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83R-234 RESOLUTION NO. 83R-234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3328. - WHEREAS, after a request for variance by PAUL T. SALATA, owner, and STATE-WIDE DEVELOPERS, INC., agent, 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. 3328 was denied covering the following described property: THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 11 WEST IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; 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 the developer of said property has agreed to con- struct at least 25 percent of the housing development for persons and families of low or moderate income as defined in Section 50093 of the Health and Safety Code; and 2. For the aforesaid reason, Section 65915 of the Government Code authorizes the City to grant to developer a den- sity bonus consisting of a density increase of at least 25 percent over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan. 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 332 unit affordable residen- tial 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 sq. ft. required; 2438 sq. ft. proposed). That said variance be granted subject to the following conditions: 1. That this Variance is granted subject to the completion of Reclassification No. 82-83-27, now pending. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3 (Revision No.2). 3. That prior to final building and zoning inspections, Condition No.. 2, above-menttoned, shall be complied w-ith. 4. That prior to issuance of building permits, the devel- oper shall enter into an agreement with the City of Anaheim pur- suant to Government Code Section 65915 to provide that not less than 83 of the residential units shall be sold as' low'or moderate income housing as defined in Government Code Section 65915 and with appropriate resale controls as approved bY'the'City of Anaheim. 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 jur- isdiction, then this Resolution, and any approvals herein con- ta~ned, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anahe~~ AYOR OF THE CI'TY . ANAHEIM ATTEST: I,INDA D. ROBERTS, CITY CLERK 'li~_ ASSISTANT CITY CLERK OF THE CI Y OF ANAHEIM JLW:fm l266M 6-24-83 -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) -. I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. ~3R-234 was introduced and adopted at a regular meeting provided by law, of tpe City Council of the City of Anaheim held on the 7th day of June, 1983, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 83R-234 on the 7th day of June, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 7th day bf June, 1983. LINDA D. ROBERTS, "IT7 CLERK ~~~~ ASSISTANT CITY CLERK 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. 83R-234 duly passed and adopted by the Anaheim City Council on June 7, 1983. LINDA D. ROBERTS, CITY CLERK ~. --?t~ ASSISTANT CITY CLERK -,