HomeMy WebLinkAboutCDP 2025-0013; WAI JUNG ADU; Admin Decision LetterJanuary 30, 2026
Nichol Smith
4393 Mike St.
Jamul, CA 91935-2667
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
RE: CDP 2025-0013 (DEV2025-0030) -Wai Jung ADU
{city of
Carlsbad
The city has completed a review of the application for a Minor Coastal Development Permit for the
development of a 696-square-foot detached manufactured accessory dwelling unit located in the rear
yard of a single-family residential property at 3910 Highland Drive (APN 207-130-57-00).
It is the Assistant Director of Community Development's determination that the project CDP 2025-0013
(DEV2025-0030)-Wai Jung ADU, is consistent with the city's applicable Coastal Development Regulations
(Chapters 21.201 -21.205) and with all other applicable city ordinances and policies. The Assistant
Director of Community Development, therefore, APPROVES this request based upon the following:
1. That the proposed development requires no discretionary approvals other than a Minor Coastal
Development Permit.
2. That the development is in conformity with the public access and public recreation policies of Chapter
3 of the Coastal Act, in that no opportunities for coastal access are available from the subject site,
nor are public recreation areas required of the project.
3. The proposed development will have no adverse effect on coastal resources, in that the detached
accessory dwelling unit is not located on property adjacent to a body of water, and the entire lot is
already disturbed and developed with a single-family home.
4. That the proposed development is in conformance with the Mello II Segment of the Certified Local
Coastal Program and all applicable policies in that the site has a General Plan Land Use designation
of R-4, Residential (0-4 dwelling units per acre) and is zoned R-1-10000, One-Family Residential,
which allows for residential development including a single-family-dwelling and an accessory
dwelling unit (ADU). The project proposes the construction of a 696-square-foot detached
manufactured accessory dwelling unit. The one-story structure with a low pitched roof is consistent
with the surrounding residential development, which consists primarily of one-story and two-story
residential structures. The proposed project will not obstruct views of the coastline as seen from
public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2025-0013 (DEV2025-0030} -Wai Jung ADU
January 30, 2026
Page 2
No agricultural uses currently exist on the site, nor are there any sensitive resources located on the
property. Furthermore, the proposed ADU is not located in an area of known geologic instability or
flood hazards.
5. That the request for a minor coastal development permit was adequately noticed at least ten (10)
working days before the date of this decision pursuant to Section 21.201.080(8) and (C) of the
Carlsbad Coastal Development Regulations.
6. That the Assistant Director of Community Development has determined that the project is exempt
from the requirements of the California Environmental Quality Act (CEQA) per Section 15303 -New
Construction or Conversion of Small Structures -of the State CEQA Guidelines and will not have any
adverse significant impact on the environment.
Conditions:
1. The Assistant Director of Community Development does hereby APPROVE the Minor Coastal
Development Permit, CDP 20025-013, for the project entitled WAI JUNG ADU (Exhibits "A" -"G"),
dated January 30, 2026, on file in the Planning Division and incorporated by this reference, subject to
the conditions herein set forth.
2. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and
maintained over time, if any of such conditions fail to be so implemented and maintained according
to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or
further condition issuance of all future building permits; deny, revoke or further condition all
certificates of occupancy issued under the authority of approvals herein granted; record a notice of
violation on the property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer or a
successor in interest by the city's approval of this Minor Coastal Development Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Coastal Development Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development shall occur
substantially as shown on the approved Exhibits. Any proposed development different from this
approval, shall require an amendment to this approval.
4. The Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
5. If any condition for construction of any public improvements or facilities, or the payment of any fees
in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this
approval shall be suspended as provided in Government Code Section 66020. If any such condition is
determined to be invalid this approval shall be invalid unless the City Council determines that the
project without the condition complies with all requirements of law.
6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless
the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and
against any and all liabilities, losses, damages, demands, claims and costs, including court costs and
Community Deve lopment Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2025-0013 (DEV2025-0030) -Wai Jung ADU
January 30, 2026
Page 3
attorney's fees incurred by the city arising, directly or indirectly, from (a) City's approval and issuance
of this Minor Coastal Development Permit, (b) City's approval or issuance of any permit or action,
whether discretionary or nondiscretionary, in connection with the use contemplated herein, and {c)
Developer/Operator's installation and operation of the facility permitted hereby, including without
limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or
other energy waves or emissions. This obligation survives until all legal proceedings have been
concluded and continues even if the city's approval is not validated.
7. This approval shall become null and void if building permits are not issued for this project within 36
months from the date of project approval.
8. Fees are applicable to the extent allowable by state law for AD Us less than 750 square feet in size.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License
Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special
tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040.
Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 3, pursuant to
Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are
not paid, this approval will not be consistent with the General Plan and shall become void .
9. Prior to the issuance of the building permit, Developer shall submit to the city a Notice of Restriction
to be filed in the office of the County Recorder, subject to the satisfaction of the Assistant Director of
Community Development, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Minor Coastal Development Permit on the property. Said Notice of Restriction
shall note the property description, location of the file containing complete project details and all
conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of
Restriction. The Assistant Director of Community Development has the authority to execute · and
record an amendment to the notice which modifies or terminates said notice upon a showing of good
cause by the Developer or successor in interest.
10. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable city ordinances in effect at time of building permit issuance, except
as otherwise specifically provided herein.
11. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
17.04.060. Prior to submittal for a building permit, Developer shall submit a request for addressing to
the Building Division.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600