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: