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HomeMy WebLinkAbout2008-02-12; City Council; 19315; Durkin Family Trust Planned Industrial PermitCITY OF CARLSBAD - AGENDA BILL 19,315AB# MTG. 02/12/08 DEPT.PLN DURKIN FAMILY TRUST- PIP 06-19 DEPT. HEAD CITY ATTY. CITY MGR. ft RECOMMENDED ACTION: That Council ADOPT Resolution No. 2008-039 . APPROVING an override of the San Diego County Regional Airport Land Use Commission's Determination of Non-Consistency with the McClellan-Palomar Airport Comprehensive Land Use Plan. 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 makes recommendations as to the actions of local jurisdictions in these areas. The City is currently processing a Planned Industrial Permit (PIP 06-19) to allow the construction of an industrial/office building on a vacant lot on Dryden Place (Lot 25) within the Carlsbad Airport Centre Specific Plan (SP-181). The site is also located within the McClellan-Palomar Airport Influence Area and as such is regulated by the Airport Comprehensive Land Use Plan (CLUP). The two major components addressed by the CLUP are safety and noise. With regard to safety, Lot 25 is not located within the Runway Protection Zone (RPZ) of the McClellan-Palomar Airport CLUP; however, the site is located within the airport's Flight Activity Zone (FAZ) and is subject to the corresponding provisions of the CLUP with regard to safety. Pursuant to the safety requirements of the CLUP, the proposed development is limited in height to 35 feet and no more than one hundred (100) persons per assembly area, as defined by the California Building Code Group "A" Occupancy. With these restrictions, the project meets the safety provisions of the CLUP. The other major component of the CLUP deals with aircraft noise. The property is subject to noise from the airport, and therefore its development must refer to the noise contour map as identified in the CLUP to determine land use compatibility. The project site is entirely within the 75 dB Community Noise Equivalent Level (CNEL) noise contours as shown on the attached Palomar Airport Adopted Noise Contours and Safety Zone map. The CLUP contains a "Noise/Land Use Compatibility Matrix" (attached). This matrix lists the potential compatibility of various land uses with aircraft noise levels. The CLUP identifies office, commercial, manufacturing, and warehouse uses located within the 75 dB CNEL noise contours as not compatible with airport uses. The proposed project, therefore, would not be considered compatible. DEPARTMENT CONTACT: Pam Drew 760-602-4644 pdrew@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION:APPROVED DENIED CONTINUED WITHDRAWN AMENDED nnD CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN d RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 While processing the Planned Industrial Permit (PIP 06-19) for Lot 25, the City applied for a Consistency Determination with the San Diego County Regional Airport Authority (SDCRAA). Since the project site is located within the FAZ, and the project will incorporate the necessary features, such as limited height and occupancy, the only consistency issue to be addressed was the compatibility with aircraft noise. The Consistency Determination was heard at the January 8, 2007 Airport Land Use Commission (ALUC) Board meeting. On February 15, 2007, staff received a Resolution dated January 8, 2007 (attached) and a letter dated February 5, 2007 (attached) from the SDCRAA stating their determination that the proposed industrial/office project was not consistent with the noise requirements as stated in the Noise/Land Use Compatibility Matrix of the McClellan-Palomar Airport CLUP. Section 21676 of the California Public Utilities Code states that, "The local agency may propose to overrule the commission after the 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" (attached). Section 21670(a)(2) of the Code states that, "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" (attached). The surrounding area is developed with similar industrial/office buildings. In 2002, a similar City Council override occurred on the adjacent lot (Lot 24) at the June 11, 2002 City Council meeting (PIP 00-04A). The conditions of approval for this PIP, includes internal noise reduction, Notice of Restriction, Hold Harmless Agreement, Avigation Easement, and an exemption from outdoor eating area requirements, which would minimize the public's exposure to excessive noise within the project area to the greatest extent possible. With these conditions, the project meets the noise provisions of the CLUP. FISCAL IMPACT: The proposed action would result in the ability of the City to issue grading and building permits for the proposed industrial development on an existing lot in a Planned Industrial area. 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 or 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. ENVIRONMENTAL IMPACT: The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). The Planning Director will approve the Mitigated Negative Declaration (MND) for the project concurrently with the administrative approval of the PIP. One comment letter was received from the California Department of Transportation, Division of Aeronautics, during the 30-day public notice period. The letter did not trigger revisions to the MND. The letter and staff's response are attached. Page 3 EXHIBITS: 1. City Council Resolution 2008-039 2. Location Map 3. Palomar Airport Adopted Noise Contours and Safety Zone map 4. McClellan-Palomar Airport Noise/Land Use Compatibility Matrix from the CLUP 5. Excerpts from the California Public Utilities Code 6. Resolution from San Diego County Regional Airport Authority, dated January 8, 2007 7. Letter from San Diego County Regional Airport Authority, dated February 5, 2007 8. Comment Letter Received from the California Department of Transportation, Division of Aeronautics, Regarding the MND, dated December 10, 2007 9. Response Letter from Staff Regarding the MND, dated November 1, 2007 10. Letter to California Department of Transportation, Division of Aeronautics, dated November 28, 2007 11. Letter to California Department of Transportation, Division of Aeronautics, dated January 4, 2008 1 RESOLUTION NO. 2008-039 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, OVERRIDING THE SAN DIEGO 3 COUNTY REGIONAL AIRPORT LAND USE COMMISSION'S DETERMINATION OF NON-CONSISTENCY WITH THE 4 MCCLELLAN-PALOMAR AIRPORT COMPREHENSIVE LAND USE PLAN TO ALLOW FOR THE DEVELOPMENT OF AN 5 INDUSTRIAL BUILDING ON 2.71 ACRES LOCATED ON THE NORTHWEST CORNER OF DRYDEN PLACE AND PALOMAR 6 OAKS WAY, WITHIN THE CARLSBAD AIRPORT CENTRE SPECIFIC PLAN, AND IN LOCAL FACILITIES MANAGEMENT 7 ZONE 5. CASE NAME: DURKIN FAMILY TRUST 8 CASE NO.: PIP 06-19 9 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 10 WHEREAS, Lot 25 of Carlsbad Tract No. 81-46 is located within the Airport Influence 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 the McClellan-Palomar Airport; and14 WHEREAS, the San Diego County Airport Land Use Commission, represented as the San Diego County Regional Airport Authority, has determined that the industrial16 development on said lot is inconsistent with the noise requirements as stated in the Noise/Land Use Compatibility Matrix in that the project site is located within the 75 dBA Community Noise lo Equivalent Level (CNEL) noise contour; and WHEREAS, pursuant to the provisions of the Comprehensive Land Use Plan and «. California Public Utilities Code, Section 21676, the City Council of the City of Carlsbad may, 22 with a four-fifths majority vote, elect to override the determination of the Airport Land Use 23 Commission. 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 25 of Carlsbad as follows: 26 1. That all recitations are true and correct. 27 2. That the City Council finds that the proposed industrial development on Lot 25 of Carlsbad Tract No. 81-46, as conditioned with internal noise reduction, Notice of 28 Restriction, Hold Harmless Agreement, Avigation Easement, and an exemption from outdoor eating area requirements, would minimize the public's exposure to excessive noise within the 1 project area to the greatest extent possible, considering that the development is proposed on a legally created lot and is consistent with the underlying Planned Industrial General Plan Land 2 Use, Zoning designation and Carlsbad Airport Centre Specific Plan (SP-181). 3 3. That based upon the above findings, the City Council approves the recommended override, as to noise compatibility only, of the San Diego County Regional Airport 4 Authority's determination of non-consistency with the Comprehensive Land Use Plan for the McClellan-Palomar Airport. 5 "NOTICE TO APPLICANT" 6 The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, 8 which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper 9 seeking review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision 10 becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the 1,, record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the 14 preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, 15 CA. 92008." 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 12th day of February, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall and Packard. NOES: Council Member Nygaard. ABSENT: None. EXHIBIT 2 NOT TO SCALE SITEMAP DURKIN FAMILY TRUST PIP 06-19 Palomar Airport -Adopted Noise Contours and Safety Zone Runway Protection Zone I Flight Activity Zone Boundary AIRPORT NOISE | Runway Protection Zone ^J| 60 CNEL ^B 6S CNEL ^9 70 CNEL ^H 75 CNEL CITY OF CARLSBAD PIP 06-19 DURKIN FAMILY TRUST APN 212-091 -01 -00 750 375 750 Feet EXHBTT4 Figures McCLELLAN-PALOMAR AIRPORT NOISE/LAND USE COMPATIBILITY MATRIX Annual Community Noise Equivalent Level (CNEL) in Decfcels LAND USE 53 60 65 70 75 80 1. OUTDOOR AMPHITHEATERS 2. NATURE PRESERVES. WILDLIFE PRESERVES, LIVESTOCK FARMING, NEIGHBORHOOD PARKS AND PLAYGROUNDS 3. SCHOOLS. PRESCHOOLS. LIBRARIES 4. RESIDENTIAL -SINGLE FAMILY. MULTIPLE FAMILY MOBILE HOMES. RESIDENTIAL HOTELS. RETIREMENT HOMES. INTERMEDIATE CARE FACILITIES. HOSPITALS. NURSING HOMES 5. HOTELS AND MOTELS, OTHER TRANSIENT LODGING. AUDITORIUMS. CONCERT HALLS, INDOOR ARENAS. CHURCHES 6. OFFICE BUILDINGS-BUSINESS. EDUCATIONAL, PROFESSIONAL AND PERSONAL SERVICES, RAD OFFICES AND LABORATORIES 7. RIDING STABLES, WATER RECREATION FAOLTnES, REGIONAL PARKS AND ATHLETIC FIELDS, CEMETERIES, AND OUTDOOR SPECTATOR SPORTS 8. COMMERCIAL-RETAIL, SHOPPING CENTERS.RESTAURANTS, MOVIE THEATERS 9. COMMERCIAL-WHOLESALE. INDUSTRIAL. MANUFACTURING 10. AGRICULTURE (EXCEPT RESIDENCES AND LIVESTOCK). EXTRACTIVE INDUSTRY. FISHING. UTILITIES. PUBLIC R-O-W. AND GOLF COURSES ff "\ *i' '{ "' - ' '"* * "• - \ i'< 5 , J ;; K- ,' iffft'w s&l& , v'^ ,* > *oj'w '« 1 ,' t * *" ^ "• f f *' f /*// V A' t \ 5 1 ^"">,!Jiis*,,V7 |f *£ >* ^4i-^ , < v. s-* *s * *•.!: >%v % tf- •if ** •: -• « ** •. ^ •. Vvi'v' V, ^ >'-.""-. ''•' -:t: #: 50 v;-^ ^ rt V *#\<< 5tr fb. r ' " f ^r * •*.£. *A <t *» * < ^:^ >,- >. COMPATIBLE Tto outdoor oomunQr note equivalent level it wfficiendv ittenuated by convenaonU construction that the indoor none level it acceptable, and both indoor and outdoor activirie* associated wMi the land «te may be carried out with Fiwmfr'fr no interference born aircraft noise. 45 CONDITIONALLY COMPATIBLE Tbe outdoor cammunty noise equivalent level will be attenuated to the Indoor level ibown, and the outdoor noiie level is acceptable for associated outdoor activities. INCOMPATIBLE The community noise equivalent level is seven. Althougli extensive mitigation tofhniqirt could mate ifae Indoor euvitcnment accepnMe for perfonnance of activitiej the outdoorenvironment would be intokaibfe for outdoor acthrilies anocoted with the land use. Ttds matrix should be wed wttb reference to the Implementation Directives shown on the reverse. °[ CALIFORNIA CODES PUBLIC UTILITIES CODE SECTION 21670-21679.5 EXHIBIT 5 1 phe Legislature£*~*. ** '.-,_',"•*.that: (1) It is in the public interest to'provOeTpr trie orderly development of each public use airport in this state and the area surrounding these airports so as to promote the overall goals and objectives of the California airport noise standards adopted pursuant to Section 21669 and to prevent the creation of new noise and ^ safety problems. (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 Vithin areas around >Uc airports to the extent that these ^areas are not already bted to incompatibleWl j. (a) Each local plan includes areas ?Ted by an airport land 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 airport land use compatibility plan. If the plan or plans are inconsistent with the airport land use compatibility plan, the local agency shall be notified and that local agency shall have another hearing to reconsider its airport land use compatibility plans. The e commission after thelocal agency may lqjp(5letQov*;Wvj»<---A-y-najij 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.o EXHIBIT 6 RESOLUTION NO. 2007-0009 ALUC A RESOLUTION OF THE BOARD OF THE SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY MAKING A DETERMINATION THAT THE PROPOSED PROJECT: PLANNED INDUSTRIAL PERMIT TO CONSTRUCT ONE NEW TWO STORY OFFICE/COMMERCIAL BUILDING, DRYDEN PLACE AND PALOMAR OAKS WAY, CITY OF CARLSBAD, IS NOT CONSISTENT WITH THE MCCLELLAN-PALOMAR AIRPORT LAND USE COMPATIBILITY PLAN. WHEREAS, the Board of the San Diego County Airport Authority, acting in its capacity as the Airport Land Use Commission (ALUC) for San Diego County, was requested by the City of Carlsbad to determine the consistency of a proposed development project: Planned Industrial Permit to Construct One new Two Story Office/Commercial Building at Dryden Place and Palomar Oaks Way, City of Carlsbad, which is located within the Airport Influence Area (AIA) for the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP), originally adopted in 1994 and amended in October 2004; and WHEREAS, the site plans for the proposed development indicate that project would involve the construction of one new two story building to house office and commercial uses, which would be located within the 75-80 decibel (dB) Community Noise Equivalent Level (CNEL) noise contours for McClellan- Palomar Airport; and WHEREAS, the McClellan-Palomar ALUCP identifies office and commercial including manufacturing and warehouse uses located within the 75- 80 dB CNEL as not compatible with airport uses; and WHEREAS, the proposed project is in compliance with FAR Part 77 height restrictions; and WHEREAS, the proposed project is located within the Flight Activity Zone (FAZ) for the McClellan-Palomar Airport; and WHEREAS, the Board has considered the information provided by staff, including information in the staff report and other relevant material regarding the project; and WHEREAS, the Board has provided an opportunity for the City of Carlsbad, and interested members of the public to present information regarding this matter. Resolution No. 2007-0009 ALUC Page 2 of 3 NOW THEREFORE BE IT RESOLVED, that the Board, acting as the ALUC for San Diego County, pursuant to Section 21670.3 of the Public Utilities Code, determines that the proposed project: Planned Industrial Permit to construct one new two story office/commercial building, Dryden Place and Palomar Oaks Way, is not consistent with the McClellan-Palomar ALUCP, which was adopted in 1994 and amended in 2004, based upon the following facts and findings: (1) The proposed project involves a Planned Industrial Permit to construct one new two story office/commercial building at Dryden Place and Palomar Oaks Way. The proposed project is located within the 75-80 dB CNEL noise contours and within the FAZ for the McClellan-Palomar Airport. (2) The McClellan-Palomar ALUCP identifies office and commercial including manufacturing and warehouse uses located within the 75-80 dB CNEL as not compatible with airport uses. (3) The proposed project is located within the FAZ of the McClellan-Palomar Airport. It is consistent with FAR Part 77 Guidelines. (4) Because the project is not consistent with the noise requirements as stated in the adopted ALUCP, the proposed project is not consistent with the McClellan-Palomar ALUCP. (5) This Board action is not a "project" as defined by the California Environmental Quality Act (CEQA), Pub. Res. Code Section 21065; and is not a "development" as defined by the California Coastal Act, Pub. Res. Code Section 30106. 12. Resolution No. 2007-0009 ALUC Page 3 of 3 PASSED, ADOPTED AND APPROVED by the Board of the San Diego County Regional Airport Authority at a special meeting this 8th day of January, 2007, by the following vote: AYES:Board Members: NOES: Board Members: ABSENT: Board Members: APPROVED AS TO FORM: BRETON K. LOBNER, GENERAL COUNSEL Bersin, Boland, Desmond, Finnila, Jacobson, Nieto, Panknin, Watkins, Young None None ATTEST: >J 0VO>« V- V- CLO TONY R.RUSSELL DIRE6TOR, CORPORATE SERVICES/ AUTHORITY CLERK EXHIBIT 7 SAN DIEGO REGIONAL AIRPORT AUTHORITY P.O. BOX 82776, SAN DIEGO, CA 92138-2776 619.400.2400 WWW.SAN.ORG February 5, 2007 City of Carlsbad Ms. Pam Drew Project Manager 1635 Faraday Avenue Carlsbad, CA 92008 Re: San Diego County Regional Airport Authority Airport Land Use Commission Consistency Determination - Dryden Place and Palomar Oaks Way, City of Carlsbad; Planned Industrial Development Permit for one new two-story commercial/office building; APN # 212-091-01; McClellan-Palomar Airport Land Use Compatibility Plan - PAL-07-001, Resolution No. 2007-0009 ALUC Dear Ms. Drew: This letter is to notify the City of Carlsbad ("City") of the January 8, 2007, consistency determination that was made by the San Diego County Regional Airport Authority ("Authority" or "SDCRAA"), acting in its capacity as the San Diego County Airport Land Use Commission ("ALUC"), for the referenced project. The ALUC has determined that the proposed project is not consistent with the McClellan-Palomar Airport ("Airport") Land Use Compatibility Plan ("ALUCP"). A copy of Resolution 2007-0009 ALUC, approved by the ALUC on January 8, 2007, and memorializing the consistency determination, is enclosed for your information. The ALUC's determination that the Dryden Place and Palomar Oaks Way project is not consistent with the ALUCP was made consistent with the ALUC Policies and the State Aeronautics Act provisions (Cal. Pub. Util. Code §21670-21679.5), and was based on numerous facts and findings, including those summarized below: (1) The proposed project involves a Planned Industrial Permit to construct one new two story office/commercial building at Dryden Place and Palomar Oaks Way, City of Carlsbad. The proposed project is located within the 75-80 dB CNEL noise contours and within the Flight Activity Zone (FAZ) for McClellan-Palomar Airport. (2) The McClellan-Palomar Airport ALUCP identifies office and commercial including manufacturing and warehouse uses located within the 75-80 dB CNEL noise contours as not compatible with airport uses. (3) The proposed project is located within the FAZ of the McClellan-Palomar Airport. It is consistent with the FAR Part 77 Guidelines. SAN DIEGO INTERNATIONAL AIRPORT Ms. Pam Drew Page 2 (4) Because the project is not consistent with the noise requirements as stated in the adopted ALUCP, the proposed project is not consistent with the McClellan-Palomar Airport ALUCP. (5) This Board action is not a "project" as defined by the California Environmental Quality Act (CEQA) Pub. Res. Code Section 21065; and is not a "development" as defined by the California Coastal Act Pub. Res. Code Section 30106. Please contact Ms. Linda Johnson at (619) 400-2463 if you have any questions regarding the issues addressed in this letter. Very truly yours, lla F. Bowens President/CEO TFB/LMJ/arw Enclosures: Resolution 2007-0009 ALUC cc: Amy Gonzalez, SDCRAA - General Counsel Ron Bolyard, Caltrans - Division of Aeronautics Petra Jordan, Ken Smith Architect & Assoicates 15 FILE COPY City of Carlsbad 5° Planning Department November 1,2007 Sandy Hesnard Aviation Environmental Specialist State of California Department of Transportation Division of Aeronautics - MS 40 P.O. Box 942874 Sacramento, CA 94274-0001 RE: ENVIRONMENTAL REVIEW OF THE DURKIN FAMILY TRUST PROJECT - PIP 06-19 Thank you for submitting comments on the Draft Mitigated Negative Declaration (MND) for the Durkin Family Trust Project (SCH No. 2007101076) located on Lot 25 of CT 81-46. Your letter dated October 23, 2007 states that the project site is located within the Runway Protection Zone (RPZ) as depicted on the Federal Aviation Administration (FAA) approved Airport Layout Plan. However, according to the City of Carlsbad's Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated October 4, 2004, the project site is outside the RPZ (see attached diagram from the CLUP) and, therefore, not subject to these land use restrictions contained in the CLUP. The project site is within the Flight Activity Zone (FAZ), and the San Diego County Regional Airport Authority (SDRAA) has found the project to be consistent with the FAZ. The SDRAA found the project to not be consistent with the noise requirements as stated in the CLUP because the project site is within the 75 dB CNEL contour. As mentioned in the MND, the project has been conditioned to reduce the interior noise levels to 50 dBA CNEL and therefore we believe the project, with mitigation measures, will not create a public health, safety or welfare problem. Staff has contacted Willie Vasquez, McClellan-Palomar Airport Manager, and Olivier Bracket, Assistant Airport Manager, about the project. They have reviewed the architectural plans for the project and are also aware of the MND and will be reviewing that as well. At least 45 days prior to the decision of the City Council to overrule the SDRAA's Inconsistency Determination, staff will mail a copy of the proposed decision and findings, as required by the Public Utilities Code (PUC) Section 21676, to the airport manager, SDRAA and Caltrans. Thank you again for your comments. PAM DREW Associate Planner C: Linda Johnson, San Diego County Regional Airport Authority, P.O. Box 82776, San Diego, CA 921 38-2776 Attachment 1635 Faraday Avenue • Carlsbad, CA 92O08-7314 • (760) 6O2-46OO • FAX (760) 602-8559 • www.ci.carlsbad.ca.us FILE COPY City of Carlsbad Planning Department EXHIBIT 10 November 28, 2007 Ms. Ferrell State of California Department of Transportation Division of Aeronautics 1120N. Street, Room 3300 Sacramento, CA 95814 RE: PIP 06-19 - DURKIN FAMILY TRUST Dear Ms. Ferrell: Per the State Aeronautics Act, this letter is to inform you that the City of Carlsbad will be conducting a public hearing on or after February 6, 2008 for the Durkin Family Trust industrial building project located in Carlsbad, CA. The project has been previously reviewed by the San Diego Airport Land Use Commission (ALUC) on January 8, 2007 and was determined not consistent with the noise requirements as stated in the Noise/Land Use Compatibility Matrix of the McClellan-Palomar Comprehensive Land Use Plan (CLUP). As such, the City is proposing to override the ALUC's determination of inconsistency regarding the location of the proposed building in relation to the noise contours of the McClellan-Palomar Airport. Please find attached the draft agenda bill, draft resolution which includes the findings for the override, draft approval letter for the Planned Industrial Permit, and the determination of inconsistency letter and resolution from the ALUC. If you have any comments or questions regarding the above, please feel free to contact me at (760) 602-4644 or at pdrew@ci.carlsbad.ca.us. Sincerely, PAM DREW Associate Planner C: Linda Johnson, San Diego County Regional Airport Authority, P.O. Box 82776, San Diego, CA 92138-2776 Willie Vasquez, County of San Diego - McClellen-Palomar Airport, 2192 Palomar Airport Road, Carlsbad, CA 92011 Attachments 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 « FAX (760) 602-8559 • www.ci.carlsbad.ca.us "1ft.- Hfiiuiixnimi. pirninr-n n s\ «K «•>•_ — . _ _ — • «*«*a.w4i \jr /iX 1120 N STREET P.O. BOX 942873SACRAMENTO, CA 9427^1 rvv\i PHONE (916) 654-4959 ° PAX (916) 653-9531TTY 711 December 10,2007 Ms. Pam Drew City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Dear Ms. Drew: EXHIBIT 8 Be energy efficient! RECEIVED DEC 1 0 2007 STATE CLEARING HOUSE Revised Letter aroxi "" " •Mca.llan-approximately 354 based ateraf, e evatum is approximately » is an a«ivc ai.port w ft °?emi°'»- Although theproj^ 5i»o». «*« P4« site wil, I Ms. Pam Drew December 10,2007 Page 2 airport safety zones, considered to be at "very high risk" due its proximity to the end of the runway. The Caltrans Airport Land Use Planning Handbook (Handbook) generally recommends prohibiting all new structures within the RPZ. Just beyond the RPZ is the Inner Approach and Departure Zone. The RPZ together with the inner safety zones encompass 30 to 50 percent of the near-airport aircraft accident sites. The FAA's Airport Design Guide, Advisory Circular 150/530043, also contains guidance pertaining to land uses within the RPZ. The RPZ is further broken down into three sub areas: The Runway Object Free Area, Object Free Area Extension, and Controlled Activity Area. The Design Guide prohibits structures and parking within the Object Free Area and the Object Free Area Extension. Also, as part of F AA grant assurances, if an airport sponsor receives federal funds for an airport it is required that the land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations. CEQA, Public Resources Code Section 21096, requires the Handbook be utilized as a resource in the preparation of environmental documents for projects within airport land use compatibility plan boundaries or if such a plan has not been adopted, within two miles of an airport. The Handbook is a resource that should be applied to all public use airports and is available on-line at http://www.dot.ca.gov/hq/planning/aeronaut/. According to the ND, the project site is located within the 75 decibel Community Noise Equivalent Level (CNEL) contour for McClellan-Palomar Airport; however, the project has been "conditioned to reduce the interior noise levels to 50 dBA CNEL " The ND also states that the proposal was "deemed not consistent (noise) with the McClellan-Palomar Airport" CLUP by the San Diego County Regional Airport Authority acting as the San Diego County Airport Land Use Commission (ALUC) on January 8, 2007, The ND further states that "prior to final approval of the project, the City must overrule the ALUC inconsistency determination by a four-fifths vote of the City Council at a public hearing where findings are made that the action is consistent with the State Aeronautics Act. Mitigation required to avoid conflict with the CLUP consists of City Council overrule of the ALUC consistency prior to final approval of the project." Public Utilities Code (PUC) Section 21676, et seq., requires Caltrans review and comment on the specific findings a local government intends to use when proposing to overrule an ALUC. Caltrans specifically looks at the proposed findings to gauge their relationship to their overrule. Also, pursuant to PUC Section 21670 et seq., findings should show evidence that the local agency is minimizing ".. .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." The proposal should also be coordinated with McClellan-Palomar Airport staff to ensure that the project will be compatible with future as well as existing airport operations, PUC Section 21659 prohibits structural hazards on or near airports. In accordance with Federal Aviation Regulation (FAR), Part 77 "Objects Affecting Navigable Airspace," a Notice of Proposed Construction or Alteration (Form 74604) may be required by the Federal Aviation Administration "CattraTLs improves mobility across California" Ms. Pam Drew December 10, 2007 Page 3 (FAA). Form 7460-1 is available at https://oeaaa.faa.gov/oeaaa/external/portal.jsp and should be submitted electronically to the FAA. The location and type of trees and their mature height is also a potentially significant concern. Trees should be selected carefully so they do not become a hazard to aircraft around the airport. Selection of a species of tree that does not grow taller than the buildings is strongly recommended so the maturing trees do not become penetrations to the FAR Part 77 imaginary surfaces and potential hazards to aircraft operating to and from the airport. Aviation plays a significant role in California's transportation system. This role includes the movement of people and goods within and beyond our State's network of over 250 airports. Aviation contributes nearly 9 percent of both total State employment (1.7 million jobs) and total State output ($110.7 billion) annually. These benefits were identified in a study entitled, "Aviation in California: Benefits to Our Economy and Way of Life," and is available on-line at http://www.dot.ca.gov/hq/planning/aeronaut/. Aviation improves mobility, generates tax revenue, saves lives through emergency response, medical and fire fighting services, annually transports air cargo valued at over $.1.70 billion and generates over $14 billion in tourist dollars, which in turn improves our economy and quality of life. The protection of airports from incompatible land use encroachment is vital to California's economic future. McClellan-Palomar Airport is an economic asset that should be protected through effective airport land use compatibility planning and awareness. Although the need for compatible and safe land uses near airports in California is both a local and a State issue, airport staff, airport land use commissions and airport land use compatibility plans are key to protecting an airport and the people residing and working in the vicinity of an airport. Consideration given to the issue of compatible land uses in the vicinity of an airport should help to relieve future conflicts between airports and their neighbors. These comments reflect the areas of concern to the Division with respect to airport-related noise and safety impacts and regional airport land use planning issues. We advise you to contact our Caltrans District 11 San Diego office concerning surface transportation issues. Thank you for the opportunity to review and comment on this proposal. If you have any questions, please call me at (916) 654-5314. Sincerely, SANDYlfESNARD Aviation Environmental Specialist c: State Clearinghouse, San Diego Regional Airport Authority, McClellan-Palomar Airport, FAA Los Angeles Airports District Office "Caltrans improves mobility across California* FILE l. City of Carlsbad Planning Department EXHIBIT 11 January 4, 2008 Ms. Ferrell State of California Department of Transportation Division of Aeronautics 1120 N. Street, Room 3300 Sacramento, CA 95814 RE: PIP 06-19 - DURKIN FAMILY TRUST Dear Ms. Ferrell: This letter is a follow-up to my previous letter dated November 28, 2007, informing you that a public hearing is scheduled for the Durkin Family Trust project located in Carlsbad, California. After further review of the agenda bill there have been a few minor changes. Attached is the revised agenda bill and an additional attachment to the report. Per the California Public Utilities Code Section 21676, at least 45 days prior to the decision by the City Council to overrule the SDRAA's Inconsistency Determination with the CLUP, the local agency must notify Caltrans of its proposed decision and findings. The letter addressed to you, and dated November 28, 2007, included the draft proposed decision and draft findings with attachments, which constitutes the 45 day requirement per PUC Section 21676. Section 21676 also states that the commission and the division may provide comments to the local agency governing body within 30 days of receiving the proposed decision and findings. In light of the minor revisions please let me know if you need additional time in which to comment, otherwise the project will be heard at the February 12, 2008 City Council meeting. If you have any comments or questions regarding the above, please feel free to contact me at (760) 602-4644 or at pdrew@ci.carlsbad.ca.us. Sincerely, PAM DREW Associate Planner C: Linda Johnson, San Diego County Regional Airport Authority, P.O. Box 82776, San Diego, CA 92138-2776 Willie Vasquez, County of San Diego - McClellen-Palomar Airport, 2192 Palomar Airport Road, Carlsbad, CA 92011 Peter Drinkwater, Director, County Airports Department of Public Works, 1960 Joe Crosson Drive, El Cajon, CA 92020-1 236 Attachments 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, February 12, 2008, to consider overriding the San Diego County Regional Airport Land Use Commission's determination of non-consistency with the McClellan-Palomar Airport Comprehensive Land Use Plan to allow for the development of an industrial building on 2.71 acres on property generally located at the northwest comer of Dryden Place and Palomar Oaks Way, within the Carlsbad Airport Centre Specific Plan and more particularly described as: Lot 25 of Carlsbad Tract No. 81-46 Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No, 11287, filed in the Office of the County Recorder of San Diego County, July 16, 1985. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after February 8, 2008. If you have any questions, please call Pam Drew in the Planning Department at (760) 602-4644. If you challenge the override of the San Diego County Regional Airport Land Use Commission's determination of non-consistency with the McClellan-Palomar Airport Comprehensive Land Use Plan in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: PIP 06-19 CASE NAME: DURKIN FAMILY TRUST PUBLISH: FEBRUARY 2, 2008 CITY OF CARLSBAD CITY COUNCIL CITY OF CARLSBAD CITY OF CARL CITY OF C CITY OF CARLS:CITY OF C DURKIN FAMILY TRUST 06-10-99 STE 1080 4660 LA JOLLA VILLAGE DR SAN DIEGO, CA 92122 DURKIN C A C LOT 24 LLJC STE 1080 ^ 4660 LAJOfeCAVILLAGE DR SAN-elEGO, CA 92122 DURKIN HOEHN LOT 23 STE 1080 4660 LAJ-foTVlLLAGE DR , CA92122 CALLAWAY GOLF CO 2285 RUTHERFORD RD CARLSBAD, CA 92008 CALIFORNIA PEGASUS L L C 5816 DRYDEN PL CARLSBAD, CA 92008 CARLSBAD AIRPORT SELF STORAGE PO BOX 15163 LAS VEGAS, NV 89114 STRUCTURES ON THE GREEN L L C PO BOX 276.3 LA JOLLA, CA 92038 COUNTY OF OLYMPIC RESORT 6111 EL CAMINOREAL CARLSBAD, CA 92009 'PALOMARCOUNTY OF SA AIRPO AVIS RENT A CAR SYSTEM INC 6 SYLVAN WAY PARSIPPANY, NJ 7054 DENNIS RIECK 2056 PALOMAR AIRPORT RD CARLSBAD, CA 92011 COUNTY OF SAN DIEI AIRPO OMAR COUNTY OF SAN AIRPORTSP. DEE BVP ASSOCIATES LLC 5770 ARMADA DR CARLSBAD, CA 92008 COUNTY OF SAN AIRPO SCEF PALOMAR LLC STE 105 1800 AVENUE OF THE STARS LOS ANGELES, CA 90067 CIVIC HELICOPTERS INCPALOMAR AIRPORT(2192H) RDCARLSBAD; CA 92011 WESTERN FLIGHT INC 2210 PALOMAR AIRPORT RD CARLSBAD, CA 92011 COUNTY OF SAN DIEGOPALQMAR AIRPO MERCURY FUELS INC 5456 MCCONNELL AVE LOS ANGELES, CA 90066 OPALOMARCOUNTY OF S AIRPO COUNTY OF SAN DIEGOPALC AIRPO MARCOUNTY OF SAN DffiC AIRPO SKYWEST AIRLINES INC DBA UNITED 444 S RIVER RD ST GEORGE, UT 84790 SKYWEST AIRLINES^ UNITED 444 S STGEdRGE, UT 84790 COUNTY OF S AIRPO GOPALOMAR MESA AIRLINES INC DBA. WE PO BOX 723427, ATLANTAr-GA31139 MESA AIRLINES DBA AMERICA WEST PO BOX 723427 ATLANTA, GA 3113 9 COUNTY OF SAN DIE( AIRPO SCIFPALOMARLLC 2006 PALOMAR AIRPORT RD CARLSBAD, CA 92011 COUNTY OF SAN DI AIRPO iPALOMAR CITY OF CARLSBAD NATUREMAKER INC STE110 6225 EL CAMINO REAL CARLSBAD, CA 92009 WESTERN FLIGHT i 2210 PALOMAR-&IRPORT RD CARLSBAtfTCA 92011 WESTERN FLIGHT INf 2210 PALOMARJtfKPORT RD CARLSBABCCA92011 WESTERN FLIGHT INC 2210 PALOMAR AIR£f CARLSBAD, CA-9Z011 JET SOURCE INC 2056 PALOMAR AIRPORT RD CARLSBAD, CA 92011 PALOMAR AIRPORT FUEL LLC 2192 PALOMAR AIRPORT RD , CARLSBAD, CA 92011 RELATIONAL PALOMAR LLC STE600 12400 HIGH'BLUFF DRSAN DIEGO, CA 92130 RELATIONAL PALO* • STE 600 12400 HKjH-BCUFF DR , CA 92130 RELATIONAL PALOMASTLLC STE 600 ^^-"""^ 12400 H£i«rBLUFF DR SANl5ffiGO, CA 92130 RELATIONAL PALOMARJ STE 600 ^^^ 12400 HIGH^MJFF DR SANPffiGCXCA 92130 COUNTY OF SAN DIEGOPALOMAR AIRPORT" BLUE MAX PALOMAR AIPORT COMPANY 8564 EL PASEO GRANDE LA JOLLA, CA 92037 6.0, MERCY AIR SERVICE CORPORATIO^ STE 204 9745 PROSPECT AVE ' SANTEE, CA 92071 Easy Peel Labels Use Avery® TEMPLATE 5160® P[ CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 Paper See Instruction Sheet i for Easy Peel Feature 4 SAN MARCOS SCHOOL DIST STE 250 255 PICO AVE SAN MARCOS CA 92069 AVERY®5160® ENCINITAS SCHOOL DIST 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DIST 701 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DIST 1966OLIVENHAINRD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 VALLECITOS WATER DIST 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CALIF DEPT OF FISH & GAME 4949 VIEW RIDGE AVE SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CNTRL DIST 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 ATTN TEDANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 SCOTT MALLOY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD RECREATION CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER 01/08/2008 Etiquettes faciles a peler Utilisez le aabarit AVFRY® 51fiO®Sens de charaement Consultez la feuille H'inc+n I^+!SMI www.avery.com Durkin Family TrustDurkin Family Trust RequestRequestƒƒThis item is a request for a City Council This item is a request for a City Council override of the San Diego County Regional override of the San Diego County Regional Airport AuthorityAirport Authority’’s Land Use Commissions Land Use Commission’’s s determination of inconsistency with the determination of inconsistency with the noise contours of the McClellannoise contours of the McClellan--Palomar Palomar Airport Land Use Compatibility Plan.Airport Land Use Compatibility Plan. LocationLocationƒƒPlanned Industrial Permit (PIP 06Planned Industrial Permit (PIP 06--19)19)--Dryden Place /Dryden Place /Palomar Oaks WayPalomar Oaks Way--PP--M Zone / PI GPM Zone / PI GP--Carlsbad Airport Centre Carlsbad Airport Centre Specific Plan (SP Specific Plan (SP --181)181)--Subdivision Map (CT 81Subdivision Map (CT 81--46)46)Lot 25Lot 25 McClellanMcClellan--Palomar Airport Land Use Palomar Airport Land Use Compatibility Plan (ALUCP)Compatibility Plan (ALUCP)ƒƒALUCP:ALUCP:––Airport Influence AreaAirport Influence Area––Flight Activity ZoneFlight Activity Zone––Not within the RPZNot within the RPZ––Noise Contours Noise Contours --75 CNEL75 CNEL––Compatible Uses Compatible Uses (due to noise levels)(due to noise levels)--agricultureagriculture--extractive industryextractive industry--fishingfishing--utilitiesutilities--public public rr--oo--ww--golf coursegolf course Process Process ƒƒConsistency Determination Request to the San Diego Consistency Determination Request to the San Diego County Regional Airport Authority (SDCRAA).County Regional Airport Authority (SDCRAA).ƒƒSDCRAA Determined the Proposed Project was consistent SDCRAA Determined the Proposed Project was consistent with the Flight Activity Zone and the Federal Aviation with the Flight Activity Zone and the Federal Aviation Regulations (FAR) Part 77 Guidelines of the McClellanRegulations (FAR) Part 77 Guidelines of the McClellan--Palomar Airport Land Use Compatibility Plan (ALUCP).Palomar Airport Land Use Compatibility Plan (ALUCP).ƒƒSDCRAA Determined the Proposed Project was not SDCRAA Determined the Proposed Project was not Consistent with the Noise Contours of the McClellanConsistent with the Noise Contours of the McClellan--Palomar ALUCP.Palomar ALUCP. Compatibility with the ALUCPCompatibility with the ALUCP--Consistent with Safety:Consistent with Safety:--Project not in the Runway Protection ZoneProject not in the Runway Protection Zone--FAR Part 77 Guidelines FAR Part 77 Guidelines --Height = 35Height = 35’’--Maximum Assembly Capacity = 100 PersonsMaximum Assembly Capacity = 100 Persons--Consistent with Noise with Mitigation Measures:Consistent with Noise with Mitigation Measures:--Acoustical Analysis Acoustical Analysis --Interior Noise ReductionInterior Noise Reduction--No Outdoor Eating AreaNo Outdoor Eating Area--Notice of RestrictionNotice of Restriction--Hold Harmless AgreementHold Harmless Agreement--AvigationAvigationEasementEasement--City Council Override:City Council Override:--CPUC Section 21676CPUC Section 21676--TwoTwo--thirds majority vote (4/5 Vote)thirds majority vote (4/5 Vote) CorrespondenceCorrespondenceƒƒCalifornia Department of Transportation California Department of Transportation Division of Aeronautics Division of Aeronautics ƒƒFederal Aviation Administration Federal Aviation Administration ƒƒPalomar Airport Advisory CommitteePalomar Airport Advisory Committee Recommended ActionRecommended ActionƒƒThat Council adopt Resolution No. 2008That Council adopt Resolution No. 2008--039039approving the override of the San Diego approving the override of the San Diego County Regional Airport AuthorityCounty Regional Airport Authority’’s Land s Land Use CommissionUse Commission’’s determination of s determination of inconsistency with the noise contours of the inconsistency with the noise contours of the McClellanMcClellan--Palomar Airport Land Use Palomar Airport Land Use Compatibility Plan.Compatibility Plan.