12-1-05 proposed conditions for Agua Dulce Airport permit.
12-1-05 SPECIAL PERMIT NO. 1404-(5) PAGE 1 OF 11 DRAFT MODIFIED CONDITIONS
1. The use of the subject property for a private commercial airport with appurtenant uses and buildings as depicted on the approved Revised Exhibit "A" is subject to all of the following conditions.
2. Unless otherwise apparent from the context, the term "permittee" shall include the operator and any other person, corporation, or other entity making use of this grant.
3. The permittee, and the owner of the subject property if other than the permittee, shall 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. 7, and until all required monies have been paid pursuant to Condition No. 9.
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 Los Angeles County Code.
6. This modification to Special Permit No. 1404 shall become effective 15 days after the permittee's receipt of notice of the Regional Planning Commission's approval of this modification unless an appeal is filed with the Board of Supervisors within this time period.
7. Prior to the use of this grant, the terms and conditions of the grant shall be recorded in the office of the County Recorder. In addition, upon any transfer or lease of the property during the term of this grant, the permittee shall promptly provide a copy of the grant and its conditions to the transferee or lessee, as applicable, of the subject property.
8. This grant shall terminate on December XX, 2025. Upon written request made by the permittee not less than six (6) months prior to the termination date, the Director of Planning shall extend the term of this permit for ten (10) years to December,. XX 2035, if the use is found to be in substantial compliance with the conditions of approval and has been conducted in compliance with applicable laws and regulations; and the permittee has exercised utmost diligence to resolve any Notice of Violation throughout the term of the permit.
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.
9. 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 County of Los Angeles the sum of $6,000.00. These monies shall be placed in a performance fund which shall be used exclusively to compensate the Department of Regional Planning for all expenses incurred while inspecting the premises to determine the permittee's compliance with the conditions of approval, including adherence to development in accordance with the site plan on file. The fund provides for 40 biannual inspections. The applicant shall deposit additional funds to provide 20 biannual, inspections, if this grant is extended pursuant to Condition No. 8. 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).
10. 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 in accordance with Section 22.56.1780 of the County Code, 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. The permittee shall pay or reimburse the County of all necessary costs associated with such hearing.
11. It is hereby declared to be the intent that If any material provision of this grant is held or declared to be invalid, the permit shall be void and the privileges granted hereunder shall lapse.
12. It is hereby declared and made a condition of this permit that if any condition hereof is violated in any material way or if any other law, statute or ordinance is violated in any material way, the permit shall be suspended and the privileges granted hereunder shall lapse; provided that the permittee has been given written notice to cease such violation and has failed for a period of 30 days to do so.
13. Upon approval of this grant, the permittee shall contact the Fire Prevention Bureau of the Los Angeles County Forester and Fire Warden to determine what additional facilities may be necessary to protect the property from fire hazard. Any necessary facilities shall be provided to the satisfaction of and within the time periods established by said bureau.
14. 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.
15. 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.
16. All project grading activities and drainage shall comply with the requirements of the Department of Public Works.
17. Prior to the commencement of any construction activity, if necessary, the permittee shall submit a grading plan and drainage concept to Department of Public Works for their review and approval.
18. 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.
19. 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.
20. Within sixty (60) days of the effective date of this modification, the permittee shall submit to the Director for review and approval three (3) copies of a detailed revised site plan (Revised Exhibit "A"), that depict all project modifications required by these conditions of approval, including the following: 1) Provide a legal description of the Airport boundaries prepared by a licensed surveyor or civil engineer, 2) Delineate the legal boundaries and all existing improvements, and 3) The use and dimensions (where applicable) of all structures and improvements to be maintained and/or constructed on the subject property pursuant to this grant. The subject property shall be developed and maintained in substantial compliance with the approved Revised 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.
21. Within sixty (60) days of the effective date of the grant 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 (3) 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.
22. Within sixty (60) days of the approval date of this grant, the permittee shall submit to the Director for review and approval three (3) copies of a lighting plan, which may be incorporated into the Revised Exhibit "A" described above. The lighting plan shall show the locations, types, and heights of all proposed pole and wall mounted lighting. All new exterior lighting shall consist of high energy efficient lighting and shall be hooded and directed away from neighboring residences to prevent direct illumination and glare. All exterior lighting shall be turned off within thirty (30) minutes after conclusion of activities, with the exception of low-level sensor-activated security lighting along all pedestrian walkways leading to and from the parking lot and the property perimeter
23. Within sixty (60) 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.
24. Within sixty (60) days of the effective date of this grant, the permittee shall also submit to the Director of Planning three (3) copies of: 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.
25. Project construction activity, including engine warm-up, shall be limited to those hours between 7:00 a.m. and 6:00 p.m. Monday through Friday and 8:00 a.m. and 5:00 p.m. Saturday. No construction activities shall occur at the subject property on Sunday or county recognized legal holidays. All stationary construction noise sources shall be sheltered or enclosed to minimize adverse effects on nearby offices and residences. Generators and pneumatic compressors shall be noise protected in a manner that will minimize noise effects to adjacent residences. Parking of construction worker vehicles shall be on-site and restricted to areas buffered from residences located to the south and east of the subject property.
26. The permittee shall comply with all applicable regulations of the Aviation Division of Los Angeles County, the California Department of Transportation Division of Aeronautics and the Federal Aviation Administration.
27. The permittee shall install and maintain all obstruction markers, wind cones, traffic directional indicators and other appurtenant structures and safety equipment required by the Federal Aviation Administration and the California Department of Transportation Division of Aeronautics and submit plans demonstrating such compliance to the Los Angeles County Department of Public Works Division of Aviation.
28. The permittee shall remove the paving located between the runway and the southerly property boundary. If required by the Department of Public Works, the permittee shall submit a drainage concept or plan to be reviewed and approved by the said department for the issuance of necessary permit for this area, and implement appropriate remedial measures necessary to restore the drainal pattern to the satisfaction of said Department.
29. In addition to strict compliance with the South Coast Air Quality Management District's Rule 403 - Fugitive Dust, 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.
30. Within 30 days of the effective date of this grant, the permittee shall make a written request to the Agua Dulce Town Council, requesting said Council, if it deems it appropriate, to agendize the airport as a discussion item for purposes of providing a community forum for discussion of airport issues. The permittee shall make such written request to the Town Council quarterly during the first two years following the effective date of this grant; thereafter, for the remaining term of this grant, permittee shall make such written request to the Town Council on a biannual basis (i.e., two times per year). Copies of all written request shall be provided to the Department of Regional Planning for inclusion in the case file. In the event the Town Council agendizes the matter, the permittee (or his/her designee) and a representative from the Department of Regional Planning shall be present at each such meeting.
31. The permittee shall maintain electronic mail (email), facsimile and telephone services for the purpose of receiving complaints from persons in the Agua Dulce area regarding the operation of the airport. The permittee, or his/her qualified designee, shall respond with diligence in writing to any person(s) having submitted a complaint in writing (i.e., via email, facsimile or letter) regarding the operation of the airport. The permittee shall maintain a log of telephone complaints received at the airport, providing the name of the person lodging the complaint (if provided by caller), a brief description of the nature of the complaint and, if applicable, corrective measures taken by the permittee to rectify the complaint. The permittee shall submit said telephone complaint log, and any written complaints received and permittee's written responses thereto, on a quarterly basis to the Department of Regional Planning for inclusion in the case file.
32. The permittee is authorized to conduct no more than six (6) special events per year on the subject property. The activities of each special event are subject to the approval of the Director in accordance with Part 14 of Chapter 22.56 of the Zoning Code. Activities directly related to or associated with the airport's aviation operation and use shall not be deemed uses requiring a Temporary Use Permit. The Temporary Use Permit issued for each special event shall be subject to the following restrictions:
a. 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,
b. 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;
c. The permittee is expressly prohibited from conducting any tractor pulls, hot air balloon meets, motorcycle events, demolition derby events or other events featuring motorized vehicles (excluding the static display of automobiles) on the subject property; and
d. The permittee shall submit evidence in writing that notice has been sent to the Agua Dulce Town Council regarding such special event.
33. No filming activities for which issuance of a Film Permit is required from the Entertainment Industry Film Corporation (EIDC) shall occur on the subject property without prior issuance of such valid Film Permit.
34. Filming conducted indoors or outdoors on the grounds of the subject property after 10:00 p.m. and before 6:00 a.m. is strictly prohibited.
35. All lighting facilities utilized by filming crews during outdoor night filming shall be shielded from neighboring residences.
36. Filming on the subject property shall not occur for more than 30 days or 30 permits issued per calendar year, which ever is less. For the purposes of this grant, "filming" means the actual days during which filming occurs on the property as identified in a valid EIDC-issued film permit, and does not include days spent by film crews during film production assembly ("prep days") and disassembly ("strike days"). The permittee shall keep a film log indicating all days on which filming occurs on the subject property and noting the number of film permits issued in relation to the subject property. Said film log shall be made available upon request for inspection by the staff of the Department of Regional Planning.
37. The permittee shall provide a minimum 24-hour advanced electronic (email) notice regarding all filming conducted at the subject property to all adjoining residents of the airport and all local residents who request such notification in writing. The filming notice shall posted on a website to be maintained by the permittee not less than 24hour prior to the scheduled filming. The permittee shall provide a copy of the notification list to the management of the EIDC, the 5th Supervisorial District office, the Department of Regional Planning (for inclusion in the case file) and the Agua Dulce Town Council.
38. This grant authorizes the construction and development of the following development on the subject property as depicted in accordance with the approved Revised Exhibit "A" as prescribed in Condition No. 20:
a. One aircraft runway;
b. Aircraft taxi ways;
c. Fifty-five (55) personal aircraft storage hangars (the total floor area of which not to exceed 110,000 square feet of hangar space and each hangar not to exceed 3,000 square feet);
d. Four (4) service/community aircraft storage hangars, each not to exceed 9,000 square feet, for a combined total of 36,000 square feet of hangar space;
e. Two (2) maintenance hangars, each not to exceed 18,000 square feet, for a combined total of 36,000 square feet of hangar space;
f. Twenty-five (25) private (for rent or lease) aircraft tie-down spaces located on the northerly side of the runway;
g. One acre parking area located on the northerly side of the runway to be utilized solely for the temporary parking of aircraft not to exceed seven (7) days. The permittee shall maintain log of all aircraft utilizing said area and be available upon request by the County;
h. Aircraft fueling facilities and accessory 600 square feet fueling office/fuel maintenance shop building;
i. A 3,150-square foot airport manager's office/pilots' lounge structure;
j. 20-room airtel with appurtenant restaurant (4,800 square feet) and pool ;
k. A 1,500-square foot airport manager's residence;
1. One (1) 2,400 square foot utility building; and
m. Helicopter helipad/landing zone;
39. The operation and maintenance of the airport shall be further subject to ail of the following restrictions:
a. The permittee shall maintain any and all logs of all flight operations conducted at the airport as required by federal and/or state law. The permittee shall, on a monthly basis for the first year after the effective date of this modification and thereafter, on a quarterly basis, transmit a copy of any such airport flight operations logs to the Department of Regional Planning. The permittee shall also present said log to the Departmental Zoning Enforcement staff upon request;
b. The locations and height of all new hangars shall be approved by the Aviation Division of Los Angeles County, the California Department of Transportation Division of Aeronautics and the Federal Aviation Administration prior to construction;
c. A minimum of 62 on-site parking spaces shall be provided and continuously maintained. Spaces reserved for persons with disabilities, shall be provided consistent with County Code;
d. All designated parking areas shall be paved in accordance with Section 22.56.1060 of the County Code;
e. The runway shall be paved and maintained in accordance to the guidelines of the Federal Aviation Administration and the California Department of Transportation Division of Aeronautics;
f. Vehicular access within the subject property shall be provided to the satisfaction of the Los Angeles County Fire Department;
g. The permittee shall post signs indicating the maximum vehicle speed limit of 5 miles per hour throughout the parking area and driveways;
h, 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 use not authorized by this grant;
i. 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;
j. 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 hangars and the property perimeter;
k. Except for special events with authorization of 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 conditional use permit is approved pursuant to Part 1 of Chapter 22.56.195 of the County Code;
I. Operating hours for the restaurant are restricted to the hours between 8:00 a.m. to 6:00 p.m. Monday through Sunday;
m. Operating hours for the aircraft maintenance facility are restricted to the hours between 9:00 a.m. to 5:00 p.m., Monday through Saturday; said aircraft service facility shall be closed on Sundays;
n. All spraying, painting and coating operations at the aircraft maintenance facility shall be subject to the rules and regulation of the South Coast Air Quality Management District (AQMD). All necessary permits shall be retained on the premise at all times and be immediately produced upon the request of the Department of Regional Planning;
o. The maintenance facility at the airport shall not provide major engine overhaul or testing of engines removed from aircraft;
p This grant only provides for the maintenance of flyable, certified, operational aircraft and does not allow the dismantling, salvaging or outside storage of wrecked aircraft. Major repairs of aircraft located on the subject property are only authorized to occur within hangar structures; 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 required for the lessee's or permittee's 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 personal aircraft storage, whether for-profit or without charge;
q. Floors of hangars, terminal apron and ramp areas, and areas used in aircraft operation shall be clean and clear of oil, grease and other materials or stains and otherwise in a clean and orderly manner. Permittee shall comply with all applicable National Pollutant Discharge Elimination System (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.
r. Painting of aircraft or other personal property by lessees within the confines of an enclosed hangar shall be subject to the rules and regulations of the South Coast Air Quality Management District (SCAQMD). Spray coating operations using pumps and compressors are strictly prohibited within the storage hangars;
s. Outside storage of construction and building materials and 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; and
t. The permittee shall maintain a current contact name, address, and phone number with the Department of Regional Planning at all times.
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