HomeMy WebLinkAbout2024-11-19; City Council; Resolution 2024-258RESOLUTION NO. 2024-258
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING AMENDMENTS TO THE GENERAL PLAN LAND
USE AND COMMUNITY DESIGN ELEMENT TO SPECIFY AND CLARIFY CODE
REQUIREMENTS AND PERMIT REVIEW PROCEDURES FOR NEW AND
EXPANDED AIRPORT LAND USES
CASE NAME:
CASE NO.:
CODE AMENDMENTS FOR NEW AND EXPANDED
AIRPORT LAND USES
GPA2024-0001 (PUB2024-0008)
WHEREAS, the Federal Aviation Administration ("FAA") is an operating mode of the U.S.
Department of Transportation -Title 49 of the United States Code (49 U.S.C. §106), and, among
other things, regulates airports and provides guidance and standards for airport design,
construction, and operations, and administers other rules within Title 14 of the Code of Federal
Regulations ("14 CFR Aeronautics and Space"); and
WHEREAS, the general balance between local, state, and federal authority in the context of
aviation regulation is well established. The FAA has the exclusive authority to regulate aircraft safety
and the efficient use of the airspace. Outside those fields, local or state agencies may enact laws,
policies, rules, or regulations so as long as federal law, including FAA regulation, does not preempt
those state or local laws; and
WHEREAS, the FAA publishes advisory circulars to provide guidance to airport proprietors
on compliance with certain requirements imposed by the FAA. Advisory Circular, AC No: 150/5070-
6B -July 2005, provides guidance for the preparation of airport master plans to support the
modernization or expansion of existing airports or the creation of new airports that range in size
and function from small, privately owned airstrips to large hub commercial airports; and
WHEREAS, the purpose of the California State Aeronautics Act (Public Utilities Code §§21001
et seq.) "is to protect the public interest in aeronautics and aeronautical progress." The California
Department of Transportation, Division of Aeronautics, administers much of this statute; and
WHEREAS, the Division of Aeronautics publishes a California Airport Land Use Planning
Handbook, which establishes statewide guidelines for airport land use compatible planning based
on the State Aeronautics Act; and
WHEREAS, the State Aeronautics Act (Public Utilities Code §21670) requires each county in
which an airport is located to establish a seven-member Airport Land Use Commission (“ALUC”).
The ALUC is an advisory group that works to “assist local agencies in ensuring compatible land uses
in the vicinity of” airports (Public Utilities Code §21674(a). The State Aeronautics Act (Public Utilities
Code §21670.3) specifies that the ALUC is responsible for the preparation, adoption, and
amendment of an Airport Land Use Compatibility Plan (“ALUCP”) for each airport. An ALUCP
provides for the orderly growth of an airport and the area surrounding the airport within the
jurisdiction of the ALUC, excluding existing land uses; and
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.
In order to comply with the requirements of the City of Carlsbad Zoning Code, the Local Area
Formation Commission (“LAFCO”) required an appropriate zoning designation be placed upon the
airport property and for the County to obtain a Conditional Use Permit from the City (LAFCO
Annexation Case No. CA77-50); and
WHEREAS, at the time of its annexation, the future development and growth of the Palomar
Airport was set forth in a master plan that was prepared in 1975, hereinafter referred to as the
Palomar Airport Master Plan (“1975 PAMP”); and
WHEREAS, on Sept. 24, 1980, the Planning Commission approved a Conditional Use Permit
(Planning Case No. CUP-172; Resolution No. 1699) as a condition of the Palomar Airport’s
annexation into the City and rezoning of the land for airport-related uses; and
WHEREAS, by the mid-1990s, the County began working on an update to the 1975 PAMP,
called the Palomar Airport Master Plan Update, which was approved and accepted by the San Diego
County Board of Supervisors on Sept. 16, 1997 (“1997 PAMPU”); and
WHEREAS, on Jan. 25, 2010, the Board of the San Diego County Regional Airport Authority,
acting in its capacity as the ALUC for the County, pursuant to Public Utilities Code §21670.3, adopted
an ALUCP for Palomar Airport based on the 1997 PAMPU; and
WHEREAS, on March 4, 2010, the San Diego County Regional Airport Authority adopted the
first amendment to the ALUCP for Palomar Airport; and
WHEREAS, on Dec. 1, 2011, the San Diego County Regional Airport Authority adopted the
second amendment to the ALUCP for Palomar Airport (“2011 ALUCP”), as previously adopted by the
Nov. 19, 2024 Item #9 Page 109 of 192
San Diego County Regional Airport Authority on Jan. 25, 2010, and previously amended on March
4, 2010; and
WHEREAS, according to Public Utilities Code §21676(b), review of county or city plans and
projects pertaining to airport land use compatibility is one of the fundamental responsibilities of
ALUCs. These local government actions fall into two broad groups: (1) land use related, including
general plans and zoning ordinances, building regulation, or individual development projects; and
(2) airport related, including plans for the construction or expansion of an airport; and
WHEREAS, the FAA sets industry design standards for airports based upon the size and speed
of aircraft that use a particular airport. The design standards are set forth in FAA Advisory Circular,
AC No: 150/5300-13B – March 2022, which provides industry standards for airport geometries,
layouts, and designs, all of which fall into design categories called Airport Reference Codes (“ARCs”).
Runways are given an alpha designation (A, B, C, D, & E) based on an aircraft’s approach speed and
given an Airplane Design Group indicated by numeric codes (I, II, III, IV, V, & VI) which are based on
wingspan and tail height; and
WHEREAS, at the time of the Palomar Airport’s annexation into the City, and as of this
writing, the ARC for the Palomar Airport is a B-II classification; and
WHEREAS, on Dec. 16, 2015, the County Board of Supervisors directed County staff to
update the 1997 PAMPU to consider changes to the airport design, including extension of the
existing airport runway; and
WHEREAS, on Sept. 19, 2019, the City Council approved two resolutions, City Council
Resolution No. 2019-178 and Resolution No. 2019-179. Resolution No. 2019-178 formally opposed
the County’s selected Airport Master Plan Update option that extended the runway by up to 800
feet. Resolution No. 2019-179 formally supported the Airport Master Plan Update option that did
not include a runway extension; and
WHEREAS, on Dec. 08, 2021, the County Board of Supervisors certified a Programmatic
Environmental Impact Report (“2021 PEIR”) and adopted the Palomar Airport Master Plan Update
(“2021 PAMPU”).
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
Nov. 19, 2024 Item #9 Page 110 of 192
pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any
law of the State of California; and
WHEREAS, pursuant to Carlsbad Municipal Code §21.52.020, amendments to the City’s
General Plan, Zoning Code, or Local Coastal Program may be initiated by a property owner, the City
Planner, the Planning Commission, or the City Council; and
WHEREAS, on April 23, 2024, the City Council adopted a resolution of intent (Resolution No.
2024-086,) to authorize the processing of code amendment applications to specify and clarify the
City’s code requirements and permit review procedures for new or expanded airport land uses
(hereinafter collectively referred to as “Project”), in accordance with the 1978 annexation
agreement between the City and County, as detailed in the San Diego Superior Court’s ruling in C4FA
v. County of San Diego; and
WHEREAS, pursuant to the authority of Government Code §§65450 – 65457, Government
Code §§65350 et seq., Government Code §§66410 et. seq., and Government Code §§65864 –
65869.5, said verified application in its entirety constitutes amendments to the General Plan Land
Use and Community Design Element (“General Plan”), Title 21 of the Carlsbad Municipal Code
(“Zoning Ordinance”), and Local Coastal Program (the main land use document for coastal area
development and natural resource protection); and
WHEREAS, said verified application was submitted to, and processed by, the Planning
Division of the Community Development Department as Planning Case Nos. GPA2024-0001 /
ZCA2024-0003 / LCPA2024-0021 (PUB2024-0008) in accordance with the rules and regulations of
Title 21 of the Carlsbad Municipal Code, and the applicable procedures and time limits specified by
the Permit Streamlining Act (Government Code §§65920 et seq.) and the California Environmental
Quality Act (“CEQA”) (Public Resources Code §§21000 et seq.); and
WHEREAS, an original copy of the proposed amendments to the General Plan, Zoning
Ordinance, and Local Coastal Program and all other related Project materials are on file in the
Planning Division, with a copy of each document submitted to the City Council for its consideration.
The Planning Division, located at 1635 Faraday Ave., Carlsbad CA 92008, is designated as the
custodian of the documents and other materials which constitute the record of proceedings upon
which the City Council's decision is based, which documents and materials shall be available for
Nov. 19, 2024 Item #9 Page 111 of 192
public inspection and copying in accordance with the provisions of the California Public Records Act;
and
WHEREAS, on Aug. 16, 2024, the San Diego County Regional Airport Authority, acting as the
ALUC, automatically determined that the proposed Project is consistent with the 2011 ALUCP; 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 City Council has adopted it per a companion resolution on Nov.
19, 2024 (Exhibit 1 to the City Council staff report);
WHEREAS, on Oct. 16, 2024, the Planning Commission held a duly noticed public hearing as
prescribed by law to consider the proposed Project; and
WHEREAS the Planning Commission adopted Planning Commission Resolutions No. 7524,
7525, and 7526 recommending that the City Council approve the proposed Project; and
WHEREAS, a public hearing was held by the City Council 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,
d.The City Council staff report, dated Nov. 19, 2024; and
e.Additional information submitted during the public hearing.
WHEREAS, the City Council has determined that it is necessary to
update ordinances and/or policy documents to improve clarity and specify code requirements for
new or expanded airport land uses, pursuant to the 1978 Annexation Agreement between the City
and County, as detailed in the San Diego Superior Court’s ruling in C4FA v. County of San Diego; and
Nov. 19, 2024 Item #9 Page 112 of 192
WHEREAS, the San Diego Superior Court’s ruling in C4FA v. County of San Diego held that the
County waived its immunities. The County obtained CUP-172 as a condition of the City’s annexation
of the Palomar Airport as a General Aviation Airport and rezoning of the land for airport-related
uses; and
WHEREAS, the Record of Proceedings upon which the City Council 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; (3) Planning Commission Resolution
No. 1699 (CUP-172) and its exhibits and attachments; (4) the 1975 PAMP, 1997 PAMPU, and 2021
PAMPU and its appendices and supplementary materials as adopted by the County; (5) the 2011
ALUCP; (6) the evidence, facts, findings and other determinations set forth in herein; (7) the General
Plan and the Carlsbad Municipal Code; (8) all designs, plans, studies, data and correspondence
submitted to the City in connection with the Project itself; (9) 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; (10) all other matters
of common knowledge 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.Record and Basis for Action. The City Council 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 City Council finds that the amendments to the General Plan, which are attached
hereto as Attachment A, are consistent with the General Plan as amended
Nov. 19, 2024 Item #9 Page 113 of 192
hereinafter, in that the goals, objectives, and policies of said planning documents
have been or will be met. A complete analysis of consistency is provided in Exhibit 5
of the Oct. 16, 2024 Planning Commission staff report. The City Council accepts and
makes these findings as its own, are hereby incorporated herein by reference (with
the same force and effect as though fully set forth herein). There is substantial
evidence in the record to support such an implied set of findings. The City Council
further finds that the Project is consistent with City Council Resolution Nos. 7530,
2019-178, and 2019-179.
3.The City Council finds that the Project is consistent with laws, policies, rules,
regulations, and the purposes of the 2011 ALUCP. Until such time that the 2011
ALUCP is updated to account for the 2021 PAMPU, the 2011 ALUCP will continue to
be utilized as a plan of record for new land development projects near the Palomar
Airport. As set forth above, any land development permits proposed will comply with
the noise criteria and safety standards established in the 2011 ALUCP. Deference to
the provisions of the 2011 ALUCP ensures strict adherence to land use measures that
protect the public and minimize their exposure to excessive noise and safety hazards
within areas around public airports to the extent that these areas are not already
devoted to incompatible uses. Requiring compliance with the provisions of the 2011
ALUCP as a specific finding eliminates the risk of conflicting provisions between
ordinances and/or policy documents, and future updates to the ALUCP because the
most current adopted version of the ALUCP is the basis for the proposed findings.
Because the 2011 ALUCP was adopted by the San Diego County Regional Airport
Authority to fulfill the purpose set forth in Public Utilities Code §21670(a)(2), required
compliance with the 2011 ALUPC by its very nature is consistent with that purpose.
4.Notices of public review and for the Nov. 19, 2024 City Council meeting were made
at the time and in the manner required by law.
5.Pursuant to the above findings, the City Council therefore adopts the amendments
to the General Plan as shown in Attachment A.
Nov. 19, 2024 Item #9 Page 114 of 192
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 19th day of November, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Attachment A
GPA2024-0001/ZCA2024-0003/LCPA2024-0021 (PUB2024-0008)
City of Carlsbad
Proposed General Plan Amendments
SECTION 1. GENERAL PLAN AMENDMENTS
Amend the policy 2-P.39 of the Land Use Element portion of the General Plan to read as specified below.
2-P.39 New and Expanded Airport Land Uses.
a. The current Airport Reference Code for McClellan-Palomar Airport, defined in the FAA’s Airport
Design Advisory Circular, is a B-II design classification. The city supports a B-II Enhanced
Alternative McClellan-Palomar design classification, as set forth in the Airport Master Plan, so
long as that classification does not require a runway extension. The city opposes any changes to
the McClellan-Palomar Airport Master Plan that would increase the wingspan or approach speed
design for the airfield (for example, a reclassification as D-III Modified Standards Compliance as
described in the Airport Master Plan), or that would otherwise accommodate larger aircraft than
currently in use at the airport.
b. Require new or expanded airport uses to obtain a conditional use permit or a conditional use
permit amendment, subject to City Council approval. Permit airport development only within
the current boundary of McClellan-Palomar Airport (as shown in Figure 2-1).
c. Prohibit approval of any zone change, general plan amendment or other legislative action that
authorizes expansion of McClellan-Palomar Airport, except in compliance with Title 21 of the
Carlsbad Municipal Code and California Public Utilities Code Section 21661.6.
d. The State Public Utilities Code definitions of “airport” and “airport expansion” shall apply to the
terms contained in this element.
Nov. 19, 2024 Item #9 Page 116 of 192