The Settlement Agreement

The 1985 “Settlement Agreement” formalized consensus reached between the County and the local community on the nature and extent of facility and operational improvements that could be implemented at John Wayne Airport. In 2003, the original four signators approved a series of amendments to the Settlement Agreement that allowed for additional facilities and operational capacity and continued to provide environmental protections for the local community. Key provisions of the original Settlement Agreement and the 2003 amendments include:

 

1985 Agreement

2003 Amendments

Signators

County of Orange
City of Newport Beach
Airport Working Group
Stop Polluting Our Newport
 

Same

Term

Phase 1:
April 1, 1985 through
September 30, 1990

Phase 2:
October 1, 1990* through
December 31, 2005
 

January 1, 2003 through December 31, 2015

Average Daily Departures (ADDs)

Phase 1:**
Maximum of 55
Class A & AA ADDs
No more than 39
Class A departures

Phase 2:**
Maximum of 73
Class A & AA ADDs
No more than 39
Class A departures
 

Maximum of 85***
Class A ADDs
for passenger service

Additional four (4)
ADDs for all-cargo
service

Passengers

Phase 1: 4.75 MAP

Phase 2: 8.4 MAP
 

10.3 MAP (through 12/31/10)

10.8 MAP (through 12/31/15)

Terminal

Not to exceed 337,900 sq. ft
 

No limit

Departure Lounge

Not to exceed 37,000 sq. ft. ea.
 

No limit

Parking

Not to exceed 8,400 spaces

No parking structure to have more than four levels
 

No limit

No limit

Loading Bridges

Not to exceed 14 total
 

Not to exceed 20 total

* The Settlement Agreement defined the start of Phase 2 as April 1, 1990 or the date of the opening of the new passenger terminal, whichever came later. As a result of the mid-September 1990 terminal completion, Phase 2 began on October 1, 1990.

** Three noise-based “classes” of departures were defined: Class A, AA and E with Class E departures being the most restrictive. The million annual passenger (MAP) limitation applies to the combination of passengers served in all classes of departures (“MAP Cap”).

*** Under the amendments to the Settlement Agreement, Class A and Class AA departures were condensed into one Class A category.

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