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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: SJM:dnl 031193 414 - 2 - 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