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CC RESOLUTION 1180fi 515 RESOLUTION NO. 1180 A RESOLUTION OF THE CITY COUNCIL OF THE CI'T'Y OF EL SEGUNDO, CALIFORNIA, APPROVING THE FINDINGS, DETERMINATIONS AND RECOMMEN- DATIONS OF THE CITY PLANNING COMMISSION OF SAID CITY, AS EXPRESSED IN RESOLUTION NO. 104 OF SAID COMMISSION, WITH REFERENCE TO CERTAIN USES IN CERTAIN ZONES, UNDER THE PROVISIONS OF ORDINANCE NO. 306 OF SAID CITY. WHEREAS, there has been presented to this Council a full, true and correct copy of Resolution No. 104 of the Planning Commission of the City of E1 Segundo, which said Resolution No. 104 was adopted by said Commission on August 27, 1951; and WHEREAS, the following is a full, true and correct copy of said Resolution No. 104, to wit: "RESOLUTION NO. 104 "WHEREAS, there has been presented to the City Planning Commission a substantial and earnest complaint concerning noise and dust emanating from premises oc- cupied by the PAN AMERICAN AIRCRAFT SALES COMPANY, lo- cated at 1700 East Holly Avenue, on property more particularly described as Lot 333, Block 123, E1 Segundo, California, which property is presently classified 'M -1`, and "WHEREAS, said alleged dust and noise result from the test running of aircraft engines, which specific use is not enumerated among those recited as permis- sible in any of the several zones defined in Ordinance No. 306, and "WHEREAS, said Ordinance No. 306 provides in Section 12 thereof that where any use is omitted from the list of those specified, or if ambiguity exists with refer- ence to any matter in the Ordinance, it shall be the responsibility of the Planning Commission to ascertain all pertinent facts and, based thereon, recommend the proper interpretation thereof, and that when such recom- mendation is concurred in by the City Council, thereafter such interpretation governs, - 1 - 65!.6 "NOW THEREFORE BE IT RESOLVED, that with respect to the issue presented by these complaints, and based upon testimony introduced before the Planning Commission, and upon information gathered directly by the members of the Planning Commission and its staff, the Commission finds as follows: "(1) That Section 10 of Ordinance No. 306, which Section establishes the light manufacturing zone, stipu- lates among the permissible uses therein the broad in- terpretation in the following words, 'Any kind of manufacture, processing or treatment of products other than those which may be obnox- ious, or offensive by emission of odor, dust, smoke, gas, noise, or other similar causes.t "(2) Section 11 of Ordinance No. 306 establishing the 'M -2' Heavy Manufacturing Zone, after stipulating 41 typical uses as illustrating what is permitted in said zone, stipulates as item 42 'And, in general, those uses which may be obnoxious or offensive by reason of emission of odor, dust, smoke, gas, vibration, noise and the like; - -.', and then further provides that certain subsequently enumerated uses possessing possible exces- sive degrees of obnoxious characteristics shall be processed and made subject to the granting of a special use permit before being allowed to locate and operate. "(3) That under Section 10 of Ordinance No. 306 there is stipulated among the permissible uses item 4 'Aircraft factory (no foundry).', which item is herein referred to because the engines involved in the case at hand relate to aircraft, but that the establishment in which the engines are processed definitely is not an aircraft factory. "(4) That the operation of the engines in the open, as complained of, does produce noise in great volume and of great intensity and, although not measured in decibles, it is well established that said noise extends to con= siderable distances from its source in sufficient volume to constitute a degree of nuisance and that with respect to other uses which are permissible in the immediate vi- cinity, the said noise constitutes a nuisance of major proportions. "(5) That the dust raised by air currents through the rapidly revolving propellers attached to said en- gines is of great volume, and that the air stream thus formed reaches to considerable distances and carries dust in quantities constituting a definite nuisance to property and persons within the path of the winds origi- nating from said operation. "WHEREFORE BE IT RESOLVED, that it is the opinion of the Planning Commission that the use under question, operated under the circumstances prevailing at present, is 'obnoxious or offensive by reason of emission of dust, vibration and noise' and that as such it constitutes a use which, under the purpose and intent of Ordinance - 2 - 65"17 No. 306, if specifically enumerated, would be included among those used permitted only in the M -2 Heavy Manu- facturing Zone and that its present location and oper- ation, therefore, constitutes a violation of both the general intent and the letter of the law as defined by the said Ordinance No. 306, and "FURTHER RESOLVED, that with reference to the class- ification status of said use it be recommended to the City Council that for purposes of administration and enforcement it be hereafter decreed that the testing of aircraft engines be classified as follows: "(a) That when conducted in the open it be classi- fied and dealt with as 'M -2' uses under item 42 in Sec- tion 11 of Ordinance No. 306, which will subject them to review and the issuance of special use permits, and "(b) That when such engine testing or running is performed in connection with equipment designed for and operating with the result of muffling excessive noise and eliminating dust, that said use be classified and dealt with as a permissible M -1 use, and "FINALLY RESOLVED, that with reference to the cir- cumstances here directly, under consideration, the oper- ation of the enterprise constitutes a violation of Ordinance No. 306 and that it be recommended to the City Council that the City, on its own initiative by authority of the Council, take such steps as the Coun- cil and the City Attorney may deem necessary and appro- priate to abate the violation. "Said motion carried and said Resolution No. 104 was adopted by the following vote: "Ayes: Commissioners Binder, Frederick and Chair- man Allen Noes: None. Absent: Commissioners Ranson and Thompson." ; and WHEREAS, the City Council has duly and carefully con- sidered the findings, determinations, and recommendations of the said Planning Commission, as set forth in its said above quoted Resolution No. 104; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That said City Council does hereby approve and confirm the findings, determinations and recommendations of the City Planning Commission of the City of E1 Segundo, Cali- fornia, all as set forth in said above quoted Resolution No. 104 of said Commission. - 3 - 6548 SECTION 2. That on and after the effective date of this resolution, the particular uses referred to, designated and classified by said City Planning Commission in and by its said Resolution No. 104 shall govern, all as set forth in said Resolution No. 104. SECTION 3. That this resolution shall take effect immediately. SECTION 4. That this resolution is adopted pursuant to the right and authority of the City Council so to do, as contemplated under the provisions of Paragraph "A. 'USE. GENERAL" set forth in Section 12 of said Ordinance No. 306 of said City. 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; 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 5th day of Septem- ber, 1951. ATTEST: City Clerk (SEAL) Mayor of the City E1 Segundo, Califoenia - 4 - 65 19 STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. ) I, Neva M. Elsey, City Clerk of the City of E1 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. 1180, 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 5th day of September, 1951, and that the same was so passed and adopted by the following vote: Ayes: Councilmen Peterson, Swanson, Thompson and Mayor Selby. Noes: Councilmen None. Absent: Councilman Gordon. WITNESS my hand and the official seal of said City this 5th day of September, 1951. (SEAL) - 5 - City Clerk �of�the Citylof El Segundo, Californ .