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CC RESOLUTION 1267RESOLUTION NO. 1267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING, WITH CERTAIN AMENDMENTS AND MODIFICATIONS, THE CONDITIONAL VARIANCE RECOMMENDED BY THE CITY PLANNING COMMISSION IN SAID COM- MISSIONtS RESOLUTION NO. 132, AND APPROV- ING AND GRANTING SUCH CONDITIONAL VARIANCE ACCORDINGLY. WHEREAS, on the 6th day of November, 1952, the City Planning Commission of the City of E1 Segundo, California, did duly and regularly adopt its Resolution No. 132, which said Resolution was and is in words and figures as follows: "RESOLUTION NO. 132 "RESOLVED, that in the matter of the application of Kenneth C. McIlroy, 745 West Mariposa Asenue, E1 Segundo, California, for a variance to permit the removal of sand from that portion of the Rancho Sausal Redondo, being a por- tion of the South one -half of the Northwest quarter of Sec- tion 11, Township 3 South, Range 15 West, S.B.M. (providing the Government Survey were extended over said Rancho), more particularly described as follows: Beginning at the South- west corner of Lot 6 in Block 7 of Tract 16$5 recorded in Book 21, Page 98 of Maps, in the office of the County Re- corder of said County; thence Westerly along the South line of Lots 7, $, and 9 in said Block and Tract, 271.56 feet to the Southwest corner of said Lot 9; thence South Oo Olt West along the Southerly prolongation of the Westerly line of said Lot 9, Block 7, 240.62 feet; thence Easterly paral- lel with the Southerly lines of said Lots 7, g, and 9 of said Block and Tract, to the Southwest corner of Lot 10 in said Block and Tract; thence North along the west line of said Lot 100 240.62 feet to the point of beginning, which matter was heard at a public hearing held pursuant to law on September 29, 1952, the commission finds as fol- lows: 11(1) The present enterprise possesses the status of a non - conforming use as defined by Ordinance No. 306 (Zoning Ordinance). 11(2) That the present use in its present form is enjoined from continuing after December 31, 1952 by reason of an injunction issued by the Superior Court of Los Angeles County in action No. Ingl. C431 in the Ingle- wood branch of said Court. - 1 - 6914 "(3) That said injunction resulted from an action initiated in the first instance by the City of E1 Segundo. "(4) That the granting of a variance would serve to authorize operations subject to conditions recited in the variance. "REQUIRED SHOWINGS (Section 13, Ordinance No. 306) "(5) Special circumstances do exist within the meaning of the ordinance. "(a) An available natural resource exists on subject property and other properties in the same gen- eral vicinity and zone. "(b) Other sand removal operations exist which also possess the status of nonconforming uses. "(c) The natural resource (sand) is in the form of high dunes, the removal of which will make the properties available for uses conforming to the Cityts Land -Use Plan (Zoning). "(6) The granting of the variance is essential to the enjoyment of a substantial property right enjoyed by other property in the same vicinity and zone: "(a) other properties operating as noncon- forming uses without hindrance are engaged in the same ac- tivity as is subject property; "(b) subject property, and other proper- ties in the same vicinity and zone and upon which sand dunes are located are not practically suitable for residential pur- poses so long as they remain in their present form and by that fact are deprived of privileges enjoyed by other proper- ties in the same vicinity and zone which are not prejudiced by deep deposits of sand upon them. "M The granting of a variance under suitable conditions would not be detrimental to other property in the same vicinity and zone because, - "(a) the removal of sand itself possesses no nuisance value; such characteristics attach to trucking over residential streets and to tipples and other operat- ing equipment not essential to the primary handling of sand. "(b) the existing dunes do constitute a degree of nuisance that can be abated by their removal which removal, in turn, can make such properties permanently avail- able for improvement. "(8) A variance would not adversely affect the Comprehensive General Plan, but, on the contrary, is essen- tial as a temporary authority, to make the Comprehensive General Plan capable of consummation by making certain prop- erties physically suitable for occupancy by improvements such as are contemplated by the Comprehensive General Plan as defined by Ordinance No. 306 and the Master Plan of Streets. - 2 - C-905 "THEREFORE, BE IT FURTHER RESOLVED, that the vari- ance applied for be recommended for approval subject to the following conditions: 11(1) That all conditions of aforesaid injunc- tion be complied with by December 31, 1952. 11(2) That the variance becomes effective on January 1, 1953 provided condition No. (1) next above shall have been complied with, and subject further to provisions of condition (5) below. "(3) That the variance shall terminate at mid- night on June 30, 1954 or sooner if circumstances permit. "(4) That equipment used on the premises shall be limited to one skip loader, hand tools, and that sand be removed from the premises only by trucks belonging to appli- cant. "(5) That applicant secure temporary rights - of -way to permit transporting sand from subject property to Imperial Highway over the most direct route and approximat- ing a route westerly of Hillcrest and substantially parallel thereto, and that after January 31, 1953 trucking by appli- cant over city streets tributary to subject property cease completely and the aforementioned route substituted, pro- vided that the applicability and effectiveness of the variance shall be deemed to be temporary and provisional and subject to review and conclusive action by the Planning Commission at its first regular meeting following said January 31, 1953. "(6) That if at the time of review set forth in condition No. (5) next above, the action is to extend the authority for the full period ending June 30, 1954, such authority shall be subject to applicant posting a bond in the amount of ,$1,000.00 to assure the cost of clearing sub - ject property of equipment, debris, and leveling premises, including the cutting back of any remaining sand banks to a slope of One (1) to One (1). 11(7) Hours and days,of operation shall be on alldays between the hours of 7:00 A.M. and 7:00 P.M., save and except the following days: Sundays, Thanksgiving, Christmas, New Year's Day, Independence Day and Memorial Day. 11(8) That operating shall cease during any hours when there is a westerly wind having a velocity of twenty (20) miles per hour or greater, as indicated by in- strument at the Los Angeles International Airport; and finally "RESOLVED, that a copy of this Resolution be trans- mitted to the City Council for its consideration. "; and WHEREAS, thereafter the said Resolution No. 132 was duly presented to the City Council of said City at its regular meeting of November 19, 1952; and was by said Council referred to the City Attorney for review and report; and - 3 - 6906 WHEREAS, said City Attorney has reviewed the said Re- solution No. 132 and has made his oral report thereon to this Council; and WHEREAS, more than 20 day- have now elapsed after said 6th day of November, 1952, (the date on which the final action of said Planning Commission was taken on the application and matter referred to in said Resolution No. 132k and WHEREAS, no appeal has been made, taken or filed from the action of said Commission as set forth in its said Resolution No. 132; and WHEREAS, the said City Council has now acquired jur- isdiction, as contemplated under the provisions of Ordinance No. 306 (the Zoning Ordinance - Land Use Plan) of said City, as amended, to consider the matters referred to in said Reso- lution No. 132 and in the application therein referred to and to make final decision with reference thereto and with refer- ence to said conditional variance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, FIND, DE- TERMINE, DECIDE AND ORDER, AS FOLLOWS: SECTION 1. That the City Council hereby makes the same findings with reference to the subject matter and use thereof as are made by the said City Planning Commission in its said above quoted Resolution No. 132. SECTION 2. That the City Council, after due con- sideration, believes that the following amendments and modi- fications of certain of the conditions to be attached to the proposed variance, as recommended by the said Commission in its said Resolution No. 132, should be made, to wit: (a) That condition No. (2) as set forth in said Reso- lution No. 132 of said Commission should be modi- fied and amended so as to read as follows: "(2) That the variance become effective on January 1, 1953, provided condition No. (1) - 4 - 6907 hereinabove set forth shall have been complied with, It (b) That condition No. (3) as set forth in said Reso- lution No. 132 of said Commission should be modified and amended so as to read as follows: "(3) That the variance shall terminate at mid- night on June 30, 1954." (c) That condition No. (5) as set forth in said Reso- lution No. 132 of said Commission should be modified and amended so as to read as follows: "(5) That trucks in making access to or egress from the subject property shall traverse the fol- lowing routes: Palm Avenue westerly of Hillcrest Street, Hillcrest Street between Palm Avenue and the northerly boundary line of the City of El Se- gundo (Imperial Highway), unless the Chief of Police shall, under circumstances which he deems proper, designate a different routing in writing served upon the applicant." (d) That condition No. (6) as set forth in said Resolu- tion No. 132 of said Commission should be modified and amended so as to read as follows: "(6) In order that this variance become effec- tive, applicant must post with the City Clerk a surety bond in the principal penalty of 41,000.00, in form approved by the City Attorney and with a surety approved by the Mayor, conditioned that the applicant shall within 10 days after the close of the variance (June 30, 1954) clear the subject property of all equipment and debris and shall grade the excavated portion of said premises to a uniform slope and cut back any remaining sand banks to their natural angle of repose, and must maintain said bond in full force and effect until all conditions thereof have been made and performed." (e) That condition. No. (7) as set forth in said Resolu- tion No. 132 of said Commission should be modified and amended so as to read as follows: "(7) Excepting as hereinafter provided in con- dition No. (8), operations may be carried on on any days except Sundays, Thanksgiving, Christmas Day, New Year's Day, Independence Day and Memorial Day, but shall be confined and restricted to the hours between 7 :00 A.M. and 7:00 EM. of any day." - 5 - 69a8 (f) That a further and additional condition to be desig- nated as condition No. (9) shall be, and the same is hereby added to said variance and which said new condition No. (9) shall read as follows: 11(9) In the event any of the conditions of this variance are broken or violated and the applicant shall fail to correct any such violation within 3 days after notice from the City so to do, the City Council in its discretion may summarily, upon the expiration of said 3 day period, declare this vari- ance cancelled and annulled and in such case the rights and privileges herein granted shall be im- mediately terminated and nullified." SECTION 3. That the City Council, subject to the modi- fications and amendments hereinabove set forth in Section 2 of this resolution, which amendments and modifications are hereby ordered made, does hereby approve the recommendations of said City Planning Commission as set forth in its said Resolution No. 132 (as hereby modified and amended) and does hereby grant the variance applied for accordingly. SECTION 4. That this resolution shall take effect immediately and the conditional variance therein granted shall take effect on the 1st day of January, 1953, and upon the post- ing of the required bond. SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted; and shall cause a certified copy thereof to be delivered to said ap- plicant and a further certified copy to the City Planning Com- mission for their respective information and files in the premises. Passed, approved and adopted this 3rd day of December, 1952. ATTEST: Mayor of the City ei" pZ Segundo, — Californ' City Clerk (SEAL) - 6 - 69 *19 STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. ) I. Neva M. Elsey, City Clerk of the City of E1 Se- gundo, 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. 1257, was passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City all at a regular meeting of the said Council held on the 3rd day of December, 1952, and that the same was so passed and adopted by the following vote: AYES: Councilmen Baker, Gordon, Peterson, Swanson and Mayor Selby; NOES: Councilmen None; ABSENT: Councilmen None. WITNESS my hand and the official seal of said City this day of December, 1952. (SEAL) - 7 - City Clerk of the Ci y of E1 Segundo, Calif nia.