This letter was sent on 5-19-04 to:
James E. Hartl, AICP Department of Regional Planning Hall of Records (13th Floor) 320 West Temple Street Los Angeles, CA 90012
R. Austin Wiswell Division Chief Department of Transportation Division of Aeronautics, MS # 40 P. O. Box 942874 Sacramento, CA 94274-0001
All the photos can be clicked for an enlarged version
Summary
Common Issues to all the Identified Issues
A new paved unpermitted airplane parking area has been added south of the
runway.
Some of this new pavement is located on lands that are not part of the
county SP 1404 permit.
This new pavement is located on a blue-line stream.
Ten new hangers have been constructed or are under construction north of
the runway.
It appears that these 10 new hangers do not conform to FAA FAR Part 77
rules.
Many of the recreational facilities are located too close to the runway
People have been allowed to wander onto the taxiway and into the OFZ
A large group of concerned residents in the area around the Agua Dulce Airpark have many issues regarding the expansion of the aviation and recreations facilities at this 102.5 acres local airport. They fear that the increase in air traffic in the center of Agua Dulce and the subsequent increase in environmental impacts such as noise and safety concerns is devastating to their peaceful enjoyment of their homes and to their property values. Expansion will also negatively affect the rural lifestyle of the surrounding area including Agua Dulce, Acton and the Canyon Country neighborhoods in the City of Santa Clarita. A summary of the aviation safety and other local issues that have been thus far identified are:
A new unpermitted paved airplane parking area, taxiways and access road have been added parallel to, and south of the runway. This work was completed without the benefit of any county public review process or permits and was not approved by the State Division of Aeronautics. This is an expansion of at least 50% in available tie down space.
Some of this new pavement is located on lands that are not part of the county SP 1404 permit.
This new pavement is located on land that is in the Agua Dulce Canyon Creek, which is a mapped floodway and blue line stream.
Ten new hangers have been constructed or are under construction north of the runway. These hangers are much larger than the T-hangers approved in county SP1404. They were ministerially permitted by Building and Safety without the benefit of any public review and again it appears without the approval by the State Division of Aeronautics. Four of these new hangars are east of the pilots lounge in an area designated by S.P. 1404 as a tie down area.
It appears that these 10 new hangers do not conform to FAA Far Part 77 rules. Had these new hangers been built according to the plot plan approved last summer with a maximum height of 17.5 feet, they may have conformed to this standard. It appears from close-up photographs and airpark advertising that these hangers are much higher than 17.5 feet.
Many of the recreational facilities are located too close to the runway area. Most of the soccer fields are located in the runway protection zone (RPZ), an area where state land-use guidelines find that only a very limited number of people to an acre are allowed for very short periods of time. The swimming pool is located about 400’ from the runway and is an area where land-use maximum densities of only 100 people per acre are allowed.
People have been allowed to wander onto the taxiway and into the OFZ. Return to index
A Common Issue to All the Identified Issues
Airport modification and planning is a contentious issue in almost every community within the state that has an airport. The California Legislature has recognized this and has enacted laws that govern how airports are to be developed. California AERONAUTICS LAW section 21661.6 (e) states: "use of property so acquired shall thereafter conform to the approved plan, and any variance from such plan, or changes proposed therein, shall first be approved by the appropriate board of supervisors or city council after a public hearing on the subject of the variance or plan change."
Although the Agua Dulce Airpark is a privately owned "public use" airport, this is a good rule to follow, so that the below contentious issues can be avoided before plans are approved or construction begins. The detailed information for each issue is as follows: Return to index
This work was accomplished without the Airpark owner first obtaining any county permit. The California Division of Aeronautics was not notified prior to the work on this project commencing. There are some very important aviation issues related to this new pavement area. Pilots and passengers need to be able to get to their planes that will be parked in this new area. Crossing the runway on foot or in a motor vehicle is generally unacceptable to the FAA. An excerpt from FAA Circular 150: 5210-20:
7. VEHICLES ON AIRPORTS. Airport operators should keep vehicular and pedestrian activity on he airside of the airport to a minimum. Vehicles on the airside of the airport should he limited to those vehicles necessary m support the operation of aircraft services, cargo and passenger services, emergency services, and maintenance of the airport. Vehicles on the movement area should he limited to those necessary for the inspection and maintenance of the movement areas and emergency vehicles responding m an aircraft emergency on the movement area Vehicles should use service roads or public roads in lieu of crossing movement areas whenever possible Where vehicular traffic on airport operation areas cannot he avoided, it should carefully controlled
When necessary runway crossings should occur at the departure runway end rather than the midpoint. In the event of a runway incursion, an aircraft would have time and runway length to react if the vehicle
The definition of the Object Free Area from FAA Circular 150-5300 (for utility runways like Agua Dulce its width is 250 feet wide):
307. RUNWAY OBJECT FREE AREA, The runway object free area (OFA) is centered on the runway centerline. The runway OFA clearing standard requires clearing the OFA of above ground objects protruding above the runway safety area edge elevation. Except where precluded by other clearing standards, it is acceptable to place objeets that creed to be located in the OFA for air navigation or aircraft ground maneuvering purposes and to taxi and hold aircraft in the OFA. Objects non-essential for air navigation or aircraft ground mars-eying purposes are not to be plated in The OFA. This includes parked airplanes and agricultural operations. Tables 3-1. 3-2, and 3-3 specify the standard dimensions of the runway OFA. Extension of the OFA beyond the standard length to the maximum extent feasible is encouraged. See figure 2-3.
I assume that in 2004 pilots and passengers crossing on an active runway by foot or vehicle is not allowed. A new service road has been built that parallels the runway to the south of the runway. The hill to the south of the runway is very close to the runway at this point, preventing the needed object free area required by the FAA for a vehicle to pass along this south ridge. The problem hill is in the right portion of the below picture that was take prior to the addition of this new service road:
Close up from the west showing the topography prior to the addition of the utility road
It looks like this new utility road that parallels the runway, comes within 30 feet of the runway. This is well within this runway’s object free area.
Clearly the FAA and/or the California Division of Aeronautics need to be consulted regarding these access issues. The aviation setback for this new tie-down area from the runway centerline may also be an issue. Return to index
In 2003 the LA County legal council issued an opinion that the only currently valid permit issued for the Agua Dulce Airport is SP 1404. The beginning of the SP 1404 clearly verbally defines the boundaries of the Airport being permitted. These boundaries on the southern side of the runway conform to the plot map submitted with the SP 1404 application (exhibit A). This southern boundary is jagged as can be seen from this plot map:
Some of this new pavement on this south side of the runway extends beyond the boundaries of the 102.5 acres of land SP 1404 permits to be used as an airport. Extending this boundary is not a ministerial matter and will require public review. Return to index
Here the most recent topographic map of the Agua Dulce Airpark dated July 1, 1974:
Notice the path of the blue-line stream how it curves and its distance from the runway.
This is an aerial photograph covering the same area at the same resolution and was taken on June 1, 1994. Notice how the path of much of this blue-line stream has been straightened by moving the steam to the south. It is strongly suspected that this grading was accomplished without the benefit of a grading permit or any governmental or public review.
During the week of April 5, 2004 much of this area that once was a blue-line steam was paved over. This photograph was taken during that week. Notice how the natural course of the steam (top-right hand corner of this picture) suddenly jags to the right and then becomes a straight-line and very unnatural steam. Much of original course of this stream now lies underneath this newly paved area.
On April 20, 2004 John Murdock sent an email on these blue-line stream issues. His concerns on this are as follows:
Is this pavement in the floodway?
Is that under your jurisdiction? Is a
permit required in a floodway before someone paves over the natural
groundwater area?
Does it have an impact on the watershed?
Does your department
care if there is run-off from airplane fuels and other contaminants near a
blue-line stream?
Isn't an environmental assessment required before work of
this kind can be allowed in a floodway?
If a storm water drainage plan was
required to be submitted for review and approval when the airport was given
its permit in 1959, isn't an amendment necessary to approve any changes in the
site plan?
Don't we know a lot more about the importance of watershed
issues in 2004 than we knew in 1959?
Can anyone just go out and pave over the
natural ground and restrict infiltration of natural recharge in an
area like Agua Dulce that depends on well water and already has a water
supply problem?
Does not County Code section 15.40.030 prohibit restrictions and
obstructions in a floodway? Doesn't it say, "...nor shall any
material, either solid or liquid, be placed in said...floodway...that will
deteriorate the quality of water flowing or stored therein or that which is
stored within the water-bearing zones underground"?
Isn't it
necessary to make a determination of these issues before paving is done?
Since
that never happened, what is the proper response to the actions taken by the
airport?
Many residents are anxiously awaiting the county's
responses. Return to index
This greatly increases the covered storage capacity of the airport. These hangers provide about 30,000 square feet of covered storage and are large enough to accommodate private business jets. SP1404 specifically limits the Agua Dulce Airpark to propeller driven aircraft only. SP 1404 lists only small T hangers in the location these new hangers were built. Return to index
The State Aeronautics Act is very specific about requiring compliance with FAA FAR Part 77 rules. These rules deal with preventing objects that obstruct navigable airspace. They apply to both airport and off airport property. The California Aeronautics Act found these rules so important that they are specifically mentioned in section 21403:
"(c) The right of flight in aircraft includes the right of safe access to public airports, which includes the right of flight within the zone of approach of any public airport without restriction or hazard. The zone of approach of an airport shall conform to the specifications of Part 77 of the Federal Aviation Regulations of the Federal Aviation Administration, Department of Transportation."
This Act further goes on and states in section 21659:
"(a) No person shall construct or alter any structure or permit any natural growth to grow at a height which exceeds the obstruction standards set forth in the regulations of the Federal Aviation Administration relating to objects affecting navigable airspace contained in Title 14 of the Code of Federal Regulations, Part 77, Subpart C, unless a permit allowing the construction, alteration, or growth is issued by the department."
FAA FAR Part 77, Subpart C rules state that transitional airspace (which is to the sides of the runway and approach pattern) for visual utility runways, which is how the Agua Dulce Airpark is classified, should be protected as follows:
77.25: "(e) Transitional surface. These surfaces extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 7 to 1 from the sides of the primary surface and from the sides of the approach surfaces."
77.25 (c) defines the primary surface as being 250 feet wide for utility runways having only visual approaches and that it is centered on the runway centerline.
This means primary surface extends to 125 feet from the runway centerline. The plot plan approved Summer 2003 indicates that these new hangers are at most 250 feet from the runway centerline. They also indicate that the hangers are 17.5 feet tall maximum above ground. Using the above 7:1 ratio starting at 125 feet from the runway centerline, these hangers can at most be allowed to be just under 18 feet tall as measured from the elevation of the runway centerline.
Using these calculations it sounds like the new hangers are in compliance. The Agua Dulce Airpark is advertising these hangers as being able to accommodate aircraft with a 14 foot of clearance. The roof adds at least another 10 feet to clearance, plus any upslope of the terrain to the hangers needs to be added. This ground slopes slightly uphill naturally. Looking at the following picture, these hangers certainly are at least 25’ above the runway centerline. These hangers need to be inspected to assure FAA FAR Part 77 compliance. Compliance with transitional airspace rules is extremely important on the north side of the runway, since the topography (a ridge) violates the 7:1 rules on the south side of the runway (which is grand fathered due to the age of this airport). This results in an aircraft running into difficulty to turn north (towards the new hangers) rather than south (toward the high ridge). Return to index
The soccer fields are located in the runway protection zone (RPZ). The California Aviation Land Use Policy Handbook is very clear that this in not an area where groups of children should be playing. Only very low use and very short-term activity is ever permitted in this RPZ area. Opening up the swimming pool to public use poses aviation land use problems. The Agua Dulce Airpark’s pool is located 400 feet north of the runway. This is an area called the Sideline Zone (zone 5) by the California Aviation Land Use Policy Handbook. Specifically prohibited in this zone 5 are children’s schools, large day care centers, hospitals, nursing homes. This Handbook further goes on to state that occupancy should be restricted to 80-100 people per acre. A pool takes up less than an acre and can have an occupancy that easily exceeds that recommended density. Return to index
Where the picture is taken from:
Picture of public school children on an airport field trip playing between the runway and taxiway:
The asphalt area in the middle of the picture is the Agua Dulce Airport’s taxiway. Directly behind the photographer would be the runway. This grassy area that the children are playing on is within the boundaries of the runway’s object free area (which is 250 feet wide for this airport) and also encroaches on the taxiway’s object free area. People should not be standing in nor should children should not be playing in this area. The Agua Dulce Airport owner is so oblivious to this rule that he posted this photograph on his website www.aguadulceairpark.com under visitors. This photo was taken on May 6, 2004. The runway was open that day and a NOTAM was not issued that would temporarily have closed the runway.
On February 11, 2004 Barry Kirshner, the Agua Dulce Airpark’s owner and manager, appeared before the Agua Dulce Town Council. One of the services that he mentioned that he provides to the community is that he allows the local moms with children in baby strollers to get exercise by walking up and down the airport’s taxiway. Clearly this is an operational portion of the airport and clearly this should not be allowed to occur. Return to index