Oceanside

Oceanside addition approved by city in violation of height limit pits neighbor vs. neighbor

The house is undergoing construction to add an additional level, but neighbors say that extra story is in violation of the city of Oceanside building code.

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An Oceanside homeowner is building another level to his house that will wipe out most of his neighbor’s view. The city previously approved the modifications but has now issued a stop work order to reevaluate the project. NBC 7’s Kelvin Henry has more on how this is splitting the Oceanside community.

A house on South Clementine Street in Oceanside is creating a buzz in the community, but not for good reason.

The house is undergoing construction to add an additional level, but neighbors say that extra story is in violation of the city of Oceanside building code.

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“According to Zoning Ordinance 1050 S, it reads that this neighborhood is a 27-foot height-limit — two stories or the lesser of the two — so if you start counting over there, that’s number three,” Michelle Donez said.

Donez has lived in the area for 25 years and is frustrated with her ocean view being obstructed and how things are unfolding.

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“We have alerted the city that we are not happy with what is going on, and we do not believe that the zoning ordinance has been applied equally,” Donez said.

NBC 7 did make contact with the owner of the home, but they did not want to speak about the situation.

NBC 7 reached out to Oceanside's city manager's office, which declined an interview but emailed the following statement:

“The city’s Development Services Department approved the issuance of a building permit for 1027 South Clementine in October of last year. After concerns were raised about the ongoing construction, city staff discovered the permit allowed the construction of a remodeled home in violation of the 2-story, 27-foot height limit in this zone. On Wednesday, Jan. 3, staff issued a stop-work order, effectively pausing construction while we further evaluate the height issue and determine a final course of action. In the meantime, the city is instituting changes in the permit review process to ensure this error is not repeated in the future.”

Despite the stop-work order that was issued on Wednesday, some in the community are saddened at how things got to this point.

“I’m frustrated with how this all has turned out,” Danielle Richterkessing said.

As the city mulls its final course of action, neighbors like Donez are optimistic.

“I definitely have faith that the city will get it right this time,” Donez said.

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