Palomar Airport: More Couty PMP Questions, Part 3D, Blog 72

County will soon release its 2015-2035 Palomar Airport Master Plan (PMP).  Mainly, the PMP will confirm the county desire to extend the Palomar runway.   County needs to tell us what law the county will follow.  Carlsbad, county, state, or all?

The County and Carlsbad Positions are Confusing and Inconsistent

The County Counsel said in 2011:  “[T]he extension of the runway …  shouldn’t require a zone change, general plan amendment or other legislation from the City to complete (Lawler v. City of Redding (1992) 7 Cal. App. 4th 778). (Blog 70) 

County reliance on Lawler is interesting.  In Lawler, the court said a Redding recreational sports field need not conform to the county’s general plan.   Apparently the county says that Lawler means that county airport projects need not comply with Carlsbad planning or zoning law because governmental agencies cannot regulate each other unless a law specifically allows it.

The county counsel position plops the county into a dilemma. Which is it?  Carlsbad could or could not adopt Carlsbad Conditional Use Permit 172 [CUP 172] to regulate Palomar airport development?  County could or could not apply for CUP 172?

Why Lawler  is Irrelevant?

In the Lawler case, an unhappy citizen said the county general plan restricted Redding.  But before proposing the sports field, Redding had not asked the county to regulate Redding.  In contrast, county applied for and accepted CUP 172.  By accepting CUP 172, the county incorporated it into the county planning code.

Carlsbad: Buffaloed, Business-Blind-Sided, or Legally Uncertain?

What does Carlsbad really believe?  The public shouldn’t have to guess.  Hold public hearings and tell us

#1: Has the County  “Buffaloed” Carlsbad into Looking the Other Way?

Recall from Blogs 34 - 40 that in 2012 Carlsbad staff questioned county CUP 172 compliance by comments on the FAA environmental documents for a proposed new Palomar air carrier.  But in 2013, the then Carlsbad City Manager withdrew the concerns, apparently after a county counsel letter to Carlsbad. The Council did not schedule the item on the Council agenda for public comment.  Did the county “Buffalo” Carlsbad and will the county do it again?   Did Carlsbad comply with the Brown Act?

#2: Is Carlsbad Turning a Blind Eye to CUP 172 to Promote Carlsbad Business?

Carlsbad should balance business and community interests.  If Carlsbad council members want to loosen zoning requrements that promote higher Carlsbad quality of life, they can.  Just disclose the facts including business political contributions.   Hold a public hearing.  Vote so council members can be held accountable.  The Council is now favoring businesses by loosening Carlsbad signage requirements.   (Council members forget the eyesores such signs create along LA freeways).

Carlsbad should similarly act on county Palomar projects in the open, not behind closed doors.  Sacrifice Palomar safety and environmental concerns to promote business if the Council deems that wise.  Just be accountable to voters.

#3 Is Carlsbad Uncertain Whether Carlsbad, County, or State Planning and Zoning Law Governs Palomar Operations?

For the reasons above, the law governing Palomar Airport is complex.  That is why a judge needs to analyze the legal issues above. The Carlsbad City Attorney and Carlsbad Council need to file a declaratory relief action in court to determine once and for all: Who regulates Palomar Airport development?

If Carlsbad has the power, Carlsbad needs to hold public hearings on whether  County CUP 172, Condition 8 relating to airport expansion, requires an amendment if the County extends the runway.  That CUP hearing may trigger a public vote pursuant to Carlsbad Municipal Code § 21.53.015.

If County, not Carlsbad, has the power, fine.  Then the county needs to explain which county planning and zoning laws apply to a Palomar runway extension.

Today, county has the best of all worlds.  Avoid Carlsbad laws that apparently apply and avoid the County laws that might apply if the Carlsbad laws do not.