ORDINANCE 433ORDINANCE NO. 433
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMENDING ORDINANCE NO. 306
(THE LAND USE PLAN - ZONING ORDINANCE)
OF SAID CITY BY ADDING A NEW SECTION TO
BE KNOWN AS "SECTION 17.13" TO SAID OR-
DINANCE NO. 306, AS AMENDED; AND BY
AMENDING THE ZONING MAP LAND USE PLAN
THEREIN REFERRED TO.
WHEREAS, the City Planning Commission and the City
Council of the City of E1 Segundo, California, have duly and
regularly processed and held public hearings upon the rezoning
or redistricting of the real properties hereinafter referred
to, and which are hereinafter described, from districts of
Zone R -3 to Zone R -2 and from districts of Zones R -3 and R -2
to Zone R -1 as contemplated under the provisions of Ordinance
No. 306 of the City of E1 Segundo, California, entitled:
"AN ORDINANCE ESTABLISHING ZONES WITHIN
THE CITY OF EL SEGUNDO AND ESTABLISHING
CLASSIFICATION OF LAND USES AND REGULAT-
ING SUCH LAND USES IN SUCH ZONES; REGU-
LATING THE HEIGHT OF BUILDINGS, AND OPEN
SPACES FOR LIGHT AND VENTILATION; ADOPT-
ING A MAP OF SAID ZONES; DEFINING THE
TERMS USED IN SAID ORDINANCE; PROVIDING
FOR THE ADJUSTMENT, AMENDMENT AND EN-
FORCEMENT THEREOF; PRESCRIBING PENALTIES
FOR ITS VIOLATION .$
passed and adopted on the 22nd day of January, 1947, as amended,
pursuant to proceedings instituted by said Planning Commission
of said City; and
WHEREAS, said City Council has now acquired juris-
diction to adopt this ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
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SECTION 1. That said Ordinance No. 306 of the City
of El Segundo, California, as amended, shall be and the same is
hereby amended by adding a new section thereto to be known and
designated as "Section 17.13 ", and which said new Section 17.13
shall read as follows, to wit:
"SECTION 17.13. That pursuant to proceedings
instituted by the Planning Commission of said City
on its own motion, duly processed and heard by said
Planning Commission and by the City Council of said
City, the following described real properties situ-
ated within the City of E1 Segundo, County of Los
Angeles, State of California, to wit:
The northerly 96 feet of the southerly
144 feet of Lot 276, and the northerly
45 feet of the southerly 70 feet of Lot
280, all in Block 123,
shall be and the same are hereby changed, reclassi-
fied and redistricted from a district of Zone R -3
to a district of Zone R -2 under the provisions of
this ordinance; and
the northerly 87.6 feet of Lot 269; Lots 270
to 275, inclusive; the northerly 45.$ feet
and the southerly 48 feet of Lot 276; Lots
277 to 279, inclusive; and the northerly
87.6 feet of Lot 280; all in Block 123,
shall be and the same are hereby changed, reclassi-
fied and redistricted from districts of Zones R -3
and Zones R -2 to a district of Zone R -1 under the
provisions of this ordinance."
SECTION 2. That said City Council has caused to be
prepared a small area map of the area or district affected by
the zone changes hereinabove ordered to be made, which said
small area map is hereunto attached, designated as "Exhibit A ",
and is hereby referred to and by this reference incorporated
herein and made a part hereof. Said small area map (Exhibit
- 2 -
A) is hereby adopted as, and shall be an amendment to the ex-
tent of the area shown thereon and affected thereby, of the
zoning map of the said City of E1 Segundo, referred to in, and
which is adopted by, the provisions of Section 3 of said Ordi-
nance No. 306 of said City, as amended.
SECTION 3. That said Ordinance No. 306, as amended,
and said Zoning Map of said City, as amended, shall be and the
same are hereby amended as hereinabove in Sections 1 and 2 of
this ordinance set forth.
SECTION 4. That this ordinance shall become effec-
tive at midnight on the thirtieth day from and after the date
of the final passage and adoption thereof.
SECTION 5. That the City Clerk shall certify to the
passage and adoption of this ordinance; shall cause the same to
be entered in the book of original ordinances of said City;
shall make a minute of the passage and adoption thereof in
the records of the meeting at which the same is passed and
adopted; and shall, within fifteen days after the passage and
adoption thereof, cause the same to be published once in the
E1 Segundo Herald, a weekly newspaper of general circulation,
published and circulated within said City of E1 Segundo and
which is hereby designated for that purpose.
Passed, approved and adopted this 7th day of April,
1954.
ATTEST:
J" )--), -
City Clerk
(SEAL)
- 3 -
yor of the City of egun o,
California.
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 - ordinance, being Ordinance No. 433 , 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 7th day of April, 1954, and that the same
was so passed and adopted by the following vote:
AYES: Councilmen Baker, Gordon, Peterson.
Swanson and Mavor Selby:
NOES: Councilmen None:
ABSENT: Councilmen None.
WITNESS my hand and the official seal of said City
this 7th day of April, 1954•
City C erk of the C it
E1 Segundo, Californ a.
(SEAL)
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 said City is five; that the
foregoing ordinance, being Ordinance No. 433 , is a full,
true and correct original of Ordinance No. 433 of the
said City of E1 Segundo, California, entitled:
"AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMENDING ORDINANCE NO. 306
(THE LAND USE PLAN - ZONING ORDINANCE)
OF SAID CITY BY ADDING A NEW SECTION TO
BE KNOWN AS 'SECTION 17.131 TO SAID OR-
DINANCE NO. 3060 AS AMENDED; AND BY
AMENDING THE ZONING MAP LAND USE PLAN
THEREIN REFERRED TO. ".
which was duly 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 7th day of April, 1954, and
that the same was so passed and adopted by the following vote:
AYES: Councilmen Baker, Gordon, Peterson, Swanson
and Mayor Selby:
NOES: Councilmen None;
ABSENT: Councilmen None.
I do hereby further certify that pursuant to the
provisions of Section 36933 of the Government Code of the
State of California, that the foregoing Ordinance No. 433
was duly and regularly published according to law and the order
of the City Council of said City in the E1 Segundo Herald, a
weekly newspaper of general circulation, printed, published and
circulated within the said City and that the same was so pub-
lished therein on the following date, to wit: April 15, 1954 •
/"-, -�-n - EL'
City Clerk of the City o
E1 Segundo, California.
(SEAL)
j J{.24
Y
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES,
CITY OF EL SEGUNDO,
Affidavit:, of publication
•
................. Q41RA-M AI.QlIQL;S ...............being first duly sworn, deposes and says: That
he is, and at all of the times hereinafter mentioned was, a citizen of the United States of America,
over t
was, at, and during all Of the time of the publicat'i on of the instrument hereunto attached the....... .
r............................................. p...........................................
Editor of EL SEGUNDO MMALD, a newsp: 'p2r of general circulation, published and circulated weekly In
the City of El Segundo, In said County and State; that said newspaper has been so Published and
circulated at regular intervals of one week for more e than one year immediately preceding the'.,.
Publication of the instrument hereunto annexed; that said newspaper is, and Was, at all of the times
herein mentioned, a newspaper of general circulation within the meaning of Section 4460 of the Political'
Code of the Staft 4W "ifornia; that as provided by said section, said newspaper is published for the
dissemination of 19W or telegraphic news and intelligence of a general character, having a bobs fide
subscription list of paying subscribers; that said newspaper is not and was not at any of the times herein
mforred to, devoted to the interests, or published for the entertainment or instruction of a Particular
class, profession, trade, calling, race or denomination, or for any number of such classes, professions, tmdes,
callings, races or denominations, and that said newspaper is not devoted to or published for, nor was It
at • any of the times herein mentioned devoted to or published for the purpose, Whether avowed -)r
otherwise, of entertaining or instructing such classes, Professions, trades, callings, races or denomin-
ations, Or any of such Classes, professions, trades, callings, races or denominations.
That the notice, order, ordinance, resolution or instrument hereunto attached on page...... numbered
.............................................. .
......................................................
hereof in all respects, including subject matter, and size and arrangement of type, is a full, true and
correct copy of the said notice, ordinance, resolution or instrument in word- A fi—"-.
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published; that the same was set and Printed in type not smaller than nonpareil and that the body of
the same Was Preceded with words printed in black-face type not smaller than nonpareil, describing
and expressing in general terms the purpose and character of the notice, order, ordinance, resolution
or instrument intended to be published, as will appear from an inspection of the said annexed instru-
ment; that the.. . QrdJJX=.e.. 9.Q..,,.A3
of Which the annexed is a printed copy as hereinabove stated, was published and Printed in said news-
paper at least .... Q90 ... week...., by...Allq ........... consecutive publication...., commencing on the
....JSth.day of .. Apr ll ................. A. D. ....... and ending on the.... IM ........ day of
.................A. D. 19...54 and as often during said time as said newspaper Was regU-
larly issued, to- wit:.... ...... .......................................
.............................................................................................................
.......................................................... ... �/ ..... .. .....
.... ...... .. ... . .
Subscribed and sworn to before me this... 19 .......
•
day of ..... A Z
Ippi. � ................ A. D. iq_5.Iq
........
City clerk of the City oflEI Segundjw," County
of Los Angeles, State of California.
By
epu ty city Clerk of said City.
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PREAMBLE ON MAJORITY RULE
In the public mind matters of public policy are readily classified into
two groups --- American and un- American. E1 Segundo continues to believe in,
and to employ, the basic American concepts of popular government and majority
rule, as provided for in our system of elections and by actions of our repre-
sentative legislative bodies. The City is equally emphatic in its opposition
to such un-American practices as delegating to individuals and small groups,
under whatever guise, the right to impose controls upon all. It is the feeling
of the officials of the City that its citizens share in the belief in these
fundamentals.
One of the basic principles that characterizes our American form of
government is that of rule by majority.
There are several methods employed for the
Purpose of . determiaJnB.:. tha- .._...:,.:: will of of the majority. The most democratic of these methods is the election.
This means is employed for purposes of selecting representatives on legislative
bodies and other governmental officials. It is also employed for the determina-
tion of public policy directly by the Electorate through the Initiative and
Referendum, The fact that only a minority of those who have the right of
franchise may at times exercise that right does not nullify the principle of
majority rule. It remains true that of those who thought enough of the value
of the voting franchise to employ it, a majority still prevails.
Legislative bodies such as a city council, board of supervisors, state
legislature, or a national congress are representative bodies of the Electorate,
elected by it and, by law, their actions are presumed to represent the attitudes
of their oonstituentso A majority vote of such a legislative body decides an
issue, and thus the principle of majority rule is again recognized.
All levels of government have their authority stated by national and
state constitutions. One of the authorities of government is to exercise what
is called the Police Power, which is the right of Society, through its organiz-
ed government, to protect itself. The use of this police power is accomplished
mainly through the establishing of regulations and the providing of penalties
for the violation of such regulations. In the field of local government these
Page A GORDON WHITNALL & ASSOCIATES
Consultants - Planning and Government
4313 LEIMERT BLVD. • LOS ANGELES 8, CALIFORNIA
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PREAMBLE ON MAJORITY RULE
In the public mind matters of public policy are readily classified into
two groups --- American and un- American. E1 Segundo continues to believe in,
and to employ, the basic American concepts of popular government and majority
rule, as provided for in our system of elections and by actions of our repre-
sentative legislative bodies. The City is equally emphatic in its opposition
to such un-American practices as delegating to individuals and small groups,
under whatever guise, the right to impose controls upon all. It is the feeling
of the officials of the City that its citizens share in the belief in these
fundamentals.
One of the basic principles that characterizes our American form of
government is that of rule by majority.
There are several methods employed for the
Purpose of . determiaJnB.:. tha- .._...:,.:: will of of the majority. The most democratic of these methods is the election.
This means is employed for purposes of selecting representatives on legislative
bodies and other governmental officials. It is also employed for the determina-
tion of public policy directly by the Electorate through the Initiative and
Referendum, The fact that only a minority of those who have the right of
franchise may at times exercise that right does not nullify the principle of
majority rule. It remains true that of those who thought enough of the value
of the voting franchise to employ it, a majority still prevails.
Legislative bodies such as a city council, board of supervisors, state
legislature, or a national congress are representative bodies of the Electorate,
elected by it and, by law, their actions are presumed to represent the attitudes
of their oonstituentso A majority vote of such a legislative body decides an
issue, and thus the principle of majority rule is again recognized.
All levels of government have their authority stated by national and
state constitutions. One of the authorities of government is to exercise what
is called the Police Power, which is the right of Society, through its organiz-
ed government, to protect itself. The use of this police power is accomplished
mainly through the establishing of regulations and the providing of penalties
for the violation of such regulations. In the field of local government these
Page A GORDON WHITNALL & ASSOCIATES
Consultants - Planning and Government
4313 LEIMERT BLVD. • LOS ANGELES 8, CALIFORNIA
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rules take the form of laws called ordinances, many of which are known as
speed laws, building codes, health laws and zoning laws.
Constitutionally, however, such laws may not be imposed by an individual.
That would be dictatorship. The authority to enact laws in the first instance,
or to amend them, is vested solely in Society as a whole through a unit of
government, such as a city. A city may express itself by a majority of
Electors at an election or by a majority of its Legislative Body, which is its
Council.
A zoning law can be enacted or amended by a vote of the people through
the formality of an election, and the issue is decided by the majority of those
voting; or a majority of the City Council can adopt a zoning ordinance, or amend
it, but in neither case does the minority control.
What about petitions?
The question has sometimes been asked whether or not a planning commission
or a city council should not be 'required, when dealing with zoning matters, to
conform their action to a "majority petition". Both the legal and practical
answer to that question is "no ".
In the first place, a petition - although Constitutionally guaranteed to
the people as a right to express their desires - is not the means provided by
law for deciding an issue. Elections are provided to serve that purpose.
There are two reasons why a petition is not legally a mandate, and vby
it should not generally be accepted as a logical basis for required action.
The first is that, as previously explained, the right to determine policy
governing the use of police power is vested solely in the WHOLE of Society
which, in El Segundo, is the City. There is no question but that constitutioar-
ally E1 Segundo, as a City, has a right to enact a zoning ordinance, or to
modify it. Any petition by even 100% of the citizens of an area constituting
less than the whole of the City is not the WHOLS of the City. There is no
authority in Constitutional Law to delegate this basic legislative right to any
person or group of persons less than the total number, and if petitions are ac-
cepted as mandate, then decisions are being made by less than the whole, There-
fore, the point is made that when one uses the term "majority petition" the
Page B
GORDON WHITNALL & ASSOCIATES
Consultants - Planning and Government
1313 LEIMERT BLVD. • LOS ANGELES 8, CALIFORNIA
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question is immediately raised --- "majority of what?".
The second reason why a petition may not be considered as a mandate lies
in the fact that when government employs the police power, it is required to
employ it consistently under similar airy stances, and never in a manner that
would constitute discrimination. If modifications under zoning ordinances are
to be made on the basis of neighborhood petitions, it is more than likely that
decisions thus arrived at would deal differently with similar circumstances,
thereby creating undesirable inconsistencies in the zoning policies and practices,
sometimes accomplishing flagrant discriminations. In either case, there would
be serious question as to the constitutionality of such acts and, therefore, the
enforceability of the ordinance bringing about such situations.
It has been felt important to make this statement of fact that although
petition is a constitutional right as a means of expressing general opinions,
it is not recognized as an instrument to be imposed upon either the City
Council or the Planning Commission, through which to accomplish legislative
determination. The City's zoning ordinance expresses these principles in the
following quoted provision
"If signatures of persons other than the owners of property making
the application are required or offered in support of, or in oppo-
sition to, an application, they may be received as evidence of
notice having been served upon them of the pending application,
or as evidence of their opinion on the pending issue, but they shall
in no case infringe upon the free exercise of the powers vested in
the City of E1 Segundo as represented by the Planning Commission or
the City Council."
Page C
GORDON WHITNALL & ASSOCIATES
Consultants - Planning and Government
4313 LEIMERT BLVD. • LOS ANGELES 8, CALIFORNIA
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EXHIBIT A
LEGEND: / /// Cross hatching delineates the area of the
property rezoned by Section 17.13 of
Ordinance 306 of the City of El Segundo,
as amended.
R-1, R -2, R -3 indicates zones per said
Ordinance 306, as amended.