RES-2008-132RESOLUTION NO. 2008 -132
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINDING AND DETERMINING THAT
THE ZONING MAP REFERRED TO IN TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED
AND THAT THE BOUNDARIES OF CERTAIN ZONES
SHOULD BE CHANGED (RECLASSIFICATION NO.
2008- 00216).
WHEREAS, the City Planning Commission of the City of Anaheim did hold a public
hearing in Reclassification Proceedings No. 2008 -00216 to consider an amendment to the Zoning
Map referred to in Title 18 of the Anaheim Municipal Code, and to consider a change in the
boundaries of the zone or zones hereinafter mentioned and described to reclassify the subject
property, as described below, from the RS -2 (Single Family Residential) Zone into the C -G (General
Commercial) Zone and, at said hearing, did receive evidence and reports from persons interested
therein and from its staff; and
WHEREAS, within a period of forty (40) days following said hearing, the Planning
Commission did duly adopt a resolution containing a report of its findings, a summary of the
evidence presented at said hearing and granted the proposed amendment; and
WHEREAS, said Planning Commission, by its Motion, did request that the Anaheim
City Council review the Planning Commission's action granting the proposed amendment at a duly
noticed public hearing in conjunction with its consideration of General Plan Amendment No. 2008-
00464, Conditional Use Permit No. 2008 05309, and Determination of Public Convenience or
Necessity No. 2008 00040; and
WHEREAS, thereafter, the City Council did set said application for such project for a
de novo hearing, which public hearing was duly noticed in the manner provided by law; and
WHEREAS, at the time and place fixed for said public hearing, the City Council did
hold and conduct such public hearing and did give all persons interested therein an opportunity to be
heard, and did receive evidence and reports, and did consider the same; and
WHEREAS, the City Council does find and determine that the Zoning Map referred
to in Title 18 of the Anaheim Municipal Code should be amended and that the property hereinafter
described should be excluded from the zone or zones in which it is now situated and incorporated in
the zone and zones as hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that the City Council does hereby declare and indicate its intention to amend the Zoning
Map of the City of Anaheim and to rezone and reclassify certain real property situated at 770 and 752
North East Street in the City of Anaheim, County of Orange, State of California, as more particularly
shown in Exhibit "A" attached hereto and incorporated herein by this reference, into the RS -2
(Single Family Residential) Zone of the City of Anaheim, upon the following conditions:
1. That prior to introduction of an ordinance rezoning subject property, a sewer
study shall be submitted to the Public Works Department, Development Services
Division for review and approval. The Study shall include an analysis of all
sewer impacts to the existing sanitary sewer system based upon the ultimate
project build -out condition. If any segment of the existing sewer pipe flows full
then development will be restricted, construction of new sewer facilities will be
required or denial of the permit may result. The sewer study discussion shall be
based upon and reference the applicable City of Anaheim Master Plan of Sanitary
Sewers for the project area.
2. That prior to placement of an ordinance rezoning subject property on an agenda
for City Council consideration, Condition No. 1, above mentioned, shall be
completed. The City Council may approve or disapprove a zoning ordinance at
its discretion. If the ordinance is disapproved, the procedure set forth in Anaheim
Municipal Code Section 18.60.140 shall apply. The provisions or rights granted
by this resolution shall become null and void unless said conditions are complied
with within one (1) year from the date of this Resolution.
3. That completion of these reclassification proceedings is contingent upon approval
of General Plan Amendment No. 2008 00464, now pending.
4. That approval of this application constitutes approval of the proposed request
only to the extent that it complies with the Anaheim Municipal Zoning Code and
any other applicable City, State and Federal regulations. Approval does not
include any action or findings as to the compliance or approval of the request
regarding any other applicable ordinance, regulations or requirement.
BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does
hereby find and determine that the adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth. Should any
condition or any part thereof, be declared invalid or unenforceable by the final judgment of any court
of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed
null and void.
BE IT FURTHER RESOLVED that this resolution shall not constitute a rezoning of,
or a commitment by the City to rezone, the subject property; any said rezoning shall require an
ordinance of the City Council which shall be a legislative act which may be approved or denied by
the City Council at is sole discretion.
-2-
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 1 5th day of July 2008, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY CLERK OF THE CITY OF ANAHEIM
69254.v1/MGordon
By
CITY OF A EIM
MAYOR OF THE CI O ANAHEIM
T
RAYMOND
RETARDING
BASIN
SANDALWOOD AVE
RS 2
1 DU EACH
April 28, 2008
ED Subject Property
General Plan Amendment No. 2008 -00464
Reclassification No. 2008-00216
Conditional Use Permit No. 2008 -05309
Determination of Public Convenience
or Necessity No. 2008 -00040
752 770 North East Street
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EXHIBIT A