2024-04-23; City Council; 05; Request to Initiate a General Plan Amendment, Zoning Code Amendment and Local Coastal Program Amendment for New or Expanded Airport Uses at the McClellan Palomar Airport

CA Review ___AF___
Meeting Date: April 23, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Mike Strong, Assistant Director of Community Development [email protected], 442-339-2721
Subject: Request to Initiate a General Plan Amendment, Zoning Code Amendment and Local Coastal Program Amendment for New or Expanded Airport Uses at the McClellan-Palomar Airport
District: 2
Recommended Action
Adopt a resolution of intention authorizing the processing of a General Plan amendment, Zoning Code amendment and Local Coastal Program amendment to specify and clarify code requirements and permit review procedures for new or expanded airport uses, or where there is an acquisition of property beyond the current boundaries of an airport (Exhibit 1).

Executive Summary
The city received a request from the Chatten-Brown Law Group representing the Citizens for a Friendly Airport (Exhibit 2) on Jan. 2, 2024, requesting the reinitiation of a Zoning Code amendment associated with the McClellan-Palomar Airport. The group is seeking to collaborate with the city to specify and clarify the city’s code requirements and permit review procedures for new or expanded airport uses, in accordance with the 1978 annexation agreement between the city and County of San Diego, as detailed in the San Diego Superior Court’s ruling in Citizens for a Friendly Airport v. County of San Diego.

The City Council considered the request at its meeting on Feb. 27, 2024, an d approved a motion directing staff to review and investigate the requests from Citizens for a Friendly Airport, and to bring back for a future agenda item for discussion, within 60 days with an analysis, any steps, potential costs and the timing to implement the proposals.

This staff report responds to this City Council direction.

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Explanation & Analysis
Background
The McClellan-Palomar Airport is
owned and operated by the County of
San Diego and located north of
Palomar Airport Road between College
Avenue and El Camino Real. The
single-runway airport opened as the
Palomar Airport in 1959 after county
officials decided to replace the Del
Mar Airport.

The airport was annexed to the City of
Carlsbad in 1978 and renamed the
McClellan-Palomar Airport in 1982. Today, the airport has approximately 300 aircraft based there and accommodates 140,000 takeoffs and landings annually, for aircraft ranging in size from small propeller aircraft to smaller corporate and commercial business jets that can accommodate up to 20 passengers. The runway length is currently 4,897 feet.

Since its opening, the airport has been a topic of concern for many residents due to the noise generated by the aircraft and the potential safety issues related to aircraft accidents. Additional concerns have been raised over the county’s expressed interest in expanding the airport to address safety concerns and accommodate more air traffic and larger commercial aircraft.

In response, the city initiated efforts to influence and condition growth of the airport in a variety of ways, including through annexation and issuance of a conditional use permit (CUP- 172, approved by Planning Commission Resolution No. 1699, Exhibit 3). In addition, the City Council amended the city’s municipal code in 1980 to include Section 21.53.015, which requires an affirmative public vote before the City Council can take any legislative action necessary to authorize expansion of the airport.1
Aside from the county needing to obtain city approvals, it also needs to follow the guidance of the Federal Aviation Administration, or FAA, to prepare an airport master plan. This plan is a comprehensive planning document describing the airport’s future use and facility development over a 20-year period.

An airport master plan for the airport was completed in 1997. It anticipated continued growth of aircraft operations over the 20-year planning horizon of the document. The 1997 Airport Master Plan projected that by 2015 the airport would have approximately 610 based aircraft and approximately 260,000 annual takeoffs and landings annually. As a result, the 1997 Airport Master Plan identified several improvements that would be needed to meet this anticipated growth, including extending the existing runway to support a larger fleet of business jets and larger aircraft. While it was necessary for scheduling and budgeting purposes for the county to

1 This Municipal Code section was proposed by initiative petition and adopted by the City Council without submission to voters. It may not be repealed or amended without voter approval.

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MCC/e/lan-Pa/ornar
Airport :

be focused on the timing of airport expansion, the 1997 Airport Master Plan indicated that the actual need and specific timing for new facilities would be established by levels of activity.

The county initiated work on a comprehensive update to the airport master plan in 2014, which was referred to as the McClellan-Palomar Airport Master Plan Update. This update proposed designing airport functional elements to support a larger fleet of business jets and larger aircraft, which again would include an extension of the existing runway.

In 2018, as the update was being developed, the city, initiated a multi-pronged approach to address mounting community concerns regarding the airport expansion, including conducting a review of city policies and regulations related to airport uses. Following that review, on Oct. 16, 2018, the City Council directed staff, to initiate an amendment to its zoning ordinance to allow airport and airport supporting uses with approval of a conditional use permit only within the airport’s property boundaries (Exhibit 4).
2 Just prior to that City Council direction, on Oct. 10, 2018, the County of San Diego Board of Supervisors adopted the McClellan-Palomar Airport Master Plan Update and its final program environmental impact report. The Citizens for a Friendly Airport, responded by filing a lawsuit against the county on Nov. 6, 2018, challenging the county’s decision and the adequacy of the final program environmental impact report. On Dec. 6, 2018, the city filed its own lawsuit against the county also challenging the adequacy of the final program environmental impact report.

Following settlement discussions, the city and the county entered into a mutual cooperation and settlement agreement on March 28, 2019. This agreement provided for cooperation between the two agencies concerning the Master Plan Update, dismissal of the city’s lawsuit and abandonment of the Zoning Code amendments. The City Council formally approved the agreement on May 7, 2019, through the adoption of City Council Resolution No. 2019-060 (Exhibit 5).

After the ap proval of the settlement agreement, the City Council approved two resolutions on Sept. 19, 2019: City Council Resolution No. 2019-178 (Exhibit 6) and City Council Resolution No. 2019-179 (Exhibit 7).
• Resolution No. 2019-178 formally opposed the county’s selected Airport Master Plan Update option that extended the runway by up to 800 feet. • Resolution No. 2019-179 formally supported the Airport Master Plan Update option that did not include a runway extension.

2 When used in relation to the Palomar Airport, the terms “Zoning Code amendments” and “Drafted Zoning Code amendments” are interchangeable and refer to staff efforts to draft an ordinance that creates an airport boundary line or restricts the acquisition of additional property for airspace protection or airport safety zone.

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Citizens for a Friendly Airport continued to pursue its lawsuit against the county, and on Jan. 26, 2021, the Superior Court issued an order determining:
1) Th e final program environmental impact report’s noise analysis was inadequate. 2) The county must obtain an amendment to the airport’s conditional use permit, CUP- 172, before changing the airport’s design standard.

The court subsequently ordered the co unty to set aside all approvals associated with its Oct. 10, 2018, decision, which included the approval of the Airport Master Plan Update and certification of the final program environmental impact report. The county complied with the court’s order and set aside all approvals associated with the Airport Master Plan Update on May 5, 2021.

The county’s action effectively eliminated the need for the settlement agreement, so the City Council voted to terminate the settlement agreement on Sept. 14, 2021. (Exhibit 8).

After completing additional noise analysis, the co unty again certified the final program environmental impact report and adopted the Airport Master Plan Update on Dec. 8, 2021 (Exhibit 9). As part of the decision, the county selected to implement a runway extension of 200 feet (+/-10%) now and to add a maximum 900-foot extension option at some point in the long- term future, conditioned on addressing the conditional use permit and other requirements.3 The county also committed to continue working with the FAA on noise concerns, which could include allowing “quiet hours” for takeoffs and landings, or letting the county charge fees if pilots do not comply with quiet hour requests.

Citizens for a Friendly Airport did not challenge the county’s decision, and the county has not filed an application with the city to amend CUP-172.

Discussion
Citizens for a Friendly Airport’s request
The city received correspondence on Jan. 2, 2024, from the Chatten-Brown Law Group, who represents the Citizens for a Friendly Airport (Exhibit 2). In short, the group is seeking to collaborate with the city to re-introduce the Zoning Code amendments that were withdrawn as a condition of the settlement agreement in 2019, with additional revisions recommended. The Citizens for a Friendly Airport letter is also requesting a General Plan amendment to further clarify the city’s policy for new or expanded airport uses. The City Council on Feb. 27, 2024, received the Citizens for a Friendly Airport letter and discussed the request to initiate the amendments.

During discussions, staff indicated that in accordance with Section 21.52.020 of the Carlsbad Municipal Code, amendments to General Plan, Zoning Code, or Local Coastal Program may be initiated by a property owner, the City Planner, the Planning Commission or the City Council. In response, via a motion, the City Council “directed staff to review and investigate the requests

3 On this point, the final program environmental impact report states, “Subject to the right to assert immunities, federal preemption or other legal theories, the County will seek an amendment to CUP-172 for any change beyond the existing B-II designation in the ALP [airport layout plan] or prior to taking action to implement facility improvements for greater than B-II.” (An airport layout plan is a visual representation of an airport's existing and planned facilities, including the dimensions and clearance needed to meet standards. B-II is the FAA term for an airport that serves smaller aircraft, not larger passenger or freight air traffic.)
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from Citizens for a Friendly Airport and bring back an item on a future agenda for discussion within 60 days those actions along with any analysis, any steps, potential costs and timing to implement the proposals (passed 5/0).”
Amendments to city regulations
To implement the requested actions, amendments to the following land use regulations will need to be concurrently processed.
• Zoning Code amendments (Carlsbad Municipal Code Chapter 21) The ordinance work that was proposed and subsequently discontinued in 2018 included the following amendments:
o Add the term “airport” in the definition section of Chapter 21.04 of the Carlsbad Municipal Code (because the existing ordinance does not specifically list this definition or reference its meaning. Specific terms used in Chapter 21 are defined in Chapter 21.04 and have the meaning respectively ascribed to them. If words or phrases used in Zoning Code are not specifically defined, there could be ambiguity or uncertainty regarding the meaning of a definition provided or intent used by its context.
o Modify several use allowance tables throughout the Zoning Code prohibiting airport uses in all zones except the existing property zoning where the current McClellan-Palomar Airport is located (Planned Industrial – PM Zone and Industrial – M Zone). With these changes, the Zoning Code would better define how specific property within a geographic area may be used for new or expanded airports. If the airport use is prohibited elsewhere in the city’s zoning districts, the county must apply to have the property rezoned to allow the intended use.

In addition to re-i nitiating this work, Citizens for a Friendly Airport has requested the city include the following additions to the Municipal Code:
o Add the term “airport expansion” in the definition section of Chapter 21.04 to address the need to provide a brief explanation of zoning terminology to help specifically govern how real property can and cannot be used in certain geographic areas.
o Amend Chapters 21.32 and 21.34 to state that the approval of a conditional use permit amendment for an airport expansion would be subject to City Council approval. The action would require that the City Council be the decision-making authority on all discretionary actions (i.e., conditional use permits and associated amendments) involving the McClellan-Palomar Airport, following a recommendation by the Planning Commission. The authority to approve and amend a conditional use permit is currently delegated to the Planning Commission, and its decisions can be appealed to the City Council. To retain consistency between Zoning Code provisions, it is also recommended that Chapter 21.54.125 be updated to acknowledge the permitting procedures and decision-making jurisdiction for airport expansions.

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Should the City Council authorize the processing of the Zoning Code amendments, the city would be able to process the amendments with existing staff resources, with no impacts to department budgets. However, the recommendations presented in this staff report would result in the need to obtain outside legal counsel services to help review the amendments. • General Plan amendment
The Citizens for a Friendly Airport also identified areas of the Land Use Element portion of the General Plan that could be amended to further support previous comments (and policies) of the City Council. These areas go beyond the ordinance work that was proposed by city staff in 2018. For the most part, the proposed changes duplicate those proposed under the Zoning Code amendments; however, inserting a series of policy statements regarding the airport classification into the General Plan would help the city with future implementation actions related to processing future conditional use permits s or conditional use permits amendments. To obtain either of these, the applicant must demonstrate that the contemplated use is consistent with the policies of the General Plan.

Specifically, California Government Code Section 65402 provides that the county cannot acquire property within the city until the "location, purpose and extent of such acquisition … [has] been submitted to and reported upon by the planning agency as to conformity" with the city's General Plan. Therefore, adding wording to the General Plan to specify the airport’s classification and limits of permissible airport expansion areas would help reinforce the city’s permissible local land use authority.

Local Co astal Program amendment
Although the Palomar Airport property is not located in the Coastal Zone, changes to the Zoning Code require amendments to the Local Coastal Program. Among other things, the city’s Local Coastal Program is comprised of the Zoning Code, Carlsbad Municipal Code Chapter 21, so any privately initiated or city-sponsored requests to amend the Zoning Code would also require an amendment to Carlsbad’s Local Coastal Program. Under the state’s Coastal Act, a local coastal plan and zoning ordinances, zoning district maps, and other implementing actions – that is, a local coastal program – are to be submitted to the California Coastal Commission for its approval and certification. Cities and counties with approved local coastal programs may amend a certified local coastal program, but such amendments do not take effect in the Coastal Zone until they have been certified by the Coastal Commission. Amendments to the General Plan and Zoning Code would become effective outside of the Coastal Zone 30 days after adoption.

Where a project necessitates an amendment to a certified Zoning Code, the first phase of the decision-making process is similar to other legislative changes. For the most part, the proposed Local Coastal Program may be amended in the same manner as the Zoning Code amendment:
initiated, written, and processed by the city. However, the Coastal Act requires additional public review and notice of availability of draft documents (see section below). After local adoption, the amendments must also go through the Coastal Commission’s Local Coastal Program amendment review process. If the City Council adopts an amendment the Local Coastal Program, the proposed modification shall be referred to the Coastal Commission for its approval before it can be effective in the Coastal Zone, in compliance with state law.

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Reviewing agencies and authorities
Once the policy documents listed above are drafted, there are other agencies that must review documents before they can be reviewed and considered by the City Council, as reflected below. • California Native American tribes
Senate Bill 18 (2004) requires cities and counties to contact and consult with California Native American tribes prior to amending or adopting any general plan or specific plan or designating land as open space. The state’s guidelines recommend that the North American Heritage Commission provide written information as soon as possible but no later than 30 days after receiving notice of the project to inform the lead agency and an additional 90 days for tribes to respond to a local government if it wants to consult with the local government to determine whether the project would have an adverse impact on tribal resources.
• San Diego County Regional Airport Authority
The San Diego County Regional Airport Authority is charged with the operation and oversight of all airports throughout San Diego County by serving as the region’s Airport Land Use Commission. Part of the authority of this commission is to provide guidance on compatible land uses around regional airports to local permitting agencies to incorporate into their land use decisions. This is done through Airport Land Use Commission-adopted airport land use compatibility plans, which help protect the public against the noise and risks of airport proximity and establish standards for disclosure of airport proximity and aircraft overflight to residential properties.

Public Utilities Code Section 21676 requires cities and counties with land use jurisdiction for areas around airports are required to submit proposed amendments to their general plans, specific plans and zoning codes to the Airport Land Use Commission to review for consistency with the airport land use compatibility plan. If the Airport Land Use Commission determines that the proposed action is inconsistent with the plan, the city shall be notified within 60 days. After a public hearing, the city may overrule the Airport Land Use Commission’s determination by a two-thirds vote if the city makes specific findings. A copy of the draft findings must be sent to the Airport Land Use Commission at least 45 days prior to a decision for the city to overrule the commission. • Planning Commission
The Planning Commission acts as an advisory board to the City Council on all planning and development issues. CMC Section 21.52.050(A)(1) requires the Planning Commission to review and consider a General Plan amendment or Zoning Code amendment application and prepare a recommendation for the City Council before the City Council considers whether to adopt the amendments.
• California Coastal Commission
The California Coastal Commission is a state agency within the California Natural Resources Agency responsible for administering and enforcing the California Coastal Act and has quasi-judicial control of land and public access along the state's 1,100 miles of coastline.

The commission is responsible for reviewing and approving any amendments to the city’s local coastal program prior to the changes being effective within the Coastal Zone.

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The amendments to the Zoning Code must be submitted to the Coastal Commission following adoption by the City Council. Currently, Local Coastal Program amendments are taking Coastal Commission staff between 18 to 24 months to process. Once processed and approved by the Coastal Commission Board, the Local Coastal Program amendments (with any Coastal Commission Board amendments) are returned to the City Council for final approval.

However, the McClellan-Palomar Airport is not located within the Coastal Zone, so, the amendments directly affecting the airport property will become effective 30 days after the City Council adopts them.

Pr ocessing schedule
Below is an estimated schedule to complete the above-referenced amendments and navigate the different reviewing agencies.

ACTIVITY ESTIMATED DATE
Finalize draft amendments based on City Council comments and legal review May/June 2024 Initiate consultation to tribes June 2024
Send amendments to San Diego County Airport Authority June 2024 Send n otice of availability for Local Coastal Program amendment to Coastal Commission June 2024
Conclude Local Coastal Program amendment comment period (6 weeks or 42 days) July/Aug. 2024
Receive San Diego County Airport Authority feedback (60 days) A ug./Sep. 2024 Conclude tribal consultation (90 days) Sep. 2024
Prepare response to comments and/or revise amendments O ct/Nov. 2024 Prepare public hearing notices and staff report Nov./Dec. 2024 Planning Commission public hearing Ja n./Feb. 2025
City Council public hearing Feb./Mar. 2025
Transmittal to Coastal Commission (to seek approval of amendments to t
he Local Coastal Program)
Approx 18 to 24
months

April 23, 2024
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Fiscal Analysis
The amendments would be processed using existing staff resources and existing budget. The City Attorney and staff recommend using outside legal counsel to help review the amendments which would, depending on Council direction, cost in the range of $10,000 to $15,000. No additional funding is required. Appropriate funds were previously appropriated and allocated for unfunded litigation, and City Attorney services is included in the city’s operating budget.

Next Steps
Planning Division staff will work with the City Attorney’s Office to prepare the aforementioned documents consistent with City Council direction. The process may utilize and build upon the previously drafted Zoning Code amendments and will allow for input by Citizens for a Friendly Airport and other interested parties. Staff will continue processing the amendments in keeping with the steps and schedule described in this report.

Environmental E valuation
The request to initiate a General Plan amendment and Zoning Code amendment are statutorily exempt from the California Environmental Quality Act (CEQA) in accordance with to CEQA Guidelines Section 15262, Feasibility and Planning Studies, which states that “A Project involving only feasibility or planning studies for possible future actions which the agency, board, or commission has not approved, adopted, or funded does not require the preparation of an EIR of Negative Declaration.”
Because the request involves only the consideration of whether to process an application for an amendment, and not the amendment itself, action taken by the City Council on this item provides only general direction and does not have a legally binding effect on any possible future discretionary action. In accordance with CEQA, all project requests that are defined as a “project” under CEQA are required to have an environmental assessment to determine potential environmental impact, if any, prior to taking any action or to carry out the project.

The proposed amendments, if initiated, would be subject to environmental assessment to determine potential environmental impacts in accordance with CEQA at that time.

Exhibits

1. Resolution of intention

2. Citizens for a Friendly Airport letter, dated Jan. 2, 2024

3. Planning Commission Resolution No. 1699 ( on file with the City Clerk’s Office)

4. City Council Resolution No. 2018-182 ( on file with the City Clerk’s Office)

5. City Council Resolution No. 2019-060 ( on file with the City Clerk’s Office)

6. City Council Resolution No. 2019-178 ( on file with the City Clerk’s Office)

7. City Council Resolution No. 2019-179 ( on file with the City Clerk’s Office)

8. City Council Resolution No. 2021-208 ( on file with the City Clerk’s Office)

9. County of San Diego Board of Supervisors minute order, dated Dec. 8, 2021

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RESOLUTION NO. 2024-086

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,

CALIFORNIA, ADOPTING A RESOLUTION OF INTENTION AUTHORIZING THE

PROCESSING OF A GENERAL PLAN AMENDMENT, ZONING CODE

AMENDMENT, AND LOCAL COASTAL PROGRAM AMENDMENT TO SPECIFY

AND CLARIFY CODE REQUIREMENTS AND PERMIT REVIEW PROCEDURES

FOR NEW OR EXPANDED AIRPORT USES OR WHERE THERE IS AN

ACQUISITION OF PROPERTY BEYOND THE BOUNDARIES OF AN AIRPORT WHEREAS, the City Council of the City of Carlsbad, California has determined that the Carlsbad General Plan, Zoning Code, and Local Coastal Program requires revisions and amendments; and WHEREAS, the City Council has determined that it is necessary to undertake an update to ordinances or policy documents to improve clarity and specify code requirements for new or expanded airport uses, pursuant to the 1978 Annexation Agreement between the City and County of San Diego, as detailed in the San Diego Superior Court's ruling in C4FA v. County of San Diego; and
WHEREAS, in Citizens for a Friendly Airport v. County of San Diego, the court concluded that "the evidence in the administrative record indicates that the County voluntarily and intentionally relinquished its immunities with respect to the [McClellan-Palomar] airport." The County of San Diego did not appeal this decision; and
WHEREAS, pursuant to section 21.52.020 of the Carlsbad Municipal Code, amendments to General Plan, Zoning Code, or Local Coastal Program may be initiated by a property owner, the City Planner, the Planning Commission, or the City Council.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:

1. That the above recitations are true and correct.

2. That the City Manager or designee is authorized to begin working on an ordinance or policy document to address new or expanded airports and return to the City Council to review and consider the amendments to the General Plan, Zoning Code, and Local Coastal Program.

Exhibit 1
April 23, 2024 Item #5 Page 10 of 36
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 23rd day of April, 2024, by the following vote, to wit:

AYES:

NAYS:

ABSTAIN:

ABSENT:

BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.

NONE.

KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)

April 23, 2024 Item #5 Page 11 of 36
Chatten-Brown Law Group, APC
Kathryn Pettit | Associate
325 W. Washington Street, Suite 2193
San Diego, CA 92103
[email protected]
Phone: (619) 393-1440
January 2, 2024
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Re: Proposed Revisions to the City’s Code and General Plan Dear Councilmembers:

Our firm represents Citizens for a Friendly Airport (C4FA). As you are well aware, in 2019, the City Council adopted resolutions 2019-178 and 2019-179 to establish the City of Carlsbad’s position regarding the McClellan-Palomar Airport.

C4FA seeks to work with the City to reintroduce the proposed ordinance that was released for public review on January 18, 2018 (Exhibit A), and initially approved but not adopted by the City, along with additional revisions recommended by our office (Exhibit B), for City Council consideration (together, “Proposed Ordinance”). Additionally, C4FA presents narrowly-tailored revisions to the City’s General Plan, for the City’s consideration. (Exhibit C, “Proposed General Plan Amendment”.)
Together, the Proposed Ordinance and Proposed General Plan Amendment would implement the City Council’s resolutions, absolve any potential inconsistencies in the City Municipal Code, and memorialize the procedural requirements pursuant to the 1978 Annexation Agreement between the City and County of San Diego, as detailed in the San Diego Superior Court’s ruling in C4FA v. County of San Diego.

Our office conducted extensive research into the Proposed Ordinance and Proposed General Plan Amendment.

In Section I, we first provide a summary of the current requirements under the City’s code. We then summarize our recommended revisions to the City’s code in Section II, and our recommended amendment to the General Plan in Section III.

Attachment H
Exhibit 2
April 23, 2024
Item #5 Page 12 of 36
r ~ CHATTEN-BROWN
V'~ LAW GROUP
City Council
January 2, 2024

Page 2 ends

I. Current Procedural Requirements
a. Obtainment of a Conditional Use Permit
The Annexation Agreement between the City and County established the City’s zoning and land use authority over the airport. This includes the requirement that the County must obtain a conditional use permit (“CUP”) from the City. As the Superior Court recently found:
[T]he County …obtained CUP-172 as a condition of the City of Carlsbad's annexation of the airport and rezoning of the land for airport use. (citation.) Notably, the Local Agency Formation Commission stated the following: “In order to comply with the requirements of the Carlsbad Zoning Ordinance, an appropriate zoning designation must be placed upon the airport, and a Conditional Use Permit must be obtained by the County. The City of Carlsbad and the County are in agreement with this procedure.” (citation.) Thus, the evidence in the administrative record indicates that the County voluntarily and intentionally relinquished its immunities with respect to the airport.
(Superior Court Case No. 37-2018-00057624-CU-TT-CTL, January 26, 2021 Ruling.) The County’s existing CUP-172 states that “permitted uses for Palomar Airport are limited to those outlined in Table 1 … approval of any uses not specifically listed in Table 1 and/or expansion of the airport facility shall require an amendment to the Conditional Use Permit.” (County Resolution 1699 re CUP-172, p.3-5 (1980).) Notably, the CUP-172 specifically omits runway extensions from uses not requiring discretionary review, indicating that the County must obtain the City’s approval via the CUP process for any proposed runway extensions.

Thus, a CUP is required for any new or expanded airport uses. We are aware that the County has not treated “runway extensions” as “expansions.” Therefore, we suggest revising the municipal code to clarify that the language of “airport expansion” mirrors Public Utilities Code Section 21664.5, to be consistent with the language and intent of CUP-172, as well as state law. b. City Council Vote
Under our interpretation, the City’s municipal code indicates an intent to require City Council approval for airport-related CUP requests. Airport uses are designated as “Process 3” throughout the code, which holds that “[t]he city council shall hear the matter.” (Section 21.42.070.) However, we identified potential inconsistencies in the code, thus requiring the Proposed Ordinance to ensure clarity in the process. The Municipal Code provides: “An approved [] conditional use permit may be amended pursuant to the provisions of Section 21.54.125 of this title. (Section 21.42.110 subd. (E).)
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City Council
January 2, 2024

Page 3 ends

Accordingly, Code Section 21.54.125 provides: “any approved development permit may be amended by following the same procedure required for the approval of said development permit (except that if the city council approved the original permit, the planning commission shall have the authority to act upon the amendment) . . .” (emphasis added.)

While the 1980 CUP-172 Resolution only required approval from the Planning Commission, the Municipal Code currently requires City Council approval for any airport CUP.

Thus, it is not entirely clear what process is currently required for any CUP amendment, even for a proposed expansion of airport uses under the existing CUP. We believe this necessitates the Proposed Ordinance, including the new additions proposed by C4FA.

II. Overview of Proposed Ordinance

The ordinance that was proposed by City staff in 2018 proposed the following changes:
• Amend Zoning Ordinance text and define “airport.”
• Allow an airport with approval of a conditional use permit by the City Council only within the boundary of McClellan-Palomar Airport proposed on the City’s Zoning Map. • Prohibit an airport in all other zones and on all other properties within the City.

We reviewed the ordinance, and suggested the additional revisions:
• Amend Zoning Ordinance text to clarify the definition of “airport expansion,” consistent with state law (Public Utilities Code Section 21664.5)
• Prevent the creation of any inconsistencies regarding the process for an amended CUP.

III. Overview of Proposed General Plan Amendment

We also believe that a General Plan Amendment to clearly set forth the process would bring great advantages to the public and future elected decisionmakers. While there are costs associated with updating or amending the municipal code and General Plan, a clear memorialization of the City’s procedures would prevent any confusion, application of the wrong process, or use of loopholes several years down the road.

The City’s General Plan already includes the following policy:

Prohibit approval of any zone change, general plan amendment or other legislative action that authorizes expansion of McClellan-Palomar Airport, unless authorized to do so by a majority vote of the Carlsbad electorate.

(City of Carlsbad General Plan, Land Use & Community Design Element, 2-45; see also Section

21.53.015, Carlsbad Municipal Code.)
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City Council
January 2, 2024

Page 4 ends

Thus, we believe that the General Plan should be amended to establish the following clear policies of the City:

• Any airport expansion requires a CUP from the City.
• Expansion will be defined as consistent with the definition in the Public Utilities Code. • Any CUP request– whether it is for a new CUP or an amendment to a CUP – for airport expansion requires a City Council vote.
• The City of Carlsbad supports the B-II Enhanced Alternative McClellan Palomar Airport Master Plan design classification, with no runway extension, and opposes the County Board of Supervisor’s D-III Modified Standards Compliance Alternative.

We have included our proposed revisions in Exhibit C (revisions in blue text).

IV. Conclusion

Our office has spent considerable time researching the Proposed Ordinance, which is primarily the product of research conducted by the City’s prior consultant, KK&R. Our firm only had two minor proposed revisions. The Proposed Ordinance would implement City Council resolutions 2019-178 and 2019-179, and ensure that the correct procedure is clear in the City’s code.

We also thoroughly believe that a narrow General Plan Amendment is needed to memorialize the City Council’s resolutions to maintain the airport’s current B-II designation without any runway extension, as well as the required decision-making process that is set out in the City’s code.

Thank you for your time and consideration of C4FA’s proposal. We respectfully request a meeting with the City staff to further discuss the Proposed Ordinance and General Plan Amendment, especially to receive the City’s input.

We are available at your earliest convenience. Please do not hesitate to call with any questions.

Sincerely,

Kathryn Pettit
Josh Chatten-Brown
April 23, 2024
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Exhibit A

April 23, 2024
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Community & Economic Development
Planning Division
1635 Faraday Avenue  Carlsbad, CA 92008  760-602-4600  760-602-8560 fax

PUBLIC NOTICE

TO INTERESTED PARTIES:

Please be advised that the City of Carlsbad is considering text amendments to its Local Coastal Program (LCP) as summarized below. This LCP amendment is being proposed by the City of Carlsbad and is currently under review. This notice hereby opens a six-week review period after which the Planning Commission and City Council will consider all comments and act on the proposed LCP amendment. The Planning Commission hearing is expected to take place in spring 2019 and will be duly noticed. The City Council hearing is expected to take place in spring 2019 and will be duly noticed.

Copies of the LCP amendment are available for review at the follo wing locations: (1) Carlsbad Planning Division, 1635 Faraday Avenue; (2) City Clerk’s Office, 1200 Carlsbad Village Drive; (3) Carlsbad Main Library, 1775 Dove Lane; (4) Georgina Cole Library, 1250 Carlsbad Village Drive; and (5) the California Coastal Co mmission, 7575 Metropolitan Drive, Suite 103, San Diego, CA 92108 -4402. The LCP Amendment is also posted on the city’s website at
http://www.carlsbadca.gov/services/depts/planning/agendas.asp.

PROPOSED LCP AMENDMENT SUMMARY
LCPA 2018-0001 (PUB 2018-0022) – Zoning Code Amendment – Airports

The City’s Zoning Ordinance is the implementing ordinance for the City’s LCP. Accordingly, th e LCP amendment is necessary to ensure consistency between the City’s proposed amended Zoning Ordinance and its Local Coastal Program. This specific Zoning Code Amendment is as follows:

The proposed amendment would amend Zoning Ordinance text and define “airport,” allow an airport with approval of a conditional use permit by the City Council only within the boundary of McClellan-Palomar Airport proposed on the City’s Zoning Map, and prohibit an airport in all other zones and on all other properties within the City.

Changes proposed to the Zoning Ordinance text are attached. Please note the airport and proposed boundary around it are outside the Coastal Zone. Further information about McClellan-Palomar Airport and related City and County actions is available at
http://www.carlsbadca.gov/residents/airportmasterplan.asp.

If you have any questions, please contact Scott Donnell, Senior Planner, in the Planning Division at (760) 602-4681 or [email protected]. Written comments should be sent to the Planning Division at 1635 Faraday Avenue, Carlsbad, California 92008.

PUBLISH DATE: January 18, 2018

PUBLISH DATE FOR U-T SAN DIEGO: January 18, 2018

PUBLISH DATE FOR COAST NEWS: January 18, 2018
April 23, 2024
Item #5 Page 17 of 36
{'city of
Carlsbad
1 Proposed text changes to the Carlsbad Municipal Code (Title 21) Zoning Code Amendment - Airports
ZCA 2018-0001 / ZC2018-0002 / LCPA 2018-0001 (PUB2018-0022) Amendments to Chapter 21.04 Definitions
Chapter 21.04 (Definitions) is proposed to be amended by adding new Section 21.04.024 to define “airport” as follows:

21.04.024 Airport
“Airport” means any area of land or water which is used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights of way, and a ll airport buildings and facilities located thereon. Airport safety areas and zones are included within this definition. This definition shall be used by the City when applying any requirements of the California Public Utilities Code Section 21661.6.

Amendments to Chapter 21.07 E-A Exclusive Agriculture Zone Section 21.07.020 Table A (Permitted uses in the E-A, Exclusive Agricultural Zone ) is proposed to be amended by deleting “airports” as follows:

Use P CUP Acc
Airports 3
Amendments to Chapter 21.29 C-T Commercial Tourist Zone Section 21.29.030 Table A (Permitted uses in the C -T, Commercial Tourist Zone ) is proposed to be amended by deleting “airports” as follows:

Use P CUP Acc
Airports 3
April 23, 2024
Item #5 Page 18 of 36

I I - I I

I I - I I
2 Amendments to Chapter 21.30 C-M Heavy Commercial – Limited Industrial Zone Section 21.30.010 Table A (Permitted uses in the C -M, Heavy Commercial – Limited Industrial Zone ) is proposed to be amended by deleting “airports” as follows:

Use P CUP Acc
Airports 3
Amendments to Chapter 21.32 M Industrial Zone
Section 21.32.010 Table A (Permitted uses in the M, Industrial Zone ) is proposed to be amended by changing “airports” to “airport” and by adding Note 3 as follows:

Use P CUP Acc
Airports (see note 3 below) 3
Notes:

3. Permitted by issuance of a conditional use permit by the city council and only within the boundary of McClellan-Palomar Airport as depicted on the zoning map of the city.

Amendments to Chapter 21.34 P-M Planned Industrial Zone Section 21.34.020 Table A (Permitted uses in the P-M, Planned Industrial Zone) is proposed to be amended by changing “airports” to “airport” and adding Note 6 as follows:

Use P CUP Acc
Airports (see note 6 below) 3
Notes:

6. Permitted by issuance of a conditional use permit by the city council and only within the boundary of McClellan-Palomar Airport as depicted on the zoning map of the city.

April 23, 2024
Item #5 Page 19 of 36

I I - I I
I -_ I I I I
I -_ I I I I

Exhibit B

April 23, 2024
Item #5 Page 20 of 36
Additional text changes to the Carlsbad Municipal Code (Title 21) Zoning Code Amendment - Airports
Amendments to Chapter 21.04 (Definitions)

21.04.140.1 Expansion.
“Expansion” means to enlarge or increase the size of an existing structure or use including the physical size of the property, building, parking and other improvements. In the context of airports, “expansion” includes the acquisition of runway protection zones, or of any interest in land for the purpose of any other expansion, construction of a new runway, extension or realignment of an existing runway, or any other expansion of the airport's physical facilities for the purpose of accomplishing or which are related to these purposes.

Amendments to Chapter

21.32 M Industrial Zone
Section 21.32.010 Table A (Permitted uses in the M, Industrial Zone) is proposed to be amended by changing “airports” to “airport” and by adding Note 3 as follows:
[No change to Proposed Ordinance’s Table revisions]
Notes:

3. Permitted by issuance of a conditional use permit by the city council and only within the boundary of McClellan-Palomar Airport as depicted on the zoning map of the city. The approval of any conditional use permit amendment shall also require a vote by the city council, notwithstanding any other sections of this code, including Sections 21.42.110 and 21.54.125.

6. Permitted by issuance of a conditional use permit by the city council and only within the
boundary of McClellan-Palomar Airport as depicted on the zoning map of the city. The approval of any conditional use permit amendment shall also require a vote by the city council, notwithstanding any other sections of this code, including Sections 21.42.110 and 21.54.125.

April 23, 2024
Item #5 Page 21 of 36
Exhib
it C
April 23, 2024
Item #5 Page 22 of 36
2-45
Land Use & Community Design
2 General Plan
2 -P.39 Prohibit approval of any zone change, general plan amendment or other legislative action that authorizes expansion of McClellan-Palo -
mar Airport, unless authorized to do so by a majority vote of the Carlsbad electorate. (Section 21.53.015, Carlsbad Municipal Code.) 2-P.40 Require any proposal for an expansion of airport uses to obtain a conditional use permit pursuant to a City Council vote.
2-P.43 Oppose the Mclellan-Palomar Airport Master Plan D-III Modified Standards Compliance Alternative design classification. (Resoluti on No. 2019-178.) 2-
P.44 Support the B-11 Enhanced Alternative McClellan-Palomar Airport Master Plan design
classification, with no runway extension. (Resolution No. 2019-179.) 2-P.42 Utilize the State Public Utilities Code definition of airport expansion, which includes the acquisition of runway protection zones, or of any interest in land for the purpose of any other expansion, construction of a new runway, extension or realignment of an existing runway, or any other expansion of the airport's physical facilities for the purpose of accomplishing or which are related to these purposes.
2-P.41 Permit expansion only within the current boundary of McClellan-Palomar Airport.

April 23, 2024
Item #5 Page 23 of 36
-- - -------
Exhibit 3

Planning Commission Resolution No. 1699
(on file in the Office of the City Clerk)

April 23, 2024
Item #5 Page 24 of 36
Exhibit 4

City Council Resolution No. 2018-182
(on file in the Office of the City Clerk)

April 23, 2024
Item #5 Page 25 of 36
Exhibit 5

City Council Resolution No. 2019-060
(on file in the Office of the City Clerk)

April 23, 2024
Item #5 Page 26 of 36
Exhibit 6

City Council Resolution No. 2019-178
(on file in the Office of the City Clerk)

April 23, 2024
Item #5 Page 27 of 36
Exhibit 7

City Council Resolution No. 2019-179
(on file in the Office of the City Clerk)

April 23, 2024
Item #5 Page 28 of 36
Exhibit 8

City Council Resolution No. 2021-208
(on file in the Office of the City Clerk)

April 23, 2024
Item #5 Page 29 of 36
DECEMBER 08, 2021 1

COUNTY OF SAN DIEGO

BOARD OF SUPERVISORS - LAND USE
WEDNESDAY, DECEMBER 08, 2021
MINUTE ORDER NO. 6
SUBJECT: ADOPT MCCLELLAN-PALOMAR AIRPORT MASTER PLAN UPDATE,

CERTIFY MASTER PLAN ENVIRONMENTAL IMPACT REPORT, AND
PROVIDE DIRECTION ON AIRPORT SUSTAINABILITY (DISTRICT: 5)

OVERVIEW
McClellan-Palomar Airport (Palomar) is located in the City of Carlsbad and is one of eight airports owned and operated by the County of San Diego (County), at no cost to the General Fund. Palomar was constructed on County-owned property, and when it opened in 1959, the surrounding area consisted mainly of agricultural uses. Over the last 60 years, light industrial, commercial, and recreational uses have developed around the airport. The City of Carlsbad annexed the airport in 1978, citing economic benefits including significant tax revenues for the City and increased services for the County. Today, the airport serves the community and region as a vital air transportation hub, an emergency services facility, and an economic engine that supports 2,590 local jobs and generates $72 million in tax revenues and $461 million in economic activity annually.

Palomar is a federally funded public-use airport and part of the national air transportation system. The Federal Aviation Administration (FAA) regulates this system and by federal law, airport owners and operators, such as the County, cannot restrict the size or type of aircraft landing or taking off from an airport. The FAA provides airports with guidance to safely accommodate the types of aircraft that use an airport, which is the foundation for the safety enhancements identified in the Palomar Master Plan Update (MPU). The FAA generally provides up to 90% grant funding for safety improvements; however, an approved and current Airport Layout Plan, which is included as part of the Master Plan, is required to be eligible for funding.

On December 16, 2015 (3), the County Board of Supervisors (Board) directed staff to update the Master Plan for Palomar. The Master Plan is a 20-year planning road map for airport capital improvements that emphasizes safety. The most recent Master Plan for Palomar, completed in 1997, had reached the end of its 20-year planning period. On September 25, 2013 (2), the Board considered the findings of a 2013 Feasibility Study, which studied a longer runway. The Board directed staff to focus the MPU on safety improvements for the aircraft currently using the airport while remaining within the existing airport property boundaries.

On October 10, 2018 (1) the Board approved the MPU and certified the Program Environmental Impact Report (PEIR). On November 6, 2018, a petition for Writ of Mandate and complaint was filed by Citizens for a Friendly Airport, challenging the Board’s decision. On January 26, 2021, the Superior Court (Court) filed a Minute Order upholding the Final PEIR analysis and dismissing the claims, except on two items. While the Court determined the PEIR’s noise analysis was generally adequate, the Court found the Final PEIR should have included supplemental noise analysis for areas farther from Palomar.

In addition, the Court ruled that an amendment to the conditional use permit (CUP) with the City of Carlsbad must be sought if the design status of the airport is changed to accommodate the design critical aircraft.

Attachment G
Exhibit 9
April 23, 2024
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DECEMBER 08, 2021 2
On March 4, 2021, the Court ordered the County to set aside all approvals associated with the October 10, 2018, decision, which included the approval of the MPU, certification for the Final PEIR, and related actions, within 60 days. On May 5, 2021 (13), the Board rescinded the MPU and de-certified the PEIR and related environmental findings pursuant to the Court’s order.

The County has now completed the additional noise analysis, as directed by the Court, and updated the PEIR and MPU to address the potential need for an amendment to the CUP. Staff has also developed options for the Board’s consideration that would demonstrate the County’s leadership in sustainability.

This is a request for the Board to: (1) select the airport design standard for Palomar, including a potential runway extension, which will increase federal grant funding eligibility, and allow the County to pursue safety enhancement projects to protect aircraft currently using Palomar. The Board will select either:
(2A) adopt the MPU and take the actions in Item 3 below relating to the Final PEIR, or (2B) not adopt the MPU.

If Recommendation 2A is selected to adopt the MPU, then, together with its action to adopt the MPU, the Board must (3) certify the associated Final PEIR and supporting documents, which, with the added noise analysis, is consistent with the direction of the Superior Court.

(4) If the MPU and associated Final PEIR are adopted and certified, provide direction to staff on sustainability options, with staff’s recommendation being to pursue an airport system-wide sustainability plan that will position the County to become a leader in aviation-based sustainability across the region.

If Recommendation 2B is selected to not adopt the MPU, then the Board will direct staff to evaluate other airport classifications; return to the Board for further direction upon evaluation and establish appropriations based on prior year Airport Enterprise Fund (AEF) Balance of $1,100,000.

(5) If the MPU is not adopted, the Board can also direct staff to prepare a new Master Plan for Palomar Airport and provide direction on the inclusion of a sustainability plan.

RECOMMENDATION(S)

CHIEF ADMINISTRATIVE OFFICER
See the Background Section of the Board Letter under Airport Design Standards and Attachment H for additional details on the Airport Master Plan Update options.

1. Select the airport design standard, including a potential runway extension:

Airport Design
(Pick One)
Runway Extension
(Pick One)
Option A. B-II Enhanced Facility : Current design
enhanced with installation of an Engineered Material
Arresting System (EMAS), which is like a runaway truck
ramp for aircraft AND

1.None

2.200 feet

3.Up to 900 feet
Option B. B-II Enhanced Facility Now and Condition D-
III Modified Standards Compliance in the Future:

Same as Option A, and adding future D-III design
standards conditioned on addressing the Conditional Use Permit and Runway Protection Zone requirements

1.None

2.200 feet

3.Up to 900 feet
AND
April 23, 2024
Item #5 Page 31 of 36I I
DECEMBER 08, 2021 3
and returning to the Board to consider D-III design
standards and a runway extension option AND

Option C. D-III Modified Standards Compliance: This
alternative reconfigures the airport to meet the D-III
design standards. It would shift the runway 123 feet to the north to provide the required separation between the runway and taxiway and includes the installation of
EMAS on both ends of the runway AND

1.370 feet

2.800 feet

2. McClellan-Palomar Airport Master Plan Update:

Option A. Adopt the McClellan -Palomar Airport Master Plan Update based on the option selected above under Recommendation 1 related to airport design standard, including a potential runway extension, together with the actions in Item 3 below.

Option B. Do Not Adopt the McClellan- Palomar Airport Master Plan Update (Attachment H) and direct staff to evaluate other airport classification options and return to the Board for further direction upon evaluation AND establish appropriations of $1,100,000 in the Airport Enterprise Fund (AEF) Spending Plan to provide funds for the evaluation of other airport classification options based on prior year available AEF fund balance. (4 VOTES)

3. If Recommendation 2A is selected, then certify and adopt the McClellan-Palomar Airport Master Plan Update Environmental Documents together with its action to adopt the MPU:

If the Board adopts the McClellan-Palomar Airport Master Plan Update (Attachment H), then certify that the Final Program Environmental Impact Report (PEIR), SCH No. 2016021105 has been completed in compliance with California Environmental Quality Act (CEQA) and CEQA Guidelines, that the Final PEIR was presented to the Board, that the Board reviewed and considered the information contained therein, and that the Final PEIR reflects the independent judgment and analysis of the Board (Attachment B); AND

A. Adopt the Findings Concerning Mitigation of Significant Environmental Effects pursuant to Section 15091 of CEQA Guidelines (Attachment C); AND

B. Adopt the Statement of Location and Custodian of Record (Attachment E); AND

C. Adopt the decision and explanation regarding recirculation of draft PEIR (Attachment F); AND

D. Adopt the Mitigation Monitoring and Reporting Program prepared in accordance with Section 15097 of CEQA Guidelines (Attachment G).

April 23, 2024
Item #5 Page 32 of 36
DECEMBER 08, 2021 4

4. If Recommendation 2A is selected to Adopt the McClellan-Palomar Airport Master Plan Update, then provide direction on a sustainability plan by selecting one of the following options:

Option A. Direct staff to prepare a McClellan-Palomar Airport Sustainability Plan

Option B. Direct staff to prepare a County Airports System S ustainability Plan with a priority on implementing sustainability measures for McClellan -Palomar Airport [Staff Recommendation]

5. If Recommendation 2B is selected to Not Adopt the McClellan- Palomar Airport Master Plan, provide direction on the inclusion of a sustainability plan with a new Master Plan:

Direct staff to prepare a new Master Plan for McClellan-Palomar Airport with Integrated Sustainability AND establish appropriations of $4,500,000 in the Airport Enterprise Fund (AEF) Spending Plan to provide funds for development of a Master Plan for McClellan-Palomar Airport with Integrated Sustainability based on prior year available AEF fund balance. (4 VOTES)

EQUITY IMPACT STATEMENT
The eight airports owned and operated by the County of San Diego, Public Works, Airports (County Airports) provide vital air transportation hubs, emergency response facilities, and economic engines.

The County pursues delivery of services at County Airports and actively works to remove barriers, encourage participation, and provide competitive opportunities for small businesses that traditionally have less working capital and business owners and managers that may be socially and economically underserved, through public outreach and added consideration in our procurement and leasing selection criteria

County Airports connect rural, suburban, and urban communities, businesses, and people by facilitating over 518,000 commercial (using small 30 to 70 passenger aircraft), corporate (up to approximately 20 passengers), government, and private aircraft operations annually. As bases for CalFire, US Forest Service, Sheriff Aerial Support to Regional Enforcement Agencies, and Mercy Air, County Airports ensure the readiness and rapid response of emergency services for community members, including underserved communities. County Airports are home to over 100 aeronautical and non-aeronautical businesses. Through rents and user fees, County Airports are 100% self-funded, allowing General Fund revenues to be used for other priorities.

FISCAL IMPACT
Funds for this request are included in the Fiscal Year (FY) 2021-22 Operational Plan for the Master Plan Update (MPU). If the current MPU is approved with an accompanying sustainability plan, this request will result in no change in the Airport Enterprise Fund (AEF) for FY 2021-2022.

If the Board directs staff to not adopt the Palomar Airport Master Plan, evaluate other airport classification options and return to the Board for further guidance upon evaluation (Recommendation 2B) or to prepare a new Master Plan with integrated sustainability (Recommendation 5), this request will result in costs of up to $4.5 million in consultant services and staff costs for FY 2021-22. The funding source is the prior year available AEF fund balance. There will be no change in net General Fund cost and no additional staff years.

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DECEMBER 08, 2021 5
The proposed actions will not commit the County to construct any facilities or improvements and will not financially obligate the County. Staff will return to the Board at a future date for approval to advertise and award construction contracts as projects are fully designed, and for any necessary appropriations as funding becomes available for implementing the Board’s selected MPU alternative. It is expected the projects will be completed in phases over the 20-year planning period, and staff will seek authorization to apply for federal and State grants in future years.

BUSINESS IMPACT STATEMENT
The Federal Aviation Administration (FAA) identifies Palomar as a National Primary Commercial Service Airport in the National Plan of Integrated Airports System, indicating both its national significance and its eligibility for federal grant funding for airport improvements. The FAA-certified Palomar for air carrier service in 1996, which grants airlines the authority to offer scheduled flights to the community and the greater San Diego region. The FAA-certified smaller, less-active airports, like Palomar, to become commercial service airports that offer regional service for 30 to 70 passenger aircrafts, with the focus to make services affordable for the region without compromising safety and operational capabilities. After Palomar was certified for Regional Service, airlines offered flights to Los Angeles and Phoenix using small, 30-passenger aircraft. This Regional Service at Palomar increased to an annual peak of 78,519 passengers in 2000. Beginning in 2008, airlines began to discontinue the use of this type of aircraft. The newer regional aircraft cannot operate at Palomar due to its short runway length, and Regional Service ended in 2015.

With continued interest of residents and stakeholders, the MPU contemplated future Regional Service at Palomar. However, there are several factors that limit Regional Service, such as the runway length, design standards, pavement strength, aircraft parking areas, and passenger terminal capacity. The runway length and design standards are the most critical. Palomar has a single 4,897-foot runway.

Within the contiguous United States, there are no airports with runways less than 5,000 feet that have commercial air service.

Regional Service using small, regional, 30 to 70 passenger aircraft could provide additional revenues to the Airport Enterprise Fund (AEF) from commercial landing fees, parking, and fuel flowage; restaurant and rental car concessions; and vehicle parking. Also, the FAA currently allocates $150,000 in Airport Improvement Program Entitlement grant funding to Palomar annually, which would increase to a minimum of $1 million, if Palomar were to have over 10,000 commercial passengers per year, using small, passenger aircraft. The FAA also allows commercial service airports to collect a Passenger Facility Charge (PFC) from airlines to help pay for needed capital improvements. PFCs could generate up to $2 million in additional revenue annually.

In addition to more and closer air travel options, Regional Service at Palomar using small, regional, 30 to 70 passenger aircraft also has potential economic benefits to employees, businesses, and municipalities in North County and the region. The McClellan-Palomar Airport Economic Impact Analysis Report determined that, without Regional Service using small, regional, 30 to 70 passenger aircraft, Palomar currently supports 2,590 jobs and generates $461 million in economic activity and $72 million in tax revenue. Without further development, Palomar would support an estimated 3,380 jobs and generate $596 million in economic activity and $94 million in tax revenues in 2036. The MPU presented today forecasted the ability of the airport to accommodate up to 575,000 passengers annually, on small, regional, 30 to 70 passenger aircraft. In this scenario, Palomar’s economic activity would almost double, with an estimated 6,720 jobs and generate $1.0 billion in annual economic activity and $160 million in annual tax revenues.

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DECEMBER 08, 2021 6
ACTION:

ON MOTION of Supervisor Desmond, seconded by Supervisor Lawson-Remer, the Board of Supervisors took the following actions:

1. Certified and adopted the McClellan-Palomar Airport Master Plan Update Environmental Documents together with its action to adopt the MPU (Ref. Board Letter Recommendation 3):

Certified that the Final Program Environmental Impact Report (PEIR), SCH No. 2016021105 has been completed in compliance with California Environmental Quality Act (CEQA) and CEQA Guidelines, that the Final PEIR was presented to the Board, that the Board reviewed and considered the information contained therein, and that the Final PEIR reflects the independent judgment and analysis of the Board; AND
A. Adopted the Findings Concerning Mitigation of Significant Environmental Effects pursuant to Section 15091 of CEQA Guidelines (Attachment C); AND

B. Adopted the Statement of Location and Custodian of Record (Attachment E); AND

C. Adopted the decision and explanation regarding recirculation of draft PEIR (Attachment F); AND

D. Adopted the Mitigation Monitoring and Reporting Program prepared in accordance with Section 15097 of CEQA Guidelines (Attachment G).

2. Selected the airport design standard, including a potential runway extension (Ref. Board Letter Recommendation 1):

Option B. B-II Enhanced Facility Now and Condition D- III Modified Standards Compliance in the Future: Same as Option A, and adding future D-III design standards conditioned on addressing the Conditional Use Permit and Runway Protection Zone requirements and returning to the Board to consider D-III design standards and a runway extension option AND

Runway Extension of 200 feet that allows a variance of up to 10% if needed.

3. Selected the McClellan-Palomar Airport Master Plan Update (Ref. Board Letter Recommendation 2):

Option A. Adopted the McClellan- Palomar Airport Master Plan Update based on the option selected under Board Letter Recommendation 1 related to airport design standard, including a potential runway extension, together with the actions in Item 1 above.

4. Provided direction on a sustainability plan by selecting (Ref. Board Letter Recommendation 4):

Option B. Directed staff to prepare a County Airport s System Sustainability Plan with a priority on implementing sustainability measures for McClellan-Palomar Airport

5. Directed the Chief Administrative Officer to submit a letter to the Federal Aviation Administration (FAA) and work with the local congressional delegation that requests the following:
a. Establishment of quiet hours
b. If quiet hours are unable to be acquired, establish a fee structure that increases fees for aircraft flying during quite hours

AYES: Vargas, Anderson, Lawson-Remer, Fletcher, Desmond

April 23, 2024
Item #5 Page 35 of 36
DECEMBER 08, 2021 7

State of California)
County of San Diego) §

I hereby certify that the foregoing is a full, true and correct copy of the Original entered in the Minutes of the Board of Supervisors.

ANDREW POTTER
Clerk of the Board of Supervisors

Signed
by Andrew Potter

April 23, 2024
Item #5 Page 36 of 36
1 Ana Alarcon
From: Council Internet Email
Sent: Monday, April 22, 2024 9:06 AM
To: City Clerk
Subject: FW: Airport expansion and city control of the airport From: Cathy Prvanov <[email protected]
m>
Sent: Monday, April 22, 2024 8:49 AM
To: Council Internet Email <[email protected]>
Subject: Fwd: Airport expansion and city control of the airport  City council

 I am requesting the following per the CF4A which I believe is helping Carlsbad citizens navigate difficult issues like the airport expansion and lead issues at the airport.

 Please Approve the Resolution presented with an expedited timeline to complete the General Plan Amendments and Zoning Updates by the end of this year, 2024.
 Include directions to define “Airport Expansion” using the California State legal definitions in our City Code.
 Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v. County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

C4FA has asked the City of Carlsbad to take the steps to ensure that all future City of Carlsbad staff and Elected Officials retain the local control granted by the Airport Annexation Agreement
Sincerely
Catherine Prvamov
6575 Windflower Drive
All Receive - Agenda Item #____
For the Information of the:

CITY COUNCIL
Date: ________ CA____ CC____
CM____ ACM____ DCM (3)____
5 4/22/24 x x
x x x
2 Carlsbad Ca 92011

From: Beverly Marston <[email protected]>
Sent: Monday, April 22, 2024 8:45 AM
To: Council Internet Email <[email protected]>
Subject: McClellan Palomar Airport land use

Carlsbad City Council members:

I am writing to urge you to take the following actions based on the Court ruling that the County waived its immunities regarding Palomar Airport and to ensure the City of Carlsbad retains local control.

Approve the Resolution presented with an expedited timeline to complete the General Plan Amendments and zoning Updates by the end of this year, 2024.

Also include directions to define "Airport Expansion" using the California State legal definitions in our City Code.

Lastly, acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4F4 v. County of San Diego, the county of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

Thank you,

Beverly Marston
2310 Masters Road
Carlsbad, CA. 92008
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.
1 Ana Alarcon
From: Council Internet Email
Sent: Monday, April 22, 2024 8:24 AM
To: City Clerk
Subject: FW: C4FA Requests City of Carlsbad Retain Local Control of Palomar Airport Land Use Matters

From: Liberato Tortorici <[email protected]>
Sent: Monday, April 22, 2024 8:23 AM
To: Council Internet Email <[email protected]>
Subject: C4FA Requests City of Carlsbad Retain Local Control of Palomar Airport Land Use Matters

C4FA asks the Council to take the following action at the April 23, 2024 City Council Meeting

County of San Diego, that the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

Thank you,
Liberato Tortorici
6438 La Paloma Street
Carlsbad, CA 92009
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.
1 Ana Alarcon
From: Council Internet Email
Sent: Monday, April 22, 2024 8:02 AM
To: City Clerk
Subject: FW: Airport Meeting on April 23

From: [email protected] <[email protected]>
Sent: Sunday, April 21, 2024 6:45 PM
To: Council Internet Email <[email protected]>
Subject: Airport Meeting on April 23

 We are so happy you are taking the steps to watch over the airport. Please 
 Approve the Resolution presented with an expedited timeline to complete the General Plan Amendments and Zoning Updates by the end of this year, 2024. 
 Include directions to define “Airport Expansion” using the California State legal definitions in our City Code.

 Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v.

County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

THank you,
Deborah Rivers
6411 Merlin Dr
Carlsbad CA

From: David Baker <[email protected]>
Sent: Sunday, April 21, 2024 6:51 PM
To: Council Internet Email <[email protected]>
Subject: Palomar airport discussion, council meeting April 23.

Dear Sir/Madam, I understand the City of Carlsbad is prepared to take up McClellan Palomar Airport land use issues at this Tuesday’s City Council meeting (April 23rd). As a concerned resident of Carlsbad, and one who would be directly impacted by any changes in the airport I strongly urge the council to do the following:

County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

Yours Sincerely,

Dr David S Baker
7205 Aviara Drive,
Carlsbad, CA 92011
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.
1 Ana Alarcon
From: Council Internet Email
Sent: Monday, April 22, 2024 8:02 AM
To: City Clerk
Subject: FW: Tuesday’s City Council meeting

From: Michelle Noel <[email protected]>
Sent: Sunday, April 21, 2024 7:03 PM
To: Council Internet Email <[email protected]>
Subject: Tuesday’s City Council meeting

As a native souther Californian living in north county my entire 51 years I am asking the following:
 Approve the Resolution presented with an expedited timeline to complete the General Plan Amendments and Zoning Updates by the end of this year, 2024.  Include directions to define “Airport Expansion” using the California State legal definitions in our City Code.
 Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v.

County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

Thank you!

Michelle Noel
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1 Ana Alarcon
From: Council Internet Email
Sent: Monday, April 22, 2024 8:01 AM
To: City Clerk
Subject: FW: Airport Land Use

From: [email protected] <[email protected]>
Sent: Sunday, April 21, 2024 7:55 PM
To: Council Internet Email <[email protected]> Subject: Airport Land Use

Dear City Council,
Please approve Airport Land Use as follow:
.
 Approve the Resolution presented with an expedited timeline to complete the General Plan Amendments and Zoning Updates by the end of this year, 2024.  Include directions to define “Airport Expansion” using the California State legal definitions in our City Code.
 Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v.

County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

Thank you
Naz Weigley
Calavera Hills Resident

Sent from Mail for Windows

From: Bill Arsenault <[email protected]>
Sent: Sunday, April 21, 2024 7:59 PM
To: Council Internet Email <[email protected]>
Subject: Resolution for Palomar Airports

Dear Council Members,

Please help protect North County’s quality of life and adopt these resolutions. By doing so we can keep the airport from over expanding also I emailed the Mayor and the council months ago that we need a departure of 250 degrees not 245 which puts the planes right over our homes.

Thank you,
Bill Arsenault
6412 Merlin Dr
Carlsbad
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1 Ana Alarcon
From: Council Internet Email
Sent: Monday, April 22, 2024 8:01 AM
To: City Clerk
Subject: FW: Approve the airport resolution

From: Patrick Mayorga <[email protected]>
Sent: Sunday, April 21, 2024 8:30 PM
To: Council Internet Email <[email protected]>
Subject: Approve the airport resolution

 Deer city
 We as voting members of the City of Carlsbad request that the City Council reflects the will of the voters of this community in enacting the following:
 Approve the Resolution presented with an expedited timeline to complete the General Plan Amendments and Zoning Updates by the end of this year, 2024.  Include directions to define “Airport Expansion” using the California State legal definitions in our City Code.
 Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v.

County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

Thank you ,
Patrick Mayorga
6556 Coneflower Drive.

From: Patrick Mayorga <[email protected]>
Sent: Sunday, April 21, 2024 8:30 PM
To: Council Internet Email <[email protected]>
Subject: Approve the airport resolution

 Deer city Council:
 We as voting members of the City of Carlsbad request that the City Council reflects the will of the voters of this community in enacting the following:
 Approve the Resolution presented with an expedited timeline to complete the General Plan Amendments and Zoning Updates by the end of this year, 2024.  Include directions to define “Airport Expansion” using the California State legal definitions in our City Code.
 Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v.

County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

Thank you ,
Patrick Mayorga
6556 Coneflower Drive.

From: Mehul Patel <[email protected]>
Sent: Sunday, April 21, 2024 8:40 PM
To: Council Internet Email <[email protected]>
Subject: McClellan Palomar Airport land use issues

Dear Esteemed Members of the City Council,
I reside in Carlsbad, CA and close to the Carlsbad Airport.

Thank you for evaluating the Resolution for consideration regarding the General Plan Amendments and Zoning Updates, along with the directive to define "Airport Expansion" in alignment with California State legal definitions within our City Code. I appreciate the diligence and attention to detail reflected in these proposals.

Regarding the expedited timeline to complete the General Plan Amendments and Zoning Updates by the end of this year, 2024, I acknowledge the importance of timely action in ensuring the effective management and development of our city's infrastructure. I am requesting to adhering to this timeline and will allocate necessary resources and personnel to meet the established deadlines.

Furthermore, in light of the Annexation Agreement and Court ruling in C4FA v. County of San Diego, I recognize the significance of the County of San Diego voluntarily waiving all their immunities regarding land use at McClellan Palomar Airport.

As directed, I am requesting to proceed with defining "Airport Expansion" in accordance with the California State legal definitions within our City Code. This will ensure clarity and consistency in regulatory frameworks pertaining to airport development and expansion within our jurisdiction. I am requesting to involve relevant stakeholders and legal experts to ensure accuracy and compliance with existing legislation.

In conclusion, I am requesting a commitment to advancing these initiatives in a manner that prioritizes the interests of our community while upholding legal obligations and best practices. I look forward to working collaboratively with the City Council and other stakeholders to achieve our shared goals for the sustainable growth and prosperity of our city.

Thank you for your attention to these matters.
2 Sincerely,
Mehul Patel
5109 Steinbeck Court Carlsbad, CA 92008
858-414-2312
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1 Ana Alarcon
From: Council Internet Email
Sent: Monday, April 22, 2024 8:00 AM
To: City Clerk
Subject: FW: Maintaining City Control of Palomar Airport Decisions

From: J Cannon <[email protected]>
Sent: Sunday, April 21, 2024 8:43 PM
To: Council Internet Email <[email protected]>
Subject: Maintaining City Control of Palomar Airport Decisions

Greetings Council and Mayor--

In 1978, when the City of Carlsbad annexed Palomar Airport, the City required final authority on all things land use at Palomar Airport. Over the years, the County plodded along as though they were the final decision makers, and sadly, in the past, the City of Carlsbad let them. C4FA sued the County of San Diego over the County's 2018 plans to expand Palomar Airport, and won.

In the legally binding order, the Court states:
“The County voluntarily waived its immunities” and “the County voluntarily and intentionally relinquished its immunities with respect to the airport”.

As a long time Carlsbad resident, I ask the Council to:

County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

Please take the steps to ensure that all future City of Carlsbad staff and Elected Officials retain the local control granted by the Airport Annexation Agreement.

Respectfully,
Janell Cannon

2 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.
1 Ana Alarcon
From: Council Internet Email
Sent: Monday, April 22, 2024 8:00 AM
To: City Clerk
Subject: FW: Palomar McClellan Airport

From: John Leone <[email protected]>
Sent: Monday, April 22, 2024 7:55 AM
To: Council Internet Email <[email protected]>
Subject: Palomar McClellan Airport

Dear council members,

This coming Tuesday, April 23rd I will not be able to attend the open council meeting to voice my concern regarding the future of the Palomar McClellan airport. Please take the appropriate action(s) to insure Carlsbad continues to have the final say in all issues pertaining to our airport and to limit the influence of our county agencies in determining what will happen in our city.
 Approve the Resolution presented with an expedited timeline to complete the General Plan Amendments and Zoning Updates by the end of this year, 2024.  Include directions to define “Airport Expansion” using the California State legal definitions in our City Code.
 Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v.

County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

Thank you for your time and consideration. I trust you will continue to make the best decisions for all residents of our fine city.

Sincerely,

John Leone
1323 Cassins St.


Sent from my iPhone
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1 Ana Alarcon
From: Council Internet Email
Sent: Monday, April 22, 2024 7:53 AM
To: City Clerk
Subject: FW: McClellan Palomar Airport Land Use

From: Ted Bonanno <[email protected]>
Sent: Sunday, April 21, 2024 9:35 PM
To: Council Internet Email <[email protected]>
Subject: McClellan Palomar Airport Land Use

Dear City Council Members, as a resident of Aviary and someone whose family is negatively impacted by McClellan Palomar Airport on a daily basis, I urge you to do the following:

County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

The constant neighborhood overflights at all hours of the day and night do not follow the published guidance of the airport website and are harming people under the unapproved flight path. The poor safety records of personally-owned small planes means that we are at risk of a catastrophe on any given day. Thank you for putting the health and safety of Carlsbad residents ahead of the deceptive and self-interested representatives of McClellan Palomar Airport.

Sincerely,
Ted Bonanno

Ted A. Bonanno | M +1.858.395.5194 | [email protected] | LinkedIn CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.
1 Ana Alarcon
From: Council Internet Email
Sent: Monday, April 22, 2024 7:52 AM
To: City Clerk
Subject: FW: Item 5

From: Mark Lombardo <[email protected]>
Sent: Sunday, April 21, 2024 9:43 PM
To: [email protected]
Cc: Council Internet Email <[email protected]>
Subject: Item 5

Honorable Mayor and City Council,

Thank you for your leadership on this important matter.

We ask you to please:

 Approve the Resolution presented with an expedited timeline to complete the General Plan Amendments and Zoning
Updates by the end of this year, 2024.
 Include directions to define “Airport Expansion” using the California State legal definitions in our City Code.
 Acknowledge in the Resolution per the Annexation
Agreement and Court ruling in C4FA v. County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport

Thank you for your leadership.

Mark Lombardo
7311 Black Swan Place
Carlsbad 92011
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1 Ana Alarcon
From: Council Internet Email
Sent: Monday, April 22, 2024 7:51 AM
To: City Clerk
Subject: FW: Palomar Airport Council Meeting April 23, 2024

From: Maury De Bont <[email protected]>
Sent: Sunday, April 21, 2024 11:28 PM
To: Council Internet Email <[email protected]>
Cc: [email protected]
Subject: Palomar Airport Council Meeting April 23, 2024

Honorable Carlsbad City Council,

Please:

County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

Best regards,

Maury De Bont
6394 Topmast Drive
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1 Ana Alarcon
From: Council Internet Email
Sent: Monday, April 22, 2024 7:51 AM
To: City Clerk
Subject: FW: Airport Resolution

From: Nichola Riggle <[email protected]>
Sent: Monday, April 22, 2024 4:57 AM
To: Council Internet Email <[email protected]>
Subject: Airport Resolution

To whom it may concern:

As a concerned citizen and resident of this city I respectfully request the council to:

County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

Thank you.

Nichola Riggle 858-705-0782
1242 Plum Tree Road
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1 Ana Alarcon
From: Council Internet Email
Sent: Monday, April 22, 2024 7:51 AM
To: City Clerk
Subject: FW: PALOMAR AIRPORT

From: Kathleen DeMill <[email protected]>
Sent: Monday, April 22, 2024 6:43 AM
To: Council Internet Email <[email protected]>
Subject: PALOMAR AIRPORT

I am requesting the Carlsbad City Council to approve the resolution presented, for Palomar Airport, with an expedited timeline to complete all General Plan Amendments and Zoning updates by the end of 2024.

Please include all directions to define “Airport Expansion” using the California State legal definitions as outlined in our City Code.

Also, please acknowledge in the Resolution, per the Annexation Agreement and Curt ruling in C4FA v. County of San Diego, the County of San Diego voluntarily waived all immunities regarding land use at MClellan Palomar Airport.

Together we can keep this airport within our community guidelines.

Thank you,

Kathleen DeMIll
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1 Ana Alarcon
From: Council Internet Email
Sent: Monday, April 22, 2024 7:50 AM
To: City Clerk
Subject: FW: Palomar Airport

From: Katie Alfrey <[email protected]>
Sent: Monday, April 22, 2024 7:20 AM
To: Council Internet Email <[email protected]>
Subject: Palomar Airport

County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport. 
We appreciate your support.

Ken & Katie Alfrey
5155 Don Rodolfo Dr
Carlsbad, CA 92010
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1 Ana Alarcon
From: Narima Lopes <[email protected]>
Sent: Sunday, April 21, 2024 8:03 PM
To: Council Internet Email
Cc: City Clerk
Subject: Comment on Agenda Item #5
Dear Carlsbad City Council Members,

Please approve the Resolution presented with an expedited timeline to complete the General Plan Amendments and Zoning Updates by the end of this year, 2024.

Include directions to define “Airport Expansion” using the California State legal definitions in our City Code.

and

Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v. County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

Thank you for considering the residents concerns regarding the airport expansion.

Concerned Carlsbad Resident (92011)
Narima Lopes

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1 Ana Alarcon
From: Council Internet Email
Sent: Monday, April 22, 2024 2:44 PM
To: City Clerk
Subject: FW: April 23, 2024 City Council Agenda, Item No. 5 - Palomar Airport Matters From:
[email protected] <[email protected]>
Sent: Monday, April 22, 2024 2:41 PM
To: Council Internet Email <[email protected]>
Subject: April 23, 2024 City Council Agenda, Item No. 5 - Palomar Airport Matters Dear Honorable Council Members:

As long time Carlsbad residents negatively impacted by the noisy daily operations of the McClellan Palomar Airport, including the airport's lack of considerate compliance with its voluntary noise abatement and noise compliance agreements, we ask that you please:
1) Approve the Resolution presented in agenda item 5 with an expedited timeline to enable the completion of the General Plan Amend
ments and Zoning Updates by the end of the 2024 year,
2) Includ
e related directions to define “Airport Expansion” using the California State legal definitions in our City Code, and 3) Ackno
wledge in the Resolution (per the Annexation Agreement and Court ruling in C4FA v. County of San Diego) that the Cou
nty of San Diego has voluntarily waived all their immunities regarding land use at the McClellan Palomar Airport.

Thank you very much. Sincerely,
Giovanni and Anne Bertussi
Masters Road
Carlsbad, CA
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All Receive - Agenda Item #____
For the Information of the:

CITY COUNCIL
Date: ______ CA____ CC____
CM____ ACM____ DCM (3)____
5 4/22/24 x x
x x x
1 Ana Alarcon
From: Kris Wright <[email protected]>
Sent: Monday, April 22, 2024 2:20 PM
To: City Clerk; Council Internet Email
Subject: Agenda #5, Palomar Airport
Greetings Mayor Blackburn and Councilmembers,
I would like to echo many of the letters written to the council for agenda #5 for the meeting on April 22, 2024 "To request a General Plan Amendment, Zoning Amendment and LCP Amendment for New or Expanded Airport uses at McClellan-Palomar Airport."

This would include:

1. Approve the Resolution presented with an expedited timeline to complete the General Plan Amendments and Zoning Updates by the end of this year, 2024.

2. Include directions to define “Airport Expansion” using the California State legal definitions in our City Code and stated by the CPUC.

3. Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v. County of San Diego, that the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

It is so important to keep local control for our City and I appreciate the Council if they would vote to accept this agenda item.

Thanks,
Kris
Carlsbad Resident
--
Kris Wright
[email protected]
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1 Ana Alarcon
From: Council Internet Email
Sent: Monday, April 22, 2024 2:16 PM
To: City Clerk
Subject: FW: McClellan Palomar Airport Land Use

-----Original Message-----
From: Marcia Venegas-Garcia <[email protected]>
Sent: Monday, April 22, 2024 1:49 PM
To: Council Internet Email <[email protected]>
Subject: McClellan Palomar Airport Land Use

City of Carlsbad Council Members
Upcoming City Council Meeting

Please approve the Resolution presented with an expedited timeline to complete the General Plan Amendments and Zoning Updates by the end of this year, 2024 that include directions to define "Airport Expansion" using the California State legal definitions in our City Code. Also acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v. County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

Marcia Venegas-García
3962 Foothill Ave, Carlsbad 92010
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Ana Alarcon
From: Council Internet Email
Sent: Monday, April 22, 2024 1:31 PM
To: City Clerk
Subject: FW: McClellan Palomar Airport land use (April 23 City Council Mtg.)

From: Cynthia Trevino <[email protected]>
Sent: Monday, April 22, 2024 1:18 PM
To: Council Internet Email <[email protected]>
Subject: McClellan Palomar Airport land use (April 23 City Council Mtg.)

City Council Members:

When we bought our Carlsbad home in 1998, the then Airport Council was filled with appointees who did not live in Carlsbad.

When I attended meetings (ca. 1999-2002), the Airport Council appointees displayed thinly-disguised arrogance for input from me and other homeowners and residents. Clearly, they took action on zero of our inputs.

Please approve the McClellan Palomar Airport land use action with the below considerations in mind.

County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

Thank you,

Cynthia Trevino
Carlsbad Homeowner since 1998
Voter

2 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.
1 Ana Alarcon
From: Council Internet Email
Sent: Monday, April 22, 2024 12:26 PM
To: City Clerk
Subject: FW: McClellan Palomar Airport

From: Jack Reynolds <[email protected]>
Sent: Monday, April 22, 2024 11:11 AM
To: Council Internet Email <[email protected]>
Subject: McClellan Palomar Airport

I understand that Item #5 on the Council's agenda for tomorrow evening, 4/23 concerns the McClellan Palomar Airport. Please kindly:

 Approve the Resolution presented with an expedited timeline to complete the General Plan Amendments and Zoning Updates by the end of this year, 2024.
 Include directions to define “Airport Expansion” using the California State legal definitions in our City Code.
 Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v. County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

Upon reclaiming final authority on all things land use at Palomar Airport, I'd also request that the City of Carlsbad work to enforce flight paths and quiet hours as well as to ban the use of leaded aviation fuel at the airport.

Sincerely,

Jack Reynolds
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1 Ana Alarcon
From: Mary Real <[email protected]>
Sent: Monday, April 22, 2024 12:08 PM
To: Council Internet Email; Kyle Lancaster; Scott Chadwick; Geoff Patnoe; City Clerk; Mary Real; Jason Haber; Sheilacobian
Subject:

Approve Resolution & Zoning updates for Airport per C4FA updates/requests Item #5 If you can make it to City Hall on Tuesday to show your support and encourage the City Council to approve the action with the changes listed below, C4FA would be very grateful.

If you can’t be there in person, we ask you to please email the Carlsbad City Council ([email protected]). Please ask the Council to:

County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

The full Court order may be found under CEQA Lawsuit Minute Order 1 at www.c4fa.org/legal- documents

C4FA has asked the City of Carlsbad to take the steps to ensure that all future City of Carlsbad staff and Elected Officials retain the local control granted by the Airport Annexation Agreement.

From: irene bozir <[email protected]>
Sent: Monday, April 22, 2024 9:47 AM
To: Council Internet Email <[email protected]>
Subject: Tuesday agenda item #5

I respectfully ask city council to:

 Approve the Resolution presented with an expedited timeline to complete the General Plan Amendments and Zoning Updates by the end of this year, 2024.  Include directions to define “Airport Expansion” using the California State legal definitions in our City Code.
 Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v.

County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

Regards, Irene Bozir

Sent from my iPhone
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1 Ana Alarcon
From: Council Internet Email
Sent: Tuesday, April 23, 2024 8:04 AM
To: City Clerk
Subject: FW: Airport Land Use Matters
From: Marc Weiswasser <[email protected]>
Sent: Monday, April 22, 2024 7:46 PM
To: Council Internet Email <[email protected]>
Subject: Airport Land Use Matters
Dear Carlsbad City Council,
I would like to express our concern about the Palomar Airport expanding, and at Tuesday’s meeting to please:
• Approve the Resolution presented with an expe dited timeline to complete the General Plan Amendments and Zoning Updates by the end of this year, 2024.
• Include directions to define “Airport Expansi on” using the California State legal definitions in our City Code.
• Acknowledge in the Resolution per the Anne xation Agreement and Court ruling in C4FA v. County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

During the 7+ years we have lived here the air traffic, both planes and helicopters, has gotten busier and we hope that the Council will take into consideration that this area is very densely populated and the airport should not grow any larger.

I am sorry that we could not attend the meeting in person, but due to some medical issues we wanted to convey our thoughts. Thank you.

Marc & Kerry Weiswasser
7012 San Carlos St.

Carlsbad, CA 92011
702-303-7802
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links unless you recognize the sender and know the content is safe.

All Receive - Agenda Item #____
For the Information of the:

CITY COUNCIL
Date: ______ CA____ CC____
CM____ ACM____ DCM (3)____
5 4/23/24 x x
x x x
1 Ana Alarcon
From: Council Internet Email
Sent: Tuesday, April 23, 2024 8:03 AM
To: City Clerk
Subject: FW: Palomar Airport

From: Peggy Lalor <[email protected]>
Sent: Monday, April 22, 2024 5:54 PM
To: Council Internet Email <[email protected]>
Cc: Ronald Ingram <[email protected]>
Subject: Palomar Airport

Dear Council Members:

As homeowners in Carlsbad (2414 Copper Way)my husband Ron Ingram and I are concerned about the current situation that exists with Palomar airport. We will not be able to attend the upcoming council meeting but please do the following at that meeting as we support these actions:

County of San Diego, the
County of San Diego, the
County of San Diego
voluntarily waived all their
immunities regarding land
2 use at McClellan Palomar
Airport

Thank you,

Peggy Lalor
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From: Council Internet Email
To: City Clerk
Subject: FW: City Council Meeting 4/23/2024
Date: Monday, April 22, 2024 4:31:47 PM

From: Rob Ehlen <[email protected]>
Sent: Monday, April 22, 2024 4:31 PM
To: Council Internet Email <[email protected]>
Subject: City Council Meeting 4/23/2024

Dear Sirs,
I encourage you to incorporate C4FA.Org’s recommendations concerning Palomar Airport.

Thanks, Rob Ehlen
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1 Ana Alarcon
From: Council Internet Email
Sent: Monday, April 22, 2024 4:20 PM
To: City Clerk
Subject: FW: Airport Land Use Matters

From: [email protected] <[email protected]>
Sent: Monday, April 22, 2024 4:19 PM
To: Council Internet Email <[email protected]>
Subject: Airport Land Use Matters

Ladies and gentlemen of the Council:

Dear C4FA Supporters, We have some exciting news to share. The City of Carlsbad is prepared to take up McClellan Palomar Airport land use issues at this Tuesday’s City Council meeting (April 23rd @ 5pm, Agenda Item #5 at Carlsbad City Hall). These actions are happening at C4FA’s request,

As a 30 year resident of this fantastic community, I am asking you to help maintain Carlsbad's sense of safety on the ground AND in the sky above. Please,

 Approve the Resolution presented with an expedited timeline to complete the General Plan Amendments and Zoning Updates by the end of this year, 2024.  Include directions to define “Airport Expansion” using the California State legal definitions in our City Code.
 Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v. County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

In 1978, when the City of Carlsbad annexed Palomar Airport, the City required final authority on all things land use at Palomar Airport. Over the years, the County plodded 2 along as though they were the final decision makers, and sadly, in the past, the City of Carlsbad let them. C4FA sued the County of San Diego over the County's 2018 plans to expand Palomar Airport. We won. The plans were rescinded by Court order.

Respectfully,

Donald D. Sonck
6482 Torreyanna Circle
Carlsbad, CA 92011
Mobile: 760.330.0525

From: [email protected] <[email protected]>
Sent: Monday, April 22, 2024 4:07 PM
To: Council Internet Email <[email protected]>
Subject: Carlsbad City Council to Take Up Airport Land Use Matters

AS A RESIDENT AND PROPERTY OWNER IN CARLSBAD .... PLEASE...  Approve the Resolution presented with an expedited timeline to complete the General Plan Amendments and Zoning Updates by the end of this year, 2024.
 Include directions to define â€œAirport Expansionâ€ using the California State legal definitions in our City Code.
 Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v. County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

Thank You..

Alice Reysbergen

From: [email protected] <[email protected]>
Sent: Monday, April 22, 2024 3:59 PM
To: Council Internet Email <[email protected]>
Subject: CARLSBAD CITY COUNCIL to Take Up Airport Land Use Matters

 As a Resident and Property Owner in Carlsbad -- PLEASE ... 

 Approve the Resolution presented with an expedited timeline to complete the General Plan Amendments and Zoning Updates by the end of this year, 2024. 
 Include directions to define Airport Expansion using the California State legal definitions in our City Code.

 Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v. County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

Thank You...

Alice Reysbergen
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1 Ana Alarcon
From: Council Internet Email
Sent: Monday, April 22, 2024 4:08 PM
To: City Clerk
Subject: FW: Carlsbad City Council to Take Up Airport Land Use Matters

From: Alice Reysbergen <[email protected]>
Sent: Monday, April 22, 2024 3:47 PM
To: Council Internet Email <[email protected]>
Subject: Carlsbad City Council to Take Up Airport Land Use Matters

 As a Resident and Property Owner in Carlsbad -- PLEASE ... 
 Approve the Resolution presented with an expedited timeline to complete the General Plan Amendments and Zoning Updates by the end of this year, 2024. 

 Include directions to define Airport Expansion using the California State legal definitions in our City Code.


 Acknowledge in the Resolution per the Annexation Agreement and Court ruling in C4FA v.

County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

Thank You...

Alice Reysbergen
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From: Council Internet Email
To: City Clerk
Subject: FW: Airport
Date: Monday, April 22, 2024 4:07:22 PM
Attachments: PastedGraphic-4.png

From:

Gail Carroll <[email protected]>
Sent: Monday, April 22, 2024 3:38 PM
To: Council Internet Email <[email protected]>
Subject: Airport

PLEASE!!!
Approve the Resolution presented with an expedited timeline to complete the General Plan Amendments and Zoning Updates by the end of this year, 2024.

Include directions to define “Airport Expansion” using the California State legal definitions in our City Code.

In 1978, when the City of Carlsbad annexed Palomar Airport, the City required final authority on all things land use at Palomar Airport.

Over the years, the County
plodded along as though they were the final decision makers, and sadly, in the past, the City of Carlsbad let them.

C4FA sued the County of San Diego over the County's
2018 plans to expand Palomar Airport.

We won. The plans were rescinded by Court
order.

In the legally binding order, the Court states:
“
The County voluntarily waived its immunities” and “the County voluntarily and intentionally relinquished its immunities with respect to the airport”.

With a Grateful Heart
•
•
•
SeaCoast Realty, Part of PRSI
Professional Realty Services Intl
DRE# 01458201
Fine Lake & Coastal Homes… Outrageous Service!
C. 760.419.8311

Be kind, Be Polite...

Be the person you want to meet if you need a little help!

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1 Ana Alarcon
From: Howard Krausz <[email protected]>
Sent: Monday, April 22, 2024 3:08 PM
To: Council Internet Email
Cc: City Clerk
Subject: Agenda item #5 at City Council Meeting 4/23/2024 Honorable Mayor, City Council and City Attorney,

I am a longtime Carlsbad resident writing to request that the council takes the following actions:

County of San Diego, that the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

These actions will help ensure that Carlsbad asserts its rightful controls over Palomar Airport.

Howard Krausz, MD
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1 Ana Alarcon
From: Faviola Medina
Sent: Tuesday, April 23, 2024 2:15 PM
To: City Clerk
Subject: FW: City Council Meeting 04-23-2024 Agenda Item #5 From: Robin Nuschy
<[email protected]> On Behalf Of City Attorney Sent: Tuesday, April 23, 2024 2:03 PM
To: DEPT City Clerk <[email protected]>
Subject: FW: City Council Meeting 04-23-2024 Agenda Item #5 From: Hope Nelson <[email protected]>
Sent: Tuesday, April 23, 2024 10:00 AM
To: Keith Blackburn <[email protected]>; Priya Bhat-Patel <[email protected]>; Melanie Burkholder <[email protected]>; Carolyn Luna <[email protected]>; Teresa Acosta <[email protected]>; Scott Chadwick <[email protected]>; City Attorney <[email protected]>; Mike Strong <[email protected]>; Jason Haber <[email protected]> Cc: Vickey Syage <[email protected]>
Subject: City Council Meeting 04-23-2024 Agenda Item #5 To all,
Citizens for a Friendly Airport is excited about tonight's City Council Agenda Item #5. We are happy to see the progress made. We also believe that Staff has done a thorough job in their Staff Report and the documentation, and we anticipate a productive conversation at the Council Meeting.

Below are comments we have in reference to the Staff Report. We anticipate our co mments will be seen as intended, in the interest of our mutual efforts and mutual understanding to achieve our mutual goal.

1. On page 4 of 36 of the Staff Report, part of the 1st paragraph, there is detail of the Citizens for a Friendly Airport l
awsuit, Jan 26, 2022 Superior Court Order. Two parts of the decision are noted, but the third, perhaps most important detail is “Two, the county waived its immunities. It obtained CUP-172 as a condition of the City of Carlsbad’s annexation of the airport and rezoning of the land for airport use. (Petitioner’s Notic of Lodgment of Omitted Administrative Record Items (LOARI), Exhs. 4, 5.) Notably, the Local Agency Formation Commission stated the following: “In order to comply with the requirements of the Carlsbad Zoning Ordinance, an appropriate zoning designation must be placed upon the airport, and a Conditional use Permit must be obtained by the County.

The City of Carlsbad and the County are in agreement with this procedure.” (Emphasis added) (LOARI Exh. 5, p. 19.) Thus, the evidence in the administrative record indicates All Receive - Agenda Item #____
For the Information of the:

CITY COUNCIL
Date: ______ CA____ CC____
CM____ ACM____ DCM (3)____
5 4/23/24 x x
xxx
2 that the County voluntarily and intentionally relinquished its immunities with respect to the airport.

Even though this is not an "actionable" item, we believe this should be noted in any reference to the Court’s decision.

2. We are concerned about the timeline to bring this back for City Council’s final approval. We appreciate the time everyone has taken to learn and understand all the moving parts of this project.

Citizens for a Friendly Airport has been actively involved in this with the City of Carlsbad since a Nov 2017 meeting between the City of Carlsbad, San Diego County, and C4FA. Both City and County attorneys were in attendance. City Council has knowledge and experience with the Airport, having exposure to the County McClellan-Palomar Airport Master Plan, as well as a lengthy effort to get to this current agenda item. It seems that now is finally the time to get this done for our community. We hope an expedited goal to introduce a City Council public hearing before the close of 2024 can be considered.

Many thanks to all for hearing Citizens for a Friendly Airport over the years. We appreciate the attention to our cause and the effort that has gone into the Staff Report for tonight's meeting.

Sincerely,
Hope Nelson for C4FA
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1 Ana Alarcon
From: Council Internet Email
Sent: Tuesday, April 23, 2024 11:23 AM
To: City Clerk
Subject: FW: Carlsbad retaining local control

-----Original Message-----
From: DAVID COY <[email protected]>
Sent: Tuesday, April 23, 2024 10:59 AM
To: Council Internet Email <[email protected]>
Subject: Carlsbad retaining local control

Hello.

Please approve the Resolution presented with an expedited timeline to complete the General Plan Amendments and Zoning updates by the end of this year, 2024.

Please include directions to define “Airport Expansion” using the California State legal definitions in our City Code.

Please acknowledge the Resolution per the Annexation Agreement and Court ruling in C4FA v. County of San Diego. The County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

Thank you, from a resident in the flight path for eleven years! David Coy

Sent from my iPad
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Ana Alarcon
From: Council Internet Email
Sent: Tuesday, April 23, 2024 11:23 AM
To: City Clerk
Subject: FW: Palomar Airport Resolution

From: Cinda Kemper <[email protected]>
Sent: Tuesday, April 23, 2024 10:27 AM
To: Council Internet Email <[email protected]>
Subject: Palomar Airport Resolution

I am writing to request that the Carlsbad City Council approve the Palomar Airport resolution on tonight's meeting agenda, with an expedited timeline to complete the General Plan Amendments and Zoning Updates by the end of 2024.

Please include directions to define "airport expansion" using the California State legal definitions in our city code. And please acknowledge in the resolution per the Annexation Agreement and Court ruling in C4FA v. County of San Diego, the County of San Diego, the County of San Diego voluntarily waived all their immunities regarding land use at McClellan Palomar Airport.

Thank you!

-Cinda Kemper
Carlsbad, CA 92011

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Request to initiate a GPA / ZCA / LCPA
for new or expanded airports
Mike Strong, Asst. Director of Comm. Dev.

April 23, 2024
1 Agenda Item No. 5
{city of
Carlsbad

BACKGROUND
• City received a letter from C4FA to re-initiate code
amendments regarding new or expanded airports
• City Council received the request in Feb.
• Directed staff to return with an analysis and steps to implement the proposal
• Authorization to move forward with the amendments
requires a resolution of intent
2 Agenda Item No. 5
{city of
Carlsbad

AIRPORT HISTORY
• Airport opened in 1959
• Airport was annexed into the city
in 1978
• Annexation required a CUP
• County obtained a CUP from
Carlsbad in 1980
• County needs to amend CUP to
change intensity of airport’s
design
3 Agenda Item No. 5

AIRPORT MASTER PLAN UPDATE (AMPU)
• County initiated an Airport Master Plan Update in 2014 • The current ARC for the Airport is a B-II code which
represents a mid-sized business jet
• Intent was to pursue extending the existing runway
• County seeking to change ARC to C-III or D-III category aircraft
4 Agenda Item No. 5
{city of
Carlsbad
AMPU PROCESS CONT’D
• City initiated a ZCA to only allow airport uses within the existing Airport boundaries
• Airport Master Plan Update adopted in 2018
• Two lawsuits filed
• ZCA work discontinued after settlement agreement with County
• C4FA lawsuit prevailed and decision rescinded
5 Agenda Item No. 5
{city of
Carlsbad

MORE RECENT AMPU ACTIVITY
• Still seeking to expand runway and change classification to ARC D-III
- County recently adopted a Master Plan Update
- County needs to amend the ALUCP
- Airport needs to amend the Airport’s State
Permit
- County needs to amend the City CUP before
moving forward with implementing projects
6 Agenda Item No. 5
{city of
Carlsbad

REQUEST TO INITIATE CODE AMENDMENTS
• Request is to re-start code amendment process
- Add definition for “airport”
- Prohibits airport uses in all zones except the existing boundary
• Request incorporates additional changes
- Add definition for “airport expansion”
- CUP amendment to require City Council
approval
7 Agenda Item No. 5
{city of
Carlsbad
Agenda Item No. 5

TIMELINE
April/May
Finalize draft
amendments
May/June
Notice agencies
and initiate
consultation
Oct.

Conclude consultation
and respond to
comments
Sept./Oct.

Receive agency
comments
Early 2025
PC/CC hearings
8 Nov./Dec.

Prepare staff reports
{city of
Carlsbad
Agenda Item No. 5

TIMELINE
April/May
Finalize draft
amendments
May/June
Notice agencies
and initiate
consultation
Oct.

Conclude consultation
and respond to
comments
Sept./Oct.

Receive agency
comments
Early 2025
PC/CC hearings
9 Nov./Dec.

Prepare staff report
{city of
Carlsbad

RECOMMENDATION
• Authorize the processing of the code amendments
10 Agenda Item No. 5
{city of
Carlsbad

RESOLUTION - RECITAL LANGUAGE
• Add the following text as a new recital to the resolution (to be placed after the second recital):

WHEREAS, in Citizens for a Friendly Airport v. County of San Diego, the court concluded that “the evidence in the
administrative record indicates that the County voluntarily and intentionally relinquished its immunities with respect to the [McClellan-Palomar] airport.” The County of San
Diego did not appeal this decision; and
17 Agenda Item No. 5
{city of
Carlsbad

Carlsbad City CouncilApril 23, 2024

Carlsbad City Council
April 23, 2024