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HomeMy WebLinkAboutGPA 10-02; Airport Land Use Compatibility; General Plan Amendment (GPA)CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Develooment Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) 1 1 Administrative Permit 0General Plan Amendment cm /O-09 n Coastal Development Pemiit (*) O Minor 1 1 Local Coastal Program Amendment (*) n Conditional Use Pennit (*) O Minor O Extension 1 1 Master Plan 1 1 Amendment 1 1 Environmental Impact Assessment |~~1 Specific Plan d Amendment 1 1 Habitat Management Permrt O Minor 1 1 Zone Change (*) 1 1 Hillside Development Pennit (*) 1 1 Zone Code Amendment 1 1 Planned Development Permrt O Residential O Non-Residential 1 1 Planned Industrial Permrt List other aoolications not soecified 1 1 Planning Commission Detennination • 1 1 Site Development Plan • r~l Special Use Pennit • 1 1 Tentative Tract Map (*) = eligible for 25% discount 1 1 Variance CH Administrative NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILEO, MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: PROJECT NAME: fi^^^c>f2^ L-A/OI? iA.Sg e^oMJV4rrtRii-t-T-Y "pL-ArrJ (^A>-U.cJP^ Cjc>hiStST^^K:Y BRIEF DESCRIPTION OF PROJECT: ^ C> -Trt^ g-^TY% ^r^i^g-Al- Ct^t-^^rJ yrO-Tt^ BRIEF LEGAL DESCRIPTION: l^/A LOCATION OF PROJECT: ON THE: M BETWEEN (NORTH, SO NJ/A. BTHT EAST. WEST) SIDE OF AND (NAME OF STREET) STREET ADDRESS ^J/T^ (NAME OF STREET) (NAME OF STREET) p-1 Page 1 of 5 Revised 01/10 OWNER NAME (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: APPLICANT NAME (Print): ^^-^^ ^ g^^U3BAD MAILING ADDRESS: ,4^^^ (^<^\^X:?AV <4V^. CITY, STATE, ZIP: c.^\^:S>'S>f^-^,C/K 'eK2-<gOg> TELEPHONE. f-7u>ci^ ,Zni2-' *-i(^cM EMAIL ADDRESS: pAvvp. X:)gCog.pe> I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE SIGNATURE M HTC ' ll JO DATE APPLICANTS REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. l/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HiS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY RECEIVED JUL 0 5 2010 CITYOFCARLSBAD PUNNING DEPT DATE STAMP APPLICATION RECEIVED RECEIVED BY: p-1 Page 2 of 5 Revised 01/10 iftest J. Dronenburg, JiO COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 San Diego, CA 92101-2480 Tel. (619) 236-3771 * Fax (619) 557-4056 www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 P.O. Box 121750 * San Diego, CA 92112-1750 Tel. (619)237-0502 * Fax (619)557-4155 Transaction #: 268753620120329 Deputy: HAYUYAO Location: COUNTY ADMINISTRATION BUILDING 29-Mar-2012 15:25 CITYOFCARLSBAD APR 04 2012 PLANNINGDEPARTMENT FEES: 50.00 Qty of 1 Fish and Game Filing Fee for Ref# 20120265 50.00 TOTAL DUE PAYMENTS: 50.00 Check 50.00 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS Tax Bill Address Changes Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate Fictitious Business Names (DBAs) Marriage Licenses and Ceremonies Assessor Parcel Maps Property Ownership Property Records Property Values Docimient Recordings SERVICES AVAILABLE ON-LINE AT www.sdarcc.com * Forms and Apphcations * Frequently Asked Questions (FAQs) * Grantor/ Grantee Index * Fictitious Business Names Index (DBAs) * Property Sales * On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents state of California—The Resources Agency DEPARTMENT OF FISH AND GAME 2012 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARK RECEIPT* SD2012 0265 STATE CLEARING HOUSE # (ifapplicable) LEAD AGENCY CITY OF CARLSBAD DATE 03/29/2012 COUNTY/STATEAGENCY OF FILING SAN DIEGO DOCUMENTNUMBER *20120265* PROJECTTITLE GPA 10-02 AIRPORT LAND USE COMPATIBILITY PROJECTAPPLICANT NAME CITY OF CARLSBAD PHONENUMBER 760/602-4645 PROJECT APPLICANT ADDRESS 1635 FARADAY AVE CITY CARLSBAD STATE CA ZIPCODE 92008 PROJECT APPLICANT (Check appropriate box): El Local Public Agency • School District • Other Special District • State Agency • Private Entity CHECK APPLICABLE FEES: Q Environmental Impact Report Q Negative Declaration • Application Fee Water Diversion (Sfafe Water Resources Control Board Only) • Projects Subject to Certified Regulatory Programs Q County Administrative Fee Q Project that is exempt from fees • Notice of Exemption • DFG No Effect Determination (Form Attached) • Other PAYMENT METHOD: • Cash • Credit • Check • Other 227619 $2,919.00 $2,101.50 $850.00 $992.50 $50.00 $50.00 TOTAL RECEIVED $50.00 SIGNATURE X H. Ayuyao TIUE Deputy ORIGINAL - PROJECT APPLICANT COPY-DFG/ASB COPY-LEAD AGENCY COPY - COUNTY CLERK FG 753.5a (Rev. 7/08) State of California—The Resources Agency DEPARTMENTOF FISH AND GAME 2012 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARK RECEIPT* SD2012 0265 STATE CLEARING HOUSE *f;fafl[>/fca6/e; LEADAGENCY CITYOFCARLSBAD DATE 03/29/2012 COUNTY/STATEAGENCY OF FILING SAN DIEGO DOCUMENTNUMBER *20120265* PROJECTTITLE GPA 10-02 AIRPORT LAND USE COMPATIBILITY PROJECTAPPLICANT N/\ME CITYOFCARLSBAD PHONENUMBER 760/602-4645 PROJECT APPLICANTADDRESS 1635 FARADAY AVE CITY CARLSBAD STATE CA ZIPCODE 92008 PROJECTAPPLICANT (Check appropriate box): El Local Public Agency Q School District • Other Special District • State Agency • Private Entity CHECK APPLICABLE FEES: Q Environmental Impact Report Q Negative Declaration • Application Fee Water Diversion (Sfafe Water Resources Control Board Only) • Projects Subject to Certified Regulatory Programs El County Administrative Fee Q Project that is exempt from fees El Notice of Exempfion • DFG No Effect Determination (Form Attached) • Other PAYMENT METHOD: • Cash • Credit El Check • Other 227619 $2,919.00 $2,101.50 $850.00 $992.50 $50.00 $50.00 TOTALRECEIVED $ $50.00 SIGNATURE X H. Ayuyao TITLE Deputy llllllllllllll ORIGINAL - PROJECT APPLICANT COPY-DFG/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG 753.5a (Rev 7A38) NOTICE OF EXEMPTION To: SD County Clerk From: CITYOFCARLSBAD Attn: Linda Kesian Planning Division Mail Stop A-33 1635 Faraday Avenue 1600 Pacific Highway Carlsbad CA 92008 San Diego CA 92101 Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (Califomia Environmental Quality Act). Project Number and Title: GPA 10-02 Airport Land Use Compatibilitv Project Location - Specific: Citvwide Project Location - City: Carlsbad Project Location - County; SanDiego Description of Project: This proposal consists of: (1) amendments to the text and maps of the General Plan Land Use. Circulation. Noise and Public Safety Elements: and 2) amendments to the text, figures and tables of the City of Carlsbad Noise Guidelines Manual. The purpose of the proposed amendments is to incorporate by reference the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) adopted by the San Diego County Airport Land Use Commission (ALUC) into Carlsbad's General Plan and make other minor modifications to ensure that the General Plan and Noise Guidelines Manual are consistent with the ALUCP. Name of Public Agency Approving Project; Citv of Carlsbad 1? D [L E [fi) fcniesi i Dronenbuis- Jr.. Reconjer Count) CTsrk Name of Person or Agency Carrying Out Project: Corey Funk Name of Applicant: Citv of Carlsbad MAR 2 9 2012 Applicant's Address: 1635 Faradav Ave.. Carlsbad. CA 92008 Applicant's Telephone Number; 760-602-4645 Exempt Status: {Check One) • Ministerial (Section 21080(b)(1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); ^ Categorical Exemption - State type and section number: 15061(b)(3) "General Rule" • Statutory Exemptions - State code number: • General rule (Section 15061 (b)(3)) Reasons why project is exempt: The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(b)(3). which exempts projects "where it can be seen with certainty that there is no possibility that the activitv in question mav have a significant effect on the environment." In January 25. 2010. the ALUC adopted a Negative Declaration for the ALUCP and found that there was no substantial evidence that the Compatibility Plan for the McClellan-Palomar Airport would have a significant "effect on the environment. The Citv of Carlsbad's action, through GPA 10-02. is to incorporate bv reference the adopted ALUCP into its General Plan and make other minor modifications to ensure that the General Plan and Noise Guidelines Manual are consistent with the ALUCP. The citv's action does not enact the regulations established by the ALUCP. as these have Revised 06/10 . V4 FILED m THE OFFICE OF THE COUNTY CLERK .t^ntogn^irivAn MAR 2 9 2012 H. Ayuyao been in effect since the document was adopted by the ALUC. By making Carlsbad's General Plan consistent with the ALUCP. certain enforcement authorities are transferred to the city from the ALUC. but the subject regulations are not changed. Therefore, as the regulations of the ALUCP are alreadv in effect, and the ALUC found the adoption of the ALUCP would not have a significant effect on the environment, it can be seen with certaintv that amendments to make the General Plan and Noise Guidelines Manual consistent with the existing ALUCP will not result in a significant effect on the environment. " Lead Agency Contact Person; Don Neu Telephone: (760) 602-4600 DON NEU, City Planner Date Date received for filing at OPR: Revised 06/10 VENDOR NO. V001844 CITY OF CARLSBAD 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2430 CHECKNO. 227619 Invoica Date Invoice*: Department Reference # Project* Deecrtption Itwolcs Amount Paid 01/18/12 084655 0013210 7555 NOE FILING FEE GPA 10-02 50.00 Total; 50.00 DETACH BEFORE DEPOSITING NOTICE OF EXEMPTION FILE To: SD County Clerk From: CITYOFCARLSBAD Attn: Linda Kesian Planning Division Mail Stop A-33 1635 Faraday Avenue 1600 Pacific Highway Carlsbad CA 92008 San Diego CA 92101 Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (Califomia Environmental Quality Act). Project Number and Title: GPA 10-02 Airport Land Use Compatibilitv Project Location - Specific; Citvwide Project Location - City: Carlsbad Project Location - County; SanDiego Description of Project: This proposal consists of: (I) amendments to the text and maps of the General Plan Land Use. Circulation. Noise and Public Safetv Elements: and 2) amendments to the text, figures and tables of the City of Carlsbad Noise Guidelines Manual. The purpose of the proposed amendments is to incorporate by reference the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) adopted by the San Diego County Airport Land Use Commission (ALUC) into Carlsbad's General Plan and make other minor modifications to ensure that the General Plan and Noise Guidelines Manual are consistent with the ALUCP. Name of Public Agency Approving Project; Citv of Carlsbad Name of Person or Agency Carrying Out Proiect; Corey Funk Name of Applicant: CityofCarlsbad Applicant's Address: 1635 Faraday Ave.. Carlsbad. CA 92008 Applicant's Telephone Number; 760-602-4645 Exempt Status: (Check One) • Ministerial (Section 21080(b)(1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); ^ Categorical Exemption - State type and section number: 15061(b)(3) "General Rule" • Statutory Exemptions - State code number: • General rule (Section 15 061 (b)(3)) Reasons why project is exempt: The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(b)(3). which exempts projects "where it can be seen with certainty that there is no possibility that the activitv in question may have a significant effect on the environment." In January 25. 2010. the ALUC adopted a Negative Declaration for the ALUCP and found that there was no substantial evidence that the Compatibility Plan for the McClellan-Palomar Airport would have a significant effect on the environment. The City of Carlsbad's action, through GPA 10-02. is to incorporate by reference the adopted ALUCP into its General Plan and make other minor modifications to ensure that the General Plan and Noise Guidelines Manual are consistent with the ALUCP. The citv's action does not enact the regulations established by the ALUCP. as these have Revised 06/10 been in effect since the document was adopted by the ALUC. By making Carlsbad's General Plan consistent with the ALUCP. certain enforcement authorities are transferred to the city from the ALUC. but the subiect regulations are not changed. Therefore, as the regulations of the ALUCP are already in effect, and the ALUC found the adoption of the ALUCP would not have a significant effect on the environment, it can be seen with certainty that amendments to make the General Plan and Noise Guidelines Manual consistent with thc existing ALUCP will not result in a significant effect on the environment. ^ Lead Agency Contact Person; Don Neu Telephone: (760) 602-4600 DON NEU, City Planner Date Date received for filing at OPR: Revised 06/10 SENDER: COMPLETE TH/S SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2^md 3. Also complete item 4 If Restricted Delivery Is desired. . • Print your name and address on the reverse f so that we can retum the card to you. • Attach this card to the back of the mailpiece, or on the front If space permits. A Signature /•'V^v "v^/j l/jJ 5 • Agent i/^^dA.^ /H^'X^ • Addressee • Complete items 1, 2^md 3. Also complete item 4 If Restricted Delivery Is desired. . • Print your name and address on the reverse f so that we can retum the card to you. • Attach this card to the back of the mailpiece, or on the front If space permits. Br^ecelved by (Pppte&thme) ^^l^^jOftfelivery 1. Article Addressed to: California Coastal Commissicn Attn: Toni Ross Suite 103 D. Is delivery address different from item 1 ?( • Yas If YES, enter delivery address below: • No 7575 Metropolitan Drive San Diego, CA 92108-4402 3. Service Type ^^^BCQertifled Mail • Express Mall • Registered ^iStJetum Receipt for Merchandise • Insured Mall • C.O.D. 7575 Metropolitan Drive San Diego, CA 92108-4402 4. Restricted Delivery? (Extra Fee) • Yes 2. "ps 102595-02-M-1540 This space is for the County Clerk's Filing Stamp PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eic years and not a party to or interested in the i entitled matter. I am the principal clerk of the i of North County Tim Formerly known as the Blade-Citizen and The " Advocate and which newspapers have adjudicated newspapers of general circulation I Superior Court of the County of San Diego, St California, for the City of Oceanside and the ( Escondido, Court Decree number 171349, f( County of San Diego, that the notice of whic annexed is a printed copy (set in type not smalle nonpariel), has been published in each regule entire issue of said newspaper and not ii supplement thereof on the following dates, to-wi1 December 23'", 2011 I certify (or declare) under penalty of perjury th foregoing is true and correct. Proof of Publication of PLANNING COMMISSION PUBUC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the Planning Commission of the City of Carlsbad w\\\ hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, January 4, 2012, to consider the follo»/ing: GPA 10-02 - AIRPORT LAND USE COMPATIBILITY - A request for a recommendation of approval for a General Plan Amendment and an amendment to the City of Carlsbad Noise Guidelines Manual to ensure their consistency with the McClelland-Palomar Airport Land Use Compatibility Plan (as amended March 4, 2010). The project is exempt from the California Environmental Quality Act. If you challenge these projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. Copies of the environmental documents are available at the Planning Division at 1635 Faraday Avenue during regular business hours from 7:30 am to 5:30 pm Monday through Thursday and 8:00 am to 5:00 pm Friday. Those persons wishing to speak on these proposals are cordially invited to attend the public hearing. Copies of the staff reports will be available online at http:// carlsbad.granicus.com/ViewPublisher.php9vlew id=6 on or after the Friday prior to the hearing date. If you have any questions, please call the Planning Division at (760) 602-4600. CITY OF CARLSBAD PLANNING DIVISION Dated at Escondido, California On this 23"^, day er 2011 Jane Allshouse NORTH COUNTY TIMES Legal Advertising The Coast News Decreed A Legal Newspaper by the Superior Court of San Diego County. Mail all correspondence regarding public notice advertising to The Coast News, P.O. Box 232550, Encinitas, CA 92023 (760) 436-9737 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; 1 am over the age of eighteen years, and not a party to or interested in the above entitled matter. 1 am principal clerk of the printer of The Coast News, a newspaper printed and published weekly and which news- paper has been adjudged a newspaper of general circulation for the cities of Del Mar, Solana Beach, Encinitas/Cardiff, Carlsbad, Oceanside, San Marcos/Vista and the County Judicial District by the Superior Court of the State of California, County of San Diego (8/4/94, #677114, B2393, P396); and that the notice, of which the annexed is a print- ed copy, has been published in, each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: ^ ^. -- _ OilYV..,.,'.D; DEC 20 2011 PL/\^'f^'!NG UfcHART'-': December 23. 2011 1 certify under penalty of perjury that the foregoing is true and correct. Executed at Encinitas, County of San Diego, State of Califomia on this 26th day of December 2011. Clerk (/f the Printer Space above for Counly Clerk's Filing Stamp CITY OF CARLSBAD .PLANNING COMMISSION PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, January 4, 2012. to consider the following: GPA 10-02 - AIRPORT LAND USE COMPATIBILITY - A request for a recommendation of approval for a General Plan Amendment and an amendment to the City of Carlsbad Noise Guidelines Manual to ensure their consistency with the McClellan-Palomar Airport Land Use Compatibility Plan (as amended March 4, 2010). The project is exempt from the California Environmental Quality Act. If you challenge these projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspon- dence delivered to the City of Carlsbad at or prior to the public hearing. Copies of the environmental documents are available at the Planning Division at 1635 Faraday Avenue during regular busi- ness hours from 7:30 am to 5:30 pm Monday through Thursday and 8:00 am to 5:00 pm Friday Those persons wishing to speak on these proposals are cor- dially invited to attend the public hearing! Copies of the staff reports will be available online at http://carisbad.aranicus.comA/iewPublisherpho7view id=6 on or after the Friday prior to the hearing date. If you have any questions, please call the Planning Division at (760) 602-4600. 12/23/11 CN 12724 to •=o tr 1 • IO <• O un TU ru • • U.S. Postal Service™ CERTIFIED MAIL,, RECEIPT « •4DomestH Mail Only; No Insurance Coverage Pt^, vided) For delivery information visit our website at www.usps.com® n F r p c 1 ^ L IJ s F, Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) $ Postmark Here KH^>^/ CF Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Postmark Here KH^>^/ CF Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Postmark Here KH^>^/ CF Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Postmark Here KH^>^/ CF Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Postmark Here KH^>^/ CF Total Posta Sfreef, Apt. t\ orPOBoxNi City, State, Z California Coastal Commission Attn: Toni Ross Suite 103 7575 IVletropolitan Drive San Diego, CA 92108-4402 PS Form 3800. August 2006 ee Reverse for Instructions FILE COPY ^•5r|> CITY OF yo?.^/.// CARLSBAD Community & Economic Development www.carlsbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of tlie City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, January 4, 2012, to consider a request for the foilowing: CASE NAME: GPA 10-02 - Airport Land Use Compatibility PUBLISH DATE: December 23, 2011 DESCRIPTION: A request for a recommendation of approval for a General Plan Amendment and an amendment to the City of Carlsbad Noise Guidelines IVianual to ensure their consistency with the IVlcClellan-Palomar Airport Land Use Compatibility Plan (as amended March 4, 2010). Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://carlsbad.granicus.com/ViewPubiisher.php7view id=6 on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Corey Funk in the Planning Division at (760) 602-4645, IVlonday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to tiie City of Carlsbad at or prior to tiie public hearing. • Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. CITY OF CARLSBAD PLANNING DiVISION Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® 09t8/nP|.gg,AjaAV OSAB aiqijBduioo uiui IQ X UIIU gg jBiuioj ap ajianbitg 11.8/091.S®^3AV MJjM 8iq|iBdiuoo „8/9 3 x „ t azjs laqej CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SANDIEGO CA 92182-4505 STATE OF CALIFORNIA DEPT OF FISH AND GAME 3883 RUFFIN ROAD SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STE B 5201 RUFFIN RD SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CA COASTAL COMMISSION ATTN TONI ROSS STE 103 7575 METROPOLITAN DR SANDIEGO CA 92108-4402 PETER DRINKWATER, DIRECTOR SD COUNTY, DEPT. OF PUBLIC WORKS AIRPORTS 1960 JOE CROSSON DR. EL CAJON, CA 92020 AIRPORT LAND USE COMMISSION SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SANDIEGO CA 92138-2776 A riotice lias been maiied to all property owners/occupants listed herein. Date: /^ol.// iilgnature: /jv Tr 11^ f label size 1" x 2 5/8" compatible witii Avery®5160/8160 NOTICE O PUBLIC HEARING - CITY OF C ^^LSBAD p Public Hearing Date: Jan. 4. 2012 Public Hearing Place: 1200 CARLSBAD VILLAGE DRIVE. CARLSBAD. CALIFORNIA. 92008 Public Hearing Time: 6:00 p.m. Response must be received by: Dec. 21. 2011 Project Title: Airport Land Use Compatibilitv Lead Agency: CITY QF CARLSBAD - PLANNING Contact Person Street Address: 1635 FARADAY AVENUE Phone: (7601602-4645 City: CARLSBAD Zip: 92008 Corey Funk County: SAN DIEGO COUNTY PROJECT LOCATION: County: SAN DIEGO COUNTY City/Nearest Community: CITY OF CARLSBAD Cross Streets: n/a Total Acres: n/a n/a Assessor's Parcel No. Within 2 Miles: State Hwy #: Airports: McCLELLAN/PALOMAR Section: n/a Twp. n/a Range: n/a Base: n/a n/a Waterways: n/a _ Railways: n/a Schools: n/a ENVIRONMENTAL DOCUMENT: CEQA: • • • • NOP Early Cons Neg Dec Draft EIR I I Supplement/Subsequent • EIR (Prior SCH No.) IE! Other: Exempt per CEQA Sec. 1506Ub)(3) "General Rule" LOCAL ACTION TYPE: •General Plan Update • ^General Plan Amendment Q [HGeneral Plan Element Q EDZone Code Amendment Q Specific Plan Master Plan Planned Unit Development Site Plan I I Rezone n Use Permit I I Land Division (Subdivision, Parcel Map, Tract Map, etc.) I I Annexation r~l Redevelopment I I Coastal Permit • Other: DEVELOPMENT TYPE: dlResidential; Units •office: Sq. Ft. •commercial: Sq.Ft. •industrial: Sq. Ft. •Recreational: Acres. Acres. Acres. Acres PROJECT ISSUES DISCUSSED IN DOCUMENT: •Aesthetic/Visual • Flood Plain/Flooding • Schools/Universities • Water Quality •Agricultural Land • Forest Land/Fire Hazard • Septic Systems • Water Supply/Ground Water •Air Quality • Geological/Seismic • Sewer Capacity • Wetland/Riparian •Archaeological/Historical • Minerals • Soil Erosion/Compaction/Grading • Wildlife •Coastal Zone • Noise • Solid Waste • Growth Inducing •Drainage/Absorption • Population/Housing Balance • Toxic/Hazardous • Land Use •Economic/Jobs • Public Services/Facilities • Traffic/Circulation • Cumulative Effect •Fiscal • Recreation/Parlcs • Vegetation • Other: Present Land Use/Zoning/General Plan Use Various - project applies to all properties within the Airport Influence Area as described within the McClellan-Palomar Airport Land Use Compatibility Plan (adopted Jan. 25, 2010, amended Mar. 4, 2010). Project Description: This proposal consists of: (1) amendments to the text and maps of the General Plan Land Use, Circulation, Noise and Public Safety Elements; and 2) amendments to the text, figures and tables of the City of Carlsbad Noise Guidelines Manual. The purpose of the proposed amendments is to incorporate by reference the McClellan-Palomar Airport Land Use Compatibility Plan (Compatibility Plan) adopted by the San Diego County Airport Land Use Commission into Carlsbad's General Plan and make other minor modifications to ensure that the General Plan and Noise Guidelines Manual are consistent with the Compatibility Plan. Mail notice to: San Diego County Clerk of the Board of Supervisors, Public Notice Hearings, Mailstop A-45, Room 402, 1600 Pacific Highway, SanDiego, CA 92101 Where documents are located for Public Review: Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008 April 2011 «t^>c,.. ® ® FILE COP/ N^CARLSBAD Planning Division www.carlsbadca.gov March 13, 2012 To: Property owner or representative SUBJECT: MCCLELLAN-PALOMAR AIRPORT LAND USE COMPATIBILITY PLAN - CITY APPLICATION OF POLICY 2.3.2(F) "LONG-TERM PROJECTS" The City of Carlsbad is contacting property owners and/or their representatives for property within the Bressi Ranch Master Plan Industrial subdivision (plan areas) as amendments to land use regulations affecting properties within the plan areas are under consideration. The San Diego County Regional Airport Authority (SDCRAA) adopted an updated Airport Land Use Compatibility Plan (ALUCP) for McClellan Palomar Airport on Jan. 25, 2010 (subsequently amended Mar. 4, 2010). The ALUCP established compatibility policies for noise, safety, airspace protection and overflight notification that affect properties in the vicinity of the airport. The city is required by state law to either (1) amend its general plan and other applicable regulations to be consistent with the ALUCP, or (2) overrule the ALUCP. Carlsbad is currently in process with the former, with a City Council hearing scheduled for March 27, 2012. The 2010 ALUCP applies to new development within the Airport Influence Area, which encompasses all properties in the Bressi Ranch Master Plan Industrial subdivision. However, the ALUCP provides a limited exemption from its requirements to certain types of projects. Specifically, ALUCP Policy 2.3.2(f) "Long-Term Projects," provides that large master/specific plan projects approved prior to adoption of the current compatibility plan that are building out in phases may be governed by the compatibility plan in effect at the time the original project was approved. The policy has a number of criteria for determining what qualifies as a "Long Term Project" (a copy of which is enclosed for your reference). City staff has previously determined that the Bressi Ranch Master Plan Industrial subdivision currently qualifies as a "Long Term Project," and staff has been considering how to implement the long term project policy. After receiving input from property owners (and their representatives) in the long term project areas, performing further research and consulting with San Diego County Regional Airport Authority staff, we have determined to take the following approach in evaluating airport land use compatibility for new development in a long term project area: 1. Upon receipt of a development application, staff will confirm that the project still meets the criteria for "Long Term Project" as contained in ALUCP Policy 2.3.2(f). 2. Once "Long Term Project" status is confirmed, the development application will be evaluated for airport compatibility under the previous (1994, amended 2004) ALUCP, unless the project applicant requests that the city review the application under the current (2010) ALUCP instead. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © 3. The city will consistently apply either the 1994 (amended 2004) ALUCP or 2010 ALUCP policies throughout the entitlement, construction, and initial occupancy (or lease-up) of a new development. 4. After the completion and occupancy of a project, subsequent expansions, modifications, or changes in use will be evaluated under the ALUCP in effect at the time any such subsequent expansion, modification, or change in use is proposed. We believe this approach is consistent with the objectives of airport land use compatibility policies and provides for a rational way of implementing the ALUCP, while at the same time protects the development expectations of property owners in the Bressi Ranch Master Plan Industrial subdivision. If you would like to discuss this matter further, please contact me at (760) 602-4604. Sincerely, DAVID DE CORDOVA Principal Planner DD:bd c: Don Neu, City Planner File Copy Data Entry enc: 2010 ALUCP Policy 2.3.2(f) - Long Term Project A^ CHAPTER 2 AIRPORT LAND USE COMMISSION POLICIES (4) Nothing in this policy precludes a local agency and the ALUC from mutually agreeing, with the concurrence of the project applicant, to an extension of any time limit provided by this policy. (d) Subsequent Review of Project(s) Found Consistent: A project previously reviewed by the ALUC and found to be consistent with the compatibility plan in effect at the time of the project review shall not be subject to further review under a subsequently adopted compatibility plan unless the project changes in a substantive manner at any point—as determined by the local agency or by the ALUC when the ALUC concludes that further review is warranted based on criteria provided in Policy 2.10.4(b)—that potentially would invalidate the original ALUC consistency findings. (1) Any project requiring subsequent ^It/C review will be evaluated using the compatibility plan in effect at the time the resubmittal was deemed complete by the /oca/ agency unless the ALUC determines that such resubmittal lacks one or more of the components required in Policy 2.7.2. In this case, the project will be evaluated in accordance with Paragraphs 2.3.2 (c)(2) through (c)(4), inclusive, above. (2) Any project requiring subsequent ALUC review need not be resubmitted for ALUC review if prior to resubmittal the general plan of the local agency in which the project is situated has been reviewed by the ALUC and found to be consistent with this Compatibility Plan and the revised project is consistent with that ALUC-upproveA general plan. (e) ALUC Review Not Required: A project application that was deemed complete by the local agency prior to the effective date of this Compatibility Plan, and which did not require ALUC review because it was located beyond the boundary of the AM defined by the compatibility plan in place at the time the application was deemed complete shall not require subsequent ALUC review under this Compatibility Plan unless the project changes in a substantive manner (see Policy 2.10.4(b)). (f) Long-Term Project: Except as otherwise provided in Paragraphs (a) through (e) above, a long-term project, such as a master plan, large subdivision which consists of several phases, or functionally comparable discretionary permit or action ("original long-term project"), and any subsequent discretionary or ministerial implementing permit or action for that original long-term project, shall be governed by the compatibility plan in effect at the time the first such permit or action for the original long-term project was issued by the local agency, provided all of the following exist: (1) The project applicant obtained from a local agency final approval of the original long- term project prior to the effective date of this Compatibility Plan; 2-9 McClellan-Palomar Airport Land Use Compatibility Plan March 4. 2010 CHAPTER 2 AIRPORT LAND USE COMMISSION POLICIES (2) The local agency obtained a consistency determination for the original long-term project's approval where the general plan was not consistent with the compatibility plan in effect at the time of the original long-term project's final approval; (3) The original long-term project approval(s) remain(s) in effect; (4) Final approval of the original long-term project was obtained not more than 15 years prior to the effective date of this Compatibility Plan; (5) The project applicant used reasonable good faith efforts in proceeding with the original long-term project including, without limitation, processing any other govemmental permits and approvals necessary to implement the original long-term project's approval (such as preparing and processing any subsequent or additional CEQA documents or resource agency pennits), preparing architectural or engineering plans, or constructing infrastructure for the original approval(s), such as roadways, storm drains, parks, sewer, water or other utilities; (6) The local agency approved a related implementing permit or action for the original long- term project's approval within 5 years prior to the effective date of this Compatibility Plan, or the project applicant has an application on file that has been deemed complete by the local agency for any related implementing permit or action as of the effective date of this Compatibility Plan; and (7) The original long-term project has not changed in a substantive manner, as determined by the local agency or the ALUC (see Policy 2.10.4). 2.4 TYPES OF AIRPORT IMPACTS 2.4.1 Principal Compatibility Concems: As established by state law (Pub. Util. Code §21670), the ALUC has the responsibility both "to provide for the orderly development of airports" and "to prevent the creation of new noise and safety problems." ALUC policies thus have the dual objectives of: (1) protecting against constraints on airport expansion and operations that can result from encroachment of incompatible land uses, and (2) minimizing the public's exposure to excessive noise and safety hazards. (a) To meet these objectives, this Compatibility Plan addresses potential airport compatibility impacts related to four specific airport-related factors/layers; (1) Noise—Exposure to aircraft noise (2) Safety—Land use that affects safety both for people on the ground and in aircraft (3) Airspace Protection—Protection of airport airspace 2-10 McClellan-Palomar Airport Land Use Compatibility Plan March 4, 2010 BRIAN J REAGAN STE 100 6221 METROPOLITAN ST CARLSBAD CA 92009 DPT PROPERTIES LLC STE 103 700 GARDEN VIEW CT ENCINITAS CA 92024 METROPOLITAN SURGERY VENTURE LLC 6390 PASEO ASPADA CARLSBAD CA 92009 METROPOLITAN 102 LLC STE F 205 SEL CAMINO REAL ENCINITAS CA 92024 LEE MICHELLE STE 200 6221 METROPOLITAN ST CARLSBAD CA 92009 DISCOVERY CHILDRENS DENTISTRY LLC STE 202 6221 METROPOLITAN ST CARLSBAD CA 92009 SLOUGH CARLSBAD LLC C/O THOMSON PROPERTY TAX SERVICES STE 0 2235 FARADAY AV CARLSBAD CA 92008 PIVOTAL 650 CALIFORNIA ST LLC C/O PACIFIC CO STE 310 1702 E HIGHLAND AV PHOENIX AZ 85016 LIGHTER EQUITIES LP BOB LIGHTER 1660 UNION ST SAN DIEGO CA 92101 URBAN WEST DAVID DIRIENZO 936 E SANTA ANA BLVD SANTA ANA CA 92701 ROBBIE KNIGHT RYAN COMPANIES 6134 INNOVATION WY CARLSBAD CA 92009 JEFF SOBCZYK PROJECT MANAGEMENT ADVISORS STE 106 462 STEVENS AV SOLANA BEACH CA 92075 CARLSBAD SELF STORAGE INVESTORS LLC C/O THOMSON REUTERS PROPERTY TAX SRV. 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BOX 4029 TUSTIN CA 92781-4029 HOWES WEILER & ASSOC. MIKE HOWES STE 217 2888 LOKER AVENUE EAST CARLSBAD CA 92010 HOFMAN PLANNING & ENGINEERING BILL HOFMAN 3152 LIONSHEAD AV CARLSBAD CA 92010 SLATER PLACE LP C/O WILLIAM MCCORKLE 1800 THIBODO RD#320 VISTA CA 92081-7515 R007 CAMPANIUGRO'UP LLC 3235.G-AMPANIL DR SANTA BARBARA CA 93109 ZMACK LLC 1868 CREST DR ENCINITAS CA 92024 SAN DIEGO C(ONTY REGIONAL AIRPORT AUTHORITV P.O. BOX 82776. SAN DIEGO. CA 92138-2776 619.400.2400 VWW.SAN.ORG February 29, 2012 Mr. Corey Funk City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 •Irt?. 012012 Re: Airport Land Use Commission Consistency Determination - General Plan Amendment and Zone Reclassification to Implement the McClellan-Palomar Airport - Airport Land Use Compatibility Plan - PAL-12-001; Resolution No. 2012-0004 ALUC Dear Mr. Funk: This letter is to notify the City of Carlsbad ("City") of the February 9, 2012, consistency determination that was made by the San Diego County Regional Airport Authority ("Authority" or "SDCRAA"), acting in its capacity as the San Diego County Airport Land Use Commission ("ALUC"), for the referenced project. The ALUC has determined that the proposed project is consistent with the McClellan-Palomar Airport - Airport Land Use Compatibilit>' Plan ("ALUCP"). A copy of Resolution 2012-0004 ALUC, approved by the ALUC on February 9, 2012, and memorializing the consistency determination, is enclosed for your information. The ALUC's detennination that the general plan amendment and zone reclassification to implement McClellan-Palomar Airport - Airport Land Use Compatibility Plan is consistent with the McClellan- Palomar ALUCP was made consistent with the ALUC Policies and the State Aeronautics Act provisions (Cal. Pub. Util. Code §21670-21679.5), and was based on numerous facts and findings, including those summarized below: (1) The proposed project consists of the City of Carlsbad General Plan which would apply the noise contour, airspace protection, and safety zone compatibility criteria of the ALUCP to the use of properties located within AIA by incorporating those ALUCP standards into City of Carlsbad land use policies and project findings. (2) Pursuantto the ALUCPs and Public Utilities Code §21676.5, referral of only certain specified actions to the ALUC for consistency determination continues to be mandatory after the ALUC has deemed a loca! agency General Plan consistent with the ALUCP. The following actions remain mandatory for ALUC review: approval of and/or an amendment to a general, specific, or other land use plan, zoning ordinance (including rezones) or building regulation; any project proposed in Safety Zone 1; any project that has been determined to be an airspace hazard by the FAA; any project which would exceed the density or intensity allowances ofthe ALUCPs which is not located within an ALUC approved infill development area; any project that wouid include non-aviation uses on public-use airport property; and any construction, expansion, or master plan for a new or existing public-use airport, including the construction, extension, or realignment of runways and the acquisition of runway protection zones. (3) The proposed project does not include any changes to General Plan land use designations which would be in conflict with the ALUCP. SAN DIEGO INTERNATIONAL AIRPORT Mr. Funk Page 2 (4) The proposed project complies with ALUCP overflight policies because existing City of Carlsbad policies already exceed the ALUCP requirements for the recordation of either the avigation easement or overflight agreement on properties within the AIA identified as requiring such recordation by the ALUCP. (5) Therefore, the proposed project is consistent with the McClellan-Palomar Airport ALUCP. (6) This Board action is not a "projecf as defined by the Califomia Environmental Quality Act (CEQA) Pub. Res. Code Section 21065; and is not a "development" as defined by the Califomia Coastal Act Pub. Res. Code Section 30106. Please contact Mr. Ed Gowens at (619) 400-2244 if you have any questions regarding the issues addressed in this letter. Very truly yours Thella F. Bowens President/CEO TFB/AJ/EG Enclosures: Resolution 2012-0004 ALUC cc: Amy Gonzalez, SDCRA, General Counsel Ron Bolyard, Caltrans, Division of Aeronautics Chris Schmidt, Caltrans, Division 11 RESOLUTION NO. 2012-0004 ALUC A RESOLUTION OF THE AIRPORT LAND USE COMMISSION FOR SAN DIEGO COUNTY MAKING A DETERMINATION THAT THE PROPOSED PROJECT: GENERAL PLAN AMENDMENT AND ZONE RECLASSIFICATION TO IMPLEMENT MCCLELLAN-PALOMAR AIRPORT - AIRPORT U\ND USE COMPATIBILITY PLAN, CITY OF CARLSBAD, IS CONSISTENT WITH THE MCCLELLAN-PALOMAR AIRPORT - AIRPORT LAND USE COMPATIBILITY PLAN. WHEREAS, the Board ofthe San Diego County Regional Airport Authority, acting in its capacity as the Airport Land Use Commission (ALUC) for San Diego County, pursuantto Section 21670.3 ofthe Public Utilities Code, was requested by the City of Carlsbad to determine the consistency of a proposed project: General Plan Amendment to Implement McClellan-Palomar Airport - Airport Land Use Compatibility Plan, City of Carlsbad, which is located within the Airport Influence Area (AIA) for the McClellan-Palomar Airport - Airport Land Use Compatibility Plan (ALUCP), originally adopted in 2010 and amended in 2010 and 2011; and WHEREAS, the proposed project is the City of Carlsbad General Plan applying the noise contour, airspace protection, and safety zone compatibility criteria of the ALUCP to the use of properties located within the AIA by incorporating those ALUCP standards into City of Carlsbad land use policies and project findings; and WHEREAS, a local agency is required to implement the ALUCP by either refering all proposed land use projects located within the AIA to the ALUC for consistency determination with the ALUCP or amend its applicable codes to incorporate the ALUCP requirements to accomplish the same consistency in its own project reviews; and WHEREAS, refen-al of individual land use projects to the ALUC is not mandatory when the ALUC has deemed a local agency's plan consistent with the ALUCP, except for the following actions: approval of and/or an amendment to a general, specific, or other land use plan, zoning ordinance (including rezones) or building regulation; any project proposed in Safety Zone 1; any project that has been determined to be an airspace hazard by the Federal Aviation Administration (FAA); any project which would exceed the density or intensity allowances of the ALUCPs which is not located within an ALUC approved infill development area; any project that would include non-aviation uses on public-use airport property; and any construction, expansion, or master plan for a new or existing public-use Resolution No. 2012-0004 ALUC Page 2 of 3 airport, including the construction, extension, or realignment of runways and the acquisition of runway protection zones; and WHEREAS, the proposed project does not include any changes to General Plan land use designations which would be in conflict with the ALUCP; and WHEREAS, existing City of Carlsbad policies already exceed the ALUCP requirements for the recordation of either the avigation easement or overflight agreement on properties within the AIA identified as requiring such recordation by the ALUCP; and WHEREAS, the ALUC has considered the Information provided by staff, including infonnation in the staff report and other relevant material regarding the project; and WHEREAS, the ALUC has provided an opportunity for the City of Carlsbad and interested members of the public to present infomnation regarding this matter; NOW, THEREFORE, BE IT RESOLVED that the ALUC determines that the proposed project: General Plan Amendment and Zone Reclassification to Implement McClellan-Palomar Airport - Airport Land Use Compatibility Plan, City of Carlsbad, is consistent with the McClellan-Palomar Airport ALUCP, originally adopted in 2010 and amended in 2010 and 2011, based upon the following facts and findings: (1) The proposed project consists ofthe City of Carisbad General Plan which would apply the noise contour, airspace protection, and safety zone compatibility criteria of the ALUCP to the use of properties located within AIA by incorporating those ALUCP standards into City of Carisbad land use policies and project findings. (2) Pursuant to the ALUCPs and Public Utilities Code §21676.5, refen-al of only certain specified actions to the ALUC for consistency determination continues to be mandatory after the ALUC has deemed a local agency General Plan consistent with the ALUCP. The following actions remain mandatory for ALUC review: approval of and/or an amendment to a general, specific, or other land use plan, zoning ordinance (including rezones) or building regulation; any project proposed in Safety Zone 1; any project that has been determined to be an airspace hazard by the FAA; any project which would exceed the density or intensity allowances ofthe ALUCPs which is not located within an ALUC approved infill development area; any project that Resolution No. 2012-0004 ALUC Page 3 of 3 would include non-aviation uses on public-use airport property; and any construction, expansion, or master plan for a new or existing public-use airport, including the construction, extension, or realignment of runways and the acquisition of runway protection zones. (3) The proposed project does not include any changes to General Plan land use designations which would be in conflict with the ALUCP. (4) The proposed project complies with ALUCP overflight policies because existing City of Carlsbad policies already exceed the ALUCP requirements for the recordation of either the avigation easement or overflight agreement on properties within the AIA identified as requiring such recordation by the ALUCP. (5) Therefore, the proposed project is consistent with the McClellan-Palomar Airport ALUCP. BE IT FURTHER RESOLVED that this ALUC detennination is not a "project" as defined by the California Environmental Quality Act (CEQA), Pub. Res. Code Section 21065, and is not a "development" as defined by the California Coastal Act, Pub. Res. Code Section 30106. PASSED, ADOPTED AND APPROVED by the ALUC for San Diego County at a special meeting this 9*'' day of February, 2012, by the following vote: AYES: Commissioners: Boland, Desmond, Gleason, Hubbs, Panknin, Smisek NOES: Commissioners: ABSENT: Commissioners: None Cox, Robinson, Young ATTEST: APPROVED AS T BRETON K. LOBNER GENERAL COUNSEL TONY ^ RUSSELL DIRECTOR, CORPORATE SERVICES/ AUTHORITY CLERK c o HLE copy <C^2rF CITYOF V (CARLSBAD Planning Division www.carlsbadca.gov February 21, 2012 Ted Tchang Techbilt Construction Corp. P.O. Box 80036 San Diego, CA 92138 SUBJECT: MCCLELLAN-PALOMAR AIRPORT LAND USE COMPATIBILITY PLAN Dear Mr. Tchang, I would like to acknowledge the October 26, 2011 receipt of your letter regarding the 2010 McClellan Palomar Airport Land Use Compatibility Plan (2010 ALUCP) and its potential impact on property in the Carlsbad Oaks North Specific Plan area owned by Techbilt Construction Corporation. Your letter responds to our October 20, 2011 correspondence informing you about how the policies of the 2010 ALUCP might be applied to future development in the Carlsbad Oaks North Specific Plan area. In your response, you stated a preference that Carlsbad Oaks North be governed by the previous (1994, amended 2004) ALUCP rather than the 2010 ALUCP. The 2010 ALUCP applies to new development within the Airport Influence Area, which encompasses all properties in the Carlsbad Oaks North Specific Plan area. However, the ALUCP provides a limited exemption from its requirements to certain types of projects. Specifically, ALUCP Policy 2.3.2(f) "Long- Term Projects," provides that large master/specific plan projects approved prior to adoption of the current compatibility plan that are building out in phases may be governed by the compatibility plan in effect at the time the original project was approved. The policy has a number of criteria for determining what qualifies as a "Long Term Project" (a copy of which is enclosed for your reference). City staff has previously determined that the Carlsbad Oaks North Specific Plan currently qualifies as a "Long Term Project," and have been considering how to implement the long term project policy. After receiving input from property owners (and their representatives) in the long term project areas, performing further research and consulting with San Diego County Regional Airport Authority staff, we have determined to take the following approach in evaluating airport land use compatibility for new development in a long term project area: 1. Upon receipt of a development application, staff will confirm that the project still meets the criteria for "Long Term Project" as contained in ALUCP Policy 2.3.2(f). 2. Once "Long Term Project" status is confirmed, the development application will be evaluated for airport compatibility under the previous (1994, amended 2004) ALUCP, unless the project applicant requests that the city review the application under the current (2010) ALUCP instead. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © MCCLELLAN-PALOMAR AIRPOIRT'LAND USE COMPATIBILITY PLAN February 21, 2012 Page 2 3. The city will consistently apply either the 1994 (amended 2004) ALUCP or 2010 ALUCP policies throughout the entitlement, construction, and initial occupancy (or lease-up) of a new development. 4. After the completion and occupancy of a project, subsequent expansions, modifications, or changes in use will be evaluated under the ALUCP in effect at the time any such subsequent expansion, modification, or change in use is proposed. We believe this approach is consistent with the objectives of airport land use compatibility policies and provides for a rational way of implementing the ALUCP, while at the same time protects the development expectations of Techbilt Construction Corporation in the Carlsbad Oaks North Specific Plan. If you would like to discuss this matter further, please contact me at (760) 602-4604. Sincerely, DAVID DE CORDOVA Principal Planner DD:CF:bd c: Don Neu, City Planner Corey Funk, Associate Planner File Copy Data Entry enc: 2010 ALUCP Policy 2.3.2(f) - Long Term Project CHAPTER 2 AIRPORT LAND USE COMMISSION POLICIES (4) Nothing in this policy precludes a local agency and the ALUC from mutually agreeing, with the concurrence of the project applicant, to an extension of any time limit provided by this policy. (d) Subsequent Review of Project(s) Found Consistent: A project previously reviewed by the ALUC and found to be consistent with the compatibility plan in effect at the time of the project review shall not be subject to further review under a subsequently adopted compatibility plan unless the project changes in a substantive manner at any point—as determined by the local agency or by the ALUC when the ALUC concludes that further review is wananted based on criteria provided in Policy 2.10.4(b)—that potentially would invalidate the original ALUC consistency findings. (1) Any project requiring subsequent y4I(7C review will be evaluated using the compatibility plan in effect at the time the resubmittal was deemed complete by the local agency unless the ALUC determines that such resubmittal lacks one or more of the components required in Policy 2.7.2. In this case, the project will be evaluated in accordance with Paragraphs 2.3.2 (c)(2) through (c)(4), inclusive, above. (2) Any project requiring subsequent ALUC review need not be resubmitted for ALUC review if prior to resubmittal the general plan of the local agency in which the project is situated has been reviewed by the ALUC and found to be consistent with this Compatibility Plan and the revised project is consistent with that ^LC/C-approved general plan. (e) ALUC Review Not Required: A project application that was deemed complete by the local agency prior to the effective date of this Compatibility Plan, and which did not require y4i(7C review because it was located beyond the boundary of the AIA defined by the compatibility plan in place at the time the application was deemed complete shall not require subsequent ALUC review under this Compatibility Plan unless the project changes in a substantive manner (see Policy 2.10.4(b)). (f) Long-Term Project: Except as otherwise provided in Paragraphs (a) through (e) above, a long-term project, such as a master pian, large subdivision which consists of several phases, or functionally comparable discretionary permit or action ("original long-term project"), and any subsequent discretionary or ministerial implementing permit or action for that original long-term project, shall be govemed by the compatibility plan in effect at the time the first such permit or acfion for the original long-term project was issued by the local agency, provided all of the following exist: (1) The project applicant obtained from a local agency final approval of the original long- term project prior to the effective date of this Compatibility Plan; 2-9 McClellan-Palomm Airport Land Use Compatibility Plan March 4. 2010 CHAPTER 2 AIRPORT LAND USE COMMISSION POLICIES (2) The local agency obtained a consistency determination for the original long-term project's approval where the general plan was not consistent with the compatibility plan in effect at the time of the original long-term project's final approval; (3) The original long-term project approval(s) remain(s) in effect; (4) Final approval of the original long-term project was obtained not more than 15 years prior to the effective date of this Compatibility Plan; (5) The project applicant used reasonable good faith efforts in proceeding with the original long-term project including, without limitation, processing any other govemmental permits and approvals necessary to implement the original long-term project's approval (such as preparing and processing any subsequent or additional CEQA documents or resource agency permits), preparing architectural or engineering plans, or constructing infrastructure for the original approval(s), such as roadways, storm drains, parks, sewer, water or other utilities; (6) The local agency approved a related implementing permit or action for the original long- term project's approval within 5 years prior to the effective date of this Compatibility Plan, or the project applicant has an application on file that has been deemed complete by the local agency for any related implementing permit or action as of the effective date of this Compatibility Plan; and (7) The original long-term project has not changed in a substantive manner, as determined by the local agency or the ALUC (see Policy 2.10.4). 2.4 TYPES OF AIRPORT IMPACTS 2.4.1 Principal Compafibility Concems: As established by state law (Pub. Ufil. Code §21670), the ALUC has the responsibility both "to provide for the orderly development of airports" and "to prevent the creation of new noise and safety problems." ALUC policies thus have the dual objectives of: (1) protecting against constraints on airport expansion and operations that can result from encroachment of incompatible land uses, and (2) minimizing the public's exposure to excessive noise and safety hazards. (a) To meet these objectives, this Compatibility Plan addresses potential airport compatibility impacts related to four specific airport-related factors/layers; (1) Noise—Exposure to aircraft noise (2) Safety—Land use that affects safety both for people on the ground and in aircraft (3) Airspace Protection—Protection of airport airspace 2-10 McClellan-Palomar Airport Land Use Compatibility Plan March 4,2010 CITY OF VXARLSBAD Planning Division HI www.carlsbadca.gov February 9, 2012 Robin Madaffer Schwartz Heidel Sullivan, LLP 401 B Street, Suite 2400 San Diego, California 92101 SUBJECT: MCCLELLAN-PALOMAR AIRPORT LAND USE COMPATIBILITY PLAN Dear Ms. Madaffer, I would like to acknowledge the receipt ofyour letter dated Jan. 18, 2012, regarding the 2010 McClellan Palomar Airport Land Use Compatibility Plan (2010 ALUCP) and its potential impact on property in the Carlsbad Oaks North Specific Plan area owned by your client, Kilroy Realty Corporation. Your letter responds to our October 20, 2011 correspondence informing your client about how the policies of the 2010 ALUCP might be applied to future development in the Carlsbad Oaks North Specific Plan area. In your response, you objected to the city's application ofthe 2010 ALUCP to Carlsbad Oaks North. The 2010 ALUCP applies to new development within the Airport Influence Area, which encompasses all properties in the Carlsbad Oaks North Specific Plan area. However, the ALUCP provides a limited exemption from its requirements to certain types of projects. Specifically, ALUCP Policy 2.3.2(f) "Long- Term Projects", provides that large master/specific plan projects approved prior to adoption of the current compatibility plan that are building out in phases may be governed by the compatibility plan in effect at the time the original project was approved. The policy has a number of criteria for determining what qualifies as a "Long Term Project" (a copy of which is enclosed for your reference). City staff have previously determined that the Carlsbad Oaks North Specific Plan currently qualifies as a "Long Term Project", and have been considering how to implement the long term project policy. After receiving input from property owners (and their representatives) in the long term project areas, performing further research and consulting with San Diego County Regional Airport Authority staff, we have determined to take the following approach in evaluating airport land use compatibility for new development in a long term project area: 1. Upon receipt of a development application, staff will confirm that the project still meets the criteria for "Long Term Project" as contained in ALUCP Policy 2.3.2(f). 2. Once "Long Term Project" status is confirmed, the development application will be evaluated for airport compatibility under the previous (2004) ALUCP, unless the project applicant requests that the city review the application under the current (2010) ALUCP instead. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 0 3. The city will consistently apply either the 2004 or 2010 ALUCP policies throughout the entitlement, construction, and initial occupancy (or lease-up) ofa new development. 4. After the completion and occupancy of a project, subsequent expansions, modifications, or changes in use will be evaluated under the ALUCP in effect at the time any such subsequent expansion, modification, or change in use is proposed. We believe this approach is consistent with the objectives of airport land use compatibility policies and provides for a rational way of implementing the ALUCP, while at the same time protects the development expectations of your client. If you would like to discuss this matter further, please contact me at (760) 602-4604. Sincerely, DAVID DE CORDOVA Principal Planner DD:CF:bd c: Robert Little, Kilroy Realty Corporation, 3611 Valley Centre Drive, Suite #550, San Diego, CA 92130 Don Neu, City Planner Corey Funk, Associate Planner File Copy Data Entry Attachment: 2010 ALUCP Policy 2.3.2(f) - Long Term Project CHAPTER 2 AIRPORT LAND USE COMMISSION POLICIES (4) Nothing in this policy precludes a local agency and the ALUC from mutually agreeing, with the concurrence of the project applicant, to an extension of any time limit provided by this policy. (d) Subsequent Review of Project(s) Found Consistent: A project previously reviewed by the ALUC and found to be consistent with the compatibility plan in effect at the time of the project review shall not be subject to further review under a subsequently adopted compatibility plan unless the project changes in a substantive manner at any point—as determined by the local agency or by the ALUC when the ALUC concludes that further review is warranted based on criteria provided in Policy 2.10.4(b)—that potenfially would invalidate the original ALUC consistency findings. (1) Any project requiring subsequent ^Z-C/C review will be evaluated using the compatibility plan in effect at the time the resubmittal was deemed complete by the local agency unless the ALUC determines that such resubmittal lacks one or more of the components required in Policy 2.7.2. In this case, the project will be evaluated in accordance with Paragraphs 2.3.2 (c)(2) through (c)(4), inclusive, above. (2) Any project requiring subsequent ALUC review need not be resubmitted for ALUC review if prior to resubmittal the general plan of the local agency in which the project is situated has been reviewed by the ALUC and found to be consistent with this Compatibility Plan and the revised project is consistent with that ^LC/C-approved general plan. (e) ALUC Review Not Required: A project application that was deemed complete by the local agency prior to the effective date of this Compatibility Plan, and which did not require ^Z,(7C review because it was located beyond the boundary of the AIA defined by the compatibility plan in place at the time the application was deemed complete shall not require subsequent ALUC review under this Compatibility Plan unless the project changes in a substantive manner (see Policy 2.10.4(b)). (f) Long-Term Project: Except as otherwise provided in Paragraphs (a) through (e) above, a long-term project, such as a master plan, large subdivision which consists of several phases, or functionally comparable discretionary permit or action ("original long-term project"), and any subsequent discretionary or ministerial implemenfing permit or action for that original long-term project, shall be governed by the compatibility plan in effect at the time the first such permit or action for the original long-term project was issued by the local agency, provided all of the following exist: (I) The project applicant obtained from a local agency final approval of the original iong- term project prior to the effecfive date of this Compatibility Plan; 2-9 McClellan-Palomar Airport Land Use CompaSbllity Plan March 4, 2010 CHAPTER 2 AIRPORT LAND USE COMMISSION POLICIES (2) The local agency obtained a consistency determinafion for the original long-term project's approval where the general plan was not consistent with the compatibility plan in effect at the time of the original long-term project's fmal approval; (3) The original long-term project approval(s) remain(s) in effect; (4) Final approval of the original long-term project was obtained not more than 15 years prior to the effective date of this Compatibility Plan; (5) The project applicant used reasonable good faith efforts in proceeding with the original long-term project including, without limitation, processing any other govemmental permits and approvals necessary to implement the original long-term project's approval (such as preparing and processing any subsequent or additional CEQA documents or resource agency permits), preparing architectural or engineering plans, or constructing infrastructure for the original approval(s), such as roadways, storm drains, parks, sewer, water or other utilities; (6) The local agency approved a related implementing permit or action for the original long- term project's approval within 5 years prior to the effective date of this Compatibility Plan, or the project applicant has an application on file that has been deemed complete by the local agency for any related implementing permit or action as of the effective date of this Compatibility Plan; and (7) The original long-term project has not changed in a substanfive manner, as determined by the local agency or the ALUC (see Policy 2.10.4). 2.4 TYPES OF AIRPORT IMPACTS 2.4.1 Principal Compafibility Concems: As established by state law (Pub. Util. Code §21670), the ALUC has the responsibility both "to provide for the orderly development of airports" and "to prevent the creation of new noise and safety problems." ALUC policies thus have the dual objectives of: (I) protecting against constraints on airport expansion and operations that can result from encroachment of incompatible land uses, and (2) minimizing the public's exposure to excessive noise and safety hazards. (a) To meet these objectives, this Compatibility Plan addresses potential airport compatibility impacts related to four specific airport-related factors/layers; (1) Noise—Exposure to aircraft noise (2) Safety—Land use that affects safety both for people on the ground and in aircraft (3) Airspace Protection—Protection of airport airspace 2-10 McClellsn-Palomar Airport Land Use Compatibility Plan March 4.2010 4^ CTV OF f^FILE V^CARLSBAD l-iriLi: Planning Division www.carlsbadca.gov February 8, 2012 Angela Jameson San Diego County Regional Airport Authority P.O. Box 82776 San Diego, CA 92138-2776 SUBJECT: CONSISTENCY DETERMINATION - CARLSBAD GENERAL PLAN AMENDMENT TO IMPLEMENT MCCLELLAN-PALOMAR ALUCP (AGENDA ITEM #2) Dear Ms. Jameson, Regarding the Consistency Determination for City of Carlsbad's proposed General Plan amendment that will implement the McClellan-Palomar Airport Land Use Compatibility Plan (2010 ALUCP), the City of Carlsbad supports the Airport Land Use Commission staff recommendation of "Consistent. In addition, we greatly appreciate the time and attention that you, Ed Gowens and Kim Sheredy spent meeting with our staff, answering questions and reviewing our proposed general plan amendment. The City of Carlsbad's general plan amendment, and amendment to its Noise Guidelines Manual, would incorporate either directly or by reference all of the policies of the 2010 ALUCP appiicable to new development in the Airport Influence Area. With these amendments, the city will fully comply with the 2010 ALUCP compatibility criteria with respect to Safety, Noise, Airspace Protection, and Overflight Notification. We would like to clarify for the record that the proposed amendments to our General Plan and Noise Guidelines Manual, as reflected in our application for consistency determination, would incorporate the overflight policies and nofificafion boundaries ofthe 2010 ALUCP. We understand that the 2010 notificafion boundaries differ from those contained in the previous (1994) plan, and it is the city's intention to implement the overflight policies and Overflight Notification Area boundaries found in the 2010 ALUCP. If you have any questions about our proposed general plan amendment, please contact David de Cordova at 760-602-4604 or Corey Funk at 760-602-4645. Sincerely, DON NEU, AICP City Planner DN:CF:bd c: Ed Gowens, San Diego County Regional Airport Authority, via email at egowens(5)san.org David de Cordova, Principal Planner Corey Funk, Associate Planner File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © CONSISTENCY DETERMINATION MCCLELLAN-PALOMAR AIRPORT AIRPORT LAND USE COMPATIBILITY PLAN (ALUCP) February 9, 2012 Item # 2 Resolution # 2012-0004 ALUC Recommendation: Consistent GENERAL PLAN AMENDMENT AND ZONE RECLASSIFICATION TO IMPLEMENT MCCLELLAN-PALOMAR AIRPORT - AIRPORT LAND USE COMPATIBILITY PLAN, CITY OF CARLSBAD Descriotion of Proiect: The project is an aniendment of the City of Carisbad General Plan applying the requirements ofthe McClellan-Palomar ALUCP to the use of properties located within its Airport Influence Area (AIA). There is no change to property land use or zoning designations proposed as part of the project, but it will Incorporate standards Into the City of Carlsbad Noise Guidelines Manual. Use of properties within the AIA are subject to findings of General Plan and ALUCP compatibility for discretionary projects permitted by the City of Carlsbad. Tracking of Impacted properties would be done through geographic infomiation system (GIS) databases based upon a General Plan map of the AIA proposed as part of the current project. This project fulfills the statutory mandate under §21676(b) of the Public Utilities Code and §65302.3(a) of the Govemment Code for an affected local agency to make ite general plan consistent with adopted ALUCPs within agency jurisdictton. Because this project would incorporate all requiremente ofthe ALUCP into the City of Carlsbad General Plan under whk:h land uses within ite jurisdiction are evaluated, indivklual project consistency detenninattons wouM be required from the ALUC only for specified land use acttons in accordance with Public Utilities Code §21676.5(b). The exceptkmal land use actk)ns specifled by the Publk: Utilities Code (§21676) and appltoable ALUCPs woukl continue to require indivklual project consntency detemninations by the ALUC. These include approval of and/or an amendment to a general, speciflc, or other land use plan, zoning ordinance (including rezones) or buikling regulatton; any prpject proposed in Safety Zone 1; any project that has been detenmined to be an airspaoe hazard by the Federal Aviatk>n Administratton (FAA); any project which would exceed the density or intensity allowances of the ALUCP whtoh is not tocated within an ALUC approved infill development area; any project that wouki include nonaviatton uses on public-use airport property; and any consbuctkxi, expanston, or master plan for a new or 000004 existing public-use airport, including tlw constructton, extenston, or realignment of runways and the acquisltton of runway protectton zones. Because the prefect does not involve any change of General Plan land use designattons, there are no oonfltoto with the density or intensity altowanoes of the ALUCP. Any future project proposing to exceed these alk>wances woukl have to be separately consklered and could not be found consistent with ttie ALUCP unless the ALUC were to classify the project wholly or in part of an infill development area. Noise Contours: Properties affected by the proposed project ito within all Community Noise Equivatont Level (CNEL) noise contours and woukl be sut)Ject to potential sound attenuatton if required by the applicabto ALUCP. Airspace Protection Surfaces: The project does not propose any structures for construction, but ftiture buiklings woukl be subject to height Hmitattons per FAA revtow for determinatton of hazard to air navigatton if the project meete FAA notification criteria. Overfltaht Notificatton Area: Some properties within the proposed project are tocated within areas reqiriring the recordation of avigation easemente or overflight agreemente with the County Recorder. The City of Carisbad already has a Noise Impact Notificatton Area (NINA) whtoh requires such recordatton and exceeds the ALUCP area requiremente. ^ Ownership: Properties affected by the proposed project are owned by numerous pirt>lto and private entities and indivkluals. Recommendation: Based on review of tfie proposed project and the poltoies in the McClelian-Patomar Airport ALUCP. staff recommends that the ALUC make the detennination that the project is consistent with tiie McCtollan-Patomar Airport ALUCP. 000005 RESOLUTION NO. 2012-0004 ALUC A RESOLUTION OF THE AIRPORT LAND USE COMMISSION FOR SAN DIEGO COUNTY MAKING A DETERMINATION THAT THE PROPOSED PROJECT: GENERAL PLAN AMENDMENT AND ZONE RECLASSIFICATION TO IMPLEMENT MCCLELLAN-PALOMAR AIRPORT - AIRPORT LAND USE COMPATIBILITY PLAN, CITY OF CARLSBAD, IS CONSISTENT WITH THE MCCLELLAN-PALOMAR AIRPORT - AIRPORT LAND USE COMPATIBILITY PLAN. WHEREAS, the Board of ttie San Diego County Regional Airport Authority, acting in ite capacity as the Airport Land Use Commisston (ALUC) for San Diego County, pursuant to Sectton 21670.3 of tiie Publto Utilities Code, was requested by the City of Carisbad to detemnine the consistency of a proposed project: Generai Plan Amendment to Imptoment McClellan-Palomar Airport - Airport Land Use Cc»npatibility Plan, City of Carisbad, which is located wittiin ttie Airport Influence Area (AIA) for ttie McCtoHan-Palomar Airport - Airport Land Use Compatibility Plan (ALUCP). originally adopted in 2010 and amended in 2010 and 2011; and WHEREAS, the proposed prpject is ttie City of Carisbad General Plan applying the noise contour, airspace protectton, and safety zone compatibility criteria of tiie ALUCP to the use of properties tocated within ttie AIA by incorporating those ALUCP standards into City of Carisbad land use poitotos and project findings; and WHEREAS, a local agency is required to imptoment the ALUCP by either refening all proposed land use projecte located within the AIA to tiie ALUC for consistency detennination witti the ALUCP or amend ite appitoabto codes to incorporate the ALUCP requiremente to acconnplish ttie same consistency in ite own prpject reviews; and WHEREAS, refenrai of indivklual land use projecte to ttie ALUC is not mandatory when the ALUC has deemed a tocal agency's plan consistent witii the ALUCP, except for the foNowing actions: approval of and/or an amendment to a general, specific, or other land use plan, zoning ordinance (including rezones) or building regulation; any project proposed in Safety Zone 1; any project that has been detennined to be an airspace hazard by the Federal Aviation Administration (FAA); any project ^ich wouM exceed the density or intensity altowanoes of the ALUCPs whtoh is not located wittiin an ALUC approved infill devetopment area; any project ttiat woukl include non-aviation uses on publio-use airport property; and any construction, expanston, or master plan for a new or existing publto-use 000006 Resolution No. 2012-0004 ALUC Page2of 3 airport, including the construction, extension, or realignment of runways and the acquisition of runway protection zonm; and WHEREAS, the proposed prpject does not include any changes to General Plan land use designations which woukl be in conflict with the ALUCP; and WHEREAS, existing City of Cartsbad poKcies already exceed ttie ALUCP requiremente for the recordation of either the avigation easement or overflight agreement on properties within the AIA kientified as requiring sudi recordatton by ttie ALUCP; and WHEREAS, the ALUC has consklered ttie infonnation provkled by staff, including infonnation in the staff report and ottier relevant material regarding ttie project; and WHEREAS, the ALUC has provkled an opportunity for the City of Carisk)ad and interested members ofttie publto to present Infonnatton regarding this matter; NOW, THEREFORE, BE IT RESOLVED ttiat ttie ALUC detemriines ttiat the proposed project Generai Plan Amendment and Zone Reclassificatton to Implement McCtollan-Patomar Airport - Airport Land Use Compatibility Ran, City of Carisbad, is consistent with the McCleNan-Paiomar Airport ALUCP, originally adopted in 2010 and amended in 2010 and 2011, based upon ttie foitowing fecte andfindins^: (1) The proposed project consiste of the City of Carlsl>ad General Plan whtoh wouM apply the noise contour, airspaoe protection, and safs^ zone > ^! oif\ c compatibility criteria of ttie ALUCP to the use of properties tocated wittiin AlAi i a by incorporating those ALUCP standards into City of Carisbad land use r ig these poltoies and project findings. pic n oject fir i (2) Pursuant to ttie ALUCPs and Publto Utilities Code §21676.5^ referral of only i J r: certain specified actions to ttie ALUC for consistency determination contimtos : to be mandatory afler the ALUC has deemed a tocal agency General Plan consistent with the ALUCP. The foitowing actions remain mandatory fbr ALUC review: approval of and/or an amendment to a general, specific, or ottier land uee plan, zoning ordinanoe (inciuding rezones) or buikling regulation; any project proposed in Safety Zone 1; any pl^^ject that has been determined to be an airspace huard by the FAA; any prpject whtoh woukl exceed ttie denstty or intensity aNowances of ttie ALUCPs whtoh is not tocated wittiin an ALUC approved infill devetoprnent area; any project that C00007 Resolutksn No. 2012-0004 ALUC Page 3 of 3 would include non-aviation uses on public-use airport property; and any construction, expansion, or master plan for a new or existing public-use airport, including the construction, extension, or realignment of runways and the acquisition of runway protection zones. (3) The proposed project does not include any changes to General Plan land use designattons which woukl be In confltot witii the ALUCP. (4) The proposed project complies with ALUCP overflight policies because existing City of Carisbad polictos already exceed the ALUCP requiremente for the recordatton of eitiier the avigation easement or overfiight agreement on properties within the AIA identified as requiring such recordation by the ALUCP. (5) Therefore, the proposed project is consistent with the McClellan-Palomar Airport ALUCP. BE IT FURTHER RESOLVED tfiat this ALUC determination is not a "project" as defined by the Califomia Environmental Quality Act (CEQA), Pub. Res. Code Section 21065, and is not a "devetopmenf as defined by the Califomia Coastal Act, Pub. Res. Code Sectton 30106. PASSED, ADOPTED AND APPROVED by the ALUC for San Dtogo County at a special meeting this 9*" day of February, 2012, by ttie foitowing vote: AYES: Commissioners: NOES: Commisstoners: ABSENT: Commissioners: ATTEST: TONY R. RUSSELL DIRECTOR, CORPORATE SERVICES/ AUTHORITY CLERK APPROVED AS TO FORM: BRETON K. LOBNER GENERAL COUNSEL 000008 SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY SPECIAL AIRPORT LAND USE COMMISSION AGENDA Thursday, l=6bruary 9,2012 9:00 A.M. or immediately following the Board Meeting San Diego International Airport Commuter Tenninal - Third Ftoor Board Room 3225 N.Hart}or Drive San Diego, Califomia 92101 Live webcasts of Authority Board meetings can be accessed at htto://w¥/w.san.om/almoit authorittf/boaidnteetlnas.aso. BOARD MEMBERS BRUCE R. BOLANO GttB& COK JM DESMOND BILL FIGGE* ROBERT H. GLEASON LUOVD B. HUBBS JIM POVNKNIN PEIXtO REVES* COL. FRANK A. RICHE* P«UL ROBINSON TOM SMISEK ANTHONV K. YOUNG • EX OFFKO BOnRD MCMBeitS PRESIDENT/CEO THELLA F. BO\/ENS Pursuant to Califbmia Public Utiliaes Code §§21670-21679.5, the Airport Land Use Commission ("Commission'') Is responsltfle fbr coordinating the airport planning of public agendes within San Dlego Q)unty. The Commisson has the legal re^xmsiblllty to fbrmulate airport land use compadblllty plans ("ALUCPs") that will (a) provide fbr the orderly growdi of each public airport and the areas ^mounding die airport within the County and (b) safeguard the general w^re ofdK Inhabitants witiiln the \^nlty of each airport and the public In generai Pursuant to §21670.3, the San Dlego County Regional Airport Audiority serves as die Commission. This Agenda contains a brief general description of each item to be consklered. The indkation of a recommended action does not Indicate what actton (if any) may be taken. If comments are made to the Commission without prior notice or are not listed on the Agenda, no specific answers or responses should be expected at this meeting pursuant to State law. Staff Reports and documentation relating to each Item of business on the Agenda are on file in Corporate Servtoes and are available fbr public inspection. NOTE: Pursuant to Authority Cbde Sectton 2.15, all Lobbyists shall register as an Authority Lobbyist with the Authority Ctork within ten (10) days of qualifying as a lobbyist. A qualifying lobbyist is any indivklual who receives $100 or more in any calendar month to lobby any Commisston Member or emptoyee of the Authority fbr the purpose of influencing any action of the Authority. To obtain Lobbyist Registration Statement Fonns, contact the (Corporate Services/Authority Qerk Department. PLEASE COMPLETE A "REQUEST TO SPEAK* PORM PRIOR TO THE COMMENCEMENT OF THE MEEHNG AND SUBMIT IT TO THE AUTHORITY CLERK. PLCASe HEVIEW THE POUCY FOR PUBUC PARTICIPATION IN BOARD JWD BOARD COMMISSION MEETINGS (PUBUC COMMENT) LOCATED AT THE EMD OF THE AGENDA Airport Land Use Commission Agenda Thursday, February 9,2012 Page 2 of4 PiePfiBQFALLEglANCE. ROLL CALL; NON-AGENDA PUBLIC COMMENT! Non-Agenda Public Comment is resen/ed fbr members ofthe public wishing to address the Commission on matters fw whtoh another opportunity to speak is not provided on the Agenda, and whtoh is within the Jurisdtotton of the Commisston. Please submit a completed speaker slip to the Authority Clerk. Each Indivklual speaker Is Ihnited to three (3) minutes. Applicants, groups and jurisdictions referring Items to the Board Ibr action are Iimtted to Ifve (5) minutes. Note: Persons wishing to speak on spedfic items should resen/e their comments until the specific item is taken up by the Commisston. CQHSEIffT AgeWPA fltemi 1-3); The Consent Agenda contains items that are routine in nature and non-controversiai. It aiso contains consistency determinations that have been deemed consistent or Gondttlonally consistent. The matters listed under ^Consent Agenda' may be approved by one motion. Any Commission Member may remove an item for separate Gonsideratton. Items so removed will be heard before the scheduled New Business items, uniess otherwise directed by the Chair. 1. APPROVAL OF MINin-ES: The Airport Land Use Commisston is requested to approve minutes of prtor Commission meetings. RECX)MMENDATION: Approve the minutes of the January 5,2012 regular meeting. i v CONSISTENCY DETERMINATIONS CONSISTENCY DETERMINATION ~ MCCLELLAN-PALOMAR AIRPORT ^ AIRPORT LAND USE COMPATIBILITY PLAN - GENERAL^AN AMENDMENT AND ZONE RECLASSIFICATION TO IMn.lMENT MCCLELLAN-PALOMAR AIRPORT - AIRPORT LAND USE COMPATIBILITY PLAN, OTY OF CARLSBAD: TTie Cbmmisston Is requested to make a consistency determinatton on a proposed project in the Oty of Caristiad. RECOMMENDATION: Adopt Resolution No. 2012-0004 ALUC, making the detennination that the project is consistent with the Mcaellan-Patomar Airport - Airport Land Use CompatibUity Plan. (Airport Pianning: Angela lamiien. Manager) Airport Land Use Commission Agenda Thursday, February 9,2012 Page 3 of 4 3. REPORT OF LAND USE ACTIONS DETERMINED TO BE CONSISTENT WITH AIRPORT LAND USE COMPATIBILITY PLANS: The Commission is requested to accept the report. RECOMMENDATION: Accept the reporL (Airport Planning: Angela Jamison, Manager) PUBLIC HEARINGS: None QLP BUaWESS; NEW BUSINESS: 4. CONSISTENCY DETERMINATION - MARINE CORPS AIR STATION MIRAMAR AIRPORT LAND USE COMPATIBILITY PLAN - COMMUNITY PLAN AMENDMENT AND ZONE RECLASSIFICATION TO CONSTRUCT 472 MULTIFAMILY RESIDENTIAL UNITS AT gOlS, g025,9029 & 9035 JUDICIAL DRIVE, CITY OF SAN DIEGO: The Commisston is requested to make a consistency determinatton on a proposed project in the Oty of San Diego. RECOMMENDATION: Adopt Resolution No. 2012-0003 ALUC, making the determination that the project is conditionally consistent with the Marine Corps Air Station Miramar Airport Land Use Compatibility Plan. (Airport Planning: Angeia Jamison, Manager) 5. PRESENTAnON AND REQUEST FOR POLICY DIRECTION ON SAFETY COMPATIBILITY FACTOR SAN DIEGO INTERNATIONAL AIRPORT- AIRPORT LAND USE COMPATIBILITY PLAN: The Commisston is requested to receive the report and provide poiicy direction. RECOMMENDATION: Receive the report and provide policy guidance on the safety compatibility fector. (Airport IManning: Angela Jamison, Manager) COMMISSION COMMENT: ADJOURNMENT: Airport Land Use Commission Agenda Thursday, February 9,2012 Page 4 of 4 Policy for PuMic Participation in Board, Airport Land Use Commission (ALUC), and Committee Meetings (PubHc Comment) 1) Persons wishing to address the Board, ALUC, and Comnfrittees complete a "Request to Speak" fbrm prior to the initlatton of the portton of the agenda containing the Item to be addressed (ag., Publto Comment and GenenH Items). Fdkire to complete a form shall not preclude testimony, if permisston to address the Board is granted by the Chair. 2) The Public Comment Section at the beginning of the agenda is Hmited to eighteen (18) minutes and is reserved for persons wishing to address the Board, ALUC, and Committees on any matber for whk:h another opporfsmity to speak is not provkied on the Agenda, and on matters tiiat are within the jurisdction (^the Board. A second Publk: Comment perkxl is reserved for generai publk: comment later ki tiie meeting for those who could not be heard durtng tiie first PuUc Comment perkxl. 3) Persons wishing to speak on specific items listed on the agenda will be aflbrded an opportunity to speak during the presentation of indivkluai items. Persons wishkig to spe^ on spiadfic itens shouid reserve their commente until ttie specific item is taken up by the Board, ALUC and Committees. PubNe comment on speciflc ttiems is iimited to twenty (20) minutes - ten (10) minutes for those In favor and ten (10) minutes for those in opposition of an Item. Each Indh/idual speaker wfll be altowed three (3) minutes, and applkants and groups will be allowed five (5) minutes. 4) If many persons have indicated a desire to address the Board, ALUC and Committees on the same issue, then the Chair may suggest that tiiese persons oonsoiklate their respective testimonies. Testimony by members of the publk: on any item shaH be limited to three (3) minutes per Indtvkiual speaker and five (5) minutes for applicants, groups and referring jurisdictions. 5) Pursuant to Authority Poltoy 1.33 (8), recognized groups must register with the Authority Oetk prior to the meeting. 6) After a publk: hearing or the publk: comment portion of the meeting has been closed, no person shall address the Boanl, ALUQ and Committfies wittiout fkst oMaAiing permisston to do so. MHHiKMiM Maeiing MRNniaiioii NOTE: This information is available in iritemative formats upon request To request an Agenda in an altemative formatr or to requesta sign language or oral interpreter, or an Assistive Listening Devtoe (ALD) for tiie meeting, ptease telephone ttte Autiiority aerie's Offtoe at (619) 400-2400 at least three (3) woridng days prior to the meeting to ensure avirilabiMy. For vour convenience, the aoenda is ateo available to vou on our webdte at www.san.orf^. For those planning to attend the Board maetlim, parking Is available in ttie public parkhig tot located directly in front of the Commutet Termlmrf. Brbigyourtldrattothe third floor leceptlonlat fbr vWdatioWi You may atoo reach the Commuter Termbial by using pubiic tranelt via the San Dlego MTS syrtem. Route 992. For route and tare Information, ptoaee call the San Dlego MTS at (619) 233-3004 or 511. I^rchl Thursday 9:00 a.m. Regular Board Room April 12 Thursday 9:00 a.m. Spedal Board Room May3 Thursday 9:00 a.m. Regular Board Room SAN DIEGO OOJNTV REGIONAL AIRPORT AUTHORITY P.O. BOX 82776, SAN DIEGO. CA 92138-2776 619.400.2400 WWW.SAN.ORG January 25, 2012 Mr. Corey Funk City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92006 JAM2G 2012 pmum uePARTWEN" Re: Airport Land Use Commission Determination General Plan Amendment and Zone Reclassification to Implement McClellan- Palomar Airport-Airport Land Use Compatibility Plan, City ofCarlsbad Dear Mr. Funk: As the Airport Land Use Commission (ALUC) for San Diego County, the San Diego County Regional Airport Authority acknowledges receipt of an application for a determination of consistency for the project described above. This project is located within the Airport Influence Area (AIA) forthe 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 to complete a consistency determination. ALUC staff will proceed with review of the project and report its findings to the ALUC to issue a determination of consistency with the ALUCP within 60 days of the date of this letter. You will receive notice of the ALUC meeting which will consider your project. If you have any questions, please contact Ed Gowens at (619) 400-2244 or egowens@san.org. Sincerely, Angela Jamison Manager, Airport Planning cc: Amy Gonzalez, SDCRAA, Counsel Services Ron Bolyard - Caltrans, Division of Aeronautics Chris Schmidt, Caltrans, District 11 SAN DIEGO INTERNATIONAL AIRPORT SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY AIRPORT LAND USE COMMISSION (ALUC) MEETING NOTICE CITYOFCARLSBAD] JAN 2 6 2012 ' PROJECT/LOCATION: General Plan Amendment and Zone Reclassification to Implement McClellan-Palomar Airport-Airport Land Use Compatibility Plan, City of Carlsbad, McClellan-Palomar Airport- Airport Land Use Compatibility Plan (ALUCP) LOCAL JURISDICTION: City ofCarlsbad Mr. Corey Funk 1635 Faraday Avenue Carlsbad, CA 92006 (760) 602-4645 A public meeting on the above referenced project will be held by the San Diego County Regional Airport Authority, acting in its capacity as the ALUC for San Diego County, on February 9, 2012. The ALUC meeting will follow tlie conclusion of the Airport Authority Board meeting, which begins at 9:00 am. The meeting will be held on the Third Floor Board Room of the Commuter Terminal at San Diego Intemationai Airport; 3225 North Harbor Drive, San Diego, Califomia 92101. The meeting location is accessible via public transit. Persons are invited to attend the ALUC meeting and provide oral or written comments regarding the project. The project will be described and a staff recommendation will be given. Copies of the meeting agenda, staff report, and draft resolution will be available on the SDCRAA website http://www.san.org/sdcraa/leadership/board meetings.aspx at least 72 hours prior to the ALUC meeting. Select "Airport Land Use Commission" from the drop-down menu to see the list of items on the ALUC agenda. If you have any questions please contact Ed Gowens, at (619) 400-2244 or ego wen s(S> san. org. 1^31 SCHWARTZ HEIDEL SULLIVAN, LLP WWW.SANLAWYERS.COM TIMOTHY K. GARHELD LYNNE L. HEIDEL LAUREL LEE HYDE ROBIN M. MADAFFER WILLIAM J. SCHWARTZ, JR. KEVIN P. SULLIVAN WRITER'S EMAIL: R0BIN@SANLAWYERS.COM jCITY OF CARLSBAD JAN 24 2012 January 18, 2012 . P-M-^ ^ [PLANNING UhPARTMENT Via Electronic & U.S. Mail Mr. David de Cordova Principal Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Re: McClellan-Palomar Airport Land Use Compatibilitv Plan Dear Mr. de Cordova: We represent Kilroy Realty Corporation (Kilroy) with respects to its properties located within the Carlsbad Oaks North Specific Plan area. We received your letter dated October 20, 2011 explaining the City of Carlsbad's consideration of whether to require the Carlsbad Oaks Specific Plan area be govemed by the newly updated Airport Land Use Compatibility Plan (2010 ALUCP) for the McClellan Palomar Airport. As explained below, we object to the City's application of the 2010 ALUCP to the Carlsbad Oaks North Specific Plan area. As you know, Kilroy owns several properties located within the Carlsbad Oaks North Specific Plan area including APN 209-120-03 located on the northeast comer of Whiptail Loop and Caribou Court (Lot 4) and APN 209-120-04 located at the northeast comer of Faraday Avenue and Whiptail Loop (Lot 5). In 2008, the City approved a Planned Industrial Permit for each lot. Under the 2010 ALUCP, Lot 5 is entirely within Safety Zone 4 and a small southem portion of Lot 4 is within Safety Zone 4. The 2010 ALUCP significantly restricts the permitted uses and intensities within Safety Zone 4. These restrictions exceed those imposed by the Planned Industrial Permits and the City's land use regulations, and therefore unfairly limit Kilroy's expected uses of and operations on its properties. Additionally, the Risk Reduction Policy Objectives indentified in the 2010 ALUCP as a mechanism for increasing usage intensities are cost prohibitive. The Objectives would require significant infrastmcture improvements that are not economically feasible for Kilroy. 401 "B" STREET, SUITE 2400 • SANDEGG.CA 92101-4200 • TELEPHONE 619-696-3500 • FACSIMILE 619-696-3555 E'a13l SCHWARTZ HEIDEL SULLIVAN, LLP January 19, 2012 Page 2 We are interested in meeting with you to discuss the implications of the 2010 ALUCP on the Kilroy properties located within the Carlsbad Oaks North Specific Plan area. Please contact us at your convenience to schedule this meeting. Robin Madaffer cc: Robert Little, Kilroy Realty Don Neu, City Planner Corey Funk, Associate Planner <^^ = FILE copy' ^CARLSBAD Planning Division www.carlsbadca.gov Januarys, 2012 San Diego County Regional Airport Authority Attn: Airport Land Use Commission PO Box 82776 San Dlego, CA 92138-2776 SUBJECT: APPLICATION FOR DETERMINATION OF CONSISTENCY - GPA 10-02 AIRPORT LAND USE COMPATIBILITY Attached is a Determination of Consistency application for the City of Carlsbad's proposed Airport Land Use Compatibility amendment, project no. GPA 10-02. This proposal is City-initiated and consists of: (1) amendments to the text and maps of the General Plan Land Use, Circulation, Noise and Public Safety Elements; and 2) amendments to the text, figures and tables of the City of Carlsbad Noise Guidelines IVianual. The purpose ofthe proposed amendments is to incorporate by reference the IVIcClellan-Palomar Airport Land Use Compatibility Plan adopted on Jan. 25, 2010 (and amended Mar. 4, 2010) by the San Diego County Airport Land Use Commission (ALUC) into Carlsbad's General Plan and make other minor modifications to ensure that the General Plan and Noise Guidelines Manual are consistent with the 2010 Compatibility Plan. More specifically. Land Use Element Policy Cl (Special Planning Considerations - Airport), as amended, would require that new development within the Airport Influence Area (AIA) be consistent with applicable land use-related policies of the 2010 Compatibility Plan. This approach is similar to Carlsbad's implementation method for the previous 1994 (amended 2004) compatibility plan. The project does not change the land use or zoning designation for any property in Carlsbad, nor does it propose the physical development of any site. Additionally, the project will not impact the McClellan-Palomar Airport operations. In April/May 2011, the city submitted to ALUC staff a draft of the attached amendment for a preliminary review. ALUC staff reviewed the documents and provided comments, which have been incorporated into GPA 10-02. On January 4, 2012, the City of Carlsbad Planning Commission held a public hearing to consider the amendments proposed in GPA 10-02 and voted 6-0 in favor (one commissioner absent) to recommend approval of GPA 10-02 to the City Council. Carlsbad staff intends to schedule a public hearing with the City Council for the purpose of adopting GPA 10-02 after a favorable Determination of Consistency can be obtained from the ALUC. All changes proposed by the amendments are attached in underline-strikeout exhibits. If you have any questions about the proposed changes, please contact me at (760) 602-4645 or corev.funk(S)carlsbadca.gov. Sincerely, COREY FUMK, AICP Associate Planner Attachments: Determination of Consistency application Underline-strikeout exhibits (label "X-1" thru "X-6") General Plan consistency checklist c: Don Neu, Planning Director Dave de Cordova, Principal Planner 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © SANDIEGO COUNTY REGIONAL AIRPORT AUTHORITY Airport Land Use Commission • P. O. Box 82776 • San Diego, California 92138-2776 APPLICATION FOR DETERMINATION OF CONSISTENCY Project Address: N/A - Citywide Assessor's Parcel Number(s): N/A - Citywide Jurisdiction: Carisbad Jurisdiction Project Manager: Corey Funk Address: 1635 Faraday Ave., Carlsbad, CA 92008 Telephone number: 760-602-4645 Fax number: 760-602-8559 Email address: corey.funk@carlsbadca.gov Brief Project Description: A proposed amendment to the City of Carlsbad General Plan and Noise Guidelines Manual to ensure their consistency with the McClellan-Palomar Airport Land Use Compatibility Plan (as adopted March 4, 2010). Height of building(s) above grade: N/A Maximum feet above mean sea level: N^A Lot coverage: N/A o/g Total square footage of building space: N/A Area of property in square feet: N/A Date project was deemed complete per Govemment Code: Floor Area Ratio: N/A Attach the following docuinents to this application: (1) Property deed or title report listing current owner of record (2) Assessor's parcel map page showing property (3) FAR Part 77 determination of hazard (if applicable) (4) Project site plans with floor plans and dimensioned elevations The San Diego County Regional Airport Authority, acting in its capacity as the local Airport Land Use Commission (ALUC), reserves its right to request additional information and documents regarding any proposed project submitted for a consistency determination. The submittal shall not be deemed complete by the Authority until such time as all required documents and information, as determined by Authority staff, have been submitted and reviewed for completeness. Any determination rendered by the Authority is limited to the project plans and description submitted with this application and is not transferable to any revision of this or any similar, future project involving any change in the use, area, or height of structures as depicted and described therein. Any changes in these project characteristics subsequent to Authority review but before decision-making consideration by the local jurisdiction must be resubmitted via new application to the Authority for a new determination of consistency. As representative of the local jurisdiction named above, 1 hereby certify that I understand the foregoing statements and fiirther that this applic^on|and attached documents constitute a true and correct statement of facts to the best of my knowledge. // B Project Manager Signature: l/y^"^^ Date: ^} ^ ^ BELOW FOR STAFF USE ONLY AIA AAOZ limit RPZ FAZ APZ zone CNEL(dB): outside 60 60-65 65-70 70-75 75-80 80+ Max Elev AMSL Latitude ° ' " North Longitude ° ' " West FAA Notification Required? Y / N USMC Review Letter? Y / N Print Form KILROY REALTY CORPORATION CITYOFCARLSBAD NOV 21 2011 PUNNING DEPARTMENT Sent via E-mail and U.S. Mail November 17,2011 Mr. David De Cordova Principal Planner City of Carlsbad - Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 Re: Carlsbad Oaks North - McClellan-Palomar Airport Land Use Compatibility Plan Dear Mr. De Cordova, We are in receipt of your letter dated October 20, 2011, regarding the McClellan-Palomar Airport Land Use Compatibility Plan. We are currently reviewing the updated Airport Land Use Compatibility Plan and any impact to our real estate holdings within the Carlsbad Oaks Specific Plan area. We will get back to you with our responses, please inform us of any new public hearings or notices on the subject. Thank you. Sincerely, Robert C. Little Vice President Development Suite #550 • 3611 Valley Centre Drive • San Diego • California • 92130 • Fax (858) 523-0310 • Tel. (858) 523-0300 Techbilt Construction Corp. CITY OF CAF 3575 Kenyon St. San Diego, CA92110 Telephone (619) 223-1663 Mr. David de Cordova City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008-7314 Mailing Address P.O. Box 80036 San Diego, CA 92138 FAX (619) 223-2865 October 24, 2011 RE: Carlsbad Oaks North & the Palomar Airport Airport Land Use Compatibility Plan Dear David: Thank you for your letter about the McClellan Palomar Airport ALUCP. In past years we have examined the 1994 ALUCP with the 2004 update and the changes made by the current 2010 ALUCP and we would prefer to be govemed by the 1994 ALUCP plan. The Carlsbad Oaks North tentative map was first submitted in 1997 and it took 7 years to get our entitlements approved. Those entitlements included very heavy offsite improvement obligations including building and financing Faraday Avenue from the Vista City limit to its connection to the existing roadway at Orion Ave. During this time all of our project planning took into consideration the requirements of the existing 1994 ALUCP. The tentative map and subdivision conditions for Carlsbad Oaks North were approved in 2002 and our phase 1 final map was recorded in December 2004. It would be inequitable and an undue burden to impose the additional restrictions contained in the 2010 ALUCP upon the Carlsbad Oaks North project, and 1 respectfully request that the City follow ALUCP Policy 2.3.2(0 and treat Carlsbad Oaks North as a "Long Term Project" govemed by the requirements of the 1994 Airport Land Use Compatibility Plan. Please call if you have any questions. Sincerely, Techbilt Constmction Corp. TT:tt Enclosures Ted Tchang ^ - FILECOPY <^^!rW> CITY OF V^CARLSBAD Planning Division www.carlsbadca.gov October 20, 2011 Ted Tchang Techbilt Construction Corporation 3575 Kenyon St. Suite 200 San Diego, CA 92110 SUBJECT: MCCLELLAN-PALOMAR AIRPORT LAND USE COMPATIBILITY PLAN Dear Mr. Tchang, The City of Carlsbad is contacting property owners and/or their representatives for property within the Carlsbad Oaks North Specific Plan as amendments to land use regulations affecting properties within the plan areas are under consideration. The San Diego County Regional Airport Authority (SDCR/\A) adopted an updated Airport Land Use Compatibility Plan (ALUCP) for McClellan Palomar Airport on January 25, 2010 (subsequently amended March 4, 2010). The ALUCP established compatibility policies for noise, safety, airspace protection and overflight notification that affect properties in the vicinity of the airport. The city is required by state law to either (1) amend its general plan and other applicable regulations to be consistent with the ALUCP, or (2) overrule the ALUCP. Carlsbad is currently in process with the former. The subject of this letter is ALUCP Policy 2.3.2(f) "Long-Term Projects", which establishes that large master/specific plan projects approved prior to adoption of the current compatibility plan may be governed by the compatibility plan in effect at the time the original project was approved, provided certain criteria are met. For the Carisbad Oaks North Specific Plan, this would be the April 22, 1994 compatibility plan (subsequently amended October 4, 2004). The city has determined that the Carisbad Oaks North Specific Plan meets the criteria of "Long-Term Projects" contained in ALUCP Policy 2.3.2(f). However, the city is considering whether to require that this plan area be governed under the new ALUCP. The reason for the city's contact with you is that the safety zones and safety policies within these two compatibility plans differ and this may have implications for certain properties within the Carisbad Oaks North Specific Plan. Attached is a comparison table showing how properties are affected under the old and new compatibility plans. Both compatibility plans describe geographic areas of increased airplane crash hazards (called Safety Zones in the new plan and the Flight Activity Zone in the old plan) and limit the types of uses that are considered to be compatible in these areas. Related to the Carisbad Oaks North Specific Plan area, the primary differences between the two compatibility plans is a change in the boundary areas ofthe zones, the types of "compatible" uses in the various zones, and the establishment of floor area ratio limitations. For additional information the complete 2010 and 2004 ALUCP 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © documents can be viewed at the following link: http://www.san.org/sdcraa/airport initiatives/land use/adopted docs.aspx. We invite you to meet with us to explain the new ALUCP provisions and get your feedback regarding its applicability to new development in the Carisbad Oaks North Specific Plan. If you would like more information on this issue, please contact Corey Funk at 760-602-4645 or myself at 760-602-4604. Sincerely, DAVID de CORDOVA Principal Planner DD:CF:bd c: Don Neu, City Planner Van Lynch, Senior Planner ^orey Funk, Associate Planner File Copy Data Entry Attached: Comparison of the 2004 and 2010 Airport Land Use Compatibility Plans (ALUCP) Safety Policies Affecting Properties in Carisbad Oaks North Specific Plan o o Comparison ofthe 2004 and 2010 Airport Land Use Compatibility Plans (ALUCP) Safety Policies Affecting Properties in Carisbad Oaks North Specific Plan Property 2010 ALUCP 2004 ALUCP Lots 2, 5 Property completely in Safety Zone 4 Developable properties are outside ofthe Flight Activity Zone Lot 4 Small southern portion of property in Safety Zone 4 Developable properties are outside ofthe Flight Activity Zone Lot 6 Small western portion of property in Safety Zone 4 Developable properties are outside ofthe Flight Activity Zone Lots 1, 3, 20-27 and portions of lots 8,13, 14,15,19 Properties in Safety Zone 6 - limits very large assembly areas and power plants Developable properties are outside ofthe Flight Activity Zone See next page for relevant ALUCP Safety Compatibility Policies See attached maps show/ing airport safety zones in relation to Carlsbad Oaks North Carisbad Oaks North Specific Plan - allowed uses Professional Office Research & Development Light & Medium Industrial Industrial Support and Service uses All uses in P-M Zone Commercial Support uses (Lot 1 or 2 only) '\^^^/ Comparison ofthe 2004 and 2010 Airport Land Use Compatibility Plans (ALUCP) Safety Policies Affecting Properties in Carlsbad Oaks North Specific Plan New Safety Policies Safety Zone Compatible and Conditionally-compatible Uses* (FAR numbers shown are maximums**) Zone 4 Assembly rooms 50 to 299 people (.18 / .36 FAR). This includes meeting/conference rooms, dining halls, places of worship. Assembly rooms up to 300 - 999 people (.04 / .09 FAR). This includes meeting/conference rooms, dining halls, places of worship, auditoriums, assembly halls. Office (.64/1.28 FAR) Manufacturing/R&D (.90/1.79 FAR) Warehouse/storage (no FAR restriction) Commercial/retail/restaurant (ranges .18 / .36 to .51 / 1.01 FAR depending on intensity of uses)*** Hotels/motels excluding conference/assembly facilities (.60 / 1.19 FAR) Day Care Centers (expansion or replacement of existing centers only, establishment of new centers is prohibited) Schools (expansion or replacement of existing schools only, establishment of new schools is prohibited) Zone 6 Assembly rooms 50 to 999 people (no FAR restriction). This includes meeting/conference rooms, dining halls, places of worship, auditoriums, assembly halls. Office (no FAR restriction) Manufacturing/R&D (no FAR restriction) Warehouse/storage (no FAR restriction) Commercial/retail/restaurant (no FAR restriction) Hotels/motels excluding conference/assembly facilities (no FAR restriction) Day Care Centers Schools Oil refineries and hazardous materials (tank capacities over 10,000 gallons). Extra precautions may be necessary. Power plants, emergency communications facilities (expansion or replacement of existing facilities only, establishment of new facilities is prohibited) * Table has been summarized to include information most relevant to the Carlsbad Oaks North Specific Plan. Please see Section 3.4 of the ALUCP for a more comprehensive review of safety restrictions and compatible/incompatible uses. ** FAR = Floor Area Ratio: Gross building square footage (excluding parking garages) divided by the entire site's square footage (site area). Maximum FAR is limited to the lower number shown, unless risk reduction measures are incorporated into building design. See page 3.52 of ALUCP (Footnote 3 of Table III-2). *** Small restaurants seating fewer than 50 people in a free standing building have no FAR restriction. McClellan Palomar ALUCP 2004 Airport Compatibility Policy Map Carlsbad Oaks North Specific Plan City of Carlsbad - Palomar Airport Noise Contours and Flight Activity Zone Noise Contours j 1 Airport Flight Activity zone (FAZ) {Source: SANDAG) 60 dB CNEL |sXXX!l Runway Protection Zone {Source; SANDAG) f™™™"l 65 dB CNEL H " H Airport Influence Zone ^Swwft^^w^-^ r:'yTi.-:V:.t:-!{ T. i Xm^mmiiL-^ 70 dB CNEL ^^^n 75 dB CNEL 800 ZZI Feet McClellan Palomar ALUCP 2010 Airport Compatibility Policy Map Overflight Notification Area Safety Zones: Airport Influence Area: CZI Zone 1 L"J1."J Review Area 1 Zone 2 CLTJj Review Area 2 Zone 3 Noise Contours: Zone 4 mmm 60 dB CNEL r""! Zone 5 mnmrn 65 dB CNEL 1 jZone 6 mmmm 70 dB CNEL 751- dB CNEL SOURCE: McClellan-PalDinar Airport Land Use Compatiblity Plan, March 4,2010 Carlsbad Oaks North Specific Plan Map crealed by tHe City of Carlsbad GIS Printed 13 May 2010 Portiors of tMs DERIVED PRODUCT con lain geograpfiic information copyiigtited by SanGIS. All Righls Reserved, J:\Reque5l52010Rus\ComEconOev\PlanningW710628_11 800 Feet e A>c,_. ^ ^ FILECOPY V CARLSBAD Planning Division www.carlsbadca.gov October 20, 2011 Robert: Little Kilroy Realty Corporation 3611 Valley Center Drive, Suite 550 San Diego, CA 92130 SUBJECT: MCCLELLAN-PALOMAR AIRPORT LAND USE COMPATIBILITY PLAN Dear Mr. Little, The City of Carlsbad is contacting property owners and/or their representatives for property within the Carisbad Oaks North Specific Plan as amendments to land use regulations affecting properties within the plan areas are under consideration. The San Diego County Regional Airport Authority (SDCRAA) adopted an updated Airport Land Use Compatibility Plan (ALUCP) for McClellan Palomar Airport on January 25, 2010 (subsequently amended March 4, 2010). The ALUCP established compatibility policies for noise, safety, airspace protection and overflight notification that affect properties in the vicinity of the airport. The city is required by state law to either (1) amend its general plan and other applicable regulations to be consistent with the ALUCP, or (2) overrule the ALUCP. Carisbad is currently in process with the former. The subject of this letter is ALUCP Policy 2.3.2(f) "Long-Term Projects", which establishes that large master/specific plan projects approved prior to adoption of the current compatibility plan may be governed by the compatibility plan in effect at the time the original project was approved, provided certain criteria are met. For the Carisbad Oaks North Specific Plan, this would be the April 22, 1994 compatibility plan (subsequently amended October 4, 2004). The city has determined that the Carlsbad Oaks North Specific Plan meets the criteria of "Long-Term Projects" contained in ALUCP Policy 2.3.2(f). However, the city is considering whether to require that this plan area be governed under the new ALUCP. The reason for the city's contact with you is that the safety zones and safety policies within these two compatibility plans differ and this may have implications for certain properties within the Carisbad Oaks North Specific Plan. Attached is a comparison table showing how properties are affected under the old and new compatibility plans. Both compatibility plans describe geographic areas of increased airplane crash hazards (called Safety Zones in the new plan and the Flight Activity Zone in the old plan) and limit the types of uses that are considered to be compatible in these areas. Related to the Carisbad Oaks North Specific Plan area, the primary differences between the two compatibility plans is a change in the boundary areas ofthe zones, the types of "compatible" uses in the various zones, and the establishment of floor area ratio limitations. For additional information the complete 2010 and 2004 ALUCP 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © documents can be viewed at the following link: http://www.san.org/sdcraa/airport initiatives/land use/adopted docs.aspx. We invite you to meet with us to explain the new ALUCP provisions and get your feedback regarding its applicability to new development in the Carlsbad Oaks North Specific Plan. If you would like more information on this issue, please contact Corey Funk at 760-602-4645 or myself at 760-602-4604. Sincerely, DAVID DE CORDOVA Principal Planner DD:CF:bd c: Don Neu, City Planner Van Lynch, Senior Planner Corey Funk, Associate Planner File Copy Data Entry Attached: Comparison of the 2004 and 2010 Airport Land Use Compatibility Plans (ALUCP) Safety Policies Affecting Properties in Carisbad Oaks North Specific Plan Comparison of the 2004 and 2010 Airport Land Use Compatibility Plans (ALUCP) Safety Policies Affecting Properties in Carisbad Oaks North Specific Plan Property 2010 ALUCP 2004 ALUCP Lots 2, 5 Property completely in Safety Zone 4 Developable properties are outside ofthe Flight Activity Zone Lot 4 Small southern portion of property in Safety Zone 4 Developable properties are outside ofthe Flight Activity Zone Lot 6 Small western portion of property in Safety Zone 4 Developable properties are outside ofthe Flight Activity Zone Lots 1, 3, 20-27 and portions of lots 8,13, 14,15,19 Properties in Safety Zone 6 - limits very large assembly areas and power plants Developable properties are outside ofthe Flight Activity Zone See next page for relevant ALUCP Safety Compatibility Policies See attached maps showing airport safety zones in relation to Carlsbad Oaks North Cartsbad Oaks North Specific Plan - allowed uses • Professional Office • Research & Development • Light & Medium Industrial • Industrial Support and Service uses • All uses in P-M Zone • Commercial Support uses (Lot 1 or 2 only) Comparison ofthe 2004 and 2010 Airport Land Use Compatibility Plans (ALUCP) Safety Policies Affecting Properties in Carisbad Oaks North Specific Plan New Safety Policies Safety Zone Compatible and Conditionally-compatible Uses* (FAR numbers shown are maximums**) Zone 4 Assembly rooms 50 to 299 people (.18 / .36 FAR). This includes meeting/conference rooms, dining halls, places of worship. Assembly rooms up to 300 - 999 people (.04 / .09 FAR). This includes meeting/conference rooms, dining halls, places of worship, auditoriums, assembly halls. Office (.64/1.28 FAR) Manufacturing/R&D (.90 / 1.79 FAR) Warehouse/storage (no FAR restriction) Commercial/retail/restaurant (ranges .18 / .36 to .51 / 1.01 FAR depending on intensity of uses)*** Hotels/motels excluding conference/assembly facilities (.60 / 1.19 FAR) Day Care Centers (expansion or replacement of existing centers only, establishment of new centers is prohibited) Schools (expansion or replacement of existing schools only, establishment of new schools is prohibited) Zone 6 Assembly rooms 50 to 999 people (no FAR restriction). This includes meeting/conference rooms, dining halls, places of worship, auditoriums, assembly halls. Office (no FAR restriction) Manufacturing/R&D (no FAR restriction) Warehouse/storage (no FAR restriction) Commercial/retail/restaurant (no FAR restriction) Hotels/motels excluding conference/assembly facilities (no FAR restriction) Day Care Centers Schools Oil refineries and hazardous materials (tank capacities over 10,000 gallons). Extra precautions may be necessary. Power plants, emergency communications facilities (expansion or replacement of existing facilities only, establishment of new facilities is prohibited) * Table has been summarized to include information most relevant to the Carlsbad Oaks North Specific Plan. Please see Section 3.4 ofthe ALUCP for a more comprehensive review of safety restrictions and compatible/incompatible uses. ** FAR = Floor Area Ratio: Gross building square footage (excluding parking garages) divided by the entire site's square footage (site area). Maximum FAR is limited to the lower number shown, unless risk reduction measures are incorporated into building design. See page 3.52 of ALUCP (Footnote 3 of Table III-2). *** Small restaurants seating fewer than 50 people in a free standing building have no FAR restriction. McClellan Palomar ALUCP 2004 Airport Compatibility Policy Map Carlsbad Oaks North Specific Plan City of Carlsbad - Palomar Airport Noise Contours and Flight Activity Zone Noise Contours I I Airport Flight Activity zone (FAZ) (Source: SANDAG) f™™"™"i 60 dB CNEL Runway Protection Zone (Source: SANDAG) II 65 dB CNEL M H Airport influence Zone lL.tlt.t.,..uij '^^ ^^^^ I 75 dB CNEL 800 mFeet McClellan Palomar ALUCP 2010 Airport Compatibility Policy Map Overflight Notification Area Safety Zones: Airport Influence Area: ! 1 Zone 1 Review Area 1 Zone 2 mrJJ Review Area 2 Zone 3 Noise Contours: Zone 4 60 dB CNEL r iZone 5 mmmm 65 dB CNEL 1 1 Zone 6 mmmm 70 dB CNEL 75+ dB CNEL SOURCE: McClellan-Palomar Airport Land Use Compatiblity Plan, March 4,2010 Carlsbad Oaks North Specific Plan :• S > O Map created by *ie City of Carlsbad GIS Printed 13 Mav 2010 Portions of this DERIVED PRODUCT contain geographic mformabon copyriahted by SanGIS, All Righls Resen/ed, J:\Requesls2010Ptus\ComEconDev\PlanringVt71062e_11 800 Feet FILE COPY <# CITY OF V (CARLSBAD Planning Division www.carlsbadca.gov October 20, 2011 Grant Bryce Isis Pharmaceuticals, Inc. 1896 Rutheri^ord Road Carlsbad, CA 92008 SUBJECT: MCCLELLAN-PALOMAR AIRPORT LAND USE COMPATIBILITY PLAN Dear Mr. Bryce, The City of Carisbad is contacting property owners and/or their representatives for property within the Carisbad Oaks North Specific Plan as amendments to land use regulations affecting properties within the plan areas are under consideration. The San Diego County Regional Airport Authority (SDCRAA) adopted an updated Airport Land Use Compatibility Plan (ALUCP) for McClellan Palomar Airport on January 25, 2010 (subsequently amended March 4, 2010). The ALUCP established compatibility policies for noise, safety, airspace protection and overflight notification that affect properties in the vicinity of the airport. The city is required by state law to either (1) amend its general plan and other applicable regulations to be consistent with the ALUCP, or (2) overrule the ALUCP. Carisbad is currently in process with the former. The subject of this letter is ALUCP Policy 2.3.2(f) "Long-Term Projects," which establishes that large master/specific plan projects approved prior to adoption of the current compatibility plan may be governed by the compatibility plan in effect at the time the original project was approved, provided certain criteria are met. For the Carisbad Oaks North Specific Plan, this would be the April 22, 1994 compatibility plan (subsequently amended October 4, 2004). The city has determined that the Carisbad Oaks North Specific Plan meets the criteria of "Long-Term Projects" contained in ALUCP Policy 2.3.2(f). However, the city is considering whether to require that this plan area be governed under the new ALUCP. The reason for the city's contact with you is that the safety zones and safety policies within these two compatibility plans differ and this may have implications for certain properties within the Carisbad Oaks North Specific Plan. Attached is a comparison table showing how properties are affected under the old and new compatibility plans. Both compatibility plans describe geographic areas of increased airplane crash hazards (called Safety Zones in the new plan and the Flight Activity Zone in the old plan) and limit the types of uses that are considered to be compatible in these areas. Related to the Carisbad Oaks North Specific Plan area, the primary differences between the two compatibility plans is a change in the boundary areas ofthe zones, the types of "compatible" uses in the various zones, and the establishment of floor area ratio limitations. For additional information the complete 2010 and 2004 ALUCP documents can be viewed at the following link: http://www.san.org/sdcraa/airport initiatives/land use/adopted docs.aspx. 1635 Faraday Avenue, Carisbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® We invite you to meet with us to explain the new ALUCP provisions and get your feedback regarding its applicability to new development in the Carlsbad Oaks North Specific Plan. If you would like more information on this issue, please contact Corey Funk at 760-602-4645 or myself at 760-602-4604. Sincerely, DAVID de CORDOVA Principal Planner DD:CF:bd c: Don Neu, City Planner Van Lynch, Senior Planner Corey Funk, Associate Planner File Copy Data Entry Attached: Comparison of the 2004 and 2010 Airport Land Use Compatibility Plans (ALUCP) Safety Policies Affecting Properties in Carisbad Oaks North Specific Plan 'laT^I Comparison ofthe 2004 and 2010 Airport Land Use Compatibility Plans (ALUCP) Safety Policies Affecting Properties in Carisbad Oaks North Specific Plan Property 2010 ALUCP 2004 ALUCP Lots 2, 5 Property completely in Safety Zone 4 Developable properties are outside ofthe Flight Activity Zone Lot 4 Small southern portion of property in Safety Zone 4 Developable properties are outside ofthe Flight Activity Zone Lot 6 Small western portion of property in Safety Zone 4 Developable properties are outside ofthe Flight Activity Zone Lots 1, 3, 20-27 and portions of lots 8,13, 14,15,19 Properties in Safety Zone 6 - limits very large assembly areas and power plants Developable properties are outside ofthe Flight Activity Zone See next page for relevant ALUCP Safety Compatibility Policies See attached maps showing airport safety zones in relation to Carlsbad Oaks North Carlsbad Oaks North Specific Plan - allowed uses • Professional Office • Research & Development • Light & Medium Industrial • Industrial Support and Service uses • All uses in P-M Zone • Commercial Support uses (Lot 1 or 2 only) Comparison ofthe 2004^d 2010 Airport Land Use Compatibility Plans (ALUCP) Safety Policies Affecting Properties in Carisbad Oaks North Specific Plan New Safety Policies Safety Zone Compatible and Conditionally-compatible Uses* {FAR numbers shown are maximums**) Zone 4 Assembly rooms 50 to 299 people (.18 / .36 FAR). This includes meeting/conference rooms, dining halls, places of worship. Assembly rooms up to 300 - 999 people (.04 / .09 FAR). This includes meeting/conference rooms, dining halls, places of worship, auditoriums, assembly halls. Office (.64 / 1.28 FAR) Manufacturing/R&D (.90/1.79 FAR) Warehouse/storage (no FAR restriction) Commercial/retail/restaurant (ranges .18 / .36 to .51 / 1.01 FAR depending on intensity of uses)*** Hotels/motels excluding conference/assembly facilities (.60 / 1.19 FAR) Day Care Centers (expansion or replacement of existing centers only, establishment of new centers is prohibited) Schools (expansion or replacement of existing schools only, establishment of new schools is prohibited) Zone 6 Assembly rooms 50 to 999 people (no FAR restriction). This includes meeting/conference rooms, dining halls, places of worship, auditoriums, assembly halls. Office (no FAR restriction) Manufacturing/R&D (no FAR restriction) Warehouse/storage (no FAR restriction) Commercial/retail/restaurant (no FAR restriction) Hotels/motels excluding conference/assembly facilities (no FAR restriction) Day Care Centers Schools Oil refineries and hazardous materials (tank capacities over 10,000 gallons). Extra precautions may be necessary. Power plants, emergency communications facilities (expansion or replacement of existing facilities only, establishment of new facilities is prohibited) * Table has been summarized to include information most relevant to the Carisbad Oaks North Specific Plan. Please see Section 3.4 of the ALUCP for a more comprehensive review of safety restrictions and compatible/incompatible uses. ** FAR = Floor Area Ratio: Gross building square footage (excluding parking garages) divided by the entire site's square footage (site area). Maximum FAR is limited to the lower number shown, unless risk reduction measures are incorporated into building design. See page 3.52 of ALUCP (Footnote 3 of Table III-2). *** Small restaurants seating fewer than 50 people in a free standing building have no FAR restriction. McClellan Palomar ALUCP 2004 Airport Compatibility Policy Map ^^^^ City of Carlsbad - Palomar Airport Noise Contours and Flight Activity Zone Noise Contours j | Airport Flight Activity zone (FAZ) (Source: SANDAG) {" """1 60 dB CNEL Ki^<^XXj) Runway Protection Zone (Source: SANDAG) f""""1 65 idB CNEL P ' H Airport Influence Zone L,i.llll.-I ™ '^^ Carlsbad Oaks North Specific Plan 800 ZZjFeet McClellan Palomar ALUCP 2010 Airport Compatibility Policy Map Overflight Notification Area Safety Zones: Airport Influence Area: |,~7J Zone 1 Review Area 1 Zone 2 Review Area 2 Zone 3 Noise Contours: Zone 4 mattim 60 dB CNEL p'""v'l Zone 5 mmmt 65 dB CNEL 1 jZone 6 >»» 70 dB CNEL 75+ dB CNEL SOURCE: McClellan-Palomar Airport Land Use Compatiblity Plan, March 4,2010 Carlsbad Oaks North Specific Plan Map created by the City of Carlsbad GIS Prinled la Mav 2010 Portions of Ihis DERIVED PRODUCT contain geographic mformabon copyrrahled by SanGIS. All Rights Reserved, J:^R8ql^ests2010P(l^s\Comeco^Dev^Plan^ing^4710628_11 800 Feet 11X17 map versions of exhibits found in staff report Included maps: • 11X 17 version of Exhibit 5 • Connpatibility Policy Map: Noise o See Exhibits X-3, X-4 and X-6 • Compatibility Policy Map: Safety o See Exhibit X-4 • Compatibility Policy Map: Part 77 Airspace Protection o See Exhibit X-4 • Compatibility Policy Map: Airport Influence Area o See Exhibits X-4 and X-6 • Avigation Easement and Overflight Notification Areas o See Exhibits X-4 and X-6 Please note that all maps above except the llx 17 version of Exhibit 5 are shown as they appear in the McClellan-Palomar Airport Compatibility Land Use Plan. Proposed General Plan Land Use Map amendments Exhibit X-S GENERAL PLAN LAND USE MAP City of Carlsbad 7^. LEGEND • [E] ELEMENTARY SCHOOL H[H] HIGH SCHOOL •i[Hq CONTINUATION SCHOOL H[J] JUNIOR HIGH SCHOOL • [P] PRIVATE SCHOOL •i[PI] PLANNED INDUSTRIAL H[G] GOVERNMENTAL FACILITIES •i[OS] OPEN SPACE • [U/^ UNPLANNED AREAS • [Tq TRANSPORTATION CORRIDOR npj) PUBLIC UTILITIES C=][CF] COMMUNITY FACILITIES COMMERaAL a[R] REGIONAL COMMERCIAL • [L] LOCAL SHOPPING CENTER • P'-R] TRAVEL/RECREATION COMMERCIAL H[0] OFFICE & RELATED COMMERCIAL •i[Vl VILLAGE RESIDENTIAL • [RL] LOW DENSITY (0-1.5 du/ac) ••[RLM] LOW-MEDIUM DENSITY (0-4 du/ac) ••[RM] MEDIUM DENSITY (4-8 du/ac) S PRIME ARTERIAL E3 MAJOR ARTERIAL E3 SECONDARY ARTERIAL B COLLECTOR STREET Q RAILROAD E3 BEACH OVERLAY ZONE B COASTAL ZONE • [RMH] MEDIUM-HIGH DENSITY (8-15 du/ac) gJ^wiH N ii, i IHI-LULUCLAK& AIRPORTINFLUENCE AREA C=1[RH] HIGH DENSITY (15-23 du/ac) LftJ SPECIAL RESOURCE AREA yooOOt REVIEW AREA 1 iUtm RE VIE WARE A 2 lrtorii«(r<>r«>«i<}b«vMrti«dbf CMjrDl Carlitod Rimang D«pwlr^rt CHAPTER 3 McCLELLAN-PALOMAR AIRPORT POLICIES AND MAPS AIRPORT LAND USE COMMISSION SAN ^ I E C O O U N T V LEGEND Airport Property Boundaiy Parcel Line Highways - — - Municipal Boundary Noise Exposure Range I I 60-65 dB CNEL I I 65-70 dB CNEL I 70 - 75 dB CNEL 75 + dBCNEL Future Average Annual Day (792 Operations) north 3,000 ft. Notes: 1. See Table III-1 for criteria applicable wittiin eacti noise exposure range. 2. CNEL = Community Noise Equivalent Level. Sources: Parcels - San Diego Geographic Information Source (SanGIS), 2008; Noise Contours - Harris, Miller, MilterS Hanson, December 2X)6. Prepared by: Ricondo & Associates, Ix., October 2009. Exhibit 111-1 Compatibility Policy Map: Noise McClellan-Pabmar Airport Land Use Compatibility Plan March 4. 2010 CHAPTER 3 McCLELLAN-PALOMAR AIRPORT POLICIES AND MAPS AIRPORT LAND USE COMMISSION SAN DIEGO COUNTV LEGEND Airport Property Boundary Parcel Line Highways - — - Municipal Boundary (Q Existing HeliportWelipad Safety Zones Zone 1 - Runway Protection Zone 3 Zone 2-Inner/\pproach/DepartureZone ] Zone 3 - Inner Tunning Zone 3 Zone 4-Outer/\pproach/Departure Zone "1 Zone 5 - Sideine Zone 2 Zone 6 - Traffic Pattern Zone north 3,000 ft. Note: See Table III-2 for criteria applicablewithineachsafety zone. Sources: Parcels - San Diego Geographic Infomiation Source (SanGIS), 2008; Safety Zones - Mead & Hunt, Inc., 2008. Prepared by: Ricondo & Associates, Inc., October2009. Exhibit III-2 Compatibility Policy Map: Safety McClellan-Palonfiar Airport Land Use Compatibility Plan March 4, 2010 CHAPTER 3 McCLELLAN-PALOMAR AIRPORT POLICIES AND MAPS APPROACH SURFACE 7:1 TRANSITIONAL SURFACE PRIMARY SURFACE HORIZONTAL SURFACE RUNWAY TYPICAL PART 77 OBSTRUCTION SURFACES ANY OBJECT > 200' AGL ANYWHERE 100:1 RUNWAY TYPICAL HEIGHT NOTIFICATION DIAGRAM 1 \ \ r \ \ \ 1 CItyc Oceanside 681 S (-1 / L.'' Unincorporated San Diego County ^ .r' ) Oiy of Vista \ Pacific Ocean A \ City of San Marcos I ,^ City of Escondi^ ^) 1 I X J I ^ ' ] '•'H _U., Unincorporated SanDiego Portions of this DERIVED PROCXJCT contain geographic informalion copyrighted by SanGIS. Al Rights Reserved. \ City of Bncinltas , ' -* \ \ , llnincorporate I San Dieoo I I County \ (} AIRPORT LAND USE COMMISSION SAN DIEGO COUNTV LEGEND Roads Highways Municipal Boundary Airport Boundary Topographic Contours (200-foot Interval) Terrain Penetrations to Airspace Surfaces Airspace Protection Surfaces F/\A Height Notiflcatbn Boundary Part 77 Airspace Surfaces north 8,000 ft. Notes: 1. Part 77 = Federal Aviation Regulations (14 Code of Federal Regulations) Pari 77. 2. Airport elevation Is 331 feet above mean sea level (MSL), 3, FAA Height Notification Boundary: The boundary extends 20,000 feet from ttie nearest point of any oinway. Within the boundary, Part 77, Subpart 8 requires that the FAA be notified of any proposed construction or alteraten having a height greater than an Imaginary surface extending 100 feet outward and 1 foot upward (slope of 100 to 1) from the runway elevation. Outside the boundary, the FAA must be notified of any proposed construction or alteration having a height greaterthan 200 feet above ground level (AGL). Sources: Roads - San Dlego Association of Govemments (SANDAG), 2006; Topographic Contours - SANDAG, 2006; Part 77 Surfaces - Ricondo & /Associates, Inc. 2009; Federal Aviation Regulations (14 Code of Federal Regulations) Part 77, Objects Affecting Navigable Airspace. Prepared by: Ricondo & /Associates, Inc., October 2009. Exhibit III-3 Compatibility Policy Map: Part 77 Airspace Protection McClellan-Palomar Airport Land Use Compatibility Plan March 4 2010 CHAPTER 3 McCLELLAN-PALOMAR AIRPORT POLICIES AND MAPS Pacific Ocean AIRPORT LAND USE COMMISSION SAN DtEGO COUNTV LEGEND Airport Property Line Roads Municipal Boundary Airport Influence Area I I RevewAreal I I Revew Area 2 north 8,000 ft. Note: Real estate disclosure required in the entre Airport Influence Area (see Pdcy 3.6.2). Sources: Roads • San Diego Association of Ckvernments (SANDAG), 2006. Airport Influence Area - Mead & Hunt, Inc., 2008. Prepared by: Ricondo & Associates, Inc., October 2009. Exhibit III-5 Compatibility Policy Map: Airport Influence Area McClellan-Palom&- Airport Land Use Compatibility Plan March 4. 2010 CHAPTER 3 McCLELLAN-PALOMAR AIRPORTPOLICIES AND MAPS Note: As a condition of the approval of applkiable development projecis, property owners shall dedicate an avigation easement to the airport operator, see Policy 2.11.5. Applicable projects include: (1) all projects within the mnway protection zone, Safety Zone 1; (2) conditional uses within the 65 dB CNEL contour and higher; (3) uses proposed on sites where the ground penetrates a Part 77 airspace surface; and (4) projects where proposed structures, trees, or other objects would be obstructions, accotding to the FAA Areas where the first two conditions woukJ apply are shown in this exhibit Areas where the third condition would apply will vary depending on the specific project proposal and the findings ofthe F/Ws Fom 7460-1 aeronautical study process. Sources: Parcels - San Diego (3eographic Information Source (SanGIS), 2008; Roads and Highways - SANDAG, 2008. Prepared by: Ricondo & Associates, Inc., January 2010. Exhibit III-6 Avigation Easement and Overflight Notification Areas McClellan-Palomar Airport Land Use Compatibility Plan March 4. 2010 4W CITY OF V^CARLSBAD Planning Division FILE COPY www.carlsbadca.gov January 5, 2012 City of Carlsbad 1635 Faraday Av Carlsbad CA 92008 PLANNING COMMISSION NOTICE OF DECISION SUBJECT: GPA 10-02 - AIRPORT LAND USE COMPATIBILITY At the January 4, 2012 Planning Commission meeting, your application was considered. The Commission voted 6-0-1 to recommend approval your request. The decision of the Planning Commission is advisory and will be forwarded to the City Council. If you have any questions regarding the final dispositions of your application, please contact your project planner Christer Westman at (760) 602-4614 or corev.funk@carlsbadca.gov. Sincerely, DON NEU, AICP City Planner DN:CF:bd c: Data Entry File enc: Planning Commission Resolution No. 6855 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 0 ERRATA SHEET FOR AGENDA ITEM #3 <^/j^> CITY OF ^ CARLSBAD Memorandum January 4, 2012 To: Planning Commission From: Corey Funk, Associate Planner Via Don Neu, City Planner Re: Errata Sheet for Agenda item #3 - GPA 10-02 - Airport Land Use Compatibility Staff is recommending that the Planning Commission include the following revisions: On Page 3 of the staff report, under "Overrule of the ALUC", the fourth bullet point incorrectly states that approval of a proposed overrule requires a 4/5ths majority of the City Council. The bullet point should correctly read "2/3rds" instead of "4/5ths". Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax