The Sunset Sky Ranch Pilots Association (Airport) received a conditional use permit (CUP) in 1971 to operate a private airport in Sacramento County. The CUP expired in 1973, at which point the airport did not renew the CUP but continued to operate the airport. In 1989 the airport lost its license because it was not in compliance with the zoning code. In 1999 the airport applied for 10-year CUP to operate, however the County only granted the CUP for 5 years. In 2004 when the CUP was about to expire, the Airport again reapplied. The county approved the renewal for an additional two years, but after that stipulated that there would be no further extensions. The airport appealed arguing that before the County denied the renewal they were required under the California Environmental Quality Act (CEQA) to do an environmental analysis of the impact of closing the airport. The Board of Supervisors denied the appeal stating that the airport did not constitute a project under the purposes of CEQA. The airport appealed.
The CEQA applies only to activities that meet the definition of a “project” under the statute and its implementing administrative regulations. Generally the CEQA applies to activities that a public agency undertakes, funds or approves. The airport claims that when the County refused to issue another CUP the projects falls into the category of projects which a public agency rejects or disapproves. The Court of Appeals recognized that the airport in question is distinct from other cases because it is privately owned and operated. The CEQA guidelines state that “private action is not subject to CEQA regulation unless the action involves governmental participation, financing or approval.” The County argues that it was the airport that sought approval for its operations and therefore the county’s denial is exempt under CEQA. The court agreed with the county and found that to require a CEQA review in situations such as these would result in a backlog of cases and would be burdensome for applicants applying for a CUP. If an environmental review were required every time there was a denial of CUP, unsuccessful applicants would not only have to cease operations but also pay for environmental review of that undesired outcome.
Sunset Sky Ranch Pilots Association v County of Sacramento 2009 WL 5064455 (CA 12/28/09)
the opinion can be accessed at: www.courtinfo.ca.gov/opinions/documents/S165861.DOC
