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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 - 2 - 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