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Approved 6/8/2015 OC Board of Adjustment – 12/08/2014 Page 11 of 49 general public, to use either the 34 acre parcel of property or to allow [as] recreation on the Bingham Woods Mobile 1 Home Park site, both of those activities were regulated by the UDO requiring permit. And you will note on page 54, 2 he was advised to apply for a Class A Special Use Permit to modify the mobile home park to allow the new recreation 3 [land use] or he was advised to apply for the Class B Special Use Permit indicating that he was operating the 4 recreation facility non-profit because that is the only land use category that we found in Section 5.2.2 table permitted 5 uses of the UDO that would accommodate that activity. Mr. Klein was given until May 29 to do one of three things. If 6 it was his intent and I’m quoting, “to allow for the activity at the Bingham Woo ds Mobile Home Park, submit a 7 complete copy of the enclosed conditional zoning application with all required accompanying documentation in order 8 to request it” or if it was his intent to allow the activity on the undeveloped property, again, this is the 34 acre property, 9 “submit a completed copy of the enclosed Class B Special Use Permit application with all the required accompanying 10 documentation” or to provide documentation that only you or your immediate family members will be engaging in the 11 activity. And that is what Mr. Klein was advised to do in this notice. 12 13 Larry Wright: When you issued that NOV, that really wasn’t a final and binding or was that a final and binding? 14 15 Michael Harvey: We made the determination that if the activities were being car ried on by non-family members, then 16 he had to get a permit. That was our determination and that determination was subject to appeal and Mr. Klein, as I 17 articulated in our abstract and response, appealed that determination. 18 19 Jeff Schmitt: Mr. Harvey, you referenced that you had some audio recordings that were presented to you by the 20 residents in the mobile home park. 21 22 Michael Harvey: Adjacent property owners most of which are subject to the appeal. 23 24 Jeff Schmitt: Did you deem that to be credible evidence? 25 26 Michael Harvey: I deemed it to be credible evidence that shooting activities were being conducted. I deemed it to be 27 credible evidence that there was a lot of shooting activity and as a result, not only based on the commen ts made by 28 the adjacent property owners but on that tape, I issued the NOV indicating that if Mr. Klein was engaging in this 29 activity allowing third party non-family members or either residents of the Bingham Woods Mobile Home Park that 30 both of those activities required permitting before he could continue. 31 32 Jeff Schmitt: In the presentation, do you have this evidence, the recording, was there any basis for you to make a 33 determination as to the level of the noise that was being generated by this (i.e., 100 decibels, 120 decibels). 34 35 Michael Harvey: No sir. 36 37 Jeff Schmitt: None. 38 39 Michael Harvey: And I should point out that is moot. Orange County Unified Development Ordinance does not have 40 noise regulations. That is a separate ordinance enforced by the Sheriff’s Department. 41 42 Mark Micol: Typically when you get a complaint, you would refer them to the Sheriff’s Department and then the 43 Sheriff would go out and take noise levels or readings and what not? 44 45 Michael Harvey: If it is a noise compliant, that is a correct statement. 46 47 Larry Wright: And then what is the recourse then? 48 49 Michael Harvey: As I’m not an expert on the enforcement of a noise ordinance, I am not going to comment. 50