Judge Suggests Rezoning of Airport Neighborhood

An administrative law judge has recommended that the state require the city of Los Angeles to rezone a residential neighborhood south of Van Nuys Airport as a condition for allowing the airport to remain open.

The city attorney’s office, saying such an order would require the city to convert the land to industrial or commercial use, said it would oppose the proposal. The affected area--bounded by Vanowen Street, Woodley Avenue, Victory Boulevard and Havenhurst Avenue--contains 26 homes and 151 apartments.

The recommendation to the head of the state Department of Transportation--who could modify or reject it--was included in the judge’s report on a hearing on the airport’s noise permit.

The proposal would help bring the airport into compliance with state regulations limiting aircraft noise in residential neighborhoods by converting the area into a business zone, which under the law would be exempt from the standards.

Enactment of such a change in zoning would allow property owners or purchasers to erect manufacturing plants or commercial facilities, changing the character of the neighborhood so that residents probably would sell to commercial developers and move.

Administrative Law Judge Richard Lopez’s recommendation was the latest development in the long dispute over the renewal of Van Nuys Airport’s variance, a Caltrans permit which allows the facility to continue operating without meeting state noise control standards.

Noise Protesters

In February, 1987, at the request of anti-noise activists from homeowner groups, Lopez conducted a hearing on the airport’s application to renew the variance. Homeowners in Van Nuys, Reseda and Encino pushed for restrictions on airport operations in return for the renewal.

Many urban airports in the state--including Los Angeles International, Burbank and Ontario--operate under variances because airport officials say they cannot meet the noise limits. The Van Nuys Airport permit expired last year, but the facility has been allowed to operate during the renewal process.

Caltrans officials say that variances are only granted if airport authorities can show they are making efforts to lessen noise problems.

If the renewal is denied, the airport would have to close. However, in 25 variance trials since 1975, the permit was granted in all cases, although sometimes with conditions.

Lopez submitted his recommendations to Caltrans Director Robert K. Best on July 29, stating that the variance should be renewed only if Van Nuys Airport abides by 10 state-mandated conditions, including the zone change.

The city attorney’s office, representing the city Department of Airports, said it will fight the recommendation, arguing that the state does not have the power to mandate zoning changes.

A private meeting of city, state and homeowner representatives is scheduled next Tuesday to discuss compromise proposals.

“We are asking for reconsideration of the conditions,” Senior Assistant City Atty. Gary R. Netzer said. “If they don’t modify them, we will take whatever avenues are available and that probably means litigation.”

The city maintains that the zoning requirement is irrelevant because the Department of Airports is a “separate entity that has nothing to do with zoning and planning,” Netzer said. “It is a condition that the state has no authority to impose on us.”

Zoning Investigation

As a compromise, the city Department of Airports will offer to “use our best efforts to convince” the Planning Commission that “it might be a good idea” to investigate the zoning change, Netzer said.

Another condition suggested by Lopez was that the city complete a noise study sponsored by the Federal Aviation Administration “in good faith.” If the city does not complete the study, the airport should not be allowed to increase operations beyond the current level, Lopez advised.

The city also opposes that recommendation, Netzer said. “We have every intention of completing the study. That is not the point,” he said, again arguing that the state does not have the authority to dictate development or operational controls at the airport.

The city will offer to apply for a new variance if the study is not completed, he said.

Larry Thelen, an attorney for Caltrans’ Division of Aeronautics, said that the state will give the Los Angeles compromise proposals “serious consideration” in an effort to avoid fighting a lengthly and costly lawsuit.

“Our goal is not to litigate, but to make steady progress toward compatible land-use,” Thelen said.

Homeowners representatives, meanwhile, vowed to oppose zoning changes and will continue to press for night curfews and restrictions on jet operations.

“Homeowners are not going to sit still and end up living next door to a manufacturing zone,” said Gerald Silver, president of Homeowners of Encino and a leader in the anti-noise effort. “We will put so much pressure on the Planning Commission that they won’t allow it to be rezoned.”

That will force the airport to offer other compromises to hold onto its variance, he predicted, which the homeowners hope will include limits on operations.