HomeMy WebLinkAboutPRE 2026-0025; 4380 HIGHLAND REMODEL; Admin Decision LetterMay 28, 2026
WSI Advisors
Attn: Ana Diaz
600 B Street, Suite 1620
San Diego, CA, 92101-4515
permits@homekindcare.com
SUBJECT:
Dear Ms. Diaz,
PRE 2026-0025 (DEV2026-0043) -4380 HIGHLAND REMODEL
APN: 206-192-15-00
{'city of
Carlsbad
VIA EMAIL AND MAIL
Thank you for submitting a preliminary review application to consider a remodel and physical expansion
of an existing Residential Care Facility for the Elderly (RCFE) on property located at 4380 Highland Drive.
The subject property is approximately 47,916 square feet (1.1-acres) and according to the submittal
documents is developed with an existing two-story, 12 bedroom, residential structure of approximately
8,967 square feet (first floor is 7,540 square feet/second floor is 1,427 square feet). The application
states that the existing RCFE is licensed by the California Department of Social Services (COSS),
Community Care Licensing Division (CCLD) with a maximum 15 resident capacity. The proposed plans
that were submitted with this preliminary review application are proposing to physically expand the
existing structure by 2,783 square feet, add three (3) new bedrooms and continue the RCFE use,
providing non-medical care. In total, the plans show that the proposed structure at completion would be
11,750 square feet, with 15 bedrooms (please note that inconsistent facility area/expansion area
quantities were provided in the submittal materials). Staffing during the day would include one (1)
caregiver per five (5) residents (compliant with California Code of Regulations (CCR) Title 22 §87411),
and during the night, one (1) caregiver per 7.5 residents. The applicant states that the proposed "facility
will operate as a Residential Care Facility for the Elderly (RCFE), providing non-medical care" also
emphasizing that the "proposed care does not include any skilled nursing services."
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
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600
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1. General Plan and zoning designations for the property are as follows:
a. General Plan: R-4, Residential, 0-4 dwelling units per acre.
b. Zoning: One-family Residential with 15,000 square-foot minimum lot size (R-1-15,000)
c. The property is located within the Coastal Zone, more specifically, the Mello II Segment of
the Local Coastal Program. The Coastal land use designation and zone are the same as the
general plan and zoning above. The California Coastal Commission does not have appeal
authority as it relates to the location of this property.
2. Please be aware that the site and requested use are subject to the following regulations:
General Plan
The property is designated as R-4 Residential, intended to be developed with detached single
family dwellings at a density between O and 4 dwelling units per acre. The specific uses allowed
in this zone are included in the Carlsbad Municipal Code, Title 21. The designation applied to this
property is consistent with the R-4 General Plan designation per CMC §21.10.010.A.1.
Carlsbad Municipal Code
The property is designated as R-1, One-Family Residential. R-1 uses are included in §21.10.020,
Table A, and include Residential Care Facilities (serving seven or more persons) as a use allowed
subject to approval of a Conditional Use Permit.
The definition of "Residential Care Facility" as defined in §21.04.480 includes "any family home,
group care facility, or similar facility, licensed by the State of California, for twenty-four hour
nonmedical care of persons in need of personal services, supervision or assistance essential for
sustaining the activities of daily living or for the protection of the individual..."
For reference, the closely related "Group Home" definition in CMC §21.04.163 includes "housing
used as a supportive living environment shared and used by persons who are considered
handicapped under state and federal law" and may serve "children, the elderly or chronically ill,
mentally disabled individuals, or adults recovering from or being treated for alcohol or drug
addiction." Group Homes can include "residential care facilities, supportive housing, transitional
housing and other similar communal housing facilities but does not include boardinghouses." A
group home serving seven or more persons is also an allowed use in R-1, One-Family Residential
zone subject to approval of a Conditional Use Permit.
Please note that a key distinction between both Residential Care Facilities and Group Homes and
another related facility type, Professional Care Facilities, as defined in CMC §21.04.440, is that
"food, shelter, and some form of professional service is provided such as nursing, medical, dietary,
exercising, or other medically recommended programs." Professional Care Facilities are not an
allowed use in the R-1, One-Family Residential zone, and so, the unique professional services they
offer would also not be allowed in a Residential Care Facility. Specifically, as it relates to
medications, your project description, under "services provided," includes "medication
management per RCFE regulations (Title 22)" and also states that "outside healthcare
professionals including physicians, nurses, therapists, and hospice providers may visit residents
as needed, consistent with standard RCFE operations". The use must be consistent with the
definition of Residential Care Facility and only provide non-medical services. Expansion of this
service could disqualify the use and make it medical in nature.
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Detailed information related to the types of services provided and staff employed will be
necessary at the time of application to confirm that the proposed use fits within the Residential
Care Facility/Group Home category and not the Professional Care Facility. Professional Care
Facilities are not allowed in the R-1 zone. In addition, if the facility will be associated with another
facility that provides different/more specialized services, that relationship and a description of
services and staffing provided at the associated facility will need to be explained.
3. The project requires the following permits:
a. Conditional Use Permit (CUP)
b. Coastal Development Permit (CDP)
c. Hillside Development Permit (HOP)
d. Minor Habitat Management Plan Permit (HMP)
Because the CUP, CDP, and HOP all require decisions by the Planning Commission, all the above
noted permits also require a decision by the Planning Commission (CMC § 21.54.040) with any
appeals going to the City Council.
4. Technical Studies/Exhibits. A formal submittal of this project will need to include two (2) hard
copies of each of the following technical studies/exhibits:
a. Biological Study. A formal submittal of this project will need to include a biological study of the
site demonstrating compliance with the City of Carlsbad's Habitat Management Plan (HMP) and
Guidelines for Biological Studies. With the property located in the Coastal Zone and including
steep slopes along its eastern boundary, if the site contains any potentially or known occupied
Coastal Sage Scrub (CSS), protocol surveys shall be conducted in the appropriate time period to
adequately survey for the presence of nesting gnatcatchers. Surveys conducted outside of this
nesting period may only observe presence/absence of gnatcatchers and would not be accepted
as adequate for purposes of CEQA and Local Coastal Program compliance.
Also, where the proposed development is located adjacent to steep slopes containing natural
habitat, the project site will be subject to the adjacency standards of the HMP (see HMP
sections F-16 through F-24). The biological study and proposed exhibits will all need to
demonstrate how the project complies with these standards. Any buffers, or open space
easements, that are required will need to be devoid of any development.
The city's HMP may be reviewed online at:
https://www.carlsbadca.gov/home/showpublisheddocument/224/637446616709600000
The Guidelines for Biological Studies may be reviewed on line at:
https://www.carlsbadca.gov/home/showpublisheddocument/1604/637819050500430000
In addition to the above, it is important to include biological resources figure(s) per the guidelines
(see example below). The figures in the report must include:
• Vegetation/land cover types on the project site plus a 100-foot survey buffer
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• Impact footprint, including all grading and new development
• A 20-foot-wide buffer around sensitive upland habitat (measured from the edge of habitat
outward
• Fuel Modification Zones (FMZs) required by the Fire Department (measured outward from
habitable structures)
I ILLUSTRATIONS FOR 60 FT FUEL MODIFICATION ZONE (FMZ)
Allowable overlap of 2o-ft upland buffer
wtthouter 20ft of FMZ. This area Is
considered an Impact.
Upland buffers (20ft)
M----Property Boundary
I ILLUSTRATIONS FOR 100-FT FUEL MODIFICATION ZONES (FMZ)
Upland buffer (20 ft)
Allowable overlap of 20-ft
upland buffer wtthouter
20ftof FMZ
/
HOUSE
70,ft FMZ Zone 2
100-ft FMZ
,.__ __ Property Boundary
b. Cultural Resources/Paleontological Studies. The development of the proposed project will
require excavation in an area of the city known to have a high sensitivity as it relates to
archeological and paleontological resources. Please direct your consultant(s) to the city's Tribal,
Cultural and Paleontological Resources Guidelines. Please note that any archeological pedestrian
survey of the site for the cultural resources study shall include a Native American monitor during
the survey. The guidelines may be reviewed at the Planning Division front counter or found
online at:
https://www.carlsbadca.gov/home/showpublisheddocument/254/637425976516870000
Additional technical reports may be required for city staff to make a determination in
accordance with the California Environmental Quality Act.
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5. Conditional Use Permit. Residential Care Facilities (serving seven or more people)(defined CMC §
21.04.480) require a Planning Commission-level conditional use permit. This preliminary review
application states that the existing RCFE is currently licensed for 15 residents/beds; however, past
business licenses, including the most recent business license application on file, states that this
existing RCFE is only serving six (6) people, and the city does not have an approved conditional use
permit for the existing RCFE. This noted inconsistency must be addressed with a formal application
submittal. See response 15.a. below for additional information related to the necessary conditional
use permit.
6. Hillside Development. The property contains slopes over 15 percent and an elevation differential
greater than 15 feet in height. Formal submittal of an application to the city's Planning Division for
discretionary review will need to demonstrate compliance with the city's Hillside Development
Regulations and Hillside Development & Design Guidelines. As part of a formal submittal, please be
sure that proposed project exhibits address all requirements listed under CMC § 21.95.130 -Hillside
Mapping Procedures and CMC § 21.95.140 -Hillside Development and Design Standards.
7. Conceptual Landscape Plans. Formal submittal of an application to the City's Planning Division for
discretionary review will need to include conceptual landscape plans. Landscape plans shall be
designed in accordance with the City of Carlsbad's Landscape Manual Policies and Requirements.
The City of Carlsbad's Landscape Manual can be found on the Planning Division's web page at the
following address:
http://www.carlsbadca.gov/civicax/filebank/blobdload .aspx?B1ob1D=24086
As part of this submittal, please be sure to include a Fire Protection Plan and address all applicable
Fire Protection Policies.
8. Please note that the Project Description and Plans submitted with this preliminary review
application provided inconsistent project information as it relates to existing square footage and
proposed square footage. With a formal application submittal for discretionary review, please
ensure that accurate details are provided consistently throughout.
9. When preparing architectural exhibits for a discretionary application submittal, please refer to the
city's Guide for Measuring Building Height:
https://www.carlsbadca.gov/home/showpublisheddocument/268/637425976538130000
10. Pursuant to CMC § 21.44.020.B. Table-A the number of required off-street parking spaces for a
residential care facility serving seven or more people shall be determined by the City Planner and
shall be based on the operating characteristics of a specific proposal, including, but not limited to,
number of (1) employees, (2) beds, and (3) service deliveries. As part of a formal application
submittal, please submit a parking study prepared by a registered Traffic Engineer or other qualified
parking consultant, or other evidence satisfactory to the City Planner covering both sites.
11. The site plan design, as it relates to parking, must be found consistent with CMC Chapter 21.44. As
currently designed, proposed parking space dimensions, drive-aisle widths, turn-around space,
landscaping and the screen wall height adjacent to parking field do not comply with the General
Requirements as outlined in CMC Section 21.44.050 Table B. The site plan design will need to be
revised to accommodate all dimensional requirements.
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12. To address the city's HMP and included coastal policies, the biological habitat located within the
steep slope area to the rear of the site, noted on the plans as an undisturbed area of 5,530 square
feet, will need to be preserved in an open space easement. From any noted upland habitat, a
minimum 20-foot-wide buffer will need to be established. This could mean that the existing fence in
its current location might need to be demolished, and possibly the existing retaining wall. The 20-
foot-wide buffer area, once delineated, will be required to be populated with native habitat and
protected by a fence on the development side of the buffer in accordance with the HMP coastal
zone adjacency policies. These features will need to be included with the submittal of conceptual
landscape plans.
13. Development projects that require a Conditional Use Permit are subject to the Enhanced Public
Engagement process as outlined in City Council Policy 84. This requirement is in addition to the
standard Early Public Notification mailing and on-site signage requirements. Prior to formal
application submittal, please review all of the Council Policy 84 Implementation Guide outlined in
Informational Bulletin IB-184 (linked below). Also, be sure to review all the documents that are
referenced in the upper right-hand corner of page 1 and/or that are linked throughout the bulletin.
https ://www .ca rlsbad ca .gov /ho me/ showpu bl isheddocu me nt/19417 /6387 416 7 5682 230000
14. 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.
15. Applicant Questions/Planning Staff Responses:
a. Does the addition of 3,222 SF with no increase in licensed capacity constitute a CUP Amendment
or a completely new CUP?
Planning Division Response: There is no existing Conditional Use Permit (CUP) on file for the
existing RCFE use to amend. The current business license on file with the city states that the
existing RCFE use cares for up to a maximum of six (6) residents, and our records indicate that
this has been the case since 2017. A CUP is required to bring the RCFE use into compliance with
what you identify as its current licensing capacity of 15 residents. With a formal application for a
CUP, please include the current licensing documents.
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b. What threshold does the Planning Division use to distinguish between an amendment and a new
discretionary action?
Planning Division Response: Please be aware that there are no permits on file for this RCFE use
beyond a business license for up to six (6) residents maximum. Therefore, there is nothing to
discuss regarding permit amendment thresholds. The proposal discussed in this preliminary
review will be treated as an entirely new project, subject to Enhanced Public Engagement per
City Council Policy 84, the Planning Commission's decision authority, and all public noticing
procedures.
c. Can the Coastal Development Permit {CDP} be processed concurrently with the CUP?
Planning Division Response: Yes. The city has permit authority in this location of the city (Mello II
Segment of the Local Coastal Program); and thus, the Coastal Development Permit (CDP) would
be processed simultaneously with the CUP, HDP, and HMP.
d. The applicant intends to proceed in three phases:
(1) Exterior cosmetic remodel: exterior finishes, hardscape, and landscape
{2} Interior remodel of the existing structure: finishes, kitchen, and bathroom upgrades
{3} New 3,222 SF addition
What would be the recommended permitting time line for this phased approach?
Planning Division Response: A phasing plan would need to be prepared, discussed and formally
adopted by the Planning Commission as part of the discretionary exhibits; otherwise, all
improvements would need to be completed in one phase.
e. Is there any condition within the existing CUP or building conditions that would prohibit
commencement of Phase 1 or Phase 2 work prior to approval of the amendment?
Planning Division Response: There is no existing CUP to amend (see discussions above).
f. The project involves the expansion and remodel of an existing licensed RCFE with:
• No change in licensed capacity, and
• No disturbance of the rear area
The applicant requests confirmation that the project qualifies for a Class 1 Categorical Exemption
{CEQA Guidelines §15301 -Existing Facilities).
Does the project's location within the Coastal Zone trigger any independent CEQA consistency
review by the California Coastal Commission, separate from the City's determination?
Planning Division Response: Not enough information is provided at this time to determine if CEQA
Section 15301 is applicable. Additionally, the project's location within the Coastal Zone (Mello II
Segment of the Local Coastal Zone) does not trigger any independent CEQA consistency review
by the California Coastal Commission, separate from the city's determination.
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All necessary application forms, submittal requirements, and fee information are available at the
Planning Division's 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:
1. Please complete a Storm Water Standards Questionnaire (Form E-34) and submit with a formal
application submittal. The questionnaire is located on the City of Carlsbad website (linked below):
https://www.carlsbadca.gov/home/showpublisheddocument/604/639033930295569634
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.
2. Please provide a Preliminary Title Report (current within the last six (6) months).
3. Please 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,
please annotate on the site plan.
4. Please delineate and annotate the limits of grading. If no grading is proposed, plans shall state as
such.
5. Please indicate the earthwork quantities (cut, fill, import, export, remedial) proposed for the project
in cubic yards for the footprint of the addition area .
6. Please provide spot elevations at the corners of the addition in the proposed condition.
7. Please provide the proposed method of draining the lot. Unless otherwise specified by a
geotechnical engineer, the proposed method of drainage shall comply with California Building Code
(latest version) section 1804.4.
8. Please provide typical street cross sections for existing frontage streets and proposed streets.
Provide existing right-of-way width and existing improvements and proposed improvements and
dedications.
9. Please delineate and annotate existing driveway approach.
10. Please provide five-foot (5'-0") minimum back-up clearance at the last stall of the row of parking
spaces.
11. Please show all existing and proposed utilities and callout size for: water, sewer, power poles,
overhead lines, and fire hydrants in Highland Drive, including laterals affecting the property. Utilize
existing public improvement record drawings, DWG 149-8 and DWG 937-4.
12. Highland Drive is designated as an alternative design street. Therefore, this development is not
subject to installing street frontage improvements at this time. The property owner will be required
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to enter into a Neighborhood Improvement Agreement (NIA) with the city. The Agreement will be
recorded with San Diego County Recorder's Office.
13. This project may require an encroachment agreement for existing signage in the public right-of-way.
Removal of all private improvements may be required.
14. Please plot the distance from edge of pavement to vehicle gate. A minimum 20 feet (20'-0") from
the public right of way is to be verified so that approaching vehicles will not queue in the public
right-of-way of Highland Drive.
15. Please address the comments on the attached red lined plan.
16. Please be advised that a more in-depth review of the proposed development will occur with the
discretionary permit application when a more complete design of the project is provided.
Fire & Life Safety:
1. The property is adjacent to flammable vegetation, including native vegetation, along the eastern
property line. The site is also located within a Fire Suppression Zone. Fuel modification, in
accordance with the city's Landscape Manual, will be required for any structures located within 60
feet of the vegetation.
2. Due to potential native habitat, coordinate with Habitat Management Program Manager, Roseanne
Humphrey.
3. As designed, hosepull distance around the proposed structure is greater than 150-feet. As such, the
"private access road" shall meet requirements of fire department access road.
4. Private driveways used as required fire apparatus access roads serving no more than two dwellings
shall have a minimum width of 16 feet.
5. Fire access roadways shall be designed, constructed, and maintained to support the imposed loads
of fire apparatus with a total weight of 75,000 pounds. The surface shall be designed, constructed,
and maintained to provide all-weather driving capabilities. A letter or statement, wet-stamped and
signed by a registered engineer, shall be provided on the plans certifying that any new roadway
meets this 75,000-pound, all-weather requirement. Road base without an appropriate topping or
binding material does not satisfy the all-weather requirement.
6. Provide details identifying the fire apparatus staging location and demonstrate hose-pull distances
from the driveway to all portions of the structure.
7. NFPA 13R sprinkler system is required per CBC 420.4 & CBC 903.2.8.
8. A Knox switch is required for fire department access.
9. Applicant Questions/Carlsbad Fire & Life Safety Responses:
a. The project is evaluating the installation of an NFPA 13D system throughout the facility. Would
this be sufficient to comply with Fire Department requirements?
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Carlsbad Fire & Life Safety Response: NFPA 13 D systems are not allowed in Group R-4 occupancies
per CBC 420.4 & CBC 903.2.8. NFPA 13R is required per CBC 2025.
b. If the project installs a full NFPA 13 system (beyond the typical NFPA 13D residential
requirement), would the Fire Department consider this as a basis to reduce or modify fire
apparatus access requirements, such as:
• Hose lay distance
• Turnaround requirements
• Fire lane length
Carlsbad Fire & Life Safety Response: A formal Alternative Means and Methods Request will be
required if mitigation measures are proposed in lieu of complying with applicable code
requirements. Mitigation measures shall demonstrate equivalency based on quality, strength,
effectiveness, durability, safety, and fire safety.
c. If a full NFPA 13 system is installed, would this impact the required fire flow {GPM} or hydrant
spacing requirements for the project?
Carlsbad Fire & Life Safety Response: The installation of an NFPA 13 system does not impact fire
flow or hydrant spacing.
d. Based on the current schematic site plan, does the design meet the Fire Department's
operational requirements for emergency access and maneuvering?
Carlsbad Fire & Life Safety Response: Based on the current design, fire apparatus lanes do not meet
code requirements. Fire department access roadways for private driveways shall be a minimum of
16ft.
e. The current schematic design considers minimum corridor widths of 4'-0". Would this comply
with requirements for a 15-bed R-4 facility (with up to 6 bedridden residents)?
Carlsbad Fire & Life Safety Response: Carlsbad Fire & Life Safety defers this determination to the
city's Building Division, as corridor widths and means of egress components will be reviewed during
the building plan review process.
f What are the minimum exit and corridor width requirements the Fire Department would apply to
this facility?
Carlsbad Fire & Life Safety Response: Carlsbad Fire & Life Safety defers this determination to the
city's Building Division, as corridor widths and means of egress components will be reviewed during
the building plan review process.
Building:
1. Plans shall be prepared by or under the supervision of a Licensed Architect or Registered
Professional Engineer (Business & Professions Code Sections 5537, 5538, and 6737.1). Please include
stamp on each sheet.
2. Please provide a completed Climate Action Plan (CAP) Consistency Checklists (city forms B-50).
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3. According to the application form, this building is licensed as a residential care facility for the elderly
and proposes an addition and alteration that results in an increase from 12 bedrooms to 15 private
bedroom suites. With a formal application submittal, please state this information on the title sheet
of the plans and specify the following:
a. Is this licensed as a 24-hour care facility?
b. Number of ambulatory?
c. Number of non-ambulatory?
d. Number of bedridden?
4. Please provide the following building data on the first sheet:
a. Identify the occupancy group of the building in accordance with CBC 302. (i.e. R-2.1, R-3.1 or
R-4).
b. Note on plan whether the building is equipped with automatic fire sprinklers or not. CBC
107.2.1.
c. Identify the type of construction of the building in accordance with CBC Table 601.
d. Provide a scope of work statement that itemizes the construction that is to occur under this
permit.
5. Please address all special provisions per CBC Sec. 435 for licensed 24-hour care facilities in R-2.1, R-
3.1, R-4 as applicable:
a. Type of construction provisions CBC 435.4.
b. Building height and area provisions CBC 435.3.
c. Fire-resistance-rated construction provisions CBC 435.5.
d. Interior finish provisions CBC 435.6.
e. Fire protection system provisions CBC 435.7.
f. Means of egress provisions CBC 435.8.
If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Jason Goff at the number below. You may also contact each department individually as follows:
• Planning: Jason Goff, Senior Planner, at (442) 339-2643
• Land Development Engineering: Linda Ontiveros, Assistant Engineer, at (442) 339-2773
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• Fire & Life Safety: Felix Salcedo, Assistant Fire Marshal, at (442) 339-2663
• Building: Jesse Sanchez, Building Official, at (442)-339-2091
Sincerely,
ERIC LARDY, AICP
City Planner
RE:JG:mh
Attachments:
1. Returned redlines from Land Development Engineering
c: david@thegardenscarlsbad.com; David Cooper, 4380 Highland Drive, Carlsbad, CA 92008-4225
Jason Goff
Linda Ontiveros
Felix Salcedo
Jesse Sanchez
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