SR - ORD-09-17 - SECOND READINGORDINANCE
SECOND READING
December 12, 2017
1. SUBJECT 7=1
Second Reading and adoption of 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).
2. SUMMARY
The introduction and First Reading of the above - entitled Ordinance was approved at a Regular
Council Meeting on November 14, 2017.
The Ordinance is now presented for Second Reading by title only, and adoption.
Vote at First Reading: AYES: Whitaker, Smith, Murphy, Nichols
NOES: None
ABSENT: Alvarez
13. RECOMMENDATION _
Adopt Ordinance No. 09 -17.
4. ATTACHMENTS
Ordinance No. 09 -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.