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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 Sa: 4‹ mi l; z 8 p i 'E. LA PALMAAVE L. 1 Zl i 44 i 2,. N AVE G F; oA i E "pGO� WAY ,,,,,T n eao AO 4 10523 EXHIBIT A