SR-307-004-02 (3)
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Santa :~nica, Callfornia
February 6, 1980
TO: Mayor and Clty Counell
FROM: Clty Staff
SUBJECT: Proposed swap ~eet to benefit Fa~ily Service of
Santa !'~onica
Introduction
ThlS report lS ln response to the request by Farnlly Service
of Santa ~~nlca to use the parking lot at the County Court
House for a swap ~eet on Apr11 26, 1980. It ~akes a
reco~~endatlon based on the results of the f1rst swap ~eet
held 1n thlS location on AUGust 18, 1979.
Background
Last year !!s. Beverly ~~cCoy contactec. the C1 V1C Aud1 torl u:m
re~ardln0 usin? the park1nq lot for a s~ap ~eet for the
Fa~11y SerVlce organlzation on Auqust 18, 1979. At that
tiwe she was told that, although the bU1ldlna was not booked
thus far, a r.ore deSlrable location ~ould be the County
Court House parkina lot as the space at the CiV1C Aud1torlu~
could not be Guaranteed. She was also told that City POllCY
thus far had been not to allow such an event and lt ~ould
need Clty Councll approval. It was also declded at that tl~e
that the Civic Auditor1um parkina lot and perhaps the snack
bars would be open and the regular parkinq fee would be charqed
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for patrons of the proposed swap ~eet lf perrolsslon was
~ranted thereby bringina ln so~e revenue for the Clty. The
Pollce Department had no serlOUS obJection to this event
on a one tl~e only basls as it would Glve them an opportunity
to observe an event of this type and see if probleMs often
assoclated wlth swap ~eets and flea markets indeed eXlsted
and to what extent. The Plannlna DepartFent however felt
that thls event would be in violatlon of the ~unlcipal Code,
Clty Ordlnance No. 666 (CCS), Section 9114A, and City
Ordinance No. 491 (CC8), Sectlon 9137~, (See ExhlbltS A and
B), and to perroit this or0anizatlon to hold thlS event as
proposed would not be ln the best interest of the Clty and
would open the door to ~any such requests. ThlS, however,
has not been the case and the Police Department encountered
no problems.
Reco~endatlon
Staff recomwends that Clty COUDCll approve the proposal of
FaMlly Service of Santa ~1onlca subJect to the recom~endatlons
and resulatlons of the Santa Monlca Pollce Depart~ent and Clty
Staff as developed for the meet of August 18, 1979.
Prepared by: Gary Ferguson
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SANTA MONICA MUNICIPAL CODE
restored, provided the total cost at such
restoratlOn does not exceed 50 per cent
of the value of the building at the tune
of such damage. In the event such dam-
age or destructlon exceeds 50 per cent
of the value of such non-conforming
bulldmg, no repairs or reconstructlon
shill be made unless every portion of
wch bUIldmg Is made to conform to
all regulations for new bUlldmgs in the
Distnct III which it IS located.
6 ltt>moval. In any reSidential district
or "An DlStr:lct, e\'ery non.conforrrung
bUlldrn~ wluch IS deSIgned or arranged
for use permi tted only Ul the com..rner-
CI8.1 or manufacturing &stucts, Wlthin
25 years from November 5, 19,18, shall
be removed completely or altered and
converted to a bmldmg conformi'1g to
all regulations of the Distnct In which
such bUlldIng is located.
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R-35
SE<.;l'rON 9136C. NOD..cOnformtnr:
Use of Land :'iot Involving Buildings.
1. Continuation of Use. The non-con-
fonnmg use of land not Involving bUIld-
ingS, eXlstmg at the effective date of
thIS Chapter, may be contmued, pro-
vided .
a That such non-con!orm1ng use of
land not mvolvmg bwldmg:!, shall
not be expanded or e.....tended.
b. That If such non-confonning
use, any future use of such land
or any portlOn thereof, is discon-
tmued or Cha!lged to a conforrnmg
use, any futuN USe of sllch land
shan be m conformity With the
provisions of thlS Chaoter.
2. Removal. Every n~n-conforml.ng
use of land no! mvolvrng bUlldmgs,
Wlthin 25 years from :-;rovember 5, 1948,
shall be (fu.cQntmued.
SECTION 9136D Non-Conformlng by
Rec1asslc.atlon 01" Change.. The forego-
ing provlSlons of Sections 9136, et seq,
shall also apply to bUIldings, land, or
uses. wluch hereafter b~me non-Con-
forming due to any reclassification of
DIstricts under thlS Chapter or any
subsequent change in the regulations
thereof, except that the time hnutation
for their removal shall be 25 years from
the date of such reclassItlcatlon or
change and proVIded that nothmg In thl5
Chapter pertammg to non.con!OtmlDll"
buildings and uses shall be construed
or apphed so as to reqUlI'e the terrnma-
tlon, discontmuance or removal, or so
as to prevent the modenuzatIon. re.
placement, repair. mamtenance, altera-
tion, reconstruction, or rebmldmg of
public service and pUblic utUIty bUlld-
mgs, structures, uses, eqwpment ani!
facilities. prOVIded that there IS no
change of Use or mcrease of those areas
so used ,
SECTION' 9136B. Yon - Conformtng
Use of Buildings.
1 Contmuation-except as provided
in Section 9136A6 the non.conforming
use of a bU11dmg, existing at the effec-
tive date of this chapter, may he con-
tmued
2. change of Use. The use ot a non-
conformmg bU1ldmg may be changed to
a use of an equal, or more restrIcted,
clasSifIcation. In no case shall the u~e
of a non-confotmmg commercial bUIld-
Ing be changed to a less restrIcted use
than that pernutted in the "C2" or "CP"
Districts nor shan the use of a non-con-
formmg mdustrml bUlldmg be changed
to a less restrIcted use than that per-
mitted in the "M1" DistrIct. Further,
the above provislOn also shall apply to
tl1.e use of a vacant non-confonning
commercial or Industnal bUIldmg
Where the use of a non-conforming
bUlldmg hereafter is changed to a use
of a more restncted classl!Jcation. it
shall not thereafter be changed to a use
of a less restncted claSSifIcatIOn.
3. Expansion Prohlblted-Dlscontinu-
ance. A non-confonnmg use of a. bwld- SEctION 9137A. The following uses
ing or portion thereot conforming to shall be pennitted outside of an enclosed
the USe regulations, shall not be ex- bUIlding in distrICts where such uses are
panded or extended 3nto any other por- otherwrse permitted and such uses shall
non of such confonnmg bmldmg nor H be deemed conforming.
changed except to a confonrung use, is
If such a non-conformmg use or per- ~1 1. Automobile hoISts when used in
bon thereof 15 d1scontmued or changed 't' connectlon w1th an ~utomohne main-
to a confornung use, any future use of ~ tenance or seIVlce busmes!.
such bwldmg, or portIon thereof. shall I 2 Dnve--ln Restaurants.
be in conforrruty With the regulatIOns 3 Patlo tables, chmrs, umbrellas, etc.,
of the district m whIch such bUIldIng ~ used in connectIOn WIth a restaurant
is loca.ted. ~. busmess.
4. Any bar which is non-conforming t~ 4: News Stands.
In the "C2" or "C3" DlStncts by reason Fli 5 VendIng machines, to !Delude weigh-
of the fact that it is not operated m ~ ing scales. when accessory to a busmes!I
connection "nth and fl:l a part of a /'1 conducted wIthm a bmldmg.
restaurant at whIch a variety of hot I 6 1'.lerchandIse enclosed. In display or
meals are cooked and served on the q show ca<;es, either fL'Ced or portable,
premIses shall be dlscontmued withm!{ when on owne!"s pren1JSC.!l and used in
flve yeaI1i from the effecttve date of It connection With a busmess WIthm an
tLls sectlOn, or fIve years !lorn ther' enclosed tllllJdmg
(Lte such a Use becomes non-confonn.['~ 7. Borde. nHtterlals, flower pots, tre!-
I."" ....J.li.'hcveJ;' date IS later lies and the hke, but NOT fel"tlhlers. m
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SEL:'nON 9137. Confonnlng Outdoor
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SANTA MONICA MUmCIPAL CODE
connection with, and amoWlting to not
more than 15 per cent of the mventory
expressed In dollars, of any retaIl plant
nur~ery. ~
SECTION 9138. Anything In this code
to the contrary notwithstanding any
parking lot located ill any commel"Clal
dlstnct, may be used on Saturdays and
SWldays for the wsplay of art under the
sponsorshIp of any recogrnzed art or-
ganizatlOn and/or accredIted school pro.-
VIded that the zoning adnunistrator de-
termines that the place or places of
busmess which have control of the park-
ing lots are not open for busmess on
these days; and that he, thereupon, shall
issue a pemut in writIng.
SECl'ION 9139. (Reserved for future
use.)
SECTION 9140. Authorlty of ZonInJ::
Adm1nlstrator. The administrator shall
have Jllnswctlon of and be responsIble
for the adnumstration of the regulatIons
and provisions of thIS Chapter. He shall
have the power to e..'..::ercise tins jurisdic-
tIon as hereafter proVided and shall
have the authonty to act in Jus admm-
istrative capaCIty on the fOllowmg mat-
ters:
Interpretations
Unlisted Uses
Home Occupations
AdJustments
Vanances
Use Pernum
In exerClsmg his jurisdiction the ad-
nnrustrator may adopt from tune to
time such genernl rules and regulations
relating to procedure as may be neces-
sary and are not in COnflIct Wlth the
proVISIOns of tlus Chapter. The detenm-
nation of the Zomng Adnurustrator on
the matters listed above shall be sub-
Ject to the nght of appeal, or revIew
by the CommisSIOn as prOVIded in Sec.
tIon 9145C3.
SECnON 9141. Interpretation. When-
ever in the opuuon of the Adnurustrator
there IS any questIon regarding the m.
terpretatIon of the prOVIsIons of thIS
Chapter or Its apphcatlOn to any speCIfIC
case or SItuatIon. he shall mterpret the
mtent of tlus Chapter by wntten deCI-
sion and thereupon f:1le a copy WIth the
CommIssion, and such interpretatIon
shall be followed in applying said pro-
VISIOns, unless changed by the COIllmJS_
SlOn on appeal. An appeal from any
mterpretaoon by the Adrnuustrator
may be taken to the COIIlll1.lSSlOn, If flIed
WItWn 10 days In the manner prOVIded
for In Seetlon 9145C3 and a maJonty
vote of the voting meml>ership of the
comrmSSion shall be reqwred before
making any change in the interpreta-
tion of the Adnuzustrator.
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R-39
SECTION 9142 Unlisted Use9. Where
the tenn "And such other uses as the
Zonmg Admimstrator may fInd to be
srmIlar to those lIsted above .." IS
mentIoned, It shall mean other uses
which, in the Judgment of the Zomng
Ad1rumstrator, as eVidenced by a "''nt-
ten deCISIOn, are SimIlar to the uses
lIsted In the same SectIon and are not
more obnoXiOUS to surroundIng property
or obJectIOnable to the general welfare.
The detenrunatIon of the Zomng Ad-
muustratoI' may be appealed to the
Comnussion for final declslolL Any USes
so deterrnmed by the Zoning Admuus-
!rator or COlTlII11Sslon shall be regarded
as lIsted uses. In no instance. however,
shall the Zonmg AdrmnlStrntor or Com-
mission deternune, nor shall these regu.
latIons be so interpreted, that a use
shall be permitted Ul a distnct when
such USe is speCifically listed as flI'St
permiSSible m a less restricted distrIct;
i.e., a use specifically listed in the "C3"
District shall not be permitted in the
"C2" DIStnCt.
SECfION 9143 Home Occupation.
SECTION 9143A - "Home Occupa-
tion" shall mean any use customanly
conducted entirely \\ithm a dwelling
and earned on by the inhabitants there-
of, for compensation, which USe is clear-
ly inCidental and secondary to the use
of the structure for dwelling purposes
and winch USe does not Change the
character thereof or does not adVersely
affect the uses pennltted in the d1stnct
of wWch it 15 a part.
SECTION 9143B. Home occupation
may be conducted in resldential dIs-
trIcts prOVided the home occupabon is
approved In wntmg by the Zorung Ad.
rmnIstra tor as valid and confornung
WIth the following cr!tena and condi-
tIons and proVIded the applicant agrees
therto in wn tmg.
1. There shall be no emplo~'ll1ent of
help other than the members of the
reSIdent fanuly
2. Not more than one (1) room in the
dwellmg shall be employed for the home
occupatIon.
3 No bwldrng or space outside of the
mam bWldmg shall be used for home
occupa tional purposes,
4 There shall be no sales of products
01' serVICes not produced on the prem-
lses,
5. The use shall not generate pedes.
man or vehicular traffiC apprecIably be--
yond that normal to the wstrict In
which it is located.
6. The use shall not involve the use
of commerCial vehicles for delivery of
matenals to or from the prenuses
7 There shall be no use of material
or mecharocal eqwpment not recognl2:ed
as being part of nonnal household or
hobby uses.
8. There shall be no use of utilities or
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