 of 2 FILE COPY Alford, Patrick From: KELLY NEFF [kellita@mac.com] Sent: Thursday, August 21, 2008 12:05 PM To: eaton727 @earthlink.net; rhawkins @earthlink.net; bhillgren@highrhodes.00m; scott.peotterc@taAghter.com; strataland@earthlink.net; cwunsworth @roadrunner.com Cc: Gardner, Nancy; Selich, Edward Subject: Save Begonia Lookout Point - Meeting 8/21 Every day, in every town in America, municipalities acquire land in order to preserve open space. No protections are more obvious and necessary as right now, for the Begonia Park Lookout Point. Even the poorest towns know the importance of parks and do all they can to create them. But we are not asking for a new park, we are just asking the City to step in and help us not lose a spot on the park that has always been in public use. This spot has been a Lookout Point for all to visit, has been designated as such on maps, has been photographed in publications of Newport Beach, and is, quite frankly, totally irreplaceable. Even years ago, before the latest General Plan and quality of life initiatives, the City of Newport Beach had the foresight to prevent construction on this site by continuously denying all variances and modification requests to develop this site. Furthermore, the City decided to acquire the site and was close to consummating a transaction with the owner. Unfortunately, the owner passed away and as part of his estate the property was sold. In any event, the City's policy has always been to retain this Lookout Point as part of the park. Now more than ever with public view protections in the General Plan, the City of Newport Beach should maintain this policy. It is clear that proposed construction on this particular site, 2333 Pacific Drive, is totally contrary to public view protection, neighborhood compatibility, landform protection, and preservation of the view corridor. Other than the lookout point on Ocean Drive, this is the most visited Lookout Point in the entire area. And while the Ocean Drive lookout point is frequented mostly by tourists, the Lookout Point of Begonia Park is mostly frequented by local taxpaying constituents of Newport Beach. It is our responsibility, right here, right now, not to be the ones who lost the Begonia Park Lookout Point. The old timers will tell you that this was never supposed to be a buildable lot, it just slipped through the cracks when Pacific was subdivided. Since the owners always allowed the space to 08/21/2008 Page 2 of 2 be used as part of the connecting park, with a park bench on it just like the rest of the park, as well as steps from this spot to the lower park, there was no need for the City to formally take it over for many years. However, now the need is here, and if the owner's plans are approved it will be too late for the City and the community to do anything, and we will all be partly responsible for allowing this beautiful landmark to be destroyed. This unique and irreplaceable Ocean Lookout Point is a prized and well - publicized landmark of Corona del Mar, which has always been used by the entire community for view- gazing as part of the park. Obviously, construction that obscures this space would completely violate a General Plan which values public view protections particularly on "Ocean Facing" Streets. Any narrow interpretation of the General Plan that fails to preserve this Lookout Point as part of the park misses the spirit and intent of the latest General Plan and is therefore incorrect. There is no way that building on the ocean view Lookout Point can be consistent with the General Plan policies promoting public view protection, neighborhood compatibility and land form protection. Obliterating the Lookout Point is the antithesis of what the General Plan aims to preserve. We must consider the impact that approving these plans will have upon hundreds of local residents who have enjoyed and utilized this space for years, even generations. Since the last meeting in April over 200 additional local residents have signed various petitions urging the Planning Commission and City Council to protect this public view landmark, bringing the total to nearly 400. We urge the Planning Commission to deny the modification request and we encourage CDM Council Representatives to advocate for the rights and beliefs of hundreds of their constituents and recommend that the City make a proposal to the owner/builder to acquire the site so that it can be permanently incorporated into the park. Thank you very much for your time. Sincerely, Kelly Neff, 401 Begonia Ave. 08/21/2008 Pagel of 3 FILE COPY Alford, Patrick From: jcbkd @aol.com Sent: Thursday, August 21, 2008 12:27 PM To: eaton727 @earthlink.net; rhawkins @earthlink.net; bhillgren @highrhodes.com; scott.peotter @taxfighter.com; strataland @earthlink.net; cwunsworth @roadrunner.com Subject: Public Notice PA 2007 -133 Ladies and Gentlemen Regarding Public Notice PA2007 -133 Modification Permit No. 2007 -080, please incorporate this letter into the public record regarding this review. We would like to urge the planning department not to grant the modification permit due to the disproportionately harmful consequences to the community, the other property owners, and the City of Newport Beach, both in the present and future generations. Moreover, any construction on 2333 Pacific, the Lookout Point of Begonia Park, which has always been used by the entire community for view gazing as part of the park, is a well publicized landmark of Corona del Mar, and is completely unique and irreplaceable, would not be consistent with the General Plan which values public view protection and neighborhood compatibility. Any narrow interpretation of the General Plan which fails to preserve the Lookout Point as part of the park misses the spirit and intent of the latest General Plan and is therefore wrong. It was the intent of the City of Newport Beach as much as 30 years ago to acquire this site if construction were to be contemplated on it. Now more than ever, the City should maintain this policy. Hopefully, the Planning Commission will table the discussion of the merit of the plans, and ask the City to make a proposal to the owner /builder to acquire the site so that it can be permanently incorporated into the park. This particular site requesting modifications is located at the edge of Begonia Park and appears to be part of the park identified on many different maps as "a lookout point". Because it also has had a park bench on it for over 30 years, identical to all the other park benches along Begonia Park, it was always used by the public as part of the park, and everyone always assumed it was an integral part of Begonia Park to be enjoyed by the public. We are not just talking about any site. We are talking about a tiny piece of land which to the community has always been one of the best features of Begonia Park, the jewel in the crown of the sea, the jewel of Corona del Mar. For more than 30 years this exact spot, and the city bench on it served as the lookout point for Begonia Park. As The Lookout Point it was featured in countless photographs of Corona del Mar, including the widely marketed book - -"Newport Beach: Images of America ". This is our last chance to save this lookout point from being gone forever. For years, in response to countless modification requests for this lot, the City has denied such requests under the thinking t hat while the owner has the right to build, the City is not required to help the builder at the expense of everyone else. The owner may have the right to build, and he can and may build without any modifications. However, hopefully, without being granted the modification permit he would be more inclined to do the right thing, and negotiate with the City, the residents, and the community, to resolve the situation. He could trade it for another piece of property owned by the City, as was almost done with the previous owner before he died and his estate sold the lot, or he could sell the property for preservation. Nowadays, this type of open space is rare and worth preserving above all. Its value for the many for eternity far exceeds its value to one person. This latest request for modification in the setback area is not justified under any scenario. Encroaching on the setback area will further impair the feeling of openness and space on Pacific and as a result, will not only block the view down the Begonia street corridor and at the Lookout Point but will aggravate the problem by blocking off the area right by the sidewalk. In addition, the proposed encroachment also poses serious safety issues due to reducing the visibility and accessibility in an already dangerous blind curve. We are also opposed to the tall "water feature" being proposed in the setback area which is bound to be noisy and splash water and possibly cause slipperiness and harm passers by. The point is, considering the fact that the contemplated construction on the Lookout Point is bound to harm the community, the builder should not be allowed to receive any concessions from the city, and not be allowed to exceed any height limits, both on his property, and especially on the front yard setback area which does not belong to him. Any type of height modification has never been an option considered 08/21/2008 Page 2 of 3 to have any remote justification on this site because it is clearly not a necessity for the development of the site. It would only grant the developer special privileges and advantages over his neighbors, while disadvantaging residents and the general public. This is not equitable or in the spiriUintent of the variance /modification process. Moreover, the City is under no obligation to make any exceptions or special concessions to allow this bu ilder to build anything higher or bigger than he is allowed to build with no special approvals. The current owner surely knew the obvious physical constraints of the site when he chose to acquire it. Because variances and modification requests have been repeatedly denied by the City in respect to this site, and it was virtually a certainty based on all precedence that none would be granted in the future, the site has always sold at a discounted price reflecting its limitations. Because of this, no hardships are caused when the variances and the modifications are denied. This preexisting condition has always been reflected in the sales price when the property is sold. The current owner /builder is free to build within the current regulations, and his property rights are not being violated. As a neighbor to the site in question for over 25 years, I was surprised to hear that although the City has repeatedly rejected all variance and modification requests for the site at 2333 Pacific Drive, the current owner is now asking the City to permit walls that exceed the 3 -foot height limit in the front yard setback. All the same reasons for the previous denials still exist and undoubtedly always will. It is against all the rules, and not consistent with the general Plan. Open space=2 Oand views are now dearer and more precious than ever, and the preservation of the environment and quality of life has become even more of a priority. It is therefore unthinkable that the City will be more likely to allow variances or modifications at this time as compared with the past. Most of the residents and the public are of this opinion. They are sure any requests for exceptions will be denied. However, everyone is weary. They are tired of always being on guard in relation to this lookout point that controls the views and affects their quality of life. Unfortunately the community goes through this ordeal every ten years or so. Each time, during the process, a terrible cloud of anxiety and helplessness engulfs the entire community for once again having to get up in arms to protect the crown jewel of Corona del Mar, the Begonia View Park. The emotional and economical costs of each of these repeated variance application processes are high, for the public as well as for the City. Having already repeatedly denied all variance and modification requests on this site, wouldn't it be wise for the City to deny any exceptions on this site on a permanent basis as disproportionately harmful to the entire community, and thus save all the pain and suffering as well as the expense in time and money of this situation? When the current owner acquired the property, he could not have truly expected to gain variances or modifications of any kind based on history=2 Oand precedence. There was widespread knowledge of the denied variances, modification requests and denied plans and consequently the owner paid such a heavily discounted price. He should still be given the opportunity to build within the current constraints as long as his plans are in total conformance and architecturally compatible, or, hopefully, he might consider selling or trading the site to the City and the residents to save as part of the park where it belongs, for future generations to enjoy, respect and appreciate. After all these years, the park bench has just been recently removed from the site, but everyday many still visit the spot to relax and enjoy the view. They are all desperate to do anything possible to save their favorite jewel. In reference to your question regarding compliance with the General Plan, we feel that the proposed new construction is not in compliance with the provisions which protect public view, neighborhood compatibility and land form protection. Construction will block the view along the Begonia street corridor, and also from Begonia Park. Most importantly, being connected to Begonia Park, this property itself has always been used as a park, with a park bench on it, was considered part of the park, and served as the Lookout Point of the20park, so obviously any new development on this small piece of land will not be in compliance with General Plan policies related to any of the above parameters. Keeping this property as open space is clearly compliant with the policies of the General Plan. The City felt this way even years ago when Corona del Mar was much less developed. Even over 20 years ago, before the new and strict General Plan, the City discouraged construction on this property and negotiated to buy it. At the time, one of the previous owners of the subject property attempted to gain variances and modifications from the city. Upon review, the City in its wisdom denied all such requests and offered to acquire the subject property to make it a permanent part of the park to the benefit of all the current residents and future generations, as open space for the City. Unfortunately, before the City could consummate the transaction with the owner to acquire the property, the owner passed away and his heirs sold it. Just like the original owner who had acquired the property from the City for very little because of its shortcomings, when his heirs sold the property, the buyer paid a small fraction of the surrounding property values because of its history and the certainly that variances and modifications would not be granted as indicated by precedence. For example, the last publicly recorded sale of this property took place in 1997 when it sold for $300,000 which was clearly significantly less than the market price at the time for a buildable lot with ocean view on Pacific Drive. Although it is before my time, I understand that a similar project was also proposed in the 1960's and was denied by the City. Maybe some of the longer term residents of Corona Del Mar can recall this. 08/21/2008 Page 3 of 3 In order to adhere to its latest General Plan which promotes public views and neighborhood compatibility the City needs to make every effort possible to prevent construction on the Begonia Park Lookout Point. In line with its longstanding policy regarding this site, the City should not grant any variances or modifications and consummate negotiations with the owner /builder to either trade or purchase this lot so it can forever stay in the public domain and continue permanently to be used as it has always been, a part of Begonia Park, and the Lookout Point for the entire neighborhood. Thank you for your time and consideration. Sincerely, James Neff Get the MapQuest Toolbar. Directions, Traffic, Gas Prices & More! 08/21/2008 PA2007 -133 COASTAL BLUFF UVAh IAL BLUFF SCRUB VEGETATION: ESHA PA2007 -133 VIEW FROM BEGONIA PARK 51 URY POLES SHOW LOSS OF VIEW 164 k AOg wo AM �411 11,000— Vol I 10� r Wit - 'itim too Or 9