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80R-467 RESOLUTION NO. 80R -467 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3161. WHEREAS, after a request for variance by EBRAHIM TALEBI, ET AL., owner, was received, a public hearing before the Planning Commission of the City of Anaheim was held upon due and proper notice, a result of which Variance No. 3161 was granted covering the following described property: PARCEL 1: The Northerly 43.5 feet of Lot 10 and the Southerly 31.5 feet of Lot 9 of Tract No. 796, in the County of Orange, State of California, as per map recorded in Book 24, Page 28 of Miscellaneous Maps, Records of said county. PARCEL 2: That portion of Lot 1 in Block A of Tract No. 796, in the City of Anaheim as per map recorded in Book 24, Page 28 of Miscellaneous Maps in the Office of the County Recorder of said county; adjoining Lots 9 and 10 of said Tract lying Southerly of the Westerly pro- longation of a line North of and parallel with the South line of Lot 9, 31.50 feet, except the South 75.00 feet thereof. PARCEL 3: The South 75 feet of Lot 10 of Tract No. 796, in the City of Anaheim, as per map recorded in Book 24, Page 28 of Miscellaneous Maps, in the Office of the County Recorder of said county. PARCEL 4: The South 75.00 feet of the following described land: That portion of Lot 1 in Block "A" of ,r' Tract No. 796, in the City of Anaheim as per map recorded in Book 24, Page 28 of Miscellan- eous Maps in the Office of the County Recorder of said county, adjoining Lots 9 and 10 of said Tract lying Southerly of the Westerly prolongation of a line North of and parallel with the South line of Lot 9, 31.50 feet. -1- WHEREAS, thereafter, within the time prescribed by 'law an interested party or the City Council on its own motion caused the review of said Planning Commission action at a public hearing noticed and held as presc,ibed by law and as a result thereof the City Council does hereby make the following findings: That the petitioner stipulated that 100% of the units will be sold as low and moderate cost housing in price ranges as required by the city of Anaheim, pursuant to Govern- ment Code Section 65915 pertaining to density bonuses and other incentives for low and moderate income housing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that a conditional zoning variance be, and the same is hereby, granted permitting a one -lot thirty (30) unit condominium complex on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.31.061.012 - Minimum lot area per dwelling unit. (3000 square feet required; 1230 square feet pro- posed) SECTION 18.31.062.020 - Maximum site coverage. (40% permitted; 41.7% proposed) SECTION 18.31.062.0322 - Minimum floor area (950 square feet per unit required for 2- bedroom units; 870 square feet proposed) SECTION 18.31.063.024 - Minimum landscaped setback. (20 feet required adjacent to RS -7200 Zoning; 7 feet proposed) SECTION 18.31.063.031 - Minimum recreational - leisure area. (1000 square feet per unit required; 303 square feet proposed SECTION 18.31.066.010 - Minimum number and type of parking spaces. (105 spaces, ,* 60 enclosed in garages required; 57 spaces, 31 in carports proposed -2- That said variance be granted subject to the following conditions: 1. That this Variance is granted to the completion of Reclassification No. 80 -81 -3 and Tentative Map of Tract No. 11178 now pending. 2. That subject property shall be developed substan- tially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit Nos. 1 and 2. 3. That Condition No. 2, above mentioned, shall be complied with prior to final building and zoning inspections. 4. That the developer shall enter into an agreement with the City of Anaheim pursuant to Government Code Section 65915. Said agreement shall be recorded concurrently with or prior to the final map and shall provide that 100% of the units shall be sold as low or moderate income housing as defined in Government Code Section 659.15. Said agreement shall include such other provisions, including resale controls, as approved by the City of Anaheim. BE IT FURTHER RESOLVED that the City Council 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 the City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owner, his heirs, successors or assigns to comply with the Anaheim Municipal Code and regula- tions and the conditions herein. Said variance is granted for the term prescribed by the Anaheim Municipal Code unless otherwise specified herein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 14th day of October, 1980. / l �F E � - ! ` / ZF 'NAHEIM ATTEST: i CIT CLERK OF T`E CITY OF ANAHEIM JLW:jh -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 80R -467 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 14th day of October, 1980, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Roth and Seymour NOES: COUNCIL MEMBERS: Kaywood and Bay ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 80R -467 on the 14th day of October, 1980. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 14th day of October, 1980. if: i .3�4 ter/ CITY CLE• OF THE CITY OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 80R -467 duly passed and adopted by the Anaheim City Council on October 14, 1980. OPAL 111 CITY CLERK