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CC RESOLUTION 1491RESOLUTION NO. 1491 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ANNOUNC- ING ITS FINDINGS AND DECISION IN THE MATTER OF THE APPLICATION OF WESLEY T. ANDERSON FOR THE RESONING OF LOTS 16 AND 17, IN BLOCK 74, EL SEGUNDO SHEET NO. 3, FROM ZONE C -1 TO ZONE C -2. WHEREAS, after proceedings duly and regularly had and taken by the City Planning Commission of the City of E1 Segundo, California, with reference to the application of Wesley T. Ander- son for a change of zone from Zone C -1 to Zone C -2 on the follow- ing described property: Lots 16 and 17, Block 74, E1 Segundo Sheet No. 3, as per map recorded in Book 20, Pages 22 and 23 of Maps on file in the office of the County Re- corder of Los Angeles County, California, said Commission did on the 10th day of January, 1955, adopt its Resolution No. 205 denying said application for change of zone, in words and figures as follows: "RESOLUTION NO. 205 A RESOLUTION OF THE CITY PLANNING COMMIS- SION OF THE CITY OF EL SEGUNDO, CALIFORNIA, DENYING THE REQUEST OF MR. WESLEY T. AN- DERSON FOR CHANGE OF ZONE FROM C -1 TO C -2 FOR LOTS 16 AND 17, BLOCK 74, EL SEGUNDO TRACT WHEREAS, application was made by Wesley T. Anderson, 508 Main Street, E1 Segundo, California, for a change of zone from C -1 to C -2 on Lots 16 and 17, Block 74, E1 Se- gundo Tract, and WHEREAS, the City Planning Commission did, on Decem- ber 27, 1954, hold a duly advertised public hearing on such matter, as required by law, and WHEREAS, as a result of such hearing, and the receipt of a staff report on such matter, the Planning Commission finds as follows -- 1. That both sides of Main Street, between Pine and Mariposa Avenues are presently classified for C -1, and - 1 - a2. That the uses presently established in such blocks are all conforming C -1 uses, and 3. That the C -1 Zone was established in such blocks at the time of the adoption of the new Zoning Map for three reasons -- (a) In recognition of the fact that the uses already established in such blocks were no heavier than those permitted in the C -1 Zone, and (b) That those blocks, being adjacent to the High School and Public Library, if placed in a classifi- cation heavier than C -1, would damage and prejudice such public uses in their service value to the citizens of the City, and (c) That to extend the C -2 commercial zone fur- ther north on Main Street would lengthen the stem of the present 'T' shape of the commercial business center of the City and result in further shoestringing of the commercial area, which is contrary to proven practice as to what constitutes good characteristics of commercial areas. The effort is toward filling in the angles formed by the 'T'. 4. That Article 8 of Ordinance No. 434 specifically states among the uses permitted in the C -1 Zone 'commer- cial establishments specializing in the rendering of ser- vices rather than the dispensing of commodities'. 5. That the principle is established throughout the ordinance that the predominating, or principal, use de- termines the classification of such property; 6. That incidental or accessory uses, so long as they remain such, are permitted, even though such access- ory use may be a degree heavier than the controlling use. As an example, in the C -2 classification some manufactur- ing is permitted under restrictions in connection with the retail portion of such C -2 use. In the C -1 Zone the same principle can be said to apply; 7• That with reference to the duplicating service, presently established upon one of the lots made the sub- ject of this application for rezoning, there is no ques- tion but what it is permitted in the C -1 zone within the category of 'commercial establishments specializing in the rendering of services rather than the dispensing of commodities'; 8. That any minor degree of retail sales would be permitted-as an accessory phase of the permitted use, provided such accessory phase remains as such, and that no appreciable additional stock is carried for such pur- poses; NOW, THEREFORE, BE IT RESOLVED, that the Planning Com- mission denies the application cf Wesley T. Anderson for a change of Zone from C -1 to C -2 on Lots 16 and 17, Block 74, for the following reasons; 1. That all uses presently established on both sides of Main Street between Pine and Mariposa Avenues are con- forming uses, and the Commission fails to find any circum- stances now existing in connection with established uses in such block that would justify granting a heavier classi- fication to subject properties; - 2 - q �4y N y} 6_JL ^2. That the block in which subject lots lie is ad- jacent to the High School and Public Library and that the establishment of a heavier zone in such block would damage and prejudice such public agencies in the service they render to the citizens of El Segundo; 3. That to change the classification of subject lots would be tantamount to establishing a 'spot zones in other- wise conforming blocks; 4. That to grant the C -2 use would lengthen the shoe- string commercial uses along Main Street; 5. That to grant such change would establish a pre- cedent, without basis, for further C -2 zoning in such block; 6. That there are no circumstances applicable to sub- ject lots that prevent their being used in the same manner and to the same degree as all other lots in the same blocks; 7. That Ordinance No. 434, Article 8, permits the uses now established on subject lots; 8. That the reason given in Applicant's petition sub- stantiating the request for rezoning that the owner of the duplicating service wished to sell some supplies as an in- cident to the conduct of the business has no weight in that such activity is already permitted as an accessory use, and therefore requires no further action on the part of the Commission, in that the Zoning Ordinance already permits accessory uses in connection with a permitted use so long as such accessory use remains accessory, and FINALLY RESOLVED, that a copy of this Resolution be for- warded to the City Council for its action pursuant to law. Passed, approved and adopted this 10th day of January, 1955- /s/ George E. Binder /s/ L..A. Allen Secretary or the City Flan - Chairman of the City Plan- ning Commission of the City ning Commission of the City of E1 Segundo, California of E1 Segundo, California and WHEREAS, within the time permitted by law, and on the 15th day of January, 1955, said Wesley T. Anderson did duly and regularly file with the City Clerk of said City his appeal from the decision of said Commission as set forth in its said resolu- tion above quoted; and WHEREAS, upon receipt of said appeal, said City Council did duly and regularly set the matter of said appeal and the mat- ter of said zone change for public hearing before said City Council on the 23rd day of February, 1955; and - 3 - WHEREAS, on said last mentioned date said City Council did duly and regularly hear the matters of said appeal and of said zone change and has afforded all parties and persons inter- ested a full and fair opportunity to be heard with reference thereto and has concluded said hearing; and WHEREAS, said Council after having held said hearing and having reviewed the complete file of the City Planning Com- mission with reference thereto and all evidence adduced at the public hearing before said Council has reached its decision in said matter as hereinafter set forth; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SE- OUNDO, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, 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. SECTION 2. Said Council does hereby approve and sus- tain the findings of the City Planning Commission of the said City with reference to said zone change, as set forth in its said Resolution No. 205, and does hereby disapprove and deny the said application for zone change. SECTION 3. Said City Council does hereby recite the same facts and reasons for the disapproval of said application for said zone change as are hereinabove set forth in said Resolution No. 205 of said City Planning Commission and does hereby refer to the same as hereinabove quoted and does hereby make them a part of this Section 3 of this resolution for all intents and purposes as though the same were fully set forth at length herein. SECTION 4. That this resolution shall take effect im- mediately. SECTION 5. That pursuant to the provisions of Section 1$14 of Article of Ordinance No. 434 (The Comprehensive Zoning Ordinance) of said City, the City Clerk is hereby instructed to - 4 - y n forward one certified copy of this resolution to said applicant at the address shown upon its application and to attach one cer- tified copy thereof to the complete file of said Planning Com- mission in said matter and to thereupon return said complete file to said Planning Commission for permanent filing. 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; 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 23rd day of February, 1955• / yor of the City of.E1 SeLqmdo, ATTEST: California. City Clerk 7 (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 re- solution, being Resolution No. 1491, 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 meet- ing of the said Council held on the 23rd day of February, 1955, and that the same was so passed and adopted by the following vote: AYES: Councilmen Baker, Frederick, Gordon, Swanson and Mayor Selby; NOES: Councilmen None; ABSENT: Councilmen None. WITNESS my hand and the official seal of said City this 25th day of February, 1955. t� the it of (SEAL) El Segundo, Californ . - 5 -