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HomeMy WebLinkAbout2002-06-11; City Council; 16788; McClellan-Palomar Airport Land Use PlanCITY OF CARLSBAD -AGENDA BILL TITLE: MCCLELLAN-PALOMAR AIRPORT COMPREHENSIVE CONSISTENCY DETERMINATION FOR THE LAND USE PLAN - PIP OO-O4(A) IO DEPT. HD. CITY ATTY. CITY MGR t&L RECOMMENDED ACTION: That Council ADOPT Resolution No. 2002-172 , APPROVING the override of the San Diego County Regional Airport Authority's determination of non-consistency with the Comprehensive Land Use Plan for the McClellan-Palomar Airport. ITEM EXPLANATION: As required by the California Public Utilities Code, the areas surrounding the McClellan-Palomar Airport are covered by a Comprehensive Land Use Plan (CLUP). This CLUP delineates the areas within and around the airport that are subject to flight activity and various aircraft noise levels, as well as making recommendations as to the actions of local jurisdictions in those areas. The City recently processed a Planned Industrial Permit to allow the construction of an industrial development within the McClellan-Palomar Airport Influence Area. This Planned Industrial Permit is located on Lot 24 of CT 81-46 within the Carlsbad Airport Centre Specific Plan (SP 181) and is the subject of this Consistency Determination. The two major areas addressed by the CLUP are safety and noise. With regard to safety, Lot 24 is located within the airport's flight activity zone and is subject to the corresponding provisions of the CLUP with regard to safety. Pursuant to the requirements of the CLUP. the proposed industrial development is limited in height to 35 feet and a maximum occupancy of 100 persons. With these restrictions, the proposed industrial development meets the safety provisions of the CLUP. The other major component of the CLUP deals with aircraft noise. To indicate how the aircraft noise can affect development, the CLUP contains a "NoiselLand Use Compatibility Matrix" (copy attached). This matrix lists the potential compatibility of various land uses with aircraft noise levels, as described by the Community Noise Equivalent Level in decibels (dBA CNEL). Rather than measuring peak noise events, the CNEL measurement describes the daily noise environment by taking into account the magnitude, time of day, and frequency of noise occurrence. Accompanying the compatibility matrix is a map showing the locations of these aircraft noise contours. This map is based upon empirical measurements of existing noise, as well as estimates by consultants as to the noise generation by future aircraft operations. In 1994, the SANDAG Board of Directors, acting as the Airport Land Use Commission, approved an amendment to the CLUP that modified the map, extending the noise contours outwards from their xevious locations. In doing so, the 75 dBA CNEL noise contour extended off of the airport property. The "over 75 dBA CNEL" noise interval is the most restrictive with regard to land use; the only new ses allowed being agriculture, extractive industry, fishing, utilities, public rights-of-way, golf courses, and other similar uses as determined by the Airport Land Use Commission. At the time of the CLUP hmendment, the Carlsbad Airport Centre Specific Plan and the related industrial subdivision were already in place and recorded. Most of the infrastructure and utilities for this subdivision was in >lace and many lots were already developed with industrial uses. It was the City's understanding :hat the remaining lots within the subdivision would be allowed to develop according to their General Plan, Zoning, and Specific Plan designations (i.e. industrial development). Nhile processing the Planned Industrial Permit for Lot 24, the City was apprised by SANDAG staff :hat industrial development within the "over 75 dBA CNEL" noise contour may not be consistent with :he CLUP and that a CLUP amendment might be recommended to alleviate the inconsistency. PAGE 2 OF AGENDA BILL NO. 16,788 Since this project site is located within the flight activity zone and the project had incorporated the necessary features, such as limited height and occupancy, the only consistency issue to be addressed was the compatibility with aircraft noise. Therefore, on October 18 and November 25, 2001, City staff presented a proposal for amendment of the CLUP to the Palomar Airport Advisory Committee. The amendment would conditionally allow industrial uses within the “over 75 dBA CNEL” subject to certain noise reduction and disclosure provisions. These provisions included reducing interior noise levels to 50 dBA CNEL, eliminating the requirement for outdoor eating areas, filing Hold Harmless Agreements with the City, and recording Notices of Restrictions on the properties. While the consistency issues were solely based upon noise, the PAAC voted to deny the proposed CLUP amendment due to the proximity of the lot to the airport and aircraft operations. Shortly after the denial by the PMC, staff requested of SANDAG an official determination on the the San Diego County Regional Airport Authority stating their opinion that the proposed industrial consistency of the proposed uses with the CLUP. On February 14, 2002, staff received a letter from project was not consistent with the Noise/Land Use Compatibility Matrix of the CLUP. Due to the passing of AB 93, the San Diego County Regional Airport Authority serves as the Airport Land Use Commission. Included in the letter were excerpts from the California Public Utilities Code describing the ability of the local jurisdiction to override their determination on consistency of the proposals. Section 21676 of the California Public Utilities Code states that the local agency can override the authority’s determination by a two-thirds vote provided “it makes specific findings that the proposed action is consistent with the purposes of this article stated in Section 21670.” Section 21670(b) of the Code states that the intent of legislation is to “protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards with areas around public airports to the extent that these areas are not already devoted to incompatible uses.” Therefore, any local jurisdiction override of the Airport Land Use Commission’s determination of inconsistency subject lot was already created and designated for industrial development in the City’s General Plan, must still comply with this intent. At the time of the redrawing of the aircraft noise contours, the Zoning Ordinance, and the Carlsbad Airport Centre Specific Plan. Given this pre-existing disposition, and the fact that noise reduction measures and disclosure provisions are incorporated into the project, the public’s exposure to excessive noise is minimized to the greatest extent possible. It should be noted that the Public Utilities Code Section 21678 states that, upon such local agency override of the Airport Land Use Commission’s determination, “the operator of the airport shall be immune from liability for damages to property or personal injury caused by or resulting directly or indirectly from the public agency’s decision to override the commission’s action or recommendation.” ENVIRONMENTAL: When staff was attempting to process a CLUP amendment that would have conditionally allowed construction and occupation of industrial buildings within the 75 dBA CNEL aircraft noise contour, the potential environmental impacts associated with this proposal were reviewed through Environmental Impact Assessment EIA 01-02, The scope of the existing request, that of an Airport Land Use Commission override, is limited to only one property within the 75 dBA CNEL noise contour. Therefore, provided that the project description for the proposed industrial building includes the above-referenced noise reduction and disclosure items, construction and occupation of industrial buildings within the 75 dBA CNEL noise contour would not result in any significant, adverse environmental impact. The Negative Declaration for EIA 01-02 was issued by the Planning Director on August 15,2001, and no written comments were received. PAGE 3 OF AGENDA BILL NO. 16,788 FISCAL IMPACT: The proposed action would result in the ability for the City to issue grading and building permits for the proposed industrial development on one existing lot. Concurrent with the issuance of this permit, facilities impact fees would be collected to offset the development‘s impacts on city facilities. Denial of the proposed action would result in the property remaining vacant or being developed with a use currently specified in the CLUP, such as agriculture and extractive industries. Since the subject property has been designated for industrial development in the City’s General Plan, many of the City’s fee revenue estimates have included this property as being developed with industrial development. Removal of this property from industrial development may lessen the facilities and development fees that were anticipated. EXHIBITS: 1. City Council Resolution 2002-172 2. Location Map 3. Letter from San Diego County Regional Airport Authority, dated February 14, 2002 4. Excerpt from McClellan-Palomar Airport CLUP - “NoiselLand Use Compatibility Matrix.” 3 t 1 1( 1: 1: 1: lr It 1t 1; 18 1s 2( 21 22 23 24 2s 26 27 28 RESOLUTION NO. 2002-172 A RESOLUTION OF THE CITY COUNCIL .OF THE CITY OF CARLSBAD, CALIFORNIA, OVERRIDING THE AIRPORT LAND CONSISTENCY WITH THE CLUP AND APPROVING THE DEVELOPMENT OF AN INDUSTRIAL BUILDING ON AN EXISTING INDUSTRIAL LOT, WITHIN THE CARLSBAD AIRPORT CENTRE SPECIFIC PLAN, IN THE NORTHWEST QUADRANT. CASE NAME: CONSISTENCY DETERMINATION FOR THE COMPREHENSIVE LAND USE PLAN FOR USE COMMISSION'S DETERMINATION OF NON- MCCLELLAN-PALOMAR AIRPORT CASE NO.: PIP 00-04(A) WHEREAS, Lot 24 of Carlsbad Tract No. CT 81-46 is within the Airport lnfluencr Area of the McClellan-Palomar Airport Comprehensive Land Use Plan; and WHEREAS, all development within the Airport Influence Area must adhere to the provisions of the Comprehensive Land Use Plan for McClellan-Palomar Airport; and WHEREAS, the Airport Land Use Commission, represented as the San Diegc County Regional Airport Authority, has determined that industrial development upon said lot is inconsistent with the NoiselLand Use Compatibility Matrix in that the project site is located within the 75 dBA CNEL noise contour; and WHEREAS, pursuant to the provisions of the Comprehensive Land Use Plan and the Public Utilities Code, the City Council of the City of Carlsbad may, with a two-thirds majority vote, elect to override the determination of the Airport Land Use Commission; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City .of Carlsbad, California, does hereby resolve as follows: 1. That the above recitations are true and correct. Lot 24 of Carlsbad Tract No. 81-46, as conditioned with internal noise reduction, Notices of 2. That the City Council finds that the proposed industrial development on Restrictions, Hold Harmless Agreements, and exemptions from outdoor eating area airport to the greatest extent possible, considering that the development is proposed on a legally requirements, would minimize the public's exposure to excessive noise within areas around the created lot and is consistent with the underlying Carlsbad Airport Centre Specific Plan (SP 181). recommended override. as to noise compatibility only, of the San Diego County Regional Airport 3. That. based upon the above findings, the City Council approves the Authority's determination of non-consistency with the Comprehensive Land Use Plan for the McClellan-Palomar Airport. 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 4. This action is final the date this resolution is adopted by the City Council. The provisions of Chapter 1.16 of the Carlsbad Municipal Code, "time Limits for Judicial Review" shall apply: :NOTICE TO APPLICANT" "The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court no later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of proceedings accompanied by thb required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not latter than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008." PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 1 lm- day of June , 2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None ABSENT: None ATTEST: n 9 I LORaINE M. WOOD, City Clerk (SEAL) -2- EXHlBlT 2 SITE CONSISTENCY DETERMINATION FOR COMPREHENSIVE LAND USE PLAN THE McCLELLAN-PALOMAR AIRPORT PIP 00-04(A) San Di o ’’ Regional Airport Authority EXHIBIT 3 February 14,2002 Ms. Sandra Holder, Director Community Development City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Request to the Airport Land Use Commission Dear Ms. Holder: This letter is in response to the City of Carlsbad’s letter of December 18, 2001, which was addressed to SANDAG in its then-existing capacity as the Airport Land Use Commission (ALUC). The City’s letter described proposed industrial development within the 75 CNEL zone of McClellan-Palomar Airport, identified as PIP 00-04 and PIP 00-05. The County Assessor identifies these properties as parcels # 212-091-02 and # 212-091-03. The letter requests two actions of the ALUC. The first is that the ALUC administratively find the proposed project compatible with the McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP), with the noise attenuation and other requirements imposed by the City of Carlsbad as described in the letter. The second is that the request for an amendment to the CLUP be withdrawn. On January 1, 2002, AB 93 transferred the ALUC responsibilities to the San Diego County Regional Airport Authority (“Authority”). The letter was received after the final meeting of SANDAG as the ALUC. Therefore, SANDAG as the ALUC was unable to act on it. Accordingly, the letter was forwarded by SANDAG to the Authority. The letter from the City of Carlsbad, referenced above, states that the proposed project is located in the 75 CNEL zone. The attached map shows the location of the two parcels is within the 75 CNEL zone of McClellan-Palomar Airport. In the adopted CLUP, Figure 2, McClellan-Palomar Airport Influence Area on page 6, shows that the 75 CNEL zone extends off airport property. The CLUP further states, in Table 3, McClellan-Palomar Airport Noisenand Use Compatibility Matrix, page 9, that industrial development is not compatible in the 75 CNEL, although agriculture, golf courses, and other open space types of development are permitted. P 0. Box 82776, San Djego, California 92138-2776 (619) 725-6024 (619) 725-6011 fax Sandra Holder Request to the ALUC Page 2 Pursuant to AB 93, the Interim Executive Director is empowered to take action on behalf of the Authority in its capacity as the ALUC. Exercising the authority of the ALUC, as stated in Public Utilities Code, Section 21670.3, the following determinations have been made: 1. An administrative finding that the City’s proposal is consistent with the Comprehensive Land Use Plan for McClellan-Palomar Airport cannot be provided. The subject parcels, identified in the City of Carlsbad’s letter of December 18. 2001. as PIP 00-04 and PIP 00-05, (AP# 212-091-02 and # 212-091-03) are located within the 75 CNEL zone of McClellan-Palomar Airport. Industrial development described by the City of Carlsbad for these two parcels within the 75 CNEL zone, irrespective of attenuation and other restrictions proposed by the City, is not compatible with the adopted Comprehensive Land Use Plan for McClellan-Palomar Airport. 2. The City of Carlsbad’s request to withdraw its amendment to the McClellan-Palomar Airport Plan CLUP is approved. At this point, no further action by the Airport Land Use Commission is necessary. The City of Carlsbad could decide to pursue it further: the law provides rules for an override vote by the City Council of Carlsbad. The procedures are described in the California Public Utilities Code, Section 21676. If you have questions about these determinations, please contact Nan Valerio at SANDAG at (619) 595-5365. Sincerely, Thella F. Bowens Interim Executive Director cc: Nan Valerio, SANDAG Enclosures cn S L a S Q L L m S =+ Y Y CALIFORNIA CODES SECTION 21670-21679.5 PUBLIC UTILITIES CODE 21670. (a) The Legislature hereby finds and declares that: (1) It is in the public interest to provide for the orderly development of each public use airport in this state and the area objectives of the California airport noise standards adopted pursuant surrounding these airports so as to promote the overall goals and problems. to Section 21669 and to prevent the creation of new noise and safety (2) It is the purpose of this article to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of 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 incompatible uses. in which there is located an airport which is served by a scheduled airline shall establish an airport land use commission. Every county, in which there is located an airport which is not served by a public, shall establish an airport land use commission, except that scheduled airline, but is operated for the benefit of the general the appropriate airport operators and affected local entities and the board of supervisors of the county may, after consultation with noise, public safety, or land use issues affecting any airport in the after a public hearing, adopt a resolution finding that there are no county which require the creation of a commission and declaring the county exempt from that requirement. The board shall, in this event, transmit a copy of the resolution to the Director of Transportation. use commission. Each commission shall consist of seven members to be For purposes of this section, "commission" means an airport land selected as follows: (1) Two representing the cities in the county, appointed by a city selection committee comprised of the mayors of all the cities within adjacent to the qualifying airport, at least one representative shall that county, except that if there are any cities contiguous or number of representatives provided for by paragraphs (2) and (3) be appointed therefrom. If there are no cities within a county, the shall each be increased by one. supervisors. (2) Two representing the county, appointed by the board of (3) Two having expertise in aviation, appointed by a selection committee comprised of the managers of all of the public airports within that county. six members of the commission. appointed and serve as members of the commission during their terms of public office. him or her in commission affairs and to vote on all matters when the member is not in attendance. The proxy shall be designated in a commission offices, and the proxy shall serve at the pleasure of the signed written instrument which shall be kept on file at the promptly by appointment of a new proxy. appointing member. A vacancy in the office of proxy shall be filled (b) In order to achieve the purposes of this article, every county (4) One representing the general public, appointed by the other (c) Public officers, whether elected or appointed, may be (d) Each member shall promptly appoint a single proxy to represent Printed for Nan Valerio <nva@sandag.orgs 02/14/2002 16 by way of education, training, business, experience, vocation, or avocation has acquired and possesses particular knowledge of, and familiarity with, the function, operation, and role of airports, or airport. is an elected official of a local agency which owns or operates an purposes of this article, special districts are included among the local agencies that are subject to airport land use laws and other requirements of this article. (e) A person having an 'expertise in aviation" means a person who, (f) It is the intent of the Legislature to clarify that, for the 21670.1. (a) Notwithstanding any other provision of this article, if the board of supervisors and the city selection committee of mayors in the county each makes a determination by a majority vote of an appropriately designated body, then the body so designated that proper land use planning can be accomplished through the actions shall assume the planning responsibilities of an airport land use comission as provided for in this article, and a comission need not be formed in that county. include among its membership at least two members having an expertise ' (b) A body designated pursuant to subdivision (a) which does not when acting in the capacity of an airport land use commission, be in aviation, as defined in subdivision (e) of Section 21670, shall, augmented so that that body, as augmented, will have at least two members having that expertise. The commission shall be constituted pursuant to this section on and after March 1, 1988. (b) of Section 21670, if the board of supervisors of a county and proper land use planning pursuant to this article can be accomplished each affected city in that county each makes a determination that pursuant to this subdivision, then a commission need not be formed in that county. (2) If the board of supervisors of a county and each affected city makes a determination that proper land use planning may be accomplished and a commission is not formed pursuant to paragraph (1) of this subdivision, that county and the appropriate affected cities having jurisdiction over an airport, subject to the review and approval by the Division of Aeronautics of the department, shall do all of the following: of the comprehensive airport land use plan for each airport that is (A) Adopt processes for the preparation, adoption, and amendment served by a scheduled airline or operated for the benefit of the general public. landowners, interested groups, and other public agencies regarding (B) Adopt processes for the notification of the general public, the preparation, adoption, and amendment of the comprehensive airport land use plans. preparation, adoption, and amendment of the comprehensive airport (C) Adopt processes for the mediation of disputes arising from the land use plans. plans to be consistent with the comprehensive airport land use plans. (c) (1) Notwithstanding subdivisions (a) and (b), and subdivision (D) Adopt processes for the amendment of general and specific (E) Designate the agency that shall be responsible of the preparation, adoption, and amendment of each comprehensive airport land use plan. processes adopted pursuant to paragraph (2). and shall approve the processes if the division determines that the processes are (3) The Division of Aeronautics of the department shall review the Printed for Nan Valerio <nva@sandag.org> 02/14/2002 I/ consistent with the procedure required by this article and will do all of the following: plans within a reasonable amount of time. (A) Result in the preparation, adoption, and implementation of that are compatible with airport operations, as established by this (B) Rely on the height, use, noise, safety, and density criteria article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations. comment by the general public, landowners, interested groups, and other public agencies. (4) If the county does not comply with the requirements of paragraph (2) within 120 days, then the plan and amendments shall not be considered adopted pursuant to this article and a commission noncompliance by the division and a plan shall be adopted pursuant to shall be established within 90 days of the determination of this article within 90 days of the establishment of the commission. (C) Provide adequate opportunities for notice to, review of, and contracted for the preparation of comprehensive airport land use plans with the Division of Aeronautics under the California Aids to Airport Program (Title 21 (commencing with Section 4050) of the California Code of Regulations), Project Ker-VAR 90-1, and that Aeronautics for review and comment that the county and the cities submits all of the following information to the Division of affected by the airports within the county, as defined by the plans: (d) A commission need not be formed in a county that has (1) Agree to adopt and implement the comprehensive airport plans that have been developed under contract. (2) Incorporated the height, use, noise, safety, and density by this article, and referred to as the Airport Land Use Planning criteria that are compatible with airport operations as established Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 Regulations as part of the general and specific plans for the county (commencing with Section 77.1) of Title 14 of the Code of Federal and for each affected city. (3) If the county does not comply with this subdivision on or before May 1, 1995, then a commission shall be established in accordance with this article. following conditions are met: city. paragraph (2) of subdivision (d), as part of their general and specific plans for the county and the affected city. (ii) The general and specific plans shall be submitted, upon adoption, to the Division of Aeronautics. If the county and the affected city do not submit the elements specified in paragraph (2) of subdivision (d), on or before May 1, 1996, then a commission shall be established in accordance with this article. (e) (1) A commission need not be formed in a county if all of the (A) The county has only one public use airport that is owned by a (B) (i) The county and the affected city adopt the elements in 21670.2. (a) Sections 21670 and 21670.1 do not apply to the County of Los Angeles. In that county, the county regional planning Printed for Nan Valerio cnva@sandag.org> 02/14/2002 /a commission has the responsibility for coordinating the airport planning of public agencies within the county. In instances where impasses result relative to this planning, an appeal may be made to the county regional planning commission by any public agency on such an appeal may be overruled by a four-fifths vote of the involved. The action taken by the county regional planning commission governing body of a public agency whose planning led to the appeal. shall adopt the comprehensive land use plans required pursuant to Section 21675. County of Los Angeles until January 1, 1992. If the comprehensive (c) Sections 21675.1, 21675.2, and 21679.5 do not apply to the land use plans required pursuant to Section 21675 are not adopted by the county regi'onal planning commission by January 1, 1992, Sections 21675.1 and 21675.2 shall apply to the County of Los Angeles until the plans are adopted. (b) By January 1, 1992, the county regional planning commission 21670.3. (a) Sections 21670 and 21670.1 do not apply to the County of San Diego. In that county, the San Diego County Regional Airport Authority, as established pursuant to Section 170002, is responsible county and shall, on or before June 30, 2005, after reviewing the for coordinating the airport planning of public agencies within the existing comprehensive land use plan adopted pursuant to Section 21675, adopt a comprehensive land use plan. Association of Governments shall remain in effect until June 30, 21675 and adopted pursuant to Section 21675.1 by the San Diego 2005, unless the San Diego County Regional Airport Authority adopts a plan prior to that date pursuant to subdivision (a). (b) Any comprehensive land use plan developed pursuant to Section any airport bisected by a county line through its runways, runway 21670.4. (a) As used in this section, 'intercounty airport" means protection zones, inner safety zones, inner turning zones, outer safety zones, or sideline safety zones, as defined by the department' s Airport Land Use Plan handbook and referenced in the comprehensive land use plan formulated under Section 21675. to establish a separate airport land use commission so that an planning agency, rather than having to look separately to the airport intercounty airport may be served by a single airport land use land use commissions of the affected counties. (c) In addition to the airport land use commissions created under Section 21670 or the alternatives established under Section 21670.1, for their respective counties, the boards of supervisors and city majority vote of each county's two delegations, for any intercounty selection committees for the affected counties, by independent airport, may do either of the following: selected as follows: that airport. That commission shall consist of seven members to be by that county's city selection committee. of supervisors of each county. by a selection committee comprised of the managers of all the public airports within that county. (b) It is the purpose of this section to provide the opportunity (1) Establish a single separate airport land use commission for (A) One representing the cities in each of the counties, appointed (B) One representing each of the counties, appointed by the board (C) One from each county having expertise in aviation, appointed Printed for Nan Valerio cnva@sandag.org> 02/14/2002 2 six members of the commission. designate an existing appropriate entity as that airport's land use commission. (Dl One representing the general public, appointed by the other (2) In accordance with subdivision (a) or (b) of Section 21670.1, 21671. In any county where there is an airport operated for the general public which is owned by a city or district in another county or by another county, one of the representatives provided by paragraph (1) of subdivision (b) of Section 21670 shall be appointed by the city selection committee of mayors of the cities of the county representatives provided by paragraph (2) of subdivision (b) of in which the owner of that airport is located, and one of the county in which the owner of that airport is located. Section 21670 shall be appointed by the board of supervisors of the 21671.5. (a) Except for the terms of office of the members of the first commission, the term of office of each member shall be four years and until the appointment and qualification of his or her themselves by lot so that the term of office of one member is one successor. The members of the first commission shall classify year, of two members is two years, of two members is three years, and of two members is four years. The body which originally appointed a member whose term has expired shall appoint his or her successor for a full term of four years. Any member may be removed at any time and without cause by the body appointing that member. The expiration date of the term of office of each member shall be the expire. Any vacancy in the membership of the commission shall be first Monday in May in the year in which that member's term is to originally appointed the member whose office has become vacant. The filled for the unexpired term by appointment by the body which chairperson of the commission shall be selected by the members thereof. supervisors. keeping of minutes and necessary quarters, equipment, and supplies shall be provided by the county. The usual and necessary operating expenses of the commission shall be a county charge. (d) Notwithstanding any other provisions of this article, the commission shall not employ any personnel either as employees or supervisors. independent contractors without the prior approval of the board of chairperson or at the request of the majority of the commission (e) The commission shall meet at the call of the commission members. A majority of the commission members shall constitute a quorum for the transaction of business. No action shall be taken by the commission except by the recorded vote of a majority of the full membership. comply with this article. Those fees shall be charged to the proponents of actions, regulations, or permits, shall not exceed the estimated reasonable cost of providing the service, and shall be provided in subdivision (g), after June 30, 1991, a commission which imposed pursuant to Section 66016 of the Government Code. Except as has not adopted the comprehensive land use plan required by Section (b) Compensation, if any, shall be determined by the board of (c) Staff assistance, including the mailing of notices and the (f) The commission may establish a schedule of fees necessary to Printed for Nan Valerio cnva@sandag.org> 21675 shall not charge fees pursuant to this subdivision until the commission adopts the plan. completed land use plans for at least one-half of all public use (g) In any county which has undertaken by contract or otherwise airports in the county, the commission may continue to charge fees necessary to comply with this article until June 30, 1992, and, if the land use plans are complete by that date, may continue charging June 30, 1992, the commission shall not charge fees pursuant to fees after June 30, 1992. If the land use plans are not complete by subdivision (f) until the commission adopts the land use plans. respect to the temporary disqualification of its members from 21672. Each commission shall adopt rules and regulations with participating in the review or adoption of a proposal because of conflict of interest and with respect to appointment of substitute members in such cases. 21673. In any county not having a commission or a body designated to carry out the responsibilities of a commission, any owner of a public airport may initiate proceedings for the creation of a commission by presenting a request to the board of supervisors that a commission be created and showing the need therefor to the satisfaction of the board of supervisors. 21674. The commission has the following powers and duties, subject to the limitations upon its jurisdiction set forth in Section 21676: (a) To assist local agencies in ensuring compatible land uses in airports to the extent that the land in the vicinity of those the vicinity of all new airports and in the vicinity of existing airports is not already devoted to incompatible uses. levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety, and welfare. Section 21675. (c) To prepare and adopt an airport land use plan pursuant to agencies and airport operators pursuant to Section 21676. (d) To review the plans, regulations, and other actions of local give the commission jurisdiction over the operation of any airport. (e) The powers of the commission shall in no way be construed to adopt rules and regulations consistent with this article. (f) In order to carry out its responsibilities, the commission may (b) To coordinate planning at the state, regional, and local 21674.5. (a) The Department of Transportation shall develop and development of the staff of airport land use commissions, after implement a program or programs to assist in the training and consulting with airport land use commissions, cities, counties, and other appropriate public entities. to assist the staff of airport land use commissions in addressing (b) The training and development program or programs are intended Printed for Nan Valerio <nva@sandag.org> high priority needs, and may include, but need not be limited to, the following: adoption of comprehensive land use plans. planning boundaries. included in the comprehensive plans. developments and determining whether proposed developments are compatible with the airport use. determines to be appropriate to provide to commission staff and for technical responsibilities and functions which the department which it determines there is a need for staff training or development. (c) The department may provide training and development programs means it deems appropriate. Those programs may be presented in any for airport land use commission staff pursuant to this section by any of the following ways: (1) The establishment of a process for the development and (2) The development of criteria for determining airport land use (3) The identification of essential elements which should be (4) Appropriate criteria and procedures for reviewing proposed (5) Any other organizational, operational, procedural, or (2) By sponsoring or assisting in the organization and sponsorship (1) By offering formal courses or training programs. (3) By producing and making available written information. assisting in the training and development of airport land use (4) Any other feasible method of providing information and commission staff. of conferences, seminars, or other similar events. 21674.7. An airport land use commission that formulates, adopts or amends a comprehensive airport land use plan shall be guided by information prepared and updated pursuant to Section 21674.5 and referred to as the Airport Land Use Planning Handbook published by the Division of Aeronautics of the Department of Transportation. 21675. (a) Each commission shall formulate a comprehensive land use plan that will provide for the orderly growth of each public airport and the area surrounding the airport within the jurisdiction of the within the vicinity of the airport and the public in general. The commission, and will safeguard the general welfare of the inhabitants master plan or an airport layout plan, as determined by the Division commission plan shall include and shall be based on a long-range of Aeronautics of the Department of Transportation, that reflects the anticipated growth of the airport during at least the next 20 years. In formulating a land use plan, the commission may develop height restrictions on buildings, specify use of land, and determine within the planning area. The comprehensive land use plan shall be building standards, including soundproofing adjacent to airports, reviewed as often as necessary in order to accomplish its purposes, but shall not be amended more than once in any calendar year. (b) The commission may include, within its plan formulated pursuant to subdivision (a), the area within the jurisdiction of the purposes specified in subdivision (a). This subdivision does not commission surrounding any federal military airport for all of the give the commission any jurisdiction or authority over the territory or operations of any military airport. Printed for Nan Valerio <nva@sandag.org> after hearing and consultation with the involved agencies. the department one copy of the plan and each amendment to the plan. Aeronautics of the department shall notify the commission responsible required to be included pursuant to this article, the Division of for the plan. (c) The planning boundaries shall be established by the commission (dl The commission shall submit to the Division of Aeronautics of (e) If a comprehensive land use plan does not include the matters 21675.1. (a) By June 30, 1991, each commission shall adopt the comprehensive land use plan required pursuant to Section 21675, except that any county which has undertaken by contract or otherwise airports in the county, shall adopt that plan on or before June 30, completed land use plans for at least one-half of all public use 1992. (b) Until a commission adopts a comprehensive land use plan, a city or county shall first submit all actions, regulations, and permits within the vicinity of a public airport to the commission for any actions, regulations, or permits, the commission shall give review and approval. Before the commission approves or disapproves public notice in the same manner as the city or county is required to give for those actions, regulations, or permits. As used in this could be included within the plan. If the commission has not section, "vicinity" means land which will be included or reasonably within two miles of the boundary of a public airport. designated a study area for the plan, then "vicinity" means land it finds, based on substantial evidence in the record, all of the following: completion of the plan. or permit will be consistent with the plan being prepared by the commission. or interference with the future adopted plan if the action, regulation, or permit is ultimately inconsistent with the plan. permit, the commission shall notify the city or county. The city or governing body, if it makes specific findings that the proposed county may overrule the commission, by a two-thirds vote of its action, regulation, or permit is consistent with the purposes of this article, as stated in Section 21670. (e) If a city or county overrules the commission pursuant to subdivision (d), that action shall not relieve the city or county from further compliance with this article after the commission adopts the plan. (f) If a city or county overrules the commission pursuant to subdivision (d) with respect to a publicly owned airport that the city or county does not operate, the operator of the airport is not liable for damages to property or personal injury resulting from the city's or county's decision to proceed with the action, regulation, or permit. (g) A commission may adopt rules and regulations which exempt any ministerial permit for single-family dwellings from the requirements of subdivision (b) if it makes the findings required pursuant to subdivision (c) for the proposed rules and regulations, except that the rules and regulations may not exempt either of the following: (c) The commission may approve an action, regulation, or permit if (1) The commission is making substantial progress toward the (2) There is a reasonable probability that the action, regulation, (3) There is little or no probability of substantial detriment to (d) If the commission disapproves an action, regulation, or Printed for Nan Valerio <nva@sandag.org> 02/14/2002/ 7 within a subdivision prior to June 30, 1991. more of the parcels are undeveloped. (1) More than two single-family dwellings by the same applicant (2) Single-family dwellings in a subdivision where 25 percent or 21675.2. (a) If a commission fails to act to approve or disapprove any actions, regulations, or permits within 60 days of receiving the request pursuant to Section 21675.1, the applicant or his or her Code of Civil Procedure to compel the commission to act, and the representative may file an action pursuant to Section 1094.5 of the proceedings, except previously filed pending matters of the same court shall give the proceedings preference over all other actions or character. only if the public notice required by this subdivision has occurred. (b) The action, regulation, or permit shall be deemed approved If the applicant has provided seven days advance notice to the commission of the intent to provide public notice pursuant to this subdivision, then, not earlier than the date of the expiration of the time limit established by Section 21675.1, an applicant may provide the required public notice. If the applicant chooses to provide public notice, that notice shall include a description of the proposed action, regulation, or permit substantially similar to the descriptions which are commonly used in public notices by the commission, the location of any proposed development, the application number, the name and address of the commission, and a statement that the action, regulation, or permit shall be deemed approved if the commission has not acted within 60 days. If the applicant has provided the public notice specified in this subdivision, the time limit for action by the commission shall be extended to 60 days after the public notice is provided. If the applicant provides notice pursuant to this section, the commission shall refund to the applicant any fees which were collected for providing notice and which were not used for that purpose. information pursuant to Sections 65943 to 65946, inclusive, of the (c) Failure of an applicant to submit complete or adequate Government Code, may constitute grounds for disapproval of actions, regulations, or permits. (d) Nothing in this section diminishes the commission's legal hearing before acting on an action, regulation, or permit. responsibility to provide, where applicable, public notice and 21676. (a) Each local agency whose general plan includes areas covered by an airport land use commission plan shall, by July 1. 1983, submit a copy of its plan or specific plans to the airport land use commission. The commission shall determine by August 31. 1983. whether the plan or plans are consistent or inconsistent with the commission's plan. If the plan or plans are inconsistent with the commission's plan, the local agency shall be notified and that local agency shall have another hearing to reconsider its plans. The local agency may overrule the commission after such hearing by a two-thirds vote of its governing body if it makes specific findings that the proposed action is consistent with the purposes of this article stated in Section 21670. the adoption or approval of a zoning ordinance or building regulation within the planning boundary established by the airport land use (b) Prior to the amendment of a general plan or specific plan, or Pnnted for Nan Valerio cnva@sandag.org> 02/14/2002 l!? damages to property or personal injury caused by or resulting directly or indirectly from the public agency's decision to override the commission's action or recommendation. commission or other body designated to assume the responsibilities of 21679. (a) In any county in which there is no airport land use an airport land use commission, or in which the commission or other designated body has not adopted an airport land use plan, an interested party may initiate proceedings in a court of competent jurisdiction to postpone the effective date of a zoning change, a zoning variance, the issuance of a permit, or the adoption of a within one mile of the boundary of a public airport within the regulation by a local agency, which directly affects the use of land county. effective date of the zoning change, zoning variance, permit, or (b) The court may issue an injunction which postpones the regulation until the governing body of the local agency which took the action does one of the following: purposes of this article stated in Section 21670. resolution declaring that the proposed action is consistent with the (2) In the case of an action which is not a legislative act, adopts a resolution making findings based on substantial evidence in of this article stated in Section 21670. the record that the proposed action is consistent with the purposes (1) In the case of an action which is a legislative act, adopts a (3) Rescinds the action. (4) Amends its action to make it consistent with the purposes of paragraph (1) or (2) of this subdivision, whichever is applicable. , this article stated in Section 21670, and complies with either subdivision (b) if the local agency which took the action (c) The court shall not issue an injunction pursuant to demonstrates that the general plan and any applicable specific plan of the agency accomplishes the purposes of an airport land use plan as provided in Section 21675. commenced within 30 days of the decision or within the appropriate whichever is longer. time periods set by Section 21167 of the Public Resources Code, pursuant to subdivision (b) with respect to a publicly owned airport (e) If the governing body of the local agency adopts a resolution that the local agency does not operate, the operator of the airport shall be immune from liability for damages to property or personal injury from the local agency's decision to proceed with the zoning change, zoning variance, permit, or regulation. land within two miles of the boundary of the airport or any organization with a demonstrated interest in airport safety and efficiency. (dl An action brought pursuant to subdivision (a) shall be (f) As used in this section, "interested party" means any owner of 21679.5. (a) Until June 30, 1991, no action pursuant to Section 21679 to postpone the effective date of a zoning change, a zoning variance, the issuance of a permit, or the adoption of a regulation by a local agency, directly affecting the use of land within one mile of the boundary of a public airport, shall be commenced in any adopted an airport land use plan, but is making substantial progress county in which the commission or other designated body has not Printed for Nan Valerio <nva@sandag.org> 02/14/2002/ 9 toward the completion of the plan. (b) If a commission has been prevented from adopting the comprehensive land use plan by June 30, 1991, or if the adopted plan could not become effective, because of a lawsuit involving the adoption of the plan, the June 30, 1991, date in subdivision (a) pending in a court of competent jurisdiction. shall be extended by the period of time during which the lawsuit was January 1, 1990, in a county in which the commission or other making substantial progress toward the completion of the plan, which designated body has not adopted an airport land use plan, but is has not proceeded to final judgment, shall be held in abeyance until June 30, 1991. If the commission or other designated body adopts an airport land use plan on or before June 30, 1991, the action shall be dismissed. If the commission or other designated body does not adopt an airport land use plan on or before June 30, 1991. the plaintiff or plaintiffs may proceed with the action. zoning variance, the issuance of a permit, or the adoption of a regulation by a local agency, directly affecting the use of land within one mile of the boundary of a public airport for which an airport land use plan has not been adopted by June 30, 1991, shall be commenced within 30 days of June 30, 1991, or within 30 days of the decision by the local agency, or within the appropriate time periods set by Section 21167 of the Public Resources Code, whichever date is later. (c) Any action pursuant to Section 21679 commenced prior to (d) An action to postpone the effective date of a zoning change, a Printed for Nan Valerio <nva@sandag.org> commission pursuant to Section 21675, the local agency shall first determines that the proposed action is inconsistent with the refer the proposed action to the commission. If the commission commission's plan, the referring agency shall be notified. The local agency may, after a public hearing, overrule the commission by a two-thirds vote of its governing body if it makes specific findings that the proposed action is consistent with the purposes of this article stated in Section 21670. an airport land use commission plan shall, prior to modification of its airport master plan, refer such proposed change to the airport land use commission. If the commission determines that the proposed action is inconsistent with the commission's plan, the referring hearing, overrule the commission by a two-thirds vote of its agency shall be notified. The public agency may. after a public governing body if it makes specific findings that the proposed action is consistent with the purposes of this article stated in Section 21670. (c) shall be made within 60 days from the date of referral of the proposed action. If a commission fails to make the determination within that period, the proposed action shall be deemed consistent with the commission's plan. (c) Each public agency owning any airport within the boundaries of (d) Each commission determination pursuant to subdivision (b) or 21676.5. (a) If the commission finds that a local agency has not revised its general plan or specific plan or overruled the commission by a two-thirds vote of its governing body after making purposes of this article as stated in Section 21670, the commission specific findings that the proposed action is consistent with the may require that the local agency submit all subsequent actions, regulations, and permits to the commission for review until its general plan or specific plan is revised or the specific findings are made. If, in the determination of the commission, an action, commission plan, the local agency shall be notified and that local regulation, or permit of the local agency is inconsistent with the agency shall hold a hearing to reconsider its plan. The local agency may overrule the commission after the hearing by a two-thirds vote action is consistent with the purposes of this article as stated in of its governing body if it makes specific findings that the proposed Section 21670. specific plan or has overruled the commission pursuant to subdivision (b) Whenever the local agency has revised its general plan or (a), the proposed action of the local agency shall not be subject to further commission review, unless the commission and the local agency agree that individual projects shall be reviewed by the commission. 21677. Notwithstanding Section 21676, any public agency in the County of Marin may overrule the Marin County Airport Land Use Commission by a majority vote of its governing body. 21678. With respect to a publicly owned airport that a public agency does not operate, if the public agency pursuant to Section 21676 or 21676.5 overrides a commission's action or recommendation, the operator of the airport shall be immune from liability for Printed for Nan Valerio <nva@sandag.org> EXMBIT 4 Figure 3 McCLELLAN-PALOMAR AIRPORT NOISELAND USE COMPATIBILITY MATRIX Annunl Community Noise Equivalent Lcvel (CNEL) in Decibels 0 .. .. .. COMPATIBLE Tho oudoor comrmoify mise quivalenl kvsl construction that the indoor noise level is is sufticiently attenuated by conventional acceptable. and bo& indoor and outdoor activitiesassociwdwiththelandusemayk Earricd out with essentially no intcrferen~s horn aircrpfl noise. CONDITIONALLY COMPATIBLE lk ouhr amunity mk qiwkr% kvel will be attenuated to the indoor level shown. associated outdoor activities. and the outdoor noiw level is acceptable for INCOMPATIBLI3 The community noise quivllent levsl is severe. Although extensive lnitigation acceptable for prlornuncc of activities the outdoorenviroMlcntwouIdbeintolernblefor ournoor es assaimed with mc land us. !dniqmmuldmalrc&indoorsnvironrmv 9 AIRPORT NOISELAND USE COMF'ATIBILlTY MATRIX IMPLEMENTATION DIRECTIVES All the uses specified are "compstiile" up to the noise level indicated. Specified uses are also allowed as "conditionally compatible" or "interior only, conditionally compatible" in the noise levels shown if two spbcitic conditions are met and certitied by the local general purpose agency: Proposed buildiings will he noise attenuated to the level shown on the matrix based on an acoustical study submitted along with building plans. In the case of d~crctionary actions, such approval of subdivisions, zoning changes, or conditional use permits, an avigation easement for noise shall be requid to be recorded with the County Recorder as a condition of approval of the project. A copy of the rewrded easement is to be fled with the affected airpoa operator. For all properly transactions, appropriate legal notice shall be given to dl prchasers, lessees and renters of propew in "conditionally compstiile" or "interior only, conditionally computiile" areas which clearly descni the potential for impacts from airplane noise associated with airport opera- tions. Notice also will be provided as required on the state Real Eatate Disclosure form. Identified uses proposed in noisier areas than the level indicated on the matrix are considered "incompatible." The directives below relate to the spbcitic "conditionally compatible" land use categories identitied by number on the matrix. 3. 4. 5. 6. 8. New schools, preschools and Libraries located within the CNEL 60-65 contours must be subjeaed to an acoustical study to assure that interior levels will not exceed CNEL 45. New residential and related uses located within the CNEL 60-65 contours must be subjected to an be provided to purchasers, lessees, and rentern of properties in this conditionally comptible zone. acoustical study to asm that interior levels will not ex& CNEL 45. Appropriate legal notice shall permanent guests (staying more than 30 days) or those hotels which have at least 50 percent of their "Residential hotels" are defined those that have 75% or more of accommodations occupied by accommodations containing kitchens. Transient Lodging is defined as hotels and motels, membership lodgings (Y's, e.), suite or apartment hotels, hostels, or other temporary rwidence units, not defined as residential hotels, above. Within the CNEL 60-70 contours, buildings must be subjected to an acoustical study to assure that interior levels do not exceed CNEL 45. Appropriate legal notice shall be provided to purchasers, lessees, and renters of properti- in this conditionally compatible zone. office buildings include many types of office and service uses: business and business services; finance, insurance, rcal estate; personal services; professional (medical, legal and educational); and be subjected to an acoustical study to assure that interior levels do not exceed CNEL 50. Appropriate governmsnt, research and development and others. Within the CNEL 65-70 contours, buildings must legal notice shall be provided to purchasers, lessees, and renters of properties in this condiiionally cornpatile zone. For new commercial rstail uses located within the CNEL 65-75 contours, buildings must be subjected to an acoustical study to assure that interior levels do not exceed CNEL 50. Appropriate legal notice shall be provided to purchasers, lessees, and renters of properties in this conditionally compatible zone. 10 1 2 3 4 5