CC RESOLUTION 32441415ti
RESOLUTION NO. 3244
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO, CALIFORNIA, GRANTING A REQUEST
FOR A VARIANCE, IN PART; AND DENYING A REQUEST.
FOR A VARIANCE, IN PART, ALL WITH RESPECT TO
A VARIANCE REQUEST OF LAS FRERES HACIENDA,
VARIANCE NO. 83 -4.
WHEREAS, Las Freres Hacienda (herein "Appellant ")
applied to the City of El Segundo, California, for a Variance
from Section 20.54.060(l)(C) (General Requirements) of Chapter
20.54 (Off - Street Parking) of Title 20 (Zoning) to allow
Appellant to provide compact car parking spaces on property
owned by it; and for a Variance from Section 20.54.060(2)(A)
(General Requirements) of Chapter 20.54 (Off- Street Parking)
of Title 20 (Zoning) to permit parking on property not owned
by Appellant to be counted as part of the parking required for
the Hacienda Hotel by the El Segundo Municipal Code; and
WHEREAS, the Planning Commission did, pursuant to/
law, hold public hearings at which an opportunity was given to
all persons to present testimony or documentary evidence for or
against the proposed Variances; and
WHEREAS, the Planning Commission, after duly consi-
dering the matter, denied the two requests for Variance, by
its Resolution No. 2052; and
WHEREAS, Appellant filed a timely appeal to the City
Council from the decision of the Planning Commission; and
WHEREAS, on December 6, 1983, the City Council of
the City of El Segundo, California, did, pursuant to law, hold
a public hearing with respect to the said appeal, at which hearing
an opportunity was given to all persons to present testimony or
documentary evidence for or against the appeal; and
WHEREAS, at said public hearing, the following facts
were established with respect to the request for a Variance from
the off -site parking requirements of Section 20.54.060(2)(A) of
the El Segundo Municipal Code:
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WHEREAS, at said hearing the following facts were es-
tablished with respect to the request for a Variance from the pro-
visions of the El Segundo Municipal Code to allow compact car
parking spaces on property owned by Appellant:
1.
1.
That the remainderman, Carole Escobar, was
.
not a party to the Variance application;
2.
That neither the applicant nor the remainderman
Planning Commission in its Resolution No. 577
agreed to a covenant or deed restriction, which
374. The amount of parking spaces required
limits use of the Holly Avenue parcel to parking
above 374 is established by reference to
for the benefit of the hotel as long as the
issued by the City;
hotel use exists;
That 403 parking spaces are now provided;
3.
That Exhibits 3A, B & C demonstrate that all
parking requirements, both as to number of
parking requirements, both as to number of
spaces and as to design and location, can be
spaces and as to design and location, can be
4.
That compact spaces are not now permitted by
met without a Variance; and
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5.
That compact spaces have never been permitted
4.
That the parking lot plans, labeled Exhibits
El Segundo Municipal Code;
6.
3A through 3E, were inadequate to show exactly
Council never took any formal action with
how many of the required parking spaces were
respect to the permissibility of compact
proposed to be located on the Holly Avenue
public notice;
lot; and
WHEREAS, at said hearing the following facts were es-
tablished with respect to the request for a Variance from the pro-
visions of the El Segundo Municipal Code to allow compact car
parking spaces on property owned by Appellant:
1.
That 440 parking spaces are now required by
the E1 Segundo Municipal Code for all uses on
property owned by Appellant. The number 440
is established based upon a decision of the
Planning Commission in its Resolution No. 577
establishing the number of parking spaces at
374. The amount of parking spaces required
above 374 is established by reference to
building permits applied for by Appellant and
issued by the City;
2.
That 403 parking spaces are now provided;
3.
That Exhibits 3A, B & C demonstrate that all
parking requirements, both as to number of
spaces and as to design and location, can be
met without a Variance;
4.
That compact spaces are not now permitted by
the El Segundo Municipal Code for hotel uses;
5.
That compact spaces have never been permitted
for hotel uses under any prior version of the
El Segundo Municipal Code;
6.
That the public record shows that the City
Council never took any formal action with
respect to the permissibility of compact
spaces on this site, either with or without
public notice;
7.
That there are special and extraordinary cir-
cumstances and conditions with respect to the
northwesterly portion of Appellant's north
parking lot, located immediately ',south of
Palm Avenue, which the Council considers suf-
ficient to allow compact car parking in the
limited area described above; and
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8. It appears that the addition of compact
car parking spaces in that limited area
will be beneficial to the public parking
at Appellant's facilities;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA DOES RESOLVE AS FOLLOWS:
SECTION 1. With respect to that portion of Appellant's
appeal from the denial of a Variance to include off -site parking
spaces on property not owned by Appellant, the City Council finds
as follows:
(1) That the Appellant failed his burden of
proof that he has a leasehold interest in
the Holly Avenue parcel;
(2) That the City has been offered no assurance
that the Holly Avenue property would con-
tinue to be used as a parking lot for the
benefit of the hotel;
(3) That providing parking spaces off -site will
have no effect on the accessibility to the
hotel of patrons of public transit facilities
which presently serve the hotel;
(4) That the legislative history of the El Segundo
Municipal Code shows that the word "ownership"
in Section 20.54.060(2)(A) means a fee simple
interest;
(5) That the legislative history of the El Segundo
Municipal Code shows that the words "lot or
building site ".in Section 20.54.060(2)(A)
means one legally divided parcel; and
(6) That a hotel is not a "commercial business,
industrial or warehouse use" within the meaning
of Section 20.54.060(1)(C) of the El Segundo
Municipal Code.
SECTION 2. Accordingly, the appeal from the Planning
Commission decision on Variance request No. 83 -4 to allow off -site
parking on property not owned by Appellant to be included in the
total amount of parking spaces required by the El Segundo Muni-
cipal Code is denied.
SECTION 3. With respect to that portion of Appellant's
appeal from the denial of a Variance to include compact car park-
ing spaces on property owned by Appellant, the City Council finds
as follows:
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(1) That the configuration of that portion of
Appellant "s north parking lot, located at
the extreme north and west corner of the
said lot, has unique physical characteristics.
A map showing the exact location of the area
described herein is attached as Exhibit "A ";
(2) That with the exception of the physical
characteristics described in sub - paragraph
"(1)" immediately above, there are no other
unique physical characteristics applicable
to the sites;
(3) That other than the physical characteristics
mentioned in sub- paragraph "(1)" above,
there is no hardship which deprives this
property of privileges enjoyed by other pro-
perties under the same zoning classifica-
tion; and
(4) That other than the physical characteristics
mentioned in sub - paragraph "(1)" above, to
grant a Variance under these circumstances
would constitute a special privilege.
SECTION 4. Accordingly, the City Council of the City
of El Segundo, California hereby grants that portion of the request
for Variance, No. 83 -4, to allow some compact car parking on prop-
erty owned by Appellant, to the extent authorized in the following
conditions (all of which are conditions to the granting of a
Variance from the E1 Segundo Municipal Code standards). The con-
ditions are:
(a) That on that portion of Appellant's north
parking lot in the extreme north and west
portion of that property shown on Exhibit "A"
Appellant may stripe the said area to pro-
vide for 48 compact car stalls (an increase
from 36 parking stalls);
(b) That on all of the rest of the property
owned by Appellant on which parking required
by the El Segundo Municipal Code has been or
will be provided, Appellant shall not stripe
any parking spaces for compact car parking;
(c) That within 60 days of the effective date of
this Resolution, Appellant shall provide 440
striped parking spaces on property owned by
. it for the hotel complex. The increase in
the number of spaces (12) allowed by this
Variance, to 48 spaces from 36 spaces, shall
not count in the total 440 spaces required,
but shall be over and above the said 440
spaces. A total of 452 spaces shall be pro-
vided if Appellant provides compact spaces
in the limited area authorized by this Variance;
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(d) The Certificate of Deposit No. 139975, in the
amount of $125,000, heretofore deposited with
the City, shall remain on deposit with the
City and shall be forfeited by Appellant should
Appellant fail to provide and stripe the prop-
erty for 440 parking spaces, or 452 spaces
if Appellant provides compact spaces in the
limited area authorized by this Variance,
within a 60 -day period commencing on the date
this Resolution becomes effective. In the
event Appellant complies with the terms of
this Variance within the time period required,
the Certificate of Deposit shall be returned
to Appellant.
(e) Appellant shall agree, by acceptance of this
Variance, that in the event the City Council
of the City of El Segundo enacts an ordinance
which affects Appellant's property, providing
for compact car parking spaces, Appellant shall
within 60 days of the effective date of such
an ordinance so providing, re- stripe that
portion of its property used for parking in
a manner consistent with the ordinance as
enacted.
SECTION 5. 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; and 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.
PASSED, APPROVED and ADOPTED this 3rdl day of
January 1984,
f
M r o he City of E1 Segundo,
California
ATTEST:
r�
City Clerk
(SEAL)
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES
CITY OF EL SEGUNDO )
I, VALERIE A. BURROWES , 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. 3244 was duly 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
January , 19 84 and that the same was so passed and
adopted by the following vote:
AYES: Council Members Johnson, Siadek and Mayor Bue
NOES: Council Members Armstrong and 5ynadinos
ABSENT: Council Member None
WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY this
10th day of January 19 84
City Clerk of the—City-of E1 Segundo,
California
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