The Oceanside City Council voted Jan. 22 to grant an appeal and overturn a planning commission denial of a regular coastal permit and variance for an unpermitted balcony at 1842 South Pacific Street.

Lede: By a 4-0-1 vote the council directed staff to prepare findings and a resolution to allow a 326-square-foot, 13-foot-high wood balcony constructed without prior coastal or building permits. Planning staff had recommended upholding the planning commission denial based on lot-coverage limits under current R1 zoning and the site's location within the coastal appeal jurisdiction.

Why it matters: The decision reverses a planning commission ruling and authorizes a variance that planning staff had found inconsistent with zoning-based findings; staff must now draft written findings to support the council's decision and process the coastal permit.

Background and staff position
- Site and code: The property is a 6,000-square-foot lot in South Oceanside developed with three units original to 1951. The site sits within an area rezoned from R3 to R1 in 1958 and is located in the coastal appeal jurisdiction. Under current R1 standards the maximum lot coverage is 40%; the owner's calculations with the new balcony showed lot coverage above that threshold.
- Enforcement history: The owner obtained a remodeling permit in late 2022 but code enforcement issued stop-work notices in 2023 after construction exceeded the permitted scope and the balcony was found to have been built without a valid permit. The owner applied for a regular coastal permit and a variance in August 2023.
- Staff recommendation: Planning staff recommended upholding the Planning Commission's April 22, 2024 denial on multiple grounds including that the variance did not meet required findings, that the site does not present the physical hardships required for a variance and that the unit does not provide a public benefit given private ownership.

Public comment and council action
- Applicant and supporters: Property owners Jamie and Shane Garst and numerous supporters told the council the balcony provides private outdoor space and shade for tenants and that similar decks exist nearby; supporters described the property's use for hosting family, short-term housing for health-care workers and community events.
- Opponents: Neighbors and other residents spoke against undoing the lot-coverage rule, citing precedent, potential enforcement issues and questions about short-term rental use. Several speakers raised concerns about equity and consistency in applying the zoning code.
- Council vote: Mayor Esther Sanchez moved to grant the appeal and overturn the planning commission; the motion passed 4-0-1 (Councilmember Weiss recorded as not voting). The council instructed staff to prepare a resolution with findings consistent with the council's decision.

Nut graf: Councilmembers weighed competing considerationsthe building's unpermitted status and the planning staff's technical analysis vs. neighborhood precedents and the owners'arguments about private outdoor spaceand concluded that a variance and coastal permit should be approved subject to formal findings. Staff will prepare the necessary documents to implement the decision.

Next steps: Planning staff will draft and return with a resolution and supporting findings to memorialize the council action and to initiate the permit finalization and inspection process. The council noted that permitting inspections will still be required to ensure any structural work meets building and safety codes.

Speakers relevant to this article: Jamie Garst (property owner/appellant); Shane Garst (property owner); Rob Demchowski (principal planner); multiple neighbors and community supporters and opponents recorded in the transcript.

Authorities cited: Local zoning ordinance (Article 35, lot-coverage provisions) and the local coastal permit/appeal jurisdiction were central to staff analysis; the council required written findings to reconcile the variance with the local coastal program.