93-049 RESOLUTION NO. 93R-49
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AMENDING
RESOLUTION NO. 91R-266 (CONDITIONAL
USE PERMIT NO. 3440).
WHEREAS, the City Council heretofore held a duly noticed
public hearing and adopted its Resolution No. 91R-266 granting
Conditional Use Permit No. 3440 to permit an affordable senior
citizens apartment complex located at 3301 West Lincoln Avenue in
the City of Anaheim; and
WHEREAS, Conditions 15 and 16 of Resolution No. 91R-266
require the applicant to record an unsubordinated affordable
housing agreement and an unsubordinated covenant restricting
occupancy, as described in the Resolution; and
WHEREAS, the State Department of Housing and Community
Development ("HCD") and the California Housing Finance Agency
("CHFA"), the public agency lenders for the project, require their
documents to be superior to the City's required documents; and
WHEREAS, the City Council has determined that the
provisions contained within HCD and CHFA financing are consistent
with the City's interests in providing affordable housing and
restricting the use of the property to senior citizen housing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, for the reasons hereinabove stated, Condition
Nos. 15 and 16 of Resolution No. 91R-266 be, and the same are
hereby, amended to delete the subordination requirement and read as
follows:
"15 That prior to issuance of a building permit, the
legal property owner shall enter into a recorded
agreement with the City of Anaheim pursuant to
California Government Code Section 65915 to provide
that not less than twelve percent (12%) of the Code-
permitted number of residential units shall be
rented as very 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 issuance of occupancy
permits. In addition, the legal owner shall also
include in the agreement a provision that twenty
five percent (25%) of the total number of proposed
senior citizens' apartment units shall be rented as
lower income housing (as described in Anaheim
Municipal Code Section 18.94.040) 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 issuance of occupancy permits. A copy
of the recorded covenant shall then be submitted to
the Zoning Division.
16. That not more than two (2) persons, at least one (1)
of whom must be a senior citizen aged sixty two (62)
or older shall reside in, or be permitted to reside
in any bachelor or one (1) bedroom unit; and that
not more than three (3) persons, at least one (1) of
whom must be a senior citizen, shall reside in, or
be permitted to reside in any two (2) bedroom unit;
and that all occupants and residents of any dwelling
unit who are not senior citizens other than the
spouse or cohabitant of, or a person who resides
with and provides primary physical or economic
support to the resident senior citizen, shall be at
least forty five (45) years of age except that
temporary residency by a person less than forty five
(45) years of age for a cumulative period of sixty
(60) days in any calendar year shall be permitted;
and that a covenant in a form approved by the City
Attorney so-limiting such occupancy shall be
recorded with the office of the Orange County
Recorder by the legal owner of the property. A copy
of said recorded covenant shall then be submitted to
the Zoning Division."
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 16th day of March
1993.
ATTEST:
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STATE OF CAUFORNIA )
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. 93R-49 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 16th day of March, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Piclder, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-49 on the
17th day of Mamh, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 17th day of March, 1993.
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. 93R-49 was duly passed and adopted by the City Council of the City of Anaheim on
March 16, 1993.
CITY CLERK OF THE CITY OF ANAHEIM