HomeMy WebLinkAboutPRE 2025-0046; THE AVENUE AT CARLSBAD; Admin Decision LetterSeptember 26, 2025
Mackenzie Guirsch
8977 Activity Road, STE 200
San Diego, CA 92126
SUBJECT: PRE 2025-0046 {DEV2025-0062)-THE AVENUE AT CARLSBAD
APN: 167-250-37-00, 167-250-38-00
{city of
Carlsbad
Thank you for submitting a preliminary review to construct eight new steel carport structures with roof-
mounted photovoltaic (PV) systems over existing parking spaces at 2245-2290 Avenida Magnifica
(accessor parcel numbers 167-250-37-00 and 167-250-38-00). The approximately 10.2-acre project site
contains a 105-unit residential condominium complex, comprising of six buildings, and approximately 191
uncovered surface parking spaces. The condominium complex on the project site is Section B of the
Broadmoor Homes Tentative Map (CT 79-27) and Condominium Permit (CP-44) and is subject to City
Council Resolution 6169 (attached). The proposed solar carports will cover roughly 137 existing parking
spaces. The project also proposes related equipment such as solar panel boards, utility lockable and visible
blade fused AC disconnects, and net generation output meters mounted on three new concrete pads.
In response to your application, the Planning Division has prepared this comment letter. Please note that
the purpose of a preliminary review is to provide you with direction and comments on the overall concept
of your project. This preliminary review does not represent an in-depth analysis of your project. It is
intended to give you feedback on critical issues based upon the information provided in your submittal.
This review is based upon the plans, policies, and standards in effect as of the date of this review. Please
be aware that at the time of a formal application submittal, new plans, policies, and standards may be
in effect and additional issues of concern may be raised through a more specific and detailed review.
Planning:
General
1. General Plan and zoning designations for the property are as follows:
a. General Plan: Residential 8-15 du/ac (R-15)/Open Space (OS)
b. Zoning: Planned Community (P-C)
2. The project requires the following permits:
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
PRE 2025-0046 (DEV2025-0062} -THE AVENUE AT CARLSBAD
September 26, 2025
Pa e 2
a. Landscape Permit -A landscape permit may be required depending on the amount of
landscaping proposed.
b. Building Permit
3. New requirements related to the city's goals to reduce greenhouse gas (GHG) emissions will likely
impact development requirements of this project. A formal application submittal will need to include
a completed Climate Action Plan Checklist (Form P-30) to determine what requirements will apply to
the project. New GHG reduction requirements are related to energy efficiency, photovoltaic, electric
vehicle charging, water heating and traffic demand management requirements, as set forth in the
California Green Building Standards Code and in Carlsbad Municipal Code Chapters 18.21, 18.30 and
18.51 which is available on the city's website at the following address:
http://www.qcode.us/codes/carlsbad/view.php?topic=18&frames=on
To the extent that new GHG reduction requirements are in effect at the time of application for grading
or building permits, the project will be required to comply with the effective requirements even if
different than what is proposed in the project's planning approvals. GHG reduction requirements may
impact, but are not limited to, site design and local building code requirements. If incorporating new
GHG reduction requirements results in substantial modifications to the project after planning
approvals are obtained, then prior to issuance of grading or building permits, the applicant may be
required to submit and receive approval of a Consistency Determination or an Amendment
application for the project through the Planning Division.
4. Provide a site plan showing all property lines and structures on one sheet. Please see Information
Bulletin IB-201 for a list of minimum requirements for site plans:
https://www.carlsbadca.gov/home/showpublisheddocument/10800/637945928288670000
5. Provide dimensions of the proposed parking spaces, driveway, and drive aisles.
6. Show setbacks dimensioned from the closest point of each carport to the property line.
7. Indicate the square footage of each carport and provide the overall height from existing or proposed
grade, whichever is lower, to the highest point of the structure.
8. Show the following setbacks on the plans. Pursuant to City Council Resolution 6169, this property is
subject to the Residential Density-Multiple (RD-M) Zone. Setback requirements are as follows:
a. Front Yard Setback -20 feet
i. 10 feet shall be permitted provided carport or garage openings do not face onto the front
yard, and that the remaining front yard is landscaped with a combination of flowers, shrubs,
trees and irrigated with a sprinkler system. Landscape plans and irrigation system plans shall
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
PRE 2025-0046 (DEV2025-0062)-THE AVENUE AT CARLSBAD
September 26, 2025
Pa e 3
be approved by the City Planner prior to issuance of a building permit for a proposed
structure.
b. Side Yard Setback-5 feet
c. Rear Yard Setback-10 feet
9. The proposed carports must maintain a 20-foot front yard setback from the south property line
adjacent to Hosp Way. Please revise the project for compliance.
10. The proposed shade structure appears to be crossing the common property line between the two
parcels. Pursuant to CMC 21.46.040, the two parcels constitute a single building site, and the side yard
setback does not apply to the common boundary line separating the two. However, this only applies
to setbacks and does not allow for structures to cross property lines. Please revise the project for
compliance or apply for a lot consolidation.
11. All dimensions should be the same between sheets. For example, the measurements between carport
structures differ between sheets A001 and A200. Please correct and scale all drawings.
12 . Provide the following information on the Title Page, T001:
a. A scope of work that thoroughly· describes the project. Describe the proposed solar carports,
such as the square footage of each, how many spots are being covered, and the related
equipment proposed.
b. Lot coverage as a percentage, existing and proposed.
c. Number of parking spaces, existing and proposed.
i. If any parking spaces are being removed, please demonstrate how the minimum number of
required parking spaces will be met.
Parking/PV Carports
13. Condition 6 of City Council Resolution 6169 (attached) requires all parking structures to be in the form
of individual garages equipped with garage doors and garage door openers. The project does not
appear to comply with this condition.
14. The parking spaces and drive aisle must meet the requirements of CMC Chapter 21.44, including but
not limited to the following:
a. Show location of all carport posts on the Easement Plans and Site Plans.
b. A 24-foot-wide drive aisle is required for two-way traffic. Please note, additional width may be
required for vehicle/emergency vehicle maneuvering area .
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
PRE 2025-0046 (DEV2025-0062)-THE AVENUE AT CARLSBAD
September 26, 2025
Pa e 4
c. At least 3% of the parking area shall be planted and maintained with trees listed on the city's
official street tree list, or approved shrubs.
i. If any landscaping needs to be removed, please demonstrate how it will be replaced in-kind.
All necessary application forms, submittal requirements, and fee information are available at the Planning
counter located in the Faraday Building at 1635 Faraday Avenue or online at
https://www.carlsbadca.gov/departments/community-development/planning. You may also access the
General Plan Land Use Element and the Zoning Ordinance online at the website address shown. Please
review all information carefully before submitting.
Land Development Engineering:
Land Development Engineering Division staff has completed a preliminary review of the above-referenced
project. Prior to formal application for the discretionary permit submittal the following items must be
adequately resolved/addressed, unless otherwise noted:
1. Complete a Stormwater Standards Questionnaire Form E-34. This questionnaire will guide you and
the city in determining what type of reports and storm water mitigation must be completed to satisfy
state and City storm water quality requirements. The questionnaire is located on the City of Carlsbad
website. This project will most likely be exempt from PDP requirements if it meets the Ground
Mounted Solar Array criteria in section 1.4.2 of the BMP Manual.
2. Provide a Preliminary Title Report (current within the last six (6) months) for both properties.
3. Annotate and delineate all existing easements and encumbrances listed in the Preliminary Title Report
on the site plan. If any vacations or quitclaims are planned with this development annotate on the
site plan.
4. On the site plan, show and identify all existing utilities and call out size and type, screened back at the
project site. See City of Carlsbad drawing 206-1 for reference.
5. Show the proposed carport post and footing on the plan sheet. Structures and footings are prohibited
in public easements.
6. Provide a cross section through the carport post to show the existing and proposed ground, the
proposed post, the 1:1 influence from the footing, the existing easement and the existing utility.
7. This project requires an encroachment agreement for proposed solar panels and trench work in the
existing easement provided that there is no influence or structure from the proposed footings.
8. Show existing contours. The proposed solar panel board and structures are within a slope. Show the
proposed retaining wall with top of wall and bottom of wall, and the maximum retained height.
9. Show the trench linework on the site plan.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
PRE 2025-0046 (DEV2025-0062) -THE AVENUE AT CARLSBAD
September 26, 2025
Pa e 5
10. Show the width and depth of the carport footings and the dimension between the posts.
11. Address the comments on the attached redlined plan.
1. Show location of battery energy storage, if any.
2. 10-foot clearance of brush around PV arrays is required.
3. If structures are less than 13'6", a drive aisle must be a minimum of 24' in width for vehicle
clearance.
Building:
1. No comments.
Utilities:
1. Show the existing public sewer and water infrastructure.
2. Proposed structures shall not be built within the existing utility easement due to access constraints.
3. Maintain 5' horizontal separation from water service and water meters that are not within the utility
easement. Do not build over water services or water meters.
4. Maintain 1' vertical separation from sewer and water mains at crossings.
5. Include contacts for CMWD mainline and emergency services.
6. Add note: Any damage to CMWD or the City of Carlsbad utilities caused by the contractor's
operations will be subject to repair and replacement in accordance with the current City of Carlsbad
Engineering Standards at the contractor's expense
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
PRE 2025-0046 (DEV2025-0062) -THE AVENUE AT CARLSBAD
September 26, 2025
Pa e 6
If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Mackenzie VanZyverden at the number below. You may also contact each department
individually as follows:
• Planning Division: Mackenzie VanZyverden, Associate Planner, at (442) 339-5301
• Building Division: Mike Strong, Building Official, at (442) 339-2721
• Land Development Engineering: Nichole Fine, Project Engineer, at (442) 339 -2744
• Fire Department: Darcy Davidson, Fire Marshall, at (442) 339-2667
• Utilities: Zac Taylor, Assistant Engineer, at (442) 339-2329
Sincerely,
ERIC LARDY, AICP
City Planner
EL:MV:cf
Attachments:
LDE Redlined Plans
City Council Resolution 6169
c: Nichol Fine, Project Engineer
Fire Prevention
Laserfiche/File Copy
Data Entry
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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RESOLUTION NO. 6169
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING WITH
CONDITIONS TENTATIVE MAP (CT 79-27) FOR
A 294-UNIT CONDOMINIUM PROJECT AND APPROVING
CONDOMINIUM PERMIT (CP-44) FOR SAID PROJECT
29.6 ACRES GENERALLY LOCATED WEST OF
EL CAMINO REAL AND ON THE NORTH AND SOUTH
SIDES OF HOSP WAY. APPLICANT: BROADMOOR
HOMES.·
WHEREAS, on March 26, 1980 the Carlsbad Planning Commission
adopted Resolution No. 1611 recommending to the City Council
that Tentative Map (CT 79-27) and Condominium Permit (CP-44)
be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
April 15, 1980, held a public hearing to consider the recommenda-
tions of the Planning Commission and to receive all recommendations
and hear all persons interested in or opposed to Tentative Sub-
division Map (CT 79-27) and Condominium Permit (CP-44); and
WHEREAS, said Tentative Subdivision Map and Condominium
Permit have been declared to have a nonsignificant impact on
the environment and a Negative Declaration has been prepared
and filed in compliance with the requirements of the City of
Carlsbad Environmental Protection Ordinance of 1972;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
B. That the findi~gs of the Planning Commission in
Resolution No. 1611 constitute the findings of the City Council
in this matter.
C. That said Tentative Subdivision Map, together with
the provisions for its design and improvement and subject to
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the conditions of this resolution, is consistent with all
applicable general and specific splans of the City of Carlsbad.
D. That Tentative Subdivision Map (CT 79-27) and
Condominium Permit (CP-44) are hereby approved subject to all
applicable requirements of the Carlsbad Municipal Code and to
the satisfaction of the following conditions:
1. Approval is granted for CT 79-27/CP-44 as shown on
Exhibits A, B, C, D & E to CT 79-27/CP-44 dated February 22,
1980, on file in the Planning Department and incorporated by
reference. Development shall occur substantially as shown on
these exhibits unless otherwise noted in these conditions.
2. The applicant shall prepare a reproducible copy
of the final condominium site plan incorporating all requirements
of the condominium permit approval and shall be subject to the
approval of the Planning Director prior to approval of the final
map for Phase I.
3. The subject property shall be subject to the RD-M
zoning standards as they relate to permitted and conditional
uses, building height, and setbacks and yards.
4. Prior to approval of the final map for Phase I,
the applicant shall submit a revised landscape and irrigation
plan subject to the approval of the Planning Director. Said Plan
shall include changes to the landscaping as required by the
Parks and Recreation Director, plus additional pedestrian
pathways, stairways, sidewalks and crosswalks. Said plan shall
address adequate screening of all structures, in additional to
convenient access between the units and the recreational open
space areas and parking areas. Said landscape plan shall also
include embossed pedestrian crosswalks.
5. Additional visitor parking for units located in
the southern and eastern most portions of the site shall be
provided and shown on the final condominium site plan and final
map, subject to the approval of the Planning Director.
6. All parking structures shall be individual garages,
equiped with garage doors and garage door openers.
7. Fire retardant roofs shall be required on all
structures.
8. In order to provide for fire protection during
the construction period, the applicant shall maintain passable·
vehicular access to all buildings. In addition, adequate
fire hydrants with required fire flows shall be installed
on and off site as required by the Fire Chief or his designee.
9. A report of a geotechnical investigation and a
. grading plan of the site shall be contracted by the applicant
and submitted .to the City Engineer prior to the issuance of
grading permits. The report shall be prepared by a civil engineer
• and a geologist licensed by the State of California and
experienced erosion control and.slope stability. At the conclusion
of_ grading. they shall prepare an "as-graded" plan showing the
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grading as performed and the existing geologic conditions and
they shall certify the adequacy of the site for development.
10. All cut and fill slopes shall be no steeper than
2 horizontal to 1 vertical unless a geotechnical report by a
registered civil engineer demonstrates that slope stability
and erosion resistance of a steeper slope are adequate and is
is approved by the City Engineer.
11. All exposed slopes shall be hydroseeded by the
applicant or otherwise stabilized immediately upon completion of
grading activities prior to September -30, 1980 and prior to
issuance of building permits for the project.
12. All previously manufactured slopes which are to
remain essentially intact shall be smoothed, recompacted,
stabilized and hydroseeded and existing bench drains shall be
repaired to the satisfaction of the City Engineer.
13. No grading may be performed during the rainy
season (November 1 to April 15) unless an erosion control plan,
including desiltation basins, etc., is submitted as part of the
grading.plan and is approved by the City Engineer.
• 14. All private streets and drainage systems shall be
maintained by the homeowner's association in perpetuity. This
requirement shall be included in the CC&R's. This condition
excludes all drainage easements granted to the City of Carlsbad.
15. The maximum grade on any private street shall not
exceed 14%. Streets with grades in excess of 12% shall be
panned with portland cement concrete.
16. The design of all private streets and drainage shall
be approved by the City Engineer. The structural section of all
private streets shall conform to the City of Carlsbad standards
based on R-value tests. All private streets and drainage shall
be inspected by the City and standard improvement plan check
and inspection fees shall be paid.
17. Any remaining public improvements in the El Camino
Real and Hosp Way half street sections along the subdivision
frontage (sidewalks, concrete median curb, street lights or
others) shall be installed to conform to the City of Carlsbad
standards as part of Phase I construction.
18. An improvement agreement shall be entered into and a
bond posted to insure the future construction of the Elm Avepue
half street section along the subdivision frontage prior to
recordation of the final map for Phase IV.
19. Hosp Way shall be dedicated and improved to City
of Carlsbad standards based on a sixty foot right-of-way width
and shall be extended off-site to Monroe Street prior to the
issuance of .an occupancy permit for any unit in Phase V. The.·
developer shall secure any additional land required to fulfill
this condition.
20. Street trees of a variety approved by the Parks and
Recreation Department shall be installed to City specifications
at forty foot intervals along all public street frontages.
21. The developer ·shall .install standard City street
lights along all publ.i,c and private street frontages to the
satisfaction .of the City Engineer.
22. The water distribution and sewage collection
systems shall be subject to the approval of the City of Carlsbad
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and shall be dedicated to the City together with the necessary
easements free of liens· and encumbrances prior to the recordation
of the final map for each affected phase.
23. Land for park purposes shall be dedicated to
the city prior to recordation of the final map for Phase I, as
per Chapter 20.44 of the City's subdivision regulations, the
master plan and an agreement with the City.
24. Prior to final map approval for Phase I, the
applicant shall guarantee to the satisfaction of the City
Engineer that the slopes on the subject property along Marron
Road and El Camino Real shall be privately maintained as open
space.
25. This approval is expressly conditioned on the
payment by the applicant of a public facilities fee as required
by the City Council Policy No. 17, dated August 29, 1979, on file
with the City Clerk and incorporated herein by reference, and
according to the agreement executed by .the applicant for payment of
said fee. A copy of that agreement, dated March 4, 1980, is on
file with the City Clerk and incorporated herein by reference.
If said fee is not paid as promised, this application will not
be consistent with the General Plan and the project cannot proceed
and this approval shall be void.
26. No individual lots may be sold separately and all
lots are to remain in common ownership in perpetuity. A
condition requiring this shall be placed in the CC&R's and subject
to the approval of the City Engineer.
27. Applicant shall submit a street name list consistent
with City policy for approval prior to recordation of the final
map for Phase I.
28. The applicant shall agree to modify the proposed
interior lot lines as required by the City Engineer.
29. Phasing as shown on the Tentative Map, CT 79-271
CP-44 (Exhibit A, dated February 22, 1980) is approved, with
changes permitted only as approved by the City Engineer.
30. Covenants, conditions and restrictions are required
prior to the approval of the final map for Phase I, subject to
the approval of the Planning Director.
31. A stairway down the slope of the northern most
portion of the development, which connects with Marron Road, is
required and shall be noted on the final condominium site plan.
The applicant shall install the necessary sidewalk improvements
along Marron Road to connect the bottom of this stairway with
the existing sidewalk to the east. If the City Engineer determines
that this stairway is not feasible due to public safety or
engineering concerns, this condition shall be deleted.
• 32. All curbs adjacent to sidwalks shall be standard
type B.
PASSED; APPROVED AND ADOPTED at a regular meeting of the
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l City Council of the City of Carlsbad, California, held on the
2 6th
3
day of ___ M_,ay"-----' 1980, by the following vote, to wit:
AYES: Councilmen Packard, Anear, Lewis, Councilwoman Casler and
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NOES: None
ABSENT: None
ATTEST:
RONALD C. PACKARD, MAYOR
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