Agenda Item AGENDA STAFF REPORT ASR Control 26-000004
MEETING DATE:	02/24/26
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	5
SUBMITTING Agency/Department:	John Wayne Airport (Approved)
Department contact person(s):	Charlene V. Reynolds (949) 252-5183
	Eric R. Freed (949) 252-5043

Subject: Phase 2 Commercial Airline Access Plan and Regulation Amendments

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

No Legal Objection

Consent Calendar

3 Votes Board Majority

Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A

Staffing Impact:

# of Positions:

Sole Source: N/A

Current Fiscal Year Revenue: N/A

Funding Source: N/A	County Audit in last 3 years: No
Levine Act Review Completed: N/A

Prior Board Action: 10/14/2025 #1, 7/21/2015 #17, 9/28/2010 #4

RECOMMENDED ACTION(S):

Authorize administrative amendments to certain allocation and related provisions of the Phase 2 Commercial Airline Access Plan and Regulation, as reflected in Attachments A and B, consistent with the Board of Supervisors’ action on October 14, 2025, effective January 1, 2026, through December 31, 2030.

Authorize the Airport Director to make certain other administrative amendments to the Phase 2 Commercial Airline Access Plan and Regulation, including but not limited to correcting typographical errors and making certain clarifying administrative amendments.

SUMMARY:

Approval of administrative amendments to the County’s Phase 2 Commercial Airline Access Plan and Regulation will ensure that the County’s Access Plan is consistent with recommendations approved by the Orange County Board of Supervisors’ actions on October 14, 2025.

BACKGROUND INFORMATION:

Since the early 1980s, the County of Orange (County) has administered its noise control restrictions on airport use through a series of “access plans;” most recently the Phase 2 Commercial Airline Access Plan and Regulation 1990-2030 (Phase 2 Access Plan), which succeeded the Phase 1 Access Plan 1985-1990 and earlier regulations. The Phase 2 Access Plan implements the 1985 Settlement Agreement entered into by and between the County of Orange Board of Supervisors (Board), the City of Newport Beach, Stop Polluting Our Newport, and the Airport Working Group of Orange County, Inc., (the settling parties), as amended. The Phase 2 Access Plan is the principal mechanism utilized by the County to administer the allocation and use of operating capacity and enforcement of noise restrictions and curfew at John Wayne Airport (JWA).

On October 14, 2025, the Board approved JWA’s recommendations regarding the 2026 Plan Year capacity allocations. These actions ensure continuity of operations and provide clarity on allocation priorities for the upcoming plan period. The Board approved maintaining existing Average Daily Departure (ADD) allocations for all incumbent Commercial Air Carriers from January 1, 2026, through December 31, 2030. In addition, the Board approved JWA’s recommended seat capacity allocations for the 2026 Plan Year. Accordingly, Appendix B of the Phase 2 Access Plan has been updated to reflect the current incumbent reallocation priority list for Regular, Permanent Class E, Supplemental, and International Average Daily Departures (ADDs). Appendix J and Appendix K provide the established order of the current New Entrant Wait List for Commercial and Commuter Air Carriers, respectively. Sections 3.1 and 3.3.1 have been updated to reflect changes in capacity for incumbent carriers and to include carriers that initiated service after the 2021 Phase 2 Access Plan amendments were adopted. In addition, these proposed amendments will reestablish the Commercial Air Carrier capacity withdrawal priority lists for the period January 1, 2026, through December 31, 2030 as well as the new withdrawal priority lists. Redline and clean versions of Appendices B, C and D as well as Sections 3.1 and 3.3.1, and any correction of typographical errors, formatting, and clarifying revisions to the Phase 2 Access Plan are provided in Attachment A and B for review.

Historically, when the County has administered the reallocation of capacity, it has reestablished or updated the relevant sections of the Phase 2 Access Plan to reflect current allocations, reallocation order, and withdrawal priority lists. On September 28, 2010, the Board of Supervisors approved a modification to the Plan Year period within the Phase 2 Access Plan. Similarly, on July 21, 2015, the Board approved amendments to the Phase 2 Access Plan as a result of the 2014 Settlement Agreement Amendment.

Compliance with CEQA: The proposed action is a necessarily included element of the project considered in Final Environmental Impact Report (EIR) No. 617 for the JWA Settlement Agreement Amendment Project, certified by the Board on September 30, 2014, which adequately addressed the effects of the proposed action. No substantial changes have been made in the project, no substantial changes have occurred in the circumstances under which the project is being undertaken and no new information of substantial importance to the project, which was not known, or could not have been known, when the Final EIR No. 617 was certified, has become known; therefore, no further environmental review is required.

FINANCIAL IMPACT:

N/A

STAFFING IMPACT:

N/A

ATTACHMENT(S):

Attachment A – 2026 Proposed Final Version of Phase 2 Access Plan
Attachment B – 2026 Redlined Amendments to Phase 2 Access Plan