CC RESOLUTION 980J
RESOLUTION N0. 980
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO, CALIFORNIA, GRANTING A CERTAIN
CONDITIONAL VARIANCE ON THE APPLICATION OF
GEORGE N. RUZZAMENTI AND JOHN R. PATTERSON,
DBA SUPREME BRASS AND ALUMINUM COMPANY, AS
EFFECTING CERTAIN REAL PROPERTY WITHIN SAID
CITY AND AS RECOMMENDED BY THE CITY PLANNING
COMMISSION OF SAID CITY IN ITS RESOLUTION NO.50.
WHEREAS, the City Planning Commission of the City
of E1 Segundo, California, did, at its regular meeting of
January 10, 1949, adopt a resolution (a copy of which has
been duly presented to and filed with this Council), and
which said resolution is in words and figures as follows, to wit:
"RESOLUTION NO. 50
"RESOLVED, that in the application of George N.
Razzamenti and John R. Patterson, d.b.a. Supreme Brass
and Aluminum Company, for a variance to permit the
location of a brass and aluminum foundry on Lots 4, 5,
and 6, Block 3, E1 Segundo, property classified as
AM -1', the E1 Segundo Planning Commission finds as
follows:
"l. That the special circumstances as contemplated
in Paragraph C, Part 1I, Section 13 of Ordinance No. 306,
apply in the instant case to the intended use rather than
to the subject property in that certain ambiguity exists
within the meaning of Paragraph A, Use, Section 12, of
Ordinance No. 306 because 'Aluminum' is not included
among the metals mentioned in item 15. Paragraph A. Use,
Section 11 of Ordinance No. 306 as constituting 'Iron,
steel, brass or copper foundry or fabrication plant.' as
a permissible use under 'M -2' Heavy Manuiact� ring Zone.
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112. In view of the fact that investigation and
testimony indicates that the treatment of aluminum and
brass in this particular foundry retorts on the scale
which is normally employed does not constitute an ob-
jectionable use, it is deemed by the Commission to be
in keeping with the intent and purpose of the Ordinance
to find and declare that the particular intended use at
the particular scale intended to be installed and on the
particular subject property would constitute a use well
in keeping with the intent and purpose of the Zoning
Ordinance.
"3. That beoause of the uncertainty, however, con-
netted with any enterprise that may have reason to grow
in the extent of operations and volume of materials pro-
cessed, it is impractical to attempt developing a defini-
tion of limited use as would permit the thus defined
limited use being incorporated as an automatically per-
mitted use in the bight Industrial Zone. Wherefore, the
only alternative left is to deal with the individual case
through interpretation as provided in the reference above
noted in order to assure that the purpose and provisions
of the Ordinance shall be carried out in fact.
"4. Under the circumstances attached to the parti-
oular use, it is deemed that special circumstances do
attach in the sense contemplated in Paragraph C. Part II
Of Section 13.
"5. In view of the facts thus deduced, that the
intended use on subject property under all the circumstances
prevailing constitutes a legitimate type of use that to be
deprived of the utilization of subject property for that
Purpose would constitute a deprivation of a substantial
property right enjoyed by other property but denied to
subject property.
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it 6. That inasmuch as under the interpretation, the
intended use within the limits herein defined constitutes
a use comparable to those specifically allowed in 'M -10,
and that it would not and could not exert a detrimental
influence upon surrounding properties beyond those con-
templated by the general provisions of the ordinance.
"9. That, inasmuch as the intended use under the
interpretation here given, and under the circumstances
of the limitation, constitutes an equivalent of an 'M -1'
it does not adversely affect the provisions of the Com-
prehensive General Plan, which, in the instant case, is
limited to the band Use Plan provided under Ordinance
No. 306.
"THEREFORE, BE IT FURTHER RESOLVED, that the appli-
cation for the said variance be approved, but upon the
following specific conditions:
A. That the enterprise be limited to the nee of
two (2) pit furnaces.
B. That the enterprise be limited to a use of two
hundred (200) pounds of copper per heating.
C. That all of the operations and/or maintenance
be conducted wholly within a building.
S. That a violation of any of the conditions or
circumstancea set forth in this action, without first
having applied for and received authority in the form of
an amended variance, a substitute variance, or other
evidence, will constitute an automatic relinquishment of
the authority granted hereby, and that the resulting con -
ditions will automatically constitute a violation of the
provisions of Ordinance No. 306 and subject to the
penalties and provisions set forth therein.
"AND FURTHER RESOLVED, that a copy of this resolution
be forwarded to the City Council for its attention and
each action as it deems wise under the circumstances. it
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>>r 1e
AND, WEEREA3, this Council has duly and carefully
considered the said Resolution No. 50 above quoted and the
subjects and matters therein referred to, and has reached
its decision with reference thereto;
NO'N, THEREFORE, the City Council of the City of
E1 Segundo, California, does hereby resolve, declare, find,
determine and order as follows:
SECTION 1. That the said copy of said above quoted
Resolution No. 50 so presented be placed on file in the office
of the City Clerk of the City of E1 Segundo, open to public
inspection, and that the said copy of said Resolution No. 50,
so on file, be and the same is hereby referred to and by this
reference incorporated herein and made a part hereof.
SECTION 2. That said Council, after reviewing said
Resolution No. 50; the file relating to: and the subject
of the requested conditional variance therein referred to,
does hereby find and determine as follows:
(1) That the said application is an application
which is properly made to said Co=ission and Council under
the provisions of Part II, Section 13 of Ordinance No. 306
of said City, as amended.
(2) That the variance applied for and the real
property affected thereby are the following, to wit:
(A) Description of Property.
That certain property located in the City
of E1 Segundo, County of Los Angeles, State
of California, described as Lots 4, 5 and 6,
Block 3, E1 Segundo Sheet No. 1, as per Map
recorded in Book 18, page 69 of Maps in the
office of the County Recorder of said County, -
now zoned M -1,
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(B) Variance Requested:
Applicant desires a variance to permit the
location and operation on the above described
property of a brass and aluminum foundry.
(3) That the special circumstances as contemplated
in Paragraph C, Part II, Section 13 of Ordinance No. 306, apply
in the instant case to the intended use rather than to the
subject property in that certain ambiguity exists within the
meaning of Paragraph A. Use, Section 12, of Ordinance no. 306
because "Aluminum" is not included among the metals mentioned
in item 15. Paragraph A. Use, Section 11 of Ordinance No. 306
as constituting "Iron, steel, brass or copper foundry or
fabrication plant." as a permissible use under "M -2" Heavy
Manafactaring Zone.
(4) In view of the fact that investigation and
testimony indicates that the treatment of aluminum and brass
in this particular foundry retorts on the scale which is nor-
mally employed does not constitute an objectionable use, it is
deemed by the Commission to be in keeping with the intent and
purpose of the Ordinance to find and declare that the parti-
cular intended use at the particular scale intended to be
Installed and on the particular subject property would con-
stitute a use well in keeping with the intent and purpose of the
Zoning Ordinance.
(b ) That because of the uncertainty, however, con-
nected with any enterprise that may have reason to grow in the
extent of operations and volume of materials processed, it is
impractical to attempt developing a definition of limited use
as would permit the thus defined limited use being incorporated
as an automatically permitted use in the light Industrial Zone.
Wherefore, the only alternative left is to deal with the indi-
vidual case through interpretation as provided in the reference
above noted in order to assure that the purpose and provisions
of the Ordinance shall be carried out in fact.
(6) Under the circumstances attached to the par-
tioular use, it is deemed that special circumstances do attach
in the sense oontemplated in Paragraph C. Part II of Section 13.
(7) In view of the facts thus deduced, that the
intended use on subject property under all the circumstances
prevailing oonstitutes a legitimate type of use that to be de-
prived of the utilization of subject property for that purpose
would constitute a deprivation of a substantial property right
enjoyed by other property but denied to subject property.
(8) That inasmuch as under the interpretation, the
intended use within the limits herein defined constitutes a
use comparable to those specifically allowed in and
that it would not and could not exert a detrimental influence
upon surrounding properties beyond those contemplated by the
general provisions of the ordinance.
(9) That, inasmuch as the intended use under the
interpretation here given, and under the circumstances of the
limitation, constitutes an equivalent of an "M -1" it does not
adversely affect the provisions of the Comprehensive General
Plan, which, in the instant case, is limited to the Land Use
Plan provided under Ordinance No. 306.
SECTION 3. That said City Council does hereby,
subject to the condition hereinafter set forth, grant the said
variance so as to permit the location and operation of a brass
and aluminum foundry on said above described real property
within said City.
SECTION 4. That the variance hereinabove granted
is so granted at this time subject to the following special
conditions, to wit:
That under the provisions of Section 15 of said
Ordinance No. 306, an appeal from the said decision of said
E1 Segundo Planning Commission made in its said Resolution
No. 50, may be filed not later than twenty (20) days after
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the adoption of said Resolution No. 50 in the matter of said
variance. This condition is such that if an appeal is taken
that said period of twenty (20) days the City Council of said
City shall set the matter of such appeal fvr hearing, as re-
quired in connection with hearings before said Council on such
appeals, and will hold such hearing, and the decision of the
City Council on such matter shall be final, and the variance
hereby granted must be accepted at this time subject to the
filing of any such appeal and subject to any final decision
on the part of said Council thereon. Any action taken, and
any and all costs, expenses, loss or damage incurred or
suffered by reason of the exercise of said exception, or of
any right granted thereunder, shall be the sole responsibility
of the persons taping such action or incurring any such costs,
expenses, loss or damage incurred or suffered by reason of
the use or exercise of said variance, or any of the rights
herein granted prior to the expiration of said appeal period,
and the final decision of the City Council thereon in the event
of such appeal.
Nothing herein contained shall in any manner what-
soever be, or be deemed, or be construed or held to be, an
expression, indication or agreement as to what the determi-
nation or decision of said Council may be in the event of any
such appeal, and all interested ;arsons are hereby put on
notice of such fact. In the event that no each appeal is
filed within said twenty (80) day period, then the variance here-
in granted shall become and be final.
SECTION 5. That this resolution shall take effect
immediately.
SECTION 6. That the City Clerk shall certify to the
passage and adoption of this resolution. shall cause the same
to be entered in the book of resolutions of the said City of
El Segundo, and shall make a minute of the passage and adoption
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thereof in the records of the proceedings of the City Council
of said City in the minutes of the westing at which the same is
passed and adopted. Said City Clerk is also hereby authorized
and instructed to forward a certified copy of t1is resolution
to said applicant for said variance for its information and
files in the matter.
Passed, approved and adopted this 19th day of January,
A. D., 1949.
ATTEST:
City Clerk
(SEAL)
STATE OF CALIFORNIA
3 "GGM S
CITY OF EL SEGUNDO.
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C J C�ij L
Mayor of the City of El Segundo,
California.
I, Victor D. McCarthy, City Clerk of the City of E1
Segundo, California, do hereby certify that the whole number of
members of the City Council of the said City is five: that the
foregoing resolution, being Resolution No. 980, was passed and
adopted by the said City Council, approved and signed by the
kayor of said City, and attested by the City Clerk of said City,
all at a regular meeting of the said Council held on the 19th dty
of January, 1949, and that the same was so passed and adopted by
the following vote:
AYES: Councilmen Baker, Peterson, Swanson, Thompson and
Mayor Selby;
NOES: Councilmen None.
ABSENT-Councilmen None.
(SEAL)
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