Court Upholds Authority of ALUC
Thanks in part to AOPA, a developer whose plans threatened Napa County Airport has been defeated in court. The decision, which upheld the authority of the Napa County Airport Land Use Commission, sets a precedent that could help to preserve airports across the state.
State Superior Court Judge Richard Bennett ruled that the Napa County ALUC acted properly when it determined that the proposed Stanly Ranch golf resort and housing development was incompatible with the airport's land-use plan. The developers had sued the ALUC, claiming that its decision was based on improper procedures and inadequate evidence. The ALUC had rejected the development over concerns that noise complaints from homeowners would threaten the airport and that lighting from the development would create a dangerous distraction for pilots.
The July 7 decision is good news for all California airports. Under state law, each county must have an Airport Land Use Commission and develop an airport land-use plan. Those commissions and plans help protect airports from development that can lead to restrictions on airport activity and even airport closures. In upholding the Napa County Commission's decision, Bennett upheld the authority of ALUCs to protect airports.
The proposed Stanly Ranch development would have included more than 500 homes and was to be located under the traffic pattern of the airport's busiest runway. During peak hours, Napa County Airport, home to Japan Airlines' ab initio training program, may see a JAL airplane landing every minute. The site proposed for Stanly Ranch is currently used primarily as vineyards and cattle pasture.
In June court proceedings, AOPA attorney Kathy Yodice helped attorneys for the ALUC defend the commission against the developers' lawsuit. In addition to AOPA's work on this lawsuit, the California Pilots Association and the Napa Airport Pilots Association joined together to file a friend-of-the-court brief opposing the development.
New Leases for Oceanside Tenants
Pilots based at Oceanside Municipal Airport are working with city leaders to amend a plan to force hangar tenants into new leases. The city attorney for the airport had drafted new leases for the tenants and demanded that all hangar tenants sign the leases or move off the airport. A group of pilots, led by AOPA Airport Support Network volunteer David Barrett, pointed out troublesome language in the proposed agreements at a city council meeting. All parties agreed that the language was contradictory and capricious and would have to be rewritten. The process of drafting new language for the lease agreements is currently under way.
RNAV Routes Under Consideration for GA
At a recent meeting to discuss area navigation along the West Coast, AOPA representatives proposed the establishment of IFR area navigation routes from the Seattle and Portland areas to San Francisco and Los Angeles. These routes, intended for use by general aviation aircraft, would be at lower altitudes than those used by air carriers. In addition, AOPA suggested the development of other IFR area navigation routes for areas of high traffic density, including Los Angeles, San Francisco, and Seattle. The ideas received support from many meeting participants. AOPA and others are working to identify the best routes through these areas.
ASN Volunteers Make Strides for Airports
Airport Support Network (ASN) volunteers around California are fighting to preserve their airports. At Tulare Airport, volunteer Michael Schoenaum is working with AOPA to battle a plan to sell 24 acres of airport land and turn it into a truck stop. That property is currently used for aviation purposes.
At Visalia Airport, ASN volunteer Darryl Grant is working to defeat a plan to build a 15,000-seat stadium one-quarter of a mile from the runway centerline. The local airport land use commission (ALUC) opposed a zoning change needed to build the stadium, and AOPA sent a letter to county commissioners supporting the ALUC. Based on opposition to the proposal, the county commission voted not to allow the zoning change, effectively halting the stadium project.
Pilots, Authority Work to Promote Airport
Pilots and authorities at Castle Airport in Atwater are working together to find the best ways to promote the airport and keep it operating. The Castle Airport Joint Powers Authority (JPA) has leased large sections of the ramp area as well as hangars to nonaviation tenants in an effort to enhance revenues at the former Air Force base.
Local pilots, who were concerned about the lack of demand for leases by aviation-related businesses, will work with the JPA to improve promotion of the airport facilities for aviation uses. While pilots hope to bring in more and more aviation users, the JPA will likely have to continue leasing to nonaviation users for some time in order to generate enough revenue to operate and maintain the large airport. Jack Kemmerly, AOPA's regional representative in California, is working with both groups to find the best ways for the airport to earn needed revenue while meeting the requirements of pilots.
AOPA at Work in Sacramento
AOPA continues to work with members of the California Aviation Alliance, Caltrans Aeronautics Program staff, and legislative staff to prepare bills that would affect aviation for hearings in fiscal committees. An expected $4 billion to $5 billion budget surplus for California could mean more money for general aviation, although many state legislators continue to view aviation funding as a federal or local responsibility. They have traditionally been reluctant to commit state tax dollars — even those collected from aviation sources — to fund aviation programs, including creating and maintaining aviation infrastructure. With this in mind, AOPA is monitoring a number of bills as they work their way through the state Legislature.
AOPA is supporting the latest incarnation of A.B.747, which would restore authority to make findings and advise local school districts about the compatibility of proposed school sites with existing airports. If Caltrans Aeronautics finds that using a particular site for a school is not compatible with an existing airport, the school district must not use local or state funds to purchase the property. The measure, which has already moved through the state Assembly's Committee on Education, is scheduled for a hearing in the Senate Transportation Committee.
Meanwhile AOPA is opposing amendments to a bill that it cosponsored. The measure, S.B.1084, was intended to strengthen airport land use commission laws and to redirect sales taxes on jet fuel from the general fund to the aeronautics account for aviation programs. Amendments to the bill deleted the provision that revenues from aviation sources be placed in the aeronautics account and instead appropriated $290,000 from existing aeronautics account funds to be distributed to airport land use commissions. With the amendments in place, the bill would reduce funds available for aeronautics capital improvement program grants and/or state matching funds for federal airport improvement grants.
Another measure cosponsored by AOPA, S.B.1286, would provide specific criteria that must be taken into account by Caltrans Aeronautics when considering a local government's proposal to close a public-use airport. The bill was approved unanimously by the Senate Committee on Appropriations in May. It passed out of the full Senate on a vote of 37 to 0 and was scheduled for hearing in the Assembly Transportation Committee.
Noise Study Set for Livermore
The City of Pleasanton has hired a consulting firm to conduct a noise and altitude study of Livermore Municipal Airport. Although the city does not own the airport or have any authority over its operation, Pleasanton's residential developments extend to the airport's boundaries and some residents have complained about noise and overflights. The study will be conducted by Brown & Buntin. No completion date has been announced.
Jet Airline Service to Return to Tahoe
Two new air carriers are offering flights between Lake Tahoe Airport and Los Angeles, San Jose, and Burbank in California, and Las Vegas, Nevada. The scheduled flights will be provided by Tahoe Air and Allegiant Air. The flights, which began in late June, are the first scheduled airline service from the airport since environmentalists won a court settlement restricting noise and airport access.
Carmel Valley Airport For Sale
The owner of Carmel Valley Vintage Airfield is selling the 99-year lease on the privately owned field. The airport, near Monterey, has an 1,820-foot paved runway with a 650-foot grass stopway and includes approximately 30 acres of land. The owner, who says he must sell the property, hopes to sell the airport to a fellow aviator who will keep it open, but fears that the land, which is zoned for residential development, will be purchased by a developer. For more information, contact Lars de Jounge at 831/659-0860 (or e-mail [email protected]).
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