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SR-307-004-02 (2) ~ ~ . e . 5t7?--po j~ "'-~z. 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 //-H JUN 2 6 1979 e e -2- ~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 e e -3- 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 .. (. SK. 9138 Add.. ., 0,.. #7"'cca Ad.. 10.24-67 v -- ~~-hL.~-:G..rl ~~-.,,~ f ~ .... 9139 A_dlil bOnl #491Cts Ad.,t. 2-2J.60 6IL 9140 A..ft.M1 b GnI. #49UCS AdOflWd 2.23-60 \ .... ~""- ,::..;.. -- -"- ( ( ~":>~.:~ Sn. 9141 A_d. b 0,.. #491<:CS Adopt'" 2-23-60 ...-.... ~- ---j~ L, '---'" ~ J::; 'f.~ 6; J' 811 SANTA MONICA MUNICIPAL CODE ~2 217-V R-39 """"""'" ..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 Sfa. 9142 A....... ., 0,. #491CI:S Adopt" 2023.60 ~~~.~ S... 9143 A_did ., Otd. #4911:1:$ Ado.ud 2.23-60 s... 914'A A_.d.. ., 0,. ;#491CI:$ Adll1ltt<l 2.2].60 s... 914'11 A_.d.. Q On! #4~ICCS AdoJtH 2.23-60 '~ r---..~----- ~- r- -- -. 1 t -~~ E ---:......~ .! _::.....:j=.. ~~~~..~c;;j:;:ELn:~~;>:':~c:~~:.:t i:~~~=s~;;r~Z::':::~2.:r:~;;:~;~~.~g;=;:; ,~~': ,,,.~~4>'~~:.tu::i~~*,~~:~'~~~~~~~~~; f ~.....~-..~~~_.......;_--.o:.-;;"'''''''''''''''-'''-~---.;!:''''''' ~---: ~..' ...,.------~.~_. "-_....- ~.o;:-"""............__ ,.:,..p_-_-:..-~ ~~ '-"':J(,r- ... .' ( " \ ~ .r' "--__ -- I.,.~~-_-l ~ .,iI!!!IiIt ~. '- ....~....:~._- ~'--.. SIt.. 9l3Q '-d" ., 'rd, #715CCS AlItpttll 6-30-66 ( ( .'-. .~~ --. -~--- -...-.....:--............... c -"-I' -0._ __~ ---~ . :.-: ~--- Ii 1.:'" t:.Kiil"r #~a'<< SANT~'~CA MUNICIPAL CODE 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. p'.' 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 217-U R-36 1M. 9l36C Allt.d... "0... #491CCS Ad.pltd 2-2;3-60 ~~~- 1M. 91.36D "IItBdt4 lJ lIrl :t491ces Ad.~h<I 2.23-60 .... 91)7 A.ad'" ., Ol'll. #491CCS Adc,1I4 2-2].60 1M. 913'" A.tBd.~ "lIrd 1;!491CCS Ad."" 2.23-t50 I ~,~ r~'- -;;:~~A:"~~~~~ -.!" ......~..........--.. ~_~,-._~._':........~~ ,...:0---..___):: ..~...~---...._ "-....~__ __ :--~:...-"f.. ~~1i~~~~~i~5rl~;~~~;f:~~~n~ .!' --~- ~- - - ~~ ~ . -;"---~::-~~-~"",:"'..o:.I-..l......tr;.."'~~~____l"'''''~''''''':'__.-::" __........_~. ".,._ -.. ......." ....~~..,... .'OJ I!r .n.~ __..JII ~---A. ~ lA..J1 --""'~ l~ ~.; Tl ~ llII""'IIII!Io:"po-,~ -..-..~____---..--~__.. ... F-;....-..... 'W18J~ ~~"';"':,,"';--'"- ....- ~~ ,-~,.........=- ~ -.. ---.q.",-"..........~... ~ . __ _ofoi_ --=--_~~1 ( lit 111311 ........ qlltll t1181CCS AftJNd 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} 1 -~~-$.:t,., Se. 9'" ..1Id8d 'v On! #565CCS Mapl.. f 26 55 See 911." A1c18d ~J~ccs Allapl~ 12615 So. ',UB Ad de. b-t Crn #666CCS .AlIople. 1 26 65 ! ~ _ '-.,~.::"'""'r...,....-,._ ~ ..... ~_~_ __.~.._'. .' '. .J~l_-.-L-""-'!r-,....--_:.k.~.;.~__I.' _ _" L~. . __-....;,~~~......-.......c:._ r:~:-'"'~ -----""-~--:-- ~ ( Se. 9'1JB2, ""'_ed bl DrlI ,n016CCS A.lI9le. 111-1415 ( ( ~~~<:-:~~7:~~~'~~f;;l~~~~ls:~~:T~::2.:12:t!~~s12~'-;::::~~;'~;;;~~~,;-,-'- ::~~.;~;<:- ~ ....~ ",,"~'io-?.:f"_"C>""""~~ ,..,r....~~+-......'"___ ~ o,l"-..''P>'.a.....__. _..._ -c"-~ -,;:r"'-..;:-........~.=-_ .;;0,.",,-.--. .. ~...;.\^... ~. ....:.~~ ;;- ...-..;:o:'~-=--