HomeMy WebLinkAbout99-49 - Regarding 3007 Samoa PlaceRESOLUTION NO. 99-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, REGARDING 3007 SAMOA
PLACE.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, Tracy A. Stevenson filed plans with the City of Costa Mesa for
alterations to her residence located at 3007 Samoa Place, Costa Mesa; and
WHEREAS, a dispute arose over whether the plans complied with the applicable
City Code development standards, specifically, whether the plans constituted a third
story for the residence in violation of Costa Mesa Municipal Code Section 13-32
which limits residences in R1 zones to two stories; and
WHEREAS, the interpretation and application of this code development
standard was made by the City Zoning Administrator and the Planning Commission,
and finally was appealed to the City Council; and
WHEREAS, the City Council held a public hearing on this matter at which
substantial evidence by way of written material and testimony was offered on this
subject; and
WHEREAS, after considering all the evidence and due deliberation, the City
Council reached its decision which was announced to the public at said meeting; and
WHEREAS, these findings are intended to accompany and support the City
Council's decision;
NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record
and the findings contained in Exhibit "A", the City Council concludes that (1) the two
sets of plans submitted by owner Stevenson to remodel the residence at 3007 Samoa
Place violate an applicable development standard in that the plans call for building a
prohibited third story for the residence in a R1 zoning district, and (2) upholds the
Planning Commission's determination.
PASSED AND ADOPTED this 2' day of August, 1999.
G�
Mayor of the ity of Costa Mesa
ATTEST:
-T—
Deputy City Cl,",of the City of Costa Mesa
41'7
STATE OF CALIFORNIA )
COUNTY OF ORANGE 1 ss
CITY OF COSTA MESA ►
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council
of the City of Costa Mesa, hereby certify that the above and foregoing
Resolution No. 99-49 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof, held on the 2' day of August, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 3' day of August, 1999.
0 -P
Deputy City Jerk and ex -officio Clerk of
the City Cou it of the City of Costa Mesa
1
1
EXHIBIT "A"
FINDINGS
Based upon testimony and other evidence presented at the public hearing, the
following findings are made:
1.
Both sets of plans for the residence contain an area above the second
story having large windows allowing illumination and visual intrusion into
the yards and house interiors of adjoining residences which would
adversely impact the comfort and privacy of neighbors' homes.
2.
Both sets of plans contain an activity area above the second story
consisting of a place where persons can engage in activities beyond mere
storage of furniture and other belongings.
3.
Both sets of plans contain large windows in the area above the second
story having a size and character other than clerestory windows.
4.
Both sets of plans because of the size, shape, placement and bulk of the
structure conflict with the scale and character of the existing residential
neighborhood in close proximity of the subject site.
5.
Both sets of plans contain an area above the second story which consists
of a space between a floor and the ceiling above it.
6.
Both sets of plans because of the factors described above, both
individually and in combination, cause the area above the second story to
constitute a third story.
7.
Failure to interpret and apply the story limitation development standard to
the subject building plans and conclude the plans violate this standard
would be inconsistent with the purposes of the development standards
set forth in section 13-31.
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Exhibit "A"
Resolution No. 99-49
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