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HomeMy WebLinkAbout2024-10-16; Planning Commission; Resolution 7526PLANNING COMMISSION RESOLUTION NO. 7526 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CITY PROCEDURES TO IMPLEMENT PUBLIC UTILITIES CODE §21661.6. CASE NAME: CODE AMENDMENTS FOR NEW AND EXPANDED AIRPORT LAND USES CASE NO.: OAJ2024-0001 (PUB2024-0008) WHEREAS, the McClellan-Palomar Airport ("Palomar Airport") is owned and operated by the County of San Diego ("County") and was annexed to the City of Carlsbad ("City") on Sept. 11, 1978; and WHEREAS, airport master plans are prepared to support planning for future needs for existing airports. The last airport master plan completed for Palomar Airport was adopted on Dec. 08, 2021, which was developed by the County to address potential future needs of the Palomar Airport ("2021 PAM PU"). The 2021 PAMPU identifies several improvements to meet and accommodate predicted growth in operations, including extension of the existing runway to support a fleet of larger aircraft; and WHEREAS, because the 2021 PAM PU contemplates acquisition of property beyond the current boundaries of the Palomar Airport (and those properties are located within the limits of the City), under California law (Public Utilities Code §21661.6) the acquisition of the property may not begin until: (1) the County submits a plan detailing the proposed uses of the property to the City; and (2) the City holds a public hearing on the plan and subsequently approves that plan; and WHEREAS, the City Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; and WHEREAS, on Dec. 17, 2019, a minute motion was made by the City Council that directed the City Manager and the City Attorney to coordinate and bring back to Council specific procedures outlining a process the City of Carlsbad would use to consider an application for the approval of the acquisition of property where such approval is required under Public Utilities Code §21661.6 and where a vote of the people of Carlsbad would fit into that process (hereinafter collectively referred to as "Project"); and WHEREAS, an original copy of the proposed procedures and all other related Project materials are on file in the Planning Division, with a copy of each document submitted to the Planning Commission for its consideration. The Planning Division, located at 1635 Faraday Avenue, Carlsbad CA 92008, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the Planning Commission's decision is based, which documents and materials shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act; and WHEREAS, pursuant to CEQA (Public Resources Code §§21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), 14 California Code of Regulations §§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. Pursuant to CEQA, Addendum No. 2 to the Final Supplemental Environmental Impact Report, State Clearinghouse No. 2022090339 (Planning Case No. EIR 2022-0007), relative to the Project was prepared and the Planning Commission has recommended adoption of it per Planning Commission Resolution No. 7524. If the City Council adopts the addendum, no further CEQA environmental analysis would be required and all aspects of CEQA will be satisfied; and WHEREAS, a notice of public hearing was published in the "San Diego Union Tribune" on October 4, 2024, and the time, place, and purpose of the public hearing was given in accordance with Government Code §§54950 et seq. ("Ralph M. Brown Act") and Carlsbad Municipal Code §§21.54.060.A and 21.54.061; and WHEREAS, a public hearing was held by the Planning Commission on Oct. 16, 2024, in the City Council Chambers located at 1200 Carlsbad Village Drive, Carlsbad, California. The public hearing allowed interested persons to appear and present their views. Evidence was presented to, and considered by, the Planning Commission at this public hearing, including, without limitation: a. Written information; b. Oral testimony from City staff, interested parties, and the public; c. The Planning Commission staff report, dated Oct. 16, 2024, which along with its attachments is incorporated herein by this reference as though fully set forth herein; and d. Additional information submitted during the public hearing. WHEREAS, the Planning Commission has determined that it is necessary to adopt procedures concerning noticing, standards for review, and other matters relating the City of Carlsbad's role, review, and approval of an application for approval of a plan for airport expansion or enlargement or where there is an acquisition of property beyond the current boundaries of the airport, including necessary findings pursuant to Public Utilities Code §21661.6 ("Procedures"); and WHEREAS, the Record of Proceedings upon which the Planning Commission bases its decision includes, but is not limited to: (1) Project-related environmental documents, and any appendices and technical reports cited in and/or relied upon in preparing the environmental documents; (2) the staff reports, City files and records and other documents, prepared for and/or submitted to the City relating to Addendum No. 2 to the SEIR and 'the Project itself; (4) the evidence, facts, findings and other determinations set forth in herein; (7) the General Plan and the Carlsbad Municipal Code; {5) all designs, plans, studies, data and correspondence submitted to the City in connection with the Project itself; (6) all documentary and oral evidence received at public workshops, meetings, or hearings or submitted to the City during the comment period and/or elsewhere during the course of the review of the Project itself; {7) all other matters of common knowledge to the to the City, including, but not limited to, city, state, and federal laws, policies, rules, regulations, reports, records and projections related to development within the city and its surrounding areas; and WHEREAS, the City staff from the Planning Division and Office of the City Attorney have jointly drafted this resolution based on the information provided in the administrative record, with the understanding that this information is complete, true, and accurate. follows: NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad, California, as 1.Record and Basis for Action. The Planning Commission has considered the full record before it, which includes the Record of Proceedings. Furthermore, the recitals set forth above are found to be complete, true, accurate, and material to this resolution; and are incorporated herein by reference. 2.The Planning Commission finds that the acquisition of additional property beyond the current boundaries of the airport is subject of interest to the local businesses, residents, and other community members of Carlsbad and the cities of San Marcos and Vista, among others. The Procedures, which are attached hereto as Attachment A as though fully set forth herein, are designed to provide an expeditious review of County applications for approval of plans to acquire property as required by Public Utilities Code §21661.6, while ensuring that all interested parties are given a full and fair opportunity to present their views on such applications. 3.The Planning Commission further finds that the Procedures do not affect the existing rights and obligations of the County under existing statutes and regulations but are legally binding in their own right. Any acquisition of any interest in real property authorized under the Public Utilities Code would have to be considered by the City Council at a public hearing as required by Public Utilities Code §21661.6. 4.The airport master plan and its appendices and supplementary materials as adopted by the County does not relieve a person or persons from the responsibility of complying with applicable laws, policies, rules, regulations of any city, state, and federal agencies. 5.Pursuant to the above findings, the Planning Commission therefore RECOMMENDS APPROVAL of the Procedures (Attachment A; Planning Case No. OAJ2024-0001). PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on Oct. 16, 2024, by the following vote, to wit: AYES: Kamenjarin, Danna, Hubinger, Lafferty, Meenes, Stine NAYES: Merz ABSENT: None. ABSTAIN: None. ATTEST: MIKE STRONG, Assistant Director, Community Development Attachment A Procedures for the City of Carlsbad’s Review for New or Expanded Airport Land Uses This paper outlines the procedures concerning noticing, standards for review, and other matters relating to the City of Carlsbad’s role, review, and approval of an airport expansion or enlargement plan or where there is an acquisition of property beyond the current boundaries of the airport, including necessary findings pursuant to California Public Utilities Code (“PUC”) §21661.6 (“Procedures”). Nothing in this paper or implementation of thereof, affects any City Council action regarding local land use requirements to obtain a conditional use permit, conditional use permit amendment, or zoning map or text change, or any other action related to compliance with City Code requirements. I. INTRODUCTION The McClellan-Palomar Airport (“Airport”) is owned and operated by the County of San Diego and located north of Palomar Airport Road between College Avenue and El Camino Real. Palomar Airport is a federally funded public use airport. The County operates the Airport subject to regulation by the State of California and the Federal Aviation Administration (FAA). The single-runway Airport opened as the Palomar Airport in 1959 after County officials decided to replace the Del Mar Airport. The Airport was annexed to the City of Carlsbad (“City”) in 1978 and renamed the McClellan-Palomar Airport in 1982. Today, the Airport provides general aviation, corporate, scheduled charter, and commercial services; and is utilized by local businesses, residents, and other community members. The FAA sets industry standards for airport design based upon the largest aircraft that commonly uses an airport. (FAA defines common use as 500 operations per year.) The Airport currently meets the FAA design criteria for B-II Airport Reference Code (ARC). The County’s Airport Master Plan and proposed airport layout plan recommends runway improvements so that the Airport can meet D-III design {'Cityof Carlsbad .......... Procedures to Implement PUC §21661.6 2 | Page criteria.1 Adherence to this higher level of design may require that the County expand the Airport or enlarge areas designated or set aside for the operation, storage, or maintenance of aircraft or utilized or to be utilized to preserve the safety of aircraft operations or the safety of persons or property on the ground in the vicinity of aircraft operations. If the County were to implement its Airport Master Plan as drafted, the County would need to acquire property beyond the current boundaries of the Airport (and those properties are located within the limits of the City). California law (PUC §21661.6) provides that the acquisition of the property to expand an airport may not begin until: • The County submits a plan detailing the proposed uses of the property to the City; and • The City holds a public hearing on the plan and subsequently approves that plan. The potential acquisition of additional property is subject of interest to the local businesses, residents, and other community members of Carlsbad and the cities of San Marcos and Vista, among others. The procedures presented here are designed to provide an expeditious review of any County proposal (presumably consistent with its Airport Master Plan Update (“Expansion Plan”), while ensuring that all interested parties are given a full and fair opportunity to present their views on any potential acquisition of property beyond the current boundaries of the Airport. Since its opening, the Airport has been a topic of concern for many residents because of its impact on the community. The City has imposed limitations on growth of the Airport in a variety of ways, including through annexation and issuance of a conditional use permit (CUP-172, approved by Planning Commission Resolution No. 1699). In addition, the City Council amended the Carlsbad Municipal Code in 1980 to include Section 21.53.015, which requires an affirmative public vote before the City Council can take any legislative action necessary to authorize expansion of the Airport. 1 The Federal Aviation Administration (FAA) uses an Airport Reference Code (ARC) to establish safety-related design criteria based on the Critical Design Aircraft, which is based on the fastest and widest aircraft that use a particular airport. The ARC is an alpha-numeric designation based on the aircraft’s approach speed (A, B, C, D, or E), and wingspan and tail height (I, II, III, IV, V or VI), whereby A-I aircraft are slower and smaller than E-VI. Procedures to Implement PUC §21661.6 3 | Page II. SUMMARY OF SCHEDULE In order to ensure a thorough, transparent, and efficient review of any proposal by the County for the expansion of the Airport, City staff will endeavor to use its best efforts to adhere to the following schedule for review of any expansion plan submitted in compliance with Public Utilities Code Section 21661.6: DAY 1: Notice of Filing and Completeness of Application to County DAY 60: Issuance of Preliminary Staff Analysis of Expansion Plan and Notice of Availability of Expansion Plan and Public Review Period* DAY 75: End Public Review Period of Preliminary Staff Analysis of Expansion DAY 80: Hearing Date Set (to be held within 40 days) DAY 110: Notice of Public Hearing DAY 120: Target Public Hearing/Decision Date* * The City intends to reach a decision on the Expansion Plan within 120 days after the Notice of Filing is provided to the County. While staff will endeavor to adhere to this timeline, the failure to refer the Expansion Plan to the City Council within 120 days will not affect the validity of the proceedings or City Council’s action. If the City Planner issues its Preliminary Staff Analysis earlier than Day 60 or sets the hearing date earlier or later than 120 days, the date or subsequent events will change accordingly. III. OUTLINE OF PROCEDURES A. Submission of the Expansion Plan The County must submit the following materials in an Expansion Plan application: 1. The certified or adopted environmental clearance document; 2. Copy of the latest Airport Master Plan; and 3. Summary of the proposed acquisition of property and the role that property will play in the proposed Expansion Plan. Procedures to Implement PUC §21661.6 4 | Page No Expansion Plan application shall be accepted unless it is in the proper form and contains all required information. The City’s review of the Expansion Plan will not begin unless a duly filed application has been accepted by the Planning Division. Submittals may be rejected if the submittal package is incomplete. In order to expedite review of the Expansion Plan documentation, the County is urged to consult with City staff in advance of submission of an application to ensure that the submission will be deemed complete upon filing; incomplete submissions will inevitably delay review. B. Notice of Filing and Completeness of Application to Airport Authority After the City has determined that the information submitted by the County constitutes an adequate plan on which to base a review of an airport expansion or enlargement plan under PUC §21661.6, the City’s Planning Division will notify the County by letter that its application under PUC §21661.6 is complete and ready for processing. This Notice of Filing and Completeness of Application (“Notice of Filing”) will trigger the City’s review process and timeline. The Notice of Filing will include target dates for actions under these Procedures. C. Submission of Additional Information The County is not required to submit any additional information regarding the Expansion Plan. However, if the County wants to submit any additional information for consideration by the City staff in preparing its Preliminary Staff Analysis of the Expansion Plan, the City will accept building specifications, plans detailing placement of buildings, sewer lines, water lines, etc., forecasts of aviation demand, analysis of airport capacity, environmental procedures and analysis, an access plan, a land use plan, a terminal area plan, development schedules and cost estimates, analysis of the impact of the Expansion Plan on affected areas of the City, or any other information the County wishes to provide. D. Preliminary Review by City Staff review of the Expansion Plan will begin once the Notice of Filing of Application is provided to the County. Within 60 days, City staff will prepare a Preliminary Staff Analysis of the Expansion Plan (the "Preliminary Analysis"). The Preliminary Analysis has a 15-day public review period which is provided by the Notice of Availability of Expansion Plan and Public Review Period (“Notice of Availability”). The Notice of Availability must be published as a display advertisement of at least one- eighth page in at least two newspapers of general circulation within the City; and will be mailed to the last known name and address of all organizations and individuals who have previously requested such notice in writing. The Notice of Availability must also be posted Procedures to Implement PUC §21661.6 5 | Page on the City’s Internet website or to another Internet website where other City notices are posted. A copy of the Preliminary Analysis and Notice of Availability will be provided to the County. A copy of the Preliminary Analysis will also be available for public review (and may be copied at the expense of any interested party) at: Planning Division 1635 Faraday Avenue Carlsbad, California 92008 E. Preliminary Analysis Review Period and Opportunity to Supplement the Public Record A 15-day period will be provided for interested parties to review the Preliminary Analysis before the City establishes the date for a public hearing. This 15-day review period will begin when the Preliminary Analysis is provided to the County. The County or any other interested party may submit written comments on the Preliminary Analysis and/or submit additional information regarding the proposed Expansion Plan during this period. Submission of any written comments and/or supplementary information will be voluntary only and will be included in the public record. F. Time of Public Hearing Within five days of the end of the 15-day period for review of the Preliminary Analysis, the City Planner will set the date on which the public hearing on the Expansion Plan will be held. It is the City's intention to reach a decision on the Expansion Plan within 120 days after the Notice of Filing of Application is provided to the County. This timeline is discretionary, not mandatory, and the failure to refer the Expansion Plan to the City Council within 120 days does not affect the validity of the proceedings or City Council’s action. G. Time and Manner of Notice of Public Hearing and Availability of Expansion Plan Notice of the application for Expansion Plan approval pursuant to PUC §21661.6 shall be given pursuant to the provisions of the Carlsbad Municipal Code Sections 21.54.060.A.1 and 21.54.061. All written comments submitted to the City Planner will become a part of the record of the hearing. A copy of all written comments will be available to the public (and may be copied at the expense of any interested party). Procedures to Implement PUC §21661.6 6 | Page Hearing The City Council will conduct the public hearing on the Expansion Plan in accordance with its standard procedures for public hearings contained in Carlsbad Municipal Code Chapter 1.20 and any additional rules and regulations developed by the City Clerk. 1. Presentation/Summary of Expansion Plan. City staff will present a summary of the Preliminary Analysis and any revision made as a result of comments or information received during the review period. This presentation will include a summary of the proposed acquisition of the subject property by the County and the role that property will play in the proposed Expansion Plan. 2. Summary of Communications. Written communications received or provided by the City regarding matters under consideration at the hearing will be summarized. A copy of all such communications will be entered into the record. 3. Opportunity for Interested Parties to be Heard. Both those interested parties who favor and those who oppose approval of the Expansion Plan will be heard. Any written comments not previously submitted will be accepted and made a part of the record at that time. If the County requests, it will be given an opportunity to comment on both the Preliminary Analysis and any public comment. Such comment will be in addition to any written submission provided by the County. 4. Record of Hearing. A record of the hearing will be made and will include an audio/visual recording of the proceedings, a copy of the Expansion Plan, a copy of all written comments received prior to and during the hearing, and any other material necessary to provide a full, adequate administrative record of the proceeding. IV. OUTLINE OF REQUIREMENTS FOR APPROVAL The Expansion Plan will be approved if the City Council finds that: 1. The Expansion Plan does not require the prior or concurrent approval of a conditional use permit, conditional use permit amendment, or zoning map or text change by the City.2 2 Discretionary permits or approvals prescribed by Title 21 of the Carlsbad Municipal Code may be required as a prerequisite for entitlement and must be obtained and secured prior to the approval of an Expansion Plan. If the details of the County’s request require the processing of discretionary permits, there are inherent risks associated with concurrent processing. A discretionary permit may be approved, approved with conditions, or denied. Procedures to Implement PUC §21661.6 7 | Page 2. The advantages to the public of the proposed Expansion Plan outweigh the disadvantages to both the public and the environment. Environmental factors to be considered include noise, air pollution, and the burden on surrounding areas, including traffic. 3. Approval of the Expansion Plan is consistent with the objective of adopting land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to compatible uses. In determining whether these findings are justified, the City Council will consider any factors which it deems to be relevant, including the following: A. Determination that appropriate public notice was provided. B. The impacts and consequences of all phases of the Expansion Plan, including but not limited to land acquisition; project development; and the operation, storage, or maintenance of aircraft. C. All significant effects of the proposed expansion, both direct and indirect, over the short term and long term, including the impact the project may have on road traffic, infrastructure needs, or other impacts associated with greater number of persons using the airport. Nothing in this section will preclude the City Council from approving the Expansion Plan subject to conditions designed to ensure that the advantages to the public of the proposed Expansion Plan will outweigh the disadvantages to both the public and the environment. Such conditions may include mandatory amendments to the Expansion Plan, or the imposition of restrictions or limitations, to the extent not preempted by FAA, on the implementation of the Expansion Plan.