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Commission approves duplex addition at Garfield Street after debate over unpermitted shed
Summary
The Planning Commission approved a site development plan and coastal permit for additions at 3460/3462 Garfield Street but debated a 120‑square‑foot, apparently unpermitted shed; staff offered options including requiring documentation, relocation, or modification.
The Carlsbad Planning Commission voted July 1 to approve a site development plan and a major coastal development permit for a two‑story addition and driveway widening at 3460 and 3462 Garfield Street, after an extended discussion over an apparently unpermitted 120‑square‑foot accessory shed on the property.
Planner Mackenzie Van Ziverdin described the project as a minor site development plan with a major coastal development permit, noting the property is in a multiple‑family residential zone and the beach area overlay. The proposal includes an addition to Unit 3462, a widened driveway to add one visitor parking space, conversion of existing garages into ADU space processed separately, and a proposed 436‑square‑foot detached storage structure.
Staff recommended approval with conditions and a CEQA exemption under Section 15303(a) for small‑scale new construction. The discussion centered on an existing 120‑square‑foot shed that the city has no permitting record for; staff said the commission could either retain a condition that requires the owner to document lawful establishment or allow the condition to be stricken and have code enforcement address the matter separately.
Mr. Strong, answering commissioners' questions, explained the practical options. "The passage of time does not cure violations," he said, and noted that in some cases the property owner may either provide records of prior permits, modify the structure to comply with setback requirements, relocate it or pursue an associated coastal development permit to legalize or remove the shed. The applicant, Kristen Von Zweck, asked the commission to consider not requiring the shed to be moved if possible: "I would ask if you could consider not having us move a 120 square foot shed if at all possible," she said. After conferring with her client, Von Zweck later said the owner would "move it or demolish it as need be."
Commissioner Merce and others pressed staff on why the condition is recommended and whether granting a waiver would set an undesirable precedent; staff said addressing the shed within this permit can avoid separate enforcement costs or separate coastal permit fees for the owner. Commissioner Burrows moved to approve the staff recommendation; the motion carried with five votes in favor and two commissioners absent.
The resolution approves the site development plan, coastal development permit and the CEQA exemption determination. The commission noted that any final decision can be appealed to City Council within the prescribed period.
