To the members of t he:
CITY COUNCIL
oate~ CA ✓ cc ✓✓
CM / ACM _J{DCM (3) _
August 1, 2024
uncil Memorandum
To: Honorable Mayor Blac nd Members of the City Council From: Jason Haber, lntergov rn~~IW-C"'ffairs Director
Via: Scott Chadwick, City M na
Re: McClellan-Palomar Airport Update (Districts - All)
{city of
Carlsbad
Memo ID# 2024054
This memorandum provides an update on recent actions related to McClellan-Palomar Airport, including:
1. A summary of steps taken to draft code amendments to specify code requiremen t s and permit review procedures for new or expanded airport uses.
2. A summary of action taken by the San Diego County Regional Airport Authority - Airport Land Use Commission (ALUC) on July 11, 2024, regarding the city's proposed amendments to the City of Carlsbad General Plan and Zoning Ordinance;
3. A summary of action taken by the Palomar Airport Advisory Committee on July 18, 2024, regarding American Airlines' commercial service between Carlsbad and Phoenix, AZ; and
4. A summary of ongoing efforts to initiate a Federal Aviation Administration (FAA) community roundtable.
Discussion
1. General Plan and Zoning Code Amendments: New or Expanded Airport Uses On Jan. 2, 2024, the city received a request from the Chatten-Brown Law Group, APC, representing the Citizens for a Friendly Airport (C4FA) to initiate a General Plan Amendment and Zoning Code Amendment for new or expanded airport uses. The group sought to collaborate with the city to specify code requirements and permit review procedures 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. The City Council considered the request at its meeting on February 27, 2024, and approved a motion directing staff to review and investigate the requests from C4FA, and to bring back the item for discussion at a future meeting. On April 23, 2024, the City Council adopted a resolution of intent (Resolution No. 2024-086) to authorize the processing of code amendments. Since then, Community Development Department staff has been working with the City Attorney's Office to develop the code amendments and bring them forward for City Council's review and consideration .
City M anager's Office
Intergovernmental Affairs
1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 442-339-2820 t Council Memo - McClellan-Palomar Airport Update (Districts - All) August 1, 2024
Prior to approving any code amendments, the city must refer the proposed land use actions to different agencies and provide for a public review period.
1. The city must refer the proposed code amendments to the region's Airport Land Use Commission (ALUC) for a determination of consistency with the Airport Land Use Compatibility Plan (ALUCP). The city submitted an application to the ALUC on May 20, 2024.
As of this writing, city staff are still awaiting comments from the ALUC (see Section 2, below). Per state law, the ALUC must take final action on the city's request by August 16, 2024, or the request will automatically be deemed approved.
2. The city must also refer the proposed land use actions to California Native American tribes.
The city submitted notification letters to 32 local tribes on May 20, 2024. Two tribes responded and requested consultation. As of this writing, both tribal consultation requests remain open and active.
3. Prior to approving any code amendments, the city must also refer the proposed land use actions to regional and state agencies and provide notice of availability to the public.
Notices were sent to regional and state agencies, including the County of San Diego, on May 20, 2024. A Public Notice of Availability of proposed Local Coastal Program Amendments (LCPA) was issued, which opened a six -week public review period tha t ran from May 21, 2024, through July 8, 2024. During the public review period, the County of San Diego's Land Use and Environmental Group and Department of Public Works both responded and submitted public comment . The city also received comments from C4FA.
Once all public comments are received, staff will work through issues, responses, and develop options on how best to move forward with the code amendments. It is anticipated that this process will take a couple of months. City staff continues to meet every two weeks with C4FA representatives and staff has indicated that it is a priority to complete the work program and target hearing dates before the Planning Commission and City Council by t he end of the year.
2. San Diego County Regional Airport Authority: Airport Land Use Commission - July 11, 2024 The San Diego County Regional Airport Authority (Authority) is an independent agency charged with managing the day-to-day operations of San Diego International Airport (SAN) and addressing the region's long-term air transportation needs. The Authority has three main responsibilities:
• Operate San Diego International Airport;
• Plan for the future air t ransportation needs of the region; and • Serve as the region's Airport Land Use Commission - and ensure the adoption of land use plans that protect public health and safety surrounding all 16 of the county's airports.
Council Memo - McClellan-Palomar Airport Update (Districts - All) August 1, 2024
As mentioned above, on May 20, 2024, the city submitted the draft amendments to the ALUC for an ALUCP consistency determination. On June 18, 2024, ALUC staff issued the attached letter (Attachment A) indicating that the proposed changes were found to be "consistent with the McClellan-Palomar Airport ALUCP." The letter further stated that "the [consistency determination would] be reported to the ALUC to confirm [ ... ] at its public meeting on July 11, 2024. The determination of consistency will be final as of that meeting, unless the ALUC finds cause to delay such action, in which case a determination will be rendered within 60 days of the date of this letter[ ... ]."
On July 11, 2024, the McClellan-Palomar Airport ALUCP Consistency Determination was pulled from the ALUC Consent Agenda for discussion. After a motion to approve failed due to lack of a second, a motion to continue the item to a date prior to August 16, 2024, that is convenient to a quorum of the Airport Land Use Commission carried by a vote of 7-1.
At this time, the ALUC has not scheduled the item to be re-heard. Should the ALUC fail to act on the item prior to August 16, 2024, the consistency determination will be deemed approved.
Regardless of the ALU C's next steps, city staff remain optimistic that the necessary review and approvals by the city and other reviewing agencies can be secured for transmittal to the California Coastal Commission prior to the end of 2024.
3. San Diego County Palomar Airport Advisory Committee: American Airlines - July 18, 2024 The San Diego County Palomar Airport Advisory Committee (PAAC) advises the San Diego County Board of Supervisors and the County Chief Administrative Officer on matters related to McClellan-Palomar Airport. Item 10 on the Committee's July 18, 2024, agenda was to consider an "American Airlines Lease Agreement."
Proposed lease terms:
- Two-year term: Feb. 2025 - Feb. 2027
- Lease premises: 260 sf office and 50 sf ticket counter and kiosk area - Use of passenger terminal, parking facilities and aircraft ramp space American Airlines is expected to offer two flights per day from Carlsbad to Phoenix, AZ, utilizing a 76-seat Embraer 175 aircraft. Flights are anticipated to depart Carlsbad at 6:15 a.m. (during the San Diego County's recommended (11 p.m. to 7 a.m.) voluntary quiet hours for jet aircraft) and at an evening time to be determined.
The San Diego County staff-recommended motion was that: "Palomar Airport Advisory Committee recommends that the County Board of Supervisors approve the proposed lease with American Airlines;" however, after discussion and public comment the item was continued to the Committee's next meeting on September 19, 2024.
Council Memo - McClell an-Palomar Airpor t Updat e (Districts - All) August 1, 2024
Regardless of the Committee's ultimate recommendation regarding the lease, San Diego County staff indicated the matter would be presented to the County Board of Supervisors at a future meeting to:
1. Approve the proposed lease;
2. Amend or rescind County Board Policy F-44, or exempt the American Airlines operations from the policy, which states: "Scheduled commuter airline operations are limited to aircraft having 70 seats and meeting the approach speed and wingspan categories for McClellan-Palomar Airport in accordance with FAA regulations;" and
3. Accept the CEQA determination.
Also of note, Carlsbad representative to the PAAC, Shirley Anderson, was elected to serve as Vice Chair of the Committee at this meeting.
4. Efforts to Initiate a FAA Community Roundtable
To reduce aircraft noise impacts, the City Council, on February 13, 2024, directed staff to work with San Diego County to request a FAA community roundtable to resolve differences between the San Diego County's VNAP-recommended flight procedures and FAA flight control practices.
On March 27, 2024, the city requested that San Diego County "submit a proposal to the FAA to convene a community roundtable aimed at addressing the growing community concerns surrounding aircraft operations at McClellan-Palomar Airport in Carlsbad." On April 23, 2024, city staff received confirmation that San Diego County would attempt to facilitate the city's request through Senators Butler and Padilla and Congressman Levin. San Diego County Economic Development and Government Affairs department staff have been leading the San Diego County effort.
During a recent update to city staff, San Diego County shared the following regarding next steps:
1. FAA representatives have confirmed that the decision and logistics of establishing a community roundtable are entirely up to the county/airport operator.
2. Upon organizing and scheduling a community roundtable meeting(s), the organization may invite an FAA representative(s) to participate.
3. As discussed in the attached community roundtable information sheet (Attachment B), "the FAA[ ... ] may participate in roundtables [ ... ] to offer technical and subject matter expertise on operational questions ."
4. A roundtable may then elect to make formal recommendations to the FAA. "The FAA looks to roundtables to make recommendations, ideally in coordination with the Council Memo - McClellan -Palomar Airport Update (Districts - All) August 1, 2024
airport, because they have some recognition of the airspace operation and the impact on the potentially affected communities."
5. The FAA takes these recommendations and raises them to the applicable FAA organization, as a formal recommendation, following discussion and proper vetting.
6. After the FAA receives a formal recommendation for a change to a flight procedure or a change to airspace operations, the FAA will determine if the recommendation is feasible.
7. The information sheet describes the feasibility criteria and processes required to complete an amendment, noting that these types of changes are likely to take several years to implement.
Next Steps
Staff will remain engaged throughout the next steps on each of these items and will provide future updates to City Council.
Attachments:
A. ALUC Consistency Determination Letter - July 18, 2024 B. FAA Community Roundtable Information Sheet
cc: Geoff Patnoe, Assistant City Manager
Cindie McMahon, City Attorney
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Attachment A
June 18, 2024
Mr. Mike Strong
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92008
Re: Airport Land Use Commission Consistency Determination -Amendments to General Plan and Zoning Ordinance Governing Expansion of Airport Uses Related to McClellan-Palomar Airport, City of Carlsbad
Dear Mr. Strong:
As the Airport Land Use Commission (ALUC) for San Diego County, the San Diego County Regional Airport Authority (SDCRAA) acknowledges receipt of an application for a determination of consistency for the project described above. The area covered by this project lies within the Airport Influence Area (AIA) for the McClellan-Palomar Airport - Airport Land Use Compatibility Plan (ALUCP).
ALUC staff has reviewed your application and accompanying materials and has determined that it meets our requirements for completeness. In accordance with SDCRAA Policy 8.30 and applicable provisions of the State Aeronautics Act {Cal. Pub. Util. Code §21670-21679.5), ALUC staff will report to the ALUC that the proposed project is consistent with the McClellan-Palomar Airport ALUCP based upon the facts and findings summarized below:
(1) The project involves amendments to the City of Carlsbad General Plan and Zoning Ordinance to specify and clarify policy objectives, code requirements, and permit review procedures for new and expanded airport land uses on and around the property of McClellan-Palomar Airport.
a) General plan amendments propose the following:
i. Specify as a policy statement City opposition to any changes to the McClellan-Palomar Airport Master Plan that would increase the wingspan or approach speed for the airfield or that would accommodate larger aircraft than are currently in use at the airport such that the Federal Aviation Administration (FAA) airport design classification would require revision to anything other than a B-II Enhanced Alternative; and ii. Specify definitions for "airport" and "airport expansion" congruent respectively with the State Aeronautics Act definition of "airport" (Cal. Pub.
Util. Code §21013) and the standards of the Aeronautics Act which, if exceeded, would require an amended Airport Permit from Caltrans Division of Aeronautics (Cal. Pub. Util. Code §21661.6); and
iii. Require new or expanded "airport" uses to obtain a new or amended conditional use permit; and
PO Box 82776
San Diego, CA 92138-2776
www.san.org/aluc
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iv. Permit "airport" uses only within the current boundary of McClellan Palomar Airport.
b) Zoning ordinance amendments propose the following:
i. Permit "airport" uses only by issuance of a new or amended conditional use permit; and
ii. Amend the zoning on properties adjacent to McClellan-Palomar Airport to remove "airport" as permissible uses, such that only the property within the current boundary of McClellan-Palomar Airport as depicted in the city zoning map would remain as permissible for "airport" uses. (2) The ALUC does not exercise jurisdiction over operations of any airport, and its statutory role and duty is to advise local agencies on the consistency of proposed projects within the AIA of an adopted ALUCP (Cal. Pub. Util. Code §21674). (3) The proposed project does not involve any actual development and, thus, would not establish any use which would be incompatible within any ALUCP noise contours . (4) The proposed project does not involve any actual development and, thus, would not establish any use which would be incompatible within any ALUCP airspace protection surfaces.
(5) The proposed project does not involve any actual development and, thus, would not establish any use which would be incompatible within any ALUCP safety zones. (6) The proposed project does not involve any actual development and, thus, would not establish any use which would be incompatible within the ALUCP overflight notification area.
(7) Therefore, the proposed project is consistent with the McClellan-Palomar Airport ALUCP. (8) A determination of consistency is not a "project" as defined by the California Environmental Quality Act (CEQA), Cal. Pub. Res. Code §21065, and is not a "development" as defined by the California Coastal Act, Cal. Pub. Res. Code §30106.
The information above will be reported to the ALUC to confirm this letter at its public meeting on July 11, 2024. The determination of consistency will be final as of that meeting, unless the ALUC finds cause to delay such action, in which case a determination will be rendered within 60 days of the date of this letter, to be confirmed by additional correspondence .
Any determination of consistency rendered by the ALUC is limited to the project plans and descriptions submitted with the application and is not transferable to any revision of this or any similar, future project involving a change in land use, in building or crane height, or in
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building area in excess of 10 percent (provided area increase does exceed ALUCP standards) of any prior ALUC determination. Any change or exceedance in these characteristics requires a new consistency determination prior to decision-making consideration by the local agency.
Please contact Ed Gowens at (619) 400-2244 or [email protected] if you have any questions regarding this letter.
Yours truly,
Ralph Redman
Manager, Airport Planning
cc: Amy Gonzalez, SDCRAA General Counsel
Sjohnna Knack, SDCRAA Planning, Noise, & Environment
Jamie Abbott, County of San Diego Airports
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What is a Roundtable?
"Roundtable;' in the aviation context, is generally
and historically a term for an organization
established to address concerns raised by
communities relating to the operation of a nearby
airport.
Airports, local governments, or agreements among multiple jurisdictions are mostly those that initiate the formation of a roundtable and subsequently chair the meetings,
The FAA, alongside the airline industry and other
stakeholders (e.g., the U.S. Military), may participate in roundtables, subcommittees, and associated working
groups to offer technical and subject matter expertise on operational questions,
Roundtables typically have group-approved charters
or bylaws that provide an agreed-upon structure for
membership, meetings, and processes,
A roundtable may elect to make formal recommendations
to the FAA Ideally, applicable recommendations are first coordinated through the airport (or technical consultant), who will then, as appropriate, forward them to the
applicable entity (e.g., the FAA, airlines, or zoning authority), How Can Roundtables
be Beneficial?
Historically Airport and Community Roundtables
have been the venue to provide a constructive
and equitable engagement with communities
and airport stakeholders. These forums allow
all communities related to a given airport(s) to
discuss concerns openly.
The FAA's engagement and participation in a roundtable
can assist and advise the FAA on community outreach or
information needs and help the FAA better understand
community priorities,
Roundtables support a transparent process where
communities who may be impacted by aviation have a seat and voice,
Outside of a roundtable's collaborative, consensus-driven environment, individual communities could inadvertently address their concerns at the expense of other
communities,
Roundtables serve as a sustainable approach for the FAA to equitably address the concerns of similarly impacted communities,
Because roundtables have broad representation, the group can collaborate/ discuss challenges, and provide consensus recommendations to the FAA.
Roundtable Engagement Guidance 1 FAA Community Engagement What is FAA's Role in Roundtables?
FAA representatives are invited and can participate in roundtable meetings to provide technical information and advice, but they are not members and do not vote on roundtable issues.
The FAA can brief roundtables on various aviation requested topics to deliver clear and consistent messages to similarly impacted communities.
FAA representatives you may see at a roundtable meeting are:
!
Air Traffic Organization (ATO)
provides technical expertise,
data, and analysis on
operational issues and airspace
procedural design when requested by
the roundtable.
Office of Airports (ARP)
provides information about
airport operations, airport
design, grant assurances, important
information regarding an airport's role
in the voluntary Part 150 noise
compatibility-planning program, and
the regional and national system of
airports.
I_,,.. Office of the Regional
' Administrator (RA)
covers outreach
initiatives, emergency transportation
preparedness and response, and daily
oversight and implementation of FAA
programs and initiatives.
Community Engagement
Officer (CEO) is a key team
member across the nation
coordinating with all necessary lines of
business to develop effective planning
and manage community engagement
related to aviation issues within their
assigned areas.
The most productive roundtables invite FAA and other representatives as regular attendees or on an as-needed basis to address agenda topics with sufficient advance notice to enable the FAA to identify appropriate representation and prepare information across the agency.
Roundtable Engagement Guidance 2 FAA Community Engagement How Can Roundtables Inform Change?
The FAA looks to roundtables to make recommendations, ideally in coordination with the airport, because they have some recognition of the airspace operation and the impact on the potentially affected communities.
The FAA takes these recommendations and raises them to
the applicable FAA organization (e.g., for potential airspace operational changes, multiple lines of business within ATO will coordinate), as a formal recommendation, following discussion and proper vetting,
The FAA does not require a roundtable to contract
technical support in order to submit a recommendation;
however, it may be a valuable addition to ensure that
consensus recommendations are clear for the initial
feasi bi I ity.
After the FAA receives a formal recommendation for a
change to a flight procedure or a change to airspace
operations, the FAA will determine if the recommendation is feasible. While the proposed changes are evaluated
using the criteria below, the FAA keeps the roundtable
appris~d of the status. It is important to remember that making any change, even one that appears to be minor,
must follow all of the FAA's processes to ensure the safety of the National Airspace System (NAS), and that process does not happen quickly. These types of changes are likely to take several years to implement.
Instrument Flight Procedures (IFP) Informat ion Gateway:
0 1. Anyone may ment (e.g., ATC, flight status of those amendments and depend on priorities and submit a proce- standards, FPT, etc.) require using the IFP Information resources, which may take dure request to airport authority concurren- Gateway. years to accomplish. The the IFP Gateway. ce prior to submission. FAA provides the roundtable [O
4. If the FAA with more detailed informa-
0 2. All requests not
[SJ
3. The_ public determines the tion about the processes, made by the airport may sign up for recommendation timetables, and milestones. authority or internal v notifications of is indeed "feasible," the re- As the recommendation pro- FAA sections responsible for procedure amendments commendation may proceed gresses, the FAA updates the air traffic control (ATC) and associated with respective to review further. These re- roundtable on the environ- flight procedure develop- airports and monitor the views can have many steps mental and safety reviews.
Remember that making any change must follow all of the FAA's processes to ensure the safety (NAS).
Roundtable Engagement Guidance 3 FAA Community Engagement There are four feas ibility cons iderat ions the FAA reviews before any procedure change:
~ 1. Technical Feasibility
Can the aircraft safely fly
what is proposed?
2. Operational Feasibility
Can the recommendation
accommodate the ope
rational challenges and constraints
in that particular airspace? This
recommendation has to consider
other airports because something that
works in one airspace may not work
in another.
cW
3. Environmental
Feasibility All federal
actions must comply with
the National Environmental Policy Act
(NEPA), which requires environmental
impact analyses of proposed airport
actions subject to FAA decision.
'~,,, 4. Financial Feasibility
- - Is the recommendation is
,,, ' financially supportable?
Airspace is complex and intercon
nected, It is quite likely that implemen-
ting a community recommendation
may require additional changes to
other procedures or to the airspace
itself. While the single change may be
feasible, the additional changes nee
ded to enable the recommendation
may be cost-prohibitive based on the
additional work that would need to be
completed.
Once a recommendation has passed feasibility assessments, these are the actionable processes:
Design/
Development
(How long
might that take?)
~ LL @
......... Enviro~~ ental ......... Sa;ety ......... 1:§ ~ Review/ ~ R' k ~ . .
A t/ Is Tram mg ssessmen
Study Management
Roundtable Engagement Guidance 4 FAA Community Engagement