THE ORANGE COUNTY CENTRAL PARK AND NATURE PRESERVE INITIATIVE

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 People of the County of Orange find and declare the following:
  1. Effect of Measure. This Initiative amends the Orange County General Plan to authorize the closed Marine Corps Air Station El Toro ("El Toro") to be used for non-aviation uses, including a multi-purpose central park, open space, nature preserve, universities and schools, cultural facilities, and other interim and long-term uses described herein.
  2. Purpose. This Initiative will allow for the creation of one of America’s greatest parks, with open space, sports and recreation facilities, museums, libraries, arts and cultural attractions, and a home for major universities and research centers. It will also not generate the traffic, congestion, noise, and air pollution associated with the development of a commercial airport.
  3. A Better Plan for El Toro. Orange County residents deserve a better plan than an airport for El Toro. The Orange County Central Park and Nature Preserve Initiative will unify our communities and improve the quality of life for every County resident by allowing El Toro to be used as a central location for the County's civic life, including public recreation, open space, education, cultural facilities, and a nature preserve.
  4. No New Taxes. This Initiative does not raise taxes. In addition to seven square miles of land, the military housing and commercial buildings on the site can produce enough revenue to cover the cost of creating one of America’s greatest parks.
  5. The Need for a Central Park in Orange County. Population growth in Orange County has caused the County to become increasingly dense and congested. As a result, there is wide recognition of the need to expand essential recreational, park, open space, and cultural facilities to create an oasis that will allow our residents to engage in healthy family activities. The establishment of a major central park in Orange County will help fulfill this need.
  6. Quality of Life is Important to the Economic Health of the County. The quality of life in Orange County is a significant asset to business and is a key element in attracting and keeping high paying jobs and a quality workforce in a competitive marketplace. This Initiative will greatly enhance our quality of life here in Orange County.
  7. Need for Educational Facilities. Orange County needs additional educational facilities. Designating land for educational institutions will help to relieve taxpayers of the burden of acquiring sites for school facilities. The California State University Fullerton has an identified need for a 300-acre campus in the central County area, and El Toro has room enough for that campus and a variety of other educational facilities.
  8. Advantages of the El Toro Site for Use as a Central Park. The central location and accessibility of El Toro will provide Orange County's three million residents with an opportunity to enjoy a park on a par with Golden Gate Park and The Presidio in San Francisco, Griffith Park in Los Angeles, and Balboa Park in San Diego. The advantages of the site for use as a central park include the following:
    1. Size. El Toro consists of seven square miles of publicly owned land in the heart of Orange County. The size of the El Toro property makes it ideal for a multi-purpose central park, including ample space for universities and schools, museums, botanical gardens, sports and recreational facilities, a memorial to Orange County veterans and other compatible uses.
    2. Availability for Public Uses at No Cost. Under the federal base closure law, El Toro may be designated for public uses at no cost to Orange County taxpayers.
    3. Accessibility. El Toro can be reached easily via the I-5, I-405 and S.R. 133 freeways, the Foothill and Eastern Transportation Corridors and the Irvine Transportation Center.
  9. Balancing Regional Costs and Benefits. In a rapidly-growing area such as Southern California, it is inevitable that there is more than one important regional need that could be met through the availability of a large area of publicly-owned land. Any use is likely to have regional benefits and costs, either directly (through negative effects such as noise and pollution) or indirectly, by foreclosing other uses. In determining that a multi-purpose central park use on the El Toro site will provide greater regional benefits than a commercial airport, the following factors have been considered:
    1. The creation of a multi-purpose central park is dependent on three key factors: location, price, and size. The El Toro site uniquely meets all of these requirements. The park will generate regional and state-wide economic benefits from tourism, education, and the attraction of businesses to the area. In addition, the park will also create less tangible but equally important quality of life benefits, while regional air transportation demand can be satisfied through alternatives to the establishment of an airport at El Toro.
    2. A significant portion of the regional air transportation need will be met through better utilization of the existing six commercial airports in Southern California. In addition, new airports are proposed for the former March Air Force Base in Riverside County, the former Norton Air Force Base in San Bernardino, and the former George Air Force Base in Victorville. Another airport exists at Palmdale, and the Ontario International Airport has recently been expanded and has significant unused capacity. These proposed airports and the Ontario International Airport are well located to serve the substantial projected population growth in Riverside, San Bernardino and northern Los Angeles Counties. In contrast, El Toro is poorly located to serve Riverside, San Bernardino and Los Angeles Counties. An airport at El Toro is not needed to serve the limited population increase projected for Orange County.
    3. A new airport at El Toro would also impose enormous regional costs far outweighing economic benefit, including safety hazards, noise, excess traffic, pollution, and a loss of the opportunity to establish a major new central park.
    4. The Initiative provides for interim uses including housing, and allows for housing and related services as required by federal law.
  10. Summary. This Initiative:
    1. Amends the General Plan of the County of Orange by repealing the aviation reuse designation for El Toro and other provisions enacted by Measure A in 1994; and
2. Replaces the aviation use designation with non-aviation designations to ensure that the property will become a multi-use center for education, park, recreation, cultural and other public-oriented uses. These designations permit the development of El Toro over time, thus allowing future generations to determine specific uses consistent with this Initiative. Section Three: Measure A Repealed.

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:

ORANGE COUNTY/EL TORO ECONOMIC STIMULUS INITIATIVE

The people of the County of Orange hereby ordain as follows:

Section One -- Purpose and Findings.

A. Purpose. This initiative recognizes that the highest and best civilian use for the El Toro Marine Corps Air Station ("MCAS") is as a civilian airport providing a substantial portion of Orange County's air passenger and air cargo needs in conjunction with other activities compatible with such uses.

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.

Section Four: General Plan Amendment.

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.

1. Introduction Amendments. a. The fourth paragraph of the "History of the Orange County General Plan" discussion in the Introduction (pages I-3 and I-4) is hereby deleted as shown below: On November 8, 1994, the voters of Orange County approved Measure A, an initiative that amended the General Plan "to provide that certain unincorporated lands within Marine Corps Air Station (MCAS) El Toro 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". This amendment included changes to six of the nine General Plan Elements: Land Use, Public Services and Facilities, Noise, Safety, Recreation, and Resources. 2. Background for Planning Amendments. a. The second, third and fourth bullets in the "Public Services and Facilities" discussion under "Background for Planning" (page II-12) are hereby amended to read as follows: b. Footnotes 1, 2 and 3 on page II-12 are hereby deleted as shown below: 1Language inserted per the Measure A Initiative, "Amend the Orange County General Plan to Designate Marine Corps Air Station El Toro for Civil Aviation and Related Uses," approved by voters on November 8, 1994.

2Ibid.

3Ibid.

3. Land Use Element Amendments. a. The "Noise" discussion under "Environmental Constraints" in the Land Use Element (page III-3) is hereby amended to read as follows: NOISE

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.

b. Map III-1 of the Land Use Element (shown as Exhibit 1 attached hereto), entitled "Orange County General Plan," showing land use designations in Orange County (page III-11), and showing El Toro as "Public Facilities," is hereby amended to delete the "Public Facilities" designation for El Toro and to show the land use designations adopted by this Initiative depicted in Exhibit 10, "Orange County's Central Park."

c. The first paragraph of the "Public Facilities" discussion in the Land Use Element (page III-17) is hereby amended as follows:

The Public Facilities (4) land use category identifies major facilities built and maintained for public use. Included are civic buildings, airports, junior colleges, military installations, correctional institutions, hospitals, solid waste facilities, water facilities, and sewer facilities. Childcare facilities will be permitted, if appropriate. This category includes the El Toro Marine Corps Air Station ("MCAS El Toro") which Congress, in September 1993, approved for closure pursuant to the Defense Base Closure and Realignment Act of 1990. Closure is to be completed by mid-19991. d. Footnote 1 on page III-17 is hereby deleted as shown below: 1Language inserted per the Measure A Initiative, "Amend the Orange County General Plan to designate Marine Corps Air Station El Toro for Civil Aviation and Related Uses," approved by voters on November 8, 1994.

As used throughout this document, closure of MCAS El Toro means operational closure, i.e., cessation of regular air operations.

e. The "Open Space" discussion in the Land Use Element (pages III-18 and III-19) is hereby amended to read as follows: Open Space

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:

Generally, building sites within this category should be large; the area covered by structures and parking should not exceed 20% in order to blend development with the natural surroundings. Innovative design solutions are encouraged to incorporate buildings and parking into the natural features of the site as well as to maximize the efficient use of energy.

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.

This The Open Space Reserve (OSR) overlay is intended to reflect the Resources and Recreation Elements of the General Plan. It identifies major parks, beaches, forests, harbors and other territory that will always remain open space. The Education/Park Compatible (EPC) overlay includes portions of El Toro for low intensity development compatible with adjacent Open Space Reserve (OSR) land uses. The EPC overlay allows educational facilities and supporting research and development and cultural and recreational uses. The Nature Preserve (NP) overlay applies to the area in the northeast portion of El Toro, shown on Map III-1, to remain in federal ownership, or subsequent local ownership, for the purpose of preserving natural habitat in accordance with the Central/Coastal Orange County Natural Communities Conservation Plan. f. Table III-1 of the Land Use Element, entitled "Building Intensity/Population Density Standards" (pages III-22 through III-25), is hereby amended to read as follows:
 
 
TABLE III-1. BUILDING INTENSITY/POPULATION DENSITY STANDARDS
CATEGORY
TYPICAL CHARACTERISTICS/USES
INTENSITY/DENSITY CHARACTERISTICS AND STANDARDS*
Rural Residential (1A)
  • Limited residential use compatible with the natural character of the terrain
  • Development may require special consideration due to topography and other factors
  • 0.025 to 0.5 Dwelling Units per Acre (DU/AC)
  • 3.21 Persons per DU
  • 0-2 Persons Per Acre
Suburban Residential (1B)
  • Wide range of housing types, from estates on large lots to attached dwelling units (townhomes, condominiums, and clustered arrangements)
  • Permits the greatest flexibility for residential development
  • 0.5 to 18.0 DU/AC
  • 2.59 Persons per DU
  • 1-47 Persons per Acre
Urban Residential (1C)
  • Intensive residential uses such as apartments, condominiums, townhomes and clustered residential units
  • 18 and above DU/AC
  • l.99 Persons per DU
  • >36 Persons per Acre
Community Commercial (2A)**
  • Provides a wide range of facilities for convenience goods and retail trade including tourist recreation businesses, and community services (i.e., childcare facilities)
  • Typical tenants include supermarkets, restaurants, movie theaters and banks
  • Generally limited in scope to approximately 10 to 40 acres
  • Intended to serve a market area exceeding 20,000 persons
  • 0.50 FAR
  • 45 Employees per Acre
Regional Commercial (2B)**
  • Identifies major, high-intensity commercial activities requiring centralized locations in order to serve large urban populations at the regional or subregional level
  • Typical tenants include major department stores and specialty shops
  • Childcare facilities will be permitted, if appropriate.
  • Generally range between 75 and 125 acres in size
  • Serves a market area in excess of 100,000 persons
  • 0.50 FAR
  • 45 Employees per Acre
Employment (3)**
  • Typical tenants include employment generators, usually light and service industries or professional-administrative office uses
  • Characterized by few nuisance or hazard problems
  • Locations of individual employment facilities intended to be compatible with one another and with surrounding areas
  • Materials recovery/recycling facilities permitted, if appropriately located and compatible with surrounding uses
  • Childcare facilities permitted, if appropriate
  • 0.75 FAR
  • 130 Employees per Acre
Public Facilities (4)**
  • Identifies major facilities built and maintained for public use
  • Facilities include civic buildings, airports, junior colleges, military installations, correctional institutions, hospitals, solid waste facilities, water facilities, and sewer facilities
  • Childcare facilities will be permitted, if appropriate.
  • Includes the El Toro Marine Corps Air Station ("MCAS El Toro ") which Congress, in September, 1993, approved for closure pursuant to the Defense Base Closure and Realignment Act of 1990
  • 0.75 FAR
  • 130 Employees per Acre
  • Buildings permitted within this category typically reflect a wide range of intensity/density characteristics
  • Airports, correctional institutions, water and sewer facilities generally have a low FAR and employee per acre ratio. Civic buildings such as city halls, however, can be comparable to offer developments built within the Employment (3) land use category which reflect higher FARs and employee occupancy.
  • The FAR and employee per acre standards for the Public Facilities (4) category reflect the intensity/density characteristics of typical office development to allow for the full range of land uses permitted in this category.
Landfill Site (LS)**
  • Identifies existing and planned solid waste facilities
  • Indicates that the current and near-term use of the land shall be limited to landfill operations, which may include materials recovery/recycling facilities, and accessory uses (e.g., borrow site areas, buffer areas, access roads) until the completion of landfill site operations and closure of the landfill facility
 
Open Space (5)**
  • Indicates the current and near-term use of the land, most of which is zoned agricultural
  • Provides for limited land uses that do not require a commitment of significant urban infrastructure
  • Examples of compatible uses include:
  • Land containing non-renewable and renewable resource areas, prime agricultural soils and water resource areas
  • Materials recovery/recycling facilities if the design of the facility does not adversely impact its open space surroundings, or if the facility is operated in conjunction with other refuse-oriented facilities (i.e., landfills)
  • Employment uses in conjunction with large open space areas if they are consistent with the open space character of the area
  • Opportunities for low-intensity, high technology, industrial, research and development, office and educational uses and childcare facilities which do not require a commitment of significant urban infrastructure
  • Generally, building sites within this category should be large
  • Max. Bldg. Height: 35'
  • Max. Site Coverage: the area covered by structures and parking should not exceed 20% in order to blend development with the natural surroundings.
  • 9 Employees per Acre
 
Open Space Reserve (OSR)**
  • Identifies major parks, beaches, forests, harbors and other territory that will always remain open space, including urban regional parks, natural regional parks, wilderness regional parks, and County wilderness areas
  • Includes substantial portions of Orange County’s Central Park; a description of the proposed recreational facilities within Orange County’s Central Park is included in Appendix VII-8
  • An urban regional park may include, but shall not be limited to, one or more of the following recreational facilities: public and private sport centers, play fields, golf courses, riding and hiking trails, County bikeways, and swimming facilities, as well as passive activities and other day uses, including existing and expanded public facilities; the urban regional park’s environmental resources are generally naturalized and created through landform alteration and planting; special funding mechanisms, such as concessionaire or private sponsorship, may be available for construction and ongoing maintenance of the facilities
  • Permits cultural and recreational uses within Orange County’s Central Park such as: 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
  • Provides for leasing opportunities at El Toro pending transition to park-compatible development including but not limited to leasing of El Toro facilities, agriculture, plant nurseries, material recovery/recycling facilities, recreation, housing and employment, except that no aviation related activities are allowed
  • Permits housing at El Toro within existing housing units to the extent required by federal law; also permits uses to satisfy homeless assistance requirements of federal law
  • Max. Bldg. Height: 18’, except for Orange County’s Central Park, where the maximum building height shall be 50’ (except that 10% of all structures at ultimate development may be up to 100’)
  • Max. Site Coverage: 10%, except for Orange County’s Central Park, where the maximum site coverage shall be 10% calculated exclusive of parking lots
 
Nature Preserve
(NP)
  • Includes only the northeast portion (shown on Map III-1) of Orange County’s Central Park to conserve natural resources and protect habitat consistent with the Central/Coastal Orange County Natural Communities Conservation Plan ("NCCP")
  • Provides for the continued preservation of threatened or endangered species habitat, including habitat for the California gnatcatcher, in a coastal chaparral and sage scrub setting, to become part of the NCCP Preserve created in 1996 pursuant to California Fish and Game Code sections 2800 et seq. and 16 U.S.C. § 1539(a)(1)(B)
  • Permits only passive recreational uses, such as organized, docent led hiking, and nature study with affiliated scientific research, and only structures associated with utility connections; motorized or other vehicle access by permit only in connection with these uses and/or emergency access
  • Max. Bldg. Height: 50’ for structures such as water tanks and observation towers
  • Maximum Site Coverage: Not stated; structures permitted only to support passive recreational uses
 
Education/Park Compatible (EPC)
  • Indicates long term uses for low intensity development compatible with adjacent Open Space Reserve (OSR) land uses
  • Provides for leasing opportunities at El Toro pending transition to park-compatible development including but not limited to leasing of El Toro facilities, agriculture, plant nurseries, material recovery/recycling facilities, recreation, housing and employment, except that no aviation related uses are allowed
  • Provides for educational uses and supporting research and development, including infrastructure improvements, health care facilities, child care facilities, transportation facilities, and housing, to support educational uses
  • Permits cultural and recreational uses such as: sports parks, commercial recreation, agriculture, museums, libraries, amphitheaters, expositions and fairs, theaters, cultural fairs and attractions, and entertainment facilities and concessions
  • Permits facilities built and maintained for public use, including rail, bus and transit services
  • Permits housing at El Toro within existing housing units to the extent required by federal law; also permits uses to satisfy homeless assistance required by federal law
  • Max. Bldg. Height: 50’, except that 10% of all structures at ultimate development may be up to 100’
  • Max. Site Coverage: The area covered by structures, exclusive of parking lots, shall not exceed 20%
  • 0.40 FAR
  • 45 Employees per Acre
 
Urban Activity Center (6)**
  • Identifies locations intended for high-intensity mixed-use development
  • Appropriate land uses include, but are not limited to, residential, commercial, office, industrial park, materials recovery/recycling facility, civic, cultural, educational facilities, and childcare facilities
  • Characterized by a diversity of housing opportunities; the vertical and horizontal mixing of retail, office, and residential uses; the development of mid-rise structures accommodating both residential and employment activities; and the inclusion of cultural, civic, educational, and urban recreational uses promoting both daytime and evening activities 
  • Located adjacent to major transportation corridors and accessible to public transit facilities
  • Full development of an Urban Activity Center is a long-term process (probably in excess of 20 years) due to its complexity and size. Interim uses may, therefore, be appropriate
  • Necessary to apply special development regulations, tailored to each center, to ensure that the ultimate development pattern is consistent with the intent of the category
Residential Uses
  • 18 and above DU/AC
  • >36 Persons per Acre
Non-Residential Uses
  • 0.75 FAR
  • 130 Employees per Acre
 

  * These standards refer to the maximum amount of development permitted for each land use designation. Development must also comply with the Zoning Code or Specific Plan requirements, and is not guaranteed to achieve the designated intensity.

** 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:

Objectives and Policies

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.

h. The "Major Land Use Element Policies" discussion in the Land Use Element (page III-27) is hereby amended to read as follows: Major Land Use Element 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.

i. The heading "13. MCAS EL TORO" and the ensuing paragraphs, including policies 13.1 through 13.7 of the "Major Land Use Element Policies" discussion in the Land Use Element (pages III-32 through III-38), are hereby deleted as shown below:

13. MCAS EL TORO

The following policies establish a framework for the reuse planning process and for land use decisions following closure of Marine Corps Air Station (MCAS) El Toro.

13.1 Civilian Airport Use

In light of its current use as a military airport supporting operation of aircraft of varying sizes and weights, MCAS El Toro presents an opportunity to develop an additional airport in the County to respond to the need for increased airport capacity identified in the Public Services and Facilities Element of the Orange County General Plan. 13.2 Planning Area Designation All unincorporated land which was a part of the MCAS El Toro on March 1, 1994 and which lies within the area bounded by Irvine Boulevard to the northeast, Alton Parkway and the city limits of the City of Irvine to the southeast, the Atchinson, Topeka and Santa Fe Railroad to the southwest, and Sand Canyon Avenue to the northwest, shall retain the "Public Facilities" designation and shall be referred to more specifically hereinafter as "the El Toro Airport Planning Area." Figure III-3 illustrates the general boundaries of the El Toro Airport Planning Area. Those unincorporated lands within MCAS El Toro on March 1, 1994 and not included in the El Toro Airport Planning Area may be redesignated.

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.

13.3 Revenue Sharing Because the MCAS El Toro is a countywide resource, its closure and reuse will have effects throughout the County. The reuse process for MCAS El Toro may lead to the generation of non-tax County revenues which are not necessary or legally required to be used for airport purposes, or otherwise lawfully dedicated to specific purposes.

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.

13.4 Airport Land Uses To the maximum extent feasible consistent with federal and state law, all land uses in the El Toro Airport Planning Area shall comply with the following policies: 13.41 Civilian Airport Policy

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.

13.42 Interim Joint Use Policy Pending closure of MCAS El Toro and to the extent authorized under state and federal law, lands within the El Toro Airport Planning Area should be used jointly by military aircraft and commercial air cargo aircraft. The County shall work with MCAS El Toro to develop a joint use plan and seek approval for joint use operations as soon as possible. 13.43 Air Cargo Policy Upon establishment of a civilian airport at MCAS El Toro, the County’s air cargo service needs should be met within the El Toro Airport Planning Area. 13.5 Public Participation

13.51 Membership & Organization

The El Toro Airport Citizens Advisory Commission shall have thirteen members. Two members shall be appointed by the Board of Supervisors. Five members, one from each Supervisorial District, shall be appointed by the Orange County League of Cities Selection Committee ("City Selection Committee").

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.

13.52 Responsibilities The El Toro Airport Citizens Advisory Commission shall (i), review all draft plans and statements of policy prepared by or submitted to the County concerning land use within the El Toro Planning Area and adjoining MCAS El Toro land; (ii) make recommendations regarding such plans and policies to the County Planning Commission and Board of Supervisors; (iii) work with MCAS El Toro, other federal agencies, state and local government agencies and commissions, and the air cargo industry to facilitate and promote joint use of MCAS El Toro by the military and commercial air cargo carriers prior to closure of MCAS El Toro; (iv) work with federal and state government agencies and other local agencies and commissions in connection with the planning and development of an airport at El Toro; and (v) if requested by the Board of Supervisors, prepare a study regarding adjustment of the boundaries of the El Toro Airport Planning Area. 13.6 Policy Amendments The boundaries of the El Toro Airport Planning Area and the foregoing policies regarding land uses within the El Toro Airport Planning Area may be amended as follows: 13.61 Conformity with Federal or State Decisions If a federal or state agency with lawful jurisdiction (I) imposes an airport approval condition requiring adjustment of the El Toro Planning Area boundary or (II) makes a final determination denying an approval required for establishment or operation of any airport within the El Toro Airport Planning Area, and that condition and determination is not challenged in a judicial proceeding within the applicable statute of limitations or, if challenged, is upheld in a final judgment, the Board of Supervisors may (i) amend the boundaries of the El Toro Airport Planning Area and the policies above to the extent necessary to conform to the federal or state agency approval condition; or (ii) if the federal or state agency determination precludes the operation of any airport within the El Toro Airport Planning Area, repeal Policies 13.1, 13.2, 13.4, 13.5 and 13.6.

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.

13.63 Interference with Property Rights It is the intention of the Orange County/El Toro Economic Stimulus Initiative that civilian air cargo and passenger use of MCAS El Toro shall cause less adverse impacts to adjoining private property owners and occupants than impacts imposed by military flight operations.

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.

13.64 Countywide Election The boundaries of the El Toro Planning Area and related general plan provisions enacted by the Orange County/El Toro Economic Stimulus Initiative may be amended by a majority vote of those voting in any countywide election. 13.7 Duration Policies 13.1 through 13.7 of this Land Use Element, Figure III-3 of this Land Use Element, and Policy 5 in Chapter V, the Public Services and Facilities Element, regarding the unincorporated lands included within MCAS El Toro were adopted by the People of the County of Orange by the Orange County/El Toro Economic Stimulus Initiative in furtherance of meeting the County’s projected air transportation needs and promoting economic development.

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

j. Figure III-3 of the Land Use Element (shown as Exhibit 2 attached hereto), entitled "Illustrative Depiction of the El Toro Airport Planning Area," showing the planning area for an airport at El Toro (page III-33), is hereby deleted, consistent with the land use designations depicted in Exhibit 10, "Orange County's Central Park."

k. Footnote 4 on page III-38 is hereby deleted as shown below:

4Language inserted per the Measure A Initiative, "Amend the Orange County General Plan to Designate Marine Corps Air Station El Toro for Civil Aviation and Related Uses," approved by voters on November 8, 1994.
4. Transportation Element Amendments. a. Figure IV-1 of the Transportation Element (shown as Exhibit 3 attached hereto), entitled "Circulation Plan," showing all major streets and highways in the County (page IV-5), is hereby amended to show the circulation components adopted by this Initiative depicted in Exhibit 10, "Orange County's Central Park," to show Trabuco as a 6-lane Major Arterial Highway, Millennium Parkway as a 4-lane Primary Arterial Highway and Marine Way as a 4-lane undivided Secondary Arterial Highway.

b. The "Road Improvement Monitoring" discussion in the Transportation Element (page IV-23) is hereby amended to read as follows:

6. ROAD IMPROVEMENT MONITORING a) Monitoring Report

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.

c. Figure IV-3 of the Transportation Element (shown as Exhibit 4 attached hereto), entitled "Scenic Highway Plan," showing those roads designated as landscape or viewscape corridors (page IV-35), is hereby amended to show Millennium Parkway as a Landscape Corridor consistent with the land use designations depicted in Exhibit 10, "Orange County's Central Park."
5. Public Services and Facilities Element Amendments. a. The "Environmental Opportunities" discussion in the Public Services and Facilities Element (page V-8) is hereby amended to read as follows: The amount of undeveloped land in Orange County, particularly in the unincorporated area, can provide unique opportunities to consider and address public service facilities concerns through innovative land use planning.

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

b. Footnote 1 on page V-8 is hereby deleted as shown below: 1Language inserted per the Measure A Initiative, "Amend the Orange County General Plan to Designate Marine Corps Air Station El Toro for Civil Aviation and Related Uses," approved by voters on November 8, 1994. c. The "Policies" discussion in the "General Public Services and Facilities Goals, Objectives and Policies" in the Public Services and Facilities Element (pages V-10 and V-11) is hereby amended to read as follows:

Policies

1. PHASING AND FUNDING

To implement public facilities in a manner that supports the implementation of the overall land use development policies and the needs of County residents and is consistent with the funding capabilities of the County.

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.

    1. INTERGOVERNMENTAL COORDINATION
To encourage and support a cooperative effort among all agencies towards the implementation of necessary public facilities through intergovernmental activities. 5. REUSE OF EL TORO MCAS To make maximum use of existing infrastructure investments, encourage and support a cooperative effort among all agencies towards development of an airport serving a substantial portion of the County's air passenger and air cargo transportation needs at the El Toro MCAS.2 d. Footnote 2 on page V-11 is hereby deleted as shown below: 2Language inserted per the Measure A Initiative, "Amend the Orange County General Plan to Designate Marine Corps Air Station at El Toro for Civil Aviation and Related Uses," approved by voters on November 8, 1994. e. The "Air Travel – John Wayne Airport" discussion in the Public Services and Facilities Element (pages V-56 through V-58) is hereby amended to read as follows: Air Travel – John Wayne Airport

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

f. Footnote 3 on page V-58 is hereby deleted as shown below: 3Language inserted per the Measure A Initiative, "Amend the Orange County General Plan to Designate Marine Corps Air Station El Toro for Civil Aviation and Related Uses," approved by voters on November 8, 1994. g. The "Air Transportation" discussion in the Public Services and Facilities Element (page V-61) is hereby amended to read as follows: AIR TRANSPORTATION

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.

h. Footnote 4 on page V-61 is hereby deleted as shown below: 4Language inserted per the Measure A Initiative, "Amend the Orange County General Plan to Designate Marine Corps Air Station El Toro for Civic Aviation and Related Uses," approved by voters on November 8, 1994.
6. Resources Element Amendments. a. Figure VI-5 of the Resources Element (shown as Exhibit 5 attached hereto), entitled "Open Space/Conservation Program Map," showing regional parks and open space corridors (page VI-20), is hereby amended to show the open space designations adopted by this Initiative depicted in Exhibit 10, "Orange County's Central Park."

b. The "Indirect Source: Airport Ground Access" discussion in the Resources Element (page VI-84) is hereby amended to read as follows:

    1. INDIRECT SOURCE: AIRPORT GROUND ACCESS
Action:

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:

Source of Funds: Various funding sources. c. Footnote 1 on page VI-84 is hereby deleted as shown below: 1Language inserted per the Measure A initiative, "Amend the Orange County General Plan to designate Marine Corps Air Station El Toro for Civil Aviation and Related Uses," approved by the voters on November 8, 1994.
    1. The "Open Space/Conservation Program Map" discussion in the Resources Element (page VI-90) is hereby amended to read as follows:
Open Space/Conservation Program Map

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.

e. Goal 4 under the "Goals, Objectives and Policies: Open Space" discussion in the Resources Element (page VI-103) is hereby amended to read as follows: Goal 4

Conserve open space lands needed for recreation, education, and scientific activities, as well as cultural-historic preservation.

      1. To encourage the conservation of open space lands which provide recreational scenic, scientific, and educational opportunities.
      1. To plan for the acquisition, development, maintenance, operation, and financing of open space lands which provide recreational, scenic, aesthetic, scientific, and educational opportunities.
      2. To significantly expand the urban regional park system through the conversion of El Toro into Orange County's Central Park.
7. Recreation Element Amendments. a. The "Noise" discussion under "Environmental Constraints" in the Recreation Element (page VII-2) is hereby amended to read as follows: NOISE

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.

b. The "Regional Parks" discussion in the Recreation Element (pages VII-39 and VII-40) is hereby amended to read as follows: REGIONAL PARKS

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:

A regional park, generally located within an urbanized area, which provides any one or number of intense recreational facilities such as sport centers, playfields, golf courses, riding and hiking trails, county bikeways, and swimming, as well as the more passive activities of picnicking and camping. The park's environmental resources are generally man-made and domesticated and the principal attractions are constructed by man. The closure of El Toro affords the County an unparalleled opportunity to expand urban regional park facilities through the creation of Orange County’s Central Park. This special urban regional park is intended to include a wide range of the typical active recreation uses of an urban regional park. In addition, Orange County’s Central Park is planned to have within it a nature preserve area, defined by the NP overlay designation in the Land Use Element. Orange County’s Central Park will also include a variety of civic, educational and related research and development and housing uses as defined by the EPC overlay designation in the Land Use Element. Combining the features of several land use categories, Orange County’s Central Park is a unique civic resource at the geographic heart of the County. A regional park which is in a more natural setting with predominant aesthetic and passive type activities such as picnicking, camping, nature and hiking trails, support facilities, and limited organized recreation. Development may be limited to necessary utilities, leaving the area in as near natural state as possible, with minimal domestication, in recognition that natural topography and biological resources of the site are the principal attractions of the park. A regional park is which the land retains its primeval character with minimal improvements and which is managed and protected to preserve natural processes.

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.

An area within a regional park with the same characteristics as a wilderness Regional Park. County wilderness areas exist essentially as overlays on portions of natural regional parks. c. The "Proposed Regional Recreation Facilities" list of the Recreation Element (pages VII-43 and VII-44) is hereby amended to read as follows:

PROPOSED REGIONAL RECREATION FACILITIES

d. Goal 1 of the "Goals, Objectives and Policies" in the Recreation Element (page VII-44) is hereby amended to read as follows: Goals, Objectives and Policies The County’s goals constitute a formal statement of the quality of life desired by its citizens. The objectives are more measurable targets against which actions may be evaluated. Policies represent the intervening step between goals and objectives and the implementing actions. They provide important guidance for decision-makers in directing the future development of the county and, as such, perform a major function of this plan. Goal 1 To provide a regional recreation network to meet the regional recreation needs of existing and future residents of the entire County.
      1. To designate sites for regional recreation facilities to meet the regional recreation needs of existing and future County residents.
      2. To utilize the unparalleled opportunities afforded by the closure of El Toro to create Orange County's Central Park.
e. Figure VII-2 of the Recreation Element (shown as Exhibit 6 attached hereto), entitled "Master Plan of Regional Recreation Facilities," showing existing and proposed regional recreation sites (following page VII-57), is hereby amended to show designation of Orange County's Central Park as a proposed regional park, consistent with the land use designations depicted in Exhibit 10, "Orange County's Central Park." Figure VII-2 is further amended by deleting the reference to "El Toro MCAS Regional Park" and replacing it with reference to "Orange County's Central Park," consistent with the land use designations depicted in Exhibit 10, "Orange County's Central Park." 8. Noise Element Amendments. a. The "Relationship to Federal, State and Local Agency Plans and Programs" discussion in the Noise Element (pages VIII-3 through VIII-5) is hereby amended to read as follows: RELATIONSHIP TO FEDERAL, STATE AND LOCAL AGENCY PLANS AND PROGRAMS

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

b. Footnote 1 on page VIII-4 is hereby deleted as shown below: 1Language inserted per the Measure A Initiative, "Amend the Orange County General Plan to designate Marine Corps Air Station El Toro for Civil Aviation and Related Uses," approved by voters on November 8, 1994. c. Footnote 2 on page VIII-5 is hereby deleted as shown below: 2Language inserted per the Measure A Initiative, "Amend the Orange County General Plan to Designate Marine Corps Air Station El Toro for Civil Aviation and Related Uses," approved by voters on November 8, 1994. d. The first eleven paragraphs of "The Existing Noise Environment" discussion in the Noise Element (pages VIII-9 through VIII-11) are hereby amended to read as follows: THE EXISTING NOISE ENVIRONMENT

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.

e. Footnote 5 on page VIII-10 is hereby deleted as shown below: 5Language inserted per the Measure A Initiative, "Amend the Orange County General Plan to Designate Marine Corps Air Station El Toro for Civil Aviation and Related Uses," approved by voters on November 8, 1994. f. Figure VIII-2 of the Noise Element (shown as Exhibit 7 attached hereto), entitled "Generalized Noise Equivalent Level Contours From Air Facilities," showing the areas most affected by aircraft noise around airports (page VIII-12), is hereby amended by deleting the noise contours around El Toro and by deleting the reference to "MCAS El Toro," consistent with the land use designations depicted in Exhibit 10, "Orange County's Central Park."

g. The "Analysis of Future Conditions" discussion in the Noise Element (pages VIII-18 through VIII-21) is hereby amended to read as follows:

ANALYSIS OF FUTURE CONDITIONS

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.

h. Footnote 7 on page VIII-20 is hereby deleted as shown below: 7Language inserted per the Measure A Initiative, "Amend the Orange County General Plan to Designate Marine Corps Air Station El Toro for Civil Aviation and Related Uses," approved by voters on November 8, 1994. i. The "Objectives, Assumptions, and Definitions" discussion in the Noise Element (pages VIII-22, VIII-23, VIII-26, and VIII-27) is hereby amended to read as follows: Objectives, Assumptions, and Definitions

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.

8"Outdoor living area" is a term used by the County of Orange to define spaces that are associated with residential land uses typically used for passive recreational activities or other noise-sensitive uses. Such spaces include patio areas, barbecue areas, jacuzzi areas, etc. associated with residential uses; outdoor patient recovery or resting areas associated with hospitals, convalescent hospitals, or rest homes; outdoor areas associated with places of worship which have a significant role in services or other educational purposes which may be adversely impacted by noise. Outdoor areas usually not included in this definition are: front yard areas, driveways, greenbelts, maintenance areas, and storage areas associated with residential land uses; exterior areas at hospitals that are not used for patient activities; outdoor areas associated with places of worship and principally used for short-term social gatherings; and outdoor areas associated with school facilities that are not typically associated with educational uses prone to adverse noise impacts (for example, school play yard areas).
j. The "Public Information and Notification" discussion in the Noise Element (pages VIII-29 and VIII-30) is hereby amended to read as follows: 2. PUBLIC INFORMATION AND NOTIFICATION

To disseminate public information regarding noise and programs to reduce noise levels and their impacts.

      1. To provide information to the public regarding the health effects of high noise levels and means of mitigating such levels.
      2. To provide information regarding Noise Referral Zones and noise attenuation measures to developers and the public.
      3. To cooperate with industry to develop public information programs on noise abatement.
      4. To require that prospective purchasers or end users of property be notified of overflight, sight and sound of routine aircraft operations by all effective means including:
a) Requiring new residential subdivisions which are located within the 60-decibel CNEL noise contour or are subject to overflight, sight and sound of aircraft operating from MCAS, El Toro (including any civilian airport at that site following its closure for military purposes)10 or John Wayne Airport to have such information included in the State of California Final Subdivision Public Report.

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.

    1. Any other appropriate means as specifically directed by the Board of Supervisors.
These policies are implemented at various stages of the development review process. The intent of this section is to utilize the most efficient means of providing appropriate noticing. Thus, some of these steps occur at the tract map stage; others at the building permit stage. k. Footnote 10 on page VIII-29 is hereby deleted as shown below: 10Language inserted per the Measure A Initiative, "Amend the Orange County General Plan to Designate Marine Corps Air Station El Toro for Civil Aviation and Related Uses," approved by voters on November 8, 1994. 9. Safety Element Amendments. a. The "Aircraft Environment" discussion in the Safety Element (pages IX-50, IX-51, IX-52, IX-55, and IX-56) is hereby amended to read as follows:

Aircraft Environment

[Note: A comprehensive update to the Aircraft Environment section will be completed as part of a future General Plan Amendment.]

Introduction

Aircraft provide a valuable and necessary service to Orange County residents and businesses. Orange County is unique among most counties in California because commercial, general, and military aviation facilities are located within its borders. These facilities generate a high level of air traffic which is further influenced by aircraft transiting through the County en route to destinations elsewhere. The sheer number of aircraft operating within the County and the air routes covering the County heightens the chances of aircraft accidents, yet aircraft accidents occur infrequently when compared to the number of air operations.

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

GENERAL 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

Marine Corps Air Station (MCAS) El Toro operated as one of two active Marine Corps master jet air stations in the U.S. and the only one located on the west coast. The installation is located in south central Orange County, 10 miles east of the City of Santa Ana and eight miles north of the Pacific Ocean. The federal government, pursuant to the Defense Base Closure and Realignment Act of 1990, closed El Toro MCAS for regular military operations on July 2, 1999.

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.

Marine Corps Air Station, Tustin is located in close proximity to John Wayne Airport. From this installation, the Marines operated a variety of medium and heavy-lift helicopters. Among them were the twin-motored CH-46 Sea Knight, CH-53 Sea Stallion and CH-53E Super Sea Stallion. In 1986, Tustin generated 124,000 air operations, of which only 20 percent departed the local (on-base) traffic pattern. The probability and extent of future ad hoc military operations at MCAS Tustin is currently unknown. Los Alamitos Armed Forces Reserve Center (AFRC), twelve miles from JWA, is located in northwestern Orange County within the City of Los Alamitos. On-site facilities presently include two runways and associated taxiways, ramp space, and hangars. The AFRC is primarily used for helicopter training missions. There are approximately 80,000 yearly flight operations at the facility (SCAG, 1980).

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.

The air station within Marine Corp Base (MCB) Camp Pendleton is located 50 miles southeast of JWA. MCB Camp Pendleton serves as the primary west coast training facility for all elements of Marine Corps and Navy amphibious assault training and support missions. Marine Corps Air Station Camp Pendleton operates light assault aircraft, including the OV-10 Bronco, the AH-1J Cobra and the UH-1N Huey helicopters. Over 120,000 operations were generated by this airfield in 1986. The federal government, pursuant to the Defense Base Closure and Realignment Act of 1990, has declared that El Toro MCAS will be closed as a military facility by mid-1999. A civilian airport may be developed at the El Toro MCAS site following its closure as a military facility.3 b. Footnote 1 on page IX-50 is hereby deleted as shown below: 1Language inserted per the Measure A Initiative, "Amend the Orange County General Plan Designate Marine Corps Air Station El Toro for Civil Aviation and Related Uses," approved by voters on November 8, 1994. c. Footnote 2 on page IX-51 is hereby deleted as shown below: 2Language inserted per the Measure A Initiative, "Amend the Orange County General Plan to designate Marine Corps Air Station El Toro for Civil Aviation and Related Uses," approved by voters on November 8, 1994. d. Map IX-1 of the Safety Element (shown as Exhibit 8 attached hereto), entitled "Airport Safety Areas: MCAS El Toro," showing accident potential zones (page IX-53), is hereby deleted, consistent with the land use designations depicted in Exhibit 10, "Orange County's Central Park."

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."

f. Footnote 3 on page IX-56 is hereby deleted as shown below: 3Language inserted per Measure A Initiative, "Amend the Orange County General Plan to designate Marine Corps Air Station El Toro for Civil Aviation and Related Uses," approved by voters on November 8, 1994. g. The "Aircraft Accident Potential" discussion in the Safety Element (pages IX-56 and IX-57) is hereby amended to read as follows: Aircraft Accident Potential

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.

h. The heading "3) Marine Corps Air Station, El Toro" and the ensuing paragraph on pages IX-57 and IX-58 of the Safety Element are hereby deleted as shown below. 3) Marine Corps Air Station, El Toro:
Accident records for this facility have been maintained in compliance with Department of Defense (DOD) criteria. In accordance with the DOD criteria, there have been 33 accidents involving Marine Corps aircraft within the five-mile airport traffic area since 1964. Nine of the accidents involved helicopters and fifteen of the aircraft accidents were confined to the base. Since the adoption of AICUZ in 1981 the base has conducted approximately 72,000 jet aircraft flight operations and an additional 50,000 non-jet aircraft operations. Total flight operations for the base since 1964 is approximately 2.9 million. The accident rate for El Toro given the annual operations and number of accidents for this period is approximately .9 accidents per 100,000 operations.
i. The "Air Traffic Control Areas and Designated Authorities" discussion in the Safety Element (page IX-59) is hereby amended to read as follows: Air Traffic Control Areas and Designated Authorities

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.

j. The "Goals, Objectives and Policies: Aircraft Environment" discussion on page IX-60 of the Safety Element is hereby amended to read as follows: Goals, Objectives and Policies: AIRCRAFT ENVIRONMENT Orange County is unique among California counties because commercial, general, and military aviation installations are located within its boundaries. Air traffic generated by these facilities, coupled with air traffic transiting through the County, presents an image of crowded skies heightening the chances of aircraft accidents. However, accidents occur infrequently compared to the number of operations.

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

    1. To utilize the most recent adopted Air Installations Compatible Use Zone (AICUZ) studies for military air installations (i.e., MCAS, El Toro, MCAS, Tustin, and Los Alamitos Army Airfield) as the basis for safety compatibility planning in the vicinity of the facility.
    2. To refer projects, as required by Section 21676 of the Public Utilities Code, to the Airport Land Use Commission for Orange County prior to their adoption or approval to determine consistency of the projects with the Airport Environs Land Use Plan (AELUP).
    3. To support the creation of regulations requiring aircraft detection equipment.
    4. To encourage the creation and updating of detailed flight charts and publications for the airspace in Orange County.
    5. To encourage cooperative agreements between the County and the air installations to provide relief services in times of natural disaster.
k. The "Public Information and Community Liaison" discussion under "Implementation Programs: Aircraft Environment" in the Safety Element (pages IX-60 and IX-61) is hereby amended to read as follows: IMPLEMENTATION PROGRAMS: Aircraft Environment

The following section identifies existing programs which promote aviation safety and enhance public awareness.

    1. PUBLIC INFORMATION AND COMMUNITY LIAISON
Action:

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:

Source of Funds: 10. Appendix IV-4 Amendments. a. The Landscape Corridors list under "Landscape Corridors" in Appendix IV-4 (General Plan Appendix, page 44) is hereby amended to read as follows: TYPE 2: LANDSCAPE CORRIDORS

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.

a. The remarks regarding "El Toro M.C.A.S." under "Proposed Recreation Facilities" in Appendix VII-8 (General Plan Appendix, page 127) is hereby amended to read as follows: 4. El Toro M.C.A.S.Orange County’s Central Park

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.

12. Appendix VIII-1 Amendments. a. The "AICUZ" definition and acronym under "Noise Element Definitions and Acronyms" in Appendix VIII-1 (General Plan Appendix, page 137) is hereby amended to read as follows: AICUZAir Installation Compatible Use Zone – Acronym for a study conducted to determine zones in which land uses around aircraft facilities operated by branches of the Department of Defense will be compatible with the long-term average sound levels produced by the various types of aircraft operated from the facility. For MCAS El Toro, the AICUZ study was conducted for the Department of the Navy and yielded contours of community noise equivalent level around the air base. Section Five: Effective Date.

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.



Click for the Exhibits in .pdf format


The notice of intent to circulate petition was signed by the following proponents:
Allan Songstad, Laguna Hills
Debbie Cook, Huntington Beach
Bill Campbell, Villa Park
Mike Alvarez, Orange
Pat Bates, Laguna Niguel 

ELECTIONS