HomeMy WebLinkAbout2023-11-13; Historic Preservation Commission; ; Three on Garfield Environmental Impact ReportMeeting Date: Nov. 13, 2023
To: Historic Preservation Commission
From: Mike Strong, Assistant Director of Community Development
Staff Contact: Mike Strong, Assistant Director of Community Development
Mike.Strong@carlsbadca.gov, 442-339-2721
Subject: Three on Garfield Environmental Impact Report
Recommended Action
Review the Three on Garfield Environmental Impact Report and provide feedback to staff.
Executive Summary
Cities and counties weigh a variety of factors when deciding whether to approve a proposed
development project or discretionary project. One such factor is what kind of effect a project
would have on the environment. The term "environment" includes natural and man-made
elements of our surroundings. This includes land, air, water, minerals, plants, animals and
noise. It also includes things like historic buildings or structures.
As part of the environmental review of development projects affecting historic buildings or
structures, the Historic Preservation Commission may review and comment upon the adequacy
of the environmental document during the public review period under California Environmental
Quality Act (CEQA). The City of Carlsbad is currently processing an Environmental Impact
Report for the Three on Garfield project. Staff will provide a brief overview of CEQA, the
environmental review process, and ask the Commission to review and comment on the Three
on Garfield’s EIR.
EIRs do not advocate either approval or denial of a project. The feedback received from the
Commission and other information received from the environmental review process helps
decision-makers decide whether to approve, conditionally approve, or deny a project.
Explanation & Analysis
The California Environmental Quality Act (CEQA) was adopted in 1970 and is a procedural
statute designed to inform decision makers and public about potential environmental effects of
projects. CEQA is listed under sections 21000 et seq. of the Public Resources Code (PRC) with
Guidelines for implementation codified in the California Code of Regulations (CCR), Title 14,
Chapter 3, Sections 15000 et seq. Although one of the most important goals of CEQA is to
provide decision makers with information about the environmental impacts of projects prior to
HISTORIC PRESERVATION COMMISSION
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Staff Report
granting approval, another equally important goal is to allow the public to comment on the
impacts of projects in their community.
If a project is not exempt from environmental review, the next step is to prepare an initial
study. If the initial study shows that the project may have a significant effect on the
environment, the next step is to prepare the more extensive environmental impact report. For
the Three on Garfield project, the report prepared can be referred to by the initials "EIR."
An EIR is a detailed analysis of a proposed project's potentially significant effect on the
environment. An EIR is an extensive environmental document, which contains a number of
different items, such as:
•The report describes the proposed project. The EIR must include a description of the
physical environmental conditions in the vicinity of the project as they exist at the time
the notice of preparation is published.
•The report identifies and analyzes each significant environmental impact expected to
result from the proposed project.
•The report also recommends steps to avoid or minimize those impacts. These actions
are called "mitigation measures." Mitigation measures must be fully enforceable
through permit conditions, agreements, or other legally binding instruments.
•The report must also identify all significant environmental effects which cannot be
avoided with the proposed project.
•Alternative project options are considered in an EIR, including the option of "no
project."
The City of Carlsbad prepared a Draft EIR for the Three on Garfield project. The project
applicant, John Beery, Beery Group, Inc, is proposing the demolition 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 with first-floor garages. The proposed Three on
Garfield project is located on a 0.16-acre infill site at 2685, 2687, and 2689 Garfield Street in the
northwestern portion of the city.
The applicant has applied for a number of entitlement applications, including a Planned
Development Permit (PUD) to facilitate individual ownership of units; a Site Development Plan
(SDP) as required for development within the Beach Area Overlay Zone; a Coastal Development
Permit (CDP) for development on a site located in the Coastal Zone; a Minor Subdivision (MS) to
create air-space condominiums; and a Nonconforming Construction Permit (NCP) to allow the
continuation of the legally established use of three dwelling units on a property where two
dwelling units are permitted. No General Plan Land Use or Zoning changes are proposed. No
Local Coastal Program Land Use of Zoning changes are proposed.
A Notice of Availability of the Draft EIR was published in the San Diego Union Tribune on Oct.
30, 2023. The Draft EIR is on file with the City of Carlsbad Planning Division, located at 1635
Faraday Avenue, Carlsbad CA 92008 and copies of the Draft EIR are available at the City of
Carlsbad website at http://www.carlsbadca.gov/services/depts/planning/agendas.asp. The
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Draft EIR is also available at the City Clerk’s Office, 1200 Carlsbad Village Drive, and the city
libraries. The Draft EIR will be available for public review and comment from October 30, 2023,
through December 15, 2023.
Pursuant to section 2.42.040 of the Carlsbad Municipal Code (CMC), as part of the
environmental review of development projects affecting historic buildings or structures, as
identified in the environmental study, the Historic Preservation Commission may review and
comment upon the adequacy of the environmental document during the public review period
under CEQA. Staff is asking the Commission to review and comment on the Three on Garfield’s
EIR. Oral comments made during the Nov. 13, 2023 Historic Preservation Commission meeting
will be summarized for inclusion in the Final EIR. Members of the public wishing their verbatim
comments to be incorporated are directed to submit their comments in writing. Pursuant to
section 15204 of the CEQA Guidelines, in reviewing Draft EIRs, persons and public agencies
should focus on the sufficiency of the document in identifying and analyzing the possible
impacts on the environment and ways in which the significant effects of the project might be
avoided or mitigated. The decision-makers will consider the information in the Final EIR along
with other information presented during the approval process when determining whether to
adopt or modify the proposed project. Pursuant to State CEQA Guidelines Section 15002(h), the
information in the Final EIR does not control the city’s ultimate decision on approval of any
component of the proposal.
Fiscal Analysis
There is no direct fiscal impact associated with receiving this information report.
Environmental Evaluation (CEQA)
The action before the Planning Commission is statutorily exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262,
Feasibility and Planning Studies. This organizational and administrative activity relates to the
ongoing study of the Three of Garfield project. This discussion does not have a legally binding
effect on any possible future discretionary action.
The EIR is an informational document that is intended to inform the city’s decision-makers and
the public of the significant environmental effects of adopting the Three on Garfield project,
and associated implementation measures, and the alternatives analyzed. Public input is an
important component to the decision-making process.
Interested parties may provide written comments on the Draft EIR before the end of the 45-day
public review and comment period. Written comments on the Draft EIR must be submitted to:
Eric Lardy, City Planner
City of Carlsbad Planning Division
1635 Faraday Avenue Carlsbad, CA 92008
Comments may also be e-mailed to Eric.Lardy@carlsbadca.gov. Following the 45-day public
review and comment period for the Draft EIR, the city will prepare a written response for each
written comment received on the Draft EIR. Public input received and technical information
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prepared during the environmental review process will be utilized in preparing a Final EIR to
support the analysis of the proposed project. The written comments and city responses to
those comments, as well as any required EIR changes, will be incorporated into a Final EIR. The
Final EIR will be reviewed by the city at the time the proposed project is considered for
approval.
Exhibits
None.
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