LB Must Protect Homeowners Near Airport

52-25-65-60. Why These Numbers Are Important to Long Beach.


52-25-65-60. Quick picks for the lotto? No. although what Long Beach does about these numbers may have a significant impact on the financial future of this City.

These figures are contained in the recently released City of Long Beach’s Airport Proposed Terminal Area Improvement Project Draft Environmental Impact Report -- a long description for what is foreseen as the environmental impacts of expanding the outdated terminal at the City’s airport and the certainty that daily flights will be increased from 41 to 52 commercial plus 25 commuter flights even if the facilities go unchanged.

65 and 60 refer to the “community noise equivalent levels” caused by existing aviation noise and the potential for increased daily flights. Both 60 and 65 are considered to be significant levels of noise – so much so that the report recommends sound insulation for homes within the 65 CNEL contour and for schools within the 60 CNEL contour.

The report indicates there are a handful of homes within the 65 CNEL near Clark Avenue and the 405 Freeway. There are two schools in the 60 CNEL – south of the airport: Minnie Gant School on East Britton Drive and the Special Education Building located at 5250 Los Coyotes Diagonal. There are also hundreds of homes within the 60 CNEL contour – for which the report does not propose the city provide sound proofing or insulation to reduce interior noise levels to a livable 45 CNEL.

While State environmental standards hold that residential uses are considered “compatible with a noise level of 65 decibels” the courts have ruled that a citizen's personal observations about the significance of noise impacts on their community constituted substantial evidence that the impact may be significant and should be assessed in an EIR even though the noise levels did not exceed the general standards of 65 CNEL. Homeowners in the 60 and 65 CNEL contours will tell you that the constant barrage of commercial, small, cargo and military flights constitute a significant impact on their lives.

Long Beach homeowners living in the 60 CNEL contour should take note that while the draft EIR report does not propose providing sound proofing and insulation for your homes, the developers of new homes and condos in the Douglas Park project clearly understand that the impact of this level of noise can lead to lawsuits against the city and the airport because of the damage noise does to the value of the home, not to mention the health of its occupants.

Check out the Douglas Park Project website and you can read the statement for yourself: “Residents and businesses will be required to acknowledge their proximity to the airport. Property owners will sign an aviation easement that relinquishes the right to bring a cause of action against the city for airport noise.”

We know that Long Beach is struggling to build an economy that will decrease the staggering amount of poverty that exists in several areas of the city. Long Beach needs tourism, travel and trade. It is clear that each of these industries impact in both positive and negative ways. But the City Council should be very mindful not to sacrifice the quality of the neighborhoods and the lives of those who live nearest the airport. These are the very neighborhoods and residents that provide a solid property tax base upon which the city depends. Destroy these neighborhoods and you destroy the future of Long Beach.

It is well established in property law that when the government interferes with the rights of property owners to use and to enjoy their property, it is a “taking” for which the government must compensate the owner. Providing sound proofing and insulation for all Long Beach homes significantly impacted by the noise of the airport should be the minimal assistance Long Beach should give to these homeowners – but apparently is not even on the radar of the City Council.

Residents have until December 22, 2005 to respond to the draft EIR. Please join me in calling upon the City Council to implement a sound proofing and insulation noise mitigation program to help the homeowners of Long Beach who are impacted or will be impacted by the Long Beach Airport.
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Gerrie Schipske is a Registered Nurse Practitioner and an attorney representing the Teachers Association of Long Beach (TALB). She is a candidate for the 5th Council District.