Apparently they have been ongoing since early December in total secrecy with no public notice or input. Someone added the Civic and CCAD
Park Overall's group was excluded from the negotiations even though she has spent over $25,000 in legal fees to get this hearing. Here is her group's position.
CCAD decided on 1-16-05 to release this information to the media as they felt the residents and property owners should see what the airport and the president of the Town Council were giving away. Here is their public position.
CCAD must be commended for opening this up to the public. The Agua Dulce Town Council must be ridiculed for their decision to force the views of a small number of individuals on the community. The CIVIC made their position public.
The actions by Fried, in agreeing in secret to continuing the airport's community damaging operations, are particularly egregious. The Town Council is required in its charter at H.3. "No member of the Town Council may speak or write in the name of the Town Council unless specifically authorized by a majority of the Town Council members." This is reiterated in their bylaws at 9.3. Until CCAD made this public, Fried was making decisions that would negatively affect the community without the community even knowing about the meetings
A portion of the blame belongs to Antonovich's office personal who encouraged these groups to work in secret without any information to the community.
Index
Filming Activities/Community Outreach
Reduced Air Traffic
Special Events at Airpark
List of Proposed Corrective Conditions
A comment about future development plans
Comments are on green text
ARMBRUSTER & GOLDSMITH LLP
LAND USE ENTITLEMENTS l MUNICIPAL ADVOCACY
10940 WILSHIRE BOULEVARD, SUITE 2100
Aaron Clark, MA
Land Use/Government Specialist
LOS ANGELES, CALIFORNIA 90024
DISCUSSION OF ISSUES AND PROPOSED CORRECTIVE CONDITIONS RELATED TO MODIFICATION OF SPECIAL PERMIT No. 1404-(5)
The airpark needs to immediately improve community coordination regarding its filming operations, and also needs to implement corrective measures that will reduce the impact of filming operations to airpark neighbors.
To improve community coordination, we propose to provide at least 24-hour advanced electronic (email) notice, via terms agreeable to the concerned neighbors/community members, regarding all filming activities at the airpark to representatives of the Agua Dulce Town Council, the Agua Dulce Civic Association, Concerned Citizens of Agua Dulce ("CCAD") and those neighbors of the airpark and other community members who request such notification.
We also propose to conduct community meetings 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 will be modified by the County). These community meetings would take place at an Agua Dulce location mutually agreeable to the airpark and concerned community members and would be paid for by the airpark owner. Initially, these community meetings should occur frequently (four times per year for the first two years after the effective date of the County’s permit modification action); and at least two times per year thereafter. Representatives of the 5th Supervisorial District office, the Department of Regional Planning and the EIDC would be invited to attend these meetings. We propose that the aforementioned filming noticing and community meeting measures be included by the County as additional conditions of a modified Special Permit No. 1404-(5).
We also propose to work with community representatives and the EIDC in formulating effective mitigation measures intended to reduce the impact of filming operations to airpark neighbors, which measures would also be incorporated as additional conditions of a modified Special Permit No. 1404-(5). Among potential others, we propose such corrective measures include:
Specifying reasonable limits on the frequency of outdoor night-time filming at the airpark;
Requiring that lighting facilities utilized by filming crews during night shoots be shielded from neighboring residences within view of such filming activity;
Prohibiting "plane-to-plane" filming activities emanating from the airport from occurring over the community of Agua Dulce (i.e., within the Agua Dulce Community Standards District boundaries); But allowing them over Acton
Requiring the airpark to employ an airpark "community liaison" for filming matters, who would: be responsible for on-site monitoring during nighttime film shoots on the property to enforce production companies’ compliance with film permit conditions and conditions of the modified 1404 permit; serve as a community point of contact at the airpark for all matters related to filming at the property; 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;
Requiring Planning Department approval of an exhibit depicting on-site areas at the airpark property that are designated for film crew parking during filming activities; and,
Requiring that filming activities not exceed the prescribed ambient noise levels per the County’s Noise Ordinance at all airpark property lines. This level is so high this is meaningless
The airport management should also work with the community and County in establishing an Airport Steering Committee, which would fill a key liaison role between the community and the airport. To Index
Another key issue of concern is itinerant/"transient" air traffic at the airpark. Indeed, the amount of itinerant air traffic at the airpark, particularly on weekends, is the root cause of many of the concerned community members’ problems regarding the airpark.
To finally resolve this long-standing issue between the concerned community members and the airpark, we propose that a condition be added to Special Permit No. 1404-(5) requiring the timely conversion of the airpark to a "Restricted," Special-Use, Private Airport. This would require the airpark owner to post large "R" letters on opposite ends of the airpark landing strip, which would immediately stop all itinerant or "day-trip" pilots from landing at the airpark without the airpark’s express prior authorization, and then only for a bona fide reason (such as an emergency). Generally, only those pilots who maintained a hangar at the airpark, and a limited, regulated number of their guests, would be permitted to land there (except, of course, in the case of emergencies).
Converting the airpark to a Restricted, Special Use, Private airport will have immediate and lasting benefits to the community, including:
An immediate, substantial and lasting reduction in the number of aircraft landing at and taking-off from the airpark;
Community assurance that those pilots who utilize the airpark are principally "residents" of the airpark, inasmuch as they maintain a hangar at the airpark. These pilots will be intimately familiar with the airpark’s flight rules and procedures and will have an interest in making sure they abide by the rules and are respectful of the community. Moreover, in the unlikely event a resident pilot does not follow the airpark’s flight rules and procedures, the airpark staff will easily be able to identify such pilots and take immediate corrective action; and,
Provide lasting regulatory restrictions regarding the type of aircraft that could land and/or takeoff from the airport (i.e., insure that no jet aircraft could ever land or takeoff from the airport). But helicopters would be allowed
In addition to the community benefits that would be realized by converting the airpark to a Restricted, Special-Use, Private airport, this act would also have an immediate, substantial negative financial impact to the airpark owner. This is because he would no longer be able to "market" his airpark facilities (i.e., café and fueling station) to the many itinerant pilots who currently purchase such goods and services at the airpark.
To help defray the substantial loss of income that would immediately result from the change of airport classification, we propose the following reasonable "concessions" (for lack of a better word):
If the airpark owner is going to prohibit all itinerant/transient air traffic at his airport, then it is only equitable that he be allowed to increase the number of hangars available for lease at the airpark in order to make a reasonable return on his investment in the airpark property. Once he shuts off the flow of transient air traffic at the airpark, he will understandably need to generate income by other means to support his substantial investment in the property.
Upon the County’s permit modification action becoming effective, we propose that the airpark owner be permitted to:
Seek County approval to immediately complete the construction of the ten (10) storage hangars for which County building permits have been issued (i.e., the 10 storage hangars for which "stop-work" orders have been issued by the County Building & Safety Division pending resolution of the Special Permit modification matter)., and
Once the airport’s classification has been changed to a Restricted, Special-Use, Private airport, we propose that the airpark owner be permitted to:
Seek County approval for the construction of forty-five (45) additional storage hangars at the airpark, fully compliant with applicable regulations of federal, state and/or local governments.;
ii. Cap the number of aircraft that could be based at the airpark at sixty-five (65) aircraft; and,
iii. Construct one (1) new "multi-use" hangar, no more than 18,000 sq. ft. in size, which would be restricted to the following uses: a) for the storage of aircraft owned by the airpark owner; b) for indoor filming activity; and c) for community meetings/events.
We agree to the stipulation that the combined floor area of all of the 56 new proposed hangars (i.e., 55 new storage hangars and 1 new multi-purpose hangar) not exceed 164,000 sq. ft. This is about 1.5 COSCO stores
(As the new hangars are constructed, a like number of old hangars will be removed from the property, so that the total number of hangars at the airpark does not exceed 56. The airpark intends to remove all old hangars located on the property, including the approximately 36,000 sq. ft. of aircraft maintenance hangars. In keeping with the equestrian/rural character of the area, we ask that condition no. 6 of Special Permit No. 1404-(5) be modified to allow the new hangars to be painted in a color pattern that is consistent with the rural character of the community.)
We believe our proposal for hangar production at the airpark is appropriate and reasonable, considering no itinerant aircraft will be landing at or taking-off from the airport once the change in airport classification occurs. Again, generally only those pilots maintaining a hangar at the airpark will be flying in and out of the airport.
The large majority of pilots storing a plane within a hangar at the airpark will only intermittently fly their planes. Moreover, only the individual lessee of each hangar pad will be allowed to store his/her personal aircraft in each hangar; no storage of family members’ or friends’ aircraft will be allowed and only the lessee of the hangar pad will be permitted to pilot aircraft into and out of the airport (except for a limited number of guests and as might be required during an emergency).
Much like the usage patterns of boat owners who rent a boat slip in a marina or of Recreational Vehicle ("RV") owners, pilots typically do not fly their planes every week. As such, the airpark neighbors will realize an immediate and lasting reduction in the number of landings and takeoffs at the airpark. Again, these resident pilots will understand and abide by the rules of the airpark, because their flight activities will be easily scrutinized by the airpark staff. To help insure pilots’ compliance with the airpark’s flight rules and procedures, we propose that such flight rules and procedures be included as a part of each hangar lease that is executed at the airpark.
A review of detailed historical flight operations data for the SkyRanch airport in Carefree, Arizona, strongly supports our claim that the Agua Dulce community will experience a dramatic and sustained decrease in flight traffic at the Agua Dulce Airpark, once the airport is converted from a public use airport to a Restricted, Special Use, Private airport.
SkyRanch is a Private, Restricted-Use airport that is part of a "fly-in" residential community located within a residentially developed region of the City of Carefree, Arizona. SkyRanch maintains 135 storage hangars, 11 tie-down spaces (for lease) and also operates under a Special Use Permit. The number of based aircraft varies at SkyRanch, but generally never exceeds 120 aircraft (although SkyRanch’s Special Use Permit does not restrict the number of based aircraft, it does limit the number aircraft storage units to 146 including tie-down spaces).
"Real world" monthly flight operations data (detailed accounting of takeoffs and landings per month tabulated at the direction of the City of Carefree) compiled by SkyRanch for each year from 1992 to 2003 indicate that these types of private-use, restricted airports generate what would be considered—by any reasonable standard—very little daily air traffic. The data show that for each year from 1992 to 2003, the airport generated an average of only roughly fourteen (14) flight operations per day (that is, seven takeoffs and seven landings per day). And this from a private airport that typically maintains 55 more based aircraft than we are proposing for the Agua Dulce Airpark (120 vs. 65), maintains longer flight hours each day (flights are allowed to 11:00 p.m.), and experiences measurably better flight weather throughout the year than does Agua Dulce (less rain, clouds, fog, etc.). (Please see the attached letter from the manager of SkyRanch airport, which describes the airport’s operations and provides a log of monthly flight operations between 1992 and 2003).
By comparison, average current daily flight operations at the public use Agua Dulce airport far exceed those of the private use, restricted SkyRanch airport, even though the Agua Dulce airport currently maintains much fewer based aircraft (35 based aircraft at Agua Dulce versus 120 based aircraft at SkyRanch). For example, it is estimated, on days with nice flying weather, that the Agua Dulce airport would see approximately 40 flight operations during weekdays, Monday-Friday (20 takeoffs and 20 landings per day); on Saturdays and Sundays with nice flying weather, the Agua Dulce airport experiences approximately 80 to 100 flight operations per day (i.e., between 40 and 50 takeoffs and between 40 and 50 landings).
Subject to the airpark’s strict adherence to the above and/or other corrective measures regarding filming and other operations at the airpark, we would like to utilize the as-yet non-permitted aircraft "tie-down" area adjacent to the landing strip as a "Restricted Use Area," to be utilized only for limited filming purposes and during County-authorized Special Events hosted at the airpark (see discussion of Special Events below). This area would not be utilized by the airpark for the parking/tying-down of any aircraft at any time. The only time that this Restricted Use Area would be utilized by the airpark is during limited filming activity and Special Events, and then only subject to the County’s prior approval pursuant to a Revised Exhibit "A" plan authorizing the restricted use of this area expressly for these limited purposes.
To further help defray the substantial loss of income that will immediately result from the change in airport classification, while also providing a valuable community benefit, the airpark owner would like to be able to offer memberships for sale, only to residents of the Acton and Agua Dulce community communities, for use of his outdoor pool facilities. This new use could be added to and conditioned as part of a modified Special Permit 1404-(5), and thus would be subject to the County’s approval and ongoing regulation and oversight.
In exchange for this program, the airpark owner is willing to eliminate the 20-room airtel from the conditions of approval for Special Permit 1404-(5). To Index
A third area of historical contention between the airpark and concerned community members involves special events held at the airpark. In order to resolve this issue, we propose that the following new condition be added to a modified Special Permit No. 1404-(5):
o 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 (64) such events per year and no such individual special event shall occur for a period exceeding one (1) day. As part of any Temporary Use Permit (TUP) 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 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 any such TUP application 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 permitted to conduct an annual "4th of July" special event and a "Country in Agua Dulce" musical special event at the airpark during any given year. The permitted attendance authorized for four (4) of any six (6) such special events in a given 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. To Index
We propose that the following be incorporated by the County as new conditions of a modified Special Permit No. 1404-(5):
Immediately upon this action becoming effective, the permittee shall, with the utmost diligence [NOTE: NEED TO DEFINE TIME IT TAKES TO CONVERT TO PRIVATE AIRPORT], initiate with applicable Federal, State and/or local agencies a change in the subject airport’s classification to a "Restricted, Special-Use, Private" airport. Once the subject airport’s classification is changed by the permittee to a Restricted, Special-Use, Private airport, the airport shall remain in said classification unless and until a new Conditional Use Permit is issued by the County of Los Angeles allowing a change from said airport classification.
Except as otherwise provided below, 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 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 Restricted, Special-Use, Private 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.
In addition, the permittee and each lessee shall be authorized a maximum of twelve (12) guest pilot flight operations per year (for purposes of this condition, "guest pilot flight operation" means a combination of one takeoff and one landing at the airport by a pilot who is a guest of the permittee and/or a lessee who flies into the airport via an aircraft that 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 serve basis. may be allowed to fly into and out of the airport, and then only provided that such persons have express prior permission from the permittee. Permittee shall maintain a detailed guest pilot log of the arrival and departure times and dates of all guest pilots of the permittee and/or lessees. Said guest pilot log shall also identify the name of the lessee associated with each guest pilot or whether such guest pilot is associated with the permittee. The permittee shall, on a quarterly basis, transmit a copy of said guest pilot log to the Department and the Airport Steering Committee, and shall present said log to Departmental Zoning Enforcement staff for inspection, upon request. AOAA
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. The "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 Agua Dulce Elementary School. Low passes at or below traffic pattern altitude shall be expressly prohibited at the airport at all times. For noise abatement purposes, permittee shall instruct pilots that, to the extent feasible while maintaining the utmost flight safety, pilots shall make best efforts to offset to the left (north) upon taking-off from Runway 4 in order to avoid flying over homes located to the northeast of Runway 4. The foregoing provisions shall be incorporated into the "Airpark Operation and Safety Regulations."
[NOTE: WE ARE LOOKING INTO SAFETY RAMIFICATIONS OF INCREASING MINIMUM PATTERN ALTITUDE TO 3800’ MSL ]"Airpark Operation and Safety Regulations" required pursuant to this action.
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 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. 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.
PER FRIED) Town Council and Civic Association each appoint 2, 1 from CCAD, Airport management represents 2 people) .Meetings monthly
During the first two (2) years from the effective date of this grant, The 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. 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) shall be invited to attend said meetings. Minutes of said community meetings shall be taken by the airpark management, and 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 Council to all attendees.
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.
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.
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. [NOTE: NEED TO CONTACT COUNTY REP AT VASQUEZ ROCKS ("SANDY") TO SEE WHAT FILMING NOTIFICATION MEASURES SHE TAKES.] 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.
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.
Outdoor night filming (that is, filming conducted outdoors on the subject property after 910:00 p.m.) shall be limited to any combination of days totaling twenty-four (24) days per calendar year. The permittee shall keep a log of all such outdoor nighttime filming, which shall be made available for inspection by zoning enforcement staff of the Department of Regional Planning upon request. Any additional outdoor night filming over this 24-day allowance shall require prior written approval of the Agua Dulce Town Council, which shall be submitted to the staff of the Department of Regional Planning.
All lighting facilities utilized by filming crews during outdoor night filming shall be shielded from neighboring residences.
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.
All outdoor lighting facilities on the subject property shall be reasonably shielded and/or directed away from neighboring residences.
"Plane-to-plane" filming flight operations (that is, the filming of one or more airborne aircraft by another) originating from the airport are strictly prohibited from occurring within the boundaries of the Agua Dulce Community Standards District. The permittee shall advise any film production company intending to conduct such flight operations regarding this restriction and shall provide said production company with a map clearly showing the boundaries of the Agua Dulce Community Standards District. This condition shall be incorporated into the Airport Operations and Safety Regulations required pursuant to this grant.
Formation flying shall be prohibited within the boundaries of the Agua Dulce Community Standards District for flight operations originating from the subject airport. This condition shall be incorporated into the Airport Operations and Safety Regulations required pursuant to this grant.
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 Permit (TUP) 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 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.
"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 flight operation originating from the airport. The forgoing restrictions shall be incorporated into the Airpark Operations and Safety Regulations required pursuant to this grant. or landing atarkort
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 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 future hangar lease agreement that 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.
The permittee is prohibited from renting, on a short- or long-term basis, 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 ten (10) exterior aircraft parking spaces for pilots’ free short-term use (inclusive of six (6) "guest pilot" parking spaces).
Eliminate existing condition no. 5(b) of Special Permit No. 1404-(5) thereby eliminating the airpark owner’s entitlement to develop an airtel on the property.
[NOTE TO REVIEWERS: This is offered in exchange for the community’s support of a private recreation club as outlined in draft condition DD below.]
Eliminate existing condition no. 5(f) of Special Permit No. 1404-(5) and replace with the following new condition:
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 airport. 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. The commercial usage restriction of this condition shall not apply to the one (1) multi-purpose hangar authorized under this grant.
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., airplane fuel), as may be enforced by the County Department of Public Works.
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 Airport
No Person shall commit any disorderly obscene or unlawful act or commit any nuisance on the airpark property.
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 insured. The Airport Manager shall deny Flight Privileges to any person who fails to comply with these requirements.
No aircraft may land or takeoff at the airport unless it is equipped with brakes and a functioning 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.
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.
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.
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.
Eliminate existing condition no. 12 of Special Permit No. 1404-(5) and add the following new condition:
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. No jet aircraft of any kind are 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 out of the subject property.
Fixed-wing aircraft mix at the airport shall be as follows: 80% of the airport’s fixed-wing based aircraft shall not exceed 7,000 lbs. when fully loaded ("fully-loaded weight"); and 20% of the airport’s fixed-wing based aircraft shall not exceed a fully-loaded weight of 12,500 lbs or exceed a wingspan of 49 feet. Notwithstanding the foregoing provisions, the permittee shall be authorized to base at the airport one (1) twin-engine, turbine-propellered aircraft with a wingspan not to exceed 55 feet and a fully-loaded weight not to exceed 12,500 lbs. (i.e., King Air B200-class or smaller aircraft); and permittee shall be permitted to base one (1) single-engine, turbine-propellered aircraft with a fully-loaded weight not to exceed 10,000 lbs and a wingspan not to exceed 55 feet (i.e., Pilatus PC12-class or smaller aircraft).
[NOTE TO REVIEWERS: PRIOR TO FINALIZING THIS CONDITION, AND UNDERSTANDING HOW IMPORTANT THIS ISSUE IS TO BOTH SIDES, WE REQUEST A JOINT FIELD TRIP TO THE RUNWAY-PROXIMATE HILLSIDE PROPERTIES WITH COMMUNITY NEGOTIATING REPRESENTATIVES, PAUL NOVAK & MARK AND MYSELF IN ORDER TO COLLECTIVELY OBSERVE FIRST-HAND TAKEOFFS, LANDINGS & APPROACH/DEPARTURE PATTERN WORK OF BOTH A KINGAIR 200B AND A PILATUS PC12.]
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.
Eliminate existing condition no. 6 of Special Permit No. 1404-(5) and add the following new condition:
Upon the subject airport’s change in classification to a Restricted, Special-Use, Private airport this 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 Restricted, Special-Use, Private 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 Restricted, Special-Use, Private 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 Restricted, Special-Use, Private 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; and (c) a venue for community meetings/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 Restricted, Special-Use, Private 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 164,000 sq. ft.
At no time shall the permittee allow more than sixty-five (65) aircraft to be based at the airport. 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 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 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.
The permittee shall submit to the Department of Regional Planning for approval three (3) copies of a Revised Exhibit "A" plan, clearly depicting the following:
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 hangars (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, 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 164,000 sq. ft.
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..
The permittee is authorized to sell memberships for use of the subject property’s outdoor pool facilities to residents of the Agua Dulce and Acton communities. Prior to joining the private recreational club, each member shall provide proof of residency (i.e., identification) within the community of either of Agua Dulce or Acton, and permittee shall keep a record of such residency on file on the premises. Pool hours shall be limited to the hours of 7:00 a.m. and 9:00 p.m. daily. Permittee shall strictly adhere to all applicable requirements of the County Health Department, or any other applicable public agency, affecting the operation and use of the subject property’s outdoor pool facilities in the manner herein authorized.
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.
[Note: We would like to further discuss alcohol CUP for café and private recreational club...]
Periodic Review: The conditions of this Permit shall be subject to periodic review by the Regional Planning Commission of the County of Los Angeles once every five (5) years. A duly-noticed public hearing shall be conducted to determine the permittee’s ongoing effectiveness of compliance with the conditions herein. The Regional Planning Commission may 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; provided, however, that any modification of the conditions contained herein shall not unreasonably interfere with or prevent the use of the hangars held for lease to, or owned by, third parties and their related aircraft, or otherwise preclude the permittee’s ability to continue the operation and maintenance of a Restricted, Special-Use, Private airport on the subject property. All restriction to lower inpace are not alowed foeaver
[NOTE: CONTINUED DISCUSSION NEEDED ON THIS ISSUE. WE ARE TO RESEARCH HOW PERMIT EXPIRATION ISSUE WAS DEALT WITH IN AGUA DULCE WINERY CUP CASE.]
ISSUES DESERVING FURTHER RESEARCH AND/OR DISCUSSION:
OWNERSHIP/LEASE PROGRAM FOR PROPOSED NEW HANGARS;
PERMIT EXPIRATION VS. PERIODIC REVIEW APPROACH—IS THERE COMPROMISE?;
TYPE OF AIRCRAFT PERMITTED AT AIRPORT (PARTICULARLY, WHETHER A VERY SMALL NUMBER (2) OF "LARGER" (I.E., ONE PLANE IS APPROXIMATELY 12,500 LBS AND THE OTHER IS NO MORE THAN 10,000 LBS) TUBINE-PROPELLERED AIRCRAFT WILL BE ALLOWED TO BE BASED AT THE AIRPORT SUBJECT TO CERTAIN CONDITIONS RE: HOURS OF OPERATION AND PATTERN.
WHETHER THE AIRPORT OWNER WILL BE PERMITTED TO BASE ONE (1) HELICOPTER AT AIRPORT FOR PERSONAL USE AFTER COMMUNITY REPRESENTATIVES’ PROPOSED 15-YEAR "SUNSET" DATE FOR HELICOPTERS AT AIRPORT; and,
Sanctions/Penalties for permittee/lessee non-compliance/violation of conditions.
(Note: The above list is not exhaustive, but sets forth what we perceive as the major points deserving further discussion between the airport and community representatives.) To Index
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 Southern California. The low-density residential community (each lot would be at least two net acres in size, consistent with underlying zoning and CSD criteria) would be developed on property owned by the airpark owner immediately to the north of the existing airpark facilities. This would be the first true "fly-in" community in Southern California, bringing a calming, affluent, long-term residency to the airpark property.
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.50 more hangers and planes
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 To Index
Airpark permit/revocation Issues Index
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