O2251F:\MunicipalLaw\Share\LAW S\MJM\ACPOrdinance2d.doc
City Council Meeting 3-11-08
Santa Monica, California
2251
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING SECTION 10.04.06.220 TO THE SANTA MONICA MUNICIPAL CODE
CONFORMING USE OF SANTA MONICA MUNICIPAL AIRPORT TO ITS FEDERALLY
DESIGNATED SPECIFICATION OF ARC B-II
WHEREAS, the City of Santa Monica owns and operates a busy municipal
airport which is immediately adjacent to dense residential neighborhoods at both ends
of its runway but which has no buffer zones or Runway Safety. Areas to protect airport
neighbors and users against the risk of .accidents occurring .during takeoffs and
landings; and
WHEREAS, as the proprietor and operator of the Santa Monica Municipal
Airport, the City must keep the Airport safe for Airport neighbors, pilots, passengers and
others; and
WHEREAS, the City's duty to keep the Airport safe is recognized by both state
and federal law; and
WHEREAS, Airport safety is of particular concern to the City because of the
Airport's unique circumstances; and
WHEREAS, those unique circumstances include the very close proximity of
homes and arterial streets to the ends of the runway, the lack of any buffer zones or
Runway Safety Areas between the Airport and surrounding residential and commercial
1
development, and the Airport's physical location on a plateau with steep downhill grades
at either end of the runway; and
WHEREAS, in the dense residential neighborhoods bordering the Airport at each
end of the runway, homes are within 300 feet of the runway's ends and directly within
the flight path; and
WHEREAS, these residential neighborhoods are separated from the Airport only
by busy arterial streets which run along the Airport's western and eastern boundaries;
and
WHEREAS, in addition to the residential neighborhoods bordering the Airport to
the east and west, a gasoline station is situated opposite the eastern end of the runway
and heavily utilized public facilities are located in the residential neighborhood to the
west, including a child care facility; and
WHEREAS, the Airport is thus entirely surrounded by residential and other urban
development with no buffer zones or Runway Safety Areas to separate Airport
operations from the densely populated neighborhoods around it; and
WHEREAS, the Airport is situated. on a plateau which drops off steeply about 40
feet to the west and southwest and which is bordered by hilly terrain to the east and
west; and
WHEREAS, the natural terrain exacerbates the risks inherent in the proximity of
homes to the runway ends, and it limits the options for enhancing safety: and
WHEREAS, in past decades, the Airport's lack of buffer zones and safety areas,
proximity to homes and unusual topography did not raise the same safety concerns as
2
exist today because of the sharp increase in aircraft with greater Runway Safety Area
requirements; and
WHEREAS, the Airport was designed to accommodate a fleet of general aviation
aircraft with slow approach speeds; and
WHEREAS, in the last several decades, both the composition of the Airport's
fleet and the intensity of operations have changed substantially; and
WHEREAS, in the 1960'S jets began using the Airport and disputes arose
between the City and the federal government about Airport impacts and operations; and
WHEREAS, these disputes were litigated and eventually settled in 1984 with the
Santa Monica Airport Agreement ("1984 Agreement") between the City and the Federal
government which guides the City's actions in operating the Airport today; and
WHEREAS, the 1984 Agreement recognizes that the Airport is designed to
accommodate general aviation aircraft consistent with Group II Design Standards as set
forth in the FAA Advisory Circular 150/5300.46, dated February 24, 1983; and
WHEREAS, that federal Advisory Circular states that "the standards,
recommendations and guidance material in this Advisory Circular define an airport
suitable for the less demanding Aircraft Approach Category A and B airplanes, i.e.,
airplanes with approach speeds of less than 121 knots ...."; and
WHEREAS, consistent with the 1984- Agreement, the Airport Layout Plan,
approved by the FAA on August 20, 1991, assigns an Airport Reference Code
designation of B-II to the Airport and obligates the City to operate the Airport
accordingly; and
3
WHEREAS, pursuant to federal law, the B-II designation means that the Airport
is designed to serve aircraft whose approach speeds are less than 121 knots; and
WHEREAS, current FAA standards require Runway Safety Areas to protect
against the dangers of aircraft overruns; and
WHEREAS, FAA Order 5200.8 (Runway Safety Area Program) provides that all
federally obligated airports should provide a Runway Safety Area for aircraft overruns
consistent with the standards of FAA Advisory Circular 150/5300-13 (Airport Design);
and
WHEREAS, the Santa Monica Airport is currently a federally obligated airport
because the City accepted federal airport grants through 1994; and
WHEREAS, the Order also applies because the FAA has declared that "Runway
Safety Area standards cannot be modified or waived- like other airport design standards"
Advisory Circular 150/5300-13CHG7; and
WHEREAS, in the years since 1984, the City's safety concerns arising from the
lack of Runway Safety Areas have grown because there has been a rapid increase in
Airport use by Category C and D aircraft which exceed the Airport's design standards
because their higher landing speeds require 1,000 foot Runway Safety Areas; and
WHEREAS, over the last twenty-five years, the number of category C and D
aircraft using the Airport has increased ten fold; and
WHEREAS, in 2002, the Santa Monica City Council addressed these growing
safety concerns by approving an Aircraft Conformance Program which would conform
operations at the Airport to federal standards applicable to Airport Reference Code B-II
airports; and
4
WHEREAS, to implement a key component of the conformance program, the
City submitted an Airport Layout Plan (ALP) to the FAA on September 8, 2004 designed
to bring the Airport within FAA standards by establishing Runway Safety Areas for
Category A and B aircraft; and
WHEREAS the Airport Layout Plan submitted by the City in 2004 is consistent
with both the FAA Runway Safety Area standards to accommodate Category A and B
aircraft and the City's obligation to accommodate such aircraft pursuant to the 1984
Agreement; and
WHEREAS, the FAA has failed to approve or disapprove the City's proposed
safety plans despite the fact that they reflect federal safety standards and comport with
the City's rights and responsibilities under the 1984 Agreement; and
WHEREAS, instead of approving the City's safety plans, the FAA has challenged
the City's right to even consider them, disputed their legality, and delayed and
forestalled their implementation; and
WHEREAS, the City of Santa Monica has engaged in exhaustive discussions
with the FAA for over five (5) years in response to the FAA's insisting upon alternative
and lesser proposals; and
WHEREAS, the FAA's proposals are inadequate because they fail to provide
Runway Safety Areas that even come close to meeting the FAA's published standard of
1000 feet (or the equivalent stopping power provided by an arresting system bed) for
Category C and D aircraft, which are defined by the FAA as those aircraft with approach
of 121 knots or more; and
5
WHEREAS, during the City's lengthy but unavailing attempts to cooperatively
resolve its dispute with. the FAA, the number of Category C and D aircraft using the
Airport has continued to grow and has increased by about 40%, from about 6,700 in
2001 to about 9,000 in 2006; and
WHEREAS, despite the growing safety risks, on August 28, 2007, the FAA
Associate Administrator for Airports made a presentation to the Santa Monica City
Council; and his presentation confirmed that the FAA's final offer for resolving the
Runway Safiety Area issue by agreement with the City would not even come close to
meeting the FAA's own published standards for safety areas for Category C and D
aircraft; and
WHEREAS, FAA guidance formally recognizes the risk of overruns: "Aircraft can
and do overrun the ends of runways, sometimes with devastating results." AC No.
150/5220-22A; and
WHEREAS; a catastrophic overrun may occur at any airport but is particularly
likely to occur if there are inadequate Runway Safety Areas and the airport is closely
surrounded by residential neighborhoods; and
WHEREAS, runway overruns occur throughout the country every year; and
WHEREAS, in 2002 a Category B aircraft skidded off the west end of the runway
at the Airport and the pilot and passenger were both killed in the accident; and
WHEREAS, this year in Santa Barbara a private aircraft overran the runway by
over 300 feet; and
WHEREAS, in Burbank a commercial jet overran the runway, traveled through
the fence at the airport boundary, and finally came to rest in a gasoline station; and
6
WHEREAS, recently in Teterboro, a private aircraft overran the runway, crossed
an adjacent roadway and came to rest in a commercial center; and
WHEREAS, the overruns at Santa Barbara and Teterboro involved Category C
and D aircraft like those currently operating at the Santa Monica Airport; and
WHEREAS, a similar overrun in Santa Monica would likely result in the aircraft
plummeting into the residential neighborhood that lies just below the west end of the
runway - a risk that the City must take steps to avert; and
WHEREAS, this ordinance will greatly enhance Airport safety, but it will not
impose any unlawful or unreasonable burdens; and
WHEREAS, with the addition of appropriate safety areas, the Airport's single
runway of less than 5,000 feet in length can safely accommodate general aviation
aircraft with slower approach speeds, that is those designated by Federal Aviation
Administration as Category A and B aircraft because they have approach speeds of less
than 121 knots; and
WHEREAS, the adoption of this ordinance will not ban or prevent any person
from using the Airport or discriminate based upon an aircraft's type of power plant; nor
will it unjustly discriminate against any type of aircraft; rather, the distinction made by
this ordinance constitutes a reasonable safety measure that is based on distinctions
contained in federal standards and that is consistent with the City's legal authority and
contractual rights and obligations under the 1984 Agreement; and
WHEREAS, adopting this ordinance will not affect the vast majority of aircraft
which utilize the Santa Monica Airport and will impact only the small percentage of
aircraft which are not compatible with the Airport facilities; and
7
WHEREAS, only about 7% of current airport operations will be affected by this
ordinance; and
WHEREAS, the sole burden caused by this ordinance will be that a small
number of persons who travel by private aircraft will need to either use different aircraft
to fly to or from Santa Monica or use another of the region's airports; and
WHEREAS, that minimal burden upon private aircraft operators is far
outweighed by this ordinance's safety benefits to thousands of Airport neighbors, pilots,
passengers, and the City; and
WHEREAS, in striking the balance between, on the one hand, the convenience
of a few; and, on the other, the safety of many, the City, as a prudent Airport proprietor,
must exercise its authority and fulfill its most basic duty, protection of public safety.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 10.04.06.220 is hereby added to the Santa Monica
Municipal Code to read as follows:
Section 10.04.06.220. Conformance Requirements.
(a) Statement of Purpose and Authority. This section is enacted
pursuant to the authority of the City of Santa Monica as the owner,
operator and proprietor of the Airport to make reasonable regulations
intended to protect the safety of persons living adjacent to the Airport and
flying in aircraft using the Airport. This section comports with agreements
8
between the City and the Federal Aviation Administration recognizing the
City's obligation to serve category A and B aircraft at the Airport and its
right to prohibit or limit any other given type, kind or class of aeronautical
use of the Airport if such action is necessary for the Airport's safe and
efficient operation.
(b) Prohibition. No person operating a category C or D
aircraft, as defined by the FAA's standards, shall land at or
depart from the Santa Monica Municipal Airport.
(c) Emergency Exception.. The prohibition contained in
this section does not apply to the operator of fixed wing
aircraft who believes in good faith, based on special
circumstances, that a bona fide emergency exists such that
it is absolutely necessary that the aircraft depart or land at
the Santa Monica Municipal Airport in order to preserve life
or property.
(d) Penalties and Remedies. Any person who is convicted
of violating this section shall be guilty of a misdemeanor and
upon conviction shall he punished by a fine not greater than
One Thousand Dollars ($1,000) or by imprisonment in the
County Jail for not more than six months, or by both such
fine and imprisonment. Additionally, any person, including
the City, may enforce this section by means of a civil action
for legal or equitable relief; and, nothing in this section shall
9
preclude any person from seeking any other remedies
afforded by law.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
,~
MA HA J ~S MOUT IE
City ttorne
10
Approved and adopted this 25th day of Marc
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maris M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing ordinance No. 2251 (CCS) had its introduction on o2/z6/o8 ,and was
' adopted at the Santa Monica City Council meeting held on "'03/25/os" :;'2008; by the
#i;,~owing-vote:
Ayes: Council members:
Noes: Council members:
Abstain: Council members:
Absent: Council members:
Genser, Holbrook, McKeown, O'Connor, Shriver
Mayor Pro Tem Bloom, Mayor Katz
None
None
None
A summary of Ordinance No. 2251 (CCS) was duly published pursuant to California
Government Code Section 40806.
ATTEST:
Q1AlgA ~-
Maria M. Stewart, C ty Clerk