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ARMBRUSTER
& GOLDSMITH LLP |
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LAND
USE ENTITLEMENTS l
MUNICIPAL ADVOCACY |
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Land Use/Government Specialist |
LOS
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Tel:
(310) 209-8800 Fax:
(310) 209-8801 |
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Email:
Aaron@AG-landuse.com |
PROPOSED CORRECTIVE CONDITIONS RELATED TO
MODIFICATION OF SPECIAL PERMIT No. 1404-(5) FOR THE
This 8TH
iteration of the airport’s draft proposal “marries” the applicable draft
conditions being recommended by County Regional Planning staff with those being
proposed by the airport as a result of its discussions with the community
regarding the modification of Special Permit No. 1404-(5). The
To help guide the
reviewer, the conditions have been organized into subcategories, which are
presented in bolded, italicized underlined text immediately above the related
conditions. Finally, those
STANDARD
CONDITIONS INCLUDED IN COUNTY USE PERMITS:
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 this grant is extended pursuant to Condition No. 9.
Inspections shall be unannounced.
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.
CONDITIONS
RE: CONVERSION OF AIRPORT TO “SPECIAL-USE” AIRPORT; TERMS OF AIRPORT FLYING
USE; GUEST PILOT AND COMMUNITY-SERVING FLIGHT OPERATIONS; AIRPORT OPERATION
& SAFETY REGULATIONS; TYPE OF AIRCRAFT TO USE/BE BASED AT AIRPORT
A.
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. 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 below, Once once the
subject airpark’s change in classification is effective, only the permittee,
permittee’s guests, only the permittee,
individual lessees of hangar pads
located on the subject property
(“lessee”) and guests as set forth below 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, lessees may hire a
personal pilot to pilot lessee to or from the airport in lessee’s personal
aircraft based at the airport. In such cases,
prior to any flight operations by a personal pilot at the airport, 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 hangar pad lessees who are also licensed pilots
shall be authorized to pilot a “family” plane stored by such 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. (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.)
[Note to reviewers: this provision is added to allow more than one
pilot in an immediate family to be able to fly the family plane; e.g., to
accommodate a family in which both the father and daughter are licensed pilots
who fly the same “family” plane.]
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 use and use by
any governmental or quasi-governmental agency may be permitted by the permittee. 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 fifty-six (56) persons (i.e., permittee plus fifty-five lessees) and at
no time shall more than sixty-five (65) aircraft be based at the airport
(including helicopters, as provided herein).
The
permittee and each storage hangar pad shall be allotted
a
maximum of twelve (12) “guest pilot flight
operations" per year (i.e., one (1) permittee +
55 storage hangar pads x 12 guest pilot flight operations per year = a
permitted total of 672 guest pilot flight operations per year). (For
purposes of this condition, one (1) guest pilot
flight operation means a combination of one takeoff and
one landing at the airport by one (1) individual pilot who
is a guest of the permittee and/or a lessee
who pilots a fixed-wing aircraft into the airport which
is not based at the airport). Guest pilots of the permittee or lessees
shall at all times be prohibited from piloting helicopters into the airport. All guest pilots shall obtain the permission
of the permittee 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 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 12 guest pilot flight operations for the permittee and each hangar pad shall
not be permitted to be transferred between or otherwise shared or pooled by the
permittee and 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.
AOAA
B.
The
permittee shall be authorized to allocate up to 104 flight operations (for the
purposes of this condition, one “public-serving flight operation” means one
landing and 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
104 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.
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 104 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.C.
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
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
Airport Steering Committee for review and comment. Once finalized, the permittee shall include
said Regulations as a part of any hangar lease agreement that has been or is executed at the airpark. The permittee shall also post said
Regulations on its internet site and shall make copies of said Regulations
available to the public upon request at no charge. The permittee shall provide copies of the
finalized Regulations to the Aviation Division of the Department of Public
Works, the Department of Regional Planning (for inclusion in the case file),
the 5th Supervisorial District office 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.
D.
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.
E.
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 in or out of the airport. An
operator shall be available to answer the telephone and receive such complaints
during all flight hours at the airport.
The permittee shall take all reasonable steps to investigate all
complaints and to respond to all complaints in a timely manner.
F.
Formation flying
shall be prohibited within the boundaries of
the Agua Dulce Community Standards District for aircraft landing at or
taking off from flight
operations originating
G.
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.
H.
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.
I.
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.
“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 flight operation originating from or landing atarkort
K.
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.
L.
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.
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).
N.
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.
P.O.
That this 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
helicopters based at the airport shall
be restricted to landing and taking off only in said zone. 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 “flight
operation” means either
one takeoff or one landing at the airport). 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.
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.).
[Note to reviewers: The above condition
is intended to replace existing condition no. 12 of Special Permit No.
1404-(5). We intend to perform a
turbine-driven and piston-driven aircraft flight demonstration during the
Regional Planning Commission’s
P.
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.
[Note to reviewers: The above condition is intended to replace
existing condition no. 5(f) of Special Permit No. 1404-(5).)
20. 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.
CONDITION
RE: NEW AIRCRAFT HANGAR CONSTRUCTION AT AIRPORT AND NUMBER OF AIRCRAFT TO BE
BASED AT AIRPORT; CONSISTENCY WITH APPLICABLE REGULATIONS OF FEDERAL, STATE
AND/OR LOCAL AVIATION AGENCIES:
Q.
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 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 storage
hangars on the subject property, none of which shall exceed 3,000
sq. ft. in floor area. The maximum
number of storage hangars allowed at the airport
is fifty-five (55). County building
permits for any such 45 additional 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 containing a
maximum of 18,000 sq. ft. of floor area. 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 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 storage hangars and one (1)
new multi-purpose hangar exceed 182,000 sq. ft.
At no
time shall the permittee allow more than sixty-five (65) aircraft to be based
at the airport (including helicopters). The permittee and each
lessee shall register with the Airport Manager information regarding each
aircraft based by such permittee and
lessee at the airport. The Airport Manager shall keep an up-to-date,
accurate log of every based aircraft at the airport, to
include at least the following information: a
photograph of each based aircraft; aircraft
identification/tail number; year, make/model and
color of each
aircraft; the
name and address of each aircraft owner; and owner’s
proof of insurance. Said log shall be made available to
Departmental Zoning Enforcement staff and the Airport Steering
Committee for inspection, upon request.
Said Each new
hangars shall be constructed of new material
and painted in a color consistent with the equestrian/rural character of the
community.
(Note to reviewers: The above condition is proposed to take the
place of existing condition no. 6 of Special Permit No. 1404-(5).)
21. Consistent with all other applicable provisions of this
grant, the height of the all buildings and hangers shall not exceed 35 feet above finished grade.
22. The
runway shall be paved maintained in accordance to the guidelines of the Federal
Aviation Administration and the California Department of Transportation
Division of Aeronautics;
23. The permittee shall comply with all
applicable regulations of the Aviation Division of Los Angeles County
Department of Public Works, the California Department of Transportation
Division of Aeronautics and the Federal Aviation Administration.
24. All obstruction marker, wind cone,
traffic directional indicator and other appurtenant structures and equipments
necessary for the safety of the airport as required by the Federal Aviation
Administration and the California Department of Transportation Division of
Aeronautics shall be subject to the approval of the Department of Public Works
Division of Aviation.
CONDITIONS
RE: ESTABLISHMENT OF AIRPORT STEERING COMMITTEE; REQUIREMENTS FOR REGULAR
COMMUNITY MEETINGS
R.
The airport
shall work with the community in establishing
an
Airport Steering Committee (“ASC”) for
the purpose of, among other things, advising the airport with respect to
the
operation of the airport and its impact on and relationship with the Agua Dulce
community, and acting as a liaison between the Agua Dulce community and the
airport. The ASC shall be an independent
Committee composed of two (2)
persons appointed by the Agua Dulce Town Council, (2) persons appointed by the
Agua Dulce Civic Association, two (2) persons
appointed by the Concerned Citizens of Agua Dulce, two (2) persons appointed
by the permittee and one (1) representative from the 5th
Supervisorial District office. Each appointed member of the ASC from the
Agua Dulce Town Council, the Agua Dulce Civic Association and the Concerned
Citizens of Agua Dulce shall maintain primary residency within
the boundaries of the Agua Dulce Community Standards District resident property owner from the Agua Dulce community,
and shall provide proof of such primary
residency to ASC prior to appointment. The ASC shall meet at
least monthly during the first two (2) years following
the
effective date of this grant, and at least quarterly thereafter. All meetings conducted by the ASC shall be
open to the public.
C.S.
During the first two (2)
years from the effective date of this grant, Tthe
permittee shall conduct four (4) meetings per year biannual
meetings (once every 6 months) with neighbors and other interested
community members to provide a forum for community/airpark dialogue regarding
filming activities and other issues of community interest concerning the
airpark (including the airpark’s ongoing compliance with the conditions of
Special Permit No. 1404-(5), as modified herein); thereafter, the
permittee shall conduct said community meetings biannually (i.e., twice per
year).. Said community meetings shall be
conducted at an Agua Dulce location mutually agreeable to the permittee and
community representatives and shall be paid for by the airpark owner. No member of the public shall be denied
access to said community meetings.
Representatives of the 5th Supervisorial District office, the
Department of Regional Planning, the Division of Building & Safety of the
Department of Public Works and the Entertainment Industry
Development Corporation (EIDC) and the Airport Steering Committee shall be
invited to attend said meetings. Minutes
of said community meetings shall be taken by the airpark management, and, after
approval by the Airport Steering Committee, shall be distributed, no less than 30 seven
(7) days after said meeting, to the Department of
Regional Planning (for inclusion in the case file), the 5th
Supervisorial District office, EIDC and the Agua Dulce Town Councilto all
attendees.
PER
FRIED)Town
Council and Civic Association each appoint 2, 1 from
CCAD, Airport
management represents 2 people) .Meetings
monthly
CONDITIONS
REGULATING FILMING ACTIVITIES AT AIRPORT PROPERTY: COMMUNITY FILMING LIAISON
ESTABLISHED; IMPROVED PUBLIC NOTICING RE: FILMING OPERATIONS; ON-SITE
MONITORING DURING NIGHT FILMING; LIGHTING CONTROLS; PROHIBITION RE:
“AIRCRAFT-TO-AIRCRAFT” & “AIRCRAFT-TO-GROUND” FILMING, ETC.
D.T.
The permittee shall have a
“community liaison” for filming activities conducted at the airpark. At a minimum, the
responsibilities of said community liaison shall include: on-site monitoring
during nighttime film shoots on the subject property to enforce production
companies’ compliance with film permit conditions and conditions of the
modified 1404 permit (particularly with respect to nighttime
lighting during filming activities and filming crew parking); to serve as a
community point of contact at the airpark for all matters related to filming at
the property; and, to be responsible for
providing advanced electronic notice to persons on the filming notification
list maintained at the airpark regarding all filming shoots on the property. Said community liaison shall be an
appointee of the permittee’s to the Airport Steering
Committee.
U.
The permittee shall
provide a minimum 24-hour advanced electronic (email) notice
regarding all filming conducted at the subject property to the
neighbors of the airpark and other community members who request such
notification. The permittee shall
personally contact each of the property owners abutting the subject property’s
boundaries to ascertain if they want to be included on the
Master Filming Notification List to be maintained by the airpark. If said abutting property owners do not have
access to email, then permittee shall provide said abutting property owners
notification via phone. The
permittee shall provide a copy of said Master Filming Notification List to the
management of the EIDC, the 5th Supervisorial District office, the
Department of Regional Planning (for inclusion in the case file), the
Agua Dulce Town Council and the Airport Steering Committee.
V.
No filming operation for which issuance
of a Film Permit is required from the Entertainment Industry Film Corporation
(EIDC) shall occur on the subject property without prior receipt of such valid
Film Permit.
V.
E.W.
Outdoor night filming (that is, filming
conducted outdoors on the subject property after 9
F.X.
All lighting facilities utilized by
filming crews during outdoor night filming shall be shielded from neighboring
residences.
G.Y.
The permittee shall keep noise levels
to a minimum during filming to minimize impacts to neighboring residential
properties. Amplified sound associated
with filming activity at the subject property shall not exceed the applicable
ambient noise levels as set forth in the County’s Noise Ordinance at the
subject property’s boundary lines.
Z.
“Aircraft-to-aircraft” filming
flight
operationsoriginating
from the airport
CONDITION
REGULATING SPECIAL EVENTS AT AIRPORT PROPERTY
I.AA.
Special events at the
airpark for which issuance of a Temporary Use Permit (TUP) is
required shall be limited to a maximum of four six (46)
per year and no such individual special event shall occur for a period
exceeding one (1) day. As part of any Temporary
Use PermitTUP application made by the permittee
in relation to a special event at the subject property, the permittee shall
submit evidence in writing that he has solicited the prior input of the Agua
Dulce Town Council and the Airport Steering Committee
regarding such special event. The permittee shall solicit such input from the
Agua Dulce Town Council and the Airport Steering Committee prior
to entering into any contract related to any special event at the airpark. The permittee shall file all TUP
applications at the Department at
least sixty (60) days prior to the proposed scheduled
date of such special event. The permittee is expressly
prohibited from conducting any tractor pulls, hot air balloon meets, motorcycle
races
events, demolition derby events or
other events featuring motorized vehicles (excluding aircraft) on the subject
property. Subject to the forgoing provisions and to the
permittee obtaining the requisite TUP, the permittee shall be authorized to
conduct an annual “4th of July” special event and a
“Country in Agua Dulce” musical special event at the airpark. The permitted attendance
authorized for four (4) of the six
(6) special events allowed each year
shall not exceed 350 persons per event; two (2) of the six
(6) special events allowed each year shall not be
subject to an attendance restriction, but shall be
subject to prior approval of a TUP.
CONDITION
RE: RELOCATION ASSISTANCE FOR EXISTING HANGAR GROUND LESSEES
BB.
The permittee shall provide no less than 30-day written notice to
all existing aircraft storage hangar owners, who are on a month-to-month ground
lease, of the requirement to remove their personal property (i.e., storage
hangar and all interior contents) from the subject property. Permittee shall help to organize arrangements
for hangar relocation efforts for any existing hangar owner who requests such
assistance, including coordination with American Airports (management entity
for Los Angeles County-administered airports) regarding relocation of such
existing storage hangars to General Wm J Fox Airfield and/or
MISCELLANEOUS CONDITIONS RE: PARKING,
ACCESS, SIGNAGE, LIGHTING, ETC.
26. Vehicular
access within the subject property shall be provided to the Satisfaction of the
27. The
use of the subject property as a private recreation club (pool facilities and
café) is prohibited unless a separate conditional use permit is approved pursuant
to LACC 22.24.150.
[Note to reviewers: As agreed in principal among the parties, we
intend, with community members’ support, to pursue a CUP for a private
recreation club (swimming club) with appurtenant beer and wine service.]
28. The
permittee shall post signs indicating the maximum speed limit of 5 miles per
hour throughout the parking area and driveways;
29. Notwithstanding
temporary parking provisions that may be authorized for special events on the
subject property pursuant to approval of a Temporary Use Permit, as provided
herein, designated parking area shall be paved in accordance
with Section 22.56.1060 of the
30. The
permittee shall provide adequate on-site parking for special events at the
facility, either on-site or on adjoining property
owned by the permittee. Permittee shall
submit an exhibit with each Temporary Use Permit application filed at the
Department depicting where such special event parking will be located for any
special event conducted at the subject property.
31. The
required parking spaces shall be continuously available for vehicular parking
only and shall not be used for storage, automobile or truck repair or any other
unauthorized uses.
32. All
outdoor trash containers shall be covered and all trash enclosure areas shall
be screened from public and private view corridors by landscaping, berms,
compatible structures or walls, or a combination of these.
33. No person
shall commit any disorderly,
obscene or unlawful act or commit any nuisance on the subject
property.
34. All
parking lot and other exterior lighting
shall be hooded and directed away from neighboring residences to prevent direct
illumination and glare, and shall be turned off within thirty (30) minutes
after conclusion of activities, with the exception of sensor-activated security
lights and/or low level lighting along all pedestrian walkways leading to and
from the parking lot and hangers.
35. Within
thirty (30) days of the approval date of this grant, the permittee shall submit
to the Director for review and approval three copies of a lighting plan, which
may be incorporated into the revised Exhibit “A” as described above. The lighting plan shall show the locations,
types, and heights of all proposed pole and wall mounted lighting.
36. Except
for special events with a temporary alcoholic beverage permit issued by the
State of California Department of Alcoholic Beverage Control, the sale of
alcoholic beverages at the airport is prohibited unless a separate conditional
use permit is approved pursuant to LACC 22.56.195.
37. All
deliveries to the subject property shall also
be conducted between the hours of 8:00 a.m. and 5:00
p.m., Monday through Saturday. within
these operating hours.
38. The
permittee shall maintain a current contact name, address, and phone number with
the Department of Regional Planning at all times.
The
permittee and each
hangar lessee shall register with the Airport Manager each aircraft
owned and/or operated by such permittee
and hangar lessee at
the Airpor
T.CC.
The existing café, as set forth in the
approved Revised Exhibit “A”, is permitted to operate as an accessory use to
the airport and private recreational club,
subject to conformance with applicable State and County regulations.
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 airpark. Aircrafts under repair
or aircraft parts being utilized for the repair of an aircraft shall be stored
within an enclosed hangar structure.
R.DD.
The permittee shall provide the Department
the legal description of the revised boundaries of the subject airport
property, to be prepared by a licensed surveyor or engineer, and submit to the Department of Regional
Planning for approval three (3) copies of a Revised Exhibit “A” plan, clearly
depicting the following:
i.
The following notation over the paved
area located southerly and adjacent to the airpark landing strip: “Restricted Use Area: No aircraft parking
allowed in this area at any time. This
area shall only be utilized for filming purposes and during Special Events
hosted at the airpark.” Said area
shall be cross-hatched on the Revised Exhibit “A” for easy visual
identification.
ii. The locations and dimensions (where
appropriate) of all structures, roads and/or other improvements to be sited on
the subject property pursuant to this action-- (e.g.,
landing strip, aircraft taxi ways, café, swimming pool, aircraft fueling
facilities, 10 exterior aircraft parking spaces, the 55 new storage
hangershangars
(none of which are to exceed 3,000 SF of floor area), one (1) new multi-purpose
hangar (not to exceed 18,000 SF of floor area), helicopter
helipad/landing zone, fencing, vehicular
parking facilities (per Part 11, Title 22 of LACC), etc. authorized
pursuant to this grant, etc.). An “airtel” structure shall not be depicted
on said Revised Exhibit “A” The combined floor area depicted on said Revised
Exhibit “A” for the 55 new storage hangars and one (1) new multi-purpose hangar
shall not exceed 182,000 sq. ft.
[Note to reviewers: The airport owner’s offer to eliminate the presently
entitled airtel (per SP 1404) from the site plan is conditional upon his
receiving the community’s support for approval of a CUP authorizing a private
recreation club (swim club) with accessory beer and wine service; see draft
condition no. 27 above.]
Upon the County’s approval of the
aforementioned Revised Exhibit “A,” the subject property shall be developed and
maintained by the permittee in substantial accordance with such Exhibit. In the event that subsequent revised plans
are submitted, permittee shall submit three (3) copies of the proposed plans
for approval to the Director of Planning.
All revised plans must be accompanied by the written authorization of
the property owner.
The permittee shall also submit to the
Director of Planning three (3) copies each of: (1) an “Aircraft Hangar Removal
Exhibit” to the Director of Planning, clearly
identifying each existing hangar that is identified for future removal by the
permittee pursuant to this action; and, (2) a “Film Crew Parking Exhibit,”
depicting locations on the subject property designated for parking of film
crews’ personal vehicles during filming activities on the property.
CONDITION RE: PERMIT EXTENSION AND
TERMINATION
EE. Except as otherwise provided below in subsections (a) and (b) of this condition, this grant will terminate on _____ (30 years after its effective date). Entitlement to the use of the property thereafter shall be subject to the regulations then in effect. If the permittee intends to continue operations after such date, a new Conditional Use Permit application shall be filed with the Department of Regional Planning at least six (6) months prior to the expiration of this permit, whether or not any modification of the use is requested at that time.
a. Notwithstanding the foregoing provision, upon written application made no less than six (6) months prior to the termination date above, permittee may petition to have the term of this grant extended for five (5) years by the Regional Planning Commission (“Commission”), subject to the Commission’s consideration of such petition at a duly noticed public hearing, as provided herein. The Commission shall grant such extension request if it finds, after its due consideration of all facts and testimony presented with the petition application and during the public hearing, the following: (1) that the permittee has substantially adhered to the conditions of approval or has exercised its utmost diligence in timely correcting, to the issuing agency’s full satisfaction, any Notice of Violation of such conditions upon the County’s written notice thereof; and 2) that the use is and has been conducted in compliance with all applicable laws and regulations. If the Commission makes foregoing findings in the affirmative, the permit extension petition shall be granted and the permit shall be extended for an additional five-year term. The Commission may, during its consideration of public and/or permittee testimony at the permit extension petition hearing, modify the conditions contained herein to make them more restrictive so as to protect the neighborhood and to mitigate impacts of the use, or may modify the conditions to make them less restrictive, if deemed no longer needed to mitigate the impact of the use.
b. If the term of the grant is extended pursuant to subsection (a) above, upon written application made no less than six (6) months prior to the termination date of the permit extension period, permittee may petition to have the term of the grant extended for five (5) additional years by the Regional Planning Commission (“Commission”), subject to the Commission’s consideration of such petition at a duly noticed public hearing. If the Commission makes the findings outlined in subsection (a) above in the affirmative, then the permit extension petition shall be granted and the permit shall be extended for an additional five-year term. The Commission may, during its consideration of public and/or permittee testimony at the second permit extension petition hearing, modify the conditions contained herein to make them more restrictive so as to protect the neighborhood and to mitigate impacts of the use, or may modify the conditions to make them less restrictive, if deemed no longer needed to mitigate the impact of the use.
If a second extension is granted pursuant to this subsection (b), the grant shall terminate at the end of the second extension period and no additional extensions of this permit may be granted. If the permittee intends to continue operations after this date, a new Conditional Use Permit application shall be filed with the Department of Regional Planning at least six months prior to the termination of the extension period, whether or not any modification of the use is requested at that time.
[Note to reviewers: This is
a very important issue to both the airport owner and the concerned community
members; we believe the above language represents a suitable and workable compromise
to this issue. SP 1404 currently
contains no expiration date, so the airport owner enters with great concern
into any condition potentially requiring the termination of his ability to
operate an airport on his property. Due
to property improvement financing concerns, it is critical that the initial
term of the grant be for a long term (i.e., 30 years) so that lending
institutions will view long-term financing as being viable for the
property. We maintain that, through the
airport owner’s compliance with the numerous new operational conditions
contained in this document, we will have mitigated many of the concerned
community members’ historic concerns with the airport operation. As constructed, these draft conditions
contain sufficient protections for the community, insuring timely remedies for
non-compliance (including the opportunity for permit revocation for
non-compliance). Through implementation
of the proposed conditions, we are confident this airport will become a valued
asset for the entire community of Agua Dulce.]
39. This
grant modifies the terms of the Special Permit 1404 as stated herein. Any and all remaining terms of the Special
Permit 1404 shall remain in full force and effect. If there is any conflict between the terms of
Special Permit 1404 established in 1959 and this grant, the terms set forth
herein shall govern.
THE
FOLLOWING ARE DRAFT CONDITIONS BEING RECOMMENDED BY PLANNING STAFF WHICH THE
AIRPORT PROPOSES BE ELIMINATED DUE TO CONFLICT WITH THIS PROPOSAL (EITHER DUPLICATIVE
OR NON-APPLICABLE)
Ø
The Director of Planning shall evaluate the applicant’s compliance with
the conditions of approval two (2) years after the effective date of this
grant. The permit shall be extended to . If the permittee is found to be in compliance
with the conditions of approval. If the
applicant is found not to be compliance with the conditions of this grant a
revocation/modification public hearing shall be held before the Regional
Planning Commission in accordance with Section 22.60.174 of the
Upon the termination of this grant, entitlement to the use of the property thereafter
shall be subject to the regulations then in effect. If the permittee intends to
continue operations after such date, a new Conditional Use Permit application
shall be filed with the Department of Regional Planning at least six months
prior to the termination date of this grant, whether or not any modification of
the use is requested at that time.
(Note to reviewers: This
condition is replaced by draft condition “EE” of the airport’s proposal above.)
Ø
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 revised plans, that depict all
project changes required by these conditions of approval, including the
following: 1) the use and size of all
existing buildings, 2) provide the property description of the airport boundary
prepared by a licensed surveyor or civil engineer, and 3) depict the dimensions
of all airport improvements such as hangers, access driveways, runway and
tie-down area. The subject property
shall be developed and maintained in substantial compliance with the approved
Exhibit “A.” In
the event that subsequent revised plans are submitted, the permittee shall
submit three (3) copies of the proposed plans to the Director for review and
approval. All revised plans must
be accompanied by the written authorization of the property owner.
(Note to reviewers: This
condition is replaced by draft condition “DD” of the airport’s proposal above.)
Ø
The permittee is
authorized to have no more than four (4) special events per calendar year on
the subject property. The activities of
each special event are subject to the preliminary review of the Agua Dulce Town
Council and the approval of the Director of Planning.
(Note to reviewers: This
condition is replaced by draft condition “AA” of the airport’s proposal above.)
Ø
Filming activities
on the subject property shall not occur no more than days or permits per year. Restrict night-time filming activities at the
airport to reduce noise and glare related impacts. ___ hours advance notice regarding all
filming activities at the subject property shall be provided to adjacent
property owners and residents of the airport and other local residents who
request such notification. Outdoor
night-time filming at the subject property shall be limited to days or permits per year. Lighting facilities utilized by filming crews
during night shoots shall be shielded from neighboring residences within view
of such filming activity to prevent glaring.
(Note to reviewer: This
condition is replaced by draft conditions “T-Z” of the airport’s proposal above.)
Ø
This grant
modifies the following uses on the
subject property:
a.
# storage
hangers not exceeding square feet each;
b.
# of service
hangers not exceeding # square feet each;
c.
An aircraft
tie-down area for # of aircrafts;
d.
A # square foot
lounge and café;
(Note to reviewer: Condition
“a” above re: storage hangars is replaced by draft conditions “Q” and “DD” of
the airport’s proposal above. Condition
“b, c and d” above are proposed for deletion because we are proposing no
service hangars, no aircraft tie-down area (apart from that provided in
proposed condition no. “M” above) and the café/lounge is addressed in the
airport’s draft condition “DD” above.)
Ø
The use and
maintenance of the airport shall be further subject to all of the following
restrictions:
a.
The airport may
serve as an emergency landing field for all aircrafts and a staging area for
government aircrafts used for purposes
such emergency rescue and fire fighting;
b.
A minimum of 62
on-site parking spaces shall be provided and continuously maintained, including
two (2) spaces reserved for persons with disabilities, one (1) of which shall
be van-accessible;
(Note to reviewer: Condition
“a” above is incorporated in draft condition “A” of the airport’s proposal above
and Condition “b” is incorporated in draft condition “DD” above.)
A
comment about future development plans:
At the appropriate time in the near future, the airpark
would very much like to discuss with community members its exciting plans for
development of a high-quality, affluent single-family residential community
unlike any other in
As envisioned, the development plan would include equestrian
improvements (which would be shared by Agua Dulce’s equestrian-loving community
at-large) as well as outstanding and unique opportunities for the development’s
pilot-homeowners to take advantage of the adjacency of the airpark by storing
their aircraft in nearby hangars sited at the airpark. The intent would be for each of the approximately
50 homebuyers to also purchase or rent a hangar at the airpark.
We understand that the task at hand is to resolve issues
related to the current operations of the airpark property, vis-à-vis
modifications to the airpark’s existing Special Permit No. 1404-(5); however,
at the appropriate time in the near future, we look forward to discussing these
plans with you and the broader community and receiving your valued input.
Thank you very much for your consideration of the foregoing
matters. We very much look forward to
continuing our discussions with you on these important issues to the community
of Agua Dulce.
Very
truly yours,
Aaron
P. Clark
Land
Use/Government Specialist
ARMBRUSTER
& GOLDSMITH LLP
AC:AC