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CC RESOLUTION 1313RESOLUTION NO. 1313. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING -�a TH CERTAIN AIVENDMENTS AND MODIFICATIONS THE CON- DITIONAL VARIANCE RECOMMENDED BY THE CITY PLANNING COWAISSION OF SAID CITY IN RESOLUTION N0. 138 OF SAID COMIJIISSION (RELATING TO THE PROPERTY OF CLARENCE M. BURCE) AND APPROVING AND GRANTING SUCH CONDITIONAL VARIANCE VE TH SUCH AMENDMENTS AND MODIFICATIONS. bMEREAS, the City Planning Commission of the City of El Segundo, California, after two public hearings and as provided by law, adopted Resolution No. 13$ of said Commission, which said resolution was and is in words and figures as follows: "RESOLUTION NO. 13$ "VMZREAS, In November, 1952, One Clarence M. Burce brought to the attention of the Planning Commission at a regular meeting his desire to expand apartment R -3 uses into adjoining R -1 areas, all southerly of Imperial High- way, and "WHEREAS, upon a consideration of the obvious factors, it appeared to the Commission that the 150 -foot deep R -3 Classification along the southerly side of Imperial Highway was somewhat unrealistic in that it did not relate to origi- nal or present property lines, while at the same time the 175 -foot depth of R -1 property adjoining to the south and extending to and comprising frontage on Acacia Avenue re- presented a depth greater than that normally used to advan- tage for R -1 purposes, it was the conclusion of the Commission that circumstances might warrant the instituting of proceed- ings to make necessary adjustments in such manner as might later prove desirable, and "WHEREA.,, in kaeping with such tentative conclusion, the Planning Consultant was directed to survey the circum- stances on the ground and to propose what, in his opinion, would constitute good technical policy and practice and what would be the proper means for formally considering ap- propriate changes in order to adopt such proper policies, and "WHEREAS, under date of December 29th, 1952, the Consul- tant submitted in tentative resolution form certain findings and proposals with reference to the subject matter herein re- cited, and "WHEREAS, in considering the policies and practices pro- posed in said resolution the Commission concluded that, because - 1 - F, general practice recognizes that adjustments less than such as may be stipulated as the cause of proposed action may be taken without reprocessing, while to contemplate effecting changes beyond the issues proposed by public no- tice represents an unacceptable practice, be instituted to consider the reclassification of certain properties from R -1 to H -3, said properties comprising a strip of approxi- mately 25 feet in depth next adjoining the southerly line of the existing R -3 classification southerly of Imperial Highway, and "WHEREA3, as a consequence of said action, the Commis- sion did, pursuant to law, hold two regularly advertised public hearings to consider the matter, said hearings being held on Monday, the 9th day of February, 1953, and on Tues- day, the 24th day of February, 1953, and "WH,;REAS, there was introduced at such hearing certain testimony pertinent to the subject which, combined with in- formation derived from the Consultant's investigation and an inspection of the premises by the members of the Commission, offered the foundation for thorough consideration and action on the issue, "NOW THEREFORE BE IT RESOLVED, that the Commission finds there is ,justification and need for making some modi- fication in the zoning classifications and authorities as affecting properties above mentioned; that, by reason of certain complexities as attached to the area as a whole; and by further reason of the fact that said Clarence M. Burce is desirous of and is entitled to a decision in the matter in as reasonably short time as 9s consistent with the re- quirements in the case, it will be in order for the Commis- sion at this time to consider and decide with reference to adjustments as they pertain to properties belonging to said Clarence M. Burce, but that the decision with reference to the more expansive project be deferred for supplementary decision under the same proceedings, "TiMEREFORE BE IT FURTHER RESOLVED, that with respect to that certain property belonging to Clarence M. Burce, more particularly described as the North 45 feet of the South 180 feet of Lot 2, Block 106, El Segundo Tract, lo- cated between Acacia Avenue and Imperial Highway, and between Loma Vista Street and Virginia Street, the following find- ings are made: 111. Subject property, to a depth of 150 feet measured at right angles southerly of Imperial Highway, is classified as R -3. 112. Subject property, for the additional distance south - wardly thereof, is classified as R -1. "3. The original subject property, and the areas sub- sequently acquired by Mr. Burce, together constitute a depth such as has been acknowledged as representing a proper depth for R -3 purposes adjoining the south side of Imperial Highway. "4. The original portion of the Burce property was, subsequent to the effective date of Ordinance No. 306, im- proved with structures designed for and used for apartment purposes. - 2 - "5. That said apartment buildings, as erected upon the original site represent violations of the zoning ordinance to the extent that the required side yards were not main- tained, but that said violation does not now apply to the easternmost of said buildings by reason of the fact that Mr. Burce has acquired the balance of the original lot so that such easternmost buildings do not now reach the east- erly boundary lines of the total building site. 116. That the building which Mr. 3urce desires to erect along the southerly portion of the property consists of a structure to house garages on the ground floor and to con- tain apartments on the second floor. "%. That the plot plans presented by blr. Burce repre- sent a building extending from the east lot line to thewest lot line and allowing no side yards whatsoever, and showing the same building extending to within five (5) feet of the rear lot line, and providing no additional rear yard. "$. That a building of one -story height to be occupied exclusively by garages, thus constituting an accessory build- ing could be erected to the side yard lines and to the rear yard line without reserving a yard space along either of such lines; but that a building to contain apartments, thus con- stituting a main structure within the meaning of the ordi- nance, and thus requiring a minimum of a five foot side yard on each side and a minimum of a twenty foot rear yard on the rear of the lot. "G. That lair. Burce also owns a strip twenty feet wide and extending along the extended westerly boundary of his property to Acacia Avenue, over which said strip he has pro - video access from Acacia Avenue to his establishment at the Imperial Highway frontage, and that such use of such strip constitutes a violation of the zoning ordinance in that it is accessory to R -3 uses not permitted in the H -1 zone, and that such accessory use within the meaning of the ordinance, and in the light of Court decisions on comparable matters, constitute an intrusion of the R -3 use into an R -1 zone. 1110. That the additional property recently acquired by Mr. Burce for the purpose of expanding his apartment estab- lishments represented a separate parcel of land under separ- ate ownership of record long before the effective date of Ordinance No. 306 (Zoning Ordinance and as such although it possessed no legal access to any pu lic thoroughtare, could nevertheless have been occupied by a single- family, two -story residence. "11. That the proposed new structure is to only a cer- tain degree proposed in that construction is well - advanced although the record shows that no building permit herefor has yet been issued, and it appears from the facts available that said structure, which has advanced in construction to the point of having roughed in portions of the second story, is so located upon the ground as to provide no yard apace along the rear line, while the provisions of the zoning or- dinance require a minimum five foot yard along each side of the lot, and a minimum of a twenty foot yard along the rear of the lot. 1112. That to permit the erection and occupancy of the structure as contemplated and as being built by Pir. Burce - 3 - would necessitate variations from the provisions of the ordinance in the following respects; "(a) Waiving the requirement of the side yard line by permitting the structure to be erected at both the easterly and westerly ends to the property line. "(b) Waiving the full requirement for a rear yard line by reducing the amount of the required rear yard to five (5) feet. "(c) By specifically permitting the erection of habita- tion quarters within the new building. "13. That inasmuch as additional area acquisition on the part of Mr. Burce now permits ingress and egress from Imperial Highway, thus obviating the necessity of continu- ing access over the twenty foot strip to Acacia Avenue, it would be in order to stipulate as a condition for a va- riance granted that said strip shall no longer be used for access to serve the R -3 purposes. "14. It is noted that the dimensions indicated on the plot plan of the premises reveal that to permit a building of the dimensions indicated and at the same time require a twenty foot rear yard would place the buildings so far north as to constrict the area between it and the existing build- ings to such degree as to prevent the utilization of the existing garages or certain of the new garages. "THEREFORE BE IT FURTHER RESOLVED, that in consideration of all of the foregoing findings, it is the decision of the Planning Commission that a conditional variance is warranted, and that such conditional variance is hereby approved, sub - ject to the following conditions: 111. That an additional forth -five (45) feet in depth, measured north and south which, in combination with the original depth of one hundred and forty -five (145) feet, provides a total depth of one hundred and ninety (190) measured at right angles from the south side of Imperial Highway, be permitted to be employed for R -3 purposes with the following limitations and conditions - - - "(a) Any new building erected conform in all respects to the provisions of Ordinance No. 306 governing the use of property in the R -3 zone. "(b) That with reference to the new building to be erected upon the southerly portion of said new forty -five (45) feet, being the southerly portion of the total depth of 190 feet, shall be erected to a height of no more than one story, and used for garage purposes only. "2. That the strip of property twenty feet wide and extending along the projected westerly boundary of Lot Block 106, E1 Segundo Tract, and measured northwardly 180 feet from Acacia Avenue be discontinued in use as a means of access to that portion of Lot 2, Block 106, El Segundo Tract, lying northerly of a point 1$0 feet north of Acacia Avenue. " Isl George E. Binder Secretary of the City Planning Commission of the City of E1 Segundo, California -4 - -1 " /s/ L. A. Allen Chairman of the City Planning Commission of the City of El Segundo, California «; and TIMEREAS, said Hesolution No. 138 was thereafter present- ed to the City Council of said City at the regular meeting of said City Council held on the 11th day of March, 1953; and .VHEREAS, at its said meeting of March 11, 1953, said City Council did duly and regularly order that said Resolution No. 138 and the communication from the Clerk of said Planning Commission transmitting the same to said City Council, be received and placed on file in the office of the City Clerk of said City; and WHEREAS, upon such filing of said communication of transmittal and of said Resolution No. 138 of said Commission, Dudley Gray, an attorney at law, representing Clarence M. Burce and Carolyn K. Burce, owners of certain'real property affected by said Resolution No. 138, did appeal from the findings, deter- minations and decision of said City Planning Commission as set forth in its said Resolution No. 138 by filing a written com- munication dated Pdarch 10, 1953, the original of which conanuni- cation and appeal is now on file in the office of the City Clerk and hereby referred to and by this reference incorporated herein and made a part hereof; and SHEREAS, thereupon and at its said meeting of March 11, 1953, said City Council did duly and regularly set the said ap- peal and each and all of the matters, subjects and things set forth and referred to in said Resolution No. 138 for a public hearing to be held before said Council, in the Council Chamber, in the City Hall of said City, at 203 Richmond Street, in said City, beginning at the hour of 7:00 o'clock p.m., on 'gednesday, the 1st day of April, 1953; and WHEREAS, notice of said public hearing on said appeal was thereafter duly and regularly given and published; and WHEREAS, on said 1st day of April, 1953,said L'ity Coun- cil did duly and regularly conduct said public hearing on said appeal and upon each and all of the matters, subjects and things set forth and referred to in said Resolution No. 138 and did afford all persons interested in the matter of said appeal or in the matter of the variance referred to in said Resolution No. 138 or in the decision and determinations of said Planning Commission made in said Resolution No. 138 of said Commission, or in any matter or subject related thereto or connected therewith, to be heard and submit any testimony or evidence they cared to offer with reference thereto; and WHEREAS, at the close of said public hearing, said City Council did duly and regularly take said matter under considera- tion until its regular meeting to be held April 80 1953; and WHEREAS, at its said meeting of April 8, 1953, the Mayor of said City, on behalf of the Mayor and Members of the City Coun- cil of said City, announced that it was the decision of the City Council to grant the variance referred to, subject to certain amendments and modifications, all as hereinafter set forth; and WHEREAS, after said announcement of said decision, the said City Council did by motion duly made, seconded and carried instruct the City Attorney to prepare and present to said Council at its next regular meeting the necessary resolution formally granting said variance in accordance with the decision of the City Council as so announced by the Mayor at said meeting; and WHEREAS, responsive to said instruction, the City Attor- ney has prepared and presented to said Council this resolution and said City Council has carefully reviewed the same and is satisfied that this resolution expresses the true and final decision of said Council in the premises; now, therefore - - 6 - THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DUES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLL"VS: SECTION 1. That the City Council does hereby refer to the complete file of the City Planning Commission of said City re- lating to this matter which is now on file in the office of the Secretary of said Planning Commission and to the complete records and proceedings of the City Council relating thereto which are now on file in the office of the City Clerk of said City and by this reference does hereby incorporate the same herein and make the same a part hereof, as fully and for all intents and purposes as though the same were herein set forth at length. SECTION Z. Said Council does hereby approve findings Nos. 1 to 14, both inclusive, made by said City Planning Commis- sion as set forth in its said Resolution No. 138, hereinabove quoted in the preamble to this resolution, and does hereby make the same findings on its own part as set forth in said findings Nos. 1 to 14, both inclusive, of said resolution of said Commis- sion. SECTION 3. Said City Council does hereby further find that the appellants have already expended or. their said affected properties large sums of money and have incurred various obliga- tions relating to the development and improvement thereof under the impression (right or wrong) they would be permitted to im- prove and develop their said affected properties substantially in accordance with the drawings and plot plan (submitted and received in evidence herein as Exhibit #7 at the said hearing before said City Council) prepared for the development and improvement of their said properties, and to use said properties for multiple residence purposes as so developed and improved. SECTION 4. That the said Council does hereby further find that conditional variances, as hereinafter set forth and granted, are warranted and that the variances and variance - 7 - • : 3�Z conditions as approved, granted and prescribed by said City Plan- ning Commission in its said Resolution No. 138 should be amended and modified to the extent necessary to bring the same into con- formity with the variances hereinafter granted by this Council. SECTION 5. That the said City Council, pursuant to the requirements of Subdivision "C" of Part III of Section 13 of said Ordinance No. 306 of said City, does hereby further find, as fol- lows: 1. That there are exceptional and extraordinary circumstances and conditions applicable to the property involved, and to the intended use of the property, that do not apply generally to the property or class of use in the same vicinity or zone. 2. That the variances hereinafter granted are necessary for the preservation and enjoyment of a substan- tial property right of the applicant possessed by other property in the same vicinity and zone. 3. That the granting of such variances will not be materially detrimental to the public welfare or in- jurious to the property or improvements in such vicinity and zone in which the property is located; and 4. That the granting of such variance will not adversely affect the Comprehensive General Plan of said City. SECTION 6. That in consideration of the foregoing find- ings and of the testimony and evidence submitted and received in said matter, and upon and subject to the conditions hereinafter set forth, the said City Council does hereby grant variances ap- plicable to and affecting the subject properties of the appellants involved herein and which are shown on said map and plot plan "Exhibit Tt %", now on file in the office of the City Clerk of said City and hereby referred to and by this reference incorporated herein and made a part hereof so as to: - 8 - (a) permit the portion of said properties presently located in an R -1 zone under said Ordinance No. 306 to be used for R -3 uses and purposes, as such R -3 uses and pur- poses are permitted in and under said Ordinance No. 306 (including the right to construct apartments over the garages of the south building as contemplated in the plans therefor on file); (b) eliminate the required side yard of five (5) feet on each side; and (c) reduce the required rear yard from twenty (20) feet to five (5) feet and allowing reasonable encroachment for overhang of eaves 3s contemplated in the plans for the southerly building on subject property heretofore submitted and received in evidence in this matter; subject, however, to the following conditions: 1. That any and all buildings, structures and improve- ments on, and to be located on, such subject properties of appellants must in all respects comply, or be made to comply, with the provisions and requirements of the Building, Plumb- ing and Electrical Codes and regulations of said City and all applicable provisions of the laws of the State of Cali- fornia relating to such buildings, structures or improve- ments; and 2. That the use of the twenty (20) foot strip con- netting subject properties of the appellants with Acacia Avenue and which has heretofore been used for ingress to and egress from the subject properties must be immediately abandoned for such use and that such use of said strip shall not at any time in the future be renewed or reinstituted for such purposes. - 9 - SECTION 7, That the variance Planning Commission granted b in its said No. Y said city Resolution and the same is, hereby modified and amended i 138 shall be, n any and spects in which the same maY be in conflict all re- hereinabove authorized and with the variances terminations of granted by this Council the City 'Planning and the de_ said Reso g and as e lotion No. 138 are hereby xpressed in i overruled , as a is to that et result of said appeal, xent. SECTION 8. That wherever herever reference is made to Ordinance No, 306 of ,. in this be construed to said City, it shall mean Ordinance l mean and ce No, 306, as amended SECTION g, That this to date, mediatel is resolution shall Y and the varia aces take effect im- as of graof ted herein shall be , on and after the 8th day Affective decision of the which the prii e , 1953, the date upon appeal was f nnounced. City Council 'first a in the matter of said SECTION 10, That the C• Passage and ado City Clerk shall certify adoption of this resolution; to the in the book of on shall enter original resolutions of the same minute of the passage and ad said City; shall make a Proceedings option thereof in the records g °f said Council of the the same in the minutes of the meeting is passed and adopted; shall at which Of this resolution deliver a certified co to the City Plannin FY and a like certified co g �Ommission of PY thereof said City ter. to the appellants in said mat_ Passed approved and adopted this 15th day of April 1953. ATT City Clerk SEAL) - 10 - Mayor of the City of E California: egu do, 'e-4017 STATE OF CALIFORNIA, )) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. )) I. Neva 14. Elsey, City Clerk of the City of El 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. 1313 , was passed and adopted by the said City Council, approved and signed by the f,iayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 15th day of April, 1953, and that the same was so passed and adopted by the following vote: AYES: Councilmen Baker, Gordon, Swanson and Mayor. Selby; NOES: Councilmen None: ABSENT: Councilmen Peterson. WITNESS my hand and the official seal of said City this 15th day of April, 1953. (SEAL) City Clerk of the City £ El Se- gundo, California.