THE ORANGE COUNTY CENTRAL PARK AND NATURE PRESERVE INITIATIVE (AKA "Measure W")

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

    2. 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,

    3. 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

    4. 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

    5. 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

    6. 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

    7. 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

    8. 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

      2. 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

      3. 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.

  1. 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

      2. 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

      3. 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,

      4. 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.
  1. 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

      2. 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.
      1. 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.

    1. Background for Planning Amendments.
      1. The second, third and fourth paragraphs in the "Public Services and Facilities" discussion under "Background for Planning" (page II-12) are hereby amended to read as follows:

        2. • Pursuant to the Defense Base Closure and Realignment Act of 1990 and subsequent congressional action,

        both the El Toro Marine Corps Air Station ("El Toro MCAS") has been closed and the Tustin Helicopter Facility must be closed by mid-1999.1 The Seal Beach Naval Weapons Station and Los Alamitos Reserve

        Air Station are expected to remain in government ownership and use.

        • A regional airport facility is expected to be developed at the El Toro MCAS following its closure for

        military purposes.2

        • John Wayne Airport will remain as the principal commercial civilian airport in the County. It is

        recognized that growth in passenger and cargo demand for air service is expected to continue as the

        region’s population and employment base grows. Expansion and development plans are underway at

        LAX, Ontario, Palmdale, March, San Bernardino International and Southern California Logistics
        airports. Future capacity enhancements at these facilities will contribute to satisfying the region’s

        capacity needs. Development opportunities should be explored at these facilities where such uses are

        compatible with other regional needs and where potential exists for future airport development which

        can be connected by ground transportation systems to meet the region’s needs. until an airport is

        established at the El Toro Marine Corps Air Station following cessation of military uses at that facility in the

        late 1990s. Thereafter, the two airports shall jointly serve the County's air transportation needs.3

      2. Footnotes 1, 2 and 3 on page II-12 are hereby deleted as shown below:

1 Language 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.

2 Ibid.

3 Ibid.

3. Land Use Element Amendments.

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

      2. 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.

    2. 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 on Exhibit 10, "Orange County's Central Park."
    3. The first paragraph of the "Public Facilities" discussion in the Land Use Element (page III-17) is hereby amended as follows:

      4. 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-1999.

    4. Footnote 1 on page III-17 is hereby deleted as shown below:

      5. 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.

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

      6. 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 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:

      • 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. The intent is to create 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; 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.

      • OPEN SPACE RESERVE (OSR)

      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.

      • EDUCATION/PARK COMPATIBLE (EPC)

      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.

      • NATURE PRESERVE (NP)

      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 Natural Communities
      Conservation Plan.

    6. Table III-1 of the Land Use Element, entitled "Building Intensity/Population Density Standards (page III-22 through III-25) is hereby amended to read as follows:

TABLE III-1. BUILDING INTENSITY/POULATION DENSITY STANDARDS

 

CATEGORY

 

TYPICAL CHARACTERISTICS/USES

INTENSITY/DENSITY CHARACTERISTICS AND STANDARDS*

Rural Residential (IA)

• 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

• 1.99 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 persons 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 persons per Acre

 

TABLE III-1. (continued)

CATEGORY

 

TYPICAL CHARACTERISTICS/USES

INTENSITY/DENSITY

CHARACTERISTICS AND STANDARDS*

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 persons 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 persons 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

 

TABLE III-1. (continued)

CATEGORY

 

TYPICAL CHARACTERISTICS/USES

INTENSITY/DENSITY

CHARACTERISTICS AND

STANDARDS*

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 northwest 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%

• .40 FAR

• 45 employees per acre

 

TABLE III-1. (continued)

CATEGORY

 

TYPICAL CHARACTERISTICS/USES

INTENSITY/DENSITY CHARACTERISTICS AND

STANDARDS*

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/emp

Open Space Not applicable

 
  1. 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 service 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.

        1. 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:
        1. 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.

        1. 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.

      1. 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 on 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.
  1. b. The "Road Improvement Monitoring" discussion (page IV-23) is hereby amended to read as follows:
      1. ROAD IMPROVEMENT MONITORING

a) Monitoring Report
      1. This is a detailed analysis of traffic conditions at intersections impacted by development in unincorporated
      2. areas of the County. The analysis is done for horizons of three and five years. The report also contains
      3. specific mitigations that are necessary to ensure LOS consistent with standards specified in the Growth
      4. Management Plan Element. In addition to other applicable requirements of the General Plan, the
      5. County shall prepare, or cause to be prepared, an annual monitoring report regarding the average
      6. number of daily vehicle trips generated by the land uses at Orange County’s Central Park shown on
      7. Map III-1. The County shall approve land uses within Orange County’s Central Park consistent
      8. with the General Plan in a manner to insure that the average number of daily vehicle trips generated
      9. by the authorized land uses within Orange County’s Central Park at build out shown on Map III-1
      10. 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 competed 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.

      1. The "Environmental Opportunities" discussion of the Public Services and Facilities Element (page V-8) is hereby amended to read as follows:

        2.  

        • Environmental Opportunities

        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 though 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

      2. 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