The People of the County of Orange hereby ordain and enact as follows:

Section One: Title.

This initiative shall be known and may be cited as:

The Reasonable Airport, Park and Nature Preserve Initiative.

Section Two: Purpose and Findings.

The People of the County of Orange find and declare the following:

A. Effect of Measure: This Initiative amends the Orange County General Plan to accommodate a reasonable Orange County International (OCX)-V Plan for airport development at the closed El Toro Marine Corps Air Station (MCAS, El Toro) including protection of existing residential areas from over-flights and reservation of more than 1,600 acres for public wildlife and recreational uses.

B. Purpose. This Initiative recognizes that the future economic health of Orange County requires development of a regional airport that can accommodate Orange County’s growing air passenger and air cargo needs, as well as its open space and park needs. This initiative will remove legal obstacles to development of a reasonable airport and allow Orange County to move forward with planning for re-use of the closed MCAS, El Toro in a manner that minimizes noise impacts to existing residential areas by accommodating air traffic over designated open space, habitat preserves and/or non-noise-sensitive development.

C. Relationship to Measures A and W: This Initiative repeals the Orange County Central Park and Nature Preserve Initiative (Measure W) which limited MCAS, El Toro to non-aviation uses. By repealing Measure W, this Initiative reinstates the Orange County/El Toro Economic Stimulus Initiative (Measure A) which designated MCAS, El Toro for aviation and compatible uses in the Orange County General Plan. However, this Initiative also amends the El Toro Airport Planning Area established by Measure A because those boundaries do not allow planning of a safe, efficient and reasonable airport in accordance with the OCX-V Plan. This Initiative does not otherwise affect 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.

D. Need For Expanded Airport Facilities. This Initiative recognizes that the 1994 decision by the People of Orange County to utilize the closed El Toro Marine Corps Air Station as a regional commercial airport was in the best interests of Orange County and its future growth and development. If properly planned, a second commercial airport in Orange County will meet the inherent aviation market demand of a growing population, create more new jobs and increase business revenues in the County.

E. Noise Mitigation. This Initiative recognizes that unmitigated aircraft noise imposes an unreasonable burden on homes and other sensitive noise receptors which is not overridden by the economic benefits of airport development. It is economically and legally feasible to plan an airport at MCAS, El Toro so that aircraft noise will primarily affect designated open space and vacant land. This Initiative establishes a revised El Toro Airport Planning Area which avoids adverse noise impacts to established residential communities and takes advantage of existing open space for noise mitigation, in a manner that is consistent with local, state and federal requirements for airport development.

F. Reasonable Airport Size Expectations. This Initiative establishes policies which encourage phased development of a commercial airport at MCAS, El Toro to a maximum of 18.8 Million Annual Passengers (MAP), consistent with future growth of regional aviation demand through 2020.

G. Permanent Regional Open Space. This Initiative recognizes that the 4700+-acre park and nature preserve established by Measure W is unrealistic and fiscally irresponsible. Instead, this Initiative allocates the land within MCAS, El Toro in a fiscally responsible manner, by designating more than 1,600 acres of land within the closed MCAS, El Toro as a habitat nature preserve and wildlands/recreational planning area which links existing open space in a wide trans-valley corridor from the mountains of the Cleveland National Forest to Crystal Cove State Park. In addition, the Initiative utilizes the 30,000+ acre open space preserves established through the County’s Natural Communities Conservation Program (NCCP) for permanent reduction of adverse noise-impacts to existing residential communities.

H. Safe And Efficient Airport Planning. This Initiative allows Orange County to plan a regional airport that is safer and more efficient than any previous plan, by encouraging elimination of the inherently hazardous east/west intersecting runways and taxiways and establishing a planning area which permits runways to be separated and reoriented into an inherently safer, widely-spaced "V" configuration in conformity with related FAA Advisory Circular No. 150/5300-13. This Initiative designates the OCX-V Plan as the preferred plan for future planning and analysis, including environmental review of airport development at MCAS, El Toro under the California Environmental Quality Act and similar measures.

I. Regional Noise Protection. In addition to addressing adverse noise-impacts from a new OCX airport at MCAS, El Toro, this Initiative recognizes that it is in the public interest to maintain at John Wayne Airport (1) the existing runway configuration (not including taxiways) and (2) the existing limitations on (i) the passenger terminal configuration, (ii) the number of gates, (iii) the curfew, (iv) the number and type/definition of aircraft, and (v) the number of annual passengers, as set forth in the Stipulation for Entry of Final Judgment by Certain Settling Parties in Case No: CV 85-1542 TJH (MCx) in the United States District Court for the Central District of California.

Section Three: Measure W Repealed.

The Orange County Central Park and Nature Preserve Initiative (Measure W), adopted by the voters of Orange County on March 5, 2002, is hereby repealed in its entirety. By repeal of Measure W, the designation of MCAS, El Toro for a commercial airport and other provisions of the Orange County/Economic Stimulus Initiative (Measure A) will be restored to the Orange County General Plan, except as described below in Section Four.

Attached hereto as Exhibit F, and incorporated herein by reference , is the full text of the Orange County Central Park and Nature Preserve Initiative (Measure W) which will be repealed and deleted from the Orange County General Plan by this Initiative.

Section Four: General Plan Amendment.

The County of Orange General Plan as it existed on March 4, 2002, prior to adoption of Measure W, (hereinafter "Orange County General Plan") is hereby restored and amended to read as described below.

General Plan Amendments. The Introduction, Land Use Element, Resources Element, Recreation Element, Noise Element, Safety Element, and Appendix 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 amended to read as follows:

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. The General Plan was subsequently amended by the Reasonable Airport, Park and Nature Preserve Initiative to revise the configuration of lands within the closed MCAS, El Toro to be used for a commercial airport ("OCX") and to establish policies requiring that adverse noise impacts from airport operations be mitigated by utilizing open space or vacant land for approaches and departures whenever feasible and consistent with state and federal law.

2. Land Use Element Amendments.

a. Map III-1 of the Land Use Element, entitled "Orange County General Plan" (page III- 1), is hereby amended to show the land use designations adopted by this Initiative and depicted on Exhibit A to this Initiative.

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

This broad category includes the Open Space (5) land use category, and the Open Space Reserve (OSR), and the Airport Hazard Area (AHA) 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 open space uses.

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 open space. The OSR overlay includes the area within El Toro MCAS, shown as the "Nature Preserve/Wildlands Recreational Area" on Map III-1, to remain in public ownership for the purpose of habitat protection and recreation. Subject to refinement during the planning process, the Nature Preserve/Wildlands Recreational Area shown on Map III-1 shall include a 1,000-acre habitat preserve, a 500-acre wildlands corridor and a 100-acre recreational corridor.

The Airport Hazard Area (AHA) overlay identifies lands which are potentially necessary for permanent preservation as open space to comply with state and federal laws and regulations governing safety of airport approaches, i.e. to eliminate the reasonable possibility of hazards to navigation, less than 200 feet high existing on the terrain.

Map III- 1 (as revised by the Orange County Reasonable Airport, Park and Nature Preserve Initiative) illustrates a potential AHA land use overlay for OCX over Loma Ridge, subject to later modification during the airport design process. The illustrative Loma Ridge AHA contains approximately 530± acres that are located above 1,000 feet Mean Sea Level (MSL).

This 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 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.

    • Airport Hazard Area (AHA)

This overlay is intended to reflect the Safety Element of the General Plan. It identifies areas located under airport approaches which are required to remain open space for safety reasons.

c. The Open Space Reserve (OSR) category of Table III-1 of the Land Use Element, entitled "Building Intensity/Population Density Standards" (page III-24), is hereby amended and the Airport Hazard Area (AHA) category is added (with additions in boldface type) to read as follows:

 

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, and 1,600 acres of the closed MCAS, El Toro.

Max. Bldg. Height: 18’,

Max. Site Coverage: 10%

Airport Hazard Area

(AHA)

Identifies areas required to remain open, regarded as necessary to remove hazards to air navigation, and maintained with only native shrub vegetation with no trees nor structures as required to comply with state and federal laws and regulations governing airport approaches.

Max. Bldg. Height: No trees or structures other than warning lights are allowed.

Max. Site Coverage: No trees or structures other than warning lights are allowed.

d. Policy 13.2 of the "Major Land Use Element Policies" is hereby amended to read as

follows:

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 coordinates (referenced to NAD 83) N33° 42' 04"± W117° 43' 42"± ; to N33° 41' 57"± W117° 43' 34"± ; to N33° 41' 34"± W117° 43' 47"± and along Irvine Boulevard to the northeast, to N33° 41' 13"± W117° 43' 17"± ; to N33° 41' 01"± W117° 43' 17"± ; to N33° 40' 57"± W117° 43' 09"± ; to N33° 39' 35"± W117° 43' 16"± ; to N33° 39' 22"± W117° 43' 28"± Alton Parkway and the city limits of the City of Irvine to the east-southeast, to the Atchinson, Topeka and Santa Fe Railroad to the southwest and at coordinates N33° 39' 19"± W117° 43' 49"± ; and along the Atchinson, Topeka and Santa Fe Railroad: to the 1999 northwest property line of the closed MCAS, El Toro and along the 133 Tollway, Eastern Transportation Corridor, back to N33° 42' 04"± W117° 43' 42"± Sand Canyon Avenue, shall retain the "Public Facilities" designation and shall be referred to more specifically hereinafter as "the El Toro Airport Planning Area." Figure III-3 (revised by the Reasonable Airport, Park and Nature Preserve Initiative) illustrates the general boundaries of the El Toro Airport Planning Area that are subsequently to remain essentially unchanged unless amended by the voters of Orange County. Those unincorporated lands within MCAS, El Toro on March 1, 1994 not included in the El Toro Airport Planning Area or the Nature Preserve Wildlands/Recreational Area are included within the Compatible Use Area on Figure III-3 and may be re-designated.

Any re-designation 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.

e. Figure III-3 of the Land Use Element, entitled "Illustrative Depiction of the El Toro

Airport Planning Area" (page III-33), is hereby replaced by Exhibit A to this Initiative.

f. The Land Use Element is hereby amended by inserting Exhibit B to this Initiative, entitled "Illustrative Depiction of OCX-V Plan," as Figure III-4 immediately after Figure III-3 (page III-33).

g. The Land Use Element is hereby amended by inserting Exhibit C to this Initiative, entitled "Illustrative Depiction of Potential Airport Hazard Areas Associated with the OCX-V Plan," as Figure III-5 immediately after the new Figure III-4 described above.

h. Policy 13.4, entitled "Airport Land Uses" of the "Major Land Use Element Policies" is hereby amended by adding the following new policies, numbered as follows:

13.45 Noise Mitigation

To the extent authorized under state and federal law, a civilian airport at MCAS, El Toro should minimize or avoid adverse noise impacts to existing residential communities by utilizing dedicated open space and vacant land for flight tracks into and out of the airport. Figure III-4, illustrates a two (or three) runaway, v-shaped configuration (OCX-V Plan) that complies with this policy.

13.46 OCX Airport Planning Policy

To the extent authorized by state and federal law, the illustrative OCX-V Plan, as shown on Figure III-4, shall be the project for future County planning activities, including preparation of environmental documents for which the County is the lead agency.

Full evaluation and implementation of the OCX-V Plan will require cooperative actions with other jurisdictions within Orange County. Orange County shall work actively with other agencies to plan and obtain necessary approvals for a reduced-noise airport at MCAS, El Toro, consistent with the OCX-V Plan, to the maximum extent feasible. Areas appropriate for cooperative planning on incorporated land are within the "Cooperative Planning Area" on Figure III-3.

Although cooperative airport planning is essential under state and federal law, certain development issues may be addressed more easily if all of the land desirable for airport use within MCAS, El Toro is located within a single jurisdiction. Development of a safe, efficient airport at MCAS, El Toro may be facilitated by adjustment of boundary lines so that the following land is returned to unincorporated status and added to the El Toro Airport Planning Area: all incorporated land which was a part of the MCAS, El Toro on March 1, 1994 and which lies within the area bounded by coordinates (referenced to NAD 83) N33° 39' 19"± W117° 43' 49"± ; to the south of the Atchinson, Topeka and Santa Fe Railroad to N33° 38' 50"± W117° 43' 49"± ; along Alton Parkway to the south; to N33° 38' 52" W117° 43' 30"± ; to N33° 39' 05" W117° 43' 30"± ; along the Atchinson, Topeka and Santa Fe Railroad to the northeast back to N33° 39' 19"± W117° 43' 49"±. If necessary or desirable for OCX Airport development, Orange County will consider pursuing appropriate boundary adjustments to the extent consistent with state and federal law.

13.47 Air Passenger Policy

By the year 2020, the County’s air passenger needs should be met primarily within the El Toro Airport Planning Area. In recognition of the larger size and capacity of MCAS, El Toro to accommodate a regional airport, the County shall support retention of the following reasonable limitations at John Wayne Airport: (1) the existing runway configuration (not including taxiways) and (2) the existing limitations on the (i) passenger terminal configuration, (ii) the number of gates, (iii) the curfew, (iv) the number and type/definition of aircraft, and (v) the number of annual passengers, as set forth in the Stipulation for Entry of Final Judgment by Certain Settling Parties in Case No: CV 85-1542 TJH (MCx) in the United States District Court for the Central District of California.

13.48 Project Phasing

To the extent consistent with state and federal law, a civilian airport at MCAS, El Toro should be constructed in phases, with a new passenger terminal that includes a maximum of 32 aircraft gates designed to handle a total passenger load no greater than 18.8 MAP, unless an increase is subsequently approved by the voters of Orange County.

13.49 Airport Hazard Area Acquisition

Airport Hazard Areas are designated pursuant to state law to ensure the safety of airport approaches and to eliminate the possibility that the FAA will be unaware of hazards to navigation under 200 feet high. Potential Airport Hazard Areas for the illustrative OCX-V Plan are shown on Figure III-5, including one zone located on approximately 212 + acres of incorporated land in the San Joaquin Hills. It is Orange County policy to compensate owners of private property within any designated Airport Hazard Zone to the extent necessary to avoid an unconstitutional taking of the property. In most cases, Orange County will acquire, or attempt to acquire, privately-owned property within designated Airport Hazard Zones.

i. Policy 13.52 entitled "Responsibilities" of the "Major Land Use Element

Policies" is hereby amended to read as follows:

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 or Airport Hazard Areas.

j. Policy 13.64, entitled "Countywide Election,: of the "Major Land Use Element Policies" is hereby amended to read as follows:

The boundaries of the El Toro Planning Area and related general plan provisions enacted by the Orange County/El Toro Economic Stimulus Initiative and the Reasonable Airport, Park and Nature Preserve Initiative may be amended only by a majority vote of those voting in any countrywide election.

k. Policy 13.7, entitled "Duration," of the "Major Land Use Element Policies" is hereby

amended to read as follows:

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 and the Reasonable Airport, Park and Nature Preserve Initiative in furtherance of meeting the County's projected air transportation needs and promoting economic development while minimizing adverse noise impacts on existing residents, schools and churches.

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.

3. Resource Element Amendment.

a. The third paragraph under the "Introduction" to the "Vegetation & Wildlife Habitats" discussion in the Resources Element (page VI-17) is hereby amended to read as follows:

Inland, wildlife habitat is protected through the continued existence and operation of wildlife sanctuaries such a the Audubon Society’s Starr Ranch Wildlife Sanctuary and the Tucker Wildlife Sanctuary, owned and operated by California State University, Fullerton. The Cleveland National Forest also provides an extensive wildlife and vegetation habitat under federal control. The closed MCAS, El Toro will also add significantly to inland habitat protection through establishment of a 1,000 + acre habitat preserve and 500 +acre wildlands corridor.

4. Recreation Element Amendments.

a. The first paragraph under the "Master Plan of Regional Riding and Hiking Trails

Component" discussion in the Recreation Element (page VII-21) is hereby amended to

read as follows:

The Master Plan of Regional Riding and Hiking Trails includes 348 miles of existing and proposed trails throughout Orange County. (See Regional Riding and Hiking Trails map.) These trails are located in areas that are regulated by the Board of Supervisors (unincorporated areas and County regional parks), city councils (incorporated areas), State of California (state parks), and the federal government (Cleveland National Forest). This regional trail system provides linkages with many local community trails throughout Orange County and trails from surrounding counties. The closed MCAS, El Toro affords the County an unparalleled opportunity to expand the County's regional riding and hiking trails.

b. The "Goals" section under "Goals, Objectives and Policies" of the Master Plan of

Regional Riding and Hiking Trails Component of the Recreation Element (page VII-

23) is hereby amended by adding Goal 6 to read as follows:

Goal 6: Expand regional equestrian and bicycle riding and hiking trail

opportunities through the development of a Wildlands/Recreational

Corridor at the closed MCAS, El Toro.

5. Noise Element Amendments.

a. The fourth paragraph of the "Relationship to Federal, State and Local Agency Plans and Programs" discussion in the Noise Element (page VIII-4) is hereby amended to read as follows:

The Department of Defense (DOD) is was important with respect to the Noise Element because it operated 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 had 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 were closed by mid-1999. The El Toro MCAS may be converted to civilian airport uses which are expected to result in a significant decrease in overall noise levels in existing residential communities compared to the DOD flight operations.

b. The third, fourth, fifth, and sixth paragraphs under "The Existing Noise

Environment" section of the Noise Element (pages VIII-9 and VIII-10) are hereby amended to read as follows:

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 "policy implementation line" and the 60-decibel noise referral zone boundary. The basis for the 65-decibel CNEL line is was 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 Based on this study, the Noise Element adopted "policy implementation lines" around MCAS, El Toro that corresponded 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 closed El Toro MCAS to civilian airport uses, the area within the 60 and 65 CNEL contour lines is expected to decline. In addition, utilization of existing open space for flight paths in accordance with the topography and prevailing wind patterns, as proposed in the OCX-V Plan, would substantially change the shape of the area within the contour lines by moving it away from existing developed residential areas. The revised 60 and 65 CNEL contours for a potential commercial international airport with two (or three) runways in a v-shaped configuration at the closed MCAS, El Toro are shown on Figure VIII-2. The contours are based on the anticipated twenty year growth of commercial operations to accommodate 18.8 million annual passengers (MAP), assuming a reasonable aircraft fleet mix.

For planning purposes, the Noise Element was amended by the Reasonable Airport, Park and Nature Preserve Initiative to define a revised "policy implementation line" based on the 65 CNEL contours shown on Figure VIII-2. Nevertheless, The revised policy implementation line will remain fixed as to location unless modified by a Noise Element Amendment approved by the voters of Orange County or as required to comply with federal regulations governing development of an airport at the closed MCAS, El Toro.

c. The eleventh paragraph of the discussion under "The Existing Noise Environment" in

the Noise Element (page VIII-11) is hereby amended to read as follows:

Figure VIII-2 depicts the current noise contours that surround John Wayne Airport and MCAS, El Toro, as well as the policy implementation line for both facilities. Figure VIII-2 shows the 60 and 65 CNEL contours Figure VIII-2 also represents the future levels of aircraft noise for a commercial OCX airport at the closed MCAS, El Toro Airport based on the anticipated twenty year growth of commercial operations and aircraft fleet mixture to accommodate 18.8 million annual passengers utilizing a potential v-shaped runway configuration which allows aircraft to fly over a wide corridor of existing undeveloped land for approaches to and departures from the OCX Airport. 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 Figure VIII-2 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.

d. Figure VIII-2 of the Noise Element, entitled "Generalized Noise Equivalent Level

Contours From Air Facilities" (page VIII-12), is hereby amended by the Map attached as Exhibit D to this Initiative.

e. The first paragraph of the "Estimates of Affected Population" discussion of the Noise

Element (page VIII-18) is hereby amended to read as follows:

Table VIII-1 contains the estimates (existing and future) of population residing in the potential noise-impacted areas. It must be stressed that these estimates are based on unmitigated situations, so that the number of people actually affected will be less dependent on mitigation measures employed by the Orange County Airport Land Use Commission on future noise-sensitive development. The number of existing and future residential communities adversely affected by noise from aircraft operating at the OCX Airport will be substantially reduced through compliance with the Major Land Use Element Policies governing development of the closed MCAS, El Toro as a commercial airport, as amended by the Reasonable Airport, Park and Nature Preserve Initiative.

f. The ninth paragraph of the "Objectives, Assumptions, and Definitions" discussion

in the Noise Element (pages VIII-23 and VIII-26) is amended to read as follows:

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, As a result of the Reasonable Airport, Park and Nature Preserve Initiative, a policy implementation line was defined which corresponded to the 65-decibel CNEL contour projected around MCAS, El Toro the OCX Airport assuming an anticipated twenty year growth to 18.8 MAP with a v-shaped runway configuration as shown on Figure VIII-2.

6. Safety Element Amendments.

a. Page IX-55 of the Safety Element is hereby amended as follows:

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 illustrative OCX-V Plan and noise contours depicted on Figure VIII-2, as amended by the Reasonable Airport, Park and Nature Preserve Initiative, support approach and departure operations into head-wind components consistent with other commercial flight operations throughout Southern California to other regional airports.

 

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 Map IX-1 depicts the current accident potential zones for MCAS, El Toro OCX Airport, based on FAA Terminal Approach Standards applied to the two (or three) runway v-shaped configuration selected shown for planning purposes on Figure III-4. This Map may be updated in response to FAA comments or regulatory changes.

Located at MCAS, El Toro is was 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 ordnance. The probability and extent of
future ad hoc military operations is currently unknown, but the OCX Airport may continue to provide the basic runway infrastructure required by the military in the event of a national defense or natural disaster emergency. This section of the General Plan will be amended based on additional environmental review.

b. Map IX-1, entitled "Airport Safety Areas: MCAS El Toro," on page IX-53 is hereby replaced by Exhibit E to this Initiative.

c. The seventh paragraph of the discussion under "Military Aviation, MCAS EL Toro" (page IX-55) is hereby amended to read as follows:

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. Figure IX-5 will be modified to reflect construction of OCX Airport and related changes in Orange County Air Traffic Control Areas.

7. Appendix VII-8 Amendment.

a. The discussion currently entitled "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 MCAS

(d) The County is scheduled to take control of the base in July, 1999. An 800± A 1,600± acre, Wildlife Preserve, urban regional park with a habitat preserve, component, is being planned to include two golf courses and typical urban regional park facilities with some focus on aviation and veteran history: 1,000± acres allocated for a Habitat Nature Preserve, located at the northeast portion of the closed MCAS, El Toro; 500± acres allocated for a Wildlands Corridor; and 100± acres allocated for a Recreational Corridor that includes equestrian, bicycle and pedestrian regional biking and hiking trails, parallel to and contiguous to the Wildlands Corridor.

8. Appendix VIII-1 Amendment

a. The definition of "Policy Implementation Line (MCAS, El Toro) is amended as follows:

POLICY IMPLEMENTION LINE (MCAS, El Toro) — A line adopted by the People of Orange County through the Reasonable Airport, Park and Nature Preserve Initiative in 2002 by the Orange County Board of Supervisors in 1979 which corresponds to the location of the 65-decibel CNEL contour project projected for the OCX Airport MCAS, El Toro based on a potential two (or three) runway v-shaped configuration which serves at least 18.8 million annual passengers (MAP).

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 May 30, 2001, and shall vitiate any activity or any approval of any project or activity taken after May 31, 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, nor 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 General Plan of the County of Orange to reflect the adoption of this Initiative. The Clerk is hereby authorized and directed to make any technical corrections in the pagination and paragraph numbering and other similar technical and ministerial aspects of the General Plan as may be necessary to insure that the General Plan, as amended by this Initiative, accurately and completely reflects the amendments to the General Plan adopted by this Initiative.




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