Vote Maintains Building Limits Around El Toro

Despite pressure from South County cities to allow construction of homes and offices on large swaths of land near the closed El Toro Marine base, a state panel voted Thursday against easing restrictions.

What happens to the land is tied to the contentious debate over whether El Toro should be converted into an international airport, as planned by Orange County officials.

County officials have urged the Airport Land Use Commission to preserve the building restrictions, protecting the base’s 18,000-acre buffer zone and halting a potential surge of new airport foes: the people who would work or live in the new developments. Some officials of cities nearest the base--particularly Irvine and Lake Forest--want more businesses and homeowners to move in and join the fight against the proposed airport. The cities also are eyeing the tax benefits of new development.

The commission, created by state law, ruled 5 to 2 Thursday that a zoning change and a non-aviation plan for the closed Marine base--both proposed by Irvine--were inconsistent with a comprehensive plan that determines what can be built near airfields in Orange County.

“As a commissioner, I have a responsibility to protect people [near El Toro] because I don’t know what the future is,” said commissioner Joe Erickson, a Costa Mesa councilman. “Regardless of how we feel about a commercial airport at El Toro, it may happen. I don’t want to mislead any future residents or business owners in the city of Irvine.”

An attorney and a planner for Irvine argued that the zoning restrictions related to military operations no longer apply since the Marine Corps closed both its El Toro airfield and Tustin helicopter base in July.

Commissioner Charles Zoffer supported that position, saying the board should not deny landowners the right to fully develop their property around El Toro, particularly when there is doubt about whether an airport will be built.

Commissioner Denny Harris voted with Zoffer in favor of Irvine’s request. “We may still be sitting here five years from now talking about [this] plan,” he said.

For nearly 30 years, no homes or schools have been allowed in a 14,000-acre area outside the 4,700-acre base because of state and federal laws restricting development in high-noise areas. A military “accident-potential” zone was drawn in the same area to protect residents.

Irvine wants to allow construction of homes and child-care centers in the Irvine Spectrum business park, adjacent to the south and west boundaries of the former airfield. Joining the city is the Irvine Co., Spectrum’s owner.

Lake Forest has three project requests pending on the southeast side of El Toro. Late last year, the city filed a lawsuit against the state commission over its inability to allow development. The commission voted unanimously Thursday to hire attorney Ed Connor to represent it against Lake Forest’s suit.

Cities near the Tustin base and Los Alamitos Air National Guard station, which remains open, also are challenging similar development restrictions. Officials in nearby Seal Beach argue that the level of military activity has changed, so some construction should be allowed.