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HomeMy WebLinkAbout2012-01-04; Planning Commission; ; GPA 10-02 - AIRPORT LAND USE COMPATIBILITYThe City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. © Application complete date: N/A P.C. AGENDA OF: January 4, 2012 Project Planner: Corey Funk Project Engineer: N/A SUBJECT: 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). I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6855 RECOMMENDING APPROVAL of GPA 10-02 based on the findings contained therein. II. INTRODUCTION 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 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 (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 Compatibility Plan. IIL PROJECT DESCRIPTION AND BACKGROUND Bacliground State legislation (Public Utilities Code Sections 21670 - 21679.5) provides for the creation of an ALUC, requires the preparation and adoption of compatibility plans for each public-use and military airport (with certain exceptions), and requires each local jurisdiction to modify their general plan to be consistent with the proposed compatibility plan or to take the steps necessary to overrule it. The San Diego County Regional Airport Authority, acting in its capacity as the ALUC for the County of San Diego, adopted the Compatibility Plan for McClellan-Palomar Airport on January 25, 2010 (it was subsequentiy amended on March 4, 2010). This updated Compatibility Plan supersedes the one in place since 1994 (amended 2004). The basic function of the Compatibility Plan is to promote compatibility between McClellan- Palomar Airport ("Airport") and the land uses that surround the Airport and, as such, the Compatibility Plan includes specified limitations and conditions on the future developrnent of new residential, commercial and other sensitive uses surrounding the Airport. The Compatibility GPA 10-02 - AIRPORT LAND USE COMPATIBILITY January 4, 2012 Page 2 Plan consists of several components, including the provision of airport information, compatibility policies and criteria, compatibility zone maps, procedural polices, and land use information. The compatibility policies primarily address issues of noise, safety, airspace protection and overflight notification that affect properties in the vicinity of the airport. Project Description In order to ensure that new development within the airport's vicinity occurs consistent with the Compatibility Plan, GPA 10-02 proposes to (1) incorporate the Compatibility Plan by reference into the General Plan, and (2) make other amendments to the General Plan and Noise Guidelines Manual to implement the policies of the 2010 Compatibility Plan. This approach is similar to Carlsbad's implementation method for the compatibility plan in place since 1994 (amended 2004). 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. Under the Califomia State Aeronautics Act, the ALUC has the sole authority to adopt the Compatibility Plan and conduct compatibility reviews, but it is the responsibility of local agencies to implement the compatibility policies through their land use authority. Land use actions within an airport influence area are subject to compatibility review by the ALUC until the local agency has revised its general plan to be consistent with the airport's compatibility plan. However, after a local agency's general plan is found by ALUC to be consistent with the Compatibility Plan, the ALUC will no longer have authority to review land use actions (except for legislative actions such as the adoption, approval or amendment of the general plan). Therefore, with adoption of GPA 10-02, and subsequent ALUC consistency finding, the authority to review development projects for consistency with the Compatibility Plan, as well as the enforcement of the document's compatibility policies, is transferred to the city (except for legislative actions as noted above). For both the 1994 (amended 2004) and 2010 compatibility plans, the primary compatibility planning principles are the same; however, the specific policies of each document differ somewhat (see below for a summary comparison). • Noise - To address exposure to aircraft noise, both plans described airport noise exposure ranges ("noise contours") and contain policies that limit the establishment of new sensitive land uses (ie. residential, schools, etc.) within the noise contours. The 2010 plan updates the boundaries of these noise contours as well as the list of allowed uses within the noise contours. • Safety - To address safety for both people on the ground and in aircraft, both plans described crash hazard zones near the airport and contain policies that limit the establishment of new land uses that could substantially increase the number of people within the hazard zones. The 1994 (amended 2004) compatibility plan utilized a "Runway Protection Zone" and "Flight Activity Zone", and generally limited the types of land uses within the zones, such as a prohibition of uses that involve the assembly of large groups of people. The 2010 Compatibility Plan utilizes "Safety Zones," which are numbered 1 - 6, and includes a table with an expanded list of uses for each safety zone and criteria for their establishment. GPA 10-02 - AIRPORT LAND USE COMPATIBILITY January 4, 2012 Page 3 Airspace Protection - To ensure that structures and other uses do not cause hazards to aircraft within the airport vicinity through the physical obstruction of navigable airspace, both plans require referral of applicable development projects to the Federal Aviation Administration for Part 77 review. Overflight - To address aircraft overflight annoyance, both plans require notification for all property within the Airport Influence Area. The 2010 Compatibility Plan updates the boundaries of the Overflight Notification Area. Overrule of the ALUC Various sections of the airport land use commission statutes provide for local agencies to overrule ALUC decisions on land use matters. The overruling process involves four mandatory steps: • At least 45 days prior to any decision to overrule the commission, the local agency must provide the local ALUC and the Division of Aeronautics a copy of the proposed decision and findings; • The holding of a public hearing; • The making of specific findings that the action proposed is consistent with the State Aeronautics Act; • Approval of the proposed action by a 4/5ths majority of the City Council. The city may overrule (1) whole section(s) of the ALUCP or the ALUCP itself, or (2) overrule ALUCP policies on a project by project basis. On several occasions the City Council has voted to overrule the ALUCP noise compatibility policies as they apply to a particular development project, but it has not been the practice of the city to overrule an ALUCP safety compatibility policy. It is important to note that according to state law, if a local agency overrules an ALUC, the agency operating the airport "shall be immune from liability for damages to property or personal injury caused by or resulting directly or indirectly from the public agency's decision to override the commission's action or recommendation" (Sections 21678 and, with slightly different wording, 21675.1(f)). The law does not indicate who will become liable under these circumstances. Other notable policies of the 2010 ALUCP • Policy 2.3.2(d) Subsequent review of projects found consistent: A project found consistent with the ALUCP in effect at the time the project was originally approved shall not be subject to further review under the 2010 ALUCP unless the project changes in a substantive manner. Policy 2.3.2(f) Long-Term Project: Outside of certain exceptions, a long-term project, such as a master plan or large subdivision which consists of several phases, 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 action for the original long-term project was issued by the local agency. GPA 10-02 - AIRPORT LAND USE COMPATIBILITY January 4, 2012 Page 4 Carlsbad has two areas that qualify as a long term project: The Bressi Ranch Master Plan and the Carlsbad Oaks North Specific Plan. This policy allows the option for these areas to build out under the policies ofthe 1994 (amended 2004) ALUCP. • Policy 2.1 Ll Infill: Where land uses not in conformance with the criteria set forth in 2010 ALUCP exist in one area at the time of 2010 ALUCP adoption, infill development of a similar land use may be allowed in that area even if the proposed new land use is otherwise incompatible with the 2010 ALUCP. • Policy 2.11.2 Nonconforming and Policy 2.11.3 Reconstruction: Except for certain limitations, a nonconforming use may be reconstmcted or expanded as long as the use is not intensified. This policy applies to existing uses that are compatible with the 1994 (amended 2004) ALUCP but not with the 2010 ALUCP. IV. ANALYSIS For a specific description of each proposed amendment and its associated analysis, please see the strike-out and underline version of the amendments (Attachment 1, Exhibits "X-1" through "X- 6") and the amendment summary table (Attachment 2). A. General Plan The proposed amendments are consistent with the general plan in that they implement existing general plan policy and do not conflict with any other portion of the general plan. Furthermore, a general plan must be consistent with state law, and the proposed amendments accomplish this for Carlsbad's General Plan. The amendments are consistent with the following Land Use Element goals and policies: TABLE A - GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM COMPLY Land Use Special Planning Considerations - Airport, Goal: A city which maintains land use compatibility between the McClellan-Palomar Airport and surrounding land uses. Yes Land Use Special Planning Considerations - Airport, Policy C.2: Coordinate with the San Diego Association of Governments' and the Federal Aviation Administration to protect the public health, safety and welfare by ensuring the orderly operation of the Airport and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within the areas around the airport Yes Noise Airport, Goal: A city that achieves long-term compatibility between the airport and surrounding land use. Yes Now the San Diego County Regional Airport Authority, acting as the ALUC. GPA 10-02 - AIRPORT LAND USE COMPATIBILITY January 4, 2012 Page 5 TABLE A - GENERAL PLAN COMPLIANCE CONTINUEI ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM COMPLY Noise Airport, Policy Cl: Encourage the development of compatible land uses and restrict incompatible land uses surrounding airport facilities. Yes Public Safety Airport Hazards, Goal: A city which minimizes noise and safety hazards within areas around the airport. Yes Public Safety Airport Hazards, Objective: To ensure that development in the Airport Influence Area occurs in compliance with relevant adopted policies. Yes Public Safety Airport Hazards, Policy C.2: Comply, to the extent possible and consistent with City noise and land use policies, with the requirements and recommendations of the Regional Airport Land Use Commission and the Federal Aviation Administration regarding development proposals within the Airport Influence Area. Yes B. Zoning Ordinance and Local Coastal Program Consistency The proposed amendments incorporate by reference the Compatibility Plan into various elements of the General Plan and Noise Guidelines. 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 Compatibility Plan. By law, these policies cannot authorize a use not otherwise allowed in the Zoning Ordinance or General Plan, nor can they permit land use densities or intensities that exceed the city's regulations. They may, however, limit certain uses, reduce the size and scale of a project, or impose other project-specific conditions. New development projects within the AIA must also conform to the Zoning Ordinance. Conflicts that may arise between Compatibility Plan policies and Zoning Ordinance standards are resolved by applying the more restrictive provisions. In this manner, consistency among the Zoning Ordinance, Compatibility Plan, and General Plan is maintained. In addition, staff has analyzed the proposed amendments and finds that they do not create any conflicts with the Local Coastal Program. The LCP is a land use planning document containing special policies and regulations that supplement other city regulations, and together with city plans and policies, govern development in the coastal zone. The LCP policies primarily address coastal issues, such as shoreline access and protection of sensitive resources. However, no policies of the LCP are affected, nor are any conflicts created by the proposed general plan amendments. V. ENVIRONMENTAL REVIEW 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 activity in question may have a significant effect on the environment." GPA 10-02 - AIRPORT LAND USE COMPATIBILITY January 4, 2012 Page-6 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 city's action does not enact the regulations established by the ALUCP, as these have 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 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 the existing ALUCP will not result in a significant effect on the environment. ATTACHMENTS: 1. Planning Commission Resolution No. 6855 (GPA 10-02) with Exhibits "X-1" - "X-6" 2. Summary table of proposed amendments Ref# Proposed Amendment Discussion/Analysis Affected Document and Policy c 3 3 tu n o o •o o l/l (0 Q. <u 3 re 3 Q. 3 re 3 1. Terminology Updates: the proposed amendments correct outdated terms relating to the airport compatibility plan document title and Airport Land Use Commission function. The former title for the compatibility plan document that was originally adopted in 1994 was "Comprehensive Land Use Plan for McClellan- Palomar Airport". This title was replaced in the 2004 update of that document with "McClellan- Palomar Airport Land Use Compatibility Plan"; however, the General Plan was not updated to reflect this title change. State law provides for the establishment of an ALUC, a function which the San Diego Association of Governments performed at the time the 1994 compatibiiity pian was adopted. This function now rests with the San Diego County Regional Airport Authority. Land Use Element sections: - II.D.4 - III. Special Planning Considerations-Airport Circulation Element section: - II. Air Transport Noise Element sections: - II.A.2 - Ill - IV. Airport C.2 - IV. Airport C.5 Public Safety Element sections: - II.G - III. Airport Hazards Cl - III. Airport Hazards C.2 Noise Guidelines Manual sections: - Summary, p. i - IV.A.2 - IV.A Table IV-2 - IV.B - IV.B Figure IV-1 - VIII General updating, enhancing or clarification of text language. Amendments are proposed to replace outdated text and to generally enhance or clarify text related to the airport and review procedures for projects subject to the requirements of the ALUCP. Land Use Element sections: - II.D.4 - III. Special Planning Considerations-Airport Noise Element sections: - II.A.2 - Ill - IV. Airport C.5 Public Safety Element section: - II.G r> 3-3 re 3 r* Ref # Proposed Amendment Discussion/Analysis Affected Document and Policy c 3 3 Oi •5 at re o o •a o «/) re Q. a 3 re 3 Q. 3 re 3 Noise Guidelines Manual sections: - Summary, p. ii - IV.A.2 - IV.A Table IV-2 - IV.B - IV.B Figure IV-1 - IV.B Figure IV-2 - IX.A 3. Map updates: amendment proposes to delete outdated maps from the 2004 ALUCP and replace them with new maps from the 2010 ALUCP. Replaces maps no longer in effect with current ALUCP compatibility policy maps relating to noise, safety, airspace protection and property notifications. Noise Element section: - V. Maps. Map 3 Public Safety Element section: - IV. Maps. Map 4 Noise Guidelines Manual sections: - Summary, p. V - IX.E General Plan incorporation of ALUCP by reference: amendment proposes to add language to the General Plan and Noise Guidelines Manual that requires all future applicable development projects within the Airport Influence Area to comply with the 2010 ALUCP compatibility policies. In order for the General Plan to be consistent with the ALUCP, it must incorporate the ALUCP and its compatibility policies by reference. It does this by stating that all future applicable development projects must comply with the ALUCP compatibility policies in order to be found in compliance with the General Plan and Noise Guidelines Manual. This is not a change from past practice, but rather a replacement ofthe reference to the 2004 ALUCP with a reference to the 2010 ALUCP. Land Use Element section: - III. Special Planning Considerations-Airport Noise Element sections: - 11.2 - IV. Land Use C.5 Public Safety Element sections: - II.G - III. Airport Hazards C.3 Noise Guidelines Manual sections: - Summary, p. ii - IV.A.l - IV.A.2 - IV.A Table IV-2 tu r> 3-3 re 3 Nl 5. Add language to describe safety policies, safety zones, compatibility policy maps, and procedures for property notification and avigation easements. Amendment proposes to add language that elaborates on the policies and compatibility maps of the ALUCP. Public Safety Element section: - II.G Ref# Proposed Amendment Discussion/ Analysis Affected Document and Policy 6. Update airport description information and flight data. Amendment proposes to replace outdated (1994) descriptive information about the airport and flight data with more current information and data from the 2010 ALUCP. Public Safety Element section: - II.G 7. Update General Plan language regarding the airport classification of McClellan- Palomar Airport. The general plan describes the airport as a "general aviation" facility; however, the 2010 ALUCP describes it as a "commercial service" facility according to Federal Aviation Administration classification. Modifications are proposed to the General Plan to accurately describe the airport's FAA classification. Circulation Element section: - I.D, II. Air Transport Land Use Element section: - II.C.5 Noise Element section: - II.A.2 Public Safety Element section: - II.G 8. Add new policy to the Noise Element requiring new nonresidential development to comply with the noise compatibility policies of the 2010 ALUCP. A new General Plan policy is proposed to require nonresidential development to comply with the noise compatibility policies ofthe 2010 ALUCP. This is not a change from existing city practice; however, this practice was not clearly stated in the General Plan. Both the 2004 and 2010 ALUCPs require both residential and nonresidential development to comply with their respective noise compatibility policies. Noise Element section: - IV. Airport C.6 9. Clarify that the "Fly Friendly Program" contains procedures for abatement of aircraft noise. Existing policy Airport C.5 incorrectly states that the 2004 ALUCP contains procedures for abatement of aircraft noise. These procedures exist in the Fly Friendly Program. Noise Element section: - IV. Airport C.5 10. Clarify that in the event that the City Council overrides the ALUCP noise policies, the City Council must find that the override is consistent with the state airport land use planning statutes. State law requires overrides of an ALUCP by a local jurisdiction to be found consistent with state airport land use planning statutes. The amendment is proposed for consistency with this requirement. Land Use Element section: - II.D.4 11. Insert findings to be used for a City Council override of ALUCP noise policies for non- residential projects. The findings used are added to the Noise Guidelines Manual to increase usability ofthe document. No change is proposed for the findings. Noise Guidelines Manual section: - Summary, p.ii c 3 3 IU re o o T3 O V) re Q. 0) 3 re 3 Q. 3 re 3 tu O 3-3 re 3 r+ M Ref # Proposed Amendment Discussion/Analysis Affected Document and Policy 12. Delete repetitive and unnecessary items. This amendment is proposed to increase the usability ofthe Noise Guidelines Manual document. Noise Guidelines Manual section: - Summary, p.vi - IV.B 13. Insert standard findings and conditions into the Noise Guidelines Manual This amendment proposes to insert existing standard findings and conditions into the Noise Guidelines Manual forthe purpose of document usability (the list in the manual is incomplete when compared to current practice). No changes are proposed for the findings and conditions. Noise Guidelines Manual section: - VII 14. Amend Noise Element Policies that exist in the Noise Guidelines Manual. The Noise Guidelines Manual contains a copy of selected policies from the General Plan Noise Element. Changes made to Noise Element policies must also be reflected in the Noise Guidelines Manual. Noise Guidelines Manual section: - II, Noise Element Policies 15. Replace outdated state building code noise regulations with current regulations. The Noise Guidelines Manual contains an excerpt of noise regulations from the state building code, which are outdated. This amendment proposes to replace these outdated regulations with current ones. Noise Guidelines Manual section: - VII 16. Recorded Noise Forms: replace outdated notice of airport noise forms used for recordation on affected property titles with new forms suggested by ALUC. The proposed forms are provided by ALUC and reflect more current conditions. Both the 2004 and 2010 ALUCPs require all new residential properties within the Airport Influence Area to record a notice of airport noise on the property title. This is not a change from the past practice of the city. Noise Guidelines Manual section: - IX.I c 3 3 tu re o o TJ O re a. tu 3 re 3 O. 3 re 3 tu o 3-3 re 3 N) CITY OF ^ CARLSBAD ERRATA SHEET FOR AGENDA ITEM #3 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". 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