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Home My WebLink About2024-12-03; City Council; 13; Adoption of Ordinance No. CS-479 Code Amendments for New and Expanded Airport Land UsesCA Review CKM Meeting Date: Dec. 3, 2024 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Faviola Medina, City Clerk Services Director faviola.medina@carlsbadca.gov, 442-339-5989 Subject: Adoption of Ordinance No. CS-479 Code Amendments for New and Expanded Airport Land Uses District: All Recommended Actions Adopt Ordinance No. CS-479 adopting a zone code amendment and a local coastal program amendment to the zoning ordinance (Title 21) of the Carlsbad Municipal Code to specify and clarify code requirements and permit review procedures for new and expanded airport land uses. Executive Summary The recommended action adopts Ordinance No. CS-479 adopting a zone code amendment and a local coastal program amendment to the zoning ordinance (Title 21) of the Carlsbad Municipal Code to specify and clarify code requirements and permit review procedures for new and expanded airport land uses. Whereas, in the past, there may have been a question regarding whether a particular airport- related land use was permitted, conditionally permitted or prohibited, the proposed code amendments and procedures specify and clarify the city’s requirements and permit-review procedures for new or expanded airport land uses for the areas outside an existing airport boundary. The proposed amendments and procedures, including new definitions, are proposed in keeping with the authority granted by state law (California Government Code Section 65800) and shall not be interpreted or enforced in any manner that violates that authority. Proposed amendments to the Zoning Ordinance •Incorporate state law definitions for “airport” and “airport expansion.” •Permit airport land uses only by issuance of a new or amended Conditional Use Permit •Amend the zoning tables to remove airport as a permissible land use, so that only the property within the current boundary of Palomar Airport, as depicted in the city Zoning Map, would remain as conditionally permissible for airport land uses. Dec. 3, 2024 Item #13 Page 1 of 9 Proposed amendments to the Local Coastal Program •Implementation Plan – the proposed Zoning Ordinance amendments (above) for those areas within or impacting areas of the Coastal Zone. The proposed amendments to the Zoning Ordinance constitute portions of the city’s Local Coastal Program Implementation Plan, so they require a concurrent Local Coastal Program amendment. Once it is adopted by the City Council, this plan must be submitted to the California Coastal Commission for review and approval in accordance with the Coastal Act (California Public Resources Code Section 30000 et seq.). Explanation & Analysis Ordinance No. CS-479 was introduced and first read at the City Council meeting held on Nov. 19, 2024. On a motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, the City Council voted 5-0 to introduce Ordinance No. CS-479. The second reading allows the City Council to adopt the ordinance. Fiscal Analysis The existing fiscal year 2024-25 budget includes sufficient funding for the cost of developing and implementing the proposed code amendments and procedures. The City Attorney used outside legal counsel to help review the code amendments. Appropriate funds were previously appropriated and allocated for unfunded litigation, and City Attorney services is included in the city’s operating budget. Next Steps The City Clerk Services Department will have the ordinance, or a summary of the ordinance, published in a newspaper of general circulation within 15 days following adoption of the ordinance. The ordinance will be effective 30 days after its adoption. Environmental Evaluation In accordance with the City’s procedures and California Environmental Quality Act Guidelines Sections 15080–15097, a supplemental environmental impact report State Clearinghouse No. 2022090339, City Planning Case No. 2022-0007), was certified as complete on Jan. 30, 2024, by the City Council for the Housing Element Implementation and Public Safety Element Update. Under CEQA, when taking subsequent discretionary action in furtherance of a project for which an environmental impact report has been certified, the lead agency is required to review any changed circumstances or new information to determine whether any of the circumstances under California Public Resources Code Section 21166 and CEQA Guidelines Section 15162 require additional environmental review. City staff evaluated the proposed code amendments, and all aspects of the changes, in light of the standards for subsequent environmental review outlined in Public Resources Code Section 21166 and CEQA Guidelines Section 15162. City staff concluded that the supplemental environmental impact report fully analyzed and mitigated, where feasible, all potentially significant environmental impacts, if any, that would result from revising the “original” project, the Housing Element update, and therefore, no subsequent environmental impact report or subsequent mitigated negative declaration is required. On that basis, city staff has prepared and the City Council approved an addendum for the changes, in accordance with CEQA Guidelines Section 15164. The proposed code amendments Dec. 3, 2024 Item #13 Page 2 of 9 would not result in new or more severe impacts beyond those addressed in the final environmental impact report and would not meet any other standards requiring further environmental review under State CEQA Guidelines Sections 15162 and 15163. No further analysis or environmental documentation is required. Exhibits 1. Ordinance No. CS-479 Dec. 3, 2024 Item #13 Page 3 of 9 Exhibit 1 ORDINANCE NO. CS-479 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A ZONE CODE AMENDMENT AND A LOCAL COASTAL PROGRAM AMENDMENT TO THE ZONING ORDINANCE (TITLE 21) OF THE CARLSBAD MUNICIPAL CODE TO SPECIFY AND CLARIFY CODE REQUIREMENTS AND PERMIT REVIEW PROCEDURES FOR NEW AND EXPANDED AIRPORT LAND USES CASE NAME: CODE AMENDMENTS FOR NEW AND EXPANDED AIRPORT LAND USES CASE NOS.: ZCA2024-0003 / LCPA2024-0021 (PUB2024-0008) WHEREAS, on Oct. 16, 2024, the Planning Commission held a duly noticed public hearing as prescribed by law to consider ZCA2024-0003 / LCPA2024-0021 (PUB2024-0008); and WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7525 recommending to the City Council that GPA2024-0001 / ZCA2024-0003 / LCPA2024-0021 (PUB2024- 0008) be approved; and WHEREAS, as required by state law, a six-week notice of availability was issued for LCPA2024- 0021 from May 21, 2024, to July 8, 2024. Comments were received and included with the administrative record for the Project, and forwarded to the Planning Commission and City Council; and WHEREAS the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider ZCA2024-0003 / LCPA2024-0021 (PUB2024-0008); and WHEREAS at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors, including written public comments, if any, related to ZCA2024-0003 / LCPA2024-0021 (PUB2024-0008). NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1. The above recitations are true and correct. 2. That the findings of the Planning Commission in Planning Commission Resolution No. 7525 shall also constitute the findings of the City Council. 3. That the creation or establishment of airport hazards is a public nuisance. 4. That, in the interest of the public health, public safety and general welfare, creation or establishment of airport hazards affecting the operation of the airports should be reduced or eliminated. 5. That airport hazards can be reduced or eliminated by establishing boundaries for new or expanded airports. Dec. 3, 2024 Item #13 Page 4 of 9 6. The purpose of this ordinance is not to interfere with the Federal Aviation Administration (“FAA”) requirements (to the extent that such requirements preempt action by the city), but to operate in conjunction with those policies, laws, rules, and regulations to reduce or eliminate adverse airport impacts, public nuisances and to promote public health, safety, and welfare. Nothing herein shall be construed to: (1) affect in any manner any of the exclusive jurisdiction of the FAA, (2) violate safety regulations set by the FAA, or (3) to limit any proprietary right to provide General Aviation Airport aeronautical services. 7. That Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of Sections 21.04.024 and the amendment of Section 21.04.140.1, to read as follows: 21.04.024 Airport “Airport” has the same meaning set forth and defined by Public Utilities Code Section 21013. 21.04.140.1 Expansion. “Expansion” means to enlarge or increase the size of an existing structure or land use including the physical size of the property, building, parking and other improvements. In the context of airports, “airport expansion” has the same meaning set forth and defined by Public Utilities Code Section 21664.5. The acquisition of any real property interest which FAA requires to be depicted on the airport layout plan is included in this definition. 8. That Chapter 21.07 of the Carlsbad Municipal Code is amended to delete “airports” from Section 21.07.020 Table A, as follows: Section 21.07.020 Table A Use P CUP Acc Airports 3 9. That Chapter 21.29 of the Carlsbad Municipal Code is amended to delete “airports” from Section 21.29.030 Table A, as follows: Dec. 3, 2024 Item #13 Page 5 of 9 I I -I I Section 21.29.030 Table A Use P CUP Acc Airports 3 10. That Chapter 21.30 of the Carlsbad Municipal Code is amended to delete “airports” from Section 21.30.010 Table A, as follows: Section 21.30.010 Table A Use P CUP Acc Airports 3 11. That Chapter 21.32 of the Carlsbad Municipal Code is amended to add a footnote to “airports” in Section 21.32.010 Table A, to read as follows: Section 21.32.010 Table A Use P CUP Acc Airports (see note 3 below) 3 3. Permitted by issuance of a conditional use permit by the city council and only within the boundary of McClellan-Palomar Airport as depicted on the zoning map of the city. 12. That Chapter 21.34 of the Carlsbad Municipal Code is amended to delete “air courier services” and “airlines offices, general offices;” and to add a footnote to “airports” in Section 21.34.020 Table A, to read as follows: Section 21.34.020 Table A Use P CUP Acc Air courier services (see note 1 below) X Airlines offices, general offices (see note 1 below) X Airports (see note 6 below) 3 Dec. 3, 2024 Item #13 Page 6 of 9 I I -I I I I -I I I I I I 6. Permitted by issuance of a conditional use permit by the city council and only within the boundary of McClellan-Palomar Airport as depicted on the zoning map of the city. 13. That Chapter 21.54 of the Carlsbad Municipal Code is amended to update subsection C and with the addition of subsections D and E, to read as follows: 21.54.125 Amendments to development permits. A. For purposes of this section, “development permit” means any permit, entitlement or approval required pursuant to Title 21 of this code, or pursuant to any applicable master, specific, or redevelopment plan. B. Any approved development permit may be amended by following the same procedure required for the approval of said development permit (except that if the city council approved the original permit, the planning commission shall have the authority to act upon the amendment), and upon payment of the application fee contained in the most recent fee schedule adopted by the city council. C. If an approved development permit was issued pursuant to the provisions of Section 21.54.040 of this title, any amendment to said permit shall be acted on by the decision-making authority that approved the original permit, except that if the city council approved the original permit, the planning commission shall have the authority to act upon the amendment. D. Notwithstanding subsections B and C, the City Council shall retain the decision-making authority for amendments to development permits for new or expanded airport uses. E. Amendments to approved development permits are reviewed under the city ordinances, policies, or standards in effect at the time of the amended permit application is filed and deemed complete or determined to be complete. In granting an amendment, the decision-making authority may impose new conditions and may revise existing conditions. 14. If any title, division, chapter, section, subsection, paragraph, sentence, clause, or phrase of this ordinance is held invalid or unconstitutional for any reason by a court, that decision does not affect the validity or constitutionality of the remainder of this Dec. 3, 2024 Item #13 Page 7 of 9 - ordinance or the reminder of the city’s code. The City Council declares that it would have adopted each part of this ordinance irrespective of the validity of any other part. EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES OUTSIDE THE COASTAL ZONE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES INSIDE THE COASTAL ZONE: This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval of LCPA2024-0021, whichever occurs later; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. Dec. 3, 2024 Item #13 Page 8 of 9 Dec. 3 2024 Item #13 Page 9 of 9 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 19th day of November, 2024, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 3rd day of December, 2024, by the following vote, to wit: AYES: NAYS: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA. NONE. ABSTAIN: NONE. ABSENT: NONE. APPROVED AS TO FORM AND LEGALITY: ~/C __ CINDIE K. McMAHON, City Attorney SHERRY FREISINGER, City Clerk (SEAL)