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California Action

Residential subdivision approved despite Chico land use plan

An airport land use plan that called for limiting residential development near Chico Municipal Airport was not enough to stop the Butte County Board of Supervisors from giving developers the green light to build 20 large homes about one-third of a mile from the end of Runway 13R.

The board of supervisors voted in March to override the 1999 land use plan after attorneys for the developer provided the panel with the specific information it needed to legally override that plan. That 4-to-1 vote opened the way for the so-called Shuster subdivision, which will be the site of 20 upscale homes on one-acre lots. While the decision to override the land use plan cannot be finalized until the information used to justify the decision has been more closely examined, observers expected the override to receive final approval shortly.

Among those speaking to oppose the development at the March board of supervisors meeting was AOPA Airport Support Network volunteer Brian Baldridge. He was joined by the chair of the Butte County Airport Land Use Commission, a representative of the California Division of Forestry, and members of the North Valley Pilots Association.

AOPA defends Oceanside from threatened sale of airport land

AOPA has written a strongly worded letter to the mayor of oceanside after members told the association that Oceanside Municipal Airport was threatened with closure.

The letter signed by Bill Dunn, AOPA vice president of regional affairs, states that AOPA will "strongly oppose any effort to close" the airport. The letter goes on to explain how the airport provides services that are vital to the community and how the economic impact of the airport extends far beyond its boundary.

AOPA sent the letter after learning that developers, some area residents, and some members of the Oceanside City Council had proposed selling the land that houses the airport. The property could then be developed for nonaviation uses, possibly as a car dealership.

Airport users say that the airport was in existence long before homes were built in the area and fear that a decision to close and sell the airport is merely a shortsighted effort to quiet complaints and raise money for pet projects supported by a few council members. Some airport supporters have suggested that changes to the configuration of the traffic pattern could reduce noise for area residents and be the first step in improving relations between airport users and the surrounding community.

AOPA files amicus brief as San Jose curfew comes under closer examination

AOPA has filed an amicus brief in a court action that is expected to bring close scrutiny to a curfew at San Jose International Airport. The brief was filed in a case that pits Larry Ellison, CEO of Oracle Corp., against city officials.

Ellison has requested an exemption to the airport's curfew that would allow him to land his jet at the airport between the hours of 11:30 p.m. and 6:30 a.m. Ellison's attorneys argued that the exemption should be granted because the airplane is quieter than others that are currently allowed to operate during those hours. But Ralph Tonseth, director of aviation for the airport, rejected Ellison's request.

That decision sends the issue back to U.S. District Court. Earlier, U.S. District Judge Jeremy Fogel gave the city the opportunity to consider Ellison's request. Fogel implied that denying the request could open the city up to a closer examination of the legality of its curfew.

AOPA has long opposed the curfew at San Jose on the grounds that it is discriminatory and arbitrary. Oral arguments were heard by the court on April 9. The judge's ruling is expected soon.

Housing development approved near Los Banos

The City of Los Banos has ignored the recommendations of airport users and land use experts and approved a 250-unit residential development near Los Banos Municipal Airport.

The housing development will be located within the Runway 32 runway safety zone. The FAA has conducted an FAR Part 77 airspace obstruction analysis and determined that the development would not pose a threat to aircraft. Nevertheless, the airport land use commission and airport users are concerned that the development represents an incompatible land use, which will likely generate complaints against the airport and could pose a safety hazard.

The housing development has been a source of rancor between airport users and the city. The California Pilots Association filed an FAR Part 16 complaint with the FAA alleging that the city was violating airport improvement grant assurances by approving the development. The city was recently awarded a $2 million grant to lengthen the airport's runway. The FAA rejected the California Pilots Association's claim on the grounds that the group failed to show specific damages to its members as a result of the city's actions.

Now the California Pilots Association has filed a lawsuit against the city, alleging that Los Banos abused its legal discretion in approving the development despite evidence that it could create a hazard to safety.

Updated land use planning handbook readied for publication

Airport users, owners, and managers will soon have a new tool to help them with land use planning issues. Consultants working for Caltrans Aeronautics are ready to finalize the long-awaited update of the Airport Land Use Planning Handbook. The book, which is scheduled to be available in October, was last published in 1993. It has been used extensively throughout the state as a guide in efforts to develop land use plans for airports. The update will include more information on noise and safety issues that land use planning groups can consider as they work to ensure compatible land development near airports.

Measures affecting pilots now before legislature

One measure before the California State Legislature, Senate Bill 244, is likely to draw fire from AOPA over concerns that it could prevent the expansion needed to solve critical airport capacity problems. The measure, which was amended in early April, would single out airports to undergo a more stringent environmental approval process.

Among its provisions, the bill would lengthen the public review period for draft environmental impact reports to a minimum of 120 days. It would also require that any city or county where public trust land would be used for an airport project be deemed a responsible agency. In turn, each city and county would have to issue written permission for any measures taken to mitigate the environmental impact of the proposed project.

While the measure is specifically aimed at giving communities around San Francisco International Airport additional input and approval authority for any expansion at the overcrowded airport, the measure could have a far-reaching effect on airports statewide.

Another measure now before the legislature, Assembly Bill 243, has been amended to exempt jet fuel sold at airports located in enterprise zones from the sales-and-use tax normally assessed on the fuel. The measure is intended to bring more passenger and air cargo traffic to Palmdale Airport, but some aviation enthusiasts fear that the bill won't have the intended effect-but will substantially reduce the amount of revenue available to the general fund. AOPA and other aviation groups have been working to redistribute that revenue from the general fund to the state aeronautics fund, where it would be used for airport improvements and maintenance. The newly amended version of A.B.243 has been sent back to the Assembly Revenue and Taxation Committee, but no hearing date has been set.

Petaluma volunteer leads efforts to reject incompatible development, support growth

AOPA Airport Support Network volunteer Thomas McGaw, working closely with AOPA, is leading efforts to protect Petaluma Municipal Airport from encroachment and build new hangars to meet the needs of airport users.

McGaw and others drafted a resolution opposing a proposed sports complex under the traffic pattern for ultralight aircraft at the airport. The group opposes the development because it could create safety hazards both to aircraft and to those on the ground. The complex would attract a high population density to the airport boundary where bright night illumination could pose a threat to aircraft operating at the airport. McGaw hopes that the city council will endorse the resolution, effectively making it law.

In addition, McGaw and other airport supporters have created a business model to justify building new hangars at the airport. The model shows that expending the money to build the hangars will actually ensure that the airport continues to operate within its budget by generating new revenue and keeping current airport users operating at the field.

ASN volunteer to serve on airport issues group for Concord

Airport Support Network volunteer Leo Saunders has been appointed to serve on a panel that will deal with issues affecting Concord's Buchanan Field. In addition to Saunders, the
group will include representatives from surrounding cities, the county, two airport FBOs, and one additional individual. The seven members will convene to discuss noise and safety complaints, future development, public relations, pilot and aircraft owner issues, and other matters affecting the airport.

Elizabeth Tennyson
Elizabeth A Tennyson
Senior Director of Communications
AOPA Senior Director of Communications Elizabeth Tennyson is an instrument-rated private pilot who first joined AOPA in 1998.

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