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: