HomeMy WebLinkAbout2024-04-23; City Council; ; Request to Initiate a General Plan Amendment, Zoning Code Amendment and Local Coastal Program Amendment for New or Expanded Airport Uses at the McClellan Palomar AirportCA Review ___AF___
Meeting Date: April 23, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Mike Strong, Assistant Director of Community Development
mike.strong@carlsbadca.gov, 442-339-2721
Subject: Request to Initiate a General Plan Amendment, Zoning Code Amendment
and Local Coastal Program Amendment for New or Expanded Airport
Uses at the McClellan-Palomar Airport
District: 2
Recommended Action
Adopt a resolution of intention authorizing the processing of a General Plan amendment,
Zoning Code amendment and Local Coastal Program amendment to specify and clarify code
requirements and permit review procedures for new or expanded airport uses, or where there
is an acquisition of property beyond the current boundaries of an airport (Exhibit 1).
Executive Summary
The city received a request from the Chatten-Brown Law Group representing the Citizens for a
Friendly Airport (Exhibit 2) on Jan. 2, 2024, requesting the reinitiation of a Zoning Code
amendment associated with the McClellan-Palomar Airport. The group is seeking to collaborate
with the city to specify and clarify the city’s code requirements and permit review procedures
for new or expanded airport uses, in accordance with the 1978 annexation agreement between
the city and County of San Diego, as detailed in the San Diego Superior Court’s ruling in Citizens
for a Friendly Airport v. County of San Diego.
The City Council considered the request at its meeting on Feb. 27, 2024, and approved a motion
directing staff to review and investigate the requests from Citizens for a Friendly Airport, and to
bring back for a future agenda item for discussion, within 60 days with an analysis, any steps,
potential costs and the timing to implement the proposals.
This staff report responds to this City Council direction.
April 23, 2024 Item #5 Page 1 of 36
Explanation & Analysis
Background
The McClellan-Palomar Airport is
owned and operated by the County of
San Diego and located north of
Palomar Airport Road between College
Avenue and El Camino Real. The
single-runway airport opened as the
Palomar Airport in 1959 after county
officials decided to replace the Del
Mar Airport.
The airport was annexed to the City of
Carlsbad in 1978 and renamed the
McClellan-Palomar Airport in 1982. Today, the airport has approximately 300 aircraft based
there and accommodates 140,000 takeoffs and landings annually, for aircraft ranging in size
from small propeller aircraft to smaller corporate and commercial business jets that can
accommodate up to 20 passengers. The runway length is currently 4,897 feet.
Since its opening, the airport has been a topic of concern for many residents due to the noise
generated by the aircraft and the potential safety issues related to aircraft accidents. Additional
concerns have been raised over the county’s expressed interest in expanding the airport to
address safety concerns and accommodate more air traffic and larger commercial aircraft.
In response, the city initiated efforts to influence and condition growth of the airport in a
variety of ways, including through annexation and issuance of a conditional use permit (CUP-
172, approved by Planning Commission Resolution No. 1699, Exhibit 3). In addition, the City
Council amended the city’s municipal code in 1980 to include Section 21.53.015, which requires
an affirmative public vote before the City Council can take any legislative action necessary to
authorize expansion of the airport.1
Aside from the county needing to obtain city approvals, it also needs to follow the guidance of
the Federal Aviation Administration, or FAA, to prepare an airport master plan. This plan is a
comprehensive planning document describing the airport’s future use and facility development
over a 20-year period.
An airport master plan for the airport was completed in 1997. It anticipated continued growth
of aircraft operations over the 20-year planning horizon of the document. The 1997 Airport
Master Plan projected that by 2015 the airport would have approximately 610 based aircraft
and approximately 260,000 annual takeoffs and landings annually. As a result, the 1997 Airport
Master Plan identified several improvements that would be needed to meet this anticipated
growth, including extending the existing runway to support a larger fleet of business jets and
larger aircraft. While it was necessary for scheduling and budgeting purposes for the county to
1 This Municipal Code section was proposed by initiative petition and adopted by the City Council without
submission to voters. It may not be repealed or amended without voter approval.
April 23, 2024 Item #5 Page 2 of 36
MCC/e/lan-Pa/ornar
Airport :
be focused on the timing of airport expansion, the 1997 Airport Master Plan indicated that the
actual need and specific timing for new facilities would be established by levels of activity.
The county initiated work on a comprehensive update to the airport master plan in 2014, which
was referred to as the McClellan-Palomar Airport Master Plan Update. This update proposed
designing airport functional elements to support a larger fleet of business jets and larger
aircraft, which again would include an extension of the existing runway.
In 2018, as the update was being developed, the city, initiated a multi-pronged approach to
address mounting community concerns regarding the airport expansion, including conducting a
review of city policies and regulations related to airport uses. Following that review, on Oct. 16,
2018, the City Council directed staff, to initiate an amendment to its zoning ordinance to allow
airport and airport supporting uses with approval of a conditional use permit only within the
airport’s property boundaries (Exhibit 4).2
Just prior to that City Council direction, on Oct. 10, 2018, the County of San Diego Board of
Supervisors adopted the McClellan-Palomar Airport Master Plan Update and its final program
environmental impact report. The Citizens for a Friendly Airport, responded by filing a lawsuit
against the county on Nov. 6, 2018, challenging the county’s decision and the adequacy of the
final program environmental impact report. On Dec. 6, 2018, the city filed its own lawsuit
against the county also challenging the adequacy of the final program environmental impact
report.
Following settlement discussions, the city and the county entered into a mutual cooperation
and settlement agreement on March 28, 2019. This agreement provided for cooperation
between the two agencies concerning the Master Plan Update, dismissal of the city’s lawsuit
and abandonment of the Zoning Code amendments. The City Council formally approved the
agreement on May 7, 2019, through the adoption of City Council Resolution No. 2019-060
(Exhibit 5).
After the approval of the settlement agreement, the City Council approved two resolutions on
Sept. 19, 2019: City Council Resolution No. 2019-178 (Exhibit 6) and City Council Resolution No.
2019-179 (Exhibit 7).
• Resolution No. 2019-178 formally opposed the county’s selected Airport Master Plan
Update option that extended the runway by up to 800 feet.
• Resolution No. 2019-179 formally supported the Airport Master Plan Update option that
did not include a runway extension.
2 When used in relation to the Palomar Airport, the terms “Zoning Code amendments” and “Drafted Zoning Code amendments” are interchangeable and refer to staff efforts to draft an ordinance that creates an airport boundary line or restricts the acquisition of additional property for airspace protection or airport safety zone.
April 23, 2024 Item #5 Page 3 of 36
Citizens for a Friendly Airport continued to pursue its lawsuit against the county, and on Jan. 26,
2021, the Superior Court issued an order determining:
1) The final program environmental impact report’s noise analysis was inadequate.
2) The county must obtain an amendment to the airport’s conditional use permit, CUP-
172, before changing the airport’s design standard.
The court subsequently ordered the county to set aside all approvals associated with its Oct. 10,
2018, decision, which included the approval of the Airport Master Plan Update and certification
of the final program environmental impact report. The county complied with the court’s order
and set aside all approvals associated with the Airport Master Plan Update on May 5, 2021.
The county’s action effectively eliminated the need for the settlement agreement, so the City
Council voted to terminate the settlement agreement on Sept. 14, 2021. (Exhibit 8).
After completing additional noise analysis, the county again certified the final program
environmental impact report and adopted the Airport Master Plan Update on Dec. 8, 2021
(Exhibit 9). As part of the decision, the county selected to implement a runway extension of 200
feet (+/-10%) now and to add a maximum 900-foot extension option at some point in the long-
term future, conditioned on addressing the conditional use permit and other requirements.3
The county also committed to continue working with the FAA on noise concerns, which could
include allowing “quiet hours” for takeoffs and landings, or letting the county charge fees if
pilots do not comply with quiet hour requests.
Citizens for a Friendly Airport did not challenge the county’s decision, and the county has not
filed an application with the city to amend CUP-172.
Discussion
Citizens for a Friendly Airport’s request
The city received correspondence on Jan. 2, 2024, from the Chatten-Brown Law Group, who
represents the Citizens for a Friendly Airport (Exhibit 2). In short, the group is seeking to
collaborate with the city to re-introduce the Zoning Code amendments that were withdrawn as
a condition of the settlement agreement in 2019, with additional revisions recommended. The
Citizens for a Friendly Airport letter is also requesting a General Plan amendment to further
clarify the city’s policy for new or expanded airport uses. The City Council on Feb. 27, 2024,
received the Citizens for a Friendly Airport letter and discussed the request to initiate the
amendments.
During discussions, staff indicated that in accordance with Section 21.52.020 of the Carlsbad
Municipal Code, amendments to General Plan, Zoning Code, or Local Coastal Program may be
initiated by a property owner, the City Planner, the Planning Commission or the City Council. In
response, via a motion, the City Council “directed staff to review and investigate the requests
3 On this point, the final program environmental impact report states, “Subject to the right to assert immunities, federal preemption or other legal theories, the County will seek an amendment to CUP-172 for any change beyond the existing B-II designation in the ALP [airport layout plan] or prior to taking action to implement facility improvements for greater than B-II.” (An airport layout plan is a visual representation of an airport's existing and planned facilities, including the dimensions and clearance needed to meet standards. B-II is the FAA term for an airport that serves smaller aircraft, not larger passenger or freight air traffic.)
April 23, 2024 Item #5 Page 4 of 36
from Citizens for a Friendly Airport and bring back an item on a future agenda for discussion
within 60 days those actions along with any analysis, any steps, potential costs and timing to
implement the proposals (passed 5/0).”
Amendments to city regulations
To implement the requested actions, amendments to the following land use regulations will
need to be concurrently processed.
• Zoning Code amendments (Carlsbad Municipal Code Chapter 21)
The ordinance work that was proposed and subsequently discontinued in 2018 included
the following amendments:
o Add the term “airport” in the definition section of Chapter 21.04 of the Carlsbad
Municipal Code (because the existing ordinance does not specifically list this
definition or reference its meaning. Specific terms used in Chapter 21 are defined in
Chapter 21.04 and have the meaning respectively ascribed to them. If words or
phrases used in Zoning Code are not specifically defined, there could be ambiguity
or uncertainty regarding the meaning of a definition provided or intent used by its
context.
o Modify several use allowance tables throughout the Zoning Code prohibiting
airport uses in all zones except the existing property zoning where the current
McClellan-Palomar Airport is located (Planned Industrial – PM Zone and Industrial –
M Zone). With these changes, the Zoning Code would better define how specific
property within a geographic area may be used for new or expanded airports. If the
airport use is prohibited elsewhere in the city’s zoning districts, the county must
apply to have the property rezoned to allow the intended use.
In addition to re-initiating this work, Citizens for a Friendly Airport has requested the city
include the following additions to the Municipal Code:
o Add the term “airport expansion” in the definition section of Chapter 21.04 to
address the need to provide a brief explanation of zoning terminology to help
specifically govern how real property can and cannot be used in certain geographic
areas.
o Amend Chapters 21.32 and 21.34 to state that the approval of a conditional use
permit amendment for an airport expansion would be subject to City Council
approval. The action would require that the City Council be the decision-making
authority on all discretionary actions (i.e., conditional use permits and associated
amendments) involving the McClellan-Palomar Airport, following a
recommendation by the Planning Commission. The authority to approve and
amend a conditional use permit is currently delegated to the Planning Commission,
and its decisions can be appealed to the City Council. To retain consistency
between Zoning Code provisions, it is also recommended that Chapter 21.54.125
be updated to acknowledge the permitting procedures and decision-making
jurisdiction for airport expansions.
April 23, 2024 Item #5 Page 5 of 36
Should the City Council authorize the processing of the Zoning Code amendments, the city
would be able to process the amendments with existing staff resources, with no impacts to
department budgets. However, the recommendations presented in this staff report would
result in the need to obtain outside legal counsel services to help review the amendments.
• General Plan amendment
The Citizens for a Friendly Airport also identified areas of the Land Use Element portion of
the General Plan that could be amended to further support previous comments (and
policies) of the City Council. These areas go beyond the ordinance work that was proposed
by city staff in 2018. For the most part, the proposed changes duplicate those proposed
under the Zoning Code amendments; however, inserting a series of policy statements
regarding the airport classification into the General Plan would help the city with future
implementation actions related to processing future conditional use permits s or
conditional use permits amendments. To obtain either of these, the applicant must
demonstrate that the contemplated use is consistent with the policies of the General Plan.
Specifically, California Government Code Section 65402 provides that the county cannot
acquire property within the city until the "location, purpose and extent of such acquisition
… [has] been submitted to and reported upon by the planning agency as to conformity"
with the city's General Plan. Therefore, adding wording to the General Plan to specify the
airport’s classification and limits of permissible airport expansion areas would help
reinforce the city’s permissible local land use authority.
Local Coastal Program amendment
Although the Palomar Airport property is not located in the Coastal Zone, changes to the Zoning
Code require amendments to the Local Coastal Program. Among other things, the city’s Local
Coastal Program is comprised of the Zoning Code, Carlsbad Municipal Code Chapter 21, so any
privately initiated or city-sponsored requests to amend the Zoning Code would also require an
amendment to Carlsbad’s Local Coastal Program. Under the state’s Coastal Act, a local coastal
plan and zoning ordinances, zoning district maps, and other implementing actions – that is, a
local coastal program – are to be submitted to the California Coastal Commission for its
approval and certification. Cities and counties with approved local coastal programs may
amend a certified local coastal program, but such amendments do not take effect in the Coastal
Zone until they have been certified by the Coastal Commission. Amendments to the General
Plan and Zoning Code would become effective outside of the Coastal Zone 30 days after
adoption.
Where a project necessitates an amendment to a certified Zoning Code, the first phase of the
decision-making process is similar to other legislative changes. For the most part, the proposed
Local Coastal Program may be amended in the same manner as the Zoning Code amendment:
initiated, written, and processed by the city. However, the Coastal Act requires additional public
review and notice of availability of draft documents (see section below). After local adoption,
the amendments must also go through the Coastal Commission’s Local Coastal Program
amendment review process. If the City Council adopts an amendment the Local Coastal
Program, the proposed modification shall be referred to the Coastal Commission for its
approval before it can be effective in the Coastal Zone, in compliance with state law.
April 23, 2024 Item #5 Page 6 of 36
Reviewing agencies and authorities
Once the policy documents listed above are drafted, there are other agencies that must review
documents before they can be reviewed and considered by the City Council, as reflected below.
• California Native American tribes
Senate Bill 18 (2004) requires cities and counties to contact and consult with California
Native American tribes prior to amending or adopting any general plan or specific plan or
designating land as open space. The state’s guidelines recommend that the North
American Heritage Commission provide written information as soon as possible but no
later than 30 days after receiving notice of the project to inform the lead agency and an
additional 90 days for tribes to respond to a local government if it wants to consult with
the local government to determine whether the project would have an adverse impact on
tribal resources.
• San Diego County Regional Airport Authority
The San Diego County Regional Airport Authority is charged with the operation and
oversight of all airports throughout San Diego County by serving as the region’s Airport
Land Use Commission. Part of the authority of this commission is to provide guidance on
compatible land uses around regional airports to local permitting agencies to incorporate
into their land use decisions. This is done through Airport Land Use Commission-adopted
airport land use compatibility plans, which help protect the public against the noise and
risks of airport proximity and establish standards for disclosure of airport proximity and
aircraft overflight to residential properties.
Public Utilities Code Section 21676 requires cities and counties with land use jurisdiction
for areas around airports are required to submit proposed amendments to their general
plans, specific plans and zoning codes to the Airport Land Use Commission to review for
consistency with the airport land use compatibility plan. If the Airport Land Use
Commission determines that the proposed action is inconsistent with the plan, the city
shall be notified within 60 days. After a public hearing, the city may overrule the Airport
Land Use Commission’s determination by a two-thirds vote if the city makes specific
findings. A copy of the draft findings must be sent to the Airport Land Use Commission at
least 45 days prior to a decision for the city to overrule the commission.
• Planning Commission
The Planning Commission acts as an advisory board to the City Council on all planning and
development issues. CMC Section 21.52.050(A)(1) requires the Planning Commission to
review and consider a General Plan amendment or Zoning Code amendment application
and prepare a recommendation for the City Council before the City Council considers
whether to adopt the amendments.
• California Coastal Commission
The California Coastal Commission is a state agency within the California Natural Resources
Agency responsible for administering and enforcing the California Coastal Act and has
quasi-judicial control of land and public access along the state's 1,100 miles of coastline.
The commission is responsible for reviewing and approving any amendments to the city’s
local coastal program prior to the changes being effective within the Coastal Zone.
April 23, 2024 Item #5 Page 7 of 36
The amendments to the Zoning Code must be submitted to the Coastal Commission
following adoption by the City Council. Currently, Local Coastal Program amendments are
taking Coastal Commission staff between 18 to 24 months to process. Once processed and
approved by the Coastal Commission Board, the Local Coastal Program amendments (with
any Coastal Commission Board amendments) are returned to the City Council for final
approval.
However, the McClellan-Palomar Airport is not located within the Coastal Zone, so, the
amendments directly affecting the airport property will become effective 30 days after the
City Council adopts them.
Processing schedule
Below is an estimated schedule to complete the above-referenced amendments and navigate
the different reviewing agencies.
ACTIVITY ESTIMATED DATE
Finalize draft amendments based on City Council comments and legal review May/June 2024
Initiate consultation to tribes June 2024
Send amendments to San Diego County Airport Authority June 2024
Send notice of availability for Local Coastal Program amendment to Coastal
Commission June 2024
Conclude Local Coastal Program amendment comment period (6 weeks or
42 days) July/Aug. 2024
Receive San Diego County Airport Authority feedback (60 days) Aug./Sep. 2024
Conclude tribal consultation (90 days) Sep. 2024
Prepare response to comments and/or revise amendments Oct/Nov. 2024
Prepare public hearing notices and staff report Nov./Dec. 2024
Planning Commission public hearing Jan./Feb. 2025
City Council public hearing Feb./Mar. 2025
Transmittal to Coastal Commission (to seek approval of amendments to
the Local Coastal Program)
Approx 18 to 24
months
April 23, 2024 Item #5 Page 8 of 36
Fiscal Analysis
The amendments would be processed using existing staff resources and existing budget. The
City Attorney and staff recommend using outside legal counsel to help review the amendments
which would, depending on Council direction, cost in the range of $10,000 to $15,000. No
additional funding is required. Appropriate funds were previously appropriated and allocated
for unfunded litigation, and City Attorney services is included in the city’s operating budget.
Next Steps
Planning Division staff will work with the City Attorney’s Office to prepare the aforementioned
documents consistent with City Council direction. The process may utilize and build upon the
previously drafted Zoning Code amendments and will allow for input by Citizens for a Friendly
Airport and other interested parties. Staff will continue processing the amendments in keeping
with the steps and schedule described in this report.
Environmental Evaluation
The request to initiate a General Plan amendment and Zoning Code amendment are statutorily
exempt from the California Environmental Quality Act (CEQA) in accordance with to CEQA
Guidelines Section 15262, Feasibility and Planning Studies, which states that “A Project
involving only feasibility or planning studies for possible future actions which the agency, board,
or commission has not approved, adopted, or funded does not require the preparation of an
EIR of Negative Declaration.”
Because the request involves only the consideration of whether to process an application for an
amendment, and not the amendment itself, action taken by the City Council on this item
provides only general direction and does not have a legally binding effect on any possible future
discretionary action. In accordance with CEQA, all project requests that are defined as a
“project” under CEQA are required to have an environmental assessment to determine
potential environmental impact, if any, prior to taking any action or to carry out the project.
The proposed amendments, if initiated, would be subject to environmental assessment to
determine potential environmental impacts in accordance with CEQA at that time.
Exhibits
1. Resolution of intention
2. Citizens for a Friendly Airport letter, dated Jan. 2, 2024
3. Planning Commission Resolution No. 1699 (on file with the City Clerk’s Office)
4. City Council Resolution No. 2018-182 (on file with the City Clerk’s Office)
5. City Council Resolution No. 2019-060 (on file with the City Clerk’s Office)
6. City Council Resolution No. 2019-178 (on file with the City Clerk’s Office)
7. City Council Resolution No. 2019-179 (on file with the City Clerk’s Office)
8. City Council Resolution No. 2021-208 (on file with the City Clerk’s Office)
9. County of San Diego Board of Supervisors minute order, dated Dec. 8, 2021
April 23, 2024 Item #5 Page 9 of 36
RESOLUTION NO. 2024-086
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING A RESOLUTION OF INTENTION AUTHORIZING THE
PROCESSING OF A GENERAL PLAN AMENDMENT, ZONING CODE
AMENDMENT, AND LOCAL COASTAL PROGRAM AMENDMENT TO SPECIFY
AND CLARIFY CODE REQUIREMENTS AND PERMIT REVIEW PROCEDURES
FOR NEW OR EXPANDED AIRPORT USES OR WHERE THERE IS AN
ACQUISITION OF PROPERTY BEYOND THE BOUNDARIES OF AN AIRPORT
WHEREAS, the City Council of the City of Carlsbad, California has determined that the Carlsbad
General Plan, Zoning Code, and Local Coastal Program requires revisions and amendments; and
WHEREAS, the City Council has determined that it is necessary to
undertake an update to ordinances or policy documents to improve clarity and specify code
requirements for new or expanded airport uses, pursuant to the 1978 Annexation Agreement between
the City and County of San Diego, as detailed in the San Diego Superior Court's ruling in C4FA v. County
of San Diego; and
WHEREAS, in Citizens for a Friendly Airport v. County of San Diego, the court concluded that
"the evidence in the administrative record indicates that the County voluntarily and intentionally
relinquished its immunities with respect to the [McClellan-Palomar] airport." The County of San Diego
did not appeal this decision; and
WHEREAS, pursuant to section 21.52.020 of the Carlsbad Municipal Code, amendments to
General Plan, Zoning Code, or Local Coastal Program may be initiated by a property owner, the City
Planner, the Planning Commission, or the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the City Manager or designee is authorized to begin working on an ordinance or
policy document to address new or expanded airports and return to the City Council to
review and consider the amendments to the General Plan, Zoning Code, and Local
Coastal Program.
Exhibit 1
April 23, 2024 Item #5 Page 10 of 36
PASSED, APPROVED AND ADOP TED at a Regular Meeting of the City Council of the City of
Carlsbad on the 23rd day of April, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, Mayor
SHERR Y FREISINGER, City Clerk
(SEAL)
April 23, 2024 Item #5 Page 11 of 36
Chatten-Brown Law Group, APC
Kathryn Pettit | Associate
325 W. Washington Street, Suite 2193
San Diego, CA 92103
kmp@chattenbrownlawgroup.com
Phone: (619) 393-1440
January 2, 2024
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Re: Proposed Revisions to the City’s Code and General Plan
Dear Councilmembers:
Our firm represents Citizens for a Friendly Airport (C4FA). As you are well aware, in 2019, the
City Council adopted resolutions 2019-178 and 2019-179 to establish the City of Carlsbad’s
position regarding the McClellan-Palomar Airport.
C4FA seeks to work with the City to reintroduce the proposed ordinance that was released for
public review on January 18, 2018 (Exhibit A), and initially approved but not adopted by the
City, along with additional revisions recommended by our office (Exhibit B), for City Council
consideration (together, “Proposed Ordinance”). Additionally, C4FA presents narrowly-tailored
revisions to the City’s General Plan, for the City’s consideration. (Exhibit C, “Proposed General
Plan Amendment”.)
Together, the Proposed Ordinance and Proposed General Plan Amendment would implement the
City Council’s resolutions, absolve any potential inconsistencies in the City Municipal Code, and
memorialize the procedural requirements pursuant to the 1978 Annexation Agreement between
the City and County of San Diego, as detailed in the San Diego Superior Court’s ruling in C4FA
v. County of San Diego.
Our office conducted extensive research into the Proposed Ordinance and Proposed General Plan
Amendment.
In Section I, we first provide a summary of the current requirements under the City’s code. We
then summarize our recommended revisions to the City’s code in Section II, and our
recommended amendment to the General Plan in Section III.
Attachment H
Exhibit 2
April 23, 2024 Item #5 Page 12 of 36
r ~ CHATTEN-BROWN V'~ LAW GROUP
City Council
January 2, 2024
Page 2
I.Current Procedural Requirements
a.Obtainment of a Conditional Use Permit
The Annexation Agreement between the City and County established the City’s zoning and land
use authority over the airport. This includes the requirement that the County must obtain a
conditional use permit (“CUP”) from the City. As the Superior Court recently found:
[T]he County …obtained CUP-172 as a condition of the City of Carlsbad's
annexation of the airport and rezoning of the land for airport use. (citation.)
Notably, the Local Agency Formation Commission stated the following: “In order
to comply with the requirements of the Carlsbad Zoning Ordinance, an appropriate
zoning designation must be placed upon the airport, and a Conditional Use Permit
must be obtained by the County. The City of Carlsbad and the County are in
agreement with this procedure.” (citation.) Thus, the evidence in the administrative
record indicates that the County voluntarily and intentionally relinquished its
immunities with respect to the airport.
(Superior Court Case No. 37-2018-00057624-CU-TT-CTL, January 26, 2021 Ruling.)
The County’s existing CUP-172 states that “permitted uses for Palomar Airport are limited to
those outlined in Table 1 … approval of any uses not specifically listed in Table 1 and/or
expansion of the airport facility shall require an amendment to the Conditional Use Permit.”
(County Resolution 1699 re CUP-172, p.3-5 (1980).) Notably, the CUP-172 specifically omits
runway extensions from uses not requiring discretionary review, indicating that the County must
obtain the City’s approval via the CUP process for any proposed runway extensions.
Thus, a CUP is required for any new or expanded airport uses. We are aware that the County has
not treated “runway extensions” as “expansions.” Therefore, we suggest revising the municipal
code to clarify that the language of “airport expansion” mirrors Public Utilities Code Section
21664.5, to be consistent with the language and intent of CUP-172, as well as state law.
b. City Council Vote
Under our interpretation, the City’s municipal code indicates an intent to require City Council
approval for airport-related CUP requests. Airport uses are designated as “Process 3” throughout
the code, which holds that “[t]he city council shall hear the matter.” (Section 21.42.070.)
However, we identified potential inconsistencies in the code, thus requiring the Proposed
Ordinance to ensure clarity in the process. The Municipal Code provides: “An approved []
conditional use permit may be amended pursuant to the provisions of Section 21.54.125 of this
title. (Section 21.42.110 subd. (E).)
April 23, 2024 Item #5 Page 13 of 36
City Council
January 2, 2024
Page 3
Accordingly, Code Section 21.54.125 provides: “any approved development permit may be
amended by following the same procedure required for the approval of said development permit
(except that if the city council approved the original permit, the planning commission shall have
the authority to act upon the amendment) . . .” (emphasis added.)
While the 1980 CUP-172 Resolution only required approval from the Planning Commission, the
Municipal Code currently requires City Council approval for any airport CUP.
Thus, it is not entirely clear what process is currently required for any CUP amendment, even for
a proposed expansion of airport uses under the existing CUP. We believe this necessitates the
Proposed Ordinance, including the new additions proposed by C4FA.
II. Overview of Proposed Ordinance
The ordinance that was proposed by City staff in 2018 proposed the following changes:
• Amend Zoning Ordinance text and define “airport.”
• Allow an airport with approval of a conditional use permit by the City Council only
within the boundary of McClellan-Palomar Airport proposed on the City’s Zoning Map.
• Prohibit an airport in all other zones and on all other properties within the City.
We reviewed the ordinance, and suggested the additional revisions:
• Amend Zoning Ordinance text to clarify the definition of “airport expansion,” consistent
with state law (Public Utilities Code Section 21664.5)
• Prevent the creation of any inconsistencies regarding the process for an amended CUP.
III. Overview of Proposed General Plan Amendment
We also believe that a General Plan Amendment to clearly set forth the process would bring
great advantages to the public and future elected decisionmakers. While there are costs
associated with updating or amending the municipal code and General Plan, a clear
memorialization of the City’s procedures would prevent any confusion, application of the wrong
process, or use of loopholes several years down the road.
The City’s General Plan already includes the following policy:
Prohibit approval of any zone change, general plan amendment or other legislative
action that authorizes expansion of McClellan-Palomar Airport, unless authorized
to do so by a majority vote of the Carlsbad electorate.
(City of Carlsbad General Plan, Land Use & Community Design Element, 2-45; see also Section
21.53.015, Carlsbad Municipal Code.)
April 23, 2024 Item #5 Page 14 of 36
City Council
January 2, 2024
Page 4
Thus, we believe that the General Plan should be amended to establish the following clear
policies of the City:
• Any airport expansion requires a CUP from the City.
• Expansion will be defined as consistent with the definition in the Public Utilities Code.
• Any CUP request– whether it is for a new CUP or an amendment to a CUP – for airport
expansion requires a City Council vote.
• The City of Carlsbad supports the B-II Enhanced Alternative McClellan Palomar Airport
Master Plan design classification, with no runway extension, and opposes the County
Board of Supervisor’s D-III Modified Standards Compliance Alternative.
We have included our proposed revisions in Exhibit C (revisions in blue text).
IV. Conclusion
Our office has spent considerable time researching the Proposed Ordinance, which is primarily
the product of research conducted by the City’s prior consultant, KK&R. Our firm only had two
minor proposed revisions. The Proposed Ordinance would implement City Council resolutions
2019-178 and 2019-179, and ensure that the correct procedure is clear in the City’s code.
We also thoroughly believe that a narrow General Plan Amendment is needed to memorialize the
City Council’s resolutions to maintain the airport’s current B-II designation without any runway
extension, as well as the required decision-making process that is set out in the City’s code.
Thank you for your time and consideration of C4FA’s proposal. We respectfully request a
meeting with the City staff to further discuss the Proposed Ordinance and General Plan
Amendment, especially to receive the City’s input.
We are available at your earliest convenience. Please do not hesitate to call with any questions.
Sincerely,
Kathryn Pettit
Josh Chatten-Brown
April 23, 2024 Item #5 Page 15 of 36
Exhibit A
April 23, 2024 Item #5 Page 16 of 36
Community & Economic Development
Planning Division
1635 Faraday Avenue Carlsbad, CA 92008 760-602-4600 760-602-8560 fax
PUBLIC NOTICE
TO INTERESTED PARTIES:
Please be advised that the City of Carlsbad is considering text amendments to its Local Coastal Program
(LCP) as summarized below. This LCP amendment is being proposed by the City of Carlsbad and is
currently under review. This notice hereby opens a six-week review period after which the Planning
Commission and City Council will consider all comments and act on the proposed LCP amendment. The
Planning Commission hearing is expected to take place in spring 2019 and will be duly noticed. The City
Council hearing is expected to take place in spring 2019 and will be duly noticed.
Copies of the LCP amendment are available for review at the following locations: (1) Carlsbad Planning
Division, 1635 Faraday Avenue; (2) City Clerk’s Office, 1200 Carlsbad Village Drive; (3) Carlsbad Main
Library, 1775 Dove Lane; (4) Georgina Cole Library, 1250 Carlsbad Village Drive; and (5) the California
Coastal Commission, 7575 Metropolitan Drive, Suite 103, San Diego, CA 92108-4402. The LCP
Amendment is also posted on the city’s website at
http://www.carlsbadca.gov/services/depts/planning/agendas.asp.
PROPOSED LCP AMENDMENT SUMMARY
LCPA 2018-0001 (PUB 2018-0022) – Zoning Code Amendment – Airports
The City’s Zoning Ordinance is the implementing ordinance for the City’s LCP. Accordingly, the LCP
amendment is necessary to ensure consistency between the City’s proposed amended Zoning Ordinance
and its Local Coastal Program. This specific Zoning Code Amendment is as follows:
The proposed amendment would amend Zoning Ordinance text and define “airport,” allow an airport with
approval of a conditional use permit by the City Council only within the boundary of McClellan-Palomar
Airport proposed on the City’s Zoning Map, and prohibit an airport in all other zones and on all other
properties within the City.
Changes proposed to the Zoning Ordinance text are attached. Please note the airport and proposed
boundary around it are outside the Coastal Zone. Further information about McClellan-Palomar Airport
and related City and County actions is available at
http://www.carlsbadca.gov/residents/airportmasterplan.asp.
If you have any questions, please contact Scott Donnell, Senior Planner, in the Planning Division at (760)
602-4681 or scott.donnell@carlsbadca.gov. Written comments should be sent to the Planning Division at
1635 Faraday Avenue, Carlsbad, California 92008.
PUBLISH DATE: January 18, 2018
PUBLISH DATE FOR U-T SAN DIEGO: January 18, 2018
PUBLISH DATE FOR COAST NEWS: January 18, 2018
April 23, 2024 Item #5 Page 17 of 36
{'city of
Carlsbad
1
Proposed text changes to the Carlsbad Municipal Code (Title 21)
Zoning Code Amendment - Airports
ZCA 2018-0001 / ZC2018-0002 / LCPA 2018-0001 (PUB2018-0022)
Amendments to Chapter 21.04 Definitions
Chapter 21.04 (Definitions) is proposed to be amended by adding new Section 21.04.024 to define
“airport” as follows:
21.04.024 Airport
“Airport” means any area of land or water which is used, or intended for use, for the landing and take-off
of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other
airport facilities or rights of way, and all airport buildings and facilities located thereon. Airport safety
areas and zones are included within this definition. This definition shall be used by the City when applying
any requirements of the California Public Utilities Code Section 21661.6.
Amendments to Chapter 21.07 E-A Exclusive Agriculture Zone
Section 21.07.020 Table A (Permitted uses in the E-A, Exclusive Agricultural Zone) is proposed to be
amended by deleting “airports” as follows:
Use P CUP Acc
Airports 3
Amendments to Chapter 21.29 C-T Commercial Tourist Zone
Section 21.29.030 Table A (Permitted uses in the C-T, Commercial Tourist Zone) is proposed to be
amended by deleting “airports” as follows:
Use P CUP Acc
Airports 3
April 23, 2024 Item #5 Page 18 of 36
I I - I I
I I - I I
2
Amendments to Chapter 21.30 C-M Heavy Commercial – Limited Industrial Zone
Section 21.30.010 Table A (Permitted uses in the C-M, Heavy Commercial – Limited Industrial Zone) is
proposed to be amended by deleting “airports” as follows:
Use P CUP Acc
Airports 3
Amendments to Chapter 21.32 M Industrial Zone
Section 21.32.010 Table A (Permitted uses in the M, Industrial Zone) is proposed to be amended by
changing “airports” to “airport” and by adding Note 3 as follows:
Use P CUP Acc
Airports (see note 3 below) 3
Notes:
3.Permitted by issuance of a conditional use permit by the city council and only within
the boundary of McClellan-Palomar Airport as depicted on the zoning map of the city.
Amendments to Chapter 21.34 P-M Planned Industrial Zone
Section 21.34.020 Table A (Permitted uses in the P-M, Planned Industrial Zone) is proposed to be amended
by changing “airports” to “airport” and adding Note 6 as follows:
Use P CUP Acc
Airports (see note 6 below) 3
Notes:
6.Permitted by issuance of a conditional use permit by the city council and only within
the boundary of McClellan-Palomar Airport as depicted on the zoning map of the city.
April 23, 2024 Item #5 Page 19 of 36
I I - I I
I -_ I I I I
I -_ I I I I
Exhibit B
April 23, 2024 Item #5 Page 20 of 36
Additional text changes to the Carlsbad Municipal Code (Title 21)
Zoning Code Amendment - Airports
Amendments to Chapter 21.04 (Definitions)
21.04.140.1 Expansion.
“Expansion” means to enlarge or increase the size of an existing structure or use including the
physical size of the property, building, parking and other improvements. In the context of
airports, “expansion” includes the acquisition of runway protection zones, or of any interest in land for the purpose of any other expansion, construction of a new runway, extension or realignment of an existing runway, or any other expansion of the airport's physical facilities for
the purpose of accomplishing or which are related to these purposes.
Amendments to Chapter 21.32 M Industrial Zone
Section 21.32.010 Table A (Permitted uses in the M, Industrial Zone) is proposed to be amended
by changing “airports” to “airport” and by adding Note 3 as follows:
[No change to Proposed Ordinance’s Table revisions]
Notes:
3. Permitted by issuance of a conditional use permit by the city council and only within the
boundary of McClellan-Palomar Airport as depicted on the zoning map of the city. The approval
of any conditional use permit amendment shall also require a vote by the city council,
notwithstanding any other sections of this code, including Sections 21.42.110 and 21.54.125.
Amendments to Chapter 21.34 P-M Planned Industrial Zone
Section 21.34.020 Table A (Permitted uses in the P-M, Planned Industrial Zone) is proposed to
be amended by changing “airports” to “airport” and adding Note 6 as follows:
[No change to Proposed Ordinance’s Table revisions]
Notes:
6. Permitted by issuance of a conditional use permit by the city council and only within the
boundary of McClellan-Palomar Airport as depicted on the zoning map of the city. The approval
of any conditional use permit amendment shall also require a vote by the city council,
notwithstanding any other sections of this code, including Sections 21.42.110 and 21.54.125.
April 23, 2024 Item #5 Page 21 of 36
Exhibit C
April 23, 2024 Item #5 Page 22 of 36
2-45
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2
General Plan
2-P.39 Prohibit approval of any zone change, general plan amendment or
other legislative action that authorizes expansion of McClellan-Palo-
mar Airport, unless authorized to do so by a majority vote of the
Carlsbad electorate. (Section 21.53.015, Carlsbad Municipal Code.)
2-P.40 Require any proposal for an expansion of airport uses to obtain a conditional use permit pursuant to a City Council vote.
2-P.43 Oppose the Mclellan-Palomar Airport Master Plan D-III Modified Standards
Compliance Alternative design classification. (Resolution No. 2019-178.)
2-P.44 Support the B-11 Enhanced Alternative McClellan-Palomar Airport Master Plan
design classification, with no runway extension. (Resolution No. 2019-179.)
2-P.42 Utilize the State Public Utilities Code definition of airport expansion, which
includes the acquisition of runway protection zones, or of any interest in land
for the purpose of any other expansion, construction of a new runway,
extension or realignment of an existing runway, or any other expansion of the
airport's physical facilities for the purpose of accomplishing or which are
related to these purposes.
2-P.41 Permit expansion only within the current boundary of McClellan-Palomar Airport.
April 23, 2024 Item #5 Page 23 of 36
----------
Exhibit 3
Planning Commission Resolution No. 1699
(on file in the Office of the City Clerk)
April 23, 2024 Item #5 Page 24 of 36
Exhibit 4
City Council Resolution No. 2018-182
(on file in the Office of the City Clerk)
April 23, 2024 Item #5 Page 25 of 36
Exhibit 5
City Council Resolution No. 2019-060
(on file in the Office of the City Clerk)
April 23, 2024 Item #5 Page 26 of 36
Exhibit 6
City Council Resolution No. 2019-178
(on file in the Office of the City Clerk)
April 23, 2024 Item #5 Page 27 of 36
Exhibit 7
City Council Resolution No. 2019-179
(on file in the Office of the City Clerk)
April 23, 2024 Item #5 Page 28 of 36
Exhibit 8
City Council Resolution No. 2021-208
(on file in the Office of the City Clerk)
April 23, 2024 Item #5 Page 29 of 36
DECEMBER 08, 2021 1
COUNTY OF SAN DIEGO BOARD OF SUPERVISORS - LAND USE
WEDNESDAY, DECEMBER 08, 2021
MINUTE ORDER NO. 6
SUBJECT: ADOPT MCCLELLAN-PALOMAR AIRPORT MASTER PLAN UPDATE,
CERTIFY MASTER PLAN ENVIRONMENTAL IMPACT REPORT, AND PROVIDE DIRECTION ON AIRPORT SUSTAINABILITY (DISTRICT: 5)
OVERVIEW McClellan-Palomar Airport (Palomar) is located in the City of Carlsbad and is one of eight airports
owned and operated by the County of San Diego (County), at no cost to the General Fund. Palomar was
constructed on County-owned property, and when it opened in 1959, the surrounding area consisted mainly of agricultural uses. Over the last 60 years, light industrial, commercial, and recreational uses have developed around the airport. The City of Carlsbad annexed the airport in 1978, citing economic benefits including significant tax revenues for the City and increased services for the County. Today, the
airport serves the community and region as a vital air transportation hub, an emergency services facility,
and an economic engine that supports 2,590 local jobs and generates $72 million in tax revenues and $461 million in economic activity annually.
Palomar is a federally funded public-use airport and part of the national air transportation system. The
Federal Aviation Administration (FAA) regulates this system and by federal law, airport owners and
operators, such as the County, cannot restrict the size or type of aircraft landing or taking off from an airport. The FAA provides airports with guidance to safely accommodate the types of aircraft that use an airport, which is the foundation for the safety enhancements identified in the Palomar Master Plan Update (MPU). The FAA generally provides up to 90% grant funding for safety improvements;
however, an approved and current Airport Layout Plan, which is included as part of the Master Plan, is
required to be eligible for funding.
On December 16, 2015 (3), the County Board of Supervisors (Board) directed staff to update the Master Plan for Palomar. The Master Plan is a 20-year planning road map for airport capital improvements that
emphasizes safety. The most recent Master Plan for Palomar, completed in 1997, had reached the end of
its 20-year planning period. On September 25, 2013 (2), the Board considered the findings of a 2013 Feasibility Study, which studied a longer runway. The Board directed staff to focus the MPU on safety improvements for the aircraft currently using the airport while remaining within the existing airport property boundaries.
On October 10, 2018 (1) the Board approved the MPU and certified the Program Environmental Impact Report (PEIR). On November 6, 2018, a petition for Writ of Mandate and complaint was filed by Citizens for a Friendly Airport, challenging the Board’s decision. On January 26, 2021, the Superior Court (Court) filed a Minute Order upholding the Final PEIR analysis and dismissing the claims, except
on two items. While the Court determined the PEIR’s noise analysis was generally adequate, the Court
found the Final PEIR should have included supplemental noise analysis for areas farther from Palomar. In addition, the Court ruled that an amendment to the conditional use permit (CUP) with the City of Carlsbad must be sought if the design status of the airport is changed to accommodate the design critical aircraft.
Attachment G
Exhibit 9
April 23, 2024 Item #5 Page 30 of 36
DECEMBER 08, 2021 2
On March 4, 2021, the Court ordered the County to set aside all approvals associated with the October 10, 2018, decision, which included the approval of the MPU, certification for the Final PEIR, and
related actions, within 60 days. On May 5, 2021 (13), the Board rescinded the MPU and de-certified the
PEIR and related environmental findings pursuant to the Court’s order. The County has now completed the additional noise analysis, as directed by the Court, and updated the PEIR and MPU to address the potential need for an amendment to the CUP. Staff has also developed
options for the Board’s consideration that would demonstrate the County’s leadership in sustainability.
This is a request for the Board to: (1) select the airport design standard for Palomar, including a potential runway extension, which will increase federal grant funding eligibility, and allow the County to pursue safety enhancement projects to protect aircraft currently using Palomar. The Board will select either:
(2A) adopt the MPU and take the actions in Item 3 below relating to the Final PEIR, or (2B) not adopt
the MPU. If Recommendation 2A is selected to adopt the MPU, then, together with its action to adopt the MPU, the Board must (3) certify the associated Final PEIR and supporting documents, which, with the added
noise analysis, is consistent with the direction of the Superior Court.
(4) If the MPU and associated Final PEIR are adopted and certified, provide direction to staff on sustainability options, with staff’s recommendation being to pursue an airport system-wide sustainability plan that will position the County to become a leader in aviation-based sustainability across the region.
If Recommendation 2B is selected to not adopt the MPU, then the Board will direct staff to evaluate other airport classifications; return to the Board for further direction upon evaluation and establish appropriations based on prior year Airport Enterprise Fund (AEF) Balance of $1,100,000.
(5) If the MPU is not adopted, the Board can also direct staff to prepare a new Master Plan for Palomar
Airport and provide direction on the inclusion of a sustainability plan. RECOMMENDATION(S) CHIEF ADMINISTRATIVE OFFICER
See the Background Section of the Board Letter under Airport Design Standards and Attachment H for
additional details on the Airport Master Plan Update options. 1. Select the airport design standard, including a potential runway extension:
Airport Design (Pick One)
Runway Extension (Pick One)
Option A. B-II Enhanced Facility: Current design enhanced with installation of an Engineered Material Arresting System (EMAS), which is like a runaway truck ramp for aircraft AND
1.None
2.200 feet
3.Up to 900 feet
Option B. B-II Enhanced Facility Now and Condition D-III Modified Standards Compliance in the Future: Same as Option A, and adding future D-III design standards conditioned on addressing the Conditional Use
Permit and Runway Protection Zone requirements
1.None
2.200 feet
3.Up to 900 feet
AND
April 23, 2024 Item #5 Page 31 of 36
I I
DECEMBER 08, 2021 3
and returning to the Board to consider D-III design standards and a runway extension option AND
Option C. D-III Modified Standards Compliance: This alternative reconfigures the airport to meet the D-III design standards. It would shift the runway 123 feet to the north to provide the required separation between the runway and taxiway and includes the installation of
EMAS on both ends of the runway AND
1.370 feet
2.800 feet
2. McClellan-Palomar Airport Master Plan Update: Option A. Adopt the McClellan-Palomar Airport Master Plan Update based on the option selected above under Recommendation 1 related to airport design standard, including a potential runway
extension, together with the actions in Item 3 below. OR Option B. Do Not Adopt the McClellan-Palomar Airport Master Plan Update (Attachment H)
and direct staff to evaluate other airport classification options and return to the Board for further direction upon evaluation AND establish appropriations of $1,100,000 in the Airport Enterprise Fund (AEF) Spending Plan to provide funds for the evaluation of other airport classification options based on prior year available AEF fund balance. (4 VOTES)
3. If Recommendation 2A is selected, then certify and adopt the McClellan-Palomar Airport Master Plan Update Environmental Documents together with its action to adopt the MPU: If the Board adopts the McClellan-Palomar Airport Master Plan Update (Attachment H), then certify that the Final Program Environmental Impact Report (PEIR), SCH No. 2016021105
has been completed in compliance with California Environmental Quality Act (CEQA) and CEQA Guidelines, that the Final PEIR was presented to the Board, that the Board reviewed and considered the information contained therein, and that the Final PEIR reflects the independent judgment and analysis of the Board (Attachment B); AND
A. Adopt the Findings Concerning Mitigation of Significant Environmental Effects pursuant to Section 15091 of CEQA Guidelines (Attachment C); AND B. Adopt the Statement of Location and Custodian of Record (Attachment E); AND
C. Adopt the decision and explanation regarding recirculation of draft PEIR (Attachment F); AND D. Adopt the Mitigation Monitoring and Reporting Program prepared in accordance with Section 15097 of CEQA Guidelines (Attachment G).
April 23, 2024 Item #5 Page 32 of 36
DECEMBER 08, 2021 4
4. If Recommendation 2A is selected to Adopt the McClellan-Palomar Airport Master Plan Update, then provide direction on a sustainability plan by selecting one of the following
options:
Option A. Direct staff to prepare a McClellan-Palomar Airport Sustainability Plan OR
Option B. Direct staff to prepare a County Airports System Sustainability Plan with a priority on implementing sustainability measures for McClellan-Palomar Airport [Staff Recommendation]
5. If Recommendation 2B is selected to Not Adopt the McClellan-Palomar Airport Master Plan,
provide direction on the inclusion of a sustainability plan with a new Master Plan: Direct staff to prepare a new Master Plan for McClellan-Palomar Airport with Integrated Sustainability AND establish appropriations of $4,500,000 in the Airport Enterprise Fund
(AEF) Spending Plan to provide funds for development of a Master Plan for
McClellan-Palomar Airport with Integrated Sustainability based on prior year available AEF fund balance. (4 VOTES) EQUITY IMPACT STATEMENT
The eight airports owned and operated by the County of San Diego, Public Works, Airports (County
Airports) provide vital air transportation hubs, emergency response facilities, and economic engines. The County pursues delivery of services at County Airports and actively works to remove barriers, encourage participation, and provide competitive opportunities for small businesses that traditionally have less working capital and business owners and managers that may be socially and economically
underserved, through public outreach and added consideration in our procurement and leasing selection
criteria County Airports connect rural, suburban, and urban communities, businesses, and people by facilitating over 518,000 commercial (using small 30 to 70 passenger aircraft), corporate (up to approximately 20
passengers), government, and private aircraft operations annually. As bases for CalFire, US Forest
Service, Sheriff Aerial Support to Regional Enforcement Agencies, and Mercy Air, County Airports ensure the readiness and rapid response of emergency services for community members, including underserved communities. County Airports are home to over 100 aeronautical and non-aeronautical businesses. Through rents and user fees, County Airports are 100% self-funded, allowing General Fund
revenues to be used for other priorities.
FISCAL IMPACT Funds for this request are included in the Fiscal Year (FY) 2021-22 Operational Plan for the Master Plan Update (MPU). If the current MPU is approved with an accompanying sustainability plan, this request
will result in no change in the Airport Enterprise Fund (AEF) for FY 2021-2022.
If the Board directs staff to not adopt the Palomar Airport Master Plan, evaluate other airport classification options and return to the Board for further guidance upon evaluation (Recommendation 2B) or to prepare a new Master Plan with integrated sustainability (Recommendation 5), this request will
result in costs of up to $4.5 million in consultant services and staff costs for FY 2021-22. The funding
source is the prior year available AEF fund balance. There will be no change in net General Fund cost and no additional staff years.
April 23, 2024 Item #5 Page 33 of 36
DECEMBER 08, 2021 5
The proposed actions will not commit the County to construct any facilities or improvements and will not financially obligate the County. Staff will return to the Board at a future date for approval to
advertise and award construction contracts as projects are fully designed, and for any necessary
appropriations as funding becomes available for implementing the Board’s selected MPU alternative. It is expected the projects will be completed in phases over the 20-year planning period, and staff will seek authorization to apply for federal and State grants in future years.
BUSINESS IMPACT STATEMENT
The Federal Aviation Administration (FAA) identifies Palomar as a National Primary Commercial Service Airport in the National Plan of Integrated Airports System, indicating both its national significance and its eligibility for federal grant funding for airport improvements. The FAA-certified Palomar for air carrier service in 1996, which grants airlines the authority to offer scheduled flights to
the community and the greater San Diego region. The FAA-certified smaller, less-active airports, like
Palomar, to become commercial service airports that offer regional service for 30 to 70 passenger aircrafts, with the focus to make services affordable for the region without compromising safety and operational capabilities. After Palomar was certified for Regional Service, airlines offered flights to Los Angeles and Phoenix using small, 30-passenger aircraft. This Regional Service at Palomar increased to
an annual peak of 78,519 passengers in 2000. Beginning in 2008, airlines began to discontinue the use
of this type of aircraft. The newer regional aircraft cannot operate at Palomar due to its short runway length, and Regional Service ended in 2015. With continued interest of residents and stakeholders, the MPU contemplated future Regional Service at
Palomar. However, there are several factors that limit Regional Service, such as the runway length,
design standards, pavement strength, aircraft parking areas, and passenger terminal capacity. The runway length and design standards are the most critical. Palomar has a single 4,897-foot runway. Within the contiguous United States, there are no airports with runways less than 5,000 feet that have commercial air service.
Regional Service using small, regional, 30 to 70 passenger aircraft could provide additional revenues to the Airport Enterprise Fund (AEF) from commercial landing fees, parking, and fuel flowage; restaurant and rental car concessions; and vehicle parking. Also, the FAA currently allocates $150,000 in Airport Improvement Program Entitlement grant funding to Palomar annually, which would increase to a
minimum of $1 million, if Palomar were to have over 10,000 commercial passengers per year, using
small, passenger aircraft. The FAA also allows commercial service airports to collect a Passenger Facility Charge (PFC) from airlines to help pay for needed capital improvements. PFCs could generate up to $2 million in additional revenue annually.
In addition to more and closer air travel options, Regional Service at Palomar using small, regional, 30
to 70 passenger aircraft also has potential economic benefits to employees, businesses, and municipalities in North County and the region. The McClellan-Palomar Airport Economic Impact Analysis Report determined that, without Regional Service using small, regional, 30 to 70 passenger aircraft, Palomar currently supports 2,590 jobs and generates $461 million in economic activity and $72
million in tax revenue. Without further development, Palomar would support an estimated 3,380 jobs
and generate $596 million in economic activity and $94 million in tax revenues in 2036. The MPU presented today forecasted the ability of the airport to accommodate up to 575,000 passengers annually, on small, regional, 30 to 70 passenger aircraft. In this scenario, Palomar’s economic activity would almost double, with an estimated 6,720 jobs and generate $1.0 billion in annual economic activity and
$160 million in annual tax revenues.
April 23, 2024 Item #5 Page 34 of 36
DECEMBER 08, 2021 6
ACTION: ON MOTION of Supervisor Desmond, seconded by Supervisor Lawson-Remer, the Board of
Supervisors took the following actions:
1. Certified and adopted the McClellan-Palomar Airport Master Plan Update Environmental Documents together with its action to adopt the MPU (Ref. Board Letter Recommendation 3): Certified that the Final Program Environmental Impact Report (PEIR), SCH No. 2016021105 has been completed in compliance with California Environmental Quality Act (CEQA) and CEQA
Guidelines, that the Final PEIR was presented to the Board, that the Board reviewed and considered
the information contained therein, and that the Final PEIR reflects the independent judgment and analysis of the Board; AND A. Adopted the Findings Concerning Mitigation of Significant Environmental Effects pursuant to Section 15091 of CEQA Guidelines (Attachment C); AND
B. Adopted the Statement of Location and Custodian of Record (Attachment E); AND C. Adopted the decision and explanation regarding recirculation of draft PEIR (Attachment F); AND
D. Adopted the Mitigation Monitoring and Reporting Program prepared in accordance with Section 15097 of CEQA Guidelines (Attachment G). 2. Selected the airport design standard, including a potential runway extension (Ref. Board Letter
Recommendation 1):
Option B. B-II Enhanced Facility Now and Condition D-III Modified Standards Compliance in the Future: Same as Option A, and adding future D-III design standards conditioned on addressing the Conditional Use Permit and Runway Protection Zone requirements and returning to the Board to
consider D-III design standards and a runway extension option AND
Runway Extension of 200 feet that allows a variance of up to 10% if needed. 3. Selected the McClellan-Palomar Airport Master Plan Update (Ref. Board Letter Recommendation 2):
Option A. Adopted the McClellan-Palomar Airport Master Plan Update based on the option selected under Board Letter Recommendation 1 related to airport design standard, including a potential runway extension, together with the actions in Item 1 above.
4. Provided direction on a sustainability plan by selecting (Ref. Board Letter Recommendation 4):
Option B. Directed staff to prepare a County Airports System Sustainability Plan with a priority on implementing sustainability measures for McClellan-Palomar Airport
5. Directed the Chief Administrative Officer to submit a letter to the Federal Aviation Administration
(FAA) and work with the local congressional delegation that requests the following: a. Establishment of quiet hours b. If quiet hours are unable to be acquired, establish a fee structure that increases fees for aircraft flying during quite hours
AYES: Vargas, Anderson, Lawson-Remer, Fletcher, Desmond
April 23, 2024 Item #5 Page 35 of 36
DECEMBER 08, 2021 7
State of California)
County of San Diego) §
I hereby certify that the foregoing is a full, true and correct copy of the Original entered in the Minutes
of the Board of Supervisors. ANDREW POTTER Clerk of the Board of Supervisors
Signed by Andrew Potter
April 23, 2024 Item #5 Page 36 of 36
1
Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 9:06 AM
To:City Clerk
Subject:FW: Airport expansion and city control of the airport
From: Cathy Prvanov <cathyprvanov@gmail.com>
Sent: Monday, April 22, 2024 8:49 AM
To: Council Internet Email <council@carlsbadca.gov>
Subject: Fwd: Airport expansion and city control of the airport
City council
I am requesting the following per the CF4A which I believe is helping Carlsbad
citizens navigate difficult issues like the airport expansion and lead issues at the
airport.
Please Approve the Resolution presented with an expedited timeline to complete
the General Plan Amendments and Zoning Updates by the end of this year,
2024.
Include directions to define “Airport Expansion” using the California State legal
definitions in our City Code.
Acknowledge in the Resolution per the Annexation Agreement and Court ruling in
C4FA v. County of San Diego, the County of San Diego, the County of San
Diego voluntarily waived all their immunities regarding land use at McClellan
Palomar Airport.
C4FA has asked the City of Carlsbad to take the steps to ensure that all future
City of Carlsbad staff and Elected Officials retain the local control granted by the
Airport Annexation Agreement
Sincerely
Catherine Prvamov
6575 Windflower Drive
All Receive - Agenda Item #____ For the Information of the: CITY COUNCIL Date: ________ CA____ CC____
CM____ ACM____ DCM (3)____
5
4/22/24 x x
x x x
2
Carlsbad Ca 92011
Sent from my iPhone
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is
safe.
1
Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 9:06 AM
To:City Clerk
Subject:FW: McClellan Palomar Airport land use
From: Beverly Marston <bevmarston7@gmail.com>
Sent: Monday, April 22, 2024 8:45 AM
To: Council Internet Email <council@carlsbadca.gov>
Subject: McClellan Palomar Airport land use
Carlsbad City Council members:
I am writing to urge you to take the following actions based on the Court ruling that the County waived its immunities
regarding Palomar Airport and to ensure the City of Carlsbad retains local control.
Approve the Resolution presented with an expedited timeline to complete the General Plan Amendments and zoning
Updates by the end of this year, 2024.
Also include directions to define "Airport Expansion" using the California State legal definitions in our City Code.
Lastly, acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4F4 v. County of San Diego,
the county of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan
Palomar Airport.
Thank you,
Beverly Marston
2310 Masters Road
Carlsbad, CA. 92008
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Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 8:24 AM
To:City Clerk
Subject:FW: C4FA Requests City of Carlsbad Retain Local Control of Palomar Airport Land Use Matters
From: Liberato Tortorici <ldtortorici@gmail.com>
Sent: Monday, April 22, 2024 8:23 AM
To: Council Internet Email <council@carlsbadca.gov>
Subject: C4FA Requests City of Carlsbad Retain Local Control of Palomar Airport Land Use Matters
C4FA asks the Council to take the following action at the April 23, 2024 City Council Meeting
Approve the Resolution presented with an expedited timeline to complete the General Plan
Amendments and Zoning Updates by the end of this year, 2024.
Include directions to define “Airport Expansion” using the California State legal definitions in
our City Code.
Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v.
County of San Diego, that the County of San Diego voluntarily waived all their immunities
regarding land use at McClellan Palomar Airport.
Thank you,
Liberato Tortorici
6438 La Paloma Street
Carlsbad, CA 92009
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Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 8:02 AM
To:City Clerk
Subject:FW: Airport Meeting on April 23
From: debrivers@aol.com <debrivers@aol.com>
Sent: Sunday, April 21, 2024 6:45 PM
To: Council Internet Email <council@carlsbadca.gov>
Subject: Airport Meeting on April 23
We are so happy you are taking the steps to watch over the airport. Please
Approve the Resolution presented with an expedited timeline to complete the General Plan
Amendments and Zoning Updates by the end of this year, 2024.
Include directions to define “Airport Expansion” using the California State legal definitions in
our City Code.
Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v.
County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all
their immunities regarding land use at McClellan Palomar Airport.
THank you,
Deborah Rivers
6411 Merlin Dr
Carlsbad CA
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Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 8:02 AM
To:City Clerk
Subject:FW: Palomar airport discussion, council meeting April 23.
From: David Baker <dsbaker66@gmail.com>
Sent: Sunday, April 21, 2024 6:51 PM
To: Council Internet Email <council@carlsbadca.gov>
Subject: Palomar airport discussion, council meeting April 23.
Dear Sir/Madam, I understand the City of Carlsbad is prepared to take up McClellan Palomar Airport
land use issues at this Tuesday’s City Council meeting (April 23rd). As a concerned resident of
Carlsbad, and one who would be directly impacted by any changes in the airport I strongly urge the
council to do the following:
Approve the Resolution presented with an expedited timeline to complete the General Plan
Amendments and Zoning Updates by the end of this year, 2024.
Include directions to define “Airport Expansion” using the California State legal definitions in
our City Code.
Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v.
County of San Diego, the County of San Diego, the County of San Diego voluntarily waived
all their immunities regarding land use at McClellan Palomar Airport.
Yours Sincerely,
Dr David S Baker
7205 Aviara Drive,
Carlsbad, CA 92011
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Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 8:02 AM
To:City Clerk
Subject:FW: Tuesday’s City Council meeting
From: Michelle Noel <michelle.noel@me.com>
Sent: Sunday, April 21, 2024 7:03 PM
To: Council Internet Email <council@carlsbadca.gov>
Subject: Tuesday’s City Council meeting
As a native souther Californian living in north county my entire 51 years I am asking the following:
Approve the Resolution presented with an expedited timeline to complete the General Plan
Amendments and Zoning Updates by the end of this year, 2024.
Include directions to define “Airport Expansion” using the California State legal definitions in
our City Code.
Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v.
County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all
their immunities regarding land use at McClellan Palomar Airport.
Thank you!
Michelle Noel
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Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 8:01 AM
To:City Clerk
Subject:FW: Airport Land Use
From: weigleynaz@gmail.com <weigleynaz@gmail.com>
Sent: Sunday, April 21, 2024 7:55 PM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: Airport Land Use
Dear City Council,
Please approve Airport Land Use as follow:
.
Approve the Resolution presented with an expedited timeline to complete the General Plan
Amendments and Zoning Updates by the end of this year, 2024.
Include directions to define “Airport Expansion” using the California State legal definitions in
our City Code.
Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v.
County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all
their immunities regarding land use at McClellan Palomar Airport.
Thank you
Naz Weigley
Calavera Hills Resident
Sent from Mail for Windows
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Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 8:01 AM
To:City Clerk
Subject:FW: Resolution for Palomar Airports
From: Bill Arsenault <billarsenault1@gmail.com>
Sent: Sunday, April 21, 2024 7:59 PM
To: Council Internet Email <council@carlsbadca.gov>
Subject: Resolution for Palomar Airports
Dear Council Members,
Please help protect North County’s quality of life and adopt these resolutions. By doing so we can keep the airport from
over expanding also I emailed the Mayor and the council months ago that we need a departure of 250 degrees not 245
which puts the planes right over our homes.
Thank you,
Bill Arsenault
6412 Merlin Dr
Carlsbad
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Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 8:01 AM
To:City Clerk
Subject:FW: Approve the airport resolution
From: Patrick Mayorga <pmrn88@me.com>
Sent: Sunday, April 21, 2024 8:30 PM
To: Council Internet Email <council@carlsbadca.gov>
Subject: Approve the airport resolution
Deer city
We as voting members of the City of Carlsbad request that the City Council reflects the will of
the voters of this community in enacting the following:
Approve the Resolution presented with an expedited timeline to complete the General Plan
Amendments and Zoning Updates by the end of this year, 2024.
Include directions to define “Airport Expansion” using the California State legal definitions in
our City Code.
Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v.
County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all
their immunities regarding land use at McClellan Palomar Airport.
Thank you ,
Patrick Mayorga
6556 Coneflower Drive.
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Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 8:00 AM
To:City Clerk
Subject:FW: Approve the airport resolution
From: Patrick Mayorga <pmrn88@me.com>
Sent: Sunday, April 21, 2024 8:30 PM
To: Council Internet Email <council@carlsbadca.gov>
Subject: Approve the airport resolution
Deer city Council:
We as voting members of the City of Carlsbad request that the City Council reflects the will of
the voters of this community in enacting the following:
Approve the Resolution presented with an expedited timeline to complete the General Plan
Amendments and Zoning Updates by the end of this year, 2024.
Include directions to define “Airport Expansion” using the California State legal definitions in
our City Code.
Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v.
County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all
their immunities regarding land use at McClellan Palomar Airport.
Thank you ,
Patrick Mayorga
6556 Coneflower Drive.
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Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 8:00 AM
To:City Clerk
Subject:FW: McClellan Palomar Airport land use issues
From: Mehul Patel <mehulp.007@gmail.com>
Sent: Sunday, April 21, 2024 8:40 PM
To: Council Internet Email <council@carlsbadca.gov>
Subject: McClellan Palomar Airport land use issues
Dear Esteemed Members of the City Council,
I reside in Carlsbad, CA and close to the Carlsbad Airport.
Thank you for evaluating the Resolution for consideration regarding the General Plan Amendments
and Zoning Updates, along with the directive to define "Airport Expansion" in alignment with
California State legal definitions within our City Code. I appreciate the diligence and attention to detail
reflected in these proposals.
Regarding the expedited timeline to complete the General Plan Amendments and Zoning Updates by
the end of this year, 2024, I acknowledge the importance of timely action in ensuring the effective
management and development of our city's infrastructure. I am requesting to adhering to this
timeline and will allocate necessary resources and personnel to meet the established deadlines.
Furthermore, in light of the Annexation Agreement and Court ruling in C4FA v. County of San Diego, I
recognize the significance of the County of San Diego voluntarily waiving all their immunities
regarding land use at McClellan Palomar Airport.
As directed, I am requesting to proceed with defining "Airport Expansion" in accordance with the
California State legal definitions within our City Code. This will ensure clarity and consistency in
regulatory frameworks pertaining to airport development and expansion within our jurisdiction. I am
requesting to involve relevant stakeholders and legal experts to ensure accuracy and compliance with
existing legislation.
In conclusion, I am requesting a commitment to advancing these initiatives in a manner that
prioritizes the interests of our community while upholding legal obligations and best practices. I look
forward to working collaboratively with the City Council and other stakeholders to achieve our shared
goals for the sustainable growth and prosperity of our city.
Thank you for your attention to these matters.
2
Sincerely,
Mehul Patel
5109 Steinbeck Court Carlsbad, CA 92008
858-414-2312
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Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 8:00 AM
To:City Clerk
Subject:FW: Maintaining City Control of Palomar Airport Decisions
From: J Cannon <blancofelis@earthlink.net>
Sent: Sunday, April 21, 2024 8:43 PM
To: Council Internet Email <council@carlsbadca.gov>
Subject: Maintaining City Control of Palomar Airport Decisions
Greetings Council and Mayor--
In 1978, when the City of Carlsbad annexed Palomar Airport, the City required final authority on all
things land use at Palomar Airport. Over the years, the County plodded along as though they were
the final decision makers, and sadly, in the past, the City of Carlsbad let them. C4FA sued the
County of San Diego over the County's 2018 plans to expand Palomar Airport, and won.
In the legally binding order, the Court states:
“The County voluntarily waived its immunities” and “the County voluntarily and intentionally
relinquished its immunities with respect to the airport”.
As a long time Carlsbad resident, I ask the Council to:
Approve the Resolution presented with an expedited timeline to complete the General Plan
Amendments and Zoning Updates by the end of this year, 2024.
Include directions to define “Airport Expansion” using the California State legal definitions in
our City Code.
Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v.
County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all
their immunities regarding land use at McClellan Palomar Airport.
Please take the steps to ensure that all future City of Carlsbad staff and Elected Officials retain
the local control granted by the Airport Annexation Agreement.
Respectfully,
Janell Cannon
2
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Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 8:00 AM
To:City Clerk
Subject:FW: Palomar McClellan Airport
From: John Leone <jpleone54@me.com>
Sent: Monday, April 22, 2024 7:55 AM
To: Council Internet Email <council@carlsbadca.gov>
Subject: Palomar McClellan Airport
Dear council members,
This coming Tuesday, April 23rd I will not be able to attend the open council meeting to voice my concern regarding the
future of the Palomar McClellan airport. Please take the appropriate action(s) to insure Carlsbad continues to have the
final say in all issues pertaining to our airport and to limit the influence of our county agencies in determining what will
happen in our city.
Approve the Resolution presented with an expedited timeline to complete the General Plan
Amendments and Zoning Updates by the end of this year, 2024.
Include directions to define “Airport Expansion” using the California State legal definitions in
our City Code.
Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v.
County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all
their immunities regarding land use at McClellan Palomar Airport.
Thank you for your time and consideration. I trust you will continue to make the best decisions for all
residents of our fine city.
Sincerely,
John Leone
1323 Cassins St.
Sent from my iPhone
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Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 7:53 AM
To:City Clerk
Subject:FW: McClellan Palomar Airport Land Use
From: Ted Bonanno <ted.bonanno@gmail.com>
Sent: Sunday, April 21, 2024 9:35 PM
To: Council Internet Email <council@carlsbadca.gov>
Subject: McClellan Palomar Airport Land Use
Dear City Council Members, as a resident of Aviary and someone whose family is negatively
impacted by McClellan Palomar Airport on a daily basis, I urge you to do the following:
Approve the Resolution presented with an expedited timeline to complete the General Plan
Amendments and Zoning Updates by the end of this year, 2024.
Include directions to define “Airport Expansion” using the California State legal definitions in
our City Code.
Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v.
County of San Diego, the County of San Diego, the County of San Diego voluntarily waived
all their immunities regarding land use at McClellan Palomar Airport.
The constant neighborhood overflights at all hours of the day and night do not follow the published
guidance of the airport website and are harming people under the unapproved flight path. The poor
safety records of personally-owned small planes means that we are at risk of a catastrophe on any
given day. Thank you for putting the health and safety of Carlsbad residents ahead of the deceptive
and self-interested representatives of McClellan Palomar Airport.
Sincerely,
Ted Bonanno
Ted A. Bonanno | M +1.858.395.5194 | ted.bonanno@gmail.com | LinkedIn
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Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 7:52 AM
To:City Clerk
Subject:FW: Item 5
From: Mark Lombardo <mjlombardo@aol.com>
Sent: Sunday, April 21, 2024 9:43 PM
To: cityclerk@carlsbadca.gov
Cc: Council Internet Email <council@carlsbadca.gov>
Subject: Item 5
Honorable Mayor and City Council,
Thank you for your leadership on this important matter.
We ask you to please:
Approve the Resolution presented with an expedited timeline
to complete the General Plan Amendments and Zoning
Updates by the end of this year, 2024.
Include directions to define “Airport Expansion” using the
California State legal definitions in our City Code.
Acknowledge in the Resolution per the Annexation
Agreement and Court ruling in C4FA v. County of San Diego,
the County of San Diego, the County of San Diego voluntarily
waived all their immunities regarding land use at McClellan
Palomar Airport
Thank you for your leadership.
Mark Lombardo
7311 Black Swan Place
Carlsbad 92011
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1
Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 7:51 AM
To:City Clerk
Subject:FW: Palomar Airport Council Meeting April 23, 2024
From: Maury De Bont <maurydebont@ymail.com>
Sent: Sunday, April 21, 2024 11:28 PM
To: Council Internet Email <council@carlsbadca.gov>
Cc: c4fa.info@pb07.wixemails.com
Subject: Palomar Airport Council Meeting April 23, 2024
Honorable Carlsbad City Council,
Please:
Approve the Resolution presented with an expedited timeline to complete the General Plan
Amendments and Zoning Updates by the end of this year, 2024.
Include directions to define “Airport Expansion” using the California State legal definitions in
our City Code.
Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v.
County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all
their immunities regarding land use at McClellan Palomar Airport.
Best regards,
Maury De Bont
6394 Topmast Drive
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Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 7:51 AM
To:City Clerk
Subject:FW: Airport Resolution
From: Nichola Riggle <nariggle@gmail.com>
Sent: Monday, April 22, 2024 4:57 AM
To: Council Internet Email <council@carlsbadca.gov>
Subject: Airport Resolution
To whom it may concern:
As a concerned citizen and resident of this city I respectfully request the council to:
Approve the Resolution presented with an expedited timeline to complete the General Plan
Amendments and Zoning Updates by the end of this year, 2024.
Include directions to define “Airport Expansion” using the California State legal definitions in
our City Code.
Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v.
County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all
their immunities regarding land use at McClellan Palomar Airport.
Thank you.
Nichola Riggle 858-705-0782
1242 Plum Tree Road
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1
Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 7:51 AM
To:City Clerk
Subject:FW: PALOMAR AIRPORT
From: Kathleen DeMill <kkdemill@roadrunner.com>
Sent: Monday, April 22, 2024 6:43 AM
To: Council Internet Email <council@carlsbadca.gov>
Subject: PALOMAR AIRPORT
I am requesting the Carlsbad City Council to approve the resolution presented, for Palomar Airport, with an expedited timeline
to complete all General Plan Amendments and Zoning updates by the end of 2024.
Please include all directions to define “Airport Expansion” using the California State legal definitions as outlined in our City
Code.
Also, please acknowledge in the Resolution, per the Annexation Agreement and Curt ruling in C4FA v. County of San Diego, the
County of San Diego voluntarily waived all immunities regarding land use at MClellan Palomar Airport.
Together we can keep this airport within our community guidelines.
Thank you,
Kathleen DeMIll
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Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 7:50 AM
To:City Clerk
Subject:FW: Palomar Airport
From: Katie Alfrey <kalfrey@roadrunner.com>
Sent: Monday, April 22, 2024 7:20 AM
To: Council Internet Email <council@carlsbadca.gov>
Subject: Palomar Airport
Approve the Resolution presented with an expedited timeline to complete the General Plan
Amendments and Zoning Updates by the end of this year, 2024.
Include directions to define “Airport Expansion” using the California State legal definitions in
our City Code.
Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v.
County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all
their immunities regarding land use at McClellan Palomar Airport.
We appreciate your support.
Ken & Katie Alfrey
5155 Don Rodolfo Dr
Carlsbad, CA 92010
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Ana Alarcon
From:Narima Lopes <nmlopes2@yahoo.com>
Sent:Sunday, April 21, 2024 8:03 PM
To:Council Internet Email
Cc:City Clerk
Subject:Comment on Agenda Item #5
Dear Carlsbad City Council Members,
Please approve the Resolution presented with an expedited timeline to complete the General Plan
Amendments and Zoning Updates by the end of this year, 2024.
Include directions to define “Airport Expansion” using the California State legal definitions in our City
Code.
and
Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v. County of
San Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities
regarding land use at McClellan Palomar Airport.
Thank you for considering the residents concerns regarding the airport expansion.
Concerned Carlsbad Resident (92011)
Narima Lopes
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Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 2:44 PM
To:City Clerk
Subject:FW: April 23, 2024 City Council Agenda, Item No. 5 - Palomar Airport Matters
From: gober2c@aol.com <gober2c@aol.com>
Sent: Monday, April 22, 2024 2:41 PM
To: Council Internet Email <council@carlsbadca.gov>
Subject: April 23, 2024 City Council Agenda, Item No. 5 - Palomar Airport Matters
Dear Honorable Council Members:
As long time Carlsbad residents negatively impacted by the noisy daily operations of the McClellan Palomar Airport,
including the airport's lack of considerate compliance with its voluntary noise abatement and noise compliance
agreements, we ask that you please:
1)Approve the Resolution presented in agenda item 5 with an expedited timeline to enable the completion of the General
Plan Amendments and Zoning Updates by the end of the 2024 year,
2) Include related directions to define “Airport Expansion” using the California State legal definitions in our City Code, and
3) Acknowledge in the Resolution (per the Annexation Agreement and Court ruling in C4FA v. County of San Diego) that
the County of San Diego has voluntarily waived all their immunities regarding land use at the McClellan Palomar Airport.
Thank you very much. Sincerely,
Giovanni and Anne Bertussi
Masters Road
Carlsbad, CA
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All Receive - Agenda Item #____ For the Information of the: CITY COUNCIL
Date: ______ CA____ CC____ CM____ ACM____ DCM (3)____
5
4/22/24 x x
x x x
1
Ana Alarcon
From:Kris Wright <kriswrt222@gmail.com>
Sent:Monday, April 22, 2024 2:20 PM
To:City Clerk; Council Internet Email
Subject:Agenda #5, Palomar Airport
Greetings Mayor Blackburn and Councilmembers,
I would like to echo many of the letters written to the council for agenda #5 for the meeting on April 22, 2024
"To request a General Plan Amendment, Zoning Amendment and LCP Amendment for New or Expanded
Airport uses at McClellan-Palomar Airport."
This would include:
1. Approve the Resolution presented with an expedited timeline to complete the General Plan Amendments
and Zoning Updates by the end of this year, 2024.
2. Include directions to define “Airport Expansion” using the California State legal definitions in our City Code
and stated by the CPUC.
3. Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v. County of San
Diego, that the County of San Diego voluntarily waived all their immunities regarding land use at McClellan
Palomar Airport.
It is so important to keep local control for our City and I appreciate the Council if they would vote to accept
this agenda item.
Thanks,
Kris
Carlsbad Resident
--
Kris Wright
kriswrt222@gmail.com
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1
Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 2:16 PM
To:City Clerk
Subject:FW: McClellan Palomar Airport Land Use
-----Original Message-----
From: Marcia Venegas-Garcia <marciav07@gmail.com>
Sent: Monday, April 22, 2024 1:49 PM
To: Council Internet Email <council@carlsbadca.gov>
Subject: McClellan Palomar Airport Land Use
City of Carlsbad Council Members
Upcoming City Council Meeting
Please approve the Resolution presented with an expedited timeline to complete the General Plan Amendments and
Zoning Updates by the end of this year, 2024 that include directions to define "Airport Expansion" using the California
State legal definitions in our City Code. Also acknowledge in the Resolution per the Annexation Agreement and Court
ruling in C4FA v. County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use
at McClellan Palomar Airport.
Marcia Venegas-García
3962 Foothill Ave, Carlsbad 92010
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1
Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 1:31 PM
To:City Clerk
Subject:FW: McClellan Palomar Airport land use (April 23 City Council Mtg.)
From: Cynthia Trevino <cytrevino@resonnect.com>
Sent: Monday, April 22, 2024 1:18 PM
To: Council Internet Email <council@carlsbadca.gov>
Subject: McClellan Palomar Airport land use (April 23 City Council Mtg.)
City Council Members:
When we bought our Carlsbad home in 1998, the then Airport Council was filled with appointees who
did not live in Carlsbad.
When I attended meetings (ca. 1999-2002), the Airport Council appointees displayed thinly-disguised
arrogance for input from me and other homeowners and residents. Clearly, they took action on zero
of our inputs.
Please approve the McClellan Palomar Airport land use action with the below considerations in
mind.
Approve the Resolution presented with an expedited timeline to complete the General Plan
Amendments and Zoning Updates by the end of this year, 2024.
Include directions to define “Airport Expansion” using the California State legal definitions in
our City Code.
Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v.
County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all
their immunities regarding land use at McClellan Palomar Airport.
Thank you,
Cynthia Trevino
Carlsbad Homeowner since 1998
Voter
2
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1
Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 12:26 PM
To:City Clerk
Subject:FW: McClellan Palomar Airport
From: Jack Reynolds <jack_reynolds_mibs@yahoo.com>
Sent: Monday, April 22, 2024 11:11 AM
To: Council Internet Email <council@carlsbadca.gov>
Subject: McClellan Palomar Airport
I understand that Item #5 on the Council's agenda for tomorrow evening, 4/23 concerns the McClellan Palomar
Airport. Please kindly:
Approve the Resolution presented with an expedited timeline to complete the General Plan Amendments
and Zoning Updates by the end of this year, 2024.
Include directions to define “Airport Expansion” using the California State legal definitions in our City
Code.
Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v. County of San
Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding
land use at McClellan Palomar Airport.
Upon reclaiming final authority on all things land use at Palomar Airport, I'd also request that the City of Carlsbad
work to enforce flight paths and quiet hours as well as to ban the use of leaded aviation fuel at the airport.
Sincerely,
Jack Reynolds
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1
Ana Alarcon
From:Mary Real <anewday4me2020@gmail.com>
Sent:Monday, April 22, 2024 12:08 PM
To:Council Internet Email; Kyle Lancaster; Scott Chadwick; Geoff Patnoe; City Clerk; Mary Real; Jason
Haber; Sheilacobian
Subject:Approve Resolution & Zoning updates for Airport per C4FA updates/requests Item #5
If you can make it to City Hall on Tuesday to show your support and encourage the City Council to
approve the action with the changes listed below, C4FA would be very grateful.
If you can’t be there in person, we ask you to please email the Carlsbad City Council
(council@carlsbadca.gov). Please ask the Council to:
Approve the Resolution presented with an expedited timeline to complete the General Plan
Amendments and Zoning Updates by the end of this year, 2024.
Include directions to define “Airport Expansion” using the California State legal definitions in
our City Code.
Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v.
County of San Diego, the County of San Diego, the County of San Diego voluntarily waived
all their immunities regarding land use at McClellan Palomar Airport.
In 1978, when the City of Carlsbad annexed Palomar Airport, the City required final authority on all
things land use at Palomar Airport. Over the years, the County plodded along as though they were
the final decision makers, and sadly, in the past, the City of Carlsbad let them. C4FA sued the
County of San Diego over the County's 2018 plans to expand Palomar Airport. We won. The plans
were rescinded by Court order.
In the legally binding order, the Court states:
“The County voluntarily waived its immunities” and “the County voluntarily and intentionally
relinquished its immunities with respect to the airport”.
The full Court order may be found under CEQA Lawsuit Minute Order 1 at www.c4fa.org/legal-
documents
C4FA has asked the City of Carlsbad to take the steps to ensure that all future City of Carlsbad
staff and Elected Officials retain the local control granted by the Airport Annexation
Agreement.
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1
Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 11:06 AM
To:City Clerk
Subject:FW: Tuesday agenda item #5
From: irene bozir <irenebozir@gmail.com>
Sent: Monday, April 22, 2024 9:47 AM
To: Council Internet Email <council@carlsbadca.gov>
Subject: Tuesday agenda item #5
I respectfully ask city council to:
Approve the Resolution presented with an expedited timeline to complete the General Plan
Amendments and Zoning Updates by the end of this year, 2024.
Include directions to define “Airport Expansion” using the California State legal definitions in
our City Code.
Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v.
County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all
their immunities regarding land use at McClellan Palomar Airport.
Regards, Irene Bozir
Sent from my iPhone
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Ana Alarcon
From:Council Internet Email
Sent:Tuesday, April 23, 2024 8:04 AM
To:City Clerk
Subject:FW: Airport Land Use Matters
From: Marc Weiswasser <marc@casinorecruiter.com>
Sent: Monday, April 22, 2024 7:46 PM
To: Council Internet Email <council@carlsbadca.gov>
Subject: Airport Land Use Matters
Dear Carlsbad City Council,
I would like to express our concern about the Palomar Airport expanding, and at Tuesday’s meeting to please:
• Approve the Resolution presented with an expedited timeline to complete the General Plan Amendments
and Zoning Updates by the end of this year, 2024.
• Include directions to define “Airport Expansion” using the California State legal definitions in our City
Code.
• Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v. County of
San Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities
regarding land use at McClellan Palomar Airport.
During the 7+ years we have lived here the air traffic, both planes and helicopters, has gotten busier and we
hope that the Council will take into consideration that this area is very densely populated and the airport should
not grow any larger.
I am sorry that we could not attend the meeting in person, but due to some medical issues we wanted to convey
our thoughts. Thank you.
Marc & Kerry Weiswasser
7012 San Carlos St.
Carlsbad, CA 92011
702-303-7802
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All Receive - Agenda Item #____ For the Information of the: CITY COUNCIL
Date: ______ CA____ CC____ CM____ ACM____ DCM (3)____
5
4/23/24 x x
x x x
1
Ana Alarcon
From:Council Internet Email
Sent:Tuesday, April 23, 2024 8:03 AM
To:City Clerk
Subject:FW: Palomar Airport
From: Peggy Lalor <lalorpa@gmail.com>
Sent: Monday, April 22, 2024 5:54 PM
To: Council Internet Email <council@carlsbadca.gov>
Cc: Ronald Ingram <rti3392@gmail.com>
Subject: Palomar Airport
Dear Council Members:
As homeowners in Carlsbad (2414 Copper Way)my husband Ron Ingram and I are concerned about the current situation
that exists with Palomar airport. We will not be able to attend the upcoming council meeting but please do the following
at that meeting as we support these actions:
Approve the Resolution
presented with an expedited
timeline to complete the
General Plan Amendments
and Zoning Updates by the
end of this year, 2024.
Include directions to define
“Airport Expansion” using the
California State legal
definitions in our City Code.
Acknowledge in the
Resolution per the
Annexation Agreement and
Court ruling in C4FA v.
County of San Diego, the
County of San Diego, the
County of San Diego
voluntarily waived all their
immunities regarding land
2
use at McClellan Palomar
Airport
Thank you,
Peggy Lalor
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From:Council Internet Email
To:City Clerk
Subject:FW: City Council Meeting 4/23/2024
Date:Monday, April 22, 2024 4:31:47 PM
From: Rob Ehlen <robehlen@outlook.com>
Sent: Monday, April 22, 2024 4:31 PM
To: Council Internet Email <council@carlsbadca.gov>
Subject: City Council Meeting 4/23/2024
Dear Sirs,
I encourage you to incorporate C4FA.Org’s recommendations concerning Palomar Airport.
Thanks, Rob Ehlen
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1
Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 4:20 PM
To:City Clerk
Subject:FW: Airport Land Use Matters
From: Sonck4@roadrunner.com <Sonck4@roadrunner.com>
Sent: Monday, April 22, 2024 4:19 PM
To: Council Internet Email <council@carlsbadca.gov>
Subject: Airport Land Use Matters
Ladies and gentlemen of the Council:
Dear C4FA Supporters, We have some exciting news to share. The City of Carlsbad is prepared to take up McClellan Palomar Airport land use issues at this Tuesday’s City Council meeting (April 23rd @ 5pm, Agenda Item #5 at Carlsbad City Hall). These actions are happening at C4FA’s request,
As a 30 year resident of this fantastic community, I am asking you to help
maintain Carlsbad's sense of safety on the ground AND in the sky
above. Please,
Approve the Resolution presented with an expedited timeline to complete the
General Plan Amendments and Zoning Updates by the end of this year, 2024.
Include directions to define “Airport Expansion” using the California State legal
definitions in our City Code.
Acknowledge in the Resolution per the Annexation Agreement and Court ruling in
C4FA v. County of San Diego, the County of San Diego, the County of San
Diego voluntarily waived all their immunities regarding land use at McClellan
Palomar Airport.
In 1978, when the City of Carlsbad annexed Palomar Airport, the City required final
authority on all things land use at Palomar Airport. Over the years, the County plodded
2
along as though they were the final decision makers, and sadly, in the past, the City of
Carlsbad let them. C4FA sued the County of San Diego over the County's 2018 plans
to expand Palomar Airport. We won. The plans were rescinded by Court order.
In the legally binding order, the Court states:
“The County voluntarily waived its immunities” and “the County voluntarily and
intentionally relinquished its immunities with respect to the airport”.
Respectfully,
Donald D. Sonck
6482 Torreyanna Circle
Carlsbad, CA 92011
Mobile: 760.330.0525
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1
Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 4:13 PM
To:City Clerk
Subject:FW: Carlsbad City Council to Take Up Airport Land Use Matters
From: areysbergen@juno.com <areysbergen@juno.com>
Sent: Monday, April 22, 2024 4:07 PM
To: Council Internet Email <council@carlsbadca.gov>
Subject: Carlsbad City Council to Take Up Airport Land Use Matters
AS A RESIDENT AND PROPERTY OWNER IN CARLSBAD .... PLEASE...
Approve the Resolution presented with an expedited timeline to complete the General Plan Amendments and
Zoning Updates by the end of this year, 2024.
Include directions to define “Airport Expansion†using the California State legal definitions in our City
Code.
Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v. County of San Diego,
the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at
McClellan Palomar Airport.
Thank You..
Alice Reysbergen
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1
Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 4:08 PM
To:City Clerk
Subject:FW: CARLSBAD CITY COUNCIL to Take Up Airport Land Use Matters
From: areysbergen@juno.com <areysbergen@juno.com>
Sent: Monday, April 22, 2024 3:59 PM
To: Council Internet Email <council@carlsbadca.gov>
Subject: CARLSBAD CITY COUNCIL to Take Up Airport Land Use Matters
As a Resident and Property Owner in Carlsbad -- PLEASE ...
Approve the Resolution presented with an expedited timeline to complete the General
Plan Amendments and Zoning Updates by the end of this year, 2024.
Include directions to define Airport Expansion using the California State legal definitions
in our City Code.
Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA
v. County of San Diego, the County of San Diego, the County of San Diego voluntarily
waived all their immunities regarding land use at McClellan Palomar Airport.
Thank You...
Alice Reysbergen
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is
safe.
1
Ana Alarcon
From:Council Internet Email
Sent:Monday, April 22, 2024 4:08 PM
To:City Clerk
Subject:FW: Carlsbad City Council to Take Up Airport Land Use Matters
From: Alice Reysbergen <areysbergen@juno.com>
Sent: Monday, April 22, 2024 3:47 PM
To: Council Internet Email <council@carlsbadca.gov>
Subject: Carlsbad City Council to Take Up Airport Land Use Matters
As a Resident and Property Owner in Carlsbad -- PLEASE ...
Approve the Resolution presented with an expedited timeline to complete the General Plan
Amendments and Zoning Updates by the end of this year, 2024.
Include directions to define Airport Expansion using the California State legal definitions in our
City Code.
Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v.
County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all
their immunities regarding land use at McClellan Palomar Airport.
Thank You...
Alice Reysbergen
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is
safe.
From:Council Internet Email
To:City Clerk
Subject:FW: Airport
Date:Monday, April 22, 2024 4:07:22 PM
Attachments:PastedGraphic-4.png
From: Gail Carroll <justmailgail@gmail.com>
Sent: Monday, April 22, 2024 3:38 PM
To: Council Internet Email <council@carlsbadca.gov>
Subject: Airport
PLEASE!!!
Approve the Resolution presented with an expedited timeline to complete the
General Plan Amendments and Zoning Updates by the end of this year, 2024.
Include directions to define “Airport Expansion” using the California State legal
definitions in our City Code.
Acknowledge in the Resolution per the Annexation Agreement and Court
ruling in C4FA v. County of San Diego, the County of San Diego, the County of
San Diego voluntarily waived all their immunities regarding land use at
McClellan Palomar Airport.
In 1978, when the City of Carlsbad annexed Palomar Airport, the City required final
authority on all things land use at Palomar Airport. Over the years, the County
plodded along as though they were the final decision makers, and sadly, in the past,
the City of Carlsbad let them. C4FA sued the County of San Diego over the County's
2018 plans to expand Palomar Airport. We won. The plans were rescinded by Court
order.
In the legally binding order, the Court states:
“The County voluntarily waived its immunities” and “the County voluntarily and
intentionally relinquished its immunities with respect to the airport”.
With a Grateful Heart
•
•
•
SeaCoast Realty, Part of PRSIProfessional Realty Services IntlDRE# 01458201Fine Lake & Coastal Homes… Outrageous Service!C. 760.419.8311 Be kind, Be Polite...
Be the person you want to meet if you need a little help!
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1
Ana Alarcon
From:Howard Krausz <hkrauszmd@gmail.com>
Sent:Monday, April 22, 2024 3:08 PM
To:Council Internet Email
Cc:City Clerk
Subject:Agenda item #5 at City Council Meeting 4/23/2024
Honorable Mayor, City Council and City Attorney,
I am a longtime Carlsbad resident writing to request that the council takes the following actions:
Approve the Resolution presented with an expedited timeline to complete the General Plan
Amendments and Zoning Updates by the end of this year, 2024.
Include directions to define “Airport Expansion” in our City Code using the California State
legal definitions.
Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v.
County of San Diego, that the County of San Diego voluntarily waived all their immunities
regarding land use at McClellan Palomar Airport.
These actions will help ensure that Carlsbad asserts its rightful controls over Palomar
Airport.
Howard Krausz, MD
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1
Ana Alarcon
From:Faviola Medina
Sent:Tuesday, April 23, 2024 2:15 PM
To:City Clerk
Subject:FW: City Council Meeting 04-23-2024 Agenda Item #5
From: Robin Nuschy <Robin.Nuschy@carlsbadca.gov> On Behalf Of City Attorney
Sent: Tuesday, April 23, 2024 2:03 PM
To: DEPT City Clerk <DEPT_City_Clerk@CarlsbadCA.gov>
Subject: FW: City Council Meeting 04-23-2024 Agenda Item #5
From: Hope Nelson <hopefromthehood@gmail.com>
Sent: Tuesday, April 23, 2024 10:00 AM
To: Keith Blackburn <keith.blackburn@carlsbadca.gov>; Priya Bhat-Patel <priya.bhat-patel@carlsbadca.gov>; Melanie
Burkholder <melanie.burkholder@carlsbadca.gov>; Carolyn Luna <carolyn.luna@carlsbadca.gov>; Teresa Acosta
<teresa.acosta@carlsbadca.gov>; Scott Chadwick <scott.chadwick@carlsbadca.gov>; City Attorney
<attorney@carlsbadca.gov>; Mike Strong <mike.strong@carlsbadca.gov>; Jason Haber <jason.haber@carlsbadca.gov>
Cc: Vickey Syage <vickey.syage@gmail.com>
Subject: City Council Meeting 04-23-2024 Agenda Item #5
To all,
Citizens for a Friendly Airport is excited about tonight's City Council Agenda Item #5. We are
happy to see the progress made. We also believe that Staff has done a thorough job in their Staff
Report and the documentation, and we anticipate a productive conversation at the Council
Meeting.
Below are comments we have in reference to the Staff Report. We anticipate our comments will
be seen as intended, in the interest of our mutual efforts and mutual understanding to achieve
our mutual goal.
1.On page 4 of 36 of the Staff Report, part of the 1st paragraph, there is detail of the
Citizens for a Friendly Airport lawsuit, Jan 26, 2022 Superior Court Order. Two parts of
the decision are noted, but the third, perhaps most important detail is “Two, the county
waived its immunities. It obtained CUP-172 as a condition of the City of Carlsbad’s
annexation of the airport and rezoning of the land for airport use. (Petitioner’s Notic of
Lodgment of Omitted Administrative Record Items (LOARI), Exhs. 4, 5.) Notably, the
Local Agency Formation Commission stated the following: “In order to comply with the
requirements of the Carlsbad Zoning Ordinance, an appropriate zoning designation must
be placed upon the airport, and a Conditional use Permit must be obtained by the County.
The City of Carlsbad and the County are in agreement with this procedure.” (Emphasis
added) (LOARI Exh. 5, p. 19.) Thus, the evidence in the administrative record indicates
All Receive - Agenda Item #____ For the Information of the: CITY COUNCIL
Date: ______ CA____ CC____ CM____ ACM____ DCM (3)____
5
4/23/24 x x
xxx
2
that the County voluntarily and intentionally relinquished its immunities with respect to
the airport.
Even though this is not an "actionable" item, we believe this should be noted in any
reference to the Court’s decision.
2. We are concerned about the timeline to bring this back for City Council’s final
approval. We appreciate the time everyone has taken to learn and understand all the
moving parts of this project.
Citizens for a Friendly Airport has been actively involved in this with the City of
Carlsbad since a Nov 2017 meeting between the City of Carlsbad, San Diego County, and
C4FA. Both City and County attorneys were in attendance. City Council has knowledge
and experience with the Airport, having exposure to the County McClellan-Palomar
Airport Master Plan, as well as a lengthy effort to get to this current agenda item. It
seems that now is finally the time to get this done for our community. We hope an
expedited goal to introduce a City Council public hearing before the close of 2024 can be
considered.
Many thanks to all for hearing Citizens for a Friendly Airport
over the years. We appreciate the attention to our cause and
the effort that has gone into the Staff Report for tonight's
meeting.
Sincerely,
Hope Nelson for C4FA
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1
Ana Alarcon
From:Council Internet Email
Sent:Tuesday, April 23, 2024 11:23 AM
To:City Clerk
Subject:FW: Carlsbad retaining local control
-----Original Message-----
From: DAVID COY <davidcoymusic@aol.com>
Sent: Tuesday, April 23, 2024 10:59 AM
To: Council Internet Email <council@carlsbadca.gov>
Subject: Carlsbad retaining local control
Hello.
Please approve the Resolution presented with an expedited timeline to complete the General Plan Amendments and
Zoning updates by the end of this year, 2024.
Please include directions to define “Airport Expansion” using the California State legal definitions in our City Code.
Please acknowledge the Resolution per the Annexation Agreement and Court ruling in C4FA v. County of San Diego. The
County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.
Thank you, from a resident in the flight path for eleven years!
David Coy
Sent from my iPad
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1
Ana Alarcon
From:Council Internet Email
Sent:Tuesday, April 23, 2024 11:23 AM
To:City Clerk
Subject:FW: Palomar Airport Resolution
From: Cinda Kemper <cindakemper@gmail.com>
Sent: Tuesday, April 23, 2024 10:27 AM
To: Council Internet Email <council@carlsbadca.gov>
Subject: Palomar Airport Resolution
I am writing to request that the Carlsbad City Council approve the Palomar Airport resolution on tonight's meeting
agenda, with an expedited timeline to complete the General Plan Amendments and Zoning Updates by the end of 2024.
Please include directions to define "airport expansion" using the California State legal definitions in our city code. And
please acknowledge in the resolution per the Annexation Agreement and Court ruling in C4FA v. County of San Diego,
the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at
McClellan Palomar Airport.
Thank you!
-Cinda Kemper
Carlsbad, CA 92011
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Request to initiate a GPA / ZCA / LCPA
for new or expanded airports
Mike Strong, Asst. Director of Comm. Dev.
April 23, 2024
1
Agenda Item No. 5
{city of
Carlsbad
BACKGROUND
•City received a letter from C4FA to re-initiate code
amendments regarding new or expanded airports
•City Council received the request in Feb.
•Directed staff to return with an analysis and steps to
implement the proposal
•Authorization to move forward with the amendments
requires a resolution of intent
2
Agenda Item No. 5
{city of
Carlsbad
AIRPORT HISTORY
•Airport opened in 1959
•Airport was annexed into the city
in 1978
•Annexation required a CUP
•County obtained a CUP from
Carlsbad in 1980
•County needs to amend CUP to
change intensity of airport’s
design
3
Agenda Item No. 5
AIRPORT MASTER PLAN UPDATE (AMPU)
•County initiated an Airport Master Plan Update in 2014
•The current ARC for the Airport is a B-II code which
represents a mid-sized business jet
•Intent was to pursue extending the existing runway
•County seeking to change ARC to C-III or D-III category
aircraft
4
Agenda Item No. 5
{city of
Carlsbad
AMPU PROCESS CONT’D
•City initiated a ZCA to only allow airport uses within the
existing Airport boundaries
•Airport Master Plan Update adopted in 2018
•Two lawsuits filed
•ZCA work discontinued after settlement agreement with
County
•C4FA lawsuit prevailed and decision rescinded
5
Agenda Item No. 5
{city of
Carlsbad
MORE RECENT AMPU ACTIVITY
•Still seeking to expand runway and change classification
to ARC D-III
- County recently adopted a Master Plan Update
- County needs to amend the ALUCP
- Airport needs to amend the Airport’s State
Permit
- County needs to amend the City CUP before
moving forward with implementing projects
6
Agenda Item No. 5
{city of
Carlsbad
REQUEST TO INITIATE CODE AMENDMENTS
•Request is to re-start code amendment process
- Add definition for “airport”
- Prohibits airport uses in all zones except the existing
boundary
•Request incorporates additional changes
- Add definition for “airport expansion”
- CUP amendment to require City Council
approval
7
Agenda Item No. 5
{city of
Carlsbad
Agenda Item No. 5
TIMELINE
April/May
Finalize draft
amendments
May/June
Notice agencies
and initiate
consultation Oct.
Conclude consultation
and respond to
comments
Sept./Oct.
Receive agency
comments Early 2025
PC/CC hearings
8
Nov./Dec.
Prepare staff reports
{city of
Carlsbad
Agenda Item No. 5
TIMELINE
April/May
Finalize draft
amendments
May/June
Notice agencies
and initiate
consultation Oct.
Conclude consultation
and respond to
comments
Sept./Oct.
Receive agency
comments Early 2025
PC/CC hearings
9
Nov./Dec.
Prepare staff report
{city of
Carlsbad
RECOMMENDATION
•Authorize the processing of the code amendments
10
Agenda Item No. 5
{city of
Carlsbad
RESOLUTION - RECITAL LANGUAGE
•Add the following text as a new recital to the resolution
(to be placed after the second recital):
WHEREAS, in Citizens for a Friendly Airport v. County of San
Diego, the court concluded that “the evidence in the
administrative record indicates that the County voluntarily
and intentionally relinquished its immunities with respect
to the [McClellan-Palomar] airport.” The County of San
Diego did not appeal this decision; and
17
Agenda Item No. 5
{city of
Carlsbad