Key Provisions of Settlement Agreement

Key provisions of the 1985 Settlement Agreement and the 2003 and 2014 Amendments

 

1985 Agreement

2003 Amendments

2014 Amendments

Signators

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

Same

Same

Term

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

Phase 2:
October 1, 19901 through
December 31, 2005
 

January 1, 2003 through December 31, 2015

Phase 1:
January 1, 2016 through December 31, 2020
 
Phase 2:
January 1, 2021 through December 31, 2025
 
Phase 3:
January 1, 2026 through December 31, 2030

Average Daily Departures (ADDs)

Phase 1:2
Maximum of 55
Class A & AA ADD3s
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 854
Class A ADDs for passenger service through
December 31, 2015
 

Additional four (4)
ADDs for all-cargo
service through
December 31, 2015

Phase 1:
Maximum of 85
Class A ADDs
for passenger service
through December 31, 2020
 

Phase 2:
Maximum of 95
Class A ADDs for passenger service
through December 31, 2030
 

4 Class A ADDs designated for priority allocation to all-cargo service through December 31, 2030. Two of these may be allocated for passenger service.

Million Annual Passengers (MAP)

 

Phase 1: 4.75 MAP

Phase 2: 8.4 MAP
 

10.3 MAP through
December 31, 2010

10.8 MAP through
December 31, 2015

Phase 1:
10.8 MAP through
December 31, 2020
 

Phase 2:
11.8 MAP through
December 31, 2025
 

Phase 3:
12.2 MAP
from January 1, 2026
through
December 31, 2030
IF 11.21 MAP is not served between January 1, 2021 and December 31, 2025
OR
12.5 MAP
from January 1, 2026
through
December 31, 2030
IF 11.21 MAP is served between January 1, 2021 and December 31, 2025, and certain mitigation measures are met.

 

Terminal

Not to exceed 337,900
sq. ft.
 

No limit

No limit

Departure Lounge

Not to exceed 37,000
sq. ft. ea.
 

No limit

No limit

Parking

Not to exceed 8,400 spaces

 

No parking structure to have more than four levels
 

No limit

 

No limit

No limit

 

No limit

Loading Bridges

Not to exceed 14 total
 

Not to exceed 20 total

Phase 1:
Not to exceed
20 total through
December 31, 2020
 

Phase 2:
No limit through
December 31, 2030
1 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.
 
2 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").
 
3 Average Daily Departure (ADD), one ADD = 365 departures.
 
4 Under the amendments to the Settlement Agreement, Class A and Class AA departures were condensed into one Class A category.