Mike Antonovich stated in his motion calling for this hearing:
Investigations by county enforcement staff have identified a series of violations of permit conditions. As a result, the county has issued several notices of violation to the operator of the airpark.
The Airport says in a letter to the commission dated 1-12-05:
Our client acknowledges that he has made mistakes in the past in violating certain conditions of SP 1404, certain Temporary Use Permit conditions issued for charitable events conducted at the airpark property and County Building Code provisions.
Regional Planning
Has issued 8 letters of violation in 2003, with a number of them being turned over to the District Attorney for possible criminal prosecution. All were not corrected within the 30-day period described in condition 16 of 1404.
Permit # 1404 states in:
Condition 15. It is hereby declared to be the intent that if any provision of this permit is held or declared to be Invalid the Permit shall be void and the Privileges granted hereunder shall Lapse;
Condition 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.
Conclusion:
The Law requires you to revoke permit #1404 under Condition 16. There is no dispute that the Airport is clearly in violation of Condition 16. And if anyone claims Condition 16 is unenforceable, then Condition 15 requires the permit to lapse.
Let the airport file a new CUP with all the CEQA studies required for his final project.
Temporarily let the Airport operate as a restricted private airport limited to the Propeller based aircraft currently based there for a period of 1 year after your decision to lapse Permit # 1404 or the acceptance of the new CUP whichever comes first. Have all rotary winged aircraft (helicopters) removed within 30 days of the lapsing of permit # 1404.
There are many people in the community that are so upset by this airport’s quasi-criminal activities that if you don’t see the clear requirement to lapse permit # 1404, they will bring a writ of mandate to have a judge order the plain language of the permit to be enforced.
I am submitting this testimony in writing along with all the text in the 1-15-05 issue of the Vanguard News.r
Charles Brink 800-773-5228 acton@wgn.net
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