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HomeMy WebLinkAbout2024-08-01; McClellan-Palomar Airport Update (Districts - All); Haber, JasonCouncil Memo -McClell an-Palomar Airport Update (Districts -All) August 1, 2024 Page 2 Prior to approving any code amendments, the city must refer the proposed land use actions to different agencies and provide for a public review period. 1. The city must refer the proposed code amendments to the region's Airport Land Use Commission (ALUC) for a determination of consistency with the Airport Land Use Compatibility Plan (ALUCP). The city submitted an application to the ALUC on May 20, 2024. As of this writing, city staff are still awaiting comments from the ALUC (see Section 2, below). Per state law, the ALUC must take final action on the city's request by August 16, 2024, or the request will automatically be deemed approved. 2. The city must also refer the proposed land use actions to California Native American tribes. The city submitted notification letters to 32 local tribes on May 20, 2024. Two tribes responded and requested consultation. As of this writing, both tribal consultation requests remain open and active. 3. Prior to approving any code amendments, the city must also refer the proposed land use actions to regional and state agencies and provide notice of availability to the public. Notices were sent to regional and state agencies, including the County of San Diego, on May 20, 2024. A Public Notice of Availability of proposed Local Coastal Program Amendments (LCPA) was issued, which opened a six -week public review period that ran from May 21, 2024, through July 8, 2024. During the public review period, the County of San Diego's Land Use and Environmental Group and Department of Public Works both responded and submitted public comment. The city also received comments from C4FA. Once all public comments are received, staff will work through issues, responses, and develop options on how best to move forward with the code amendments. It is anticipated that this process will take a couple of months. City staff continues to meet every two weeks with C4FA representatives and staff has indicated that it is a priority to complete the work program and target hearing dates before the Planning Commission and City Council by t he end of the year. 2. San Diego County Regional Airport Authority: Airport Land Use Commission -July 11, 2024 The San Diego County Regional Airport Authority (Authority) is an independent agency charged with managing the day-to-day operations of San Diego International Airport (SAN) and addressing the region's long-term air transportation needs. The Authority has three main responsibilities: • Operate San Diego International Airport; • Plan for the future air t ransportation needs of the region; and • Serve as the region's Airport Land Use Commission -and ensure the adoption of land use plans that protect public health and safety surrounding all 16 of the county's airports. Council Memo -McClellan-Palomar Airport Update (Districts -All) August 1, 2024 Page 3 As mentioned above, on May 20, 2024, the city submitted the draft amendments to the ALUC for an ALUCP consistency determination. On June 18, 2024, ALUC staff issued the attached letter (Attachment A) indicating that the proposed changes were found to be "consistent with the McClellan-Palomar Airport ALUCP." The letter further stated that "the [consistency determination would] be reported to the ALUC to confirm [ ... ] at its public meeting on July 11, 2024. The determination of consistency will be final as of that meeting, unless the ALUC finds cause to delay such action, in which case a determination will be rendered within 60 days of the date of this letter[ ... ]." On July 11, 2024, the McClellan-Palomar Airport ALUCP Consistency Determination was pulled from the ALUC Consent Agenda for discussion. After a motion to approve failed due to lack of a second, a motion to continue the item to a date prior to August 16, 2024, that is convenient to a quorum of the Airport Land Use Commission carried by a vote of 7-1. At this time, the ALUC has not scheduled the item to be re-heard. Should the ALUC fail to act on the item prior to August 16, 2024, the consistency determination will be deemed approved. Regardless of the ALU C's next steps, city staff remain optimistic that the necessary review and approvals by the city and other reviewing agencies can be secured for transmittal to the California Coastal Commission prior to the end of 2024. 3. San Diego County Palomar Airport Advisory Committee: American Airlines -July 18, 2024 The San Diego County Palomar Airport Advisory Committee (PAAC) advises the San Diego County Board of Supervisors and the County Chief Administrative Officer on matters related to McClellan-Palomar Airport. Item 10 on the Committee's July 18, 2024, agenda was to consider an "American Airlines Lease Agreement." Proposed lease terms: -Two-year term: Feb. 2025 -Feb. 2027 -Lease premises: 260 sf office and 50 sf ticket counter and kiosk area -Use of passenger terminal, parking facilities and aircraft ramp space American Airlines is expected to offer two flights per day from Carlsbad to Phoenix, AZ, utilizing a 76-seat Embraer 175 aircraft. Flights are anticipated to depart Carlsbad at 6:15 a.m. (during the San Diego County's recommended (11 p.m. to 7 a.m.) voluntary quiet hours for jet aircraft) and at an evening time to be determined. The San Diego County staff-recommended motion was that: "Palomar Airport Advisory Committee recommends that the County Board of Supervisors approve the proposed lease with American Airlines;" however, after discussion and public comment the item was continued to the Committee's next meeting on September 19, 2024. Council Memo -McClellan-Palomar Airport Updat e (Districts -All) August 1, 2024 Page 4 Regardless of the Committee's ultimate recommendation regarding the lease, San Diego County staff indicated the matter would be presented to the County Board of Supervisors at a future meeting to: 1. Approve the proposed lease; 2. Amend or rescind County Board Policy F-44, or exempt the American Airlines operations from the policy, which states: "Scheduled commuter airline operations are limited to aircraft having 70 seats and meeting the approach speed and wingspan categories for McClellan-Palomar Airport in accordance with FAA regulations;" and 3. Accept the CEQA determination. Also of note, Carlsbad representative to the PAAC, Shirley Anderson, was elected to serve as Vice Chair of the Committee at this meeting. 4. Efforts to Initiate a FAA Community Roundtable To reduce aircraft noise impacts, the City Council, on February 13, 2024, directed staff to work with San Diego County to request a FAA community roundtable to resolve differences between the San Diego County's VNAP-recommended flight procedures and FAA flight control practices. On March 27, 2024, the city requested that San Diego County "submit a proposal to the FAA to convene a community roundtable aimed at addressing the growing community concerns surrounding aircraft operations at McClellan-Palomar Airport in Carlsbad." On April 23, 2024, city staff received confirmation that San Diego County would attempt to facilitate the city's request through Senators Butler and Padilla and Congressman Levin. San Diego County Economic Development and Government Affairs department staff have been leading the San Diego County effort. During a recent update to city staff, San Diego County shared the following regarding next steps: 1. FAA representatives have confirmed that the decision and logistics of establishing a community roundtable are entirely up to the county/airport operator. 2. Upon organizing and scheduling a community roundtable meeting(s), the organization may invite an FAA representative(s) to participate. 3. As discussed in the attached community roundtable information sheet (Attachment B), "the FAA[ ... ] may participate in roundtables [ ... ] to offer technical and subject matter expertise on operational questions." 4. A roundtable may then elect to make formal recommendations to the FAA. "The FAA looks to roundtables to make recommendations, ideally in coordination with the Council Memo -McClellan-Palomar Airport Update (Districts -All) August 1, 2024 Page 5 airport, because they have some recognition of the airspace operation and the impact on the potentially affected communities." 5. The FAA takes these recommendations and raises them to the applicable FAA organization, as a formal recommendation, following discussion and proper vetting. 6. After the FAA receives a formal recommendation for a change to a flight procedure or a change to airspace operations, the FAA will determine if the recommendation is feasible. 7. The information sheet describes the feasibility criteria and processes required to complete an amendment, noting that these types of changes are likely to take several years to implement. Next Steps Staff will remain engaged throughout the next steps on each of these items and will provide future updates to City Council. Attachments: A. ALUC Consistency Determination Letter -July 18, 2024 B. FAA Community Roundtable Information Sheet cc: Geoff Patnoe, Assistant City Manager Cindie McMahon, City Attorney SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY Attachment A June 18, 2024 Mr. Mike Strong City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Re: Airport Land Use Commission Consistency Determination -Amendments to General Plan and Zoning Ordinance Governing Expansion of Airport Uses Related to McClellan-Palomar Airport, City of Carlsbad Dear Mr. Strong: As the Airport Land Use Commission (ALUC) for San Diego County, the San Diego County Regional Airport Authority (SDCRAA) acknowledges receipt of an application for a determination of consistency for the project described above. The area covered by this project lies within the Airport Influence Area (AIA) for the McClellan-Palomar Airport - Airport Land Use Compatibility Plan (ALUCP). ALUC staff has reviewed your application and accompanying materials and has determined that it meets our requirements for completeness. In accordance with SDCRAA Policy 8.30 and applicable provisions of the State Aeronautics Act {Cal. Pub. Util. Code §21670-21679.5), ALUC staff will report to the ALUC that the proposed project is consistent with the McClellan-Palomar Airport ALUCP based upon the facts and findings summarized below: (1) The project involves amendments to the City of Carlsbad General Plan and Zoning Ordinance to specify and clarify policy objectives, code requirements, and permit review procedures for new and expanded airport land uses on and around the property of McClellan-Palomar Airport. a) General plan amendments propose the following: i. Specify as a policy statement City opposition to any changes to the McClellan-Palomar Airport Master Plan that would increase the wingspan or approach speed for the airfield or that would accommodate larger aircraft than are currently in use at the airport such that the Federal Aviation Administration (FAA) airport design classification would require revision to anything other than a B-II Enhanced Alternative; and ii. Specify definitions for "airport" and "airport expansion" congruent respectively with the State Aeronautics Act definition of "airport" (Cal. Pub. Util. Code §21013) and the standards of the Aeronautics Act which, if exceeded, would require an amended Airport Permit from Caltrans Division of Aeronautics (Cal. Pub. Util. Code §21661.6); and iii. Require new or expanded "airport" uses to obtain a new or amended conditional use permit; and PO Box 82776 San Diego, CA 92138-2776 www.san.org/aluc AIRPORT LAND USE COMMISSION SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY iv. Permit "airport" uses only within the current boundary of McClellan- Palomar Airport. b) Zoning ordinance amendments propose the following: i. Permit "airport" uses only by issuance of a new or amended conditional use permit; and ii. Amend the zoning on properties adjacent to McClellan-Palomar Airport to remove "airport" as permissible uses, such that only the property within the current boundary of McClellan-Palomar Airport as depicted in the city zoning map would remain as permissible for "airport" uses. (2) The ALUC does not exercise jurisdiction over operations of any airport, and its statutory role and duty is to advise local agencies on the consistency of proposed projects within the AIA of an adopted ALUCP (Cal. Pub. Util. Code §21674). (3) The proposed project does not involve any actual development and, thus, would not establish any use which would be incompatible within any ALUCP noise contours. (4) The proposed project does not involve any actual development and, thus, would not establish any use which would be incompatible within any ALUCP airspace protection surfaces. (5) The proposed project does not involve any actual development and, thus, would not establish any use which would be incompatible within any ALUCP safety zones. (6) The proposed project does not involve any actual development and, thus, would not establish any use which would be incompatible within the ALUCP overflight notification area. (7) Therefore, the proposed project is consistent with the McClellan-Palomar Airport ALUCP. (8) A determination of consistency is not a "project" as defined by the California Environmental Quality Act (CEQA), Cal. Pub. Res. Code §21065, and is not a "development" as defined by the California Coastal Act, Cal. Pub. Res. Code §30106. The information above will be reported to the ALUC to confirm this letter at its public meeting on July 11, 2024. The determination of consistency will be final as of that meeting, unless the ALUC finds cause to delay such action, in which case a determination will be rendered within 60 days of the date of this letter, to be confirmed by additional correspondence. Any determination of consistency rendered by the ALUC is limited to the project plans and descriptions submitted with the application and is not transferable to any revision of this or any similar, future project involving a change in land use, in building or crane height, or in AIRPORT LAND USE COMMISSION