Frequently Asked Questions
Real Estate Development
Q: Will the closure of SMO result in real estate development on the land?
A: No. The City and Residents wisely voted and passed Charter Amendment LC in 2014 which prohibits any kind of development EXCEPT for public park and open spaces or maintenance of existing cultural, arts, and education uses. Any other development would require a public election and voter approval. See – www.bit.ly/LC-Charter
Q: Does the 1948 Instrument of Transfer obligate the City to operate SMO as an airport forever?
A: No. This matter is now being litigated in Federal Court. There are 4 reasons to believe the City can close SMO:
(1) 1984 Agreement. This settlement agreement obligated the City to operate SMO UNTIL July 1, 2015. See -- www.bit.ly/1984_Agreement
(2) FAA Part 16 Docket 16-99-21. This FAA administrative proceeding concluded that the closure of SMO after July 1, 2015 is a "local land use matter". This finding was also later affirmed on appeal. See -- www.bit.ly/FAA-P169921a
(3) 1948 Transfer and Surrender Agreement. This agreement only affects 168 acres of the 226 acre airport land. So, 58 acres or 25% of the airport land is not even covered by the 1948 agreement. Furthermore in May 2016 the 9th Circuit Court of Appeals found that the restrictions for airport use applied to the land, buildings, structures, improvements, and equipment in which the instrument transferred an interest. There was no transfer of title for the land leased that was surrendered by the Federal Government. See -- www.bit.ly/AppealsCourt
(4) CFR Part 155 and Industrial Uses. The airport can be used of industrial or light industrial purposes. Restrictions against using structures for industrial purposes in any instrument of disposal issued under section 13(g)(2)(A) of the Surplus Property Act of 1944, as amended (61 Stat. 678) are considered to be extinguished. See – www.bit.ly/CFR155
Q: Does the 1994 Federal Grant obligate the City to operate SMO as an airport until 2023?
A: No. This matter is now being litigated in Federal Court. Federal grants obligations cannot exceed 20 years from the date of acceptance of a grant offer for federal funds. A grant offer and acceptance for $1,607,700 happened on June 27, 1994. Payments were received by the City in multiple phases over time to match the project schedule. In 2003, an additional final amount of $240,600 (=14.965% of $1,607,700) was received from the FAA to “reflect increased costs and changed conditions which occurred during construction.” This final settlement amount is an expected adjustment at the end of a project to reflect ACTUAL COSTS as opposed to ESTIMATED COSTS. The final adjustment must be within +/-15% of the original engineering estimate of costs for the project. See – www.bit.ly/SMOgrant
Q: Will the closure of SMO result in the loss of 1500 jobs and $270 million in economic impact?
A: No. Aviation lobbyists continue to cite these numbers from the City’s SMO economic study when referring to the economic impact of SMO airport. However, these Aviation lobbyists are deceptively combining both AVIATION and NON-AVIATION economic activity. For example, the study clearly stated that only 178 jobs were aviation-related out of a total of 1,487 jobs, yet the Aviation lobbyists cite the 1,487 jobs number. The City clarified that the economic impact of AVIATION on the land is minimal and similar to a “medium-sized strip mall.” See – www.bit.ly/SMO-Economics
Q: Aren’t SMO’s negative impacts limited to the few neighbors who live around the airport?
A: No. The noise, pollution, and dangers impact over 130,000 residents within a 2-3 mile radius of the Santa Monica Airport. 1,800 personally documented complaints by residents were presented to the FAA by Congressional Representatives in July 2015. A partial sample of the residents’ geographic locations have been shown on a map. See – www.bit.ly/SMO-Geospatial
Q: Will the closure of SMO result in LAX air traffic skimming low over Santa Monica and the Westside of Los Angeles?
A: No. Commercial aircraft flying to LAX from the north pass over Santa Monica at about 7,000 feet on their landing approach. The reason for this high altitude is NOT to avoid SMO airspace, which is classified as Class D and has a top elevation of only 2,500 feet. The reason is because of: (1) the aircraft’s Continuous Descent Approach (CDA) and (2) its landing path which is driven by the east-west orientation of the LAX runways. This can be watched live on LAX WebTrack. See – www.bit.ly/LAX-Descent
Local Building Heights
Q: Will the closure of SMO result in high-rise building development in Santa Monica and the Westside of Los Angeles?
A: No. Maximum building heights are set by local city zoning and building codes. The authority to regulate building heights is 100% local and 0% federal. The purpose of FAA standards are only to identify potential airspace obstructions, not to approve or reject building projects. The FAA standards are high in altitude. If FAA standards were used to set maximum building heights, there would be high-rise buildings all over Santa Monica and the Westside of Los Angeles today. See – www.bit.ly/SMO-BuildingHeights