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09.01 Second Reading ORD 10-17 Repealing ORD 11-11ORDINANCE SECOND READING June 12, 2018 1. SUBJECT Second Reading and adoption of an Ordinance of the City Council of the City of Orange Repealing Ordinance No. 1141, 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. 2. SUMMARY The introduction and First Reading of the above - entitled Ordinance was approved at a Regular Council Meeting on May 8, 2018. The Ordinance is now presented for Second Reading by title only, and adoption. Vote at First Reading: AYES: Alvarez, Whitaker, Smith, Murphy, Nichols NOES: None ABSENT: None 13. RECOMMENDATION Adopt Ordinance No. 10 -17. 14. ATTACHMENTS Ordinance No. 10 -17 ITEM 9.1 1 6/12/18 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 repeal 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 the repealing of Ordinance 11 -11 and to rescind the Development Agreement on November 14, 2017 and May 8, 2018, 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: