HomeMy WebLinkAboutAMEND 2026-0001; ADAMS HOUSE ADU; Admin Decision LetterApril 20, 2026
Mark Silva
PO Box 310
Ocotillo, CA 92259
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
RE: AMEND 2026-0001 (DEV2022-0107) -ADAMS HOUSE ADU
{city of
Carlsbad
The city has completed a review of the application for a Minor Coastal Development Permit Amendment
to CDP 2022-0050 to raise the finish floor elevation two feet from 85.00 feet to 87 .00 and the maximum
ADU height from 13 feet to 15 feet for a 793-square-foot, one-story, detached accessory dwelling unit
(ADU) located at 4368 Adams Street, Assessor's Parcel Number (APN) 206-180-11-00.
It is the City Planner's determination that the project AMEND 2026-0001 (DEV2022-0107) -ADAMS
HOUSE 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 City Planner, therefore, APPROVES
this request based upon the following:
1. That the proposed development requires no discretionary approvals other than a Minor Coastal
Development Permit Amendment.
2. That the development is in conformity with the public access and public recreation policies of Chapter
3 of the Coastal Act, in that the detached accessory dwelling unit is not located on property adjacent
to a body of water. Therefore, 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, having been developed with a single-family home that has been recently
demolished to prepare for a new single-family residence approved under CDP 2022-0031.
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-1-15,000, One-Family Residential,
which allows for residential development including a single-family-dwelling and accessory dwelling
units (ADUs) up to a maximum height of 16 feet from existing of finished grade, whichever is lower.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
AMEND 2026-0001 (DEV2025-0013) -ADAMS HOUSE ADU
April 20, 2026
Pa e 2
The project proposes raising the finish floor elevation and building height 2 feet from 85.00 feet to
87.00 feet for a previously approved 793-square-foot, one-story, 13-feet-tall, detached ADU. The
one-story ADU with a low-pitched roof is now 15-feet-tall, 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. 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 City Planner 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 City Planner does hereby APPROVE the Minor Coastal Development Permit Amendment, AMEND
2026-0001, for the project entitled ADAMS HOUSE ADU ("A" -"G"), dated April 20, 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 Amendment.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Coastal Development Permit Amendment 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
Commun ity Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
AMEND 2026-0001 (DEV2025-0013) -ADAMS HOUSE ADU
April 20, 2026
Pa e 3
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
attorney's fees incurred by the city arising, directly or indirectly, from (a) City's approval and issuance
of this Minor Coastal Development Permit Amendment, (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. 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 CFO #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 1, 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 City Planner, notifying
all interested parties and successors in interest that the City of Carlsbad has issued a Minor Coastal
Development Permit Amendment 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 City
Planner 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
AMEND 2026-0001 (DEV2025-0013) -ADAMS HOUSE ADU
April 20, 2026
Pa e 4
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions . If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired .
If you have any questions regarding this matter, please feel free to contact Edward Valenzuela at (442)
339-2624 or by email at edward.valenzuela@carlsbadca.gov.
Sincerely,
Eric Lardy
Assistant Director of Community Development
RE:EV:cf
c: Tim Carroll, Project Engineer
Laserfiche/File Copy
Data Entry
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600