|
ARMBRUSTER
& GOLDSMITH LLP |
|
|
|
|
LAND
USE ENTITLEMENTS l
MUNICIPAL ADVOCACY |
|
|
|
|
|
|
Aaron Clark, MA Land Use/Government Specialist |
LOS
|
Tel:
(310) 209-8800 Fax:
(310) 209-8801 |
|
|
|
Email:
Aaron@AG-landuse.com |
STREAMLINED VERSION OF
PROPOSED CORRECTIVE CONDITIONS RELATED TO MODIFICATION OF SPECIAL PERMIT No.
1404-(5) FOR THE
1. This grant
authorizes the use of the subject property for a private commercial airport
with appurtenant uses and buildings as depicted on the approved Revised Exhibit
“A” subject to all of the following conditions of approval.
2. Unless
otherwise apparent from the context, the term "permittee" shall
include the applicant and any other person, corporation, or other entity making
use of this grant.
3. This grant shall not be effective for any purpose until the permittee, and the owner of the subject property if other than the permittee, have filed at the office of the Department of Regional Planning their affidavit stating that they are aware of, and agree to accept, all of the conditions of this grant and that the conditions of the grant have been recorded as required by Condition No. 8, and until all required monies have been paid pursuant to Condition No. 10.
4. The
permittee shall defend, indemnify and hold harmless the County, its agents,
officers, and employees from any claim, action, or proceeding against the
County or its agents, officers, or employees to attack, set aside, void or
annul this permit approval, which action is brought within the applicable time
period of Government Code Section 65009 or any other applicable limitation
period. The County shall notify the permittee of any claim, action, or
proceeding and the County shall reasonably cooperate in the defense.
5. In the event
that any claim, action, or proceeding as described above is filed against the
County, the permittee shall within ten days of the filing pay the Department of
Regional Planning an initial deposit of $5,000, from which actual costs shall
be billed and deducted for the purpose of defraying the expenses involved in
the department's cooperation in the defense, including but not limited to,
depositions, testimony, and other assistance to permittee or permittee's
counsel. The permittee shall also pay
the following supplemental deposits, from which actual costs shall be billed
and deducted:
a. If during
the litigation process, actual costs incurred reach 80 percent of the amount on
deposit, the permittee shall deposit additional funds sufficient to bring the
balance up to the amount of the initial deposit. There is no limit to the number of
supplemental deposits that may be required prior to completion of the
litigation.
b. At the sole
discretion of the permittee, the amount of an initial or supplemental deposit
may exceed the minimum amounts defined herein.
The
cost for collection and duplication of records and other related documents will
be paid by the permittee in accordance with Section 2.170.010 of the
6. This grant
shall expire unless used within 3 months from the date of approval.
7. If any
provision of this grant is held or declared to be invalid, the permit shall be
void and the privileges granted hereunder shall lapse.
8.
The subject
property shall be maintained and operated in full compliance with the
conditions of this grant and any law, statute, ordinance, or other regulation
applicable to any development or activity on the subject property. Failure of the permittee to cease any development
or activity not in full compliance shall be a violation of these
conditions. Prior to the use of this
grant, the permittee shall deposit with the
If additional inspections are required to ensure compliance
with the conditions of this grant, or if any inspection discloses that the
subject property is being used in violation of any condition of this grant, the
permittee shall be financially responsible for and shall reimburse the
Department of Regional Planning for all additional inspections and for any
enforcement efforts necessary to bring the subject property into compliance.
The amount charged for additional inspections shall be the amount equal to the
recovery cost at the time of payment (currently $150.00 per inspection).
9.
Notice is
hereby given that any person violating a provision of this grant is guilty of
a misdemeanor. Notice is further given
that the Regional Planning Commission or a hearing officer may, after
conducting a public hearing, revoke or modify this grant, if the Commission or
hearing officer finds that these conditions have been violated or that this
grant has been exercised so as to be detrimental to the public’s health or
safety or so as to be a nuisance.
10.
Upon approval
of this grant, the permittee shall contact the Fire Prevention Bureau of the
11.
All
requirements of the Zoning Ordinance and of the specific zoning of the subject
property must be complied with unless specifically modified by this grant, as
set forth in these conditions or shown on the approved plans.
12.
The subject
property shall be developed and maintained in compliance with the requirements
of the Los Angeles County Department of Health Services. Adequate water and sewage facilities shall be
provided to the satisfaction of said department.
13.
All structures
shall comply with the requirements of the Divisions of Aviation and Building
and Safety of the Department of Public Works and the Division of Aeronautics of
the California Department of Transportation.
14.
All
structures, walls, and fences open to public view shall remain free of
extraneous markings, drawings, or signage.
These shall include any of the above that do not provide pertinent
information about said premises. The
only exceptions shall be seasonal decorations or signage provided under the
auspices of a civic or non-profit organization.
In the event such extraneous marking occur, the permittee shall remove
or cover said markings, drawings, or signage within 24 hours of such
occurrence, weather permitting. Paint
utilized in covering such marking shall be of a color that matched, as closely
as possible, the color of the adjacent surfaces.
15.
Within thirty
(30) days of the approval date adherence to development in accordance with the
site plan on file of this grant, the permittee shall submit to the Director for
review and approval three copies of a landscape plan, which may be incorporated
into the Revised Exhibit “A” described above. The landscape plan shall show the
size, type, and location of all plants, trees, and watering facilities. The
permittee shall maintain all landscaping in a neat, clean and healthy
condition, including proper pruning, weeding, litter removal, fertilizing and
replacement of plants when necessary.
Watering facilities shall consist of a permanent water-efficient
irrigation system, such as “bubblers” or drip irrigation, for irrigation of all
landscaped areas except where there is turf or other ground cover.
16.
Within thirty
(30) days of the approval date of this grant, the permittee shall submit to the
Director for review and approval three (3) copies of sign plans depicting all existing
and proposed signs on the subject property.
17.
All material
graded shall be sufficiently watered to prevent excessive amounts of dust
during the construction phase. Watering shall occur at least twice daily with
complete coverage, preferably in the late morning and after work is done for
the day. All clearing, grading, earth moving or excavation activities shall
cease during periods of high winds (i.e. greater than 20 mph averaged over one
hour) to prevent excessive amounts of dust. Any materials transported off‑site
shall be either sufficiently watered or securely covered to prevent excessive
amounts of dust.
18.
Project
construction activity, including engine warm-up, shall be limited to those
hours between
19. The
permittee shall submit a drainage concept or plan to be reviewed and approved
by the Department of Public Works for the issuance a grading permits for the
graded area located at the west end of the runway and adjacent to the southerly
property boundary. The permittee shall remove the paving over said area if the
Department of Public Works determines such corrective measure is necessary to
restore the drainage course.
20. Immediately
upon this action becoming effective, the permittee shall, with the utmost
diligence,
initiate with applicable Federal, State and/or local agencies a change in
the subject airport’s classification to a “Special-Use” airport, as defined in California Code of Regulations, Title 21
(“Airports and Heliports”), Section 3527. Once the subject airport’s classification is
changed by the permittee to a Special-Use, the airport shall remain in said
classification.
Except as otherwise
provided herein, Once once the
subject airpark’s change in classification to a Special-Use airport is
effective, only the permittee, permittee’s guests, only
the permittee and personal aircraft
storage hangar lessees,
their guests, and community hangar lessees shall be allowed to fly into
and out of the airport. and current and future
lessees of airport hangars
Notwithstanding any other provision of this grant to the contrary, in limited circumstances, the permittee or personal aircraft storage hangar lessees may hire a personal pilot to pilot them to or from the airport in their personal aircraft based at the airport. In such cases, prior to any flight operations by a personal pilot at the airport, permittee or personal aircraft storage hangar lessee shall register the name of his/her personal pilot with the airport manager.
Notwithstanding any other provision of this grant to the contrary, immediate family members of personal aircraft storage hangar pad lessees who are also licensed pilots shall be authorized to pilot a “family” plane stored by such personal aircraft storage hangar lessee at the airport; however, in such cases, prior to any flight operations by such immediate family member pilot at the airport, lessee shall register the name of the qualifying immediate family member with the airport manager. (For purposes of this condition, “immediate family member” means a father, mother, son or daughter of the same household and does not include, for example, cousins, brother-in-laws, uncles, aunts, or other extended family members.)
Personal
pilots and immediate family member pilots, as provided above, shall, prior to
conducting any flight operations at the airport, undergo ground instruction by
the airport management regarding the airport’s designated approach and takeoff
patterns. Upon completion of said
instruction, said personal pilots and/or immediate family member pilots shall
sign an affidavit attesting that he/she understands and acknowledges the
designated flight patterns into and out of the airport and sanctions/penalties
for pilot non-compliance with the Airport Operations and Safety Regulations.
Emergency landings and
use by any governmental or quasi-governmental agency of the
airport may be permitted by the permittee. For purposes of
this grant, “emergency landings” includes use of the airport by the general
aviation pilot community due to inclement weather (e.g., low clouds, rain, fog
or windy conditions) at other airports in the regional vicinity, such as
Upon conversion of airport classification,
the permittee shall comply with all applicable County, State and Federal
requirements for operating a Special-Use airport. The permittee may delay or restrict any flight
or other aircraft operation at the airport and may refuse takeoff or landing
clearance to any aircraft for any reason the permittee believes justifiable,
except in an emergency.
The number of persons
authorized to base (or store within a hangar) an aircraft at the airport shall
at no time exceed seventy-nine (79) persons, as follows: 1 permittee + 55
“personal aircraft storage hangar lessees” + 23 “community storage hangar
lessees.”
The permittee and each of the
fifty-five (55) personal
aircraft storage hangar pads authorized pursuant to this grant shall
be allotted a maximum of twenty-four (24) “guest pilot flight
operations" per year (i.e., 1 permittee + 55
storage hangar pads x 24 guest pilot
flight operations per year = a permitted total of 1,344
guest pilot flight operations per year).
(For purposes of this condition, one (1) guest pilot flight operation
means one takeoff or one landing at the
airport by one (1) individual pilot who pilots a fixed-wing aircraft into the
airport which is not based at the airport and who is a guest of the permittee
or a personal aircraft storage hangar
lessee). The twenty-three
(23) community storage hangar lessees authorized pursuant to this grant shall
not be eligible for guest pilot operations, but shall be allowed to utilize the
public-serving flight operations provided in this grant.
Guest pilots of the permittee or personal
aircraft storage hangar lessees shall at all times be prohibited
from piloting helicopters into the airport. All guest pilots shall obtain the permission
of the permittee, or his/her qualified
designee, prior to making any landing or takeoff from the
airport. At the time of registration,
each guest pilot shall verify to the permittee that he/she is familiar with the
designated aircraft landing and takeoff
flight patterns identified in the Airport Operation and
Safety Regulations and other applicable requirements for landing and takeoff at
the airport. There
shall be no more than six (6) guest pilots at the airport at any one time, and
guest pilot reservations and parking shall be on a first-call,
first-served basis. The yearly allotment of 24 guest pilot flight operations for the permittee
and each personal aircraft storage hangar
pad shall not be permitted to be transferred between or otherwise shared or
pooled by the permittee and personal aircraft
storage hangar lessees.
Permittee shall maintain a detailed log of all flight
operations conducted at the airport, noting the arrival and departure times and
dates and aircraft identification number for each flight operation conducted at
the airport. For all log entries related
to a guest pilot flight operation, the name of the lessee or permittee
authorizing said guest pilot flight operation shall be noted.
The permittee shall, on a monthly
basis for the first year after the effective date of this grant and,
thereafter, on a quarterly basis, transmit a copy of the airport
flight operations log to the Department and the
Airport Steering Committee, and shall present said log to Departmental Zoning
Enforcement staff or the Airport Steering Committee for
inspection, upon request.
21. AOAA The
permittee shall be authorized to allocate up to 416
flight operations (for the purposes of this condition, one “public-serving
flight operation” means one landing or
one takeoff by one aircraft at the airport) in any given calendar year to
pilots from the general aviation public, to be apportioned throughout the year
by the permittee according to demand. Such 416
annual public-serving flight operations at the airport shall be in addition to
and shall not be considered guest pilot flight operations as provided for in
this grant. Emergency
landings at the airport by the general aviation pilot community, as specified
herein, shall not count against the annual public-serving flight operations
allotment.
Prior to any public-serving flight operation occurring at
the airport, the airport management shall brief all such pilots regarding the
designated airport approach and takeoff patterns. There shall be no more
than six (6) such pilots at the airport at any one time, and public-serving pilot
reservations and parking shall be on a first-call, first-served basis. The yearly allotment of 416 public-serving flight operations shall not be
permitted to be banked or rolled-over to the next calendar year if any such
public-serving flight operations go unused.
The permittee shall keep a detailed log of all such
public-serving flight operations, including the visiting pilot’s name and
aircraft identification number. The permittee shall, on
a quarterly
basis, transmit a copy of said public-serving
flight operations log to the Department and the
Airport Steering Committee, and shall present said log to Departmental
Zoning Enforcement staff or the Airport Steering Committee for
inspection, upon request.
L.22. The
permittee shall immediately prepare “Airpark Operation and Safety Regulations”
outlining acceptable flight operations and safety procedures/measures for the
airpark. Said Regulations shall contain
a section outlining Disciplinary Procedures/Sanctions to be taken by permittee
against any lessee or guest pilot who violates said Regulations. Prior to implementation of said Regulations,
the permittee shall provide a copy of said Regulations to the management of the
State of California Division of Aeronautics,
the Aviation Division of the County Department of Public Works, the Department
of Regional Planning, the 5th Supervisorial District office and,
the Agua Dulce Town Council, the Agua Dulce Civic Association and the Concerned Citizens of Agua Dulce (“CCAD”) and ,
the Agua Dulce Town Council, the Agua Dulce Civic Association and CCAD and the Airport Steering
Committee. The permittee shall update
such Regulations as necessary, and shall distribute all such updated
Regulations to the parties identified for distribution in this condition. The
permittee shall notify the Department in writing of any reported violations of
said Regulations with a detailed narrative explanation of such alleged
violations and all relevant investigative actions taken. Permittee shall be obligated to take all
commercially reasonable steps to enforce the conditions of this grant and the
Airport Operations and Safety Regulations against any applicable
non-complying/violating party, including, but not limited to, any legal
enforcement action to obtain compliance with this grant or the Airport
Operations and Safety Regulations.
23. For
all aircraft landings and departures takeoffs at
the airport, reasonable and safe attempts shall be made to minimize
low-altitude flights over any neighboring or nearby residential
properties. Theis “Airpark
Operation and Safety Regulations” required pursuant to this grant provision
shall be included in the a “Traffic
Patterns and Noise Abatement Procedures” section
clearly identifying flight
pattern procedures that minimize noise disturbance, to
the extent feasible while maintaining utmost flight safety, to residences
within the airport’s landing and takeoff patterns. Except as may be necessitated
during a bona fide emergency, pilots taking-off and landing at the subject
airport shall not fly over the
Every lessee shall, within one (1) month of entering into
any hangar lease with the airport, have ground instruction by the airport
management regarding the airport’s designated approach and takeoff
patterns. Upon completion of said instruction,
lessee shall sign an affidavit attesting that he/she understands and
acknowledges the designated flight patterns into and out of the airport and
sanctions/penalties for pilot non-compliance with the Airport Operations and
Safety Regulations.
24. The
permittee shall maintain a telephone service for the purpose of receiving
complaints from persons in the Agua Dulce area with respect to the operation of
the airport and to flight operations to or from the airport. The permittee, or
his/her qualified designee, shall be on-duty at the airport to answer the
telephone and receive such complaints between the hours of
25. Formation flying
shall be prohibited within the boundaries of
the Agua Dulce Community Standards District for aircraft landing at or taking off from
the airport. This condition shall be incorporated into the
Airport Operations and Safety Regulations required pursuant to this grant.
26. The permittee
shall be authorized to conduct “ground” flight school classes at the airport
but shall be prohibited from conducting any student training flights at the
airport.
Each
Member shall provide the Airport Manager a copy of a current certificate of
insurance for each aircraft
owned and/or operated by such Member at the airport
with liability coverage of not less than $1,000,000 combined single limit and
passenger liability of at least $100,000 naming the permittee and its
respective officers, directors and employees as additional insureds. The
Airport Manager shall deny
Flight
Privileges to any person who fails to comly with these requirements.
27. No
aircraft may land or takeoff at the airport unless it is equipped with
functioning brakes and a working radio capable of
direct two-way communications
with the UNICOM control operator, except in the case of an emergency. All aircraft
shall communicate on the UNICOM frequency prior to departure and announce their
intentions and position in the pattern prior to landing.
28. No
aircraft shall be operated in the runway, taxiways
or aircraft
parking and storage areas
in a careless or negligent manner or in any respect in disregard of the right
and safety of others, or without due caution and circumspection, or
at a speed or in a manner which endangers unreasonably, or is likely to
endanger persons or property.
J.29. “Touch-and-go” and “stop-and- go” maneuvers by airplanes shall be
prohibited at the airport. “Pattern
work” shall
also be prohibited within the boundaries of the Agua Dulce Community
Standards District for any aircraft landing at or taking
off from the airport. The forgoing restrictions shall be incorporated
into the Airpark Operations and Safety
Regulations required pursuant to this grant.
or landing
atarkort
K.30. Takeoffs and landings at the airport shall
not occur before morning civil twilight and shall cease each day by the end of
evening civil twilight. The permittee
shall be prohibited from installing any lighting facilities on the subject
property that could enable nighttime flight operations at the airport.
31. Each lessee
shall provide permittee a copy of the current certificate of insurance for each
aircraft owned and/or operated by such lessee at the airport with liability
coverage of not less than $1,000,000.00 combined single limit and passenger
liability of at least $100,000.00 naming the permittee and its respective
officers, directors and employees as additional insureds. Permittee shall deny flight privileges to any
person who fails to comply with these insurance requirements.
M.32. The permittee is
prohibited from renting any exterior aircraft “tie-down” spaces to pilots for
outdoor storage of aircraft at the subject property. However, the permittee shall be authorized to
maintain twelve (12) exterior aircraft parking spaces for pilots’ free short-term
use (inclusive of six (6) “guest pilot” and six (6) “public-serving pilot” aircraft parking spaces).
33. No person
shall store or stock
materials or equipment in any storage hangar
sited on the property in
such a manner as to be unsightly or to constitute a hazard.
34. That the
airport be limited to propeller-driven aircraft and a maximum of three (3)
based rotary driven aircraft (i.e., helicopters). Said three (3)
helicopters shall be permitted to be based at the subject airport for a period
not to exceed fifteen (15) years from the effective date of this grant, at
which time only one (1) helicopter shall thereafter be permitted to be based at
the airport, and then only if such helicopter is owned by the airport owner.
The permittee shall designate and maintain at
the airport a landing and takeoff zone to be
utilized solely by helicopters, and owners
of helicopters based at the airport shall
be restricted to either landing and taking off their based
helicopters in said zone, or from the paved areas
located directly in front of their respective personal aircraft storage hangars. The permittee
shall construct a helipad at said helicopter landing/takeoff zone. The permittee shall incorporate into
the “Airpark Operation and Safety Procedures” a section addressing
takeoff and landing pattern regulations and safety procedures for
helicopters, and shall consult with a reputable
helicopter flight operations consulting
firm in preparing such regulations and procedures pertaining
to helicopter flight operations at the airport.
Guest pilots of the permittee or
lessees shall be prohibited from piloting helicopters into the airport.
No jet aircraft of any kind shall be permitted to land or
takeoff at the airport (except as may be reasonably required during an
emergency). No commercial aircraft
charters are permitted to be based at/operated out of the airport.
Eighty percent (80%) of the airport’s fixed-wing based
aircraft fleet shall have a certified takeoff weight of less than 7,000
lbs. No fixed-wing aircraft based at the
airport shall have a certified takeoff weight in excess of 12,500 lbs. Unless in the case of a bona fide emergency,
no flight operations shall be permitted at the airport by fixed-wing aircraft
with a certified takeoff weight in excess of 12,500 lbs.
A maximum of 500 flight
operations per year at the airport shall be permitted by piston-driven or
turbine-driven propeller aircraft that have a wingspan between 49 and 55 feet
or an approach speed greater than 91 knots (for purposes of this condition, a Unless in the case
of a bona fide emergency, fixed-wing aircraft having a wingspan in excess of 55
feet or a certified takeoff weight in excess of 12,500 lbs shall at all times
be prohibited from conducting flight operations at the airport; provided, however, that fixed-wing aircraft based at the
airport which have a certified takeoff weight of less than 2,000 lbs and a
wingspan in excess of 55 feet (i.e., motorized glider aircraft) may conduct
flight operations at the airport, consistent with other applicable conditions
of this grant.“flight
operation” means either
one takeoff or one landing at the airport).
Notwithstanding any other provision of this grant to the
contrary, intermittent use of the airport by aircraft associated with filming
operations shall be permitted, subject to the film production company’s prior
obtainment of a valid Film Permit from the EIDC and conformance with all other
applicable provisions of this grant.
Such filming-related flight operations at the airport shall not be
considered guest pilot flight operations as provided for in this grant. Prior to any use of the airport by
filming-related aircraft, airport management shall brief the aviation filming
coordinator of the production company regarding the flight-related
conditions/restrictions and non-compliance penalties of this grant (i.e.,
appropriate flight patterns and departure and approach routes, etc.).
35. This
permit only provides for the maintenance of flyable, certified, operational
aircraft and does not allow the wrecking or outside storage of wrecked
aircraft. Major repairs of aircraft
located on the subject property are only authorized to occur within hangar
structures; such major repair
does not include heavy engine overhaul or the testing of engines removed from
aircraft, which shall be expressly prohibited at the airparkairport. Aircrafts under repair or aircraft parts
being utilized for the repair of an aircraft shall be stored within an enclosed
hangar structure. The permittee
and all lessees shall be permitted to conduct aircraft “hobbyist”
activities, including the washing, repair, and
performance of routine maintenance and
to otherwise take care of his/her own aircraft
on the airport
property, provided there is no attempt to perform such services for others for
profit, and further provided that such right is conditioned upon compliance
with applicable law. At no time shall any lessee hangar be
utilized for any commercial, industrial, manufacturing, residential or other
use not typically associated with the maintenance and use of a hangar for
personal aircraft storage, whether for-profit or not. Notwithstanding the
above provision, permittee shall be authorized to utilize the one (1)
multi-purpose hangar authorized under this grant for commercial filming,
aviation ground school and community meeting/special event purposes.
The permittee and each lessee shall
keep the floors of hangars,
terminal apron and ramp
areas, and areas used in their aircraft
operation, clean
and clear of oil, grease and other materials or stains and otherwise in a clean
and orderly manner. No painting of aircraft
or other personal property by
lessees shall be allowed except within the confines of an
enclosed hangar. Permittee shall comply with all applicable
NPDES regulations affecting treatment of on-site drainage and disposal of
hazardous materials (e.g., aircraft oil and fuel), as may be enforced by the
County Department of Public Works.
36. Outside storage of construction, building
and aircraft materials, including inoperable vehicles and aircrafts, is
prohibited on the property. All aircraft
parts and aircrafts undergoing repair or service shall be stored within an
enclosed hanger.
37. Upon the subject airport’s
change in classification to a Restricted, Special-Use, Private airportthis
action becoming effective, the permittee shall be authorized to
seek County approval for the completion of the ten (10) partially constructed personal aircraft storage hangars
for which County building permits have been issued.
Upon the subject airport’s change in classification to a
Special-Use airport, the permittee shall also be
authorized to seek County approval for construction of a maximum of forty-five
(45) additional personal aircraft storage
hangars on the subject property, none of which shall exceed 3,000
sq. ft. in floor area. The maximum
number of personal aircraft storage hangars allowed at the airport
is fifty-five (55). County building
permits for any such 45 additional personal aircraft
storage hangars shall not be issued unless and until permittee provides
official proof that the airport has been converted to a Special-Use airport and
provides clearance from the Federal Aviation Administration (FAA) that such
hangar heights and locations meet applicable FAA regulations/standards.
Upon the subject airport’s change in classification
to a Special-Use airport, the permittee shall also be authorized to seek County
approval for the construction of one (1) “multi-use” hangar and “community storage hangars,” as provided herein. Use of said
multi-use hangar shall be expressly restricted
to only the following: (a) storage of the airport owner’s
personal aircraft; (b) interior
filming purposes; (c) use by permittee for aviation ground school
instruction; and (d) a venue
for community meetings and/or special events.
A County building permit for said multi-use hangar or said community storage hangars shall not be
issued unless and until permittee provides official proof that the airport has
been converted to a Special-Use airport and provides clearance from the Federal
Aviation Administration (FAA) that such hangar height and location meets
applicable FAA regulations/standards.
In no event shall the combined floor area of the 55 new personal aircraft storage hangars, one (1) new
multi-purpose hangar and the community storage
hangars exceed 182,000 sq. ft.