SR-307-004-02 (2)
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Santa Monica, Cal1fornia
June 18, 1979
J}- H
JtfN 2 6 1979
TO:
Mayor and C1ty Council
FROH:
C1ty Staff
SUBJECT: Proposed swap meet to benefit Family SerV1ce of
Santa Mon1ca
Introduction
This report 1S 1n response to Clty Council's request for a
Staff opinlon regardlng the request by Family SerV1C€ of
Santa Monlca to use the parking lot at the County Court House
for a swap meet on August 18, 1979. It offers alternatlves
and makes a recommendation based on a meetlng with the Family
SerVlce representatlves, 8.M.P.D. representatives, the Dlrector
of Plannlng and the act1ng Dlrector of Enterta1nment Facilltles.
Background
Several weeks ago Ms. Beverly McCoy contacted the Civic
Audltorlum regarding using the parking lot for a swap meet
for the Faml1y SerVlce organizatlon on August 18, 1979.
At that tlffie she was told that, although the bUllding was
not booked thus far, a more desirable location would be
the County Court House parklng lot as the space at the C1V1C
Audltorium could not be guaranteed. She was also told that
Clty policy thus far had been not to allow such an event and
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JUN 2 6 1979
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~t would need C~ty Council approval. It was also dec1ded at
that t~me that the C~v~c Aud~torium park~ng lot and perhaps
the snack bars would be open and the regular parking fee
would be charged for patrons of the proposed swap meet If
permlssion was granted thereby br1nging in some revenue for
the City. The Po11ce Department had no serious object1on to
th1S event on a one tlme only baS1S as ~t would glve them
an opportunity to observe an event of this type and see if
problems often associated with swap meets and flea markets
1ndeed existed and to what extent. The Planning Department
however, felt that this event would be in violat1on of the
Munlcipal Code, City Ordinance No. 666 (CCS), Sectlon 9114A,
and Clty Ordlnance No. 491 (CCS), Sectlon 9137A, (See Exhib1ts
A and B), and to permit this organlzatlon to hold this event
as proposed would not be ln the best lnterest of the Clty and
would open the door to many such requests. It was determlned,
however, that lf such an event were held at the Civ~c Auditorium,
It would not violate Ord1nances No. 491 (CCS) and No. 666 (CCS).
Th1S organlzation would be ellgible for a twenty percent discount
from the standard rental rate as per Resolution 3579, Sectlon 13,
Paragraph (g), Part 1.
Alternatlves
1.) Clty Counell could approve this event as proposed on
a one tlme only bas1s and request a report from Staff as to the
problems encountered, if any, and that further recommendatlons
be Made. In this case the S.M.P.D. should be directed to develope
entrant applicat10ns and guidlines as well as carefully observe
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the event.
2.) Clty Councl1 could declc~ that this type of event lS
not an appropriate use of C2ty property and deny approval of the
request.
3.) Clty Council could deny approval as requested and
suggest that Farolly Service seek a locatlon which would not be
In vLolation of City Ordinances.
Recommendation
Staff recommends alternatlve No.3, that City Council deny
approval of the proposal as presented and recommend that Family
Service of Santa MODlca investlgate the use of the C~V1C Audi-
torlum as a posslble location.
Exhlblt "A"
Exhiblt "B"
Ordlnance No. 666 (CCS), Section 9l14A
Ordlnance No. 491 (CCS), Section 9l37A
Prepared by: Gary Ferguson
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""""""'" ..to. and amounbog to ~ SEC"!'ION 91'"' U...... u.... Where
more than 15 per cent of the mventory' the term "And such other uses as the
expressed III dollars. of any retaJl plant Zorung Admmlstrator may find to be
nursery smular to those bsted above. ." lS
mentioned. It shall mean other uses
SECTION 9138 ADythlng In this code whlcb, III the Judgment of the Zorung
to the CODtrary DOtwithSta.ndlng any Admmlstrator, as eVIdenced by a wnt.
parkmg lot located III any commemal ten decISIon, are sumlar to the uses
dJstnct, may be used on Saturdays and hsted III the same Sectlon and are not
SundaYs for the display of art under the more obnoX1OUS to surrmllldmg property
sponsorslup of any recognIZed art or. or objectIonable to the general welfare.
gamzauon and/or accred1ted school pro- The determmatlon of the Zomng Ad-
Vlded. that the zomng adnuruStrator de- DllIllstrator may be appealed to the
termmes that the place or places of CommisSIon for final decllllon. Any uses
!Jusmess wluch have control of ~e park- SO deternuned by the Zonmg Adnunis.
Illg lots are not open for busmess on traOOr or CommissIOn shall be regarded
these days, and that he, thereupon, shall as hsted uses. In no mstance however
ISSue a permit in writmg. shall the Zorung AdnumstratOr or Com~
IDlSSlon detemune, nor shall these regu-
SECTION 9139 (Reserved for future lauons be so interpreted, that a use
use.) shall be pernutted III a dI.Stnct when
such use 15 speclllcally listed as flISt
penniss1ble in a less restncted distrIct;
SE(;nON 9140. Authority Df Zonln!';' i e., a use speclfically listed III the "C3"
Admlnu.tJ:a,t.or. The adIrnni!ltrator shall Distrlct shall not be penmtted III the
have ]Ur1.Sdictlon of and be respoIlSlble "C2" Dl5trlCt.
for the admnustration of the regulations SE N 9143
and proVlSions of thIS Cbapter. He shall l.:nO . Home Occupation.
have the power to exel"ClSe tlus JunsWc- SECTION 9143A - ''Home Occupa-
twn as hereafter proVlded and shall tion" shall mean any use customarily
have the authority to act m his admm- conducted entirely WIthin a dwelling
l5trative capaCIty on the folloWIng mat- and earned on by the mhabltants there-
ters: of, fDr compensation, whlch use 1S clear-
Interpretatlons 1y inCldental and secondarY to the use
Unlisted Uses ot the structure for dwelling purposes
Home Occupations and wluch use does not change the
Adjustments character thereof or does not adversely
Vanances affect the uses pernutted m the dlStnct
Use Pernuts . of wluch It 15 a part.
In exel'ClSing his junsd1ctlon the ad- SECTION 9143B Home occupatlon
IIUIllStrator may adopt from tune to may be conducted III resldent1al ms-
tlme such general rules and regulatlons tncts prOVIded the home occupauon 15
relatmg to procedure as may be neces- approved m wntmg', by the Zonmg Ad.
sary and are not III confuct WIth the ~trator as valid and conformmg
proVlSIOns of th1s Chapter The detemu- WIth the followmg Cl"ltena. and condl-
nauon of the Zonmg Admmistrator on tlons and proVIded the applicant agrees
the matters listed above shall be sub- therto m ..vntmg
lect to the nght of appeal, or reVIew 1 There shall be no employment of
by the ConumsSlon as proVIded m Sec- help other than the members of the
tlon 9145C3 reSldent fanuly
. 2 Not more than one (1) room In the
SECI'ION 9141 Interpretation. When- dwellmg shall be employed for the home
ever In the oplIllon of the Adnumstrator occupatlon
there IS any questIon regardmg the Ill- 3 No bwldmg or space outsIde of the
terpretatIon of the proVlSlOns of tlus mam bwldmg shall be used for home
Chapter or Its appllcatlon to any speClflC OCCUpatIOnal purposes.
case or Sltuatlon, he shall Illterpret the 4. There shall be no sales of products
mtent of th1s Chapter by wntten deCl- or services not produced. on the prem-
slon and thereupon file a copy WIth the ises.
Comrmssion, and such interpretauon 5 The use shall not generate pedes.
shall be followed In applymg Said pro- tnan or velucular traffic appreClahly 00-
VlSIOns, unless changed by the Comnus- yond that normal to the dlStnct in
slon on appeal. An appeal from any which It 15 located.
mterpretation by the .AdmmJstrator 6 The use shall not mvolve the use
may be taken to the ComnusslOn, If filed of eommerclal vehlcles for dehvery of
Wlthm 10 days m the manner proVIded materials to or from the prenuses.
for m Sectlon 9145C3 and a malonty 7 There shall be no use of matenal
vote of the votmg memberslup of the or mechamcal eqUlpment not recogruzed.
COmmlSSlOn shall be reqwred before as bemg part of nonnal household or
makmg any change in the mterpreta- hobby uses
tlon of the Adnunlstrator. 8. There shall be no use of utilities or
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restored, provlded the total cost of such
restoratlon does not e.xceed 50 per ce.'1t
of the value of the bUIldIng at the tune
of such (l~n""ge. In the event such dam-
age or destrocb.on exceeds 50 per cent
of the value of such non-confornung
bwIdmg, no repaJ.rS or reconstruction
shall be made unless every portion of
&uch bU1ldmg IS made to conform to
all regulatIOns for new bUlldmgs in the
DlStnct In whIch it 1& located.
6. Removal. In any reSidentIal d1stnct
or "A" D15tnct. every non-COnfonnmg
bwIdmg winch IS deSigned or arranged
for use pernutted only m the commer-
C1lll or manufactunng distncts, Wlthm
25 years from November 5, 1948, shall
be removed completely or altered and
converted to a bwlding confornung to
all regulations of the DlStnct in which
such bwJdln~ is located.
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SECTION 9136C Non-Con1OJ'n1ln~
Use of Land Not Involving BulJdln,.
1 Continuation of Use. The non-con-
formmg use of land not mvolvmg bUlld-
mgs, exlStmg at the effectIve date of
tins Chapter, may be contInued, pro-
vided:
a. That such non-confonning USe of
land not Ulvolvmg bWldmgs, shall
not be expanded or extended.
b. That If such non-conformmg
use, any future use of such land
or any portIon thereof, IS rnscon-
tmued or changed to a conformmg
use, any future USe of such land
shall be m confornuty WIth the
proVISIOns of thIS Chapter.
2. RemovaL Every non-confornung
use of land not involvmg bUIldIngs,
Wlthln 25 years from November 5, 1948,
shall be dl.scontmued.
SECI'ION 91360 Y on.ConforDling by
BeclassieatloD or Ch...n~e. The forego-
mg proVISIOns of SectIOns 9136, et seq.,
shall also apply to bUIldIngs, land, or
uses, wh1ch hereafter become non-eon-
fonrung due to any recIassIf'~atlOn of
DIstncts under thIS Chapter or any
SUbsequent change m the regulations
thereof, e.'Ccept that the tIme Imutatlon
for thell' removal shall be 25 years from
the date of such reclassIfication or
change and proVIded that nothIng m tlus
Chapter pertauung to non-confonnmg
bUlldmgs and uses shall be construed
or applied so as to reqUll'e the temuna-
tIon, dIScontInuance or removal, or so
as to prevent the mOdermzatIon, re-
placement, repall', lllalJ1tenance, altera-
tion, reconstruction, or rebwldmg of
pubhe 5emCe and pubhc utility bwld-
mgs, structures, uses. eqwpment ant!
facilities, prOVIded that there IS no
change of use or mcrease of those areas
so used .
SE(;nON 9136B. Non - Con1ormlng
UII8 of Buildings.
1. Contmuatlon - except as proVIded
in SectIon 9136A6 the non-confomnng
use of a bUllchng, existmg at the effec.
tive date of tins. chapter, may be con-
tInued.
2. Change of Use. The use of a non-
conforming bwldmg may be changed to
a USe of an equal, or more restncted,
classification. In no case shall the use
of a non-conformmg commercial bwld-
mg be changed to a less restncted use
than that pernutted in the "C2" or "CP"
DistrIcts nor shall the use of a non-con-
fomung mdustnal bwldmg be changed
to a less restncted use than that per-
JDltted in the "M1" DIstrIct. Further,
the above proVISIon also shall apply to
the USe of a vacant non-conformmg
commeI'Clal or industnal bUIlding
Where the use of a non-confornung
bwlding hereafter IS changed to a use
of a more restrIcted clasSIflcatlon, It
sball not thereafter be changed to a use SECTION 9137 Conforming Outdoor
of a less restrIcted classIfIcatIOn Uses
3, ExpanSIon Prohlbited-Dlscontinu- ~ .
ance. A non:confomung use of a bwld-. SECTION 9137A The followmg uses
1ng or portion .thereof confomung to j shall be permItted outsIde of an enclosed
the USe regulations,. shall not be ex- "f bUlldmg in dIStrIcts where such uses are
panded or extended m~o any other por- 1 otheIWlse perrmtted and such uses shall
bon of such confornung bUlldIng nor , be deemed confomnng'
changed except to a confonnmg use. ~
U such a non-confonnmg use or por. i L Automobile hoISts when used. In
bon thereof is dIScontInued or chano-ed i connectlon WIth an automobIle mam-
to a conformmg use, any future use'" of 1 tenance or seI'Vlce busmess.
such bwldmg, or portIon thereof, shall j 2. Dnve-In Restaurants.
be in conforrmty WIth the reguIatlOns 1 3. Pano tables, chaIrS, umbrellas, etc,
of the dIstrIct in wtuch such bwlding j used in connection WIth a restaurant
is located. busmess.
4. Any bar WhlCh is non-confomung. 4 News Stands.
m the "C2" or "C3" DlStncts by reason I 5. Vendmg machInes, to include weigh-
ot the fact that it IS not operated m 1 ing scales, when accessory to a busmess
connection Wlth and a:s a part of a "1 conducted WIthIn a bUIldIng
restaurant at wluch a vanety of hot 1 6 Merchandise enclo~ ill dIsplay or
meals are cooked and served on the i show cases, elther flXed or portable,
prenuses shall be dJscontmued WIth1n ~ when on owner's prenuses and used m
nve years from the effective date of 1 connection \VIth a bUSIness Wlthm an
th1s sectIon, or five years from the I enclosed bwldIng
date such a use becomes non-conform- ; 7 Border matenals, flower pots, trel-
.... wmd>ever date .. l.t~ , h<s and !be ""e. but Nor tertili~"'. m
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1-22 11
~~'!m~A~:E
1 Building Height. The height of any
buddmg or structure erected In this dIS-
tnct shall be llmlted to sue (6) stones
or mnety (90) feet except that bmldmgs
or structures m excess of tms l1mltatlon
may be permItted by the Issuance of a
Conditional Use Permit under the pro-
VlSlOn of SectIon 9148 provIded that
(a) Approval of bwldmgs or struc-
tures m excess of lllX (6) stones and
mnety (90) feet In height but not more
than twelve (12) stones and one hun-
dred sixty n60} feet In height shall be
only on the baSIS of an EnVironmental
and FIscal AnalY515 satIsfactOrily dem-
onstratmg tha.t no slgmflcant a.dverse
enVll."onmental or fiscal Impacts "",n oc-
cur as a result of the mcreased heIght
(b) Approval of buildtngs or struc-
tures m excess of twelve (12) stories
or one hundred slXty (160) feet shall be
only on the basHl of an EnVIronmental
and Fiscal AanalYSIS demonstrating that
any and all portIOns of a bUlldmg or
structure in excess of twelve (12) stones
or one hundred sIxty (160) feet do not
result m SIgnificant adverse Impacts over
and above those occurnng at the twelve
(12) story, one hundred sixty (160) foot
limitatIOns, and, further that such addl.
banal allowance Win produce a dem-
oftStrated, measurable net fIscal benefit
to the City
2 Yal"d!>
a Front Yard A front yard shall he pro-
.,,',ded and malntamed on each lot Said van!
shall have a minimum depth as speCIfied on
the "dlstnctmg map" except that m no e\'ent
shall the front ..art! be less than twentv 120'
feet m depth \\'here a lot or buddmg 5Jte IS
sltuated between two lots. one or hothof whIch
has a roam dwelhng mamtammg a front )-al'd
less than twenty (20' feet ltl depth, a structure
may project up to fi\e iO" feet mto the front
yard prO\"lded that not more than one-half;', 1
of the total WIdth ohhe bUlldmg IS so prOJect-
mg and that an area eqUivalent to that oc-
cupied by the prOJectmg portIOn of the struc-
ture IS provlded and mamtamed adjacent to
the fTlmt yard area, the total front yard so
provuied to be an area equn'alent to not less
than twenty tnnes the Width of the lot or bUlld-
mg Site
Exceptthat any lot or bUlldmg site contam-
mg an area of SIX thou"and i 6.000" square feet
or less, exclUSIVe of any alley area, shall be
elCemptfrom thIS praVl!:;lOn but shall prollldea
front yam area as establIshed by the dJstTlct-
mg map
b SIde Yard No SIde yard "hall be re-
e
217 -G~2
R.59
qUlred, except that where the slde lot lme of
any lot or bUIldIng sIte abuts a reSldentlal
dlStTlct, a SIde yard shall be prOVIded and
mamtamed the ~ame as requI red In the "RT'
DlstTlCt Said yard may be used for parklllg or
access, provlded a wall not less than five (51
I'\or more than SIX '0" feet 1[1 heIght IS erected
and mamtatned on the SIde lot IllJe
c Rear Yard No rear vard shall be re-
qUired. except that where the rear lot lJne of
any lot or bUlldmg SHe abuts a resIdential
dtstnct. a rear yard :ohall he prOVIded and
mamtamed the same as required for Side yard
m the "R3" Dlstnct Said yard may be used far
parkmgor access, pro\'lded a wall not less than
five (5i nor more lhan SIX '6j feet m heIght IS
erected and mamtaIned on the rear lot Ime
3 Off-Street Parking The prOVISWnS of
SectIOn 9129 shall apply
4 SIgnS and Name Plates The prOlllSlons
of ArtH;le Vlll shall apply
5 Off.Street Loamng. The prOVISions of
SectIOn 9130 shall apply
SECnOr-;: 9114 "CA" CommerCIal.
AdmmJ8trat1'I'E' DistrIct Regulatlons The
follOWing regulatIOns apply to the "CA"
Commercial-AdminIstratIve Dlstrlct
SECTIOl'< 9114..\ Uses Pemlltted The fol-
10wlOg uses are permItted 1IJ "CA".
Commerclal.Admmlstratlve Dlstnct
I AU uses penmtted 1IJ the "R4 . Dlstrtct
2 Any of the followmg U!,e.<; If conducted
wn!llt\ an enclosed b\.lIldmg
a Offices
b FinanCIal IIlstJtuhons
c PublIc bUlldmgs and facJ!ltJes
_ d Ret<lJI sate" and "ervlces related or lIlet.
dental to. and In the samebuIldmg as the use~
lIsted aoo\e, such a~
(1 i Ba~ber and beaut) shop
(21 C()T1fectlOner~ store
;3' FlorIst shup
141 Gift "hop
'5' Office suppl} ~tore
.6' Phannacv
I., Restaura'Tlt 'no dancmg nr emertd.ln-
ment'
SECTIO~ 91148 Property De\.elopment
Standards The follo....'ng proper!\ de'elop
ment standard" ~halJ apply to <Ill land and
structures 1IJ the CA Dlstrlct e"cept "R-t
uses, to whIch tj,e propert} de,eiopment ~tan
dards of the' R4 Dlstm:t shall appl}
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