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SR - ORD-09-17 - REPEALING ORD 10-11 RETURN ZONE DESIGNATION TO RO - RECREATION/OPEN SPACE1. SUBJECT Ordinance No. 09 -17. An Ordinance of the City Council of the City of Orange Repealing Ordinance No. 10 -11. 2. SUMMARY This ordinance would repeal Ordinance 10 -11 and would return the zone district designation for approximately 47 acres of property located on the site of the former Ridgeline Golf Course to solely Recreation/Open Space (RO). 3. RECONIMENDATION /ACTION Adopt Ordinance No. 09 -17 for first reading. 4. FISCAL IMPACT None anticipated. 15. STRATEGIC PLAN GOAL(S) 1. Provide for a safe community d) Assure the development of the City occurs in a fashion that maximizes public safety. 6. GENERAL PLAN IMPLEMENTATION Land Use Element Policy 6.1 Ensure that new development is compatible with the style and design of established structures and the surrounding environment. Policy 8.2 Emphasize public - private cooperation in implementing the General Plan and future planning activities. 17. DISCUSSION and BACKGROUND __1 On July 12, 2011, the City Council adopted Ordinance No. 10 -11 to re- classify property zoned Recreation/Open Space to Residential 43,560 square feet (R -1 -40) to facilitate development of the area commonly known as the former Ridgeline Golf Course. This Zone Change was subsequently challenged in Orange County Superior Court and as a result the Superior Court for the County of Orange issued a writ instructing the City of Orange to rescind Ordinance No. 10 -11. This will formally return this property to RO zoning. 18. ATTACHMENTS • Ordinance No. 09 -17 ITEM 2 11/14/17 ORDINANCE NO. 09 -17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE REPEALING ORDINANCE NO. 10 -11 AND RETURNING THE ZONE DISTRICT DESIGNATION FOR APPROXIMATELY 47 ACRES OF PROPERTY LOCATED ON THE SITE OF THE FORMER RIDGELINE GOLF COURSE TO SOLELY RECREATION /OPEN SPACE (RO). WHEREAS, Zone Change No. 1243 -07 ( "Zone Change ") to re- classify property zoned Recreation/Open Space to Residential 43,560 square feet (R -1 -40) was adopted on July 12, 2011 by Ordinance No. 10 -11; and WHEREAS, the 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 rescind Ordinance No. 10 -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 Zone Change on November 14, 2017; 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. 10 -11 is hereby repealed in its entirety returning the zoning for approximately 47 acres of property located on the site of the former Ridgeline Golf Course to Recreation/Open Space.