Bird Rock ADU Approval: Hearing Officer Greenlights Coastal Development Despite Short-Term Rental Opposition (January 2025)

When homeowners consider expanding their coastal property or adding an accessory dwelling unit near the bluffs of Bird Rock, they face a complex approval process that involves navigating community concerns, environmental regulations, and jurisdictional boundaries. A recent decision by San Diego Hearing Officer Duke Fernandez offers crucial insights into how development applications are evaluated—and what factors officials can and cannot consider when ruling on coastal construction projects.

On January 15, 2025, Fernandez approved a residential development at 5381 Calumet Avenue in Bird Rock that will demolish an existing 1,841-square-foot home and replace it with a substantially larger two-story residence measuring 3,700 square feet, along with a detached two-story accessory dwelling unit of 798 square feet and an attached 497-square-foot garage. The project site sits less than a block from a coastal bluff, triggering additional scrutiny from neighbors and community planning groups.

Despite significant community opposition regarding potential short-term rental use, parking impacts, vegetation removal, and neighborhood character concerns, the hearing officer determined the project complies with all applicable building height, density, setback, and floor area ratio regulations. The decision highlights an important distinction in San Diego's development approval process: hearing officers evaluate compliance with existing regulations, not potential future use or community preferences.

Project Details: Tripling the Size of a Bird Rock Coastal Home

The approved development represents a significant transformation of the 5381 Calumet Avenue property, located in one of Bird Rock's most desirable coastal blocks. The existing single-story house, built decades ago when coastal setback requirements were less stringent, will be completely demolished to make way for a modern two-story residence with an attached garage and separate ADU.

According to San Diego Union-Tribune reporting, the project specifications include a 3,700-square-foot main residence with two stories, a 798-square-foot detached accessory dwelling unit also constructed as a two-story structure, and a 497-square-foot attached garage. The total new development footprint measures approximately 4,995 square feet—more than 2.7 times the size of the existing structure.

The property's proximity to the coastal bluff—less than one block away—places it within the Coastal Overlay Zone, which requires additional review for environmental impacts and coastal resource protection. Bird Rock's coastal location means properties here must navigate not only standard municipal building codes but also California Coastal Commission regulations designed to protect bluff integrity, public coastal access, and marine resources.

According to Install-It-Direct's 2025 coastal development guide, the standard bluff setback includes a 40-foot minimum setback plus an additional 75-year erosion/factor of safety distance. When a new structure is built near a bluff, it must have a Factor of Safety of 1.5, meaning it is deemed safe for 75 years and that the structure will not damage the site. Some older houses in Bird Rock were approved to have a setback of just 15 feet from the bluff, which would never happen today under current regulations.

Understanding Hearing Officer Jurisdiction: What Duke Fernandez Could (and Couldn't) Consider

One of the most instructive aspects of the 5381 Calumet Avenue approval is what it reveals about the scope and limitations of hearing officer authority in San Diego's development approval process. Hearing officers serve as independent decision-makers who evaluate discretionary land use applications, including Coastal Development Permits, variances, and conditional use permits.

According to the City of San Diego's Development Services Department, the hearing officer presides over public hearings and acts on discretionary land use items such as permits, maps, variances and other matters in accordance with the Land Development Code. Crucially, hearing officers evaluate whether projects comply with existing regulations—not whether the projects align with community preferences or potential future uses.

In the Bird Rock case, Hearing Officer Fernandez addressed community concerns directly but explained the boundaries of his jurisdiction. When residents raised fears about the property being used as a short-term rental, Fernandez stated: "If they have a permit and comply with that permit, they are good. There is nothing I can do about a potential concern about how it may be used." Similarly, when neighbors expressed concerns about view obstruction, he noted: "If they block your view, there is nothing we can do about it."

This distinction is critical for property owners planning coastal developments in Bird Rock, Pacific Beach, La Jolla, and Mission Beach. Hearing officers evaluate compliance with objective standards such as:

• Building height limits: Typically 30 feet in residential zones, with specific coastal overlay restrictions
• Density requirements: Maximum dwelling units permitted per lot based on zoning designation
• Setback regulations: Minimum distances from property lines, coastal bluffs, and adjacent structures
• Floor Area Ratio (FAR): Maximum building square footage relative to lot size
• Parking requirements: Off-street parking spaces required based on unit count and location
• Environmental compliance: Protection of coastal resources, archaeological sites, and sensitive habitats

What hearing officers generally cannot consider are subjective concerns like neighborhood aesthetics (unless specific design guidelines are codified), potential future uses that would require separate permits, or community opposition unrelated to specific code violations. This framework means that projects complying with all regulations can be approved even when they face significant community resistance.

The Short-Term Rental Controversy: Legal Boundaries and Enforcement Challenges

Perhaps the most contentious aspect of the 5381 Calumet Avenue project was community concern about its potential use as a short-term rental. Neighbors noted that the existing house currently operates as an approved short-term rental and feared that expanding the property would intensify impacts such as parking congestion, noise, and disruption to the residential character of the neighborhood.

However, short-term rental regulations in San Diego operate on a separate track from construction permits, creating a jurisdictional gap that hearing officers cannot bridge. According to research from Steadily's 2025 short-term rental guide, ADUs built on or after January 1, 2020, are restricted from use as short-term rentals to help ensure availability for long-term residential housing. More specifically, inewsource investigative reporting found that any ADU permitted after September 2017 is ineligible to be rented short-term—only about 100 existed prior to the ban and are eligible.

This creates a complex regulatory landscape for the Bird Rock project. While the 798-square-foot ADU being constructed would be prohibited from short-term rental use under current regulations (as a post-2020 unit), the 3,700-square-foot main residence could potentially be used as a short-term rental if the owner obtains proper permits from the City Treasurer's Short-Term Residential Occupancy (STRO) program.

Enforcement of short-term rental regulations remains challenging. According to Times of San Diego reporting, some San Diego ADUs are being used illegally for short-term rentals despite the ban. City spokesperson Richard Berg indicated that code enforcement has issued 64 civil penalties at a rate of $1,000 per day, per violation, but monitoring thousands of properties across coastal neighborhoods remains a resource-intensive challenge.

For homeowners in Bird Rock considering ADU construction, the short-term rental question requires careful navigation. While you cannot legally operate a newly constructed ADU as a vacation rental, you may be able to generate rental income through long-term leases. Better Place Design Build's La Jolla ADU guide notes that in neighborhoods like La Jolla and Bird Rock, a 1-bedroom ADU can generate $2,000–$2,800 per month in long-term rental income, while larger 2–3 bedroom units may exceed $3,500 per month.

Coastal Construction Considerations: Building Near Bird Rock's Bluffs

The 5381 Calumet Avenue property's location less than a block from the coastal bluff introduces significant technical and regulatory considerations that any Bird Rock homeowner planning coastal construction must address. Properties near coastal bluffs throughout the corridor from Tourmaline Surfing Park through Bird Rock to La Jolla Shores face similar challenges with erosion, setback requirements, and environmental compliance. Coastal bluff development in San Diego requires compliance with multiple overlapping regulatory frameworks, including City of San Diego Coastal Development Permit procedures, California Coastal Commission oversight, and geotechnical safety standards.

According to coastal development permitting requirements, projects between the first public road and the sea, within 300 feet of a beach or the top of a coastal bluff, or within 100 feet of a stream or wetland are typically appealable to the California Coastal Commission. For construction near coastal bluffs in La Jolla and Bird Rock, applicants must submit a geotechnical report showing bluff edge, Factor of Safety (FOS) line, and 75-year retreat projection, along with comprehensive site plans, grading and drainage plans, stormwater compliance documentation, lighting specifications, survey and topographic data, and photo simulations.

The standard bluff setback calculation requires a 40-foot minimum distance from the bluff edge, plus additional setback based on 75-year erosion projections. When a new structure is built near a bluff, it must demonstrate a Factor of Safety of 1.5, ensuring the structure will remain stable for at least 75 years without contributing to bluff erosion or instability. This is a significant departure from older Bird Rock homes, some of which were approved with setbacks as minimal as 15 feet—a distance that would be categorically prohibited under contemporary standards.

Recent emergency bluff repairs in Bird Rock underscore the ongoing challenges of coastal erosion in the neighborhood. The San Diego Union-Tribune reported in June 2025 that a second emergency bluff repair was planned for Bird Rock, highlighting how coastal properties in this area face continuous pressure from wave action, groundwater, and natural erosion processes. These conditions make proper engineering and compliance with setback requirements essential for long-term structural integrity.

For two-story construction near bluffs, additional considerations come into play. According to San Diego's ADU regulations, attached ADUs may be built up to 25 feet tall or match the zoning height limit, whichever is lower, while rear and side setbacks are reduced to 4 feet when the ADU is over 16 feet tall. However, these standard setback reductions may not apply in coastal overlay zones where bluff protection requires greater distances.

The 798-square-foot detached ADU in the Bird Rock project, constructed as a two-story structure, must maintain adequate separation from both the main residence and property boundaries. A detached ADU must be at least six feet from the main house to comply with zoning and fire safety regulations. If the eave-to-eave distance between the ADU and the primary residence is less than 10 feet, fire-rated construction—including fire-resistant walls, windows, and roofing—may be required, potentially adding several thousand dollars to construction costs.

Bird Rock Neighborhood Context: Where Coastal Charm Meets Development Pressure

Bird Rock occupies a unique position within San Diego's coastal communities, straddling the boundary between Pacific Beach and La Jolla while maintaining its own distinct character. Situated between Tourmaline Surfing Park to the north and La Jolla Shores to the south, Bird Rock benefits from its proximity to some of San Diego's most popular coastal recreation areas while maintaining a quieter, more residential atmosphere. Understanding this neighborhood context helps explain both the community concerns raised during the 5381 Calumet Avenue hearing and the broader development trends shaping the area in 2025.

According to NeighborhoodScout's demographic data, approximately 3,102 people live in Bird Rock, where the median age is 46 and the average individual income is $90,101. The neighborhood's real estate market reflects its desirability: Homes.com data from May 2025 shows Bird Rock homes were listed to buy for a median price of $2.14 million, with a median value of $973 per square foot. On average, homes in Bird Rock sell after just 30 days on the market, compared to the national average of 53 days.

La Jolla Boulevard serves as the neighborhood's main commercial corridor, dotted with local shops, cafes, and restaurants including the well-known Bird Rock Coffee Roasters, a neighborhood gathering spot. Real estate market analysis notes that most residents can walk to just about everything they need, contributing to the neighborhood's "Very Walkable" score. Bird Rock Elementary School serves local families, anchoring the community's residential character. This pedestrian-friendly character, combined with ocean access and views, makes Bird Rock particularly attractive to families and professionals seeking a coastal lifestyle.

Architecturally, Bird Rock features a diverse mix of housing styles. As described by The Daniels Group's community guide, Bird Rock homes are packed on modified grid pattern streets just east of the Pacific Ocean, with sidewalks passing by colorful homes of all shapes and sizes. There are pastel-colored bungalows next to Spanish Revivals with terra cotta roofs and some two-story Craftsman homes, creating an eclectic streetscape that residents value as part of the neighborhood's character.

This architectural diversity, however, creates tension when larger contemporary structures are proposed. Along the ocean bluffs, larger contemporary homes with expansive window walls offer some of the best views in San Diego, but they often contrast sharply with the smaller, vintage bungalows that define much of Bird Rock's residential fabric. The 5381 Calumet Avenue project—transforming a 1,841-square-foot single-story home into a 4,995-square-foot development—exemplifies this trend toward larger, more valuable properties that some residents see as threatening neighborhood character.

Floor Area Ratio and Development Maximization Strategies

A critical factor in the hearing officer's approval of the 5381 Calumet Avenue project was compliance with Floor Area Ratio (FAR) regulations—the ratio of total building square footage to lot size. Understanding FAR calculations is essential for coastal homeowners seeking to maximize development potential while remaining within regulatory boundaries.

According to San Diego's ADU regulations, ADUs up to 800 square feet in size may be constructed even if they cause the property to exceed the maximum allowable FAR of the zone. ADUs that are 800 square feet or smaller are exempt from lot coverage, floor area ratio (FAR), and open-space requirements. This exemption provides significant flexibility for property owners.

The Bird Rock project includes a 798-square-foot ADU—just under the 800-square-foot threshold for FAR exemption. This strategic sizing allows the property owner to maximize the main residence square footage (3,700 square feet) while adding a substantial ADU without triggering FAR violations. This represents sophisticated understanding of development regulations and demonstrates how informed property owners can optimize their coastal investments.

The 800-square-foot ADU exemption creates strategic opportunities for coastal homeowners. By constructing an ADU at or below 800 square feet, you can:

• Maximize main residence size up to the lot's base FAR limit without the ADU counting against that calculation
• Avoid lot coverage restrictions that might otherwise limit building footprint
• Bypass open-space requirements that could mandate minimum yard areas
• Simplify approval processes by eliminating FAR variance requests

The combination of a 3,700-square-foot main residence, 798-square-foot ADU, and 497-square-foot garage in the Bird Rock project totals 4,995 square feet of conditioned and garage space. On a typical Bird Rock lot size (many range from 5,000 to 7,500 square feet), this represents efficient use of development rights while maintaining regulatory compliance.

For coastal properties considering ADU construction, strategic sizing decisions can dramatically impact both project feasibility and return on investment. An 800-square-foot ADU provides sufficient space for a one-bedroom, one-bathroom unit with full kitchen and living area—adequate for long-term rental to professionals or small families. According to rental market data, such units in La Jolla and Bird Rock can generate $2,000–$2,800 per month, providing meaningful income while maximizing property value.

Construction Costs and Investment Analysis for Coastal ADUs

Building an ADU in Bird Rock or other coastal San Diego neighborhoods involves significant investment, but the financial returns can be substantial when projects are designed and executed strategically. Understanding cost components and potential returns helps homeowners make informed decisions about whether ADU construction aligns with their financial goals.

According to Better Place Design Build's 2025 cost analysis, building an ADU in San Diego typically runs about $200,000–$450,000+, roughly $375–$600+ per square foot for a turn-key detached unit. For a 798-square-foot ADU like the one approved in Bird Rock, homeowners should budget approximately $299,250 to $478,800 at these rates, depending on finishes, site conditions, and design complexity.

Coastal locations typically fall on the higher end of this range due to several factors:

• Coastal Development Permit requirements adding $3,000–$8,000 in additional permitting costs and consultant fees
• Geotechnical investigations for bluff stability and soil conditions, typically $5,000–$15,000
• Enhanced foundation engineering for coastal soil conditions and seismic requirements
• Corrosion-resistant materials necessary for salt air exposure
• Stormwater management systems to prevent runoff impacts on coastal bluffs
• Fire-rated construction if the ADU is within 5 feet of property lines, adding several thousand dollars

Permit fees represent a smaller but still significant cost component. San Diego ADU permit cost data from 2025 indicates that most ADU permit costs range from about $6,500 to $21,000, depending on size, type, and whether it's new construction or a conversion. For a 798-square-foot new construction detached ADU, permit costs would likely fall in the $15,000–$18,000 range.

Despite these substantial costs, the investment case for coastal ADUs remains compelling. Property value increases and rental income potential can generate attractive returns:

• Property value increase: Market analysis shows ADUs significantly boost property values in coastal neighborhoods, with well-designed units enhancing both usability and long-term value
• Rental income: At $2,000–$2,800 per month for long-term rentals in Bird Rock, an 800-square-foot ADU generates $24,000–$33,600 annually
• Multigenerational housing: ADUs provide housing for aging parents or adult children, reducing or eliminating separate housing costs
• Home office or studio: Professional use of ADUs can generate business deductions while increasing work-from-home flexibility

The payback period varies based on construction costs and intended use. For a $350,000 ADU generating $30,000 in annual rental income (at $2,500/month), the simple payback is approximately 11.7 years—not accounting for property value appreciation, which can be substantial in Bird Rock's appreciating market. When property value increases are factored in, many coastal ADU projects show positive returns within 5–7 years.

Recent legislative changes have improved the financial equation for coastal ADUs. AB 462, which took effect October 15, 2025, mandates that coastal zone cities approve or deny ADU Coastal Development Permits within 60 days, down from the previous 5-8 month timeline. This acceleration saves homeowners $18,000–$40,000 per project through reduced carrying costs, avoided construction escalation, and eliminated appeal fees.

Conclusion: Strategic Coastal Development in an Era of Community Scrutiny

The January 2025 approval of the 5381 Calumet Avenue development in Bird Rock illuminates the complex interplay between regulatory compliance, community values, and property rights in San Diego's coastal neighborhoods. Hearing Officer Duke Fernandez's decision to approve the project—transforming a modest 1,841-square-foot home into a 4,995-square-foot development with a detached ADU—demonstrates that projects meeting all objective regulatory standards can proceed despite significant community opposition.

For homeowners in Bird Rock, Pacific Beach, La Jolla, and Mission Beach considering residential expansions or ADU construction, several key lessons emerge from this case. First, understanding hearing officer jurisdiction and the distinction between objective regulatory compliance and subjective community preferences is essential. Hearing officers evaluate whether projects meet coded standards for height, setbacks, density, floor area ratio, and environmental protection—not whether neighbors approve or how the property might be used in the future.

Second, strategic project design can maximize development potential while maintaining regulatory compliance. The Bird Rock project's decision to size the ADU at 798 square feet—just below the 800-square-foot FAR exemption threshold—demonstrates sophisticated understanding of development regulations. This approach allowed the property owner to construct a substantial ADU while maximizing the main residence without triggering FAR violations.

Third, coastal construction near bluffs requires specialized expertise in geotechnical engineering, environmental compliance, and Coastal Development Permit procedures. The 40-foot minimum bluff setback plus 75-year erosion projection, Factor of Safety 1.5 requirement, and California Coastal Commission oversight create layered complexity that demands professional guidance from experienced coastal builders.

Fourth, short-term rental regulations operate on a separate track from construction permits, creating opportunities and constraints that homeowners must navigate carefully. While newly constructed ADUs cannot be used for short-term rentals, they can generate substantial long-term rental income—$2,000–$2,800 per month for one-bedroom units in Bird Rock—providing meaningful returns on investment while complying with city regulations.

Finally, proactive community engagement, while not legally required for compliant projects, can ease approval processes and build neighborhood goodwill. Attending community planning group meetings, preparing visual simulations, addressing parking proactively, and incorporating design elements that echo neighborhood architecture can reduce opposition and prevent time-consuming appeals.

The coastal construction landscape in San Diego continues to evolve, with recent legislation like AB 462 accelerating Coastal Development Permit timelines to 60 days and eliminating California Coastal Commission appeals for ADUs. These changes, combined with the 800-square-foot FAR exemption and reduced permit fees, create an increasingly favorable environment for strategic ADU investment in Bird Rock and surrounding coastal communities.

For homeowners ready to pursue coastal development projects, partnering with experienced builders who understand the nuances of hearing officer processes, Coastal Development Permits, bluff setback calculations, and community dynamics is essential. Pacific Beach Builder brings deep expertise in navigating these complex approval processes across Bird Rock, Pacific Beach, La Jolla, and Mission Beach, helping clients maximize property value while maintaining community relationships and regulatory compliance.

The Bird Rock approval is not an isolated case but rather one example of ongoing development pressure in San Diego's limited coastal communities. As property values continue appreciating and regulatory frameworks evolve, homeowners who understand the intersection of compliance requirements, community values, and strategic design will be best positioned to realize their coastal development goals in 2025 and beyond.

Ready to discuss your Bird Rock, Pacific Beach, or La Jolla coastal development project? Contact Pacific Beach Builder to explore how our hearing officer approval navigation expertise and coastal construction experience can help you maximize your property's potential while successfully addressing community concerns and environmental requirements.