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CC - ACTION ITEM: (1) Discussion of a Potential Urgency Ordinance on Transfers of All Legal Non-Conforming Uses (or on Transfer of Legal Nonconforming Firearms Uses); (2) (If Desired) Creation of an Ad Hoc City Council Subcommittee and Appointment of Two Council Members thereto; and (3) Direction to City Manager as Deemed Appropriate.
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Meeting Date: August 28, 2023
Contact Person/Dept.: Jesse Mays, Assistant City Manager
Heather Baker, City Attorney
Lisa Vidra, Assistant City Attorney
Phone Number: City Manager's Office - (310) 253-6000
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Attachments: Yes [] No [X]
Public Notification: (E-Mail) Meetings and Agendas - City Council (08/23/2023)
Department Approval: John Nachbar, City Manager (08/22/2023)
RECOMMENDATION
Staff recommends the City Council (1) discuss a potential urgency ordinance prohibiting transfers of legal non-conforming uses (or transfers of legal nonconforming firearms uses); and (2) (if desired) creation of an Ad Hoc City Council Subcommittee and appointment of two Council Members thereto; and (3) provide direction to the City Manager as desired.
BACKGROUND
At its meeting on August 14, 2023, members of the public submitted public comment (written and oral), stating that one of the firearms dealers in the City with a legal nonconforming location announced the retirement of the owners and requesting the City Council agendize a discussion of an emergency moratorium. The City Council obtained consensus to agendize a discussion of an emergency moratorium on the transfer of nonconforming uses.
Legal Nonconforming Uses
Under longstanding California case law, a legal nonconforming use is a lawful use existing on the effective date of a local zoning restriction and continuing since that time in nonconformance with the zoning code. Consistent with state law, the Culver City Municipal Code (CCMC) Section 17.610.010.E.1 establishes th...
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