CC RESOLUTION 3844RESOLUTION NO. 3S44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA UPHOLDING AN APPEAL, THEREBY
DENYING VARIANCE 93 -1, CONDITIONAL USE PERMIT CUP 93 -2,
SUBDIVISION 93 -2 AND VESTING TENTATIVE MAP 51656 FOR THE
is CONVERSION OFAN EXISTING 9 UNITAPARTMENTBUILDINGTO
CONDOMINIUMS AT 512 WEST IMPERIAL AVENUE (
ENVIRONMENTAL ASSESSMENT EA -308). PETITIONED BY
CHARLES BELAK - BURGER
WHEREAS, on April 21, 1993, an application was received from Charles Belak- Burger for EA -308,
CUP 93 -2, Variance 93 -1, Subdivision 93 -2 and Vesting Tentative Map 51656 to allow the conversion
of an existing nine (9) unit apartment building to condominiums at 512 West Imperial Avenue in the
Multiple - Family Residential (R -3) zone; and
WHEREAS, an Environmental Assessment has been prepared and circulated for interdepartmental
comments; and
WHEREAS, the Planning Commission has reviewed the applications and supporting evidence with
the authority and criteria contained in the California Environmental Quality Act, State CEQA
Guidelines and the City of El Segundo Guidelines for the Implementation of the California
Environmental Quality Act (Resolution 3805); and
WHEREAS, on July 29 and August 26, 1993, the Planning Commission did hold, pursuant to law,
• duly advertised public hearings on such matter, and notice of hearing was given in the time, form and
manner prescribed by law; and
WHEREAS, at said hearings opportunity was given to all persons to present testimony or
documentary evidence for or against the findings of EA -308, CUP 93 -2, Variance 93 -1, Subdivision
93 -2 and Vesting Tentative Map 51656; and
WHEREAS, on August 26, 1993, the Planning Commission adopted Resolution No. 2343 approving
EA -308, CUP 93 -2, Variance 93 -1, Subdivision 93 -2 and Vesting Tentative Map 51656; and
WHEREAS, on September 3, 1993, within the ten day appeal period, an appeal to the City Council .
of the Planning Commission approval was filed by Willard E. W. Krick, President of the El Segundo
Residents Association; and
WHEREAS, on October 5, 1993, the City Council did hold, pursuant to law, a duly advertised public
hearing on the appeal, and notice of the hearing was given in the time, form and manner prescribed
by law; and
WHEREAS, at said City Council hearing the following facts were established:
1. The applicant is proposing to convert an existing nine (9) unit apartment building to
condominiums at 512 West Imperial Avenue in the Multi - Family Residential (R -3) zone.
2. The project site is 10,887.5 sq. ft. in area and is developed with a two -story building over a
subterranean garage.
3. The surrounding land uses are multiple- family residential to the east, a club lodge to the west,
single - family residential to the south, and a landscaped parkway and LAX, in the City of Los
Angeles, to the north.
4. Eight (8) units of the apartment building are currently rented out.
5. The building meet all the zoning criteria for apartments when it was constructed. The density
and lot coverage standards were revised in 1989 which now makes the building legal non-
conforming in these two areas.
6. The applicant is requesting two variances from the R -3 Development Standards, (1) allowing
a density of nine units instead of seven units and (2) allowing 65.7% lot coverage instead of
53 %.
7. The zoning code at the time of original approval of the building required 1,500 sq.ft. of lot area
per dwelling .alit for condominiums and 1,000 sq.ft. of lot area for apartments. The project
provides 1,210 sq.ft. of lot area per unit, which complies with the standards for apartments.
1
8. The zoning code at the time of original approval of the building allowed 40% maximum lot
coverage for condominiums and 60% maximum lot coverage for apartments. The project as
originally constructed provides 60% lot coverage which complies with the apartment standards.
New balconies, to provide the required open space, would increase the lot coverage to 65.7 %.
NOW, THEREFORE, BE IT RESOLVED that after consideration of the above facts of Environmental
Assessment EA -308, Conditional Use Permit 93 -2, Variance 93 -1, Subdivision 93 -2 and Vesting
Tentative Map No. 51656, the City Council makes the following findings on variance 93 -1:
VARIANCE
1. That there are no exceptional or extraordinary circumstances or conditions applicable to the
property or to the intended use that do not apply generally to the other property or class of use
in the same vicinity and zone since: the size, shape, topography and construction on the site
are typical of other properties in the same vicinity and zone;
2. That variance is not necessary for the preservation and enjoyment of a substantial property
right possessed by other property in the same vicinity and zone, but which is denied to the
property in question, since: the property was not developed to the zoning code condominium
standards at the time of original construction. The granting of the variance would be a special
privilege and provide increased profits for the property owner since the building provides a
higher density and lot coverage than other condominiums in the same vicinity and zone;
3. That the granting of the variance will be materially detrimental to the public welfare, or
injurious to the property or improvements in such vicinity and zone in which the property is
located since: other condominium projects provide for more stringent standards than
• apartments; and condominium owners in the vicinity and zone expect all condominium projects
to maintain these more stringent development standards;
4. That the granting of the variance will adversely affect the comprehensive general plan since:
the general plan goals, policies and objectives require preservation and maintenance of the
city's low- medium density residential nature with minimum development standards and the
project does not meet the minimum development standards for condominiums at the time of
original construction or the current code minimum development standards
SECTION 1. NOW, THEREBY, BE IT RESOLVED that the City Council hereby upholds the appeal,
thereby denying Variance 93 -1, Environmental Assessment EA -308, Conditional Use Permit 93 -2,
Subdivision 93 -2 and Vesting Tentative Map No. 51656 for the conversion of an existing 9 unit
apartment building to condominiums at 512 West Imperial Avenue.
SECTION 2. 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 which the same is passed and adopted.
PASSED, APPROVED AND ADOPTED this 2nd day of November, 1993.
I
A`1'TESTED:
��4
dy Mort, en,
pity Clerk (SEAL)
APPROVED AS TO FORM:
City Attorney
2
axl Jacob 5n, Mayor
City of Et /segundo,
California
EA308•CC.RES
STATE OF CALIFORNIA ]
COUNTY OF LOS ANGELES ] SS
CITY OF EL SEGUNDO ]
I, Cindy Mortesen, 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. 3844 was duly passed and adopted by the said City
Council, approved and signed by the Mayor or said City, and attested by
the City Clerk of said City, all at a regular meeting of the said Council held
on the 2nd day of November, 1993, and the same was so passed and
adopted by the following vote:
AYES: Mayor Jacobson, Mayor ProTem Wise,
toCouncilman West, and Councilman
Robbins.
NOES: None
ABSENT: Councilman Switz
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 23rd
day of November, 1993.
P
CIND RTESEN
City Clerk of the
City of El Segundo,
California
(SEAL)