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CC RESOLUTION 3488RESOLUTION NO. 3488 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING SUBDIVISION 87 -5 (PARCEL MAP NO. 18682) AND VARIANCE 87 -6. WHEREAS, an application has been received from Herman McDown and Frank Sabatasso to permit the applicants to divide a single 10,360 sq. ft. lot of record with approximately 81 feet frontage into two 5,180 sq. ft. lots of 40.77 ft. frontage; and WHEREAS, the El Segundo Municipal Code allows a parcel of record on May 14, 1954 with frontage of between 80 ft. to 88 ft. to be divided into two parcels with a minimum 40 ft. frontage and 5,000 sq. ft. of area per parcel; and WHEREAS, a variance for the subject parcel is requested for relief from the aforementioned lot of record date requirement, as the subject lot became a lot of record in January, 1955; WHEREAS, the Planning Commission of the City of E1 Segundo, did hold, pursuant to law, duly advertised public hearings on such matter in the Council Chamber of the City Hall, 350 Main Street, E1 Segundo, on May 14, 1987 and May 28, 1987, and notice of said hearings was given in the time, form and manner prescribed by law; and WHEREAS, it was the opinion of the City Attorney that the Planning Commission's May 28th tie -vote on the matter resulted in "no decision;" and WHEREAS, it was the consensus of the Planning Commission to transmit the application and the resultant tie -vote to Council for decision; and WHEREAS, a duly advertised public hearing on the application and tie -vote was scheduled in the Council Chamber of the City Hall, 350 Main Street, E1 Segundo, on July 7, 1987, and notice of said hearing was given in the time, form and manner prescribed by law; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby certifies that it has considered the above facts and the files and record herein, and has studied proposed Subdivision 87 -5 (Parcel Map No. 18682) and Variance 87 -6, and has considered any comments received during the public review process and finds, based on its consideration of these matters, as follows: 1. Exceptional circumstances exist which are applicable to this property, but which are not applicable to other properties in the same vicinity. 2. The applicant would be denied a substantial property • right possessed by other properties in the same vicinity if the variance is not granted. The properties to the east and west have previously been split. -1- 7787 -R.PL 3. The granting of the variance will not be detrimental to the existing single - family district, nor will it be injurious to • the public welfare. 4. The granting of the variance will not adversely affect the comprehensive General Plan. The proposed subdivision is in conformance with the city's adopted General Plan Land Use Element, which designates the area for division of property to a size appropriate for single - family residential use. 5. The proposed subdivison conforms to the city's zoning regulations for minimum lot area. 6. The proposed subdivision will be adequately served by existing and required sewer and water connections, utilities and access to protect the public health, welfare and safety. 7. The site is suitable for single - family residential development because of its level grade and compatibility with surrounding single- family residential land use and similar size lots. • SECTION 2. In view of the above facts and findings, the City Council hereby approves Subdivision 87 -5 (Parcel Map No. 18682) and Variance 87 -6 subject to the following conditions: 1. All structures on the property shall be removed prior to recordation of the final map. 2. The lot shall be fenced with a 6 ft. chain link fence prior to the issuance of any demolition permit. The gates shall not open onto the public right -of -way. 3. All demolition material shall be removed from the lot within seven days of commencement of demolition. Notwithstanding the above, if an imminent danger to public safety exists as a result of the demolition, the condition shall be abated within 24 hours. 4. A new sewer connection will be required for one of the proposed lots. The developer shall connect to the existing sewer lateral at the property line. If existing lateral is less than 6 inches in diameter or is not in good condition, a new 6 inch lateral and 6 inch cleanout shall be constructed. 5. All broken, deteriorated off -grade or otherwise damaged curbs, sidewalks, driveway apron and A.C. pavement shall be replaced or repaired. 6. All existing overhead utility service and any required new service, including cable TV shall be placed underground. SECTION 3. 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. -2- 7787 -R.PL U �J SECTION 4. Further, within ten days following the adoption of this Resolution, the City Clerk shall mail a copy of this Resolution to the applicant at the address shown on the application and to any other person requesting a copy of same. The decision of the Council is final. PASSED, APPROVED and ADQfP ED this 4th day of August, 1987. (SEAL) 40 40 -3- the City o California 7787 -R.PL STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF EL SEGUNDO ) SS 0 I. Ronald L. Hart, 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. 3488 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 4th day of August, 1987, and that the same was so passed and adopted by the following vote: AYES: Councilmembers Anderson, West, and Mayor Siadek NOES: Councilmembers Jacobson and Schuldt ABSENT: None WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY this 12th day of August, 1987. E City Clerk of the City of El Segundo, California (SEAL)