HomeMy WebLinkAbout2024-11-19; City Council; Resolution 2024-259RESOLUTION NO. 2024-259
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING PROCEDURES TO IMPLEMENT PUBLIC UTILITIES
CODE §21661.6
CASE NAME:
CASE NO.:
CODE AMENDMENTS FOR NEW AND EXPANDED AIRPORT
LAND USES
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 PAMPU"). 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 PAMPU 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, in part,
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 (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 City
Council 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 City Council'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 City Council has adopted it per
companion resolution on Nov. 19, 2024 (Exhibit 1 to the City Council staff report); and
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 City Council 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 Oct. 16, 2024; and
e.Additional information submitted during the public hearing.
WHEREAS, the City Council has determined that it is necessary to
adopt procedures concerning noticing, standards for review, and other matters relating the City of
Nov. 19, 2024 Item #9 Page 124 of 192
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 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) the evidence, facts,
findings and other determinations set forth in herein; (4) 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.
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 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
Nov. 19, 2024 Item #9 Page 125 of 192
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 City Council 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 City Council therefore APPROVES the Procedures
(Attachment A; Planning Case No. OAJ2024-0001).
Nov. 19, 2024 Item #9 Page 126 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
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
Nov. 19, 2024 Item #9 Page 128 of 192
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Procedures to Implement PUC §21661.6
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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.
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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.
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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
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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).
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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.
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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.
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