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HomeMy WebLinkAbout2024-08-21; Planning Commission; Resolution 7518PLANNING COMMISSION RESOLUTION NO. 7518 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, EIR 2022-0005, FOR THE THREE ON GARFIELD PROJECT, AND ADOPTING THE CANDIDATE FINDINGS OF FACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE DEMOLITION OF AN EXISTING THREE- UNIT, RESIDENTIAL AIR-SPACE CONDOMINIUM AND THE DEVELOPMENT OF NEW THREE-UNIT, RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A 0.16-ACRE SITE LOCATED AT 2685, 2687, AND 2689 GARFIELD STREET, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: THREE ON GARFIELD CASE NO.: EIR 2022-0005 (DEV2020-0205) WHEREAS, Renee Wailes, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as PARCEL 1, IN THE CTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP NO. 12124, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 20, 1982 ("the Property"); and WHEREAS, pursuant to the California Environmental Quality Act (CEQA, Public Resources Code section 21000 et. seq.) and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq., the city is the Lead Agency for the project, as the public agency with the principal responsibility for approving the proposed project; and WHEREAS, a Project Environmental Impact Report (EIR 2022-0005) was prepared in conjunction with said project; and WHEREAS, in accordance with CEQA Guidelines section 15082, the city distributed a Notice of Preparation ("NOP") of an EIR to the State Clearinghouse, local and regional responsible agencies, and other interested parties on Nov. 17, 2022, for a 30-day comment period which ended on Dec. 19, 2022;and WHEREAS, the Draft EIR for the proposed Project was then prepared in accordance with CEQA Guidelines sections 15120 through 15131 and circulated for review and comment by the public, agencies, and organizations and was circulated for public review and comment pursuant to the State CEQA Guidelines by filing a Notice of Availability ("NOA") of the Draft EIR for review with the County Clerk of San Diego. The NOA was also mailed to organizations and parties expressing interest in the Project on Oct. 30, 2023, notifying the general public, public agencies, and interested individuals and organizations that a 45-day public review period would end on Dec. 14, 2023. The NOA was also filed with the City Clerk, published in the Coast News, and posted on the City's website; and WHEREAS, a Notice of Completion the Draft EIR was circulated to State agencies for review through the State Clearinghouse, Office of Planning and Research (SCH No. 2022110423) on Oct. 26,2023;and WHEREAS, the City received comments concerning the Draft EIR from public agencies, organizations, and individuals, and pursuant to CEQA Guidelines sections 15086 and 15088. The city received three comment letters during the 45-day public comment period, two of which were submitted by members of the public or public organizations and one of which was submitted by a public agency, the California Department of Toxic Substances Control. A response to comments document was prepared and responds to all of the comment letters received on the Draft EIR; and WHEREAS, the city has determined that the comments received on the Draft EIR did not contain any significant new information within the meaning of CEQA Guidelines section 15088.5 and therefore, recirculation of the Draft EIR is not required; and WHEREAS, CEQA and the CEQA Guidelines provide that no public agency shall approve or carry out a project for which an EIR has been completed that identifies one or more significant effects of the project unless the public agency makes certain written findings for each of the significant effects, accompanied by a statement of facts supporting each finding; and WHEREAS, CEQA and the CEQA Guidelines require that where an agency approves a project that would allow the occurrence of significant environmental effects which are identified in an EIR, but are not mitigated to a level of insignificance; the Lead Agency state in writing the specific reasons supporting its action based on the Final EIR and/or other information in the record; and WHEREAS, pursuant to CEQA Guidelines sections 15091, 15093, and 15097, the city has prepared CEQA Findings of Fact, a Statement of Overriding Considerations, and a MMRP, which have been filed with the city (Attachments "B" and "C," which are incorporated herein by this reference as though fully set forth herein); and WHEREAS, the Planning Commission did on Aug. 21, 2024, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the Project EIR, Candidate Findings of Fact, Statement of Overriding Considerations, and MMRP, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Project EIR. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That the Final Project Environmental Impact Report, dated March 2024, consists of the Draft Project Environmental Impact Report, EIR 2022-0005, appendices, written comments and responses to comments, as amended to include the comments and documents of those testifying at the public hearing and responses thereto, is hereby found to be in good faith and reason by incorporating a copy of the minutes of said public hearing into the report, all on file in the Planning Division incorporated by this reference, and collectively referred to as the "Report." C) The Planning Commission independently and jointly reviewed and analyzed the Final EIR, and these documents reflect the independent judgment of the Planning Commission and the city as the Lead Agency for the Project. The Planning Commission considered all significant impacts, mitigation measures, project alternatives identified in the Final EIR, and considered all written and oral communications from the public regarding the environmental analysis, and found that specific economic, legal, social, technological, or other considerations, make infeasible the mitigation measures or project alternatives identified in the Final EIR. The Planning Commission finds the Final EIR environmental document is complete and the valid environmental review for this Project. D) That based on the evidence presented at the public hearing, the Planning Commission hereby CERTIFIES the Final EIR, "Attachment A," and ADOPTS the Candidate Findings of Fact ("CEQA Findings"), AND THE Statement of Overriding Considerations ("Statement"), attached hereto marked as "Attachment B" and incorporated by this reference and the MMRP ("Program"), attached hereto marked as "Attachment C" and incorporated by this reference; based on the following findings and subject to the following conditions. Findings: 1. The Planning Commission of the City of Carlsbad does hereby find that the Final Project EIR 2022- 0005, the Candidate Findings of Fact, Statement of Overriding Considerations, and the MMRP, have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Carlsbad. 2. The Developer/Owner has agreed to implement all mitigation measures identified in the Final EIR in order to reduce all potentially significant environmental impacts to a less-than-significant level, in accordance with the MMRP. 3. That the Final EIR is adequate and provides good-faith disclosure of available information on the project and all reasonable and feasible alternatives thereto. The Final EIR has determined that any remaining significant effects on the environment found to be unavoidable under CEQA Guidelines section 15091 are acceptable due to overriding concerns as described in section 15093. 4. The Planning Commission has balanced the benefits of the Project against its unavoidable environmental risks in making its decision on this Project, has analyzed the information submitted by city staff and considered any written and oral comments received at the public hearing, including all factors relating to the Project, and has determined that any remaining unavoidable significant impacts are outweighed by specific economic, legal, social, or other benefits of the Project. 5. The Planning Commission does accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the CEQA Findings ("Attachment B"), including feasibility of mitigation measures pursuant to Public Resources Code section 21081 and CEQA Guidelines section 15091, and infeasibility of project alternatives. 6. The Record of Proceedings for this Project includes, but is not limited to: (1) the Final EIR and the appendices and technical reports cited in and/or relied upon in preparing the Final EIR and MMRP; (2) the staff reports, city files and records and other documents, prepared for and/or submitted to the city relating to the Final EIR, MMRP, and the project itself; (3) the evidence, facts, findings and other determinations set forth in herein; (4) the General Plan, Carlsbad Municipal Code, and Local Facility Management Plan; (5) all designs, plans, studies, data and correspondence submitted to the city in connection with the Final EIR, the MMRP, and the Project itself; (6) all THREE ON GARFIELD PROJECT FINAL ENVIRONMENTAL IMPACT REPORT SCH No. 2022110423 March 2024 Prepared for: Community Development Department Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 Attachment A Aug. 21, 2024 Item #1 13 of 128 ------- C cityof Carlsbad Aug. 21, 2024 Item #1 14 of 128 Three on Garfield Project City of Carlsbad Final EIR March 2024 i THREE ON GARFIELD PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CONTENTS Page 1.Introduction .......................................................................................................................................... 1-1 1.1 Overview ................................................................................................................................... 1-1 1.2 Format of the Final EIR .............................................................................................................. 1-1 2.Responses to Comments ...................................................................................................................... 2-1 2.1 Introduction .............................................................................................................................. 2-1 2.2 Comments and Responses ........................................................................................................ 2-2 2.3 Agency Letters ........................................................................................................................... 2-3 2.3.1 Letter A1: California Department of Toxic Substances Control ................................... 2-3 2.4 Organizations Letters ................................................................................................................ 2-6 2.4.1 Letter O1: San Diego County Archaeological Society, Inc. ........................................... 2-6 2.5 Individuals Letters ..................................................................................................................... 2-9 2.5.1 Letter I1: Armistead Smith ........................................................................................... 2-9 3.Mitigation Monitoring and Reporting Program ............................................................................... 3-1 Tables Table RTC-1 List of Commenting Agencies, Organizations, and Individuals .................................................... 2-2 Aug. 21, 2024 Item #1 15 of 128 Contents City of Carlsbad Three on Garfield Project March 2024 Final EIR ii INTENTIONALLY BLANK Aug. 21, 2024 Item #1 16 of 128 Three on Garfield Project City of Carlsbad Final EIR March 2024 1-1 THREE ON GARFIELD PROJECT FINAL ENVIRONMENTAL IMPACT REPORT 1. INTRODUCTION 1.1 Overview This Final Environmental Impact Report (FEIR) has been prepared in accordance with the California Environmental Quality Act (CEQA) as amended (Public Resources Code Section 21000 et. seq.) and the CEQA Guidelines (California Administrative Code Section 15000 et seq.). According to the CEQA Guidelines Section 15132, the FEIR shall consist of the following: a) The Draft Environmental Impact Report (DEIR) or a revision of the DEIR; b) Comments and recommendations received on the DEIR, either verbatim or in summary; c) A list of persons, organizations, and public agencies commenting on the DEIR; d) The responses of the Lead Agency to significant environmental points raised in the review and consultation process; and e) Any other information added by the Lead Agency. In accordance with these requirements, the Three on Garfield Project Environmental Impact Report (EIR) includes the following: • This FEIR document, dated March 2024, that incorporates the information required by CEQA Guidelines Section 15132, including responses to comments received on the DEIR; and • The DEIR document, dated October 2023 (SCH #2022110423). 1.2 Format of the Final EIR This document is organized as follows:  Section 1: Introduction: This section describes CEQA requirements and the contents of this FEIR.  Section 2: Response to Comment Letters Received on the DEIR. This section provides copies of the written comment letters received and individual responses to comments. In accordance with Public Resources Code Section 21092.5, copies of the written responses to public agencies will be forwarded to the agencies at least 10 days prior to certifying an EIR. The responses will conform to the legal standards established for responses to comments on EIRs. Aug. 21, 2024 Item #1 17 of 128 Chapter 1. Introduction City of Carlsbad Three on Garfield Project March 2024 Final EIR 1-2  Section 3: Mitigation Monitoring and Reporting Program: This section includes the Mitigation Monitoring and Reporting Program (MMRP), which identifies the mitigation measures for the project, timing, and responsibility for implementation of the measures. Aug. 21, 2024 Item #1 18 of 128 Three on Garfield Project City of Carlsbad Final EIR March 2024 2-1 2. RESPONSES TO COMMENTS 2.1 Introduction Letters of comment to the Draft Environmental Impact Report (DEIR) were received from agencies, organizations, and individuals (see below table) during the 45-day public review from October 30, 2023, to December 15, 2023. There were three comment letters and/or e-mails received by the city during the DEIR public review period. No late letters were received after the public review period closed at 5 p.m. on December 15, 2023. In addition, during the public review period, consistent with the requirements of Carlsbad Municipal Code (CMC) Section 2.42.040, the City of Carlsbad Historic Preservation Commission (Commission) reviewed the DEIR to provide any DEIR feedback to staff. This regularly scheduled meeting was conducted on November 13, 2023. During the Historic Preservation Commission meeting, a presentation regarding the project was provided by city staff. Commission members asked questions regarding the construction date of the structure and asked for clarification regarding criterion used for determination of the structure’s historic status. A Commission member indicated that the DEIR has been completed consistent with the purposes of CEQA and identifies a significant and unavoidable impact to historic resources, provides mitigation for the identified impact, and concludes that the impact to historic resources would remain significant and unavoidable after implementation of mitigation. A second Commission member agreed with these comments; however, another Commission member requested additional time to review the document. A special meeting of the Historic Preservation Commission was held on November 30, 2023, to complete the Historic Preservation Commission’s review of the DEIR. During the November 30, 2023, meeting, a Commissioner asked for clarifications regarding mitigation and alternatives. Additional comments from the Commissioners addressed the proposed mitigation, and whether the building is special or architecturally significant. No comments from the two Historic Preservation Commission meetings raised issues or concerns regarding the adequacy of or the content of the DEIR. Comments that address environmental issues related to the DEIR are addressed in full in this Final EIR (FEIR). Comments that (1) do not address the adequacy or completeness of the DEIR; (2) do not raise environmental issues; or (3) request the incorporation of additional information not relevant to environmental issues, do not require a response, pursuant to CEQA Guidelines Section 15088(a). Individual comments within each letter are bracketed and subsequently numbered in the margin of the comment letter. Bracketed/numbered comment letters are placed before the responses to the letter. Table RTC-1, List of Commenting Agencies, Organizations, and Individuals, provides a list of each of the comment letters received, organized by type commenter (i.e., agencies, organizations, and individuals). Information provided in the response to comments (RTC) clarifies or amplifies information included in the DEIR; however, the RTC did not require changes to the information contained in the DEIR. No significant new information has been added that would require recirculation of the document, per CEQA Guidelines Section 15088.5. Aug. 21, 2024 Item #1 19 of 128 Chapter 2. Responses to Comments City of Carlsbad Three on Garfield Project March 2024 Final EIR 2-2 Table RTC-1 LIST OF COMMENTING AGENCIES, ORGANIZATIONS, AND INDIVIDUALS Letter Commenter Date Page Agencies A1 California Department of Toxic Substances Control December 14, 2023 RTC-2-3 Organizations O1 San Diego County Archaeological Society, Inc. December 2, 2023 RTC-2-6 Individuals I1 Armistead Smith December 8, 2023 RTC-2-9 2.2 Comments and Responses Responses to specific comments in the letters received by the city during public review are provided in this section of the FEIR. The bracketed letters and corresponding responses are arranged in the order presented in Table RTC-1. Opinions concerning issues not within the purview of CEQA, as well as expressions of opposition or support for a project, are made a part of the administrative record and forwarded to the decision makers for their consideration but they do not require a response in a CEQA document. Aug. 21, 2024 Item #1 20 of 128 I I I I I I I I I I I I Chapter 2. Responses to Comments Comments Responses Three on Garfield Project City of Carlsbad Final EIR March 2024 2-3 2.3 Agency Letters 2.3.1 Letter A1: California Department of Toxic Substances Control A1-1 DTSC’s summary of the project description is acknowledged. Aug. 21, 2024 Item #1 21 of 128 ,,,,., A1-1 YanaGMcia ~ctf'!:lfylol Enwtw'IIIM-,t:IIProtKton December 14, 2023 Kyle Van Leeuwen Associate Planner Ctty of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Department of Toxic Substances Control Meredith Williams, Ph.D. Director 6800 Cal Center Drive Sacramenlo, ca!iforma 95826-3200 SENT VIA ELECTRONIC MAIL kyle. vanleeuwen@ca rlsbadca .gov Letter A1 RE: DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE THREE ON GARFIELD PROJECT DATED OCTOBER 30, 2023 STATE CLEARINGHOUSE NUMBER2022110423 Dear Kyle Van LeelN/en, The Department of Toxic Substances Control (DTSC) received an EIR for the Three on Garfield project (Project). The Project proposes demolttion of an existing three-story structure, containing three attached residential air-space condominiums, each with a first-floor, two-car garage, accessed from Beech Avenue, and the construction of three attached, three-story residential air-space condominiums wtth first-floor garages. Vehicular access is proposed to be provided via Beech Avenue. Each residential unit includes an attached two-car garage with direct entrance into the unit. The units range in size from 1,701 square feet to 1,713 square feet. After reviewing the project, DTSC recommends and requests consideration of the following comment: Chapter 2. Responses to Comments Comments Responses City of Carlsbad Three on Garfield Project March 2024 Final EIR 2-4 A1-2 As described in the DEIR, the structure is proposed for demolition and was constructed in 1982. This comment from the DTSC recommends surveys for the presence of lead-based paints or products, mercury, asbestos- containing materials, and polychlorinated biphenyl caulk; however, per DTSC’s referenced guidance (DTSC 2006), residential structures with paint or surface coatings constructed on or after January 1, 1979, are excepted from the presumed presence of lead-based paint. Similarly, due to the age of the existing structure, mercury, asbestos-containing materials, and polychlorinated biphenyl caulk are not expected to be present. Hazardous materials and hazardous wastes are highly regulated, and the project would be required to adhere to applicable regulations regarding hazardous materials and hazardous waste, including appropriate demolition and material removal procedures, to ensure that demolition of the existing structure and the construction of the project would not result in a release of hazardous materials, including those identified in the comment. The project would adhere to all applicable regulations regarding hazardous materials and hazardous waste, including those associated with the demolition of the existing structure. Therefore, as stated in DEIR Section 6.5.7, the project would result in less than significant impacts related to hazards and hazardous materials. A1-3 As discussed in DEIR Section 3.5, the project would require 140 cubic yards of soil export. The project site has previously been developed with a residential use, and the import of fill material is not expected or proposed. Thus, the recommended soil sampling would not be necessary. Aug. 21, 2024 Item #1 22 of 128 A1-2 Kyle Van Leeuwen December 14, 2023 Page 2 1. If buildings or other structures are to be demolished on any project sites included in the proposed project, surveys should be conducted for the presence of lead- based paints or products, mercury, asbestos containing materials, and polychlorinated biphenyl caulk. Removal, demolrtion, and disposal of any of the above-mentioned chemicals should be conducted in compliance wrth Calfornia environmental regulations and policies. In addtt:ion, sampling near current and/or former buildings should be conducted in accordance with DTSC's 2006 Interim Guidance Evaluation of School Sites with Potential Contamination from Lead Based Paint Termiticides snd Electrical Transformers 2. DTSC recommends that all imported soil and fill material should be tested to ensure any contaminants of concern are within approved screening levels for the intended land use. To minimize the possibility of introducing contaminated soil A1-3 and fill material there should be documentation of the origins of the soil or fill material and. if applicable. sampling be conducted to ensure that the imported soil and fill material meets screening levels for the intended land use. The soil sampling should include analysis based on the source of the fill and knowledge of the prior land use. DTSC appreciates the opportunity to comment on the EIR for the Three on Garfield project. If you have any questions or concerns, simply respond to this email for guidance. Sincerely, Dave Ke reazis Associate Environmental Planner HWMP-Permitting Division -CEQA Unit Department of Toxic Substances Control Dave. Ke reazis@dtsc.ca .gov Chapter 2. Responses to Comments Comments Responses Three on Garfield Project City of Carlsbad Final EIR March 2024 2-5 Aug. 21, 2024 Item #1 23 of 128 Kyle Van Leeuwen December 14, 2023 Page3 cc: (via email) Governor's Office of Planning and Research State Clearinghouse State.Clearinqhouse@opr.ca.gov Tamara Purvis Associate Environmental Planner HWMP -Permitting Division -CEQA Unit Department of Toxic Substances Control Tamara.Purvis@dtsc.ca.gov Scott Wiley Associate Governmental Program Analyst HWMP -Permitting Division -CEQA Unit Department of Toxic Substances Control Scott.Wiley@dtsc.ca.qov Chapter 2. Responses to Comments Comments Responses City of Carlsbad Three on Garfield Project March 2024 Final EIR 2-6 2.4 Organizations Letters 2.4.1 Letter O1: San Diego County Archaeological Society, Inc. O1-1 Each of the objectives listed in the DEIR, (stated in DEIR Sections 3.3 and 5.2.1), are project objectives identified by the project applicant for the project. Per CEQA Guidelines Section 15124(b), “the statement of objectives should include the underlying purpose of the project and may discuss benefits.” Demolition of the existing structure is a primary objective of the project. The specific comments regarding the intent of the listed objectives 1, 4–6, 9, and 10 do not raise issues regarding the adequacy of the DEIR, but rather indicate the commentor’s disagreement with the project objectives identified by the project applicant. The DEIR analysis of historical resources is based on the Historical Resources Assessment Report (HRAR) (Appendix B) and concludes that the proposed demolition of the existing structure would result in significant and unavoidable impacts. Aug. 21, 2024 Item #1 24 of 128 Letter 01 o'E.CO Co(/ ~· +>,. .,~·. ► San Diego County Archaeological Society, Inc. ,. ... "C'I O 4-, Environmental Review Committee ,s. c,' -ff'. -,0 2 Dect:mber 2023 01-1 0toc, cP.'- To: Mr. Kyle Van Leeuwen, Associate Planner Plam1ing Division City of Carlsbad I 635 Faraday A venue Carlsbad, California 92008 Subjt:ct: Uraft Environmental Impact Report Thret: on Garfield PUfl 2021-0003, SflP 2021-0008, CflP 202 1-0010, MS 2023-0002, NCP 2021-0001, EIR 2022-0005 Dear Mr. Van Lt!euwen: J have reviewed the cultural resources aspects of the subject DEIR on behalf of this commiuee or lht: San Dic.::go County Archat:ological Society. Based on the information contained in the DErR and its Appendices B, C and n, we have the following comments: Section 5.2.1 of tht:: DEIR lists Project Objectives whi<..:h \.Vere overtly inten<le<l tu justify tht: demolition of the current structures, which have been recommended (in Appendix B) as digible for inclusion in the California Register. For example: O'ojt:clive 1 explicitly says lhat an u'ojective is tu remove the existing: struclu~. • Objt:ctiYt: 4 is moot, as any new const.J.\lction or other «ction wiH have to comply with applicable codes and standards. • Objective 5 is not applicable as the project is not intill, it is purely replacement of three with three dwelling units. • Objective 6 is an obvious statement that the applicant docs not like the historic design and uses that lo justify demolition of the historic structure. Objective 9 is unncccssaT}' as nothing prohibits internal changes to historic private residences. • Objective IO is another attempt to justif)' the destruction of an historic structure. The current structures presumably complied with, and continue to comply with, all requirements imposed by the City of Carlsbml. The deliberate, intentional demolition uf an historic resource is nut a legitimate project objective and should be rejected by the City. P.O. Box B1106 San Diego, CA 92138-1106 {858) 538-0935 Chapter 2. Responses to Comments Comments Responses Three on Garfield Project City of Carlsbad Final EIR March 2024 2-7 O1-2 Appendix D, Victor Condo Building Feasibility Study, of the DEIR incorrectly references a “Conceptual Opinion of Probable Costs” prepared by Campbell-Anderson & Associates; however, an Economic Analysis for the project was prepared by Worden Williams, LLP, utilizing a market valuation (Eshelman Appraisals, Inc. 2023) and construction costs estimates (WNC Contractors, Inc. 2024). An Economic Analysis is not required as part of the CEQA analysis or as components of the DEIR. The omission of the economic analysis does not affect the adequacy or content of the DEIR and does not alter the environmental impacts of the project or the conclusions of the DEIR. CEQA Guidelines Section 15131 specifically states that economic effects of a project shall not be treated as significant effects on the environment. However, economic factors shall be considered by public agencies in deciding whether changes in a project are feasible to reduce or avoid a project’s significant effects. If economic information is not presented in the EIR, the information can be added to the record in a manner to allow the public agency to consider economics (and other social, technological, and environmental factors) when reaching a decision on the project. As such, the economic analysis referenced in the appendix will be disclosed in the future, should the city choose to use economics when deciding to approve or deny the project. O1-3 This comment is correct, the HRAR states that implementation of identified mitigation would not reduce the impacts of demolition to a historic structure to a less-than-significant level. The text of the DEIR also indicates that implementation of Mitigation Measures CR-1, CR-2, and CR-3 would not reduce impacts to historical resources to a less-than-significant level (refer to Section 4.3.7 in DEIR Section 4.3, Historical, Cultural, and Tribal Cultural Resources). As discussed in Section 4.3.7, the identified measures would not be enough to avoid, rectify, or reduce or compensate for the loss of the building. A substantial adverse change to a historic resource would occur which would be inconsistent with the Secretary of the Interior Aug. 21, 2024 Item #1 25 of 128 01-2 01-3 01-4 Appendix Dis u feasibility study ofpre.serv1.1tion alternatives. The version ofthul report posted for public review omits the inforrnation in the "Conceptual Opi1lion of Probable Costs", prepared by Campbell-Anderson & /\ssociatcs, (nc. While the financial aspects of the project should generally not be a factor in the City's decision-making, the analysis which the appendix contained is rdevunt lo the public review and should be disclosed. /\s /\ppcndix B, on page 60, states, the proposed HA8S rccordation of the existing structures (Mitigation Measure CR-I, and the related CR-2 and CR-3) does not mitigate the impacts of demolition to I.he level of insignificance. Therefore. the City must produce findings oveiTiding the impacts of demolition. Section S of the DEIR demonstrates that there are feasible alternatives to demolition. muking overriding findings unsupportable. Regarding J\1litigation :Vlcasure CR•4, any historic period material recovered, such as related to agricultural operations or the construction of the present st'11crures, would presumably not l.x: subject to repatriation. This can likely be resolved between the Tribal and archaeological monitors. Thank you for the opportunity to respond to the posted documents as part of the public review process for this project. cc: ASM Affiliates SDCAS President Pile Sincerely, ~7~, ~es W. Royle, Jr., C~so~ Envinmmt:ntul Review Committee P.O. Uo,c 81106 • San Diego, CA 92138-1106 • (858) 538-0935 Chapter 2. Responses to Comments Comments Responses City of Carlsbad Three on Garfield Project March 2024 Final EIR 2-8 Standards, and the DEIR concludes that the impact would be significant and unavoidable. Because of this impact conclusion, the city acknowledges that it would be required to produce Candidate Findings and a Statement of Overriding Considerations in order to approve the project. CEQA (Public Resources Code Section 21000 et seq.) and the CEQA Guidelines (14 California Code of Regulations Section 15000 et seq.) require that no public agency shall approve or carry out a project for which an EIR has been certified that identifies one or more significant environmental impacts of the project unless the public agency makes one or more written findings for each of those significant impacts, accompanied by a brief explanation of the rationale for each finding. CEQA further requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental effects when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable" (CEQA Guidelines Section 15093(a)). The City, as lead agency, is responsible for making the findings for the project, in compliance with CEQA and the CEQA Guidelines. O1-4 This comment is correct, repatriation of history-period materials would not occur, and any repatriation issues related to archaeological materials would be resolved between the Tribal and archaeological monitors. Aug. 21, 2024 Item #1 26 of 128 Chapter 2. Responses to Comments Comments Responses Three on Garfield Project City of Carlsbad Final EIR March 2024 2-9 2.5 Individuals Letters 2.5.1 Letter I1: Armistead Smith I1-1 Comment noted. However, as indicated in project objectives outlined in DEIR Chapter 3, the project applicant’s proposal is to demolish and not remodel the existing structure. To clarify, there is no mitigation proposed for the project that retains or preserves the historic facade of the building at its current location, but Mitigation Measure CR-3 would allow for salvage of character-defining features of the building. The Partial and Full Rehabilitation Alternatives identified in DEIR Chapter 5, Alternatives, would allow for the possible retention of the facade through reconstruction of the false front facade, in kind, due to significant dry rot documented to occur throughout the facade. I1-2 Comment noted, attachments were received. This comment does not address the adequacy or content of the DEIR. Refer to response to comment O1-2, which describes the role of economics in the CEQA process, as outlined in CEQA Guidelines Section 15131. I1-3 Although this comment identifies an “omission in the report”, the background information regarding the development of GoHomes and programs teaching architects strategies to stop urban sprawl are not relevant in the context of or conclusions reached in the DEIR discussion. The Historical Resources Assessment Report (HRAR), located in DEIR Appendix B, does contain a brief discussion of the GoHomes program Aug. 21, 2024 Item #1 27 of 128 11-1 I 11-2 Smith and Others Architects 1910 State Street n 208 San Diego, CA 92101 December 8, 2023 City of Carlsbad Community Development Department Planning Division 1635 Faraday Ave. Carlsbad, CA 92008 Attention Kyle Van Leeuwen Re: Three on Garfield project ( Victor Condo) Draft EIR Good morning Mr. Van Leeuwen, Letter 11 I wanted to be sure those who are reviewing this demolition permit, are aware of the offer we have made to provide pro bona architectural design services as regards accomplishing one of the proposed means of mitigation out lined in the EIR, a remodel that saves the historic facades of the building. Attached please find: 1. An economic analysis provided by our office to determine a cost to remcxtel the portion of the building impacted by the neighboring view blocking new building to the West, that partially instigated the owners interest in demolishing the three condos and replacing them with another three condos of the same size. The analysis prepared and presented to the owner's representative, the ex-husband of the petitioner, in June of 2022 outlines how a remodel of the structure to solve the issue caused by the view blockage could be close to free given the Mills Act tax advantage closely matching the financed cost of the remodel. Although interest rates are higher today, a similar advantage, if not break even would be possible. Smith and Others is a development firm as well as architects, with extensive experience preparing economic analysis, and construction cost estimating. 2. Plans of the proposed remodel showing the addition in plan and section In addition, we would like to place in the record an omission in the report. The central thesis behind our development work over the last 40 years has been the invention and development of "GoHomes", which are market rate affordable housing where bedroom suites in a unit are 11-3 designed to be shared by unrelated adults. Victor Condo is the first built example of the strategy where these suites are provided with private exterior doors and the option to use a master bedroom vanity as a mini kitchenette or for roommates to live together using the main kitchen. The suit is flexible so that it can be used as a third bedroom or an affordable rental Chapter 2. Responses to Comments Comments Responses City of Carlsbad Three on Garfield Project March 2024 Final EIR 2-10 in the “Historic Context” section of the HRAR, as part of the overall discussion of the architect’s background. As discussed in DEIR Section 4.3.4.1, both the HRAR and the DEIR identify the Victor Condo as a structure recommended as eligible for listing in the California Register of Historical Resources under Criterion 3 (it embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values). Additionally, the HRAR and DEIR Section 4.3.4.1 recommend the Victor Condo as eligible for listing as a Carlsbad Historic Resource, provided there was owner consent, under local criteria a and c because it exemplifies special elements of the city’s architectural history, specifically Postmodern architecture. The additional information provided regarding the GoHomes program and programs teaching architects strategies to stop urban sprawl would not affect or alter the resource’s eligibility or the conclusions of the HRAR or DEIR, which identifies Victor Condo as a historical resource for the purposes of CEQA. I1-4 The Feasibility Study prepared for Victor Condo, included in DEIR Appendix D, documents the condition of the property based on a field investigation conducted in July 2023. The field investigation was conducted by two surveyors, including one that meets the Secretary of the Interior’s Professional Qualification Standards for Architecture and Historic Architecture (refer to page 1 of DEIR Appendix D, Victor Condo Building Feasibility Study). The field investigation included a visual survey of accessible exterior and interior areas of the property. Photographs of the existing conditions of the property are included in pages 17 through 36 of the Feasibility Study. While it is unclear if the commentor has the expertise for evaluating the condition of the property, the preparer of the Feasibility Study does have expertise in the field of historic preservation. CEQA Guidelines Section 15151, Standards for Adequacy of an EIR, states that “Disagreement among experts does not make an EIR inadequate, but the EIR should summarize the main points of disagreement among the experts.” In this case, it is assumed that the commenter does not have the Aug. 21, 2024 Item #1 28 of 128 11-3 cont. 11-4 11-s j providing financial benefit to both the sub tenant and the owner. We have gone on to build many such housing opportunities that have mostly been constructed in the City of San Diego. The most notable example is the Via Donada project where six suites share a kitchen. The project was extensively published most notably in Art and Architecture, article attached. I founded Woodbury University's Master's in Real Estate Development program primarily to teach this strategy to architects hoping to stop sprawl, density the suburban condition, and provide affordability. The program ran successfully for 14 years graduating over a hundred trained architect developers who have gone on to build the majority of San Diego first ring housing in Hilk rest, North Park, South Park, University Heights, Normal Heights and Golden Hills as well as many projects in the urban core. The first project in this rather long history was Victor Condo. I am hoping that accomplishment can add further credence to the report's conclusion that the project is a significant example worth saving. We also would like to take exception to the reports structural condition report. When we presented the Mills Act remodel proposal. We were invited into the building where the interior framing had been examined and uncovered exposing a structural frame showing no damage at all to the wood in the interior from leakage. They were no on-going leak pointed out and if there was any noticeable mold at all, ( I did not see any mold or smell anything) it was not serious enough to cause demolition. We also observed a slight calcification of lime on the interior of the retaining walls, that is very normal in buildings even a year old, and easily mitigated. There were no visible structural deficiencies. We disagree whole heartedly with the report's description of the structural integrity posing any problem approaching a need to demolish. Anc:I finally, please make it be known that we are willing and able to help the owner in any way possible to remodel or even purchase or market the property on their behalf. Thank you for attaching this letter and attached illustrations as responses to the EIR. Sincerely, (?J()O,,, "-- Armistead Smith Chapter 2. Responses to Comments Comments Responses Three on Garfield Project City of Carlsbad Final EIR March 2024 2-11 Secretary of the Interior’s Professional Qualification Standards for Architecture and Historic Architecture expertise for evaluating the condition of the property. No revisions to the DEIR are necessary or have been made in response to this comment; however, the commentor’s disagreement with the conclusions of the expert’s Feasibility Report are noted. I1-5 Comment noted; as noted in DEIR Chapter 3, the project objectives do not state the applicant’s desire to remodel the Victor Condo building. This comment does not address the adequacy or content of the DEIR. Aug. 21, 2024 Item #1 29 of 128 Victor Condo Property Tax Reduction, Mills Act Current Tax estimate $ 1,265,202.00 $ 893,499.00 $ 959,842.00 $ 3,118,543.00 total assessment ( purchase price) tax rate 0.0125 $ 38,981.79 current yearly tax estimate Mills Act Tax estimate or more? tax rate s 5,500.00 market rental rate each for Mills Act? $ 16,500.00 assume all three the same $ 198,000.00 yearly Gross Scheduled Income 30% $ 59,400.00 typical operating expenses and vacancy $ 138,600.00 Net Operating Income Mills Act cap Rate 6.75% interest component 4% Hstoric Property risk component 1.67¾ Amortization component 1.24% pre>perty tax component 13.66% total Cap rate $ 1,014,641.29 Mills Act determination of value for Taxes 0.0125 $ 12,683.02 ~arly tax $ 26,298.77 ~arly tax savings Calculation of potential matching borrowed budget rate 4¾ $ (26,294.59) yearly mortgage portion of refi or 2nd TD ($2,191.22) Refurbish budget monthly payment@ 1504 Existing Square footage ( no garage) 4512 Total Three Buildings S 108.15 Loan Budget per foot tax savings would finance $ 487,972.80 remodel and refurbish budget Chapter 2. Responses to Comments Comments Responses City of Carlsbad Three on Garfield Project March 2024 Final EIR 2-12 Aug. 21, 2024 Item #1 30 of 128 REFURBISH BUDGET HARD SOFT 9 Bathrooms 3 kitchens strip to studs $ 6,500.00 $ 30,000.00 wa ter proof. Front retaining wall new roof deck ( recent new roof ) new floor coverings most windows newly replaced new window coverings repaint contingency Contractor consultants reduced permit misc. subtotal 10% construction peric:x:l insurance carry empty building financing Soft Contingency Total Refurbish Budget Budget based man Mills Act Tax Savings Assumed Estimate of Existing Equity $ 893,499.00 $ 959,842.00 $ 1,265,202.00 $ 3,118,543.00 20¾ $ 623,708.60 $ 264,603.73 $ 58,500.00 $ 90,000.00 $ 20,000.00 $ 35,000.00 $ 45,000.00 $ 15,000.00 $ 20,000.00 $ 25,000.00 $ 75,000.00 $ 383,500.00 $ 38,350.00 $ 421,850.00 $ 10,000.00 $ s 5,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 481,850.00 $ 487,972.80 Condo 1 Condo2 Condo 3 Total Purchase assumed equity equity required Chapter 2. Responses to Comments Comments Responses Three on Garfield Project City of Carlsbad Final EIR March 2024 2-13 Aug. 21, 2024 Item #1 31 of 128 -.. •·,,.·., --:-----:=<,i----,7.T,-;' .P I !"'··. Chapter 2. Responses to Comments Comments Responses City of Carlsbad Three on Garfield Project March 2024 Final EIR 2-14 Aug. 21, 2024 Item #1 32 of 128 Chapter 2. Responses to Comments Comments Responses Three on Garfield Project City of Carlsbad Final EIR March 2024 2-15 Aug. 21, 2024 Item #1 33 of 128 She I Horn From: Sent: Kyle Van Leeuwen <Kyle.VanLeeuwen@carlsbadca.gov> Thursday, December 14, 2023 8:49 AM To: Sheryl Horn Kim Baranek Cc, Subje-ct: FW: Three on Garfield GoHome information and plans Second email, -KVL Fram: A B SM!™ ,csm1thandotl!ers9<X>xcnot> Sant: Thursday, o ... mber 14 2023 8:28 AM To: K~ Van l.ffuwen <1(¥e.YanLeeuwanOCilrlsbadcii.tpV> Sllbllct: Three on Garfield GoHome informitiOn and phms Sometimes thi1jpeJ111 don\ fflliil ~11. P14Ue let me know ~u recei\edr th""i•c.c•~nc.dth..=•Y._•~"''-------. arts architecture Chapter 2. Responses to Comments Comments Responses City of Carlsbad Three on Garfield Project March 2024 Final EIR 2-16 Aug. 21, 2024 Item #1 34 of 128 Chapter 2. Responses to Comments Comments Responses Three on Garfield Project City of Carlsbad Final EIR March 2024 2-17 Aug. 21, 2024 Item #1 35 of 128 Chapter 2. Responses to Comments Comments Responses City of Carlsbad Three on Garfield Project March 2024 Final EIR 2-18 Aug. 21, 2024 Item #1 36 of 128 Chapter 2. Responses to Comments Comments Responses Three on Garfield Project City of Carlsbad Final EIR March 2024 2-19Aug. 21, 2024 Item #1 37 of 128 Chapter 2. Responses to Comments City of Carlsbad Three on Garfield Project March 2024 Final EIR 2-20 INTENTIONALLY BLANK Aug. 21, 2024 Item #1 38 of 128 Three on Garfield Project City of Carlsbad Final EIR March 2024 3-1 3. MITIGATION MONITORING AND REPORTING PROGRAM Project Name: Three on Garfield Project Location: 2685, 2687, and 2689 Garfield Street, Carlsbad, California Project Description: Three attached, three-story residential air-space condominiums City Contact: Kyle Van Leeuwen, Associate Planner, Carlsbad Planning Division; Phone Number: 442.339.2611 Mitigation Measure Responsible for Mitigation Responsible for Verification Method of Verification Timing of Verification Verification Date Comments Historical, Cultural, and Tribal Cultural Resources MM CR- 1- Historic American Building Survey (HABS) Documentation Prior to the issuance of the demolition permits, the Victor Condo building shall be documented to Historic American Buildings Survey (HABS) Level 2 standards according to the outline format described in the Historic American Building Survey Guidelines for Preparing Written Historical Descriptive Data. The documentation shall be undertaken by a qualified professional who meets Secretary of the Interior’s Professional Qualification Standards (36 CFR, part 61) for architectural history. The documentation shall consist of the following: • Photographic Documentation: Documentation should follow the Photographic Specification– Historic American Building Survey, including 15 to 20 archival quality, large-format photographs of the exterior and interior of the building and its architectural elements. Construction techniques and architectural details should be documented, especially noting the measurements, hardware, and other features that tie architectural elements to a specific date. Applicant City of Carlsbad Planning Department Review and approval of HABS documentation package Prior to issuance of demolition permit Aug. 21, 2024 Item #1 39 of 128 Chapter 3. Mitigation Monitoring and Reporting Program City of Carlsbad Three on Garfield Project March 2024 Final EIR 3-2 Mitigation Measure Responsible for Mitigation Responsible for Verification Method of Verification Timing of Verification Verification Date Comments • HABS Historical Report: A written historical narrative and report completed according to the HABS Historical Report Guidelines. • Original architectural plans shall be archivally reproduced, following HABS standards, or included as figures in the HABS historical report. Three copies of the HABS documentation package, with one copy including original photo negatives, shall be produced, with at least one copy placed in an archive or history collection accessible to the general public, such as the Carlsbad Public Library and San Diego History Center. MM CR-2 Interpretation Prior to the issuance of demolition permits, the project applicant, in coordination with, and subject to approval by the City Planner, shall develop an interpretative opportunity that would communicate the significance of the Victor Condo building to the local community. The opportunity could consist of a permanent plaque or sign with general information at the project site with an opportunity for the public to digitally link to additional information, such as historic photographs, HABS documentation or other materials that are maintained by the city or other organization, such as the Historical Society. The interpretive exhibit shall be developed by a qualified team including a historian and graphic designer or other professional with demonstrated experience in displaying information and graphics to the public in a visually interesting manner. The exhibit should be located at the project site, or at some other location determined as appropriate by the qualified team and the City Planner. Applicant City of Carlsbad Planning Department Review and approval of interpretation opportunity Prior to issuance of demolition permit Aug. 21, 2024 Item #1 40 of 128 Chapter 3. Mitigation Monitoring and Reporting Program Three on Garfield Project City of Carlsbad Final EIR March 2024 3-3 Mitigation Measure Responsible for Mitigation Responsible for Verification Method of Verification Timing of Verification Verification Date Comments MM CR-3 Architectural Salvage Prior to the issuance of demolition permits that would remove character-defining features of the building, the developer shall consult with city Planning Department staff as to whether any such features may be salvaged. This could include both interior and exterior features for preservation on or off-site or for sale or use in another structure. The developer shall make a good faith effort to salvage materials of historical interest to be utilized as part of the interpretative program. The developer shall prepare a salvage plan for review and approval by the City Planner prior to issuance of any site demolition permit. Applicant City of Carlsbad Planning Department Submittal of salvage plan Prior to issuance of demolition permit MM CR-4 Construction Monitoring Prior to the commencement of any ground disturbing activities, the project developer shall enter into a Pre- Excavation Agreement, otherwise known as a Tribal Cultural Resources Treatment and Tribal Monitoring Agreement, with a Traditionally and Culturally Affiliated Luiseño tribe (TCA Tribe). This agreement will contain provisions to address the proper treatment of any tribal cultural resources and/or Luiseño Native American human remains inadvertently discovered during the course of the project. The agreement will outline the roles and powers of the Luiseño Native American monitors and the archaeologist. Such agreement shall include at minimum, that, if a possible tribal cultural resource is uncovered during ground disturbing activities, all work shall cease within a minimum distance of 50 feet from the find until a Qualified Tribal Monitor and Archaeological Monitor have had the opportunity to evaluate the find. If a Qualified Tribal Monitor or Archaeological Monitor determines that the object or artifact appears to be a potentially significant tribal cultural resource, the City of Carlsbad shall notify the Applicant’s Construction Contractor City of Carlsbad Planning Department Pre-Excavation Agreement, Tribal and Archaeological Monitor Contract, and Site inspections Prior to issuance of grading permit. During site preparation and grading Aug. 21, 2024 Item #1 41 of 128 Chapter 3. Mitigation Monitoring and Reporting Program City of Carlsbad Three on Garfield Project March 2024 Final EIR 3-4 Mitigation Measure Responsible for Mitigation Responsible for Verification Method of Verification Timing of Verification Verification Date Comments affiliated Tribes to conduct a site visit and make recommendations to the City regarding the monitoring of future ground disturbance activities and the treatment and disposition of any discovered tribal cultural resources. A copy of said archaeological contract and Pre-Excavation Agreement shall be provided to the City of Carlsbad prior to the issuance of a grading permit. A Luiseño Native American monitor shall be present during all ground disturbing activities. Ground disturbing activities may include, but are not be limited to, archaeological studies, geotechnical investigations, clearing, grubbing, trenching, excavation, preparation for utilities and other infrastructure, and grading activities. Consistent with Public Resources Code Section 21083.2, the handling, treatment, preservation, and recordation of tribal cultural resources should occur as follows:  The find should be preserved in place or left in an undisturbed state unless the project would damage the resource.  All collected artifacts, if not human remains or other mortuary objects, shall be repatriated to the affiliated Tribes for reburial on the project site. MM CR-5 Discovery of Human Remains In the event human remains are encountered, State Health and Safety Code Section 7050.5 and State CEQA Guidelines Section 15064.5(e)(1) state that no further disturbance shall occur to the area of the find until the County Coroner has made a determination of origin and disposition of the human bone pursuant to Public Resources Code Section 5097.98. The County Coroner shall be notified of the find immediately and shall make their determination within two working days of being notified. If the remains are determined to be Native American, the County Coroner shall notify the Native American Heritage Commission (NAHC) by phone within Applicant’s Construction Contractor City of Carlsbad Planning Department Site inspections During site preparation and grading Aug. 21, 2024 Item #1 42 of 128 Chapter 3. Mitigation Monitoring and Reporting Program Three on Garfield Project City of Carlsbad Final EIR March 2024 3-5 Mitigation Measure Responsible for Mitigation Responsible for Verification Method of Verification Timing of Verification Verification Date Comments 24 hours, and the NAHC shall then immediately determine and notify a Most Likely Descendant. With the permission of the landowner or his/her authorized representative, the Most Likely Descendant may inspect the site of the discovery. The Most Likely Descendant shall complete the inspection and make recommendations or preferences for treatment of the remains within 48 hours of being granted access to the site. The Most Likely Descendant’s recommendations may include scientific removal and nondestructive analysis of human remains and items associated with Native American burials, preservation of Native American human remains and associated items in place, relinquishment of Native American human remains and associated items to the descendants for treatment, or any other culturally appropriate treatment. Aug. 21, 2024 Item #1 43 of 128 Chapter 3. Mitigation Monitoring and Reporting Program City of Carlsbad Three on Garfield Project March 2024 Final EIR 3-6 INTENTIONALLY BLANK Aug. 21, 2024 Item #1 44 of 128 Page 1 of 17 August 2024 Attachment B CANDIDATE FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE THREE ON GARFIELD PROJECT SCH No. 2022110423 INTRODUCTION A. Findings of Fact The following Candidate Findings are made for the Three on Garfield Project (hereinafter referred to as "project"). The environmental impacts of the project are addressed in the Final Environmental Impact Report (FEIR) dated March 2024 (State Clearinghouse No. 2022110423), which is incorporated by reference herein. The California Environmental Quality Act (CEQA) (Pub. Res. Code §§21000, et seq.) and the State CEQA Guidelines (Guidelines) (14 Cal. Code Regs §§15000, et seq.) require that no public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental impacts of the project unless the public agency makes one or more written findings for each of those significant impacts, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental impact as identified in the FEIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the FEIR. CEQA also requires that the findings made pursuant to §15091 be supported by substantial evidence in the record (§15091(b) of the State CEQA Guidelines). Under CEQA, substantial evidence means that enough relevant information has been provided (and reasonable inferences from this information may be made) that a fair argument can be made to support a conclusion, even though other conclusions might also be reached. Substantial evidence may include facts, reasonable assumptions predicted upon facts, and expert opinion supported by facts (§15384 of the State CEQA Guidelines). CEQA further requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental effects when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable" (§15093(a) of the State CEQA Guidelines). When the lead agency approves a project which will result Aug. 21, 2024 Item #1 45 of 128 Page 2 of 17 August 2024 in the occurrence of significant effects which are identified in the FEIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its actions based on the FEIR and/or other information in the record. B.Record of Proceedings For purposes of CEQA and these Findings, the Record of Proceedings for the Project consists of the following documents and other evidence, at a minimum: •The Notice of Preparation (NOP), dated Nov. 18, 2022 and all other public notices issued by the city in conjunction with the project; The Draft EIR (DEIR), dated October 30, 2023; The FEIR, dated March 2024; •All written comments submitted by agencies or members of the public during the public review comment period on the DEIR; •All responses to written comments submitted by agencies or members of the public during the public review comment period on the DEIR and included in the FEIR; •The Mitigation Monitoring and Reporting Program (MMRP); •The reports and technical memoranda included or referenced in the FEIR; •All documents, studies, EIRs, or other materials incorporated by reference in the DEIR and the FEIR; •Matters of common knowledge to the city, including but not limited to federal, state and local laws and regulations; •Any documents expressly cited in these Findings; and •Any other relevant materials required to be included in the Record of Proceedings pursuant to Public Resources Code §21167.6(e). C.Custodian and Location of Records The documents and other materials which constitute the administrative record for the City of Carlsbad (city’s) actions related to the project are located at the City of Carlsbad, Community Development Department, Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. The city Community Development Department is the custodian of the administrative record for the project. Copies of these documents, which constitute the Record of Proceedings, are and at all relevant times have been and will be available upon request at the offices of the city Community Development Department. The DEIR and FEIR was also placed on the city's website at https://www.carlsbadca.gov/departments/community-development/planning/agendas-minut es- notices. This information is provided in compliance with Public Resources Code §21081.6(a)(2) and CEQA Guidelines §15091(e). Aug. 21, 2024 Item #1 46 of 128 Page 3 of 17 August 2024 PROJECT SUMMARY A.Project Location The subject 0.16-acre infill site is located at 2685, 2687, and 2689 Garfield Street in the northwestern portion of the city. The city is bordered to the north by the city of Oceanside, to the south by the city of Encinitas, to the east by the cities of Vista and San Marcos, and on the west by the Pacific Ocean. The project site is located approximately 250 feet east of the beach and cliffs along the Pacific Ocean and immediately west of the Carlsbad Downtown Village. Regional access to the project site is provided by Interstate 5 (I-5) and State Route 78 (SR-78) with local access provided by Carlsbad Village Drive and Carlsbad Boulevard. The property is situated at the northwest corner of Garfield Drive and Beech Avenue. B.Project Objectives and Description Project Objectives The objectives of the Three on Garfield Project are as follows: 1.Demolish the existing structure and construct three condominium units with an updated architectural design. 2.Eliminate ongoing structural deterioration of the building and façade, foundation degradation and mold that have been caused by age and documented moisture intrusion. 3.Eliminate roof and deck leaks and site drainage problems associated with the current building. 4.Construct condominiums that fully comply with current building code and development standards. 5.Redevelop an infill residential site that retains the city’s housing supply. 6.Utilize contemporary project design features to reflect a modernized appearance while ensuring compatibility with adjacent residential land uses. 7.Increase the amount of window area and natural light entering each condominium unit. 8.Update the design to adjust for obstructed views and take better advantage of views that remain. 9.Update internal configuration of the condominiums to improve accessibility and to allow for a more contemporary design that incorporates a traditional floor plan for each of the three units. 10.Construct a structure that would not obstruct views of the coastline from public lands or public rights-of-way in the Coastal Zone. Project Description The Three on Garfield Project proposes the construction of three attached, three-story residential air-space condominiums to replace the existing units on site. Each home includes an attached two- car garage with direct entrance into the unit for a total of six parking spaces. In addition, one guest Aug. 21, 2024 Item #1 47 of 128 Page 4 of 17 August 2024 parking space would be provided along the building exterior on the north side of the site. Two residential units would contain two bedrooms, while the third unit would feature three bedrooms. The units would range in size from 1,701 square feet (SF) to 1,713 SF, for a total structure size of 5,118 SF. All units would feature private balconies on the third floor. The units’ entry doors and porches would be oriented toward Garfield Street on the building’s eastern elevation. Vehicular access would be provided via a new driveway along the western side of the lot connecting to Beech Avenue. The project proposes a contemporary architectural style that is commonly seen in southern California coastal communities and has been designed to better protect against future water intrusion. Design elements include a new foundation and drainage system, sloped roofs and exterior decks with additional slope, drainage features, and materials to prevent leaks. The project interior has a more contemporary and open style. The interior layout of each unit would include larger rooms and fewer small spaces. Bathroom sinks, showers and toilets are combined into one room, rather than being on different floors in some instances. Additional windows are included on the east side to create views towards Magee Park, and windows in other locations are located to take advantage of view opportunities between and around existing development. The building would be finished with complementary building materials, fiber-concrete panels, synthetic wood- grain siding, stone veneer, and stucco. Other finishes include glass balcony railings, black vinyl recessed windows, and a 3:12 pitch asphalt-shingle roof. The proposed roofline would be below the 30-foot height limit for sloped rooflines and lower in elevation than the existing 35- to 43-foot-high flat rooftop on the existing structure. Figure 36, Renderings, provides images of the project from several public vantage points. Landscaping, consisting of various native and/or drought tolerant trees, shrubs, and ground cover species, would be installed along walls and in raised planters throughout the common areas surrounding the building and along the driveway. Decorative pavement or permeable pavers would be used to reconstruct the on-site drive aisle which would connect to a wider curb cut and concrete apron constructed at the driveway connection with Beech Avenue. The existing sidewalk and Americans with Disabilities Act (ADA) ramp at the northwest corner of Beech Avenue and Garfield Street would be reconstructed as part of the project. The building would receive services from existing utility connections on the site. Trash and recycling containers would be individually stored inside each unit’s garage and staged for pick-up along the driveway. The project would comply with all applicable development standards for Planned Unit Developments (CMC Chapter 21.45). The project requires the city to issue a number of permits which are listed below under Project Approvals and Regulatory Requirements. ENVIRONMENTAL REVIEW PROCESS AND PUBLIC PARTICIPATION The lead agency approving the project and conducting environmental review under CEQA (California Public Resources Code §§21000, et seq.), and the Guidelines promulgated thereunder in California Code of Regulations, Title 14, §§15000 et seq. (CEQA Guidelines), shall be the city. The city as lead agency shall be primarily responsible for carrying out the project. In compliance with §15082 of the State CEQA Guidelines, the city published an NOP on Nov. 17, 2022, which began a 30-day period for comments on the appropriate scope of the EIR. The city Aug. 21, 2024 Item #1 48 of 128 Page 5 of 17 August 2024 received comments on the NOP which were taken into consideration during the preparation of the DEIR (refer to Appendix A of the FEIR). The city published a DEIR addressing the project on October 30, 2023, in compliance with CEQA. Pursuant to State CEQA Guidelines §15085 and upon publication of the DEIR, the city made the DEIR available for review and comment by the public for a period of 45 days. The city also posted a Notice of Availability of the DEIR at this time pursuant to State CEQA Guidelines §15087. During the public review period, the city received three comment letters on the environmental document; no comment letters were received after the close of the public review period. The city provided responses in writing to all comments received on the DEIR. Information provided in the response to comments (RTC) clarifies or amplifies information included in the DEIR; however, the RTC did not require changes to the information contained in the DEIR. No significant new information was added that would require recirculation of the document, per CEQA Guidelines Section 15088.5. The FEIR for the project was published on March 2024. The FEIR has been prepared in accordance with CEQA and the State CEQA Guidelines (§15132). SUMMARY OF IMPACTS Impacts associated with specific issue areas resulting from approval of the project are discussed below. The FEIR concludes the project would have no impacts with respect to the following issue areas: •Agriculture and Forestry Resources •Land Use and Planning •Mineral Resources The FEIR concludes the project would have less than significant impacts and require no mitigation measures with respect to the following issue areas: •Aesthetics •Air Quality •Biological Resources •Energy •Geology •Greenhouse Gas Emissions •Hazards and Hazardous Materials •Hydrology/Water Quality •Noise •Paleontological Resources •Population and Housing •Public Services •Recreation •Transportation/Circulation •Utilities and Service Systems •Wildfire Aug. 21, 2024 Item #1 49 of 128 Page 6 of 17 August 2024 The FEIR concludes the project would potentially have a significant impact but mitigated to below a level of significance with respect to the following issue areas: •Historic, Cultural, and Tribal Cultural Resources (Archaeological Resources and Human Remains) •Historic, Cultural, and Tribal Cultural Resources (Tribal Cultural Resources) The FEIR concludes the project would have significant unavoidable impacts for the following CEQA issue areas: •Historic, Cultural, and Tribal Cultural Resources (Historic Resources) FINDINGS REGARDING SIGNIFICANT IMPACTS The Findings incorporate the facts and discussions in the FEIR for the project as fully set forth therein. A.Findings Regarding Impacts That Will be Mitigated to Below a Level of Significance (CEQA §21081(a)(1) and CEQA Guidelines §15091(a)(1) The city, having independently reviewed and considered the information contained in the FEIR and the public record for the project, finds, pursuant to Public Resource Code §21081(a)(1) and State CEQA Guidelines §15091(a)(1), that changes or alterations have been required in, or incorporated into, the project which would mitigate, significantly lessen or avoid the significant effects on the environment related to the following issues: HISTORIC, CULTURAL, AND TRIBAL CULTURAL RESOURCES Archaeological Resources Impact The project has the potential for grading to occur in undisturbed on-site areas and the potential to encounter unknown buried historic or prehistoric resources. Finding Implementation of actions pursuant to Mitigation Measure CR-4 would reduce impacts to unknown buried historic and prehistoric resources to less than significant. Facts in Support of Finding The project area was surveyed by an archaeologist and Native American monitor and no cultural material was observed during the survey. No previously recorded cultural resources are recorded in the project area. However, the 1887 Magee House, now the home of the Carlsbad Historical Society and located east across Garfield Drive approximately 100 feet from the project area, exhibits local significance. The presence of the 1887 Magee House less than 100 feet from the current project area suggests the possibility that buried resources may exist in the project area. Although the project site has been previously disturbed and graded during the original development of the project site with the existing structure, there is potential for project grading to occur within undisturbed on-site areas and potential to encounter unknown buried historic or prehistoric resources. Aug. 21, 2024 Item #1 50 of 128 Page 7 of 17 August 2024 Mitigation Measures The potentially significant impact to unknown buried historic or prehistoric resources through disturbance of previously undisturbed sediments would be mitigated to below a level of significance with implementation of the Mitigation Measure CR-4, as identified in Section 4.3.6.2 of the FEIR, Mitigation Measure CR-4 requires implementation of construction monitoring, which includes steps to be taken prior to the commencement of ground-disturbing activities and in the event a cultural resource is uncovered. Mitigation Measure CR-4 also requires that a Luiseño Native American monitor is present during all ground-disturbing activities. Reference See FEIR Section 4.3 for a complete discussion of the historic, cultural, and tribal cultural resources (archaeological) impacts associated with the project. HISTORIC, CULTURAL, AND TRIBAL CULTURAL RESOURCES Human Remains Impact The construction of the project has the potential to extend into previously undisturbed native sediment, resulting in the potential to encounter unknown human remains. Finding Implementation of actions pursuant to Mitigation Measure CR-5 would reduce impacts associated with the discovery of unknown human remains to less than significant. Facts in Support of Finding Although the project would not disturb any known human remains, grading associated with the project has the potential to extend into previously undisturbed native sediment. As such, there is the possibility, although it is unlikely given the previous disturbance on the project site, that unknown human remains may be encountered. Mitigation Measures The potentially significant impact to unknown human remains would be mitigated to below a level of significance with implementation of the Mitigation Measure CR-5, as identified in Section 4.3.6.3 of the FEIR. Mitigation Measure CR-5 identifies procedures to implement in the event human remains are encountered during project construction. These procedures include halting ground disturbance in the area of the find until the County Coroner has made a determination of origin and disposition of the remains, notifying the Native American Heritage Commission if remains are determined to be Native American, inspection of the site by a Most Likely Descendant, and recommendations for culturally appropriate treatment. Reference See FEIR Section 4.3 for a complete discussion of the historic, cultural, and tribal cultural resources (human remains) impacts associated with the project. Aug. 21, 2024 Item #1 51 of 128 Page 8 of 17 August 2024 HISTORIC, CULTURAL, AND TRIBAL CULTURAL RESOURCES Tribal Cultural Resources Impact Ground disturbance associated with the construction of the project has the potential to encounter unknown buried tribal cultural resources. Finding Implementation of actions pursuant to Mitigation Measures CR-4 and CR-5 would reduce impacts to tribal cultural resources to less than significant. Facts in Support of Finding In response to the Notice of Preparation, The Rincon Band of Luiseño Indians requested to accompany the archaeologist for the pedestrian survey, which was completed on March 7, 2023. Per Assembly Bill 52, the city provided formal notification of the project to the San Luis Rey Band of Mission Indians, Rincon Band of Luiseño Indians, Torres Martinez Desert Cahuilla Indians, and Mesa Grande Band of Diegueno Mission Indians on June 13, 2023.. Rincon Band of Luiseño Indians and San Luis Rey Band of Mission Indians requested consultation, correspondence was made with both tribes and consultation was concluded in October 2023.,. There are no known Native American resources in the project site that are listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in by the Public Resources Code. Additionally, no specific tribal cultural resources were identified in the project site as a result of Native American consultation conducted for the project per Assembly Bill 52. If any artifacts are inadvertently discovered during ground-disturbing activities, existing federal, state and local laws and regulations would require construction activities to cease until such artifacts are properly examined and determined not to be of significance by a qualified cultural resources professional. Although the project site has been previously disturbed and graded during the original development of the project site with the existing structure, there is potential for project grading to occur within undisturbed on-site areas and potential to encounter unknown buried tribal cultural resources. Mitigation Measures The potentially significant impact to tribal cultural resources would be mitigated to below a level of significance with implementation of the Mitigation Measures CR-4 and CR-5, as identified in Section 4.3.6.4 of the FEIR. Reference See FEIR Section 4.3 for a complete discussion of the tribal cultural resource impacts associated with the project. Aug. 21, 2024 Item #1 52 of 128 Page 9 of 17 August 2024 B.Findings Regarding Impacts That Are Found to be Significant and Unavoidable The city hereby finds that the following environmental impact is significant and unavoidable and although there is mitigation required for the impact to historic resources, that there is no feasible mitigation to fully reduce the impact to historic resources to a less than significant level. "Feasible" is defined in §15364 of the CEQA Guidelines to mean "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors." The city may reject a mitigation measure if it finds that it would be infeasible to implement the measure because of specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers. These findings are based on the discussion of impacts in Section 4.3 of the EIR. HISTORIC, CULTURAL, AND TRIBAL CULTURAL RESOURCES Historic Resources Impact The project would result in demolition of the Victor Condo building, which is considered a substantial adverse change to the historical resource pursuant to CEQA Section 21084.1. Therefore, according to CEQA Guidelines, this action constitutes a significant effect on the environment and material impairment on a historical resource pursuant to CEQA Section 15064.5(b). Impacts would be significant. Finding Implementation of Mitigation Measures CR-1, CR-2, and CR-3 would partially compensate for the historic resource impacts associated with the project; however, these measures would not be enough to avoid, rectify or reduce or fully compensate for the loss of the building. No additional feasible mitigation measure exist and a substantial adverse change would still occur; therefore, the impact would be significant and unavoidable even after implementation of CR-1, CR-2 and CR-3. Facts in Support of Finding The Victor Condo was evaluated for eligibility for listing in the California and local registers. Constructed in 1982, the building is an example of the Postmodern style and was evaluated within the context of Postmodernism in San Diego County. Although the Victor Condo is less than 50 years old and is not the only example of postmodern architecture in the San Diego region, it is the first example of the style in Carlsbad. Some project features, such as exterior windows and the garage doors, are no longer original, reducing to some degree the integrity of the buildings historic value. However, the primary east-facing façade of the Victor Condo remains a distinct feature of the building’s Postmodern style. Because Victor Condo embodies distinct characteristics of the style and was recognized by both scholarly and popular publications, the building is recommended as eligible for the CRHR under Criterion 3. Provided there was an owner application and consent, the Planning Commission could determine that the Victor Condo is eligible as a Carlsbad Historic Resource under criteria a and c because it exemplifies special elements of the city’s architectural history, specifically Postmodern architecture. Additionally, although the building is less than 50 Aug. 21, 2024 Item #1 53 of 128 Page 10 of 17 August 2024 years old, sufficient time has passed to understand the authenticity, integrity, and value of the building to meet the special considerations at the state and local level. The existing building on the project site, Victor Condo, does not qualify as a historic resource under the first two criteria outlined in CEQA Guidelines Section 15064.5(a)(1) and (2). The Victor Condo is not listed, or determined to be eligible by the State Historical Resources Commission for listing, in the CRHR. The Victor Condo is not included in a local register of historical resources or identified as significant in an historical resource survey meeting the requirements of Public Resources Code Section 5024.1(g). However, under CEQA Guidelines Section 15064.5(a)(3) and (4), the lead agency retains discretion to make its own determination that the Victor Condo qualifies as an historical resource, provided it is supported by substantial evidence in light of the whole record. As such, Victor Condo is identified as a historical resource for the purposes of CEQA. Mitigation Measures Implementation of Mitigation Measures CR-1, CR-2, and CR-3 would be required in order to document and interpret the significance of the Victor Condo for the public, as identified in Section 4.3.6.1 of the FEIR. These mitigation measures would create preservation materials available to the public to inform future research. The mitigation would partially compensate for the historic resource impacts associated with the project; however, these measures would not be enough to avoid, rectify, reduce or compensate for the loss of the historic building. Reference See FEIR Section 4.3 for a complete discussion of the historic resource impacts associated with the project. C.Findings Regarding Alternatives (CEQA §21081(a)(3) and CEQA Guidelines §15091(a)(3)) In accordance with §15126.6(a) of the Guidelines, an EIR must contain a discussion of "a range of reasonable alternatives to a project, or the location of a project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives." The CEQA Guidelines §15126.6(f) further states that "the range of alternatives in an EIR is governed by the 'rule of reason' that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice." Thus, the following discussion focuses on alternatives to the project that are capable of eliminating significant environmental impacts or substantially reducing them as compared to the project, even if the alternative would impede the attainment of some project objectives, or would be more costly. In accordance with §15126.6(f)(1) of the Guidelines, among the factors that may be taken into account when addressing the feasibility of alternatives are: (1) site suitability; (2) economic viability; (3) availability of infrastructure; (4) general plan consistency; (5) other plans or regulatory limitations; (6) jurisdictional boundaries; and (7) whether the proponent can reasonably acquire, control, or otherwise have access to the alternative site. As required in §15126.6(a), in developing the alternatives to be addressed in the FEIR, consideration was given to an alternative's ability to meet most of the basic objectives of the project but would substantially lessen or avoid any of the significant effects of the project. Because the project will cause a significant and unavoidable environmental effect, the city must consider the feasibility of any environmentally superior alternatives to the project, evaluating whether these alternatives could avoid or substantially lessen the potentially significant environmental effects while achieving most of the objectives of the project. Aug. 21, 2024 Item #1 54 of 128 Page 11 of 17 August 2024 The city, having reviewed and considered the information contained in the FEIR and the Record of Proceedings, and pursuant to Public Resource Code §21081(a)(3) and State CEQA Guidelines §15091(a)(3), makes the following findings with respect to the alternatives identified in the FEIR. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the FEIR (SCH No. 2022110423) as described below. "Feasible" is defined in §15364 of the CEQA Guidelines to mean "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors." The CEQA statute (§21081) and Guidelines (§15019(a)(3)) also provide that "other considerations" may form the basis for a finding of infeasibility. Alternatives under Consideration The FEIR evaluated the following alternatives in detail: •No Project Alternative; •Full Rehabilitation Alternative; and •Partial Rehabilitation Alternative. These project alternatives are summarized below, along with the findings relevant to each alternative. 1. No Project Alternative Pursuant to CEQA Guidelines §15126.6(e), consideration of a no project alternative is required. The analysis of a no project alternative must discuss the existing conditions at the time the NOP was published (i.e., Nov. 18, 2022), as well as “what would be reasonably expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services” [CEQA Guidelines Section 15126.6(e)(2)]. Under the No Project Alternative, the existing condominium building would remain and require ongoing efforts to address the structural and water-related problems that currently exist on site. Potentially Significant Impacts There would be no significant environmental impacts associated with the No Project Alternative as described in Section 5.4.1 of the FEIR. The existing condominium building would remain at the project site and would require ongoing efforts to address the structural and water-related problems that currently exist on site. All impacts associated with the project would be avoided, and no impacts would occur. No significant impacts associated with demolition of a historic resource would occur. No potentially significant impacts to historical resources associated with unknown archaeological resources, unknown human remains, or unknown buried tribal cultural resources would occur. Finding The No Project Alternative is rejected because specific economic, social, or other considerations including matters of public policy make this alternative infeasible. Aug. 21, 2024 Item #1 55 of 128 Page 12 of 17 August 2024 Facts In Support of Finding While the No Project Alternative would eliminate three significant and mitigatable impacts (archaeological resources, human remains, and tribal cultural resources) and the significant and unavoidable impact to historic resources resulting from the project, it would not meet any of the project objectives listed in Section 3.3 of the EIR. The No Project Alternative would not accomplish any of the project objectives, which are directed towards demolition of the existing structure, eliminating ongoing structural deterioration and documented moisture intrusion associated with the existing building, development of completely new condominiums with a more contemporary design that complies with current building and development standards for the area and constructing a structure that would not obstruct views of the coastline from public lands or public rights-of-way in the Coastal Zone. Rationale Although the No Project Alternative would eliminate significant and unavoidable impacts to historic resources and would eliminate significant but mitigable impacts to archaeological resources, human remains, and tribal cultural resources associated with the project, it does not meet the project objectives outlined in Section 3.3 of the FEIR. Reference See FEIR Section 5.4.1 for a complete analysis of this alternative. 2. Full Rehabilitation Alternative Under the Full Rehabilitation Alternative, the existing residence would be preserved and rehabilitated in accordance with the Secretary of Interior Standards for the Treatment of Historic Properties. The rehabilitation of the building would focus on the structural issues, repair of foundation and stabilization of the site. Repair of water damage and prevention of future moisture infiltration would also be addressed. The paint scheme of the Victor Condo is part of the character- defining features of the structure, thus, the Full Rehabilitation Alternative would require a retention of the existing paint scheme, although fresh paint would be used after reconstruction of the façade. The Full Rehabilitation Alternative would require replacement, repair, and/or stabilization of many of the features at the project site, most notably, the reconstruction of the wood-framed false front façade, and the wood deck and front stairs at the east façade. This alternative would require the stabilization and partial reconstruction of the existing curved glass block walls, intervention to stabilize the foundation of the building, and replacement of existing wood-framed stucco-clad structural columns on the garage level of the west façade. Replacement of all existing windows (excluding the six original windows that remain) and all exterior doors would be required, along with repair of interior damage related to water leaks and various interior improvements to rehabilitate the structure. The three existing residential units would be retained. Potentially Significant Impacts There would be no significant environmental impacts associated with the Full Rehabilitation Alternative as described in Section 5.4.2 of the FEIR. The Full Rehabilitation Alternative would avoid the project’s significant and unavoidable impacts to historical resources caused by the proposed demolition of the structure. The Full Rehabilitation Alternative would avoid the project’s significant, but mitigable impacts associated with unknown buried archaeological resources, human remains, Aug. 21, 2024 Item #1 56 of 128 Page 13 of 17 August 2024 and tribal cultural resources because ground disturbance would be limited to discrete locations where structural repairs would be implemented. Finding The Full Rehabilitation Alternative is rejected because specific economic, social, or other considerations including matters of public policy make this alternative infeasible. Facts In Support of Finding While the Full Rehabilitation Alternative would eliminate the project’s potentially significant but mitigable impacts to archaeological resources, human remains, and tribal cultural resources and would eliminate significant and unavoidable impacts to historic resources, the Full Rehabilitation Alternative would not accomplish most of the project objectives. The Full Rehabilitation Alternative would accomplish two of the ten project objectives, which include elimination of ongoing structural deterioration of the building and façade, foundation degradation, and mold, and would also eliminate roof and deck leaks. The remaining eight project objectives would not be accomplished under the Full Rehabilitation Alternative. Additionally, the Full Rehabilitation Alternative would require implementation of a number of additional treatments, as detailed in Appendix D. Feasibility Study including the repair of the foundation, stabilization of the site, repair of water damage, prevention of future moisture infiltration, and reconstruction of the historic façade, that would not be required under the project. Per the Economic Analysis prepared for the project, the estimated cost of implementing the required repairs and rehabilitation for the Full Rehabilitation Alternative would have a negative financial impact, with the cost of implementing the Full Preservation Alternative exceeding the market value of the rehabilitated structure by more than a million dollars making this alternative infeasible. (Worden Williams LLP 2024; Eshelman Appraisals, Inc. 2023; WNC General Contractors, Inc. 2024). Rationale The Full Rehabilitation Alternative would not fully meet the project objectives outlined in Section 3.3 of the FEIR and would be economically infeasible due to the extensive rehabilitation work that would be required and its associated cost. Reference See FEIR Section 5.4.2 for a complete analysis of this alternative. 3. Partial Rehabilitation Alternative The Partial Rehabilitation Alternative would require reconstruction of the wood façade of the Victor Condo for use when finishing the new building. A new building would be constructed behind the reconstructed façade. The unique design of Victor Condo, which involves a clear separation between the façade and the rest of the structure, allows for possible retention of the façade, the most significant character-defining feature of the building; however, based on the current condition of the façade, reconstruction of the false front façade, in kind, would be required. The façade would be detached and reconstructed while the existing building behind the façade would be demolished. The paint scheme of the Victor Condo is part of the character-defining features of the structure, thus, the Partial Rehabilitation Alternative would require a retention of the existing paint scheme, Aug. 21, 2024 Item #1 57 of 128 Page 14 of 17 August 2024 although fresh paint would be used following reconstruction of the façade. A new building, containing three air-space condominiums consistent with the requirements of the BAOZ and R-3 zone, would be constructed behind the reconstructed façade. The design of the proposed building would have to be modified in order to provide surfaces on the east elevation for the reattachment of the Victor Condo façade. The east elevation would also be redesigned to incorporate or reference character-defining features visible to the public, such as the glass block, and skylight “chimneys,” provided the new structure conforms to the 30-foot building height requirement in the city regulations. Potentially Significant Impacts The Partial Rehabilitation Alternative would eliminate the project’s significant and unavoidable impact to historic resources as described in Section 5.4.3 of the FEIR. The demolition of the historic building would result in a potentially significant impact to a historic resource and mitigation measures would be required. Mitigation measures would include Historic American Building Survey (HABS) documentation and an interpretative opportunity that would communicate the significance of the structure to the local community. With the reconstruction and retention of the front façade, incorporation of or reference to existing character-defining features of the Victor Condo building in the new design, and the two mitigation measures, the project’s significant and unmitigable impact to historical resources would be reduced to less than significant (with mitigation) under the Partial Rehabilitation Alternative. The Partial Rehabilitation Alternative would result in significant, but mitigable impacts associated with unknown buried archaeological resources, human remains, and tribal cultural resources, similar to the project. Finding The Partial Rehabilitation Alternative is rejected because specific economic, social, or other considerations including matters of public policy make this alternative infeasible. Facts In Supporting Finding The Partial Rehabilitation Alternative would eliminate the significant and unavoidable impact associated with demolition of the historic structure; however, mitigation measures would be required to reduce impacts to historic resources to a less than significant level. Although this alternative would reduce the project’s significant and unavoidable impact to a significant and mitigable impact and although it would meet most of the project objectives, it would not meet all of the project objectives. The Partial Rehabilitation Alternative would not fully meet the project objectives to demolish the existing structure and construct three condominium units with an updated architectural design, nor would it construct a structure that would not obstruct views of the coastline from public lands or public rights-of-way in the Coastal Zone. Further, the Partial Rehabilitation Alternative would only partially accomplish two of the project objectives related to contemporary project features and increasing the amount of window area and natural light entering each condominium unit. Additionally, the Partial Rehabilitation Alternative would have a negative financial impact, based on the estimated cost of rehabilitation and construction compared to the expected market value of the completed structure. The Partial Rehabilitation Alternative is financially infeasible because it would result in a negative financial impact on the applicant with a loss of property value of approximately $235,000 as compared to the project making it infeasible (Worden Williams LLP 2024; Eshelman Appraisals, Inc. 2023; WNC General Contractors, Inc. 2024). The Partial Rehabilitation Alternative would reduce the significant and unavoidable impact to historic resources to a significant and mitigable impact and would result in the same significant but mitigable impact Aug. 21, 2024 Item #1 58 of 128 Page 15 of 17 August 2024 associated with unknown buried archaeological resources, human remains, and tribal cultural resources. Rationale The Partial Rehabilitation Alternative would eliminate the significant and unavoidable impact to historic resources but would still result in significant but mitigable impacts to historic resources, buried archaeological resources, human remains, and tribal cultural resources. The Partial Rehabilitation Alternative does not meet all of the project objectives outlined in Section 3.3 of the FEIR because of its economic infeasibility for the applicant. Reference See FEIR Section 5.4.3 for a complete analysis of this alternative. Environmentally Superior Alternative The Environmentally Superior Alternative is the Full Rehabilitation Alternative; but the alternative does not meet the Project Objectives (provided Section 2.3). The applicant has collaborated with the city, engineers, and experts; using extensive experience in real estate development and rehabilitation projects, and knowledge of anticipated construction costs; to develop a reasonable, desired, and feasible development project. The Full Rehabilitation Alternative is cost prohibitive, would not be pursued by the applicant, and ultimately would not eliminate existing hazards currently associated with the building. FINDINGS REGARDING OTHER CEQA CONSIDERATIONS A.Growth Inducement The §15126.2(e) of the CEQA Guidelines mandates that the growth-inducing impact of a project be discussed. This discussion is presented in Section 6.2 of the FEIR. The city finds that the project would not result in growth-inducing impacts. The project would replace the three existing condominium units with three new condominium units. The city’s General Plan and Local Coastal Plan (LCP) designate the project site R-15 Residential (8 to 15 dwelling units per acre [du/ac]), while the property is zoned Multiple-Family Residential (R-3). Based on the size of the lot (0.16 acres) and the allowed density on the property’s land use designation (R-15, or 8 to 15 du/ac), a maximum of two units are allowed on the property. However, the existing three-unit structure on the project site is nonconforming and the project would be subject to the Carlsbad Municipal Code, (CMC) Chapter 21.48, Nonconforming Lots, Structures and Uses. Approval of a Nonconforming Construction Permit would allow the continuation of the legally established use of three dwelling units on the property. As such, since the project is replacing the existing condominium units with an equal number of units, its implementation would not result in the alteration of growth patterns within the city from those anticipated in the adopted General Plan. In addition, the proposed project is located in an urbanized area and is adequately served by the existing infrastructure with no expansion required. The project would provide new employment opportunities, through the employment of temporary construction workers. The short-term nature of the construction jobs is not anticipated to lead to significant long-term population growth in the region. These jobs would be limited in number; it would be expected that these employees are already present in the region. The project would not Aug. 21, 2024 Item #1 59 of 128 Page 16 of 17 August 2024 need to recruit substantial numbers of new employees living elsewhere in or outside of the region. Construction of the proposed project would not cause direct population growth as the workforce already exists in the region. No cumulative growth inducing impacts would occur. B.Significant Environmental Effects that Cannot Be Avoided if the Project is Implemented CEQA Guidelines §15126.2(c) requires an EIR to identify significant environmental effects that cannot be avoided if the project is implemented (14 CCR §15000 et seq.). As discussed in Chapter 4, Environmental Impact Analysis, of the FEIR, implementation of the project would result in a significant and unavoidable impact to historic resources. FINDINGS REGARDING RESPONSES TO COMMENTS AND REVISIONS IN THE FEIR The FEIR includes comments received on the DEIR and responses to those comments. The focus of the responses to comments is on the disposition of significant environmental issues that are raised in the comments, as specified by CEQA Guidelines §15088(c). Information provided in the response to comments clarifies or amplifies information included in the DEIR; however, the response to comments did not require changes to the information contained in the DEIR. Finding/Rationale: Responses to comments made on the DEIR do not require revisions to the analysis presented in the document, and do not trigger the need to recirculate per CEQA Guidelines §15088.5(b). STATEMENT OF OVERRIDING CONSIDERATIONS Public Resources Code §21081(b) prohibits approval of a project with significant, unmitigable adverse impacts resulting from infeasible mitigation measures or alternatives unless the agency finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment. CEQA Guidelines §15093 adds that the decision-making agency must "balance, as applicable, economic, legal, social, technological, or other benefits of a project against its unavoidable environmental risks when determining whether to approve the project." CEQA further requires that, when the Lead Agency approves a project which will result in the occurrence of significant effects which are identified in the FEIR, but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its actions based on the FEIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record (§15093[b] of the State CEQA Guidelines). This statement does not substitute for, and shall be in addition to, findings required pursuant to §15091 (§15093[c] of the State CEQA Guidelines). The Planning Commission, (i) having independently reviewed the information in the FEIR and the Record of Proceedings; (ii) having made a reasonable and good faith effort to eliminate or substantially lessen the significant impacts resulting from the project to the extent feasible by adopting the mitigation measures identified in the FEIR; and (iii) having balanced the benefits of the Three on Garfield Project against the significant environmental impacts, chooses to approve the Three on Garfield Project, despite its significant environmental impacts, because in its view, specific economic, legal, social, and other benefits of the project render the significant environmental impact acceptable. Aug. 21, 2024 Item #1 60 of 128 Page 17 of 17 August 2024 The following statements identify why, in the Planning Commission’s judgment, the benefits of the Three on Garfield Project as approved outweigh the unavoidable and unmitigable significant impacts. Each of these public benefits serves as an independent basis for overriding all significant, unavoidable and unmitigable impacts. Substantial evidence supports the various benefits. Such evidence can be found either in the preceding sections, which are incorporated by reference into this section, the FEIR, or in documents that comprise the Record of Proceedings in this matter. The following benefits outweigh the significant impacts of the proposed project: •Implementation of the project will maintain the number of dwelling units existing at the site to retain the city’s housing supply. •Implementation of the project with the mitigations proposed will provide a historical marker to commemorate the Victor Condo. Although implementation of the project demolishes what is considered a historic resource and the mitigations measures proposed are not sufficient to reduce the impacts to less than significant, the historic marker would educate the public with information about the site and previous events. Currently, the multi-unit building has no identifying marker or information. •Implementation of the project will construct condominiums that fully comply with the General Plan, Subdivision Ordinance, and relevant building and zoning regulations of the Carlsbad Municipal Code (CMC). •The Feasibility Study substantiates the presence of one or more Health and Safety Code violations on the property, as well as other violations relating to building and fire codes and/or lack of proper maintenance in the dwelling units. Given the existing hazards currently associated with the building, the property owner proposes to demolish all units on the property and replace them with a new multi-family housing development. The Project provides the property owner with the opportunity to remove the hazards and improve the condition of the property without inflicting economic hardship. After the Project’s implementation, there would be reduced risks to life and property. •A substandard condition in one or more units, as documented in the Feasibility Study, indicates an increased risk of substandard conditions in other units on the same property or presence of blight to adjacent homes. The Project provides the property owner with the opportunity to remove the building, which is documented to be in poor condition, and improve the visual appearance of the property without inflicting economic hardship. •Implementation of the project will redevelop an infill residential site. •Implementation of the project will utilize contemporary project design features to reflect a modernized appearance while ensuring compatibility with adjacent residential uses. •Implementation of the project will construct a structure that would remove existing obstructions of views of the coastline from public lands or public rights-of-way in the Coastal Zone. CONCLUSION For the foregoing reasons, the city finds in accordance with Public Resources Code 21081(b) and 21085.5 and CEQA Guidelines 15093 and 15043, that the project's adverse, unavoidable environmental impacts are outweighed by the above-referenced benefits, any one which individually would be sufficient to outweigh the adverse environmental effects of the project. Therefore, the city has adopted these Findings and Statement of Overriding Considerations. Aug. 21, 2024 Item #1 61 of 128 City of Carlsbad Three on Garfield MMRP Page 1 of 5 MITIGATION MONITORING REPORTING PROGRAM Project Name: Three on Garfield Project Location: 2685, 2687, and 2689 Garfield Street, Carlsbad, California Project Description: Three attached, three-story residential air-space condominiums City Contact: Carlsbad Planning Division; Phone Number: 442.339.2600; Email: planning@carlsbadca.gov Mitigation Measure Responsible for Mitigation Responsible for Verification Method of Verification Timing of Verification Verification Date Comments Historical, Cultural, and Tribal Cultural Resources MM CR- 1- Historic American Building Survey (HABS) Documentation Prior to the issuance of the demolition permits, the Victor Condo building shall be documented to Historic American Buildings Survey (HABS) Level 2 standards according to the outline format described in the Historic American Building Survey Guidelines for Preparing Written Historical Descriptive Data. The documentation shall be undertaken by a qualified professional who meets Secretary of the Interior’s Professional Qualification Standards (36 CFR, part 61) for architectural history. The documentation shall consist of the following: • Photographic Documentation: Documentation should follow the Photographic Specification– Historic American Building Survey, including 15 to 20 archival quality, large-format photographs of the exterior and interior of the building and its architectural elements. Construction techniques and architectural details should be documented, especially noting the measurements, hardware, Applicant City of Carlsbad Planning Department Review and approval of HABS documentation package Prior to issuance of demolition permit Aug. 21, 2024 Item #1 62 of 128 Attach ment C City of Carlsbad Three on Garfield MMRP Page 2 of 5 Mitigation Measure Responsible for Mitigation Responsible for Verification Method of Verification Timing of Verification Verification Date Comments and other features that tie architectural elements to a specific date. • HABS Historical Report: A written historical narrative and report completed according to the HABS Historical Report Guidelines. • Original architectural plans shall be archivally reproduced, following HABS standards, or included as figures in the HABS historical report. Three copies of the HABS documentation package, with one copy including original photo negatives, shall be produced, with at least one copy placed in an archive or history collection accessible to the general public, such as the Carlsbad Public Library and San Diego History Center. MM CR- 2 Interpretation Prior to the issuance of demolition permits, the project applicant, in coordination with, and subject to approval by the City Planner, shall develop an interpretative opportunity that would communicate the significance of the Victor Condo building to the local community. The opportunity could consist of a permanent plaque or sign with general information at the project site with an opportunity for the public to digitally link to additional information, such as historic photographs, HABS documentation or other materials that are maintained by the city or other organization, such as the Historical Society. The interpretive exhibit shall be developed by a qualified team including a historian and graphic designer or other professional with demonstrated experience in displaying information and graphics to the public in a visually interesting manner. The exhibit should be located at the project site, or at Applicant City of Carlsbad Planning Department Review and approval of interpretation opportunity Prior to issuance of demolition permit Aug. 21, 2024 Item #1 63 of 128 City of Carlsbad Three on Garfield MMRP Page 3 of 5 Mitigation Measure Responsible for Mitigation Responsible for Verification Method of Verification Timing of Verification Verification Date Comments some other location determined as appropriate by the qualified team and the City Planner. MM CR- 3 Architectural Salvage Prior to the issuance of demolition permits that would remove character-defining features of the building, the developer shall consult with city Planning Department staff as to whether any such features may be salvaged. This could include both interior and exterior features for preservation on or off-site or for sale or use in another structure. The developer shall make a good faith effort to salvage materials of historical interest to be utilized as part of the interpretative program. The developer shall prepare a salvage plan for review and approval by the City Planner prior to issuance of any site demolition permit. Applicant City of Carlsbad Planning Department Submittal of salvage plan Prior to issuance of demolition permit MM CR- 4 Construction Monitoring Prior to the commencement of any ground disturbing activities, the project developer shall enter into a Pre- Excavation Agreement, otherwise known as a Tribal Cultural Resources Treatment and Tribal Monitoring Agreement, with a Traditionally and Culturally Affiliated Luiseño tribe (TCA Tribe). This agreement will contain provisions to address the proper treatment of any tribal cultural resources and/or Luiseño Native American human remains inadvertently discovered during the course of the project. The agreement will outline the roles and powers of the Luiseño Native American monitors and the archaeologist. Such agreement shall include at minimum, that, if a possible tribal cultural resource is uncovered during ground disturbing activities, all work shall cease within a minimum distance of 50 feet from the find until a Qualified Tribal Monitor and Archaeological Monitor have had the opportunity to evaluate the find. If a Qualified Tribal Monitor or Archaeological Monitor determines that the Applicant’s Construction Contractor City of Carlsbad Planning Department Pre-Excavation Agreement, Tribal and Archaeological Monitor Contract, and Site inspections Prior to issuance of grading permit. during site preparation and grading Aug. 21, 2024 Item #1 64 of 128 City of Carlsbad Three on Garfield MMRP Page 4 of 5 Mitigation Measure Responsible for Mitigation Responsible for Verification Method of Verification Timing of Verification Verification Date Comments object or artifact appears to be a potentially significant tribal cultural resource, the City of Carlsbad shall notify the affiliated Tribes to conduct a site visit and make recommendations to the City regarding the monitoring of future ground disturbance activities and the treatment and disposition of any discovered tribal cultural resources. A copy of said archaeological contract and Pre-Excavation Agreement shall be provided to the City of Carlsbad prior to the issuance of a grading permit. A Luiseño Native American monitor shall be present during all ground disturbing activities. Ground disturbing activities may include, but are not be limited to, archaeological studies, geotechnical investigations, clearing, grubbing, trenching, excavation, preparation for utilities and other infrastructure, and grading activities. Consistent with Public Resources Code Section 21083.2, the handling, treatment, preservation, and recordation of tribal cultural resources should occur as follows: • The find should be preserved in place or left in an undisturbed state unless the project would damage the resource. • All collected artifacts, if not human remains or other mortuary objects, shall be repatriated to the affiliated Tribes for reburial on the project site. MM CR- 5- Discovery of Human Remains In the event human remains are encountered, State Health and Safety Code Section 7050.5 and State CEQA Guidelines Section 15064.5(e)(1) state that no further disturbance shall occur to the area of the find until the County Coroner has made a determination of origin and disposition of the human bone pursuant to Public Resources Code Section 5097.98. The County Coroner shall be notified of the find immediately and shall make their determination within two working days of being Applicant’s Construction Contractor City of Carlsbad Planning Department Site inspections During site preparation and grading Aug. 21, 2024 Item #1 65 of 128 City of Carlsbad Three on Garfield MMRP Page 5 of 5 Mitigation Measure Responsible for Mitigation Responsible for Verification Method of Verification Timing of Verification Verification Date Comments notified. If the remains are determined to be Native American, the County Coroner shall notify the Native American Heritage Commission (NAHC) by phone within 24 hours, and the NAHC shall then immediately determine and notify a Most Likely Descendant. With the permission of the landowner or his/her authorized representative, the Most Likely Descendant may inspect the site of the discovery. The Most Likely Descendant shall complete the inspection and make recommendations or preferences for treatment of the remains within 48 hours of being granted access to the site. The Most Likely Descendant’s recommendations may include scientific removal and nondestructive analysis of human remains and items associated with Native American burials, preservation of Native American human remains and associated items in place, relinquishment of Native American human remains and associated items to the descendants for treatment, or any other culturally appropriate treatment. Aug. 21, 2024 Item #1 66 of 128