On Oct. 23, 2018, City Council met in closed session to discuss potential litigation. Following the closed session discussion, the City Attorney provided the following report.
“City Council met in closed session this morning with the City Attorney and outside counsel. Counsel presented a lengthy list of actions that the city could take to ensure that San Diego County respects our residents and the city‘s rights with respect to the McClellan Palomar Airport. Among the options presented, the City Council chose the most aggressive approach and directed the lawyers to pursue a multi-pronged strategy to protect the city’s legal rights. The City Council directed the lawyers to file a legal challenge to the approval of the Master Plan and certification of the Program EIR unless the County agrees to extend the deadline for the city to file suit and also to pursue a creative and forceful strategy to supplement the litigation. Notwithstanding its decision, the City Council made it clear that the door is always open to a negotiated resolution, should the county change its approach to the city and its residents’ interests."
The City Council vote was:
for: C. Schumacher, M. Schumacher and K. Blackburn
against: M. Hall and M. Packard
Resolution of Intention
On Oct. 16, 2018, City Council passed Resolution of Intention 2018-182 to initiate a zoning ordinance amendment to limit airport and airport supporting uses to the existing McClellan-Palomar Airport property. Specifically, the amendment would allow airport and airport supporting uses with approval of a conditional use permit only within the McClellan-Palomar Airport property boundaries and would prohibit such uses in all other zones and on all other properties within the city.
The City Council passed the resolution unanimously.
Currently, city staff is processing applications as necessary to implement City Council’s direction. These applications would amend the Zoning Ordinance, Zoning Map, and Local Coastal Program. The amendments will require noticed Planning Commission and City Council public hearings to be considered for approval. Drafts of the proposed amendments are provided below:
Approved the McClellan-Palomar Airport Master Plan Update
Selected the D-III alternative design, which allows for a runway extension up to 800 feet
Adopted findings for mitigation of significant environmental impacts
Adopted a statement of location and custodian of record
Adopted a decision and explanation regarding recirculation of the draft environmental document
Adopted a program for mitigation monitoring and reporting
The Board of Supervisors also directed County staff to return with an ordinance amending the appointment process for members of the Palomar Airport Advisory Committee to allow the Carlsbad City Council to submit a recommended appointee for consideration by the District 5 Supervisor.
The Board further directed County staff to work with the City of Carlsbad to strengthen the airport’s Voluntary Noise Abatement Program and to actively monitor complaints and enforce noise violations. City of Carlsbad staff prepared a memo summarizing the action taken by the County Board of Supervisors. Video of the Board of Supervisors hearing is available on the County of San Diego website.
Additionally, the Carlsbad City Council received a presentation at their Sept. 11, 2018 meeting from the law firm of Kaplan, Kirsch and Rockwell and directed staff to work with the County of San Diego to identify specific actions that will be taken to improve the working relationship between the county and the city, and to address community concerns regarding McClellan-Palomar Airport.
City of Carlsbad staff will continue to work with County of San Diego staff on the actions recommended by the City Council and will provide periodic progress updates to City Council.