CC RESOLUTION 1391RESOLUTION NO. 1391.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL SEGUNDO, CALIFORNIA, DETER -
MINING THAT THE "USE" OF THE LOCATION,
CONSTRUCTION, OPERATION AND MAINTENANCE
OF A WIND TUNNEL, SUBJECT TO AND IN COM-
PLIANCE WITH CERTAIN CONDITIONS, LIMITA-
TIONS AND SAFEGUARDS, IS A PROPER USE TO
BE PERMITTED IN AN M -2 ZONE UNDER THE PRO-
VISIONS OF THE LAND USE PLAN - ZONING
ORDINANCES OF SAID CITY.
WHEREAS, the "use" of the location, construction, opera-
tion and maintenance of a wind tunnel is a use which has been
omitted from the lists of those "uses" specified as permissible
in each of the various zones designated in the Land Use Plan -
Zoning Ordinances (Ordinance No. 306 and ordinances amending the
same and supplementary to, or in extension of said Ordinance No.
306) of said City; and
WHEREAS, under and pursuant to the provisions of sub-
division "a" of Part 111. General" of Paragraph "A. Use" of Section
12 of said Ordinance No. 306, as amended by Ordinance No. 348 of
said City, North American Aviation, Inc. did address to and file
with the City Planning Commission of the City of E1 Segundo a
communication in words and figures as follows:
"September 25, 1953
"Planning Commission
City of E1 Segundo
El Segundo City Hall
El Segundo, California
"Gentlemen:
"North American Aviation, Inc, is proposing to construct
a Wind Tunnel, to be used for the research and develop-
ment of air planes, on a parcel of land approximately
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10 acres in size on a section of land between Mari-
posa Street on the north, E1 Segundo Blvd. on the
south bounded by Douglas Street and Duley Road in
the City of El Segundo.
"Request is submitted to you for approval of permit
for construction of a wind tunnel in an P42 zone, City
of El Segundo.
"Very truly yours,
NORTH AMERICAN AVIATION, INC.
/s/ H. W. Linton
H. W. Linton
Chief Industrial Engineer
"HWL:MR:sd
cc: J. J. OtHern
D. Pehrson
t4
„; and
WHEREAS, upon receipt of said communication, the City
Planning Commission of the said City did at the meeting of said
Commission held on the 28th day of September, 1953, decided to
obtain a report from Gordon Whitnall, Staff Consultant, and au-
thorized the setting up of said matter of said wind tunnel for
public hearing; and
WHEREAS, pursuant to said authorization, said public
hearing was
the Council
26th day of
P.M.) of sa
said public
and
thereupon set to be held
Chamber in the City Hall
October, 1953, beginning
id day, and notice of the
hearing was duly and reg
before said
of said Cit
at the hour
time, place
zlarly given
Commission in
f, on Monday, the
of 7:45 o'clock
and purpose of
and published;
WHEREAS, at the time and place appointed for said pub-
lic hearing, said Commission did duly and regularly proceed to
conduct and hear said matter and did at the close of said hear-
ing take said matter under advisement; and
WHEREAS, said Commission did at the meeting of said
Commission of October 30, 1953, duly and regularly adopt its
Resolution No. 163 setting forth the pertinent facts concerning
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74,:3.
said use as ascertained by said Commission and did recommend to
said City Council the approval.of said application of North
American Aviation, Inc. "for permission to build the proposed
wind tunnel according to physical description and assured quiet
performance "; and
WHEREAS, said Resolution No. 163 of said Commission
was presented to the City Council of the said City at the meet-
ing of said Council of November 4, 1953, and was by said Coun-
cil taken under advisement until its next regular meeting to be
held Thrusday, November 12, 1953; and
WHEREAS, at its said meeting of November 12, 1953,
said City Council took said matter under further advisement un-
til its regular meeting to be held November 1$, 1953, and in-
structed the Director of Public Works of said City to make in-
spection of a wind tunnel installation in the area of Cleveland,
Ohio; and
WHEREAS, at said meeting of November 1$, 1953, of said
Council, said Director of Public Works filed with said Council
his written report dated November 17, 1953, respecting his in-
vestigation of the N.A.C.A. Lewis Propulsion Laboratoryts super-
sonic wind tunnel in Cleveland, Ohio, and said City Council, after
discussion of said report and of said pending application, ordered
that the said matter be referred back to said Planning Commission
with a request that it proceed to process the same as contempla-
ted under the provisions of said Ordinance No. 306, as amended; and
WHEREAS, thereafter said City Planning Commission did
duly and regularly set said matter
before said Commission on the 14th
which said hearing notice was duly
lished; and
WHEREAS, after said last
and on said 14th day of December,
for a second public hearing
day of December, 1953, of
and regularly given and pub -
mentioned public hearing
1953, said City Planning
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Commission did duly and regularly adopt its Resolution No. 16$
in words and figures as follows:
"RESOLUTION NO. 16$
"WHEREAS, in the matter of the application of
North..American Aviation, Inc., for permission to erect
a wind tunnel in Section 7, Township 3 South, Range
14 West, of E1 Segundo, the Planning Commission did
hold a public hearing as required by Ordinance 306 on
the 30th day of October, 1953, and
"WHEREAS, as a result of facts and testimony and
exhibits presented at said hearing, the Commission did
recommend to the City Council by Resolution No. 163, that
permission be granted for construction of said facility,
and
"WHEREAS, the City Council held a public hearing on
the same subject on November 18, 1953, and
"WHEREAS, as a result of said hearing the City Coun-
cil referred the matter back to the Planning Commission
for further study, and
"WHEREAS, the Commission did hold a second hearing
on the 14th day of December, 1953, and
"WHEREAS, as a result of additional facts presented
the Commission finds as follows:
111. That the report of Donald R. Short, City Engi-
neer, authorized by the City Council to investigate a
wind tunnel in Cleveland, Ohio, contained the following
five conclusions:
(1) The propagation of noise from such an
operation is an undeniable fact and
serious problem;
(2) The problem is such that only competent
technicians can provide the solution;
(3) Such technical service is necessary to
properly protect the rights and interests
of the general public and the position of
local government;
(4) The cost of such technical service is a
proper charge against the permittee;
(5) It is reasonable and proper for the City
to establish through its Consultant, a
sound spectrum specification as a con-
dition to the issuance of the permit.
112. That, on the first hearing held by the Planning
Commission on October 30, 1953, it was established that
North American Aviation, Inc., had retained the services
of Bolt, Beranek and Newman, acoustical experts;
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"3. That the Cleveland wind tunnel is of a differ-
ent type than the one proposed in E1 Segundo, and pre-
sented more of a noise problem, having an exit velocity
of approximately 100 m.p.h., as compared with 40 to
50 m.p.h., as proposed E1 Segundo installation;
"4. That this firm of Bolt, Beranek and Newman had
quieted the Cleveland wind tunnel;
115. That the sound criteria that the report of
Donald R. Short recommended be established, was presented
at the first hearing of the Planning Commission and a
graphical exhibit of same was made a part of the offici-
al files of the Commission;
116. That this criteria establishes the sound level
of the proposed wind tunnel to be so low as to present a
minimum problem;
"7. That to make this sound level the maximum limit
upon which a permit is issued for the wind tunnel, would
be discriminatory unless applied to all other uses per-
mitted in the same M -2 zone;
T'$. That the described noise level, if made a con-
dition of permit, would possibly exclude certain indus-
tries now permitted in M -2 zones;
119. That the establishment of a maximum noise level
cannot be set without an extensive survey of the entire
City of El Segundo by qualified experts in that field;
"NOW, THEREFORE, BE IT RESOLVED, that as a result of
all facts, testimony, reports and exhibits presented at
both the hearings held by the Commission on October 30,
1953 and December 14, 1953, and after careful consider-
ation, the Commission recommends that the application of
North American Aviation, Inc., to construct a wind tunnel
as described, be granted, and
"FINALLY RESOLVED, that a copy of this Resolution be
forwarded to the City Council for its consideration and
action.
"Passed, approved and adopted this 14th day of Decem-
ber, 1953•
if /s/ George E. Binder
Secretary of the City Planning
Commission of the City of
E1 Segundo, California
"APPROVED:
/s/ L. A. Allen
Chairman of the City Planning
Commission of the City of
El Segundo, California "; and
WHEREAS, upon receipt of said Resolution No. 16$ of said
Planning Commission, said City Council did at its meeting of
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December 16, 1953, set said matter for public hearing to be
held before said Council in the Council Chamber in the City
Hall of said City, at the hour of 7:00 otclock p.m., on Wednes-
day, the 13th day of January, 1954; and
WHEREAS, notice of said last mentioned public hearing
was duly and regularly given and published; and
WHEREAS, said public hearing of January 13, 1954, was
duly and regularly conducted before said Council and duly and
regularly continued until the next regular meeting of said Coun-
cil to be held January 20, 1954, at 7:00 otclock p.m.; and
WHEREAS, said continued hearing was duly held on said
20th day of January, 1954, and said hearing was further continued
until the hour of 7 :00 otclock p.m. on January 27, 1954; and
WHEREAS, at said meeting of January 27, 1954, the hear-
ing of said matter was further continued until the hour of 7:00
otclock p.m. at the next regular meeting of the Council to be
held February 3, 1954; and at said last mentioned meeting the
matter was further continued until the hour of 7:00 otclock p.m.
on the 10th day of February, 1954, and the City Attorney was in-
structed to prepare and present to said Council for its consider-
ation, a form of resolution granting such permit, subject to
certain conditions; and
WHEREAS, at said continued hearing of February 10,
1954, said matter was further continued until the hour of 7 :00
otclock p.m. at the next regular meeting of the City Council
to be held on the 17th day of February, 1954; at which time the
City Attorney, as instructed, informally presented to the City
Council for its consideration a form of resolution; and
WHEREAS, at said meeting of February 17, 1954, North
American Aviation, Inc. requested that the hearing be continued
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until the next Council meeting of February 24, 1954, so that
said North American Aviation, Inc. would have additional time
to study the supplemental report submitted by Mr. Loye, Sound
Consultant; and at said continued hearing of February 24, 1954,
said matter was further continued, upon the request of North
American Aviation, Inc., until the hour of 7 :00 o ►clock p.m.,
on March 3, 1954; and
WHEREAS, said last mentioned hour has now arrived,
and the City Council has duly and carefully reviewed the said
matter and has reached its determination and decision with ref-
erence thereto as hereinafter set forth;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE,
FIND AND ORDER AS FOLLOWS:
SECTION 1. Said City Council does hereby find that
the facts recited in the preamble of this resolution are true.
find:
SECTION 2. Said City Council does hereby further
(1) That wind tunnels and the location and the operation
thereof present particular and peculiar characteristics which
are affected by many factors, one of the chief of which is the
noise factor.
(2) That unless protection is afforded against the noise
factor in a wind tunnel installation and operation, such factor
could become a public nuisance.
(3) That the City Council, after reviewing the entire
file of the City Planning Commission and particularly the en-
gineering reports, graphs and data therein contained and having
carefully reviewed all of the evidence and engineering reports,
data and information adduced at the public hearing before said
City Council, believes that the conditions hereinafter set forth
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W149
and the safeguards against the noise factor hereinafter pro-
vided should have the effect of providing wind tunnel operation
of a character and nature which will not constitute a public
nuisance.
SECTION 3. That in view of the foregoing premises
and findings and as a result thereof, the City Council, subject
to the conditions and safeguards hereinafter enumerated, does
hereby approve the recommendations of the City Planning Commis-
sion of the City of E1 Segundo, California, as set forth in its
said Resolution No. 168 and does hereby accordingly designate
the construction, operation and maintenance of a wind tunnel
as a proper use to be permitted in an M -2 zone under the pro-
visions of the zoning ordinances of the said City. The condi-
tions and safeguards which the Council deems essential to such
wind tunnel construction, operation and maintenance herein -
above referred to and which the City Council hereby prescribes
are the following, to wit:
(1) The location of any such wind tunnel within any
such M -2 zone must be confined to the following described
real property located within the City of El Segundo,
County of Los Angeles, State of California, to wit:
A parcel of land situated in Section 7,
Township 38, Range 14W, Sausal Redondo
Rancho, S.B.B. & M., described as follows:
Beginning at a point on the West line of
Douglas Street and 40 feet South of the
center lire of Mariposa Avenue, said 40
feet being measured along the west line of
Douglas Street; thence Southerly 1531 feet
along the west line of Douglas Street to a
point; thence Westerly along a line parallel
to the center line of El Segundo Boulevard
and 1069 feet to the North of said center
line to a point on the East line of Duley
Road; thence Northerly along said east line
of Duley Road for a distance of 1531 feet
to a point on the South line of Mariposa
Avenue; thence Easterly along the said
south line of Mariposa Avenue for a dis-
tance of 565 feet to the point of beginning.
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For the purposes of convenience in reference and
in determining the boundaries of the area above de-
scribed, there is attached hereto and designated as
"Exhibit A ", a map or plat entitled, "Trisonic Wind Tun-
nel Site Proposals 1 & 2 E1 Segundo ". Said Exhibit A is
hereby referred to and by this reference incorporated
herein and made a part hereof.
(2) Prior to the completion of a wind tunnel, the
person desiring to locate, construct, maintain and oper-
ate the same (current applicant being North American Avia-
tion , Inc.) shall submit to the City Council of E1 Se-
gundo a statement in writing by Dr. Leo L. Beranek, or
in the event of the unavailability of Dr. Beranek, any
other recognized acoustical expert employed by such per-
son (current applicant being North American Aviation,
Inc.) to the effect that the wind tunnel has been designed
to achieve noise levels at one -half mile not greater
than the following;
Frequency Bands
Cps
20 -75
75 -150
150 -300
300 -600
600 -1200
1200 -2400
2400 -4800
4800- 100000
Sound Pressure Levels
Db. re 0.0002 microbar
72
61
53
48
44
41
39
37
(3) That the construction, operation and mainte-
nance of the said wind tunnel and its appurtenances shall
be such that the actual noise levels one -half mile from
the site when measured in accordance with "(4)" below,
shall in any one frequency band, averaged over the 12 po-
sitions specified, not exceed the numbers tabulated above
by more than 10 db for operation between the hours of
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7:00 o'clock A.M. to 10 :00 o'clock P.M., nor more than
5 db for operation between the hours of 10:00 o'clock
P.M. and 7:00 o'clock A.M.
(4) The noise measuring equipment used for deter-
mining the actual noise levels shall consist of a Sound
Level Meter meeting the specifications contained in
"American Standards on Sound Level Meters Z 24.3 (1944) "
and an Octave Band Analyzer meeting the specifications
contained in "American Standards on Octave -Band Filter
Sets Z 24.10 (1953)" and the equipment shall be in proper
calibration at the time of performance of the tests.
The average noise levels shall be determined from
octave -band noise level measurements made at not less than
12 positions equally distant from each other at a dis-
tance of one -half mile from the site and so arranged as
to completely encircle the site.
In order that any test in any octave band be con-
sidered valid, the background noise level in each octave
band with the tunnel not in operation shall be at least
6 db below any reading in that octave band taken with the
tunnel in operation.
The weighting network of the sound level meter shall
be in the "C" position; the meter speed on the octave band
analyzer shall be in the "slow" position; readings shall
be taken at the steadiest position of the indicating needle
during the 30- second period of operation of the tunnel or at
the peak positions if the noise is of a pulsating nature;
the microphone should be supported on a microphone stand
about 4 feet high; the sound shall impinge upon the dia-
phragm of the microphone at grazing incidence; all neces-
sary microphone response, cable and temperature corrections
shall be applied to the finally tabulated data; and the
measurements must be performed only if the wind speed is
less than 5 miles per hour.
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SECTION 4. The complete files of said City Planning
Commission and of said City Council with reference to said
matter and all of the writings and documents above referred to
are now on file in the office of the City Clerk (and /or of the
Secretary of the Planning Commission) of said City, in the City
Hall thereof, are open to public inspection and as so on file
are hereby referred to and by this reference incorporated here-
in and made a part hereof.
. SECTION 5. That this resolution shall take effect
immediately.
SECTION 6. 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; 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; and shall
forward certified copies thereof to said applicant, North Ameri-
can Aviation, Inc., and to the Planning Commission of said City
for their respective information and files in the premises.
Passed, approved and adopted this 3rd day of March,
1954•
ATTEST:
Q- rn
City Clerk
(SEAL)
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NIa or o the City o
Y Y
E1 Segundo, CalifgAia.
7° 9t
STATE OF CALIFORNIA, )
COUNTY OF LOS ANGELES, ) SS.
CITY OF EL SEGUNDO. )
I. Neva M. Elsey, City Clerk of the City of E1 Se-
gundo, California, do hereby certify that the whole number of
members of the City Council of tle said City is five; that the
foregoing resolution, being Resolution No. 1391, 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 3rd
day of March, 1954, and that the same was so passed and adopted
by the following vote:
AYES: Councilmen
and Mayor
NOES: Councilmen
ABSENT: Councilmen
WITNESS my hand and
this 4th day of March, 1954•
(SEAL)
Baker, Gordon, Peterson, Swanson
Selby;
None;
None.
the official seal of said City
City Clerk of the City of
E1 Segundo, Californi
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