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.