The People of the County of Orange do ordain and enact as follows:
Section One: Title.
This Initiative shall be known and may be cited as "The Orange County Central Park and Nature Preserve Initiative."
Section Two: Purpose and Findings.
The full text of the Orange County/El Toro Economic Stimulus Initiative (Measure A), adopted by the voters of Orange County on November 8, 1994, is hereby repealed. The Purpose and Findings of Measure A are hereby deleted as shown below:
The people of the County of Orange hereby ordain as follows:
Section One -- Purpose and Findings.
B. Limited Airport Capacity. The Board of Supervisors has declared that Orange County's only commercial airport is prevented by size and facility limitations from serving more than 8.4 million passengers per year and this limitation is reinforced by a federal court order. Orange County already sends approximately four million passengers, and their tax dollars, to airports outside the County each year and this number is expected to grow significantly. This airport capacity shortfall stifles economic development in Orange County.
C. Jobs. Conversion of El Toro MCAS to a civilian airport could create more than 21,000 new jobs in Orange County and increase business revenues in the County by more than $1.7 billion. On a regional basis, a civilian airport would generate over 52,000 new jobs and business revenues of more than $4.3 billion.
D. Tourism. Air travel accounts for the largest share of travel and tourism expenditures in California. The lack of adequate airport capacity in Orange County diverts these expenditures to areas outside the County. Establishment of a civilian airport at the El Toro MCAS will allow the County to take full advantage of its tourism-related industries, including the planned expansion of Disneyland.
E. A Clean Environment. An El Toro airport would save Orange County commuters one million miles per day in trips to Los Angeles International and Ontario airports. This will result in cleaner air, less freeway congestion, and a savings of at least two hours of driving time for El Toro air passengers. Because civilian aircraft produce less noise than military aircraft, an El Toro airport would reduce overall noise levels in the surrounding communities.
F. Fairness. El Toro MCAS is a countywide resource. An ill-conceived reuse policy will hurt residents and businesses throughout the County. Immediate action to develop a new airport, in contrast, will lead to jobs and other economic benefits throughout the County. Reuse affects us all. We all must be involved.
G. Regional Benefits. The California Commission on Aviation and Airports has found that Orange County, "by not meeting the needs of its own citizens, is forcing other jurisdictions to meet the needs of Orange County residents." The Southern California Association of Governments, the Southern California Regional Airport Authority, the Orange County Cities Airport Authority, and the Federal Aviation Administration have all recognized the potential of El Toro MCAS to accommodate commercial aviation without adversely affecting the quality of life of South Orange County residents.
H. Transportation Hub. Access to El Toro MCAS is provided by five existing or planned freeways, tollways, and transportation corridors, a planned monorail line, and by the adjoining Amtrak railroad. El Toro MCAS itself provides additional infrastructure in the form of runways and related facilities that can accommodate a wide range of commercial aircraft. Land uses surrounding the El Toro MCAS are compatible with its use as a civilian airport.
I. General Plan Amendment. This initiative amends the Orange County General Plan to provide that certain unincorporated lands within the El Toro MCAS shall be used for a publicly or privately owned and operated airport serving a substantial portion of the County's passenger and cargo air transportation needs. The General Plan amendment establishes a framework for reuse planning based upon the fundamental principle that the impacts and benefits of closure and reuse will be felt throughout the County. This initiative does not affect the ability of the County to establish or approve an airport at any other location in the County.
J. Airport Environs Land Use Plan. The Orange County Airport Environs Land Use Plan has as its central objective protecting the public from the adverse effects of aircraft noise, ensuring that people and facilities are not concentrated in areas susceptible to aircraft accidents, and ensuring that no structures or activities adversely affect navigable airspace. This initiative maintains consistency between the Orange County General Plan and the Orange County Airport Environs Land Use Plan by establishing policies and procedures to require that El Toro MCAS lands in the vicinity of a civilian airport established at the El Toro MCAS be developed for uses and activities which are compatible with civilian airport uses at El Toro MCAS.
K. Economic Development. As demonstrated with John Wayne Airport, civilian use of El Toro MCAS would result in less impacts and restrictions on economic development and quality of life of the surrounding areas than continued military use, and would stimulate expanded economic development of those areas.
L. Federal and State Airport Policy. This initiative establishes only land use policies for Orange County as the local agency having land use authority with respect to airport siting at the El Toro MCAS. This initiative has no effect on the authority of federal and state agencies to regulate airport development in accordance with other applicable laws and regulations, except insofar as such other laws may rely upon local land use policy.
M. Flexibility. Initiative measures, once adopted, may generally be amended only by a vote of the people. In recognition of the complexity of the airport siting and development process, however, this initiative may be amended by the Board of Supervisors based on the recommendation of the El Toro Airport Citizens Advisory Commission, a final federal or state agency decision denying airport use, or under other specified circumstances. The initiative may also be amended at any time by a vote of the people.
N. No Effect on City Lands. Nothing in this initiative imposes any land use restriction or other limitation on lands within the incorporated area of any city.
The County of Orange General Plan (as amended through the date this Initiative is submitted to the voters) [hereinafter "Orange County General Plan"] is hereby amended to read as described below.
General Plan Amendments. The Introduction, Background for
Planning, Land Use Element, Transportation Element, Public Services and
Facilities Element, Resources Element, Recreation Element, Noise Element,
Safety Element, and Appendix IV, VII, and VIII of the Orange County General
Plan are hereby amended as set forth below. Text to be inserted into the
Orange County General Plan is indicated in boldface type while text to
be stricken is presented in strikeout; text in standard
type is existing text in the Orange County General Plan.
2Ibid.
3Ibid.
The major sources of significant noise in Orange County are aircraft
and highway vehicles. While both can usually be mitigated to acceptable
levels indoors, aircraft noise cannot be mitigated outdoors because of
its overhead source. State law and County policy prohibit residential development
and similar noise sensitive uses in high-noise (+65 CNEL) areas near El
Toro Marine Corps Air Station and John Wayne Airport.
Noise in nonresidential developments must be attenuated to protect users in these areas. Near major streets and highways, noise must also be attenuated. Thus, high-noise conditions may preclude certain uses in some areas and may increase development costs. CNEL noise contour maps and more detailed information related to noise are found in Chapter VIII, the Noise Element.
c. The first paragraph of the "Public Facilities" discussion in the Land Use Element (page III-17) is hereby amended as follows:
As used throughout this document, closure of MCAS El Toro
means operational closure, i.e., cessation of regular air operations.
This broad category includes the Open Space (5) land use category, and the Open Space Reserve (OSR), Nature Preserve (NP), and Education/Park Compatible (EPC) land use overlays.
The Open Space (5) category indicates the current and near-term use
of the land, most of which is zoned agricultural. It is not necessarily
an indication of a long-term commitment to specific open space
uses.,
except where one of the three overlay categories applies.
The Open Space Reserve (OSR) overlay identifies lands of scenic and natural attraction, and areas of ecological, cultural, historical and recreational significance that are permanently preserved as and restricted to open space and open space compatible uses.
The Nature Preserve (NP) overlay applies to the northeast portion of El Toro for the purpose of permanently preserving natural habitat in accordance with the Central/Coastal Orange County Natural Communities Conservation Plan.
The Education/Park Compatible (EPC) overlay allows education and other land uses that are compatible with the purpose of Orange County's Central Park.
The allowable uses within the Open Space (5), EPC, OSR and NP designations are further defined in Table III-1.
This The Open Space (5) category provides for limited
land uses that do not require a commitment of significant urban infrastructure.
Examples of compatible uses include:
Areas identified Open Space (5) are not necessarily committed to permanent open space uses. Certain property within the Open Space category is committed, through public or private ownership, to remain as open space, but other property, due to market pressures to serve a growing County population, may ultimately be developed in other ways.
Similarly, certain unincorporated territory identified as Open Space (5) on the LUE Map is within city spheres of influence for which cities have adopted plans with urban uses. Long-range socioeconomic projections, therefore, attempt to reflect anticipated urbanization consistent with regional population and employment projections and applicable city plans.
CATEGORY |
|
|
Rural Residential (1A) |
|
|
Suburban Residential (1B) |
|
|
Urban Residential (1C) |
|
|
Community Commercial (2A)** |
|
|
Regional Commercial (2B)** |
|
|
Employment (3)** |
|
|
Public Facilities (4)** |
|
|
Landfill Site (LS)** |
|
|
Open Space (5)** |
|
|
Open Space Reserve (OSR)** |
|
|
Nature Preserve
(NP) |
|
|
Education/Park Compatible (EPC) |
|
|
Urban Activity Center (6)** |
|
Residential Uses
|
** Estimated employees per acre for non-residential land use categories are calculated using FARs, the following building square footage per employee factors, and the following formula:
(FAR x 43,560 sf per acre) ÷ (sf per employee factor) = employees per acre
Commercial 500 sf/emp
Public Facilities 250 sf/emp
Employment 250 sf/emp
UAC 250 sf/3mp
Open Space Not applicable
g. The "Objectives and Policies" discussion in the Land Use Element (page III-27) is hereby amended to read as follows:
This section presents the future objectives and policies of the Land Use Element.
Market forces will determine which areas develop first and which remain undeveloped or underdeveloped by the 2020 horizon year. However, the policy projections and the Land Use Element Map will be the tools for project evaluation and consistency determination to ensure that development coincides with the policies of the Land Use and Transportation Elements regarding infrastructure provision.
This section describes thirteen twelve major
land use policies that guide implementation of the Land Use Element. The
intent of these policies is to articulate issues which should be addressed
when considering development proposals.
These policies are implemented through the programs contained in the Implementation Programs section. Two LUE interpretive policies which guide administration of the LUE map and land use categories are described in the section immediately following these thirteen land use policies.
The thirteen twelve major land use policies
set forth in this section apply to all geographic areas of the unincorporated
portion of the County. They are adopted for the purpose of guiding the
planning and development of those areas for both the short-term and long-term
future.
Each policy has been stated in a single sentence. A policy can be referred to by its short title. A statement of purpose for each policy is given to aid in its interpretation.
13. MCAS EL TORO
13.1 Civilian Airport Use
Any redesignation or land use authorizations for MCAS El Toro
lands outside the El Toro Airport Planning Area shall be approved only
upon a finding by the Board of Supervisors that the uses authorized are
compatible with the use of lands within the airport purposes consistent
with policy 13.4.
The County shall consider expenditure of such funds for needed
infrastructure to support airport operations and adjacent economic development,
and throughout the County to mitigate the impacts of base closure or reuse,
with preference for jurisdictions adjoining MCAS El Toro.
Lands within the El Toro Airport Planning Area shall be used
for airport purposes to serve a substantial portion of the County’s air
transportation needs, including air carrier transportation of both passengers
and cargo.
13.51 Membership & Organization
Six members shall be appointed jointly by the members appointed
by the Board of Supervisors and the City Selection Committee and shall
include two aviation experts, at least one of whom shall be from the air
carrier industry; two representatives of established community groups concerned
with airport issues; one representative of the County business community;
and one representative from an established labor organization.
All members shall have terms of four years; provided, however,
that the thirteen members first appointed to the El Toro Airport Citizens
Advisory Commission shall draw lots to select six members who shall serve
initial terms of two years. No member shall serve more than two four-year
terms.
The first members appointed by the Board of Supervisors and
the City Selection Committee shall be appointed no later than May 15, 1995.
All vacancies shall be filled within three months. The El Toro Airport
Citizens Advisory Commission may adopt bylaws and other rules of procedure
not inconsistent with this policy.
13.62 Recommendation of the El Toro Airport Citizens Advisory
Commission
If, at the request of the Board of Supervisors, the El Toro
Airport Citizens Advisory Commission conducts a thorough evaluation of
the boundaries of the El Toro Airport Planning Area and determines that
certain lands within the El Toro Planning Area are not necessary for operation
of a viable airport, the Board of Supervisors shall review the report of
the Commission.
If the Board of Supervisors concludes, based on its review of
a final Commission report recommending boundary adjustments and after at
least one public hearing on the report, that some or all of the lands identified
in the report for exclusion are not necessary for operation of a viable
airport, the Board of Supervisors may by a 4/5 vote amend the boundaries
of the El Toro Airport Planning Area to exclude those lands that the Commission
has found are not necessary for operation of a viable airport.
Any boundary amendment report prepared by the El Toro Airport
Citizens Advisory Commission or other County department shall be issued
in draft form for public review and comment for not less than thirty days;
all final reports shall include public comments and responses thereto.
Public review and hearings pursuant to this policy may be conducted
in conjunction with any review conducted pursuant to the California Environmental
Quality Act.
If, after challenge by an affected landowner, the Board of Supervisors
finds that application of Policies 13.1 through 13.6 or any part thereof
regarding reuse of MCAS El Toro would constitute an unconstitutional taking
of the landowner’s property or would deprive the landowner of a vested
right pursuant to state law, the Board of Supervisors may allow reasonable
use of that landowner’s property to the minimum extent necessary to satisfy
constitutional obligations.
The General Plan may be reorganized, and individual provisions
may be reorganized, and individual provisions may be renumbered or reordered,
in the course of ongoing updates of the General Plan in accord with the
requirements of state law, but the provisions enumerated in this paragraph
shall continue to be included in the General Plan until December 31, 2015,
unless earlier repealed or amended pursuant to the procedures set forth
or by the voters of the County.4
k. Footnote 4 on page III-38 is hereby deleted as shown below:
b. The "Road Improvement Monitoring" discussion in the Transportation Element (page IV-23) is hereby amended to read as follows:
This is a detailed analysis of traffic conditions at intersections impacted by development in unincorporated areas of the County. The analysis is done for horizons of three and five years. The report also contains specific mitigations that are necessary to ensure LOS consistent with standards specified in the Growth Management Plan Element. In addition to other applicable requirements of the General Plan, the County shall prepare, or cause to be prepared, an annual monitoring report regarding the average number of daily vehicle trips generated by the land uses at Orange County’s Central Park shown on Map III-1. The County shall approve land uses within Orange County’s Central Park consistent with the General Plan in a manner to insure that the average number of daily vehicle trips generated by the authorized land uses within Orange County’s Central Park at build out shown on Map III-1 do not exceed ninety-six thousand (96,000) vehicle trips per day on average.
b) Development Agreement Implementation Program
The County has entered into a number of Development Agreements with major county developers in the unincorporated areas of the County. Each contains specific infrastructure improvements, including roadways, to be completed by the developer by certain development milestones.
The intent of these agreements is to provide a mechanism for phasing new development in conjunction with the construction of infrastructure needed to serve that development. A Development Agreement Implementation Program has been established to define and clarify the benefits obtained through these agreements. This program is administered by PFRD.
c) Facility Implementation Program
The Facility Implementation Program (FIP) is based on the 11 "Measure M" GMAs and contains FIPs for only those GMAs with a large amount of unincorporated areas. The FIPs outline infrastructure improvements and phasing of those improvements necessary to support projected development in the unincorporated areas.
Portions of undeveloped Orange County may be ideal sites for certain
public facilities because they are sparsely populated, are within County
unincorporated areas, and, yet, are within service distance of those communities
with service needs. For example, the El Toro MCAS, when converted
to civilian use in the late 1990's, will provide an ideal site for an additional
airport due to its existing use as an airport, compatibility with surrounding
uses, and accessibility via major transportation corridors.1
Policies
1. PHASING AND FUNDING
Proponents of planned communities or tentative tract or parcel maps in conventionally zoned communities shall provide ultimate, fair share infrastructure improvements for regional services as required by County and service provider plans in effect at the time of project implementation.
Proponents shall also participate, on a fair share basis, in provision of community level facilities. The County and service providers shall strive to provide facilities and services necessary to complete the service system.
2. SYSTEM PROGRAMMING AND FUNDING
To maximum use of available funding sources, including federal, state, and local, as well as support necessary increases in such sources and require private participation in assessment/fee and other programs established by the Board of Supervisors in order to implement necessary facilities.
3. LAND USE COMPATIBILITY
To coordinate facility planning in a manner compatible with surrounding land uses and to review planned land uses adjacent to facilities for their compatibility with facility operations.
John Wayne Airport (JWA) is the only commercial service airport in Orange County. It is served by six commercial air carriers and three commuter airlines. JWA also serves as the home base for more than 970 personal and business ("general aviation") aircraft.
John Wayne Airport is approximately 504 acres in size. This consists of 444 acres of primary airport area (that property lying between the Corona del Mar and San Diego Freeways); 33 acres of clear zone lying south of the Corona del Mar Freeway; and 11 acres lying north of the San Diego Freeway.
A majority of the area surrounding the airport is within the cities of Newport Beach, Costa Mesa, Santa Ana, Tustin, and Irvine. The remainder consists of the unincorporated community of Santa Ana Heights which is approximately 100 acres within the County of Orange.
John Wayne Airport has two parallel runways: one is 5,700 feet long, and a shorter runway serving general aviation is 2,900 feet long. These runways are oriented almost north/south. The prevailing winds in the area are from the ocean. Consequently, almost 98 percent of the landings and takeoffs at JWA are conducted in a southerly direction (into the winds). Unfortunately, many residence lie under or near the departure flight paths.
In 1960, there were 12,441 passengers enplaned at JWA. In 1970, the total exceeded 871,350. The demand for air service continued to increase, and by the late 1970s, it exceeded 2.5 million. It has remained around this number since that time--not because the demand has leveled off, but because the number of commercial air carrier flights has been frozen at 41. It is estimated that the current level of demand for service exceeds 7.0 million. Those passengers not served at John Wayne obtained air service from airports outside the County. Estimates for the year 2000 indicate that almost 20.0 million total passengers will be generated by the population of the County.
Also, within Orange County, there are more than 2,600 aircraft registered to personal and corporate owners; yet there is only one other airport for these type of aircraft within the County--Fullerton Municipal which has 590 based aircraft. No other general aviation aircraft are located at airports inside the County.
The pressure for increased capacity at John Wayne Airport to better serve the air transportation needs of the County’s citizens has been manifest, but it has been countered by pressures to relieve or curtail the environmental consequences of the airport’s operation. Aircraft noise, aircraft related air pollution, traffic congestion, parking congestion, and incompatible adjacent land uses have long been issues of concern.
The closure of the El Toro Marine Corp Air Station ("El Toro
MCAS") in the late 1990s provides the only opportunity to develop a facility
to better serve the air transportation needs of the County's citizens.
Thus, in the long term the El Toro MCAS may be converted to civilian use
as a publicly or privately owned and operated airport providing both passenger
and cargo services. In the short term, the El Toro Airport Citizens Advisory
Commission and the Board of Supervisors are working to promote joint military
and civilian use of the El Toro MCAS to allow commercial air cargo. Solutions,
or potential solutions, to this problem are currently being studied under
the guidance of the Board of Supervisors.
The County's air capacity shortfall can be addressed through
conversion of the El Toro Marine Corps Air Station from military use to
use as a civilian airport.3
The future of air system service in Orange County may benefit significantly from closure of the El Toro MCAS. Reuse of that facility would help resolve the environmental and demand/capacity problems present at the John Wayne Airport.4
The regional airport system in Southern California is currently being examined by many communities and agencies. The Southern California area has the largest regional airport system in the world and is served by more commercial airports than any other major metropolitan area in the United States. Six commercial airports currently serve the region’s aviation demand: Los Angeles International (LAX), Ontario International (ONT), John Wayne/Orange County (SNA), Burbank/Glendale/Pasadena (BUR), Long Beach (LGB), and Palm Springs (PSP).
The greatest population growth in the five county Southern California region during the next two decades is projected to occur in the Inland Empire Counties of Riverside and San Bernardino and in northern Los Angeles County. The Inland Empire also has a wealth of existing and potential commercial aviation facilities. In addition to the newly improved and expanded Ontario International Airport, airports are proposed for the former March Air Force Base in Riverside County (March GlobalPort), the former Norton Air Force Base in San Bernardino (San Bernardino International Airport), and the former George Air Force Base in Victorville (Southern California Logistics Airport). Planning for another major regional commercial airport is underway for the existing Palmdale Regional Airport by the Los Angeles World Airports (LAWA).
These proposed airports and Ontario are well located to serve future Southern California aviation needs. The Ontario Airport already serves a great number of passengers from Orange County due to its location and proximity to Orange County communities. The recently expanded Ontario Airport offers improved air transportation service to its market area and is expected to address a much larger portion of the regional aviation demand in the future. In addition to passengers, Inland Empire airports are well positioned to absorb the regional air cargo demand.
Because of the regional nature of air transportation services, the County of Orange supports satisfying regional demands at these other airports, as well as by continuing operations at John Wayne Airport. The County shall support and encourage regional planning agencies to focus their efforts on establishing new and improving existing transportation links between population centers in the Southern California region and these other airports.
It is sound public policy, considering regional concerns and regional public welfare, to direct Southern California’s future growth in air traffic passenger and cargo services for its existing and anticipated population to areas where the greatest growth is expected to occur, and where neighboring communities are generally supportive of new or expanded airport facilities.
b. The "Indirect Source: Airport Ground Access" discussion in the Resources Element (page VI-84) is hereby amended to read as follows:
Continue to encourage implementation of measures which seek to reduce congestion around airports.
Discussion:
This measure seeks to reduce congestion around airports by encouraging
travelers to rideshare or use transit to their departure airport and/or
from their arrival airport, and by improving ground airport
access.
physical features to accommodate this, and by increasing the
number of airports available to Orange County residents.1In
the John Wayne Airport Expansion, trip reduction methods were examined,
with the result that they committed to increasing passenger load factors.
New or Existing Program: Existing
Implementation Schedule: Ongoing
Responsible Agencies:
The Open Space/Conservation Program Map does not designate land use; rather, it identifies broad open space areas and corridors with physical, cultural, or economic attributes which require consideration at subsequent levels of planning. These open space areas and corridors are regional in nature and are intended to benefit and be enjoyed by the entire population of Orange County. They also enhance or augment regional recreation facilities.
The program map does not identify non-regional open space areas and corridors. The scope of non-regional open space is intended primarily for the enjoyment, use, and benefit of the neighboring community. Non-regional open space, often referred to as local open space, may link local or community recreation facilities. These areas enhance or augment local recreation facilities. These areas are identified in the Community Profiles, Specific Plans, or other development plans.
The Open Space/Conservation Program Map is consistent with other elements of the General Plan. The map supports the Recreation Element, the Transportation Element (the Master Plan of Scenic Highways and Master Plan of Countywide Bikeways), and the Natural Resources and Cultural-Historic Resources Components of this Element.
The map depicts open space areas for regional recreation, greenbelts, wildlife and vegetation habitats, major water courses, agriculture, mineral resources, major watershed and water recharge areas, tidelands, beaches, shoreline areas in need of sand replenishment, stream valleys, scenic and conservation corridors, and areas of cultural-historic importance. Education/Park Compatible (EPC) overlay areas may include open space-compatible educational, research and development, cultural and recreational uses. With the exception of existing regional park facilities, open space areas illustrated on the Open Space/Conservation Program Map (Figure VI-5) are schematically mapped.
Conserve open space lands needed for recreation, education, and scientific activities, as well as cultural-historic preservation.
The major sources of significant noise (65+ CNEL) in Orange County are aircraft and highway vehicles. While both can usually be mitigated to acceptable levels indoors, acceptable mitigation of aircraft noise outdoors cannot be fully accomplished because of its overhead source.
Noise does not preclude recreation activities but does diminish the enjoyment of the overall experience. Through proper site planning, recreational activities can and do occur.
For example, Featherly Regional Park is adjacent to the Riverside Freewayand
is subject to roadway noise from motor vehicles. and portions
of O'Neill Regional Park are subject to overflight by jet aircraft from
Marine Corps Air Station El Toro.
The closure of El Toro and its non-aviation reuse will have the positive benefit of reducing aircraft noise impacts on County-wide recreation and open space resources. In addition, the closure affords an unparalleled opportunity to expand regional recreation facilities.
Areas that offer recreational or scenic attractions that are of countywide
significance and generally not available in local parks; and a
spaciousness
which the typical small neighborhood park does not provide. Regional parks
are of sufficient size to offer facilities for family and group picnicking,
camping, nature study, and diversified play area for all age groups. They
can accommodate swimming pools, athletic fields, bowling greens, water-oriented
facilities, and golf courses; and, with emphasis on improvements designed
to meet unmet regional recreation needs.
Regional parks are further classified as follows:
The park 1) generally appears to have been affected primarily by forces of nature, with the imprint of man’s work substantially unnoticeable; 2) has outstanding opportunities for solitude or a primitive and unconfined type of recreation; 3) is of sufficient size as to make practicable its preservation and use in an unimpaired condition; and 4) may also contain ecological, geological, of other features of scientific, educational, scenic or historical value.
PROPOSED REGIONAL RECREATION FACILITIES
The purpose of this section is to provide a general overview as to the noise-related roles and responsibilities of different levels of government as they relate to environmental noise.
At the federal level, there are three separate agencies which have a significant impact on Orange County's noise environment. They are the Environmental Protection Agency (EPA), the Department of Defense and the Department of Transportation (DOT). In addition, the Department of Housing and Urban Development and the Federal Housing Administration establish standards for projects which receive their financial support.
The stated role for EPA has been to provide leadership in the national noise abatement effort. While not as extensive as it was during the 1970s, a key aspect of this effort has been sponsorship of scientific studies of the relationships between noise levels and human response. Another key role of EPA has been in assisting other federal agencies, states, and local jurisdictions in taking steps to ensure as healthy an environment as is feasible.
The Department of Defense (DOD) is important with respect to the Noise
Element because it operates two facilities in Orange County, the
Marine Corps Air Station (MCAS) at El Toro and the one at
Tustin.These bases, especially MCAS, El Toro, have a very significant
noise impact on surrounding areas. DOD sponsors a number of programs to
attempt to minimize negative impacts of each of the bases’ operations.
(DOD
in conjunction with the State of California National Guard Bureau also
operates an air installation at Los Alamitos. Noise effects from operations
at Los Alamitos are not significant on unincorporated areas, however.)
The El Toro MCAS and Tustin MCAS are to be closed by mid-1999.
The El Toro MCAS may be converted to civilian airport uses which are expected
to result in a decrease in overall noise levels.1
The Department of Transportation is significant in that its operating agencies are involved in setting standards and safety regulations for civil aviation, railroads, transit facilities and vehicles, and those freeways that are a part of the Interstate System. These agencies are the Federal Aviation Administration, the Federal Railway Administration, the Urban Mass Transportation Administration, and the Federal Highway Administration.
The State of California is responsible for establishing regulations for noise control where not preempted by the federal government. The federal government has largely pre-empted control of noise from aircraft, railroads, and federal highways. The State regulates noise levels of motor vehicles, motorcycles, motor boats, and freeway noise as it affects classrooms, and has set noise insulation standards for multi-family dwellings, hotels, and motels. The State also has established noise impact boundaries around airports, and noise planning standards.
Of particular importance are the State requirement for the preparation of each local jurisdiction's noise element (California Government Code, Section 65302(f)), noise insulation standards (California Administrative Code, Title 25) and the noise standards related to airports and their environs (Title 21). The State, through CALTRANS and the California Transportation Commission, also exerts significant influence on the noise environment through the financing, construction, and maintenance of the State highway system.
Local jurisdictions share the responsibility of maintaining the health and welfare of their residents. This responsibility is discharged largely through land use planning and control. The normal approach taken at the local level is a preventative one in which care is taken to avoid the development of neighboring uses that are inconsistent. Retroactive action to correct an inconsistent pattern is generally limited to voluntary programs in which land owners are encouraged to take steps to reduce the noise impact on their property.
The County of Orange has an additional role in that it is the owner/operator
of John Wayne Airport. In this role, the County can influence the noise
environment, although only insofar as its actions are in accord with federal
and state regulations. The County may play a similar role, subject
to federal and state laws and regulations, in connection with a civilian
airport developed at the El Toro MCAS.2
Noise is generated by numerous sources which are found near places where people both live and work. Of particular concern are those sources generating noise levels above the prevailing background noise level.
The most common mobile noise sources in the County are transportation- related (automobiles, trucks, motorcycles, railroads, and aircraft). Motor vehicle noise is of concern because it is characterized by a high number of individual events, which often create a sustained noise level, and because of its proximity to areas sensitive to noise exposure. Rail and aircraft operations, though infrequent, may generate extremely high noise levels that can be disruptive to human activity. Aircraft noise appears to produce the greatest community anti-noise response, although the duration of the noise from a single airplane is much less, for example, than that from a freight train.
Of the airports and air stations in Orange County, only two
have a significant impact on unincorporated areas – MCAS, El Toro and John
Wayne Airport (JWA). Other facilities have significant impacts only on
incorporated areas, for which the various cities have responsibility.
The primary focus of Noise Element Amendment 1979-2 was on the
area surrounding MCAS, El Toro. As a result of that action, a policy
implementation line was Defined which corresponded to the Community
Noise Equivalent Level (CNEL) contour 65 decibels. Other CNEL contours
were also plotted, but the key ones are the 65-decibel line and the 60-decibel
noise
referral zone boundary. The basis for the 65-decibel CNEL line is the
Air Installation Compatible Use Zone (AICUZ) study
Noise contours tend to be very broad estimates of sound levels.
In actuality, contour lines float over a defined area. Therefore, the use
of zones provides a better method than contour lines for reflecting the
true varying nature of sound. However, in order to promote equitable and
consistent noise/land use determinations, the policy implementation line
has been adopted around MCAS, El Toro. The lines correspond to the CNEL
contours in effect at the time of their adoption (October 10, 1979).
These contours were projected based on an assumption of 72,000
annual operations. That number reflects an increase over the actual 1979
level. Upon conversion of El Toro MCAS to civilian airport uses, the area
within the 60 and 65 CNEL lines is expected to decline.5 Nevertheless,
the policy implementation lines remain fixed as to location until modified
by a Noise Element Amendment.
In February 1985, the Board of Supervisors adopted the John Wayne Airport Master Plan (AMP) and the Santa Ana Heights Land Use Compatibility Program (LUCP).
The Airport Master Plan includes an ultimate limit of 73 average daily departures (ADDs) for most commercial jet operations. In preparing the LUCP, a projected 65-decibel CNEL noise contour reflecting expected future flight level and a reasonable mix of aircraft types was utilized.
This contour referred to as the Project Case and depicted in EIR 508 (prepared jointly for the AMP and LUCP), was approved by the Board of Supervisors as the implementation line for two noise compatibility programs: Purchase Assurance and Acoustical Insulation. It was also utilized in the preparation and Board adoption of a land use plan (Land Use Element and Community Profile amendments) for unincorporated areas of Santa Ana Heights.
This contour line remains fixed as to location until modified by a Noise Element Amendment. Consideration of a future revision to the Project Case Contour would probably occur subsequent to full implementation of Phase II of the JWA Master Plan.
Figure VIII-2 depicts the current noise contours which surround John
Wayne Airport and MCAS, El Toro, as well as the policy
implementation line for both the facilityies.
Figure VIII-2 also represents the future levels of aircraft noise because
of the assumption of 72,000 operations per year established as a part of
the amendment in 1979. (See the AICUZ study for MCAS, El Toro for
details.) This map also depicts the Project Case Contour for John
Wayne Airport as adopted by the Santa Ana Heights Land Use Compatibility
Program and the John Wayne Airport Master Plan. Precise noise contour maps
are available from the Environmental Management Agency (EMA) which depict
these two areas with the map accuracy standards that are required for project-specific
evaluations.
g. The "Analysis of Future Conditions" discussion in the Noise Element (pages VIII-18 through VIII-21) is hereby amended to read as follows:
By the year 2020, the horizon year of this Element, there will be more people in Orange County, more economic activity, and more traffic of all types. Increased development will lead to more transportation facilities. Overall, the County will exhibit higher population densities. All of these factors will lead to situations in which a greater number of people will reside in areas potentially subject to higher noise impacts.
For the unincorporated area of Orange County, a relatively high percentage of this development will have occurred subsequent to the adoption of land use-noise compatibility policies and standards (the Noise Element was originally adopted in 1975). As a result, more of the dwellings, offices, and other inhabited structures will have been built in accordance with the policies and standards that are contained in this Noise Element.
An estimate of the potential population residing in noise impacted areas was prepared and presented in Chapter II, Background for Planning. That estimate represents the maximum number of people likely to live in those areas. The usefulness of the estimate is for comparative, rather than absolute evaluations. The actual number of affected residents will be less (and probably significantly less), although there will be some Orange County residents who will reside in areas that are noisier than is desired. Some of the factors that may influence how many people actually will live in noisy areas are discussed in the paragraphs that follow.
Some planning constraints exist. Local jurisdictions have control over only some factors which influence the level of noise in an area. Noise compatible land use planning and the discretionary review of project applications are probably the best noise prevention and control tools available to the County. However, these mechanisms are of limited effectiveness in dealing with those instances in which a pre-existing noise-land use incompatibility exists. Unless a development proposal involving a discretionary approval is made, there are no mechanisms to ensure that corrective action will be taken.
The structure of the County’s economy could change significantly. While this is a remote possibility within the time horizon of the Noise Element, such shifts are conceivable. If so, there could be new sources of community noise. Similar changes could occur in the temporal work patterns associated with the local economy. If more multiple work shifts were to occur, then proportion of traffic occurring during the evening (7 - 10 p.m.) or night (10 p.m. - 7 a.m.) time periods may increase.
While these changes would probably have a beneficial effect on peak
period traffic congestion, they could increase Community Noise Equivalent
Levels due to the additional weight given to noise that occurs during the
evening and nighttime periods. It is also possible for the level
of activity at Marine Corps Air Station, El Toro to increase significantly,
in response to changes in the world situation; however, this facility will
be converted to civilian uses in the late 1990s and is expected to be used
as an integral component of the County's air transportation infrastructure.
A conversion to civilian airport uses is expected to result in a decrease
in overall noise levels.7
Technological changes are a possibility as they relate to transportation facilities. Reductions in the noise from automobiles and trucks are certainly possible. Quieter tires or quieter engines could each lead to a significant reduction in the areas affected by noise from arterial highways. Neither of these topics is subject to local control nor are the effects of local influence very great.
As a result, the assumption made in this document is that the noise levels associated with the current vehicle fleet are the appropriate ones to use. When conclusive evidence is available that supports different assumptions, then they will be incorporated in a subsequent amendment to this Element.
A similar set of uncertainties exists as it relates to noise characteristics of future generations of aircraft, both civilian and military. Once again, the assumptions utilized here will be changed when the characteristics and utilization rates of such new aircraft are known.
Another technological change that may have an impact on the future noise environment is the role of telecommunications in the lifestyle of county residents. If there should be a significant substitution of communications for transportation, then the traffic volumes and the level of noise from arterial highways might be less than forecasted. Careful attention to and observation of changing traffic patterns will be required prior to adjusting the community noise estimates.
A final technological factor is the absolute accuracy of the estimates of future noise environments. Analytical models used to develop estimates will be improved as new evidence becomes available. The accuracy of the data base will be improved by the acquisition of new data through various national and international efforts. When improved analytical models are available, it may be appropriate to recalculate the noise contours contained in this document.
There are fiscal constraints which affect the future noise environment as well. Attenuation measures all have a cost associated with them. Those that are to be paid for by public agencies (such as acoustical barriers along freeways or arterial highways) must compete for scarce resources with other public needs. Cost considerations are particularly critical for retroactive improvements.
A key objective of this Noise Element is to ensure that each County resident’s quality of life is not affected adversely by high noise levels. Thus mitigation of noise is of paramount importance.
Noise affects all land uses. Residential uses are the most noise sensitive because of structural design, 24-hour per day duration of use and because such uses typically need, and are designed to incorporate outdoor living areas. Other noise sensitive uses include schools, hospitals, and places of worship. While mitigation of the effects of excessive noise in enclosed or interior areas are feasible (if expensive), it becomes more difficult for outdoor areas (particularly for aircraft noise sources).
In general, any development that results in a situation where there is an unacceptable level of noise in any living area (interior or exterior), must be mitigated or the project or use revised to avoid the conflict.
Aircraft noise as it affects outdoor living areas8 is particularly critical because it is generally impracticable to provide sufficient noise control to achieve an acceptable noise environment.
Noise sensitive land uses are defined as those specific land uses which have associated indoor and/or outdoor human activities that may be subject to stress and/or significant interference from noise produced by community sound sources. Such human activity typically occurs daily for continuous periods of 24 hours or is of such a nature that noise is significantly disruptive to activities that occur for shorter periods. Specifically, noise sensitive land uses include: residences of all types, hospitals, rest homes, convalescent hospitals, places of worship, and schools.
Development in this context refers to the initial development of land from an unimproved state to the redevelopment of land in which one use is replaced by another or to a significant intensification in an existing use (e.g., replacing a single family dwelling unit with a four-plex). These types of development are the ones on which the County takes discretionary action. Table VIII-2 depicts major uses in terms of noise sensitivity.
For the purpose of complying with the Table VIII-2 criteria, the noise from all sources will be combined and rated in terms of Community Noise Equivalent Level (CNEL). For multiple noise sources, all sources can either be mathematically combined or the CNEL rating can be calculated in the following manner.
A primary, or loudest, noise source will be identified. All other sources will then be considered secondary noise sources. Secondary noise sources that are at least 10 decibels less than the primary source can be considered to have an acoustically insignificant effect on the noise level rating and therefore will not need to be included in the CNEL calculations. If the primary source requires abatement to comply with Table VIII-2 requirements, then the abated CNEL rating for the primary source will be used to determine the significance of any secondary source. For example, if the primary source is 75dB CNEL and requires abatement to 65dB CNEL, then any secondary source of 55dB CNEL or less can be considered acoustically insignificant. Therefore, a secondary source of 60dB CNEL would require abatement to a 55dB CNEL rating thereby making that acoustically insignificant.
Residential land use is the most sensitive because of the nature of
activities which occur over a 24-hour period as well as the generally accepted
need for, and design incorporating, outdoor living areas. An upper CNEL
limit of 65 decibels was chosen above which noise is extremely annoying.
Previous policy decisions by the Board of Supervisors have endorsed the
65-decibel CNEL as the critical sound-level criterion in guiding planning
decisions for sensitive land uses. As a result of action by the
County Board of Supervisors on Noise Element Amendment 1979-2, a policy
implementation line was defined which corresponded to the 65-decibel CNEL
contour projected around MCAS, El Toro.
As a result of the Board of Supervisors’ adoption of the Santa Ana Heights Land Use Compatibility Plan (LUCP), a projected 65-decibel CNEL noise contour was adopted for John Wayne Airport reflecting expected future flight levels and a reasonable mix of aircraft types. The policy implementation lines can only be changed as part of a Noise Element Amendment.
The County also has a regular program of monitoring noise in the vicinity of John Wayne Airport. The noise-monitoring program is used to provide supporting data to confirm applicability of the fixed policy implementation lines. The locations of other CNEL contours are plotted for both of these facilities, as well. The 60-decibel CNEL contour is the boundary of the noise referral zone. The other contours are not as important for land use planning purposes since key development policies are not based upon them.
All new residential uses, schools, places of worship, and convalescent
hospitals are generally incompatible within the 65-decibel CNEL
policy implementation line as defined for MCAS, El Toro and within
the 65-decibel CNEL contour for any other airport or air
station or for any other source of noise. These uses normally require outdoor
living areas for functional or therapeutic purposes or, in the case of
nearly all residential projects, to afford the full life style that is
the goal of the County's General Plan. For these reasons, the ability to
mitigate the effects of noise on these outdoor living areas is of paramount
importance. Since it is generally impracticable to mitigate aircraft-induced
noise in outdoor living areas, such uses are normally incompatible.
Noise sensitive uses which have no outdoor living areas may be compatible. These uses shall be considered compatible if and only if all standards contained in this Element are met.
Non-noise sensitive uses are compatible so long as interior noise levels meet the policies and standards established by this Noise Element.
To disseminate public information regarding noise and programs to reduce noise levels and their impacts.
b) Requiring that Declaration and Notification of Aircraft Noise and Environmental Impacts be recorded and available to prospective purchasers or end users of property located within the 60-decibel CNEL noise contour for any airport or air station or is subject to routine aircraft overflight.
c) Requiring an Aviation Easement across property that is within the 60-decibel CNEL noise contours for any airport or air station or is subject to routine aircraft overflight.
d) Requiring the posting of noise impact notification signs in all sales offices associated with new residential development that is located within the 63-decibel CNEL contour from any airport or air station.
Aircraft Environment
[Note: A comprehensive update to the Aircraft Environment section will be completed as part of a future General Plan Amendment.]
Introduction
This section of the Safety Element explores the aircraft environment of Orange County. To do so, it focuses on commercial, general, and military aviation operations either by fixed-wing aircraft or helicopters. The section does not discuss aircraft noise. Information pertaining to aircraft noise may be found in the Noise Element of the General Plan.
Current Conditions
COMMERCIAL AVIATION
John Wayne Airport serves as the home base for approximately 1,000 personal and business ("general aviation") aircraft. During calendar year 1986 there were approximately 5,000 business jet departures.
Within Orange County there are more than 2,600 aircraft registered to
personal and corporate owners; yet, there is are only
one other airport for these types of aircraft within the County besides
JWA--Fullerton Municipal, with 590 based aircraft. All other private aircraft
flying to or through Orange County are home based at airports outside Orange
County. An additional general aviation facility in the County may
be developed at the El Toro Marine Corps Air Station following cessation
of military uses at that facility in the late 1990s.2
The use of helicopters in business and pleasure has grown enormously in the last decade. With no room to expand, urban airports have had to fit helicopter takeoff and landing areas next to busy airliner runways, taxiways and fueling ramps. Though helicopter pilots and airline pilots are under the guidance of air traffic controllers, they are, depending on the airport, generally communicating on separate radio frequencies.
In Southern California, where an estimated 167,000 helicopter flights occur each year, finding locations for new heliports is a growing concern. There are already 203 heliports within the region, including a growing number in Orange County, most of which are privately owned and operated. About 30 helicopters are based at JWA.
MILITARY AVIATION
A civilian airport is proposed to be developed at the El Toro
MCAS site. It remains a military airport.
MCAS El Toro served as a tactical base for the following types
of high performance jet aircraft: F-4 Phantom; F/A-18 Hornet, A-4 Skyhawk,
A-6 Intruder. The installation also based KC-130 Hercules aircraft. These
four-engine turboprop aircraft were used primarily for aerial refueling
of fighter, attack and helicopter aircraft. Other aircraft assigned to
the base included T-39 and C-12 fixed wing aircraft and UH-1N helicopters.
The airspace surrounding MCAS El Toro is and was highly utilized
and consequently very congested. Several factors contributed to this congestion.
According to the Air Installation Compatible Use Zone (AICUZ) study prepared
for MCAS El Toro (PRC Speas Associates, 1981), annual jet operations averaged
72,000. Approximately 50,000 additional operations per year were generated
by helicopter, propeller, and general aviation aircraft.
Aircraft recently used MCAS El Toro to operate in a very restricted
environment for noise abatement purposes. During normal conditions (wind
permitting) approaches were made to Runway 34R, and departures were made
from Runway 7. Aircraft operating on Runways 16 and 25 would have more
favorable winds but would also have a greater noise impact on surrounding
residential areas.
According to the Southern California Aviation Study Technical
Report issued by SCAG in July 1980 and later revised in the Supplement
Technical Report of June 1982, the El Toro landing approach to the north
on Runway 34 does not conflict with other airport flight paths. It does
cross the busy V23 airway near the coastline, but transiting aircraft are
assigned to altitudes above the El Toro approach. The El Toro missed approach
for Runway 34 has been designed to avoid conflict with instrument approaches
to MCAS Tustin and JWA.
The 1981 Air Installation Compatible Use Zone (AICUZ) study
defined and identified accident potential zones in the vicinity of MCAS
El Toro. These are based on specific accident data for El Toro as well
as guidelines developed during a tri-service study effort. Nearly all accident
potential zones are contained within the 65 dB Community Noise Equivalent
Level (CNEL) noise contours. Figure IX-5 depicts the current accident potential
zones for MCAS, El Toro.
Located at MCAS, El Toro is the FAA’s Coast Terminal Radar Control
(TRACON) with jurisdictional control for the airspace between San Diego
and Los Angeles. TRACON is forecast to have military and civilian instrument
flight rule (IFR) traffic volumes greater than IFR control capacity in
the 1990s. While the TRACON would not exceed capacity in practice, the
large traffic volumes suggest extensive aircraft delays, especially during
peak periods and poor weather.
MCAS, El Toro was the Marines' major tactical jet air base on
the West Coast. Its aircraft, therefore, were able to become airborne as
soon as possible in a national emergency, as well as during practices for
such emergencies. Military aircraft using MCAS, El Toro often carried live
ordnance. A greater potential for ground damage exists for these aircraft
than for aircraft not carrying any ordnance. The probability and extent
of future ad hoc military operations is currently unknown. This section
of the General Plan will be amended based on EIR 573.
In the event of an extraordinary emergency situation requiring an unusual
emergency response, the three military air installations
within Orange County may be available to provide significant assistance.
Marine Corps Air Stations, El Toro and Tustin and Los
Alamitos Army Airfield each may provide additional communication
centers, medical facilities (Los Alamitos houses an emergency field hospital),
and evacuation equipment in the forms of helicopters, aircraft, and vehicles.
Military personnel can also be mobilized to augment the ranks of emergency
personnel. Also, each military installation maintains its own emergency
response plan that addresses on and off post emergency incidences which
could be drawn upon in a County disaster situation.
e. Reference to "MCAS El Toro" and the "ARSA" (Airport Radar Service Area) and "ATA" (Airport Traffic Areas) applicable to MCAS El Toro on Figure IX-5 of the Safety Element (shown as Exhibit 9 attached hereto), entitled "Orange County Air Traffic Control Areas," showing the boundaries of air traffic control areas in Orange County (page IX-54), are hereby deleted, consistent with the land use designations depicted in Exhibit 10, "Orange County's Central Park."
Orange County is located in one of the busiest aviation areas in the world (two of the busiest 10 airports in the United States are within a 50-mile radius) along with a multitude of transient traffic. Currently incoming traffic to JWA crosses airspace above Huntington Beach and Newport Beach that is also used by planes preparing to land at Long Beach Municipal Airport.
In addition to Long Beach and John Wayne Airports, and
El Toro Marine Corps Air Station, commercial traffic coming and
going from Los Angeles International Airport (LAX) adds to the aerial congestion
above Orange County (40 percent of departing LAX passenger jets are routed
south over Seal Beach and then east over Lake Forest or further south to
San Diego). However, many of the flights are flying at altitudes in excess
of 10,000 feet.
Orange County is crisscrossed by a complex system of air traffic corridors and landing and take-off patterns. Much of Orange County commercial air traffic flies across complex air spaces controlled by various Federal Aviation Administration facilities. These facilities include the following: Los Angeles Terminal Radar Approach Control (LA TRACON) Center; Los Angeles Air Route Traffic Control Center (LA Center) at Palmdale; and the Coast Terminal Radar Approach Control (Coast TRACON) located at MCAS Miramar with computer and communications links at El Toro.
LA TRACON daily handles the approach and departure routes for more than 1,700 flights arriving and departing from Los Angeles International (LAX). The Los Angeles Air Route Traffic Control Center at Palmdale controls as many as 300 aircraft at a time in an oblong 180,000-square-mile rectangle of airspace covering southwest Utah, southern Nevada, western Arizona, Southern California and a stretch of the Pacific Ocean reaching 200 miles out to sea. Coast TRACON covers a 3,000-square-mile area including most of Orange County. TRACONS utilize computer-enhanced radar images to guide pilots through the Los Angeles-Orange County basin until airport tower controllers take over during final approach.
These facilities guide thousands of planes through various types of airspace above Orange County. Among these types of airspace are the following: Terminal Control Areas (TCAs), Airport Radar Service Areas (ARSAs), and Airport Traffic Areas (ATAs) (See Figure IX-5).
The Los Angeles TCA is 52 miles long, 24 miles wide and is separated into 12 zones. A pilot may not enter any part of the TCA unless he first receives a clearance from air traffic controllers. A pilot must also possess a two-way radio, VOR (very high frequency omnidirectional radio) receiver, a transponder and an encoding altimeter.
An Airport Radar Service Area (ARSA) consists of controlled airspace
extending upward iron from the surface or higher
elevation to specified altitudes, within which all aircraft are subject
to the operating rules and pilot and equipment requirement specified by
Federal Aviation Regulations (FAR Part 91). An ARSA exists in Orange
County for the airspace surrounding MCAS El Toro.
This section of the Safety Element presents a specific aircraft safety goal and policies intended to minimize existing aircraft hazards and promote aviation safety.
Goals and Objectives
The following specific goal is in addition to the General Public Safety Component Goals and Objectives found earlier in this chapter.
Goal 1
To protect the health, safety, and general welfare by ensuring the orderly expansion of airports and the adoption of measures that minimize the public’s exposure to safety hazards within areas around airports.
Policies
The following section identifies existing programs which promote aviation safety and enhance public awareness.
Support expanded public information and community liaison services as a means to public awareness.
Discussion:
This program promotes community awareness of aviation operations and
safety. As an example, open houses are held annually by the
three military air installations (MCAS, El Toro; MCAS, Tustin;
and at the Los Alamitos Army Airfield to enhance community
liaison. Public information and public involvement in the planning and
operation of the County air installationsare
is also promoted through the Airport Land Use Commission,
Airport Commission, and liaison services to local jurisdictions’ councils.
New or Existing Program: Existing
Implementation Schedule: Ongoing, expand as necessary
Responsible Agencies:
Alicia Pkwy. From Aliso Creek Rd. To Paseo de Valencia
Antonio Pkwy. From Avenida Empresa To Ortega Hwy.
Camino del Avion From Crown Valley Pkwy. To Del Obispo St.
Crown Valley Pkwy. From San Diego Fwy. To PCH
El Toro Rd. From SJHTC To Santa Margarita Pkwy.
La Paz Rd. From Crown Valley Pkwy. To Paseo de Valencia
Millennium Pkwy. From Bake To Portola Pkwy.
Moulton Pkwy. From Crown Valley Pkwy. To San Diego Fwy.
Niguel Road From Crown Valley Pkwy. To PCH
Ortega Hwy. From Antonio Pkwy. To San Diego Fwy.
Oso Pkwy. From Alicia Pkwy. To 2,000' e/o Olympiad Rd.
San Joaquin Hills Rd. From MacArthur Blvd. To Sand Canyon Rd.
Santa Margarita Pkwy. From El Toro Rd. To Melinda Rd.
From Avenida Empresa To Plano Trabuco Rd.
Street of the Golden Lantern From Crown Valley Pkwy. To Dana Point Harbor Dr.
Unnamed Arterial From Santa Margarita Pkwy. To Antonio Pkwy.
11. Appendix VII-8 Amendments.
The County is scheduled to take control of the base in July,
1999. An 800± acre The entire site is designated either
Education/Park Compatible (EPC) overlay, Open Space Reserve (OSR) overlay,
or Nature Preserve (NP) overlay; to be developed as an urban regional
park with a habitat preserve component, surrounded by a compatible setting
of institutional, open space, open space compatible, and recreational uses.
is
being planned to include two golf courses and typical urban regional park
facilities with some focus on aviation and veteran history.
The
urban regional park may contain cultural and recreational uses including:
sports parks, commercial recreation, stables, golf courses, agriculture,
wildlife corridors, museums, libraries, amphitheaters, expositions and
fairs, zoos, theaters, botanical gardens, cultural fairs and attractions,
and entertainment facilities and concessions. Veterans' memorials and cemeteries
shall also be considered appropriate.
As provided in Elections Code section 9122, this Initiative shall go into effect ten days after the date on which the election results are declared by the Board of Supervisors. Upon the effective date of this Initiative, the amendments made in Section Four of this Initiative are hereby inserted into the Orange County General Plan as amendments thereof; provided, however, that if the four amendments permitted by state law for any given calendar year have already been utilized prior to the effective date of this Initiative, the General Plan amendment shall be the first inserted into the Orange County General Plan on January 1 of the following year.
This Initiative is expressly made retroactive to April 30, 2001, and shall vitiate, render ineffective and deem invalid any activity, land use or project (and any approval of any activity, land use or project) occurring after April 30, 2001, that is inconsistent with the Initiative.
Section Six: Interim Amendments.
The Orange County General Plan in effect at the time the Notice of Intention to propose this Initiative measure ("Notice of Intention") was submitted to the Orange County Clerk, and the General Plan as amended by this Initiative measure comprise an integrated, internally consistent and compatible statement of policies for the County. In order to ensure that the Orange County General Plan remains an integrated, internally consistent and compatible statement of policies for the County, the General Plan provisions adopted by this Initiative shall prevail over any conflicting revisions to the Orange County General Plan adopted between the date of the Notice of Intention and the date the amendments adopted by this Initiative measure were inserted into the General Plan. To this end, any conflicting revisions to the Orange County General Plan adopted between the date of the Notice of Intention and the date the amendments adopted by this Initiative measure were inserted into the General Plan shall be null and void in their entirety and without any legal effect whatsoever.
Section Seven: Construction.
To the maximum extent authorized by law, this Initiative shall be interpreted in a manner consistent with the right of initiative reserved to the people by the California Constitution. Without limiting the generality of the foregoing, nothing in this Initiative is intended to diminish or otherwise alter applicable requirements of any state or federal law. Nothing in this Initiative shall be interpreted to impose any land use restriction or other limitation on any lands within the incorporated area of any city, or to restrict the authority of the Orange County Local Agency Formation Commission.
Section Eight: Severability.
If any portion of this Initiative is declared invalid by a court, that invalidity shall not affect other provisions or application of the Initiative which can be given effect without the invalid provision, and to this end the provisions of the Initiative are severable.
If a conflict exists between this Initiative and any other measure, which the voters at the same election approve, the provisions of this Initiative shall take effect except to the extent they are in direct conflict with the provisions of such other measure and the other measure receives a greater number of votes.
Section Nine: Amendment.
This Initiative may be amended only by a vote of the people at a regular election held in accordance with the requirements of the California Elections Code.
Section Ten: Technical Corrections.
The Clerk of the County of Orange is hereby directed to reprint the Orange County General Plan to reflect the adoption of this Initiative. The Clerk is hereby authorized and directed to make any technical corrections in the pagination, paragraph numbering, maps and other similar technical and ministerial aspects of the Orange County General Plan as may be necessary to insure that the Orange County General Plan, as amended by this Initiative, accurately and completely reflects the amendments to the Orange County General Plan adopted by this Initiative.