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HomeMy WebLinkAboutCT 02-14; Bressi Ranch Residential; Tentative Map (CT) (37)SAN DIEGO AREA AVIATION COUNCIL 2006 Palomar Airport Road, Suite 214 AGUACALENTE Carlsbad, CA 92008 JACUMBA BORREGO VALLEY _ . . ,-,,n\ ^m a™/-, MONTGOMERY FIELDTelephone (760) 431-8200 BROWNFIELD Facsimile (760) 431-1244 OCEANSIDE FALLBROOK OCOTILLO Ronald J. Cozad, Co-Founder & General Counsel FRENCH VALLEY cozodtow@sbcgfobot.nef MCCLELLAN-PALOMAR GILLESPIE FIELD RAMONA MAY 10,2004 Hon. Claude A. Lewis CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Bressi Ranch Residential Development in CRQ Overflight Zone Presentation of Petition Signatures Request for Inclusion in Permanent Public Record Dear Mayor Lewis: The San Diego Area Aviation Council ("SDAAC") promotes the proper use of land near airports to achieve harmonious relations between airport users and residents through responsible zoning and building controls. The SDAAC is composed of members from airport organizations from each San Diego area public airport, including McClellan-Palomar, French Valley, Borrego Valley, Fallbrook, Agua Caliente, Jacumba, Ocotillo, Montgomery Field, Oceanside, Ramona, Brown and Gillespie Fields. Each member is nominated by airport volunteer groups and has extensive knowledge of airport land use principles and works in coordination with the umbrella organization. The SDAAC draws from the expertise and knowledge of the Federal Aviation Administration and California Department of Transportation, as well as from each member organization, the California Pilots Association and the Aircraft Owners and Pilots Association. The SDAAC is a resource to Southern California government, the press, residents, pilots, non-pilots, local Commissions and Committees. In year 2004 the SDAAC's top issues include the inappropriate adherence by municipalities to outdated and ineffective Comprehensive Land Use Plans (CLUPs), zoning contrary to accepted guidelines and the irresponsible placement of homes in high-risk aircraft operation zones and in noise sensitive areas near airports. The SDAAC has grave concerns about the wisdom of approving new residential development at Bressi Ranch - all within one mile from McClellan-Palomar Airport and directly beneath arrival and departure pathways. McClellan-Palomar Airport is one of the busiest single runway airports in the United States and purchasers of the homes would be subjected to significant noise from hundreds of propeller, jet and rotorcraft approaches, departures and full power run-ups at the airport each day and night. Even worse, the planned housing tracts are directly below areas known for high-risk aviation activities and normally considered inappropriate for homes, meeting areas and schools. In addition, the 1994 CRQ Comprehensive Land Use Plan (CLUP) is out of date and contains an obvious and fatal flaw. Somehow, the boundary lines of the "Airport Influence Area" were "gerrymandered" from accepted standards to exclude the residential """>w Page 2 portions of Bressi Ranch from regulatory review by the San Diego County Regional Airport Authority. Without the Airport Authority's oversight, there is no one other than the City of Carlsbad to assure reasonable and compatible development. Unfortunately, the City has supported the development and is on the eve of allowing nearly 500 residences, parks and a school to be built in noisy and high risk locations. Development should have been reviewed by the Regional Airport Authority and restricted to low density commercial, but it was not. Proposed "disclosures" are insufficient. Purchasers are told they are in an airport "noise impact area," but not told their homes lie directly beneath an active airway. Likewise, they are not told of the unusual regulatory anomaly created by the tortured and outdated CLUP. All that the City has done is to protect itself from the inevitable lawsuits by requiring the developer to defend and indemnify the City when it is sued by the future homeowners for "airport operations." The SDAAC believes the City of Carlsbad has an obligation to go beyond merely insulating itself from litigation and is morally bound to protect its future residences by carefully re-thinking the residential development at Bressi Ranch. At the very minimum, the City should prepare explicit and clear 1) notices and disclosures advising the extent and nature of the threats posed by the placement of their homes, and, 2) secure avigation and overflight easements covering every home. On behalf of the SDAAC, airport users and future residents, I propose that you personally ask the City Counsel and the Planning Department to fulfill this responsibility and to make this request part of the City's permanent public record. If you and the City are willing to pursue these concerns, the SDAAC will assist in any way it can. Sincerely,f?V>S Ronald J. Cozad Enclosure:ncosure: A petition was circulated at Palomar airport as a matter of importance to the aviation community. Attached are signatures from concerned airport users requesting your involvement. Copies: CARLSBAD CITY COUNCIL: R. FINNILA, M. HALL, A. KULCHIN, M. PACKARD. CARLSBAD CITY ATTORNEY. CARLSBAD CITY CLERK. CARLSBAD PLANNING COMMISSION: M. WHITE, F. WHITTON, J. BAKER, B. DOMIKGUEZ, C. HE/NEMAN, M. MONTGOMERY, J. SEGALL. PALOMAR AIRPORT ADVISORY COMMITTEE: R. FINNILA, T. RIOCOTTA, B. BRADFORD, ./. CHRWENSEN, C. COLLINS, R. FUSELIER, T. HUTTER, H. LYTTLETON, G. REYES, H. WILLIAMS, B. GATES. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY: T. BOWENS, R. INZLINZA, T. JOHNSON, P. NIETO, P. PETERSON, T. REYNOLDS, M. SESSOM, AUTHORITY CLERK. SAN DIEGO COUNTY BOARD OF SUPERVISORS, DISTRICT 5 SUPERVISOR: B. Horn. MCCLELLAN-PALOMAR AIRPORT: P. DRINKWATER, F. BEST. SAN DIEGO UNION TRIBUNE. NORTH COUNTY TIMES.