91-333 RESOLUTION NO. 91R-333
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN
CONDITIONS OF APPROVAL IN VARIANCE NO. 4111 AND
AMENDING RESOLUTION NO. 91R-135.
WHEREAS, the city Council of the City of Anaheim
heretofore adopted Resolution No. 91R-135 approving Variance No.
4111, subject to certain conditions specified therein; and
WHEREAS, the permittee has now requested an amendment to
certain of said conditions of approval; and
WHEREAS, the City Council held a duly noticed public
hearing on December 10, 1991, at which hearing the City Council did
receive and consider evidence, both oral and documentary, relating
to said request; and
WHEREAS, the City Council hereby finds and determines
that the amendment of said conditions of approval in the manner
hereinafter set forth is reasonably necessary to protect the public
peace, health, safety or general welfare, or necessary to permit
reasonable operation under said Variance.
NOW, THEREFORE, BE IT RESOLVED by the city Council of the
city of Anaheim that the conditions of approval heretofore imposed
in Variance No. 4111 be, and the same are hereby, amended as
follows:
1. That Condition No. 2 of Variance No. 4111
as set forth in Resolution No. 91R-135 is
hereby amended to read as follows:
"That the legal owner of subject property shall
enter into a 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. Said
agreement shall include the following provisions:
(a) that subject Variance NO. 4111 shall be deemed
null and void effective upon the foreclosure of any
lien which has not been expressly subordinated to
the recorded agreement; and (b) if and when subject
variance is rendered null and void, the two (2)
illegally-constructed apartments shall be forthwith
removed and subject apartment complex shall be
VAR #4111
returned to a maximum total of twenty eight (28)
apartments. 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 covenant
shall be submitted to the Zoning Division."
2. That new Condition No. 4A be, and the same hereby,
added to Variance No. 4111, to read as follows:
"That subject Variance No. 4111 shall be deemed null
and void effective upon the foreclosure of any lien
which has not been expressly subordinated to the
recorded agreement (described in Condition No. 2).
If and when subject variance is rendered null and
void, the two (2) illegally-constructed apartments
shall be forthwith removed and subject apartment
complex shall be returned to a maximum total of
twenty eight (28) apartments."
3. That Condition No. 5 of Variance No. 4111 as set
forth in Resolution No. 91R-135 is hereby amended to read as
follows:
"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, 3 and 4A, 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."
BE IT FURTHER RESOLVED that, except as expressly amended
herein, Resolution No. 91R-135 shall remain in full force and
effect.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 10th day of December,
1991.
CITY CLERK OF THE ~ITY OF AN~EIM
JLW:dnl
R34V4111.12
121391
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VAR #4111
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-333 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 10th day of
December, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler 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-333 on the 11th day of Decembar, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 11th day of December, 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-333 duly passed and adopted
by the City Council of the City of Anaheim on December 10, 1991.
CITY CLERK OF THE CITY OF ANAHEIM