HomeMy WebLinkAboutCUP 172; Palomar Airport; Conditional Use Permit (CUP)City of
May 261999
Chris Martinez
USD Environmental Law Clinic
5998 Alcala Park
San Diego, CA 92 11 O-2492
RESPONSE TO LETTER REGARDING PALOMAR AIRPORT - CUP 172
The Planning Department received your unsigned, undated letter on April 27, 1999 regarding
Palomar Airport in the City of Carlsbad. The following items respond to the questions raised by
your letter. Conditional Use Permit (CUP) 172, approved by the Planning Commission on
September 24, 1980 via Resolution No. 1699 is the currently valid City permit that covers the
Airport. A copy of Planning Commission Resolution No. 1699, which contains Table 1, is
attached for reference and informational purposes.
1. No amendments have been processed to CUP 172.
2. The 2/4/99 withdrawal of proposed amendment CUP 172(A) by the County was not due to a
determination that it was “. . .unnecessary.. .” as summarized in your letter. The withdrawal
of CUP 172(A) was due to two reasons: (1) the project was running up against project
streamlining timelines per State law; and, (2) the traffic failure issue at the intersection of
Palomar Airport Road and El Camino Real was just starting to get identified and the need for
a fair share contribution by the Airport was agreed upon in concept but no time was available
to work out mutually acceptable details. In the meantime, the traffic issue has been and
continues to undergo Council review and involves an increase in Traffic Impact Fees for area
developments. The purpose and intent of CUP 172(A) was to update CUP 172 to reflect the
September 1997 County Board of Supervisors approval of the McClellan-Palomar Airport
Master Plan. The primary elements of the Master Plan that ti require an amendment to
CUP 172 prior to building permit issuance are: the new parking structure and new passenger
terminal structure.
3. The current changes and building permit issuances at the Airport are consistent with the
existing CUP and do not require a special land use study or other research effort as queried in
your question #l .
4. Any studies as described in your questions #l or 2 are not required by Planning Commission
Resolution No. 1699 and, therefore, have not taken place. The current CUP, approving
Resolution, and attached Table 1, clearly outlines the City’s ability to issue building permits
for passenger terminal buildings and parking lots/structures. Recent issuances have been
essentially re-configurations or incremental increases to existing square footage amounts but
2075 La Palmas Dr. - Carlsbad, CA 92009-l 576 l (760) 438-l 161 - FAX (760) 438-0894 @
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CUP 172 - PALOMAR AIRPORT
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MAY 26.1999
are not of the magnitude that is contained in the buildout projections of the Master Plan and
that would also correspondingly require an amendment to CUP 172.
5. The City Council has not directed Planning staff to study current and/or future uses at the
Airport. The Airport is owned and run by the County, and subject to CUP 172.
6. Page 1-17 of the County’s Master Plan says that certain facilities require Planning
Commission approval. However, that section is in error with the statement that, “These
facilities include airport administration buildings, airport passenger facilities, and eating and
drinking establishments.” As you can see by the attached Resolution and Table 1, only items
under section II (including eating/drinking establishments) require Planning Commission
approval. The other items are ministerial building permits; not discretionary entitlements
subject to public review.
It is the City’s understanding that the County of San Diego/Airports Division is aware of the
need to amend CUP 172 in order to accommodate future needs including new passenger terminal
and parking structures consistent with the Master Plan; as well as to participate in their fair share
impact contribution for the PAR/ECR traffic situation.
Floyd Best, Airport Manager would be the best resource for a discussion and explanation of any
federal aviation laws, pre-emptive or otherwise, that address airport noise impacts and
regulations. It is not an item that can be, or is, regulated at the City level via CUP 172.
Sincerely,
ERIC MUNOZ
Senior Planner
EM:mh
Attachment
c: Michael Holzmiller, Planning Director
Gary Wayne, Assistant Planning Director
Don Rideout, Principal Planner
. -
University of &an Diego
Legal Clinics ~~ i- : ‘5
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Michael J. Holzmiller, Planning Director
City of Carlsbad Planning Department
2075 Las Palmas Dr.
Carlsbad, Ca. 92009-1576
Dear Mr. Holzmiller,
My name is Christopher Martinez of the Environmental Law Clinic. I am acting
attorney. for one of our clients, Solamar Homeowners Association (a mobile home park
located within the city of Carlsbad) Solamar HOA residents have been experiencing
continuing noise insult problems originating from McClellan-Palomar Airport, which is
also located in the City of Carlsbad. The Solamar HOA is currently seeking some form of
relief, legal or otherwise, from the continuing nuisance of the aircraft flying directly over
their property. Though the airport is managed by the county of San Diego, it is, as I arn
sure you are aware, also operated under the restrictions of a Conditional Use
Permit(CUP) that was issued by the City of Carlsbad. It is this permit that is the subject
of this letter.
On September 24, 1980, the City of Carlsbad Planning Commission approved and
adopted CUP- 172, which outlined the conditions under which the airport must operate.
As far as my research has taken me, there have been no amendments made to this basic
conditional use permit since it was initially approved in 1980, even though type of
service and aircraft at the airport have changed over the years. In fact, in 1996 the FAA
issued a permit for the airport to operate aircraft which carry in excess of 30 passengers.
As recently as April 7, 1999, a 3600 sq. ft. temporary terminal was installed at
the airport. Also, according to airport manager Floyd Best there are “Other (commuter)
airlines are waiting in the wings...” to start commercial flights out of Palomar-McClellan
Airport.(Roletti, Agnes, American West Express now o_f)cersflights to Phoenix out of
Palomar, San Diego Union Trib., April 9,1999, at B-8) contingent on the expansion of
the facilities.
With these considerations in mind, and the fact that the proposed amendments to
the CUP as outlined in the Airport Master Plan(Approved by the San Diego Board of
Supervisors on September 16, 1997) were withdrawn by the County as unnecessary, I
would greatly appreciate your answering the following questions:
1. Has the City of Carlsbad Planning Department studied the proposed changes at
the airport in light of the restrictions outlined in CUP- 172?
5990 Alcald Park, San Diego, California 9211 O-2492 619/574-7621
l .
2. If the changes have been studied and found acceptable within the parameters of
the.CUP, in which ways do they conform and not violate those restrictions. Give as much
detail as possible.
3. When was CUP- 172 last time studied in light of the current and/or future uses
of Palomar-McClellan Airport by the City of Carlsbad’s Planning Department?
4. According to the Master Plan mentioned above, “Certain structures and
facilities require approval by the Carlsbad Planning Commission prior to construction.
These facilities include...airport passenger facilities...“@1-17, McClellan-Palomar
Airport Master Plan). Was such approval ever sought by the County of San Diego in
relation to any of these changes(for example, the 3600 sq.ft. passenger terminal) or
proposals? If so, was the public ever allowed a forum in which they could comment about
these changes or proposals?
Your cooperation in answering these questions will be greatly appreciated, If you
are not the appropriate person to be contacted in these matters, please forward these
questions to the proper authority within your department. Please send your response to:
Chris Martinez-USD Environmental Law Clinic
5998 Alcala Park, San Diego, Ca. 92 11 O-2492
Thank you for your assistance in this matter.
Sincerely,
Christopher Martinez-Legal Intern
Resolution No. 1699
can be found in DMS under “Resolution”.
Search by resolution type (Planning Commission) and
number.