SPECIAL PERMIT NO. 1404-0) MODIFIED CONDITIONS
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This grant allows the use of the subject property for a private, public use commercial airport with appurtenant uses and buildings as depicted on the approved Exhibit "A", pursuant to Condition 20, and is subject to all of the following conditions. This grant shall supersede all previous grants and conditions for the subject property.
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 file at the office of the Department of Regional Planning their affidavit stating that they are aware of, and agree to comply with, 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 2.1 70.010 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 or in the event of a call for review by the Board of Supervisors within this time period.
7. Within 30 days of the effective date of this grant, the terms and conditions of the grant shall be recorded in the office of the County Recorder by the permittee. 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 March 8, 2026. 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 March 8, 2036, 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, 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. Within 30 days of the effective date 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 semiannual inspections_ The applicant shall deposit additional funds
to provide 20 semiannual 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 perm ittee 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 payment is due (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 for 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 by a court of competent jurisdiction, 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 in accordance with County procedures; provided that the permittee has been given written notice to cease such violation and has failed fora period of 30 days to do
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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 byth is 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 permitted by this grant, if required, 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 applicable requirements of the Divisions of Aviation and Building and Safety of the Department of Public Works and the recommendations of the Division of Aeronautics of the California Department of Transportation, and the Federal Aviation Administration.
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 (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 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, the permittee shall submit to the Director for review and approval three (3) copies of a landscape plan, which may be incorporated into the 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 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.
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 perm ittee 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 as may be 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 and shall inform the Department of Public Works and Department of Regional Planning when such activity will commence. If required by the Department of Public Works, the permittee shall submit a drainage concept or plan to be reviewed and approved by said department for the issuance of necessary permits for this area, and implement appropriate remedial measures necessary to restore the drainage 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 completed 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 requests 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 Enforcement Section shall be present at each such meeting. The permittee shall provide funding for the County staff to attend said meetings. An initial deposit of $1,000, from which actual costs shall be billed and deducted for the purpose of cost recovery. 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 to attend said meetings.
31. The permittee shall maintain electronic mail (email), facsimile and telephone services
for the purpose of receiving complaints from persons in the Dulce ulce area regarding the operation of the airport. The contact information shall be posted on a website to be maintained by the permittee. The permittee, or his/her qualified designee, shall respond with diligence in writing to any person(s) having submitted a complaint in writing (Le., 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 Enforcement Section 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 su bject to the approval of the Director in accordance with Part 14 of Chapter 22.56 of the Zoning Code. The Temporary Use Permit issued for each special event shall be subject to the following restrictions:
a. The permittee shall file all Temporary Use Permit 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 FilmL.A.
Inc., or County designated responsible entity, shall occur on the subject property
without prior issuance of such valid Film Permit. The Permittee shall provide a copy of
this grant to FilmL.A. and ensure that they are aware of its conditions
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 FilmL.A., Inc.-issued film permit, per Condition # 33, 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 be posted on a website to be maintained by the permittee not less than 24-hours prior to the scheduled filming. The permittee shall provide a copy of the notification list to the management of Fil m L.A., Inc., 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 Exhibit "A" as prescribed in Condition No. 20:
a. One aircraft runway (approximately 4,600 feet in length);
b. 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);
c. Five (5) service/community aircraft storage hangars, four (4) of which shall not exceed 9,000 square feet each and one (1) shall not exceed 18,000 square feet, for a combined total of 54,000 square feet of hangar space;
d. One (1) public maintenance hangar not to exceed 18,000 square feet;
e. A 116,000 square feet exterior tie down area located on the northerly side of the runway to be utilized solely for the parking of aircraft;
f. Aircraft fueling facilities and an accessory 600 square feet fueling office/fuel maintenance shop building;
g. A 3,150-square foot airport manager's office/pilots' lounge structure;
h. 20-room airtel with an appurtenant restaurant (4,800 square feet) and a swimming pool ;
I. A 1,500-square foot airport manager's residence;
j. One (1) 2,400 square foot utility building; and
k. A helicopter helipad/landing zone.
39. The operation and maintenance of the airport shall be further subject to all of the
following restrictions:
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 of Regional Planning Zoning Enforcement staff upon request;
b. The permittee shall not construct any new hangars determined by California Department of Transportation Division of Aeronautics or the Federal Aviation Administration to constitute a hazard to air navigation, pursuant to 14 CFR Part 77, as it may be amended;
c. 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;
d. 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;
a.
e. All designated parking areas shall be paved in accordance with Section 22.56.1060 of the County Code;
The required parking spaces shall be continuously available for vehicular parking only and shall not be used for storage, automobile or truck repair, or anyother use not authorized by this grant;
g. Vehicular access within the subject property shall be provided to the satisfaction of the Los Angeles County Fire Department;
h. The permittee shall post signs indicating the maximum vehicle speed limit of 5 miles per hour throughout the parking area and driveways;
1. 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;
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 ;
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;
Operating hours for the restaurant are restricted to the hours between 7:00 a. m. to 10:00 p.m. Monday through Sunday;
m. Operating hours for the aircraft maintenance facility are restricted to the hours between 9:00 a.m. and 7;00 p.m., Monday through Saturday; said aircraft service facility shall be closed on Sundays. The maintenance facility at the airport shall not provide major engine overhaul or testing of engines removed from aircraft;
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. 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. 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 perrnittee'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 u pon compliance with applicable law. At no time shall any lessee hangar be utilized for any commercial, industrial, manufacturing, residential or other use nottypically associated with the maintenance and use of personal aircraft storage, whether for-profit or without charge. Spray coating operations using pumps and compressors are strictly prohibited within the storage hangars;
Floors of hangars, terminal apron and ramp areas, and areas used in aircraft operation shall be clean and clear of oil, grease and other rn aterials 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.
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;
r. Operating a flight school at the airport is strictly prohibited with the exception of programs and classes related to the Civil Air Patrol; and
s. The permittee shall maintain a current contact name, address, and phone number with the Department of Regional Planning at all times,
40. As volunteered and agreed to by the permittee, the maintenance and operation of the airport shall be subject to the following limitations:
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a. The airport shall be used by propeller-driven aircraft and rotorcraft and shall not be used by jet aircraft;
b. The airport shall be used by pleasure and executive-type aircraft not exceeding light twin engine in weight (for purpose of this condition, "light-twin engine in weight" means aircraft with a maximum certified gross take-off weight of 12,500 pounds or less) and by heavier aircraft types not exceeding a maximum certified take-off weight of 30,000 pounds. Aircraft with a certified gross take-off weight between 12,500 pounds and 30,000 pounds shall not comprise more than fifteen percent (15%) of the annual takeoffs and landings at the airport. Aircraft with a maximum certified gross take-off weight of 30,000 pounds or greater shall not use the airport at any time;
c. The airport shall not be used by aircraft intending to conduct or have conducted acrobatics, parachute jumping or any form of careless or reckless flying at the airport, as those terms are defined in 14 CFR §§ 91.303, 91.307 and 91 .13, as each may be amended;
d. The airport shall be available for use in emergencies not withstanding any other operating limitation_ In addition to operational emergencies, emergencies include, but are not limited to, MEDIVAC, flight-for-life and similar medical operations; and
e. The airport shall be available for use of aircraft owned or operated by a local, state or federal government agency, notwithstanding any other operating limitation.
41. As volunteered and agreed to by the permittee, the permittee shall implement and enforce the limitations enumerated in Condition No_ 40 herein the following manner:
a. The permittee shall publish these limitations in a form readily accessible to pilots and other individuals entering onto the subject property;
b. The permittee, upon actual knowledge thereof, will admonish any person using the subject property in violation of these limitations to promptly comply with the limitations, including, for example, by requesting promptly departing the airport and not returning, if doing so would be a violation of these limitations;
c. The permittee shall not knowingly provide aeronautical services to any aircraft owner or operator using the subject property in a manner inconsistent with these limitations. Services include aircraft fuel, service, repair, or a ny other aeronautical services offered directly by at the airport and further include temporary storage of aircraft at a tie-down, hangar or other location on the subject property;
d. The permittee shall not enter into a lease or other agreement to provide long-term aircraft storage on the subject property that is inconsistent with these limitations; and
e. The permittee shall include, and will use all reasonable efforts to enforce, comparable requirements and prohibitions in any lease or other agreement with an aeronautical or charter service provider, provided however, that any violation of such lease or other agreement shall not constitute a violation of this permit.
42. As volunteered and agreed to by the perm ittee, in addition to the remedies available to the County pursuant to Condition No. 10 herein, the permittee commits to the County to implement and enforce the limitations enumerated in Condition No. 40 herein as provided in Condition No. 41 of this grant. The permittee shall pay the Department of Regional Planning $2,500 if the Director of Planning, upon investigation, reasonably determines based on substantial evidence that the Permittee has failed to take any one of the actions identified in Condition No. 41 of this grant and such failure directly results in a use of the subject property in violation of a limitation identified in Condition No. 40 of this grant.
43. As volunteered and agreed to by the permittee, in no event shall the operation of an aircraft to, from or at the airport in a manner inconsistent with the limitations in Condition No. 40 herein, standing alone, trigger the penalties prescribed in Condition No. 42 of this grant. The penalties prescribed in Condition No. 42 herein shall be imposed only for the permittee's failure to take an action identified in Condition No. 41 herein, resulting directly in a use of the subject property in violation of a limitation identified in Condition No. 40 of this grant.
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