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91-135 RESOLUTION NO. 91~-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4111. WHEREAS, after a request for variance to permit two illegally constructed apartment units, 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. 4111 was denied covering the following described property: PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 37, PAGE 15 OF PARCEL MAPS, IN THE OFFICE OF THE ORANGE COUNTY RECORDER; and 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 prescribed by law and, as a result thereof, the City Council does hereby make the following findings: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity; and WHEREAS, the City Council does further find and determine with regard to the proposed waiver of certain off-street parking requirements that: 1. The variance will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses; and 2. The granting of the variance under the conditions imposed will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. 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 to permit two illegally constructed apartment units on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: Variance 4111 SECTIONS 18.34.063.022 Minimum structural setback. and 18.34.064 (9 feet required; 5 feet existing) SECTIONS 18.06.050.0121 Minimum number of parking spaces. 18.06.080 (70 required; 66 existing and and 18.34.066.010 proposed) SECTION 18.34.062.032 Minimum floor area of dwelling unit. (700 sq.ft. required for 1-bedroom units; one 696 sq.ft. 1-bedroom apartment existing) That said variance be granted subject to the following conditions: 1. That due to the change in use and/or occupancy of the building, plans shall be submitted to the Building Division showing compliance with the minimum standards of the city of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for any necessary work and double fees shall be paid because of the two (2) apartments approved by this variance were "boot- legged" and the appropriate permits were never obtained from the City. 2. That the legal owner of subject property shall enter into an unsubordinated recorded agreement with the City of Anaheim pursuant to California Government Code Section 65915 to provide that two (2) of the thirty (30) residential units shall be rented as very low or low income housing as defined in California Government Code Section 65915 and with appropriate rental controls as approved by the city of Anaheim for a period of not less than thirty (30) years from the date of recordation of subject agreement. Since this thirty (30) unit apartment complex already exists, the next two (2) units which become available for rent shall be the units set aside as affordable for households having very low or low incomes. A copy of the recorded agreement shall be submitted to the Zoning Division. 3. That the appropriate fees shall be paid for the two (2) "boot- legged" apartment units (approved under this variance) in the same amounts as would be paid if building and/or other required permits were being issued at this time for the construction of two new apartments. Said fees include, but are not necessarily limited to: the park and recreation in- lieu fees, the traffic signal assessment fees, and the building permit fees plus "late penalty" (for failing to obtain permits prior to construction). Variance 4111 4. That subject property shall be developed substantially in accordance with plans and specification submitted to the city of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2. 5. That within a period of ninety (90) days from the date of this resolution or prior to issuance of a building permit, whichever occurs first, Condition Nos. 2 and 3, above- mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 6. That within a period of ninety (90) days from the date of this resolution or prior to final building and zoning inspections, whichever occurs first, Condition Nos. 1 and 4, above- mentioned, shall be complied with. 7. 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 compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 7th day of May, 1991. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:kh ORDRES\V4111.179 Variance 4111 - 3 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the city of Anaheim, do hereby certify that the foregoing Resolution No. 91R-135 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 7th day of May, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Pickler, Ehrle and Hunter NOES: COUNCIL MEMBERS: Daly ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 91R-135 on the 8th day of May, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 8th day of May, 1991. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 91R-135, duly passed and adopted by the City Council of the City of Anaheim on May 7, 1991.