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SR-307-004-02 (3) - ee .36??--t:'Of/_! e ~:r FEB 2 6 '9S~ 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 ~~ ee ee -2- 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 ... _.. _ ~_"'--Y _____ . '1"-- .,...... \ .... ~I AIlJlldl4 ~Onl. #7l.SCCl Ad.~IN 15.3D-Ui '\" >;-- ..... F '-- tie ~,I! ~"" {f.J)--:- C 1I,'<<wi~ i~1 0" "", , I '0 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. Of'.- - ~\zO' I 217-U 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 ~ 'I SEL:'nON 9137. Confonnlng Outdoor US69. .... ,un A...dlOl "lI,d #4nCCI M~ ~lId 2-2) 60 ....'UCI A.'ftdlf " On! l!:4!1lCCI Ad.,I'" 2-2)-60 .... '1)'7 "....d.~ kyOnl ,'t491Cts A~~,tl4 2-2NiO $I.. 91370\ A...nd.. \y lI'd l':491cCl M..ffiI 22J-~ .. .4 ..-- >-.-, , ',. ' , ' , c) , I tJ ... ~ .. I \.-,.-' ' '~- \:::..,-" 8ft. 9131 Addlll!l b, Ont. #7S4CCS Ado~t'" 1Q.24-67 Ie.. 913' AIIllftdo' ~ 01'11. ,ft491CCI "'..loo! 2.21'60 tM. 9140 AIlI6nrlOll ~1 Otd #491CCI A'O\II.. 2.23-60 s... 9141 AIlI..dM by Ot'. #491CC' Adaptd 2.203.60 ee .. is if.f# g fj<r ic f[{~~ 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. q ee f(;. II- 217.V 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 s... 9142 A...~ot b, Drd #491CC' AdDplr~ 2-2.).60 I", !/14' A~o.'ot h ~rtI ;l491CCS Add'lrd 2 23.60 SOL 914'" Alllndoll h Otd #49ICCI AdD,lod 2-203"", SH, 9101 Am..dot ~, 0'" #49UCS AdD~!lId 2-2;1.60 ~