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CC RESOLUTION 1429RESOLUTION NO. 1429. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING AND CON- CURRING IN THE FINDINGS AND DETERMINATIONS OF THE CITY PLANNING COMMISSION WITH REFERENCE TO "BOWLING ALLEYS" AND THE CLASSIFICATION THEREOF NOT SPECIFICALLY MENTIONED IN THE ZONING ORDINANCE OF SAID CITY, AND AS SET FORTH IN RESOLUTION NO. 194 OF SAID COMMIS- SION. WHEREAS, the City Planning Commission of the City of El Segundo, California, did at the regular meeting of said com- mission held on the 30th day of August, 1954, adopt the following resolution of said commission, to wit; "RESOLUTION NO. 194 "A RESOLUTION OF THE CITY PLANNING COMMIS- SION OF THE CITY OF EL SEGUNDO, CALIFORNIA, ESTABLISHING CLASSIFICATION OF BOWLING ALLEYS AS C -2 USE "WHEREAS, the question has arisen concerning the proper classification of bowling alleys within the mean- ing of Ordinance No. 434 (the Comprehensive Zoning Or- dinance), and "WHEREAS, the enumerated list of permissible uses in any given zone represent typical uses and are inclusive, but not exclusive of the hundreds of uses possessing simi- lar characteristics, and "WHEREAS, Section 1402 of said Ordinance No. 434 provides, *if ambiguity arises concerning theappropriate classification of a particular use within the meaning and intent of this ordinance, or if ambiguity exists with re- spect to matters of height, yard requirements, area re- quirements or zone boundaries, as set forth herein and as may pertain to unforseen circumstances, it shall be the duty of the Commission to ascertain all pertinent facts and by resolution of record set forth its findings and its interpretation, and such resolution shall be forwarded to the City Council and, if approved by the City Council, thereafter such interpretation shall governt, and "WHEREAS, in scrutinizing the enumerated permissible uses as set forth in Ordinance No. 434, it is noted among - 1 - 4L'CF1 other things that among the permissible uses in the C -2 General Commercial Zone, as set forth in Section 900, item numbered (8) thereunder includes tBilliard or Pool Hallst. It is also noted that item (11) cites 'Com- mercial carnivals, provided that such premises are oc- cupied for such purposes not more than once for not more than one week in any six months period, and fur- ther provided that such use may not locate within 300 feet of any school or residential zones, clearly in- dicates a type of use which, although limited as to time, nevertheless involves the element of sound considerably in excess of that found in bowling alleys. It is also noted that item (16) providing for conservatories of music, including music and vocal instruction, and item (24) which allows garages (public, including repairing and storage); item (26) allowing tGolf, miniature courses'; item (27) permitting 'gymnasiums, public commerical; item (45) which enumerates ' lumbing shops'; item (51) which permits tswimming pools mmmerical)t; item (54) which allows 'Theatres or auditoriumst; and item (55) which is the general declaration permitting 'similar retail, wholesale or service businesses cater- ing directly to the consumer.', and „WHEREAS, a comparison of the known characteristics of the bowling alley when compared to the enumerated items above recited, and to others, establishes beyond reasonable doubt that a bowling alley constitutes in fact 'similar retail, wholesale or service businesses cater- ing directly to the consumers, *NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission finds as a consequence of considering the con- text of the Ordinance, and the known characteristics of the various uses cited herein and other uses, that the spirit and intent of Ordinance No. 434 justifies and re- quires the conclusion that a bowling alley does, in fact, constitute a use that can consistently and should consis- tently be considered as permissible in any area classi- fied as C -2 General Commerical Zone, and ^FURTHER RESOLVED, that having so concluded, the Planning Commission recommends concurrence in such con- clusion by the City Council, and that a copy of this reso- lution be transmitted to the City Council for its consid- eration in the manner prescribed by law, and °FINALLY RESOLVED, that if, in the event of con- currence in these findings and recommendations, the Coun- cil approves this interpretation that thereafter all ad- ministrative officers in the City Government be, and they hereby shall be directed to conform to this interpretation and deal with matters pertaining to the permissive loca- tion of bowling alleys as though they were recited in full as a permissible use under Section 900 which defines C -2 the General Commercial Zone. „Passed, approved and adopted this 30th day of Aug- ust, 1954. " /s/ George E. Binder "4s4 L. A. Allen Secretary of the City Manning Chairman of theTity Commission of the City of Planning Commission of E1 Segundo, California the City of E1 Segundo, California "; and - 2 - WHEREAS, the City Council of said City has duly con- sidered the said Resolution No. 194 hereinabove set forth and the findings and recommendations made therein and is satisfied that the designated classification for the use therein described and referred to is correct and should be approved by this Council; NOW, THEREFORE, the City Council of the City of E1 Se- gundo, California, does hereby resolve, declare, find, determine and order as follows: SECTION 1. That said City Council does hereby make the same findings with reference to the use described and referred to in said Resolution No. 194 hereinabove quoted as are made by the City Planning Commission of said City with reference thereto. SECTION 2. That said City Council does hereby approve the findings, determinations, and recommendations of said Com- mission as set forth in its said Resolution No. 194 with refer- ence to "Bowling Alleys" and does hereby accordingly designate the classification "C -2" under Ordinance No. 434 of said City (The Comprehensive Zoning Ordinance), as amended, for the use de- scribed in and referred to in said Resolution No. 194. SECTION 3. That the City Clerk is hereby authorized and instructed to forward a copy of this resolution to the ad- ministrative agents of the City of E1 Segundo, who are hereby directed to conform to the findings, determinations and designa- tions hereby approved and made. SECTION 4. 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 - 3 - the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. SECTION 5. That this resolution shall take effect im- mediately. Passed, approved and adopted this 1st day of September, 1954- Mayor pro tern of t e ttyy of E1 Segundo, California. ATTEST: City Clerk (SEAL) 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. __7_422 , was passed and adopted by the said City Council, approved and signed by the Mayor pro tem of said City, and attested by the City Clerk of said City all at a regular meeting of the said Council held on the 1st day of Sep- tember, 1954, and that the same was so passed and adopted by the following vote: AYES: Councilmen Baker, Frederick, Gordon and Mayor pro tem Swanson; NOES: Councilmen None; ABSENT: Mayor Selby. WITNESS my hand and the official seal of said City this 1st day of September, 1954. (SEAL) - 4 - City . e�t a Cit o. E1 Segundo, Californ .