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SR - ORD-10-17 - REPEALS ORD 11-11 DEVELOPMENT AGREEMENT WITH MILAN REI IV LLC1. SUBJECT Ordinance No. 10 -17. An Ordinance of the City Council of the City of Orange Repealing Ordinance No. 11 -11. 2. SUMMARY This ordinance would repeal Ordinance 11 -11 and the City Council's approval of a Development Agreement for the development of the property commonly known as the former Ridgeline Golf Course. 13. RECOMMENDATION /ACTION Adopt Ordinance No. 10 -17 for first reading 14. FISCAL IMPACT None anticipated. 5. 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. 7. DISCUSSION and BACKGROUND On July 12, 2011, the City Council adopted Ordinance No. 11 -11 to approve a Development Agreement providing entitlements and public benefits in conjunction with the development of the property commonly known as the former Ridgeline Golf Course. The underlying Zone Change and General Plan Amendments were subsequently challenged in Orange County Superior Court and by Referendum respectively. As a result the Superior Court for the County of Orange issued a writ instructing the City of Orange to rescind Ordinance No. 11- 11. This will rescind the previously approved Development Agreement. 8. ATTACHMENTS • Ordinance No. 10 -17 ITEM 2 11/14/17 ORDINANCE 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 rescind 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 Ordinance 11 -11 to rescind the Development Agreement 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: