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Carlsbad planning panel certifies EIR and approves permits for Garfield triplex despite historic-resource finding

Carlsbad Planning Commission · August 21, 2024
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Summary

The Carlsbad Planning Commission on Aug. 21 certified a final environmental impact report finding the Victor Condos a CEQA-qualifying historic resource, then adopted findings of overriding consideration and approved permits to demolish the structure and build a three-unit triplex by a 4–1 vote; Commissioner Lafferty voted no.

The Carlsbad Planning Commission on Aug. 21 certified the final environmental impact report (EIR) for the “3 on Garfield” proposal and approved the discretionary permits needed to demolish the Victor Condos and build a three-unit condominium structure at Garfield and Beach.

Senior Planner Lardy and Associate Planner Van Lewin told the commission the project would replace an existing three-unit complex with a new triplex and that the EIR concluded demolition would cause a significant and unavoidable CEQA impact because the Victor Condos meet the state criteria for a historic resource. Staff recommended adoption of findings of overriding consideration — a formal CEQA determination that the public benefits and feasibility considerations outweigh a significant impact — and approval of the associated entitlements, including a plan development permit, site development plan, coastal development permit, nonconforming construction permit and minor subdivision.

Why it matters: The decision allows the property owner to proceed with the proposed demolition and new construction despite a staff-contracted historic assessment finding the building eligible for listing under the California Register of Historic Resources and potentially eligible for the National Register. Commissioners split the votes into two motions: one to certify the final EIR and findings of overriding consideration and a second to approve the project permits. Both motions passed 4–1, with Commissioner Lafferty casting the lone no vote.

During the hearing, consultants from ASM — Shannon Davis and Laura Kang — told commissioners they judged the Victor Condos architecturally eligible under CEQA and eligible for the California Register; they cited the building’s profile in architectural publications and its representation of postmodern/post-postmodern design within the region. The EIR identified demolition of that resource as the project’s only significant unavoidable impact; other potential impacts were found less than significant with mitigation.

Commissioners pressed staff and consultants on alternatives and mitigation. Staff described three CEQA alternatives studied in the EIR: a no-project alternative, a full rehabilitation alternative that would preserve the entire historic resource, and a partial rehabilitation alternative that would preserve the building’s character-defining false front while replacing other elements. Staff and the EIR manager (Baranek Consulting Group) said the partial or full rehabilitation options raised substantial cost and feasibility concerns: the EIR cited a cost differential (figures discussed during the hearing ranged from about $235,000 to $300,000 in comparative economics and other analyses) and concluded full rehabilitation would likely be economically infeasible for the owner.

Applicant attorney Wayne Brechtel and architect John Berry argued the owner, Renee Wales, could not afford full rehabilitation and described structural, foundation, termite and mold problems that make the building uninhabitable; Wales said she had invested hundreds of thousands into maintenance and that rehabilitation would require amounts far exceeding the building’s post-rehab market value. Staff’s recommended mitigation measures — photographic documentation, an interpretive plaque, and salvage of character-defining elements where feasible — would be required prior to demolition if the project proceeds.

Commissioner Lafferty urged stronger preservation measures, noting the structure’s architectural recognition in the profession and urging facade retention or other more substantial mitigation. Commissioners Stein, Mertz and others countered that the building is in poor condition and that full rehabilitation was not practicable; several members supported the interpretive-plaque and documentation approach as a reasonable mitigation given the building’s condition and project objectives.

Outcome and next steps: On split motions, the commission first certified the final EIR and adopted the required findings, including the overriding considerations, and then approved the project entitlements. Both resolutions passed 4–1; Commissioner Lafferty voted no. The staff record indicates the project may be appealed to the City Council as provided under Planning Commission procedures. Staff noted no public speakers registered for the item that evening; one supporter (Sam Wright) asked to have his support entered into the record.

The commission closed the hearing and adjourned. The commission’s next meeting was announced for Sept. 4, with a workshop on the Climate Action Plan update tentatively scheduled for a later date.