May 20, 2004
Agua Dulce Airpark, LLC Barry Kirshner
33638 Agua Dulce Canyon Rd Agua Dulce, CA 91350
Inspection File No.: EF030806 Dear Mr. Kirshner:
Final Zoning Enforcement Order
There have been reports from the community that planes have been flown in a dangerous fashion and that aerial acrobatics have occurred at Agua Dulce Airpark, located at 33638 Agua Dulce Canyon Rd, Agua Dulce, CA. As you are aware, your use of the Airpark is governed by Special Permit 1404. Condition 11 of Special Permit 1404(5), states:
11. That there be no acrobatics, parachute jumping or other form of dangerous flying conducted at this airport.
As such, the permit clearly prohibits acrobatics, parachute jumping or any other form of dangerous flying at the Airpark. Therefore, this is not a permitted use and must cease.
It has also been noticed that a new tie-down area has been constructed at the southern end of the airpark. This new tie-down area has never been approved by the Director of Regional Planning as part of the airpark. Any time a change is made to the airpark, a Revised Exhibit "A" must first be submitted and approved by the Director.. Condition 1 of Special Permit 1404(5), requires:
1. That two copies of a revised plot plan incorporating such of the following conditions as may be shown on a plan be submitted for approval of the Director of Planning. (Note: This will establish the location of the hangars and the airtel)
Further, Los Angeles County Zoning Ordinance, Section 22.60.330.A and 22.60.330.B, provide as follows:
22.60.3330.B No person shall use or permit to, enlarge, advertise on, structurally alter or enlarge any structure, or advertise on any structure, except as specifically provided and allowed by this Title 22.
22.60.3330.B No person shall use or permit to be used any structure or land, nor shall any person erect, structurally alter or enlarge any structure, or advertise on any structure, except in accordance with the provisions of the Title 22.
You must immediately submit a Revised Exhibit "A" in order to establish the location of the new tie-down area.
Also, please note Condition 16 of Special Permit 1404(5), states as follows:
16. It is hereby declared and made a condition of this permit that if any condition hereof is violated or if any other law, statute or ordinance is violated the permit shall be suspended and the privileges granted hereunder shall lapse; provided that the applicant has been given written notice to cease such violation and has failed for a period of 30 days to do so.
In addition, Section 22.60.390 of the Los Angeles County Code provides a shorter time for compliance. Please be advised as follows:
Failure of the owner or person in charge of the premises to comply with this order within fifteen (15) days after the compliance date specified herein, or any written extension thereof, shall subject the violator to a noncompliance fee in the amount of $562, unless an appeal from this order is filed within fifteen (15) days after the compliance date. Such appeal must comply with Section 22.60.390(C) of the Los Angeles County Code.
Therefore to avoid being charged the noncompliance fee and potential lapse and/or suspension of the permit, you must abate the aforementioned zoning violations and bring the subject property into compliance with the Los Angeles County Zoning Ordinance within fifteen (15) days after the compliance date which has been set at June 24, 2004. Failure to correct the violations found at 33638 Agua Dulce Canyon Rd, Agua Dulce by the date specified herein may cause this matter to be referred to the District Attorney with the request that a criminal complaint be filed if compliance is not achieved. Conviction can result in a penalty of up to six months in jail and/or a one thousand dollar fine, each day in violation constituting a separate offense.
Any inquiry regarding this matter may be addressed to the Department of Regional Planning, 320 W. Temple Street, Los Angeles, CA 90012, Attention: Zoning Enforcement. To speak directly with the investigator, Nicole Gaudette, please call (213) 974-6453 before 10:00 a.m. Monday through Thursday. Our offices are closed on Fridays.
Very truly yours,
DEPARTMENT OF REGIONAL PLANNING James E. Hartl, AICP, Director of Planning
Rose Hamilton, AICP Supervising Regional Planner Zoning Enforcement, Section I