The area shaded orange that stretches from Freedom Boulevard to near Highway 1 is where the city wants to add 2,250 homes and retail space.

The city’s ambitious plan to add 2,250 homes and retail space on 465 acres near the airport has been stalled by a judge who said Thursday that the plan violated state aviation and environmental laws.

Opponents of the plan applauded what they called a major setback for the expansion outlined in the city’s general plan, a blueprint for growth over 25 years that was approved last year by the City Council.

“We’ve stated all along that the plan was flawed and didn’t make sense,” said Bill Harkin an attorney who represents the Watsonville Pilots Association, one of the plaintiffs.

Superior Court Judge Paul Burdick tentatively ruled that an environmental study done by the city failed to fully address the impact that the new homes would have on highway traffic, among other issues.

Burdick’s ruling was in response to a lawsuit filed against the city by the pilots association, Sierra Club and Friends of Buena Vista, a neighborhood group.

Burdick also said the city took illegal shortcuts by failing to follow safety and housing density criteria set by the state Division of Aeronautics. If it wants to build near the airport, the city will need to produce a study, known as an “Airport Land Use Compatibility Plan,” which assesses risks to people and property.

The state-mandated reports are also meant to protect airports from encroaching development. Conflicts between new neighbors and old airports in other parts of the state have led to added restrictions or calls for closure.

Citing the “domino theory,” pilot Sam Bishop said the lawsuit was needed to protect the airport’s future.

“Declaring a region off the end of a runway to be low usage — and therefore a safety zone is not needed — is not safe,” he said. “Next thing (after homes are built) will be to acknowledge it is not safe, then close the whole runway. Next after that is to close the airport.”

It remains unclear if the plan would have to be scaled back.

Burdick said the City Council exceeded its authority last year when it redesignated a smaller runway to “low use.” The controversial move eliminated several safety zones, thus clearing the way for new development in the area.

Burdick indicated he was OK with the city on its assessment of added water demands. Residential neighborhoods use less water than agriculture, he said.

But he remains “on the fence” about the assessment of how much agriculture land would be lost.

“(The city’s report) fails to identify what land will be preserved and what mechanisms will maintain that preservation,” Burdick said.

The city, said Burdick, also should have considered alternative plans, such as building fewer homes in the area off Buena Vista Road or concentrating more construction within the current city boundaries.

City attorney Alan Smith said most of the problems with the report would be “easy to fix” and that the city remains committed to seeing through the general plan. The city could choose to re-do the necessary parts and will review or appeal Burdick’s order that the Division of Aeronautics must approve the airport land-use plan.

Both sides will have a chance to change Burdick’s mind in the next 45 days in written arguments. The groups will reconvene for a final judgment on Feb. 29.

The battle over the general plan has become an expensive one, and both sides admit it could drag on for years.

The city has already spent $116,000 in attorney fees, said Smith. Friends of Buena Vista has spent more than $50,000 and members say they are committed to challenging a revised plan when the city tries to annex the land. After that, opponents can call for a public vote by Buena Vista area residents, who could approve or reject the plan by a majority vote.

“This has been going on for five years and it will probably go on another five,” said Joe Pendry, a Buena Vista Road resident.

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*Graphic courtesy of the city of Watsonville; photo by Tarmo Hannula*

(Published in 12/7/07 edition)

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