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."
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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
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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
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— • «*«*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,
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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^
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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
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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
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Durkin Family TrustDurkin Family Trust
RequestRequestThis 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.
LocationLocationPlanned 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)ALUCP: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 Consistency Determination Request to the San Diego Consistency Determination Request to the San Diego County Regional Airport Authority (SDCRAA).County Regional Airport Authority (SDCRAA).SDCRAA 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).SDCRAA 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)
CorrespondenceCorrespondenceCalifornia Department of Transportation California Department of Transportation Division of Aeronautics Division of Aeronautics Federal Aviation Administration Federal Aviation Administration Palomar Airport Advisory CommitteePalomar Airport Advisory Committee
Recommended ActionRecommended ActionThat 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.