HomeMy WebLinkAboutORD 10-17 Rescinding ORD 10-11 Ridgeline Development AgreementORDINANCE NO. 10 -17
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE REPEALING ORDINANCE
NO. 11 -11, RESCINDING THE APPROVAL OF A
DEVELOPMENT AGREEMENT BY AND BETWEEN
THE CITY OF ORANGE AND MILAN REI IV, LLC
FOR APPROVAL OF THE DEVELOPMENT OF
APPROXIMATELY 51 ACRES OF PROPERTY ON
THE SITE OF THE FORMER RIDGELINE GOLF
COURSE, IN THE COMMUNITY OF ORANGE
PARK ACRES.
WHEREAS, Ordinance No. 11 -11, adopted on July 12, 2011, approved a Development
Agreement for the development of property formerly known as the Ridgeline Golf Course; and
WHEREAS, the underlying General Plan Amendment necessary for the development
was the subject of a successful referendum; and
WHEREAS, the accompanying Zone Change was subsequently challenged in Orange
County Superior Court Case No.: 30 -2011 00494437 entitled Milan REI IV LLC v. City of
Orange et al. Respondents and Defendants and Orange Citizens for Parks and Recreation et al.,
Real Parties in Interest (the "Litigation "); and
WHEREAS, as a result of the Litigation, the Superior Court for the County of Orange
issued a writ dated October 19, 2017, and served on October 24, 2017, instructing the City of
Orange to repeal Ordinance No. 11 -11 and make a return within 30 days of service of the writ
setting forth what the City has done to comply therewith; and
WHEREAS, the City Council held a duly noticed public hearing regarding the repealing
of Ordinance 11 -11 and to rescind the Development Agreement on November 14, 2017 and May
8, 2018; and
WHEREAS, the City Council finds that the Zone Change is not subject to the California
Environmental Quality Act ( "CEQA ") because it can be seen with certainty that the Zone Change
will not result in a direct or reasonably foreseeable indirect physical change to the environment
CEQA Guidelines, Section 15060(c)(2)) and this Zone Change is covered by the general rule
that CEQA applies only to projects that have the potential for causing significant effect on the
environment (CEQA Guidelines, Section 15061(b)(3), and finally given the City has been
ordered by the Court to adopt this Zone Change, the City Council is without discretion and has a
ministerial duty to do so.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
ORDAIN AS FOLLOWS:
SECTION I
Ordinance No. 11 -I I is hereby repealed and the approval of the Development Agreement
is rescinded.
SECTION II:
A summary of this Ordinance shall be published and a certified copy of the full text of
this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the
City Council meeting at which this Ordinance is adopted. A summary of this Ordinance shall
also be published once within fifteen (15) days after this Ordinance's passage in a newspaper of
general circulation, published, and circulated in the City of Orange. The City Clerk shall post in
the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with
the names of those City Council members voting for and against the Ordinance in accordance
with Government Code Section 36933. This Ordinance shall take effect thirty (30) days from
and after the date of its final passage.
ADOPTED this 12th day of June 2018.
Teresa . Smith, Mayor, City of Orange
ATTEST:
Mary E. M y, ity Clerk, City e
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Ordinance was introduced at the regular meeting of the City Council held on
the 8th day of May 2018, and thereafter at the regular meeting of said City Council duly held on
the 12th day of June 2018, was duly passed and adopted by the following vote, to wit:
AYES:COUNCILMEMBERS:Alvarez, Whitaker, Smith, Murphy, Nichols
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary E. M , ity Clerk; City o r e
Ordinance No. 10 -17 2