Date: July 21, 2005

Agenda Item: 1

 

RESOLUTION NO. 2005-1

Date:  July 21, 2005

 

A RESOLUTION OF THE AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY CONFIRMING THE NONAPPLICABILITY OF AIRPORT ENVIRONS LAND USE PLAN (1995) .

 

On the motion of Commissioner O’Malley, duly seconded and carried, the following Resolution was unanimously adopted.

 

WHEREAS, Section 21675 (a) of the Public Utilities Code requires the Airport Land Use Commission for Orange County to formulate an Airport Compatibility Land Use Plan (also known as an Airport Environs Land Use Plan (AELUP)) for the areas surrounding all civilian and military airports within its jurisdiction; and

 

WHEREAS, the Airport Environs Land Use Plan for Marine Corps Air Station (MCAS) El Toro was originally adopted on April 17, 1975 and subsequently amended on June 16, 1977, December 20, 1979, December 20, 1984, August 15, 1985, November 29, 1990 and November 16, 1995;

 

WHEREAS in January 2004 the City of Irvine annexed former MCAS El Toro and subsequently zoned it for mixed uses that do not include aviation;

 

WHEREAS, on February 16, 2005, the auction of former MCAS El Toro was concluded with the winning bidder being a private development company, Lennar Corporation;

 

WHEREAS, the sale and transfer of the property of the former MCAS El Toro has occurred;

 

WHEREAS, the new owner of the former MCAS El Toro property does not have the legal ability or the intent to construct or operate an airport on that property;

 

WHEREAS, under Public Utilities Code Section 21013 the former MCAS El Toro property no longer meets the definition of an “airport”;

 

WHEREAS, the discretion for the ALUC to continue to maintain jurisdiction over the environs of MCAS El Toro no longer exists subsequent to the transfer of the property under the circumstances;

 

WHEREAS, this action is not a discretionary action and is not a project under CEQA;


NOW, THEREFORE, BE IT RESOLVED that this Commission confirms that the Airport Environs Land Use Plan is no longer applicable to the MCAS El Toro property or its environs, and this AELUP no longer has any legal effect.

 

I HEREBY CERTIFY that the foregoing Resolution No. 2005-1 was adopted on July 21, 2005 by the Airport Land Use Commission by the following vote:

 

AYES:            Tom O’Malley, Melody Carruth, Herman Beverburg, Patricia Campbell, Harry Dotson, Rod Propst and Don Webb

 

NOES:

 

ABSENT:

 

(ABSTAIN):

 

 

 

 

______________________________

                                                                                    Joan S. Golding, Executive Officer

                                                                             Airport Land Use Commission